R-10-07-08-9C3 - 7/8/2010RESOLUTION NO. R -10-07-08-9C3
WHEREAS, the City of Round Rock has duly advertised for bids for masonry re -sealing and
maintenance services, and
WHEREAS, Prism Development, Inc. has submitted the lowest responsible bid, and
WHEREAS, the City Council wishes to accept the bid of Prism Development, Inc., Now
Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City an
Agreement for Masonry Re -Sealing and Maintenance Services with Prism Development, Inc., a copy
of said Agreement being attached hereto as Exhibit "A" and incorporated herein.
The City Council hereby finds and declares that written notice of the date, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all times during which this Resolution and the subject matter
hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended.
RESOLVED this 8th day of July, 2010.
yv-%
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
Skavt, 021.61:3E
SARA L. WHITE, City Secretary
O:Awdox\SCC1ntsV0112V1005\ MUNICIPALV 00196294.DOGrmc
CITY OF ROUND ROCK AGREEMENT
FOR MASONRY RE -SEALING AND MAINTENANCE SERVICES
WITH PRISM DEVELOPMENT, INC.
1 EXHIBIT
„„A„„A
THE STATE OF TEXAS
CITY OF ROUND ROCK
COUNTY OF WILLIAMSON
COUNTY OF TRAVIS
§ KNOW ALL BY THESE PRESENTS:
This Agreement is for services including but not limited to cleaning, power washing,
removing existing grout, re -grouting, performing all necessary prep work, and re -sealing
masonry exteriors of certain City buildings delineated in exhibits, and for related goods and
services, and is referred to herein as the "Agreement.” This Agreement is made and entered into
on this the day of the month of , 2010, between the CITY OF ROUND
ROCK, TEXAS, a home -rule municipality whose offices are located at 221 East Main Street,
Round Rock, Texas 78664, referred to herein as the "City," and PRISM DEVELOPMENT,
INC., a Texas corporation, whose offices are located at 2709 East 5th Street, Austin, Texas
78702, referred to herein as "Prism" or the "Vendor." This Agreement supersedes and replaces
any previous agreement between the named parties, whether oral or written, and whether or not
established by custom and practice.
RECITALS:
WHEREAS, City desires to purchase certain masonry re -sealing and maintenance
services, and to purchase goods and services related to such services, and City desires to procure
same from Vendor; and
WHEREAS, City has issued its "Invitation for Bid" for the provision of said goods and
services, and City has selected the bid submitted by Vendor; and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights, duties, and obligations;
NOW, THEREFORE, WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
mutually agree as follows:
1.01 DEFINITIONS
A. Agreement means the binding legal contract between City and Vendor whereby
City is obligated to buy specified goods and services and Vendor is obligated to sell same. The
Agreement includes: (a) City's Invitation for Bid designated IFB 10-017, Specification Number
00194575/jkg
10-910-51 dated March 2010; (b) Vendor's Response to IFB; (c) contract award; and (d) any
exhibits, addenda, and/or amendments thereto. Any conflicts or inconsistencies in the contract
documents shall be resolved by giving preference in the following order:
(1) This Agreement;
(2) City's Invitation for Bids, exhibits, and attachments;
(3) Vendor's Response to IFB.
B. City means the City of Round Rock, Williamson and Travis Counties, Texas.
C. Effective Date means the date upon which the binding signatures of both parties
to this Agreement are affixed.
D. Force Majeure means acts of God, strikes, lockouts, or other industrial
disturbances, acts of the public enemy, orders of any kind from the government of the United
States or the State of Texas or any civil or military authority, insurrections, riots, epidemics,
landslides, lightning, earthquakes, fires, hurricanes, storms, floods, restraint of the government
and the people, civil disturbances, explosions, or other causes not reasonably within the control
of the party claiming such inability.
E. Goods mean the specified supplies, materials, commodities, or equipment.
F. Vendor means Prism Development, Inc., or any of its successors or assigns.
2.01 EFFECTIVE DATE, TERM, ALLOWABLE RENEWALS, PRICES FIRM
A. This Agreement shall be effective on the date it has been signed by both parties
hereto, and shall remain in full force and effect unless and until it expires by operation of the
term stated herein, or until terminated or extended as provided herein.
B. The term of this Agreement shall be for one (1) six-month period from the
effective date hereof, with no prohibition against renewal by City at its sole option.
C. Prices shall be firm for the duration of this Agreement and for any renewal
periods. No separate line item charges shall be permitted for invoicing purposes, including but
not limited to equipment rental, demurrage, costs associated with obtaining permits, or any other
extraneous charges. City may permit "unit price" adjustments upwards only as a result of a cost
increase in goods or services in accordance with the Producers Price Index located at
http://stats.bls.gov/ppi/home.htm. Any price increase shall be requested by Vendor in writing
and accompanied by the appropriate documentation to justify the requested increase. Vendor
may offer price decreases in excess of the allowable percentage change.
D. City reserves the right to review the relationship at any time, and may elect to
terminate this Agreement with or without cause or may elect to continue.
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3.01 CONTRACT DOCUMENTS AND EXHIBITS
City selected Vendor as the integrator of choice to supply the goods as outlined in IFB
10-017, Specification Number 10-910-51 dated March 2010, and Response to IFB submitted by
Vendor, all as specified in Exhibit "A" attached hereto and made a part hereof for all purposes.
The intent of these documents is to formulate an Agreement listing the responsibilities of both
parties as outlined in the IFB and as offered by Vendor in its Response to the IFB.
The goods and services which are the subject matter of this Agreement are described in
Exhibit "A" and, together with this Agreement, comprise the total Agreement and they are fully
a part of this Agreement as if repeated herein in full.
4.01 CONTRACT AMOUNT; SCOPE OF WORK
Contract Amount. In consideration for the services to be performed by Vendor, City
agrees to pay Vendor in an amount not to exceed the following: $133,403.00.
Scope of Work. For purposes of this Agreement, City has issued documents delineating
the required services, and Vendor has issued its response agreeing to provide all such required
services, and such documents are included in Exhibit "A" attached hereto and made a part hereof
for all purposes. When taken together with the appended exhibits, this Agreement shall evidence
the entire understanding and agreement between the parties and shall supersede any prior
proposals, correspondence or discussions.
Vendor shall satisfactorily provide all services described under the attached exhibits
within the contract term specified herein. Vendor shall perform its services in accordance with
this Agreement, in accordance with the appended exhibits, in accordance with due care, and in
accordance with prevailing industry standards for comparable services.
5.01 ITEMS AWARDED
All bid items on Exhibit "A" are awarded to Vendor.
6.01 COSTS
Unit prices listed on Exhibit "A" shall be the basis of any charges collected by Vendor.
7.01 INVOICES
All invoices shall include, at a minimum, the following information:
A. Name and address of Vendor;
B. Purchase Order Number;
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C. Description and quantity of items received; and
D. Delivery dates.
8.01 INTERLOCAL COOPERATIVE CONTRACTING / PURCHASING
Authority for local governments to contract with one another to perforin 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.
9.01 NON -APPROPRIATION AND FISCAL FUNDING
This Agreement is a commitment of City's current revenues only. It is understood and
agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year
if the governing body of City does not appropriate funds sufficient to purchase the services as
determined by City's budget for the fiscal year in question. City may effect such termination by
giving Vendor a written notice of termination at the end of its then -current fiscal year.
10.01 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be
made by City to Vendor will be made within thirty (30) days of the date City receives goods
under this Agreement, the date the performance of the services under this Agreement are
completed, or the date City receives a correct invoice for the goods or services, whichever is
later. Vendor may charge interest on an overdue payment at the "rate in effect" on September 1
of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas
Government Code, Section 2251.025(b). This Prompt Payment Policy does not apply to
payments made by City in the event:
(a) There is a bona fide dispute between City and Vendor, a contractor,
subcontractor, or supplier about the goods delivered or the service performed
that cause the payment to be late; or
(b) There is a bona fide dispute between Vendor and a subcontractor or between a
subcontractor and its supplier about the goods delivered or the service
performed that causes the payment to be late; or
4
(c)
The terms of a federal contract, grant, regulation, or statute prevent City from
making a timely payment with federal funds; or
(d) The invoice is not mailed to City in strict accordance with any instruction on
the purchase order relating to the payment.
11.01 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.
12.01 TAXES
City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be
included in Vendor's charges.
13.01 ORDERS PLACED WITH ALTERNATE VENDORS
If Vendor cannot provide the goods as specified, City reserves the right and option to
obtain the products from another supplier or suppliers.
14.01 INSURANCE
Vendor shall meet all requirements as stated in the attached Invitation for Bid No. IFB
10-017, Specification No. 10-910-51 (including Attachment A entitled "City of Round Rock
Insurance Requirements" and all attachments and exhibits), and its bid response.
15.01 CITY'S REPRESENTATIVE
City hereby designates the following representative(s) authorized to act in its behalf with
regard to this Agreement:
Name: Tom Word
Title: Chief of Public Works Operations
Address: 2008 Enterprise Drive
Round Rock, Texas 78664
Telephone: 512-218-5555
16.01 RIGHT TO ASSURANCE
Whenever either party to this Agreement, in good faith, has reason to question the other
party's intent to perforin 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.
17.01 DEFAULT
If Vendor abandons or defaults under this Agreement and is a cause of City purchasing
the specified goods elsewhere, Vendor agrees that it may be charged the difference in cost, if
any, and that it will not be considered in the re -advertisement of the service and that it may not
be considered in future bids for the same type of work unless the scope of work is significantly
changed.
Vendor shall be declared in default of this Agreement if it does any of the following:
A. Fails to make any payment in full when due;
B. Fails to fully, timely and faithfully perform any of its material obligations under
this Agreement;
C. Fails to provide adequate assurance of performance under the "Right to
Assurance" section herein; or
D. Becomes insolvent or seeks relief under the bankruptcy laws of the United States.
18.01 TERMINATION AND SUSPENSION
A. City has the right to terminate this Agreement, in whole or in part, for
convenience and without cause, at any time upon thirty (30) days' written notice to Vendor.
B. In the event of any default by Vendor, City has the right to terminate this
Agreement for cause, upon ten (10) days' written notice to Vendor,
C. Vendor has the right to terminate this Agreement only for cause, that being in the
event of a material and substantial breach by City, or by mutual agreement to terminate
evidenced in writing by and between the parties.
D. In the event City terminates under subsections (A) or (B) of this section, the
following shall apply: Upon City's delivery of the referenced notice to Vendor, Vendor shall
discontinue all services in connection with the performance of this Agreement and shall proceed
to cancel promptly all existing orders and contracts insofar as such orders and contracts are
chargeable to this Agreement. Within thirty (30) days after such notice of termination, Vendor
shall submit a statement showing in detail the goods and/or services satisfactorily performed
under this Agreement to the date of termination. City shall then pay Vendor that portion of the
charges, if undisputed. The parties agree that Vendor is not entitled to cornpensation for services
it would have performed under the remaining term of the Agreement except as provided herein.
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19.01 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.
20.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES
Vendor, its agents, employees and subcontractors shall use best efforts to comply with all
applicable federal and state laws, the Charter and Ordinances of the City of Round Rock, as
amended, and with all applicable rules and regulations promulgated by local, state and national
boards, bureaus and agencies.
21.01 ASSIGNMENT AND DELEGATION
The parties each Hereby bind themselves, their successors, assigns and legal
representatives to each other with respect to the terms of this Agreement. Neither party shall
assign, sublet or transfer any interest in this Agreement without prior written authorization of the
other party.
22.01 NOTICES
All notices and other communications in connection with this Agreement shall be in
writing and shall be considered given as follows:
1. When delivered personally to recipient's address as stated in this Agreement; or
2. Three (3) days after being deposited in the United States mail, with postage
prepaid to the recipient's address as stated in this Agreement.
Notice to Vendor:
Prism Development, Inc.
