R-08-06-26-10D3 - 6/26/2008RESOLUTION NO. R -08-06-26-10D3
WHEREAS, the City of Round Rock has duly advertised for bids
for grounds maintenance services, and
WHEREAS, International Building Services has submitted the
lowest responsible bid, and
WHEREAS, the City Council wishes to accept the bid of
International Building Services, 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 Grounds Maintenance
Services with International Building Services, 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
Resolution was
and subject of the meeting at which this
adopted was posted
the public as required by law
Resolution and the subject matter
and formally acted upon, all
Chapter 551, Texas Government
and that such meeting
at all
was open to
times during which this
hereof were discussed, considered
as required by the
Code, as amended.
RESOLVED this 26th day of June,
ATTEST:
SARA L. WHITE, City Secretary
0:\WDOX\RESOLUTI\R80626D3.DOC/rmc
0
Open Meetings Act,
ALAN MCGRAW, Mayor
City of Round Rock, Texas
CITY OF ROUND ROCK AGREEMENT FOR
PURCHASE OF GROUNDS MAINTENANCE SERVICES WITH
INTERNATIONAL BUILDING SERVICES
THE STATE OF TEXAS
CITY OF ROUND ROCK
COUNTY OF WILLIAMSON
COUNTY OF TRAVIS
KNOW ALL BY THESE PRESENTS:
THIS AGREEMENT is for grounds maintenance services on certain of the City's rights-of-way,
drainage/retention/detention areas, and parkland (referred to herein as the "Agreement"), and is made by
and between the CITY OF ROUND ROCK, a Texas home -rule municipality, whose offices are located at
221 East Main Street, Round Rock, Texas 78664-5299 (referred to herein as the "City"), and
INTERNATIONAL BUILDING SERVICES, whose offices are located at 8204 North Lamar Boulevard
B-16, Austin, Texas 78753 (referred to herein as the "Services Provider" or "IBS").
RECITALS:
WHEREAS, City has determined that there is a need for the delineated services; and
WHEREAS, City desires to contract for such services; and
WHEREAS, the parties 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:
1.01 EFFECTIVE DATE, TERM, ALLOWABLE RENEWALS, PRICES FIRM
This Agreement shall be effective on the date this Agreement has been signed by each party
hereto, and shall remain in full force and effect unless and until it expires by operation of the term
indicated herein, or is terminated or extended as provided herein.
The term of this Agreement shall be for five (5) consecutive twelve-month periods from the
effective date hereof. After that term, this Agreement may be renewed for two (2) successive twelve-
month periods, under the same terms and conditions, only upon the express written agreement of both
parties, and only provided the Services Provider has performed each and every contractual obligation
specified in this Agreement.
Prices shall be firm for the duration of this Agreement and for any renewal periods. No separate
line item charges shall be permitted for invoicing purposes, including but not limited to equipment rental,
demurrage, costs associated with obtaining permits, or any other extraneous charges. City may permit
"unit price" adjustments upwards only as a result of a cost increase in goods or services in accordance
with the Producers Price Index located at http://stats.bls.gov/ppi/home.htm. Any price increase shall be
requested by Vendor in writing and accompanied by the appropriate documentation to justify the
requested increase. Vendor may offer price decreases in excess of the allowable percentage change.
137805/jkg
City reserves the right to review the services at any time, and may elect to terminate with or
without cause or may elect to continue with the services.
2.01 CONTRACT AMOUNT; AND SCOPE OF WORK
Contract Amount. In consideration for the grounds maintenance services to be performed by Services
Provider, City agrees to pay Services Provider the followingamounts per year of this Agreement:
For Quadrant D-2
Cost per acre $55.00 x 72.79 acres for 1 cycle (30 calendar days) x 8 cycles $32,027.60
For Quadrant ROW -3
Cost per acre $65 x 19.04 acres for 1 cycle (14 calendar days) x 16 cycles $19,801.60
For Quadrant ROW -4
Cost per acre $65 x 29.72 acres for 1 cycle (14 calendar days) x 16 cycles $30,908.80
TOTAL: $82.738.00
Scope of Work: For purposes of this Agreement, City has issued documents delineating the required
services (specifically IFB 08-025, Specification No. 08-988-75 dated January 2008, Attachment A "City
of Round Rock Insurance Requirements," "Grounds Maintenance Services Quadrants - Drainage Parks"
revised February 22, 2008, "Grounds Maintenance Services Quadrants - Rights of Way" revised
February 22, 2008, and "Invitation for Bid Addendum No. 1" dated February 25, 2008). Services
Provider has issued its response agreeing to provide all such required services in all specified particulars.
All such referenced documents are included in Exhibit "A" attached hereto and made a part hereof for all
purposes. When taken together with the appended exhibits, this Agreement shall evidence the entire
understanding and agreement between the parties and shall supersede any prior proposals,
correspondence or discussions.
Services Provider shall satisfactorily provide all services described under the attached exhibits
within the contract term specified in Section 1.01. Services Provider's undertakings shall be limited to
performing services for City and/or advising City concerning those matters on which Services Provider
has been specifically engaged. Services Provider shall perform its services in accordance with this
Agreement, in accordance with the appended exhibits, in accordance with due care, and in accordance
with prevailing industry standards for comparable services.
3.01 PAYMENT FOR SERVICES; SUPPLEMENTAL AGREEMENTS
Payment for Services: In consideration for the grounds maintenance services to be performed
by Services Provider, City agrees to pay as delineated in Section 2.01.
Payment for Reimbursable Expenses: There shall be no payment for reimbursable expenses in
this Agreement.
Not -to -Exceed Total: Unless subsequently changed by additional Supplemental Agreement to
this Agreement, duly authorized by appropriate City Council or City Manager action, Services Provider's
total compensation under this Agreement shall not exceed $82,738.00 per year of the Agreement. This
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amount represents the absolute limit of City's liability to Services Provider hereunder unless same shall
be changed by additional Supplemental Agreement, and City shall pay, strictly within the confines of the
not -to -exceed sum recited herein, Services Provider's fees for work done on behalf of City.
Deductions: No deductions shall be made for Services Provider's compensation on account of
penalty, liquidated damages or other sums withheld from payments to Services Provider.
Additions: No additions shall be made to Services Provider's compensation based upon any
claims, whether paid by City or denied.
Supplemental Agreements: The terms of this Agreement may be modified by written
Supplemental Agreement hereto, duly authorized by City Council or City Manager action, if City
determines that there has been a significant change in (1) the scope, complexity, or character of the
services to be performed; or (2) the duration of the work. Any such Supplemental Agreement must be
executed by both parties within the period specified as the term of this Agreement. Services Provider
shall not perform any work or incur any additional costs prior to the execution, by both parties, of such
Supplemental Agreement. Services Provider shall make no claim for extra work done or materials
furnished unless and until there is full execution of any Supplemental Agreement, and City shall not be
responsible for actions by Services Provider nor for any costs incurred by Services Provider relating to
additional work not directly authorized by Supplemental Agreement.
4.01 TERMS OF PAYMENT
Invoices: To receive payment, Services Provider shall prepare and submit monthly detailed
invoices to City for services rendered. Each invoice for grounds maintenance services shall detail the
services performed, along with documentation for each service performed. All payments to Services
Provider shall be made on the basis of the invoices submitted by Services Provider and approved by City.
Such invoices shall conform to the schedule of services and costs in connection therewith.
Should additional backup material be requested by City, Services Provider shall comply
promptly. In this regard, should City determine it necessary, Services Provider shall make all records and
books relating to this Agreement available to City for inspection and auditing purposes.
If City has any dispute with work performed, then City shall notify Services Provider within
thirty (30) days after receipt of invoice. In the event of any dispute regarding the work performed, then
and in that event Services Provider shall either (a) satisfactorily re -perform the disputed services or (b)
provide City with an appropriate credit.
Payment of Invoices: City reserves the right to correct any error that may be discovered in any
invoice that may have been paid to Services Provider and to adjust same to meet the requirements of this
Agreement. Following approval of invoices, City shall endeavor to pay Services Provider promptly, but
no later than the time period required under the Texas Prompt Payment Act described in Section 8.01
herein. Under no circumstances shall Services Provider be entitled to receive interest on payments which
are late because of a good faith dispute between Services Provider and City or because of amounts which
City has a right to withhold under this Agreement or state law. City shall be responsible for any sales,
gross receipts or similar taxes applicable to the services, but not for taxes based upon Services Provider's
net income.
Offsets: City may, at its option, offset any amounts due and payable under this Agreement
against any debt (including taxes) lawfully due to City from Services Provider, regardless of whether the
amount due arises pursuant to the terms of this Agreement or otherwise and regardless of whether or not
the debt due to City has been reduced to judgment by a court.
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5.01 LIMITATION TO SCOPE OF WORK
Services Provider and City agree that the scope of services to be performed is generally
enumerated in the attached exhibits. Notwithstanding anything herein to the contrary, the parties agree.
that City retains absolute discretion and authority for all funding decisions, such decisions to be based
solely on criteria accepted by City which may be influenced by but not be dependent on Services
Provider's work.
6.01 INTERLOCAL COOPERATIVE CONTRACTING / PURCHASING
Authority for local governments to contract with one another to perform certain governmental
functions and services, including but not limited to purchasing functions, is granted under Government
Code, Title 7, Chapter 791, Interlocal Cooperation Contracts, Subchapter B and Subchapter C, and Local
Government Code, Title 8, Chapter 271, Subchapter F, Section 271.101 and Section 271.102.
Other governmental entities within the State of Texas may be extended the opportunity to
purchase off of the City of Round Rock's bid, with the consent and agreement of the successful vendor(s)
and Round Rock. Such agreement shall be conclusively inferred for the vendor from lack of exception to
this clause in the vendor's response. However, all parties hereby expressly agree that the City of Round
Rock is not an agent of, partner to, or representative of those outside agencies or entities and that the City
of Round Rock is not obligated or liable for any action or debts that may arise out of such independently -
negotiated "piggyback" procurements.
7.01 NON -APPROPRIATION AND FISCAL FUNDING
This Agreement is a commitment of City's current revenues only. It is understood and agreed
that City shall have the right to terminate this Agreement at the end of any City fiscal year if the
governing body of City does not appropriate funds sufficient to purchase the services as determined by
City's budget for the fiscal year in question. City may effect such termination by giving Services
Provider a written notice of termination at the end of its then -current fiscal year.
8.01 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be made
by City to Services Provider will be made within thirty (30) days of the date City receives goods under
this Agreement, the date the performance of the services under this Agreement are completed, or the date
City receives a correct invoice for the goods or services, whichever is later. Services Provider may
charge interest on an overdue payment at the "rate in effect" on September 1 of the fiscal year in which
the payment becomes overdue, in accordance with V.T.C.A., Texas Government Code, Section
2251.025(b). This Prompt Payment Policy does not apply to payments made by City in the event:
(1) There is a bona fide dispute between City and Services Provider, a contractor,
subcontractor, or supplier about the goods delivered or the service performed that cause the payment to
be late; or
(2) There is a bona fide dispute between Services Provider and a subcontractor or between a
subcontractor and its supplier about the goods delivered or the service performed that causes the payment
to be late; or
(3) The terms of a federal contract, grant, regulation, or statute prevent City from making a
timely payment with federal funds; or
4
(4) The invoice is not mailed to City in strict accordance with any instructions on the
purchase order relating to the payment_
9.01 TERMINATION
This Agreement may be terminated for any of the following conditions:
(1) By City for reasons of its own, with or without cause, and not subject to the mutual
consent of any other party, such written termination notice to be given to the other party not less than
thirty (30) days prior to termination.
(2) By mutual agreement and consent of the parties, such agreement to be in writing.
(3) By either party for failure by the other party to perform the services set forth herein in a
satisfactory manner, such termination notice to be given in writing to the other party.
(4) By either party for failure by the other party to fulfill its obligations herein.
(5) By satisfactory completion of all services and obligations described herein.
Should City terminate this Agreement as herein provided, no fees other than fees due and
payable at the time of termination shall thereafter by paid to Services Provider. City shall pay Services
Provider for all uncontested services performed to date of notice of termination.
If either party defaults in performance of this Agreement or if City terminates this Agreement for
default on the part of the other party, then City shall give consideration to the actual costs incurred by
Services Provider in performing the work to the date of default.
The termination of this Agreement and payment of an amount in settlement as set forth above
shall extinguish all rights, duties, and obligations of City and the terminated party to fulfill contractual
obligations. Termination under this section shall not relieve the terminated party of any obligations or
liabilities which occurred prior to cancellation.
10.01 INDEPENDENT CONTRACTOR STATUS
Services Provider is an independent contractor, and is not City's employee. Services Provider's
employees or subcontractors are not City's employees. This Agreement does not create a partnership,
employer-employee, or joint venture relationship. No party has authority to enter into contracts as agent
for the other party. Services Provider and City agree to the following rights consistent with an
independent contractor relationship:
(1)
Services Provider has the right to perform services for others during the term hereof.
(2) Services Provider has the sole right to control and direct the means, manner and method
by which services required by this Agreement will be performed.
(3) Services Provider has the right to hire assistants as subcontractors, or to use employees
to provide the services required by this Agreement.
(4) Services Provider or its employees or subcontractors shall perform services required
hereunder, and City shall not hire, supervise, or pay assistants to help Services Provider.
5
(5) Neither Services Provider nor its employees or subcontractors shall receive training from
City in skills necessary to perform services required by this Agreement.
(6) City shall not require Services Provider or its employees or subcontractors to devote full
time to performing the services required by this Agreement.
(7) Neither Services Provider nor its employees or subcontractors are eligible to participate
in any employee pension, health, vacation pay, sick pay, or other fringe benefit plan of City.
11.01 NON -SOLICITATION
All parties hereto agree that they shall not directly or indirectly solicit for employment, employ,
or otherwise retain staff of the other during the term of this Agreement.
12.01 WARRANTIES
Services Provider warrants that all services performed hereunder shall be performed consistent
with generally prevailing professional or industry standards, and shall be performed in a professional and
workmanlike manner- Services Provider shall re -perform any work not in compliance with this warranty.
13.01 INDEMNIFICATION
Services Provider agrees to hold harmless, exempt, and indemnify City, its officers, agents,
directors, servants, representatives and employees, from and against any and all suits, actions, legal
proceedings, demands, costs, expenses, losses, damages, fines, penalties, liabilities and claims of any
character, type, or description, including but not limited to any and all expenses of litigation, court costs,
attorneys fees and all other costs and fees incident to any work done as a result hereof.
In no event shall either party be liable to the other for special or consequential damages, statutory
or otherwise.
14.01 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 may assign any rights or delegate
any duties under this Agreement without the other party's prior written approval.
15.01 LOCAL, STATE AND FEDERAL TAXES
Services Provider shall pay all income taxes, and FICA (Social Security and Medicare taxes)
incurred while performing services under this Agreement. City will not do the following:
(1) Withhold FICA from Services Provider's payments or make FICA payments on its
behalf;
(2) Make state and/or federal unemployment compensation contributions on Services
Provider's behalf; or
(3) Withhold state or federal income tax from any of Services Provider's payments.
If requested, City shall provide Services Provider with a certificate from the Texas State
Comptroller indicating that City is a non-profit corporation and not subject to State of Texas Sales and
Use Tax.
16.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES
Services Provider, its consultants, 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. Services Provider shall further obtain all permits, licenses and the like required in
the performance of the services contracted for herein, and same shall belong solely to City at the
expiration of the term of this Agreement.
17.01 FINANCIAL INTEREST PROHIBITED
Services Provider covenants and represents that Services Provider, its officers, employees,
agents, consultants and subcontractors will have no financial interest, direct or indirect, in the purchase
or sale of any product, materials or equipment that will be recommended or required under this
Agreement.
18.01 GRATUITIES AM) BRIBES
City may, by written notice to Services Provider, cancel this Agreement without liability if it is
determined by City that gratuities and/or bribes in the form of entertainment, gifts, or otherwise were
offered or given by Services Provider or its agents or representatives to any City officer, employee or
elected representative with respect to the performance of this Agreement. In addition, Services Provider
may be subject to penalties stated in Title 8 of the Texas Penal Code.
19.01 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 and in that event demand may be made to the other party for written
assurance of intent to perform. In the event that no written assurance is given within the reasonable time
specified when such demand was made, then and in that event the demanding party may treat such failure
as an anticipatory repudiation of this Agreement.
20.01 SERVICES OBTAINED FROM ALTERNATE SOURCES
If Services Provider cannot provide the services as specified, City reserves the right and option to
obtain the services from another source or sources.
21.01 DEFAULT
If Services Provider abandons or defaults under this Agreement and is a cause of City purchasing
services elsewhere, then Services Provider agrees that it may be charged the difference in cost, if any,
and that it will not be considered in the re -advertisement of the service and that it may not be considered
in future advertisements for the same type of work unless the scope of work is significantly changed.
Services Provider shall be declared in default under this Agreement if it does any of the
following:
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(1) Fails to make any payment in full when due;
(2) Fails to fully, timely and faithfully perform any of its material obligations under this
Agreement;
(3) Fails to provide adequate assurance of performance under "Right to Assurance" section
herein; or
(4) Becomes insolvent or seeks relief under or is involuntarily brought under the bankruptcy
laws of the United States.
22.01 STANDARD OF CARE
Services Provider represents that it is specially trained, experienced and competent to perform all
of the services, responsibilities and duties specified herein and that such services, responsibilities and
duties shall be performed, whether by Services Provider or designated subconsultants, in a manner
according to generally accepted industry practices.
23.01 TAXES
City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be included in
Services Provider's charges.
24.01 INSURANCE
Services Provider shall meet all requirements as stated in the attached DB 08-025, Specification
No. 08-988-75 dated January 2008, and Attachment A "City of Round Rock Insurance Requirements,"
and its bid response.
25.01 CITY'S REPRESENTATIVE
City hereby designates the following representative(s) authorized to act in its behalf with regard
to this Agreement:
Todd Keltgen
Public Works Operations Manager
212 Commerce Boulevard
Round Rock, TX 78664
512-218-5583
toddk@round-rock.tx.us
26.01 NOTICES
All notices and other communications in connection with this Agreement shall be in writing and
shall be considered given (1) when delivered personally to the recipient's address as stated in this
Agreement; or (2) three days after being deposited in the United States mail, with postage prepaid to the
recipient's address as stated in this Agreement.
Notice to Services Provider:
International Building Services
Attention: Hye Kim
8204 North Lamar Boulevard, B-16
Austin, Texas 78753
Notice to City:
David Kautz Stephan L. Sheets
Assistant City Manager/CFO City Attomey
221 East Main Street AND TO: 309 East Main Street
Round Rock, TX 78664 Round Rock, TX 78664
Nothing herein shall be construed to restrict the transmission of routine communications between
representatives of City and Services Provider.
27.01 APPLICABLE LAW; ENFORCEMENT AND VENUE
This Agreement shall be enforceable in Round Rock, Texas, and if legal action is necessary by
either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive
venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and
construed in accordance with the laws and court decisions of the State of Texas.
28.01 EXCLUSIVE AGREEMENT
This document, and all appended documents, constitutes the entire Agreement between Services
Provider and City. This Agreement may only be amended or supplemented by mutual agreement of the
parties hereto in writing, duly authorized by action of the City Manager or City Council.
29.01 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 will be sought to be resolved with the help of a mutually selected mediator. If the parties cannot
agree on a mediator, City and Services Provider 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 Services Provider hereby expressly agree that no claims or disputes between the parties
arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration
proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9 USC
Section 1-14) or any applicable state arbitration statute.
30.01 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
9
not prevent this entire Agreement from being void should a provision which is of the essence of this
Agreement be determined void.
31.01 MISCELLANEOUS PROVISIONS
Standard of Care. Services Provider represents that it employs trained, experienced and
competent persons to perform all of the services, responsibilities and duties specified herein and that
such services, responsibilities and duties shall be performed in a manner according to generally accepted
industry practices.
Time is of the Essence. Services Provider understands and agrees that time is of the essence and
that any failure of Services Provider to fulfill obligations for each portion of this Agreement within the
agreed timeframes will constitute a material breach of this Agreement. Services Provider shall be fully
responsible for its delays or for failures to use best efforts in accordance with the terms of this
Agreement. Where damage is caused to City due to Service Provider's failure to perform in these
circumstances, City may pursue any remedy available without waiver of any of City's additional legal
rights or remedies.
Force Majeure. Neither City nor Service Provider shall be deemed in violation of this Agreement
if it is prevented from performing any of its obligations hereunder by reasons for which it is not
responsible as defined herein. However, notice of such impediment or delay in performance must be
timely given, and all reasonable efforts undertaken to mitigate its effects.
Multiple Counterparts. This Agreement may be executed in multiple counterparts, any one of
which shall be considered an original of this document; and all of which, when taken together, shall
constitute one and the same instrument.
IN WITNESS WHEREOF, City and Services Provider have executed this Agreement on the
dates indicated.
City of Round Rock, Texas International Building Services
By: By: 11./(-- 4./`
Printed Name: Printed Name: ) J e 1e I on, K. i IAA
Title: Title: N vo lve Y
Date Signed: Date Signed: 5-- 2. -- 08
Attest:
By:
Sara L. White, City Secretary
For City, Approved as to Form:
By:
Stephan L. Sheets, City Attorney
10
INVITATION FOR BID (IFB
CITY OF ROUND ROCK PURCHASING OFFICE
221 EAST MAIN STREET
ROUND ROCK, TEXAS 75684-6299
SOS ARE 011! TO THE PURCHASING OFFICE
STUN AaOVE ADDRESS BEFORE MD
OPENIND TINE
NVOICE TO:
City of Round Rock
Accounts Payable
221 East Main Street
Round Rock, Texas 78664-5299
BID F.O.B. DESTINATION. FREIGHT PREPAID
AND ALLOWED UNLESS OTHERWISE
SPECIFIED BELOW
DESTINATION:
City of Round Rodc
Various Locations
Round Rock, TX 78664
FACSIMILE RESPONSES
SWILL NOT BEACCEPTED
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MAID COMM COMMA, No
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ADORNS OMDFtak
OWING INFORMATION:
GROUNDS MAINTENANCE SERVICE
IND NUMBER
OPENING WE:
EDO LOCATION:
08-025
3/1112008 at 3.110 P.M.
s2/ E Nail SI»eI, Council Chamber*,
Round Rock, TX fleas
RETURN SIGNED OMG1KAL AND OM COPY OF SBD
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DIM
Nye A! Mm okoi
PEW Name �e
See 1.7 ce Bidding Instructions on pegs 3
TAX iowo.._p - O flC� p/���/f _ ....... __..
