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R-05-06-23-14A1 - 6/23/2005RESOLUTION NO. R -05-06-23-14A1 WHEREAS, the City of Round Rock has duly advertised for bids for the purchase of water meter boxes, and WHEREAS, MS Techline Pipe, LLP has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of MS Techline Pipe, LLP, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Purchase of Water Meter Boxes with MS Techline Pipe, LLP, a copy of said Agreement being attached hereto as Exhibit "A" and incorporated herein. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 23rd day of June, 2005. T: CHRISTINE R. MARTINEZ, City Secreta @PFDesktop\::ODMA/WORLDOX/O:/WDOX/RESOLUTI/R50623A1. WPD/sc N W L, Mayor Cit • of Round Rock, Texas y CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF WATER METER BOXES FROM MS TECHLINE PIPE, LLP THE STATE OF TEXAS § CITY OF ROUND ROCK § § KNOW ALL BY THESE PRESENT: COUNTY OF WILLIAMSON § COUNTY OF TRAVIS § That this Agreement to provide Water Meter Boxes, (referred to herein as the "Agreement") is made and entered into on this the , 2005, by and between the CITY OF ROUND ROCK, TEXAS, a home -rule municipality whose offices are located at 221 East Main Street, Round Rock, Texas 78664 (referred to herein as the "City"), and MS Techline Pipe, LLS, whose offices are located at 9609 Beck Circle, Austin, Texas 78758 (referred to herein as the "Vendor"). This Agreement supersedes and replaces any previous agreement between the named parties, whether oral or written, and whether or not established by custom and practice. and RECITALS: WHEREAS, City desires to purchase the provision of Water Meter Boxes from Vendor; WHEREAS, City has issued its Solicitation for the provision of said services, and City has selected the Response to Solicitation 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 or services and Vendor is obligated to sell specified goods or services. 00085732/jkg 1 D a EXHIBIT B. City means the City of Round Rock, Williamson and Travis Counties, Texas. C. Effective Date means the date upon which the binding signatures of both parties to this Agreement are affixed. D. Force Majeure means acts of God, strikes, lockouts, or other industrial disturbances, acts of the public enemy, orders of any kind from the government of the United States or the State of Texas or any civil or military authority, insurrections, riots, epidemics, landslides, Lightning, earthquakes, fires, hurricanes, storms, floods, restraint of the government and the people, civil disturbances, explosions, or other causes not reasonably within the control of the party claiming such inability. E. Goods mean the specified supplies, materials, or equipment. F. Services means work performed to meet a demand. The furnishing of labor, time, or effort by the vendor, involving the delivery of any specific end product. 2.01 EFFECTIVE DATE, DURATION, AND TERM A. This Agreement shall be effective on the date it has been signed by both parties hereto, and shall remain in full force and effect unless and until it expires by operation of the term stated herein, or until terminated or extended as provided herein. B. The term of this Agreement shall be for five (5) consecutive twelve (12) month periods of time from the effective date. Prices shall be firm for the duration of the agreement, except as provided for herein above. This agreement may be renewed for two (2) additional periods of time not to exceed twelve (12) months for each renewal provided the parties agree. The City reserves the right to review the Vendor's performance at the end of each twelve (12) month period of time, and to cancel the contract (without penalty) or continue the contract through the next period. C. City reserves the right to review Vendor's performance at any time during the initial agreement or renewal period, 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 or services as outlined in Exhibit "A" attached hereto and made a part hereof for all purposes. The intent of these documents is to formulate an Agreement listing the responsibilities of both parties as outlined in the Solicitation and as offered by Vendor in its Response to the Solicitation. The Agreement includes the following in Exhibit "A": 2 A. City's Solicitation designated as IFB No. 05-022 Water Meter Boxes, B. Specification Number 01-890-40-03, revised: March 2005 C. Vendor's Response to Solicitation; 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) (3) This Agreement; Bidder's Response to Solicitation; City's Solicitation, exhibits, and attachments. 4.01 ITEMS AWARDED The goods or 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 as fully a part of this Agreement as if recited herein in full. 5.01 COSTS The bid costs listed in Exhibit "A" shall be the basis of any charges collected by Vendor. Agreement prices shall be original price, terms and conditions plus any approved changes. 6.01 PRICE ADJUSTMENT The City may permit "unit price" adjustments upward, only as a result of a cost increase in services in accordance with the Producers Price Index at http://stats.blsgov/ppt/. Any price increase to this contract shall be requested by Vendor in writing and shall be accompanied by the appropriate documentation to justify the increase, and shall be received by City at least ninety (90) days prior to the agreement review date. Vendor may offer price decreases, even in excess of the allowable percentage change, at any time during the contract term. The City reserves the sole opinion to reject any price increase and teiminate this contract should the City and the Vendor not agree on any price increase. 7.01 INVOICES All invoices shall include, at a minimum, the following information: A. Name and address of Vendor; B. Purchase Order Number; C. Description and quantity of items or services received; and D. Delivery dates. 3 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 goods or services as determined by City's budget for the fiscal year in question. City may effect such termination by giving Vendor a written notice of termination at the end of its then current fiscal year. 9.01 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Vendor 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. Vendor may charge a late fee of one percent (1%) for payments not made in accordance with this Prompt Payment Policy; however, this Policy does not apply to payments made by City in the event: A. There is a bona fide dispute between City and Vendor concerning the supplies, materials, or equipment delivered or the services performed which causes the payment to be late; or B. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or C. There is a bona fide dispute between any of the parties and subcontractors or between a subcontractor and its suppliers concerning supplies, materials, or equipment delivered or the services performed which 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 Vendor, cancel this Agreement without liability to Vendor if it is determined by City that gratuities or bribes in the form of entertainment, gifts, or otherwise were offered or given by Vendor or its agents or representatives to any City officer, employee or elected representative with respect to the performance of this Agreement. In addition, Vendor may be subject to penalties stated in Title 8 of the Texas Penal Code. 11.01 TAXES City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be included in Vendor's charges. 4 12.01 ORDERS PLACED WITH ALTERNATE VENDORS If Vendor cannot provide the goods as specified, City reserves the right and option to obtain the products from another supplier or suppliers. 13.01 INSURANCE Vendor shall meet all requirements as stated in the attached Solicitation and its Response to Solicitation. 14.01 CITY'S REPRESENTATIVE City hereby designates the following representative authorized to act in its behalf with regard to this Agreement: David Fults Waterline Maintenance Depai tinent 910 Luther Peterson Place Round Rock, Texas 78664 1-512-218-5570 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 or services 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 goods or service and that it may not be considered in future bids for the same type goods.or service 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. 5 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) day's written notice to Vendor. B. In the event of any default by Vendor, City has the right to terminate this Agreement for cause, upon ten (10) days' written notice to Vendor. C. Vendor has the right to terminate this Agreement only for cause, that being in the event of a material and substantial breach by City, or by mutual agreement to terminate evidenced in writing by and between the parties. D. In the event City terminates under subsections (A) or (B) of this section, the following shall apply: Upon City's delivery of the referenced notice to Vendor, Vendor shall discontinue all services in connection with the performance of this Agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such orders and contracts are chargeable to this Agreement. Within thirty (30) day's 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 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 6 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 B. Three (3) days after being deposited in the United States mail, with postage prepaid to recipient's address as stated in this Agreement. Notice to Vendor: MS Techline Pipe, LLP 9609 Beck Circle Austin, Texas 78758 Notice to City: David Kautz Assistant City Manager and Chief Financial Officer 221 East Main Street Round Rock, TX 78664 AND TO: 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 Vendor. 22.01 APPLICABLE LAW; ENFORCEMENT AND VENUE This Agreement shall be enforceable in Round Rock, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for it 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. 7 24.01 DISPUTE RESOLUTION If a dispute or claim arises under this Agreement, the parties agree to first try to resolve the dispute or claim by appropriate internal means, including referral to each party's senior management. If the parties cannot reach a mutually satisfactory resolution, then and in that event any such dispute or claim may be sought to be resolved with the help of a mutually selected mediator. If the parties cannot agree on a mediator, City and Vendor shall each select a mediator and the two mediators shall agree upon a third mediator. Any costs and fees, other than attorney fees, associated with the mediation shall be shared equally by the parties. City and Vendor hereby expressly agree that no claims or disputes between the parties arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9 USC Section 1-14) or any applicable state arbitration statute. 25.01 SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any 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 to this Agreement, be determined void. 26.01 MISCELLANEOUS PROVISIONS A. Standard of Care. Vendor represents that it employs trained, experienced and competent persons to perform all of the services, responsibilities and duties specified herein, and that such services, responsibilities and duties shall be performed in a manner according to generally accepted industry practices. B. Time is of the Essence. Vendor understands and agrees that time is of the essence and that any failure of Vendor to fulfill obligations for each portion of this Agreement within the agreed timeframes will constitute a material breach of this Agreement. Vendor shall be fully responsible for its delays or for failures to use best efforts in accordance with the terms of this Agreement. Where damage is caused to City due to Vendor's failure to perform in these circumstances, City may pursue any remedy available without waiver of any of City's additional legal rights or remedies. C. Force Majeure. Neither City nor Vendor shall be deemed in violation of this Agreement if it is prevented from performing any of its obligations hereunder by reasons for which it is not responsible as defined herein. However, notice of such 8 impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. D. 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 THEREOF, City and Vendor have executed this Agreement on the dates indicated. CITY OF ROUND ROCK, TEXAS By: Printed Name: Title: Date Signed: MS TECHLINE PIPE, LLP By: .