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R-2017-4807 - 9/28/2017 RESOLUTION NO. R-2017-4807 WHEREAS, the City of Round Rock has duly advertised for bids for purchase of City of Round Rock Downtown Christmas Lighting Products and Services, and related services; and WHEREAS, Mark Metzger (dba Decor IQ) has submitted the lowest responsible bid; and WHEREAS, the City Council wishes to accept the bid of Mark Metzger (dba Decor IQ), 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 Downtown Christmas Lighting Products and Services with Mark Metzger (dba Decor IQ), a copy of said Agreement being attached hereto as Exhibit "A" and incorporated herein, and 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 28th day of September, 2017. CRAIGORr6k, Mayor City of ound Texas ATTEST: SARA L. WHITE, City Clerk 0112.1704;003 86 101 EXHIBIT „A» CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF DOWNTOWN CHRISTMAS LIGHTING PRODUCTS AND SERVICES WITH DECOR IO.LLC THE STATE OF TEXAS § CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § COUNTY OF TRAVIS § THIS AGREEMENT (referred to herein as the "Agreement"), is for purchase of City of Round Rock Downtown Christmas Lighting Products and Services, and related services, and is made on the day of the month of September, 2017, 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 "City"), and DECOR IQ, LLC, whose offices are located at 1865 Grosenbacher Road, Warehouse #2, San Antonio, Texas 78245 (referred to herein as "Vendor"). This Agreement supersedes and replaces any previous agreements between the named parties, whether oral or written, and whether or not established by custom and practice. RECITALS: WHEREAS, City has determined that there is a need for the delineated goods and services; and WHEREAS, City desires to contract for the provision of such goods and services, and City desires to purchase same from Vendor; and WHEREAS, City has issued its "Invitation for Bid" for the provision of said goods and services, and City has selected the bid submitted by Vendor; and WHEREAS, the parties desire to enter into this Agreement to set forth in writing their respective rights, duties and obligations 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: 00385843/ss2 1.1 DEFINITIONS A. Agreement means the binding legal contract between City and Vendor whereby City is obligated to buy specified goods and Vendor is obligated to sell same. The Agreement includes the following: (a) City's Invitation for Bid designated IFB 17-025 dated August 2017; (b) Vendor's Response to IFB; (c) contract award; and (d) any exhibits, addenda, and/or amendments thereto. Any inconsistencies or conflicts in the contract documents shall be resolved by giving preference in the following order: (1) This Agreement; (2) Vendor's Response to IFB; (3) City's Invitation for Bids, exhibits, and attachments. B. City means the City of Round Rock, Williamson and Travis Counties,Texas. C. Effective Date means the date upon which the binding signatures of both parties to this Agreement are affixed. D. Force Majeure means acts of God, strikes, lockouts, or other industrial disturbances, acts of the public enemy, orders of any kind from the government of the United States or the State of Texas or any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, restraint of the government and the people, civil disturbances, explosions, or other causes not reasonably within the control of the party claiming such inability. E. Goods mean the specified supplies, materials, commodities, or equipment. F. Services mean work performed to meet a demand or effort by Vendor to comply with promised delivery dates, specifications, and technical assistance specified. G. Vendor means Decor IQ, LLC, or any of its corporate structures, successors or assigns. 2.1 EFFECTIVE DATE, TERM,ALLOWABLE RENEWALS,PRICES FIRM A. 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 provided herein. B. The term of this Agreement shall be for sixty(60) months from the effective date hereof. 2 C. City reserves the right to review the relationship at any time, and may elect to terminate with or without cause or may elect to continue. 3.01 CONTRACT DOCUMENTS AND EXHIBITS City selected Vendor to supply the goods as outlined in IFB 17-025 dated August 2017, and Response to IFB submitted by Vendor, all as specified in Exhibit "A" attached hereto and made a part hereof for all purposes. The intent of these documents is to formulate an Agreement listing the responsibilities of both parties as outlined in the IFB and as offered by Vendor in its Response to the IFB. The goods and services which are the subject matter of this Agreement are described in Exhibit"A" and,together with this Agreement, comprise the total Agreement and they are fully a part of this Agreement as if repeated herein in full. 4.1 ITEMS AWARDED; ADDITIONAL SERVICES;COSTS A. All bid items set forth in No. 1 — 16 of Option "A" (Lease Option) in "Attachment A: Bid Form" of Exhibit "A" (pages 17-18) are awarded to Vendor at the costs set forth in the Bid Form. B. The City may require additional lighting and/or services under this Agreement that were not included in the Vendor's Option "A" bid total. An additional Ten Thousand and No/100 Dollars ($10,000.00) is included in the not-to-exceed amounts set forth in Section C below. Vendor agrees that the discount and hourly rate set forth in No. 34 and No. 35 of Attachment A: Bid Form (page 20 of Exhibit "A") shall apply to any additional lighting and/or services purchased by the City. C. The City shall be authorized to pay the Vendor an amount not-to-exceed One Hundred Eighty-Six Thousand Dollars ($186,000.00) per year for the term of the agreement for a total not-to-exceed amount of Nine Hundred Thirty Thousand and No/100 Dollars ($930,000.00) for the term of this Agreement. 5.1 INVOICES All invoices shall include, at a minimum, the following information: A. Name and address of Vendor; B. Purchase Order Number; C. Description and quantity of items received;and D. Delivery dates. 3 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 affect such termination by giving Vendor a written notice of termination at the end of its then-current fiscal year. 8.1 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be made by City to Vendor will be made within thirty (30) days of the date City receives goods under this Agreement, the date the performance of the services under this Agreement are completed, or the date City receives a correct invoice for the goods or services, whichever is later. Vendor may charge interest on an overdue payment at the "rate in effect" on September 1 of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas Government Code, Section 2251.025(b). This Prompt Payment Policy does not apply to payments made by City if: A. There is a bona fide dispute between City and Vendor, a contractor, subcontractor, or supplier about goods delivered or the service performed that causes the payment to be late;or B. There is a bona fide dispute between Vendor and a subcontractor or between subcontractor and its supplier about the goods delivered or the service performed that causes the payment to be late;or C. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds;or 4 D. The invoice is not mailed to City in strict accordance with any instruction on the purchase order relating to the payment. 9.01 GRATUITIES AND BRIBES City may, by written notice to Vendor, cancel this Agreement without incurring any liability to Vendor if it is determined by City that gratuities or bribes in the form of entertainment, gifts, or otherwise were offered or given by Vendor or its agents or representatives to any City officer, employee or elected representative with respect to the performance of this Agreement. In addition, Vendor may be subject to penalties stated in Title 8 of the Texas Penal Code. 10.01 TAXES City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be included in Vendor's charges. 11.01 ORDERS PLACED WITH ALTERNATE VENDORS If Vendor cannot provide the goods as specified, City reserves the right and option to obtain same from another source or supplier(s). 12.01 INSURANCE Vendor shall meet all requirements as stated in the attached Invitation for Bid IFB 17-009 (including all attachments and exhibits), and its bid response; and as set forth at http://www i-oundrock-texas.gov/wp-content/uploads/201.4"12/coli• insurance 07.20112.pdf 13.01 CITY'S REPRESENTATIVE City hereby designates the following representative(s) authorized to act in its behalf with regard to this Agreement: Kristin Brown, Communications and Marketing Manager 221 East Main Street Round Rock, TX 78664 512-218-5447 kbrow.n(uroundrock.texas.gov 14.01 RIGHT TO ASSURANCE Whenever either party to this Agreement, in good faith, has reason to question the other party's intent to perform hereunder, then demand may be made to the other party for written assurance of the intent to perform. In the event that no written assurance is given within the 5 reasonable time specified when demand is made, then and in that event the demanding party may treat such failure as an anticipatory repudiation of this Agreement. 15.1 DEFAULT If Vendor abandons or defaults hereunder and is a cause of City purchasing the specified services elsewhere, Vendor agrees that it will not be considered in the re-advertisement of the service and that it may not be considered in future bids for the same type of work unless the scope of work is significantly changed. Vendor shall be declared in default of this Agreement if it does any of the following: A. Fails to make any payment in full when due; B. Fails to fully, timely and faithfully perform any of its material obligations hereunder; C. Fails to provide adequate assurance of performance under the "Right to Assurance" section herein;or D. Becomes insolvent or seeks relief under the bankruptcy laws of the United States. 16.1 TERMINATION AND SUSPENSION A. City has the right to terminate this Agreement, in whole or in part, for convenience and without cause, at any time upon thirty(30)days' written notice to Vendor. B. In the event of any default by Vendor, City has the right to terminate this Agreement for cause, upon ten (10) days' written notice to Vendor. C. Vendor has the right to terminate this Agreement only for cause, in the event of material and substantial breach by City, or by written mutual agreement to terminate. E. In the event City terminates under subsections (A) or (B) of this section, the following shall apply: Upon City's delivery of the referenced notice to Vendor, Vendor shall discontinue all services in connection with the performance of this Agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such orders and contracts are chargeable to this Agreement. Within thirty (30) days after notice of termination, Vendor shall submit a statement detailing the goods and/or services satisfactorily performed under this Agreement to the date of termination. City shall then pay Vendor that portion of the charges, if undisputed. The parties agree that Vendor is not entitled to compensation for services it would have performed under the remaining term of the Agreement except as provided herein. 