2709 East 5th Street
Austin, TX 78702
7
Notice to City:
Assistant City Manager
221 East Main Street
Round Rock, TX 78664
AND TO:
Stephan L. Sheets, City Attorney
309 East Main Street
Round Rock, TX 78664
Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of City and Vendor.
23.01 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.
24.01 EXCLUSIVE AGREEMENT
This document, and all appended documents, constitutes the entire Agreement between
Vendor and City. This Agreement may only be amended or supplemented by mutual agreement
of the parties hereto in writing, duly authorized by action of the City Manager or City Council.
25.01 DISPUTE RESOLUTION
If a dispute or claim arises under this Agreetnent, the parties agree to first try to resolve
the dispute or claim by appropriate internal means, including referral to each party's senior
management. If the parties cannot reach a mutually satisfactory resolution, then and in that event
any such dispute or claim will be sought to be resolved with the help of a mutually selected
mediator. If the parties cannot agree on a mediator, City and Vendor shall each select a mediator
and the two mediators shall agree upon a third mediator. Any costs and fees, other than attorney
fees, associated with the mediation shall be shared equally by the parties.
City and Vendor hereby expressly agree that no claims or disputes between the parties
arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration
proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9
USC Section 1-14) or any applicable state arbitration statute.
26.01 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision hereof or the occurrence of
any event rendering any portion or provision of this Agreement void shall in no way affect the
validity or enforceability of any other portion or provision of this Agreement. Any such void
provision shall be deemed severed from this Agreement, and the balance of this Agreement shall
be construed and enforced as if this Agreement did not contain the particular portion or provision
held to be void. The parties further agree to amend this Agreement to replace any stricken
provision with a valid provision that comes as close as possible to the intent of the stricken
provision. The provisions of this section shall not prevent this entire Agreement from being void
should a provision which is of the essence of this Agreement be determined to be void.
27.01 MISCELLANEOUS PROVISIONS
Standard of Care. Vendor represents that it employs trained, experienced and
competent persons to perform all of the services, responsibilities and duties specified herein and
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that such services, responsibilities and duties shall be performed in a manner according to
generally accepted industry practices.
Time is of the Essence. Vendor understands and agrees that time is of the essence and
that any failure of Vendor to fulfill obligations for each portion of this Agreement within the
agreed timeframes will constitute a material breach of this Agreement. Vendor shall be fully
responsible for its delays or for failures to use best efforts in accordance with the terms of this
Agreement. Where damage is caused to City due to Vendor's failure to perform in these
circumstances, City may pursue any remedy available without waiver of any of City's additional
legal rights or remedies.
Force Majeure. Neither City nor Vendor shall be deemed in violation of this Agreement
if it is prevented from performing any of its obligations hereunder by reasons for which it is not
responsible as defined herein. However, notice of such impediment or delay in performance must
be timely given, and all reasonable efforts undertaken to mitigate its effects.
Multiple Counterparts. This Agreement may be executed in multiple counterparts, any
one of which shall be considered an original of this document; and all of which, when taken
together, shall constitute one and the same instrument.
IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates
indicated.
City of Round Rock, Texas Prism Development, Inc.,
By: By:
Printed Name: Printed N. e: Q. 14LoU
Title: Title: I RzEz,r ori
Date Signed: Date Signed: & - ) 0 - I 0
Attest:
By:
Sara L. White, City Secretary
For City, Approved as to Form:
By:
Stephan L. Sheets, City Attorney
9
INVITATION FOR BID (IFB)
CITY OF ROUND ROCK PURCHASING OFFICE
221 E. Main Street
Round Rock, Texas 78664-5299
BIDS ARE DUE TO THE PURCHASING OFFICE
AT THE ABOVE ADDRESS BEFORE BID
OPENING TIME.
INVOICE TO:
City of Round Rock
Accounts Payable
221 East Main Street
Round Rock, Texas 78664-5299
BID F.O.B. DESTINATION, FREIGHT PREPAID AND
ALLOWED UNLESS OTHERWISE SPECIFIED BELOW
DESTINATION:
CITY OF ROUND ROCK
2 and 3 story Office Buildings
221 and 231 East Main Street
Round Rock Tx 78664
By the signature hereon affixed, the bidder hereby certifies that n .,.. , ,,,� „�, ,,In erltlty representeD Dy the bidder, or anyone acting for such entity has
violated the antitrust laws of this State, codified in Section 15.01 et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated
directly or indirectly, the bid made to any competitor or any other person engaged in such line of business."
FACSIMILE RESPONSES
SHALL NOT BE ACCEPTED
SHOW SID OPENING DATE t
SD NUMBER IN LOWER LEFT
HANG CORNER OF SEALED BD
ENVELOPE a SNOW RETURN
ADDRESS OF MOOING FIRM.
C1 00519 d1
BIDDING INFORMATION:
Masonry Maintence, Exterior Bldg - City Hall
BID NUMBER 10-017
OPENING DATE: 4/6/2010 at 3:00 P.M.
BID LOCATION:
221 E. Main Street, Council
Chambers, Round Rock, TX 778664
RETURN SIGNED ORIGINAL AND ONE COPY OF BID
See 1.7 of Bidding Instructions on page 3
TAX 0 NO.: rill. — y140 g 45 4- 0
N -r-' .�G
LEGAL BUSINESS NAME: Pt ? 15EV D 01 -40E
PM
i-'
ADDRESS: mrd O �� Sr,
ADDRESS: "11 - ! f g s/ o
CONTACT: • e!1 VON 014-1-04,
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TELEPHONE NO.: 5t2 ,d /
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BUSINESS ENTITY TYPE: g-PORAT? 0i4
Bidder agrees to comply with all conditions set forth in this Solicitation.
This is for the the Masonry Maintenance of a building in accordance with Specification
Attachement B , Pictures of Buildings (4 pgs).
No. 10-910-51, Dated 3-2010 (7 pgs), Attachment A, Insurance (4 pgs),
Pre -Bid Meeting and Site Visit is scheduled for Monday March 29, 2010 at 2;OOpm at the City Hall building, 221 East Main Street, Round Rock, TX.
ITEM #
DESCRIPTION
QTY
1
2
3
Masonry Maintenance, exterior of 3 story, City Hall building, 221
East Main Street, Round Rock TX.
Sealer +'BiVOL S77G /5566 w, -r VL -I 1 T6•C•AIJQLctC;l/
Provide Contractor timeline for this project 4 5 (My COM 'ACM
Masonry Maintenance, exterior of 3 story, Parking Garage, 221
East Main Street, Round Rock TX.
Sealer A
Provide Contractor timeline for this project4g bd.ti 6 Ca m joUrno
Masonry Maintenance, exterior of 2 story, City Business Center,
231 East Main Street, Round Rock, TX
Sealer 601-101 A51- IG IS -0 cs Mt- (- VL.nt T&tf(-pAt..B(a 1�/
Provide Contractor timeline for this project301D•4 yd C,t-4131e a„j
1
UNIT OF
MEASURE
lot
Unit
PRICE
Total cost
(includes all labor,
materials and installation)
4554043 75,(,,
1
lot
18,845atep /
1
lot
$576951-6,,t,
rsz
95-
5z 6 9S
EXHIBIT
tIAIt
GRAND TOTAL f 33o 3'
DELIVERY IN 11-5- DAYS
BIDDING INSTRUCTIONS
ITEMS BELOW APPLY TO AND BECOME A PART OF TERMS AND CONDITIONS OF BID
ANY EXCEPTIONS THERETO MUST BE IN WRITING
1. BIDDING REQUIREMENTS:
1.1 Bidding requires pricing per unit shown and extensions. If trade discount is shown on bid, it should be deducted and net line extensions shown. Bidders guarantees
product offered will meet or exceed specifications identified in this Invitation For Bid (tFB).
1.2 Bids should be submitted on this form. Each bid shalt be placed in a separate envelope completely and properly identified. See instructions on reverse side. Bids must be
in the office of the City Purchasing Agent before the hour and date specified on the reverse side of this IFB.
1.3 Late bids property identified will be returned to bidder unopened. Late bids will not be considered.
1.4 Bid F.O.B. destination, freight, prepaid, & allowed unless otherwise specified on the IFB. If otherwise, show exact cost to deliver.
1.5 Bid unit price on quantity and unit of measure specified, extend and show total. In case of errors in extension, unit prices shall govem. Bids subject to unlimited price
increase will not be considered.
1.6 Bid prices shall be firm for acceptance 30 days from bid opening date. "Discount from Lisr bids are not acceptance unless requested. Cash discount will not be
considered in determining the low bid. All cash discounts offered will be taken if eamed.
1.7 Bids shall give Tax Identification Number, full name and address of bidder. Failure to sign will disqualify bid. Person signing bid shall show tittle and authority to bind
signatories fine in a contract. Firm name should appear on each page in the biotic provided in the upper right comer. Business Entity shall be one (1) of the following:
Individual, Partnership, Sole Proprietorship, EstatelTrust, Corporation, Governmental. Non-profit, all others shall be specified. INDIVIDUAL: List name and number as
shown on Social Security Card. SOLE PROPRIETORSHIP; List legal name followed by legal business name and Social Security Number. ALL OTHERS: List legal name
of entity and Tax Identification Number (Tin).
1.8 Bid cannot be altered or amended after opening time. Any Alterations made before opening time shall be initialed by bidder or an authorized agent. No bid can be
withdrawn after opening time without approval of the CITY based on a written acceptable reason.
1.9 The City is exempt from State Sales Tax and Federal Excise Tax. Do not include tax in bid.
1.10 The City reserves the right to accept or reject all or any part of bid, waive minor technicalities and award the bid to best serve the interests of the City, Split awards may be
made at the sole discretion of the City.
1.11 Consistent and continued tie bids could cause rejection of bids by the City and/or investigation for antitrust violations.
1.12 Telephone bids and facsimile bids are not acceptable in response to the IFB.
1.13 CAUTION: Bid invitation allows sufficient time for receipt of the preferred mail response. The City shall not be responsible for bids received late, illegible, incomplete, or
otherwise non-responsive
2. SPECIFICATION:
2.1 Any catalog, brand name or manufacturer's reference used in IFB is descriptive only (not restrictive), and is used to indicate type and quality desired. Bids on brands of like
nature and quality will be considered unless advertised under the provisions of Section 252.022 of the Texas Local Government Code. If other than brand(s) specified is
offered, illustrations and complete descriptions of product offered are requested to be made a part of the bid. If bidder takes no exceptions to specifications or reference
data in bid, bidder will be required to furnish brand names, numbers, etc, as specified in the IFB.
2.2 Alt items bid shall be new, in first Bass condition, including containers suitable for shipment and storage, unless otherwise indicated in IFB. Verbal agreements to the
contrary will not be recognized.
2.3 Samples, when requested, must be fumished free of expense to the City. If not destroyed in examination, they will be retumed to the bidder, on request, at bidder expense.
Each example should be marked with bidders' name and address, City bid number and code. Do not enclose in or attach to bid.
2.4 The City will not be bound by any oral statement or representation contrary to the written specifications of this IFB.
2.5 Manufacturer's standard warranty shall apply unless otherwise stated in the IFB.
3. 11E BIDS: In case of tie bids, the award will be made in accordance with Section 271.901 of the Texas Local Government Code.
4. DELIVERY:
4.1 Bid should show number of days required to place material in City's designated location under normal conditions. Failure to state deliver time obligates bidder to complete
delivery in fourteen (14) calendar days. Unrealistically short or long delivery promises may cause bid to be disregarded. Consistent failure to meet delivery promises
without valid reason may cause removal from bid list. (See 4.2 following.)
4.2 If delay is foreseen, contractor shall give written notice to the City. The City has the right to extend delivery date if reasons appear valid. Contractor must keep the City
advised at all times of status of order. Default in promised delivery (without acceptable reasons) or failure to meet specifications, authorizes the City to purchase supplies
elsewhere and charge full increase, if any, in cost and handling to defaulting contractor.