��•r Printed Name: wee s 1-+0..is { ao/ Title: ..7)2 s, de £ /es Date Signed: s'/,? s-/ o ATTEST: Christine R. Martinez, City Secretary APPROVED AS TO FORM: Stephan L. Sheets, City Attorney 9 EXHIBIT "A" 10 BIDS ARE DUE TO THE PURCHASING OFFICE AT THE ABOVE ADDRESS BEFORE BID OPENING TIME. INVOICE TO: City of Round Rock Accounts Payable 221 East Main Street Round Rock, Texas 78664 BID F.O.B. DESTINATION UNLESS OTHERWISE SPECIFIED BELOW DESTINATION: City of Round Rock Water Line Maintenance 910 Luther Peterson Round Rock, Texas 78664 INVITATION FOR BID (IFB) CITY OF ROUND ROCK PURCHASING OFFICE 221 E. Main Street Round Rock, Texas 78664-5299 FACSIMILE RESPONSES SHALL NOT BE ACCEPTED BIDDING INFORMATION: WATER METER BOXES 4m2005 1 011 BID NUMBER 05-022 RE -BID OPENING DATE: 4/26/2005 TIME: 3:00PM BID LOCATION: 221 East Main Street, Council Chambers, Round Rock TX 78664 RETURN SIGNED ORIGINAL AND ONE COPY OF BID SHOW BID OPENING DATE & BID NUMBER IN LOWER LEFT HAND HIPPER SHALL SIGN BELOW CORNER OF SEALED BID ENVELOPE & Failure to sign bid will disqualify bid SHOW RETURN ADDRESS OF BIDDING FIRM. Authorized Signature Print NacreS�E� SEE 1.7 ON BACK FOR INSTRUCTIONS: TAX ID NO.: 2003�et 79 LEGAL BUSINESS NAME: /Y/5 Tic /, /i7 e PO4c• e/ P AADDDESS: 94 c 9 ge e E e'. �e /P / Rhes44 Tx 7 f 7 3( D CONTACT: J' 's F, ji nS/'e TELEPHONE NO.:. 72- 4 /FF - F// BUSINESS ENTITY TYPE A,) e.- / W4,e r a/4c "By the signature hereon affixed, the bidder hereby certifies that neither the bidder nor the entity represented by the bidder, or anyone acting for such entity has violated the antitrust laws of this State, codified in Section 15.01 et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly, the bid made to any competitor or any other person engaged in such line of business." Bidder agrees to comply with all conditions set forth below and on the reverse side of this IFB. Best Bid: All bids received shall be evaluated based on the best value for the City, which will be determined by considering all or part of the following critera: Bid Price, Reputation of Bidder and the Extent to which the goods or services meet the City's needs and Bidder's past relationship with the City. This is for a multiple year agreement for water meter boxes in accordance with specificaiton No. 01-890-40-03, revised 3-2005 (10pgs) The quantitates shown are estimates for a twelve month period only. No guarantee of any miniumum or maximum purchase is made or implied. The city will only order the amount needed to satisy operating requirements. REFERENCES Company's Name (/j of' !urnt74- Company's Name Cr'iy e, f s 60CL��r ///j./ Name of Contact B., v / i/o u,.t y Name of Contact / f -Pr F O Ian -1p 5 C r r 7 Present Address !op/ RAGE Ae d-rae- Present Address 2(, ©0 WeJ44aer-Lf'(1e, City, State, Zip Code Ru rd -i,. f , rx 78 G 1/ City, State, Zip Code PM 6I- Lr TX id -7 02 Telephone Number 512 7S4 6//pix S(2 7S(.2c -2 Telephone Number '172 03 f 0 Fax 17 (.4 23W Company's Name fL C 2114 Company's Name )C-th.Se 1 4 M U b. Name of Contact be r1 n f.5 S M lName of Contact Tv `.-W ert.4" Tit r E Y v Present Address 10 S C I'vt. le ' Present Addresso � l30K -74% kItL551a&d rx -lac ?"I City, State, Zip Code SLAM v ;se Re 4C 4. TTC `+hslity, State, Zip Code Telephone Number (o.11jrax t30 -7/g- 3i' o Telephone Number 3.9g CEfax 32-' 3gg 5"003 FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE BID RESPONSE SHALL AUTOMATICALLY DISQUALIFY THE BIDFROM CONSIDERATION FOR AWARD IN CONNECTION WITH THIS SOLICITATION +t.a"h ftn�4.D1V:' r�,"�.}y,T:itiiiyVtITEM 5 CLASS & ITEM DESCRIPTION 43,0 •1Mi4y�y,K5y4 f- iii^ fe: 890-44 UNIT QTY MAKE & MODEL UNIT COST EXTENSION 1 2 3 SIZE A METER BOXES SIZE B METER BOXES SIZE C METER BOXES 140 50 250 EA EA EA 4 SIZE D METER BOXES 50 EA 5 SIZE E METER BOXES 50 EA Dew 34c - " 37 SBSM yo. Z,3 5/.72 ir4S/37 ec /`� 78. /3 PpAJ /7d D - /1-.0.57€1 /2—ODCIO /da.29 97.7') GRAND TOTAL Sb32.2 0 585.Dp /9,532, So 50/51. SO /o 37, SD . 2 DELIVERY IN S DAYS £'eC4 06/20/2005 13:29 5122183242 TRANSPORTATION SVC CITY OF ROUND ROCK WATER METER BOXES PART I GENERAL PAGE 02 SPECIFICATION NO 01-890-40-03 REVISED: MAR 200 1. PURPOSE: The City seeks to contract with a qualified bidder to provide various size water met r boxes and matching lids. Water meter boxes and lids shall be compatible with remote read meters. 2.. INTENT: It is the Intent of the City to establish a multiple year contract with a responsible bidde • to supply single wall water meter boxes to be used to house various size remote read water meters throughout the City's water supply system. 3. • DEFINITIONS: The following definitions will be used for Identified terms throughout the specification and bid document 3.1. Bidder identified throughout this specification shall describe persons and entities that consider themselves qualified to provide the goods, equipment 01 WI vice. 3.2. City — Identifies the City of Round Rock, Travis and Williamson County, Texas. 3.3. Agreement —A mutually binding legal document obligating the Vendor to furnish the goods, equipment or services, and obligating the City to pay for it. 3.4. .Vendor — (Sometimes referred to as Contractor) A person or business enterprise proviing goods, equipment, Jaber and/or services to the City as fulfillment of obligations arising from a contract or purchase order. 3.5. Goods represent materials, supplies, commodities and equipment. 3.6. Purchase Order - Is an order placed by the Purchasing Office for the purchase of Good or Services written on the City's standard Purchase Order form and which, when accepted by the Bidder, becomes a contract. The Purchase Order is the Bidder's auth•rity to deliver and invoice the City for Goods or Services specified, and the City's commitm nt to accept the Goods or Services for an agreed upon price. 3.7. Services - work performed to meet a demand. The furnishing of labor, time, or effort b the vendor and their ability to comply with promised delivery dates, specification and technical assistance specked 3.8. Subcontractor -Any person or.business enterprise providing goods, labor. and/or servies to a Vendor if such goods, equipment, labor, and/or services are procured or used in fulfillment of the Vendor's obligations arising from a contract with the City. 4. CLARIFICATION: For clarification of specifications, bidders may contact: Carolyn Brooks Purchaser City of Round Rock Telephone: 512-218-5457 The individual listed above may be contacted by telephone or vieited for clarification of the specifications only. No authority is intended or implied that specifications may be amended or alterations accepted prior to bid opening without written approval of the City of Round Rock throu the Purchasing Division.. Page 1 of 10 h JUN -20-2005 13:35 5122183242 97% P.02 06/20/2005 13:29 5122183242 TRANSPORTATION SVC PART II GENERAL CLAUSES AND CONDITIONS 1. The equipment furnished under this specification shall be the latest improved model in current production. as offered to commercial trade, and shall he of quality workmanship and material. The bidder represents that all equipment offered under this specification shall be new. USED, SHOPWORN, DEMONSTRATOR, PROTOTYPE OR DISCONTINUED MODELS ARE NOT ACCCPTADLC. PAGE 03 SPECIIFICATION NO 01-890-40-03 REVISED: MAR 2005 2. Bidder should submit with the bid the latest printed literature and detailed specification on equipment the bidder propoeee to furnish. This literature is for evaluation purposes. 3. The unit shall be completely assembled and adjusted. All equipment including standard and supplemental equipment shall be installed and the unit made ready for continuous operation. 4. All parts not specifically mentioned, which are necessary for the unit to be complete and ready f operation or which are normally furnished as standard equipment shall be furnished by the vend. r. All parts shall conform in strength, quality and workmanship to the accepted standards of the industry. 5. The unit provided shall meet or exceed all federal and state of Texas safety, health, lighting and noise regulations and standards in effect and applicable to equipment furnished at the time of manufacture. 6 The City of Round Rock is committed to procuring quality goods and equipment. We encourag: manufacturers to adopt the International Organization for Standardization (ISO) 9001-9003 standards, technically equivalent to the American National Standards Institute/American Society for Quality Control (ANSI/ASQC Q91-93 1987), and obtain certification. Adopting and implementing these standards is considered beneficial to the manufacturer, the City, end the environment. It is the City's position that the total quality management concepts contained withi these standards can result in reduced production costs, higher quality products, and more effici: nt use of energy and natural resources. Manufacturers should note that future revisions to this specification may require ISO certification. 7. The City reserves the right to Inspect the facilities and organization before recommending any award; or to take any other action necessary to determine a prospective vendor's ability to perform. The city may reject bids where evidence submitted or investigation and evaluation indicates an Inability of the bidder to perform. 8. BID EVALUATION: All bids received shall be evaluated based on the best value for the City. Be t value will be determined by considering all or part of the criteria listed, as well as any relevant criteria specifically listed in the solicitation. 0.1. Bid price 8.2. Reputation of the bidder and of bidder's goods and services. 8.3. The quality of the bidder's goods or services. 8.4. The extent to which the goods or services meet the City's needs 8.5. Bidder's past relationship with the City. All vendors will be evaluated on their past performance and prior dealings with the City to include, but not limited to, failure to mee specifications, poor quality, poor workmanship, late 1elivery. 8.6. The total long-term cost to the Municipality to acquire the bidder's goods or services. 9. BIDDER QUALIFICATONS:. The opening of a bld will not be construed as the City's acceptanc of such bidder as qualified and responsible. All bidders shall: 9.1. Be firms, corporations, individuals or partnerships normally engaged in the sale and distribution of commodity or provision of the services as specified herein. JUN -20-2005 13:35 Page 2 of 10, 5122163242 98% P. 03 06/20/2005 13:29 5122183242 TRANSPORTATION SVC PAGE 04 SPECIIFICATION N 01-890-40-03 REVISED: MAR 200 9.2. Have adequate organization, facilities, equipment and personnel to ensure prompt and efficient service to the City. 9.3. Provide references to include the name, address, telephone number and point of con of at least three entities for which the bidder has preformed similar service and or utiliz the exact technology within the past three years. 9.4. Identify any subcontractors to be used for this project. Experience, qualifruatiuris arid references of the subcontractors shall be submitted. The City reserves the right to approve or disapprove all subcontractors prior to any work being performed. 10. CONFIDENTIALITY OF CONTENT: Bids received are subject to release as public information unless the bid or specific parts of the bid can be shown to be exempt from the Texas Public Information Act. Bidders are advised to consult with their legal counsel regarding disclosure issues and take the appropriate precautions to safeguard trade secrets or any other proprietary information. The City assumes no obligation or responsibility for asserting legal arguments on behalf of potential Bidders. 10.1. If a Bidder believes that a bld or parts of a bid are confidential, then the Bidder shall so specify. The Bidder shall stamp in bold red letters the term "CONFIDENTIAL" on that p : rt of the solicitation. which the Bidder believes to be confidential. Vague and general clai s as to confidentiality shall not be accepted. All bids and parts of bids that are not marke as confidential will be automatically considered public information after the contract is awarded. ct 11. COMPLIANCE WITH LAWS: The successful bidder shall comply with all federal state and lo al lows, statutes, ordinances, rules and regulations, and the orders end decrees of any court or administrative bodies or tribunals in any matter affecting the performance of the resulting agreement, including without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing Taws and regulations. When requeste the Vendor shall furnish the City with satisfactory proof of its compliance. 