R-06-02-23-10C3 - 2/23/2006RESOLUTION NO. R -06-02-23-10C3
WHEREAS, the City of Round Rock has previously entered into an
Annual Purchasing Agreement for Analytical Services for Water Plant
with DHL Analytical, Inc., and
WHEREAS, DHL Analytical, Inc. has submitted Supplemental
Agreement No. 1 to the Agreement to extend the contract date, and
WHEREAS, the City Council desires to enter into said Supplemental
Agreement No. 1 with DHL Analytical, Inc., 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 Supplemental Agreement No. 1 to the Annual
Purchasing Agreement for Analytical Services for Water Plant with DHL
Analytical, Inc., a copy of same being attached hereto as Exhibit "A"
and incorporated herein for all purposes.
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 February, 2006
ST:.
R.
WEL , Mayor
Cit of Round Rock, Texas
CHRISTINE R. MARTINEZ, City Secr
@PFDesktop\::ODMA/WORLDOX/0:/WDOX/RESOLUTI/R60223C3.WPD/sc
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
KNOW ALL BY THESE PRESENTS:
SUPPLEMENTAL AGREEMENT NO. 1
TO "CITY OF ROUND ROCK ANNUAL PURCHASING AGREEMENT
FOR ANALYTICAL SERVICES FOR WATER PLANT"
FIRM:
ADDRESS:
REFERENCE:
DHL Analytical, Inc. ("Vendor")
2300 Double Creek Drive, Round Rock, Texas 78664
Purchase of Analytical Services for Water Plant
This Supplemental Agreement No.
Agreement for Analytical Services for Water
Rock, Texas (hereinafter called the "City")
"Vendor").
1 to "City of Round Rock Annual Purchasing
Plant" is made by and between the City of Round
and DHL Analytical, Inc. (hereinafter called the
WHEREAS, City and Vendor executed the referenced "City of Round Rock Annual
Agreement for Analytical Services for Water Plant" (hereinafter called the "Agreement") on the
13th day of February, 2003; and
WHEREAS, said Agreement provided for the provision of analytical services to include
testing water, wastewater and industrial wastewater processes and the generation of complete
and traceable documentation of data from analyzed samples; and
WHEREAS, it has become necessary to extend the Agreement by renewal; and
NOW THEREFORE, premises considered, the City and the Vendor agree that said
Agreement is amended as follows:
Section 6.0 entitled "Duration of Agreement' shall be amended as follows:
The term of this original Agreement is for twelve (12) months from the effective date of
this original Agreement. This original Agreement permits renewal for successive terms of
twelve (12) months each, not to exceed in the aggregate four (4) such renewals, with such
renewals to occur on or before the expiration date of the preceding term, and with such renewals
being absolutely predicated upon the express written agreement of both parties. Such renewals
are permitted only provided Vendor has performed each and every contractual obligation
specified in this original Agreement. This Supplemental Agreement No. 1 embodies the third
renewal of twelve (12) months, following the expiration of the original term of twelve (12)
months, and extends the original Agreement as to time only with no other changes in terms
or conditions of the original Agreement.
00093810/jkg
IN WITNESS WHEREOF, the City and the Vendor have executed this Supplemental
Agreement No. 1 in duplicate originals.
DHL ANALYTICAL, INC.