4.3 No substitutions or cancellations permitted without written approval of the City.
4.4 Delivery shall be made during normal working hours only, unless prior approval for late delivery has been obtained from the City, unless otherwise specified in the IFB.
5. INSPECTION AND TESTS: All goods will be subject to inspection and test by the City to the extent practicable at aII times and places. Authorized City personnel shall have
access to any supplier's place of business for the purpose of inspecting merchandise. Tests may be performed on samples submitted with the bid or on samples taken from
regular shipments. If the products tested fail to meet or exceed all conditions and requirements of the specifications, the cost of the sample used and the cost of the testing shall
be bome by the supplier. Goods, which have been delivered and rejected in whole or in part, may, at the City's option, be returned to the Vendor or held for disposition at Vendor's
risk and expense. Latent defects may result in revocation of acceptance.
6. AWARD OF CONTRACT: A response to an IFB is an offer to contract with the City based upon the terms, conditions, and specifications contained in the IFB Bids do not become
contracts unless and until they are accepted by the City through its designates and a purchase order is issued. The contract shall be govemed, construed, and interpreted under
the Charter of the City and the laws of State of Texas. All contracts are subject to the approval of the City Council.
7. PAYMENT: Vendor shall submit three (3) copies of an invoice showing the purchase order number on all copies.
8. PATENTS AND COPYRIGHTS: The contractor agrees to protect the City from claims involving infringements of patents or copyrights.
9. VENDOR ASSIGNMENTS: Vendor hereby assigns to purchaser any and all claims for overcharges associated with this contract, which arise under the antitrust laws of the State
of Texas. Tx, Bus. And Comm. Code Ann. Sec. 15.01, et seq. (1967).
10. BIDDER AFFIRMATION:
10.1 Signing this bid with a false statement is a material breach of contract and shall void the submitted bid or any resulting contracts, and the bidder shall be removed from all
bid lists. By signature hereon affixed, the bidder hereby certifies that:
10.2 The bidder has not given, offered to give, nor intends to give any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, tip, favor,
or service to a public servant in connection with the submitted bid.
10.3 The bidder is not currentty delinquent in the payment of any debt owed the City.
10.4 Neither the bidder nor the firm, corporation, partnership, or any entity represented by the bidder, or anyone acting for such fine, corporation, or entity has violated the
antitrust laws of this State codified in Section 15.01 et. Seq. Texas Business and Commercial Code, or the Federal Antitrust Laws, nor communicated directly or indirectly
the bid made to any competitor, or any other person engaged in such line of business.
10.5 The bidder has not received compensation for participation in the preparation of the specification for this IFB.
11. NOTE TO BIDDERS: Any terms and conditions attached to bid will not be considered unless the bidder specifically references them on the front of this bid form. WARNING: Such
terms and conditions may result in disqualification of the bid (e.g. bids with the laws of a state other than Texas requirements for prepayment Limitations on remedies, etc.) The
City of Round Rock can only accept bids which contain all the terms and conditions of its formal IFB; in particular, all bidders affirmations and certifications must be included.
Submission of bids on forms other than City bid form may result in disqualification of your bid.
12. INQUIRIES: Inquiries pertaining to bid invitations must give bid number, codes, and opening date.
PAGE 1 of 1
REV: 04-04-05
REFERENCE SHEET
Please Complete and Return This Form with the Solicitation Response
SOLICITATION NUMBER: 10— a 1 7
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responses received may result in disqualification of bid.
1. Company's Name
Name of Contact
Title of Contact
E -Mail Address
Present Address
City, State, Zip Code
Telephone Number
2. Company's Name
Name of Contact
Title of Contact
E -Mail Address
Present Address
City, State, Zip Code
Telephone Number
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Name of Contact
Title of Contact
E -Mail Address
Present Address
City, State, Zip Code
Telephone Number
4. Company's Name
Name of Contact
Title of Contact
E -Mail Address
Present Address
City, State, Zip Code
Telephone Number
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FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY
AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD.
Reference Sheet
Page 1 of 1 Dated: 05//2005
SPECIFICATION NO.
10-910-51
DATED: MARCH 2010
CITY OF ROUND ROCK
MASONRY MAINTENANCE OF A BUILDING
PART 1
GENERAL
1. PURPOSE: The City seeks to contract with a qualified bidder to provide all equipment, goods
and labor to clean (power wash), remove old grout, re -grout, prep and re -seal masonry exterior of
City owned facilities identified on the Invitation for Bid (IFB).
2. DEFINITIONS: The following definitions will be used for identified terms throughout the
specification and bid document:
2.1. Agreement —A mutually binding legal document obligating the Vendor to furnish the
goods, equipment or services, and obligating the City to pay for it.
2.2. Bid/Proposal - is a complete, properly signed response to a Solicitation that if accepted,
would bind the Bidder/Proposer to perform the resulting contract.
2.3. Bidder/Proper identified throughout this specification shall describe persons and entities
that consider themselves qualified to provide the goods, equipment or services.
2.4. City — Identifies the City of Round Rock, Travis and Williamson Counties, Texas.
2.5. Goods represent materials, supplies, commodities and equipment.
2.6. Piggyback Contract — A term used to identify contract/agreement or purchase order that has
been competitively bid in accordance with State of Texas statutes, rules, policies and
procedures and have been extended for the use of state and local agencies and active
State of Texas CO-OP entities.
2.7. Purchase Order - is an order placed by the Purchasing Office for the purchase of Goods
or Services written on the City's standard Purchase Order form and which, when
accepted by the Bidder, becomes a contract. The Purchase Order is the Bidder's
authority to deliver and invoice the City for Goods or Services specified, and the City's
commitment to accept the Goods or Services for an agreed upon price.
2.8. Services - work performed to meet a demand. The furnishing of labor, time, or effort by
the vendor and their ability to comply with promised delivery dates, specification and
technical assistance specified
2.9. Subcontractor - Any person or business enterprise providing goods, labor, and/or
services to a Vendor if such goods, equipment, labor, and/or services are procured or
used in fulfillment of the Vendor's obligations arising from a contract with the City.
2.10. Vendor — (Sometimes referred to as Contractor) A person or business enterprise
providing goods, equipment, labor and/or services to the City as fulfillment of obligations
arising from an agreement or purchase order.
2.11. Goods - represent materials, supplies, commodities and equipment.
Page 1 of 7
SPECIFICATION NO.
10-910-51
DATED: MARCH 2010
3. CONFLICT OF INTEREST: Effective January 1, 2006, Chapter 176 of the Texas Local
Government Code (House Bill 914) requires that any vendor or person considering doing
business with a local government entity disclose the vendor or person's affiliation or business
relationship that might cause a conflict of interest with a local government entity. The Conflict of
Interest Questionnaire form is available from the Texas Ethics Commission at
www.ethics.state.tx.us. Completed Conflict of Interest Questionnaires may be mailed or
delivered by hand to the City Secretary. If mailing a completed form, please mail to:
City of Round Rock
City Secretary
221 East Main Street
Round Rock, Texas 7866
3.1. Any attempt to intentionally or unintentionally conceal or obfuscate a conflict of
interest may automatically result in the disqualification of the vendor's proposal.
4. CLARIFICATION: For clarification of specifications, bidders may contact:
Carolyn Brooks
Purchasing
City of Round Rock
Telephone: 512-218-5457
cmb@round-rock.tx.us
The individual listed above may be contacted by telephone or visited for clarification of the
specifications only. No authority is intended or implied that specifications may be amended or
alterations accepted prior to bid opening without written approval of the City of Round Rock through
the Purchasing Division.
5. BEST VALUE: All bids received shall be evaluated based on the best value for the City. In
determining best value, the City may consider:
5.1. The purchase price;
5.2. Reputation of the bidder and of bidder's goods and services;
5.3. The quality of the bidder's goods or services;
5.4. The extent to which the goods or services meet the City's needs;
5.5. Bidder's past relationship with the City;
5.6. The total long-term cost to the Municipality to acquire the bidder's goods or services; and
5.7. Any relevant criteria specifically listed in the solicitation.
6. EX PARTE COMMUNICATION: Please note that to insure the proper and fair evaluation of a bid,
the City of Round Rock prohibits ex parte communication (e.g., unsolicited) initiated by the Bidder to
the City Official or Employee evaluating or considering the bids prior to the time a bid decision has
been made. Communication between Bidder and the City will be initiated by the appropriate City
Official or Employee in order to obtain information or clarification needed to develop a proper and
accurate evaluation of the bid. Ex parte communication may be grounds for disqualifying the
offending Bidder from consideration or award of the bid then in evaluation, or any future bid.
PART II
SPECIFICATIONS
1. SCOPE: This specification describes a service to clean, remove old grout, prepare and re -grout
and re -seal masonry siding of two 3 -story buildings and one 2 -story buildings owned and
operated by the City. Services shall include, but not be limited to power washing, re -grout and
re -seal masonry exterior. Buildings shall be prepared and resealed in accordance with the
minimum requirements herein and as mutually agreed between the vendor and the City.
Page 2 of 7
SPECIFICATION NO.
10-910-51
DATED: MARCH 2010
2. STATEMENT OF INTENT: These specifications cover only the general requirements as to the
performance and service criteria of the building maintenance, as well as certain details to which
the successful bidder shall conform.
3. PRE-BID MEETING AND SITE VISIT: A pre-bid meeting and walk through will be conducted
Monday, March 29, 2010 at 2:OOpm, City Hall 221 E. Main Street, Round Rock, Texas.
Potential bidders are strongly urged to attend the pre-bid meeting to become aware of all
conditions affecting performance and bid prices.
4. BIDDER QUALIFICATIONS: The opening of a bid will not be construed as the City's acceptance
of such bidder as qualified and responsible. All bidders shall:
4.1 Be firms, corporations, individuals or partnerships normally engaged in the sale and
distribution of commodity or provision of the services as specified herein.
4.2 Have adequate organization, facilities, equipment and personnel to ensure prompt and
efficient service to the City.
4.3 Provide references to include the name, address, telephone number and point of contact
of at least three entities for which the Respondent has preformed similar service and or
utilized the exact technology within the past three years. Any negative responses
received may result in disqualification of bid.
4.4 Identify any subcontractors to be used for this project. Experience, qualifications and
references of the subcontractors shall be submitted. The City reserves the right to
approve or disapprove all subcontractors prior to any work being performed.
4.5 Include with bid submittal an itemized list of maintenance processes with all costs.
5. MASONRY GROUT & RE -SEALING: Exterior masonry maintenance shall include, but not be
limited to the following. NOTE: Buildings shall require varied levels of renovations. The Vendor
shall:
5.1 Remove existing exterior sealing on joints, windows, and doors to all three stories of the
City Hall Building.
5.2 Re -Seal exterior joints, windows, and doors to three stories of City Hall Building.
5.3 Remove exterior sealing on joints, windows, and doors to two stories Business Center
Complex Building.
5.4 Re -Seal exterior joints, windows, and doors to two stories Business Center Complex
Building.
5.5 Pressure Wash three stories of City Hall Parking Garage.
5.6 Pressure Wash three stories of City Hall Building.
5.7 Pressure Wash two stories of Business Center Complex.
6. MATERIAL: Vendor shall include with bid submittal MSDS sheet on all materials to be used for
this project.
7. PROJECT ADMINISTRATOR: All work performed under the contract will be supervised and
verified by the City designee noted below:
Pete Dominguez
City of Round Rock
Project Manager
(512) 801-4547
pdominguez@round-rock.tx.us
Page 3 of 7
SPECIFICATION NO.
10-910-51
DATED: MARCH 2010
8. CONTRACTOR TIMELINE: Contractor shall provide a timeline for mobilization and
completion of the project. Work shall commence on or before April 19, 2010 and shall be
completed no later than May 21, 2010. Any deviation from the stated timelines shall require
prior approval from the Project Administrator.