12. ABANDONNMENT OR DEFAULT: A Vendor who abandons or defaults the wort( on the contra and causes the City to purchase the services elsewhere may be charged the difference in price of goods or service if any and shall not be considered in the re -advertisement of the service and ay not be considered in future bids for the same type of work unless the scope of work is significa tly changed. 13. CODES, PERMITS AND LICENSES: The successful bidder shall comply with all National Sta and Local standards, codes and ordinances and the terms and conditions of the services of th electric utility. as well as other authorities that have jurisdiction pertaining to equipment and materials used and their application. None of the terms or provisions of the specification shall e construed as waiving any rules, regulations or requirements of these authorities. The successf 1 biddcr shall be responsible for obtaining oil necessary permits, certificates and/or licenses to fu fill contractual obligations (City of Round Rock fees and costs will be waived). 14. INDEMNITY: Vendor shall indemnify, save harmless and defend the City, its officers, agents, servants, and employees from and against any and all suits, actions, legal proceedings, claims demands, damages, costs, expenses, attorney's fees and any and all other costs or fees incid: t to the per fur mance of Ure resulting agreement and arising out of a willful or negligent act or omission of the Vendor, its officers, agents, servants and employees. 15. INSURANCE: The Vendor shall procure and maintain at its sole cost and expense for the durati n of the contract or purchase order resulting from a response to this bid/Specification insurance against claims for injuries to persons or damages to property which may arise from or in connectin with the performance of the work as a result of this bid by the successful bidder, its agents, representatives, volunteers, employees or subcontractors. Page 3 of 10 JUN -20-2005 13 36 5122183242 98% P.04 06/20/2005 13:29 5122183242 TRANSPORTATION SVC PAGE 05 SPECIIFICATION NO 01-890-40-03 REVISED: MAR 2005 15.1. Certificates of Insurance and endorsement shall be furnished to the City and approved b the City before work commences. 15.2. The following standard insurance policies shall be required: 15.2.1. General Liability Policy 15.2.2. Automobile Liability Policy 15.2.3. worker's Compensation Policy 15.3. The following general requirements are applicable to all policies: 15.3.1. Only insurance companies licensed and admitted to do business in the State of Texas shall be accepted. 15.3.2. Deductibles shall be listed on the Certificate of Insurance and are acceptable onl on a per occurrence basis for property damage only. 15.3.3. Claims made policies shall not be accepted, except fur PIufessiottal Liability Insurance. 15.3.4. Upon request, certified copies of all insurance policies shall be furnished to the C 15.3.5. Policies shall include, but not be limited to, the following minimum limits: 15.3.5.1. Minimum Bodily Injury Limits of $300,000.00 per occurrence. 15.3.5.1.1. Property Damage Insurance with minimum limits of 550,000.00 for each occurrence. 15.3.5.1.2. Automobile Liability Insurance for all owned, non -owned, a d hired vehicles with minimum limits for Bodily Injury of $100,000.00 each person, and $300,000.00 for each occurrence, and Property Damage Minimum limits of 550,000.00 for each occurrence. 15.3.5.1.3. Statutory Worker's Compensation Insurance and minimu 5100,000.00 Employers LiabllltyInsurance. 15.3.6. Coverage shall be maintained for two years minimum after the termination of the Contract. 15.4. The City shall be entitled, upon request. and without expense to receive copies of Insurance policies and all endorsements thereto and may make reasonable request fo deletion,revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding either of the parties hereto or the underwriter of any of such policies). Upon such requ st by the City, the Vendor shall exercise reasonable efforts to accomplish such changes i policy coverage and shall pay the cost thereof. All insurance and bonds shall meet the requirements of the bid specification and the insurance endorsements stated below. 15.5. Vendor agrees that with respect to the required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, on the certificate or Its attachment, the following provisions: 15.5.1. Provide for an additional Insurance endorsement clause declaring the Vendor' insurance as primary. 15.5.2. Name the City and its officers, employees, and elected officials az additional insured's, (as the Interest of each insured may appear) as to all applicable coverage. 15.5.3. Provide thirty days notice to the City of cancellation, non -renewal, or material changes Page 4 of 10 JUN -20-2005 13:36 5122183242 98% P.05 06/20/2005 13:29 5122183242 TRANSPORTATION SVC PAGE 06 SPECIIFICATION N 01-890-40-03 REVISED: MAR 200 15.5.4. Remove all language on the certificate of insurance indicating: 15.5.4.1. That the insurance company or agent/broker shall endeavor to no the City; and, 15.5.4.2. Failure to do so shall impose no obligation of liability of any kind ua •n the company, its agents, or representatives. 15.5.5. Provide for notice to the City at the addresses listed below by registered mail: 15.5.5.1. Vendor agrees to waive subrogation against the City, its officers, employees, and elected officials for injuries, including death, prop damage, or any other loss to the extent same may be covered by t e proceeds of insurance. 15.5.6. Provide that alt provisions of this contract concerning liability, duty, and standar of care together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. 15.5.7. All copies of the Certificate of Insurance shall reference the project name, bid number or purchase order number for which the insurance is being supplied. 15.5.8. Vendor shall notify the City in the event of any change in coverage and shall gi e such notices not less than thirty days prior notice to the change, which notice shall be accomplished by a replacement Certificate of Insurance. 15.5.9. AH notices shall be mailed to the City at the following addresses: Assistant City Manager City Attorney City of Round Rock City of Round Rock 221 East Main Street 309 East Main Street Round Rock, TX 786645299 Round Rock, TX 78664 15.6. Approval, disapproval, or failure to act by the City regarding any insurance supplied by he Vendor shall not relieve the Vendor of full responsibility or liability for damages and accidents as set forth in the these requirements. Neither shall bankruptcy, insolvency, , r denial of liability by the Insurance company relieve the Vendor from liability. 15.7. If the Vendor employs, contracts with or otherwise permits any other individual or entity o perform any of the obligations of the Vendor. then any and all of these individual or enti les shall be bound by the same insurance requirements as the successful bidder, 16. WORKERS COMPENSATION INSURANCE: Texas Labor Code, Section 406.098 requires work s° compensation insurance coverage for all persons providing services on building or construction projects for a governmental entity. 16.1. Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the Texas Workers' Compensation Commission, or a coverage agreement (TWCC-81. TWCC-82. TWCC-83. or TWCC-84). showing statuto workers' compensation insurance coverage for the person's or entitys employees providi services on a project, for the duration of the project. 16.2. Duration of the proiect - includes the time from the beginning of the work on the project u til the CONTRACTOR'S /person's work on the project has been completed and accepted b the OWNER. 16.3. Persons providing services on the proiect rsubcontractor") in Section 406.096 - includes :II persons or entities performing all or part of the services the CONTRACTOR has underta en to perform on the project, regardless of whether that person contracted directly with the CONTRACTOR and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity, whic furnishes persons to provide services on the project. 'Services" Include, without limitatio providing, hauling, or delivering equipment or materials, or providing labor, transportation or JUN -20-2005 13:37 Page 5 of 10 5122183242 98% P.06 06/20/2005 13:29 5122183242 TRANSPORTATION SVC PAGE 07 SI'tCllt-ICAT1ON N 01-890.40-03 REVISED: MAR 2005 other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 16.4. The CONTRACTOR shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statuto requirements of Texas Labor Code, Section 401.011(44) for all employee.. of the CONTRACTOR providing services on the project, for the duraliuri of the project 16.5. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being awarded the contract. 16.6. If the coverage period shown on the CONTRACTOR'S current certificate of coverage end• during the duration of the project, the CONTRACTOR must, prior to the end of the cove period, file a new certificate of coverage with the OWNER showing that coverage has be extended. 16.7. The CONTRACTOR shall obtain from each person providing services on a project, and provide to the OWNER: 16.7.1. a certificate of coverage, prior to that person beginning work on the project, so th OWNER will have on file certificates of coverage showing coverage for all perso providing services on the project: and 16.7.2. no later than seven calendar days after receipt by the CONTRACTOR, a new certificate of coverage showing extension of coverage, if the coverage period sh on the current certificate of coverage ends during the duration of tho project. 16.8. The CONTRACTOR shall retain all required certificates of coverage for the duration of th project and for one year thereafter. 16.9. The CONTRACTOR shall notify the OWNER in writing by certified mail or personal delive within 10 calendar days after the CONTRACTOR knew or should have known, or any change that materially affects the provision of coverage of any person providing services n the project. 16.10. The CONTRACTOR shall post on each project site a notice, in the text, form and manne prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 16.11. The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a project, to: 16.11.1. provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all its employees providing services on the project, for the duration of the project; 16.11.2. provide to the CONTRACTOR, prior to that person beginning work on the projec a certificate of coverage showing that coverage is being provided for all employees of the person providing services on a project, for the duration of the project; 16.11.3. provide the CONTRACTOR, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage. if the coverage period sh. n on the current certificate of coverage ends during the duration of the project; 16.11.4, obtain from each other person with whom it contracts, and provide to the CONTRACTOR . 16.11.4.1. a certificate of coverage, prior to the other person beginning work 0 the project; and 16.11.4.2. a new certificate or coverage showing extension of coverage, prior t the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the projec Page 6 of 10 JUN -20-2005 13:37 5122183242 98% P.07 06/20/2005 13:29 5122183242 TRANSPORTATION SVC PAGE 08 SPECIIFICATION N 01-890-40-03 REVISED: MAR 200 16.11.5. retain all required certificates of coverage on file for the duration of the project an for one year thereafter; 16.11.6,notify the OWNER In writing by certified mail or personal delivery, within 10 eaten.ar days after the person knew or should have known, of any change that materially affects She provision of coverage of any person providing services on the project; and 16.11.7.contractually require each person with whom it contracts, to perform as require by paragraphs (A thru G), with the certificates of coverage to be provided to th person for whom they are providing services. 