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R-08-06-26-10F1 - 6/26/2008RESOLUTION NO. R -08-06-26-10F1 WHEREAS, the City of Round Rock has duly advertised for bids for rental of portable chemical toilets, and WHEREAS, Howse Brothers Sanitation Services, Inc. dba United Site Services has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Howse Brothers Sanitation Services, Inc. dba United Site 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 Rental of Portable Chemical Toilets From Howse Brothers Sanitation Services, Inc. dba United Site 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 and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 26th day of June, 200 ATTEST: SARA L. WHITE, City Secretary 0:\WDOX\RESOLUTI\R80626F1.DOC/rmc ALAN MCGRAW, Mayor City of Round Rock, Texas CITY OF ROUND ROCK AGREEMENT FOR RENTAL OF PORTABLE CHEMICAL TOILETS FROM DOWSE BROTHERS SANITATION SERVICES. INC. dba UNITED SITE SERVICES THE STATE OF TEXAS CITY OF ROUND ROCK COUNTY OF WJLLIAMSON COUNTY OF TRAVIS § KNOW ALL BY THESE PRESENTS: That this Agreement for rental of portable chemical toilets, and for related goods and services, referred to herein as the "Agreement," is made and entered into on this the day of the month of , 2008, between the CITY OF ROUND ROCK, TEXAS, a home -rule municipality whose offices are located at 221 East Main Street, Round Rock, Texas 78664, referred to herein as the "City," and HOWSE BROTHERS SANITATION SERVICES, INC. dba UNITED SITE SERVICES, whose offices are located at 168 Park 35 Cove North, Buda, Texas 78610, referred to herein as the "Vendor." This Agreement supersedes and replaces any previous agreement between the named parties, whether oral or written, and whether or not established by custom and practice. RECITALS: WHEREAS, City desires to rent portable chemical toilets, and to purchase goods and services related to cleaning and maintenance, and City desires to procure same from Vendor; and WHEREAS, City has issued its "Invitation for Bid" for the provision of said goods and services, and City has selected the bid submitted by Vendor, and WHEREAS, the parties desire to enter into this Agreement to set forth in writing their respective rights, duties, and obligations; NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties mutually agree as follows: 1.01 DEFINITIONS A. Agreement means the binding legal contract between City and Vendor whereby City is obligated to buy specified goods and Vendor is obligated to sell same. The Agreement includes: (a) City's Invitation for Bid designated 1FB 08-011, Specification Number 07-977-73 dated November 2007; (b) Vendor's Response to IFB; (c) contract award; and (d) any exhibits, addenda, and/or amendments thereto. Any conflicts or inconsistencies in the contract documents shall be resolved by giving preference in the following order: 00137232/m1 EXHIBIT nAn (1) This Agreement; (2) Purchaser's Response to 1FB; (3) City's Invitation for Bids, exhibits, and attachments. B. City means the City of Round Rock, Williamson and Travis Counties, Texas. C. Effective Date means the date upon which the binding signatures of both parties to this Agreement are affixed. D. Force Majeure means acts of God, strikes, lockouts, or other industrial disturbances, acts of the public enemy, orders of any kind from the government of the United States or the State of Texas or any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, restraint of the government and the people, civil disturbances, explosions, or other causes not reasonably within the control of the party claiming such inability. E. Goods mean the specified supplies, materials, commodities, or equipment. F. Vendor means Howse Brothers Sanitation Services, Inc. dba United Site Services, or any of its successors or assigns. 2.01 EFFECTIVE DATE, TERM, ALLOWABLE RENEWALS, PRICES FIRM A. This Agreement shall be effective on the date it has been signed by both parties hereto, and shall remain in full force and effect unless and until it expires by operation of the term stated herein, or until terminated or extended as provided herein. B. The term of this Agreement shall be for five (5) consecutive twelve-month periods from the effective date hereof. After that term, this Agreement may be renewed for successive terms of twelve (12) months each, not to exceed in the aggregate two (2) such renewals, with such renewals to occur on or before the expiration date of the preceding term, and with such renewals being absolutely predicated upon the express written agreement of both parties. Such renewals are permitted only provided Vendor has performed each and every contractual obligation specified in this original Agreement. C. 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.b1s.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. 2 D. City reserves the right to review the relationship at any time, and may elect to terminate this Agreement with or without cause or may elect to continue. 3.01 CONTRACT DOCUMENTS AND EXHIBITS City selected Vendor as the integrator of choice to supply the goods as outlined in IFB 08-011, Specification Number 07-977-73 dated November 2007, and Response to IFB submitted by Vendor, all as specified in Exhibit "A" attached hereto and made a part hereof for all purposes. The intent of these documents is to formulate an Agreement listing the responsibilities of both parties as outlined in the IFB and as offered by Vendor in its Response to the IFB. The goods and services which are the subject matter of this Agreement are described in Exhibit "A" and, together with this Agreement, comprise the total Agreement and they are fully a part of this Agreement as if repeated herein in full. 4.01 ITEMS AWARDED All bid items on Exhibit "A" are awarded to Vendor. 5.01 COSTS Unit prices listed on Exhibit "A" shall be the basis of any charges collected by Vendor. 6.01 INVOICES All invoices shall include, at a minimum, the following information: A. Name and address of Vendor; B. Purchase Order Number, C. Description and quantity of items received; and D. Delivery dates. 7.01 INTERLOCAL COOPERATIVE CONTRACTING / PURCHASING Authority for local governments to contract with one another to perform certain governmental functions and services, including but not limited to purchasing fimctions, 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. 3 Other governmental entities within the State of Texas may be extended the opportunity to purchase off of the City of Round Rock's bid, with the consent and agreement of the successful vendor(s) and Round Rock. Such agreement shall be conclusively inferred for the vendor from lack of exception to this clause in the vendor's response. However, all parties hereby expressly agree that the City of Round Rock is not an agent of, partner to, or representative of those outside agencies or entities and that the City of Round Rock is not obligated or liable for any action or debts that may arise out of such independently -negotiated "piggyback" procurements. 8.01 NON -APPROPRIATION AND FISCAL FUNDING This Agreement is a commitment of City's current revenues only. It is understood and agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year if the governing body of City does not appropriate funds sufficient to purchase the services as determined by City's budget for the fiscal year in question. City may effect such termination by giving Vendor a written notice of termination at the end of its then -current fiscal year. 9.01 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be made by City to Vendor will be made within thirty (30) days of the date City receives goods under this Agreement, the date the performance of the services under this Agree hent are completed, or the date City receives a correct invoice for the goods or services, whichever is later. Vendor may charge interest on an overdue payment at the "rate in effect" on September 1 of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas Government Code, Section 2251.025(b). This Prompt Payment Policy does not apply to payments made by City in the event: (a) There is a bona fide dispute between City and Vendor, a contractor, subcontractor, or supplier about the goods delivered or the service performed that cause the payment to be late; or (b) There is a bona fide dispute between Vendor and a subcontractor or between a subcontractor and its supplier about the goods delivered or the service performed that causes the payment to be late; or (c) The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or (d) The invoice is not mailed to City in strict accordance with any instruction on the purchase order relating to the payment. 10.01 GRATUITIES AND BRIBES City may, by written notice to Vendor, cancel this Agreement without incurring any liability to Vendor if it is determined by City that gratuities or bribes in the form of 4 entertainment, gifts, or otherwise were offered or given by Vendor or its agents or representatives to any City officer, employee or elected representative with respect to the performance of this Agreement. In addition, Vendor may be subject to penalties stated in Title 8 of the Texas Penal Code. 11.01 TAXES City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be included in Vendor's charges. 12.01 ORDERS PLACED WITH ALTERNATE VENDORS If Vendor cannot provide the goods as specified, City reserves the right and option to obtain the products from another supplier or suppliers. 13.01 INSURANCE Vendor shall meet all requirements as stated in the attached Invitation for Bid No. IFB 08-011 (including all attachments and exhibits), and its bid response. 14.01 CITY'S REPRESENTATIVE City hereby designates the following representative(s) authorized to act in its behalf with regard to this Agreement: Randy Gordon Parks Manager Round Rock Parks and Recreation 301 West Bagdad, Suite 250 Round Rock, Texas 78664 512-341-3340 15.01 RIGHT TO ASSURANCE Whenever either party to this Agreement, in good faith, has reason to question the other party's intent to perform hereunder, then demand may be made to the other party for written assurance of the intent to perform. In the event that no written assurance is given within the reasonable time specified when demand is made, then and in that event the demanding party may treat such failure as an anticipatory repudiation of this Agreement. 16.01 DEFAULT If Vendor abandons or defaults under this Agreement and is a cause of City purchasing the specified goods elsewhere, Vendor agrees that it may be charged the difference in cost, if any, and that it will not be considered in the re -advertisement of the service and that it may not 5 be considered in future bids for the same type of work unless the scope of work is significantly changed. Vendor shall be declared in default of this Agreement if it does any of the following: A. Fails to make any payment in full when due; B. Fails to fully, timely and faithfully perform any of its material obligations under this Agreement; C. Fails to provide adequate assurance of performance under the "Right to Assurance" section herein; or D. Becomes insolvent or seeks relief under the bankruptcy laws of the United States. 17.01 TERMINATION AND SUSPENSION A. City has the right to terminate this Agreement, in whole or in part, for convenience and without cause, at any time upon thirty (30) days' written notice to Vendor. B. In the event of any default by Vendor, City has the right to terminate this Agreement for cause, upon ten (10) days' written notice to Vendor. C. Vendor has the right to terminate this Agreement only for cause, that being in the event of a material and substantial breach by City, or by mutual agreement to terminate evidenced in writing by and between the parties. D. In the event City terminates under subsections (A) or (B) of this section, the following shall apply. Upon City's delivery of the referenced notice to Vendor, Vendor shall discontinue all services in connection with the performance of this Agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such orders and contracts are chargeable to this Agreement. Within thirty (30) days after such notice of termination, Vendor shall submit a statement showing in detail the goods and/or services satisfactorily performed under this Agreement to the date of termination. City shall then pay Vendor that portion of the charges, if undisputed. The parties agree that Vendor is not entitled to compensation for services it would have performed under the remaining term of the Agreement except as provided herein. 18.01 INDEMNIFICATION Vendor shall defend (at the option of City), indemnify, and hold City, its successors, assigns, officers, employees and elected officials harmless from and against all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and any and all other costs or fees arising out of, or incident to, concerning or resulting from the fault of Vendor, or Vendor's agents, employees or subcontractors, in the performance of Vendor's obligations under this Agreement, no matter how, or to whom, such loss may occur. Nothing herein shall be 6 deemed to limit the rights of City or Vendor (including, but not limited to the right to seek contribution) against any third party who may be liable for an indemnified claim. 19.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES Vendor, its agents, employees and subcontractors shall use best efforts to comply with all applicable federal and state laws, the Charter and Ordinances of the City of Round Rock, as amended, and with all applicable rules and regulations promulgated by local, state and national boards, bureaus and agencies. 