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R-08-06-26-10F3 - 6/26/2008RESOLUTION NO. R -08-06-26-10F3 WHEREAS, the City of Round Rock has duly advertised for bids for grounds maintenance services, and WHEREAS, The Greener Side, L.P. has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of The Greener Side, L.P., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Purchase of Grounds Maintenance Services with The Greener Side, L.P., 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, 2008 ATTEST: SARA L. WHITE, City Secretary 0:\WDOX\RESOLUTI\R80626F3,DOC/rmc r ALAN MCGRAW, Mayor City of Round Rock, Texas CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF GROUNDS MAINTENANCE SERVICES WITH THE GREENER SIDE, L.P. THE STATE OF TEXAS CITY OF ROUND ROCK COUNTY OF WILLIAMSON COUNTY OF TRAVIS 1 EXHIBIT KNOW ALL BY THESE PRESENTS: THIS AGREEMENT is for grounds maintenance services on certain of the City's rights-of-way, drainage/retention/detention areas, and parkland (referred to herein as the "Agreement"), and is made by and between the CITY OF ROUND ROCK, a Texas home -rule municipality, whose offices are located at 221 East Main Street, Round Rock, Texas 78664-5299 (referred to herein as the "City"), and THE GREENER SIDE, L.P., whose offices are located at 1109 Wonder Drive, Round Rock, Texas 78681 (referred to herein as the "Services Provider"). RECITALS: WHEREAS, City has determined that there is a need for the delineated services; and WHEREAS, City desires to contract for such services; and WHEREAS, the parties desire to enter into this Agreement to set forth in writing their respective rights, duties and obligations hereunder; NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, it is mutually agreed between the parties as follows: 1.01 EFFECTIVE DATE, TERM, ALLOWABLE RENEWALS, PRICES FIRM This Agreement shall be effective on the date this Agreement has been signed by each party hereto, and shall remain in full force and effect unless and until it expires by operation of the term indicated herein, or is terminated or extended as provided herein. The term of this Agreement shall be for five (5) consecutive twelve-month periods from the effective date hereof. After that term, this Agreement may be renewed for two (2) successive twelve- month periods, under the same terms and conditions, only upon the express written agreement of both parties, and only provided the Services Provider has performed each and every contractual obligation specified in this Agreement. Prices shall be firm for the duration of this Agreement and for any renewal periods. No separate line item charges shall be permitted for invoicing purposes, including but not limited to equipment rental, demurrage, costs associated with obtaining permits, or any other extraneous charges. City may permit "unit price" adjustments upwards only as a result of a cost increase in goods or services in accordance with the Producers Price Index located at http://stats.bls.gov/ppi/home.htm. Any price increase shall be requested by Vendor in writing and accompanied by the appropriate documentation to justify the requested increase. Vendor may offer price decreases in excess of the allowable percentage change. 138369/jkg City reserves the right to review the services at any time, and may elect to terminate with or without cause or may elect to continue with the services. 2.01 CONTRACT AMOUNT; AND SCOPE OF WORK Contract Amount. In consideration for the grounds maintenance services to be performed by Services Provider, City agrees to pay Services Provider the following amounts per year of this Agreement: For Quadrant P-1 Cost per acre $34.00 x 29 acres for 1 cycle (30 calendar days) x 8 cycles TOTAL: $7,888.00 $7,888.00 Scope of Work: For purposes of this Agreement, City has issued documents delineating the required services (specifically IFB 08-025, Specification No. 08-988-75 dated January 2008, Attachment A "City of Round Rock Insurance Requirements," "Grounds Maintenance Services Quadrants - Drainage Parks" revised February 22, 2008, "Grounds Maintenance Services Quadrants - Rights of Way" revised February 22, 2008, and "Invitation for Bid Addendum No. 1" dated February 25, 2008). Services Provider has issued its response agreeing to provide all such required services in all specified particulars. All such referenced documents are included in Exhibit "A" attached hereto and made a part hereof for all purposes. When taken together with the appended exhibits, this Agreement shall evidence the entire understanding and agreement between the parties and shall supersede any prior proposals, correspondence or discussions. Services Provider shall satisfactorily provide all services described under the attached exhibits within the contract term specified in Section 1.01. Services Provider's undertakings shall be limited to performing services for City and/or advising City concerning those matters on which Services Provider has been specifically engaged. Services Provider shall perform its services in accordance with this Agreement, in accordance with the appended exhibits, in accordance with due care, and in accordance with prevailing industry standards for comparable services. 3.01 PAYMENT FOR SERVICES; SUPPLEMENTAL AGREEMENTS Payment for Services: In consideration for the grounds maintenance services to be performed by Services Provider, City agrees to pay as delineated in Section 2.01. Payment for Reimbursable Expenses: There shall be no payment for reimbursable expenses in this Agreement. Not -to -Exceed Total: Unless subsequently changed by additional Supplemental Agreement to this Agreement, duly authorized by appropriate City Council or City Manager action, Services Provider's total compensation under this Agreement shall not exceed $7,888.00 per year of the Agreement. This amount represents the absolute limit of City's liability to Services Provider hereunder unless same shall be changed by additional Supplemental Agreement, and City shall pay, strictly within the confines of the not -to -exceed sum recited herein, Services Provider's fees for work done on behalf of City. Deductions: No deductions shall be made for Services Provider's compensation on account of penalty, liquidated damages or other sums withheld from payments to Services Provider. 2 Additions: No additions shall be made to Services Provider's compensation based upon any claims, whether paid by City or denied. Supplemental Agreements: The terms of this Agreement may be modified by written Supplemental Agreement hereto, duly authorized by City Council or City Manager action, if City determines that there has been a significant change in (1) the scope, complexity, or character of the services to be performed; or (2) the duration of the work. Any such Supplemental Agreement must be executed by both parties within the period specified as the term of this Agreement. Services Provider shall not perform any work or incur any additional costs prior to the execution, by both parties, of such Supplemental Agreement. Services Provider shall make no claim for extra work done or materials furnished unless and until there is full execution of any Supplemental Agreement, and City shall not be responsible for actions by Services Provider nor for any costs incurred by Services Provider relating to additional work not directly authorized by Supplemental Agreement. 4.01 TERMS OF PAYMENT Invoices: To receive payment, Services Provider shall prepare and submit monthly detailed invoices to City for services rendered. Each invoice for grounds maintenance services shall detail the services performed, along with documentation for each service performed. All payments to Services Provider shall be made on the basis of the invoices submitted by Services Provider and approved by City. Such invoices shall conform to the schedule of services and costs in connection therewith. Should additional backup material be requested by City, Services Provider shall comply promptly. In this regard, should City determine it necessary, Services Provider shall make all records and books relating to this Agreement available to City for inspection and auditing purposes. If City has any dispute with work performed, then City shall notify Services Provider within thirty (30) days after receipt of invoice. In the event of any dispute regarding the work performed, then and in that event Services Provider shall either (a) satisfactorily re -perform the disputed services or (b) provide City with an appropriate credit. Payment of Invoices: City reserves the right to correct any error that may be discovered in any invoice that may have been paid to Services Provider and to adjust same to meet the requirements of this Agreement. Following approval of invoices, City shall endeavor to pay Services Provider promptly, but no later than the time period required under the Texas Prompt Payment Act described in Section 8.01 herein. Under no circumstances shall Services Provider be entitled to receive interest on payments which are late because of a good faith dispute between Services Provider and City or because of amounts which City has a right to withhold under this Agreement or state law. City shall be responsible for any sales, gross receipts or similar taxes applicable to the services, but not for taxes based upon Services Provider's net income. Offsets: City may, at its option, offset any amounts due and payable under this Agreement against any debt (including taxes) lawfully due to City from Services Provider, regardless of whether the amount due arises pursuant to the terms of this Agreement or otherwise and regardless of whether or not the debt due to City has been reduced to judgment by a court. 5.01 LIMITATION TO SCOPE OF WORK Services Provider and City agree that the scope of services to be performed is generally enumerated in the attached exhibits. Notwithstanding anything herein to the contrary, the parties agree that City retains absolute discretion and authority for all funding decisions, such decisions to be based 3 solely on criteria accepted by City which may be influenced by but not be dependent on Services Provider's work. 6.01 INTERLOCAL COOPERATIVE CONTRACTING / PURCHASING Authority for local governments to contract with one another to perform certain governmental functions and services, including but not limited to purchasing functions, is granted under Government Code, Title 7, Chapter 791, Interlocal Cooperation Contracts, Subchapter B and Subchapter C, and Local Government Code, Title 8, Chapter 271, Subchapter F, Section 271.101 and Section 271.102. Other governmental entities within the State of Texas may be extended the opportunity to purchase off of the City of Round Rock's bid, with the consent and agreement of the successful vendor(s) and Round Rock. Such agreement shall be conclusively inferred for the vendor from lack of exception to this clause in the vendor's response. However, all parties hereby expressly agree that the City of Round Rock is not an agent of, partner to, or representative of those outside agencies or entities and that the City of Round Rock is not obligated or liable for any action or debts that may arise out of such independently - negotiated "piggyback" procurements. 7.01 NON -APPROPRIATION AND FISCAL FUNDING This Agreement is a commitment of City's current revenues only. It is understood and agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year if the governing body of City does not appropriate funds sufficient to purchase the services as determined by City's budget for the fiscal year in question. City may effect such termination by giving Services Provider a written notice of termination at the end of its then -current fiscal year. 8.01 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be made by City to Services Provider will be made within thirty (30) days of the date City receives goods under this Agreement, the date the performance of the services under this Agreement are completed, or the date City receives a correct invoice for the goods or services, whichever is later. Services Provider may charge interest on an overdue payment at the "rate in effect" on September 1 of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas Government Code, Section 2251.025(b). This Prompt Payment Policy does not apply to payments made by City in the event: (1) There is a bona fide dispute between City and Services Provider, a contractor, subcontractor, or supplier about the goods delivered or the service performed that cause the payment to be late; or (2) There is a bona fide dispute between Services Provider and a subcontractor or between a subcontractor and its supplier about the goods delivered or the service performed that causes the payment to be late; or (3) The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or (4) The invoice is not mailed to City in strict accordance with any instructions on the purchase order relating to the payment. 9.01 TERMINATION This Agreement may be terminated for any of the following conditions: 4 (1) By City for reasons of its own, with or without cause, and not subject to the mutual consent of any other party, such written termination notice to be given to the other party not less than thirty (30) days prior to termination. (2) By mutual agreement and consent of the parties, such agreement to be in writing. (3) By either party for failure by the other party to perform the services set forth herein in a satisfactory manner, such termination notice to be given in writing to the other party. (4) By either party for failure by the other party to fulfill its obligations herein. (5) By satisfactory completion of all services and obligations described herein. Should City terminate this Agreement as herein provided, no fees other than fees due and payable at the time of termination shall thereafter by paid to Services Provider. City shall pay Services Provider for all uncontested services performed to date of notice of termination. If either party defaults in performance of this Agreement or if City terminates this Agreement for default on the part of the other party, then City shall give consideration to the actual costs incurred by Services Provider in performing the work to the date of default. The termination of this Agreement and payment of an amount in settlement as set forth above shall extinguish all rights, duties, and obligations of City and the terminated party to fulfill contractual obligations. Termination under this section shall not relieve the terminated party of any obligations or liabilities which occurred prior to cancellation. 10.01 INDEPENDENT CONTRACTOR STATUS Services Provider is an independent contractor, and is not City's employee. Services Provider's employees or subcontractors are not City's employees. This Agreement does not create a partnership, employer-employee, or joint venture relationship. No party has authority to enter into contracts as agent for the other party. Services Provider and City agree to the following rights consistent with an independent contractor relationship: (1) Services Provider has the right to perform services for others during the term hereof. (2) Services Provider has the sole right to control and direct the means, manner and method by which services required by this Agreement will be performed. (3) Services Provider has the right to hire assistants as subcontractors, or to use employees to provide the services required by this Agreement. (4) Services Provider or its employees or subcontractors shall perform services required hereunder, and City shall not hire, supervise, or pay assistants to help Services Provider. (5) Neither Services Provider nor its employees or subcontractors shall receive training from City in skills necessary to perform services required by this Agreement. (6) City shall not require Services Provider or its employees or subcontractors to devote full time to performing the services required by this Agreement. 5 (7) Neither Services Provider nor its employees or subcontractors are eligible to participate in any employee pension, health, vacation pay, sick pay, or other fringe benefit plan of City. 11.01 NON -SOLICITATION All parties hereto agree that they shall not directly or indirectly solicit for employment, employ, or otherwise retain staff of the other during the term of this Agreement. 12.01 WARRANTIES Services Provider warrants that all services performed hereunder shall be performed consistent with generally prevailing professional or industry standards, and shall be performed in a professional and workmanlike manner. Services Provider shall re -perform any work not in compliance with this warranty. 13.01 INDEMNIFICATION Services Provider agrees to hold harmless, exempt, and indemnify City, its officers, agents, directors, servants, representatives and employees, from and against any and all suits, actions, legal proceedings, demands, costs, expenses, losses, damages, fines, penalties, liabilities and claims of any character, type, or description, including but not limited to any and all expenses of litigation, court costs, attorneys fees and all other costs and fees incident to any work done as a result hereof. In no event shall either party be liable to the other for special or consequential damages, statutory or otherwise. 14.01 ASSIGNMENT AND DELEGATION The parties each hereby bind themselves, their successors, assigns and legal representatives to each other with respect to the terms of this Agreement. Neither party may assign any rights or delegate any duties under this Agreement without the other party's prior written approval. 15.01 LOCAL, STATE AND FEDERAL TAXES Services Provider shall pay all income taxes, and FICA (Social Security and Medicare taxes) incurred while performing services under this Agreement. City will not do the following: behalf; (1) Withhold FICA from Services Provider's payments or make FICA payments on its (2) Make state and/or federal unemployment compensation contributions on Services Provider's behalf; or (3) Withhold state or federal income tax from any of Services Provider's payments. If requested, City shall provide Services Provider with a certificate from the Texas State Comptroller indicating that City is a non-profit corporation and not subject to State of Texas Sales and Use Tax. 16.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES Services Provider, its consultants, agents, employees and subcontractors shall use best efforts to comply with all applicable federal and state laws, the Charter and Ordinances of the City of Round Rock, 6 as amended, and with all applicable rules and regulations promulgated by local, state and national boards, bureaus and agencies. Services Provider shall further obtain all permits, licenses and the like required in the performance of the services contracted for herein, and same shall belong solely to City at the expiration of the term of this Agreement. 17.01 FINANCIAL INTEREST PROHIBITED Services Provider covenants and represents that Services Provider, its officers, employees, agents, consultants and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be recommended or required under this Agreement. 18.01 GRATUITIES AND BRIBES City may, by written notice to Services Provider, cancel this Agreement without liability if it is determined by City that gratuities and/or bribes in the form of entertainment, gifts, or otherwise were offered or given by Services Provider or its agents or representatives to any City officer, employee or elected representative with respect to the performance of this Agreement. In addition, Services Provider may be subject to penalties stated in Title 8 of the Texas Penal Code. 19.01 RIGHT TO ASSURANCE Whenever either party to this Agreement, in good faith, has reason to question the other party's intent to perform hereunder, then and in that event demand may be made to the other party for written assurance of intent to perform. In the event that no written assurance is given within the reasonable time specified when such demand was made, then and in that event the demanding party may treat such failure as an anticipatory repudiation of this Agreement. 20.01 SERVICES OBTAINED FROM ALTERNATE SOURCES If Services Provider cannot provide the services as specified, City reserves the right and option to obtain the services from another source or sources. 21.01 DEFAULT If Services Provider abandons or defaults under this Agreement and is a cause of City purchasing services elsewhere, then Services Provider agrees that it may be charged the difference in cost, if any, and that it will not be considered in the re -advertisement of the service and that it may not be considered in future advertisements for the same type of work unless the scope of work is significantly changed. Services Provider shall be declared in default under this Agreement if it does any of the following: (1) Fails to make any payment in full when due; (2) Fails to fully, timely and faithfully perform any of its material obligations under this Agreement; (3) herein; or Fails to provide adequate assurance of performance under "Right to Assurance" section 7 (4) Becomes insolvent or seeks relief under or is involuntarily brought under the bankruptcy laws of the United States. 22.01 STANDARD OF CARE Services Provider represents that it is specially trained, experienced and competent to perform all of the services, responsibilities and duties specified herein and that such services, responsibilities and duties shall be performed, whether by Services Provider or designated subconsultants, in a manner according to generally accepted industry practices. 23.01 TAXES City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be included in Services Provider's charges. 24.01 INSURANCE Services Provider shall meet all requirements as stated in the attached IFB 08-025, Specification No. 08-988-75 dated January 2008, and Attachment A "City of Round Rock Insurance Requirements," and its bid response. 25.01 CITY'S REPRESENTATIVE City hereby designates the following representative(s) authorized to act in its behalf with regard to this Agreement: 26.01 Randy Gordon Parks Manager 301 West Bagdad, Suite 250 Round Rock, TX 78664 512-341-3340 rgordon@round-rock.tx.us NOTICES All notices and other communications in connection with this Agreement shall be in writing and shall be considered given (1) when delivered personally to the recipient's address as stated in this Agreement; or (2) three days after being deposited in the United States mail, with postage prepaid to the recipient's address as stated in this Agreement. Notice to Services Provider: The Greener Side Attention: Sam Mendoza 1109 Wonder Drive Round Rock, Texas 78681 Notice to City: David Kautz Assistant City Manager/CFO 221 East Main Street Round Rock, TX 78664 AND TO: Stephan L. Sheets City Attorney 309 East Main Street Round Rock, TX 78664 Nothing herein shall be construed to restrict the transmission of routine communications between representatives of City and Services Provider. 8 27.01 APPLICABLE LAW; ENFORCEMENT AND VENUE This Agreement shall be enforceable in Round Rock, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 28.01 EXCLUSIVE AGREEMENT This document, and all appended documents, constitutes the entire Agreement between Services Provider and City. This Agreement may only be amended or supplemented by mutual agreement of the parties hereto in writing, duly authorized by action of the City Manager or City Council. 29.01 DISPUTE RESOLUTION If a dispute or claim arises under this Agreement, the parties agree to first try to resolve the dispute or claim by appropriate internal means, including referral to each party's senior management. If the parties cannot reach a mutually satisfactory resolution, then and in that event any such dispute or claim will be sought to be resolved with the help of a mutually selected mediator. If the parties cannot agree on a mediator, City and Services Provider shall each select a mediator and the two mediators shall agree upon a third mediator. Any costs and fees, other than attorney fees, associated with the mediation shall be shared equally by the parties. City and Services Provider hereby expressly agree that no claims or disputes between the parties arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9 USC Section 1-14) or any applicable state arbitration statute. 