6 17.01 INDEMNIFICATION Vendor shall defend (at the option of City), indemnify, and hold City, its successors, assigns, officers, employees and elected officials harmless from and against all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and any and all other costs or fees arising out of, or incident to, concerning or resulting from the fault of Vendor, or Vendor's agents, employees or subcontractors, in the performance of Vendor's obligations under this Agreement, no matter how, or to whom, such loss may occur. Nothing herein shall be deemed to limit the rights of City or Vendor (including, but not limited to the right to seek contribution) against any third party who may be liable for an indemnified claim. 18.1 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES A. Vendor, its agents, employees and subcontractors shall use best efforts to comply with all federal and state laws, City's Charter and Ordinances, as amended, and with all applicable rules and regulations promulgated by local, state and national boards, bureaus and agencies. B. Vendor acknowledges and understands that City has adopted a Storm Water Management Program (SWMP) and an Illicit Discharge Ordinance, Sections 14-139 through 14- 152 of the City's Code of Ordinances, to manage the quality of the discharges from its Municipal Separate Storm Sewer System(MS4) and to be in compliance with the requirements of the Texas Commission on Environmental Quality (TCEQ) and the Texas Pollutant Discharge Elimination System (TPDES). The Services Provider agrees to perform all operations on City-owned facilities in compliance with the City's Illicit Discharge Ordinance to minimize the release of pollutants into the MS4. The Services Provider agrees to comply with of the City's stormwater control measures, good housekeeping practices and any facility specific stormwater management operating procedures specific to a certain City facility. In addition, the Services Provider agrees to comply with any applicable TCEQ Total Maximum Daily Load(TMDL) Requirements and/or I-Plan requirements. 19.01 ASSIGNMENT AND DELEGATION The parties hereby bind themselves, their successors, assigns and legal representatives to each other with respect to the terms of this Agreement. Neither party shall assign, sublet or transfer any interest in this Agreement without prior written authorization of the other party. 20.1 NOTICES All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows: 7 A. When delivered personally to recipient's address as stated in this Agreement;or B. Three (3) days after being deposited in the United States mail, with postage prepaid to the recipient's address as stated in this Agreement. Notice to Vendor: Mark Metzger 1865 Grosenbacher Road,Warehouse #2 San Antonio, TX 78245 Notice to City: City Manager Stephen L. Sheets, City Attorney 221 East Main Street AND TO: 309 East Main Street Round Rock, TX 78664 Round Rock, TX 78664 Nothing contained herein shall be construed to restrict the transmission of routine communications between representatives of City and Vendor. 21.01 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. 22.01 EXCLUSIVE AGREEMENT This document, and all appended documents, constitutes the entire Agreement between City and Vendor. 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. 23.01 DISPUTE RESOLUTION City and Vendor hereby expressly agree that no claims or disputes between the parties arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9 USC Section 1-14) or any applicable state arbitration statute. 24.01 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 8 way affect the validity or enforceability of any other portion or provision of this Agreement. Any such void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion or provision held to be void. The parties further agree to amend this Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions hereof shall not prevent this entire Agreement from being void should a provision that is of the essence of this Agreement be determined to be void. 25.1 MISCELLANEOUS PROVISIONS Standard of Care. Vendor represents that it employs trained, experienced and competent persons to perform all of the services, responsibilities and duties specified herein and that such services, responsibilities and duties shall be performed in a manner according to generally accepted industry practices. Time is of the Essence. Vendor understands and agrees that time is of the essence and that any failure of Vendor to fulfill obligations for each portion of this Agreement within the agreed timeframes will constitute a material breach of this Agreement. Vendor shall be fully responsible for its delays or for failures to use best efforts in accordance with the terms of this Agreement. Where damage is caused to City due to Vendor's failure to perform in these circumstances, City may pursue any remedy available without waiver of any of City's additional legal rights or remedies. Force Majeure. Neither City nor Vendor shall be deemed in violation of this Agreement if it is prevented from performing any of its obligations hereunder by reasons for which it is not responsible as defined herein. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. Multiple Counterparts. This Agreement may be executed in multiple counterparts, any one of which shall be considered an original of this document; and all of which, when taken together, shall constitute one and the same instrument. [Signatures on the following page.] IN WITNESS WHEREOF, City and Decor IQ, LLC have executed this Agreement on the dates indicated. City of Round Rock, Texas Decor IQ, LLC By: By: Printed Name: Printed Name: Metz er Title: Title:Owner Date Signed: Date Signed: 9/21/2017 For City,Attest: By: Sara L. White, City Clerk For City,Approved as to Form: By: Stephan L. Sheets, City Attorney ROUND ROCK TEXAS City of Round Rock, Texas Purchasing Division 221 East Main Street Round Rock, Texas 78664-5299 www.roundrocktexas.gov INVITATION FOR BID DOWNTOWN CHRISTMAS LIGHTING PRODUCTS & SERVICES Solicitation No. 17-025 AUGUST 2017 EXHIBIT "A" Downtown Christmas Lighting Products and Services lFB No. 17-025 Class/Item: 988-54 August 2017 TABLE OF CONTENTS Part I General 1. Purpose 2. Background 3. Attachments 4. Clarification 5. Bidder Qualifications 6. Subcontractors 7. Damage 8. Safety 9. Pricing 10. Price Increase 11. Agreement Term 12. Acceptance/Inspection Part 11 Specifications 1. Scope/Service General Requirements 2. Installation, Maintenance and Removal 3. City Responsibilities 4, Delivery and Installation 5. Communication 6. Service Requirement Location 7. Point of Contract/Designated Representative 8. Workforce 9. Permits Part III Schedule and Response Instructions 1. Schedule of Events 2. Solicitation Updates 3, Mandatory Pre-Bid Meeting/Site Visit 4. Response Due Date 5. Best Value Evaluation Criteria 6, Award 7. Post Award Meeting EXHIBIT "A" Page 2 of 21 Downtown Christmas Lighting Products and Services IFB No, 17-025 Class/Item: 988-54 August 2}17 8. Non-Appropriation 9. Interlocal Cooperative Contracting (Piggyback) Part IV Response Requirements Attachment A: Bid Sheet Attachment B: Bidder's Questionnaire Attachment C: Bidder's Reference Sheet Attachment D: Addendum Acknowledgement Form Attachment E: Downtown Christmas Lighting Map Attachment F: Lighting Exhibits Part V Content 1. Confidentiality of Content Part V11 General Terms and Conditions/Insurance Requirements 1. Insurance 2. Definitions, Terms, and Conditions 3. Prompt Payment Policy EXHIBIT "All Page 3 of 2 1 Downtown Christmas Lighting Products and Services lFB No. 17-026 Class/Item: 988-54 August 2017 CITY OF ROUND ROCK INVITATION FOR BID DOWNTOWN CHRISTMAS LIGHTING PRODUCTS AND SERVICES PART I GENERAL 1 PURPOSE: The City of Round Rock, herein after"the City" seeks bids to establish a multiple year contract from a qualified person, firm or corporation, herein after "Bidder", who is experienced in providing"turnkey"Christmas lighting installation and removal for the holiday season. The successful vendor shall be responsible for the installation, maintenance and removal of holiday tree lighting, light displays,and above street lighting in the City of Round Rock downtown areas, herein after"Services". 2. BACKGROUND: The City of Round Rock(the"City")is looking to enhance Downtown by purchasing and installing lighting and light displays in specified areas of Downtown for the Holiday Season (the"Show"). The Show extends along Main Street and Brown Street and encompasses Prete Plaza, Water Tower Park and Centennial Plaza. Visitors can walk or drive the lit street and take in the magnificence of lights in the historic core of Downtown. For those walking Downtown elements will be placed around the City's water tower to enhance the experience walk through light displays such as LeBlanc Illuminations 3-D Gift Box and 3D AP 'Coeur de Noel Walk through Ornament. Lighting Brown Street will attract drivers and walkers to Centennial Plaza where they can see more lighting displays and even take a selfie with their family See bid sheet for specific elements in Centennial Plaza, Daytime visitors won't get to see the lights but we want to carry the holiday spirit by wrapping all light poles, in designated areas, on Main Street and Brown Street with garland and lights. 3. ATTACHMENTS: Attachment A through F,are herein made part of this invitation for bid: 3.1, Attachment A: Bid Sheet 3.2. Attachment B: Bidder's Questionnaire 3.3. Attachment C: Bidder's Reference Sheet 3.4, Attachment D: Addendum Acknowledgement Form 3,5. Attachment E: Downtown Christmas Light Map 3.6. Attachment F: Lighting Exhibits 4. CLARIFICATION: For questions or clarification of specifications, you may contact: Primary Contact: Mike Schurwon, CPPB, CTPM Purchasing Department City of Round Rock E-mail: mschu'rwonnroundrocktexas.gov Secondary Contact: Juanita Fonseca, CTP Purchasing Department City of Round Rock E-mail: Loy EXHIBIT "A" Page 4 of 21 Downtown Christmas Lighting Products and Services lFB No. 17-025 Class/ham.