16.11.8. By signing the solicitation associated with this specification, or providing, or causi g to be provided a certificate of coverage, the Contractor is representing to the Ow er U gat all employees of the Contractor who will provide services on the project will b covered by workers' compensation coverage for the duration of the protect, that e coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the Commission's Division Self-Insurenee Regulation. Providing fele° or misleading information may subjec the Contractor to administrative penalties, criminal penalties, civil penalties, or oth r civil actions. 16.11.9. Tho Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor that entities the Owner to declare the contract void if th Contractor does not remedy the breach within ten calendar days after receipt of notice of breach from the owner. 17. LIENS: Vendor agrees to and shall indemnify and save harmless the City against any and all Ii: s end encumbrances fur all labor, goods and services which may be provided under the resulting agreement At the City's request the Vendor or subcontractors shall provide a proper release of • all Hens or satisfactory evidence of freedom from liens shall be delivered to the City. 18. VENUE: Both the City and the Vendor agree that venue for any litigation arising from a resultin agreement shall reside with Williamson County, Texas, governing law. 19. INDEPENDENT CONTRACTOR: It is understood and agreed that the Contractor shall not be considered an employee of the City. The Contractor shall not be within protection or coverage o the City's Worker' Compensation insurance, Health Insurance, Liability insurance or any other insurance that the City from time to time may have in force and effect. 20. AGREEMENT: The term of this Agreement snail be for a twelve-month period of time from the date of award. Prices shall be firm for the duration of the Agreement, except as provided for herein. This contract may be renewed for four additional periods of time not to exceed twelve months for each renewal provided both parties agree. 21. VENDOR PERFORMANCE: The City reserves the right to review the Vendor's performance at the end of each twelve month contract period and to cancel'alt or part of the Agreement (without penalty) or continue the contract through the next period. 22. ORDER UANTn Y: The quantities shown on the IFB are estimates only. No guarantee of any minimum or maximum purchase is made or implied. The City will only order the quantity of:good and or services needed to satisfy operating requirements, which may be more or less than indicated. 23. PRICE ADJUSTMENT: The City may permit "unit price" adjustments upward, only as a result of cost increase in goods or services in accordance with the Producers Price Index. Any price Increase shall be requested by the Vendor in writing and accompanied with the appropriate documentation to justify the increase. The vendor may offer price decreases in exce3s of the allowable percentage change. . JUN -20-2005 13:38 Page 7 of 10 5122183242 98% P. 08 06/26/2005 13:29 5122183242 TRANSPORTATION SVC PAGE 09 SPECIIFICATION N 01-890-40-03 REVISED: MAR 2005 24. CONTRACT ADMINISTRATOR: All work performed under this contract will be supervised and verified by the City representative(s) noted below. David Putts with the City's Waterline Maintenance at (512) 218-5570. 25. NON -APPROPRIATION: The resulting Agreement is a commitment of the City's current revenu s 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 o purchase the estimated yearly quantities, as determined by the City's budget for the fiscal year i question. The City may effect such termination by giving Vendor a written notice of termination . t the end of its then curl era fiscal year. 26. CANCELLATION: The City reserves the right to cancel the Agreement without penalty by providing 30 days prior written notice to the other party. Vendor shall provide the City with 120 days written notice prior to cancellation of the Agreement and shall continue services for a perio of time not to exceed 120 days after written notification. Termination under this paragraph shall not relieve the Vendor of any obligation or liabilitythat has occurred prior to cancellation. NOT This Agreement is subject to cancellation, without penalty, at any time the City deems th vendor to be non-compliant with contractual obligations. PART III SPECIFICATIONS 1. SCOPE: This specification describes water meter boxes in five sizes to be used by water line maintenance. Unit(s) fumished to these specifications shall meet or exceed all requirements herein. 2. INTENTED USE: Single wall water meter boxes shall be used to house and protect various siz remote read water meters from damage due to, but not limited to ground collapse or traffic throughout tho City's water supply system. Specifications cover only the general requirements to the performance and design criteria of the water meter box, as well as certain details to whic the successful bidder shall conform. Bidders shall be responsible for furnishing equipment that meets or exceeds all of the requirements as set forth herein, as well as provide equipment that s designed for the intended application. 3, APPROVED PRODUCTS LIST: The water meter boxes listed have been pre -approved for compatibility and durability. Bidders wishing to bid make and model of water meter boxes not listed shall call City Rcprcocntotivo, David Fuits at (512) 218-5570 to arrange for evaluation. Evaluations will take approximately seven working days. Please submit water meter boxes for evaluation before or ten days before the bid opening date. Any evaluation request received for water meter boxes after the bid opening will not be considered for award. EXAMPLES: Site A Meter Box with Lid Use with single service for 518,'/., & 1 -inch meters. Model No. DFW 36C-SBSM Size C Meter Box with Lid Use with dual service for 5/8, %, & 1 -inch meters. Model No. DFW 38C-14-KSBSM, size E Meter Box with LId Use with single service for 5/8, %" and 1 -inch meters Model No. DFW65C-12-BDCIR JUN -20-2005 13 38 Page 8 of 10 Size B Meter Box with Lid Use with single service for 5/8, %, & 1 -inch meters Model No. DFW 37C-SBSM Size D Meter Box with Lid Use with single service for 1-1/2 and inch meters Model No. DFW 1730-12-BDSM 5122183242 97% P.09 06/20/2005 13:29 5122183242 4. NOTICE TO BIDDER: Bidders are cautioned to read the specifications carefully. as there may .e special requirements not commonly offered by the equipment manufacturer. Any unit delivered the FOB point. which does not meet this specification in every aspect, will not be accepted. TRANSPORTATION SVC PAGE 10 SPECIIFICATION N 01-890-40-03 I- EVISED: MAR 200 5. FUNCTIONAL REQUIREMENTS: 1 ne water meter box(es) shall: 5.1. Be equipped with an all-purpose flange around the top perimeter to allow the box to be installed in concrete, asphalt or other permanent material. 5.2. Have a crush resistant ribbing along the outside of the box and an earth retaining ring t help prevent sinking or floating when installed In native soil_ 5.3. Be engineered to withstand constricting ground pressures and withstand 20,000 pound vertical crush load. 5.4. Be lightweight to enable one person to quickly and efficiently install the boxes. 5.5. Be equipped with a skid resistant, plastic lid that securely and evenly sets inside the bo and shall not overlap the top edge of the box. 5.6. Have a minimum four -inch high pipe slot curt out(s). 6. DIMENSIONS: The water meter box(es) shall be rectangular in shape with the o following owing dimensions: NOTE: The size of water meter box will be identified on the Invitation For Bid (IFB). SIZE B -Meter Box Top -12"(IX 14-3/4"WX21"L Base - 11-5/16" W X 18-1/8"L Opening - 11 " W X 18" L SIZE D — Meter Box Top- 12 "HX 17" W X 30" L Base — 21" W X 34"L Opening — 163/4 " W X 29-3/4" L SIZE A— Meter Box Tnp - 12-1/4 "H X 12-3/4" W X 19" L Base -10"WX18-114"L Opening - 10 " W X 15" L SIZE C — Meter Box Top -14-1/4 "H X 21-1/4" W X 22" L Baso — 17-1/4" W X 18"L Opening - 17 " W X 18" L SIZE E — Meter Box Top - 12-1/4 "H X 12-3/4" W X 19"L Base - 10" W X 18-1/4"L Opening -10-WX15"L 7. PROPERTIES: The box shall be molded out of modified polyethylene material with the following ASTM specifications: PROPERTIES Tensile strength Q Yield Ultimate Elongation (%) Density Flexural Modulus Deflection Temperature Melt Index (dg/min.) UV Stabilizer ASTM TEST METHOD D638 D638 01505 MINIMUM TEST VALUE 2300 psi 765 D790 D648 D1238 Cond. E Yes 0.032 73,000 psi 88c @_66 psi 5.0 8. MANUALS: One set Of manuals and documentation shall be supplied with each unit purchased and shall provide complete and comprehensive information on all equipment, equipment components and accessories, as supplied to comply with this specification. JUN -20-2005 13:38 Pagc 0 of 10 5122183242 98% P.10 06/20/2005 13:29 5122183242 TRANSPORTATION SVC 5. OVERCHARGES: Vendor hereby assigns to purchaser any and all claims for overcharges associated with this agreement which arise under the antitrust laws of the Untied States, 15 US Section 1 et seq., and which arise under the antitrust laws of the State of Texas, Bus. and Com. Code, Section 15.01, et set. PAGE 11 SPECIIFICATION N 01-890-40-03 REVISED: MAR 200 9. WARRANTY: The unit shall be warranted against defects in material and workmanship for a period of not less than 12 months beginning with the date of acceptance. If the manufacturer's standard warranty exceeds 12 months, then the manufacturer's standard warranty shall be in effect. The successful bidder shall furnish a copy of the manufacturer's warranty at time of delivery. PART IV DELIVERY, ACCEPTANCE AND PAYMENT 1. DELIVERY: The vendor agrees riot to ship any materials until instructed to by the City. Delivery will be requested verbally or in writing and with the issuance of a purchase order. Unless noted n the solicitation, all shipments shall be FOB Destination our dock and received between the hour of 8:O0AM and 4:00PM, Monday through Friday, within three working days after request of the order from the City. 2. ACCEPTANCE: Acceptance inspection and performance testing will not takes more than ten (10 working days, weather permitting. The vendor will be notified within thls time frame if any unit delivered is not in full compliance with the specifications. If any units are canceled for non- acceptance, the needed equipment may be purchased elsewhere end the vendor may be chary -d full increase, if any, in cost and handling. 3. INVOICING: Vendor shall submit one nriginal and one copy of each invoice on a monthly basic. o the following address: City of Round Rock Finance Department 221 East Main Street Round Rock, TX78664.5299 4. PROMPT PAYMENT POLICY: Payments will be made within thirty days after the city receives t e 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 th- which is permitted by Texas law) for payments not made in accordance with this prompt payrnen policy, however, this policy does not apply to payments made by the City in the event: 4.1. There Is a bona fide dispute between the City and Vendor concerning the supplies, materials, services or equipment delivered or the services performed that causes the payment to be late; or 4.2. The terms of a federal agreement, grant, regulation, or statute prevent the City from making a timely payment with Federal Funds; or 4.3.. There is a bona flde 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 Tate; or 4.4. The invoice is not mailed to the City in strict accordance with instructions, if any, on the purchase order or agreement or other such contractual agreement. JUN -20-2005 13:39 Page 10 of 10 5122183242 98% P.11 LU ; 7 0 / 00j » . > \ 0LU j , 01 0 co $ 45,055.00 te DFW36CSBSM LO Csr CV 69 } 0 \� }0oce r w )69 DFW173012BDSM oo \ 69 6.9 DFW65C12BDCIRSM 65C12BDCIRSM 0 (0 65 csi LO LO 0.1 LO 35 07 vi o 0 6 0LOtri 69 (0 69 / (9 ( §0 : st° // /}`/} \)2(0 7 j\ (NI csj }d/ /\ WZ- /))� kLIJ < ZOw 222\ 00 69 0.1 69 0 / «) 03 CO 0 0? \ 69 to tri / CO\ 69 to DFW173012BDS DFW 173012BDSM 69 tO 69 DFW65C12BDCIRS DFW65C12BDCIRSM co CC E ,`\ \ \ \ \ DATE: June 16, 2005 SUBJECT: City Council Meeting - June 23, 2005 ITEM: *14.A.1. Consider a resolution authorizing the Mayor to execute an Agreement for the Purchase of Water Meter Boxes with MS Techline Pipe, L.L.P. Department: Water and Wastewater Utilities Staff Person: Tom Clark, Director of Utilities