By:
),3
Printed Ne: John DuPont
Title: General Manager
Date: 12/16/2005
CITY OF ROUND ROCK
By:
Printed Name:
Title:
Date:
ATTEST:
Christine R. Martinez, City Secretary
APPROVED AS TO FORM:
Stephan L. Sheets, City Attorney
00093810/j kg
CITY OF ROUND ROCK
ANNUAL PURCHASING_ AGREEMENT
FOR
ANALYTICAL SERVICES FOR WATER PLANT
THIS AGREEMENT, is made and entered into this /3 of 2003, by
and between the City of Round Rock, a Texas home -rule municipal corporation, ose offices are
located at 221 East Main Street, Round Rock, Texas 78664-5299, herein after referred to as "City"
and DHL Analytical, Inc., 2300 Double Creek Drive, Round Rock, TX 78664, hereinafter referred
"parties". to as "Vendor", and City and Vendor are collectively referred to as the
RECITALS:
WHEREAS, the City desires to contract with Vendor on a multi-year contract basis to provide the
City with analytical service and
WHEREAS, the Invitation for Bid to provide the City with analytical services previously issued
for said services and the City has selected the Bid submitted DHL Analytical ; and
'WHEREAS, the parties hereby desire to enter into this Agreement to set forth, in writing, their
respective rights, duties and obligations hereunder;
NOW, THEREFORE, WITNESSETH, that for and in consideration of the mutual promises
contained herein and other good and valuable consideration, the sufficiency and receipt of which are
hereby acknowledged, it is mutually agreed between the parties as follows:
1.0 CONTRACT DOCUMENTS AND EXHIBITS
The City of Round Rock selected Vendor as the integrator of choice to supply analytical
services as outlined in IFB 02-001, Specification Number 02-918-12 and Response to IFB
submitted by Vendor (Exhibit A). The intent of these documents is to formulate an
Agreement listing the responsibilities of both parties as outlined in the IFB and as offered by
Vendor in their response to the IFB.
The services that are the subject matter of this Agreement are further described in Exhibit A,
and together with this Agreement comprise the Agreement, and they are fully a part of this
Agreement as if herein repeated in full.
2.0 ITEMS AWARDED
The following bid items of Exhibit A arethe subject of this agreement:
Analytical services to include testing water, wastewater and industrial wastewater processes
and generate complete and traceable documentation of data from analyzed samples
Bid Item No. 3 — TCLP at $150.00 each.
Bid Item No. 5 — Metal Digestion at $20.00 each.
Bid Item No. 6 Barium at $10.00 each.
Bid Item No. 7 — Cadmium at $10.00 each.
Bid Item No. 8 — Chromium at 10.00 each.
Bid Item No. 9 — Copper at $10.00 each.
Bid Item No. 10 — Lead at $10.00 each.
R-03-M-13-13D7 1
Bid Item No. 11— Nickel at $10.00 each.
Bid Item No. 12 — Silver at $10.00 each.
Bid Item No. 13 — Zinc at $10.00 each.
Bid Item No. 14 — Manganese at $10.00 each.
Bid Item No. 16 — Oil/Grease at $50.00 each.
Bid Item No. 17 — BTEX at $45.00 each.
Bid Item No. 19 — TSS at $15.00 each.
Bid Item No. 22 — Cyanide at $35.00 each.
Bid Item No. 23 — Fluoride at $15.00 each.
Bid Item No. 24 — Volatile Organics at $120.00 each.
Bid Item No. 25 — Semivolatile Organics at $200.00 each.
3.0 COSTS
The bid costs listed in Exhibit A shall be the basis of any charges collected by the Vendor.
4.0 . INVOICES: All invoices shall include but not be limited to the following information:
4.1 Name and address of Vendor
4.2 Purchase Order Number
4.3 Description and quantity of item(s) received for Services
4.4 Service Date(s)
5.0 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 the City receives the supplies,
materials, equipment, or within thirty (3) days of the day on which the performance of
services was complete, or within thirty (30) days of the day on which the City receives a
correct invoice for the supplies, materials, equipment, or services, whichever is later.
Vendor may charge a late fee (fee shall not be greater than that which is permitted by Texas
law) for payments not made in accordance with thisrom t a
1 to paymentsp P payment policy, however, this
policy does nota
apply made by the City in the event:
5.1 there is a bona fide dispute between the City and Vendor concerning the supplies,
materials, or equipment delivered or the services performed that causes the payment
to be late; or
5.2 the terms of a Federal contract, grant, regulation, or statute prevent the City from
making a timely payment with Federal Funds; or
5.3 there is a bona fide dispute between Vendor and a subcontractor or between a
subcontractor and its supplier concerning supplies, materials, or equipment delivered
or the services performed which causes the payment to be late; or
5.4 the invoice is not mailed to the City in strict accordance with instructions, if any, on
the purchase order, or this Agreement or other such contractual agreement.