20.01 ASSIGNMENT AND DELEGATION The parties each hereby bind themselves, their successors, assigns and legal representatives to each other with respect to the terms of this Agreement. Neither party shall assign, sublet or transfer any interest in this Agreement without prior written authorization of the other party. 21.01 NOTICES All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows: 1. When delivered personally to recipient's address as stated in this Agreement; or 2. Three (3) days after being deposited in the United States mail, with postage prepaid to the recipient's address as stated in this Agreement. Notice to Vendor: Howse Brothers Sanitation Services, Inc. dba United Site Services 168 Park 35 Cove North Buda, TX 78610 Notice to City: Assistant City Manager 221 East Main Street Round Rock, TX 78664 AND TO: Stephan L. Sheets, City Attomey 309 East Main Street Round Rock, TX 78664 7 Nothing contained herein shall be construed to restrict the transmission of routine communications between representatives of City and Vendor. 22.01 APPLICABLE LAW; ENFORCEMENT AND VENUE This Agreement shall be enforceable in Round Rock, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 23.01 EXCLUSIVE AGREEMENT This document, and all appended documents, constitutes the entire Agreement between Vendor and City. This Agreement may only be amended or supplemented by mutual agreement of the parties hereto in writing, duly authorized by action of the City Manager or City Council. 24.01 DISPUTE RESOLUTION 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 Vendor shall each select a mediator and the two mediators shall agree upon a third mediator. Any costs and fees, other than attorney fees, associated with the mediation shall be shared equally by the parties. City and Vendor hereby expressly agree that no claims or disputes between the parties arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9 USC Section 1-14) or any applicable state arbitration statute. 25.01 SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any such void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion or provision held to be void. The parties further agree to amend this Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent this entire Agreement from being void should a provision which is of the essence of this Agreement be determined to be void. 8 26.01 MISCELLANEOUS PROVISIONS Standard of Care. Vendor represents that it employs trained, experienced and competent persons to perform all of the services, responsibilities and duties specified herein and that such services, responsibilities and duties shall be performed in a manner according to generally accepted industry practices. Time is of the Essence. Vendor understands and agrees that time is of the essence and that any failure of Vendor to fulfill obligations for each portion of this Agreement within the agreed timeframes will constitute a material breach of this Agreement. Vendor shall be fully responsible for its delays or for failures to use best efforts in accordance with the terms of this Agreement. Where damage is caused to City due to Vendor's failure to perform in these circumstances, City may pursue any remedy available without waiver of any of City's additional legal rights or remedies. Force Majeure. Neither City nor Vendor shall be deemed in violation of this Agreement if it is prevented from performing any of its obligations hereunder by reasons for which it is not responsible as defined herein. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. Multiple Counterparts. This Agreement may be executed in multiple counterparts, any one of which shall be considered an original of this document; and all of which, when taken together, shall constitute one and the same instrument. IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates indicated. City of Round Rock, Texas Howse Brothers Sanitan Services, Inc., dba United Site Servi By By: tlCz; Printed Name: Printed Name: (Y1 I'K Sr -n Fr.he_ t t o Title: Title: \/ , f. t, c c, . c., - Date Signed: Date Signed: s / , c1 t,12) Attest: By: Sara L. White, City Secretary For City, Approved as to Form: By: Stephan L. Sheets, City Attorney 9 MINN 0U( TO TINI MUIOIM*m OFFICE ATMSSAOVE ADONIS RPM MC OPINING Tlae. INVOICE T0: City el Round Rods Aocomla Prmble 221 Eat Matsu Strom Round Reck Tams 700044210 ao COIL 0€$TE.T1oN, FROOHT MEMO AMC NAOMI masa °Transits sPeCiris011m.ow OEST1NMI01k Various City Locations INVITATION FOR 610 (IPO) CITY OF ROUND ROCK PURCHASING OFFICE 221 E. Win unapt Round Rock Tema 7001442110 FACDNME sEDrO4151011 DOLL NOT M AOCE/T0D DIMNMIO OM OAR MIO WON MOWN LAR IMOO COMM RALOMO MINIUM aOWN SOWN AOM[R 00 111111111•10 MIL el0O_.I ErORMAT101t Rental of PonYbl TeEsts CIO MUMMR 06-011 amnia OATS: 12/11/2007 at 3:00 P.U. ENO LOCATION: 221 E. Main Strom. Council Chambers, Round Reek. 'TX 775104 RETURN DIGNE0 0111001/14. ANC;OME COPY OF 110 A ta6MaWane •- filAP Sa.nFt...4/lo ewmenb she /Z'7'o- CDM V. P. • C. o. e.. Soo 1.7 er @Mita Nsiu enne on sees a hereon abed. Me bldaar hereby tet Tax nNo.: —7,5 —__. 9 3 L+ S• 0 - LEGAL auaMEss NAME: JQ(I 1+42.4:601 Ser•Pc MIA S:4-tS ADORIat RteK 3C CY A.16")-44_. monism $.� e( 1 i c Bidder grecs to oomph wish CIM eondltione LIN forth In this IFS. ,3 ca rver: - . y S Y r Ai .'..t k el - _ _..-.. .... NQ_: AS 3a.1 - S9_, o ausNEasDom rev: C.Apar.`i`." .r1 s year agreement -month renewal options for Dated 11-2007 (7 pgs), AMsohteet A - Insurance (4 imo), Portable Ms signature Ira Meted hereon abed. Me bldaar hereby tet bidder. or anymn acting for such entity oodles nether the bidder nor to snag represented to anKrust bra MPH Mole. coded In Mellon 1101 Tasty by to Coda cc such Ins M wallow sl seq.. easiness and Commons: Andy or kid iec♦ly.la Ma ui ds Io my gosealipr er any Mar mom MbaQed 11 the Federal eralah61 bas. nor Bidder grecs to oomph wish CIM eondltione LIN forth In this IFS. This le for 97773, eve wth two 12 the lents' of portable toilets In accordance with SpeciScation No. 07- TWIN Cleaning Schedule (log) and Outlaw trail 100 OM) s year agreement -month renewal options for Dated 11-2007 (7 pgs), AMsohteet A - Insurance (4 imo), Portable The guanines The City shown are Winne@ fora bloke month only. No m 0404s p or maximum is mads or knpied. period file guarantee of any ;wenn' oil only aider emoted heeded le agilely operating mqubamsnts. _... : SID WRIT . REM if DESCRiPTICN Eal nabd Annual CRY UNIT — UNIT PRICE EXTENSION , qty X unit price 1 Ucnthy Rental - Standard Serviced 2 limas a week 97 ea 42 S . oo 305.w. 2 Monthly Renal - Headlamp Serviced 2 times a week 64 ea 80.n0 Si ao-oo 3 Neel* Rental - Standard Serviced 2 tins 1 ea S05-00 00(.0S• a week 4 Weekly Rental - Handicap Serviced 2 times a weak 1 ea so .66 80 . op 5 Rental - Standard Serviced 1 time a week 'Mond* 21 ea y 5 . oo 9 `i 5. 0 0 6 Rental -Serviced 1 Vms a week $ n _ 00 ea 60•00 a�� , b o 7 Weekly Rental - Setviosd'time a week 1 1 ea ea , 415. on 4,5 .ca &LS. oo 4,5.ot. Ill Rental -HendtoOpServiced 1lime aweak 0 Weekend Rental - (Fri - Sun) Standard 50 ea ALS. oC+ P.? Sc • Co 10 Weekend Rental -Ill - Sun) Handicap 10 as !0 5 .oa 4, 5 c • Qo 11 Daily Rental - 90 ea r{5.00 q o Sc. . or:. 12 L Bantus- _ 10 ea 6S.00 e.00 13 " 20 es Of er 14 Sidra Service 24 ea r5 . oc 6,0 . o0 GRAND TOTAI. 2 41�t�Ir 9S D OEUVERY 61 v - -o DAtS 1 N t EXHIBIT MAII ices BIDDING INSTRUCTIONS ITEMS BELOW APPLY TO AND BECOME A PART OF TERMS AND CONDITIONS OF BID ANY EXCEPTIONS THERETO MUST BE IN WRITING 1. MOOING (TS: 1.1 Biddy maims pricing per unit drown and adersdons. I tads discount is saws on bid,1 should be deluded and nal la erearaars show. Bidders g mmnb.a produc �will meet adosed apsdkoallons landed In edImilation For aid oconga*12 Bl awsubn kedon tit Ica Mb. pieced N sedate mead and property identified. Sse tnstucaora on reverse side. Bids mutt b. in be dice d M City Prrdwstrp Apes before h hour and dad sneaked on MN reverse aide of Nle F. 1.3 Late bids properly idonlli.d wit be returned b bidder unopened. Late bids veil not be considered. 1.4 ltd F.O.b dowindbn. freight, prepaid, i allowed unless abwwh.'pealed on M FB. I oMsrwke, dna dug cob b deliver. 1.5 ltd unit Op on Qunsy and unl of measure spaded, egad and Brow LOW. In case of errors In agerpion, unit prices shat gown. Bide subject b unlinked price indeed di not be considered. 1.6 BM pass Nall be Arm for accedence 30 days from bid opening date. 'Discount Rom ilei' bids aro not acceptance ureses mgtssled. Cash discount all hot be osrsldaed in determining h kw bid. Al cash discounts offered wi be taken teamed 1.7 Bids .heti give Tax landlady(' Number. M1 name and address of bidder. FMs. b air wi Coequally bid. Person signing bid shalt low Mie and authority b bind alonabrrfee firm in a contact Pim rams should appear on pea page in Ms back provided In the upper Ape comer. Business En iy shot be one (1) alts alo01i Indiddual. Pertsnlip, Sole ProprWwMp, Estaldhum. Corporation. Gowrmsnt& Non.proit al awe dal be spo dei. IDMDUAL• Lid name and number es dram on Soda Sadly Cart SOLE PROPRETGRSHP; W teed rame followed by Upd business need cad Social Security Number. ALL OTHERS; W Npd cams airway and Tax Wn k:don Number (TN). 1A Bid cannot be sewed Cr amended dor opening lima Ary Matadors made before opening time Mal be algid by bidder or an auMwtad agend. No bid cern be wilickawn der opening lime Wiwi approver of the CRY basad on *wad aaepa1b resace 1.9 The Cy I ssmpl Ron Sed Saes Tax and Federal Exda. Tax. Ds not inducts tax in bid. 1.10 Th. Cly reserves Ms girt b adopt or Mod el or any part of bid. wane minor Waddles and award Me bid b best saw she Waded of h City, Split awards nay b• made at h sole dudgeon ands Cy. 1.11 Comt54it and wawa tie bids could cera rejadon of bas by She Cly sndlor ivveaagation for awMu.t vbyBons. 1.12 Telephone bids and facsimile bids ars not acceptable In response b Me IFB_ 1.13 CAUTION: Bid dada eaves *ardent limo be receipt of de preferred mal imam. The Cly shat not be responsible br bids received l.te, legible, incomplete, a 01116661e non-responsive 2. SPECIFICATION: 2.1 My catalog, brand name or mondedurees.derenoe used in FB is descriptive only (not ekM). and is seed b idead type end quay desired. Bids on brands 0f R, nein and quslty wB be considered ales advertised under the provisions of Sedan 252.022 d h Texas Loaf Gc dui am Cods. Craw Own dond(s) speeded is offered. 5,,IVMaa end coma% deacfpha of pedud caged era requested b be made a psi ef 1h. bid. I bMda Ness no excplios b opedicaid@ er reference data in bid bidder vvi be required Io terlsh brad names, numbers...In as Weeded in h FB. 2.2 N Isms bid shall b. new, In ark deem candied. Including containers suable tor shipment and storage, unless 01s...1..'dialled In FF. Verbal agreements b the caddy will not be recognized. 2.3 Samples. when reqs.ted. must be furnished tea dexpe ss to ane Gly. I cad destroyed In su.nin0Yon, they will be retaried b Rs bidder, on request et bidder emend Each example should ba marked wile bidders' same and address. City bid number and ads. Do not endow N or atadr b bid. 2.4 The City WI not be bound 2.5 Menufactiaah standard manly ly sink ppty unless any oral stedment or represendlon again sided eh MbFB.BB.awnsP.aYrceins alas FB 3. TIE IDS: M case of t e bids. the award veal be made in samaras with Sedon 271.901 dlhs Tams Lops Govene not Code. 4. ORNERY; 4.1 BM should Mew number of days required to place medal in Cilys desipnel d baton under gored conditions- Fain b mate delver Wne calends bidder to rumpled � in fowled (14) candor days UndablIcelly shat or long delay vald moon mac oval frau 42 blowing.) aoee. may +Marcs bid b w dir.parded Canada tale b mak wry promises promises 42 I dater Is brawn, as tactor still give vwlten nada b M Cly. Tina Cy has ria right to emend awry dote I lessons appear weld. Contactor mars keep din. City advised at el Imes of sutra of ser Debt it panda delivery (velment aaepabs reason.) or Num b meet ap.daaao et attlntiaea h Cay b Punka. dppia elps4we and loge RA+roreass, I ay. In cob and handling to defaulting contactor. 4.3 Ito substitutions or can1.I.tars pane @ About wain approve of h Cay. 4.4 DMwy Mal be male during normal wonting aces may, unless par approval for tate daddy las been added tom h Cay, unless a luengse pecked In the FB. 5. INSPECTION AND TESTS: Al goods will be sub(ed to Inspection and test by h Cy b M siert practicable at al times end places. Ashdod Cly personnel she law Wads b any suppler% pace d business b Ice pupose of inspecting merdaarse. Tess may be performed an sanpss sxbndled wily h bid or on sands taken from muter alipmnenis. I Me products dad di to meet aeared M condkoa and requirements dine paleaeors, the cost d Ice sande used and the cod dew Wag ghee be bane by la adder. Goods. dab have been delivered ad minded eek and expos.. Latent adds may resin in revoadon a acoplence. in whole of to pal nay, at M Cl1/s apiort be untamed b ins Vador.r IoM lar deposition dVMldors 5. AWARD OF CONTRACT: A response b an IFB len offer b contact nth Me Cly based upon the tens. andleds, and psdledic n oonteiad In Ice FB Bids dO not become @unlade unless end unS they ars a aspled by the Gly *hough id designed' and a purchase oder is Issued. The contact doll be governed, corstued. and aMerprel ed under Me CLarla a Ire ply and h 54018101.017.2105. M corked' are abject b h spprowt ride Gly Co..d. 7. PAYMENT: vendor shell submit three (3) copies of n Invoice showing the pudaae order number on al copies. & PATEMS AND COPYRIGHTS: The ante,W sprees to paled Me Cy tom claims invoking irieg.naas d paints a copyrights. 