9. RESPONSIBLE FOR DAMAGES: Any damage to building and or city property during the
project shall be repaired by the contractor immediately and at the contractors expense.
10. SITE RESTRICTIONS:
10.1 Barricades shall be used to direct traffic (foot and/or motor) from work site.
10.2 All trash generated from construction and crew shall be removed and disposed of
and in an approved manner each day.
10.3 Parking: Contractor shall have its employee's vehicles and company vehicles park in
a designated area. This area shall be determined at the beginning of any work.
10.4 City Facilities: The contractor shall not use the City's buildings or facilities to
accomplish any work or to fulfill any contractual obligation.
10.5 City Equipment: The contractor shall not use any City owned equipment for use in its
operation.
10.6 No visitors, wives, husbands or children of the successful vendor's employees shall be
allowed in the workplace during working hours, unless they are bona fide employees of
the successful vendor.
11. WARRANTY PERIOD: If, at any time after the date of substantial completion or such longer
period of time as may be prescribed by laws or regulations, any work is found to be
defective, the Contractor shall promptly, without cost to the City, and in accordance with the
City's written instructions:
11.1 Correct such defective work, or, if it has been rejected by the city, remove it from the
site and replace it with work that is not defective, and
11.2 Satisfactorily correct or remove and replace any damage to other work or the work of
others resulting there from.
11.3 If the Contractor does not promptly comply with the terms of such instructions, or in
an emergency where delay would cause serious risk of loss or damage, the City may
have the defective work corrected or the rejected work removed and replaced, and
all claims, costs, losses and damages caused by or resulting from such removal and
replacement (including but not limited to all costs of repair or replacement of work of
others) shall be paid by the Contractor.
PART III
ACCEPTANCE AND PAYMENT
1. FINAL INSPECTION: Upon written notice from the Contractor that the entire work is complete,
the Project Administrator will make a final inspection with the Contractor and provide written
notice of all particulars in which this inspection reveals that any work is incomplete or defective.
The Contractor shall immediately take such measures as are necessary to complete such work
or remedy such deficiencies.
2. INVOICING: Contractor shall submit one original and one copy of each invoice to the following
address:
CITY OF ROUND ROCK
Accounts Payable
221 East Main Street
Round Rock, Texas 78664-5299
Email: apinvoices(a)round-rock.tx.us
Fax No.: 512-218-5442
Page 4 of 7
SPECIFICATION NO.
10-910-51
DATED: MARCH 2010
3. PROMPT PAYMENT POLICY: Payments will be made within thirty days after the city receives the
supplies, materials, equipment, or the day on which the performance of services was completed
or the day on which the City receives a correct invoice for the supplies, materials, equipment or
services, whichever is later. The Vendor may charge a late fee (fee shalt not be greater than that
which is permitted by Texas law) for payments not made in accordance with this prompt payment
policy; however, this policy does not apply to payments made by the City in the event:
3.1. There is a bona fide dispute between the City and Vendor concerning the supplies,
materials, services or equipment delivered or the services performed that causes the
payment to be late; or
3.2. The terms of a federal agreement, grant, regulation, or statute prevent the City from
making a timely payment with Federal Funds; or
3.3. There is a bona fide dispute between the Vendor and a subcontractor or between a
subcontractor and its suppliers concerning supplies, material, or equipment delivered or
the services performed which caused the payment to be late; or
3.4. The invoice is not mailed to the City in strict accordance with instructions, if any, on the
purchase order or agreement or other such contractual agreement.
4. OVERCHARGES: Vendor hereby assigns to purchaser any and all claims for overcharges
associated with this agreement which arise under the antitrust laws of the United States, 15
USGA Section 1 et seq., and which arise under the antitrust laws of the State of Texas, Bus. and
Com. Code, Section 15.01, et seq.
PART IV
GENERAL CLAUSES AND CONDITIONS
1. LABOR: The Vendor shall provide all labor and goods necessary to perform the project. The
Vendor shall employee all personnel for work in accordance with the requirements set forth by
the United States Department of Labor.
2. EXCEPTIONS: Any variation from this specification must be indicated on the bid or on a
separate attachment to the bid. The sheet shall be labeled as such.
3. STANDARDIZATION: The City of Round Rock is committed to procuring quality goods and
equipment. We encourage manufacturers to adopt the International Organization for
Standardization (ISO) 9001-9003, latest revision standards, technically equivalent to the
American National Standards Institute/American Society for Quality Control (ANSI/ASQC Q91-93
1987), and obtain certification. Adopting and implementing these standards is considered
beneficial to the manufacturer, the City, and the environment. It is the City's position that the total
quality management concepts contained within these standards can result in reduced production
costs, higher quality products, and more efficient use of energy and natural resources.
Manufacturers should note that future revisions to this specification might require ISO
certification.
4. ENVIRONMENT: It is the intent of the City to purchase good and equipment having the least
adverse environmental impact, within the constraints of statutory purchasing requirements,
departmental needs, availability, and sound economical considerations. Suggested changes and
environmental enhancements for possible inclusion in future revisions of this specification are
encouraged.
5. DAMAGE: The Vendor shall be responsible for damage to the City's equipment and/or property,
the workplace and its contents by its work, negligence in work, its personnel and equipment. The
Vendor shall be responsible and liable for the safety; injury and health of its working personnel
while its employees are performing service work.
Page 5 of 7
SPECIFICATION NO.
10-910-51
DATED: MARCH 2010
6. WORKPLACE: The City is committed to maintaining an alcohol and drug free workplace.
Possession, use, or being under the influence of alcohol or controlled substances by Vendor,
Vendor's employees, subcontractor(s) or subcontractor (s') employees white in the performance
of the service is prohibited. Violation of this requirement shall constitute grounds for termination
of the service.
10. INTERLOCAL COOPERATIVE CONTRACTING: Other governmental entities may be extended the
opportunity to purchase off of the City of Round Rock's solicitation, with the consent and agreement
of the awarded vendor(s) and the City of Round Rock. Such consent and agreement shall be
conclusively inferred from lack of exception to this clause in vendor's response. However, all parties
indicate their understanding and all parties hereby expressly agree that the City of Round Rock is not
an agent of, partner to, or representative of those outside agencies or entities and that the City of
Round Rock is not obligated or liable for any action or debts that may arise out of such
independently -negotiated "piggyback" procurements.
11. NON -APPROPRIATION: The resulting Agreement is a commitment of the City's current revenues
only. It is understood and agreed the City shall have the right to terminate the Agreement at the
end of any City fiscal year if the governing body of the City does not appropriate funds sufficient
to purchase the estimated yearly quantities, as determined by the City's budget for the fiscal year
in question. The City may effect such termination by giving Vendor a written notice of termination
at the end of its then current fiscal year.
12. ABANDONMENT OR DEFAULT: A Vendor who abandons or defaults the work on the contract
and causes the City to purchase the services elsewhere may be charged the difference in service
if any and shall not be considered in the re -advertisement of the service and may not be
considered in future bids for the same type of work unless the scope of work is significantly
changed.
13. COMPLIANCE WITH LAWS: The successful bidder shall comply with all federal, state, and local
laws, statutes, ordinances, rules and regulations, and the orders and decrees of any court or
administrative bodies or tribunals in any matter affecting the performance of the resulting
agreement, including without limitation, workers' compensation laws, minimum and maximum
salary and wage statutes and regulations, and licensing laws and regulations. When requested,
the Vendor shall furnish the City with satisfactory proof of its compliance.
14. CODES, PERMITS AND LICENSES: The successful bidder shall comply with all National, State
and Local standards, codes and ordinances and the terms and conditions of the services of the
City of Round Rock, Texas, as well as other authorities that have jurisdiction pertaining to
equipment and materials used and their application. None of the terms or provisions of the
specification shall be construed as waiving any rules, regulations or requirements of these
authorities. The successful bidder shall be responsible for obtaining all necessary permits,
certificates and/or licenses to fulfill contractual obligations (City of Round Rock fees and costs
will be waived).
15. INDEMNITY: Vendor shall indemnify, save harmless and defend the City, its officers, agents,
servants, and employees from and against any and all suits, actions, legal proceedings, claims,
demands, damages, costs, expenses, attorney's fees and any and all other costs or fees incident
to the performance of the resulting agreement and arising out of a willful or negligent act or
omission of the Vendor, its officers, agents, servants and employees.
16. INSURANCE: The successful Bidder shall meet or exceed ALL insurance requirements set forth
by the City as identified in Attachment A to the specifications. Any additional insurance
requirements of participating or cooperative parties will be included as subsequent Attachments
and shall require mandatory compliance.
6 of 7
SPECIFICATION NO.
10-910-51
DATED: MARCH 2010
17. LIENS: Vendor agrees to and shall indemnify and save harmless the City against any and all
liens and encumbrances for all labor, goods and services which may be provided under the
resulting agreement. At the City's request the Vendor or subcontractors shall provide a proper
release of all liens or satisfactory evidence of freedom from liens shall be delivered to the City.
18. GOVERNING LAW: Any resulting agreement shall be governed by and construed in accordance
with the Laws of the State of Texas.
19. VENUE: Both the City and the Vendor agree that venue for any litigation arising from a resulting
agreement shall lie in Williamson County.
20. INDEPENDENT CONTRACTOR: It is understood and agreed that the Contractor shall not be
considered an employee of the City. The Contractor shall not be within protection or coverage of
the City's Worker' Compensation insurance, Health Insurance, Liability Insurance or any other
insurance that the City from time to time may have in force and effect.
7 of 7
ATTACHMENT A
City of Round Rock
Insurance Requirements
ATTACHMENT A
CITY OF ROUND ROCK
INSURANCE REQUIREMENTS
1. INSURANCE: The Vendor shall procure and maintain at its sole cost and expense for the duration
of the contract or purchase order resulting from a response to this bid/Specification insurance
against claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the work as a result of this bid by the successful bidder. its
agents, representatives. volunteers, employees or subcontractors.
1.1. Certificates of Insurance and endorsements shall be furnished to the City and approved
by the City before work commences.
1.2. The following standard insurance policies shall be required:
1.2.1. General Liability Policy
1.2.2. Automobile Liability Policy
1.2.3. Worker's Compensation Policy
1.3. The following general requirements are applicable to all policies:
1.3.1. Only insurance companies licensed and admitted to do business in the State of
Texas shall be accepted.
1.3.2. Deductibles shall be listed on the Certificate of Insurance and are acceptable
only on a per occurrence basis for property damage only.
1.3.3. Claims made policies shall not be accepted, except for Professional Liability
Insurance.
1.3.4. Upon request, certified copies of all insurance policies shall be furnished to the
City
1.3.5. Policies shall include, but not be limited to, the following minimum limits:
1.3.5.1. Minimum Bodily Injury Limits of $300,000.00 per occurrence.
1.3.5.2. Property Damage Insurance with minimum limits of $50,000.00 for
each occurrence.
1.3.5.3. Automobile Liability Insurance for all owned, non -owned, and hired
vehicles with minimum limits for Bodily Injury of $100,000.00 each
person, and $300,000.00 for each occurrence, and Property
Damage Minimum limits of $50,000.00 for each occurrence.
1.3.5.4. Statutory Worker's Compensation Insurance and minimum
$100,000.00 Employers Liability Insurance.
1.3.6. Coverage shall be maintained for two years minimum after the termination of the
Contract.
1.4. The City shall be entitled, upon request, and without expense to receive copies of
insurance policies and all endorsements thereto and may make reasonable request for
deletion, revision, or modification of particular policy terms, conditions, limitations, or
exclusions (except where policy provisions are established by law or regulation binding
either of the parties hereto or the underwriter of any of such policies). Upon such request
by the City, the Vendor shall exercise reasonable efforts to accomplish such changes in
policy coverage and shall pay the cost thereof. All insurance and bonds shall meet the
requirements of the bid specification and the insurance endorsements stated below.