6.0 DURATION OF AGREEMENT
2
The term of this agreement shall be for a period of time of twelve (12) months from the date
of award. Prices shall be firm for the duration of the agreement, except as provided for
hereinabove.
This agreement may be renewed for four (4) more additional periods of time not to exceed
the original service period, provided both parties agree. Contract extension shall be for the
original price, terms and conditions plus any approved changes.
The City reserves the right to review the Vendor's performance at the end of each twelve-
month period and cancel all or part of the agreement or continue the agreement through the
next period.
7.0 TERMINATION OF THIS AGREEMENT
The City may terminate this agreement for any reason by giving Vendor ten (10) days
written notice. Upon delivery of such notice by the City to Vendor, the 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 or
contracts are chargeable to this agreement. Within thirty (30) days after receipt of notice of
termination, the Vendor shall submit a statement, showing in detail the services satisfactorily
performed under this agreement to the date of termination. The City will then pay the
Vendor that portion of the prescribed charges. The Parties agree Vendor is not entitle to
compensation for services it would have performed under the remaining term of the Contract
except as provided above.
8.0 ORDERS PLACED WITH ALTERNATE VENDORS
If the Vendor cannot provide the service(s) as specified, the City reserves the option to
obtain the services from another supplier.
9.0 ABANDONMENT OR DEFAULT
A Vendor who abandons or defaults the work on this agreement and causes the City to
purchase the services elsewhere may be charged the difference in cost, if any, and will not be
considered in the re -advertisement of the service and may not be considered in future bids
for the same type of work unless the scope of work is significantly changed.
10.0 TAXES
The City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be
included in charges.
11.0 ASSIGNMENT
Vendor's rights and duties awarded by this agreement may not be assigned to another
without written consent of the city signed by the City's authorized agent. Such consent shall
not relieve the assignor of the liability in the event of default by the assignee.
12.0 GRATUITIESBRIBES
The City may, by written notice to Vendor, cancel this contract without liability to Vendor if
it is determined by the City that gratuities or bribes in the form of entertainment, gifts, or
otherwise, were offered or given by Vendor, or its agent or representative to any City officer,
employee or elected representative with respect to the performance of this agreement. In
addition, Vendor may be subject to penalties stated in Title 8 of the Texas Penal Code.
13.0 INDEMNIFICATION
3
Vendor agrees to and shall indemnify, defend, and hold harmless the City, its officers,
agents, and employees, from and against any and all claims, losses, damages, causes of
action, suits, and liability of every kind, including all expenses of litigation, court costs, and
attorney's fees for injury to any person, or for damages to any property, arising out of or in
connection with any act or omission, negligence, willful misconduct in the performance of
this Agreement done by Vendor, its officers, agents, employees, or subcontractors under this
Agreement, without regard to whether such persons are under the direction of City agents or
employees.
14.0 INSURANCE
Vendor shall meet requirements as stated in the attached Invitation to Bid No. 02-001 Re-bid
and their bid response.
15.0 APPLICABLE LAW
This agreement shall be governed by the laws of the State of Texas. It is expressly agreed by
both Parties that Williamson County is the place for performance of this contract and that
Williamson County, Texas shall be the proper County for venue purposes in any litigation
arising herefrom. No rights, remedies, and warranties available to the City under this
agreement or by operation of law are waived or modified unless expressly waived or,
modified by the City in writing.
16.0 VENUE
The parties agree that venue for any litigation arising from this agreement shall lie in
Williamson County, Texas.
17.0 NON-APPROPRIATION
This Contract is a commitment of the City's current revenues only. It is understood and
agreed the City shall have the right to terminate this Contract at the end of any City fiscal
year if the governing body of the City does not appropriate funds sufficient to purchase the
estimated yearly quantities, as determined by the City's budget for the fiscal year in
question. The City may effect such termination by giving Vendor a written notice of
termination at the end of its then current fiscal year.