Justification: On April 26, 2005, five bids for water meter boxes were received and opened. MS Techline LLP had the lowest bid and is recommended. Funding: Cost: $37,650.20 Source of funds: Utility Operating Budget Outside Resources: MS Techline Pipe, LLP Background Information: The purpose of entering into this agreement is to contract with a qualified bidder to provide various size water meter boxes and matching lids. It is the intent of the City to establish a multiple year contract with a responsible bidder to supply single-wall water meter boxes to be used to house various size remote read water meters throughout the City's water supply system. Public Comment: N/A CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF WATER METER BOXES FROM MS TECHLINE PIPE, LLP THE STATE OF TEXAS § CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENT: COUNTY OF WILLIAMSON § COUNTY OF TRAVIS § That this Agreement to provide Water Meter Boxes, (referred to herein as the "Agreement") is made and entered into on this the, 2005, by and between the CITY OF ROUND ROCK, TEXAS, a o e -ruse m iic pality whose offices are located at 221 East Main Street, Round Rock, Texas 78664 (referred to herein as the "City"), and MS Techline Pipe, LLS, whose offices are located at 9609 Beck Circle, Austin, Texas 78758 (referred to herein as the "Vendor"). This Agreement supersedes and replaces any previous agreement between the named parties, whether oral or written, and whether or not established by custom and practice. and RECITALS: WHEREAS, City desires to purchase the provision of Water Meter Boxes from Vendor; WHEREAS, City has issued its Solicitation for the provision of said services, and City has selected the Response to Solicitation 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 or services and Vendor is obligated to sell specified goods or services. 00085732/jkg D6 -06-.23-14A1 B. City means the City of Round Rock, Williamson and Travis Counties, Texas. C. Effective Date means the date upon which the binding signatures of both parties to this Agreement are affixed. D. Force Majeure means acts of God, strikes, lockouts, or other industrial disturbances, acts of the public enemy, orders of any kind from the government of the United States or the State of Texas or any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, restraint of the government and the people, civil disturbances, explosions, or other causes not reasonably within the control of the party claiming such inability. E. Goods mean the specified supplies, materials, or equipment. F. Services means work performed to meet a demand. The furnishing of labor, time, or effort by the vendor, involving the delivery of any specific end product. 2.01 EFFECTIVE DATE, DURATION, AND TERM A. This Agreement shall be effective on the date it has been signed by both parties hereto, and shall remain in full force and effect unless and until it expires by operation of the term stated herein, or until terminated or extended as provided herein. B. The term of this Agreement shall be for five (5) consecutive twelve (12) month periods of time from the effective date. Prices shall be firm for the duration of the agreement, except as provided for herein above. This agreement may be renewed for two (2) additional periods of time not to exceed twelve (12) months for each renewal provided the parties agree. The City reserves the right to review the Vendor's performance at the end of each twelve (12) month period of time, and to cancel the contract (without penalty) or continue the contract through the next period. C. City reserves the right to review Vendor's performance at any time during the initial agreement or renewal period, 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 or services as outlined in Exhibit "A" attached hereto and made a part hereof for all purposes. The intent of these documents is to formulate an Agreement listing the responsibilities of both parties as outlined in the Solicitation and as offered by Vendor in its Response to the Solicitation. The Agreement includes the following in Exhibit "A": 2 A. City's Solicitation designated as IFB No. 05-022 Water Meter Boxes, B. Specification Number 01-890-40-03, revised: March 2005 C. Vendor's Response to Solicitation; 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) (3) This Agreement; Bidder's Response to Solicitation; City's Solicitation, exhibits, and attachments. 4.01 ITEMS AWARDED The goods or 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 as fully a part of this Agreement as if recited herein in full. 5.01 COSTS The bid costs listed in Exhibit "A" shall be the basis of any charges collected by Vendor. Agreement prices shall be original price, terms and conditions plus any approved changes. 6.01 PRICE ADJUSTMENT The City may permit "unit price" adjustments upward, only as a result of a cost increase in services in accordance with the Producers Price Index at http://stats.bls.gov/ppt/. Any price increase to this contract shall be requested by Vendor in writing and shall be accompanied by the appropriate documentation to justify the increase, and shall be received by City at least ninety (90) days prior to the agreement review date. Vendor may offer price decreases, even in excess of the allowable percentage change, at any time during the contract term. The City reserves the sole opinion to reject any price increase and terminate this contract should the City and the Vendor not agree on any price increase. 7.01 INVOICES All invoices shall include, at a minimum, the following information: A. Name and address of Vendor; B. Purchase Order Number; C. Description and quantity of items or services received; and D. Delivery dates. 3 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 goods or services as determined by City's budget for the fiscal year in question. City may effect such termination by giving Vendor a written notice of termination at the end of its then current fiscal year. 9.01 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Vendor 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. Vendor may charge a late fee of one percent (1%) for payments not made in accordance with this Prompt Payment Policy; however, this Policy does not apply to payments made by City in the event: A. There is a bona fide dispute between City and Vendor concerning the supplies, materials, or equipment delivered or the services performed which causes the payment to be late; or B. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or C. There is a bona fide dispute between any of the parties and subcontractors or between a subcontractor and its suppliers concerning supplies, materials, or equipment delivered or the services performed which 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 Vendor, cancel this Agreement without liability to Vendor if it is determined by City that gratuities or bribes in the form of entertainment, gifts, or otherwise were offered or given by Vendor or its agents or representatives to any City officer, employee or elected representative with respect to the performance of this Agreement. In addition, Vendor may be subject to penalties stated in Title 8 of the Texas Penal Code. 11.01 TAXES City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be included in Vendor's charges. 4 12.01 ORDERS PLACED WITH ALTERNATE VENDORS If Vendor cannot provide the goods as specified, City reserves the right and option to obtain the products from another supplier or suppliers. 13.01 INSURANCE Vendor shall meet all requirements as stated in the attached Solicitation and its Response to Solicitation. 14.01 CITY'S REPRESENTATIVE City hereby designates the following representative authorized to act in its behalf with regard to this Agreement: David Fults Waterline Maintenance Department 910 Luther Peterson Place Round Rock, Texas 78664 1-512-218-5570 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 or services 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 goods or service and that it may not be considered in future bids for the same type goods. or service 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. 5 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) day's written notice to Vendor. B. In the event of any default by Vendor, City has the right to terminate this Agreement for cause, upon ten (10) days' written notice to Vendor. C. Vendor has the right to terminate this Agreement only for cause, that being in the event of a material and substantial breach by City, or by mutual agreement to terminate evidenced in writing by and between the parties. D. In the event City terminates under subsections (A) or (B) of this section, the following shall apply: Upon City's delivery of the referenced notice to Vendor, Vendor shall discontinue all services in connection with the performance of this Agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such orders and contracts are chargeable to this Agreement. Within thirty (30) day's 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 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 6 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 B. Three (3) days after being deposited in the United States mail, with postage prepaid to recipient's address as stated in this Agreement. Notice to Vendor: MS Techline Pipe, LLP 9609 Beck Circle Austin, Texas 78758 Notice to City: David Kautz Assistant City Manager and Chief Financial Officer 221 East Main Street Round Rock, TX 78664 AND TO: 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 Vendor. 22.01 APPLICABLE LAW; ENFORCEMENT AND VENUE This Agreement shall be enforceable in Round Rock, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for it 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. 7 24.01 DISPUTE RESOLUTION If a dispute or claim arises under this Agreement, the parties agree to first try to resolve the dispute or claim by appropriate internal means, including referral to each party's senior management. If the parties cannot reach a mutually satisfactory resolution, then and in that event any such dispute or claim may be sought to be resolved with the help of a mutually selected mediator. If the parties cannot agree on a mediator, City and Vendor shall each select a mediator and the two mediators shall agree upon a third mediator. Any costs and fees, other than attorney fees, associated with the mediation shall be shared equally by the parties. City and Vendor hereby expressly agree that no claims or disputes between the parties arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9 USC Section 1-14) or any applicable state arbitration statute. 25.01 SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any 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 to this Agreement, be determined void. 26.01 MISCELLANEOUS PROVISIONS A. Standard of Care. Vendor represents that it employs trained, experienced and competent persons to perform all of the services, responsibilities and duties specified herein, and that such services, responsibilities and duties shall be performed in a manner according to generally accepted industry practices. B. Time is of the Essence. Vendor understands and agrees that time is of the essence and that any failure of Vendor to fulfill obligations for each portion of this Agreement within the agreed timeframes will constitute a material breach of this Agreement. Vendor shall be fully responsible for its delays or for failures to use best efforts in accordance with the terms of this Agreement. Where damage is caused to City due to Vendor's failure to perform in these circumstances, City may pursue any remedy available without waiver of any of City's additional legal rights or remedies. C. Force Majeure. Neither City nor Vendor shall be deemed in violation of this Agreement if it is prevented from performing any of its obligations hereunder by reasons for which it is not responsible as defined herein. However, notice of such 8 impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. D. 