- 888-54 August 2017 The individual listed above may be contacted by e-mail for clarification of the specifications only. No authority is intended or implied that specifications may be amended or alterations accepted prior to solicitation opening without written approval of the City of Round Rock through the Purchasing Department, 5. The City has established the following minimum qualifications. Bidders who donot meet the minimum qualifications will not beconsidered for award. The Bidder shall: 5.1. Be Orme. corporations, individuals or partnerships normally engaged to provide, |nmtmU and maintain oonmnneroie| grade Chhm*nma lighting and displays as specified herein and have adequate organization, taoU|Uem, equiprnent, financial oapabiUty, and personnel to ensure prompt and efficient service to the City; 5.2. Provide all |abor, supplies and materials required to satisfactorily perform the services aa specified herein and own or acquire at no cost to the City all equipment bidder deems necessary toprovide for the lease and maintenance ofChristmas lighting and displays. The City shall not be responsible for any bidder's equipnnent, too|m, or materials lost or damaged during the performance oythe services specified herein; 5.3. Be firms, corporations, individuals,or partnerships normally domiciled in or have a home office inside the United States including Williamson County and boarding counties. Bidders domiciled outside the United Gtates, or not having a home office inside the United 8tabym will not beincluded for consideration |nthis procurement process; 6. The Vendor shall be fully responsible to the City for all acts and omissions of the Subcontractors just as the Vendor is responsible for the Vendor's own acts and omissions. The Vendor shall: 81. Require that all deliverables, to be provided by the Subcontractor be provided in strict accordance with the provisions, specifications and terms of the Agreement; 8.2. Require that all Subcontractors obtain and maintein, throughout the term oftheir agreement, primary insurance in the type and amounts specified for the Vendor,with the City being named oaanadditional insured; and 6.3. Require that the Subcontractor indemnify and hold the City hmnn[ean to the same extent as the Contractor ie required toindemnify the City. 0.4. Awarded Contractor is required to submit a list oYall subcontractors for approval by the City prior touse ofany subcontractors. 7. DAMAGE: The Bidder shall be responsible for damage to the City's equipment and I or property, the workplace and its contents by its work, negligence in work, its personnel and equipment usage. 8. The City reserves the right to remove any employee from City property for violation of foderm|, state, and local hea|th, safety and environmental |avve, ordinances, rules and regulations, The Bidder shall: 8.1 Ensure that all employees comply with all Occupational Safety and Health Administration (OSHA), State and City safety and occupational health standards and other applicable federal, state, and local health, safety, and environmental laws ordinances, rules and regulations in the performance oYthese services; 8.2. Be held responsible for the safety of their employees and unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. |ncase of oonf|iot, the most stringent safety requirement shall govern; EXHIBIT vry Page 5of2l Downtown Christmas Lighting Products and Services IFB No. 17-025 Class/item: 988-54 August 2017 8.3. Indemnify and hold the City harmless from and against all claims, demands, suits, actions, judgments, fines penalties and liability of every kind arising from the breach of the Successful Bidders'obligations under this paragraph. 9. PRICING: The bidder shall determine and submit a fixed cost for the work and shall include all incidental costs, labor,overhead charges,travel,payroll expenses,freight,equipment acquisition and maintenance,demurrage,fuel surcharges,delivery charges,costs associated with obtaining permits, insurance, bonds and risk management No separate line item charges shall be permitted for either response or invoice purposes. 10. PRICE INCREASE: Contract prices for Downtown Christmas Lighting Products and Services shall remain firm throughout the initial twelve (12) month term of the contract. A price increase to the agreement may be considered on the anniversary date of the Contract each year and shall be equal to the consumer price index for that year, but at no time can the increase be greater than 15% for any single line item. 10.1. Consumer Price Index (CPI): Price adjustments will be made inaccordance with the percentage change in the U.S. Department of Labor Consumer Price Index (CPI-U) for all Urban Consumers, The price adjustment rate will be determined by comparing the percentage difference between the CPI in effect for the base year six-month average (January through June OR July through December); and each (January through June OR July through December six month average) thereafter. The percentage difference between those two CPI issues will be the price adjustment rate. No retroactive contract price adjustments will be allowed. The Consumer Price Index(CPI)is found at the Bureau of Labor Statistics,Consumer Price Index website: http:/Iwww,bis,gov/cpi . 10.2. Procedure to Request Increase: 1021. Mail the written price increase request with the rate detail comparison and comprehensive calculation and any supporting documentation to the designated City Contract Specialist a minimum of 45 days prior to the annual Contract anniversary date.The detailed written calculation will be verified and confirmed. All written requests for increases must include the City of Round Rock contract number, solicitation reference information and contact information for the authorized representative requesting the increase. Price increase requests shall be sent by mail to, City of Round Rock Purchasing Department Attn: Contract Specialist 221 East Main Street Round Rock,TX 79664-5299 10.2.2, Upon receipt of the request, the City reserves the right to either, accept the escalation and make change to the purchase order within 30 days of the request, negotiate with the Vendor or cancel the agreement or purchase order if an agreement cannot be reached on the value of the increase. 11. AGREEMENT TERM.- The terms of the awarded agreement shall as be follows: 11.1. The term of the Agreement shall begin from date of award and shall remain in full force for sixty (60) months. 11.2. The City reserves the right to review the awarded Bidders' performance anytime during the contract term. 12. ACCEPTANCE/INSPECTION: Acceptance Inspection should not take more than five (5) working days. The vendor will be notified within this time frame if the services provided is not in full compliance with the project scope. If any service is canceled for non-acceptance, the needed equipment or EXHIBIT "A" Page 6 of 21 Downtown Christmas Lighting Products and Services |FBNo. 17-025 Class/Item, 988-54 August 2017 service may be purchased elsewhere and the vendor may be charged full increase, if any, in cost and handling. PART 11 SPECIFICATIONS 1. SCOPE/SERVICE GENERAL REQUIREMENTS: Scope ofproject bz include tree lighting, light displays, and above street lighting 1.1. The City is seeking pricing on two options: Option A~"Lease Optiom"—to include the|maaa of the lights/displays for the duration of the Show. Bidder shall be responsible for the purchase and storage of the lights/displays. Bidder will retain ownership ofthe |iQhtm/diop|oyoupon conclusion ofthe Show. Bid shall also include the complete installation (includes setup and wrapping mf|ights/d|mplays, extension cords and all appurtenances needed for lighting to be installed and working), 24-houroncall mmrv|ce, maintenance and nyrnowo|of the lights. Bidder shall be responsible for all work and associated materials necessary to provide aturn'bey|nataUaUon, maintenance and removal of the lights/displays. Option B~"Purchase Option"—tm include the purchase of the lights/displays for the Show. Bidder shall be responsible for the purchase of the lights/displays. The City will be responsible for the storage of and retain ownership of the lights/displays upon conclusion of the Show. Bid mhmU also include the complete |nahaHmdon (includes setup and wrapping ofUghte/d|mp|aya. extension cords and all appurtenances needed for lighting to be installed and working), 24-hour on cm|| sen/|ce, maintenance and removal of the UQhbm. Bidder shall be responsible for all work and associated materials necessary to provide m turn-key insta||otion, maintenance and narnmva} of the UQhte/disp|ay. 1.2. All main tree trunks and branches to be wrapped with 4 inch vvnapo up to 25 feot, and canopies wrapped with LEO mini M8hba. 1.3, Small Tree Lighting—a ornmU tree shall be classified as m tree with a caliper of M^ or less. See "Attachment E - Downtown Christmas Lighting Map" for 1naos identified as omoU trees, Each Small Tree shall have a nnin}rnunn of 3.000 vverrn white LED lights. All Small Trees shall be wrapped as shown in^Attachment P—Lighting Exhibits" 1.4. K8ed|urn Tree Lighting- a medium tree shall be classified as a tree with a caliper of greater than 8"and less than 18" See"*oocmmems'Downtown Christmas Lighting Map"for trees identified as medium tnamm. Each Medium Tree shall have a minimum of 24,000 warm white LED |1ybto. All Medium Trees shall be wrapped as shown in "Attachment P —Lighting Exhibits". 1.5. Large Tree Lighting ' o large tree shall be classified as a tree with e caliper ofgreater than 16". See "Attachment E'Downtown Christmas Lighting Map" for trees identified as large trees. Each Large Tree shall have a minimum of 30.000 vvann vvh|be LED lights. All Large Trees shall be wrapped as shown in"Attachment F—Lighting Exhibits". 1.6. The lighting shall not use more than 10 amps per tree off of a 120-amp circuit. 1.7. All }|QhtimQ for Light O|ap|oys and Features shall be warm white, LED lighting. 1.8. Above Street Lighting —vvurrn white LEO "Festival" Lighting L|ghtinQ m/ith inline onckets, ino[ud(ng oab|e, connection anchors and all appurtenances needed kocomplete the installation. Existing light poles EXHIBIT "All Page 7uf2l Downtown Christmas Lighting Products and Services IFB No. 17-025 Class/item: 988-54 August 2017 shall be fitted with pole extension for Vendor to connect all Above Street Lighting. Vendor shall be responsible for all improvements after the pole extension including proper sizing of the cable, anchor attachments, etc. 1.9. Pole Light Garland Wrap— 15 feet of warm white, LED lighted garland, no ornaments, wrapped around pole lights. All Pole Lights shown on"Attachment E—Downtown Christmas Lighting Map" shall be wrapped as shown in "Attachment F — Lighting Exhibits." Please note that while the exhibit on Attachment F show garland with ornaments, the Vendor shall purchase and install garland without ornaments. 1,10. Pole Light Garland Wreath with Lights—City shall provide garland wreaths with lights and bow (the "Wreaths"). Vendor shall be responsible for installation:of Wreaths, connection of lights to power and removal of Wreaths upon completion of Show. Vendor shall coordinate with City on pickup and drop-off of Wreaths at the City's PARD Downtown Yard (300 South Burnet). Vendor shall provide City with a minimum of 72-hour notice prior to pickup and drop-off of Wreaths, 1,11. The Vendor shall be responsible for running all extension cords and associated appurtenances and connection of all lights/displays to receptacles. Lighting must be tested after installation— breakers will be flipped as necessary to allow testing. 1.12. Remote Light Timers — the City has timers or photocells on most of the electrical receptacles planned to be used for the Show. However, any receptacles that are discovered not to be included with a timeriphotocell, the Vendor shall install a Light Timer suitable to operate the lighting for the duration of the Show. Vendor shall be responsible for connection and programming of the timer. Payment for this item shall be made based on the actual quantity of Light Timers installed and operated. 