18.0 RIGHT TO ASSURANCE
Whenever one party to this agreement in good faith has reason to question the other party's
intent to perform, the questioning party may demand that the other party give written
assurance of their intent to perform: In the event that a demand is made and no assurance is
given within five (5) days, the demanding party may treat this failure as an anticipatory
repudiation of the contract.
19.0 MULTIPLE COUNTERPARTS
This agreement may be executed in multiple counterparts, any •one of which shall be
considered an original of this instrument, all of which, when taken together shall constitute
one and the same instrument.
20.0 NOTICES
For the purposes of this Agreement, notices to the City shall be to:
City Manager
City of Round Rock
4
221 East Main Street
Round Rock, Texas 78664-5299
With a copy to:
Stephan L. Sheets, City Attorney
309 East Main Street
Round Rock, Texas 78664
Notice to Vendor shall be to:
DHL Analytical, Inc.
2300 Double Creek Drive
Round Rock, TX 78664
Notices will be effective upon delivery at the above addresses until the parties notify each other, in
writing, of a change in address.
IN WITNESS WHEREOF -es to these presents have executed this Agreement on the
y �� T
CITY O ' • ;Aiglf•
By:
Nyle , Mayor
City of Round Rock
Attest -
By:
Christine Martinez, City Secretary
City of Round Rock
5
DHL AN
By:
Name:
Title:
Attest:
By:
- _ INC.
/ rA'.,
Name:
Title:
BID TAB
BID NUMBER: 02-001 REBID
BID OPENING: 6/11/2002
ANALYTICAL SERVICES
Item
VENDOR
LCRA - ELS
3:OOpm
DELIVERY:
TOTAL
1 TOTAL
ORGANIC CARGON
---"-"-'-----^-------_�__�� 85 128: 12 3230.00 NO BID
2 TOTAL TRIHALOMETHANES 85
3 -CLP 155.00 14.875.00
--------�-___-___ 1120.00
2 11,049.00 12,098.00 1150.00
4 HALOACETIC ACID 85
1185.00 115,725.00 NO BID
5 BARIUM
6 CADMIUM
7 CHROMIUM
M 115.00
651,432.30
VENDOR
DHL ANALYTICAL INC
DELIVERY:
TOTAL
8 COPPER
9 LEAD
10 NICKEL
11 SILVER
12 ZINC
14 MANGANESE
15 AMMONIA
16 OIUCREASE
17 BTEX
18 BOD
19 TSS
20 DOC
21 PHOSPHOROUS
22 CYANIDE
23 FLUORIDE
10
130.00
---��� 60 130.00
24
25
26
27
28
29
30
31
32
33
34
115.00
115.00
115.00
115.00
115.00
115.00
115.00
50 _-- 1200.00
165.00
125.00
.10 512.00
123.00
20 $20.00
16 135.00
118.00
1185.00
1320.00
VOLATILE ORGANICS 20
SEMNOLATILE ORGANICS 20
5 DAY TURNAROUND
3 DAY TURNAROUND
NEXT DAY
10% DISCOUNT
1300.00
11,800.00
1900.00
1900.00
1900.00
1900.00
1900.00
1900.00
1900.00
1300.00
110,000.00
1325.00
11,000.00
5120.00
1920.00
1400.00
1560.00
1144.00
13,700.00
16,400.00
1x
1 100%
1.4x
1 200%
1.8x
45,714.70
110.00
110.00
110.00
110.00
110.00
110.00
130,755.00
110,200.00
1300.00
VENDOR
DELIVERY:
TOTAL
Unit $
1100.00
1600.00
1600.00
1600.00 .