L�CMf1L BUSINESS NAME:, �/j�eptj4 � a 5 i 1� [ �If� . HW �' 5
!40DRESS:
efrn
TELEPHONE NO_: _ � 3 c? -4-60
BUSINESS ENTITY TYPE:
"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 16.01 et seq., Texas Business and Commerce Code.
or the Federal antitrust taws, 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 alt conditions set forth in this IFR
Pre -Bid Meeting will be held to clarify any part of the solicitation and answer questions that may be pertinent to the project.
Pre -Bid date: Friday. February 22, 208 Time: 9:00 AM
Location: Council Chambers, 221 East Main Street, Round Rock, TX 78664
EXHIBIT
NAI"
i
INVITATION FOR BID (WB
CITY OF ROUND ROCK PURCHASING OFFICE
221 EAST MAIN STREET
ROUND ROCK, TEXAS 7116114-62119
This is for a fare year agreement with two 12 -month renewal options for grounds maintenance services in accordance with Specification
No.08-988-75, dated Jan -2008 (18 pgs). Quadrants (2 pgs) Attachment A -Insurance (4 pgs.)
NOTE ONE OR MORE AWARDS MAYBE FOR ALL ITEMS LISTED OR IN PART, WHICHEVER IS IN THE BEST INTEREST OF THE CITY_
. - ,BID igair = - . • " _--_ "-'
ITEM #
CLASS & ITEM DESCRIPTION
988-75
QTY
uNrr OF
MEASURE
UNIT
PRICE
EXTENSION
A typical cycle is 30 calendar days for Quadrant 01 thm D4 & P1.
1
Quadrant - D 1
Cost Per Acre $50 x 9024 acres =1 cycle
8
cyder
�k 44.41 ,
"!'
36, 09S.
2
Quadrant - D 2
Cost Per Acre s. X 72.79 acres =1 cycle
8
cycles ,
`�'T
�/ .g,
a)iz. or)
3
Quadrant - D 3
Cost Per Acre $. X 55.06 acres =1 cycle
8
cycles
�tIN , _12b., A
4
Quadrant - D 4
Cost Per Acre $,-S-0 X 86.91 acres =1 cycle
8
cycles
�� , /S^A�
v`fi`'•
r/ , do
�fi
5
Quadrant - P 1
Cost Per Acre $ I- X 29 acres =1 cycle
8
cycles
t UK ‘
i--5440.
A tyPiral cycle is 14calendar days for Quadrant ROW 1 lhru ROW 5.
_
6
Quadrant - ROW 1
Cost Per Acre S X 48.3 acres =1 cycle
16
cycles
65d
/J
�7 4
7
Quadrant-ROW2
Cost Per Acre $S X 46.85 acres =1 cycle
16
cycles
X5176
%6). &
8
Quadrant - ROW 3
Cost Per Acre $ X 19.04 acres =1 cycle
16
cycles
/� - 64/?,
80/,
9
Quadrant - ROW 4
Cost Per Acre $ gS X 29.72 scree =1 cycle
16
cycles
/, 93 /
av
4.-3Q 9p
10
Quadrant -ROW 5
Cost Per Acre i5-... X 54.18 acres =1 cycle
16
cycles
;?8'7.660.
3-5'
GRAND TOTAL+
DELIVERY IN DAYS
2 ors
SPECIFICATION NO.
08-988-75
DATED: JAN 2008
Attach a separate sheet If necessary. All equipment must be equipped with safe guards as outlined by ANSI and
OSHA.
B. WORK REFERENCES
List at least three commercial or governmental references demonstrating your mowing experience within the past
twenty-four months on projects similar to the scope of this contract.
NAME: Wa1nuT Crede C ether (W JT P ) - CI o4 -ET
ADDRESS: ‘' E_ (O Amizt
CITY: 1 k1:5 EYri STATE: `T ZIP: ,(d701
PHONE: Ck .) qtr -a--141'34 FAX: CONTACT: M7 ke Wei di
DESCRIPTION OF PROJECT:
tnr. MQi,4encvfxsz cSery ces . - QD 4rrrs
NAME: AuSL /11 Bio Id- 419
ADDRESS: / 51e5?
„Sep) I Cas
CITY: Pawn 4 9hrI-
PHONE: (k)) ‘•-- 111 FAX:
DESCRIPTION OF PROJECT:
STATE: f 3( ZIP: gr:P J
CONTACT: ChL4 I I j
Crtee)tileA d Ma'vrr{-�*anicc 1/4-Ceinil Les
NAME C47, 04- Ams -til, (W ehh (- iWll at6e)
ADDRESS: / Legbher,J J)e Rcettl
CITY: Ak.t- STATE: 1X ZIP: 10'7O.L
PHONE:[5 ) 97a--.1---8-5-FAX CONTACT: /674 p lEf
DESCRIPTION OF PROJECT:
I/VY1cC 1Y`G;Zm1:=0„,cvncf %_<("M CttS
COMMENTS
14of 16
SPECIFICATION NO.
08-988-75
DATED: JAN 2008
City of Round Rock
BIDDERS QUESTIONNAIRE
Any and al frets considering the Grounds Maintenance Contract, must complete and submit the information
requested below. This is a part of the bid and bidders who fall to submit thht information will be considered
non-responsive. c
CONTRACTOR NAME SA '4014 1MA Bella-0a�-1Iam,,
v
PHYSICAL ADDRESS OF EQUIPMENT t2 4 1 `► . Laffnar 8Wd., a-1(
T3C 73)/1-5 3
TELEPHONE C�l.R13 - 46 6 FAX C i 4 a&A
EMAIL y r $o io h0-Em>4 t 1 , fo)N) DATE 03 -- I% -- X08
State the number of years your firm has provided landscape maintenance and mowing
services 7 Years.
State the number of employees who will be designated to work on this contract /-2-
Develop a plan of action for assignment of your crew. List the man-hours needed to perform the contract
requirements for each crew member.
Cb Dpetertk✓e w►s
n C &Men cwstt51A-1- )Ul �0E1► ` �- �r /'moo P �t vr,rmtc}
1 'r C-r14�r
one cry lakes care 04 - A cr$.
A. EQUIPMENT UST
(List all equipment you plan to dedicate to this project(s))-
- T,-4ck — ►
• Tr. iter -,
t r VAMP ou4 -rot nnaher — 1 (1 yeew 014)
• Duk.meow etc -3 C--- year old)
• am poked i,low Plc -- (-1year and.)
• 4aA P0.0 erect *worm ev — a' CIS year old)
&Lis. Po erea C- er - 1.year 4,18)
130116
SPECIFICATION NO.
08-988-75
DATED: JAN 2008
1
Sample A - "Notice To Proceed" Document
City of Round Rock
NOTICE TO PROCEED
TO: JOHN Q. CONTRACTOR. LAWN MOWER CONSTRUCTION
FROM: CITY INSPECTOR
SUBJECT: START OF MOWING CONTRACT. CYCLE XX
DATE: APRIL 1.2008
This is the official notice to proceed with grounds maintenance of Quadrant ROW 1. Please review the specifications
in the contract and begin this cycle. ROW 1 must be completed to contract specifications by April 14 2008.
Contract specifications wiU be strictly enforced for the duration of this contract.
Remember to dean off curbs and sidewalks. Notify this office of any large piles of debris.
Fax daffy "Work Record Summary "of completed areas to: Fax number is 512-218-6548.
If you have questions please call me at 512-218-5547.
..intermtimel PstA11 Selrritt:5
Contractor Name �t
Authorized Repre five Signature City Inspector Signature
e K:zw.
Prtht Nam Print Name
�aoq
Date
Date
Note: Notice to Proceed must be signed and dated and have the appropriate Work
Summary reports turned in to City inspector before another Notice to Proceed is issued.
15 of 16
Sample B — "Work Record Summary"
City of Round Rock
SPECIFICATION NO.
08-988-75
DATED: JAN 2008
WORK RECORD SUMMARY
TO: CITY OF ROUND ROCK INSPECTOR
FAX No. J512) 218-5548 Phone: (5121 218-5547
FROM: JOHN Q. CONTRACTOR, LAWN MOWER CONSTRUCTION
SUBJECT: WORK RECORD SUMMARY. CYCLE XX
DATE: APRIL 2.2008
DAILY WORK SUMMARY:
LOCATION DESCRIPTION
ACRES
QUADRANT
TIME
COMPLETE DATE
University Bard Oakmont to CR
48
ROW 1
1:46 pm
April 2, 2008
16 of 16
1
1
1, •
IFB No. 08-025
CITY OF ROUND ROCK, TEXAS
INVITATION FOR BID ADDENDUM
GROUNDS MAINTENANCE SERVICES
Addendum No. 1 Date of Addendum: February 25.200@
The following items in the IFB identified above have been changed:
The attached "Quadrants - Rights Of Way" has been revised to include Mapsco Grid and
replaces current "Rights Of Way" quadrant listing.
The attached "Quadrants - Drainage/Parks" with attached maps has been revised to include
Mapsco Grid and three park maps (Woods, Somerset & Hidden Glenn) replaces current
"Drainage/Parks" quadrant listing.
Clarification - Bid -opening date is scheduled for March 11, 2008 at 3:00 p.m.
All other terms and conditions of this IFB and specifications remain unchanged.
Approved by CO
By the signatures affixed below, Addendum No. 1 is hereby incorporated into and made a part
of the above referenced IFB.
ACKNOWLEDGED
Vendor
ices / b3-1/off
Authorized Signature g Date
RETURN ONE COPY OF THIS ADDENDUM TO THE PURCHASING OFFICE, CITY OF
ROUND ROCK WITH YOUR SEALED BID. FAILURE TO DO SO MAY CONSTITUTE
GROUNDS FOR REJECTION OF YOUR BID.
BIDDER INSTRUCTIONS
ITEMS BELOW APPLY TO AND BECOME A PART OF TERMS AND CONDITIONS OF BID
ANY EXCEPTIONS THERETO MUST BE IN WRITING
1. BIDDING REQUIREMENTS:
1.1 Bidding requires pricing per unit shown and extensions. If trade discount is shown on bid, it should be deducted and net line extensions shown. Bidders guarantees
pmduct offered will meet or exceed specifications identified In this Invitation For Bid (IFB).
12 Bids should be submitted on this form. Each bid shalt be placed in a separate envelope completely end properly identified. See instructions on IFB. Bids must be In the
Purchasing Office before the hour and date specified on the IFB.
1.3 Late bids properly identified will be returned to bidder unopened_ Late bids will not be considered.
1.4 Bid F.O.B. destination, freight, prepaid, & allowed unless otherwise specified on the IFB. If otherwise, show exact cost to deliver.
1.5 Bid unit price on quantity and unit of measure specified, extend and show total. In case of errors in extension, unit prices shall govern. Bids subject to unlimited price
increase will not be considered.
1.6 Bid prices shall be firm for acceptance 30 days from bid opening date. "Discount from List' bids are not acceptance unless requested. Cash discount will not be
considered in determining the low bid. Al cash discounts offered will be taken if earned_ bid shall show tittle and authorityto bind
1.7 Bids shall give Tax Identification Number, fui name and address of bidder. Failure to sign will disquaify bid. Person signing
signatories firm in a contract. Firm name should appear on each page In the block provided in the upper right comer. Business Entity shall be one (1) of the following:
Individual, Partnership, Sole Proprietorship, Estate/Trust, Corporation, Governmental. Non-profit, all others shall be specified. INDIVIDUAL: List name and number as
shown on Social Securely Card. SOLE PROPRIETORSHIP; list legal name followed by legal business name and Social Security Number. ALL OTHERS; List legal name
of entity and Tax Identification Number (Tin).
1.8 Bid cannot be altered or amended after opening time. Any Alterations made before opening time shall be initialed by bidder or an authorized agent No bid can be
withdrawn after opening time without approval of the CITY based on a wrrlten acceptable reason.
1.9 The City is exempt from State Sales Tax and Federal Excise Tex. Do not incfudetax in bid.
1.10 The City reserves the right to accept or reject all or any part of bid, waive minor technicalities and award the bid to best serve the interests of the City. Split awards may be
made at the sole discretion of the City.
1.11 Consistent and continued tie bids could cause rejection of bids by the City and/or investigation for antitrust violations.
1.12 Telephone bids and facsimile bids are not acceptable in response to the 1FB.
1.13 CAUTION: Bid Invitation allows sufficient time for receipt of the preferred mak response. The City shall not be responsible for bids received late, Magi*, incomplete, or
otherwise non-responsive
2. SPECIFICATION:
2.1 Any catalog, brand name or manufacturer's reference used in IFB is descriptive only (not restrictive), and is used to indicate type and quality desired. Bids on brands of Ike
nature and quality will be considered unless advertised under the provisions of Section 252.022 oldie Texas Local Government Code. If other than brand(s) specified is
offered, illustrations and complete descriptions of product offered are requested to be made a part of the bid. If bidder takes no exceptions to specifications or reference
data in bid, bidder will be required to furnish brand names, numbers, etc, as specified in the IFB.
2.2 All items bid shall be new, in first class condition, including containers suitable for shipment and storage, unless otherwise indicated in IFB. Verbal agreements to the
contrary will not be recognized.
2.3 Samples, when requested, must be furnished free of expense to the City. If not destroyed In examination. they wit be returned to the bidder, on request, at bidder expense.
Each example should be marked with bidders' name and address, City bid number and code. Do not enclose In or attach to bid.
2.4 The City will not be bound by any oral staternent or representation contrary to the written specifications of this IFB.
2.5 Manufacturer's standard warranty shall apply unless otherwise stated in the IFB.
3. TIE BIDS: In case of tie bids. the award will be made in accordance with Section 271.901 of the Texas Local Government Code.
4. DELIVERY:
4.1 Bid should show number of days required in place material in City's designated location under normal conditions. Failure to state deliver time obligates bidder to complete
delivery in fourteen (14) calendar days. Unrealistically short or long delivery promises may cause bid to be disregarded. Consent failure to meet delivery promises
without valid reason may cause removal from bid list. (See 4.2 following.)
4.2 1f delay is foreseen, contractor shall give written notice to the City. The City has the right to extend delivery date it reasons appear `rand. Contractor must keep the City
advised at all times of status of order. Default in promised delivery (without acceptable reasons) or failure 10 meet specifications, eudhorizes the City to purchase supplies
elsewhere and charge full increase, if any, In cost and handling to defaulting contractor.
4.3 No substitutions or cancellations permitted without written approval of the City.
4.4 Delivery shall be made during normal working hours only, unless prior approval for late delivery has been obtained from the City, unless otherwise specified in the IFB.
5. INSPECTION AND TESTS: All goods will be subject to inspection and test by the City to the extent practicable at all times and places. Authorized Cly personnel shall have
access to any supplier's place of business for the purpose of Inspecting mercfrandlse. Tests may be performed on samples submitted with the bid or on samples taken from
regular shipments. If the products tested fait to meet or exceed all conditions and requirements of the specifications, the cost of the sample used and the cost of the testing shall
be bome by the supplier. Goods, which have been delivered and rejected In whole or in part may, at the City's option, be retuned to the Vendor or held for disposition at Vendors
risk and expense. Latent defects may resuk in revocation of acceptance.
6. AWARD OF CONTRACT: A response to an iFB is an offer to contract with the City based upon the terms, conditions, and specifications contained in the IFB. Bids do not become
contracts unless and unfit they are accepted by the City through its designates and a purchase order Is issued_ The contract shall be governed, construed, and interpreted under
the Charter of the City and the taws of State of Texas. Al contracts are subject to the approval of the City Council or Manager.
7. PAYMENT: Vendor shall submit three (3) copies of an Invoice showing the purchase order number on al copies.
8. PATENTS AND COPYRIGHTS: The contractor agrees to protect the City from claims Involving infringements of patents or copyrights.
9. VENDOR ASSIGNMENTS: Vendor hereby assigns to purchaser any and all claims for overcharges associated with this contract, winch arise under the antitrust laws of the State
of Texas. Tx, Bus. And Comm. Code Ann. Sec. 15.01, et seq. (1967).
10. BIDDER AFFIRMATION:
10.1 Signing this bid with a false statement is a material breach of contract and shall void the submitted bid or any resueing contracts, and the bidder shall be removed from all
bid lists. By signature hereon affixed, the bidder hereby certifies that I discount tip, favor,
10.2 The bidder has not given, offered to give, nor intends to give any time hereafter any economic opportunity, future employment. gift, loan, gratuity, specie
or service io a pubic servant in connection with the submitted bid.
10.3 The bidderisnot currently delinquent in the payment of any debt owed the City.
10.4 Neither the bidder nor the firm, corporation, partnership, or any entity represented by the bidder, or anyone acting for such tkrn, corporation, or entity has violated the
antitrust laws of this State codified in Section 15.01 et. Seq. Texas Business and Commercial Code, or the Federal Antitrust Laws, nor communicated directly or ndirectly
the bid made to any competitor, or any other person engaged in such tine of business.
10.5 The bidder has not received compensation for participation in the preparation of the specification for this IFB.
11. NOTE TO BIDDERS: Any terms and conditions attached to bid will not be considered unless the bidder specifically references them on the front of this
bld on .WARNIemedies, NG:} uch
terms and conditions may result n disqualification of the bid (e.g. bids with the laws of a state other than Texas requirements for prepayment.
City of Round Rock can only accept bids which contain all the terms and conditions of its formal IFB; in paiticular, al bidders affirmations and certifications must be ktduded.
Submission of bids on forms other than City bid fan may result in disqualification of your bid.
12. INQUIRIES: Inquiries pertaining to bid invitations must give bid number. codes, and opening date.
Bidder Instructions Page 3 of 3
Rev.: 04-04-05
SPECIFICATION NO.
08-988-75
DATED: JAN 2008
CITY OF ROUND ROCK
GROUND MAINTENANCE SERVICES
PART 1
GENERAL
1. PURPOSE: The City seeks to establish a multiple year contract with a responsible bidder that has the
means and ability to maintain the grounds on the City's right of ways, drainage/retentions and parkland.
Vendor shall provide services to include, but not limited to mowing, edging and trimming, raking, removing
and disposing of litter as needed and in the specified time period throughout the term of the contract.
2. DEFINITIONS: The following definitions will be used for identified terms throughout the specification and bid
document:
2.1. (3idder identified throughout this specification shall describe persons and entities that consider
themselves qualified to provide the goods, equipment or services.
2.2. City identifies the City of Round Rock, Travis and Williamson County, Texas.
2.3. Agreement is a mutually binding legal document obligating the Vendor to fumish the goods,
equipment or services, and obligating the City to pay for it.
2.4. Vendor — (Sometimes referred to as Contractor) A person or business enterprise providing goods,
equipment, labor and/or services to the City as fulfillment of obligations arising from a contract or
purchase order.
2.5. Goods represent materials, supplies, commodities and equipment.
2.6. Purchase Order is an order placed by the Purchasing Office for the purchase of Goods 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 authority to deliver and invoice the City for
Goods or Services specified, and the City's commitment to accept the Goods or Services for an
agreed upon price.
2.7. Services - work performed to meet a demand. The furnishing of labor, time, or effort by the vendor
and their ability to comply with promised delivery dates, specification and technical assistance
specified
2.8. Subcontractor - Any person or business enterprise providing goods, labor, and/or services 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.
3. GROUNDS MAINTENANCE DEFINITIONS:
3.1. Vegetation shall refer to plant life and/or material
3.2. Quadrant shall refer to geographic area(s) of the City designated to receive specified grounds
maintenance services. This area includes medians, rights-of-way drainage/retentions and parks.
3.3. Maintenance Schedule shall mean the time periods established for the service.
3.4. Maintenance Cycle shall refer to each time period in the maintenance schedule for the service year.
A beginning and ending date, in which all prescribed maintenance activities for each quadrant shall
be completed, define each time period. A typical cycle for:
3.4.1. Medians and Right of Ways is 14 calendar days.
3.4.2. Drainage/retention areas and parklands is 30 calendar days.
3.5. Inspector shall mean the City's authorized designee, who shall monitor the Contractor's progress
within the Quadrant Area he is assigned. The inspector shall have no duty to inspect, but may
inspect at his discretion.
3.6. Inclement Weather shall mean wet or rainy weather when the condition of the soil is such that the
rutting of property will not allow cutting of grass to be accomplished satisfactorily. This
determination shall be made at the sole discretion of the City
Page 1 of 16
SPECIFICATION NO.
08-988-75
DATED: JAN 2008
3.7. Production Rate - Shall refer to the acreage to be maintained per day. The production rate shall be
calculated in the following manner.
ACREAGE IDENTIFIED TO BE MAINTAINED
NUMBER OF DAYS REMAINING IN CYCLE = PRODUCTION RATE
For the purpose of this Contract the minimum production rate shall be 10 acres per day.
3.8. Trash and Litter - Shall mean any debris within the Quadrant Area such as paper, cans, bottles,
limbs four (4") inches diameter or smaller, trash bags, rocks, etc., which is not intended to be
present as part of the landscape. The Quadrant Area includes streets, sidewalks, curbs, catch
basins, gutters, hillsides, ditches, etc. Removal of debris shall require sweeping or blowing off of
hard surfaces such as sidewalks and concrete noses of medians. •
3.9. Litter Removal Cycle - Shall mean the removal of trash and litter from the assigned Quadrant Areas
as determined by the City's Inspector. The issuance of a work order for litter removal only does not
require mowing, trimming, edging, etc.
3.10. Trimming - Shall refer to the cutting or removal of vegetation immediately adjacent to or under
Quadrant Area structures, poles, trees, signs, fences, planting beds, etc. Trimming may be
accomplished by manual or chemical means.
Also, indudes removal of vegetation from expansion joints and any other cracks in curbs, sidewalks
(both sides), driveways and any other concrete surface within the median or rights of way.