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 THEREOF, City and Vendor have executed this Agreement on the dates indicated. CITY OF ' O D ROC By: r-- Pri edam e: Ny,(.E m 4i 6U Title: %)i} yo Date Signed: -a cf3 - ©j MS TECHLINE PIPE, LLP By: Printed Name: /fees 141.:t A'4_0( Title: _TA s, r% S5, /eS Date Signed: Sy..? o ATTEST: Christine R. Martinez, City Secretary APPRO"E'i ASTTOF Stephan L Sheets, City Attorney 9 EXHIBIT "A" 10 BIDS ARE DUE TO THE PURCHASING OFFICE AT THE ABOVE ADDRESS BEFORE 81D OPENING TIME. INVOICE TO: City of Round Rock Accounts Payable 221 East Main Street Round Rock, Texas 78664 BID F.O.B. DESTINATION UNLESS OTHERWISE SPECIFIED BELOW DESTINATION: City of Round Rock Water Line Maintenance 910 Luther Peterson Round Rock, Texas 78664 INVITATION FOR 81D (IFB) CITY OF ROUND ROCK PURCHASING OFFICE 221 E. Main Street Round Rock, Texas 78664.5299 FACSIMILE RESPONSES SHALL NOT BE ACCEPTED WATER METER BOXES 4/7/2005 1 011 BIDDING INFORMATION: BID NUMBER 05-022 RE -BID OPENING DATE: 4/26/2005 TIME; 3:OOPM BID LOCATION: 221 East Main Street, Council Chambers, Round Rock TX 78664 RETURN SIGNED ORIGINAL AND ONE COPY OF BID SHOW BID OPENING DATE & BID BIDDER SHALL SIGN BELOW NUMBER IN LOWER LEFT HAND CORNER OF SEALED BID ENVELOPE & Failure to sign bid will disqualify bid SHOW RETURN ADDRESS of BIDDING FIRM. • Authorized Signature &1S G19• sites✓ SEE 1.7 ON BACK FOR INSTRUCTIONS: .; .,.<.,:....::..::...:::.,, :.,.<t .,,.;,:: „<:.a, .�:.: TAX ID NO.: 2 003.28',779 ITEM 9 CLASS & ITEM DESCRIPTION 890-44 CITY LEGAL BUSINESS NAME: /V/5 7, X /, F /' el P MAKE & MODEL UNIT COST EXTENSION ADDRESS: q4 O 9 ge_c .L' c".•s-e le f f Si74 TX 7 17 3-8 ADDRESS: V0• 23 5-4.32 . 2 CONTACT: ,4' 's (.,•)/ 7S74ec l/ SIZE B METER BOXES 50 EA TELEPHONE NO.: 572- 4 /s - 4P// 9 o' 07-- BUSINESS ENTITY TYPE: kJ".ee / .i,rj Gia _. / Pra "By the signature hereon affixed, the bidder hereby certifies that neither the bidder nor the entity represented by the bidder, or anyone acting for such entity has violated the antitrust laws of this State, codified in Section 15.01 et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly, the bid made to any competitor or any other person engaged in such line of business." Bidder agrees to comply with all conditions set forth below and on the reverse side of this IFB. Best Bid: All bids received shall be evaluated based on the best value for the City, which will be determined by considering all or part of the following critera: Bid Price. Reputation of Bidder and the Extent to which the goods or services meet the City's needs and Bidder's past relationship with the City. This is for a multiple year agreement for water meter boxes in accordance with specificaiton No. 01-890-40-03, revised 3-2005 (10pgs) The quantitites shown are estimates for a twelve month period only. No guarantee of any miniumum or maximum purchase is made or implied. The city will only order the amount needed to satisy operating requirements. REFERENCES Company's Name r. Y oy gurnef Name of Contact Bu V / Nowt qqy Present Address /c7 / Ratr04a.Ka...- City, State, Zip Code 8c4 , rx 73 (e 1/ Telephone Number 512 7.54 64 x 572 75 Le 2c1-2 Company's Name Name of Contact Present Address Cr -4, o i ALAzIsixt. 6044. '-'Ai lar tis Prrcz 2G eo e-A)eloiaer-u'(le City, State, Zip Code /TU GAIL, TX l5? D? Telephone Number '172 0 31 0 Fax 4-7q 23 S Company's Name Name of Contact Present Address City, State, Zip Code sura vise Re aC 4 TX 7aSiffity, State, Zip Code LC 2(4 Deele1 5 SMi ?oS Cfvcte A', Company's Name Name of Contact Present Address Telephone Number -5-"q Lp lff irax 456-71g. 319 0 �r�IS� etnd MuD 1 -Vert 4 Tit r EL' - Po r Po ex "74 1rt�L5s and TX -766, Telephone Number 3Zc 38g CE$Sefax $26 38% Soo; FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE B D RESPONSE SHALL AUTOMATICALLY DISQUALIFY THE BID FROM CONSIDERATION FOR AWARD IN CONNECTION WITH THIS SOLICITATI N Ap? sits ikeatiin :.:tkEahit:: :::. Gl::ia .. �ti?ik€�kk:if?�biftstkllZ,r`�kit�•:tk�nttl�aD.:tktt'r::. .; .,.<.,:....::..::...:::.,, :.,.<t .,,.;,:: „<:.a, .�:.: •<::: <.,s ::::.::, <:: :;, ..:..: . yy :, .,�... �.,: �<.::h.' ITEM 9 CLASS & ITEM DESCRIPTION 890-44 CITY UNIT MAKE & MODEL UNIT COST EXTENSION 1 SIZE A METER BOXES 140 EA D`) 34Qi C V0• 23 5-4.32 . 2 2 SIZE B METER BOXES 50 EA � S172 W 5.86.0 e as sash 3 SIZE C METER BOXES 250 EA G w .x/.72 78 ,,g /9, 53 Z. S tQ,. 4 SIZE D METER BOXES 50 EA AFr.) /1,70 /00.21 57:104 SC /2-5,6cm _F�,J li SC 5 SIZE E METER BOXES 50 EA . /7-pd[zp y7.7Lo yS86. 00 GRAND TOTAL 37 G 57, • DELIVERY IN 3 DAYS /.Cc. f (..CAC -1 /A 0 Zc) 06/20/2005 13:29 5122183242 TRANSPORTATION SVC CITY OF ROUND ROCK WATER METER BOXES PART I GENERAL PAUE 02 SPECIFICATION NO 01-890-40-03 REVISED: MAR 2005 �. PURPOSE: The City seeks to contract with a qualified bidder to provide various size water mei r boxes and matching lids. Water meter boxes and lids shall be compatible with remote read meters. 2. INTENT: 1t is the Intent of the City to establish a multiple year contract with a responsible bidde to supply single wall water meter boxes to be used to house various size remote read water meters throughout the City's •water supply system. 3. DEFINITIONS: The following definitions will be used for identified terms throughout the specification and bid document 3.1. Bidder identified throughout this specification shall describe persons and entities that consider themselves qualified to provide the goods, equipment yr services. 3.2. City — Identifies the City of Round Rock, Travis and Williamson County, Texas. 3.3. Agreement —A mutually binding legal document obligating the Vendor to furnish the goods, equipment or services, and obligating the City to pay for it. 3.4. .Vendor - (Sometimes referred to as Contractor) A person or business enterprise prove m rng goods, equipment, labor and/or services to the City as fulfillment of obligations arising from a contract or purchase order. 1.5.. Goods represent materials, supplies, commodities and.equipment. 3.6. Purchase Order - Is an order placed by the Purchasing Office for the purchase of Good or Services written on the City's standard Purchase Order form and which. when accepted by the Bidder, becomes a contract. The Purchase Order is the Bidder's auth • ity to deliver and invoice the City for Goods or Services specked, and the City's commitm nt to accept the Goods or Services for an agreed upon price. 3.7_ Services - work performed to meet a demand. The furnishing of labor. time, or effort b the vendor and their ability to comply with promised delivery dates. specification and technical assistance specified 3.8. Subcontractor -Any person or business enterprise providing goods, labor, and/or servi es to a Vendor if such goods, equipment, labor, and/or services are procured or used in fulfillment of the Vendor's obligations arising from a contract with the City. 4 CLARIFICATION: For clarification of specifications, bidders may contact: Carolyn Brooks Purchaser City of Round Rock Telephone: 512-218-5457 The individual listed above may be contacted by telephone or vieited for clarification of the specifications only. No authority is intended or implied that specifications may be amended or alterations accepted prior to bid opening without written approval of the City of Round Rock throu . h the Purchasing Division., JUN -20-2005 13:35 Page 1 of 10 5122183242 97% P.02 06/20/2005 13:29 5122183242 IKANSPUKIAIIUN SVC SPECIIFICATION NO 01-890-40-03 REVISED: MAR 2005 PART 11 GENERAL CLAUSES AND CONDITIONS 1. The equipment furnished under this specification shall be the latest improved model in current production. as offered to commercial trade, and shall he of quality workmanship and material. The bidder represents that all equipment offered under this specification shall be new. USED, SHOPWORN, DEMONSTRATOR, PROTOTYPE OR DISCONTINUED MODELS ARE NOT ACCEPTADLC. 2_ Bidder should submit with the bid the latest printed literature and detailed specification on equipment the bidder proposed to furnish. This literature is for evaluation purposes. 3. The unit shall be completely assembled and adjusted. AR equipment including standard and supplemental equipment shall be installed and the unit made ready for continuous operation. 4. Ali parts not specifically mentioned, which are necessary for the unit to be complete and ready f operation or which are normally furnished as standard equipment shall be fumished by the vend All parts shall conform in strength, quality and workmanship to the accepted standards of the industry_ 5. The unit provided shall meet or exceed ail federal and state of Texas safety, health, lighting and noise regulations and standards in effect and applicable to equipment furnished at the time of manufacture. 6. The City of Round Rock is committed to procuring quality goods and equipment. We encourag manufacturers to adopt the International Organization for Standardization (ISO) 9001.9003 standards, technically equivalent to the American National Standards Institute/American Society for Quality Control (ANSI/ASQC Q91-93 1987), and obtain certification. Adopting and implementing these standards is considered beneficial to the manufacturer, the City, and the environment. It is the City's position that the total quality management concepts contained withi these standards can result in reduced production costs, higher quality products, and more effici nt use of energy and natural resources. Manufacturers should note that future revisions to this specification may require ISO certification. 7. The City reserves the right to inspect the facilities and organization before recommending any award; or to take any other action necessary to detemtine a prospective vendor's ability to perform. The city may reject bids where evidence submitted or investigation and evaluation indicates an Inability of the bidder to perform. 8. BID EVALUATION: All bids received shall be evaluated based on the best value for the City. Be t value will be determined by considering all or part of the criteria listed, as well as any relevant criteria specifically listed in the solicitation. 8.i. Bid price 8.2. Reputation of the bidder and of bidder's goods and services. 8.3_ The quality of the bidder's goods or services. 8.4. The extent to which the goods or services meet the City's needs 8.5. Bidders past relationship with the City. Ail vendors will be evaluated on their past performance and prior dealings with the City to include, but not limited to, failure.to mee speclfcatlons, poor quality, poor workmanship, late delivery. 8.6. The total long-term cost to the Municipality to acquire the bidder's goods or services. 9. BIDDER QUALIFICATONS:. The opening of a bld will not be construed as the City's acceptan of such bidder as qualified and responsible. All bidders shall: 9.1. Be firms, corporations, individuals or partnerships normally engaged in the sale and distribution of commodity or provision of the services as specified herein: JUN -20-2005 13:35 Page 2 of 10, 5122183242 98% P.03 06/20/2005 13:29 5122183242 TRANSPORTATION SVC PAGE 04 SPECIIFICATION N 01-890-40-03 REVISED: MAR 200 9.2. Have adequate organization, facilities, equipment and personnel to ensure prompt and efficient service to the City. 9.3. Provide references to include the name, address, telephone number and point of con •ct of at least three entities for which the bidder has preformed similar service and or utiliz the exact technology within the past three years. 9.4. Identify any subcontractors lo be used for this project. Experience, quctifcatiurrs arid references of the subcontractors shall be submitted. The City reserves the right to approve or disapprove all subcontractors prior to any work being performed. 10. CONFIDENTIALITY OF CONTENT: Bids received are subject to release as public information unless the bid or specific parts of the bid can be shown to be exempt from the Texas Public Information Act. Bidders are advised to consult with their legal counsel regarding disclosure issues and take the appropriate precautions to safeguard trade secrets or any other proprietary information. The City assumes no obligation or responsibility for asserting legal arguments on behalf of potential Bidders. 10.1. If a Bidder believes that a bid or parts of a bid are confidential, then the Bidder shall so specify. The Bidder shall stamp in bold red letters the term "CONFIDENTIAL" on that p rt of the solicitation. which the Bidder believes to be confidential. Vague and general clai s as to confidentiality shall not be accepted. All bids and parts of bids that are not marke as confidential will be automatically considered public information after the contract is awarded. 