1600.00
1600.00
10 1600.00
10 1600.00
10 1600.00
20 1400.00
50 12,500.00
45 1225.00
50 $2,000.00
15 1150.00
35 11,400.00
30 1600.00,
1560.00
1500
120 12,400.00
250 15,000.00
10.00
Extended
DATE: February 16, 2006
SUBJECT: City Council Meeting - February 23, 2006
ITEM: *10.C.3. Consider a resolution authorizing the Mayor to execute
Supplemental Agreement No. 1 to the Annual Purchasing
Agreement for Analytical Services for Water Plant with DHL
Analytical, Inc.
Department: Water/Wastewater Utility
Staff Person: Tom Clark, Director of Utilities
Justification:
This is an annual contract for analytical services for the Environmental Services and Water
Treatment Divisions. The contract includes testing water, wastewater and industrial
wastewater and providing traceable documentation validating analytical results.
Funding:
Cost: $16,155.00
Source of funds: Utility Fund
Outside Resources: N/A
Background Information:
This is an extension of the "City of Round Rock Annual Agreement for Analytical Services for
Water Plant" executed on February 13, 2003.
Public Comment: N/A
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
§
KNOW ALL BY THESE PRESENTS:
SUPPLEMENTAL AGREEMENT NO. 1
TO "CITY OF ROUND ROCK ANNUAL PURCHASING AGREEMENT
FOR ANALYTICAL SERVICES FOR WATER PLANT"
FIRM:
ADDRESS:
REFERENCE:
DHL Analytical, Inc. ("Vendor")
2300 Double Creek Drive, Round Rock, Texas 78664
Purchase of Analytical Services for Water Plant
This Supplemental Agreement No.
Agreement for Analytical Services for Water
Rock, Texas (hereinafter called the "City")
"Vendor").
1 to "City of Round Rock Annual Purchasing
Plant" is made by and between the City of Round
and DHL Analytical, Inc. (hereinafter called the
WHEREAS, City and Vendor executed the referenced "City of Round Rock Annual
Agreement for Analytical Services for Water Plant" (hereinafter called the "Agreement") on the
13th day of February, 2003; and
WHEREAS, said Agreement provided for the provision of analytical services to include
testing water, wastewater and industrial wastewater processes and the generation of complete
and traceable documentation of data from analyzed samples; and
WHEREAS, it has become necessary to extend the Agreement by renewal; and
NOW THEREFORE, premises considered, the City and the Vendor agree that said
Agreement is amended as follows:
Section 6.0 entitled "Duration of Agreement" shall be amended as follows:
The term of this original Agreement is for twelve (12) months from the effective date of
this original Agreement. This original Agreement permits renewal for successive terms of
twelve (12) months each, not to exceed in the aggregate four (4) such renewals, with such
renewals to occur on or before the expiration date of the preceding term, and with such renewals
being absolutely predicated upon the express written agreement of both parties. Such renewals
are permitted only provided Vendor has performed each and every contractual obligation
specified in this original Agreement. This Supplemental Agreement No. 1 embodies the third
renewal of twelve (12) months, following the expiration of the original term of twelve (12)
months, and extends the original Agreement as to time only with no other changes in terms
or conditions of the original Agreement.
000938 10/jkg
£-O(' -O -a 3 - IOC 3
IN WITNESS WHEREOF, the City and the Vendor have executed this Supplemental
Agreement No. 1 in duplicate originals
DHL ANALYTICAL, INC.
By: Nr\,,
Printed Naine: John DuPont
Title: General Manager
Date: 12/16/2005
CITY OF ROU ► D ' O r
/ AI/
V : !!
By:
Printed
Title:
Date:
ATEST:
uttiyi_oP. `4--)1
Christine R. Martinez, City Secretary
APP I ED AS TO FORM:
4 t
Stepha ' L. Sheets, Ci Attorney
00093 810/jkg
CITY OF ROUND ROCK
ANNUAL PURCHASING AGREEMENT
FOR.