30.01 SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion or provision held to be void. The parties further agree to amend this Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent this entire Agreement from being void should a provision which is of the essence of this Agreement be determined void. 31.01 MISCELLANEOUS PROVISIONS Standard of Care. Services Provider represents that it employs trained, experienced and competent persons to perform all of the services, responsibilities and duties specified herein and that such services, responsibilities and duties shall be performed in a manner according to generally accepted industry practices. Time is of the Essence. Services Provider understands and agrees that time is of the essence and 9 that any failure of Services Provider to fulfill obligations for each portion of this Agreement within the agreed timeframes will constitute a material breach of this Agreement. Services Provider shall be fully responsible for its delays or for failures to use best efforts in accordance with the terms of this Agreement. Where damage is caused to City due to Service Provider's failure to perform in these circumstances, City may pursue any remedy available without waiver of any of City's additional legal rights or remedies. Force Majeure. Neither City nor Service Provider shall be deemed in violation of this Agreement if it is prevented from performing any of its obligations hereunder by reasons for which it is not responsible as defined herein. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. Multiple Counterparts. This Agreement may be executed in multiple counterparts, any one of which shall be considered an original of this document; and all of which, when taken together, shall constitute one and the same instrument. IN WITNESS WHEREOF, City and Services Provider have executed this Agreement on the dates indicated. City of Round Rock, Texas The Greener Side, L.P. By: By: Printed Name: Print lame: k)` 1 4)c., Title: Title: +-.terZi. Date Signed: Date Signed: S/ 4.1t) Attest: f By: Sara L. White, City Secretary For City, Approved as to Form: By: Stephan L. Sheets, City Attorney 10 i INVITATION FOR 81D (IFB CITY OF ROUND ROCK PURCHASING OFFICE 221 EAST MAIN STREET ROUND ROCK, TEXAS 750e4-5299 C.O80416 BIDS ARE DUE TO THE PURCHASING OFFICE AT THE ABOVE ADDRESS BEFORE BID OPEMNG TIME INVOICE TO: City of Round Rock Accounts Payable 221 East Main Street Round Rods, Texas 78664-5299 . BID F.O.B. DESTINATION. FREIGHT PREPAID AND ALLOWED UNLESS OTHERWISE SPECIFIED BELOW DESTINATION: City of Round Rock Various Locations Round Rock, TX 78664 FACSIMILE RESPONSES MAU. NOT BE ACCEPTED SIMMS OPdt.la MI 1 .. muusiot. Lamm ILFT HMO COMM or WALED MO eNeawe.MOW MUM MOUS: OF SWOP FM& BIDDING INFORMATION: GROUNDS MAINTENANCE SERVICE BID NUMBER OPENING DATE BID LOCATION: 08-025 3/11/2008 at 3:00 P.M. 221 E. Main Street, Council Chambers, Round Rock, TX 776664 RETURN SIGNED ORIGINAL AND ONE COPY OF BIO WOOER awl SIGN BELOW Foam* to 'Iry bid will disqualify ba Aulhori .d Signals. Volo F> (hS,Mkt. i'$aa>EC CSC ZI 9Rec i a5 Print Name TM* See 1.7 of Biddrig Instn>cions on page 3 TAX IDNO.:S` t13'CIS-141-i VAR 11A" Irtiunig35 �9 LEGAL BUSINESS NAME Y. Lj3S-V- • CONTACT: 6RY4 > fr-ApC,Zp, ADDRESS: ADDRESS: TELEPHONE NO.: () 2) (oft 8 - CIG' — BUSINESS ENTITY TYPE: Lula 4A p'E• "By the signature hereon affixed, the bidder hereby certifies that neither the bidder nor the entity represented by the bidder, or anyone ailing for such entity has violated the antitrust laws of this State, codified in Section 15.01 et seq., Texas Business and Commerce Code. or the Federal antitrust laws, nor communicated directly or indirectly, the bkf made to any competitor or any other person engaged in such line of business." 5 %TA, • Bidder agrees to comply with all conditions set forth in this IFB. Pre -Bid Meeting will be held to clarify any part of the solicitation and answer questions that may be pertinent to the project. Pre -Bid date: Friday, February 22, 208 Time: 9:00 AM Location: Council Chambers, 221 East Main Street, Round Rock, TX 78664 EXHIBIT WAN INVITATION FOR BID (IFS CITY OF ROUND ROCK PURCHASING OFFICE 221 EAST MAIN STREET ROUND ROCK TEXAS 78664-6299 This is for a five year agreement with two 12 -month renewal options for grounds maintenance services in accordance with Specification No.08-988-75, dated Jan -2008 (16 pgs), Quadrants (2 pgs) Attachment A -Insurance (4 pgs.) NOTE ONE OR MORE AWARDS MAY BE FOR ALL ITEMS LISTED OR IN PART, WHICHEVER IS IN THE BEST INTEREST OF THE CITY. BID SHEET ITEM # CLASS & ITEM 988-75 DESCRIPTION QTY A typical cycle is 30 calendar days for Quadrant D1 thru D4 & P1. 1 UNIT OF MEASURE 1 UNIT PRICE EXTENSION 1 Quadrant - D 1 Cost Per Acre sVI1' x 90.24 acres = 1 cycle 8 cycles 1,,c, ix'8 2�12�6, by 2 3 Quadrant - D 2 Cost Per Acre Quadrant - D 3 Cost Per Acre X 72.79 acres = 1 cycle 55.06 acres =1 cycle 8 8 cycles cycles 1j62it, Z'7 1711111 4L.I 121 `ri,.' b 4 Quadrant -D4 Cost Per Acre $ 3e1-0-- X 86.91 acres = 1 cycle 8 cycles `l(3o1 36 e0, b -g Lie 5 6 7 8 9 10 Quadrant - P 1 Cost Per Acre s 3`1, x 29 acres =1 cycle A typical cycle is 14calendar days for Quadrant ROW 1 thru ROW 5. 8 cydes Quadrant - ROW 1 Cost Per Acre $ 33.°°x Quadrant - ROW 2 48.3 acres = 1 cycle 16 cycles 11Sg3 9rD 26; 921 " 0 Cost Per Acre $ 3 ° X Quadrant - ROW 3 Cost Per Acre $ Ze, s° X Quadrant - ROW 4 Cost Per Acre $ d2. x Quadrant -ROW 5 Cost Per Acre $ Zq� X 46.85 acres = 1 cycle 19.04 acres = 1 cycle 16 16 cycles Cycles Ils116, 0r 5'6/ I.8 8)/$6, $ b 29.72 acres = 1 cycle 54.16 acres =1 cycle 16 16 cycles cycles z 1r21�,. by DELIVERY IN Met,C2 GRAND TOTAL,lgOcaver DAYS 1 BIDDER INSTRUCTIONS ITEMS BELOW APPLY TO AND BECOME A PART OF TERMS AND CONDITIONS OF BID ANY EXCEPTIONS THERETO MUST BE IN WRITING 1. BIDDING REQUIREMENTS: 1.1 Bidding requires pricing per unit shown and extensions. If trade discount is shown on bid, it should be deducted and net line extensions shown. Bidders guarantees product offered will meet or exceed specifications identified in this Irwifation For Bid (IFB). 1.2 Bids should be submitted on this form. Each bid shall be placed in a separate envelope completely and properly identified. See instructions on IFB. Bids must be in the Purchasing Office before the hour and date speclfled on the IFB. 1.3 Late bids properly identified will be retumed to bidder unopened. Late bkls wit not be considered. 1.4 Bid F.O.B. destination, freight. prepaid, & allowed unless otherwise specified on the IFB. If otherwise, show exact cost to deliver. 1.5 Bid unit price on quantity and unit of measure specified extend and show total. In case of errors in extension, unit increase will not be considered, prices shat govern. Bids subject to unfmited price 1.6 Bid prices shall be fine for acceptance 30 days from bid opening date. "Discount from List" bids are not acceptance unless requested. Cash discount will not be considered In determining the low bid. All cash discounts offered will be taken if eamed. 1.7 Bids shall give Tax Identification Number, ful name and address of bidder. Failure to sign wit disqualify bid. Person signing bid shall show tittle and authority to bind signatories firm in a contract. Firm name should appear on each page in the block provided in the upper right comer. Business Entity shall be one (1) of the following. Individual. Partnership, Sole Proprietorship Estate/Trust, Corporation, Govemmental. Non-profit, all others shall be specified. INDIVIDUAL: List name and number as shown on Social Security Card. SOLE PROPRIETORSHIP; List legal name followed by legal business name and Social Security Number. All OTHERS; List legal name of entity and Tax Identification Number (Tin). 1.8 Bid cannot be altered or amended after opening time. Any Alterations made before opening time shall be initialed by bidder or an authorized agent. No bid can be withdrawn after opening time without approval of the CITY based on a written acceptable reason. 1.9 The City is exempt from State Sales Tax and Federal Excise Tax. Do not include tax in bid. 1.10 The City reserves the right to accept or reject alt or any part of bid, waive minor technicalities and award the bid to best serve the interests of the City, Split awards may be made at the sole discretion of the City. 1.11 Consistent and continued tie bids could cause rejection of blds by the City and/or investigation for antlrust violations. 1.12 Telephone bids and facsimile bids are not acceptable in response to the IFB. 1.13 CAUTION: Bid invitation allows sufficient time for receipt of the preferred mai response. The City shal not be responsible for bids received late. illegible, incomplete, or otherwise nonresponsive 2. SPECIFICATION: 2.1 Any catalog, brand name or manufacturer's reference used in IFB is descriptive only (not restrictive), and is used to indicate type and quality desired. Bids on brands of lice nature and quality MN be considered unless advertised under the provisions of Section 252.022 of the Texas Local Govemment Code. If other than brand(s) specified is offered. illustrations and complete descriptions of product offered are requested to be made a part of the bid. If bidder takes no exceptions to specifications or reference data in bid, bidder will be required to fumish brand names, numbers, etc, as specified in the IFB. 2.2 All Items bid shall be new, In first class condftion, including containers suitable for shipment and storage, unless otherwise indicated in IFB. Verbal agreements to the contrary will not be recognized. 2.3 Samples, when requested, must be furnished free of expense to the City. If not destroyed in examination, they will be returned to the bidder on request, at bidder expense. Each example should be marked with bidders' name and address, City bid number and code. Do not enclose in or attach to bid. 2.4 The City will not be bound by any oral statement or representation contrary to the written specifications of this iFB. 2.5 Manufacturers standard warranty shal apply unless otherwise stated in the IFB. 3. TIE BIDS: 1n case of tie bids, the award will be made in accordance with Section 271.901 of the Texas Local Government Code. 4. DELIVERY: 4.1 Bid should show number of days required to place material in City's designated location under normal conditions. Failure to state deliver time obligates bidder to complete delivery in fourteen (14) calendar days. Unrealistically short or long delivery promises may cause bid to be disregarded. Consistent failure to meet delivery promises without vafid reason may cause removal from bid list. (See 4.2 foibwfng.) 42 If delay is all of contractor shall s of order. give nn notice to the City. The City has the right to extend delivery date if reasons appear valid. Contractor must keep the City elsewhere and charge full increase, If any, In cost promised d�ld�ing tto w�ct acceptable reasons) or failure to rtreet specifications, authorizes the City to purchase supplies 4.3 No substitutions or cancellations permitted without written a defaulting contractor. 4.4 Delivery shall lx, made PPS of the City. during normal working hours only, unless prior approval for late delivery has been obtained from the City, unless otherwise specified in the IFB. 5. INSPECTION AND TESTS: All goods will be subject to inspection and test by the City to the extent practicable at all times and places. Authorized City personnel shall have access to any supplier's place of business for the purpose of Inspecting merchandise_ Tests may be performed on samples submltted with the bld or on samples taken from regular shipments. If the products tested fail to meet or exceed all conditions and requirements of the specifications, the cost of the sample used and the cost of the testing shall bbe bore by the supplier. Goods, which have been delivered and rejected in whole or in part, may, at the City's option, be returned to the Vendor or held for sk and expense. Latent defects may result lo revocation of acceptance. disposition at Vendor s 6. AWARD OF CONTRACT: A response to an IFB is an offer to contract with the City based upon the terns, conditions, and specifications -contained in the IFB. Bids do not become contracts unless and until they are accepted by the City through is designates and a purchase order Is Issued. The contract shall be governed, construed, and interpreted under the Charter of the City and the laws of State of Texas. All contracts are subject to the approval of the City Council or Manager. 7. PAYMENT: Vendor shal submit three (3) copies of an invoice showing the purchase order number on al copies. 8. PATENTS AND COPYRIGHTS: The contractor agrees to protect the City from claims involving infringements of patents or copyrights. 9. VENDOR ASSIGNMENTS: Vendor hereby assigns to purchaser any and all dawns for overcharges associated with this contrail, which arise under the antitrust laws of the State of Texas. Tx, Bus. And Comm. Code Ann. Sec. 15.01, et seq. (1967). 10. BIDDER AFFIRMATION: 10.1 Signing this bid with a false statement is a material breach of contract and shall void the submitted bid or any resulting contracts, and the bidder shall be removed from al bld lists. By signature hereon affixed. the bidder hereby certifies that 10.2 The bidder has not given, offered to give, nor intends to give any time hereafter any economic opportunity, future employment, gift, ban, gratuity, special discount, or service to a public servant in connection with the submitted bid. rut tip, favor, 10.3 The bidder is not currently delinquent in the payment of any debt owed the Ciy. 10.4 Neither the bidder nor the firm, corporation, partnership, or any entity represented by the bidder, or anyone acting for such fern, corporation, or entity has violated the antitrust laws of this State codified in Section 15.01 et. Seq. Texas Business and Commercial Code, or the Federal Antitrust Laws, nor communicated directly or indirectly the bid made to any competitor, or any other person engaged in such line of business. 10.5 The bidder has not received compensation for participation In the preparation of the specification for this IFB. 11. NOTE TO BIDDERS: Any teams and conditions attached to bid will not be consldered unless the bidder specifically references them on the front of this bid form. WARNING: Such terms and conditions may result in disqualification of the bid (e.g. bids with the laws of a state other than Texas requirements for prepayment. Limitations on remedies, etc.) The City of Round Rock can only accept blds which contain al the terms and conditions of is formal IFB; In particular, all bidders affirmations and certifications must be Included. Submission of bids on forms other than City cid form may result in disqualification of your bid. 12. INQUIRIES: Inquiries pertaining to bid invitations must give bid number, codes, and opening date. Bidder Instructions Page 3 of 3 Rev.: 04-04-05 SPECIFICATION NO. 08-988-75 DATED: JAN 2008 City of Round Rock BIDDERS QUESTIONNAIRE Any and all firms considering the Grounds Maintenance Contract, must complete and submit the information requested below. This is a part of the bid and bidders who fail to submit this information will be considered non-responsive. CONTRACTOR NAME A.6 1- S. , tS, PHYSICAL ADDRESS OF EQUIPMENT L(Oq \NON i- j s 1 sLk- f -X . TELEPHONE Oz-) - /64,14 FAX (7z) '�'{ $ — 4,10 S EMAIL AA+ti._ VTI. J4T.2A t, (4&i2,.�1.AE-r:C DATE c�%j o 1 O Z'?' j State the number of years your firm has provided landscape maintenance and mowing services (t Years. State the number of employees who will be designated to work on this contract Develop a plan of action for assignment of your crew. List the man-hours needed to perform the contract requirements for each crew member. PL' ii /1S2vv,j YhEth,c3E5R MC bii.. 1 laVt, t RC"[t3 \N[ iC. wl t T.1 LM S WA, IN 41 -rte e_ipyv4tzw pc, vnA‘i•rc t,o'>E 12. ., rTLo 6:W1124-9-• 11 bI, 1tver., eR. NNW.- 1, t St brct w itFils�l �+p4`��,5 t AS i�` lE Ivtftw-rc)4P0.4. 114 091081-• 55106Tt\!'ov'443,44112, A. EQUIPMENT LIST (List all equipment you plan to dedicate to this project(s))- JI' 3/1. fib✓ TialkiL. I1 X q2' 6 ' c s (Z) (I) In y0P Y Flo ams (.�J Attach a separate sheet if necessary. All equipment must be equipped with safe guards as outlined by ANSI and OSHA. 13 of 16 NAME: SC7 TM y�`'..5-r ADDRESS: Y.o. ge,Y 342-0$C CITY: aJ*Ts STATE: -"MP • PHONE: el 2a - 244:2 -017 I FAX: 0Z-) ZL* �t7`i l CONTACT: IE3.11 K LiGt.R1 t DESCRIPTION OF PROJECT: V416 J' ( rtrlsA.t►4i0.tt't'%r- tT PTI 1 _' pi -t% � t ,,,rr}�1Y t17 -P_4 L alo$ c:>j - ark t c>✓R.-r i_t T1Dt'a r4,1-40 tt t rt c-.4rton1 , �c1 �Ytpk) F L' -gEQ. G-u41.14cEg S , 'SEL• St tT �44,4425E, SPECIFICATION NO. 08-988-75 DATED: JAN 2008 B. WORK REFERENCES List at least three commercial or governmental references demonstrating your mowing experience within the past twenty-four months on projects similar to the scope of this contract. NAME: L r'Y1 12F 6EctaGertryy Z'`1 L C> p60-ve-MI ADDRESS:t �c7O F�7 CITY: 1-7E012 ^eTfjtiAt>i STATE: ' . ZIP:'6Z? PHONE: q3p " 36tici FAX: CONTACT: Zi -r1 DESCRIPTION OF PROJECT:k.J/ r t1/4 -TC -1-4 AIVCE o 1,3- 17 PG';Z€) QE A t•r; At t .. , t2F T`'1eArva1.( tv�'E� rr , jvE� L S tk fz-3$ l 42E- A 1p 14 Ii'e1- PrgDfiE,izry .4)-4 t-ONt-c-c`tMr NAME: 14A6 &?1(4304 q at -4 u•/ aniSSttibi ADDRESS: P.O. ZoX t3 %71 CITY: AcPbr Ni STATE: --r-Yr ZIP: i &i li PHONE: 192-.) -3e.Cp FAX j$iZa) Z 51 bl'11 CONTACT:T 31 ` clog, --5 1 DESCRIPTION OF PROJECT: WEE -LAY Alp tnr-Cj raC� € o� I DE�1 15.1-46 t�Tu ►-t- ( tnc PT41 L.� t tZR t C siov Com: jL c r 'S t"E iz:n L 7-lorrt.C3N4 I:u_3 .tc-Ato flI 21k1 Io7 l irvlote..14 -rire.oe 5. Vii2.,za d co4(117,-zF COMMENTS 14 of 16 THE GREENER SIDE Professional Landscape Management Reference List —Commercial Interwerk Property Management Contact — Tracy Scheimenz: 512-914-5761 / 512-343-1335 1. Arbors Condominiums - Steck @ Summerside 2. Arcadia Condominiums — Jollyville Rd off Mesa 3. Cima Oaks Condominiums(irrigation) — Cima Oaks Blvd. 4. Tonkowa Bluffs Condominiums — 38' st @ Dailey 5. Mountain Shadow Condominiums — Steck Avenue 6. La Costa Condominiums — Lakeline Blvd 7. The Spring Condominiums — Robert E. Lee Blvd Southwest Management Contact — Bonnie Carlisle: 512-266-6771 / 512-484-0220 1. The Heights of Loma Visa HOA — End of Davis Lane off Mopac 2. The Meadows @ Buda — S. I35 in Buda 3. The Meadows @ Double Creek — S. Congress & 1 St street Mainstreet Home Builders Contact — Christine Haley: 512-327-9535 All Model Homes Perry Properties Contact — Ryan or Linda Perry: 512-833-9100 1. Westridge Office Complex (Behind La Frontera on Hesters Crossing) 2. 1814 Fleisher (Industrial Building) 3. 3 Points Industrial Complex (off 3 Points in Pflugerville) 4. Industrial Complex, 108 Tradesman Dr. Hutto 5. Various Residential investment Properties Hill Country Wholesale Contact — David Moreau: 512-244-1975 13514 Immanuel (Pflugerville) Skelton Properties Contact- Debbie Eldridge: 512-651-7001 Various duplexes & multi -family residences through out the Austin area City of Georgetown Contact — Marcia Ewers 512-930-3647 or Kathy Louge 930-3649 37 Acre Cemetery — City of Georgetown IOOF Cemetery Texas Work Force Commission Contact — Art Williams 512-463-7606 1. TWC Building 156 Street Austin Texas 2. TWC Annex Trinity Street Austin Texas Texas Building & Procurement Contact — Roger Main 512-563-9352 / roger.main.@tfc.state.tx.us 1. State Credit Union 914 E. Anderson Ln 2. Bull Creek Cemetery 456 street & Bull Creek 3. Texas Commission on Environmental Quality —12100 Park 35 Circle 4. Governor Perry Mansion — 8113 Hickory Creek Blvd. Capital Credit Union Contact — Michelle Salas 512-477-9465 1. Capital Credit Union — Burnet 2. Capital Credit Union — Ben White 3. Capital Credit Union — Cross Creek Dr Texas Department of Transportation — Parmer Office Contact — Jack A. Mchorse w/ Txdot / Austin 1. TXDOT offices & equipment yard —1001 E. Parmer Gunn & Whittington Development Co. Contact — Brad Helm — 512-788-4804 / 329-8800 1. Meadows at Buda HOA The Hampton Inn Contact — Robert Murdock — 512-452-3300 1. Hampton Inn 7619 N. IH 35 Austin Avenue Property Contact— Martin Babb — 512-848-1446 1. Austin Titan Fire 131 W. Austin Ave 2. Hope Pregnancy Clinic - Hutto Heritage Oaks Town home complex Contact — Sandra — 512-401-6517 1. End of Hazlehurst Dr. — Austin Texas 220 Estate Drive Hutto. Tx. 78634 Samuel C. Mendoza Phone 512-759-5191 Fax 512-248-1685 Email Sam.Mendoza©greenersidetx.com Objective To maintain professional customer care at it's up most satisfaction Experience 2006 -present The Greener Side Round Rock, Tx Project Director • Supervise over 25 employees • Expert on landscape design and care • 15 plus years of experience • Reviewed and estimated future work opportunities • Responsible for client property -care and contact • Irrigation inspections and chemical application Education Languages Volunteer 2003-2006 The Brickman Group, LTD. Austin, Tx. Superintendent • Oversaw the maintenance care of properties valued over $1.5 million • Served in the process of hiring maintenance staff • Developed relationships with vendors • Forecasted, planned and scheduled staff, maintained schedules • Trained, developed and supervised over 48 field staff and supervisors 1997-2003 City Of Round Rock Round Rock, Tx. Supervisor(Parks and Recreation Department) • Planned, designed and developed athletic facilities and fields • Extensively trained to care for building grounds care and irrigation • Operated heavy machinery to implement task projects and development • Responsible for forecasting future expenses and budgeting Univeristy Of Northern Colorado, Greeley, Co. 140 credit hours Bachelors of Science, Business Management University of Texas/El Paso, Tx. 40 credit hours Bachelors of Science, Business Administration Bi-lingual(Spanish/English) Habitat For Humanity First Aid Certified/CPR Certified/Power Industrial Vehicles/Sports Turf Manager Ass. ROUND ROCK. TEXAS PURPOSE. PASSION PROSPERITY CITY OF ROUND ROCK, TEXAS INVITATION FOR BID ADDENDUM GROUNDS MAINTENANCE SERVICES IFB No. 08-025 Addendum No. 1 Date of Addendum: February 25, 2008 The following items in the IFB identified above have been changed: The attached "Quadrants — Rights Of Way" has been revised to include Mapsco Grid and replaces current Rights Of Way" quadrant listing. The attached "Quadrants — Drainage/Parks" with attached maps has Been revised to include Mapsco Grid and three park maps (Woods, Somerset & Hidden Glenn) replaces current "Drainage/Parks" quadrant listing. Clarification — Bid -opening date is scheduled for March 11, 2008 at 3:00 p.m. All other terms and conditions of this IFB and specifications remain unchanged. Approved by Cant By the signatures affixed below, Addendum No. 1 is hereby incorporated into and made a part of the above referenced IFB. ACKNOWLEDGED (P� 5 % w LA Vendor S"""LY" Sp it) Ca A orize7:5d Signature Date RETURN ONE COPY OF THIS ADDENDUM TO THE PURCHASING OFFICE, CITY OF ROUND ROCK WITH YOUR SEALED BID. FAILURE TO DO SO MAY CONSTITUTE GROUNDS FOR REJECTION OF YOUR BID. CITY OF ROUND ROCK GROUND MAINTENANCE SERVICES PART 1 GENERAL 1. PURPOSE: The City seeks to establish a multiple year contract with a responsible bidder that has the means and ability to maintain the grounds on the City's right of ways, drainage/retentions and parkland. Vendor shall provide services to include, but not limited to mowing, edging and trimming, raking, removing and disposing of litter as needed and in the specified time period throughout the term of the contract. 2. DEFINITIONS: The following definitions will be used for identified terms throughout the specification and bid document: 2.1. Bidder identified throughout this specification shall describe persons and entities that consider themselves qualified to provide the goods, equipment or services. 2.2. Oy identifies the City of Round Rock, Travis and Williamson County, Texas. 2.3. Agreement is a mutually binding legal document obligating the Vendor to fumish the goods, equipment or services, and obligating the City to pay for it. 2.4. Vendor — (Sometimes referred to as Contractor) A person or business enterprise providing goods, equipment, labor and/or services to the City as fulfillment of obligations arising from a contract or purchase order. SPECIFICATION NO. 08-988-75 DATED: JAN 2008 2.5. Goods represent materials, supplies, commodities and equipment. 2.6. Purchase Order is an order placed by the Purchasing Office for the purchase of Goods or Services written on the City's standard Purchase Order form and which, when accepted by the Bidder, becomes a contract. The Purchase Order is the Bidder's authority to deliver and invoice the City for Goods or Services specified, and the City's commitment to accept the Goods or Services for an agreed upon price. 2.7. Services - work performed to meet a demand. The furnishing of labor, time, or effort by the vendor and their ability to comply with promised delivery dates, specification and technical assistance specified 2.8. Subcontractor -Any person or business enterprise providing goods, labor, and/or services to a Vendor if such goods, equipment, labor, and/or services are procured or used in fulfillment of the Vendor's obligations arising from a contract with the City. 3. GROUNDS MAINTENANCE DEFINITIONS: 3.1. Vegetation shall refer to plant life and/or material 3.2. Quadrant shall refer to geographic area(s) of the City designated to receive specified grounds maintenance services. This area includes medians, rights-of-way drainage/retentions and parks. 