1.13. If used, all extension cords must be rated for extended outdoor use. 2. Installation,Maintenance and Removal 2.1. No staples, nails or screws shall be used to penetrate the trees to secure extension cords or lights, and trees must be treated with adequate care to prevent damage or breakage. 2,2, Any trimming of branches must be coordinated with the City's Forestry Manager, Vendor shall not prune any tree without prior approval of the City's Forestry Manager. He may be contacted for additional information on allowable pruning or light installation methods: Emsud Horozovic, ehorozovic@roundrocktexas,gov, 512-341-3350. 23. Installation may start the 3rd week of October and must be 100%complete and fully operational by November 17, 2017, 2.4. I nstallation and deinstallation must be performed by individuals with adequate training in exterior electrical installations in a commercial district to ensure safe installation and performance. Vendor shall notify City immediately if any electrical issues or problems are discovered during installation. 2,5. All safety equipment, training, apparel, shall be provided by the Vendor to individual performing services. 2.6. All safety rules, laws, regulations, guidelines and practices must be followed at all times. Substandard materials or services shall not be acceptable. EXHIBIT "At' Page 8 of 21 Downtown Christmas Lighting Products and Services IFB No, 17-025 Class/Item- 988-54 August 2017 2.7. The installation area is active in daytime and at night, a local commercial district with limited parking and much pedestrian activity. Local business access cannot be blocked for long periods of time, and the operations of the City Hall located at 221 East Main Street may not be impeded, during business hours, 2.8. Week day and Sunday installation is approved before 11:00 a.m.and after 9:00 p.m., parking and activity are not as concentrated and installation activities are less restricted. Work on Fridays and Saturdays must be done before 10:00 a.m. or after 10:00 p.m. on Main Street. 2.9. The vendor shall be responsible for periodic inspection and maintenance of lighting to assure that lights are operational. The City requires a response time of no more than 24 hours, 7 days a week, as rain and wind commonly cause problems. NO EXCEPTIONS! 2.14. The vendor is responsible for the safe removal of the lighting at the end of the holiday season. Trees/structures shall not be damaged and must be returned to their prior state. Lighting shall be removed in the 31d week of January. 2.11. If Option B—Purchase Option is selected,the Vendor shall be responsible for removal of all lighting and displays, storage of lighting into City provided bins and delivery of storage bins and displays to PARD Downtown Yard(300 South Burnett), Vendor shall coordinate with City and shall provide City with a minimum of 72-hour notice prior to delivery of storage bins and/or displays to PARD Downtown Yard. 3. City Responsibilities 3.1. Adequate power will be provided in the installation area to allow testing of installation. 3.24 City will be responsible for turning on/off the Show. Timers/photocells will be utilized on most receptacles. 3.3, If Option B is selected the City will be responsible for storage of lighting purchased at the conclusion of the Show. City shall provide bins to Vendor for storage of lights. City will also provide covered storage space in the PARD Downtown Yard (300 South Burnett) for Vendor to deliver all storage bins and light displays to upon removal of the Show. 3.4. The City shall provide wreaths for installation on"Pole Lights" referenced in Section 1.10 of the specification.The wreaths are the property of the City and shall be returned to the City when lighting is removed. 4. Delivery and Installation: The Bidders price shall include the following: 4.1. Freight and delivery to Downtown Round Rock area of specified equipment in new condition and ready for continued use. 4.2. All materials, product and labor for delivery, unpacking and installation services necessary for the complete Christmas lighting and displays specified. 4.3. Any equipment that is delivered. in damaged or non-working condition shall be removed and replaced within 24 hours. 4,4. All lighting and display set-up and acceptance testing shall be coordinated with City. 4.5, Removal and disposal of all associated rubbish. 4.6. Final site clean-up. EXHIBIT "A" Page 9 of 21 Downtown Christmas Lighting Products and Services IFB No. 17-025 Class/Item: 988-54 August 2017 5, Communication, The successful bidder shall provide communication equipment as necessary to perform the Services. This may include 2-way radios, pagers, cellular phones, telephone answering devices, e-mail and fax machine. 6. Service Requirement Location: Services shall be performed at the City location as follows: City of Round Rock 221 E.Main Street Round Rock,Texas, 78664 7. Point of Contact/Designated Representative: 7A. Bidder's Point of Contact: In order to maintain consistent standards of quality work performed at the Downtown Christmas Light Show, the City shall be provided with a designated and identified point of contact upon award of the contract to include contact information. The City's designated representative shall be notified by the bidder immediately should the point of contact change. 72 The City's designated representatives for the Downtown Christmas Light Show shall be: Name/Title David Buzzell,Assistant Director, Parks and Recreation Phone (512) 341-3345 Email dbuzzel@roundrocktexas,gov 8. Workforce: Successful Bidder shall: 8.1. The Vendor shall employ only orderly and competent workers, skilled in the performance of the services which they shall perform under the Agreement. 8.2. The Vendor, its employees, subcontractors, and subcontractor's employees while engaged in participating in an Agreement or Purchase Order or while in the course and scope of delivering goods or services under a City agreement may not; 8.2.1. Use or possess a firearm, including a concealed handgun that is licensed under state law, except as required by the terms of the agreement; or 8.2.2. Use or possess alcoholic or other intoxicating beverages, illegal drugs or controlled substances, nor may such workers be intoxicated, or under the influence or alcohol or controlled substances, on the job. 8.3. If the City or City's representative notifies the Vendor that any worker disorderly, disobedient or incompetent, has knowingly or repeatedly violated safety regulations, has possessed an firearms, or has possessed or was under the influence of alcohol or controlled substances on the job, the Vendor shall immediately remove such worker from Agreement services, and may not employ such worker again on Agreement services without the City's prior written consent. 9. Permits: The Successful Bidder shall obtain all necessary permits, licenses, and/or certificates required by federal, state and local laws, ordinances, rules or regulations for the completion of the services as specified herein. EXHIBIT "A" Page 10 of 21 Downtown Christmas Lighting Products and Services IFB No. 17-025 Class/ftem: 988-54 August 2017 PART III SCHEDULE AND RESPONSE INSTRUCTIONS 1. SCHEDULE OF EVENTS.: It is the City's intention to comply with the following solicitation timeline: EVENT DATES Solicitation released August 25, 2017 Mandatory Pre-Bid Meeting and Site Visit August 30, 2017 @ 9:00 AM, CST Deadline for submission of questions I August 31, 2017 @ 5:00 PM, CST City responses to questions or addendurns September 5, 2017 @ 5:00 PM, CST Deadline for submission of responses September 8, 2017 @ 3:00 PM, CST All questions regarding the solicitation shall be submitted in writing by Thursday August 31, 2017, at 5,00 p.m., CST on the due date noted above to: Mike Schurwon, CPPB, CTPM, Purchasing Department at: mschurwon(cD-roundrocktexas.qov A copy of all the questions submitted and the City's response to the questions shall be posted in writing by Tuesday September 5, 2017 @ 5:00 p.m. on the City's webpage in the form of an addendum at: hftps://www.roundrocktexas.go L/dep rtments/p urc,ha.s.ing/purchasing-active-solicitations/ _q NOTE: The City reserves the right to modify these dates. Notice of date change will be posted to the City's website. 2. SOLICITATION UPDATES: Bidders shall be responsible for monitoring the City's website for any updates pertaining to the solicitation described herein at: https://www.roundrocktexas.gov/depgftmegts/pu,rch,asi,ng/ourchasin,g-active-solicitations/ Various updates may include addendums, cancelations, notifications, and any other pertinent information necessary for the submission of a correct and accurate response, The City will not be held responsible for any further communication beyond updating the website, 3. MANDATORY PRE-BID MEETING/SITE VISIT: A pre-bid solicitation meeting, site visit, and inspection will be conducted to fully acquaint Bidders with the facilities, difficulties and/or restrictions inherent in the services specified. The pre-solicitation meeting will be conducted on the date specified in the Schedule of Events (Part 111, Section 1). Site visit coordinator for the purposes of this IFB solicitation is: David Buzzell, Assistant Director for Parks and Recreation, Telephone: (512) 341- 3345 or email at: dbuzzell(cDroundrocktexas.gov Attendance at the pre-bid solicitation meeting is "MANDATORY" and bidders shall sign-in at the pre-bid solicitation meeting to document their attendance, Immediately following the pre- solicitation meeting, a site visit tour will be conducted to enable bidder(s) to determine labor, equipment, supplies and materials necessary to perform the services specified herein. City of Round Rock City Council Chamber, 1st Floor 221 E. Main Street Round Rock,Texas 78664 3.1. Bidder(s)will be responsible for their own transportation for the site visit tour, EXHIBIT "A" Page 11 cif 7l Downtown Christmas Lighting Products and Services IFB No. 17-025 Class/item: 988-54 August 2017 3.2. It is the responsibility of the Bidder to examine each location to determine equipment, supplies, and labor needed to fulfill the requirements of the Downtown Christmas Products and Lighting Services specifications, 4. RESPONSE DUE DATE: Signed and sealed responses are due at or before Friday September 8, 2017,at 100 p..m,, on the due date noted in Part 111, Section 1. Mail or hand deliver sealed responses to: City of Round Rock Attn: Mike Schurwon,CPPB, CTPM Purchasing Department 221 E. Main Street City Hall -1st Floor Receptionist Desk Round Rock,Texas 78664-5299 4.1. Sealed responses shall be clearly marked on the outside of packaging with the Company name, Solicitation number(IFB No. 17-025)title (Downtown Christmas Lighting Products and Services), due date, time, and"DO NOT OPEN". 