Chemical Trimming shall refer to the use of a herbicide (such as Roundup and/or approved equal
containing a pre -emergent such as Oust or an approved equal) as an alternative to the physical
removal or cutting of plant material from areas to be trimmed.
3.11. Edaina - Shall refer to the vertical removal of any and all plant material , which encroaches over or
onto sidewalks (both sides), curbs, steps. driveways. and pavements. Edge cut shall remove
vegetation from concrete surfaces.
3.12. Scalping - Shall refer to any action resulting in the mowing of any turf area below a three-inch (3')
height down to and including the soil.
3.13. Shrub/Flower Beds - Shall mean any purposefully planted domestic, ornamental plant growth.
3.14. Mulch Areas or Tree Wells - Shall refer to those areas adjacent to trees, shrub beds, and other
purposefully planted landscape areas in which all plant growth is removed and a protective covering
of organic substances is placed to prevent evaporation of moisture, control weed growth, prevent
mechanical damage to landscape and for aesthetic reasons.
3.15. Work Record Summary - Shall mean a written record detailing times and locations of when the
contractor and employees were on the job site completing work per contract specifications.
3.16. Median- Shall mean the center island of the listed streets from curb line to curb line plus all traffic
triangles, where they exist, on sides of the intersections. This includes curb gutter joints where the
curb meets the roadway and concrete paved areas from end of grass to the curb.
3.17. Rights of Way- Shall mean the area extending from the right or left of the center line of the road bed
or paved surface to the nearest property line; that indudes but is not limited to curbs, sidewalks,
walkways, drainage ditches, burrow ditches and any other areas owned, dedicated, used or
reserved for public use.
3.18. Detention Pond- storage of storm runoff for a controlled release during or immediately following a
storm.
Off-site detention - A detention pond located outside the boundary of the area it serves.
On-site detention - A detention pond which is located within the specific site or subdivision it serves.
On -stream detention - The temporary storage of storm runoff behind embankments or dams
located in a channel.
Regional detention - Detention facilities provided to control excess runoff based on a watershed -
wide hydrologic analysis
3.19. Drainage Channel A channel built with unvarying cross section and constant bottom slope.
3.20. Parkland: Is property owned by the City that is dedicated for recreational use.
CLARIFICATION: For darification of specification, bidders may contact:
Page 2 of 16
SPECIFICATION NO.
08-988-75
DATED: JAN 2008
Carolyn Brooks, CPPB
Purchasing Division
(512)218-5457
cm b218@round-rock.tx. us
The individual listed above may be contacted by telephone, e-mail, or visited 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 through the Purchasing Division.
5. CONFLICT OF INTEREST: Effective January 1, 2006, Chapter 176 of the Texas Local Government Code
(House Bill 914) requires that any vendor or person considering doing business with a local govemment
entity disdose the vendor or person's affiliation or business relationship that might cause a conflict of interest
with a local govemment entity. The Conflict of Interest Questionnaire form is available from the Texas Ethics
Commission at www.ethics.state.tx.us. Completed Conflict of Interest Questionnaires may be mailed or
delivered by hand to the City Secretary. If mailing a completed form, please mail to:
City of Round Rock
City Secretary
221 East Main Street
Round Rock, Texas 78664
5.1. Any attempt to Intentionally or unintentionally conceal or obfuscate a conflict of interest
may automatically result in the disqualification of the vendor's proposal.
PART 11
GENERAL CLAUSES AND CONDITIONS
1. LABOR: The Vendor shall provide all labor and goods necessary to perform the service. The Vendor shall
employee all personnel for work in accordance with the requirements set forth by the United States
Department of Labor.
2. EXCEPTIONS: Any variation from this specification must be indicated on the bid or on a separate
attachment to the bid. The sheet shall be labeled as such_
3. STANDARDIZATION: The City of Round Rock is committed to procuring quality goods and equipment. We
encourage manufacturers to adopt the International Organization for Standardization (ISO) 9001-9003, latest
revision 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 within these standards can result in reduced
production costs, higher quality products, and more efficient use of energy and natural resources.
Manufacturers should note that future revisions to this specification might require ISO certification.
4. ENVIRONMENT: It is the intent of the City to purchase goods and equipment having the least adverse
environmental impact, within the constraints of statutory purchasing requirements, departmental needs,
availability, and sound economical considerations. Suggested changes and environmental enhancements
for possible inclusion in future revisions of this specification are encouraged.
5. DAMAGE: The Vendor shall be responsible for damage to the City's equipment and/or property, the
workplace and its contents by its work, negligence in work, its personnel and equipment. The Vendor shall
be responsible and liable for the safety; injury and health of its working personnel while its employees are
performing service work.
6. WORKPLACE: The City is committed to maintaining an alcohol and drug free workplace. Possession, use,
or being under the influence of alcohol or controlled substances by Vendor, Vendor's employees,
subcontractors) or subcontractor (s') employees while in the performance of the service is prohibited.
Violation of this requirement shall constitute grounds for termination of the service.
7. BEST VALUE EVALUATION: All bids received shall be evaluated based on the best value for the City. Best
value will be determined by considering all or part of the criteria listed, as well as any relevant criteria
specifically listed in the solicitation.
7.1. Bid price
7.2. Reputation of the bidder and of bidder's goods and services.
7.3. The quality of the bidder's goods or services.
7.4. The extent to which the goods or services meet the City's needs
Page 3 of 16
SPECIFICATION NO.
08-988-75
DATED: JAN 2008
7.5. 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 meet specifications, poor quality,
poor workmanship, late delivery.
7.6. The total long-term cost to the Municipality to acquire the bidder's goods or services.
EX PARTE COMMUNICATION: Please note that to insure the proper and fair evaluation of a bid, the City
of Round Rock prohibits ex parte communication (e.g., unsolicited) initiated by the Bidder to the City Official
or Employee evaluating or considering the bids prior to the time a bid decision has been made.
Communication between Bidder and the City will be initiated by the appropriate City Official or Employee in
order to obtain information or clarification needed to develop a proper and accurate evaluation of the bid. Ex
parte communication may be grounds for disqualifying the offending Bidder from consideration or award of
the bid then in evaluation, or any future bid.
9. PRICE: The contract price bid shall be firm for the duration of the contract or extension periods. No
separate line item charges shall be permitted for either bidding or invoice purposes, which shall include
equipment rental, demurrage, all cost associated with obtaining permits or any other extraneous charges.
10. PRICE ADJUSTMENT: The City may permit "unit price" adjustments upward, only as a result of a cost
increase in goods or services in accordance with the Producers Price Index located at
httwJ/stats.bls.govtppi/home.htm. 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 excess of the allowable percentage change at any time.
11. AGREEMENT: The term of the Agreement resulting from the solicitation may be for five consecutive 12
month periods of time from the effective date and shall remain in full force and effect unless and until it
expires by operation of the term stated or until terminated or extended as provided herein. The City reserves
the right to:
11.1. Renew the Agreement for two additional periods of time not to exceed twelve months for each
renewal provided bother parties agree.
11.2. Review the following at the end of each twelve-month period or renewal:
11.2.1. Vendor performance
11.2.2. Price
11.2.3. Continuing need
11.2.4. Advancements in technologies and or service
11.3. The City may terminate the Agreement with or without cause or may continue through to the next
twelve-month review or renewal period.
12. 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 goods and or services
needed to satisfy operating requirements, which may be more or less than indicated.
13. INTERLOCAL COOPERATIVE CONTRACTIN: Other governmental entities within the State of Texas may be
extended the opportunity to purchase off of the City of Round Rock's solicitation, with the consent and agreement
of the successful vendor(s) and the City of Round Rock. Such consent and agreement shall be conclusively
inferred from lack of exception to this clause in vendor's response. However, all parties indicate their
understanding and all parties hereby expressly agree that the City of Round Rock is not an agent of, partner to, or
representative of those outside agencies or entities and that the City of Round Rock is not obligated or liable for
any action or debts that may arise out of such independently negotiated "piggyback' procurements.
14. NON -APPROPRIATION: The resulting Agreement is a commitment of the City's current revenues only. It is
understood and agreed the City shall have the right to terminate the Agreement at the end of any City fiscal
year if the governing body of the City does not appropriate funds sufficient to purchase the estimated yearly
quantities, as determined by the City's budget for the fiscal year in question. The City may effect such
termination by giving Vendor a written notice of termination at the end of its then current fiscal year.
15. 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 period of time not to exceed 120 days after
written notification. Termination under this paragraph shall not relieve the Vendor of any obligation or liability
that has occurred prior to cancellation. NOTE: This Agreement is subject to cancellation, without
penalty, at any time the City deems the vendor to be non-compliant with contractual obligations.
16. ABANDONMENT OR DEFAULT: A Vendor who abandons or defaults the work on the Contract and causes
the City to purchase the services elsewhere may be charged the difference in service, if any and shall not be
Page 4 of 16
SPECIFICATION NO.
08-988-75
DATED: JAN 2008
PART i11
SPECIFICATIONS
1. SCOPE: This specification describes a service to maintain the grounds on the City's medians, right of ways,
drainage/retention areas and parkland. Services shall include all labor and goods needed to mow, edge,
trim, remove and dispose of litter in the speed time to maintain and establish a good appearance to City
grounds that discourages dumping and undesirable activities. A listing of the quadrant areas to be
maintained is attached.
2. STATEMENT OF INTENT: These specifications cover only the general requirements as to the performance,
as well as certain detalts to which the successful bidder shall conform. Bidders shall be responsible for the
maintenance of several sites on a schedule and provide service as determined in the notice to proceed per
the City's instructions and deliver a service that meets or exceeds all of the requirements herein.
3. PRE-BID MEETING: A pre-bid meeting will be held to clarify any parts of the solicitation and answer
questions. Date, time and location of the pre-bid meeting will be stated on the solicitation.
3.1. Any significant changes to the solicitation as a result of the discussions at the pre-bid conference
will be posted on the web site at: roundrocktexas.00v/bids
4. SITE VISITS. Each bidder is encouraged to visit all mowing locations to determine size and site conditions.
The act of submitting a bid is to be considered acknowledgement by the bidder that they have visited the
site, taken field measurements and are familiar with the conditions and requirements affecting the work.
Failure to do so will not relieve the successful bidder of his obligation to furnish all materials and labor
necessary to carry out the requirements as set forth in these specifications.
5. BIDDER QUALIFICATIONS: The opening of a bid will not be construed as the City's acceptance of such
bidder as qualified and responsible. All bidders shall:
5.1. Have adequate organization, facilities, equipment and personnel to ensure prompt and efficient
service to the City.
5.2. Have a minimum of five consecutive years experience in landscape maintenance, which includes
manicured grass maintenance, shrub and bed maintenance, planting and maintenance of trees.
5.3. Have successfully completed a landscape maintenance contract of similar size and scope.
5.4. Provide a written operational plan outlining bidders proposed work schedule to ensure
compliance of cycle time. Any response submitted without an operational plan will not be
considered for award.
5.5. Provide completed "Bidders Questionnaire" attached
5.6. Submit with their bid, a list of equipment to be used for this contract. The list of equipment
should include year, model, make and number of used hours on all equipment to be used.
The City has the right to inspect all equipment dedicated for use on this service prior to
award of the bid. During inspection, the bidder shall have all equipment that is dedicated to
the service on hand or have original receipt of purchase or lease to show ownership. All
equipment the bidder is committing to this service, if awarded, should be included in the
listing. Experience has shown that it Is essential to have back-up equipment to allow for
breakdowns.
5.7. Provide references to include the name, address, telephone number and point of contract of at least
three entities for which the bidder has performed similar service and or utilized the exact technology
within the past three years. Any negative responses received may result in disqualification of bid.
5.8. Identify any subcontractors to be used for this service. Experience, qualifications and references of
the subcontractors shall be submitted. The City reserves the right to approve or disapprove all
subcontractors prior to any work being performed.
6. CONFIDENTIALITY OF CONTENT: All bid contents submitted in response to this iFB shall be held
confidential until a contract is awarded. Following the contract award, bids 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.
6.1. 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 part of the bid, which the
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SPECIFICATION NO.
08-988-75
DATED: JAN 2008
Bidder believes to be confidential. Vague and general Maims as to confidentiality shall not be
accepted. All bids and parts of bids that are not marked as confidential will be automatically
considered public information after the contract is awarded.
7. SERVICE REQUIREMENTS: The vendor shall:
7.1. Obtain and provide all supervision, labor, equipment, services, fuel, oil, incidentals, permits,
notifications and related items necessary to complete the work as required by this specification.
7.2. Furnish all tools, hard hats, safety vests, rubber boots, gloves, transportation to and from the work
area, and all other safety materials or devices necessary to perform the work in a safe and orderly
manner.
7.3. Have an on-site supervisor at the site any time work is performed.
7.4. Protect all existing and newly installed work, materials, equipment, improvements, utilities,
structures, and vegetation. Any property or incidentals damaged shall be repaired or replaced to
the satisfaction of the City and at Contractor expense.
7.5. Work shall be performed on a schedule defined by the City. It is anticipated that the mowing
season will begin about April 1st and end by October 30th.
7.6. All work shalt be performed in a professional workmanlike manner.
8. CITY RESPONSIBILITY: City will:
8.1. Appoint a City inspector.
8.2. Monitor and inspect the ground maintenance at designated parcels.
8.3. Coordinate all work with the vendor.
8.4. The City retains the authority to cancel maintenance cycles at any time. The cancellation will be
based upon need and prevailing weather conditions. It is assumed that the Vendor will be notified
of any cancellation(s) at such time that a Notice to Proceed is issued for any maintenance cycle.
8.5. The City reserves the right to rearrange the mowing cycle and locations within the City at any time.
This determination will be made by the City and communicated to the Vendor in wilting via e-mail or
fax.
9. EQUIPMENT: Prior to commencement of work, all equipment may be examined and approved by a City
authorized designee. The City reserves the right to randomly inspect all equipment at any time during the
term of the agreement or any extension period.
Recommended minimum equipment for each Quadrant is:
2- out -front type mowers 4- gas powered string trimmers
2- gas powered blowers 1- vehicle (van or truck)
1- trailer to transport mowers 2- gas -powered edgers
9.1. Insufficient and/or inadequate equipment as determined by the City is cause for rejection of any and
all bids.
9.2. All medians shall be mowed with an out -front type mower. No tractors, brush hogs, 580-D or similar
type equipment shall be used on City medians.
9.3. All mowers shall be equipped with either safety chains or the manufacturer's safety device to
prevent mower thrown objects.
9.4. Chain shall be a minimum of 5/16 inches in size and links spaced side by side around the mower's
front, sides, and rear.
9.5. Maximum cutting widths for rigid frame rotary mowers shall be 108 inches.
9.6. All mowers shall be kept in good operating condition and shall be maintained to provide a clean,
sharp cut of vegetation at all times.
NOTE: The City inspector will approve hinged or batwing mower cutting widths before use.
10. WORK ORDERS. ASSIGNMENTS AND INSPECTION OF WORK:
10.1. Work added or deleted shall be specified by medians, rights-of-way drainage/retentions and parks.
Jointly, representatives of the City and the Vendor shall measure the drainage ditch areas added or
deleted to determine the exact acreage. Such measurements shall be documented and signed by
both the City and Contractor.
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SPECIFICATION NO.
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DATED: JAN 2008
10.2. Inspectors Duties The City may make inspections, re -inspections, monitor Contractor activities,
ensure the work performed in the assigned Quadrant is done to the quality level prescribed in this
Contract and in accordance with prescribed time schedules; however the City's Inspector has no
duty or obligation to make inspections. Upon determination of any violation of the specifications
and/or terms of this contract, the Inspector will record, process, and submit all pertinent information
to the City's Contract Administrator for appropriate action.
10.3. Notice To Proceed and Payment: Notice To Proceed for each cycle will be issued from the City's
authorized designee. See Sample A attached. The Notice To Proceed will:
10.3.1. Be issued before work is to begin in the Quadrant Area and will follow the schedule of
maintenance cycles as closely as possible.
10.3.2. Consist of a written list of specified areas of land designated for grounds maintenance.
10.3.3. Be considered complete when all work has been inspected and approved by the Inspector
and has been signed by both the Inspector and Contractor indicating that agreement
exists as to the information shown on the Notice To Proceed. Such information shall
consist of grounds maintenance locations, acreage actually maintained, and the
acceptability of the maintenance activities performed.
10.3.4. Be dated, certified, and signed by the Contractor and Inspector. Payment will be
authorized upon receipt of Approved Notice To Proceed to the City's authorized designee
after each cycle along with an invoice on Contractor's letterhead.
It shall be mandatory that all Notice To Proceeds be completed after the end of each cycle,
before another Notice To Proceed may be issued. Failure to obtain Notice To Proceed prior
to beginning the next cycle may be considered a breach of contract.
10.4. Work Record Summary: Shafl accompany the Notice To Proceed detailing dates, times, and
locations of when work was completed per Contract specifications. No Notice To Proceed will be
approved without this information attached nor will a new Notice To Proceed be issued until all
terms and conditions of the prior Notice To Proceed are satisfied. See Sample B attached.
10.5. Daily Contact: The Contractor should make daily contact with the City's inspector, at a time
mutually agreed upon by the Inspector and the Contractor_ This daily contact Is for discussing
areas to be maintained, Contractor's work schedule for the day, areas to be inspected for approval,
and Notice To Proceeds that need to be signed. Failure to contact the City's Inspector on a
daily basis may constitute a breach of Contract.
10.6. Time to Complete Work: Upon issuance of a Notice To Proceed, Contractor shall begin work and
proceed with all reasonable dispatch to completion. The Contractor shall be required to maintain all
quadrant areas assigned in the time allotted (maintenance cycle) for each Quadrant area. Work
started within a quadrant should be completed in consecutive days.
Inclement weather may result in the cancellation of a mowing cycle. The Inspector will be
responsible for cancellation of cycles.
10.7. Maintenance Schedule: All Quadrants shall be maintained according to the maintenance schedule
assigned. Failure on the part of the Contractor to maintain the required production rate for a
Quadrant Area shall be sufficient reason for the City's Inspector to have the work in question or
portions thereof completed by others if the Contractor fails to cure the default within forty-eight (48)
hours of written or verbal notice of the default.
10.7.1. Failure to maintain the mowing schedule shall be determined in the following manner:
10.7.1.1. Contractor shall correct any deficiencies in work within 48 hours of written or
verbal notification. In the event the Contractor faits to correct the default to the
satisfaction of the City within the specified time, or such greater time as the City
may permit, the City shall exercise all rights, including the right to terminate the
Contract in whole or part.
10.7.1.2.A portion or portions of the work may be removed from Contractor's responsibility
and may be reassigned to another contractor.
10.8. Assessment of Damage to Trees During Grounds Maintenance Operations:
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SPECIFICATION NO.
08-988-75
DATED: JAN 2008
10.8.1. The City and Contractor should inspect, upon Contract award, all trees for existing
damages prior to conducting any work activity in the assigned Quadrant Observed tree
damage shall be documented by memo to the City's Inspector.
10.8.2. The assigned Inspector may check trees in the Contract area before work begins, and
random checks may be carried out during the Contract period at the option of the City_
10.9. Protection of Existing Sites, Structures and Utilities: Where performance of maintenance activities
endangers adjacent sites, structures and utilities, the Contractor shall at his own expense carefully
protect all such sites, structures and utilities so that there will be no loss or utilities service damage.
In case of damage to existing sites, structures or utilities, the Contractor shall restore the site,
structure or utility to its original condition and position without compensation from the City.
11. MOWING: Quadrants shall be mowed, trimmed and edged as specified upon notification of the City's
Inspector through the Contract period and any extension period.
11.1. Alt Trash and litter shall be removed from the entire area prior to initiating any mowing of the turf
areas.
11.2. All turf shall be cut at a height of three (3) to four (4) inches.
11.3. Detention/ Retention Ponds and Parkland shall be mowed monthly upon notification of the City's
Inspector thorough the contract period.
11.3.1. All mowing equipment shall be of rotary type mowers equipped with sharp blades so as
not to tear, but cleanly cut the blades of grass. All grass shall be cut at a height of 3-4".
11.4. Medians and Right-of-Wav shall be mowed, trimmed an edged once every fourteen days.
11.4.1. All mowing shall be complete to the next natural barrier (e.g. street, intersection, dead end,
etc.) within 24 hours of start of mowing of said area.
11.4.2. Turf shall be cut in a professional manner as not to scalp turf or leave areas of uncut
grass.
11.4.3. Extreme care shall be used when maintaining Right -of -Way. Any damage sustained to a
homeowner's property shall be the responsibility of the Contractor. Where there is a fence
line, the Contractor shall mow and trim to fence fine.
11.4.4. Trash and litter, cut or broken during maintenance operations, shall be completely
removed from median and rights of way areas, prior to proceeding with the maintenance of
other areas.
11.4.5. Upon completion, a mowed area shall be free of clumped grass and tire tracks or ruts from
the mowing equipment.
11.4.6. Equipment shall be operated at a speed to provide the optimal desired cut designated by
the City's Inspector.
11.5. All trash and litter removed shall be disposed of by contractor to an off-site location.
11.6. Care shall be taken to prevent discharge of grass clippings onto paved surfaces such as streets,
parking lots, sidewalks, driveways, or onto adjacent properties. Any material so discharged shall be
removed immediately prior to proceeding with mowing of other areas.
11.7. If an area is maintained by a homeowner, the Contractor shall not mow that area. Contractor should
use care when mowing against fences, property lines, and other obstacles.
12. TRIMMING: All vegetation in cracks, seams and/or joints of paved areas such as sidewalks, curbs, and
driveways shall be cut down to the pavement surface during the completion of each mowing cycle.
12.1. The use of herbicides to control such growth may be permitted, with prior approval of the assigned
Inspector, herbicide usage shall comply with the TSPB and/or TDA rules and regulations.
12.2. All median and rights of way structures, trees, poles, signs, fences and shrub beds are to be
trimmed closely. Special care shall be given to trimming around small trees as not to inflict damage
to the bark of the trees.
12.3. All trimming shall be accomplished maintaining the required 3"-4" cutting height. All trimming shall
be accomplished concurrently with mowing operations. Trimming can be reduced by chemical
trimming, with prior approval of assigned Inspector. •
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SPECIFICATION NO.