3.3. Maintenance Schedule shall mean the time periods established for the service. 3.4. Maintenance Cycle shall refer to each time period In the maintenance schedule for the service year. A beginning and ending date, in which all prescribed maintenance activities for each quadrant shall be completed, define each time period. A typical cycle for: 3.4.1. Medians and Right of Ways is 14 calendar days. 3.4.2. Drainage/retention areas and parklands is 30 calendar days. 3.5. Inspector shall mean the City's authorized designee, who shall monitor the Contractors progress within the Quadrant Area he is assigned. The inspector shall have no duty to inspect, but may inspect at his discretion. 3.6. Inclement Weather shall mean wet or rainy weather when the condition of the soil is such that the rutting of property will not allow cutting of grass to be accomplished satisfactorily. This determination shall be made at the sole discretion of the City Page 1 of 16 SPECIFICATION NO. 08-988-75 DATED: JAN 2008 3.7. Production Rate - Shall refer to the acreage to be maintained per day. The production rate shall be calculated in the following manner. ACREAGE IDENTIFIED TO BE MAINTAINED NUMBER OF DAYS REMAINING IN CYCLE = PRODUCTION RATE For the purpose of this Contract the minimum production rate shall be 10 acres per day. 3.8. Trash and Litter - Shall mean any debris within the Quadrant Area such as paper, cans, bottles, limbs four (4") inches diameter or smaller, trash bags, rocks, etc., which is not intended to be present as part of the landscape. The Quadrant Area includes streets, sidewalks, curbs, catch basins, gutters, hillsides, ditches, etc. Removal of debris shall require sweeping or blowing off of hard surfaces such as sidewalks and concrete noses of medians. 3.9. Litter Removal Cycle - Shall mean the removal of trash and litter from the assigned Quadrant Areas as determined by the City's Inspector. The issuance of a work order for litter removal only does not require mowing, trimming, edging, etc. 3.10. Trimming - Shall refer to the cutting or removal of vegetation immediately adjacent to or under Quadrant Area structures, poles, trees, signs, fences, planting beds, etc. Trimming may be accomplished by manual or chemical means. Also, includes removal of vegetation from expansion joints and any other cracks in curbs, sidewalks (both sides), driveways and any other concrete surface within the median or rights of way. Chemical Trimming shall refer to the use of a herbicide (such as Roundup and/or approved equal containing a pre -emergent such as Oust or an approved equal) as an alternative to the physical removal or cutting of plant material from areas to be trimmed. 3.11. Edging - Shall refer to the vertical removal of any and all plant material , which encroaches over or onto sidewalks (both sides), curbs, steps, driveways, and pavements. Edge cut shall remove vegetation from concrete surfaces. 3.12. Scalping - Shall refer to any action resulting in the mowing of any turf area below a three-inch (3") height down to and including the soil. 3.13. Shrub/Flower Beds - Shall mean any purposefully planted domestic, ornamental plant growth. 3.14. Mulch Areas or Tree Wells - Shall refer to those areas adjacent to trees, shrub beds, and other purposefully planted landscape areas in which all plant growth is removed and a protective covering of organic substances is placed to prevent evaporation of moisture, control weed growth, prevent mechanical damage to landscape and for aesthetic reasons. 3.15. Work Record Summary - Shall mean a written record detailing times and locations of when the contractor and employees were on the job site completing work per contract specifications. 3.16. Median- Shall mean the center island of the listed streets from curb line to curb line plus all traffic triangles, where they exist, on sides of the intersections. This includes curb gutter joints where the curb meets the roadway and concrete paved areas from end of grass to the curb. 3.17. Rights of Way- Shall mean the area extending from the right or left of the center line of the road bed or paved surface to the nearest property line; that includes but is not limited to curbs, sidewalks, walkways, drainage ditches, burrow ditches and any other areas owned, dedicated, used or reserved for public use. 3.18. Detention Pond- storage of storm runoff for a controlled release during or immediately following a storm. Off-site detention - A detention pond located outside the boundary of the area it serves. On-site detention - A detention pond which is located within the specific site or subdivision it serves. On -stream detention - The temporary storage of storm runoff behind embankments or dams located in a channel. Regional detention - Detention facilities provided to control excess runoff based on a watershed- wide hydrologic analysis 3.19. Drainage Channel- A channel built with unvarying cross section and constant bottom slope. 3.20. Parkland: Is property owned by the City that is dedicated for recreational use. 4. CLARIFICATION: For clarification of specification, bidders may contact Page 2 of 16 SPECIFICATION NO. 08-988-75 DATED: JAN 2008 Carolyn Brooks, CPPB Purchasing Division (512) 218-5457 cmb218Qround-rock.tx.us The individual listed above may be contacted by telephone, e-mail, or visited for clarification of the specifications only. No Authority is intended or implied that specifications may be amended or alterations accepted prior to bid opening without written approval of the City through the Purchasing Division. 5. CONFLICT OF INTEREST: Effective January 1, 2006, Chapter 176 of the Texas Local Govemment Code (House Bill 914) requires that any vendor or person considering doing business with a local government entity disclose the vendor or person's affiliation or business relationship that might cause a conflict of interest with a local gbvemment entity. The Conflict of Interest Questionnaire form is available from the Texas Ethics Commission at www.ethics.state.tx.us. Completed Conflict of Interest Questionnaires may be mailed or delivered by hand to the City Secretary. If mailing a completed form, please mail to: City of Round Rock City Secretary 221 East Main Street Round Rock, Texas 78664 5.1. Any attempt to intentionally or unintentionally conceal or obfuscate a conflict of interest may automatically result in the disqualification of the vendor's proposal. PART II GENERAL CLAUSES AND CONDITIONS 1. LABOR: The Vendor shall provide all labor and goods necessary to perform the service. The Vendor shall employee all personnel for work in accordance with the requirements set forth by the United States Department of Labor. 2. EXCEPTIONS: Any variation from this specification must be indicated on the bid or on a separate attachment to the bid. The sheet shall be labeled as such. 3. STANDARDIZATION: The City of Round Rock Is committed to procuring quality goods and equipment. We encourage manufacturers to adopt the International Organization for Standardization (ISO) 9001-9003, latest revision standards, technically equivalent to the American National Standards Institute/American Society for Quality Control (ANSI/ASQC Q91-93 1987), and obtain certification. Adopting and implementing these standards is considered beneficial to the manufacturer, the City, and the environment. It is the City's position that the total quality management concepts contained within these standards can result in reduced production costs, higher quality products, and more efficient use of energy and natural resources. Manufacturers should note that future revisions to this specification might require ISO certification. 4. ENVIRONMENT: It is the intent of the City to purchase goods and equipment having the least adverse environmental impact, within the constraints of statutory purchasing requirements, departmental needs, availability, and sound economical considerations. Suggested changes and environmental enhancements for possible inclusion in future revisions of this specification are encouraged. 5. DAMAGE: The Vendor shall be responsible for damage to the City's equipment and/or property, the workplace and its contents by its work, negligence in work, its personnel and equipment. The Vendor shall be responsible and liable for the safety, injury and health of its wonting personnel while its employees are performing service work. 6. WORKPLACE: The City is committed to maintaining an alcohol and drug free workplace. Possession, use, or being under the influence of alcohol or controlled substances by Vendor, Vendor's employees, subcontractor(s) or subcontractor (s') employees while in the performance of the service is prohibited. Violation of this requirement shall constitute grounds for termination of the service. 7. BEST VALUE EVALUATION: All bids received shall be evaluated based on the best value for the City. Best value will be determined by considering all or part of the criteria listed, as well as any relevant criteria specifically listed in the solicitation. 7.1. Bid price 7.2. Reputation of the bidder and of bidder's goods and services. 7.3. The quality of the bidder's goods or services. 7.4. The extent to which the goods or services meet the City's needs Page 3of16 SPECIFICATION NO. 08-988-75 DATED: JAN 2008 7.5. Bidder's past relationship with the City. All vendors will be evaluated on their past performance and prior dealings with the City to include, but not limited to, failure to meet specifications, poor quality, poor workmanship, late delivery. 7.6. The total long-term cost to the Municipality to acquire the bidder's goods or services. 8. EX PARTE COMMUNICATION: Please note that to insure the proper and fair evaluation of a bid, the City of Round Rock prohibits ex parte communication (e.g., unsolicited) initiated by the Bidder to the City Official or Employee evaluating or considering the bids prior to the time a bid decision has been made. Communication between Bidder and the City will be initiated by the appropriate City Official or Employee in order to obtain information or clarycation needed to develop a proper and accurate evaluation of the bid. Ex parte communication may be grounds for disqualifying the offending Bidder from consideration or award of the bid then in evaluation, or any future bid. 9. PRICE: The contract price bid shall be firm for the duration of the contract or extension periods. No separate line item charges shall be permitted for either bidding or invoice purposes, which shall include equipment rental, demurrage, all cost associated with obtaining permits or any other extraneous charges. 10. PRICE ADJUSTMENT: The City may permit 'unit price' adjustments upward, only as a result of a cost increase in goods or services in accordance with the Producers Price Index located at http://stats.bls.00v/ppp/home.htm. Any price increase shall be requested by the Vendor in writing and accompanied with the appropriate documentation to justify the increase. The vendor may offer price decreases in excess of the allowable percentage change at any time. 11. AGREEMENT: The term of the Agreement resulting from the solicitation may be for five consecutive 12 month periods of time from the effective date and shall remain in full force and effect unless and until it expires by operation of the term stated or until terminated or extended as provided herein. The City reserves the right to: 11.1. Renew the Agreement for two additional periods of time not to exceed twelve months for each renewal provided bother parties agree. 11.2. Review the following at the end of each twelve-month period or renewal: 11.2.1. Vendor performance 11.2.2. Price 11.2.3. Continuing need 11.2.4. Advancements in technologies and or service 11.3. The City may terminate the Agreement with or without cause or may continue through to the next twelve-month review or renewal period. 12. ORDER QUANTITY: The quantities shown on the IFB are estimates only. No guarantee of any minimum or maximum purchase is made or implied. The City will only order the quantity of goods and or services needed to satisfy operating requirements, which may be more or less than indicated. 13. JNTERLOCAL COOPERATIVE CONTRACTIN: Other govemmental entities within the State of Texas may be extended the opportunity to purchase off of the City of Round Rock's solicitation, with the consent and agreement of the successful vendor(s) and the City of Round Rock. Such consent and agreement shall be conclusively inferred from lack of exception to this clause in vendor's response. However, all parties indicate their understanding and all parties hereby expressly agree that the City of Round Rock is not an agent of, partner to, or representative of those outside ageneses or entities and that the City of Round Rock is not obligated or liable for any action or debts that may arise out of such independently negotiated *piggyback' procurements. 14. NON -APPROPRIATION: The resulting Agreement is a commitment of the Citys current revenues only. It is understood and agreed the City shall have the right to terminate the Agreement at the end of any City fiscal year if the governing body of the City does not appropriate funds sufficient to purchase the estimated yearly quantities, as determined by the City's budget for the fiscal year in question. The City may effect such termination by giving Vendor a written notice of termination at the end of its then current fiscal year. 15. CANCELLATION: The City reserves the right to cancel the Agreement without penalty by providing 30 days prior written notice to the other party. Vendor shall provide the City with 120 days written notice prior to cancellation of the Agreement and shall continue services for a period of time not to exceed 120 days after written notification. Termination under this paragraph shall not relieve the Vendor of any obligation or liability that has occurred prior to cancellation. NOTE: This Agreement Is subject to cancellation, without penalty, at any time the City deems the vendor to be non-compliant with contractual obligations. 16. ABANDONMENT OR DEFAULT: A Vendor who abandons or defaults the work on the contract and causes the City to purchase the services elsewhere may be charged the difference in service, if any and shall not be Page 4 of 16 SPECIFICATION NO. 08-988-75 DATED: JAN 2008 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. 17. 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. 18. 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. 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 lie in Williamson County, Texas. 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. Page 5 of 16 SPECIFICATION NO. 08-988-75 DATED: JAN 2008 PART III SPECIFICATIONS 1. SCOPE: This specification describes a service to maintain the grounds on the City's medians, right of ways, drainage/retention areas and parkland. Services shall include all labor and goods needed to mow, edge, trim, remove and dispose of litter in the specified time to maintain and establish a good appearance to City grounds that discourages dumping and undesirable activities. A listing of the quadrant areas to be maintained is attached. 2. STATEMENT OF INTENT: These specifications cover only the general requirements as to the performance, as well as certain details to which the successful bidder shall conform. Bidders shall be responsible for the maintenance of several sites on a schedule and provide service as determined in the notice to proceed per the City's instructions and deliver a service that meets or exceeds all of the requirements herein. 3. PRE-BID MEETING: A pre-bid meeting will be held to clarify any parts of the solicitation and answer questions. Date, time and location of the pre-bid meeting will be stated on the solicitation. 3.1. Any significant changes to the solicitation as a result of the discussions at the pre-bid conference will be posted on the web site at: foundrocktexas.0ov/bids 4. SITE VISITS. Each bidder is encouraged to visit all mowing locations to determine size and site conditions. The act of submitting a bid is to be considered acknowledgement by the bidder that they have visited the site, taken field measurements and are familiar with the conditions and requirements affecting the work. Failure to do so will not relieve the successful bidder of his obligation to furnish all materials and labor necessary to carry out the requirements as set forth in these specifications. 5. BiDDER QUALIFICATIONS: The opening of a bid will not be construed as the City's acceptance of such bidder as qualified and responsible. All bidders shall: 5.1. Have adequate organization, facilities, equipment and personnel to ensure prompt and efficient service to the City. 5.2. Have a minimum of five consecutive years experience in landscape maintenance, which includes manicured grass maintenance, shrub and bed maintenance, planting and maintenance of trees. 5.3. Have successfully completed a landscape maintenance contract of similar size and scope. 5.4. Provide a written operational plan outlining bidders proposed work schedule to ensure compliance of cycle time. Anv response submitted without an operationalplan will not be considered for award. 5.5. Provide completed "Bidders Questionnaire" attached 5.6. Submit with their bid, a list of equipment to be used for this contract. The list of equipment should include year, model, make and number of used hours on all equipment to be used. The City has the right to inspect all equipment dedicated for use on this service prior to award of the bid. During inspection, the bidder shall have all equipment that is dedicated to the service on hand or have original receipt of purchase or lease to show ownership. All equipment the bidder is committing to this service, if awarded, should be included in the listing. Experience has shown that it Is essential to have back-up equipment to allow for breakdowns. 5.7. Provide references to include the name, address, telephone number and point of contract of at least three entities for which the bidder has performed similar service and or utilized the exact technology within the past three years. Any negative responses received may result in disqualification of bid. 5.8. identify any subcontractors to be used for this service. Experience, qualifications and references of the subcontractors shall be submitted. The City reserves the right to approve or disapprove all subcontractors prior to any work being performed. 6. CONFIDENTIALITY OF CONTENT: All bid contents submitted in response to this IFB shall be held confidential until a contract is awarded. Following the contract award, bids are subject to release as public information unless the bid or specific parts of the bid can be shown to be exempt from the Texas Public Information Act. Bidders are advised to consult with their legal counsel regarding disclosure issues and take the appropriate precautions to safeguard trade secrets or any other proprietary information. The City assumes no obligation or responsibility for asserting legal arguments on behalf of potential bidders. 6.1. If a Bidder believes that a bid or parts of a bid are confidential, then the Bidder shall so specify. The Bidder shall stamp in bold red letters the term "CONFIDENTIAL" on that part of the bid, which the 6 of 16 SPECIFICATION NO. 08-988-75 DATED: JAN 2008 Bidder believes to be confidential. Vague and general claims as to confidentiality shall not be accepted. All bids and parts of bids that are not marked as confidential will be automatically considered public information after the contract is awarded. 7. SERVICE REQUIREMENTS: The vendor shall: 7.1. Obtain and provide all supervision, labor, equipment, services, fuel, oil. incidentals, permits, notifications and related items necessary to complete the work as required by this specification. 7.2. Furnish all tools, hard hats, safety vests, rubber boots, gloves, transportation to and from the work area, and all other safety materials or devices necessary to perform the work in a safe and orderly manner. 7.3. Have an on-site supervisor at the site any time work is performed. 7.4. Protect all existing and newly installed work, materials, equipment. improvements, utilities, structures, and vegetation. Any property or incidentals damaged shall be repaired or replaced to the satisfaction of the City and at Contractor expense. 7.5. Work shall be performed on a schedule defined by the City. It is anticipated that the mowing season will begin about April 1st and end by October 30th. 7.6. All work shall be performed in a professional workmanlike manner. 8. CITY RESPONSIBILITY: City will: 8.1. Appoint a City Inspector. 8.2. Monitor and inspect the ground maintenance at designated parcels. 8.3. Coordinate all work with the vendor. 8.4. The City retains the authority to cancel maintenance cydes at any time. The cancellation will be based upon need and prevailing weather conditions. It is assumed that the Vendor will be notified of any cancellation(s) at such time that a Notice to Proceed is issued for any maintenance cycle. 8.5. The City reserves the right to rearrange the mowing cycle and locations within the City at any time. This determination will be made by the City and communicated to the Vendor in writing via e-mail or fax. 9. EQUIPMENT: Prior to commencement of work, all equipment may be examined and approved by a City authorized designee. The City reserves the right to randomly inspect all equipment at any time during the term of the agreement or any extension period. Recommended minimum equipment for each Quadrant is: 2- out -front type mowers 4 as 2- gas powered blowers 1- v poweredstring trimmers vehicle (vaannorr truck) 1- trailer to transport mowers 2- gas -powered edgers 9.1. Insufficient and/or inadequate equipment as determined by the City is cause for rejection of any and all bids. 9.2. All medians shall be mowed with an out -front type mower. No tractors, brush hogs, 580-D or similar type equipment shall be used on City medians. 9.3. All mowers shall be equipped with either safety chains or the manufacturer's safety device to prevent mower thrown objects. 9.4. Chain shall be a minimum of 5/16 inches in size and links spaced side by side around the mower's front, sides, and rear. 9.5. Maximum cutting widths for rigid frame rotary mowers shall be 108 inches. 9.6. All mowers shall be kept in good operating condition and shall be maintained to provide a dean, sharp cut of vegetation at all times. NOTE: The City Inspector will approve hinged or batwing mower cutting widths before use. 10. WORK ORDERS. ASSIGNMENTS AND INSPECTION OF WORK: 10.1. Work added or deleted shall be specified by medians, rights-of-way drainage/retentions and parks. Jointly, representatives of the City and the Vendor shall measure the drainage ditch areas added or deleted to determine the exact acreage. Such measurements shall be documented and signed by both the City and Contractor. 7 of 16 SPECIFICATION NO. 08-988-75 DATED: JAN 2008 10.2. Inspectors Duties: The City may make inspections, re-inspections, monitor Contractor activities, ensure the work performed in the assigned Quadrant is done to the quality level prescribed in this Contract and In accordance with prescribed time schedules; however the City's Inspector has no duty or obligation to make inspections. Upon determination of any violation of the specifications and/or terms of this contract, the Inspector will record, process, and submit all pertinent information to the City's Contract Administrator for appropriate action. 10.3. Notice To Proceed and Payment: Notice To Proceed for each cycle will be issued from the City's authorized designee. See Sample A attached. The Notice To Proceed will: 10.3.1. Be issued before work is to begin in the Quadrant Area and will follow the schedule of maintenance cycles as closely as possible. 10.3.2. Consist of a written list of specified areas of land designated for grounds maintenance. 10.3.3. Be considered complete when all work has been inspected and approved by the Inspector and has been signed by both the Inspector and Contractor indicating that agreement exists as to the information shown on the Notice To Proceed. Such information shall consist of grounds maintenance locations, acreage actually maintained, and the acceptability of the maintenance activities performed. 10.3.4. Be dated, certified, and signed by the Contractor and Inspector. Payment will be authorized upon receipt of Approved Notice To Proceed to the City's authorized designee after each cycle along with an invoice on Contractor's letterhead. It shall be mandatory that all Notice To Proceeds be completed after the end of each cycle, before another Notice To Proceed may be Issued. Failure to obtain Notice To Proceed prior to beginning the next cycle may be considered a breach of contract. 