42. Facsimile or electronically transmitted responses are not acceptable, 4.3. Responses cannot be altered or amended after opening. 4.4. No response can be withdrawn after opening without written approval from the City for an acceptable reason. 4.5. The City will not be bound by any oral statement or offer made contrary to the written specifications. 4Z. Samples and/or copies shall be provided at the bidder's expense, and shall become the property of the City, 5. BEST VALUE EVALUATION CRITERIA: The City reserves the right to reject any or all responses, or to accept any response deemed most advantageous, or to waive any irregularities or informalities in the response received that best serves the interest and at the sole discretion of the City. All solicitations received may be evaluated based on the best value for the City. In determining best value, the City may consider. 5.1. Purchase price; 5.2, Reputation of Bidder and of Bidder's goods and services; 5.3. Quality of the Bidder's goods and services; 5.4. The extent to which the goods and services meet the City's needs; 5.5. Bidder's past performance with the City; 5.6. The total long-term cost to the City to acquire the Bidder's goods or services; 5.7. Any relevant criteria specifically listed in the solicitation. Bidders may be contacted for clarification of bid and/or to discuss details of the services they are proposing. This may include a presentation and/or the request for additional material/information to clarify, 6. AWARD: The City may choose to not award an Agreement. Split awards between Vendors may be made at the sole discretion of the City, The City reserves the right to enter into an agreement or a purchase order with a single award,split awards, or use any combination that best serves the interest and at the sole discretion of the City. EXHIBIT "Alt Page 12 of 21 Downtown Christmas Lighting Products and Services IFB No, 17-025 Class/Item: 988-54 August 2017 7. POST AWARD MEETING: The City and Successful Bidder(s) may have a post award meeting to discuss, but not be limited to the following: 7.1. The method to provide a smooth and orderly transition of services performed from the current contractor; 7.2, Provide City contact(s)information for Implementation of agreement; 7.3. Identify specific milestones, goals and strategies to meet objectives. 8. 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 affect such termination by giving Vendor a written notice of termination at the end of its then current fiscal year. 9. INTERLOCAL COOPERATIVE CONTRACTING (PIGGYBACK): Other governmental entities may be extended the opportunity to purchase off the City's agreements, with the consent and agreement of the awarded Vendor(s)and the City. Such consent and agreement shall be conclusively inferred from lack of exception to this clause in a Bidder's submittal, However, all parties indicate their understanding and hereby expressly agree that the City is not an agent of, partner to,or representative of those outside agencies or entities and that the City is not obligated or liable for any action or debts that may arise out of such independently-negotiated"piggyback"procurements. PART IV RESPONSE REQUIREMENTS The City of Round Rock makes no warranty that this checklist is a full comprehensive listing of every requirement specified in the solicitation. This list is only a tool to assist participating bidders in compiling their final responses. Bidders are encouraged to carefully read the entire solicitation. Bidders shall submit one (1) evident signed "Original" and three (3) hard copies of the bid response requirements including any required attachments and one (1) electronic copy of IFB response on flash drive. The samples and/or copies shall be provided at the bidder's expense, and shall become the property of the City. This invitation for bid (IFB) does not commit the City to contract for any supply or service. Bidders are advised that the City will not pay for any administrative costs incurred in response preparation to this IFB; all costs associated with responding to this IFB will be solely at the interested parties' expense. Not responding to this IFB does not preclude participation in any future RFP/RFQ/IFB. For your bid to be responsive, all required items identified below shall be submitted with your proposal. Attachment A- Bid Sheet: Responses shall be submitted on itemized, signed Bid Sheet provided herein. Failure to itemize or sign solicitation may result in disqualification. Submission of responses on forms other that the City's Solicitation Document may result in disqualffication of the response. Attachment B-Bidder's Questionnaire: Provide completed Bidders Questionnaire,which includes Contractor name, address, telephone/fax numbers, E-Mail, date, number of years providing commercial equipment leasing services, number of employees assign to contract, and equipment list. Attachment C - Bidder's Reference Sheet: Provide completed Bidder's Reference Sheet, which includes the name, address, telephone number and E-Mail of at least three (3) Municipal, Government agencies or firms of comparable size that have utilized similar service within the last two EXHIBIT "A" Page 13 of 21 Downtown Christmas Lighting Products and Services IFB No. 17-025 Class/Item: 988-54 August 2017 (2) years. City of Round Rock references are not applicable. References may be checked prior to award. Any negative responses received may result in disqualification of submittal. Attachment D - Addendum Acknowledgment Form: Provide signed copy of the Addendum Acknowledgement Form or a signed copy of each issued addendum with bid upon submission. Attachment E-Downtown Christmas Lighting Map Attachment F-Lighting Exhibits NOTE: The following items shall be made available upon request by the City prior to award and the approval of any contract: Proof of insurance for General Liability, Worker's Compensation and standard automobile liability coverage as set forth by the Insurance Requirements as identified on the City's website at: https://wvAv.roundrocktexas.g.ov/wp-content/uploads/2014/12/corr insurance 07.20112. df PART V CONFIDENTIALITY OF CONTENT 1. CONFIDENTIALITY OF CONTENT:All documents submitted in response to a solicitation shall be subject to the Texas Public Information Act. Following an award, responses are subject to release as public information unless the response or specific parts of the response can be shown to be exempt from the Texas Public Information Act. Pricing is not considered to be confidential under any circumstances, 1.1. Information in a submittal that is legally protected as a trade secret or otherwise confidential must be clearly indicated with stamped, bold red letters stating"CONFIDENTIAL"on that section of the document. The City will not be responsible for any public disclosure of confidential information if it is not clearly marked as such. 1.2. If a request is made under the Texas Public Information Act to inspect information designated as confidential, the Bidder shall, upon request from the City, furnish sufficient written reasons and information as to why the information should be protected from disclosure. The matter will then be presented to the Attorney General of Texas for final determination. PART VII GENERAL TERMS AND CONDITIONS I INSURANCE REQUIREMENTS (ITEMS BELOW APPLY TO AND BECOME A PART OF THE CONTRACT) I INSURANCE: The Bidder shall meet or exceed all insurance requirements set forth by the Insurance Requirements as identified on the City's website at: https://www,roundrocktexas,gov/wp-conten.tluploads/2014/12/corr insurance 07.20112. df 2. DEFINITIONS,TERMS AND CONDITIONS: By submitting a response to this solicitation, the Bidder agrees that the City's standard Definitions, Terms and Conditions, in effect at the time of release of the solicitation, shall govern unless specifically provided otherwise in a separate agreement or on the face of a purchase order. Said Definitions, Terms and Conditions are subject to change without notice. It is the sole responsibility of Bidders to stay apprised of changes. The City's Definitions, Terms and Conditions can be obtained from the City's website at: hftps://www,roundrocktexas.gov/wp-content/uploads/2014/12/`corr t c revised 07.2011. df 3. PROMPT PAYMENT POLICY: Payments will be made in accordance with the Texas Prompt Payment Law, Texas Government Code, Subtitle F, Chapter 2251. The City will pay Vendor within thirty days after the acceptance of the sffilies materials, equipment, or the day on which the EXH IT "Alf Page 14 of 2) Downtown Christmas Lighting Products and Services IFB No. 17-025 Class/Item: 988-54 August 2017 performance of services was completed or the day, on which the City receives a correct invoice for the supplies, materials, equipment or services,whichever is later. The Vendor may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in accordance with this prompt payment policy; however, this policy does not apply to payments made by the City in the event: 3.1. There is a bona fide dispute between the City and Vendor concerning the supplies, materials, services or equipment delivered or the services performed that causes the payment to be late; or 3.2. The terms of a federal agreement, grant, regulation, or statute prevent the City from making a timely payment with Federal Funds; or 3.3. The is a bona fide dispute between the Vendor and a subcontractor or between a subcontractor and its suppliers concerning supplies, material, or equipment delivered or the services performed which caused the payment to be late-, or 3.4. The invoice is not mailed to the City in strict accordance with instructions, if any, on the purchase order or agreement or other such contractual agreement. EXHIBIT "A" Page 15 of 21 Downtown Christmas Lighting Products and Services IFB No. 17-025 Class/item:988-54 August 2017 ATTACHMENT A: BID SHEET Downtown Christmas Lighting Products and Services NOTE: Please complete the attached Excel spreadsheet for Christmas Lighting Products and Services for Option A-Lease Option - Including Installation and Removal and Option B - Purchase Option -City to Purchase Lighting and Cost for Vendor to provide Labor; including installation, maintenance and removal. Attachment A: Bid Sheet to be posted to the City of Round Rock website at: https://www.roundrocktexas.gov/departments/purchasing/purchasing-active-solicitations/ EXHIBIT "A" Page 16 of'-^)I I of Attachment A-Bid Sheet Downtown Christmas Lighting Products and Services IFS-No. 17-025 Special Instructions;All prices per Option must be quoted in order to be considered responsive, be advised that exceptions taken to any portion of the solicitation may jeopardize acceptance of the bid.The City reserves the right to purchase more or less than the quantities indicated below. Option A-Lease Option-Including Installation Maintenance and Removal No. Description Estimated Unit Cost Extended Total Quantity(Ea) 1 Small Tree Lighting per Specification 72 $ 455.00 $ 32.760.00 2 Medium Tree Lighting er Specification 18 1.070.00 $ 35,460.00 3 Large Tree Liqhtinq per Specification 13 $ 3,180.00 $ 41,340.00 Dekra-Lite 10' Regal Illuminated Gift Box(GMEMXXXLWWGIFT10)with Warm White LED mini Lights; or approved equal: Make/Model 4 1 $ 2:270.00 $ 2,270.00 Dekra-Lite 9' Regal Illuminated Deer(GMGK100515266)with Warm White LED mini Lights: or approved equal: 5 Make!Model 1 $ 2,020.00 $ 2,020.00 Dekra-Lite 6 5' Regal Illuminated Snowflake(GMEM800LWWSNGLD)with Warm White LED mini Lights, or approved equal: Make/Model: 6 1 $ 1.203.00 $ 1,203.00 Dekra-Lite 9' Regal Illuminated Ring(GMGK100517980)with Warm White LED mini Lights: or approved equal: 7 Make/Model 2 $ 3,770.00 $ 7,540.00 Dekra-Lite 6.5' Regal Illuminated Star(GMEM100513738)with Warm White LED mini Lights: or approved equal: Make/Model. 