9. VENDOR ASSIGNMENTS: Vendor hereby assigns b purchaser any and all calms br overcharges swaddled will tors contract which edea under the aritust lawn of the Bak of Teas. Tx, Bus And Comm. Cade Mn. Sea 15.01. et seq. (1917). 10. BODER AFPIIYATION: 10.1 aping g Ns bid wi1 s bise statement lea materiel breach dawned and dial void Me submitted bid or any muting montage. and Me bider shall be removed tan al bid kiss By signalise hereon alba. Me bidder bendy cakes fist 102 The bidder hes not given. offered tMrs nor Intends b give any Ins hereafter e y economic opportunity, blow employnant 00:Jac speed discount fp, favor. or cavae b a public servant In c.megion idle Me sbndl.d bid. 10.3 The bidder ts not cur ed delinquent In h paynant of any debt ovved Ms City. 10.4 Nair Ice bidder nes M amu. eooporaaon. pennerstid. er nay Idly represented by h bidder, a anyone acting for .min fmu, cowman, et way has violated M Wand leve of Ns Stet corked in Beckon 15.01 et Seq. T. Beaded and Commend Cod.. Or Ms Federal Mlbust Lawn, nor comm u54d amid or Md.acy the bid node b' yeoup.eos or any ober parson engaged In such Ins of business 10.6 The bidder has not received conpsessan (or parldpelon in Me preparation old, speed:don for this FB. 11. NOTE TO BDOERS: My terns end conditions added b bid vAl not be oonidaad unless h Dickler spsalbsly references dem an Ms int d Mie bid fora. ~Mat Such terns and condone may result In dequalload of 1st ltd (a9. tylia rah the lewd d a sob ober Man Teras regierrads fa prepayment. Llwtdons en man.aa., etc.) The CCMMyy of Rodd Rock den only accept bids *itdk contain al tis Nana and candled, din fugal FM In perlr. kr. a1 bidders ..&.aims and cerklpker, nest be Included. SubaMaebn tibia on by,. ohr Mev City bid loan may moult in d equakloeaom of your bey. 12. NOLNRE5 Includes pertaining to bid Invitations mus give bid number. codes, and mead date. Page 2 of 3 Rey.: 04,0441 REFERENCE SHEET Please Complete and Return This Form with the Solicitation Response SOLICITATION NUMBER: JFB X 88-811 For tbeRental of Portable Tenets BIDDER'S NAME: qc.viSt Bpo ,er. San; .0.;o,, Sei."(es, c DATE: I a db.. united S; ie Ses-v ; LeS Provide the name, address, telephone number and point of contract of at least three firms that have utilized similar service for at least 2 year. References may be checked prior to award. Any negative responses received may result in disqualification of bid. I. Company's Name Name of Contact Title of Contact Present Address City, State, Zip Code Telephone Number 2. Company's Name Name of Contact Title of Contact Present Address City, State, Zip Code Telephone Number 3. Company's Name Name of Contact Title of Contact Present Address City, State, Zip Code Telephone Number 4. Company's Name Name of Contact Title of Contact Present Address Qty, State, Zip Code Telephone Number 5. Company's Name Name of Contact Title of Contact Present Address City, State, Zip Code Telephone Number C;{7 of Ar?fit 4} -en Sctn ; ca 1.4 hJc ao 1 E" -.s ►- i b r•a rr 5 Ars );.�>-An . Tie 71 b I (er) '.j SR (-36Y Fax Number (91-1) YS R — G2 3 3q ►-Til 6• /\ ►�.i'")a..�so✓r '-1 1 1 W. R'd . S�,'t� a0 R,-cis.t..cfsa., --t-,c —7 Soa (9-)a) ?5/y -4l30(, Fax Number (97 .) 74/4,- co- yy- c t-ar P7,1, r Wo e )41 r-afty Witsen 060' M/'GcKrrrkorf 4!`4- (0 I, rx f Lo l d Q� (8, 7) 3 7,1—z 3 ss Fax Number (a l 3 9 t— 5 ( Fax Number ( ( ) Fax Number ( ) FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FROM AWARD. 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X .•',..i ->< !!-!-•.:- X ::.;':Af, . i. .f..t.'::::'-: ..0-1,.--Y:- ;2:'....:- .-.:S'...,':,, ><;,0 ..:,-::', 'z' -;:r.--‘ X .'-'''-,.• , k :',•:;:' - .x :; •;'---..:.,.: •'...f.:,.',. ,-if.,,, ...-:-..:2„: :,•,.;, ..,,.: X :?..,,.-. 'k ,....,.:....:. -•,>< ,,:....-:. ,.•x :„..,. -., 1.1....:-,, %—. e- T-. V' T l''' T l''''' T T T LC) to 6 > 0. CO 0 IOSPV RRYB OSPV TENNIS OSPV SOCCER OSPV VIRG RABB OSPV FOOTBALL LUTHER PETERSON BRUSH RECYCLE BUCK EGGER CMRC SKATE PARK Add Football (Winter season) 2 ID rr CD .10 c.) 0, ' fa. 41.t 0 c.1 03. _Tt f.1`. cf? to 0) ID .7- vee 03 't•"' 44 03 174t'' -•A CO 03 CI co co 0) Annual Single Events (24 hours) Annual Weekend Events (Fri -Sun) SPECIFICATION NO. 07-977-73 DATED: NOV. 2007 CITY OF ROUND ROCK RENTAL OF PORTABLE TOILETS PART 1 GENERAL 1. PURPOSE: The City seeks to establish a multiple year service Agreement with a responsible bidder for the rental, leaning and maintenance service of chemical portable toilets (Handicapped & Non -Handicapped). Portable toilets shall herein be referred to as 'units'. 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. City — Identifies the City of Round Rock, Travis and Williamson County, Texas. 2.3. Agreement — A mutually binding legal document obligating the Vendor to furnish the goods, equipment or services, and obligating the City to pay for it. 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. 2.8. 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 -My 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. CLARIFICATION: For clarification of specifications. bidders may contact Carolyn Brooks Purchaser City of Round Rock Telephone: 512-218-5457 cmberound-rockyc.us The individual listed above may be contacted by telephone or visited for darification of the specifications only. No authority is Intended or implied that specifications may be amended or alterations accepted prior to bid opening without written approval of the City of Round Rock through the Purchasing Division. Page 1 of 6 SPECIFICATION NO. 07-977-73 DATED: NOV. 2007 4. 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 government 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 Christine Martinez, City Secretary 221 East Main Street Round Rock, Texas 78664 4.1. Any attempt to intentionally or unintentionally conceal or obfuscate a conflict of interest may automatically result in the disqualification of the vendor's bid. PART 11 GENERAL CLAUSES AND CONDITIONS 1. LA@QR: The Vendor shall provide all labor necessary to perform the service work. 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 (ANSVASQC 091-93 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. gNVIRONMENT: It is the intent of the City to purchase good and services 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 woridng personnel while its employees are performing service work. 6. 1 NORKPLACE: 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. VEST 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 7.5 Bidder's past relationship with the City. Ni 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. 2 of 6 SPECIFICATION NO. 07-977-73 DATED: NOV. 2007 8. 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 dedsion has been made. Communication between Bidder and the City will be initiated by the appropriate City Official or Employee In order to obtain infonnation 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. AGREEMENT: The term of the Agreement resulting from the solidtation 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 Manager reserves the right to: 9.1 Renew the Agreement for two additional periods of time not to exceed twelve months for each renewal provided bother parties agree. 9.2 Review the following at the end of each twelve-month review period or renewal: 9.2.1 Vendor performance 9.2.2 Price 9.2.3 Continuing need 9.2.4 Advancements in technologies and or service 9.3 The City may terminate the Agreement with or without cause or may continue through to the next twelve-month review or renewal period. 10. PRICE: The price bid shall be firm for the duration of the Agreement or extension periods. No item charges shall be permitted for either bidding or invoice went re line 1, P ng purposes. which shah include equipment rental, demurrage, and cost associated with obtaining permits or any other extraneous charges. 11. 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 I J/stats.bls.00v/ooUhome.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. 12. 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. 13. 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. 14. 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 considered In the re -advertisement of the service and may not be considered in future bids for the same type of work unless the scope of work is significantly changed. 15. COMPLIANCE WITH LAWS: The successful bidder shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any court or administrative bodies or tribunals in any matter affecting the performance of the resulting agreement, including without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When requested, the Vendor shaft furnish the City with satisfactory proof of Its compliance. 3 of SPECIFICATION NO. 07-977-73 DATED: NOV. 2007 16. CODES. PERMITS AND UCENSES: The successful bidder shall comply with all National, State and Local standards, codes and ordinances and the terms and conditions of the services of the City of Round Rock, Texas, as well as other authorities that have jurisdiction pertaining to equipment and materials used and their application. None of the terms or provisions of the specification shaft be construed as waiving any rules, regulations or requirements of these authorities. The successful bidder shaft be responsible for obtaining all necessary permits, certificates and/or licenses to fulfill contractual obligations (City of Round Rock fees and costs will be waived). 17. INDEMNITY: Vendor shall indemnify, save harmless and defend the City, its officers, agents, servants, and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, attomeys fees and any and aft other costs or fees incident to the performance of the resulting agreement and arising out of a willful or negligent act or omission of the Vendor, its officers, agents, servants and employees. 18. INSURANCE: The successful Bidder shall meet or exceed ALL insurance requirements set forth by the City as identified in Attachment A to the specifications. Any additional insurance requirements of participating or cooperative parties will be included as subsequent Attachments and shall require mandatory compliance. 19. LIENS: Vendor agrees to and shall indemnify and save harmless the City against any and all liens and encumbrances for alt labor, goods and services which may be provided under the resulting agreement. At the City's request, the Vendor or subcontractors shaft provide a proper release of all liens or satisfactory evidence of freedom from liens shaft be delivered to the City. 20. VENUE: Both the City and the Vendor agree that venue for any litigation arising from a resulting agreement shall lie In Williamson County. 21. INDEPENDENT CONTRACTOR: It is understood and agreed that the Contractor shall not be considered an employee of the City. The Contractor shay.ngi be within protection or coverage of the City's Worker Compensation insurance, Health Insurance, Liability Insurance or any other insurance that the City from time to time may have in force and effect. SPECIFICATIONS 1. SCOPE: This specification describes a service for the rental, cleaning and maintenance of handicapped & non -handicapped chemical portable toilets. Units shall be rented on a monthly, weekly, or daily basis to include holidays and or weekends and for special events at various locations as specified by City. Vendor shall be available for service 365 days per year, holidays included. 2. STATEMENT QF INTENT: These specifications cover only the general requirements as to the performance criteria of the rental service as well as certain details to which the successful bidder shall conform. Bidders shall be responsible for next day service and shall furnish all labor, material and equipment necessary to rent, clean and maintain portable toilets to meet or exceeds all of the requirements as set forth herein. 3. BIDDER QUALIFICATIONS: The opening of a bid shall not be construed as the City's acceptance of such bidder as qualified and responsible. All bidders shall: 3.1. Be firms, corporations, individuals or partnerships normally engaged in the sale and distribution of commodity or provision of the services as specified herein. 3.2. Have adequate organization, facilities, equipment and personnel to ensure prompt and efficient service to the City. 3.3. Provide references to Include the name, address, telephone number and point of contract of at least three entities for which the bidder has preformed similar service and or utilized the exact technology within the past three years. Any negative responses received may result in disqualification of bid. 3.4. Identify any subcontractors to be used for this project. 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. 4 of 6 SPECIFICATION NO. 07-977-73 DATED: NOV. 2007 4. SERVICE REQUIREMENTS; Vendor shall: 4.1. Furnish all equipment required to place, pickup, service and/or relocate unit(s). 4.2. Provide ramps for handicapped units, at no additional cost to the City. 4.3. Be responsible for removing contents and any equipment used after each service and shall remove from City property. 4.4. Provide units with a service label placed on the inside wall in order for Vendor to annotate date and Mal after each service. Label not annotated on unit will be considered a missed service. 4.5. Service each rented unit to lndude, but not be limited to the complete removal of tank contents, dean and disinfect the Inside, the waste tank, urinal, walls, door. toilet seat, and floor. 