1.5. Vendor agrees that with respect to the required insurance, all insurance contracts and
certificate(s) of insurance will contain and state, in writing, on the certificate or its
attachment, the following provisions:
Page 1 of 4
1.5.1. Provide for an additional insurance endorsement clause declaring the Vendor's
insurance as primary.
1.5.2. Name the City and its officers, employees, and elected officials as additional
insured's, (as the interest of each insured may appear) as to all applicable
coverage.
1.5.3. Provide thirty days notice to the City of cancellation, non -renewal, or material
changes
1.5.4. Remove all language on the certificate of insurance indicating:
1.5.4.1. That the insurance company or agent/broker shall endeavor to notify
the City; and,
1.5.4.2. Failure to do so shall impose no obligation of liability of any kind
upon the company, its agents, or representatives.
1.5.5. Provide for notice to the City at the addresses listed below by registered mail:
1.5.6. Vendor agrees to waive subrogation against the City, its officers, employees,
and elected officials for injuries, including death, property damage, or any other
loss to the extent same may be covered by the proceeds of insurance.
1.5.7. Provide that all provisions of this contract concerning liability, duty, and standard
of care together with the indemnification provision, shall be underwritten by
contractual liability coverage sufficient to include such obligations within
applicable policies.
1.5.8. All copies of the Certificate of Insurance shall reference the project name, bid
number or purchase order number for which the insurance is being supplied.
1.5.9. Vendor shall notify the City in the event of any change in coverage and shall
give such notices not less than thirty days prior notice to the change, which
notice shall be accomplished by a replacement Certificate of Insurance.
1.5.10. All notices shall be mailed to the City at the following addresses:
Assistant City Manager
City of Round Rock
221 East Main
Round Rock, TX 78664-5299
City Attorney
City of Round Rock
309 East Main
Round Rock, TX 78664
2. WORKERS COMPENSATION INSURANCE
2.1. Texas Labor Code, Section 406.098 requires workers' compensation insurance coverage
for all persons providing services on building or construction projects for a govemmental
entity.
2.1.1. Certificate of coverage ("certificate") - A copy of a certificate of insurance, a
certificate of authority to self -insure issued by the Texas Workers' Compensation
Commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or
TWCC-84), showing statutory workers' compensation insurance coverage for
the person's or entity's employees providing services on a project, for the
duration of the project.
2.1.2. Duration of the project - includes the time from the beginning of the work on the
project until the CONTRACTOR'S /person's work on the project has been
completed and accepted by the OWNER.
2.2. Persons providing services on the project ("subcontractor") in Section 406.096 - includes
all persons or entities performing all or part of the services the CONTRACTOR has
undertaken to perform on the project, regardless of whether that person contracted
directly with the CONTRACTOR and regardless of whether that person has employees.
This includes, without limitation, independent contractors, subcontractors, leasing
companies, motor carriers, owner -operators, employees of any such entity, or employees
of any entity, which famishes persons to provide services on the project. "Services"
include, without Limitation, providing, hauling, or delivering equipment or materials, or
providing labor, transportation, or other service related to a project. "Services" does not
Page 2 of 4
include activities unrelated to the project, such as food/beverage vendors, office supply
deliveries, and delivery of portable toilets.
2.3. The CONTRACTOR shall provide coverage, based on proper reporting of classification
codes and payroti amounts and filing of any coverage agreements, that meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the
CONTRACTOR providing services on the project, for the duration of the project.
2.4. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being
awarded the contract.
2.5. If the coverage period shown on the CONTRACTOR'S current certificate of coverage
ends during the duration of the project, the CONTRACTOR must, prior to the end of the
coverage period, rile a new certificate of coverage with the OWNER showing that
coverage has been extended.
2.6. The CONTRACTOR shall obtain from each person providing services on a project, and
provide to the OWNER:
2.6.1. a certificate of coverage, prior to that person beginning work on the project, so
the OWNER will have on file certificates of coverage showing coverage for all
persons providing services on the project; and
2.6.2. no later than seven calendar days after receipt by the CONTRACTOR, a new
certificate of coverage showing extension of coverage, if the coverage period
shown on the current certificate of coverage ends during the duration of the
project.
2.7. The CONTRACTOR shall retain all required certificates of coverage for the duration of
the project and for one year thereafter.
2.8. The CONTRACTOR shall notify the OWNER in writing by certified mail or personal
delivery, within 10 calendar days after the CONTRACTOR knew or should have known,
or any change that materially affects the provision of coverage of any person providing
services on the project.
2.9. The CONTRACTOR shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing all persons
providing services on the project that they are required to be covered, and stating how a
person may verify coverage and report lack of coverage.
2.10. The CONTRACTOR shall contractually require each person with whom it contracts to
provide services on a project, to:
2.10.1. provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, that meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all its employees
providing services on the project, for the duration of the project;
2.10.2. provide to the CONTRACTOR, prior to that person beginning work on the
project, a certificate of coverage showing that coverage is being provided for all
employees of the person providing services on a project, for the duration of the
project;
2.10.3. provide the CONTRACTOR, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, if the coverage period
shown on the current certificate of coverage ends during the duration of the
project;
2.10.3.1. obtain from each other person with whom it contracts, and provide to
the CONTRACTOR:
2.1 0.3.1.1.
2.10.3.1.2.
a certificate of coverage, prior to the other person
beginning work on the project; and
a new certificate of coverage showing extension of
coverage, prior to the end of the coverage period, if
the coverage period shown on the current certificate
of coverage ends during the duration of the project
Page 3 of 4
2.10.3.2. retain all required certificates of coverage on file for the duration of
the project and for one year thereafter;
2.10.3.3. notify the OWNER in writing by certified mail or personal delivery,
within 10 calendar days after the person knew or should have
known, of any change that materially affects the provision of
coverage of any person providing services on the project; and
2.10.3.4. contractually require each person with whom it contracts, to perform
as required by paragraphs (A thru G), with the certificates of
coverage to be provided to the person for whom they are providing
services.
2.10.3.5. By signing the solicitation associated with this specification, or
providing, or causing to be provided a certificate of coverage, the
Contractor is representing to the Owner that all employees of the
Contractor who will provide services on the project will be covered
by workers' compensation coverage for the duration of the project,
that the coverage will be based on proper reporting of classification
codes and payroll amounts, and that all coverage agreements will
be filed with the appropriate insurance carrier or, in the case of a
self-insured, with the Commission's Division of Self -Insurance
Regulation. Providing false or misleading information may subject
the Contractor to administrative penalties, criminal penalties, civil
penalties, or other civil actions.
2.10.3.6. The Contractor's failure to comply with any of these provisions is a
breach of contract by the Contractor that entitles the Owner to
declare the contract void if the Contractor does not remedy the
breach within ten calendar days after receipt of notice of breach
from the owner.
Page 4 of 4
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ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY.
CITY OF ROUND ROCK, TEXAS
INVITATION FOR BID ADDENDUM
MASONRY MAINTENANCE, EXTERIOR BLDG - CITY HALL
IFB No. 10-017 Addendum No. 1 Date of Addendum: March 31, 2010
The following items in the IFB identified above have been changed to include:
1. Add requirements to Part II, Specifications,:
Bid Bond: A bid bond or cashier's check made out to the City in the amount of five percent of the total bid
shall accompany the bid response.
Performance Bond :The check/ bid bond of the successful bidder will be retained until the successful
bidder furnishes the City with an acceptable performance bond in the amount of the 100 percent of the
total bid/contract price. The performance bond must be submitted to the City within seven (7) days from
date of award. Said performance bond shall be forfeited for failure to perform on any part of
specifications and contract outlined herein. Such bond shall be issued from a reliable surety company,
licensed to do business in the State of Texas and acceptable to the City
City Responsibility: The City will:
Provide clean, potable water at each site.
Provide electricity at each site
2. Paragraph 6, Part II, Specifications - Materials has been changed to include:
2.1• Sealant shall have a minimum twenty (20) year warranty,
2.2 City will not specify a cleaning agent for power washing buildings. It is recommended that water
be used alone if possible for a satisfactory clean.
3. Paragraph 8, Part II Specifications - Contractor Timeline has been changed to include:
Contractor shall, provide a timeline for mobilization and completion of the project. Work shall commence
as agreed to by the Contractor and Project Administrator.
4. Paragraph 11, Part H, Specification - Warranty Period has been changed to include:
Contractor shall warranty work for a minimum of twenty (20) years.
All other terms andndition of thi and specifi ions remain unchanged.
o
Approved by}l--"Y1 V-4.14-,
By the signatures affixed belo Addendum No. 1 is hereby incorporated into and made a part of the above
referenced IFB.
ACKNOWLEDGED
fgmen VINPAr°NtEW,ING •
Vendor
nature
4-4-10
Date
RETURN ONE COPY OF THIS ADDENDUM TO THE PURCHASING OFFICE, CITY OF ROUND ROCK WITH
YOUR SEALED BID. FAILURE TO DO SO MAY CONSTITUTE GROUNDS FOR REJECTION OF YOUR BID.
SUBMITTAL ATTACHMENT
A
SureTec
BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we Prism Development, Inc.
as principal, hereinafter called the "Principal," and SURETEC INSURANCE COMPANY, 9737 Great Hills Trail,
Suite 320, Austin, Tx 78759, as surety, hereinafter called the °Surety," are held and firmly bound unto
City of Round Rock as obligee, hereinafter called the
Obligee, in the sum of Five (5%) percent of the total amount bid
Percent ( 5% %) of the Amount Bid by Principal for the payment of which sum well and truly to be made, the
said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,
jointly and severally, firmly by these presents.
WHEREAS, the principal has submitted a bid for Masonry Maintenance Exterior Building - City Hall
Project No. 10-017
NOW, THEREFORE, if the contract be timely awarded to the Principal and the Principal shall within such time as
specified in the bid, enter into a contract in writing or, in the event of the failure of the Principal to enter into such
Contract, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the
amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another
party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full
force and effect.
PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution
of the final contract shall furnish evidence of financing in a manner and form acceptable to Principal and Surety that
financing has been firmly committed to cover the entire cost of the project.
SIGNED, sealed and dated this 6th day of April , 20 10
Prism Development, Inc.
SureTec Insurance Compan
BY:
David S. Ballew , Attorney -in -Fact
POA #: Bid Bond
SureTec Insurance Company
LIMITED POWER OF ATTORNEY
Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and
existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents
make, constitute and appoint
David S. Bellew
its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge
and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the
conditions of contracts and consents of surety for:
Principal: Prism Development, Inc.
Obligee: City of Round Rock
Amount: S 190,000.00
and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate
seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the
premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec
Insurance Company:
Be it Resolved that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is
hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys) -in -Fact to represent and act for and on.
behalf of the Company subject to the following provisions:
Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and
deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or
any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid
and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 2d" of April,
1999.)
In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal
to be hereto affixed this 1st day of April, A.D. 2007.
State of Texas ss:
County of Harris
SURETEC INS . CE COMPANY
By:
B.J.
On this 1 st day of April, A.D. 2007 before me personally came B.J. King, to me known, who, being by me duly sworn, did depose and say, that he
resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed theabove
instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the
Board of Directors of said Company; and that he signed his name thereto by like order.
RHONDA MCCARY
Notary Public, State of Texas
My Commission Expires
September 11, 2010
Ri.oKda.
Rhonda McCary, Notary Publ
My commission expires September 11, 2010
I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy
of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set
out in the Power of Attorney are in full force and effect.
Given under my hand and the seal of said Company at Houston, Texas this
6th day of April
2010 , A.D.
M. Brent Beaty, Assistant ' retary
Any instrument Issued in excess of the penalty stated above is totally void and without any validity.
For verification of the authority of this power you may cal: (713) 812-0803 any business day between 8:00 am and 5:00 pm CST.