8 1 $ 1.203.00 $ 1,203.00 Dekra-Lite Regal Illuminated Walk Through Ornament(GMEM1 1 12LWWRING)with Warm White LED mini lights or approved equal: Make.:Model 9 1 1 $ 2 343.00 2,34300 2 of 5 Attachment A- Bid Sheet Downtown Christmas Lighting Products and Services IFB-No. 17-025 Leblanc Illuminations Walk Through 3-D Gift Box with Warm White LED lights,or approved equal: MakeModel 10 1 $ 8,000.00 $ 8,000,00 Leblanc Illuminations Decor 30 AP'Coeur de No I'Walk Through 3-D Ornament with Warm White LED lights: or approved equal. 11 Make/Model 1 $ 14,000.00 14,000.00 12 Pole Light Garland` 'rap 47 $ 112.00 5.264,00 13 Pole Light. Garland Wreath with Lights(provided by CORR). x'�INSTALLATIONONLYY" 47 $ 35,00 $ 1 645.00 14 Above Street Liqhtinq-Main Street 2265 LF $ 2.75 $ 6,228.75 15 Above Street Liqhtinq-Brown Street 1502 LF $ 2 75 4 130.50 16 jAbove Street Lighting-Mays Street 3906 LF S 2.75 $ 10,741.50 Total for Option A- Annual Lease $ 176 148.75 Option B - Purchase Option -City to Purchase Lighting and service cost for Vendor to provide Labor; including Installation, Maintenance and Removal Estimated Unit Cost Extended Total Quantity(Ea) No. Description Lines 17-31 Purchase Price for Lighting Supplies Only 17 Small Tree Lighting per Specification 72 350.00 $ 25.200.00 18 Medium Tree Lighting per Specification 18 $ 2,800.00 $ 50.400.00 19 Large Tree Lighting per Specification 13 $ 3.500.00 $ 4550000 3 of Attachment A-Bid Sheet Downtown Christmas Lighting Products and Services IFB-No. 17-025 Dekra-Lite 10' Regal Illuminated Gift Box(GMEMXXXLWWGIFT10)with Warm White LED mini Lights; or approved equal: Make/Model 20 1 $ 4,700.00 $ 4,700.00 Dekra-Lite 9' Regal Illuminated Deer(GMGK100515266)with Warm White LED mini Lights; or approved equal: Make/Model 21 1 $ 5,400.00 $ 5,400.00 Dekra-Lite 6.5'Regal Illuminated Snowflake(GMEMSOOLWWSNGLD)with Warm White LED mini Lights;orapproved equal: Make/Model: 22 1 $ 2,300.00 $ 2,300.00 Dekra-Lite 9' Regal Illuminated Ring (GMGK100517980)with Warm White LED mini Lights; or approved equal- 23 Make/Model 2 $ 9,960.00 $ 19,920.00 Dekra-Lite 6.5' Regal Illuminated Star(GMEM100513738)with Warm White LED mini Lights; or approved equal: Make/Model: 24 1 $ 3,100.00 $ 3,100.00 Dekra-Lite Regal Illuminated Walk Through Ornament(GMEM 1112LWWRI NG)with Warm White LED mini lights; or approved equal: 25 Make/Model 1 $ 5,100.00 $ 5,100.00 Leblanc Illuminations Walk Through 3-D Gift Box with Warm White LED lights;orapproved equal: Make/Model 26 1 $ 24,000.00 $ 24,000.00 Leblanc Illuminations Decor 3D AP'Coeur de Noel'Walk Through 3-D Ornament with Warm White LED lights;orapproved equal: 27 Make/Model: 1 $ 40,000.00 $ 40,000.00 28 Above Street Lighting-Main Street 2265 LF $ 4.50 $ 10,192.50 29 Above Street Lighting -Brown Street 1502 LF $ 4.50 $ 6,759.00 30 Above Street Lighting-Mays Street 3906 LF $ 4.50 $ 17,577.00 31 Pole Light-Garland Wrap per Specification 47 $ 80.00 $ 3,760.00 a. 777- Annual Labor Charge for Installation, Maintenance and Removal of Lighting and Decorations listed 32 for line items 17-30 One(1) Lot $ 96,000.00 4 of S Attachment A-Bid Sheet Downtown Christmas Lighting Products and Services IFB-No.17-025 Pole Light-Garland Wreath with Lights(wreaths provided by CORR).'}"INSTALLATION ONLY` 33 (Line 31) 47 $ 35.00 $ 1,645.00 Total for Option B-Annual Purchase Option with Labor I S 361,553.50 Additional Services-(Information Only)The City may require additional lighting or services under this Agreement.Complete pricing below An additional$10,000in annual dollar authority will beadded to each term of the contract for the optional purchase of goods and services No. Description 34 °%.> Discount for additional decorations 15% 35 Hourly Labor Rate for additional services 37.5 -------------------------------- 36 (Option B only)Service cost to install, maintain and remove lighting for small tree Qty 1-EA $300.00 37 (Option B only)Service cost to install, maintain and remove lighting for one medium tree Qty 1-EA $1,500.00 38 (Option B only)Service cost to install, maintain and remove lighting for one large tree Qty 1-EA $2,400.00 39 (Option B only)Service cost to install, maintain and remove lighting for Pole Light Garland Wrap Qty 1-EA $80.00 40 (Option B only)Service to isntall and maintain lighting for one large tree year round Qty 1-EA $3,900.00 41 (Option B only)Service cost to install and maintain over the street lighting year round Qty 1-Lot $7,700.00 42 Cost to provide, install and program Remote Light Timer for lights. Qty 1-EA 1$15.00 COMPANY NAME: Decor IQ SIC N.,kTCREOFAt;TuORIZEDREPRESENT.Vri: :—rt 5 of 5 Attachment A- Bid Sheet Downtown Christmas Lighting Products and Services IFB-No.17-025 PRINTED NAME:_Mark Metzger EMAIL ADDRESS:_ mmetzger@decoriq.net:- "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 ofthis State,codified in Section 15.01 et seq.,Texas Business and Commerce Code,orthe Federal antitrust laws,nor communicated directly or indirectly,the response 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 bid. Downtown Christmas Lighting Products and Services |FBNo. 17-025 Class/item: 988-54 August 2017 ATTACHMENT 13: BIDDER'S QUESTIONNAIRE Any and all firms considering the Downtown Christmas Products and Lighting Services contract, must complete and submit the information requested below, NOTE Bidders questionnaire isopart ofthe bid response. Bidders who fail tosubmit this information, or if the City receives a negative reference or no reference responses based on bidder's submitted reference list, bidder's response will boconsidered non'remponsive. CONTRACTOR NAME: PHYSICAL ADDRESS{]FEQUIPMENT: TELEPHONE. ^��`� �z FAX: EMAIL: � OATE - \ - 1 State the your f�mhas provided Chhm��aalighting produo�and leasing services . '-__ 2. State the number of employees who will be designated to work on this contract; 3. EQUIPMENT LIST: List all equipment you plan to dedicate to this project(s)'. Note: Attach eseparate sheet if necessary. All equipment must bmequipped with safe guards uooutlined byANSI and OSHA, 4. Doplan onusing subcontractors? YeaNo 'x NOTE: If yes, bidder(a)shall provide o list of subcontractors with their bid naoponao, which is to include subcontractor business name, address, contact name, and telephone number, ���7��l[��l[�� vv /� vv u��n����*��� z� Downtown Christmas Lighting Products and Services IFB No. 17-025 Class/Item, 988-54 August 2017 ATTACHMENT C: BIDDER'S REFERENCE SHEET PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE SOLICITATION NUMBER: BIDDER'S NAME: 1)ctoca_ ' DATE: — 21c' Provide the name,address,telephone number and e-mail of at least three(3)Municipal and/or Government agencies or firms of comparable size that have utilized similar service within the last two(2)years. City of Round Rock references are not applicable. References may be checked prior to award. If references cannot be confirmed or if any negative responses are received it may result in the disqualification of submittal. 1. Company's Name Name of Contact Title of Contact E-Mail Address Present Address . .......... City, State, Zip Code CJ i Ac' Telephone Number Fax Number. PAL 2. Company's Name (2�'clV" L Name of Contact _7 Title of Contact N E-Mail Address Present Address 01 City, State, Zip Code - 6 Telephone Number i,2-- _d . Fax Number* 3, Company's Name Name of Contact YSEI A V'l Title of Contact NA 6k 11 2Je-E,k.r E-Mail Address Present Address yc�, City, State, Zip Code Tls� Telephone Number �2 Fax Number: FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY AUTOMATICALLY DISQUALIFY THE: RESPONSE FROM CONSIDERATION FOR AWARD. EXHIBIT "A" Page 18 of 21 Downtown Christmas Lighting Products and Services /F8No. 17-O25 Clamn/bom: Q88'54 August 2017 ATTACHMENT D ADDENDUM ACKNOWLEDGMENT FORM NOTE: If multiple eddenduma have been isaued. Bidders may complete and return this attachment with their proposal in place of the individual addendumo to be submitted. Failure to provide either this form or the individual addendums with signatures may result in disqualification of the proposal, Addenda Acknowledgment: The undersigned acknowledges the receipt ofthe following Addanda� Addendum#; Dated: u Addendum#: Dated: Addendum#: Dated: Addendum Dated: Addendum#: Dated: ~T� Bidder(Company): ----------- Signature(in ink): Name(Typmd/pdmted): Title: - EXHIBIT "Avv 21 Downtown Christmas Lighting Products and Services IFB No. 17-025 Class/Item: 988-54 August 2017 ATTACHMENT E DOWNTOWN CHRISTMAS LIGHTING MAP Attachment E: Downtown Christmas Lighting MAP to be posted to the City of Round Rock website at: https://www.roundrocktexas.gov/departments/purchasin.q/purchasing-active-solicitations/ EXHIBIT "A" Page 20 of2l I Downtown Christmas Lighting Products and Services IFB No. 17-025 Class/Item: 988-54 August 2017 ATTACHMENT IF LIGHTING EXHIBITS Attachment F: Lighting Exhibits to be posted to the City of Round Rock website at, hftps://www,roundrocktexas.gov/departments/purchasinqfr)urchasing-active-solicitations/ EXHIBIT "All Page 21 of 21 « LIGHTING E LIGHTING ^* ; LIGHTING � 4� yY M GARLAND WRAP ET LIGHTINGRX :a w � r:'e YA NJ r� iAr'x M i1 so fool» � } �m � �, � ;�1 � y¢',,A•e.,a ''aid � ..«.� a��� �C`. �> \ 94 V1, et, 000 k TA _Ao wr+r 161, 3 , ATTACHMENT P - DOWNTOWN CHRISTMAS LIGHTING MAF' (OVERALL)' _._...................... . t r3 LEGEND _ SMALL TREE LIGHTING MEDIUM TREE LIGHTING LARGE TREE LIGHTING d Q POLE LIGHT-GARLAND WRAP ABOVE STREET LIGHTING ; f 43. 1 } 4 9 y Nv V, ^ w `�� ,�. '�`�K'as.� ,2 .ur..^.i` � ,� "s:"�.,,"4i � ..t e' '.Y,• it .'.�_� —i a� � /"�. d. ! ! , a , rA" 4 .P _ ATTACHMENT 'E' - DOWNTOWN CHRISTMAS LIGHTING MAP (AREA 1) w� LEGEND ` , + ` I > M z • SMALL TREE LIGHTING 4 t '. ,, #• MEDIUM TREE LIGHTING LARGE TREE LIGHTING , O POLE LIGHT—GARLAND WRAPslow iS i 1 E ABOVE STREET LIGHTING ITT'pil na oz, ,� " , , , - z f a J N-1 e SIT"/ > t i s :• i i s Ul ft a f a ATTACHMENT 'E` - DOWNTOWN CHRISTMAS LIGHTING MAP (AREA 2) , LEGEND Y z « . , • SMALL TREE.LIGHTING t r VAS N4EDIUM TREE LIGHTING LARGE TREE LIGHTNG a f I3 POLE LIGHT-GARLAND iINIRAP W.w.., & ' ABOVE STREET LIGHTINGs %.Aa �.r^"` '';y,e,..,•� „,..t..... ..^"._. Cyt"; q 5"' '• 1 k � _..,5'� �. � fid' 'r Mx"'�'�` M.F �4 h ,! 5, , g t , 5 a .y yy in„max!"yr';� ..,++M._ .