4.6. Recharge tank and deposit the necessary chemical for odor control and decomposition to keep unit sanitary after waste has been removed from tank. 4.7. Provide two full roils of toilet tissue when servicing each unit at each location, at no additional cost to City. 4.8. Service units two times per week or as otherwise specified. 4.9. Have a supervisor to perform spot checks a minimum of two times per week 4.10. Provide a Biweekly report of sign -off service labels with the monthly khvoice to assure proper service has been completed. 4.11. Relocate unit(s) within 24 hours after notification by Contract Manager. 4.12. Contact and schedule a meeting with Agreement Manager one day after notification of award of contract to schedule the biweekly service and to schedule the change out of units If Incumbent is not the winning bidder. 4.13. Provide name, pager number and emergency phone number of at least two representatives who can be reached 24 hours a day. 4.14. The City reserves the right to request additional units, to indude but not limited to, special events, one -day or weekly basis, as deemed necessary. Vendor shah provide units as requested by Agreement Manager withkh 24 hours of notification. 5. EXTRA SERVICE: 5.1. Extra service is defined as additional service to regular route, holiday, Saturday and/or Sunday. 5.2. Extra service shall conform to the same requirements stated in these specifications. 5.3. Vendor shall provide extra servicing within 24 hours after notification by Agreement Manager. 6. HOLIDAY AND OR WEEKEND 6.1. Holiday and or weekend Units shall be provided as requested by Agreement Manager. 6.2. Holiday and or weekend service shall conform to the requirements stated in these specifications. 6.3. Vendor shall provide extra servicing within 24 hours after notification by Contract Manager. 7. MATERIAL REQUJREMENTS: Units furnished shall: 7.1. Be a single seat capacity with one urinal. 7.2. Have a fiberglass or non -porous plastic tank, fifty to fifty-five gallon capacity, water tight and outside vented. 7.3. Be equipped with toilet seat and hinged cover of enameled wood or plastic. 7.4. Have urinal constructed of fiberglass or urethane with a discharge opening of % inch minimum Inside diameter of rigid plastic or buyer approved equal and shall be water tight. 7.5. Be constructed 7.5.1. with weatherproof plywood, fiberglass or metal 7.5.2. with durable rigid frame, well vented 7.5.3. on skids for relocation by sliding 7.5.4. so air goes through it or draulates 7.5.5. to be moved easily and does not sit on ground 7.6. Be equipped with a self-closing door that is tight fitting, and shall have an inside lock. 7.7. Be equipped with toilet tissue dispenser for two full roils. 7.8. Have a screened ventilation opening and have a cross-sectional area of at least one square foot. Vent shall be screened with a minimum sixteen -mesh screen or buyer approved equal. 5 of 6 SPECIFICATION NO. 07-977-73 DATED: NOV. 2007 7.9. Have a chemical charge to ensure bacteriological and chemical safety and eliminate obnoxious odors. 7.10. Handicapped Units: Each unit shall 7.10.1. Comply with all requirements as identified in Part II, General Terms and Conditions: 7.10.2. Be equipped with handrails and ramps. 7.10.3. Have the capacity for a wheelchair to enter door and park wheelchair inside toilet compartment without obstructing patron's ability to reach handrails and toilet seat. 7.11. Service Vehicle: All vehicles servicing any City location shall: 7.11.1. Be maintained in a dean, nuisance free, serviceable condition at all times. 7.11.2. Be leak proof and fully endosed, including holding tanks. 7.11.3. Have separate storage tanks for holding effluent from serviced toilets and potable water for recharging units after leaning. 8. 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 services needed to satisfy operating requirements, which may be more or less than indicated. 9. AGREEMENT ADMINISTRATOR: All work performed under this contract will be supervised and verified by the City representative(s) noted below. Randy Gordon at 512-341-3340 PTIV SERVICE, ACCEPTANCE AND PAYMENT 1. ACCEPTANCE: Acceptance inspection should not take more than two working days. The vendor will be notified within this period if the unit delivered Is not in full compliance with the specifications. If any 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 the following address: City of Round Rock Finance Department 221 East Main Street Round Rock, 7X78884-5299 3. PR9MPT PAYMENT POLICY: 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 the City receives a correct invoice for the supplies, materials, equipment or services, whichever Is later. The Vendor may charge a late fee (fee shall not be greater than that which Is permitted by Texas law) for payments not made in accordance with this prompt payment policy; however, this policy does not apply to payments made by the City In the event 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 senAces.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 alt claims for overcharges assodated with this agreement which arise under the antitrust laws of the United States, 15 USGA Section 1 NI seq., and which arise under the antitrust laws of the State of Texas. Bus. and Com. Code, Section 15.01, 4t t 6 of 6 ATTACHMENT A CITY OF ROUND ROCK INSURANCE REQUIREMENTS 1. jNSURANCE: The Vendor shall procure and maintain at its sole cost and exoense (4r the duration pf the contrail or ourcfiase order result* from a resoonse to this bid//pecMcation insurance aciaitst debits for injuries to persons or damages to orooerty which may arise from or in conneccon with the performance of the work as a result of this bid by the suocessiu;hl bidder. its its. representatives. volunteers. emp onas or stkcorgractors, 1.1. Certificates of insurance and endorsements shall be furnished to the Ctty and approved by the City before work commences. 1.2. The following standard insurance policies shall be required: 1.2.1. General Lability Policy 1.2.2. Automobile Liability Policy 1.2.3. Worker's Compensation Policy 1.3. The following general requirements are appficable to all polices: 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 polices 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 y 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 aN owned, non -owned, and hired vehicles with minimum limits for Bodily injury of 5100,000.00 each person, and 5300,000.00 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 LIablIty Insurance. 1.3.6. Coverage shall be maintained for two years minimum after the termination of the 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 temps, conditions, (imitations, or exclusions (except where poIlcy 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 a000mphh such changes in policy coverage and shaN pay the Dost thereof. All insurance and bonds shah meet the requirements of the bid specification and the insurance endorsemerts stated below. 1.5. Vendor agrees that with respect to the required insurance, all insurance contrails and certi Icaite(s) of insurance will contain and state, in writing, on the certificate or its attachment, the folowing provisions: Page 1 of 4 include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 6.3. 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. 6.4. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being awarded the contract. 6.5. 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. 6.6. The CONTRACTOR shall obtain from each person providing services on a project, and provide to the OWNER: 6.6.1. 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 6.6.2. 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 ProJ• 6.7. The CONTRACTOR shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 6.8. The CONTRACTOR shall notify the OWNER lo writing by certified mad 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 proving services on the project. 6.9. 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. 6.10. The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a project, to: 6.10.1. provide coverage, based on proper reporting of dassification 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 6.10.2. 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 6.10.3. 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 6.10.3.1. obtain from each other person with whom it contracts, and provide to the CONTRACTOR 6.10.3.1.1. a certificate of coverage, prior to the other person beginning work on the project; and 6.10.3.1.2. 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 6.10.3.2. retain all required certificates of coverage on fie for the duration of the project and for one year thereafter, 6.10.3.3. 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 6.10.3.4. 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. 6.10.3.5. By signing the solicitation associated with this specification. or providing, or caging to be provided a certificate of coverage, the Contractor is representing to the Owner that all employees of the Contractor who will provide servioes 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 an coverage agreements will be tiled 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, civIt penalties, or other civil actions. 6.10.3.6. 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 ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 05/19/08 TYPE OF INSURANCE PRODUCER 1-212-295-8000 Integro USA Inc. dba Integro Insurance Brokers 3 Times Square 9th Floor New York, NY 10036 THIS CERTIFICATE IS ISSUED AS A MATTER ONLY AND CONFERS NO RIGHTS UPON THE HOLDER. THIS CERTIFICATE DOES NOT AMEND, ALTER THE COVERAGE AFFORDED BY THE OF INFORMATION CERTIFICATE EXTEND OR POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Howse Brothers Sanitation dba United Site Services 168 Park 35 CVN Buda , TX 78610 /`A/CDA rice Services, Inc. INSURERA:Liberty Mutual Fire Ins. Co. TB2-641-435338-027 INSURERB:Liberty Insurance Corporation 11/03/08 INSURER C: $1,000,000 INSURER D: INSURER E: COMMERCIAL GENERAL LIABILITY THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD'L INSRO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS A GENERALLIABIUTY TB2-641-435338-027 11/03/07 11/03/08 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED 100, PREMISES (Ea occurence) $ 000 CLAIMS MADE X OCCUR MED EXP (Anyone person) $ 10,000 PERSONAL &ADV INJURY 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $2,000,000 POLICY JE a n LOC A AUTOMOBILE X LIABILITY ANY AUTO AS2-641-435338-037 11/03/07 11/03/08 COMBINED SINGLE LIMIT (Ea accident) $2,000,000 X ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $ X HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WA7-64D-435338-017 11/03/07 11/03/08 X WCSTATU- OTH- TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? If yes, describe under E.L. DISEASE -EA EMPLOYEE $1,000,000 SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Project: Round Rock, TX Contract Deductibles: $250,000 Workers Compensation and $250,000 Automobile City of Round Rock, its officers, employees and elected officials are included as Additional Insureds as their interest may appear to the policies above (except Workers comp) and as per the terms & cond. of the policies. Waiver of subrogation is granted in favor of the certificate holder. Named Insured has contractual liability for a contract provided that the BI and Property Damage occurs subsequent to the execution of the contract or agreement or that Named Insured would have had in the absence of the contract. f`C DTICIf`ATC IJAI nCe CANCELLATION City of Round Rock 221 East Main Round Rock, TX 78664-5299 ACORD 25 (2001/08) clloyd 8814433 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL @FIRMCIVFICIIEg MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, irgrillardaiAMMEMOCKARUCX XIMMEIOXIMIXMLEXI6XWEICOKINEENX200CANECIONEWRXIMNXIXXXXXOURXXXXICINTECEEX zwitsuumaragyXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX AUTHORIZED REPRESENTATIVE ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCL-1L GENERAL LIABILITY COVERAGE FORM SECTION II - WHO IS AN INSURED is amended to include as an insured any person or organization for whom you have agreed in writing to provide liability insurance. But: The insurance provided by this amendment: 1. Applies only to "bodily injury" or "property damage" arising out of (a) "your work" or (b) premises or other property owned by or rented to you; 2. Applies only to coverage and minimum limits of insurance required by the written agreement, but in no event exceeds either the scope of coverage or the limits of insurance provided by this policy; and 3. Does not apply to any person or organization for whom you have procured separate liability insurance while such insurance is in effect, regardless of whether the scope of coverage or limits of insurance of this policy exceed those of such other insurance or whether such other insurance is valid and collectible. The following provisions also apply: 1. Where the applicable written agreement requires the insured to provide liability insurance on a primary, excess, contingent, or any other basis, this policy will apply solely on the basis required by such written agreement and Item 4. Other Insurance of SECTION IV of this policy will not apply. 2. Where the applicable written agreement does not specify on what basis the liability insurance will apply, the provisions of Item 4. Other Insurance of SECTION IV of this policy will govern. 