SureTec Insurance Company
THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION
Statutory Complaint Notice
To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or
to make a complaint at: 1-866-732-0099. You may also write to the Surety at:
SureTec Insurance Company
9737 Great Hills Trail, Suite 320
Austin, Tx 78759
You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or
complaints at 1-800-252-3439. You may write the Texas Department of Insurance at
PO Box 149104
Austin, TX 78714-9104
Fax#: 512-475-1771
PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you
should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance.
Terrorism Risks Exclusion
The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for,
losses caused by acts of terrorism, riot, civil insurrection, or acts of war.
Exclusion of Liability for
Mold, Mycotoxins, Fungi & Environmental Hazards
The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable
for, molds, living or dead fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or their related
products or parts, nor for any environmental hazards, bio -hazards, hazardous materials, environmental spills,
contamination, or cleanup, nor the remediation thereof, nor the consequences to persons, property, or the
performance of the bonded obligations, of the occurrence, existence, or appearance thereof.
Rev 1.1.06
IQ
Williamson County
Investiment Inc.
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$15,468.00 $15,468.00
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$2,985.00 ]
$10,854.001 $10,854.00
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VENDOR
DELIVERY:
TOTAL:
Unit $
$2,985.00
$57595 0 `57,695 00'
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$70,000.001 $70,000.00
Dow Corning 795 Primer P
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$15,000.00 [$15,000.00 I
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VENDOR
DELIVERY: _1
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Masonry Maintenance of
City Hall and City
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Parking Garage
Business Center
BID TAB
BID NUMBER:
BID OPENING:
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ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY:
City Council A:enda Summar Sheet
Agenda Item No. 9C3.
Agenda Caption:
Consider a resolution authorizing the Mayor to execute an agreement with Prism
Development, Inc. for masonry re -sealing and maintenance services for City Hall, Business
Center and Parking Garage.
Meeting Date: July 8, 2010
Department: Infrastructure Development and Construction Management
Staff Person making presentation: Tom Word, P.E.
Chief of Public Works Operations
Item Summary:
This Agreement is for cleaning, power washing, removing existing grout, re -grouting, performing all necessary pre
work, and re -sealing masonry exterior of City Hall, Business Center and Parking Garage.
Bids were received by the City on April 6, 2010 from four General Contractors. Prism Development was selected as
the number one proposal by the review committee from the City of Round Rock.
Strategic Plan Relevance:
20.0 Build and maintain the facilities needed to make the City attractive to businesses
Cost: $133,403.00
Source of Funds: 2002 GO Bonds & General Self Finance Construction
Date of Public Hearing (if required): N/A
Recommended Action: Staff recommends approval of the agreement
EXECUTED
DOCUMENT
FOLLOWS
CITY OF ROUND ROCK AGREEMENT
FOR MASONRY RE -SEALING AND MAINTENANCE SERVICES
WITH PRISM DEVELOPMENT, INC.
THE STATE OF TEXAS
CITY OF ROUND ROCK
COUNTY OF WILLIAMSON
COUNTY OF TRAVIS
§
§
§
§
§
§
KNOW ALL BY THESE PRESENTS:
This Agreement is for services including but not limited to cleaning, power washing,
removing existing grout, re -grouting, performing all necessary prep work, and re -sealing
masonry exteriors of certain City buildings delineated in exhibits, and for related goods and
services, and is referred to herein as the "Agreement." This Agreement is made and entered into
on this the d54 -b- day of the month of x7414 -- , 2010, between the CITY OF ROUND
ROCK, TEXAS, a home -rule municipality whose offices are located at 221 East Main Street,
Round Rock, Texas 78664, referred to herein as the "City," and PRISM DEVELOPMENT,
INC., a Texas corporation, whose offices are located at 2709 East 5th Street, Austin, Texas
78702, referred to herein as "Prism" or the "Vendor." This Agreement supersedes and replaces
any previous agreement between the named parties, whether oral or written, and whether or not
established by custom and practice.
RECITALS:
WHEREAS, City desires to purchase certain masonry re -sealing and maintenance
services, and to purchase goods and services related to such services, and City desires to procure
same from Vendor; and
WHEREAS, City has issued its "Invitation for Bid" for the provision of said goods and
services, and City has selected the bid submitted by Vendor; and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights, duties, and obligations;
NOW, THEREFORE, WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
mutually agree as follows:
1.01 DEFINITIONS
A. Agreement means the binding legal contract between City and Vendor whereby
City is obligated to buy specified goods and services and Vendor is obligated to sell same. The
Agreement includes: (a) City's Levitation for Bid designated IFB 10-017, Specification Number
00194575/jkg
-t0 , Drb -q63
10-910-51 dated March 2010; (b) Vendor's Response to IFB; (c) contract award; and (d) any
exhibits, addenda, and/or amendments thereto. Any conflicts or inconsistencies in the contract
documents shall be resolved by giving preference in the following order:
This Agreement;
City's Invitation for Bids, exhibits, and attachments;
Vendor's Response to IFB.
B. City means the City of Round Rock, Williamson and Travis Counties, Texas.
C. Effective Date means the date upon which the binding signatures of both parties
to this Agreement are affixed.
D. Force Majeure means acts of God, strikes, lockouts, or other industrial
disturbances, acts of the public enemy, orders of any kind from the government of the United
States or the State of Texas or any civil or military authority, insurrections, riots, epidemics,
landslides, lightning, earthquakes, fires, hurricanes, storms, floods, restraint of the government
and the people, civil disturbances, explosions, or other causes not reasonably within the control
of the party claiming such inability.
E. Goods mean the specified supplies, materials, commodities, or equipment.
F. Vendor means Prism Development, Inc., or any of its successors or assigns.
2.01 EFFECTIVE DATE, TERM, ALLOWABLE RENEWALS, PRICES FIRM
A. This Agreement shall be effective on the date it has been signed by both parties
hereto, and shall remain in full force and effect unless and until it expires by operation of the
term stated herein, or until terminated or extended as provided herein.
B. The term of this Agreement shall be for one (1) six-month period from the
effective date hereof, with no prohibition against renewal by City at its sole option.
C. Prices shall be firm for the duration of this Agreement and for any renewal
periods. No separate line item charges shall be permitted for invoicing purposes, including but
not limited to equipment rental, demurrage, costs associated with obtaining permits, or any other
extraneous charges. City may permit "unit price" adjustments upwards only as a result of a cost
increase in goods or services in accordance with the Producers Price Index located at
http://stats.bls.gov/ppi/home.httn. Any price increase shall be requested by Vendor in writing
and accompanied by the appropriate documentation to justify the requested increase. Vendor
may offer price decreases in excess of the allowable percentage change.
D. City reserves the right to review the relationship at any time, and may elect to
terminate this Agreement with or without cause or may elect to continue.
2
3.01 CONTRACT DOCUMENTS AND EXHIBITS
City selected Vendor as the integrator of choice to supply the goods as outlined in IFB
10-017, Specification Number 10-910-51 dated March 2010, and Response to IFB submitted by
Vendor, all as specified in Exhibit "A" attached hereto and made a part hereof for all purposes.
The intent of these documents is to formulate an Agreement listing the responsibilities of both
parties as outlined in the IFB and as offered by Vendor in its Response to the IFB.
The goods and services which are the subject matter of this Agreement are described in
Exhibit "A" and, together with this Agreement, comprise the total Agreement and they are fully
a part of this Agreement as if repeated herein in full.
4.01 CONTRACT AMOUNT; SCOPE OF WORK
Contract Amount. In consideration for the services to be performed by Vendor, City
agrees to pay Vendor in an amount not to exceed the following: $133,403.00.
Scope of Work. For purposes of this Agreement, City has issued documents delineating
the required services, and Vendor has issued its response agreeing to provide all such required
services, and such documents are included in Exhibit "A" attached hereto and made a part hereof
for all purposes. When taken together with the appended exhibits, this Agreement shall evidence
the entire understanding and agreement between the parties and shall supersede any prior
proposals, correspondence or discussions.
Vendor shall satisfactorily provide all services described under the attached exhibits
within the contract term specified herein. Vendor shall perform its services in accordance with
this Agreement, in accordance with the appended exhibits, in accordance with due care, and in
accordance with prevailing industry standards for comparable services.
5.01 ITEMS AWARDED
All bid items on Exhibit "A" are awarded to Vendor.
6.01 COSTS
Unit prices listed on Exhibit "A" shall be the basis of any charges collected by Vendor.
7.01 INVOICES
All invoices shall include, at a minimum, the following information:
A. Name and address of Vendor;
B. Purchase Order Number;
3
C. Description and quantity of items received; and
D. Delivery dates.
8.01 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 13 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.
9.01 NON -APPROPRIATION AND FISCAL FUNDING
This Agreement is a commitment of City's current revenues only. It is understood and
agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year
if the governing body of City does not appropriate funds sufficient to purchase the services as
determined by City's budget for the fiscal year in question. City may effect such termination by
giving Vendor a written notice of termination at the end of its then -current fiscal year.
10.01 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be
made by City to Vendor will be made within thirty (30) days of the date City receives goods
under this Agreement, the date the performance of the services under this Agreement are
completed, or the date City receives a correct invoice for the goods or services, whichever is
later. Vendor may charge interest on an overdue payment at the "rate in effect" on September 1
of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas
Government Code, Section 2251.025(b). This Prompt Payment Policy does not apply to
payments made by City in the event:
(a) There is a bona fide dispute between City and Vendor, a contractor,
subcontractor, or supplier about the goods delivered or the service performed
that cause the payment to be late; or
(b) There is a bona fide dispute between Vendor and a subcontractor or between a
subcontractor and its supplier about the goods delivered or the service
performed that causes the payment to be late; or
4
(c) The terms of a federal contract, grant, regulation, or statute prevent City from
making a timely payment with federal funds; or
(d) The invoice is not mailed to City in strict accordance with any instruction on
the purchase order relating to the payment.
11.01 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.
12.01 TAXES
City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be
included in Vendor's charges.
13.01 ORDERS PLACED WITH ALTERNATE VENDORS
If Vendor cannot provide the goods as specified, City reserves the right and option to
obtain the products from another supplier or suppliers.
14.01 INSURANCE
Vendor shall meet all requirements as stated in the attached Invitation for Bid No. IFB
10-017, Specification No. 10-910-51 (including Attachment A entitled "City of Round Rock
Insurance Requirements" and all attachments and exhibits), and its bid response.
15.01 CITY'S REPRESENTATIVE
City hereby designates the following representative(s) authorized to act in its behalf with
regard to this Agreement:
Name: Tom Word
Title: Chief of Public Works Operations
Address: 2008 Enterprise Drive
Round Rock, Texas 78664
Telephone: 512-218-5555
16.01 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 perforin. 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.
17.01 DEFAULT
If Vendor abandons or defaults under this Agreement and is a cause of City purchasing
the specified goods elsewhere, Vendor agrees that it may be charged the difference in cost, if
any, and that it will not be considered in the re -advertisement of the service and that it may not
be considered in future bids for the same type of work unless the scope of work is significantly
changed.
Vendor shall be declared in default of this Agreement if it does any of the following:
A. Fails to make any payment in full when due;
B. Fails to fully, timely and faithfully perform any of its material obligations under
this Agreement;
C. Fails to provide adequate assurance of performance under the "Right to
Assurance" section herein; or
D. Becomes insolvent or seeks relief under the bankruptcy laws of the United States.
18.01 TERMINATION AND SUSPENSION
A. City has the right to terminate this Agreement, in whole or in part, for
convenience and without cause, at any time upon thirty (30) days' written notice to Vendor.
B. In the event of any default by Vendor, City has the right to terminate this
Agreement for cause, upon ten (10) days' written notice to Vendor.
C. Vendor has the right to terminate this Agreement only for cause, that being in the
event of a material and substantial breach by City, or by mutual agreement to terminate
evidenced in writing by and between the parties.