•. a an. All r i s , M r E ■" ' ` - -=3 —_._ - .... _. _._. LEGEND fig ; • SMALL TREE LIGHTING n MEDIUM TREE LIGHTING * ' A LARGE TREE LIGHTINGIV U POLE LIGHT-GARLAND WRAP tx ABOVE STREETLIGHTING ........... ww �� vw w r w^ l i x , Y r u J, d , , ATTACHMENT 'E' - DOWNTOWN CHRISTMAS LIGHTING MAP (AREA 4) ROUND ROCK TEXAS PMCHl141NII ONlASON CITY OF ROUND ROCK IFB NO. 17-025 DOWNTOWN CHRISTMAS LIGHTING PRODUCTS &SERVICES IFB No. 17-025 Addendum No. 1 Date: September 5, 2017 Addendum No. 1, dated September 5, 2017, is being issued to respond to all questions submitted by the deadline on Thursday, 08/31/17, c@ 5:00 p.m. for IFB No. 17-025 — Downtown Christmas Lighting Products and Services as outlined below: The following is an addition to the original specifications in reference bidder responses and payment for the Downtown Lighting Products and Services as follows: Bidders shall submit their bid for the Downtown Christmas Lighting Products and Services as itemized on Attachment A: Bid Sheet. However, please be advised the City of Round Rock will"only" process payment for"actual" Downtown Christmas Lighting Products and Services installed during the 18'year of the contract based on the availability of the lighting products and services. This clarification is based on the concern expressed regarding availability and shipment times for the amount of products requested in the bid. The following are answers to questions addressed by prospective bidders at the mandatory pre- bid meeting and site visit as follows: Question No. 1: Is the City going to install the pole extension? Answer: Yes. The City will provide all poll extensions with eyelets. Vendor is responsible for all anchors, cables, and any additional equipment required for installation. Question No. 2: Is there a height restriction for overhead lighting? Answer: Yes. The height restriction for overhead lighting is 16 feet. Question No. 3: Are the main tree trunks and branches to be wrapped with 4 inch wraps up to 25 feet on the trees? Answer: Yes, please refer to Part 11 Spec., 1.2—Tree Trunks and branches. Question No. 4: How far apart is the spacing of the sockets for the Festival lighting? Answer: All festival lighting (Above Street Lighting) shall be inline (base) sockets spaced 24" o.c. with T50/S14 LED lights with Smooth Plastic Cover. EXHIBITPageAA CITY OF ROUND ROCK IFB NO. 17-025—ADDENDUM NO. 1 DOWNTOWN CHRISTMAS LIGHTING PRODUCTS &SERVICES (CONTINUED) Question No. 5: Can the City clarify the type of bulb lights (814s if applicable) required? Answer: All festival lighting (Above Street Lighting)shall be inline (base) sockets spaced 24" o.c.with T50/S14 LED lights with Smooth Plastic Cover. Question No 6: Does the City want glass or plastic light covers? Answer: The City requires plastic light covers. Question No. 7: How many circuit panels are available for the lighting installation? Answer: An electrical diagram for Downtown is in progress but will not be completed prior to Bid Opening. City will provide awarded Vendor with electrical diagram prior to installation. Question No. 8: Is Line Item #9 for the Dekra-Lite Regal Illuminated walk through ornament with warm white LED lights for Option A: Lease Option the same as Line Item #25 for the Dekra-Lite Regal Illuminated walk through ornament with warm white LED lights for Option B: Purchase Option? Answer: Yes Question No. 9: What are the hours of installation? Answer: Please refer to Part 11, Specifications, Section 2. Installation, Maintenance, and Removal, 2.8. Week day and Sunday installation outlined in IFB 17-025—Downtown Christmas Lighting Products and Services document, page 9 of 21. Question No. 10: Are permits required? Answer: Yes. If applicable, awarded Contractor is responsible for obtaining necessary federal and state permits. The City of Round Rock does not have permits required for the installation of lighting or lighting elements related to this project. Please refer to Part 11, Specifications, Section 8. Permits, outlined in IFB 17-025—Downtown Christmas Lighting Products and Services document, page 9 of 21. Question No. 11: Will the City be responsible for coordinating street lane closures with the awarded Contractor? Answer: Yes, 48-hour prior notice will be required. City will provide barricades for closures and will notifying affected business and property owner of street closure. Question No. 12: Will the Contractor be responsible for the lighting of twelve (12) trees that are not currently planted in Area#2? Answer: Yes. Contractor will be responsible for the lighting of a quantity of twelve (12) Small Trees if planted by the City prior to the holiday light Show. Question No. 13: Can the City provide a previous bid tabulation sheet for the Downtown Christmas Lighting Products and Services project? Answer: There is no previous bid tabulation sheet for this project as the Downtown Christmas Lighting Products and Services solicitation is for new products and services. EXHIBITagAD5 CITY OF ROUND ROCK IFB NO. 17-025—ADDENDUM NO. 1 DOWNTOWN CHRISTMAS LIGHTING PRODUCTS &SERVICES (CONTINUED) Question No. 14: Can the awarded Contractor use booms on the City sidewalks during the installation of all lighting? Answer: Yes. However, awarded Contractor"shall" lay down plywood on all City sidewalks during use of booms for installation of all City lighting. Question No. 15: Will electrical power be available at the top of City lamp posts? Answer: Yes Question No. 16: Shall all lighting not use 10 amps per tree off of a 120-amp circuit? Answer: Upon further review of electrical loads, all lighting with the exception of the Medium Trees and Large Trees shall use less than 10 amps on a 120V circuit. Medium and Large Trees shall be allowed to go above 10 amps on a single circuit or will be split between two (2) circuits. City will coordinate with awarded Vendor on details of electrical distribution. Question No. 17: How old are all of the City's trees? Answer: All City trees are from 3 months old up to up 8 years old. Question No. 18: Can bidders submit a bid based on an"Average" number of lights for the Small (3,000 warm white LED), Medium (24,000 warn white LED), and Large (30,000 warm white LED)trees vs. a "Minimum" number of lights? Answer: Bidders are to submit their bid based on an "Average" number of lights for the Small (3,000 warm white LED), Medium (24,000 warm white LED), and Large (30,000 warm white LED) trees as specified in Part II, Specifications, 1. Scope/Service General Requirements, 1.3 — Small Tree Lighting, 1.4—Medium Tree Lighting, and 1.5—Large Tree Lighting. Bidders shall field verify all trees shown on "Attachment E — Downtown Christmas Lighting Map" to determine actual quantities of lights (greater than or less than average) per tree to light the trees as shown in revised "Attachment F — Lighting Exhibits." Question No. 19: Can the City provide a circuit map visual to bidders prior to the bid opening date? Answer: No. An electrical diagram for Downtown is in progress but will not be completed prior to Bid Opening. City will provide awarded Vendor with electrical diagram prior to installation. Question 20: How does the awarded Contractor install the City owned wreaths? Answer: The City will provide a demo to the awarded Contractor showing how to install City owned wreaths. Question 21: Will the City provide pruning and trimming of tree branches? Answer: Please refer Part Il, Specifications, Section 2. Installation, Maintenance and Removal, 2.2. Any trimming of branches must be coordinated with the City's Forestry Manager. Vendor "shall" not prune any tree without prior approval from the City's Forestry Manager. He may be contacted for additional information on allowable pruning or light installation methods. Emsud Horozovic, (512) 341- 3350 or email at: ehorozovicc roundrocktexas.gov EXHIBITage AA t CITY OF ROUND ROCK IFB NO. 17-025—ADDENDUM NO. 1 DOWNTOWN CHRISTMAS LIGHTING PRODUCTS &SERVICES (CONTINUED) Question 22: On the bid sheet, it does not specify which Leblanc gift box the city is wanting. Answer. Please see "Attachment F — Lighting Exhibits (Revised) for images of the specified Leblanc Walk Through 3-D Gift Box and Walk Through 3-D Ornament(Items 10,11,26,27 on Bid Sheet). Question 23: Scope 1.2 Tree branches up to 25' and canopies wrapped. Then below in scope 1.3-5, it is stated you want the trees to look like Attachment F- Lighting Exibits. When canopies are mentioned this means to us to go in circles around the full circumference of the trees greenery/leaves a lot higher than 25'. The pictures in attachment F do not show the canopies wrapped. Answer: All tree lighting shall be installed per Part 11 — Specifications, Section 1 — Scope/Service General Requirements and as shown in "Attachment F—Lighting Exhibits". Question 24: On Specifications 1.2 thru 1.5, can you provide which LED mini light strands you are specifying. Answer: All LED mini lights shall be 70-lite LED M5 Mini Lights, warm white with 4" spacing and green wire. Question 25: Did the city consult with any individual(s) or firm(s) on developing the scope of work for this project? If so, what individual(s) or firm(s)? Answer: Yes, the City reached out to the City of Georgetown earlier this year to discuss their downtown Christmas lighting. This research led the City to consult with D6cor iQ prior to scope of work development. The scope of work included in the IFB was developed by City staff in addition various sources of information was researched including a scope of work obtained from the City of Georgetown for a similar project, product catalogues (Dekra-Lite and Leblanc) and previous lighting quotes used for the City's Rock'N Lights Holiday Show. Question 26: Please provide any bid tabulations from prior years for holiday lighting/decor. Answer: The City has not done any previous bids for Christmas lighting services. The City's Rock'N Lights Holiday Show was done through an Interlocal Agreement with the City of Grand Prairie, Texas. Question 27: Please provide the sign-in sheet for the pre-bid meeting. Answer: Attached sign-in sheet has been posted to the City website at: https://www.roundrocktexas.gov/departments/purchasing/purchasing-active-solicitations/ Question 28: How much has the city budgeted for this project annually? Answer: This is a first-time event for the City and is not being funded by a line item budget. Question 29: SECTION 1.2 states"canopies wrapped with LED mini lights", but section 1.3 and 1.4 refer the wrapping method as that shown in attachment F. In attachment F, the small trees are shown as full branch wraps, and the medium and large trees are shown as all trunks and limbs being wrapped up to the point of foliage. Neither photo in attachment F shows "canopies wrapped with LED mini lights". Please clarify the language and/or provide additional photo examples of what you'd like to see for each size tree. We can provide photo examples if further clarification is needed. EXHIBIT age.