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12.4. Band of chemical application shall not exceed six inches (61 from target structure of chemical
treatment. Approval of herbicides shall be obtained from the City's Inspector prior to herbicide
application.
12.5. All chemical treatments shall be performed under the direction of a commercial applicator license
through the Structural Pest Control Board (SPCB) or Texas Department of Agricultural (TDA).
12.6. Chemical edging shall be in accordance with SPCB or TDA rules and regulations. Approval must
be obtained from the City Inspector prior to application.
12.7. Chemical edging cannot be visible and all chemical treatments shall be growth regulators, however,
herbicides can be used in nose cones and concrete areas only.
12.8. Application shall be in compliance with label directions and the Texas Structural Pest Control Board
rules and regulations. Treated weeds that are left after kill by chemical application shall be
removed from area.
Performance measure: Visible separation of turf from concrete and no vegetation overhanging on to
concrete surface and no larger than a 6" band around obstacles.
13. MULCH AREAS OR TREE WELLS: All vegetation shall be removed from areas adjacent to trees, shrub
beds, and other purposefully planted landscape areas where there is a protective covering of organic
substances in placed to prevent evaporation of moisture, control weed growth, prevent mechanical damage
to landscape and for aesthetic reasons.
Performance measure: No vegetation growing in tree wells.
14. REMOVAL OF GRASS CLIPPINGS: Removal of cut grass from the turf area where growth occurred will
not be required unless grass is clumped. Cut grass and debris which falls or is thrown upon the pavement,
streets, sidewalks, driveways, or adjacent properties through the action of the work crew, shall be removed
from the area prior to the exit of the work crew from the work site.
Performance measure: Zero cut vegetation on streets, curbs, walks, driveways or any other concrete
surfaces.
15. EDGING: All sidewalks, curbs, and steps shall be mechanically edged to a one (1 ") inch depth and 1/4 inch
width where they exist exposing the concrete surface. The initial edging shall be completed by the end of
first cycle. All edges shall be maintained through duration of contract. Edging and maintenance of edges
shall use a vertical cut approach. All material dislodged by edging must be removed from site. Sidewalks
shall be edged on both sides.
Performance measure: Zero vegetation growing onto sidewalks, curbs, steps, drives or other
concrete surfaces.
16. UTTER REMOVAL CYCLE: The City's Inspector may at his or her discretion issue a work order for any
maintenance cycle for litter only. This constitutes a litter removal cycle that requires removal of any trash
and litter within the assigned Quadrant. Contractor shall be compensated for extra litter removal cycles as
specified in bid proposal.
Performance measure: Zero visible litter and debris on finished mowing areas.
17. WORK SCHEDULE: In the event that any one Contractor shall receive contracts for maintenance in more
than one quadrant , Contractor shall complete all grounds maintenance activities concurrently.
18. WORK CREW:
18.1. Each work crew shall have a designated person on the work site with the authority to respond to
inquiries about work details or priorities.
18.2. The Contractor shall assign only qualified, trained, competent and reliable personnel to perform the
services. The City shall have the right to request the immediate removal from its premises of any
employee of the Contractor or of the Contractor's subcontractors.
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SPECIFICATION NO.
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DATED: JAN 2008
19. SAFETY OF WORK CREW:
19.1. Contractor shall wear and/or display proper warning devices (safety vest, flashers, strobe lights,
waming signs, etc.) in order to ensure both employee and public safety. Contractor and his
employees shall dress and remain dressed in a presentable fashion due to high public visibility of
these employees. Should problems occur, Contractor shall be advised of the circumstances and
shall take appropriate action. Dressing problems include but are not limited to bare chest (no shirt),
shorts while trimming or edging, and absence of proper use of safety devices.
19.2. The Contractor shall be responsible for furnishing all signs and traffic controls in accordance with
the Texas Manual on Uniform Traffic Control Devices, and make adjustments as required by
Inspector.
19.3. All signs must be mounted on their own stands and be mounted not Tess than three feet (3 ft.) from
the bottom of the sign to the natural ground line. Each sign shall have two brightly colored safety
flags attached to it. It will not be permissible to hang or lean these signs. The signs shall be
erected in such a manner that they will not obstruct the traveling public view of the normal roadway
signing.
Performance measure: Proper warning devices and clothing due to high visibility of
employees that work on roadways.
20. IDENTIFICATION: All Contractor vehicles under the performance of this Contract that are licensed for travel
on public roads, shall have the name of the Contractor neatly exhibited on each side of the vehicle. Vehicles
shall park in areas that do not create potential hazardous traffic situations.
21. COMMUNICATION: Contractor shall provide communication equipment as necessary to perform the
services of this Contract. This may include 2 -way radios, pagers, cellular phones, telephone -answering
devices, fax machine etc. The Contractor or his designate shall respond to communication requests from
the City's inspector or designee, within two (2) hours during the normal working hours of 7:30 a.m. to 5:00
p.m.
Performance measure: Two-hour turnaround time for information between City and Contractor.
PART IV
ACCEPTANCE AND PAYMENT
1. ACCEPTANttk: Acceptance inspection should not take more than two working days. The vendor will be
notified within this time frame if the service delivered is not in full compliance with the specifications
1.1. Failure to maintain the mowing schedule shall be determined in the following manner:
1.1.1. Contractor shall correct any deficiencies in work within 48 hours of written or verbal
notification. In the event the Contractor fails to correct the default to the satisfaction of the
City within the specified time, or such greater time as the City may permit, the City shall
exercise all rights, including the right to terminate the Contract in whole or part..
1.1.2. If any contract or purchase order is canceled for non-acceptance, the needed service may
be purchased elsewhere and the vendor may be charged full increase, if any, in cost and
handling.
2. INVOICING: Vendor shall submit one original and one copy of each invoice on a monthly basis to:
City of Round Rock
Finance Department
221 East Main Street
Round Rock, TX78664-5299
2.1. Invoice shall indude, but not be limited to the following:
2.1.1. Purchase order number.
2.1.2. Invoice date.
2.1.3. Itemized charges and grand totals.
2.1.4. Work locations and dates.
2.1.5. Waste manifest or Disposal tickets.
3. PROMPT PAYMENT POUCY: Payments will be made within thirty days after the city receives the supplies,
materials, equipment, or the day on which the performance of services was completed or the day on which
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SPECIFICATION NO.
08-988-75
DATED: JAN 2008
the City receives a correct invoice for the supplies, materials, equipment or services, whichever is later. The
Vendor may charge a late fee (fee shall not be greater than that which is permitted by Texas raw) 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:
3.1. 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
3.2. The terms of a federal agreement, grant, regulation, or statute prevent the City from making a
timely payment with Federal Funds; or
3.3. 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
3.4. The invoice is not mailed to the City in strict accordance with instructions, if any, on the purchase
order or agreement or other such contractual agreement.
4. OVERCHARGES: Vendor hereby assigns to purchaser any and all claims for overcharges associated with
this agreement which arise under the antitrust laws of the United States, 15 USGA Section 1 et sggq., and
which arise under the antitrust laws of the State of Texas, Bus. and Com. Code, Section 15.01, gl sz,gg
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SPECIFICATION NO.
08-988-75
DATED: JAN 2008
City of Round Rock
BIDDERS QUESTIONNAIRE
Any and all firms considering the Grounds Maintenance Contract, must complete and submit the information
requested below. This Is a part of the bid and bidders who fail to submit this information will be considered
non-responsive.
CONTRACTOR NAME
PHYSICAL ADDRESS OF EQUIPMENT
TELEPHONE FAX
EMAIL DATE
State the number of years your firm has provided landscape maintenance and mowing
services Years.
State the number of employees who will be designated to work on this contract
Develop a plan of action for assignment of your crew. List the man-hours needed to perform the contract
requirements for each crew member.
A. EQUIPMENT LIST
(List all equipment you plan to dedicate to this project(s))-
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SPECIFICATION NO.
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Attach a separate sheet if necessary. All equipment must be equipped with safe guards as outlined by ANSI and
OSHA.
B. WORK REFERENCES
List at least three commercial or governmental references demonstrating your mowing experience within the past
twenty-four months on projects similar to the scope of this contract.
NAME:
ADDRESS:
CITY:
STATE:
ZIP:
PHONE:
FAX:
CONTACT:
DESCRIPTION OF PROJECT:
NAME:
ADDRESS:
CITY: STATE: ZIP:
PHONE: FAX: CONTACT:
DESCRIPTION OF PROJECT:
NAME:
ADDRESS:
CITY: STATE: ZIP:
PHONE: FAX: CONTACT:
DESCRIPTION OF PROJECT:
COMMENTS
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SPECIFICATION NO.
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DATED: JAN 2008
Sample A - "Notice To Proceed" Document
City of Round Rods
TO: JOHN Q. CONTRACTOR. LAWN MOWER CONSTRUCTION
FROM: CITY INSPECTOR
SUBJECT: START OF MOWING CONTRACT. CYCLE XX
DATE: APRIL 1. 2008
This is the official notice to proceed with ground's maintenance of Quadrant ROW 1. Please review the specifications
in the contract and begin this cycle. ROW 1 must be completed to contract speciffcatfons by April 14, 2008.
Contract specifications will be strictly enforced for the duration of this contract.
Remember to dean off curbs and sidewalks. Notify this office of any large piles of debris.
Fax daily "Work Record Summary "of completed areas to: Fax number is 512-218-5548.
If you have questions please call me at 512-218-5547.
Contractor Name
Authorized Representative Signature City Inspector Signature
Print Name Print Name
Date Date
Note: Notice to Proceed must be signed and dated and have the appropriate Work
Summary reports turned in to City Inspector before another Notice to Proceed is issued.
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SPECIFICATION NO.
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Sample 8 — 'Work Record Summary"
TO:
CITY OF ROUND ROCK INSPECTOR.
FAX No. (512) 218-5548 Phone: (5121218-5547
FROM: JOHN Q. CONTRACTOR. LAWN MOWER CONSTRUCTION
SUBJECT: WORK RECORD SUMMARY, CYCLE XX
DATE: APRIL 2, 2008
DAILY WORK SUMMARY:
LOCATION DESCRIPTION
ACRES
QUADRANT
TIME
COMPLETE DATE
University Blvd Oakmont to CR
48
ROW 1
1:46 pm
April 2, 2008
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ATTACHMENT A
CITY OF ROUND ROCK
INSURANCE REQUIREMENTS
1. INSURANCE: The Vendor shall procure and maintain at its sole cost and expense for the duration
of the contract or purchase order resulting from a response to this bid/Specification insurance
against claims for inluries to persons or damages to property which may arise from or in
connection with the performance of the work as a result of this bid by the successful bidder. its
agents. representatives, volunteers, employees or subcontractors.
1.1. Certificates of Insurance and endorsements shall be furnished to the City and approved
by the City before work commences.
1.2. The following standard insurance policies shall be required:
1.2.1. General Liability Policy
1.2.2. Automobile Liability Policy
1.2.3. Worker's Compensation Policy
1.3. The following general requirements are applicable to all policies:
1.3.1. Only insurance companies licensed and admitted to do business in the State of
Texas shall be accepted.
1.3.2. Deductibles shall be listed on the Certificate of Insurance and are acceptable
only on a per occurrence basis for property damage only.
1.3.3. Claims made policies shall not be accepted, except for Professional Liability
Insurance.
1.3.4. Upon request, certified copies of all insurance policies shall be fumished to the
City
1.3.5. Policies shall include, but not be limited to, the following minimum limits:
1.3.5.1. Minimum Bodily injury Limits of $300,000.00 per occurrence.
1.3.5.2. Property Damage Insurance with minimum limits of $50,000.00 for
each occurrence.
1.3.5.3. Automobile Liability Insurance for all owned, non -owned, and hired
vehicles with minimum limits for Bodily Injury of $100,000.00 each
person, and $300,000.00 for each occurrence, and Property
Damage Minimum limits of $50,000.00 for each occurrence.
1.3.5.4. Statutory Worker's Compensation Insurance and minimum
$100,000.00 Employers Liability Insurance.
1.3.6. Coverage shall be maintained for two years minimum after the termination of the
Contract.
1.4. The City shall be entitled, upon request, and without expense to receive copies of
insurance policies and all endorsements thereto and may make reasonable request for
deletion, revision, or modification of particular policy terms, conditions, limitations, or
exclusions (except where policy provisions are established by law or regulation binding
either of the parties hereto or the underwriter of any of such policies). Upon such request
by the City, the Vendor shall exercise reasonable efforts to accomplish such changes in
policy coverage and shall pay the cost thereof. All insurance and bonds shall meet the
requirements of the bid specification and the insurance endorsements stated below.
1.5. Vendor agrees that with respect to the required insurance, all insurance contracts and
certificate(s) of insurance will contain and state, in writing, on the certificate or its
attachment, the following provisions:
Page 1 of 4
1.5.1. Provide for an additional insurance endorsement clause declaring the Vendor's
insurance as primary.
1.5.2. Name the City and its officers, employees, and elected officials as additional
insured's, (as the interest of each insured may appear) as to all applicable
coverage.
1.5.3. Provide thirty days notice to the City of cancellation, non -renewal, or material
changes
1.5.4. Remove all language on the certificate of insurance Indicating:
1.5.4.1. That the insurance company or agent/broker shall endeavor to notify
the City; and,
1.5.4.2. Failure to do so shall impose no obligation of liability of any kind
upon the company, its agents, or representatives.
1.5.5. Provide for notice to the City at the addresses listed below by registered mail:
1.5.6. Vendor agrees to waive subrogation against the City, its officers, employees,
and elected officials for injuries, including death, property damage, or any other
loss to the extent same may be covered by the proceeds of insurance.
1.5.7. Provide that all provisions of this contract concerning liability, duty, and standard
of care together with the indemnification provision, shall be underwritten by
contractual liability coverage sufficient to include such obligations within
applicable policies.
1.5.8. All copies of the Certificate of Insurance shall reference the project name, bid
number or purchase order number for which the insurance is being supplied.
1.5.9. Vendor shall notify the City in the event of any change in coverage and shall
give such notices not Tess than thirty days prior notice to the change, which
notice shall be accomplished by a replacement Certificate of Insurance.
1.5.10. All notices shall be mailed to the City at the following addresses:
Assistant City Manager City Attorney
City of Round Rock City of Round Rock
221 East Main 309 East Main
Round Rock, TX 78664-5299 Round Rock, TX 78664
2. WORKERS COMPENSATION INSURANCE
2.1. Texas Labor Code, Section 406.098 requires workers' compensation insurance coverage
for all persons providing services on building or construction projects for a governmental
entity.
2.1.1. Certificate of coverage ("certificate') -A copy of a certificate of insurance, a
certificate of authority to self -insure issued by the Texas Workers' Compensation
Commission, or a coverage agreement.(TWCC-81, TWCC-82, TWCC-83, or
TWCC-84), showing statutory workers' compensation insurance coverage for
the person's or entity's employees providing services on a project, for the
duration ofthe project.
2.1.2. Duration of the project - includes the time from the beginning of the work on the
project until the CONTRACTORS /person's work on the project has been
completed and accepted by the OWNER.
2.2. Persons providing services on the project ("subcontractor") in Section 406.096 - includes
all persons or entitles performing all or part of the services the CONTRACTOR has
undertaken to perform on the project, regardless of whether that person contracted
directly with the CONTRACTOR and regardless of whether that person has employees.
This includes, without limitation, independent contractors, subcontractors, leasing
companies, motor carriers, owner -operators, employees of any such entity, or employees
of any entity, which furnishes persons to provide services on the project. 'Services"
include, without limitation, providing, hauling, or delivering equipment or materials, or
providing labor, transportation, or other service related to a project. "Services" does not
Page 2 of 4
include activities unrelated to the project, such as food/beverage vendors, office supply
deliveries, and delivery of portable toilets.
2.3. The CONTRACTOR shall provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any coverage agreements, that meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the
CONTRACTOR providing services on the project, for the duration of the project.
2.4. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being
awarded the contract.
2.5. If the coverage period shown on the CONTRACTOR'S current certificate of coverage
ends during the duration of the project, the CONTRACTOR must, prior to the end of the
coverage period, file a new certificate of coverage with the OWNER showing that
coverage has been extended.
2.6. The CONTRACTOR shall obtain from each person providing services on a project, and
provide to the OWNER:
2.6.1. a certificate of coverage, prior to that person beginning work on the project, so
the OWNER will have on file certificates of coverage showing coverage for all
persons providing services on the project; and
2.6.2. no later than seven calendar days after receipt by the CONTRACTOR, a new
certificate of coverage showing extension of coverage, if the coverage period
shown on the current certificate of coverage ends during the duration of the
project.
2.7. The CONTRACTOR shall retain all required certificates of coverage for the duration of
the project and for one year thereafter.
2.8. The CONTRACTOR shall notify the OWNER in writing by certified mail or personal
delivery, within 10 calendar days after the CONTRACTOR knew or should have known,
or any change that materially affects the provision of coverage of any person providing
services on the project.
2.9. The CONTRACTOR shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing all persons
providing services on the project that they are required to be covered, and stating how a
person may verify coverage and report lack of coverage.
2.10. The CONTRACTOR shall contractually require each person with whom it contracts to
provide services on a project, to:
2.10.1. provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, that meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all its employees
providing services on the project, for the duration of the project;
2.10.2. provide to the CONTRACTOR, prior to that person beginning work on the
project, a certificate of coverage showing that coverage is being provided for all
employees of the person providing services on a project, for the duration of the
project;
2.10.3. provide the CONTRACTOR, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, if the coverage period
shown on the current certificate of coverage ends during the duration of the
project;
2.10.3.1. obtain from each other person with whom it contracts, and provide to
the CONTRACTOR:
2.10.3.1.1.
2.10.3.1.2.
a certificate of coverage, prior to the other person
beginning work on the project; and
a new certificate of coverage showing extension of
coverage, prior to the end of the coverage period, if
the coverage period shown on the current certificate
of coverage ends during the duration of the project
Page 3 of 4
2.10.3.2. retain all required certificates of coverage on file for the duration of
the project and for one year thereafter;
2.10.3.3. notify the OWNER in writing by certified mail or personal delivery,
within 10 calendar days after the person knew or should have
known, of any change that materially affects the provision of
coverage of any person providing services on the project; and
2.10.3.4. contractually require each person with whom it contracts, to perform
as required by paragraphs (A thru G), with the certificates of
coverage to be provided to the person for whom they are providing
services.
2.10.3.5. By signing the solicitation associated with this specification, or
providing, or causing to be provided a certificate of coverage, the
Contractor is representing to the Owner that all employees of the
Contractor who will provide services on the project wilt be covered
by workers' compensation coverage for the duration of the project,
that the coverage will be based on proper reporting of classification
codes and payroll amounts, and that all coverage agreements will
be filed with the appropriate insurance carrier or, in the case of a
self-insured, with the Commission's Division of Self -Insurance
Regulation. Providing false or misleading information may subject
the Contractor to administrative penalties, criminal penalties, civil
penalties, or other civil actions.
2.10.3.6. The Contractor's failure to comply with any of these provisions is a
breach of contract by the Contractor that entitles the Owner to
declare the contract void if the Contractor does not remedy the
breach within ten calendar days after receipt of notice of breach
from the owner.
Page 4 of 4
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VENDOR
I Love My Yard
TOTAL: $71,537.20
Extended
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VENDOR
The Greener Side
DELIVERY:
TOTAL: $7,888.00
C
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VENDOR
Williamson Land
Development
DELIVERY:
TOTAL: $149,881.12
Extended
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$21,808.00
$28,636.16
$44,698.88
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94/acre
$6,842.26
94/acre
$2,726.00
94/acre
$1,789.76
94/acre
$2,793.68
VENDOR
Greenscapes
DELIVERY:
TOTAL: $112,222.48
D
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$37,472.56
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$1,790.00
80.83/acre
$1,538.93
75.30/acre
2,237.94
VENDOR VENDOR
Westar Construction
DELIVERY: DELIVERY:
TOTAL: $135,560.32 TOTAL: $82,738.00
Extended Unit $ jExtended
--$-----111.11=1148,914.88
65/acre
$21 112.00 $1,885.00 $15,080.00
$25 589.76
'.39 943.68
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84/ acre
$6,114.36
91/ acre
$2,639.00
84/acre
$1,599.36
84/acre
$2,496.48
BID TAB
BID NUMBER: 08-025
BID OPENING: 3/11/2008 3:PM
GROUNDS MAINTENANCE SRVCS
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37
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Quadrant D-2 72.79 acres
Quadrant P-1 29 acres
Quadrant ROW -3 19.04 acres
Quadrant ROW -4 29.72 acres
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GROUNDS MAINTENANCE SERVICES, IFB 08-025,
TERM COST
12 MONTHS
BIDDERS
EVAL
CRITERIA
PRICE/LONG
TERM COST
REPUTATION OF BIDDER'S
GOODS & SRVCS - QUALITY
OF GOODS AND SRVC
MEETS NEEDS
- written operation plan
- Bidder Questionnaire
- List of Equipment
TOTAL
POINTS
N/A
NIA
POINT
50
30
20
100
VALUE
$ 135,560.32
Westar Const
3 ref/1 resps
$ 70,026.88
D-2 & P-1(175 acres)
17.90
5
12.00
34,90
$ 97,818.00
Intel Bldg. Srvc
3 ref/3 resps/2 flags
no similar srvc
$ 47,107.60
D -1,D-2 & P-1(175 acres)
26.61
18
15.00
59.61
$ 112,222.48
Greenscapes
3 ref/2 resps/1 flag
1 person p/80K
$ 51,792.56
D-2 & P-1(175 acres)
24.20
20
5.00
49.20
$ 149,881.12
Williamson Land
3/ref/2 resps/2 flags
$ 76,546.08
D-2 & P-1(168 acres)
16.37
15
20.00
51.37
$ 49,270.00
The Greener Side
$ 25,066.48
D-2 & P-1(175 acres)
50.00
25
18.00
93.00
$ 71,537.20
I Love My Yard
$ 71,537.20
D-2 & P-1(175 acres)
17.52
5
5.00
27.52
Best Value will be evaluated in two categories:
Drainage for line item #2-D2, #5-P1
ROW for line item #8 -ROW 3, #9 - ROW 4
Evaluation Team: Cory Styron PARD
Meeting 3/18/2008 Randy Gordon PARD
David Walther Streets
Mike Ackerman Streets
Roy Saldana Drainage
Tasks: Randy Barker Purchasing
3/18/2008 Mike - Check references for Westar, Greener Side & Greenscapes
Cory - Check references for Williamson, I Love My Yard & Intr'l Bldg. Srvc
Meeting 3/27/2008 Cory Styron PARD
Randy Gordon PARD
David Walther Streets
Roy Saldana Drainage
Randy Barker Purchasing
Tasks:
3/28/2008 Carolyn - Contact The Greener Side and inform them of items the City will be awarding. Reiterate our needs and get
confirmation of their ability to meet our needs if they were contracted for all items awarded.