D. In the event City terminates under subsections (A) or (B) of this section, the
following shall apply: Upon City's delivery of the referenced notice to Vendor, Vendor shall
discontinue all services in connection with the performance of this Agreement and shall proceed
to cancel promptly all existing orders and contracts insofar as such orders and contracts are
chargeable to this Agreement. Within thirty (30) days after such notice of termination, Vendor
shall submit a statement showing in detail the goods and/or services satisfactorily performed
under this Agreement to the date of termination. City shall then pay Vendor that portion of the
charges, if undisputed. The parties agree that Vendor is not entitled to compensation for services
it would have performed under the remaining term of the Agreement except as provided herein.
6
19.01 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 inay be liable for an indemnified claim.
20.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES
Vendor, its agents, employees and subcontractors shall use best efforts to comply with all
applicable federal and state laws, the Charter and Ordinances of the City of Round Rock, as
amended, and with all applicable rules and regulations promulgated by local, state and national
boards, bureaus and agencies.
21.01 ASSIGNMENT AND DELEGATION
The parties each hereby bind themselves, their successors, assigns and legal
representatives to each other with respect to the terms of this Agreement. Neither party shall
assign, sublet or transfer any interest in this Agreement without prior written authorization of the
other party.
22.01 NOTICES
All notices and other communications in connection with this Agreement shall be in
writing and shall be considered given as follows:
1. When delivered personally to recipient's address as stated in this Agreement; or
2. Three (3) days after being deposited in the United States mail, with postage
prepaid to the recipient's address as stated in this Agreement.
Notice to Vendor:
Prism Development, Inc.
2709 East 5th Street
Austin, TX 78702
7
Notice to City:
Assistant City Manager
221 East Main Street
Round Rock, TX 78664
AND TO:
Stephan L. Sheets, City Attorney
309 East Main Street
Round Rock, TX 78664
Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of City and Vendor.
23.01 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.
24.01 EXCLUSIVE AGREEMENT
This document, and all appended documents, constitutes the entire Agreement between
Vendor and City. This Agreement may only be amended or supplemented by mutual agreement
of the parties hereto in writing, duly authorized by action of the City Manager or City Council.
25.01 DISPUTE RESOLUTION
If a dispute or claim arises under this Agreement, the parties agree to first try to resolve
the dispute or claim by appropriate internal means, including referral to each party's senior
management. If the parties cannot reach a mutually satisfactory resolution, then and in that event
any such dispute or claim will be sought to be resolved with the help of a mutually selected
mediator. If the parties cannot agree on a mediator, City and Vendor shall each select a mediator
and the two mediators shall agree upon a third mediator. Any costs and fees, other than attorney
fees, associated with the mediation shall be shared equally by the parties.
City and Vendor hereby expressly agree that no claims or disputes between the parties
arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration
proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9
USC Section 1-14) or any applicable state arbitration statute.
26.01 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision hereof or the occurrence of
any event rendering any portion or provision of this Agreement void shall in no way affect the
validity or enforceability of any other portion or provision of this Agreement. Any such void
provision shall be deemed severed from this Agreement, and the balance of this Agreement shall
be construed and enforced as if this Agreement did not contain the particular portion or provision
held to be void. The parties further agree to amend this Agreement to replace any stricken
provision with a valid provision that comes as close as possible to the intent of the stricken
provision. The provisions of this section shall not prevent this entire Agreement from being void
should a provision which is of the essence of this Agreement be determined to be void.
27.01 MISCELLANEOUS PROVISIONS
Standard of Care. Vendor represents that it employs trained, experienced and
competent persons to perform all of the services, responsibilities and duties specified herein and
8
that such services, responsibilities and duties shall be performed in a manner according to
generally accepted industry practices.
Time is of the Essence. Vendor understands and agrees that time is of the essence and
that any failure of Vendor to fulfill obligations for each portion of this Agreement within the
agreed timeframes will constitute a material breach of this Agreement. Vendor shall be fully
responsible for its delays or for failures to use best efforts in accordance with the terms of this
Agreement. Where damage is caused to City due to Vendor's failure to perform in these
circumstances, City may pursue any remedy available without waiver of any of City's additional
legal rights or remedies.
Force Majeure. Neither City nor Vendor shall be deemed in violation of this Agreement
if it is prevented from performing any of its obligations hereunder by reasons for which it is not
responsible as defined herein. However, notice of such impediment or delay in performance must
be timely given, and all reasonable efforts undertaken to mitigate its effects.
Multiple Counterparts. This Agreement may be executed in multiple counterparts, any
one of which shall be considered an original of this document; and all of which, when taken
together, shall constitute one and the same instrument.
IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates
indicated.
City of Round Rock, Texas Prism Development, Inc.,
By: )11
Printed Name: Alah nil y)
Title: I14I 't �/"
Date Signed: R -1j • t 0
Attest:
Sara L. White, City Secretary
For City, proved as to Form:
By:
Stephan'' . Sheets, City Attorney
9
By:
Printed N me: 4c: / A v r+Lo
Title: Ii2;
Date Signed: 0 C
BIDS ARE DUE TO THE PURCHASING OFFICE
AT THE ABOVE ADDRESS BEFORE BID
OPENING TIME.
INVOICE TO:
City of Round Rock
Accounts Payable
221 East Main Street
Round Rock, Texas 78664-5299
BID F.O.B. DESTINATION, FREIGHT PREPAID AND
ALLOWED UNLESS OTHERWISE SPECIFIED BELOW
DESTINATION:
CITY OF ROUND ROCK
2 and 3 story Office Buildings
221 and 231 East Main Street
Round Rock Tx 78664
INVITATION FOR BID (IFB)
CITY OF ROUND ROCK PURCHASING OFFICE
221 E. Main Street
Round Rock, Texas 78664-5299
FACSIMILE RESPONSES
SHALL NOT BE ACCEPTED
SNOW BD OPENING GATE $
BIN NUMBER IN LOWER LEFT
NANO CORNER OF SEALED BID
ENVELOPE & SNOW RETURN
ADDRESS OF BIDDING FIRM.
BIDDING INFORMATION:
Masonry Maintence, Exterior Bldg - City Hall
BID NUMBER 10-017
OPENING DATE:
BID LOCATION:
4/6/2010
at 3:00 P.M.
221 E. Main Street, Council
Chambers, Round Rock, TX 778664
RETURN SIGNED ORIGINAL AND ONE COPY OF BID
See 1.7 of Bidding Instructions on page 3
TAX ID NO.: 114-* s.� o
LEGAL BUSINESS NAME: 1 15 V -V t✓ o p1L' I ENT, r
ADDRESS:
ADDRESS:
CONTACT:
TELEPHONE NO.:
512)_ _ r1
P-PoRt111 oN
BUSINESS ENTITY TYPE:
"By the signature hereon affixed, the bidder hereby certifies that neither the bidder nor the entity represented by the bidder, or anyone acting for such entity has 1
violated the antitrust laws of this State, codified in Section 15.01 et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated
directly or indirectly, the bid 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 Solicitation.
Attachement B , Pictures of Buildings (4 pgs).
This is for the the Masonry Maintenance of a building in accordance with Specification No. 10-910-51, Dated 3-2010 (7 pgs), Attachment A, Insurance (4 pgs),
Pre -Bid Meeting and Site Visit is scheduled for Monday March 29, 2010 at 2;OOpm at the City Hall building, 221 East Main Street, Round Rock, TX.
ITEM #
DESCRIPTION
Hip SHEET
QTY
Masonry Maintenance, exterior of 3 story, City Hall building, 221
1 East Main Street, Round Rock TX.
Sealer 'aiVa,A177G /5O Wr(/f )%U►'1 �fCrft✓ o(s
Provide Contractor timeline for this project 4 5 pA ( ComQLc71
Masonry Maintenance, exterior of 3 story, Parking Garage, 221
East Main Street, Round Rock TX.
2 Sealer iv / A
Provide Contractor timeline for this project4Sb.li.( S Corte
Masonry Maintenance, exterior of 2 story, City Business Center,
3 231 East Main Street, Round Rock, TX
Sealer 66OPvLkji fc 15-0 r - VL k -1-6citpoLeg, y
Provide Contractor timeline for this project,30 DA Ya Ce#dp/ a..l
1
UNIT OF Unit Total cost
(includes all labor,
materials and installation)
MEASURE PRICE
lot
S4.,843
1
1
lot I45
lot
57495
5t., '345
/V, 86542
EXHIBIT
1
GRAND TOTAL (3314103
DELIVERY IN s.5— DAYS
BIDDING INSTRUCTIONS
ITEMS BELOW APPLY TO AND BECOME A PART OF TERMS AND CONDITIONS OF BID
ANY EXCEPTIONS THERETO MUST BE IN WRITING
1. BIDDING REQUIREMENTS:
1.1 Bidding requires pricing per unit shown and extensions. If trade discount is shown on bid, it should be deducted and net line extensions shown. Bidders guarantees
product offered wilt meet or exceed specifications identified in this Invitation For Bid (IFB).
1.2 Bids should be submitted on this form. Each bid shall be placed in a separate envelope completely and properly identified. See instructions on reverse side. Bids must be
in the office of the City Purchasing Agent before the hour and date specified on the reverse sloe of this IFB.
1.3 Late bids properly identified will be returned to bidder unopened. Late bids will not be considered.
1.4 Bid F.O.B. destination, freight, prepaid, & allowed unless otherwise specified on the IFB. If otherwise, show exact cost to deliver.
1.5 Bid unit price on quantity and unit of measure specified, extend and show total. In case of errors in extension, unit prices shall govern. Bids subject to unlimited price
increase will not be considered.
1.6 Bid prices shall be firm for acceptance 30 days from bid opening date. "Discount from List" bids are not acceptance unless requested. Cash discount will not be
considered in determining the low bid. All cash discounts offered will be taken if earned.
1.7 Bids shall give Tax Identification Number, full name and address of bidder. Failure to sign will disqualify bid. Person signing bid shall show tittle and authority to bind
signatories firm in a contract. Firm name should appear on each page in the block provided in the upper right corner. Business Entity shall be one (1) of the following:
Individual, Partnership, Sole Proprietorship, Estate/Trust, Corporation, Governmental. Non-profit, all others shall be specified. INDIVIDUAL: List name and number as
shown on Social Security Card. SOLE PROPRIETORSHIP; List legal name followed by legal business name and Social Security Number. ALL OTHERS; List legal name
of entity and Tax Identification Number (Tin).
1.8 Bid cannot be altered or amended after opening time. Any Alterations made before opening time shall be initialed by bidder or an authorized agent. No bid can be
withdrawn after opening time without approval of the CITY based on a written acceptable reason.
1.9 The City is exempt from State Sales Tax and Federal Excise Tax. Do not include tax in bid.
1.10 The City reserves the right to accept or reject all or any part of bid, waive minor technicalities and award the bid to best serve the interests of the City, Split awards may be
made at the sole discretion of the City.
1.11 Consistent and continued tie bids could cause rejection of bids by the City and/or investigation for antitrust violations.
1.12 Telephone bids and facsimile bids are not acceptable in response to the IFB.
1.13 CAUTION: Bid invitation allows sufficient time for receipt of the preferred mail response. The City shall not be responsible for bids received late, illegible, incomplete, or
otherwise non-responsive
2. SPECIFICATION:
2.1 Any catalog, brand name or manufacturer's reference used in IFB is descriptive only (not restrictive), and is used to indicate type and quality desired. Bids on brands of like
nature and quality will be considered unless advertised under the provisions of Section 252.022 of the Texas Local Government Code. If other than brand(s) specified is
offered, illustrations and complete descriptions of product offered are requested to be made a part of the bid. If bidder takes no exceptions to specifications or reference
data in bid, bidder will be required to furnish brand names. numbers, etc, as specified in the IFB.
2.2 All items bid shall be new, in first class condition, including containers suitable for shipment and storage, unless otherwise indicated in IFB. Verbal agreements to the
contrary will not be recognized.
2.3 Samples, when requested, must be fumished free of expense to the City. If not destroyed in examination, they will be returned to the bidder, on request, at bidder expense.