11. COMPLIANCE WITH LAWS: The successful bidder shall comply with all federal, state, and lo lows, statutes, ordinances, rules and regulations, and the orders and decrees of any court or administrative bodies or tribunals in any matter affecting the performance of the resulting agreement, including without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When request the Vendor shall furnish the City with satisfactory proof of its compliance. 12. ABANDONMENT OR DEFAULT: A Vendor wno abandons or defaults the work on the contra and causes the City to purchase the services elsewhere may be charged the difference in prig- of goods or service if any and shall not be considered in the re -advertisement of the service and ay not be considered in future bids for the same type of work unless the scope of work is significa tly changed. 13. CODES, PERMITS AND LICENSES: The successful bidder shall comply with all National, Sta and Local standards, codes and ordinances and the terms and conditions of the services of th electric utility. as well as other authorities that have jurisdiction pertaining to equipment and materials used and their application. None of the terms or provisions of the specification shall construed as waiving any rules, regulations or requirements of these authorities. The successf bidder shall be responsible for obtaining all necessary permits, certificates and/or licenses to fu contractual obligations (City of Round Rock fees and costs wilt be waived). 14. INDEMNITY: Vendor shall indemnify, save harmless and defend the City, Its officers, agents, servants. and employees from and against any and alt suits, actions, legal proceedings, claims demands, damages, costs, expenses, attorney's fees and any and all other costs or fees incid= t to the per formanue of the resulting agreement and arising out of a willful or negligent act or omission of the Vendor, its officers, agents, servants and employees. 15. INSURANCE: The Vendor shall procure and maintain at its sole cost and expense for the durati • n of the contract or purchase order resulting from a response to this bid/Specification insurance against claims for injuries to persons or damages to property which may arise from or in connecti . n with the performance of the work as a result of this bid by the successful bidder, its agents, representatives, volunteers, employees or subcontractors. JUN -20-2005 13:36 Page 3of10 5122183242 98Z P. 04 06/20/2005 13:29 5122183242 TRANSPORTATION SVC 15.1_ Certiflcates of Insurance and endorsements shall be furnished to the City before work commences. 15.2.. The following standard insurance policies shall be required: 15.2.1. General Liability Policy 15.2.2. Automobile Liability Policy 152.3. Worker's Compensation Policy 15.3. The following general requirements are applicable to all policies: 15.3.1. Only insurance companies licensed and admitted to do business in the State of Texas shall be accepted. 15.3.2. Deductbies shall be listed on the Certificate of insurance and are acceptable oni oh a per occurrence basis for propertydamage only. 15.3.3. Claims made pollcles shall not be accepted, except fur Prufessional Liability Insurance. 15.3.4. Upon rcqucot, certified copies of all insurance policies shall be furnished to the C 15.3.5. Policies shall include, but not be limited to, the following minimum limits: 15.3.5.1. Minimum Bodily Injury Limits of $300,000.00 per occurrence. 15.3.5.1.1. Property Damage Insurance with minimum limits of $50,000.00 for each occurrence. 15.3.5.1.2. Automobile Liability Insurance for all owned, non -owned, a d hired vehicles with minimum limits for Bodily injury of $100,000.00 each person, and $300,000.00 for each occurrence, and Property Damage Minimum limits of 550,000.00 for each occurrence, 15.3.5.1.3. Statutory Worker's Compensation Insurance and minimu $100,000.00 Employers Llablllty,Insurance. 15.3.6. Coverage shall be maintained for two years minimum after the termination of the Contract. 15.4. The City shall be entitled, upon request. and without expense to receive copies of Insurance policies and all endorsements thereto and may make reasonable request fo deletion,revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding either of the parties hereto or the underwriter of any of such policies). Upon such requ t by the City, the Vendor shall exercise reasonable efforts to accomplish such changes i policy coverage and shall pay the cost thereof. All insurance and bonds shall meet the requirements of the bid specification and the insurance endorsements stated below. 15.5. Vendor agrees that with respect to the required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, on the certificate or Its attachment, the following provisions: 15.5.1. Provide for an additional Insurance endorsement clause declaring the Vendor' insurance as primary. 15.5.2. Name the City and its officers, employees, and elected officials as additional insured's, (as the Interest of each insured may appear) as to all applicable coverage. 15.5.3. Provide thirty days notice to the City of cancellation, non -renewal, or material changes PAGE 05 SPECIIFICATION NO 01-890-40-03 REVISED: MAR 2005 the City and approved b JUN -20-2005 13:36 Page 4 of 10 5122183242 98% P.05 06/20/2005 13:29 5122183242 TRANSPORTATION SVC PAGE 06 SPECIIFICATION N 01-890-40-03 REVISED: MAR 200 15.5.4. Remove all language on the certificate of insurance indicating: 15.5.4.1. That the insurance company or agent/broker shall endeavor to no the City, and, 15.5.4.2. Failure to do so shall impose no obligation of liability of any kind u the company, its agents, or representatives. 15.5.5. Provide for notice to the City at the addresses listed below by registered mail: 15.5.5.1. Vendor agrees to waive subrogation against the City, its officers, employees, and elected officials for injuries, including death, prop damage. or any other loss to the extent same may be covered by t proceeds of insurance_ 15.5.6. Provide that all provisions of this contract concerning liability, duty, and standar of care together with the indemnification provision, shall be underwritten by contractual liability coverage surrrcient to include such obligations within applicable policies. 15.5.7. All copies of the Certificate of Insurance shall reference the project name, bid number or purchase order number for which the insurance is being supplied. 15.5.8. Vendor shall notify the City in the event of any change in coverage and shall g' e such notices not less than thirty days prior notice to the change, which notice shall be accomplished by a replacement Certificate of Insurance. 15.5.9. All notices shall be mailed to the City at the following addresses: Assistant City Manager City Attorney City of Round Rock City of Round Rock 221 East Maln Street 309 East Main Street Round Rock, TX 78664.5299 Round Rock, TX 78664 15.6. Approval, disapproval, or failure to act by the City regarding any insurance supplied by he Vendor shall not relieve the Vendor of full responsibility or liability for damages and accidents as set forth in the these requirements. Neither shall bankruptcy, insolvency, r denial of liability by the Insurance company relieve the Vendor from liability. 15.7. If the Vendor employs. contracts with or otherwise permits any other individual or entity o perform any of the obligations of the Vendor. then any and all of these individual or enti les shall be bound by the same insurance requirements as the successful bidder, 16. WORKERS COMPENSATION INSURANCE: Texas Labor Code, Section 406.098 requires work s' compensation insurance coverage for all persons providing services on building or construction projects for a governmental entity. • 16.1. Certificate of coverage ("certificate"j - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the Texas Workers' Compensation Commission, or a coverage agreement (TWCC-81. TWCC-82. TWCC-83. or TWCC-84). showing statuto workers' compensation insurance coverage for the person's or entity's employees providi services on a project, for the duration of the project. 16.2. Duration of the project - includes the time from the beginning of the work an the project u W the CONTRACTOR'S /person's work on the project has been completed and accepted b the OWNER. 16.3. Persons providing services on the project Csubcontractor") in Section 406.096 - includes : I persons or entities performing all or part of the services the CONTRACTOR has underta en to perform on the project, regardless of whether that person contracted directly with the CONTRACTOR and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators. employees of any such entity, or employcc of any entity, whic furnishes persons to provide services on the project. "Services" Include, without limitatio providing, hauling, or delivering equipment or materials, or providing labor, transportation or JUN -20-2005 13:37 Page 5 of 10 5122183242 98% P.06 06/2012005 13:29 5122183242 TRANSPORTATION SVC PAGE 07 SPLCIlH-(CATION N 01-890-40-03 REVISED: MAR 2005 other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 16.4. The CONTRACTOR shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statuto requirements of Texas Labor Code, Section 401.011(44) for all employees of the CONTRACTOR providing services on the project, fur the duration of ilia prujecl. 16.5. The CONTRACTOR must provide a certifioate of coverage to the OWNER prior to being awarded the contract. 16.6. If the coverage period shown on the CONTRACTOR'S current certificate of coverage en during the duration of the project, the CONTRACTOR must, prior to the end of the covera e period. file a new certificate of coverage with the OWNER showing that coverage has b extended. 16.7. The CONTRACTOR shall obtain from each person providing services on a project, and provide to the OWNER: 16.7.1. a certificate of coverage; prior to that person beginning work on the project, so th OWNER will have on file certificates of coverage showing coverage for all pers providing services on the project: and 16.7.2. no later than seven calendar days after receipt by the CONTRACTOR, a new certificate of coverage showing extension of coverage, if the coverage period sh on the current certificate of coverage ends during the duration of the project. 16.8. The CONTRACTOR shall retain all required certificates of coverage for the duration of th project and for one year thereafter. 16.9. The CONTRACTOR shall notify the OWNER in writing by certified mail or personal deliv within 10 calendar days after the CONTRACTOR knew or should have known, or any change that materially affects the provision of coverage of any person providing services the project. 16.10. The CONTRACTOR shall post on each project site a notice, in the text, form and mann prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 16.11. The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a project, to: 16.11.1. provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all its employees providing services on the project, for the duration of the project 16.11.2.provide to the CONTRACTOR, prior to that person beginning work on the proje a certificate of coverage showing that coverage is being provided for all employees of the person providing services' on a project, for the duration of the project; 16.11.3. provide the CONTRACTOR, prior to the end of the coverage period, a new certificate Of coverage showing extension of coverage, if the coverage period sh. n on the current certificate of coverage ends during the duration of the project 16.11.4. obtain from each other person with whom it contracts, and provide to the CONTRACTOR . 16.11.4.1. a certificate of coverage, prior to the other person beginning work 0 the project; and 16.11.42. a new certificate of coverage showing extension of coverage, prior t the end of the coverage period, if the coverage period shown on the current certificate .of coverage ends during the duration of the projec JUN -20-2005 13:37 Page 6 of 10 5122183242 98% P.07 66/28/2065 13:29 5122183242 TRANSPORTATION SVC PAGE 08 SPECIIFICATION N 01-890-40-03 REVISED: MAR 200 16.11.5. retain all required certificates of coverage on file for the duration of the project an for one year thereafter, 16.11.6,notify the OWNER in writing by certified mail or personal delivery, within 10 calen.ar clays after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 16.11,7.contractualiy require each person with whom it contracts, to perform as requlr by paragraphs (A thru G), with the certificates of coverage to be provided to th person for whom they are providing services. 