10.4. Work Record Summary: Shall accompany the Notice To Proceed detailing dates, times, and locations of when work was completed per Contract specifications. No Notice To Proceed will be approved without this information attached nor will a new Notice To Proceed be issued until all terms and conditions of the prior Notice To Proceed are satisfied. See Sample B attached. 10.5. Daily Contact: The Contractor should make daily contact with the City's Inspector, at a time mutually agreed upon by the Inspector and the Contractor. This daily contact Is for discussing areas to be maintained, Contractor's work schedule for the day, areas to be inspected for approval, and Notice To Proceeds that need to be signed. Failure to contact the City's Inspector on a daily basis may constitute a breach of Contract. 10.6. Time to Complete Work: Upon issuance of a Notice To Proceed, Contractor shall begin work and proceed with all reasonable dispatch to completion. The Contractor shall be required to maintain all quadrant areas assigned in the time allotted (maintenance cycle) for each Quadrant area. Work started within a quadrant should be completed in consecutive days. Inclement weather may result in the cancellation of a mowing cycle. The inspector will be responsible for cancellation of cycles. 10.7. Maintenance Schedule: All Quadrants shall be maintained according to the maintenance schedule assigned. Failure on the part of the Contractor to maintain the required production rate for a Quadrant Area shall be sufficient reason for the City's Inspector to have the work in question or portions thereof completed by others if the Contractor fails to cure the default within forty-eight (48) hours of written or verbal notice of the default. 10.7.1. Failure to maintain the mowing schedule shall be determined in the following manner. 10.7.1.1. Contractor shall correct any deficiencies in work within 48 hours of written or verbal notification. In the event the Contractor fails to correct the default to the satisfaction of the City within the specified time, or such greater time as the City may permit, the City shall exercise all rights, including the right to terminate the Contract in whole or part. 10.7.1.2.A portion or portions of the work may be removed from Contractor's responsibility and may be reassigned to another contractor. 10.8. Assessment of Damage to Trees During Grounds Maintenance Operations: 8 of 16 11. MOWING: Quadrants shall be mowed, trimmed and edged as specified upon notification of the City's Inspector through the Contract period and any extension period. 11.1. All Trash and litter shall be removed from the entire area prior to initiating any mowing of the turf areas. 11.2. All turf shall be cut at a height of three (3) to four (4) inches. 11.3. Detention/ Retention Ponds and Parkland shall be mowed monthly upon notification of the City's Inspector thorough the contract period. 11.3.1. All mowing equipment shall be of rotary type mowers equipped with sharp blades so as not to tear, but cleanly cut the blades of grass. AU grass shall be cut at a height of 3-4". 11.4. Medians and Right -of -Way shall be mowed, trimmed an edged once every fourteen days. 11.4.1. All mowing shall be complete to the next natural barrier (e.g. street, intersection, dead end, etc.) within 24 hours of start of mowing of said area. 11.4.2. Turf shall be cut in a professional manner as not to scalp turf or leave areas of uncut grass. 11.4.3. Extreme care shall be used when maintaining Right -of -Way. Any damage sustained to a homeowner's property shall be the responsibility of the Contractor. Where there is a fence line, the Contractor shall mow and trim to fence line. 11.4.4. Trash and litter, cut or broken during maintenance operations, shall be completely removed from median and rights of way areas, prior to proceeding with the maintenance of other areas. 11.4.5. Upon completion, a mowed area shall be free of dumped grass and tire tracks or ruts from the mowing equipment. 11.4.6. Equipment shall be operated at a speed to provide the optimal desired cut designated by the City's Inspector. SPECIFICATION NO. 08-988-75 DATED: JAN 2008 10.8.1. The City and Contractor should inspect, upon Contract award, all trees for existing damages prior to conducting any work activity in the assigned Quadrant. Observed tree damage shall be documented by memo to the City's Inspector. 10.8.2. The assigned Inspector may check trees in the Contract area before work begins, and random checks may be carried out during the Contract period at the option of the City. 10.9. Protection of Existing Sites, Structures and Utilities: Where performance of maintenance activities endangers adjacent sites, structures and utilities, the Contractor shall at his own expense carefully protect at such sites, structures and utilities so that there will be no Toss or utilities service damage. In case of damage to existing sites, structures or utilities, the Contractor shall restore the site, structure or utility to its original condition and position without compensation from the City. 11.5. All trash and litter removed shall be disposed of by contractor to an off-site location. 11.6. Care shall be taken to prevent discharge of grass clippings onto paved surfaces such as streets, parking lots, sidewalks, driveways, or onto adjacent properties. Any material so discharged shall be removed immediately prior to proceeding with mowing of other areas. 11.7. If an area is maintained by a homeowner, the Contractor shall not mow that area. Contractor should use care when mowing against fences, property lines, and other obstacles. 12. TRIMMING: All vegetation in cracks, seams and/or joints of paved areas such as sidewalks, curbs, and driveways shall be cut down to the pavement surface during the completion of each mowing cycle. 12.1. The use of herblcldes to control such growth may be permitted, with prior approval of the assigned Inspector; herbicide usage shall comply with the TSPB and/or TDA rules and regulations. 12.2. Alt median and rights of way structures, trees, poles, signs, fences and shrub beds are to be trimmed closely. Special care shall be given to trimming around small trees as not to Inflict damage to the bark of the trees. 12.3. All trimming shall be accomplished maintaining the required 3"-4" cutting height. All trimming shall be accomplished concurrently with mowing operations. Trimming can be reduced by chemical trimming, with prior approval of assigned Inspector. 9 of 16 SPECIFICATION NO. 08-988-75 DATED: JAN 2008 12.4. Band of chemical application shall not exceed six inches (6') from target structure of chemical treatment. Approval of herbicides shall be obtained from the City's Inspector prior to herbicide application. 12.5. All chemical treatments shall be performed under the direction of a commercial applicator license through the Structural Pest Control Board (SPCB) or Texas Department of Agricultural (TDA). 12.6. Chemical edging shall be in accordance with SPCB or TDA rules and regulations. Approval must be obtained from the City Inspector prior to application. 12.7. Chemical edging cannot be visible and all chemical treatments shall be growth regulators, however, herbicides can be used in nose cones and concrete areas only. 12.8. Application shall be in compliance with label directions and the Texas Structural Pest Control Board rules and regulations. Treated weeds that are left after kill by chemical application shall be removed from area. Performance measure: Visible separation of turf from concrete and no vegetation overhanging on to concrete surface and no larger than a 6" band around obstacles. 13. MULCH AREAS OR TREE WELLS: All vegetation shall be removed from areas adjacent to trees, shrub beds, and other purposefully planted landscape areas where there is a protective covering of organic substances in placed to prevent evaporation of moisture, control weed growth, prevent mechanical damage to landscape and for aesthetic reasons. Performance measure: No vegetation growing In tree wells. 14. REMOVAL OF GRASS CLIPPINGS: Removal of cut grass from the turf area where growth occurred will not be required unless grass is clumped. Cut grass and debris which falls or is thrown upon the pavement, streets, sidewalks, driveways, or adjacent properties through the action of the work crew, shall be removed from the area prior to the exit of the work crew from the work site. Performance measure: Zero cut vegetation on streets, curbs, walks, driveways or any other concrete surfaces. 15. EDGING: At sidewalks, curbs, and steps shall be mechanically edged to a one (1") inch depth and 1/4 inch width where they exist exposing the concrete surface. The initial edging shall be completed by the end of first cycle. At edges shall be maintained through duration of contract. Edging and maintenance of edges shall use a vertical cut approach. All material dislodged by edging must be removed from site. Sidewalks shall be edged on both sides. Performance measure: Zero vegetation growing onto sidewalks, curbs, steps, drives or other concrete surfaces. 16. UTTER REMOVAL CYCLE: The City's Inspector may at his or her discretion issue a work order for any maintenance cycle for litter only. This constitutes a litter removal cycle that requires removal of any trash and litter within the assigned Quadrant. Contractor shall be compensated for extra litter removal cycles as specified in bid proposal. Performance measure: Zero visible litter and debris on finished mowing areas. 17. WORK SCHEDULE: In the event that any one Contractor shall receive contracts for maintenance in more than one quadrant , Contractor shall complete all grounds maintenance activities concurrently. 18. WORK CREW: 18.1. Each work crew shall have a designated person on the work site with the authority to respond to inquiries about work details or priorities. 18.2. The Contractor shall assign only qualified, trained, competent and reliable personnel to perform the services. The City shall have the right to request the Immediate removal from its premises of any employee of the Contractor or of the Contractor's subcontractors. 10 of 16 SPECIFICATION NO. 08-988-75 DATED: JAN 2008 19. SAFETY OF WORK CREW: 19.1. Contractor shall wear and/or display proper warning devices (safety vest, flashers, strobe lights, warning signs, etc.) in order to ensure both employee and public safety. Contractor and his employees shall dress and remain dressed in a presentable fashion due to high public visibility of these employees. Should problems occur, Contractor shall be advised of the circumstances and shall take appropriate action. Dressing problems include but are not limited to bare chest (no shirt), shorts while trimming or edging, and absence of proper use of safety devices. 19.2. The Contractor shall be responsible for fumishing all signs and traffic controls in accordance with the Texas Manual on Uniform Traffic Control Devices, and make adjustments as required by Inspector. 19.3. All signs must be mounted on their own stands and be mounted not less than three feet (3 ft.) from the bottom of the sign to the natural ground line. Each sign shall have two brightly colored safety flags attached to it. I1 will not be permissible to hang or lean these signs. The signs shall be erected in such a manner that they will not obstruct the traveling public view of the normal roadway signing. Performance measure: Proper warning devices and clothing due to high visibility of employees that work on roadways. 20. IDENTIFICATION: All Contractor vehicles under the performance of this Contract that are licensed for travel on public roads, shall have the name of the Contractor neatly exhibited on each side of the vehicle. Vehicles shall park in areas that do not create potential hazardous traffic situations. 21. COMMUNICATION: Contractor shall provide communication equipment as necessary to perform the services of this Contract. This may include 2 -way radios, pagers, cellular phones, telephone -answering devices, fax machine etc. The Contractor or his designate shall respond to communication requests from the Citys Inspector or designee, within two (2) hours during the normal working hours of 7:30 a.m. to 5:00 p.m. Performance measure: Two-hour turnaround time for Information between City and Contractor. PART IV ACCEPTANCE AND PAYMENT 1. ACCEPTANCE: Acceptance inspection should not take more than two working days. The vendor will be notified within this time frame if the service delivered is not in full compliance with the specifications 1.1. Failure to maintain the mowing schedule shall be determined in the following manner: 1.1.1. Contractor shall correct any deficiencies in work within 4.8 hours of written or verbal notification. In the event the Contractor fails to con-ect the default to the satisfaction of the City within the specified time, or such greater time as the City may permit, the City shall exercise all rights, including the right to terminate the Contract in whole or part.. 1.1.2. If any contract or purchase order is canceled for non-acceptance, the needed service may be purchased elsewhere and the vendor may be charged full increase, if any, in cost and handling. 2. INVOICING: Vendor shall submit one original and one copy of each invoice on a monthly basis to: City of Round Rock Finance Department 221 East Main Street Round Rock, TX78664-5299 2.1. Invoice shall include, but not be limited to the following: 2.1.1. Purchase order number. 2.1.2. Invoice date. 2.1.3. Itemized charges and grand totals. 2.1.4. Work locations and dates. 2.1.5. Waste manifest or Disposal tickets. 3. PROMPT PAYMENT 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 11of16 SPECIFICATION NO. 08-988-75 DATED: JAN 2008 the City receives a correct invoice for the supplies, materials, equipment or services, whichever is later. The Vendor may charge a late fee (fee shall not be greater than that which is permitted by Texas 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 conceming supplies, material, or equipment delivered or the services performed which caused the payment to be late; or 3.4. The invoice is not mailed to the City in strict accordance with instructions, if any, on the purchase order or agreement or other such contractual agreement. 4. OVERCHARGES: Vendor hereby assigns to purchaser any and all claims for overcharges associated with this agreement which arise under the antitrust laws of the United States, 15 USGA Section 1 of sm., and which arise under the antitrust laws of the State of Texas, Bus. and Com. Code, Section 15.01, et eeg 12 of 16 SPECIFICATION NO. 08-988-75 DATED: JAN 2008 City of Round Rock BIDDERS QUESTIONNAIRE Any and all firms considering the Grounds Maintenance Contract, must complete and submit the information requested below. This is a part of the bid and bidders who fail to submit this information will be considered non-responsive. CONTRACTOR NAME PHYSICAL ADDRESS OF EQUIPMENT TELEPHONE EMAIL FAX DATE State the number of years your firm has provided landscape maintenance and mowing services Years. State the number of employees who will be designated to work on this contract Develop a plan of action for assignment of your crew. List the man-hours needed to perform the contract requirements for each crew member. A. EQUIPMENT LIST (List all equipment you plan to dedicate to this project(s))- 13 of 16 SPECIFICATION NO. 08-988-75 DATED: JAN 2008 Attach OSHA. a separate sheet if necessary. All equipment must be equipped with safe guards as outlined by ANSI and B. WORK REFERENCES Llst at least three commercial or govemmental references demonstrating your mowing experience within the past twenty-four months on projects similar to the scope of this contract. NAME: ADDRESS: CITY: STATE: ZIP: PHONE: FAX: CONTACT: DESCRIPTION OF PROJECT: NAME: ADDRESS: CITY: STATE: ZIP: PHONE: FAX: CONTACT: DESCRIPTION OF PROJECT: NAME: ADDRESS: CITY: PHONE: FAX: CONTACT: STATE: ZIP: DESCRIPTION OF PROJECT: COMMENTS 14 of 16 SPECIFICATION NO. 08-988-75 DATED: JAN 2008 Sample A - "Notice To Proceed" Document City of Round Rock C T `tlocl is;h ::ya; P t!i?Er.. ; �i�?E''•�•ri;�7,�>:�:$i.iii:.i. :;;eiii.lF��, ..,, TO: JOHN Q. CONTRACTOR. LAWN MOWER CONSTRUCTION FROM: CITY INSPECTOR SUBJECT: START OF MOWING CONTRACT. CYCLE XX DATE: APRIL 1. 2008 This Is the official notice to proceed with ground's maintenance of Quadrant ROW 1. Please review the specifications in the contract and begin this cycle. ROW 1 must be completed to contract specifications by Apri114, 2008. Contract specifications will be strictly enforced for the duration of this contract. Remember to dean off curbs and sidewalks. Notify this office of any large piles of debris. Fax daily "Work Record Summary "of completed areas to: Fax number is 512-218-5548. If you have questions please call me at 512-218-5547. Contractor Name Authorized Representative Signature City Inspector Signature Print Name Print Name Date Date Note: Notice to Proceed must be signed and dated and have the appropriate Work Summary reports turned in to City Inspector before another Notice to Proceed is issued. 15 of 16 Sample B — "Work Record Summary" City of Round Rock emir.,-::r•c TO: FAX No. (512) 218.5548 CITY OF ROUND ROCK INSPECTOR SPECIFICATION NO. 08-988-75 DATED: JAN 2008 Phone: (512) 218-5547 FROM: JOHN Q. CONTRACTOR, LAWN MOWER CONSTRUCTION SUBJECT: WORK RECORD SUMMARY. CYCLE XX DATE: APRIL 2 2008 DAILY WORK SUMMARY: 16 of 16 LOCATION DESCRIPTION ACRES QUADRANT TIME COMPLETE DATE University Blvd Oakmont to CR 48 ROW 1 1:46 pm April 2, 2008 16 of 16 ATTACHMENT A CITY OF ROUND ROCK INSURANCE REQUIREMENTS 1. INSURANCE: The Vendor shall procure and maintain at its sole cost and expense for the giuration of the contract or purchase order resulting from a response to this bid/Specification insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work as a result of this bid by the successful bidder. its agents. representatives. volunteers. employees or subcontractors. 1.1. Certificates of Insurance and endorsements shall be furnished to the City and approved by the City before work commences. 1.2. The following standard insurance policies shall be required: 1.2.1. General Liability Policy 1.2.2. Automobile Liability Policy 1.2.3. Worker's Compensation Policy 1.3. The following general requirements are applicable to all policies: 1.3.1. Only insurance companies licensed and admitted to do business in the State of Texas shall be accepted. 1.3.2. Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per occurrence basis for property damage only. 1.3.3. Claims made policies shall not be accepted, except for Professional Liability Insurance. 1.3.4. Upon request, certified copies of all insurance policies shall be 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 certiflcate(s) of insurance will contain and state, in wilting, on the certificate or its attachment, the following provisions: Page 1 of 4 1.5.1. Provide for an additional insurance endorsement clause dedaring the Vendor's insurance as primary. 1.5.2. Name the City and its officers, employees, and elected officals as additional insureds. (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 indude such obligations within applicable policies. 1.5.8. All copies of the Certificate of Insurance shall reference the project name, bid number or purchase order number for which the insurance is being supplied. 1.5.9. Vendor shall notify the City in the event of any change in coverage and shall give such notices not less than thirty days prior notice to the change, which notice shall be accomplished by a replacement Certificate of Insurance. 1.5.10. All notices shall be mailed to the City at the following addresses: Assistant City Manager City Attorney City of Round Rock City of Round Rock 221 East Main 309 East Main Round Rock, TX 78664-5299 Round Rock, TX 78664 2. WORKERS COMPENSATION INSURANCE 2.1. Texas Labor Code, Section 406.098 requires workers' compensation insurance coverage for all persons providing services on building or construction projects for a govemmental entity. 2.1.1. Certificate of coverage ("certificate') - A copy of a certificate of insurance, a certificate of authority to self-insure issued by the Texas Workers' Compensation Commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. 2.1.2. Duration of the project - includes the time from the beginning of the work on the project until the CONTRACTOR'S /person's work on the project has been completed and accepted by the OWNER. 2.2. Persons providing services on the project ("subcontractor") in Section 406.096 - includes all persons or entities performing all or part of the services the CONTRACTOR has undertaken to perform on the project, regardless of whether that person contracted directly with the CONTRACTOR and regardless of whether that person has employees. This indudes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity, which fumishes'persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not Page 2 of 4 include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2.3. The CONTRACTOR shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the CONTRACTOR providing services on the project, for the duration of the project. 2.4. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being awarded the contract. 2.5. If the coverage period shown on the CONTRACTORS 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 cover -age has been extended. 2.6. The CONTRACTOR shall obtain from each person providing services on a project, and provide to the OWNER: 2.6.1. a certificate of coverage, prior to that person beginning work on the project, so the OWNER will have on file certificates of coverage showing coverage for all persons providing services on the project and 2.6.2. no later than seven calendar days after receipt by the CONTRACTOR, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 2.7. The CONTRACTOR shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 2.8. The CONTRACTOR shall notify the OWNER in writing by certified mail or personal delivery, within 10 calendar days after the CONTRACTOR knew or should have known, or any change that materially affects the provision of coverage of any person providing services on the project. 2.9. The CONTRACTOR shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 2.10. The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a project, to: 2.10.1. provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all its employees providing services on the project, for the duration of the project; 2.10.2. provide to the CONTRACTOR, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on a project, for the duration of the project; 2.10.3. provide the CONTRACTOR, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 2.10.3.1. obtain from each other person with whom It contracts, and provide to the CONTRACTOR: 2.10.3.1.1. 2.10.3.1.2. a certificate of coverage, prior to the other person beginning work on the project; and a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project Page 3 of 4 DATE: June 19, 2008 SUBJECT: City Council Meeting — June 26, 2008 ITEM: 10F3. Consider a resolution authorizing the Mayor to execute an agreement for Purchase of Grounds Maintenance Services with Greener Side, L.P. Department: Staff Person: Justification: To approve contract Parks & Recreation Randy Gordon Funding: Cost: $7,888 Source of funds: General Fund Background Information: The Greener Side L.P. submitted a bid for providing grounds maintenance services on 29 acreas of parkland for Round Rock, Pard for the amount of $7,888.00. Public Comment: N/A Executed Document Follows CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF GROUNDS MAINTENANCE SERVICES WITH THE GREENER SIDE, L.P. THE STATE OF TEXAS CITY OF ROUND ROCK COUNTY OF WILLIAMSON COUNTY OF TRAVIS § § § § § § KNOW ALL BY THESE PRESENTS: THIS AGREEMENT is for grounds maintenance services on certain of the City's rights-of-way, drainage/retention/detention areas, and parkland (referred to herein as the "Agreement"), and is made by and between the CITY OF ROUND ROCK, a Texas home -rule municipality, whose offices are located at 221 East Main Street, Round Rock, Texas 78664-5299 (referred to herein as the "City"), and THE GREENER SIDE, L.P., whose offices are located at 1109 Wonder Drive, Round Rock, Texas 78681 (referred to herein as the "Services Provider"). RECITALS: WHEREAS, City has determined that there is a need for the delineated services; and WHEREAS, City desires to contract for such services; and WHEREAS, the parties desire to enter into this Agreement to set forth in writing their respective rights, duties and obligations hereunder; NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, it is mutually agreed between the parties as follows: 1.01 EFFECTIVE DATE, TERM, ALLOWABLE RENEWALS, PRICES FIRM This Agreement shall be effective on the date this Agreement has been signed by each party hereto, and shall remain in full force and effect unless and until it expires by operation of the term indicated herein, or is terminated or extended as provided herein. The term of this Agreement shall be for five (5) consecutive twelve-month periods from the effective date hereof. After that term, this Agreement may be renewed for two (2) successive twelve- month periods, under the same terms and conditions, only upon the express written agreement of both parties, and only provided the Services Provider has performed each and every contractual obligation specified in this Agreement. Prices shall be firm for the duration of this Agreement and for any renewal periods. No separate line item charges shall be permitted for invoicing purposes, including but not limited to equipment rental, demurrage, costs associated with obtaining permits, or any other extraneous charges. City may permit "unit price" adjustments upwards only as a result of a cost increase in goods or services in accordance with the Producers Price Index located at http://stats.bls.gov/ppi/home.htm. Any price increase shall be requested by Vendor in writing and accompanied by the appropriate documentation to justify the requested increase. Vendor may offer price decreases in excess of the allowable percentage change. 