&F8 CITY OF ROUND ROCK IFB NO. 17-025—ADDENDUM NO. 1 DOWNTOWN CHRISTMAS LIGHTING PRODUCTS & SERVICES (CONTINUED) Answer: Please strike the word "canopies"from Specification 1.2. All tree lighting shall be installed as specified in Specifications 1.2 thru 1.6 and as shown in "Attachment F—Lighting Exhibits". Question 30: SECTION 1.4 states"minimum of 24,000 warm white LED lights", however SECTION 1.6 states"shall not use more than 10amps per tree". 24,000 commercial grade LED mini lights will have a load of 14.28amps. Please clarify these two conflicting sections. Answer: Upon further review of electrical loads, all lighting with the exception of the Medium Trees and Large Trees shall use less than 10 amps on a 120V circuit. Medium and Large Trees shall be allowed to go above 10 amps on a single circuit or will be split between two (2) circuits. City will coordinate with awarded Vendor on details of electrical distribution. Question 31: SECTION 1.5 states"minimum of 30,000 warm white LED lights", however SECTION 1.6 states "shall not use more than 10amps per tree". 30,000 commercial grade LED mini lights will have a load of 17.86amps. Please clarify these two conflicting sections. Answer: Upon further review of electrical loads, all lighting with the exception of the Medium Trees and Large Trees shall use less than 10 amps on a 120V circuit. Medium and Large Trees shall be allowed to go above 10 amps on a single circuit or will be split between two (2) circuits. City will coordinate with awarded Vendor on details of electrical distribution. Question 32: We have concerns about the stability of the pole extensions for the"Above Street Lighting". Some of the light runs will be lengthy and significant pull will be placed on the pole extensions with cabling and tumbuckles. Has an engineering study been completed to verify that this is a viable mounting option for the "Above Street Lighting"? Answer: The pole extension design was approved by the lighting manufacture. An engineering review by the lighting manufacturer is currently under review. The City will not move forward with Above Street Lighting unless it has been determined that the light poles, extensions and footings can support the lateral tension of the Above Street Lighting. Question 33: What height above ground level will the top of the pole extensions be for the "Above Street Lighting"? Answer: The height restriction for Above Street Lighting is 16 feet. Question 34: Is the"Above Street Lighting" intended to be for permanent or seasonal use? Answer: At this time, the Above Street Lighting is intended to be just for the duration of the Show outlined in the IFB. Question 35: Trees will need significant trimming in certain areas in order to suspend "Above Street Lighting" in certain areas. Can you confirm that all tree trimming necessary will be completed by city staff prior to installation of the "Above Street Lighting"? Answer: Tree trimming for Above Street Lighting will not be completed by City staff prior to installation of Above Street Lighting. Please refer Part 11, Specifications, Section 2. Installation, Maintenance and Removal, 2.2. Any trimming of branches must be coordinated with the City's Forestry Manager. Vendor "shall" not prune any tree without prior approval from the City's Forestry Manager. He may be contacted for additional information on allowable pruning or light installation methods. Emsud Horozovic, (512) 341-3350 or email at: ehorozovic(cDroundrocktexas Qov EXHIBI'FaJAApM CITY OF ROUND ROCK IFB NO. 17-025—ADDENDUM NO. 1 DOWNTOWN CHRISTMAS LIGHTING PRODUCTS &SERVICES (CONTINUED) Question 36: If available, please provide a picture of the city owned wreaths and their mounting mechanisms. If a photo is not available, please provide a description of the mounting method for the wreaths. Answer: Not photo of the wreath is available at this time. The wreathes are mounted over the light globe using wire and clamps. The City will provide the Vendor with mounting hardware/accessories and provide a demonstration of how the wreaths are typically mounted in Downtown. Question 37: Will the pole banners be removed by city staff prior to the installation of garlands and wreaths? Answer: Yes Question 38: Can installation begin prior to the 3rd week in October for just the portion that is tree lighting and/or"Above Street Lighting"? Answer: No. However, the awarded Vendor may submit a request for an earlier start date with justification to the City. The City will review and approve or deny the request. For the purposes of this IFB, Bidders shall base their bid on a start date of the 3`d week in October. Question 39: It is our understanding that if there are any time-clocks or photocells that are non- working that we are to replace - however if the receptacle itself is non-working or any other electrical issues are discovered, are to make repairs or coordinate with city staff to make electrical repairs? Answer: Any electrical issues discovered with the permanent receptacles in the tree wells or light poles will be repaired by the City. Question 40: Will we have to opportunity to test all power sources with city staff and address issues prior to the installation time frame? Answer: Yes,the awarded Vendor and the City will walk the entire Show prior to beginning installation, Question 41: Will there be a designated staging/parking area for equipment through the duration of the installation and removal? Answer: Yes. While a specific location has not been identified in this IFB, a designated staging/parking area will be determined by the City and communicated to the awarded Vendor. Question 42: SECTION 2.10 states "lighting shall be removed in the 3rd week of January". Please clarify if this is the starting date for removal or deadline for completion?Can the removal of tree lighting only be extended past the 3rd week in January if it is all unplugged? Answer: Completion of Removal. However, the awarded Vendor may submit a request for an extended removal deadline with justification to the City. The City will review and approve or deny the request. For the purposes of this IFB, Bidders shall base their bid on a complete removal of all lighting and displays by the aro week of January. Question 43: Can it be stated in the contract that the vendor is not solely financially responsible for maintenance and/or product replacement incurred as a result of theft, malice, rodents, or a weather event? EXHIBI'PaUAA CITY OF ROUND ROCK IFB NO. 17-025—ADDENDUM NO. 1 DOWNTOWN CHRISTMAS LIGHTING PRODUCTS &SERVICES (CONTINUED) Answer: Under the Option A: Lease Option, the awarded Contractor shall be responsible for the maintenance and/or product replacement. Under the Option B: Purchase Option, the City shall be responsible product replacement with the Contractor being responsible for providing labor, installation, maintenance and removal. Question 44: Are there any restrictions on size/type of aerial equipment that can be used for installation? Answer: No. However, as stated in Specification 2.4"Installation and deinstallation must be performed by individuals with adequate training in exterior electrical installations in a commercial district to ensure safe installation and performance." Specification 2.6 also states"AII safety rules, laws, regulations, guidelines and practices must be followed at all times." Furthermore, Specification 2.7 states that°The installation area is active in daytime and at night, a local commercial district with limited parking and much pedestrian activity. Local business access cannot be blocked for long periods of time, and the operations of the City Hall located at 221 East Main Street may not be impeded, during business hours." Question 45: PERMITS: Is the city aware of any permits that would be required for this installation? Answer: Yes. If applicable, awarded Contractor is responsible for obtaining necessary federal and state permits. The City of Round Rock does not have permits required for the installation of lighting or lighting elements related to this project. Please refer to Part il, Specifications, Section 8. Permits, outlined in iFB 17-025—Downtown Christmas Lighting Products and Services document, page 9 of 21. Question 46: If we do decide to utilize a subcontractor(s), please list all documentation/information that we need to submit for the prospective subcontractor(s). Answer: If subcontracting, please complete the "Subcontracting Information Form" posted to the City website at: hftgs://www.roundrocktexas.gov/departments/purchasing/purchasing-active-solicitations/ Question 47: For the lease options, will it be acceptable to invoice for a 50% deposit prior to the installation, 25% after the installation is completed, and 25% after the removal is completed? Answer: Yes Question 48: For the purchase option, will it be acceptable to invoice for the purchase price of all product prior to the installation, 25% of the installation price prior to the installation, 50% after the installation is completed, and 25% after the removal is completed? Answer: The vendor may invoice the City when the product is shipped, the payment for the product will be processed upon confirmation of receipt of the product by the City. The installment plan for the payment of services is acceptable. Question 49: if there are inventory issues with any of the specified decor options or we have a better/more cost effective equivalent, what is the process to get approval for an equivalent product? Answer: In the event of inventory issues, the awarded Contractor shall be required to provide product literature, information, and lighting samples to the City of Round Rock — Parks and Recreation Department for proposed alternate lighting products. All alternate lighting products shall be evaluated by the Parks and Recreation staff to determine if propose alternate lighting products are equivalent. EXHIBI'FaDAPA CITY OF ROUND ROCK IFS NO. 17-025—ADDENDUM NO. I DOWNTOWN CHRISTMAS LIGHTING PRODUCTS & SERVICES (CONTINUED) Question 50: For clarification, the total price listed on the bid sheet will be the annual price paid out each year, correct? Answer: The bid sheet represents "estimated" annual quantities, the bid total will establish an annual contract authority however the City reserves the right to purchase or lease more or less annually based on the needs of the project. Question 51: LINE 42 ON BID SHEET states "cost to provide, install and program remote light timer for lights. What is meant by"remote"?Are timers to be "in-line"timers used at the source of the receptacles or will they be tied to the circuits at the breaker panels? Answer: The light timers, if needed, will be "in-line" timers used at the receptacles prior to plug/cords for lighting and/or displays. Approved by: Date: DrI106111 Michael Schurwon, CPPB, CTPM Purchaser By the signatures affixed below this addendum is hereby incorporated into and made a part of the above referenced solicitation. ACKNOWLEDGED DUB-'r-- JIG '� Vendor A orized Signa re Date RETURN ONE COPY SIGNED COPY OF THIS ADDENDUM TO THE PURCHASING OFFICE WITH YOUR SEALED PROPOSAL, FAILURE TO DO SO MAY AUTOMATICALLY DISQUALIFY YOUR RESPONSE FROM CONSIDERATION FOR AWARD. EXH1B1T1L!!A1%