3 This endorsement shall not apply to any person or organization for any "bodily injury" or "property damage" if any other additional insured endorsement on this policy applies to that person or organization with regard to the "bodily injury" or "property damage". 4. If any other additional insured endorsement applies to any person or organization and you are obligated under a written agreement to provide liability insurance on a primary, excess, contingent, or any other basis for that additional insured, this policy will apply solely on the basis required by such written agreement and Item 4. Other Insurance of SECTION IV of this policy will not apply, regardless of whether the person or organization has available other valid and collectible insurance. If the applicable written agreement does not specify on what basis the liability insurance will apply, the provisions of Item 4. Other Insurance of SECTION IV of this policy will govern. This endorsement is executed by the Premium $ Effective Date For attachment to Policy No. Audit Basis Issued To Issued LN 20 0106 05 Expiration Date TB2-641-435338-027 J 4,111 PRESIDENT Countersigned by Authorized Representative Sales Office and No. End. Serial No. DATE: June 19, 2008 SUBJECT: City Council Meeting — June 26, 2008 ITEM: *10F1. Consider a resolution authorizing the Mayor to execute an Agreement for rental of portable chemical toilets with Howse Brothers Sanitation Services, Inc. dba United Site Services. Department: Parks and Recreation Staff Person: Randy Gordon Cory Styron, Assistant Director of Parks and Recreation Justification: To approve contract Funding: Cost: $24,185 Source of funds: General Fund Background Information: United Sites Services submitted a bid for providing and maintaining portable toilets for the Parks & Recreation Department. Public Comment: N/A Executed Document Follows CITY OF ROUND ROCK AGREEMENT FOR RENTAL OF PORTABLE CHEMICAL TOILETS FROM HOWSE BROTHERS SANITATION SERVICES. INC. dba UNITED SITE SERVICES THE STATE OF TEXAS CITY OF ROUND ROCK COUNTY OF WILLIAMSON COUNTY OF TRAVIS KNOW ALL BY THESE PRESENTS: That this Agreement for rental of portable chemical toilets, and for related goods and services, referred to herein as the "Agreement," is made and entered into on this the 26 day of the month of J(,(YIC..., , 2008, between the CITY OF ROUND ROCK, TEXAS, a home -rule municipality whose offices are located at 221 East Main Street, Round Rock, Texas 78664, referred to herein as the "City," and HOWSE BROTHERS SANITATION SERVICES, INC. dba UNITED SITE SERVICES, whose offices are located at 168 Park 35 Cove North, Buda, Texas 78610, referred to herein as the "Vendor." This Agreement supersedes and replaces any previous agreement between the named parties, whether oral or written, and whether or not established by custom and practice. RECITALS: WHEREAS, City desires to rent portable chemical toilets, and to purchase goods and services related to cleaning and maintenance, and City desires to procure same from Vendor; and WHEREAS, City has issued its "Invitation for Bid" for the provision of said goods and services, and City has selected the bid submitted by Vendor; and WHEREAS, the parties desire to enter into this Agreement to set forth in writing their respective rights, duties, and obligations; NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties mutually agree as follows: 1.01 DEFINITIONS A. Agreement means the binding legal contract between City and Vendor whereby City is obligated to buy specified goods and Vendor is obligated to sell same. The Agreement includes: (a) City's Invitation for Bid designated IFB 08-011, Specification Number 07-977-73 dated November 2007; (b) Vendor's Response to IFB; (c) contract award; and (d) any exhibits, addenda, and/or amendments thereto. Any conflicts or inconsistencies in the contract documents shall be resolved by giving preference in the following order: 00137232/ml (1) This Agreement; (2) Purchaser's Response to IFB; (3) City's Invitation for Bids, exhibits, and attachments. B. City means the City of Round Rock, Williamson and Travis Counties, Texas. C. Effective Date means the date upon which the binding signatures of both parties to this Agreement are affixed. D. Force Majeure means acts of God, strikes, lockouts, or other industrial disturbances, acts of the public enemy, orders of any kind from the government of the United States or the State of Texas or any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, restraint of the government and the people, civil disturbances, explosions, or other causes not reasonably within the control of the party claiming such inability. F. Goods mean the specified supplies, materials, commodities, or equipment. F. Vendor means Howse Brothers Sanitation Services, Inc. dba United Site Services, or any of its successors or assigns. 2.01 EFFECTIVE DATE, TERM, ALLOWABLE RENEWALS, PRICES FIRM A. This Agreement shall be effective on the date it has been signed by both parties hereto, and shall remain in full force and effect unless and until it expires by operation of the term stated herein, or until terminated or extended as provided herein. B. The term of this Agreement shall be for five (5) consecutive twelve-month periods from the effective date hereof. After that term, this Agreement may be renewed for successive terms of twelve (12) months each, not to exceed in the aggregate two (2) such renewals, with such renewals to occur on or before the expiration date of the preceding term, and with such renewals being absolutely predicated upon the express written agreement of both parties. Such renewals are permitted only provided Vendor has performed each and every contractual obligation specified in this original Agreement. C. 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. 2 D. City reserves the right to review the relationship at any time, and may elect to terminate this Agreement with or without cause or may elect to continue. 3.01 CONTRACT DOCUMENTS AND EXHIBITS City selected Vendor as the integrator of choice to supply the goods as outlined in IFB 08-011, Specification Number 07-977-73 dated November 2007, and Response to IFB submitted by Vendor, all as specified in Exhibit "A" attached hereto and made a part hereof for all purposes. The intent of these documents is to formulate an Agreement listing the responsibilities of both parties as outlined in the IFB and as offered by Vendor in its Response to the IFB. The goods and services which are the subject matter of this Agreement are described in Exhibit "A" and, together with this Agreement, comprise the total Agreement and they are fully a part of this Agreement as if repeated herein in full. 4.01 ITEMS AWARDED All bid items on Exhibit "A" are awarded to Vendor. 5.01 COSTS Unit prices listed on Exhibit "A" shall be the basis of any charges collected by Vendor. 6.01 INVOICES All invoices shall include, at a minimum, the following information: A. Name and address of Vendor; B. Purchase Order Number; C. Description and quantity of items received; and D. Delivery dates. 7.01 INTERLOCAL COOPERATIVE CONTRACTING / PURCHASING Authority for local governments to contract with one another to perform certain governmental functions and services, including but not limited to purchasing functions, is granted under Government Code, Title 7, Chapter 791, Interlocal Cooperation Contracts, Subchapter B and Subchapter C, and Local Government Code, Title 8, Chapter 271, Subchapter F, Section 271.101 and Section 271.102. 3 Other governmental entities within the State of Texas may be extended the opportunity to purchase off of the City of Round Rock's bid, with the consent and agreement of the successful vendor(s) and Round Rock. Such agreement shall be conclusively inferred for the vendor from lack of exception to this clause in the vendor's response. However, all parties hereby expressly agree that the City of Round Rock is not an agent of, partner to, or representative of those outside agencies or entities and that the City of Round Rock is not obligated or liable for any action or debts that may arise out of such independently -negotiated "piggyback" procurements. 8.01 NON -APPROPRIATION AND FISCAL FUNDING This Agreement is a commitment of City's current revenues only. It is understood and agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year if the governing body of City does not appropriate funds sufficient to purchase the services as determined by City's budget for the fiscal year in question. City may effect such termination by giving Vendor a written notice of termination at the end of its then -current fiscal year. 9.01 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be made by City to Vendor will be made within thirty (30) days of the date City receives goods under this Agreement, the date the performance of the services under this Agreement are completed, or the date City receives a correct invoice for the goods or services, whichever is later. Vendor may charge interest on an overdue payment at the "rate in effect" on September 1 of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas Government Code, Section 2251.025(b). This Prompt Payment Policy does not apply to payments made by City in the event: (a) There is a bona fide dispute between City and Vendor, a contractor, subcontractor, or supplier about the goods delivered or the service performed that cause the payment to be late; or (b) There is a bona fide dispute between Vendor and a subcontractor or between a subcontractor and its supplier about the goods delivered or the service performed that causes the payment to be late; or (c) The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or (d) The invoice is not mailed to City in strict accordance with any instruction on the purchase order relating to the payment. 10.01 GRATUITIES AND BRIBES City may, by written notice to Vendor, cancel this Agreement without incurring any liability to Vendor if it is determined by City that gratuities or bribes in the form of 4 entertainment, gifts, or otherwise were offered or given by Vendor or its agents or representatives to any City officer, employee or elected representative with respect to the performance of this Agreement. In addition, Vendor may be subject to penalties stated in Title 8 of the Texas Penal Code. 11.01 TAXES City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be included in Vendor's charges. 12.01 ORDERS PLACED WITH ALTERNATE VENDORS If Vendor cannot provide the goods as specified, City reserves the right and option to obtain the products from another supplier or suppliers. 13.01 INSURANCE Vendor shall meet all requirements as stated in the attached Invitation for Bid No. IFB 08-011 (including all attachments and exhibits), and its bid response. 14.01 CITY'S REPRESENTATIVE City hereby designates the following representative(s) authorized to act in its behalf with regard to this Agreement: Randy Gordon Parks Manager Round Rock Parks and Recreation 301 West Bagdad, Suite 250 Round Rock, Texas 78664 512-341-3340 15.01 RIGHT TO ASSURANCE Whenever either party to this Agreement, in good faith, has reason to question the other party's intent to perform hereunder, then demand may be made to the other party for written assurance of the intent to perform. In the event that no written assurance is given within the reasonable time specified when demand is made, then and in that event the demanding party may treat such failure as an anticipatory repudiation of this Agreement. 16.01 DEFAULT If Vendor abandons or defaults under this Agreement and is a cause of City purchasing the specified goods elsewhere, Vendor agrees that it may be charged the difference in cost, if any, and that it will not be considered in the re -advertisement of the service and that it may not 5 be considered in future bids for the same type of work unless the scope of work is significantly changed. Vendor shall be declared in default of this Agreement if it does any of the following: A. Fails to make any payment in full when due; B. Fails to fully, timely and faithfully perform any of its material obligations under this Agreement; C. Fails to provide adequate assurance of performance under the "Right to Assurance" section herein; or D. Becomes insolvent or seeks relief under the bankruptcy laws of the United States. 17.01 TERMINATION AND SUSPENSION A. City has the right to terminate this Agreement, in whole or in part, for convenience and without cause, at any time upon thirty (30) days' written notice to Vendor. B. In the event of any default by Vendor, City has the right to terminate this Agreement for cause, upon ten (10) days' written notice to Vendor. C. Vendor has the right to terminate this Agreement only for cause, that being in the event of a material and substantial breach by City, or by mutual agreement to terminate evidenced in writing by and between the parties. D. In the event City terminates under subsections (A) or (B) of this section, the following shall apply: Upon City's delivery of the referenced notice to Vendor, Vendor shall discontinue all services in connection with the performance of this Agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such orders and contracts are chargeable to this Agreement. Within thirty (30) days after such notice of termination, Vendor shall submit a statement showing in detail the goods and/or services satisfactorily performed under this Agreement to the date of termination. City shall then pay Vendor that portion of the charges, if undisputed. The parties agree that Vendor is not entitled to compensation for services it would have performed under the remaining term of the Agreement except as provided herein. 