138369/jkg t2 -o€ --rte.- 21e7 -tor --3 City reserves the right to review the services at any time, and may elect to terminate with or without cause or may elect to continue with the services. 2.01 CONTRACT AMOUNT; AND SCOPE OF WORK Contract Amount. In consideration for the grounds maintenance services to be performed by Services Provider, City agrees to pay Services Provider the following amounts per year of this Agreement: For Quadrant P-1 Cost per acre $34.00 x 29 acres for 1 cycle (30 calendar days) x 8 cycles TOTAL: $7,888.00 $7,888.00 Scope of Work: For purposes of this Agreement, City has issued documents delineating the required services (specifically IFB 08-025, Specification No. 08-988-75 dated January 2008, Attachment A "City of Round Rock Insurance Requirements," "Grounds Maintenance Services Quadrants - Drainage Parks" revised February 22, 2008, "Grounds Maintenance Services Quadrants - Rights of Way" revised February 22, 2008, and "Invitation for Bid Addendum No. 1" dated February 25, 2008). Services Provider has issued its response agreeing to provide all such required services in all specified particulars. All such referenced documents are included in Exhibit "A" attached hereto and made a part hereof for all purposes. When taken together with the appended exhibits, this Agreement shall evidence the entire understanding and agreement between the parties and shall supersede any prior proposals, correspondence or discussions. Services Provider shall satisfactorily provide all services described under the attached exhibits within the contract term specified in Section 1.01. Services Provider's undertakings shall be limited to performing services for City and/or advising City concerning those matters on which Services Provider has been specifically engaged. Services Provider shall perform its services in accordance with this Agreement, in accordance with the appended exhibits, in accordance with due care, and in accordance with prevailing industry standards for comparable services. 3.01 PAYMENT FOR SERVICES; SUPPLEMENTAL AGREEMENTS Payment for Services: In consideration for the grounds maintenance services to be performed by Services Provider, City agrees to pay as delineated in Section 2.01. Payment for Reimbursable Expenses: There shall be no payment for reimbursable expenses in this Agreement. Not -to -Exceed Total: Unless subsequently changed by additional Supplemental Agreement to this Agreement, duly authorized by appropriate City Council or City Manager action, Services Provider's total compensation under this Agreement shall not exceed $7,888.00 per year of the Agreement. This amount represents the absolute limit of City's liability to Services Provider hereunder unless same shall be changed by additional Supplemental Agreement, and City shall pay, strictly within the confines of the not -to -exceed sum recited herein, Services Provider's fees for work done on behalf of City. Deductions: No deductions shall be made for Services Provider's compensation on account of penalty, liquidated damages or other sums withheld from payments to Services Provider. 2 Additions: No additions shall be made to Services Provider's compensation based upon any claims, whether paid by City or denied. Supplemental Agreements: The terms of this Agreement may be modified by written Supplemental Agreement hereto, duly authorized by City Council or City Manager action, if City determines that there has been a significant change in (1) the scope, complexity, or character of the services to be performed; or (2) the duration of the work. Any such Supplemental Agreement must be executed by both parties within the period specified as the term of this Agreement. Services Provider shall not perform any work or incur any additional costs prior to the execution, by both parties, of such Supplemental Agreement. Services Provider shall make no claim for extra work done or materials furnished unless and until there is full execution of any Supplemental Agreement, and City shall not be responsible for actions by Services Provider nor for any costs incurred by Services Provider relating to additional work not directly authorized by Supplemental Agreement. 4.01 TERMS OF PAYMENT Invoices: To receive payment, Services Provider shall prepare and submit monthly detailed invoices to City for services rendered. Each invoice for grounds maintenance services shall detail the services performed, along with documentation for each service performed. All payments to Services Provider shall be made on the basis of the invoices submitted by Services Provider and approved by City. Such invoices shall conform to the schedule of services and costs in connection therewith. Should additional backup material be requested by City, Services Provider shall comply promptly. In this regard, should City determine it necessary, Services Provider shall make all records and books relating to this Agreement available to City for inspection and auditing purposes. If City has any dispute with work performed, then City shall notify Services Provider within thirty (30) days after receipt of invoice. In the event of any dispute regarding the work performed, then and in that event Services Provider shall either (a) satisfactorily re -perform the disputed services or (b) provide City with an appropriate credit. Payment of Invoices: City reserves the right to correct any error that may be discovered in any invoice that may have been paid to Services Provider and to adjust same to meet the requirements of this Agreement. Following approval of invoices, City shall endeavor to pay Services Provider promptly, but no later than the time period required under the Texas Prompt Payment Act described in Section 8.01 herein. Under no circumstances shall Services Provider be entitled to receive interest on payments which are late because of a good faith dispute between Services Provider and City or because of amounts which City has a right to withhold under this Agreement or state law. City shall be responsible for any sales, gross receipts or similar taxes applicable to the services, but not for taxes based upon Services Provider's net income. Offsets: City may, at its option, offset any amounts due and payable under this Agreement against any debt (including taxes) lawfully due to City from Services Provider, regardless of whether the amount due arises pursuant to the terms of this Agreement or otherwise and regardless of whether or not the debt due to City has been reduced to judgment by a court. 5.01 LIMITATION TO SCOPE OF WORK Services Provider and City agree that the scope of services to be performed is generally enumerated in the attached exhibits. Notwithstanding anything herein to the contrary, the parties agree that City retains absolute discretion and authority for all funding decisions, such decisions to be based 3 solely on criteria accepted by City which may be influenced by but not be dependent on Services Provider's work. 6.01 INTERLOCAL COOPERATIVE CONTRACTING / PURCHASING Authority for local governments to contract with one another to perform certain governmental functions and services, including but not limited to purchasing functions, is granted under Government Code, Title 7, Chapter 791, Interlocal Cooperation Contracts, Subchapter B and Subchapter C, and Local Government Code, Title 8, Chapter 271, Subchapter F, Section 271.101 and Section 271.102. Other governmental entities within the State of Texas may be extended the opportunity to purchase off of the City of Round Rock's bid, with the consent and agreement of the successful vendor(s) and Round Rock. Such agreement shall be conclusively inferred for the vendor from lack of exception to this clause in the vendor's response. However, all parties hereby expressly agree that the City of Round Rock is not an agent of, partner to, or representative of those outside agencies or entities and that the City of Round Rock is not obligated or liable for any action or debts that may arise out of such independently - negotiated "piggyback" procurements. 7.01 NON -APPROPRIATION AND FISCAL FUNDING This Agreement is a commitment of City's current revenues only. It is understood and agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year if the governing body of City does not appropriate funds sufficient to purchase the services as determined by City's budget for the fiscal year in question. City may effect such termination by giving Services Provider a written notice of termination at the end of its then -current fiscal year. 8.01 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be made by City to Services Provider will be made within thirty (30) days of the date City receives goods under this Agreement, the date the performance of the services under this Agreement are completed, or the date City receives a correct invoice for the goods or services, whichever is later. Services Provider may charge interest on an overdue payment at the "rate in effect" on September 1 of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas Government Code, Section 2251.025(b). This Prompt Payment Policy does not apply to payments made by City in the event: (1) There is a bona fide dispute between City and Services Provider, a contractor, subcontractor, or supplier about the goods delivered or the service performed that cause the payment to be late; or (2) There is a bona fide dispute between Services Provider and a subcontractor or between a subcontractor and its supplier about the goods delivered or the service performed that causes the payment to be late; or (3) The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or (4) The invoice is not mailed to City in strict accordance with any instructions on the purchase order relating to the payment. 9.01 TERMINATION This Agreement may be terminated for any of the following conditions: 4 (1) By City for reasons of its own, with or without cause, and not subject to the mutual consent of any other party, such written termination notice to be given to the other party not less than thirty (30) days prior to termination. (2) By mutual agreement and consent of the parties, such agreement to be in writing. (3) By either party for failure by the other party to perform the services set forth herein in a satisfactory manner, such termination notice to be given in writing to the other party. (4) By either party for failure by the other party to fulfill its obligations herein. (5) By satisfactory completion of all services and obligations described herein. Should City terminate this Agreement as herein provided, no fees other than fees due and payable at the time of termination shall thereafter by paid to Services Provider. City shall pay Services Provider for all uncontested services performed to date of notice of termination. If either party defaults in performance of this Agreement or if City terminates this Agreement for default on the part of the other party, then City shall give consideration to the actual costs incurred by Services Provider in performing the work to the date of default. The termination of this Agreement and payment of an amount in settlement as set forth above shall extinguish all rights, duties, and obligations of City and the terminated party to fulfill contractual obligations. Termination under this section shall not relieve the terminated party of any obligations or liabilities which occurred prior to cancellation. 10.01 INDEPENDENT CONTRACTOR STATUS Services Provider is an independent contractor, and is not City's employee. Services Provider's employees or subcontractors are not City's employees. This Agreement does not create a partnership, employer-employee, or joint venture relationship. No party has authority to enter into contracts as agent for the other party. Services Provider and City agree to the following rights consistent with an independent contractor relationship: (1) Services Provider has the right to perform services for others during the term hereof. (2) Services Provider has the sole right to control and direct the means, manner and method by which services required by this Agreement will be performed. (3) Services Provider has the right to hire assistants as subcontractors, or to use employees to provide the services required by this Agreement. (4) Services Provider or its employees or subcontractors shall perform services required hereunder, and City shall not hire, supervise, or pay assistants to help Services Provider. (5) Neither Services Provider nor its employees or subcontractors shall receive training from City in skills necessary to perform services required by this Agreement. (6) City shall not require Services Provider or its employees or subcontractors to devote full time to performing the services required by this Agreement. 5 (7) Neither Services Provider nor its employees or subcontractors are eligible to participate in any employee pension, health, vacation pay, sick pay, or other fringe benefit plan of City. 11.01 NON -SOLICITATION All parties hereto agree that they shall not directly or indirectly solicit for employment, employ, or otherwise retain staff of the other during the term of this Agreement. 12.01 WARRANTIES Services Provider warrants that all services performed hereunder shall be performed consistent with generally prevailing professional or industry standards, and shall be performed in a professional and workmanlike manner. Services Provider shall re -perform any work not in compliance with this warranty. 13.01 INDEMNIFICATION Services Provider agrees to hold harmless, exempt, and indemnify City, its officers, agents, directors, servants, representatives and employees, from and against any and all suits, actions, legal proceedings, demands, costs, expenses, losses, damages, fines, penalties, liabilities and claims of any character, type, or description, including but not limited to any and all expenses of litigation, court costs, attorneys fees and all other costs and fees incident to any work done as a result hereof. In no event shall either party be liable to the other for special or consequential damages, statutory or otherwise. 14.01 ASSIGNMENT AND DELEGATION The parties each hereby bind themselves, their successors, assigns and legal representatives to each other with respect to the terms of this Agreement. Neither party may assign any rights or delegate any duties under this Agreement without the other party's prior written approval. 15.01 LOCAL, STATE AND FEDERAL TAXES Services Provider shall pay all income taxes, and FICA (Social Security and Medicare taxes) incurred while performing services under this Agreement. City will not do the following: (1) Withhold FICA from Services Provider' s payments or make FICA payments on its behalf; (2) Make state and/or federal unemployment compensation contributions on Services Provider's behalf; or (3) Withhold state or federal income tax from any of Services Provider's payments. If requested, City shall provide Services Provider with a certificate from the Texas State Comptroller indicating that City is a non-profit corporation and not subject to State of Texas Sales and Use Tax. 16.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES Services Provider, its consultants, agents, employees and subcontractors shall use best efforts to comply with all applicable federal and state laws, the Charter and Ordinances of the City of Round Rock, 6 as amended, and with all applicable rules and regulations promulgated by local, state and national boards, bureaus and agencies. Services Provider shall further obtain all permits, licenses and the like required in the performance of the services contracted for herein, and same shall belong solely to City at the expiration of the term of this Agreement. 17.01 FINANCIAL INTEREST PROHIBITED Services Provider covenants and represents that Services Provider, its officers, employees, agents, consultants and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be recommended or required under this Agreement. 18.01 GRATUITIES AND BRIBES City may, by written notice to Services Provider, cancel this Agreement without liability if it is determined by City that gratuities and/or bribes in the form of entertainment, gifts, or otherwise were offered or given by Services Provider or its agents or representatives to any City officer, employee or elected representative with respect to the performance of this Agreement. In addition, Services Provider may be subject to penalties stated in Title 8 of the Texas Penal Code. 19.01 RIGHT TO ASSURANCE Whenever either party to this Agreement, in good faith, has reason to question the other party's intent to perform hereunder, then and in that event demand may be made to the other party for written assurance of intent to perform. In the event that no written assurance is given within the reasonable time specified when such demand was made, then and in that event the demanding party may treat such failure as an anticipatory repudiation of this Agreement. 20.01 SERVICES OBTAINED FROM ALTERNATE SOURCES If Services Provider cannot provide the services as specified, City reserves the right and option to obtain the services from another source or sources. 21.01 DEFAULT If Services Provider abandons or defaults under this Agreement and is a cause of City purchasing services elsewhere, then Services Provider agrees that it may be charged the difference in cost, if any, and that it will not be considered in the re -advertisement of the service and that it may not be considered in future advertisements for the same type of work unless the scope of work is significantly changed. Services Provider shall be declared in default under this Agreement if it does any of the following: (1) Fails to make any payment in full when due; (2) Fails to fully, timely and faithfully perform any of its material obligations under this Agreement; (3) Fails to provide adequate assurance of performance under "Right to Assurance" section herein; or 7 (4) Becomes insolvent or seeks relief under or is involuntarily brought under the bankruptcy laws of the United States. 22.01 STANDARD OF CARE Services Provider represents that it is specially trained, experienced and competent to perform all of the services, responsibilities and duties specified herein and that such services, responsibilities and duties shall be performed, whether by Services Provider or designated subconsultants, in a manner according to generally accepted industry practices. 23.01 TAXES City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be included in Services Provider's charges. 24.01 INSURANCE Services Provider shall meet all requirements as stated in the attached IFB 08-025, Specification No. 08-988-75 dated January 2008, and Attachment A "City of Round Rock Insurance Requirements," and its bid response. 25.01 CITY'S REPRESENTATIVE City hereby designates the following representative(s) authorized to act in its behalf with regard to this Agreement: Randy Gordon Parks Manager 301 West Bagdad, Suite 250 Round Rock, TX 78664 512-341-3340 rgordon@round-rock.tx.us 26.01 NOTICES All notices and other communications in connection with this Agreement shall be in writing and shall be considered given (1) when delivered personally to the recipient's address as stated in this Agreement; or (2) three days after being deposited in the United States mail, with postage prepaid to the recipient's address as stated in this Agreement. Notice to Services Provider: The Greener Side Attention: Sam Mendoza 1109 Wonder Drive Round Rock, Texas 78681 Notice to City: David Kautz Assistant City Manager/CFO 221 East Main Street Round Rock, TX 78664 AND TO: Stephan L. Sheets City Attorney 309 East Main Street Round Rock, TX 78664 Nothing herein shall be construed to restrict the transmission of routine communications between representatives of City and Services Provider. 8 27.01 APPLICABLE LAW; ENFORCEMENT AND VENUE This Agreement shall be enforceable in Round Rock, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 28.01 EXCLUSIVE AGREEMENT This document, and all appended documents, constitutes the entire Agreement between Services Provider and City. This Agreement may only be amended or supplemented by mutual agreement of the parties hereto in writing, duly authorized by action of the City Manager or City Council. 29.01 DISPUTE RESOLUTION If a dispute or claim arises under this Agreement, the parties agree to first try to resolve the dispute or claim by appropriate internal means, including referral to each party's senior management. If the parties cannot reach a mutually satisfactory resolution, then and in that event any such dispute or claim will be sought to be resolved with the help of a mutually selected mediator. If the parties cannot agree on a mediator, City and Services Provider shall each select a mediator and the two mediators shall agree upon a third mediator. Any costs and fees, other than attorney fees, associated with the mediation shall be shared equally by the parties. City and Services Provider hereby expressly agree that no claims or disputes between the parties arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9 USC Section 1-14) or any applicable state arbitration statute. 30.01 SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion or provision held to be void. The parties further agree to amend this Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent this entire Agreement from being void should a provision which is of the essence of this Agreement be determined void. 31.01 MISCELLANEOUS PROVISIONS Standard of Care. Services Provider represents that it employs trained, experienced and competent persons to perform all of the services, responsibilities and duties specified herein and that such services, responsibilities and duties shall be performed in a manner according to generally accepted industry practices. Time is of the Essence. Services Provider understands and agrees that time is of the essence and 9 that any failure of Services Provider to fulfill obligations for each portion of this Agreement within the agreed timeframes will constitute a material breach of this Agreement. Services Provider shall be fully responsible for its delays or for failures to use best efforts in accordance with the terms of this Agreement. Where damage is caused to City due to Service Provider's failure to perform in these circumstances, City may pursue any remedy available without waiver of any of City's additional legal rights or remedies. Force Majeure. Neither City nor Service Provider shall be deemed in violation of this Agreement if it is prevented from performing any of its obligations hereunder by reasons for which it is not responsible as defined herein. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. Multiple Counterparts. This Agreement may be executed in multiple counterparts, any one of which shall be considered an original of this document; and all of which, when taken together, shall constitute one and the same instrument. IN WITNESS WHEREOF, City and Services Provider have executed this Agreement on the dates indicated. City of Round Rock, Texas By: Printed Title: Date Signed: Attest: By: MIIIVAWOK lI .'1 Sara L. White, City Secretary For City, By: Step orm: L. Sheets, City Attorney 10 The Greener Side, L.P. By: Print ame: Vrlen,4r Title: �f"-‘./Efj:, Date Signed: 37/ (-rep INVITATION FOR BID (IFB CITY OF ROUND ROCK PURCHASING OFFICE 221 EAST MAIN STREET ROUND ROCK, TEXAS 73664-5299 CO80 16'2 BIDS ARE DUE TO NE PURCHASING OFFICE AT THE ABOVE ADDRESS BEFORE BIO OPENING TIME INVOICE TO: City of Round Rode Accounts Payable 221 East Main Street Round Rock, Texas 78664-5299 BID F.O.B. DESTINATION. FREIGHT PREPAID AND ALLOWED UNLESS OTHERWISE SPECIFIED BELOW DESTINATION: City of Round Rode Various Locations Round Rock, TX 78664 FACSIMILE RESPONSES SHALL an BEACCS.Tai SHOW 2110 .Pesci MME. .1. lAUII.EO 11 L0001 i LEFT 11000 C0101011OPaduEO.o 0010L010. & SIM PflIJ101 ADM=0P 0100010 MK BIDDING INFORMATION: GROUNDS MAINTENANCE SERVICE BID NUMBER OPENING DATE: WO LOCATION: 08-025 3111/2008 at 3:00 P.M. 221 E. Main Strs.l, Council Chambers, Round Rock, IX 771864 RETURN SIGNED ORIGINAL AND ONE COPY OF BRI BIDDER SHALL WON @BLOW Elms No sign bid w11 disqualify bld of 0 Aulhaird sipn.v. DNP PNM Name TB, See 1.7 of Bid/Yong InstrucTpons on page 3 TAX ID NO.: S '20°13 ' 1 I'' I jE") Ai -JR in 1 t43 (� 1 LEGAL BUSINESS NAME ` %E. CjQ EN£V. ADDRESS: %tog W©u ADDRESS: Frrx=1`! Q 1er'il , rI Ebe' t CONTACT: 69VY4 t'N),4bo ,A TELEPHONE NO.: CZ) ( 8 - cc -Q,2 BUSINEss ENTITY TYPE: !Akio 5ejk (ye. "By the signature hereon affixed, the bidder hereby certifies that neither the bidder nor the entity represented by the bidder, or anyone acting for such entity has violated the antitrust laws of this State, codified in Section 15.01 et seq., Texas Business and Commerce Code. or the Federal antitrust laws, nor communicated directly or Indirectly, the bld made to any competitor or any other person engaged in such line of business." Bidder agrees to comply with all conditions set forth in this IFB. 64,10k Pre -Bid Meeting will be held to clarify any part of the solicitation and answer questions that may be pertinent to the project. Pre-BId date: Friday, February 22, 208 Time: 9:00 AM Location: Council Chambers, 221 East Main Street, Round Rock, TX 78664 INVITATION FOR BID (IFS CITY OF ROUND ROCK PURCHASING OFFICE 221 EAST MAIN STREET ROUND ROCK, TEXAS 75684-5299 This is for a five year agreement with two 12 -month renewal options for grounds maintenance services in accordance with Specification No.08-988-75, dated Jan -2008 (16 pgs), Quadrants (2 pgs) Attachment A -Insurance (4 pgs.) NOTE: ONE OR MORE AWARDS MAY BE FOR ALL ITEMS LISTED OR IN PART, WHICHEVER IS IN THE BEST INTEREST OF THE CITY. BID SHEET. '.. ITEM # CLASS & ITEM DESCRIPTION 988-75 QTY A typical cycle is 30 calendar days for Quadrant 01 thru D4 & P1. 1 UNIT OF MEASURE 1 UNIT PRICE EXTENSION 1 2 3 Quadrant - D 1 Cost Per Acre Quadrant -D2 Cost Per Acre 90.24 acres = 1 cycle $ 2I.'° X 72.79 acres = 1 cycle Quadrant - D 3 , �f Cost Per Acre $ 2115 X 55.06 acres =1 cycle 8 8 8 cyGes cycles cycles 4 5 6 7 8 9 10 Quadrant - 0 4 Cost Per Acre Quadrant - P 1 Cost Per Acre 86.91 acres =1 cycle $ 3y, e13 X 29 acres =1 cycle A typical cycle is 14calendar days for Quadrant ROW 1 thru ROW 5. 8 8 cycles cycles 6,62,E46 (,zit, Z7 RIO 4 -I 12(I /z/ . ) 6 Zo1 �S8 � d Quadrant - ROW 1 Cost Per Acre $ 33. ° �X Quadrant - ROW 2 48.3 acres =1 cycle 16 cycles 4s73.91) 2c55z,YD 0 Cost Per Acre $, a X 46.85 acres = 1 cycle Quadrant - ROW 3 Cost Per Acre $ 29.s.° X 19.04 acres = 1 cycle Quadrant - ROW 4 Cost Per Acre $ 32. X 29.72 acres = 1 cycle Quadrant -ROW 5 50 Cost Per Acre $ 2ay 1 r X 54.16 acres =1 cycle 16 16 cycles cycles 5'6! 1' 8 24,736. X3,4$6, 8 16 cycles X51. 1sz1�. 6y 16 cycles 43-17, 9z" GRAND TOTAL DELIVERY IN ,S; DAYS BIDDER INSTRUCTIONS ITEMS BELOW APPLY TO AND BECOME A PART OF TERMS AND CONDITIONS OF BID ANY EXCEPTIONS THERETO MUST BE IN WRITING 1. BIDDING REQUIREMENTS: 1.1 Bidding requires pricing per unit shown and extensions. If trade discount is shown on bid, it should be deducted and net line extensions shown. Bidders guarantees product offered will meet or exceed specifications identified le this Irwitabon For Bid (IFB). 1.2 Bids should be submitted on this form. Each bid shall be placed in a separate envelope completely and properly identified. See Instructions on IFB. Bids must be m the Purchasing Office before the hour and date specified on the IFB. 1.3 Late bids popery identified will be returned to bidder unopened. Late bids wit not be considered. 1.4 Bid F.O.B. destination, freight. prepaid, & alowed unless otherwise specified on the IFB. If otherwise, show exact cost to deliver. 1.5 Bld unit price on quantity and unit of measure specified, extend and show total. In case of errors In extension, unit prices shag govem. Bids subject to untmitod price increase will not be considered. 1.6 Bid prices shal be firm for acceptance 30 days from bid opening date. "Discount from List" bids are not acceptance unless requested. Cash discount will not be considered in determining the Iow bid. All cash discounts offered will be taken if eamed. 1.7 Bids shall give Tax Identification Number, ful name and address of bidder. Failure to sign wit disqualify bid. Person signing bid shall show tittle and authority to bind signatories firm in a contract Firm name should appear on each page in the block provided in the upper right comer. Business Entity shall be one (1) of the following; shoved Individual, Social Partnership, Sole Proprietorship, Estate/Trust, Corporation, Governmental. Nonprofit all others shall be specified. INDIVIDUAL: List name and number as Security Card. SOLE PROPRIETORSHIP; List legal name followed by legal business name and Social Security Number. AiL OTHERS; List legal name of entity and Tax Identification Number (Tin). 1.8 Bid cannot be aitered or amended after opening time. Any Alterations made before opening time shall be initialed by bidder or an authorized agent. No bid can be wlhdrawn atter opening time wkhout approval of the CITY based on a written acceptable reason. 1.9 The City is exempt from State Sales Tax and Federal Excise Tax. Do not include tax in bid. 1.10 The City reserves the right to accept or reject all or any part of bid, waive minor technicalkies and award the bid to best serve the interests of the City, Split awards may be made at the sole discretion of the City. 1.11 Consistent and continued tie bids could cause rejection of bids by the City and/or investigation for antitrust violations. 1.12 Telephone bids and facsimile bids are not acceptable in response to the IFB. 1.13 CAUTION: Bid invitation allows sufficient time for receipt of the preferred mai response. The City shall not be responsible for bids received late, illegible, incomplete, or otherwise non-responsive 2. SPECIFICATION: 2.1 Any catalog, brand name or manufacturers reference used in IFB is descriptive only (not resbictive), and is used to indicate type and quality desired. Bids on brands of Ike nature and quality wig be considered unless advertised under the provisions of Section 252.022 of the Texas Local Government Code. If other than brand(s) specified is offered. Illustrations and complete descriptions of product offered are requested to be made a part of the bid. If bidder takes no exceptions to specifications or reference data in bid, bidder will be required to furnish brand names, numbers, etc. as specified Is the IFB. 2.2 All items bid shall be new, h first class condition, including containers suitable for shipment and storage, unless otherwise indicated in IFB. Verbal agreements to the contrary will not be recognized. 2.3 Samples, when requested, must be furnished free of expense to the City. If not destroyed in examination, they wit be returned to the bidder, on request, at bidder expense. Each example should be marked with bidders' name and address, City bid number and code. Do not enclose in or attach to bid. 2.4 The City will not be bound by any oral statement or representation contrary to the written specifications of this IFB. 2.5 Manufacturers standard warranty shall apply unless otherwise stated in the IFB. 3. TIE BIDS: In case of tie bids, the award will be made In accordance with Section 271.901 of the Texas Local Govemrnent Code. 4. DELIVERY: 4.1 Bid should show number of days required to place material in City's designated location under normal conditions. Failure to state deliver time obligates bidder to complete delivery In fourteen (14) calendar days. Unrealistically short or king delivery promises may cause bid to be disregarded. Consistent fallure to meet delivery promises without veld reason may cause removal from bid list. (See 4.2 following.) 4.2 if delay is foreseen, contractor shall give written notice to the Cly. The Cry has the right to extend delivery date if reasons appear valid. Contractor must keep the City advised at all times of status of order. Default h pomised delvery (without acceptable reasons) or failure to meet specifications, authorizes the City to purchase supplies elsewhere and charge fur increase, if any, in cost and handling to defaulting contractor. 4.3 No substitutions or cancellations permitted without written approval of the City. 4.4 Delivery strap be made during normal working hours only, unless prior approval for late delivery has been obtained from the City, unless otherwise specified in the IFB. 5. INSPECTION AND TESTS: All goods wig be subject to inspection and test by the City to the extent practicable at all times and places. Authorized City personnel shall have access to any suppliers place of business for the purpose of Inspecting merchandise. Tests may be performed on samples submitted with the bki or on samples taken from regular shipments. If the products tested fail to meet or exceed all conditions and requirements of the specifications, the cost of the sample used and the cost of the testing shall be borne by the supplier. Goods, which have been delivered and rejected in whole or in part, may, at the City's option, be returned to the Vendor or held for risk and expense. Latent defects may result n revocation of acceptance. disposition at Vendor's 6. AWARD OF CONTRACT: A response to an IFB is an offer to contract with the City based upon the terms, conditions, and specifications contained in the IFB. Bids do not. become contracts unless and until they are accepted by the City through is designates and a purchase order Is Issued. The contract shall be governed, construed, and interpreted under the Charter of the City and the laws of State of Texas. All contracts are subject to the approval of the City Council or Manager. T. PAYMENT: Vendor shall submit three (3) copies of an invoice showing the purchase order number on all copies. 8. PATENTS AND COPYRIGHTS: The contractor agrees to protect the City from claims nvoiving infringements of patents or copyrights. 9. VENDOR ASSIGNMENTS: Vendor hereby assigns to purchaser any and all claims for overcharges associated with this contras, which arise under the antitrust laws of the State of Texas. Tx, Bus. And Comm. Code Ann. Sec. 15.01, et seq. (1967). 10. BIDDER AFFIRMATION: 10.1 Signing this bid with a false statement is a material breach of contract and shall void the submitted bid or any resulting contracts, and the bidder shall be removed from all bid lists. By signature hereon affixed, the bidder hereby certifies that 10.2 The bidder has not given, offered to give, nor intends to give any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, tip, favor, or service to a public servant h connection with the submllted bid. 10.3 The bidder is not currently delinquent in the payment of any debt owed the Cly. 10.4 Neither the bidder nor the firm, corporation, partnership, or any entity represented by the bidder, or anyone acting for such firm, corporation, or entity has violated the antftrust laws of this Slate codified in Section 15.01 et. Seq. Texas Business and Commercial Code, or the Federal Antitrust Laws, nor communicated directly or indirectly the bid made to any competitor, or any other person engaged in such line of business. 10.5 The bidder has not received compensation for participation In the preparation of the specification for this IFB. 11. NOTE TO BiDDERS: Any terms and conditions attached to bid will not be considered unless the bidder specifically references them on the front of this bid form. WARNING: Such terms and conditions may result in disqualification of the bid (e.g. bids with the laws of a state other than Texas requirements for prepayment Limitations on remedies, etc.) The City of Round Rock can only accept bids which contain al the terms and conditions of its formal IFB; in particular, all bidders affirmations and certifications must be included. Submission of bids on forms other than City bid form may result in disqualification of your bid. 12. INQUIRIES: Inquiries pertaining to bid invitations must give bid number, codes, and opening date. Bidder Instructions Page 3 of 3 Rev.: 04-04-05 SPECIFICATION NO. 08-988-75 DATED: JAN 2008 City of Round Rock BIDDERS QUESTIONNAIRE Any and all firms considering the Grounds Maintenance Contract, must complete and submit the information requested below. This is a part of the bid and bidders who fail to submit this information will be considered non-responsive. CONTRACTOR NAME .6 InE ENR. ��p� 1-1) PHYSICAL ADDRESS OF EQUIPMENT L(Oq VALON R., . >-m 1w. t, 'X . r18‘8 t TELEPHONE 3jZ) 2YS - 1601 FAX (§-Iz) f- $ - tt`.,S EMAIL5tn,_Yr'1 l zpQ�.��Eirs .c7IAt-rx.a.bIDATE .3%1oIoZ'?j State the number of years your firm has provided landscape maintenance and mowing services 11 Years. State the number of employees who will be designated to work on this contract Develop a plan of action for assignment of your crew. List the man-hours needed to perform the contract requirements for each crew member. EsoaR ex2EAN owit C(W,u_ a .. o c t 3 -tt:, \t. ,1., i trro w,t• u,..51M, cit—i'�5�,s = Ams -Th Kt-ToCr, 44th, )v Al t.rrt'mgN -t -r tF►a..A-EN` z Atop -tv.-t✓ 04-49 .. A. EQUIPMENT UST (List all equipment you plan to dedicate to this project(s))- Y 3/1, lik>0 t 'r--XC3L., (--1) zNaQE0 9-3:31 .`r.t,c L' X 11211 r►.�o►6 rn0a4s (2) 1o` t1 Et 'vioNil s L2-) At. 48" J h44 , 'NO -reaiCZ� o ,.t(? s s L ) Y Flo tt 2.5 (s) fit- 11,4612. tiF -1,bQ .(S) L) sk1 -4r CP04 -VewttnWb (z') 10.4 4. i��s (2) Attach a separate sheet if necessary. All equipment must be equipped with safe guards as outlined by ANSI and OSHA. 13 of 16 SPECIFICATION NO. 08-988-75 DATED: JAN 2008 B. WORK REFERENCES List at least three commercial or governmental references demonstrating your mowing experience within the past twenty-four months on projects similar to the scope of this contract. NAME: L rt./ DF 6eceGerovy N z et.;F f: ,G rw T- 1 ADDRESS: tGEO F LE3rAt7 CITY: L7Eiotabentmkut4 STATE: T).. ZIP: 'x b2_? PHONE: q3O - 361CT FAX: CONTACT: )n{y J &� DESCRIPTION OF PROJECT: l Ij'( n-1„t,,c ,-3 ,q.Ne• off' T-'1 q =2E� et' A'r: t-vkri-mt,: `�t3jZ v 7+'lnP►svaf.C�Er. 7f�- 1 jc5 NAME: TEAS Q�11.Atw ( at -40 i 3�� f rtik7^f i 4�t•��,i35 tah� ADDRESS: P. ©. genc 12 0%71 CITY: Odg(' STATE: -11t. ZIP: i ,e'iti PHONE: 192) 1bZ-3 FAX:I$iZ) Z3k,! 'T9 CONTACT: -512431 YINAl 6 DESCRIPTION OF PROJECT: ?FELLY trot- tt rr , ,CE OV VizzorizrYf %pEa1 �te.. 11144 ( LI' 1 9-421 bA- 10i j CSS jL cit.zrS 1 *FE iz r L 2,o►fi t)A4 c1.1.343 41150,0 elk La AA{)Q0rto i(14 i St .qL_ A.roT,,tzFw, NAME: Vd.�Tvi 11.4,65.1_ 1vla,4 (-�E•,,,Eyr. ADDRESS: Y.B. gizi 3yZ-$S' CITY: aJSTt STATE: -T%+ ` ZIP: '1V134 PHONE: 6-7 -Zig -017 t FAX: 07-) Ztk) torn CONTACT: 341 N Lta ut t 3 DESCRIPTION OF PROJECT: V'V661C-N nriPt1►4irF' `74-1�1 Puq L.ini-scr � ►.rr '-r tt L7A310a 4 o�i-S rEt2 a...12.00n�� C4.4 b t t) 4pf►ic.A--lb4 fO 3th 1c , ¢. Cx4L -"MEG x 614T4iisCaa�, COMMENTS 14 of 16 THE GREENER SIDE Professional Landscape Management Reference List —Commercial Interwerk Property Management Contact — Tracy Scheimenz: 512-914-5761 / 512-343-1335 1. Arbors Condominiums - Steck @ Summerside 2. Arcadia Condominiums — Jollyville Rd off Mesa 3. Cima Oaks Condominiums(irrigation) — Cima Oaks Blvd. 4. Tonkowa Bluffs Condominiums — 38' st @ Dailey 5. Mountain Shadow Condominiums — Steck Avenue 6. La Costa Condominiums — Lakeline Blvd 7. The Spring Condominiums — Robert E. Lee Blvd Southwest Management Contact -- Bonnie Carlisle: 512-266-6771 / 512-484-0220 1. The Heights of Loma Visa HOA — End of Davis Lane off Mopac 2. The Meadows @ Buda — S. I35 in Buda 3. The Meadows @ Double Creek — S. Congress & 1$` street Mainstreet Home Builders Contact — Christine Haley: 512-327-9535 All Model Homes Perry Properties Contact — Ryan or Linda Perry: 512-833-9100 1. Westridge Office Complex (Behind La Frontera on Hesters Crossing) 2. 1814 Fleisher (Industrial Building) 3. 3 Points Industrial Complex (off 3 Points in Pflugerville) 4. Industrial Complex, 108 Tradesman Dr. Hutto 5. Various Residential investment Properties Hill Country Wholesale Contact — David Moreau: 512-244-1975 13514 Immanuel (Pflugerville) Skelton Properties Contact- Debbie Eldridge: 512-651-7001 Various duplexes & multi -family residences through out the Austin area City of Georgetown Contact — Marcia Ewers 512-930-3647 or Kathy Louge 930-3649 37 Acre Cemetery — City of Georgetown IOOF Cemetery Texas Work Force Commission Contact — Art Williams 512-463-7606 1. TWC Building 156 Street Austin Texas 2. TWC Annex Trinity Street Austin Texas Texas Building & Procurement Contact — Roger Main 512-563-9352 / roger.main.@tfc.state.tx.us 1. State Credit Union 914 E. Anderson Ln 2. Bull Creek Cemetery 45th street & Bull Creek 3. Texas Commission on Environmental Quality —12100 Park 35 Circle 4. Governor Perry Mansion — 8113 Hickory Creek Blvd. Capital Credit Union Contact — Michelle Salas 512-477-9465 1. Capital Credit Union — Burnet 2. Capital Credit Union — Ben White 3. Capital Credit Union — Cross Creek Dr Texas Department of Transportation — Parmer Office Contact — Jack A. Mchorse w/ Txdot / Austin 1. TXDOT offices & equipment yard —1001 E. Parmer Gunn & Whittington Development Co. Contact — Brad Helm — 512-788-4804 / 329-8800 1. Meadows at Buda HOA The Hampton Inn Contact — Robert Murdock — 512-452-3300 1. Hampton Inn 7619 N. IH 35 Austin Avenue Property Contact — Martin Babb — 512-848-1446 1. Austin Titan Fire 131 W. Austin Ave 2. Hope Pregnancy Clinic - Hutto Heritage Oaks Town home complex Contact — Sandra — 512-401-6517 1. End of Hazlehurst Dr. — Austin Texas 220 Estate Drive Hutto, Tx. 78634 Samuel C. Mendoza Phone 512-759-5191 Fax 512-248-1665 Email Sam.AAendoza©greenersidetx.com Objective To maintain professional customer care at it's up most satisfaction Experience 2006 -present The Greener Side Round Rock, Tx Project Director • Supervise over 25 employees • Expert on landscape design and care • 15 plus years of experience • Reviewed and estimated future work opportunities • Responsible for client property -care and contact • Irrigation inspections and chemical application 2003-2006 The Brickman Group, LTD. Austin, Tx. Superintendent • Oversaw the maintenance care of properties valued over $1.5 million • Served in the process of hiring maintenance staff • Developed relationships with vendors • Forecasted, planned and scheduled staff, maintained schedules • Trained, developed and supervised over 48 field staff and supervisors 1997-2003 City Of Round Rock Round Rock, Tx. Supervisor(Parks and Recreation Department) • Planned, designed and developed athletic facilities and fields • Extensively trained to care for building grounds care and irrigation • Operated heavy machinery to implement task projects and development • Responsible for forecasting future expenses and budgeting Education Languages Volunteer Univeristy Of Northern Colorado, Greeley, Co. 140 credit hours Bachelors of Science, Business Management University of Texas/EI Paso, Tx. 40 credit hours Bachelors of Science, Business Administration Bi-li ngu al(Spanish/Eng li sh) Habitat For Humanity First Aid Certified/CPR Certified/Power Industrial Vehicles/Sports Turf Manager Ass. ROUND ROCK. TEXAS PURPOSE. PASSION. PROSPERITY CITY OF ROUND ROCK, TEXAS INVITATION FOR BID ADDENDUM GROUNDS MAINTENANCE SERVICES IFB No. 08-025 Addendum No. 1 Date of Addendum: February 25, 2008 The following items in the IFB identified above have been changed: The attached "Quadrants — Rights Of Way" has been revised to include Mapsco Grid and replaces current "Rights Of Way" quadrant listing. The attached "Quadrants — Drainage/Parks" with attached maps has been revised to include Mapsco Grid and three park maps (Woods, Somerset & Hidden Glenn) replaces current "Drainage/Parks" quadrant listing. Clarification — Bid -opening date is scheduled for March 11, 2008 at 3:00 p.m. All other terms and conditions of this IFB and specifications remain unchanged. Approved byecixobrr---01A-i By the signatures affixed below, Addendum No. 1 is hereby incorporated into and made a part of the above referenced IFB. ACKNOWLEDGED Ug SitZ LP r4 -4 ---fie, S f 1 it) $ Vendor Au orized Signature Date RETURN ONE COPY OF THIS ADDENDUM TO THE PURCHASING OFFICE, CITY OF ROUND ROCK WITH YOUR SEALED BID. FAILURE TO DO SO MAY CONSTITUTE GROUNDS FOR REJECTION OF YOUR BID. SPECIFICATION NO. 08-988-75 DATED: JAN 2008 CITY OF ROUND ROCK GROUND MAINTENANCE SERVICES FART 1 GENERAL 1. PURPOSE: The City seeks to establish a multiple year contract with a responsible bidder that has the means and ability to maintain the grounds on the City's right of ways, drainage/retentions and parkland. Vendor shall provide services to include, but not limited to mowing, edging and trimming, raking, removing and disposing of litter as needed and in the specified time period throughout the term of the contract. 2. DEFINITIONS: The following definitions will be used for identified terms throughout the specification and bid document: 2.1. Bidder identified throughout this specification shall describe persons and entities that consider themselves qualified to provide the goods, equipment or services. 2.2. gly identifies the City of Round Rock, Travis and Williamson County, Texas. 2.3. Agreement is a mutually binding legal document obligating the Vendor to fumish the goods, equipment or services, and obligating the City to pay for it. 2.4. Vendor — (Sometimes referred to as Contractor) A person or business enterprise providing goods, equipment, labor and/or services to the City as fulfillment of obligations arising from a contract or purchase order. 2.5. Goods represent materials, supplies, commodities and equipment. 2.6. Purchase Order is an order placed by the Purchasing Office for the purchase of Goods or Services written on the City's standard Purchase Order form and which, when accepted by the Bidder, becomes a contract. The Purchase Order is the Bidder's authority to deliver and invoice the City for Goods or Services specified, and the City's commitment to accept the Goods or Services for an agreed upon price. 2.7. Services - work performed to meet a demand. The furnishing of labor, time, or effort by the vendor and their ability to comply with promised delivery dates, specification and technical assistance specified 2.8. Subcontractor -Any person or business enterprise providing goods, labor, and/or services to a Vendor if such goods, equipment, labor, and/or services are procured or used in fulfillment of the Vendor's obligations arising from a contract with the City. 3. GROUNDS MAINTENANCE DEFINITIONS: 3.1. Vegetation shall refer to plant life and/or material 3.2. Quadrant: shall refer to geographic area(s) of the City designated to receive specified grounds maintenance services. This area includes medians, rights-of-way drainage/retentions and parks. 3.3. Maintenance Schedule shall mean the time periods established for the service. 3.4. Maintenance Cycle shall refer to each time period in the maintenance schedule for the service year. A beginning and ending date, in which all prescribed maintenance activities for each quadrant shall be completed, define each time period. A typical cycle for: 3.4.1. Medians and Right of Ways is 14 calendar days. 3.4.2. Drainage/retention areas and parklands is 30 calendar days. 3.5. Inspector shall mean the City's authorized designee, who shall monitor the Contractor's progress within the Quadrant Area he is assigned. The inspector shall have no duty to inspect, but may inspect at his discretion. 3.6. Inclement Weather shall mean wet or rainy weather when the condition of the soil is such that the rutting of property will not allow cutting of grass to be accomplished satisfactorily. This determination shall be made at the sole discretion of the City Page 1 of 16 SPECIFICATION NO. 08-988-75 DATED: JAN 2008 3.7. Production Rate - Shall refer to the acreage to be maintained per day. The production rate shall be calculated in the following manner. ACREAGE IDENTIFIED TO BE MAINTAINED NUMBER OF DAYS REMAINING IN CYCLE = PRODUCTION RATE For the purpose of this Contract the minimum production rate shall be 10 acres per day. 3.8. Trash and Litter - Shall mean any debris within the Quadrant Area such as paper, cans, bottles, limbs four (4") inches diameter or smaller, trash bags, rocks, etc., which is not intended to be present as part of the landscape. The Quadrant Area includes streets, sidewalks, curbs, catch basins, gutters, hillsides, ditches, etc. Removal of debris shall require sweeping or blowing off of hard surfaces such as sidewalks and concrete noses of medians. 