ANALYTICAL SERVICES FOR WATER PLANT
THIS AGREEMENT, is made and entered into this /.3 of �2,G/ 2003,by
and between the City of Round Rock, a Texas home -rule municipal corporation, ose offis are
located at 221 East Main Street, Round Rock, Texas 78664-5299, herein after referred to as "City"
and DHL Analytical, Inc., 2300 Double Creek Drive, Round Rock, TX 78664, hereinafter referred
to as "Vendor", and City and Vendor are collectively referred to as the "parties".
RECITALS:
WHEREAS, the City desires to contract with Vendor on a multi-year contract basis to provide the
City with analytical service and
WHEREAS, the Invitation for Bid to provide the City with analytical services previously issued
for said services and the City has selected the Bid submitted DHL Analytical ; and
WHEREAS, the parties hereby desire to enter into this Agreement to set forth, in writing, their
respective rights, duties and obligations hereunder;
NOW, THEREFORE, WITNESSETH, that for and in consideration of the mutual promises
contained herein and other good and valuable consideration, the sufficiency and receipt of which are
hereby acknowledged, it is mutually agreed between the parties as follows:
1.0 CONTRACT DOCUMENTS AND EXHIBITS
The City of Round Rock selected Vendor as the integrator of choice to supply analytical
services as outlined in IFB 02-001, Specification Number 02-918-12 and Response to IFB
submitted by Vendor (Exhibit A). The intent of these documents is to formulate an
Agreement listing the responsibilities of both parties as outlined in the WB and as offered by
Vendor in their response to the IFB.
The services that are the subject matter of this Agreement are further described in Exhibit A,
and together with this Agreement comprise the Agreement, and they are fully a part of this
Agreement as if herein repeated in full.
2.0 ITEMS AWARDED
The following bid items of Exhibit A are the subject of this agreement:
Analytical services to include testing water, wastewater and industrial wastewater processes
and generate complete and traceable documentation of data from analyzed samples
Bid Item No. 3 — TCLP at $150.00 each.
Bid Item No. 5 — Metal Digestion at $20.00 each.
Bid Item No. 6 .Barium at $10.00 each.
Bid Item No. 7 — Cadmium at $10.00 each.
Bid Item No. 8 — Chromium at 10.00 each.
Bid Item No. 9 — Copper at $10.00 each.
Bid Item No. 10 — Lead at $10.00 each.
k -o3 -0a-/3-1307 1
Bid Item No. 11— Nickel at $10.00 each.
Bid Item No. 12 — Silver at $10.00 each.
Bid Item No. 13 — Zinc at $10.00 each.
Bid Item No. 14 — Manganese at $10.00 each.
Bid Item No. 16 — Oil/Grease at $50.00 each.
Bid Item No. 17 — BTEX at $45.00 each.
Bid Item No. 19 — TSS at $15.00 each.
Bid Item No. 22 — Cyanide at $35.00 each.
Bid Item No. 23 — Fluoride at $15.00 each.
Bid Item No. 24 — Volatile Organics at $120.00 each.
Bid Item No. 25 — Semivolatile Organics at $200.00 each.
3.0 COSTS
The bid costs listed in Exhibit A shall be the basis of any charges collected by the Vendor.
4.0 . INV OICES: All invoices shall include but not be limited to the following information:
4.1 Name and address of Vendor
4.2 Purchase Order Number
4.3 Description and quantity of item(s) received for Services
4.4 Service Date(s)
5.0 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 the City receives the supplies,
materials, equipment, or within thirty (3) days of the day on which the performance of
services was complete, or within thirty (30) days of the day on which the City receives a
correct invoice for the supplies, materials, equipment, or services, whichever is later.
Vendor may charge a late fee (fee shall not be greater than that which is permitted by Texas
law) for payments not made in accordance with this prompt payment policy, however, this
policy does not apply to payments made by the City in the event:
5.1 there is a bona fide dispute between the City and Vendor concerning the supplies,
materials, or equipment delivered or the services performed that causes the payment
to be late; or
5.2 the terms of a Federal contract, grant, regulation, or statute prevent the City from
making a timely payment with Federal Funds; or
5.3 there is a bona fide dispute between Vendor and a subcontractor or between a
subcontractor and its supplier concerning supplies, materials, or equipment delivered
or the services performed which causes the payment to be late; or
5.4 the invoice is not mailed to the City in strict accordance with instructions, if any, on
the purchase order, or this Agreement or other such contractual agreement.