Sam Mendoza will look items over and contact me Monday with information we need to move forward.
3/31/2008 The Greener Side withdrew their bid on all items except Item No. 5 - P-1
4/7/2008 Committee agreed to award:
The Greener Side Item No. 5 IBS Items No. 2, No. 8 and No. 9
ROUND ROCK. TEXAS
PURPOSE. PASSION. PROSPERITY.
Interoffice memo
Date: March 18, 2008
To: Tom Martin, Director of Transportation, David Walther, Street Superintendent
Rick Atkins, Director of Parks & Recreation, Cory Styron, Asst. Director
Cc: Ric Bowden, Randy Barker and Howard Baker
From: Carolyn Brooks
RE: Recommendation for Award — Grounds Maintenance Services
The Purchasing Division recommends the following bidders for award of an agreement in accordance
with the best value process.
Representatives from user departments agree that line item No. 2, 5, 8 and 9 should be awarded based
on the best value for the City.
We are recommending the following:
International Building Services
The Greener Side
BID ITEM
$82,738.00 projected for 12 month period
$ 7,888.00 projected for 12 month period
Line Item No. 1- Quadrant 0-1
Line Item No. 2, Quadrant D-2 72.79 acres
Line Item No. 3, Quadrant D-3
Line Item No. 4, Quadrant D-4
Line Item No. 5, Quadrant P-1, 29 acres
Line Item No. 6, Quadrant ROW -1
Line Item No. 7, Quadrant ROW -2
Line Item No. 8, Quadrant ROW -3, 19.04 acres
Line Item No. 9, Quadrant ROW -4, 29.72 acres
Line Item No. 10, Quadrant ROW -5
Solicitation Information:
VENDOR
Non award
International Building Services
Non award
Non award
The Greener Side
Non award
Non Award
International Building Services
International Building Services
Non Award
IFB # 08-030 BOD: March 11, 2008
For a multi-year agreement for Grounds Maintenance Service
Six bids were received from the fifteen bidders solicited including three HUBs. Only one HUB
responded.
CMB/s
CC: File
DATE: June 19, 2008
SUBJECT: City Council Meeting—June 26, 2008
ITEM: 10D3. Consider a resolution authorizing the Mayor to execute an Agreement for
Grounds Maintenance Services with International Building Services.
Department:
Staff Person:
Justification:
Transportation Services
Thomas G. Martin, P.E., Transportation Services Director
This Agreement is to establish a multi-year contract with International Building Services to maintain
a portion of the grounds on the city right of ways, drainage/retention and park land. International
Building Services will provide mowing services to include, but not limited to mowing, edging and
trimming, raking, removing and disposing of litter.
Funding:
Cost: $ 82,738.00
Source of funds: General Fund
Outside Resources: International Building Services
Background Information:
The City of Round Rock issued an Invitation for bid (08-025) dated January 2008 and six bids were
received from the fifteen bidders solicited including three Historically Underutilized Businesses
(HUB). Only one HUB responded for a multi-year agreement for Grounds Maintenance Service.
Users from the Parks and Recreation and the Transportation Departments were selected to
perform a Best Value evaluation of the six bidders.
Public Comment: N/A
Executed
Document
Follows
CITY OF ROUND ROCK AGREEMENT FOR
PURCHASE OF GROUNDS MAINTENANCE SERVICES WITH
INTERNATIONAL BUILDING SERVICES
THE STATE OF TEXAS
CITY OF ROUND ROCK
COUNTY OF WILLIAMSON
COUNTY OF TRAVIS
KNOW ALL BY THESE PRESENTS:
THIS AGREEMENT is for grounds maintenance services on certain of the City's rights-of-way,
drainage/retention/detention areas, and parkland (referred to herein as the "Agreement"), and is made by
and between the CITY OF ROUND ROCK, a Texas home -rule municipality, whose offices are located at
221 East Main Street, Round Rock, Texas 78664-5299 (referred to herein as the "City"), and
INTERNATIONAL BUILDING SERVICES, whose offices are located at 8204 North Lamar Boulevard
B-16, Austin, Texas 78753 (referred to herein as the "Services Provider" or "IBS").
RECITALS:
WHEREAS, City has determined that there is a need for the delineated services; and
WHEREAS, City desires to contract for such services; and
WHEREAS, the parties 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:
1.01 EFFECTIVE DATE, TERM, ALLOWABLE RENEWALS, PRICES FIRM
This Agreement shall be effective on the date this Agreement has been signed by each party
hereto, and shall remain in full force and effect unless and until it expires by operation of the term
indicated herein, or is terminated or extended as provided herein.
The term of this Agreement shall be for five (5) consecutive twelve-month periods from the
effective date hereof. After that term, this Agreement may be renewed for two (2) successive twelve-
month periods, under the same terms and conditions, only upon the express written agreement of both
parties, and only provided the Services Provider has performed each and every contractual obligation
specified in this Agreement.
Prices shall be firm for the duration of this Agreement and for any renewal periods. No separate
line item chau+ges shall be permitted for invoicing purposes, including but not limited to equipment rental,
demurrage, costs associated with obtaining permits, or any other extraneous charges. City may permit
"unit price" adjustments upwards only as a result of a cost increase in goods or services in accordance
with the Producers Price Index located at http://stats.bls.gov/ppi/home.htm. Any price increase shall be
requested by Vendor in writing and accompanied by the appropriate documentation to justify the
requested increase. Vendor may offer price decreases in excess of the allowable percentage change.
137805/jkg
City reserves the right to review the services at any time, and may elect to terminate with or
without cause or may elect to continue with the services.
2.01 CONTRACT AMOUNT; AND SCOPE OF WORK
Contract Amount. In consideration for the grounds maintenance services to be performed by Services
Provider, City agrees to pay Services Provider the followingamounts per year of this Agreement:
For Quadrant D-2
Cost per acre $55.00 x 72.79 acres for 1 cycle (30 calendar days) x 8 cycles $32,027.60
For Quadrant ROW -3
Cost per acre $65 x 19.04 acres for 1 cycle (14 calendar days) x 16 cycles $19,801.60
For Quadrant ROW -4
Cost per acre $65 x 29.72 acres for 1 cycle (14 calendar days) x 16 cycles $30,908.80
TOTAL: $82.738.00
Scope of Work: For purposes of this Agreement, City has issued documents delineating the required
services (specifically IFB 08-025, Specification No. 08-988-75 dated January 2008, Attachment A "City
of Round Rock Insurance Requirements," "Grounds Maintenance Services Quadrants - Drainage Parks"
revised February 22, 2008, "Grounds Maintenance Services Quadrants - Rights of Way" revised
February 22, 2008, and "Invitation for Bid Addendum No. 1" dated February 25, 2008). Services
Provider has issued its response agreeing to provide all such required services in all specified particulars.
All such referenced documents are included in Exhibit "A" attached hereto and made a part hereof for all
purposes. When taken together with the appended exhibits, this Agreement shall evidence the entire
understanding and agreement between the parties and shall supersede any prior proposals,
correspondence or discussions.
Services Provider shall satisfactorily provide all services described under the attached exhibits
within the contract term specified in Section 1.01. Services Provider's undertakings shall be limited to
performing services for City and/or advising City concerning those matters on which Services Provider
has been specifically engaged. Services Provider shall perform its services in accordance with this
Agreement, in accordance with the appended exhibits, in accordance with due care, and in accordance
with prevailing industry standards for comparable services.
3.01 PAYMENT FOR SERVICES; SUPPLEMENTAL AGREEMENTS
Payment for Services: In consideration for the grounds maintenance services to be performed
by Services Provider, City agrees to pay as delineated in Section 2.01.
Payment for Reimbursable Expenses: There shall be no payment for reimbursable expenses in
this Agreement.
Not -to -Exceed Total: Unless subsequently changed by additional Supplemental Agreement to
this Agreement, duly authorized by appropriate City Council or City Manager action, Services Provider's
total compensation under this Agreement shall not exceed $82,738.00 per year of the Agreement. This
2
amount represents the absolute limit of City's liability to Services Provider hereunder unless same shall
be changed by additional Supplemental Agreement, and City shall pay, strictly within the confines of the
not -to -exceed sum recited herein, Services Provider's fees for work done on behalf of City.
Deductions: No deductions shall be made for Services Provider's compensation on account of
penalty, liquidated damages or other sums withheld from payments to Services Provider.
Additions: No additions shall be made to Services Provider's compensation based upon any
claims, whether paid by City or denied.
Supplemental Agreements: The terms of this Agreement may be modified by written
Supplemental Agreement hereto, duly authorized by City Council or City Manager action, if City
determines that there has been a significant change in (1) the scope, complexity, or character of the
services to be performed; or (2) the duration of the work. Any such Supplemental Agreement must be
executed by both parties within the period specified as the tenn of this Agreement. Services Provider
shall not perform any work or incur any additional costs prior to the execution, by both parties, of such
Supplemental Agreement. Services Provider shall make no claim for extra work done or materials
furnished unless and until there is full execution of any Supplemental Agreement, and City shall not be
responsible for actions by Services Provider nor for any costs incurred by Services Provider relating to
additional work not directly authorized by Supplemental Agreement.
4.01 TERMS OF PAYMENT
Invoices: To receive payment, Services Provider shall prepare and submit monthly detailed
invoices to City for services rendered. Each invoice for grounds maintenance services shall detail the
services performed, along with documentation for each service performed. All payments to Services
Provider shall be made on the basis of the invoices submitted by Services Provider and approved by City.
Such invoices shall conform to the schedule of services and costs in connection therewith.
Should additional backup material be requested by City, Services Provider shall comply
promptly. In this regard, should City determine it necessary, Services Provider shall make all records and
books relating to this Agreement available to City for inspection and auditing purposes.
If City has any dispute with work performed, then City shall notify Services Provider within
thirty (30) days after receipt of invoice. In the event of any dispute regarding the work performed, then
and in that event Services Provider shall either (a) satisfactorily re -perform the disputed services or (b)
provide City with an appropriate credit.
Payment of Invoices: City reserves the right to correct any error that may be discovered in any
invoice that may have been paid to Services Provider and to adjust same to meet the requirements of this
Agreement. Following approval of invoices, City shall endeavor to pay Services Provider promptly, but
no later than the time period required under the Texas Prompt Payment Act described in Section 8.01
herein. Under no circumstances shall Services Provider be entitled to receive interest on payments which
are late because of a good faith dispute between Services Provider and City or because of amounts which
City has a right to withhold under this Agreement or state law. City shall be responsible for any sales,
gross receipts or similar taxes applicable to the services, but not for taxes based upon Services Provider's
net income.
Offsets: City may, at its option, offset any amounts due and payable under this Agreement
against any debt (including taxes) lawfully due to City from Services Provider, regardless of whether the
amount due arises pursuant to the terms of this Agreement or otherwise and regardless of whether or not
the debt due to City has been reduced to judgment by a court.
3
5.01 LIMITATION TO SCOPE OF WORK
Services Provider and City agree that the scope of services to be performed is generally
enumerated in the attached exhibits. Notwithstanding anything herein to the contrary, the parties agree.
that City retains absolute discretion and authority for all funding decisions, such decisions to be based
solely on criteria accepted by City which may be influenced by but not be dependent on Services
Provider's work.
6.01 INTERLOCAL COOPERATIVE CONTRACTING / PURCHASING
Authority for local governments to contract with one another to perform certain governmental
functions and services, including but not limited to purchasing functions, is granted under Government
Code, Title 7, Chapter 791, Interlocal Cooperation Contracts, Subchapter B and Subchapter C, and Local
Government Code, Title 8, Chapter 271, Subchapter F, Section 271.101 and Section 271.102.
Other governmental entities within the State of Texas may be extended the opportunity to
purchase off of the City of Round Rock's bid, with the consent and agreement of the successful vendor(s)
and Round Rock. Such agreement shall be conclusively inferred for the vendor from lack of exception to
this clause in the vendor's response. However, all parties hereby expressly agree that the City of Round
Rock is not an agent of, partner to, or representative of those outside agencies or entities and that the City
of Round Rock is not obligated or liable for any action or debts that may arise out of such independently -
negotiated "piggyback" procurements.
7.01 NON -APPROPRIATION AND FISCAL FUNDING
This Agreement is a commitment of City's current revenues only. It is understood and agreed
that City shall have the right to terminate this Agreement at the end of any City fiscal year if the
governing body of City does not appropriate funds sufficient to purchase the services as determined by
City's budget for the fiscal year in question. City may effect such termination by giving Services
Provider a written notice of termination at the end of its then -current fiscal year.
8.01 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be made
by City to Services Provider will be made within thirty (30) days of the date City receives goods under
this Agreement, the date the performance of the services under this Agreement are completed, or the date
City receives a correct invoice for the goods or services, whichever is later. Services Provider may
charge interest on an overdue payment at the "rate in effect" on September 1 of the fiscal year in which
the payment becomes overdue, in accordance with V.T.C.A., Texas Government Code, Section
2251.025(b). This Prompt Payment Policy does not apply to payments made by City in the event:
(1) There is a bona fide dispute between City and Services Provider, a contractor,
subcontractor, or supplier about the goods delivered or the service performed that cause the payment to
be late; or
(2) There is a bona fide dispute between Services Provider and a subcontractor or between a
subcontractor and its supplier about the goods delivered or the service performed that causes the payment
to be late; or
(3) The terms of a federal contract, grant, regulation, or statute prevent City from making a
timely payment with federal funds; or
4
(4) The invoice is not mailed to City in strict accordance with any instructions on the
purchase order relating to the payment.
9.01 TERMINATION
This Agreement may be terminated for any of the following conditions:
(1) By City for reasons of its own, with or without cause, and not subject to the mutual
consent of any other party, such written termination notice to be given to the other party not less than
thirty (30) days prior to termination.
(2) By mutual agreement and consent of the parties, such agreement to be in writing.
(3) By either party for failure by the other party to perform the services set forth herein in a
satisfactory manner, such termination notice to be given in writing to the other party.
(4) By either party for failure by the other party to fulfill its obligations herein.
(5) By satisfactory completion of all services and obligations described herein.
Should City terminate this Agreement as herein provided, no fees other than fees due and
payable at the time of termination shall thereafter by paid to Services Provider. City shall pay Services
Provider for all uncontested services performed to date of notice of termination.
If either party defaults in performance of this Agreement or if City terminates this Agreement for
default on the part of the other party, then City shall give consideration to the actual costs incurred by
Services Provider in performing the work to the date of default.
The termination of this Agreement and payment of an amount in settlement as set forth above
shall extinguish all rights, duties, and obligations of City and the terminated party to fulfill contractual
obligations. Termination under this section shall not relieve the terminated party of any obligations or
liabilities which occurred prior to cancellation.
10.01 INDEPENDENT CONTRACTOR STATUS
Services Provider is an independent contractor, and is not City's employee. Services Provider's
employees or subcontractors are not City's employees. This Agreement does not create a partnership,
employer-employee, or joint venture relationship. No party has authority to enter into contracts as agent
for the other party. Services Provider and City agree to the following rights consistent with an
independent contractor relationship:
(1)
Services Provider has the right to perform services for others during the term hereof.
(2) Services Provider has the sole right to control and direct the means, manner and method
by which services required by this Agreement will be performed.
(3) Services Provider has the right to hire assistants as subcontractors, or to use employees
to provide the services required by this Agreement.
(4) Services Provider or its employees or subcontractors shall perform services required
hereunder, and City shall not hire, supervise, or pay assistants to help Services Provider.
5
(5) Neither Services Provider nor its employees or subcontractors shall receive training from
City in skills necessary to perform services required by this Agreement.
(6) City shall not require Services Provider or its employees or subcontractors to devote full
time to performing the services required by this Agreement.
(7) Neither Services Provider nor its employees or subcontractors are eligible to participate
in any employee pension, health, vacation pay, sick pay, or other fringe benefit plan of City.
11.01 NON -SOLICITATION
All parties hereto agree that they shall not directly or indirectly solicit for employment, employ,
or otherwise retain staff of the other during the term of this Agreement.
12.01 WARRANTIES
Services Provider warrants that all services performed hereunder shall be performed consistent
with generally prevailing professional or industry standards, and shall be performed in a professional and
workmanlike manner. Services Provider shall re -perform any work not in compliance with this warranty.
13.01 INDEMNIFICATION
Services Provider agrees to hold harmless, exempt, and indemnify City, its officers, agents,
directors, servants, representatives and employees, from and against any and all suits, actions, legal
proceedings, demands, costs, expenses, losses, damages, fines, penalties, liabilities and claims of any
character, type, or description, including but not limited to any and all expenses of litigation, court costs,
attorneys fees and all other costs and fees incident to any work done as a result hereof.
In no event shall either party be liable to the other for special or consequential damages, statutory
or otherwise.
14.01 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 may assign any rights or delegate
any duties under this Agreement without the other party's prior written approval.
15.01 LOCAL, STATE AND FEDERAL TAXES
Services Provider shall pay all income taxes, and FICA (Social Security and Medicare taxes)
incurred while performing services under this Agreement. City will not do the following:
(1)
behalf;
Withhold FICA from Services Provider's payments or make FICA payments on its
(2) Make state and/or federal unemployment compensation contributions on Services
Provider's behalf; or
(3) Withhold state or federal income tax from any of Services Provider's payments.
6
If requested, City shall provide Services Provider with a certificate from the Texas State
Comptroller indicating that City is a non-profit corporation and not subject to State of Texas Sales and
Use Tax.
16.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES
Services Provider, its consultants, 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. Services Provider shall further obtain all permits, licenses and the like required in
the performance of the services contracted for herein, and same shall belong solely to City at the
expiration of the term of this Agreement.
17.01 FINANCIAL INTEREST PROHIBITED
Services Provider covenants and represents that Services Provider, its officers, employees,
agents, consultants and subcontractors will have no financial interest, direct or indirect, in the purchase
or sale of any product, materials or equipment that will be recommended or required under this
Agreement.
18.01 GRATUITIES AND BRIBES
City may, by written notice to Services Provider, cancel this Agreement without liability if it is
determined by City that gratuities and/or bribes in the form of entertainment, gifts, or otherwise were
offered or given by Services Provider or its agents or representatives to any City officer, employee or
elected representative with respect to the performance of this Agreement. In addition, Services Provider
may be subject to penalties stated in Title 8 of the Texas Penal Code.
19.01 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 and in that event demand may be made to the other party for written
assurance of intent to perform. In the event that no written assurance is given within the reasonable time
specified when such demand was made, then and in that event the demanding party may treat such failure
as an anticipatory repudiation of this Agreement.
20.01 SERVICES OBTAINED FROM ALTERNATE SOURCES
If Services Provider cannot provide the services as specified, City reserves the right and option to
obtain the services from another source or sources.
21.01 DEFAULT
If Services Provider abandons or defaults under this Agreement and is a cause of City purchasing
services elsewhere, then Services Provider agrees that it may be charged the difference in cost, if any,
and that it will not be considered in the re -advertisement of the service and that it may not be considered
in future advertisements for the same type of work unless the scope of work is significantly changed.
Services Provider shall be declared in default under this Agreement if it does any of the
following:
(1) Fails to make any payment in full when due;
(2) Fails to fully, timely and faithfully perform any of its material obligations under this
Agreement;
(3) Fails to provide adequate assurance of performance under "Right to Assurance" section
herein; or
(4) Becomes insolvent or seeks relief under or is involuntarily brought under the bankruptcy
laws of the United States.
22.01 STANDARD OF CARE
Services Provider represents that it is specially trained, experienced and competent to perform all
of the services, responsibilities and duties specified herein and that such services, responsibilities and
duties shall be performed, whether by Services Provider or designated subconsultants, in a manner
according to generally accepted industry practices.
23.01 TAXES
City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be included in
Services Provider's charges.
24.01 INSURANCE
Services Provider shall meet all requirements as stated in the attached 114:1 08-025, Specification
No. 08-988-75 dated January 2008, and Attachment A "City of Round Rock insurance Requirements,"
and its bid response.
25.01 CITY'S REPRESENTATIVE
City hereby designates the following representative(s) authorized to act in its behalf with regard
to this Agreement:
Todd Keltgen
Public Works Operations Manager
212 Commerce Boulevard
Round Rock, TX 78664
512-218-5583
toddk@round-rock.tx.us
26.01 NOTICES
All notices and other communications in connection with this Agreement shall be in writing and
shall be considered given (1) when delivered personally to the recipient's address as stated in this
Agreement; or (2) three days after being deposited in the United States mail, with postage prepaid to the
recipient's address as stated in this Agreement.
Notice to Services Provider:
International Building Services
Attention: Hye Kirn
8204 North Lamar Boulevard, B-16
Austin, Texas 78753
not prevent this entire Agreement from being void should a provision which is of the essence of this
Agreement be determined void.
31.01 MISCELLANEOUS PROVISIONS
Standard of Care. Services Provider represents that it employs trained, experienced and
competent persons to perform all of the services, responsibilities and duties specified herein and that
such services, responsibilities and duties shall be performed in a manner according to generally accepted
industry practices.
Time is of the Essence. Services Provider understands and agrees that time is of the essence and
that any failure of Services Provider to fulfill obligations for each portion of this Agreement within the
agreed timeframes will constitute a material breach of this Agreement. Services Provider shall be fully
responsible for its delays or for failures to use best efforts in accordance with the terms of this
Agreement. Where damage is caused to City due to Service Provider's failure to perform in these
circumstances, City may pursue any remedy available without waiver of any of City's additional legal
rights or remedies.
Force Majeure. Neither City nor Service Provider shall be deemed in violation of this Agreement
if it is prevented from performing any of its obligations hereunder by reasons for which it is not
responsible as defined herein. However, notice of such impediment or delay in performance must be
timely given, and all reasonable efforts undertaken to mitigate its effects.