3.9. Litter Removal Cycle - Shall mean the removal of trash and litter from the assigned Quadrant Areas as determined by the City's Inspector. The issuance of a work order for litter removal only does not require mowing, trimming, edging, etc. 3.10. Trimming - Shall refer to the cutting or removal of vegetation immediately adjacent to or under Quadrant Area structures, poles, trees, signs, fences, planting beds, etc. Trimming may be accomplished by manual or chemical means. Also, includes removal of vegetation from expansion joints and any other cracks in curbs, sidewalks (both sides), driveways and any other concrete surface within the median or rights of way. Chemical Trimming shall refer to the use of a herbicide (such as Roundup and/or approved equal containing a pre -emergent such as Oust or an approved equal) as an alternative to the physical removal or cutting of plant material from areas to be trimmed. 3.11. Edging - Shall refer to the vertical removal of any and all plant material , which encroaches over or onto sidewalks (both sides), curbs, steps, driveways, and pavements. Edge cut shall remove vegetation from concrete surfaces. 3.12. Scalping - Shall refer to any action resulting in the mowing of any turf area below a three-inch (3") height down to and including the soil. 3.13. Shrub/Flower Beds - Shall mean any purposefully planted domestic, ornamental plant growth. 3.14. Mulch Areas or Tree Wells - Shall refer to those areas adjacent to trees, shrub beds, and other purposefully planted landscape areas in which all plant growth is removed and a protective covering of organic substances is placed to prevent evaporation of moisture, control weed growth, prevent mechanical damage to landscape and for aesthetic reasons. 3.15. Work Record Summary - Shall mean a written record detailing times and locations of when the contractor and employees were on the job site completing work per contract specifications. 3.16. Median- Shall mean the center island of the listed streets from curb line to curb line plus all traffic triangles, where they exist, on sides of the intersections. This includes curb gutter joints where the curb meets the roadway and concrete paved areas from end of grass to the curb. 3.17. Rights of Way- Shall mean the area extending from the right or left of the center line of the road bed or paved surface to the nearest property line; that includes but is not limited to curbs, sidewalks, walkways, drainage ditches, burrow ditches and any other areas owned, dedicated, used or reserved for public use. 3.18. Detention Pond- storage of storm runoff for a controlled release during or immediately following a storm. Off-site detention - A detention pond located outside the boundary of the area it serves. On-site detention - A detention pond which is located within the specific site or subdivision it serves. On -stream detention - The temporary storage of storm runoff behind embankments or dams located in a channel. Regional detention - Detention facilities provided to control excess runoff based on a watershed- wide hydrologic analysis 3.19. Drainage Channel- A channel built with unvarying cross section and constant bottom slope. 3.20. Parkland: Is property owned by the City that is dedicated for recreational use. 4. CLARIFICATION: For clarification of specification, bidders may contact Page 2 of 16 SPECIFICATION NO. 08-988-75 DATED: JAN 2008 Carolyn Brooks, CPPB Purchasing Division (512) 218-5457 cmb218@yound-rock.tx.us The individual listed above may be contacted by telephone, e-mail, or visited for clarification of the specifications only. No Authority is intended or implied that specifications may be amended or alterations accepted prior to bid opening without written approval of the City through the Purchasing Division. 5. CONFLICT OF INTEREST: Effective January 1, 2006, Chapter 176 of the Texas Local Govemment Code (House Bill 914) requires that any vendor or person considering doing business with a local government entity disclose the vendor or person's affiliation or business relationship that might cause a conflict of interest with a local government entity. The Conflict of Interest Questionnaire foram is available from the Texas Ethics Commission at www.ethics.state.tx.us. Completed Conflict of Interest Questionnaires may be mailed or delivered by hand to the City Secretary. If mailing a completed form, please mail to: City of Round Rock City Secretary 221 East Main Street Round Rock, Texas 78664 5.1. Any attempt to Intentionally or unintentionally conceal or obfuscate a conflict of interest may automatically result in the disqualification of the vendor's proposal. PART II GENERAL CLAUSES AND CONDITIONS 1. LABOR: The Vendor shall provide all labor and goods necessary to perform the service. The Vendor shall employee all personnel for work in accordance with the requirements set forth by the United States Department of Labor. 2. EXCEPTIONS: Any variation from this specification must be indicated on the bid or on a separate attachment to the bid. The sheet shall be labeled as such. 3. STANDARDIZATION: The City of Round Rock Is committed to procuring quality goods and equipment. We encourage manufacturers to adopt the International Organization for Standardization (ISO) 9001-9003, latest revision standards, technically equivalent to the American National Standards Institute/American Society for Quality Control (ANSI/ASQC Q91-93 1987), and obtain certification. Adopting and implementing these standards is considered beneficial to the manufacturer, the City, and the environment. It is the City's position that the total quality management concepts contained within these standards can result in reduced production costs, higher quality products, and more efficient use of energy and natural resources. Manufacturers should note that future revisions to this specification might require ISO certification. 4. ENVIRONMENT: It is the intent of the City to purchase goods and equipment having the least adverse environmental impact, within the constraints of statutory purchasing requirements, departmental needs, availability, and sound economical considerations. Suggested changes and environmental enhancements for possible inclusion in future revisions of this specification are encouraged. 5. DAMAGE: The Vendor shall be responsible for damage to the City's equipment and/or property, the workplace and its contents by its work, negligence in work, its personnel and equipment. The Vendor shall be responsible and liable for the safety; injury and health of its working personnel while its employees are performing service work. 6. WORKPLACE: The City is committed to maintaining an alcohol and drug free workplace. Possession, use, or being under the influence of alcohol or controlled substances by Vendor, Vendor's employees, subcontractor(s) or subcontractor (s') employees while In the performance of the service Is prohibited. Violation of this requirement shall constitute grounds for termination of the service. 7. BEST VALUE EVALUATION: All bids received shall be evaluated based on the best value for the City. Best value will be determined by considering all or part of the criteria listed, as well as any relevant criteria specifically listed in the solicitation. 7.1. Bid price 7.2. Reputation of the bidder and of bidder's goods and services. 7.3. The quality of the bidder's goods or services. 7.4. The extent to which the goods or services meet the City's needs Page 3 of 16 SPECIFICATION NO. 08-988-75 DATED: JAN 2008 7.5. Bidder's past relationship with the City. All vendors will be evaluated on their past performance and prior dealings with the City to include, but not limited to, failure to meet specifications, poor quality, poor workmanship, late delivery. 7.6. The total long-term cost to the Municipality to acquire the bidder's goods or services. 8. EX PARTE COMMUNICATION: Please note that to insure the proper and fair evaluation of a bid, the City of Round Rock prohibits ex parte communication (e.g., unsolicited) initiated by the Bidder to the City Official or Employee evaluating or considering the bids prior to the time a bid decision has been made. Communication between Bidder and the City will be initiated by the appropriate City Official or Employee in order to obtain information or clarification needed to develop a proper and accurate evaluation of the bid. Ex parte communication may be grounds for disqualifying the offending Bidder from consideration or award of the bid then in evaluation, or any future bid. 9. PRICE: The contract price bid shall be firm for the duration of the contract or extension periods. No separate line item charges shall be permitted for either bidding or invoice purposes, which shall include equipment rental, demurrage, all cost associated with obtaining permits or any other extraneous charges. 10. PRICE ADJUSTMENT: The City may permit "unit price' adjustments upward, only as a result of a cost increase in goods or services in accordance with the Producers Price Index located at htto://stats.bls.gov/ppi/home.htm. Any price increase shall be requested by the Vendor in writing and accompanied with the appropriate documentation to justify the increase. The vendor may offer price decreases in excess of the allowable percentage change at any time. 11. AGREEMENT: The term of the Agreement resulting from the solicitation may be for five consecutive 12 month periods of time from the effective date and shall remain in full force and effect unless and until It expires by operation of the term stated or until terminated or extended as provided herein. The City reserves the right to: 11.1. Renew the Agreement for two additional periods of time not to exceed twelve months for each renewal provided bother parties agree. 11.2. Review the following at the end of each twelve-month period or renewal: 11.2.1. Vendor performance 11.2.2. Price 11.2.3. Continuing need 11.2.4. Advancements in technologies and or service 11.3. The City may terminate the Agreement with or without cause or may continue through to the next twelve-month review or renewal period. 12. ORDER QUANTITY: The quantities shown on the IFB are estimates only. No guarantee of any minimum or maximum purchase is made or implied. The City will only order the quantity of goods and or services needed to satisfy operating requirements, which may be more or less than indicated. 13. INTERLOCAL COOPERATIVE CONTRACTIN: Other govemmental entities within the State of Texas may be extended the opportunity to purchase off of the City of Round Rock's solicitation, with the consent and agreement of the successful vendor(s) and the City of Round Rock. Such consent and agreement shall be conclusively inferred from lack of exception to this clause in vendor's response. However, all parties indicate their understanding and all parties hereby expressly agree that the City of Round Rock is not an agent of, partner to, or representative of those outside agencies or entities and that the City of Round Rock is not obligated or liable for any action or debts that may arise out of such independently negotiated "piggyback' procurements. 14. NON -APPROPRIATION: The resulting Agreement is a commitment of the City's current revenues only. It is understood and agreed the City shall have the right to terminate the Agreement at the end of any City fiscal year if the governing body of the City does not appropriate funds sufficient to purchase the estimated yearly quantities, as determined by the City's budget for the fiscal year in question. The City may effect such termination by giving Vendor a written notice of termination at the end of its then current fiscal year. 15. , CANCELLATION: The City reserves the right to cancel the Agreement without penalty by providing 30 days prior written notice to the other party. Vendor shall provide the City with 120 days written notice prior to cancellation of the Agreement and shall continue services for a period of time not to exceed 120 days after written notification. Termination under this paragraph shall not relieve the Vendor of any obligation or liability that has occurred prior to cancellation. NOTE: This Agreement Is subject to cancellation, without penalty, at any time the City deems the vendor to be non-compliant with contractual obligations. 16. ABANDONMENT OR DEFAULT: A Vendor who abandons or defaults the work on the contract and causes the City to purchase the services elsewhere may be charged the difference in service, If any and shall not be Page 4 of 16 SPECIFICATION NO. 08-988-75 DATED: JAN 2008 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. 17. 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. 18. JNDEMNITY: 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, attorneys 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. 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 lie in Williamson County, Texas. 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. Page 5 of 16 SPECIFICATION NO. 08-988-75 DATED: JAN 2008 PART III SPECIFICATIONS 1. SCOPE: This specification describes a service to maintain the grounds on the City's medians, right of ways, drainage/retention areas and parkland. Services shall include all labor and goods needed to mow, edge, trim, remove and dispose of litter in the specified time to maintain and establish a good appearance to City grounds that discourages dumping and undesirable activities. A listing of the quadrant areas to be maintained is attached. 2. STATEMENT OF INTENT: These specifications cover only the general requirements as to the performance, as well as certain details to which the successful bidder shall conform. Bidders shall be responsible for the maintenance of several sites on a schedule and provide service as determined in the notice to proceed per the City's instructions and deliver a service that meets or exceeds all of the requirements herein. 3. PRE-BID MEETING: A pre-bid meeting will be held to clarify any parts of the solicitation and answer questions. Date, time and location of the pre-bid meeting will be stated on the solicitation. 3.1. Any significant changes to the solicitation as a result of the discussions at the pre-bid conference will be posted on the web site at: foundrocktexas.uov/bids 4. SITE VISITS. Each bidder is encouraged to visit all mowing locations to determine size and site conditions. The act of submitting a bid is to be considered acknowledgement by the bidder that they have visited the site, taken field measurements and are familiar with the conditions and requirements affecting the work. Failure to do so will not relieve the successful bidder of his obligation to fumish all materials and labor necessary to carry out the requirements as set forth in these specifications. 5. BIDDER QUALIFICATIONS: The opening of a bid will not be construed as the City's acceptance of such bidder as qualified and responsible. All bidders shall: 5.1. Have adequate organization, facilities, equipment and personnel to ensure prompt and efficient service to the City. 5.2. Have a minimum of five consecutive years experience in landscape maintenance, which includes manicured grass maintenance, shrub and bed maintenance, planting and maintenance of trees. 5.3. Have successfully completed a landscape maintenance contract of similar size and scope. 5.4. Provide a written operational plan outlining bidders proposed work schedule to ensure compliance of cycle time. Anv response submitted without an operational elan will not be considered for award. 5.5. Provide completed "Bidders Questionnaire" attached 5.6. Submit with their bid, a list of equipment to be used for this contract The list of equipment should include year, model, make and number of used hours on all equipment to be used. The City has the right to inspect all equipment dedicated for use on this service prior to award of the bid. During inspection, the bidder shall have all equipment that is dedicated to the service on hand or have original receipt of purchase or lease to show ownership. All equipment the bidder is committing to this service, if awarded, should be included in the listing. Experience has shown that it Is essential to have back-up equipment to allow for breakdowns. 5.7. Provide references to include the name, address, telephone number and point of contract of at least three entities for which the bidder has performed similar service and or utilized the exact technology within the past three years. Any negative responses received may result in disqualification of bid. 5.8. Identify any subcontractors to be used for this service. Experience, qualifications and references of the subcontractors shall be submitted. The City reserves the right to approve or disapprove all subcontractors prior to any work being performed. 6. CONFIDENTIALITY OF CONTENT: All bid contents submitted in response to this IFB shall be held confidential until a contract is awarded. Following the contract award, bids are subject to release as public information unless the bid or specific parts of the bid can be shown to be exempt from the Texas Public Information Act. Bidders are advised to consult with their legal counsel regarding disclosure issues and take the appropriate precautions to safeguard trade secrets or any other proprietary information. The City assumes no obligation or responsibility for asserting legal arguments on behalf of potential bidders. 6.1. If a Bidder believes that a bid or parts of a bid are confidential, then the Bidder shall so specify. The Bidder shall stamp in bold red letters the term "CONFIDENTIAL" on that part of the bid, which the 6of16 SPECIFICATION NO. 08-988-75 DATED: JAN 2008 Bidder believes to be confidential. Vague and general claims as to confidentiality shall not be accepted. All bids and parts of bids that are not marked as confidential will be automatically considered public information after the contract is awarded. 7. SERVICE REQUIREMENTS: The vendor shall: 7.1. Obtain and provide all supervision, labor, equipment, services, fuel, oil, incidentals, permits, notifications and related items necessary to complete the work as required by this specification. 7.2. Furnish all tools, hard hats, safety vests, rubber boots, gloves, transportation to and from the work area, and all other safety materials or devices necessary to perform the work in a safe and orderly manner. 7.3. Have an on-site supervisor at the site any time work is performed. 7.4. Protect all existing and newly installed work, materials, equipment, improvements, utilities, structures, and vegetation. Any property or incidentals damaged shall be repaired or replaced to the satisfaction of the City and at Contractor expense. 7.5. Work shall be performed on a schedule defined by the City. It is anticipated that the mowing season will begin about April 1st and end by October 30th. 7.6. All work shall be performed in a professional workmanlike manner. 8. CITY RESPONSIBILITY: City will: 8.1. Appoint a City Inspector. 8.2. Monitor and inspect the ground maintenance at designated parcels. 8.3. Coordinate all work with the vendor. 8.4. The City retains the authority to cancel maintenance cycles at any time. The cancellation will be based upon need and prevailing weather conditions. It is assumed that the Vendor will be notified of any cancellation(s) at such time that a Notice to Proceed is issued for any maintenance cycle. 8.5. The City reserves the right to rearrange the mowing cycle and locations within the City at any time. This determination will be made by the City and communicated to the Vendor in writing via e-mail or fax. 9. EQUIPMENT: Prior to commencement of work, all equipment may be examined and approved by a City authorized designee. The City reserves the right to randomly inspect all equipment at any time during the term of the agreement or any extension period. Recommended minimum equipment for each Quadrant is: 2- out -front type mowers 4- gas powered string trimmers 2- gas powered blowers 1- vehicle (van or truck) 1- trailer to transport mowers 2- gas -powered edgers 9.1. Insufficient and/or inadequate equipment as determined by the City is cause for rejection of any and all bids. 9.2. All medians shall be mowed with an out -front type mower. No tractors, brush hogs, 580-D or similar type equipment shall be used on City medians. 9.3. All mowers shall be equipped with either safety chains or the manufacturer's safety device to prevent mower thrown objects. 9.4. Chain shall be a minimum of 5/16 inches in size and links spaced side by side around the mower's front, sides, and rear. 9.5. Maximum cutting widths for rigid frame rotary mowers shall be 108 inches. 9.6. All mowers shall be kept in good operating condition and shall be maintained to provide a dean, sharp cut of vegetation at all times. NOTE: The City Inspector will approve hinged or batwing mower cutting widths before use. 10. WORK ORDERS. ASSIGNMENTS AND INSPECTION OF WORK: 10.1. Work added or deleted shall be specified by medians, rights-of-way drainage/retentions and parks. Jointly, representatives of the City and the Vendor shall measure the drainage ditch areas added or deleted to determine the exact acreage. Such measurements shall be documented and signed by both the City and Contractor. 7 of 16 SPECIFICATION NO. 08-988-75 DATED: JAN 2008 10.2. )nspectors Duties: The City may make inspections, re-inspections, monitor Contractor activities, ensure the work performed in the assigned Quadrant is done to the quality level prescribed in this Contract and In accordance with prescribed time schedules; however the City's Inspector has no duty or obligation to make inspections. Upon determination of any violation of the specifications and/or terms of this contract, the Inspector will record, process, and submit all pertinent information to the City's Contract Administrator for appropriate action. 10.3. Notice To Proceed and Payment: Notice To Proceed for each cycle will be issued from the City's authorized designee. See Sample A attached. The Notice To Proceed will: 10.3.1. Be issued before work is to begin in the Quadrant Area and will follow the schedule of maintenance cycles as closely as possible. 10.3.2. Consist of a written list of specified areas of land designated for grounds maintenance. 10.3.3. Be considered complete when all work has been inspected and approved by the Inspector and has been signed by both the inspector and Contractor indicating that agreement exists as to the information shown on the Notice To Proceed. Such information shall consist of grounds maintenance locations, acreage actually maintained, and the acceptability of the maintenance activities performed. 10.3.4. Be dated, certified, and signed by the Contractor and Inspector. Payment will be authorized upon receipt of Approved Notice To Proceed to the City's authorized designee after each cycle along with an invoice on Contractor's letterhead. It shall be mandatory that all Notice To Proceeds be completed after the end of each cycle, before another Notice To Proceed may be Issued. Failure to obtain Notice To Proceed prior to beginning the next cycle may be considered a breach of contract. 10.4. Work Record Summary: Shall accompany the Notice To Proceed detailing dates, times, and locations of when work was completed per Contract specifications. No Notice To Proceed will be approved without this information attached nor will a new Notice To Proceed be issued until all terms and conditions of the prior Notice To Proceed are satisfied. See Sample B attached. 10.5. Daily Contact: The Contractor should make daily contact with the City's Inspector, at a time mutually agreed upon by the Inspector and the Contractor. This daily contact Is for discussing areas to be maintained, Contractor's work schedule for the day, areas to be inspected for approval, and Notice To Proceeds that need to be signed. Failure to contact the City's inspector on a daily basis may constitute a breach of Contract. 10.6. Time to Complete Work: Upon issuance of a Notice To Proceed, Contractor shall begin work and proceed with all reasonable dispatch to completion. The Contractor shall be required to maintain all quadrant areas assigned in the time allotted (maintenance cyde) for each Quadrant area. Work started within a quadrant should be completed in consecutive days. Inclement weather may result in the cancellation of a mowing cyde. The Inspector will be responsible for cancellation of cycles. 