6.0 DURATION OF AGREEMENT
2
The term of this agreement shall be for a period of time of twelve (12) months from the date
of award. Prices shall be firm for the duration of the agreement, except as provided for
hereinabove.
This agreement may be renewed for four (4) more additional periods of time not to exceed
the original service period, provided both parties agree. Contract extension shall be for the
original price, terms and conditions plus any approved changes.
The City reserves the right to review the Vendor's performance at the end of each twelve-
month period and cancel all or part of the agreement or continue the agreement through the
next period.
7.0 TERMINATION OF THIS AGREEMENT
The City may terminate this agreement for any reason by giving Vendor ten (10) days
written notice. Upon delivery of such notice by the City to Vendor, the 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 or
contracts are chargeable to this agreement. Within thirty (30) days after receipt of notice of
termination, the Vendor shall submit a statement, showing in detail the services satisfactorily
performed under this agreement to the date of termination. The City will then pay the
Vendor that portion of the prescribed charges. The Parties agree Vendor is not entitle to
compensation for services it would have performed under the remaining term of the Contract
except as provided above.
8.0 ORDERS PLACED WITH ALTERNATE VENDORS
If the Vendor cannot provide the service(s) as specified, the City reserves the option to
obtain the services from another supplier.
9.0 ABANDONMENT OR DEFAULT
A Vendor who abandons or defaults the work on this agreement and causes the City to
purchase the services elsewhere may be charged the difference in cost, if any, and will not be
considered in the re -advertisement of the service and may not be considered in future bids
for the same type of work unless the scope of work is significantly changed.
10.0 TAXES
The City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be
included in charges.
11.0 ASSIGNMENT
Vendor's rights and duties awarded by this agreement may not be assigned to another
without written consent of the city signed by the City's authorized agent. Such consent shall
not relieve the assignor of the liability in the event of default by the assignee.
12.0 GRATUITIESBRIBES
The City may, by written notice to Vendor, cancel this contract without liability to Vendor if
it is determined by the City that gratuities or bribes in the form of entertainment, gifts, or
otherwise, were offered or given by Vendor, or its agent or representative to any City officer,
employee or elected representative with respect to the performance of this agreement. In
addition, Vendor may be subject to penalties stated in Title 8 of the Texas Penal Code.
13.0 INDEMNIFICATION
3
Vendor agrees to and shall indemnify, defend, and hold harmless the City, its officers,
agents, and employees, from and against any and all claims, losses, damages, causes of
action, suits, and liability of every kind, including all expenses of litigation, court costs, and
attorney's fees for injury to any person, or for damages to any property, arising out of or in
connection with any act or omission, negligence, willful misconduct in the performance of
this Agreement done by Vendor, its officers, agents, employees, or subcontractors under this
Agreement, without regard to whether such persons are under the direction of City agents or
employees.
14.0 INSURANCE
Vendor shall meet requirements as stated in the attached Invitation to Bid No. 02-001 Re-bid
and their bid response.
15.0 APPLICABLE LAW
This agreement shall be governed by the laws of the State of Texas. It is expressly agreed by
both Parties that Williamson County is the place for performance of this contract and that
Williamson County, Texas shall be the proper County for venue purposes in any litigation
arising herefrom. No rights, remedies, and warranties available to the City under this
agreement or by operation of law are waived or modified unless expressly waived or,
modified by the City in writing.
16.0 VENUE
The parties agree that venue for any litigation arising from this agreement shall lie in
Williamson County, Texas.