Multiple Counterparts. This Agreement may be executed in multiple counterparts, any one of
which shall be considered an original of this document; and all of which, when taken together, shall
constitute one and the same instrument.
IN WITNESS WHEREOF, City and Services Provider have executed this Agreement on the
dates indicated.
City of Round Rock, Texas
By: .r
Printed Nantze: M I4 M 46014 N/
Title: WIA 14
Date Signed: Z. O
Attest:
By: E4'k'L-Qcj
Sara L. White, City Secretary
For Ci 1, Appr ' ved a to Form:
B `1t.v1.!.
Step'! . L. Sheets, ity Attorney
10
International Building Services
By:
Printed ame: 7 1 -j P .'1v
Title: p i < 1
Date Signed: 5-- -- y, — p,
Notice to City:
David Kautz
Assistant City Manager/CFO
221 East Main Street AND TO:
Round Rock, TX 78664
Stephan L. Sheets
City Attorney
309 East Main Street
Round Rock, TX 78664
Nothing herein shall be construed to restrict the transmission of routine communications between
representatives of City and Services Provider.
27.01 APPLICABLE LAW; ENFORCEMENT AND VENUE
This Agreement shall be enforceable in Round Rock, Texas, and if legal action is necessary by
either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive
venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and
construed in accordance with the laws and court decisions of the State of Texas.
28.01 EXCLUSIVE AGREEMENT
This document, and all appended documents, constitutes the entire Agreement between Services
Provider and City. This Agreement may only be amended or supplemented by mutual agreement of the
parties hereto in writing, duly authorized by action of the City Manager or City Council.
29.01 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 will be sought to be resolved with the help of a mutually selected mediator. If the parties cannot
agree on a mediator, City and Services Provider 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 Services Provider hereby expressly agree that no claims or disputes'between the parties
arising out of or relating to , this Agreement or a breach thereof shall be decided by , any arbitration
proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9 USC
Section 1-14) or any applicable state arbitration statute.
30.01 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
9
IIMTATION FOR BID (FS
CITY OF ROUND ROCK PURCHASING OFFICE
221 EASTMAN STREET
ROUND ROCK TEKA3 71116411229
NOS ARE DUE TO THE PURCHASING OFFICE
BIDDING INFORMATION;
AT THE ABOVE ADDRESS BEFORE MD MORE RESPONSES
OPENING TINE. mNNI NOT SeACCE PIED
GROUNDS MAINTENANCE SERVICE
BID NUMBER 0025
°Paama DATE: 3111/2008 at 3:00 P.M.
INVOICE TO:
WOW wMelia MR4
BID LOCATION: E!1 E. Melo atfaaa, Colima Ch.mben,
Round Rosh, TXfl'EEE4
City of Round Rock
a10POMONMOOR Ifr
REHIRE NGNFDORIGINAL AND ONE COPY O s
Accounts Payable
xasoeaMOOFICxmNs
221 East Main Street
Round Rock. Texas 78864-5299
aiarnufa a MOW MOM FaENs b sip, bid MN ____y and
MINIM OfMOM ARK
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BID F.O.B. DESTINATION. FREIGHT PREPAID
ANDALLOWIEDUNLESS OTHERWISE �'// '/
SPECIFIED BELOW /``"P 4' Aim okoigie-
Print None The
DESTINATION:
ses 1.7 of BIddIng Instructions on pays 3
City 0f Round Rodc
Various Laxations
Round Rock, TX 78664
TAXI09.._. O' _Q".1-3-0_94_....._.... ... ......... ...
LEGAL. BUSINESS NAME,.-D/iej-tj411_Qyjg,_._84 N 1N (/) ... PVI CfS
AocREss:_a . 1 14Jn4r� .81.14.4.
81.1 %.--.�.-%4 .. _....... _.
AODRE53:. 114-.4 j!►.. ..'f ._[�_7-�3-__-..___ _____________ ..
c _Hie. -
TI3.EPHONE_NO.:..c.p-b) 633- 8466
_ . _ ..
BUSINESS ENTITY TYPE:
"By the signature hereon effaced, 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 taws, nor communicated directly or indirectly. the bid made to any competitor or any ether person engaged in such
line of business."
Bidder agrees to comply with all conditions set forth in this IFS.
Pre -Bid Meeting will be held to clarify any part of the soidtetion and anewer questions that may be pertinent to the protect.
Pro -Bid date: Friday. February 22, 208 Time: 9:00 AM
Location: Council Chambers, 221 East Main Street, Round Rock, TX 78864
INVITATION FOR OID (Fa
CITY OF ROUND ROCK PURCHASING OFFICE
221 EAST MAIN STREET
ROUND ROCK, TEXAS 111S54.s2W
This is for a fere year agreement with two 12 -month renewal options for grounds maintenance services in accordance with Specification
No.08-986-75, dated Jan -2008 (16 pgs). Quadrants (2 pgs) Attachment A -Insurance (4 pgs.)
NOTE ONE OR MORE AWARDS MAY BE FOR AU. ITEMS USTED OR IN PART. WHICHEVER IS IN THE BEST INTEREST OF THE CITY.
- - _• ..Sq•• _ s
•
REM IY
CLASS d= ITEM DESCRIPTION
188-75
QTY
tsar of
MEASURE
UNIT
PRICE
EXTENSION
A typical cycle is 30 calendar days for Quadrant D1 thru D4 t& P1.
1
Quadrant - D 1
Coat Per Acre $50 X 9024 acres =1 cycle
8
cycles
X4',,k rJvr/2',36,
7
099.
2
Quadrant - D 2
Cost Per Acre $5.5 X 72.79 acres =1 cycle
8
cydes -4
0-1/7- bo
3
Quadrant - D 3
Cost Per Acre &. X 55.08 acres =1 cycle
8
cycles
4,, Da
ctfib- A
4
Quadrant - D 4
Cost Per Ase SSD O X 88.91 saes =1 Cycle
8
cycles
41, i. , , 50
�
1/ /T6,/
�fi -•
5
Quadrant - P 1
Cost Per Acre $ X 29 acres =1 cycle
8
cycles
t /, cP , 224
,t440.
6
A typical cycle is 14calendar days for Quadrant ROW 1 thru ROW 5.
18
Cycles ..s..2,‘6
Se
-.67 -44z..1„6
-0/.A°
Quadrant- ROW 1
Cost Per Acre $' j( 48.3 acres =1 cycle
7
Quadrant - ROW 2
Cost Per Acre $ bS X 46.85 acres = 1 cycle
15
Cyder
�5
45?61P
,� !--, .
8
Quadrant - ROW 3
Cost Per Acre i X 19.04 acres =1 cycle
16
cycles ($/::
64
/9 ea..
9
Quadrant - ROW 4
Cost Per Acre $ CS X 29.72 acres =1 cycle
16
cycles
* % 9/,a
aD
go
10
Quadrant -ROW 5
Cost Per Acre i J X 54.18 acres =1 cycle
15
cycles
$ g rr-24
4//J610.
GRAND TOTAL&
3 - 1.
DELIVERY IN DAYS
2or3
SPECIFICATION NO.
08-988-75
DATED: JAN 2008
Attach a separate sheet if necessary. All equipment must be equipped with safe guards as outlined by ANSI and
OSHA.
B. WORK REFERENCES
List at least three commercial or governmental references demonstrating your mowing experience within the past
twenty-four months on projects similar to the scope of this contract
NAME: Walnui- Creole ironer (W W T P ) - Cl /24 Aosta'
, a
ADDRESS: D / E.
CITY: /2S0,5 rim
STATE: `TX ZIP: rj4470(
PHONE: CM1) e r --- ,4t FAX: CONTACT: M 1 ke We I cj
DESCRIPTION OF PROJECT:
($7Alna MaCvy,-t-enamck Pvv; Ces QD grrrs
NAME: A us4y1 Bt.iteat-vin S elry i Cel
ADDRESS: / U a 37.hyl S[svt
CITY: PDIMft' Rhc STATE: .13C ZIP: W C 1
PHONE: ( si `-•1' f .3U FAX: CONTACT: 61 Lk I j K1 /Y1
DESCRIPTION OF PROJECT:
t,'^n cit ilitu vrrt ,a.v c.D Sevv j c e�
NAME: Ci'Ty 4 AkAS- 101% l W ehh t'vt 1 1l WGtft'1iD)
ADDRESS: / j oebbef J i j,e Rct
CITY: AtusE.1„, STATE: 1X ZIP: /Anate
PHONE:`;J�� 9 / �I � FAX: CONTACT: Kl'M p hE+
DESCRIPTION OF PROJECT:
IAmc� M aAff16,icvn ee tits
COMMENTS
14of 16
City of Round Rock
BIDDERS QUESTIONNAIRE
SPECIFICATION NO.
08-988-75
DATED: JAN 2008
Any and al firms considering the Grounds Maintenance Contract, must complete and submit the information
requested below. This is a part of the bid and bidden who fail to submit this information will be considered
non-responsive. ((��
CONTRACTOR NAME 41114 t~t t7114 l? k ti ICi.it4 Ce
PHYSICAL ADDRESS OF EQUIPMENT
q5i-1l3C rlcr7S 3
TELEPHONE Cti-4 -'446 6 FAX (--1
EMAIL, yeas o &› 6-Ekt1i j L . fc»1 DATE & - it - 3008
State the number of years your firm has provided landscape maintenance and mowing
services 7 Years.
State the number of employees vitro will be designated to work on this contract ia'
Develop a plan of action far assignment of your crew. List the man-hours needed to perform the contract
requirements for each crew member.
OrfeIrek6e. s
EVA - eauyr, ct rits i5-4- a $ - - power
r
1 4r EzsIQ-Gr
one C� 4.icRs care 0+ - A crS.
A. EQUIPMENT UST
(List an equipment you plan to dedicate to this project(s))-
- -I
• Tit. i pr -- 1
DrIval,tp 4 "firunL mndaer - I t I.y ,yeah old)
• Out 4-wvt-L /wlow er -3 Cs year o1 d )
• toss pc etred .1,10w er - (-1- year aid)
tat Po,0 a red ;,were ev -- S C I S jeer eA d)
&ma Pc. reli C-4 er - - - C I year ..1d)
13 of 16
1
SPECIFICATION NO.
08-988-75
DATED: JAN 2008
Sample A - "Notice To Proceed" Document
City of Round Rock
NOTICE TO PROCEED
TO: JOHN O. CONTRACTOR. LAWN MOWER CONSTRUCTION
FROM: CITY INSPECTOR
SUBJECT: START OF MOWING CONTRACT. CYCLE XX
DATE: APRIL 1. 2008
This is the official notice to proceed with ground's maintenance of Quadrant ROW 1. Please review the specifications
in the contract and begin this cycle. ROW 1 must be completed to contract specifications by Apol 14, 2008.
Contract specifications will be strictly enforced for the duration of this contract.
Remember to clean off curbs and sidewalks. Notify this office of any large piles of debris.
Fax daily "Work Record Summary "of completed areas to: Fax number is 512-218-5548.
If you have questions please call me at 512-218-5547.
.En v-na. sod F i 1cI 6e1/4 ices
Contractor Name , ^
Authorized Repreesb��f ive Signature
Name K. Kivn
G:3 -/%-tea(
Date
City Inspector Signature
Print Name
Date
Note: Notice to Proceed must be signed and dated and have the appropriate Work
Summary reports tumed in to City inspector before another Notice to Proceed is issued.
15 of 16
Sample B — "Work Record Summary"
City of Round Rod(
SPECIFICATION NO.
08-988-75
DATED: JAN 2008
WORK RECORD SUMMARY
TO:
CITY OF ROUND ROCK INSPECTOR
FAX No. J5121218-5548 Phone: (5121218.5547
FROM: JOHN Q. CONTRACTOR LAWN MOWER CONSTRUCTION
SUBJECT: WORK RECORD SUMMARY. CYCLE XX
DATE: APRIL 2. 2008
DALY WORK SUMMARY:
LOCATION DESCRIPTION
ACRES
QUADRANT
TIME
COMPLETE DATE
University Blvd Oakmont to CR
48
ROW 1
1:46 pm
April 2, 2008
16 of 16
*•
IFB No. 08-025
ROUND ROQC, TEXAS
PURPOSE RIEM PROSPERITY
CITY OF ROUND ROCK, TEXAS
INVITATION FOR BID ADDENDUM
GROUNDS MAINTENANCE SERVICES
Addendum No. 1 Date of Addendum: February 25.200$
The following items in the IFB identified above have been changed:
The attached "Quadrants — Rights Of Way" has been revised to include Mapsco Grid and
replaces current "Rights Of Way" quadrant listing.
The attached "Quadrants — Drainage/Parks" with attached maps has been revised to include
Mapsco Grid and three park maps (Woods. Somerset & Hidden Glenn) replaces current
"Drainage/Parks" quadrant listing.
Clarification — Bid -opening date is scheduled for March 11, 2008 at 3:00 p.m.
All other terms and conditions of this IFB and specifications remain unchanged.
Approved by _U
By the signatures affixed below, Addendum No. 1 is hereby incorporated into and made a part
of the above referenced IFB.
ACKNOWLEDGED
CKNOWLEDGED
I �i�rr
Vendor
Ces �a -- 63 --//—revs
Authorized Signature Date
RETURN ONE COPY OF THIS ADDENDUM TO THE PURCHASING OFFICE, CITY OF
ROUND ROCK WITH YOUR SEALED BID. FAILURE TO DO SO MAY CONSTITUTE
GROUNDS FOR REJECTION OF YOUR BID.
BIDDER INSTRUCTIONS
ITEMS BELOW APPLY TO AND BECOME A PART OF TERMS AND CONDITIONS OF BID
ANY EXCEPTIONS THERETO MUST BE IN WRITING
1. BIDDING REQUIREMENTS:
1.1 Bidding requires pricing per unit shown and extensions. If trade discount is shown on bid, it should be deducted and net line extensions shown. Bidders guarantees
product offered will meet or exceed specifcations Identified In this Invitation For Bld (IFB).
12 Bids should be submitted on this form. Each bid shalt be placed in a separate envelope completely and properly identified. See instructions on IFB. Bids must be in the
Purchasing Office before the hour and date specified on the IFB.
1.3 Late bids property identified will be returned to bidder unopened. Late bids will not be considered.
1.4 Bid F.O.B. destination, freight, prepaid, & allowed unless otherwise specified on the IFB. If otherwise, show exact cost to delver.
1.5 Bld unit price on quantity and unit of measwe specified, extend and show total. In case of errors In extension, unit prices shall govem. Bids subject to unlimited price
increase will not be considered.
1.6 Bid prices shall be firm for acceptance 30 days from bid opening date. "Discount from List" bids are not acceptance unless requested. Cash discount will not be
considered in determining the low bid. Al cash discounts offered will be taken if earned.
1.7 Bids shat give Tax Identification Number, ful name and address of bidder. Failure to sign will disqualfy bid. Person signing bid shall show tittle and authority to bind
signatories firm in a contract. Firm name should appear on each page in the block provided in the upper right comer. Business Entity shal be one (1) of the following:
Individual, Partnership, Sole Proprietorship, Estate/Trust, Corporation, Governmental. Non-profit, all others shall be specified. INDIVIDUAL: List name and number as
shown on Social Security Card. SOLE PROPRIETORSHIP; List legal name followed by legal business name and Social Security Number. ALL OTHERS; List legal name
of entity and Tax Identification Number (Tin).
1.8 Bid cannot be altered or amended after opening time. Any Alterations made before opening time shall be initialed by bidder or an authorized agent. No bid can be
withdrawn after opening time without approval of the CITY based on a written acceptable reason.
1.9 The City is exempt from State Sales Tax and Federal Excise Tax. Do not include tax in bid.
1.10 The City reserves the right to accept or reject all or any part of bid, waive minor technicalities and award the bid to best serve the interests of the City, Split awards may be
made at the sole discretion of the City.
1.11 Consistent and continued tie bids could cause rejection of bids by the City and/or investigation for antitrust violations.
1.12 Telephone bids and facsirrmte bids are not acceptable in response to the IFB.
1.13 CAUTION: Bid Invitation allows sufficient time for receipt of the preferred mal response. The Cly shall not be responsible for bids received late, illegible, incomplete, or
otherwise non-responsive
2. SPECIFICATION:
2.1 Any catalog, brand name or manufacturers reference used in IFB is descriptive only (not restrictive), and is used to indicate type and qualky desired. Bids on brands of Ike
nature and quality will be considered unless advertised under the provisions of Section 252.022 of the Texas Local Government Code. If other than brand(s) specified Is
offered, illustrations and complete descriptions of product offered are requested to be made a part of the bid. If bidder takes no exceptions to specifications or reference
data in bid, bidder will be required to furnish brand names, numbers. etc, as specified In the IFB.
22 Ail items bid shall be new, in first class condition. including containers suitable for shipment and storage, unless otherwise indicated in IFB. Verbal agreements to the
contrary will not be recognized.
2.3 Samples, when requested, must be furnished free of expense to the City. If not destroyed in examination, they MI be returned to the bidder, on request at bidder expense.
Each example should be marked with bidders' name and address, City bid number and code. Do not enclose in or attach to bub.
2.4 The City will not be bound by any oral statement or representation contrary to the written specifications of this IFB.
2.5 Manufacturers standard warranty shall apply unless otherwise stated in the IFB.
3. TIE BIDS: In case of tie bids. the award will be made in accordance with Section 271.901 of the Texas Local Govemment Code.
4. DELIVERY:
4.1 Bid should show number of days required to place material in City's designated location under normal conditions. Failure to state deliver time obligates bidder to complete
delivery in fourteen (14) calendar days. Unrealistically short or long delivery promises may cause bid to be disregarded. Consistent failure to meet delivery promises
without valid reason may cause removal from bid list. (See 4.2 folowing.)
4.2 If delay is foreseen, contractor shall give written notice to the City. The City has the right to extend delivery date if reasons appear vaid. Contractor must keep the City
advised at at times of status of order. Default in promised thievery (without acceptable reasons) or falure to meet specifications, authorizes the City to purchase supplies
elsewhere and charge full increase, if any, in cost and handling to defaulting contractor.
4.3 No substitutions or cancellations permitted without written approval of the City.
4.4 Delivery shat be made during normal working hours only, unless prior approval for late delivery has been obtained from the City, unless otherwise specified in the IFB.
5. INSPECTION AND TESTS: All goods will be subject to inspection and test by the City to the extent practicable at all times and places. Authorized City personnel shall have
access to any suppliers place of business for the purpose of inspecting merchandise. Tests may be performed on samples submitted with the bid or on samples taken from
regular shipments. If the products tested fal to meet or exceed all conditions and requirements of the specifications, the cost of the sample used and the cost of the testing shall
be borne by the suppler. Goods, which have been delivered and rejected In whole or in part, may, at the City's option, be returned to the Vendor or held for disposition at Vendor's
risk and expense. Latent defects may result in revocation of acceptance.
6. AWARD OF CONTRACT: A response to an iFB is an offer to contract with the City based loon the terms, conditions, and specifications contained b the IFB. Bids do not become
contracts unless and unti they are accepted by the City through its designates and a purchase order is issued. The contract shall be governed, construed, and interpreted under
the Charter of the City and the taws of State of Texas. Al contracts are subject to the approval of the City Council or Manager.
7. PAYMENT: Vendor shat submit three (3) copies of an invoice showing the purchase order number on al copies.
8. PATENTS AND COPYRIGHTS: The contractor agrees to protect the City from calms involving infringements of patents or copyrights.
9. VENDOR ASSIGNMENTS: Vendor hereby assigns to purchaser any and all tains for overcharges associated wfth this contract, which arise under the antitrust taws of the State
of Texas. Tx, Bus. And Comm. Code Ann. Sec. 15.01, et seq. (1967).
10. BIDDER AFFIRMATION:
10.1 Signing this bid with a false statement is a material breach of contract and shal void the submitted bid or any resulting contracts, and the bidder shall be removed from all
bid lists. By signature hereon affixed, the bidder hereby certifies that
10.2 The bidder has not given, offered to give, nor intends to give any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount tip. favor.
or service to a public servant in connection with the submitted bb.
10.3 The bidder is not currently delinquent in the payment of any debt owed the City.
10.4 Neither the bidder nor the firm, corporation, partnership, or any entity represented by the bidder, or anyone acting for such firm. corporation, or entity has violated the
antlrost laws of this State codified in Section 15.01 et. Seq. Texas Business and Commercial Code, or the Federal Antitrust Laws, nor communicated directly or indirecty
the bid made to any competitor, or any other person engaged in such Me of business.
10.5 The bidder has not received compensation for participation In the preparation of the specification for this IFB.
11. NOTE TO BIDDERS: Any terms and conditions attached to bid will not be considered unless the bidder specifically references them on the front of this bid form. WARNING: Such
terns and conditions may result in disqualification of the bid (e.g. bids with the laws of a state other than Texas requirements for prepayment. Li ntatbns on remedies, etc.) The
Cly of Round Rock can only accept bids which contain all the terms and conditions of its formal IFB; in particular, aN bidders affirmations and certifications must be included.
Submission of blds on fors other than City bid form may result in disqualification of your bid.
12. INQUIRIES: Inquiries pertaining to bid invitations must give bid number. codes, and opening date.
Bidder Instructions
Page 3 Of 3 Rev.: 0404-05
SPECIFICATION NO.
08-988-75
DATED: JAN 2008
CITY OF ROUND ROCK
GROUND MAINTENANCE SERVICES
PART1
GENERAL
t. PURPOSE: The City seeks to establish a multiple year contract with a responsible bidder that has the
means and ability to maintain the grounds on the City's right of ways, drainage/retentions and parkland.
Vendor shall provide services to include, but not limited to mowing, edging and trimming, raking, removing
and disposing of litter as needed and in the specified time period throughout the term of the contract.
2. PEFINITIONS: The following definitions will be used for identified terms throughout the specification and bid
document:
2.1. Bidder identified throughout this specification shall describe persons and entities that consider
themselves qualified to provide the goods, equipment or services.
2.2. _QW identifies the City of Round Rock, Travis and Williamson County, Texas.