10.7. Maintenance Schedule: All Quadrants shall be maintained according to the maintenance schedule assigned. Failure on the part of the Contractor to maintain the required production rate for a Quadrant Area shall be sufficient reason for the City's Inspector to have the work in question or portions thereof completed by others if the Contractor fails to cure the default within forty-eight (48) hours of written or verbal notice of the default. 10.7.1. Failure to maintain the mowing schedule shall be determined in the following manner. 10.7.1.1. Contractor shall correct any deficiencies in work within 48 hours of written or verbal notification. In the event the Contractor fails to correct the default to the satisfaction of the City within the specified time, or such greater time as the City may permit, the City shall exercise all rights, including the right to terminate the Contract in whole or part. 10.7.1.2. A portion or portions of the work may be removed from Contractor's responsibility and may be reassigned to another contractor, 10.8. Assessment of Damage to Trees During Grounds Maintenance Operations: 8 of 16 11. MOWING. Quadrants shall be mowed, trimmed and edged as specified upon notification of the City's Inspector through the Contract period and any extension period. 11.1. All Trash and litter shall be removed from the entire area prior to initiating any mowing of the turf areas. SPECIFICATION NO. 08-988-75 DATED: JAN 2008 10.8.1. The City and Contractor should inspect, upon Contract award, all trees for existing damages prior to conducting any work activity in the assigned Quadrant. Observed tree damage shall be documented by memo to the City's Inspector. 10.8.2. The assigned Inspector may check trees in the Contract area before work begins, and random checks may be carried out during the Contract period at the option of the City. 10.9. Protection of Existing Sites, Structures and Utilities: Where performance of maintenance activities endangers adjacent sites, structures and utilities, the Contractor shall at his own expense carefully protect all such sites, structures and utilities so that there will be no loss or utilities service damage. In case of damage to existing sites, structures or utilities, the Contractor shall restore the site, structure or utility to Its original condition and position without compensation from the City. 11.2. All turf shall be cut at a height of three (3) to four (4) inches. 11.3. Detention/ Retention Ponds and Parkland shall be mowed monthly upon notification of the City's Inspector thorough the contract period. 11.3.1. All mowing equipment shall be of rotary type mowers equipped with sharp blades so as not to tear, but cleanly cut the blades of grass. All grass shall be cut at a height of 3-4°. 11.4. Medians and Rioht-of-Way shall be mowed, trimmed an edged once every fourteen days. 11.4.1. All mowing shall be complete to the next natural barrier (e.g. street, intersection, dead end, etc.) within 24 hours of start of mowing of said area. 11.4.2. Turf shall be cut in a professional manner as not to scalp turf or leave areas of uncut grass. 11.4.3. Extreme care shall be used when maintaining Right -of -Way. Any damage sustained to a homeowner's property shall be the responsibility of the Contractor. Where there is a fence line, the Contractor shall mow and trim to fence line. 11.4.4. Trash and litter, cut or broken during maintenance operations, shall be completely removed from median and rights of way areas, prior to proceeding with the maintenance of other areas. 11.4.5. Upon completion, a mowed area shall be free of clumped grass and tire tracks or ruts from the mowing equipment. 11.4.6. Equipment shall be operated at a speed to provide the optimal desired cut designated by the City's Inspector. 11.5. All trash and litter removed shall be disposed of by contractor to an off-site location. 11.6. Care shall be taken to prevent discharge of grass clippings onto paved surfaces such as streets, parking lots, sidewalks, driveways, or onto adjacent properties. Any material so discharged shall be removed immediately prior to proceeding with mowing of other areas. 11.7. If an area is maintained by a homeowner, the Contractor shall not mow that area. Contractor should use care when mowing against fences, property lines, and other obstacles. 12. RIMMING: All vegetation in cracks, seams and/or joints of paved areas such as sidewalks, curbs, and driveways shall be cut down to the pavement surface during the completion of each mowing cycle. 12.1. The use of herbicides to control such growth may be permitted, with prior approval of the assigned Inspector; herbicide usage shall comply with the TSPB and/or TDA rules and regulations. 12.2. All median and rights of way structures, trees, poles, signs, fences and shrub beds are to be trimmed closely. Special care shall be given to trimming around small trees as not to Inflict damage to the bark of the trees. 12.3. All trimming shall be accomplished maintaining the required 3"-4" cutting height. All trimming shall be accomplished concurrently with mowing operations. Trimming can be reduced by chemical trimming, with prior approval of assigned Inspector. 9 of 16 SPECIFICATION NO. 08-988-75 DATED: JAN 2008 12.4. Band of chemical application shall not exceed six inches (6") from target structure of chemical treatment. Approval of herbicides shall be obtained from the City's Inspector prior to herbicide application. 12.5. All chemical treatments shall be performed under the direction of a commercial applicator license through the Structural Pest Control Board (SPCB) or Texas Department of Agricultural (TDA). 12.6. Chemical edging shall be in accordance with SPCB or TDA rules and regulations. Approval must be obtained from the City Inspector prior to application. 12.7. Chemical edging cannot be visible and all chemical treatments shall be growth regulators, however, herbicides can be used in nose cones and concrete areas only. 12.8. Application shall be in compliance with label directions and the Texas Structural Pest Control Board rules and regulations. Treated weeds that are left after kill by chemical application shall be removed from area. Performance measure: Visible separation of turf from concrete and no vegetation overhanging on to concrete surface and no larger than a 6" band around obstacles. 13. MULCH AREAS OR TREE WELLS: All vegetation shall be removed from areas adjacent to trees, shrub beds, and other purposefully planted landscape areas where there is a protective covering of organic substances in placed to prevent evaporation of moisture, control weed growth, prevent mechanical damage to landscape and for aesthetic reasons. Performance measure: No vegetation growing In tree wells. 14. REMOVAL OF GRASS CLIPPINGS: Removal of cut grass from the turf area where growth occurred will not be required unless grass is dumped. Cut grass and debris which falls or is thrown upon the pavement, streets, sidewalks, driveways, or adjacent properties through the action of the work crew, shall be removed from the area prior to the exit of the work crew from the work site. Performance measure: Zero cut vegetation on streets, curbs, walks, driveways or any other concrete surfaces. 15. EDGING: All sidewalks, curbs, and steps shall be mechanically edged to a one (1°) inch depth and 1/4 inch width where they exist exposing the concrete surface. The initial edging shall be completed by the end of first cycle. All edges shall be maintained through duration of contract. Edging and maintenance of edges shall use a vertical cut approach. All material dislodged by edging must be removed from site. Sidewalks shall be edged on both sides. Performance measure: Zero vegetation growing onto sidewalks, curbs, steps, drives or other concrete surfaces. 16. LITTER REMOVAL. CYCLE: The City's Inspector may at his or her discretion issue a work order for any maintenance cycle for litter only. This constitutes a litter removal cycle that requires removal of any trash and litter within the assigned Quadrant. Contractor shall be compensated for extra litter removal cycles as specified In bid proposal. Performance measure: Zero visible litter and debris on finished mowing areas. 17. WORK SCHEDULE: In the event that any one Contractor shall receive contracts for maintenance in more than one quadrant , Contractor shall complete all grounds maintenance activities concurrently. 18. WORK CREW: 18.1. Each work crew shall have a designated person on the work site with the authority to respond to inquiries about work details or priorities. 18.2. The Contractor shall assign only qualified, trained, competent and reliable personnel to perform the services. The City shall have the right to request the Immediate removal from its premises of any employee of the Contractor or of the Contractor's subcontractors. 10 of 16 SPECIFICATION NO. 08-988-75 DATED: JAN 2008 19. SAFETY OF WORK CREW: 19.1. Contractor shall wear and/or display proper warning devices (safety vest, flashers, strobe lights, warning signs, etc.) in order to ensure both employee and public safety. Contractor and his employees shall dress and remain dressed in a presentable fashion due to high public visibility of these employees. Should problems occur, Contractor shall be advised of the circumstances and shall take appropriate action. Dressing problems include but are not limited to bare chest (no shirt), shorts while trimming or edging, and absence of proper use of safety devices. 19.2. The Contractor shall be responsible for furnishing all signs and traffic controls in accordance with the Texas Manual on Uniform Traffic Control Devices, and make adjustments as required by Inspector. 19.3. All signs must be mounted on their own stands and be mounted not less than three feet (3 ft.) from the bottom of the sign to the natural ground line. Each sign shall have two brightly colored safety flags attached to it. It will not be permissible to hang or lean these signs. The signs shall be erected in such a manner that they will not obstruct the traveling public view of the normal roadway signing. Performance measure: Proper warning devices and clothing due to high visibility of employees that work on roadways. 20. IDENTIFICATION: All Contractor vehicles under the performance of this Contract that are licensed for travel on public roads, shall have the name of the Contractor neatly exhibited on each side of the vehicle. Vehicles shall park in areas that do not create potential hazardous traffic situations. 21. COMMUNICATION: Contractor shall provide communication equipment as necessary to perform the services of this Contract. This may include 2 -way radios, pagers, cellular phones, telephone -answering devices, fax machine etc. The Contractor or his designate shall respond to communication requests from the Citys Inspector or designee, within two (2) hours during the normal working hours of 7:30 a.m. to 5:00 p.m. Performance measure: Two-hour tumaround time for information between City and Contractor. PART IV ACCEPTANCE AND PAYMENT 1. ACCEPTANCE: Acceptance inspection should not take more than two working days. The vendor will be notified within this time frame if the service delivered is not in full compliance with the specifications 1.1. Failure to maintain the mowing schedule shall be determined in the following manner: 1.1.1. Contractor shall correct any deficiencies in work within 48 hours of written or verbal notification. In the event the Contractor fails to correct the default to the satisfaction of the City within the specified time, or such greater time as the City may permit, the City shall exercise all rights, including the right to terminate the Contract in whole or part.. 1.1.2. If any contract or purchase order is canceled for non-acceptance, the needed service may be purchased elsewhere and the vendor may be charged full increase, if any, in cost and handling. 2. INVOICING: Vendor shall submit one original and one copy of each invoice on a monthly basis to: City of Round Rock Finance Department 221 East Main Street Round Rock, TX78664-5299 2.1. Invoice shall include, but not be limited to the following: 2.1.1. Purchase order number. 2.1.2. Invoice date. 2.1.3. Itemized charges and grand totals. 2.1.4. Work locations and dates. 2.1.5. Waste manifest or Disposal tickets. 3. PROMPT PAYMENT 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 11 of 16 SPECIFICATION NO. 08-988-75 DATED: JAN 2008 the City receives a correct invoice for the supplies, materials, equipment or services, whichever is later. The Vendor may charge a late fee (fee shall not be greater than that which is permitted by Texas 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 conceming supplies, material, or equipment delivered or the services performed which caused the payment to be late; or 3.4. The invoice is not mailed to the City in strict accordance with instructions, if any, on the purchase order or agreement or other such contractual agreement. 4. OVERCHARGES: Vendor hereby assigns to purchaser any and all claims for overcharges associated with this agreement which arise under the antitrust laws of the United States, 15 USGA Section 1 It �qe ., and which arise under the antitrust laws of the State of Texas, Bus. and Com. Code, Section 15.01, et gseg 12 of 16 SPECIFICATION NO. 08-988-75 DATED: JAN 2008 City of Round Rock BIDDERS QUESTIONNAIRE Any and all firms considering the Grounds Maintenance Contract, must complete and submit the information requested below. This is a part of the bid and bidders who fail to submit this information will be considered non-responsive. CONTRACTOR NAME PHYSICAL ADDRESS OF EQUIPMENT TELEPHONE FAX EMAIL DATE State the number of years your firm has provided landscape maintenance and mowing services Years. State the number of employees who will be designated to work on this contract Develop a plan of action for assignment of your crew. List the man-hours needed to perform the contract requirements for each crew member. A. EQUIPMENT LIST (List all equipment you plan to dedicate to this project(s))- 13 of 16 SPECIFICATION NO. 08-988-75 DATED: JAN 2008 Attach a separate sheet if necessary. All equipment must be equipped with safe guards as outlined by ANSI and OSHA. B. WORK REFERENCES List at least three commercial or govemmental references demonstrating your mowing experience within the past twenty-four months on projects similar to the scope of this contract. NAME: ADDRESS: CITY: STATE: ZIP: PHONE: FAX: CONTACT: DESCRIPTION OF PROJECT: NAME: ADDRESS: CITY: STATE: ZIP: PHONE: FAX: CONTACT: DESCRIPTION OF PROJECT: COMMENTS 14 of 16 NAME: ADDRESS: CITY: STATE: ZIP: PHONE: FAX: CONTACT: DESCRIPTION OF PROJECT: NAME: ADDRESS: CITY: STATE: ZIP: PHONE: FAX: CONTACT: DESCRIPTION OF PROJECT: NAME: ADDRESS: CITY: STATE: ZIP: PHONE: FAX: CONTACT: DESCRIPTION OF PROJECT: COMMENTS 14 of 16 SPECIFICATION NO. 08-988-75 DATED: JAN 2008 Sample A - "Notice To Proceed" Document TO: JOHN Q. CONTRACTOR, LAWN MOWER CONSTRUCTION FROM: CITY INSPECTOR SUBJECT: START OF MOWING CONTRACT. CYCLE XX DATE: APRIL 1. 2008 This Is the official notice to proceed with ground's maintenance of Quadrant ROW 1. Please review the specifications in the contract and begin this cycle. ROW 1 must be completed to contract specifications byApr1114, 2008. Contract specifications will be strictly enforced for the duration of this contract. Remember to clean off curbs and sidewalks. Notify this office of any Targe piles of debris. Fax daily "Work Record Summary "of completed areas to: Fax number is 512-218-5548. If you have questions please call me at 512-218-5547. Contractor Name Authorized Representative Signature City Inspector Signature Print Name Print Name Date Date Note: Notice to Proceed must be signed and dated and have the appropriate Work Summary reports turned in to City Inspector before another Notice to Proceed is issued. 15 of 16 SPECIFICATION NO. 08-988-75 DATED: JAN 2008 Sample B - "Work Record Summary" TO: CITY OF ROUND ROCK INSPECTOR FAX No. (512) 218-5548 Phone: (512) 218-5547 FROM: JOHN Q. CONTRACTOR, LAWN MOWER CONSTRUCTION SUBJECT: WORK RECORD SUMMARY. CYCLE XX DATE: APRIL 2. 2008 DAILY WORK SUMMARY: LOCATION DESCRIPTION ACRES QUADRANT TIME COMPLETE DATE University Blvd Oakmont to CR 48 ROW 1 1:46 pm April 2, 2008 16 of 16 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 resultlno from a response to this bid/Soecification insurance against claims for iniuries to persons or damages to property which may arise from or in connection with the performance of the work as_a result of this bid by the successful bidder. its agents. representatives. volunteers. employees or subcontractors. 1.1. Certificates of Insurance and endorsements shall be furnished to the City and approved by the City before work commences. 1.2. The following standard insurance policies shall be required: 1.2.1. General Liability Policy 1.2.2. Automobile Liability Policy 1.2.3. Worker's Compensation Policy 1.3. The following general requirements are applicable to all policies: 1.3.1. Only insurance companies licensed and admitted to do business in the State of Texas shall be accepted. 1.3.2. Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per occurrence basis for property damage only. 1.3.3. Claims made policies shall not be accepted, except for Professional Liability Insurance. 1.3.4. Upon request, certified copies of all insurance policies shall be furnished to the City 1.3.5. Policies shall include, but not be limited to, the following minimum limits: 1.3.5.1. Minimum Bodily Injury Limits of $300,000.00 per occurrence. 1.3.5.2. Property Damage Insurance with minimum limits of $50,000.00 for each occurrence. 1.3.5.3. Automobile Liability Insurance for all owned, non -owned, and hired vehicles with minimum limits for Bodily Injury of $100,000.00 each person, and $300,000.00 for each occurrence, and Property Damage Minimum limits of $50,000.00 for each occurrence. 1.3.5.4. Statutory Worker's Compensation Insurance and minimum $100,000.00 Employers Liability Insurance. 1.3.6. Coverage shall be maintained for two years minimum after the termination of the Contract. 1.4. The City shall be entitled, upon request, and without expense to receive copies of insurance policies and all endorsements thereto and may make reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding either of the parties hereto or the underwriter of any of such policies). Upon such request by the City, the Vendor shall exercise reasonable efforts to accomplish such changes in policy coverage and shall pay the cost thereof. All insurance and bonds shall meet.the requirements of the bid specification and the insurance endorsements stated below. 1.5. Vendor agrees that with respect to the required insurance, all insurance contracts and certificate(s) of Insurance will contain and state, in writing, on the certificate or its attachment, the following provisions: Page 1 of 4 1.5.1. Provide for an additional insurance endorsement clause declaring the Vendor's insurance as primary. 1.5.2. Name the City and its officers, employees, and elected officials as additional insured's, (as the interest of each insured may appear) as to all applicable coverage. 1.5.3. Provide thirty days notice to the City of cancellation, non -renewal, or material changes 1.5.4. Remove all language on the certificate of insurance indicating: 1.5.4.1. That the insurance company or agent/broker shall endeavor to notify the City; and, 1.5.4.2. Failure to do so shall impose no obligation of liability of any kind upon the company, its agents, or representatives. 1.5.5. Provide for notice to the City at the addresses listed below by registered mail: 1.5.6. Vendor agrees to waive subrogation against the City, its officers, employees, and elected officials for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance. 1.5.7. Provide that all provisions of this contract concerning liability, duty, and standard of care together with the Indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. 1.5.8. All copies of the Certificate of Insurance shall reference the project name, bid number or purchase order number for which the insurance is being supplied. 1.5.9. Vendor shall notify the City in the event of any change in coverage and shall give such notices not less than thirty days prior notice to the change, which notice shall be accomplished by a replacement Certificate of insurance. 1.5.10. All notices shall be mailed to the City at the following addresses: Assistant City Manager City Attorney City of Round Rock City of Round Rock 221 East Main 309 East Main Round Rock, TX 78664-5299 Round Rock, TX 78664 2. WORKERS COMPENSATION INSURANCE 2.1. Texas Labor Code, Section 406.098 requires workers' compensation insurance coverage for all persons providing services on building or construction projects for a govemmental entity. 2.1.1. Certificate of coverage ("certificate) - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the Texas Workers' Compensation Commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. 2.1.2. Duration of the project - includes the time from the beginning of the work on the project until the CONTRACTOR'S /person's work on the project has been completed and accepted by the OWNER. 2.2. Persons providing services on the protect ("subcontractor) in Section 406.096 - includes all persons or entities performing all or part of the services the CONTRACTOR has undertaken to perform on the project, regardless of whether that person contracted directly with the CONTRACTOR and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity, which fumishes persons to provide services on the project. "Services' include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not Page 2 of 4 include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2.3. The CONTRACTOR shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the CONTRACTOR providing services on the project, for the duration of the project. 2.4. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being awarded the contract. 2.5. If the coverage period shown on the CONTRACTOR'S current certificate of coverage ends during the duration of the project, the CONTRACTOR must, prior to the end of the coverage period, file a new certificate of coverage with the OWNER showing that coverage has been extended. 2.6. The CONTRACTOR shall obtain from each person providing services on a project, and provide to the OWNER: 2.6.1. a certificate of coverage, prior to that person beginning work on the project. so the OWNER will have on file certificates of coverage showing coverage for all persons providing services on the project and 2.6.2. no later than seven calendar days after receipt by the CONTRACTOR, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 2.7. The CONTRACTOR shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 2.8. The CONTRACTOR shall notify the OWNER in writing by certified mail or personal delivery, within 10 calendar days after the CONTRACTOR knew or should have known, or any change that materially affects the provision of coverage of any person providing services on the project. 2.9. The CONTRACTOR shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 2.10. The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a project, to: 2.10.1. provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all its employees providing services on the project, for the duration of the project; 2.10.2. provide to the CONTRACTOR, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on a project, for the duration of the project; 2.10.3. provide the CONTRACTOR, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 2.10.3.1. obtain from each other person with whom It contracts, and provide to the CONTRACTOR: 2.10.3.1.1. 2.10.3.1.2. a certificate of coverage, prior to the other person beginning work on the project; and a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project Page 3 of 4 2.10.3.2. retain all required certificates of coverage on file for the duration of the project and for one year thereafter, 2.10.3.3. notify the OWNER in writing by certified mail or personal delivery, within 10 calendar days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 2.10.3.4. contractually require each person with whom it contracts, to perform as required by paragraphs (A thru G), with the certificates of coverage to be provided to the person for whom they are providing services. 2.10.3.5. By signing the solicitation associated with this specification, or providing, or causing to be provided a certificate of coverage, the Contractor is representing to the Owner that all employees of the Contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -Insured, with the Commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 2.10.3.6. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor that entitles the Owner to declare the contract void if the Contractor does not remedy the breach within ten calendar days after receipt of notice of breach from the owner. Page 4 of 4