18.01 INDEMNIFICATION Vendor shall defend (at the option of City), indemnify, and hold City, its successors, assigns, officers, employees and elected officials harmless from and against all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and any and all other costs or fees arising out of, or incident to, concerning or resulting from the fault of Vendor, or Vendor's agents, employees or subcontractors, in the performance of Vendor's obligations under this Agreement, no matter how, or to whom, such loss may occur. Nothing herein shall be 6 deemed to limit the rights of City or Vendor (including, but not limited to the right to seek contribution) against any third party who may be liable for an indemnified claim. 19.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES Vendor, its agents, employees and subcontractors shall use best efforts to comply with all applicable federal and state laws, the Charter and Ordinances of the City of Round Rock, as amended, and with all applicable rules and regulations promulgated by local, state and national boards, bureaus and agencies. 20.01 ASSIGNMENT AND DELEGATION The parties each hereby bind themselves, their successors, assigns and legal representatives to each other with respect to the terms of this Agreement. Neither party shall assign, sublet or transfer any interest in this Agreement without prior written authorization of the other party. 21.01 NOTICES All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows: 1. When delivered personally to recipient's address as stated in this Agreement; or 2. Three (3) days after being deposited in the United States mail, with postage prepaid to the recipient's address as stated in this Agreement. Notice to Vendor: Howse Brothers Sanitation Services, Inc. dba United Site Services 168 Park 35 Cove North Buda, TX 78610 Notice to City: Assistant City Manager 221 East Main Street Round Rock, TX 78664 AND TO: Stephan L. Sheets, City Attorney 309 East Main Street Round Rock, TX 78664 7 Nothing contained herein shall be construed to restrict the transmission of routine communications between representatives of City and Vendor. 22.01 APPLICABLE LAW; ENFORCEMENT AND VENUE This Agreement shall be enforceable in Round Rock, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terns or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 23.01 EXCLUSIVE AGREEMENT This document, and all appended documents, constitutes the entire Agreement between Vendor and City. This Agreement may only be amended or supplemented by mutual agreement of the parties hereto in writing, duly authorized by action of the City Manager or City Council. 24.01 DISPUTE RESOLUTION 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 Vendor shall each select a mediator and the two mediators shall agree upon a third mediator. Any costs and fees, other than attorney fees, associated with the mediation shall be shared equally by the parties. City and Vendor hereby expressly agree that no claims or disputes between the parties arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9 USC Section 1-14) or any applicable state arbitration statute. 25.01 SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any such void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion or provision held to be void. The parties further agree to amend this Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent this entire Agreement from being void should a provision which is of the essence of this Agreement be determined to be void. 8 26.01 MISCELLANEOUS PROVISIONS Standard of Care. Vendor represents that it employs trained, experienced and competent persons to perform all of the services, responsibilities and duties specified herein and that such services, responsibilities and duties shall be performed in a manner according to generally accepted industry practices. Time is of the Essence. Vendor understands and agrees that time is of the essence and that any failure of Vendor to fulfill obligations for each portion of this Agreement within the agreed timeframes will constitute a material breach of this Agreement. Vendor shall be fully responsible for its delays or for failures to use best efforts in accordance with the terms of this Agreement. Where damage is caused to City due to Vendor's failure to perform in these circumstances, City may pursue any remedy available without waiver of any of City's additional legal rights or remedies. Force Majeure. Neither City nor Vendor shall be deemed in violation of this Agreement if it is prevented from performing any of its obligations hereunder by reasons for which it is not responsible as defined herein. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. Multiple Counterparts. This Agreement may be executed in multiple counterparts, any one of which shall be considered an original of this document; and all of which, when taken together, shall constitute one and the same instrument. IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates indicated. City of Round Rock, Texas By: Printed Name: Title: Date Signed: Attest: By. Sara L. White, City Secretary For Ci► 4 era B It,,. ems, i Step L. Sheets, City Attorney Appr ved a o Form: 9 Howse Brothers Sanitat »►n Services, Inc., dba United Site Servi By: l(*tom Printed Name: jY)GiK „ r,„0-,)) Title: ✓ . P C - o . o - Date Signed: MINN WE TO THE PLNICnI.MTre OFFICE ATM AWE ADDREta rrayONI ani► OPENING 1M6 INVOICE To: Cigr of Round Rock Accounts Peyabls 221 East Main Street Round Rods Tams 75484.5299 so F.O.S. OE$TeiT ON. FREIGHT PREP ANO A .1.0NEO WILlas anefnneSE aPECW150 avow DESTINATION: Various City Locations NATATION FORM() (We) CTY OF ROUND ROC( PURCHASING OFFICE 221 IE. Main Street Round Reck Taxa 75544215 'ACME RESPONSES MILL NOT EE AOCEPTOO MMMT wrwRa as NWIMa taraa LVT •Waa.ea Os.c ant OMMM a UleR KWM MMIS W .00aa rMa pmc.1a INFORMAT o Rental of PortabN TORI. Was NUMBER 08011 weak DATE: 12/11/2007 at 3:00 P.M. ser LOCATION: 221 L Main Street, Council Chambers, Round Rock 7X 175564 IMMO WNW OMONAL ANDTONE COPY OF IMO V Autcessd abuUra •- 140,ekSa.n))o *waft old /Z + 07— V. P. �C.o.d.. Seat.? d Midarea 6rt !:rano an yeas 3 TAX CNO.: 75- 69 3aro LEGAL BUI1 IS NAME: '& Se o}her-s Son 1 s+a.4:en Sei-4,ce,k zit, Ab -,OV ;:}e5 ADORES&14S ArK 3>: CV Ahr)-1, Avows: -Sy d . TK -7 e b._) G - CONTACT: -T.. y S k- e' M i t k q TELEIMONE na: _LF ',al -3•.t_. - S9_5 O susp Ess ENTRY TYPE: C d r G r .. )- .- 6 n The gtranaties The City signature r'Stnlimunicabd hes *ISISd hereon aab:ad, err bidder hereby collies art nslher the bidder Sas arISbuet moa WINS Stele. codified In Scion 15.01 et seq.. Texas nor the Maly repraoMad by the Business and Commerce Cods, or pin aged in such Gree of b uoiness bidder, or anyone acting for with entity ckwaly or Ind/redly, (Ins bid made b any canpaElor or any odIsr Wm Feder"' entleust laws. no " Bidder same to eom_ph► with ell conditions set forth In the IFB. This is for a five year agreement with two 12 -month renewal options for the rental of portable toilets in accordance with specification No, 07- e77-73, Dated 11.2007 (7 pgs), Attachment A - Insurance (4 pp). Portable Toilet Cleaning Schedule (lug) and Outlaw Tres 100 ripe) The gtranaties The City for twelve No guarantee of any minimum or maximum purchssa is made or 'moiled. shown are estimates a month period only. will only order the amount needed to satisfy opers1ng requiremsnb. IND WEST ITEM 1 DESCRIPTION Monthly Rental - Standard Serviced 2 times a week Estimated Annual Qty 97 UNIT ea UNR PRICE (n 5 . Oa EXTENSION qty X unit price 6, 3 O5. o0 1 2 Monthly Rental - Handicap Serviced 2 times a weak 64 ea_8O . o •ri S 1 a o . oc, 3 VVeekty Rental - Standard Serviced 2 times a week 1 as fc5-o4 (a5• o0 4 Weekly Rental - Handicap Serviced 2 times a week 1ea So . Or:. .SO . op 5 Monthly Rental - Standard Serviced 1 time a week 21 _ ea 14_5 .to ci `i s. 00 6 Monthly Rental - Handicap Serviced 1 time a week 60 ea d, > • 0 ca 3 re o o . 00 7 Wieldy Rental - Standard Serviced !time a week 1 ea _ 9S, ao 'IS . oo_ 8 Weekly Rental - Handicap Serviced 1 tine a week 1 50 ea OE 4,S .co 1-15-.00 4,S .oil a So .00 9 Weekend Rental - (Fri - Sun) Standard 10 Weekend Rental - (Fd - Sun) Handicap 10 ea 45 -oo 5 a • oo 11 Davy Rental - Standard 90 ea i5.00 afOSO...o 12 Willy Rental - Hanckcap 10 ea 65.00 4„So . 13 Relocation Charge 20 - ea 14 Extra Service 24 ea r-5,oa 5�o.ao� _ GRAND TOTAL ;j e1 / AS..oO DELIVERY IN m . _ DAIS 1013 EXHIBIT I ItArr BIDDING INSTRUCTIONS ITEMS BELOW APPLY TO AND BECOME A PART OF TERMS AND CONDITIONS OF BID ANY EXCEPTIONS THERETO MUST BE IN WRITING 1. WOOING REQUIREMENTS: t1 Wang requires pdng par uµl shoran and adesions. If trade discount is shoo on bid, it should be deducted and nM Ins extensions shown. Bidders guarantees product offend WI onset or exceed spadia6ons Id.n*fed *this Kato For Edd (IFB). 1.2 Bids should be subbled on this form. Each bid OW be paced Ina sepanM.nuNope caepitelyy and prap.dy identified. See instudions on reverse aide. aids must be n to elks date Cay Padheshg front before the hour and dale seedbed on bre reverse side of thl FS. 1.3 Late bids properly Mantled we be Mimed b bidder warmed. lab bids wi not be considered. 1.4 Sid F.0.8. de.Ynfton, freight, prepaid, & allowed unless otherwise spsoied on the 88. If othn fs', show exact cost to deliver. 1.5 Oki uwa price on granary and telt of mesas specked, send and show toffW. In case ,errors In itension, unit prices elect govern. Bids babied to unlimited price ncease will not be considered. 1.6 Sid paw rhd be inn fa aooeplence 30 days from bid opening date. 'Mount from Lit' bids are not acceptance unless requested. Cash discount we not be oerid.red in &twining M bw bid. Aa ash diorite offered wi be token teamed. 1.7 Bids shell ave Tax IdaMMlcegon Number. full name and address of bidder. Failure to sign we disqualify bid. Person signing bid shall show tilo and audacity to bind signatories fkm n a contact. Fico name shot*, appear on each page in the bbdc provided in the upper fight comer. Business Eniy shwa be old (1)018'. following: individual Partnership, Sole Proprietorship, EalwaRnm. Corporator, Govenwental. Non -proal as others shall b. spatted. INDIVIDUAL: Lint narise and number es shown on Socii of omit and Tax Security Card. lion Nombre (TinSOLE e legal rums followed by legal bushes. name and Solt Security Number. ALL OTHERS; List legal ram. 1.6 Bid cannot be altered or amended air opening tens. Any Aerations made boar opening time shall be initialed by bidder or an authorized ager. No bid can be wilhdravm spa op.nig lime without Wpprovd of the CITY based on a *ben acceptable reason. 1.6 The City Is sump( from Slate Sala Tax and Federal Excise Tax. Do not include tax In bed. 1.10 Tie City mantes tor1pht to accept or rye, MI or any part of bid, wive minor teda,o.iies and award to bid to best serve the interests of to Cly, Split awards maybe weds M the sole sae alW silks Cty. 1.11 Consistent and tangoed tis bids could coon rejection of bids byte Cay ardfor investigation for an8rusc violations. 1.12 Telephone bids and faalml. blds are not acceptable In response to to F8. 1.13 CAUTION: Bid invasion alowa suradent time ter receipt of the profaned mall esparee. Th. Cly shad not be rvspcnsible for bids received late, legible, recompile, or °Mercedes nonusponsive 2. SPECIFICATION 2.1 Any catalog. brand name err narxrfidnsera reference used h FIS l descriptive only (not resldC6v.). and is used to ltdicals type and quality desired. Bids on brands dales Mune and quay ell be oonddared unless advertised under to provisions of Section 252022 d the Texas Local Government Code. N titer than brand(e) specified is offered akntrataw and compile descriptions of product offered we mooted to be made a pad d to bit If bidder Wes no exceptions to emaciation. et Minna data in bid, bidder via be remind to famish breed names, numbers. etc, as spoiled in to F8, 22 AJ rine bid Wall be new, in Gal class condition. Including containers suitable for shipment and MOMS, WINO Otianvls redacted in IFS. Verbal agreement' to da corbel*. rho be recognized. 23 Samples, when requested, must be furnished fes of expense to the Cly. t not destroyed In examination. toy eta be returned to the bidder, on request, at bidder expense. Each oar* should bs marked wM bidders' name and address. City bid number and code. Do not entlo.e in or attach to bid. 2.4 The Cty will not bs bound by any oral statement or representation contrary b the written spas3ceaons of this FB. 2.5 Men. hebxees standard warranty sines appy unless of envie stared nib FB. 3. TIE BIDS: In case of is bids, the award we be made in accordance wan Sedan 271.901 tithe Trus Local Government Code. 4. DELIVERY: 4.1 Sid should show nunbr of days required to place materiel in Ciys designated baton ceder normal conations. Failure to stats dealer time obligates bidder to cOmpl% deivery in fourteen without veld meson (14) calendar days. may cease removal from 42 blhut or o wing.) g) promises may awes bid b b. dieprdsd Consistent taitme b mot delivery promises 4.2 if delay Is foreseen, contactor shall ave mitten mica b the Cay. The Cay has to right to extend delivery date M reasons appear va*d. Contactor must keep to qty adviad M d Gra of stelae d order. [Wok in pearlised delivery *OW acceptable reason,) or liras b meet specifications. cut mass to Myr to purdase aural* alevfh.rs and charge full krorsses, t any, in cost and handling b defaulting contactor. 