2.3. Agreement is a mutually binding legal document obligating the Vendor to furnish the goods,
equipment or services, and obligating the City to pay for it.
2.4. Vendor — (Sometimes referred to as Contractor) A person or business enterprise providing goods,
equipment, labor and/or services to the City as fulfillment of obligations arising from a contract or
purchase order.
2.5. Goods represent materials, supplies, commodities and equipment.
2.6. Purchase Order is an order placed by the Purchasing Office for the purchase of Goods 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 authority to deliver and invoice the City for
Goods or Services specified, and the City's commitment to accept the Goods or Services for an
agreed upon price.
2.7. Services - work performed to meet a demand. The fumishing of labor, time, or effort by the vendor
and their ability to comply with promised delivery dates, specification and technical assistance
specified
2.8. Subcontractor - Any person or business enterprise providing goods, labor, and/or services 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.
3. GROUNDS MAINTENANCE DEFINITIONS:
3.1. Vegetation shall refer to plant life and/or material
3.2. Quadrant shall refer to geographic area(s) of the City designated to receive specified grounds
maintenance services. This area includes medians, rights-of-way drainage/retentions and parks.
3.3. Maintenance Schedule shall mean the time periods established for the service.
3.4. Maintenance Cycle shall refer to each time period in the maintenance schedule for the service year.
A beginning and ending date, in which all prescribed maintenance activities for each quadrant shall
be completed, define each time period. A typical cycle for
3.4.1. Medians and Right of Ways is 14 calendar days.
3.4.2. Drainage/retention areas and parklands is 30 calendar days.
3.5. Insoector shall mean the City's authorized designee, who shall monitor the Contractor's progress
within the Quadrant Area he is assigned. The inspector shall have no duty to inspect, but may
inspect at his discretion.
3.6. Inclement Weather shall mean wet or rainy weather when the condition of the soil is such that the
rutting of property will not allow cutting of grass to be accomplished satisfactorily. This
determination shall be made at the sole discretion of the City
Page 1 of 16
SPECIFICATION NO.
08-988-75
DATED: JAN 2008
3.7. Production Rate - Shall refer to the acreage to be maintained per day. The production rate shall be
calculated in the following manner.
ACREAGE IDENTIFIED TO BE MAINTAINED
NUMBER OF DAYS REMAINING IN CYCLE = PRODUCTION RATE
For the purpose of this Contract the minimum production rate shall be 10 acres per day.
3.8. Trash and Litter - Shall mean any debris within the Quadrant Area such as paper, cans, bottles,
limbs four (4") inches diameter or smaller, trash bags, rocks, etc., which is not intended to be
present as part of the landscape. The Quadrant Area includes streets, sidewalks, curbs, catch
basins, gutters, hillsides, ditches, etc. Removal of debris shall require sweeping or blowing off of
hard surfaces such as sidewalks and concrete noses of medians.
3.9. Litter Removal Cvde - Shall mean the removal of trash and litter from the assigned Quadrant Areas
as determined by the City's Inspector. The issuance of a work order for litter removal only does not
require mowing, trimming, edging, etc.
3.10. Trimming - Shall refer to the cutting or removal of vegetation immediately adjacent to or under
Quadrant Area structures, poles, trees, signs, fences, planting beds, etc. Trimming may be
accomplished by manual or chemical means.
Also, includes removal of vegetation from expansion joints and any other cracks in curbs, sidewalks
(both sides), driveways and any other concrete surface within the median or rights of way.
Chemical Trimming shall refer to the use of a herbicide (such as Roundup and/or approved equal
containing a pre -emergent such as Oust or an approved equal) as an alternative to the physical
removal or cutting of plant material from areas to be trimmed.
3.11. Edging - Shall refer to the vertical removal of any and all plant material , which encroaches over or
onto sidewalks (both sides), curbs, steps, driveways, and pavements. Edge cut shall remove
vegetation from concrete surfaces.
3.12. Scalping - Shall refer to any action resulting in the mowing of any turf area below a three-inch (3")
height down to and including the soil.
3.13. Shrub/Flower Beds - Shall mean any purposefully planted domestic, ornamental plant growth.
3.14. Mulch Areas or Tree Wells - Shall refer to those areas adjacent to trees, shrub beds, and other
purposefully planted landscape areas in which all plant growth Is removed and a protective covering
of organic substances is placed to prevent evaporation of moisture, control weed growth, prevent
mechanical damage to landscape and for aesthetic reasons.
3.15. Work Record Summary - Shall mean a written record detailing times and locations of when the
contractor and employees were on the job site completing work per contract specifications.
3.16. Median- Shall mean the center island of the listed streets from curb line to curb line plus all traffic
triangles, where they exist, on sides of the intersections. This includes curb gutter joints where the
curb meets the roadway and concrete paved areas from end of grass to the curb.
3.17. Rights of Way- Shall mean the area extending from the right or left of the center line of the road bed
or paved surface to the nearest property line; that indudes but is not limited to curbs, sidewalks,
walkways, drainage ditches, burrow ditches and any other areas owned, dedicated, used or
reserved for public use.
3.18. Detention Pond- storage of storm runoff for a controlled release during or immediately following a
storm.
Off-site detention - A detention pond located outside the boundary of the area it serves.
On-site detention - A detention pond which is located within the specific site or subdivision it serves.
On -stream detention - The temporary storage of storrn runoff behind embankments or dams
located in a channel.
Regional detention - Detention facilities provided to control excess runoff based on a watershed -
wide hydrologic analysis
3.19. Drainage Channel- A channel built with unvarying cross section and constant bottom sbpe.
3.20.arkland: Is property owned by the City that is dedicated for recreational use.
CLARIFICATION: For darification of specification, bidders may contact:
Page 2 of 16
SPECIFICATION NO.
08-988-75
DATED: JAN 2008
Carolyn Brooks, CPPB
Purchasing Division
(512) 218-5457
cm b218@ro und-rock.tx. us
The individual listed above may be contacted by telephone, e-mail, or visited 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 through the Purchasing Division.
5. CONFLICT OF INTEREST: Effective January 1, 2006, Chapter 176 of the Texas Local Govemment Code
(House Bill 914) requires that any vendor or person considering doing business with a local govemment
entity disclose the vendor or person's affiliation or business relationship that might cause a conflict of interest
with a local government entity. The Conflict of Interest Questionnaire form is available from the Texas Ethics
Commission at www.ethics.state.tx.us. Completed Conflict of Interest Questionnaires may be mailed or
delivered by hand to the City Secretary. If mailing a completed form, please mail to:
City of Round Rock
City Secretary
221 East Main Street
Round Rock, Texas 78664
5.1. Any attempt to intentionally or unintentionally conceal or obfuscate a conflict of interest
may automatically result in the disqualification of the vendor's proposal.
PART II
GENERAL CLAUSES AND CONDITIONS
1. LABOR: The Vendor shall provide all labor and goods necessary to perform the service. The Vendor shall
employee all personnel for work in accordance with the requirements set forth by the United States
Department of Labor.
2. EXCEPTIONS: Any variation from this specification must be indicated on the bid or on a separate
attachment to the bid. The sheet shall be labeled as such.
3. STANDARDIZATION: The City of Round Rock is committed to procuring quality goods and equipment. We
encourage manufacturers to adopt the International Organization for Standardization (ISO) 9001-9003, latest
revision 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 within these standards can result in reduced
production costs, higher quality products, and more efficient use of energy and natural resources.
Manufacturers should note that future revisions to this specification might require ISO certification.
4. ENVIRONMENT: It is the intent of the City to purchase goods and equipment having the least adverse
environmental impact, within the constraints of statutory purchasing requirements, departmental needs,
availability, and sound economical considerations. Suggested changes and environmental enhancements
for possible inclusion in future revisions of this specification are encouraged.
5. DAMAGE: The Vendor shall be responsible for damage to the City's equipment and/or property, the
workplace and its contents by its work, negligence in work, its personnel and equipment. The Vendor shall
be responsible and liable for the safety; injury and health of its working personnel while Its employees are
performing service work.
6. WORKPLACE: The City is committed to maintaining an alcohol and drug free workplace. Possession, use,
or being under the influence of alcohol or controlled substances by Vendor, Vendor's employees,
subcontractor(s) or subcontractor (s') employees while in the performance of the service is prohibited.
Violation of this requirement shall constitute grounds for termination of the service.
7. BEST VALUE EVALUATION: All bids received shall be evaluated based on the best value for the City. Best
value will be determined by considering all or part of the criteria listed, as well as any relevant criteria
specifically listed In the solicitation.
7.1. Bid price
7.2. Reputation of the bidder and of bidder's goods and services.
7.3. The quality of the bidder's goods or services.
7.4. The extent to which the goods or services meet the City's needs
Page 3 of 16
SPECIFICATION NO.
08-988-75
DATED: JAN 2008
7.5. 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 meet specifications, poor quality,
poor workmanship, late delivery.
7.6. The total long-term cost to the Municipality to acquire the bidder's goods or services.
8 fX PARTE COMMUNICATION: Please note that to insure the proper and fair evaluation of a bid, the City
of Round Rock prohibits ex parte communication (e.g., unsolicited) initiated by the Bidder to the City Official
or Employee evaluating or considering the bids prior to the time a bid decision has been made.
Communication between Bidder and the City will be initiated by the appropriate City Official or Employee in
order to obtain information or clarification needed to develop a proper and accurate evaluation of the bid. Ex
parte communication may be grounds for disqualifying the offending Bidder from consideration or award of
the bid then in evaluation, or any future bid.
9. PRICE: The contract price bid shall be firm for the duration of the contract or extension periods. No
separate line item charges shall be permitted for either bidding or invoice purposes, which shall include
equipment rental, demurrage, all cost associated with obtaining permits or any other extraneous charges.
10. PRICE ADJUSTMENT: The City may permit "unit price" adjustments upward, only as a result of a cost
increase in goods or services in accordance with the Producers Price Index located at
httoJ/statsbls.00v/opithome.htm. 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 excess of the allowable percentage change at any time.
11. AGREEMENT: The term of the Agreement resulting from the solicitation may be for five consecutive 12
month periods of time from the effective date and shall remain in full force and effect unless and until it
expires by operation of the term stated or until terminated or extended as provided herein. The City reserves
the right to:
11.1. Renew the Agreement for two additional periods of time not to exceed twelve months for each
renewal provided bother parties agree.
11.2. Review the following at the end of each twelve-month period or renewal:
11.2.1. Vendor performance
11.2.2. Price
11.2.3. Continuing need
11.2.4. Advancements in technologies and or service
11.3. The City may terminate the Agreement with or without cause or may continue through to the next
twelve-month review or renewal period.
12. 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 goods and or services
needed to satisfy operating requirements, which may be more or less than indicated.
13. INTERLOCAL COOPERATIVE CONTRACTIN: Other governmental entities within the State of Texas may be
extended the opportunity to purchase off of the City of Round Rock's solicitation, with the consent and agreement
of the successful vendor(s) and the City of Round Rock. Such consent and agreement shall be conclusively
inferred from lack of exception to this cause in vendor's response. However, all parties indicate their
understanding and all parties hereby expressly agree that the City of Round Rock is not an agent of, partner to, or
representative of those outside agencies or entities and that the City of Round Rock is not obligated or liable for
any action or debts that may arise out of such independently negotiated "piggyback' procurements.
14. NON -APPROPRIATION: The resulting Agreement is a commitment of the City's current revenues only. It is
understood and agreed the City shall have the right to terminate the Agreement at the end of any City fiscal
year if the goveming 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.
15. 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 period of time not to exceed 120 days after
written notification. Termination under this paragraph shall not relieve the Vendor of any obligation or liability
that has occurred prior to cancellation. NOTE: This Agreement is subject to cancellation, without
penalty, at any time the City deems the vendor to be non-compliant with contractual obligations.
16. ABANDONMENT OR DEFAULT: A Vendor who abandons or defaults the work on the contract and causes
the City to purchase the services elsewhere may be charged the difference in service, if any and shall not be
Page 4 of 16
SPECIFICATION NO.
08-988-75
DATED: JAN 2008
PART 1Ii,
SPECIFICATIONS
1. SCOPE: This specification describes a service to maintain the grounds on the City's medians, right of ways,
drainage/retention areas and parkland. Services shall include all labor and goods needed to mow, edge,
trim, remove and dispose of litter in the specified time to maintain and establish a good appearance to City
grounds that discourages dumping and undesirable activities. A listing of the quadrant areas to be
maintained is attached.
2. STATEMENT OF INTENT: These specifications cover only the general requirements as to the performance,
as well as certain details to which the successful bidder shall conform. Bidders shall be responsible for the
maintenance of several sites on a schedule and provide service as determined in the notice to proceed per
the City's instructions and deliver a service that meets or exceeds all of the requirements herein.
3. PRE-BID MEETING: A pre-bid meeting will be held to clarify any parts of the solicitation and answer
questions. Date, time and location of the pre-bid meeting will be stated on the solicitation.
3.1. Any significant changes to the solicitation as a result of the discussions at the pre-bid conference
will be posted on the web site at: roundrocktexas.gov/bids
4. SITE VISITS. Each bidder is encouraged to visit all mowing locations to determine size and site conditions.
The act of submitting a bid is to be considered acknowledgement by the bidder that they have visited the
site, taken field measurements and are familiar with the conditions and requirements affecting the work.
Failure to do so will not relieve the successful bidder of his obligation to fumish all materials and labor
necessary to carry out the requirements as set forth in these specifications.
5. BIDDER QUALIFICATIONS: The opening of a bid will not be construed as the City's acceptance of such
bidder as qualified and responsible. All bidders shall:
5.1. Have adequate organization, facilities, equipment and personnel to ensure prompt and efficient
service to the City.
5.2. Have a minimum of five consecutive years experience in landscape maintenance, which includes
manicured grass maintenance, shrub and bed maintenance, planting and maintenance of trees.
5.3. Have successfully completed a landscape maintenance contract of similar size and scope.
5.4. Provide a written operational plan outlining bidders proposed work schedule to ensure
compliance of cycle time. Any response submitted without an operational elan will not be
considered for award.
5.5. Provide completed "Bidders Questionnaire" attached
5.6. Submit with their bld, a list of equipment to be used for this contract. The list of equipment
should include year, model, make and number of used hours on all equipment to be used.
The City has the right to inspect all equipment dedicated for use on this service prior to
award of the bld. During inspection, the bidder shall have all equipment that is dedicated to
the service on hand or have original receipt of purchase or lease to show ownership. All
equipment the bidder is committing to this service, if awarded, should be included in the
listing. Experience has shown that it is essential to have back-up equipment to allow for
breakdowns.
5.7. Provide references to include the name, address, telephone number and point of contract of at least
three entities for which the bidder has performed similar service and or utilized the exact technology
within the past three years. Any negative responses received may result in disqualification of bid.
5.8. Identify any subcontractors to be used for this service. Experience, qualifications and references of
the subcontractors shall be submitted. The City reserves the right to approve or disapprove all
subcontractors prior to any work being performed.
6. CONFIDENTIALITY OF CONTENT: All bid contents submitted in response to this iFB shall be held
confidential until a contract is awarded. Following the contract award, bids 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.
6.1. 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 part of the bid, which the
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SPECIFICATION NO.
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Bidder believes to be confidential. Vague and general claims as to confidentiality shall not be
accepted. All bids and parts of bids that are not marked as confidential will be automatically
considered public information after the contract is awarded.
7. SERVICE REQUIREMENTS: The vendor shall:
7.1. Obtain and provide all supervision, labor, equipment, services, fuel, oil, incidentals, permits,
notifications and related items necessary to complete the work as required by this specification.
7.2. Furnish all tools, hard hats, safety vests, rubber boots, gloves, transportation to and from the work
area, and all other safety materials or devices necessary to perform the work in a safe and orderly
manner.
7.3. Have an on-site supervisor at the site any time work is performed.
7.4. Protect all existing and newly installed work, materials, equipment, improvements, utilities,
structures, and vegetation. Any property or incidentals damaged shall be repaired or replaced to
the satisfaction of the City and at Contractor expense.
7.5. Work shall be performed on a schedule defined by the City. It is anticipated that the mowing
season will begin about April 1st and end by October 30th.
7.6. All work shall be performed in a professional workmanlike manner.
8. CITY RESPONSIBIUTY: City will:
8.1. Appoint a City inspector.
8.2. Monitor and inspect the ground maintenance at designated parcels.
8.3. Coordinate all work with the vendor.
8.4. The City retains the authority to cancel maintenance cycles at any time. The cancellation will be
based upon need and prevailing weather conditions. It is assumed that the Vendor will be notified
of any cancellation(s) at such time that a Notice to Proceed is issued for any maintenance cycle.
8.5. The City reserves the right to rearrange the mowing cycle and locations within the City at any time.
This determination will be made by the City and communicated to the Vendor in writing via e-mail or
fax.
9. EQUIPMENT: Prior to commencement of work, all equipment may be examined and approved by a City
authorized designee. The City reserves the right to randomly inspect all equipment at any time during the
term of the agreement or any extension period.
Recommended minimum equipment for each Quadrant is:
2- out -front type mowers 4- gas powered string trimmers
2- gas powered blowers 1- vehicle (van or truck)
1- trailer to transport mowers 2- gas -powered edgers
9.1. Insufficient and/or inadequate equipment as determined by the City is cause for rejection of any and
all bids.
9.2. All medians shall be mowed with an out -front type mower. No tractors, brush hogs, 580-D or similar
type equipment shall be used on City medians.
9.3. All mowers shall be equipped with either safety chains or the manufacturer's safety device to
prevent mower thrown objects.
9.4. Chain shall be a minimum of 5/16 inches in size and links spaced side by side around the mower's
front, sides, and rear.
9.5. Maximum cutting widths for rigid frame rotary mowers shall be 108 inches.
9.6. All mowers shall be kept in good operating condition and shall be maintained to provide a clean,
sharp cut of vegetation at all times.
NOTE: The City Inspector will approve hinged or batwing mower cutting widths before use.
10. WORK ORDERS. ASSIGNMENTS AND INSPECTION OF WORK:
10.1. Work added or deleted shall be specified by medians, rights-of-way drainage/retentions and parks.
Jointly, representatives of the City and the Vendor shall measure the drainage ditch areas added or
deleted to determine the exact acreage. Such measurements shall be documented and signed by
both the City and Contractor.
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10.2. Inspectors Duties: The City may make inspections, re -inspections, monitor Contractor activities,
ensure the work performed in the assigned Quadrant is done to the quality level prescribed in this
Contract and in accordance with prescribed time schedules; however the City's Inspector has no
duty or obligation to make inspections. Upon determination of any violation of the specifications
and/or terms of this contract, the Inspector will record, process, and submit all pertinent information
to the City's Contract Administrator for appropriate action.
10.3. )Notice To Proceed and Payment: Notice To Proceed for each cycle will be issued from the City's
authorized designee. See Sample A attached. The Notice To Proceed will:
10.3.1. Be issued before work is to begin in the Quadrant Area and will follow the schedule of
maintenance cycles as dosely as possible.
10.3.2. Consist of a written list of specified areas of land designated for grounds maintenance.
10.3.3. Be considered complete when all work has been inspected and approved by the Inspector
and has been signed by both the Inspector and Contractor indicating that agreement
exists as to the information shown on the Notice To Proceed. Such information shall
consist of grounds maintenance locations, acreage actually maintained, and the
acceptability of the maintenance activities performed.
10.3.4. Be dated, certified, and signed by the Contractor and Inspector. Payment will be
authorized upon receipt of Approved Notice To Proceed to the City's authorized designee
after each cycle along with an invoice on Contractor's letterhead.
It shall be mandatory that all Notice To Proceeds be completed after the end of each cycle,
before another Notice To Proceed may be issued. Failure to obtain Notice To Proceed prior
to beginning the next cycle may be considered a breach of contract.
10.4. Work Record Summary: Shall accompany the Notice To Proceed detailing dates, times, and
locations of when work was completed per Contract specifications. No Notice To Proceed will be
approved without this information attached nor will a new Notice To Proceed be issued until all
terms and conditions of the prior Notice To Proceed are satisfied. See Sample B attached.
10.5. Daily Contact: The Contractor should make daily contact with the CiWs Inspector, at a time
mutually agreed upon by the inspector and the Contractor. This daily contact is for discussing
areas to be maintained, Contractor's work schedule for the day, areas to be inspected for approval,
and Notice To Proceeds that need to be signed. Failure to contact the City's Inspector on a
daily basis may constitute a breach of Contract
10.6. Time to Complete Work: Upon issuance of a Notice To Proceed, Contractor shall begin work and
proceed with all reasonable dispatch to completion. The Contractor shall be required to maintain all
quadrant areas assigned in the time allotted (maintenance cycle) for each Quadrant area. Work
started within a quadrant should be completed in consecutive days.
Inclement weather may result in the cancellation of a mowing cycle. The Inspector will be
responsible for cancellation of cycles.
10.7. Maintenance Schedule: AM Quadrants shall be maintained according to the maintenance schedule
assigned. Failure on the part of the Contractor to maintain the required production rate for a
Quadrant Area shall be sufficient reason for the City's Inspector to have the work in question or
portions thereof completed by others if the Contractor fails to cure the default within forty-eight (48)
hours of written or verbal notice of the default.
10.7.1. Failure to maintain the mowing schedule shall be determined in the following manner:
10.7.1.1. Contractor shall correct any deficiencies in work within 48 hours of written or
verbal notification. In the event the Contractor fails to correct the default to the
satisfaction of the City within the specified time, or such greater time as the City
may permit, the City shall exercise all rights, including the right to terminate the
Contract in whole or part.
10.7.1.2.A portion or portions of the work may be removed from Contractor's responsibility
and may be reassigned to another contractor.
10.8. Assessment of Damage to Trees During Grounds Maintenance Operations:
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10.8.1. The City and Contractor should inspect, upon Contract award, all trees for existing
damages prior to conducting any work activity in the assigned Quadrant. Observed tree
damage shall be documented by memo to the City's Inspector.
10.8.2. The assigned Inspector may check trees in the Contract area before work begins, and
random checks may be carried out during the Contract period at the option of the City.
10.9. Protection of Existing Sites, Structures and Utilities: Where performance of maintenance activities
endangers adjacent sites, structures and utilities, the Contractor shall at his own expense carefully
protect all such sites, structures and utilities so that there will be no loss or utilities service damage.