17.0 NON-APPROPRIATION
This Contract is a commitment of the City's current revenues only. It is understood and
agreed the City shall have the right to terminate this Contract at the end of any City fiscal
year if the governing body of the City does not appropriate funds sufficient to purchase the
estimated yearly quantities, as determined by the City's budget for the fiscal year in
question. The City may effect such termination by giving Vendor a written notice of
termination at the end of its then current fiscal year.
18.0 RIGHT TO ASSURANCE
Whenever one party to this agreement in good faith has reason to question the other party's
intent to perform, the questioning party may demand that the other party give written
assurance of their intent to perform. In the event that a demand is made and no assurance is
given within five (5) days, the demanding party may treat this failure as an anticipatory
repudiation of the contract.
19.0 MULTIPLE COUNTERPARTS
This agreement may be executed in multiple counterparts, any •one of which shall be
considered an original of this instrument, all of which, when taken together shall constitute
one and the same instrument.
20.0 NOTICES
For the purposes of this Agreement, notices to the City shall be to:
City Manager
City of Round Rock
4
221 East Main Street
Round Rock, Texas 78664-5299
With a copy to:
Stephan L. Sheets, City Attorney
309 East Main Street
Round Rock, Texas 78664
Notice to Vendor shall be to:
DHL Analytical, Inc_
2300 Double Creek Drive
Round Rock, TX 78664
Notices will be effective upon delivery at the above addresses until the parties notify each other, in
writing, of a change in address.
IN WITNESS WHEREOF e.p. les to these presents have executed this Agreement on the
of /_
CITY 0 w. DHL AN • f I+ •.ii INC.
B
y r /
Nyle , Mayor
City of Round Rock
Attest -
By:
Christine Martinez, City Secretary
City of Round Rock
5
By:
Name:
Title:
Attest:
By:
Name:
Title:
BID TAB
BID NUMBER: 02-001 REBID
BID OPENING: 6/11/2002
ANALYTICAL SERVICES
Item Bid item(s) description
VENDOR VENDOR
LCRA - ELS VENDOR
3:OOpm DHL ANALYTICAL INC
DELIVERY: DELIVERY:
DELIVERY:
TOTAL
351,43230 TOTAL $30,755.00 TOTAL:
QTY Unit $ Extended Unit
1 TOTAL ORGANIC CARGON 85
2 TOTAL TRtHALOMETHANES
3 TCLP
$ Extended Unit $ Extended
$28.00 $2,380.00 NO BID
85 355.00
2 31,049.00
4 HALOACETIC ACID 85 $185,00
$4,675.00 3120.00
$2,098.00 3150.00
310,200.00
3300.00
5 BARIUM 10 $3000
6 CADMIUM
$3000
315,725.00 NO BID
3300.00 310.00 3100.00
7 CHROMIUM
8 COPPER
9 LEAD
10 NICKEL
11 SILVER
12 ZINC
14 MANGANESE
15 AMMONIA
16 OIL/CREASE
17 BTEX
18 BOD
19 TSS
20 DOC
21 PHOSPHOROUS
22 CYANIDE
23 FLUORIDE
24 VOLATILE ORGANICS
25 SEMIVOLATILE ORGANICS
26 5 DAY TURNAROUND
27 3 DAY TURNAROUNG
28 NEXT DAY
29 10% DISCOUNT
30
5
10
16
315.00
315.00
315.00
315.00
315.00
315.00
315.00
315.00
3200.00
365.00
325.00
11200
$23.00
$20.00
335.00
31,800.00
3900.00
3900.00
3900.00
3900.00
3900.00
3900.00
$300.00
310,000.00
3325.00
$1,000.00
3120.00
3920.00
3400.00
3560.00
$10.00 3600.00
310.00
310.00
$10.00
$10.00 3600.00
10 $600.00
3600.00
3600.00
3600.00
10 3600.00
10 $600.00
�
$2,5°°.00
45 3225.00
$2,000_00
15 3150.00
N`
$1,400.00
$600.00
3560.00
3120.00
50
1530
32
33
34
1x
1.4x
1.8x
45,714.70