4.3 No substitutions or cancellations permitted without mato approval of to City. 4.4 Delivery shall be rede during normal waling hours only, unless prior approval for tete delivery hes been obtained from to Cly, otos ddarwke apsksd in to IFS. 5. INSPECTION MD TESTS: Al goods wild be subject to Inspection and lest by to City ed the extent practicable at all times and places. Authorized City personnel shall haw somas lir any suppliers pace of business for to purpose of impeding merlon,*.. Tells may be performed on samples submitted with to bid or on samples laden tom mauler t the products lased pa b meld rcad ex sed ea dalors and requirements the spedad tearn* c tions, in cost o a rmused and to asst d to shall be supplier. Goods. esnah have been defused end ejected in whole or in pal, may, a1 to Ctys option, be rebored b to Vector or held for aepoettioe *Vendee' s musk and expense Latent defects may result in revocation d amp1nce. 6. AWARD OF CONTRACT: A response to an 166 is an offer to canted with the Cay based upon to terns, candela% and sppcl8*ions contained in to 1FB Bids do not become contacts unless end uhi they are accepted by to City through ib deeg.ae.s any a purchase order is besusd. The contact shall be governed, oonmsbued, and sµerpreled under to Chwtar d to City and the laws of State of Texas. Aa contracts we subject* the approval d the City Counal. 7. PAYMENT: Vendor stall ,bmf the. (3) copies d an invoke showing the purchase order number on N copies. 6. PATENTS AND COPYRIGHTS: The mntraobr agrees to proles to City from ersims Waiving infringements dpatenta **copyrights. g. VENDOR ASSIGNMENTS: Vendor hereby assigns b p elope any and as ,aims for overcharges associated with this contract, which arks under the antitrust laws of the State arrow Tx, Bus. And Comm. Cods Mn. Sec. 15.01, e1 seq. (1667). 10. ODDER AFFIRMATION: 10.1 Waning tis bbd with a false statement is a materiel breach of contact and shalt void to submitted bid or any resulting contracts. and to bidder stall be removed from all bid lips. By signature hereon Abed, to bidder hereby certifies that 10.2 The bidder hes not grv.n, ahead to SIv.. nor Wends b give any tens hereafter any economic sonar**, Uwe employment gift, dare. gr laky, special discount tip. Wror, or servloa lo a public a.rvrn in con ec4om Oh Ne submt ed hid. 10.3 Tia bidder l not currently dbGmqumt In to orient dany debt owed to City. 10.4 Natter to bidder nor to Gm, apporaticr. pertamship. or any amity represented by to bidder, r anyone Wag for such tem, corporation, or anriy has violated to anttust taws of Nie Stab ,died in Seddon 15.01 at Seq. Teas Busbies and Commie' Cods, or the Federal Melon taws, no communicated drolly or indirectly to bid moa b any oonhpaaor. or any Direr person *0959.0 in such ane ofbusiness. 10.5 The bidder has not received compensation for pam6dpafomm in the veneration of Na specRwfon for this FB. 11. NOT! TO WOOERS: My tame end conditions washed to bid veil not be considered oleo the bidder spedikelyr rete renes them on to front of Ws bid form. WARNING: Such Ones end casabas nay rests In disquaifoston ate bid (ea bids wan the leers of a ,tela other than Tars requism.nte ter prenenne t. I.knilestat CO remsaes. Mc.) The City d Round Rock an only accept bids a4idt contain al to tams and conditions of Its broil FB: in partaAar, d bidders ali msaons and cer licatias no be *cadad. Subm4sbn of bids on tonna Other tan City bid form may result in dagwm* don at your did. 12. NOINRIE& inquiries twinning b bbd iwiatas rust give bid number, codes, and openig date. Bidder Instructions Page 2 of 3 Ray.: 04-04-05 REFERENCE SHEET Please Complete and Return This Form with the Solicitation Response SOLICITATION NUMBER: JFB a 08-811 For the Rental of Portable Toilets BIDDER'S NAME: 4Se &other. San; h0. a, ,$c4 1' Q4., r,K. DATE: I a 1-7 /0.7 db& l).-itt4 Si ie $erV tea Provide the name, address, telephone number and point of contract of at least three fines that have utilized similar service for at least 2 year. References may be checked prior to award. Any negative responses received may result in disqualification of bid. I. Company's Name Name of Contact Title of Contact Present Address City, State, Zip Code Telephone Number 2. Company's Name Name of Contact Title of Contact Present Address City, State, Zip Code Telephone Number 3. Company's Name Name of Contact Title of Contact Present Address City, State, Zip Code Telephone Number 4. Company's Name Nance of Contact Title of Contact Present Address City, State, Zip Code Telephone Number 5. Company's Name Name of Contact Title of Contact Present Address City, State, Zip Code Telephone Number C:1-7 or PI" ►iettVo '3'an cf 1-1 Shea aoI 1 c ► 19bt- "iS (e1 -i) 4 - 6 Fax Number (9/?) ,r) o.n •Ro,Xc r f2, c.haAJSo I —r- rc r7 5o a3 (97a) 4"1/ "1/301# Fax Number (97a) 7yS/.- se.&,7 C; -? ar 1 0� Yelp -h Am y 14. 15en 1 66 77e)nocKr»un t"an 7�or4- ^ x `i to ! d a, (817) 37a- sFaxNumber($/7) 3 5 ! 7,C, ( Fax Number ( ( ) Fax Number ( ) FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FROM AWARD. Reference Sheet Page 3of3 Dated: 05/2005 Portable Toilet Cleaning Schedule for 2007 v d CI O z w V 0 o 0) 7 2 L Ct. L 2 d LL o3 c 0 C+rO v 0 -J X X X FX e'X .17G x X X X X X X ,X X X >C X X ui T T T T OSPV RRYB OSPV TENNIS OSPV SOCCER OSPV VIRG RABB OSPV FOOTBALL LUTHER PETERSON BRUSH RECYCLE BUCK EGGER CMRC SKATE PARK Add Football (Winter season) Total Units rn' co. N c0 N ti. 0 V - 0 CO co, st; N, .c0 co` 4 co, CO 117 I ti c ti t o 1- 0) 0 co T N 0 0 0 Cr) 0 Lo Annual Single Events (24 hours) Annual Weekend Events (Fri -Sun) SPECIFICATION NO. 07-977-73 DATED: NOV. 2007 CITY OF ROUND ROCK RENTAL OF PORTABLE TOILETS PART 1 GENERAL 1. PURPOSE: The City seeks to establish a multiple year service Agreement with a responsible bidder for the rental, cleaning and maintenance service of chemical portable toilets (Handicapped & Non -Handicapped). Portable toilets shall herein be referred to as 'units'. 2. DEFINITIONS: The following definitions will be used for identified terms throughout the specification and bld 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. City — Identifies the City of Round Rock, Travis and Williamson County, Texas. 2.3. Agreement —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 speclfied, 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. CLARIFICATION: For darification of specifications, bidders may contact: Carolyn Brooks Purchaser City of Round Rock Telephone: 512-218-5457 cmbOround-rock.tx.us The individual listed above may be contacted by telephone or visited for clarification of the specifications only. No authority is intended or implied that specifications may be amended or alterations accepted prior to bid opening without written approval of the City of Round Rock through the Purchasing Division. Page 1 of 6 SPECIFICATION NO. 07-977-73 DATED: NOV. 2007 4. 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 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 Christine Martinez, City Secretary 221 East Main Street Round Rock, Texas 78664 4.1. Any attempt to intentionally or unintentionally conceal or obfuscate a conflict of interest may automatically result in the disqualification of the vendor's bid. PART II GENERAL CLAUSES AND CONDITIONS 1. J,ABOR: The Vendor shall provide all labor necessary to perform the, service work. 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 091-93 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 good and services 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 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 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. 2 of 6 SPECIFICATION NO. 07-977-73 DATED: NOV. 2007 8. EX PARTE COMMUNICATION: Please note that to insure the proper and fair evaluation of a bid, the City of Round Rock prohibfts 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. 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 Manager reserves the right to: 9.1 Renew the Agreement for two additional periods of time not to exceed twelve months for each renewal provided bother parties agree. 9.2 Review the following at the end of each twelve-month review period or renewal: 9.2.1 Vendor performance 9.2.2 Price 9.2.3 Continuing need 9.2.4 Advancements in technologies and or service 9.3 The City may terminate the Agreement with or without cause or may continue through to the next twelve-month review or renewal period. 10. PRICE: The price bid shall be firm for the duration of the Agreement or extension periods. No separate line item charges shall be permitted for either bidding or invoice purposes, which shall include equipment rental, demurrage, and cost associated with obtaining permits or any other extraneous charges. 11. PRICE ADJUSTMENTS 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/stats.bls.gov/opi/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. 12. 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. 13. 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. 14. 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 considered in the re-advertisement of the service and may not be considered in future bids for the same type of work unless the scope of work is significantly changed. 15. COMPLIANCE WITH LAWS: The successful bidder shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any court or administrative bodies or tribunals in any matter affecting the performance of the resulting agreement, including without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When requested, the Vendor shall furnish the City with satisfactory proof of Its compliance. 3 of 6 SPECIFICATION NO. 07-977-73 DATED: NOV. 2007 16. CODES. PERMITS AND LICENSES: The successful bidder shall comply with all National, State and Local standards, codes and ordinances and the terms and conditions of the services of the City of Round Rock, Texas, as well as other authorities that have Jurisdiction pertaining to equipment and materials used and their application. None of the terms or provisions of the specification shall be construed as waiving any rules, regulations or requirements of these authorities. The successful bidder shall be responsible for obtaining all necessary permits, certificates and/or licenses to fulfill contractual obligations (City of Round Rock fees and costs will be waived). 17. INDEMNITY: Vendor shall indemnify, save harmless and defend the City, Its officers, agents, servants, and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, attomey's fees and any and all other costs or fees incident to the performance of the resulting agreement and arising out of a willful or negligent act or omission of the Vendor, its officers, agents, servants and employees. 18. INSURANCE; The successful Bidder shall meet or exceed ALL insurance requirements set forth by the City as identified in Attachment A to the specifications. Any additional insurance requirements of participating or cooperative parties will be included as subsequent Attachments and shall require mandatory compliance. 19. LIENS: Vendor agrees to and shall indemnify and save harmless the City against any and all liens and encumbrances for all labor, goods and services which may be provided under the resulting agreement. At the City's request, the Vendor or subcontractors shall provide a proper release of all liens or satisfactory evidence of freedom from liens shall be delivered to the City. 20. VENUE: Both the City and the Vendor agree that venue for any litigation arising from a resulting agreement shall Ile in Williamson County. 21. INDEPENDENT CONTRACTOR: It is understood and agreed that the Contractor shall not be considered an employee of the City. The Contractor shall not be within protection or coverage of the City's Worker' Compensation insurance, Health Insurance, Liability Insurance or any other insurance that the City from time to time may have in force and effect. PART 11( SPECIFICATIONS 1. SCOPE: This specification describes a service for the rental, cleaning and maintenance of handicapped & non -handicapped chemical portable toilets. Units shall be rented on a monthly, weekly, or daily basis to include holidays and or weekends and for special events at various locations as specified by City. Vendor shall be available for service 365 days per year. holidays included. 2. STATgMENT OF INTENT: These specifications cover only the general requirements as to the performance criteria of the rental service as well as certain details to which the successful bidder shall conform. Bidders shall be responsible for next day service and shall furnish all labor, material and equipment necessary to rent, clean and maintain portable toilets to meet or exceeds all of the requirements as set forth herein. 3. BIDDER QUAL.IFiCATIONS: The opening of a bid shall not be construed as the City's acceptance of such bidder as qualified and responsible. All bidders shall: 3.1. Be firms, corporations, individuals or partnerships normally engaged in the sale and distribution of commodity or provision of the services as specified herein. 3.2. Have adequate organization, facilities, equipment and personnel to ensure prompt and efficient service to the City. 3.3. Provide references to include the name, address, telephone number and point of contract of at least three entities for which the bidder has preformed similar service and or utilized the exact technology within the past three years. Any negative responses received may result in disqualification of bid. 3.4. Identify any subcontractors to be used for this project. 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. 