In case of damage to existing sites, structures or utilities, the Contractor shall restore the site,
structure or utility to its original condition and position without compensation from the City.
11. MOWING: Quadrants shall be mowed, trimmed and edged as specified upon notification of the City's
Inspector through the Contract period and any extension period.
11.1. All Trash and litter shall be removed from the entire area prior to initiating any mowing of the turf
areas.
11.2. All turf shall be cut at a height of three (3) to four (4) inches.
11.3. Detention/ Retention Ponds and Parkland shall be mowed monthly upon notification of the City's
Inspector thorough the contract period.
11.3.1. All mowing equipment shall be of rotary type mowers equipped with sharp blades so as
not to tear, but cleanly cut the blades of grass. All grass shall be cut at a height of 3-4".
11.4. Medians and Right -of -Way shall be mowed, trimmed an edged once every fourteen days.
11.4.1. All mowing shall be complete to the next natural barrier (e.g. street, intersection, dead end,
etc.) within 24 hours of start of mowing of said area.
11.4.2. Turf shall be cut in a professional manner as not to scalp turf or leave areas of uncut
grass.
11.4.3. Extreme care shall be used when maintaining Right -of -Way. Any damage sustained to a
homeowner's property shall be the responsibility of the Contractor. Where there is a fence
line, the Contractor shall mow and trim to fence line.
11.4.4. Trash and litter, cut or broken during maintenance operations, shall be completely
removed from median and rights of way areas, prior to proceeding with the maintenance of
other areas.
11.4.5. Upon completion, a mowed area shall be free of clumped grass and tire tracks or ruts from
the mowing equipment.
11.4.6. Equipment shall be operated at a speed to provide the optimal desired cut designated by
the City's Inspector.
11.5. All trash and litter removed shall be disposed of by contractor to an off-site location.
11.6. Care shall be taken to prevent discharge of grass clippings onto paved surfaces such as streets,
parking lots, sidewalks, driveways, or onto adjacent properties. Any material so discharged shall be
removed immediately prior to proceeding with mowing of other areas.
11.7. If an area is maintained by a homeowner, the Contractor shall not mow that area. Contractor should
use care when mowing against fences, property lines, and other obstacles.
12. TRIMMING: All vegetation in cracks, seams and/or joints of paved areas such as sidewalks, curbs, and
driveways shall be cut down to the pavement surface during the completion of each mowing cyde.
12.1. The use of herbicides to control such growth may be permitted, with prior approval of the assigned
Inspector, herbicide usage shall comply with the TSPB and/or TDA rules and regulations.
12.2. AH median and rights of way structures, trees, poles, signs, fences and shrub beds are to be
trimmed closely. Special care shall be given to trimming around small trees as not to inflict damage
to the bark of the trees.
12.3. All trimming shall be accomplished maintaining the required 3"-4" cutting height. All trimming shall
be accomplished concurrently with mowing operations. Trimming can be reduced by chemical
trimming, with prior approval of assigned Inspector.
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12.4. Band of chemical application shall not exceed six inches (6") from target structure of chemical
treatment. Approval of herbicides shall be obtained from the City's Inspector prior to herbicide
application.
12.5. All chemical treatments shall be performed under the direction of a commercial applicator license
through the Structural Pest Control Board (SPCB) or Texas Department of Agricultural (TDA).
12.6. Chemical edging shall be in accordance with SPCB or TDA rules and regulations. Approval must
be obtained from the City Inspector prior to application.
12.7. Chemical edging cannot be visible and all chemical treatments shall be growth regulators, however,
herbicides can be used in nose cones and concrete areas only.
12.8. Application shall be in compliance with label directions and the Texas Structural Pest Control Board
rules and regulations. Treated weeds that are left after kill by chemical application shall be
removed from area.
Performance measure: Visible separation of turf from concrete and no vegetation overhanging on to
concrete surface and no larger than a 6" band around obstacles.
13. MULCH AREAS OR TREE WELLS: All vegetation shall be removed from areas adjacent to trees, shrub
beds, and other purposefully planted landscape areas where there is a protective covering of organic
substances in placed to prevent evaporation of moisture, control weed growth, prevent mechanical damage
to landscape and for aesthetic reasons.
Performance measure: No vegetation growing in tree wells.
14. REMOVAL OF GRASS CLIPPINGS: Removal of cut grass from the turf area where growth occurred will
not be required unless grass is dumped. Cut grass and debris which falls or is thrown upon the pavement,
streets, sidewalks, driveways, or adjacent properties through the action of the work crew, shall be removed
from the area prior to the exit of the work crew from the work site.
Performance measure: Zero cut vegetation on streets, curbs, walks, driveways or any other concrete
surfaces.
15. EDGING: All sidewalks, curbs, and steps shall be mechanically edged to a one (1") inch depth and 1/4 inch
width where they exist exposing the concrete surface. The initial edging shall be completed by the end of
first cycle. All edges shall be maintained through duration of contract Edging and maintenance of edges
shall use a vertical cut approach. All material dislodged by edging must be removed from site. Sidewalks
shall be edged on both sides.
Performance measure: Zero vegetation growing onto sidewalks, curbs, steps, drives or other
concrete surfaces.
16. LITTER REMOVAL CYCLE: The City's Inspector may at his or her discretion issue a work order for any
maintenance cycle for litter only. This constitutes a litter removal cycle that requires removal of any trash
and litter within the assigned Quadrant. Contractor shall be compensated for extra litter removal cycles as
specified in bid proposal.
Performance measure: Zero visible litter and debris on finished mowing areas.
17. WORK SCHEDULE: In the event that any one Contractor shall receive contracts for maintenance in more
than one quadrant , Contractor shall complete all grounds maintenance activities concurrently_
18. WORK CREW:
18.1. Each work crew shall have a designated person on the work site with the authority to respond to
inquiries about work details or priorities.
18.2. The Contractor shall assign only qualified, trained, competent and reliable personnel to perform the
services. The City shall have the right to request the immediate removal from its premises of any
employee of the Contractor or of the Contractor's subcontractors.
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SPECIFICATION NO.
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19. SAFETY OF WORK CREW:
19.1. Contractor shall wear and/or display proper waming devices (safety vest, flashers, strobe lights,
waming signs, etc.) in order to ensure both employee and public safety. Contractor and his
employees shall dress and remain dressed in a presentable fashion due to high public visibility of
these employees. Should problems occur, Contractor shall be advised of the circumstances and
shall take appropriate action. Dressing problems include but are not limited to bare chest (no shirt),
shorts while trimming or edging, and absence of proper use of safety devices.
19.2. The Contractor shall be responsible for fumishing all signs and traffic controls in accordance with
the Texas Manual on Uniform Traffic Control Devices, and make adjustments as required by
Inspector.
19.3. All signs must be mounted on their own stands and be mounted not Tess than three feet (3 ft.) from
the bottom of the sign to the natural ground line. Each sign shall have two brightly colored safety
flags attached to it. It will not be permissible to hang or lean these signs. The signs shall be
erected in such a manner that they will not obstruct the traveling public view of the normal roadway
signing.
Performance measure: Proper warning devices and clothing due to high visibility of
employees that work on roadways.
20. IDENTIFICATION: All Contractor vehicles under the performance of this Contract that are licensed for travel
on public roads, shall have the name of the Contractor neatly exhibited on each side of the vehicle. Vehicles
shall park in areas that do not create potential hazardous traffic situations.
21. COMMUNICATION: Contractor shall provide communication equipment as necessary to perform the
services of this Contract. This may include 2 -way radios, pagers, cellular phones, telephone -answering
devices, fax machine etc. The Contractor or his designate shall respond to communication requests from
the City's Inspector or designee, within two (2) hours during the normal working hours of 7:30 a.m. to 5:00
p.m.
Performance measure: Two-hour turnaround time for information between City and Contractor.
PART IV
ACCEPTANCE AND PAYMENT
1. ACCEPTANCE: Acceptance inspection should not take more than two working days. The vendor will be
notified within this time frame if the service delivered is not in full compliance with the specifications
1.1. Failure to maintain the mowing schedule shall be determined in the following manner.
1.1.1. Contractor shall correct any deficiencies in work within 48 hours of written or verbal
notification. In the event the Contractor fails to correct the default to the satisfaction of the
City within the specified time, or such greater time as the City may permit, the City shall
exercise all rights, including the right to terminate the Contract in whole or part..
1.1.2. If any contrail or purchase order is canceled for non-acceptance, the needed service may
be purchased elsewhere and the vendor may be charged full increase, if any, in cost and
handling.
2. INVOICING: Vendor shall submit one original and one copy of each invoice on a monthly basis to:
City of Round Rock
Finance Department
221 East Main Street
Round Rock, TX78664-5299
2.1. Invoice shall include, but not be limited to the following:
2.1.1. Purchase order number.
2.1.2. Invoice date.
2.1.3. Itemized charges and grand totals.
2.1.4. Work locations and dates.
2.1.5. Waste manifest or Disposal tickets.
3. PROMPT PAYMENT POUCY: Payments will be made within thirty days after the city receives the supplies,
materials, equipment, or the day on which the performance of services was completed or the day on which
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SPECIFICATION NO.
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DATED: JAN 2008
the City receives a correct invoice for the supplies, materials, equipment or services, whichever is later. The
Vendor may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for
payments not made in accordance with thls prompt payment policy; however, this policy does not apply to
payments made by the City in the event:
3.1. There is a bona fide dispute between the City and Vendor conceming the supplies, materials,
services or equipment delivered or the services performed that causes the payment to be late; or
3.2. The terms of a federal agreement, grant, regulation, or statute prevent the City from making a
timely payment with Federal Funds; or
3.3. There is a bona fide dispute between the Vendor and a subcontractor or between a subcontractor
and its suppliers conceming supplies, material, or equipment delivered or the services performed
which caused the payment to be late; or
3.4. The invoice is not mailed to the City in strict accordance with instructions, if any, on the purchase
order or agreement or other such contractual agreement.
4. OVERCHARGES: Vendor hereby assigns to purchaser any and all claims for overcharges associated with
this agreement which arise under the antitrust laws of the United States, 15 USGA Section 1 At leg., and
which arise under the antitrust laws of the State of Texas, Bus. and Com. Code, Section 15.01, giisgg
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SPECIFICATION NO.
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DATED: JAN 2008
City of Round Rock
BIDDERS QUESTIONNAIRE
Any and all fines considering the Grounds Maintenance Contract, must complete and submit the information
requested below. This Is a part of the bid and bidders who fail to submit this information will be considered
non-responsive.
CONTRACTOR NAME
PHYSICAL ADDRESS OF EQUIPMENT
TELEPHONE FAX
EMAIL DATE
State the number of years your firm has provided landscape maintenance and mowing
services Years.
State the number of employees who will be designated to work on this contract
Develop a plan of action for assignment of your crew. List the man-hours needed to perform the contract
requirements for each crew member.
A. EQUIPMENT LIST
(List all equipment you plan to dedicate to this project(s))-
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Attach a separate sheet if necessary. All equipment must
OSHA.
B. WORK REFERENCES
List at least three commercial or governmental references
twenty-four months on projects similar to the scope of this
SPECIFICATION NO.
08-988-75
DATED: JAN 2008
be equipped with safe guards as outlined by ANSI and
demonstrating your mowing experience within the past
contract.
NAME:
ADDRESS:
CITY: STATE: ZIP:
PHONE: FAX: CONTACT:
DESCRIPTION OF PROJECT:
NAME:
ADDRESS:
CITY: STATE: ZIP:
PHONE: FAX: CONTACT:
DESCRIPTION OF PROJECT:
NAME:
ADDRESS:
CITY: STATE: ZIP:
PHONE:
FAX: CONTACT:
DESCRIPTION OF PROJECT:
COMMENTS
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SPECIFICATION NO.
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Sample A - "Notice To Proceed" Document
TO: JOHN Q. CONTRACTOR, LAWN MOWER CONSTRUCTION
FROM: CITY INSPECTOR
SUBJECT: START OF MOWING CONTRACT. CYCLE XX
DATE: APRIL 1. 2008
This is the official notice to proceed with ground's maintenance of Quadrant ROW 1. Please review the specifications
in the contract and begin this cycle. ROW 1 must be completed to contract specifications by April 14, 2008.
Contract specifications will be strictly enforced for the duration of this contract.
Remember to clean off curbs and sidewalks. Notify this office of any large piles of debris.
Fax daily' Work Record Summary "of completed areas to: Fax number is 512-218-5548.
If you have questions please call me at 512-218-5547.
Contractor Name
Authorized Representative Signature City Inspector Signature
Print Name Print Name
Date Date
Note: Notice to Proceed must be signed and dated and have the appropriate Work
Summary reports turned in to City Inspector before another Notice to Proceed is issued.
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SPECIFICATION NO.
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Sample B — "Work Record Summary"
TO:
FAX No. (512) 218-5548
CITY OF ROUND ROCK INSPECTOR.
Phone: (512) 218-5547
FROM: JOHN Q. CONTRACTOR. LAWN MOWER CONSTRUCTION
SUBJECT: WORK RECORD SUMMARY. CYCLE XX
DATE: APRIL 2.2008
DAILY WORK SUMMARY:
LOCATION DESCRIPTION
ACRES
QUADRANT
TIME
COMPLETE DATE
University Blvd Oakmont to CR
48
ROW 1
1:46 pm
April 2, 2008
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ATTACHMENT A
CITY OF ROUND ROCK
INSURANCE REQUIREMENTS
1. INSURANCE: The Vendor shall procure and maintain at its sole cost and expense for the duration
of the contract or purchase order resulting from a response to this bid/Specification insurance
against claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the work as a result of this bid by the successful bidder. its
agents. representatives, volunteers. employees or subcontractors.
1.1. Certificates of Insurance and endorsements shall be fumished to the City and approved
by the City before work commences.
1.2. The following standard insurance policies shall be required:
1.2.1. General Liability Policy
1.2.2. Automobile Liability Policy
1.2.3. Worker's Compensation Policy
1.3. The following general requirements are applicable to all policies:
1.3.1. Only insurance companies licensed and admitted to do business in the State of
Texas shall be accepted.
1.3.2. Deductibles shall be listed on the Certificate of Insurance and are acceptable
only on a per occurrence basis for property damage only.
1.3.3. Claims made policies shall not be accepted, except for Professional Liability
Insurance.
1.3.4. Upon request, certified copies of all insurance policies shall be furnished to the
City
1.3.5. Policies shall include, but not be limited to, the following minimum limits:
1.3.5.1. Minimum Bodily Injury Limits of $300,000.00 per occurrence.
1.3.5.2. Property Damage Insurance with minimum limits of $50,000.00 for
each occurrence.
1.3.5.3. Automobile Liability Insurance for all owned, non -owned, and hired
vehicles with minimum limits for Bodily Injury of $100,000.00 each
person, and $300,000.00 for each occurrence, and Property
Damage Minimum limits of $50,000.00 for each occurrence.
1.3.5.4. Statutory Worker's Compensation Insurance and minimum
$100,000.00 Employers Liability Insurance.
1.3.6. Coverage shall be maintained for two years minimum after the termination of the
Contract.
1.4. The City shall be entitled, upon request, and without expense to receive copies of
insurance policies and all endorsements thereto and may make reasonable request for
deletion, revision, or modification of particular policy terms, conditions, limitations, or
exclusions (except where policy provisions are established by law or regulation binding
either of the parties hereto or the underwriter of any of such policies). Upon such request
by the City, the Vendor shall exercise reasonable efforts to accomplish such changes in
policy coverage and shall pay the cost thereof. All insurance and bonds shall meet the
requirements of the bid specification and the insurance endorsements stated below.
1.5. Vendor agrees that with respect to the required insurance, all insurance contracts and
certificate(s) of insurance will contain and state, in writing, on the certificate or its
attachment, the following provisions:
Page 1 of 4
1.5.1. Provide for an additional insurance endorsement clause declaring the Vendor's
insurance as primary.
1.5.2. Name the City and its officers, employees, and elected officials as additional
insured's, (as the interest of each insured may appear) as to all applicable
coverage.
1.5.3. Provide thirty days notice to the City of cancellation, non -renewal, or material
changes
1.5.4. Remove all language on the certificate of insurance indicating:
1.5.4.1. That the insurance company or agent/broker shall endeavor to notify
the City; and,
1.5.4.2. Failure to do so shall impose no obligation of liability of any kind
upon the company, its agents, or representatives.
1.5.5. Provide for notice to the City at the addresses listed below by registered mail:
1.5.6. Vendor agrees to waive subrogation against the City, its officers, employees,
and elected officials for injuries, including death, property damage, or any other
loss to the extent same may be covered by the proceeds of insurance.
1.5.7. Provide that all provisions of this contract concerning liability, duty, and standard
of care together with the indemnification provision, shall be underwritten by
contractual liability coverage sufficient to include such obligations within
applicable policies.
1.5.8. All copies of the Certificate of Insurance shall reference the project name, bid
number or purchase order number for which the insurance is being supplied.
1.5.9. Vendor shall notify the City in the event of any change in coverage and shall
give such notices not less than thirty days prior notice to the change, which
notice shall be accomplished by a replacement Certificate of Insurance.
1.5.10. All notices shall be mailed to the City at the following addresses:
Assistant City Manager City Attorney
City of Round Rock City of Round Rock
221 East Main 309 East Main
Round Rock, TX 78664-5299 Round Rock, TX 78664
2. WORKERS COMPENSATION INSURANCE
2.1. Texas Labor Code, Section 406.098 requires workers' compensation insurance coverage
for all persons providing services on building or construction projects for a governmental
entity.
2.1.1. Certificate of coverage ("certificate") - A copy of a certificate of insurance, a
certificate of authority to self -insure issued by the Texas Workers' Compensation
Commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or
TWCC-84), showing statutory workers' compensation insurance coverage for
the person's or entity's employees providing services on a project, for the
duration of the project.
2.1.2. Duration of the project - includes the time from the beginning of the work on the
project until the CONTRACTORS /person's work on the project has been
completed and accepted by the OWNER.
2.2. Persons providing services on the project ("subcontractor") in Section 406.096 - includes
all persons or entities performing all or part of the services the CONTRACTOR has
undertaken to perform on the project, regardless of whether that person contracted
directly with the CONTRACTOR and regardless of whether that person has employees.
This includes, without limitation, independent contractors, subcontractors, leasing
companies, motor carriers, owner -operators, employees of any such entity, or employees
of any entity, which fumishes persons to provide services on the project. "Services"
include, without limitation, providing, hauling, or delivering equipment or materials, or
providing labor, transportation, or other service related to a project. "Services" does not
Page 2 of 4
include activities unrelated to the project, such as food/beverage vendors, office supply
deliveries, and delivery of portable toilets.
2.3. The CONTRACTOR shall provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any coverage agreements, that meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the
CONTRACTOR providing services on the project, for the duration of the project.
2.4. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being
awarded the contract.
2.5. If the coverage period shown on the CONTRACTOR'S current certificate of coverage
ends during the duration of the project, the CONTRACTOR must, prior to the end of the
coverage period, file a new certificate of coverage with the OWNER showing that
coverage has been extended.
2.6. The CONTRACTOR shall obtain from each person providing services on a project, and
provide to the OWNER:
2.6.1. a certificate of coverage, prior to that person beginning work on the project, so
the OWNER will have on file certificates of coverage showing coverage for all
persons providing services on the project; and
2.6.2. no later than seven calendar days after receipt by the CONTRACTOR, a new
certificate of coverage showing extension of coverage, if the coverage period
shown on the current certificate of coverage ends during the duration of the
project.
2.7. The CONTRACTOR shall retain all required certificates of coverage for the duration of
the project and for one year thereafter.
2.8. The CONTRACTOR shall notify the OWNER in writing by certified mail or personal
delivery, within 10 calendar days after the CONTRACTOR knew or should have known,
or any change that materially affects the provision of coverage of any person providing
services on the project.
2.9. The CONTRACTOR shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing all persons
providing services on the project that they are required to be covered, and stating how a
person may verify coverage and report lack of coverage.
2.10. The CONTRACTOR shall contractually require each person with whom it contracts to
provide services on a project, to:
2.10.1. provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, that meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all its employees
providing services on the project, for the duration of the project;
2.10.2. provide to the CONTRACTOR, prior to that person beginning work on the
project, a certificate of coverage showing that coverage is being provided for all
employees of the person providing services on a project, for the duration of the
project;
2.10.3. provide the CONTRACTOR, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, if the coverage period
shown on the current certificate of coverage ends during the duration of the
project;
2.10.3.1. obtain from each other person with whom it contracts, and provide to
the CONTRACTOR:
2.10.3.1.1.
2.10.3.1.2.
a certificate of coverage, prior to the other person
beginning work on the project; and
a new certificate of coverage showing extension of
coverage, prior to the end of the coverage period, if
the coverage period shown on the current certificate
of coverage ends during the duration of the project
Page 3 of 4
2.10.3.2. retain all required certificates of coverage on file for the duration of
the project and for one year thereafter;
2.10.3.3. notify the OWNER in writing by certified mail or personal delivery,
within 10 calendar days after the person knew or should have
known, of any change that materially affects the provision of
coverage of any person providing services on the project; and
2.10.3.4. contractually require each person with whom it contracts, to perform
as required by paragraphs (A thru G), with the certificates of
coverage to be provided to the person for whom they are providing
services.
2.10.3.5. By signing the solicitation associated with this specification, or
providing, or causing to be provided a certificate of coverage, the
Contractor is representing to the Owner that all employees of the
Contractor who will provide services on the project will be covered
by workers' compensation coverage for the duration of the project,
that the coverage will be based on proper reporting of classification
codes and payroll amounts, and that all coverage agreements will
be filed with the appropriate insurance carrier or, in the case of a
self-insured, with the Commission's Division of Self -Insurance
Regulation. Providing false or misleading information may subject
the Contractor to administrative penalties, criminal penalties, civil
penalties, or other civil actions.
2.10.3.6. The Contractor's failure to comply with any of these provisions is a
breach of contract by the Contractor that entitles the Owner to
declare the contract void if the Contractor does not remedy the
breach within ten calendar days after receipt of notice of breath
from the owner.
Page 4 of 4
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