16.11.8.By signing the solicitation associated with this specification, or providing, or causi g to be provideda certificate of coverage, the Contractor is representing to the r er Oat all employees of the Contractor who will provide services on the project will b covered by workers' compensation coverage for the duration of the protect, that e coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the Commission's Division Self-InsurannA Regulation. Providing false or misleading information may subjec the Contractor to administrative penalties, criminal penalties, civil penalties, or oth civil actions. 16.11.9. The Contractors failure to comply with any of these provisions is a breach of contract by the Contractor that entitles the Owner to declare the contract void if th Contractor does not remedy the breach within ten calendar days after receipt of notice of breach from the owner, 17. LIENS: Vendor agrees to and shall indemnify and save harmless the City against any and all lis end encumbrances fur all labor, goods and services which may be provided under the resulting agreement. At the City's request the Vendor or subcontractors shall provide a proper release of • all liens or satisfactory evidence of freedom from liens shall be delivered to the City. 18. VENUE; Both the City and the Vendor agree that venue for any litigation arising from a resultin agreement shall reside with Williamson County, Texas, goveming law. 19. INDEPENDENT CONTRACTOR It is understood and agreed that the Contractor shall not be considered an employee of the City. The Contractor shall not be within protection or coverage the City's Wurker Compensation insurance, Health Insurance, Liability Insurance or any other insurance that the City from time to time may have in force and effect. 20. AGREEMENT: The term of this Agreement small be for a twelve-month period of time from the date .of award. Prices shall be firm for the duration of the Agreement, except as provided for herein. This contract may be renewed for four additional periods of time not to exceed twelve months for each renewal provided both parties agree. 21. VENDOR PERFORMANCE: The City reserves the right to review the Vendor's performance at the end of each twelve month contract period and to cancel all or part of the Agreement (without penalty) or continue the contract through the next period. 22. ORDER QUANTITY: The quantities shown on the IFB are estimates only. No guarantee of any minimum or maximum purchase is made or implied. The City will only order the quantity of:goo and or services needed to satisfy operating requirements, which may be more or less than indicated, 23. PRICE ADJUSTMENT: The City may permit "unit price" adjustments upward, only as a result of cost increase in goods or services in accordance with the Producers Price Index. My price increase shall be requested by the Vendor in writing and accompanied with the appropriate documentation to justify the increase. The vendor may offer price decreases in excess of the allowable percentage change. JUN -20-2005 13:38 Page 7 of 10 5122183242 98% P.08 Ub/LIO/ZUU0 17:L7 31LL1Gjz4Z IKHNYUKIA7 IUN bvl; rHut b SPECIIFICATION N 01-890-40-03 REVISED: MAR 200 24. CONTRACT ADMINISTRATOR: All work performed under this contract will be supervised and verified by the City representative(s) noted below. David Fults with the City's Waterline Maintenance at (512) 218-5570. 25. NON -APPROPRIATION: The resulting Agreement is a commitment of the City's current revenu s 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 tho City does not appropriate funds sufficient o purchase the estimated yearly quantities, as determined by the City's budget for the fiscal year question. The City may effect such termination by giving Vendor a written notice of termination t me end of its then wn alit fiscal yeas_ 26. CANCELLATION: The City reserves the right to cancel the Agreement without penalty by providing 30 days prior written notice to the other party. Vendor shall provide the City with 120 days written notice prior to cancellation of the Agreement and shall continue services for a perio of time not to exceed 120 days after written notification. Termination under this paragraph shall not relieve tthe Vendor of any obligation or liability that has occurred prior to cancellation. NOT This Agreement is subject to cancellation, without penalty, at any time the City deems th vendor to be non-compliant with contractual obligations_ PART III SPECIFICATIONS 1. SCOPE: This specification describes water meter boxes in five sizes to be used by water line maintenance. Unit(s) fumished to these specifications shall meet or exceed all requirements herein. 2. iNTENTED USE: Single wall water meter boxes shall be used to house and protect various siz remote read water meters from damage due to, but not limited to ground collapse or traffic throughout tho City's water supply system. Specifications cover only the general requirements to the performance and design criteria of the water meter box, as well as certain details to whic the successful bidder shall conform. Bidders shall be responsible for furnishing equipment that meets or exceeds all of the requirements as set forth herein, as well as provide equipment that s designed for the intended application. 3. APPROVED PRODUCTS UST: The water meter boxes listed have been pre -approved for compatibility and durability. Bidders wishing to bid make and model of water meter boxes not listed shall call City Representative, David Fultz et (512) 218-5570 to arrange for evaluation. Evaluations will take approximately seven working days. Please submit water meter boxes for evaluation before or ten days before the bid opening date. Any evaluation request received for water meter boxes after the bid opening will not be considered for award. EXAMPLES: Size A Meter Box with Lid Size 8 Meter Box with Lid Use with single service for 5/8, %, & Use with single service for 5/8, %, & 1 -inch meters. , 1 -inch meters Model No. DFW 36C-SBSM Model No. DFW 37C-SBSM JUN -20-2005 13:39 Size C Meter Box with Lid Use with dual service for 5/8,14 & 1 -inch meters. Model No. DFW 38C-14-t(SBSM Size E Meter Box with Lld Use with single service for 5/8, Y." and 1 -inch meters Model No. DFW65C-12-BDCIR Page 8 of 10 Size D Meter Box with Lid Use with single service for 1-1/2 and inch meters Model No. DFW 1730-12-BDSM 5122183242 97% p.09 06/20/2005 13:29 5122183242 IKANSYUNIAIIUN SVU r -u t in SPECIIFICATION N 01-890-40-03 REVISED: MAR 200 4. NOTICE TO BIDDER: Bidders are cautioned to read the specifications carefully, as there may special requirements not commonly offered by the equipment manufacturer. Any unit delivered the FOB point, which does not meet this specification in every aspect, will not be accepted. 5. FUNCTIONAL REQUIREMENTS: 1 he water meter box(es) shall: 5.1_ Be equipped with an all-purpose flange around the top perimeter to allow the box to be installed in concrete, asphalt or other permanent material. 5.2. Have a crush resistant ribbing along the outside of the box and an earth retaining ring t help prevent sinking or floating when it In native soil. 5.3. Be engineered to withstand constricting ground pressures and withstand 20,000 pound vertical crush Toad. 5.4. Be lightweight to enable one person to quickly and efficiently install the boxes. 5.5. Be equipped with a skid resistant, plastic lid that securely and evenly sets inside the bo and shall not overlap the top edge of the box. 5.6. Have a minimum four -inch high pipe slot cart out(s). 6. DIMENSIONS: The water meter box(es) shall be rectangular in shape with the following dimensions: NOTE: The size of water ureter box will be identified on the invitation For Bid (IFB). SIZE A— Meter Box SIZE B —Meter Box Top - 12-1/4 "H X 12-3/4"WX19"L Top - 12 "11X 14-3/4" W X 21" L Base - 10" W X 18-1/4"L Base -11-5/16" W X 18-1/8"L Opening - 10" W X 15" L Opening - 11 " W X 18" L SIZE C — Meter Box SIZE D — Meter Box Top - 14-1/4 "H X 21-1/4" W X 22" L Top-12"HX 17"WX30"L Base — 17-1/4" W X 181L Base — 21" W X 34"L Opening - 17 " W X 18" L Opening —163/4 " W X 29-3/4" L SIZE E — Meter Box Top.- 12-1/4 "I -I X 12-3/4" W X 19" L Base - 10" W X 18-1/4"L Opening - 10 " W X 15" L 7. PROPERTIES: The box shall be molded out of modified polyethylene material with the following ASTM specifications: PROPERTIES ASTM TEST METHOD MINIMUM TEST VALUE Tensile strength Q Yield D638 2300 psi Ultimate Elongation (%) D638 .765 Density 01505 0.032 Flexural Modulus 0790 73,000 psi Deflection Temperature D648 88c @_66 psi Melt Index (dg/min.) 01238 Cond. E 5.0 UV Stabilizer Yes e 8. MANUALS: One set ofmanuals and documentation shall be supplied with each unit purchased and shall provide complete and comprehensive information on all equipment, equipment components and accessories, as supplied to comply with this specification. JUN -20-2005 13:38 Page 9 of 10 5122183242 9e% P. 10 06/20/2005 13:29 5122163242 TRANSPORTATION SVC PAGE 11 SPECIIFICATION N 01-890-40-03 REVISED: MAR 200 9. WARRANTY: The unit shall be warranted against defects in material and workmanship for a period of not less than 12 months beginning with the date of acceptance, If the manufacturer's standard warranty exceeds 12 months, then the manufacturer's standard warranty shall be in effect. The successful bidder shall furnish a copy of the manufacturer's warranty at time of delivery. PART IV DELIVERY, ACCEPTANCE AND PAYMENT 1. DELIVERY: The vendor agrees not to ship any materials until instructed to by the City. Delivery win be requested verbally or in writing and with the issuance of a purchase order. Unless noted n the solicitation, all shipments shall be FOB Destination our dock and received between the hour of 8:OOAM and 4:00PM, Monday through Friday, within three working days after request of the order from the City. 2. ACCEPTANCE: Acceptance inspection and performance testing will not take more than ten (10 working days. weather permitting. The vendor will be notified within this time frame if any unit delivered is not in full compliance with the specifications. If any units are canceled for non- acceptance, the needed equipment may be purchased elsewhere and the vendor may be charg full increase, if any, in cost and handling. 3. INVOICING: Vendor shall submit one nriginal and one copy of each invoice on a monthly basic. o the following address: City of Round Rock Finance Department 221 East Main Street Round Rock, TX78664-5299 4. PROMPT PAYMENT POLICY: Payments will be made within thirty days after the city receives e supplies, materials. equipment. or the day on which the performance of services was completed Of 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 th which is permitted by Texas law) for payments not made in accordance with this prompt payrner policy; however, this policy does not apply to payments made by the City in .the event: 4.1. There is a bona fide dispute between the City and Vendor concerning the supplies, materials, services or equipment delivered or the services performed that causes the payment to be late; or 4.2. The terms of a federal agreement, grant, regulation, or statute prevent the City from making a timely payment with Federal Funds; or 4.3.. There is a bona fide dispute between the Vendor and a subcontractor or between a subcontractor and its suppliers concerning supplies, material, or equipment delivered or the services performed which caused the payment to be late; or 4.4. The invoice is not mailed to the City in strict accordance with instructions, if any, on the purchase order or agreement or other such contractual agreement. 5. OVERCHARGES: Vendor hereby assigns to purchaser any and all claims for overcharges associated with this agreement which arise under the antitrust laws of the Untied States, 15 IIS Section 1 et seq., and which arise under the antitrust laws of the State of Texas, Bus. and Com. Code, Section 15.01, et set. JUN -20-2005 13:39 Page 10 of 10 5122183242 98% P. 11