4 of 6 SPECIFICATION NO. 07-977-73 DATED: NOV. 2007 4. SERVICE REQUIREMENTS:.Vendor shall: 4.1. Fumish all equipment required to place, pickup, service and/or relocate unit(s). 4.2. Provide ramps for handicapped units, at no additional cost to the City. 4.3. Be responsible for removing contents and any equipment used after each service and shall remove from City property. 4.4. Provide units with a service label placed on the inside wall in order for Vendor to annotate date and initial after each service. Label not annotated on unit will be considered a missed service. 4.5. Service each rented unit to include, but not be limited to the complete removal of tank contents, dean and disinfect the inside, the waste tank, urinal, walls, door, toilet seat, and floor. 4.6. Recharge tank and deposit the necessary chemical for odor control and decomposition to keep unit sanitary after waste has been removed from tank. 4.7. Provide two full rolls of toilet tissue when servicing each unit at each location, at no additional cost to City. 4.8. Service units two times per week or as otherwise specified. 4.9. Have a supervisor to perform spot checks a minimum of two times per week 4.10. Provide a Biweekly report of sign -off service labels with the monthly invoice to assure proper service has been completed. 4.11. Relocate unit(s) within 24 hours after notification by Contract Manager. 4.12. Contact and schedule a meeting with Agreement Manager one day after notification of award of contract to schedule the biweekly service and to schedule the change out of units If Incumbent is not the winning bidder. 4.13. Provide name, pager number and emergency phone number of at least two representatives who can be reached 24 hours a day. 4.14. The City reserves the right to request additional units, to include but not limited to, special events, one -day or weekly basis, as deemed necessary. Vendor shall provide units as requested by Agreement Manager within 24 hours of notification. 5. EXTRA SERVICR: 5.1. Extra service is defined as additional service to regular route, holiday, Saturday and/or Sunday. 5.2. Extra service shall conform to the same requirements stated in these specifications. 5.3. Vendor shall provide extra servicing within 24 hours after notification by Agreement Manager. 6. HOLIDAY AND OR WEEKEND 6.1. Holiday and or weekend Units shall be provided as requested by Agreement Manager. 6.2. Holiday and or weekend service shall conform to the requirements stated in these specifications. 6.3. Vendor shall provide extra servicing within 24 hours after notification by Contract Manager. 7. MATERIAL REQUIREMENTS: Units furnished shall: 7.1. Be a single seat capacity with one urinal. 7.2. Have a fiberglass or non -porous plastic tank, fifty to fifty-five gallon capacity, water tight and outside vented. 7.3. Be equipped with toilet seat and hinged cover of enameled wood or plastic. 7.4. Have urinal constructed of fiberglass or urethane with a discharge opening of 'A inch minimum inside diameter of rigid plastic or buyer approved equal and shall be water tight. 7.5. Be constructed 7.5.1. with weatherproof plywood, fiberglass or metal 7.5.2. with durable rigid frame, well vented 7.5.3. on skids for relocation by sliding 7.5.4. so air goes through ft or circulates 7.5.5. to be moved easily and does not sit on ground 7.6. Be equipped with a self-closing door that is tight fitting, and shall have an inside lock. 7.7. Be equipped with toilet tissue dispenser for two full rolls. 7.8. Have a screened ventilation opening and have a cross-sectional area of at least one square foot. Vent shall be screened with a minimum sixteen -mesh screen or buyer approved equal. 5 of 6 SPECIFICATION NO. 07-977-73 DATED: NOV.2007 7.9. Have a chemical charge to ensure bacteriological and chemical safety and eliminate obnoxious odors. 7.10. Handicapped Units: Each unit shall 7.10.1. Comply with all requirements as Identified In Part II, General Terms and Conditions: 7.10.2. Be equipped with handrails and ramps. 7.10.3. Have the capacity for a wheelchair to enter door and park wheelchair inside toilet compartment without obstructing patron's ability to reach handrails and toilet seat. 7.11. Service Vehicle: All vehicles servicing any City location shall: 7.11.1. Be maintained in a dean, nuisance free, serviceable condition at all times. 7.11.2. Be leak proof and fully enclosed, including holding tanks. 7.11.3. Have separate storage tanks for holding effluent from serviced toilets and potable water for recharging units after cleaning. 8. 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 services needed to satisfy operating requirements, which may be more or less than indicated. 9. AGREEMENT ADMINISTRATOR: All work performed under this contract will be supervised and verified by the City representative(s) noted below. Randy Gordon at 512-341-3340 PACT IV SERVICE, ACCEPTANCE AND PAYMENT 1. ACCEPTANCE: Acceptance inspection should not take more than two working days. The vendor will be notified within this period if the unit delivered is not In full compliance with the specifications. If any 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 the following address: City of Round Rock Finance Department 221 East Main Street Round Rock, TX78664-5299 3. PROMeT PAYMENT POLICY: 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 the City receives a correct invoice for the supplies, materials, equipment or services, whichever is later. The Vendor may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in accordance with this prompt payment policy; however, this policy does not apply to payments made by the City in the event: 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 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. OYERCHARGES: 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 g seq., and which arise under the antitrust laws of the State of Texas, Bus. and Com. Code, Section 15.01, e1 seq. 6 of 6 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 orpoerty 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. Workers 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 certificates) 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 polices. 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 6. WORKERS COMPENSATION INSURANCE 6.1. 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. 6.1.1. 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. 6.1.2, Duration of the project - includes the time from the beginning of the work on the project until the CONTRACTOR'S /person's work on the project has been completed and accepted by the OWNER. 6.2. Persons providing services on the project ("subcontractor') in Section 406.096 - includes ail 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 indudes, 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. 6.3. 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. 6.4. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being awarded the contract. 6.5. 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. 6.6. The CONTRACTOR shall obtain from each person providing services on a project, and provide to the OWNER: 6.6.1. 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 6.6.2. 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. 6.7. The CONTRACTOR shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 6.8. 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. 6.9. 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. 6.10. The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a project, to: 6.10.1. 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 8.10.2. 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; 6.10.3. 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; 6.10.3.1. obtain from each other person with whom it contracts, and provide to the CONTRACTOR: 6.10.3.1.1. a certificate of coverage, prior to the other person beginning work on the project; and 6.10.3.1.2. 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 6.10.3.2. retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 6.10.3.3. 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 6.10.3.4. 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. 6.10.3.5. 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. 6.10.3.6. 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 ACORD,,, CERTIFICATE OF LIABILITY INSURANCEATEIMM08 /YYYY) PRODUCER 1-212-295-8000 Integro USA Inc. dba Integro Insurance Brokers 3 Times Square 9th Floor New York, NY 10036 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POL CIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Howse Brothers Sanitation dba United Site Services 168 Park 35 CVN Buda , TX 78610 Services, Inc. INSURERA:Liberty Mutual Fire Ins. Co. INSURERB:Liberty Insurance Corporation LIABILITY COMMERCIAL GENERAL LIABILITY INSURERC: 11/03/07 INSURER D: EACH OCCURRENCE INSURER E: DAMAGE TO D PREMSES(Ea occuEence) THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD'L INSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YYI POLICY EXPIRATION DATE (MM/DD/YY1 LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY TB2-641-435338-027 11/03/07 11/03/08 EACH OCCURRENCE $1,000,000 DAMAGE TO D PREMSES(Ea occuEence) $ 100,000 CLAIMS MADE X OCCUR MEDEXP(Anyoneperson) $ 10,000 GEN'L C-1 PERSONAL &ADV INJURY $ 1, 000, 000 GENERAL AGGREGATE $2,000,000 AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC PRODUCTS -COMP/OP AGG $2,000,000 A AUTOMOBILE X X X LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS AS2-641-435338-037 11/03/07 11/03/08 COMBINED SINGLE LIMIT (Ea accident) $2,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below WA7-64D-435338-017 11/03/07 11/03/08 X Away -S OTH- TORYLIMITER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE -EA EMPLOYEE $ 1, 000,000 E.L. DISEASE- POLICY LIMIT $ 1, 000, 000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS Project: Round Rock, TX Contract Deductibles: $250,000 Workers Compensation and $250,000 Automobile City of Round Rock, its officers, employees and elected officials are included as Additional Insureds as their interest may appear to the policies above (except Workers comp) and as per the terms & cond. of the policies. Waiver of subrogation is granted in favor of the certificate holder. Named Insured has contractual liability for a contract provided that the BI and Property Damage occurs subsequent to the execution of the contract or agreement or that Named Insured would have had in the absence of the contract. CANCELLATION City of Round Rock 221 East Main Round Rock, TX 78664-5299 USA ACORD 25 (2001/08) clloyd 8814433 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL EVAXilIFIEV5 MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, OUVriatairMag1Fffib lilI,YX )220114101011420BUMICIEMICX61310010CICAREUMINXID13112004301CRICOUCCOMMIXISCINX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX AUTHORIZED REPRESENTATIVE ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SECTION II - WHO IS AN INSURED is amended to include as an insured any person or organization for whom you have agreed in writing to provide liability insurance. But: The insurance provided by this amendment: 1. Applies only to "bodily injury" or "property damage" arising out of (a) "your work" or (b) premises or other property owned by or rented to you; 2. Applies only to coverage and minimum limits of insurance required by the written agreement, but in no event exceeds either the scope of coverage or the limits of insurance provided by this policy; and 3. Does not apply to any person or organization for whom you have procured separate liability insurance while such insurance is in effect, regardless of whether the scope of coverage or limits of insurance of this policy exceed those of such other insurance or whether such other insurance is valid and collectible. The following provisions also apply: 1. Where the applicable written agreement requires the insured to provide liability insurance on a primary, excess, contingent, or any other basis, this policy will apply solely on the basis required by such written agreement and Item 4. Other Insurance of SECTION IV of this policy will not apply. 2. Where the applicable written agreement does not specify on what basis the liability insurance will apply, the provisions of Item 4. Other Insurance of SECTION IV of this policy will govern. 3 This endorsement shall not apply to any person or organization for any "bodily injury" or "property damage" if any other additional insured endorsement on this policy applies to that person or organization with regard to the "bodily injury" or "property damage". 4. If any other additional insured endorsement applies to any person or organization and you are obligated under a written agreement to provide liability insurance on a primary, excess, contingent, or any other basis for that additional insured, this policy will apply solely on the basis required by such written agreement and Item 4. Other Insurance of SECTION IV of this policy will not apply, regardless of whether the person or organization has available other valid and collectible insurance. If the applicable written agreement does not specify on what basis the liability insurance will apply, the provisions of Item 4. Other Insurance of SECTION IV of this policy will govern. This endorsement is executed by the Premium $ Effective Date For attachment to Policy No. Audit Basis Issued To Expiration Date TB2-641-435338-027 PIA A Z14 1, SECRETARY PRESIDENT Countersigned by Authorized Representative Issued Sales Office and No. End. Serial No. LN 20 0106 05