Each example should be marked with bidders' name and address, City bid number and code. Do not enclose in or attach to bid.
2.4 The City will not be bound by any oral statement or representation contrary to the written specifications of this IFB.
2.5 Manufacturer's standard warranty shall apply unless otherwise stated in the IFB.
3. TIE BIDS: In case of tie bids, the award will be made in accordance with Section 271.901 of the Texas Local Government Code.
4. DELIVERY:
4.1 Bid should show number of days required to place material in City's designated location under normal conditions. Failure to state deliver time obligates bidder to complete
delivery in fourteen (14) calendar days. Unrealistically short or long delivery promises may cause bid to be disregarded. Consistent failure to meet delivery promises
without valid reason may cause removal from bid list. (See 4.2 following.)
4.2 If delay is foreseen, contractor shall give written notice to the City. The City has the right to extend delivery date if reasons appear valid. Contractor must keep the City
advised at all times of status of order. Default in promised delivery (without acceptable reasons) or failure to meet specifications, authorizes the City to purchase supplies
elsewhere and charge full increase, if any, in cost and handling to defaulting contractor.
4.3 No substitutions or cancellations permitted without written approval of the City.
4.4 Delivery shall be made during normal working hours only, unless prior approval for late delivery has been obtained from the City, unless otherwise specified in the IFB.
5. INSPECTION AND TESTS: All goods will be subject to inspection and test by the City to the extent practicable at all times and places. Authorized City personnel shall have
access to any supplier's place of business for the purpose of inspecting merchandise. Tests may be performed on samples submitted with the bid or on samples taken from
regular shipments. If the products tested fail to meet or exceed all conditions and requirements of the specifications, the cost of the sample used and the cost of the testing shall
be bome by the supplier. Goods, which have been delivered and rejected in whole or in part, may, at the City's option, be returned to the Vendor or held for disposition at Vendor's
risk and expense. Latent defects may result in revocation of acceptance.
6. AWARD OF CONTRACT: A response to an IFB is an offer to contract with the City based upon the terms, conditions, and specifications contained in the IFB Bids do not become
contracts unless and until they are accepted by the City through its designates and a purchase order is issued. The contract shall be govemed, construed, and interpreted under
the Charter of the City and the laws of State of Texas. All contracts are subject to the approval of the City Council.
7. PAYMENT: Vendor shall submit three (3) copies of an invoice showing the purchase order number on all copies.
8. PATENTS AND COPYRIGHTS: The contractor agrees to protect the City from claims involving infringements of patents or copyrights.
9. VENDOR ASSIGNMENTS: Vendor hereby assigns to purchaser any and all claims for overcharges associated with this contract, which arise under the antitrust laws of the State
of Texas. Tx, Bus. And Comm. Code Ann. Sec. 15.01, et seq. (1967).
10. BIDDER AFFIRMATION:
10.1 Signing this bid with a false statement is a material breach of contract and shall void the submitted bid or any resulting contracts, and the bidder shall be removed from all
bid lists. By signature hereon affixed, the bidder hereby certifies that:
10.2 The bidder has not given, offered to give, nor intends to give any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, tip, favor,
or service to a public servant in connection with the submitted bid.
10.3 The bidder is not currently delinquent in the payment of any debt owed the City.
10.4 Neither the bidder nor the firm, corporation, partnership, or any entity represented by the bidder, or anyone acting for such firm, corporation, or entity has violated the
antitrust laws of this State codified in Section 15.01 et. Seq. Texas Business and Commercial Code, or the Federal Antitrust Laws, nor communicated directly or indirectly
the bid made to any competitor, or any other person engaged in such line of business.
10.5 The bidder has not received compensation for participation in the preparation of the specification for this IFB.
11. NOTE TO BIDDERS: Any terms and conditions attached to bid will not be considered unless the bidder specifically references them on the front of this bid form. WARNING: Such
terms and conditions may result in disqualification of the bid (e.g. bids with the laws of a state other than Texas requirements for prepayment. Limitations on remedies, etc.) The
City of Round Rock can only accept bids which contain all the terms and conditions of its formal IFB; in particular, all bidders affirmations and certifications must be included.
Submission of bids on forms other than City bid form may result in disqualification of your bid.
12. INQUIRIES: Inquiries pertaining to bid invitations must give bid number, codes, and opening date.
PAGE 1 of 1
REV: 04-04-05
REFERENCE SHEET
Please Complete and Return This Form with the Solicitation Response
SOLICITATION NUMBER: 10 017
BIDDER'S NAME: R446111, l) V610oMU 1 DATE: 4—(0.-1 p
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Provide the name, adress, telephone number ani
po nt of contact of at least three firms that have
utilized similar service for at least three year. References may be checked prior to award. Any negative
responses received may result in disqualification of bid.
8C.4) Tc hRd _CtriDE`. 5Lbc„ Mi4.t6QT. �j�(t? Csn.
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1. Company's Name
Name of Contact
Title of Contact
E -Mail Address
Present Address
City, State, Zip Code
Telephone Number
2. Company's Name
Name of Contact
Title of Contact
E -Mail Address
Present Address
City, State, Zip Code
Telephone Number
3. Company's Name
Name of Contact
Title of Contact
E -Mail Address
Present Address
City, State, Zip Code
Telephone Number
4. Company's Name
Name of Contact
Title of Contact
E -Mail Address
Present Address
City, State, Zip Code
Telephone Number
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FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY
AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD.
Reference Sheet
Page 1 of 1
Dated: 05//2005
SPECIFICATION NO.
10-910-51
DATED: MARCH 2010
CITY OF ROUND ROCK
MASONRY MAINTENANCE OF A BUILDING
PART 1
GENERAL
1. PURPOSE: The City seeks to contract with a qualified bidder to provide all equipment, goods
and labor to clean (power wash), remove old grout, re -grout, prep and re -seal masonry exterior of
City owned facilities identified on the Invitation for Bid (IFB).
2. DEFINITIONS: The following definitions will be used for identified terms throughout the
specification and bid document:
2.1. Agreement —A mutually binding legal document obligating the Vendor to furnish the
goods, equipment or services, and obligating the City to pay for it.
2.2. Bid/Proposal - is a complete, properly signed response to a Solicitation that if accepted,
would bind the Bidder/Proposer to perform the resulting contract.
2.3. Bidder/Proper identified throughout this specification shall describe persons and entities
that consider themselves qualified to provide the goods, equipment or services.
2.4. City — Identifies the City of Round Rock, Travis and Williamson Counties, Texas.
2.5. Goods represent materials, supplies, commodities and equipment.
2.6. Piggyback Contract — A term used to identify contract/agreement or purchase order that has
been competitively bid in accordance with State of Texas statutes, rules, policies and
procedures and have been extended for the use of state and local agencies and active
State of Texas CO-OP entities.
2.7. Purchase Order - is an order placed by the Purchasing Office for the purchase of Goods
or Services written on the City's standard Purchase Order form and which, when
accepted by the Bidder, becomes a contract. The Purchase Order is the Bidder's
authority to deliver and invoice the City for Goods or Services specified, and the City's
commitment to accept the Goods or Services for an agreed upon price.
2.8. Services - work performed to meet a demand. The furnishing of labor, time, or effort by
the vendor and their ability to comply with promised delivery dates, specification and
technical assistance specified
2.9. Subcontractor - Any person or business enterprise providing goods, labor, and/or
services to a Vendor if such goods, equipment, labor, and/or services are procured or
used in fulfillment of the Vendor's obligations arising from a contract with the City.
2.10. Vendor — (Sometimes referred to as Contractor) A person or business enterprise
providing goods, equipment, labor and/or services to the City as fulfillment of obligations
arising from an agreement or purchase order.
2.11. Goods - represent materials, supplies, commodities and equipment.
Page 1 of 7
SPECIFICATION NO.
10-910-51
DATED: MARCH 2010
3. CONFLICT OF INTEREST: Effective January 1, 2006, Chapter 176 of the Texas Local
Government Code (House Bill 914) requires that any vendor or person considering doing
business with a local government entity disclose the vendor or person's affiliation or business
relationship that might cause a conflict of interest with a local government entity. The Conflict of
Interest Questionnaire form is available from the Texas Ethics Commission at
www.ethics.state.tx.us. Completed Conflict of Interest Questionnaires may be mailed or
delivered by hand to the City Secretary. If mailing a completed form, please mail to:
City of Round Rock
City Secretary
221 East Main Street
Round Rock, Texas 7866
3.1. Any attempt to intentionally or unintentionally conceal or obfuscate a conflict of
interest may automatically result in the disqualification of the vendor's proposal.
4. CLARIFICATION: For clarification of specifications, bidders may contact:
Carolyn Brooks
Purchasing
City of Round Rock
Telephone: 512-218-5457
cmb@round-rock.bc.us
The individual listed above may be contacted by telephone or visited for clarification of the
specifications only. No authority is intended or implied that specifications may be amended or
alterations accepted prior to bid opening without written approval of the City of Round Rock through
the Purchasing Division.
5. BEST VALUE: All bids received shall be evaluated based on the best value for the City. In
determining best value, the City may consider:
5.1. The purchase price;
5.2. Reputation of the bidder and of bidder's goods and services;
5.3. The quality of the bidder's goods or services;
5.4. The extent to which the goods or services meet the City's needs;
5.5. Bidder's past relationship with the City;
5.6. The total Tong -term cost to the Municipality to acquire the bidder's goods or services; and
5.7. Any relevant criteria specifically listed in the solicitation.
6. EX PARTE COMMUNICATION: Please note that to insure the proper and fair evaluation of a bid,
the City of Round Rock prohibits ex parte communication (e.g., unsolicited) initiated by the Bidder to
the City Official or Employee evaluating or considering the bids prior to the time a bid decision has
been made. Communication between Bidder and the City will be initiated by the appropriate City
Official or Employee in order to obtain information or clarification needed to develop a proper and
accurate evaluation of the bid. Ex parte communication may be grounds for disqualifying the
offending Bidder from consideration or award of the bid then in evaluation, or any future bid.
PART II
SPECIFICATIONS
1. SCOPE: This specification describes a service to clean, remove old grout, prepare and re -grout
and re -seal masonry siding of two 3 -story buildings and one 2 -story buildings owned and
operated by the City. Services shall include, but not be limited to power washing, re -grout and
re -seal masonry exterior. Buildings shall be prepared and resealed in accordance with the
minimum requirements herein and as mutually agreed between the vendor and the City.
Page2of7
SPECIFICATION NO.
10-910-51
DATED: MARCH 2010
2. STATEMENT OF INTENT: These specifications cover only the general requirements as to the
performance and service criteria of the building maintenance, as well as certain details to which
the successful bidder shall conform.
3. PRE-BID MEETING AND SITE VISIT: A pre-bid meeting and walk through will be conducted
Monday, March 29, 2010 at 2:OOpm, City Hall 221 E. Main Street, Round Rock, Texas.
Potential bidders are strongly urged to attend the pre-bid meeting to become aware of all
conditions affecting performance and bid prices.
4. BIDDER QUALIFICATIONS: The opening of a bid will not be construed as the City's acceptance
of such bidder as qualified and responsible. All bidders shall:
4.1 Be firms, corporations, individuals or partnerships normally engaged in the sale and
distribution of commodity or provision of the services as specified herein.
4.2 Have adequate organization, facilities, equipment and personnel to ensure prompt and
efficient service to the City.
4.3 Provide references to include the name, address, telephone number and point of contact
of at least three entities for which the Respondent has preformed similar service and or
utilized the exact technology within the past three years. Any negative responses
received may result in disqualification of bid.
4.4 Identify any subcontractors to be used for this project. Experience, qualifications and
references of the subcontractors shall be submitted. The City reserves the right to
approve or disapprove all subcontractors prior to any work being performed.
4.5 Include with bid submittal an itemized list of maintenance processes with all costs.
5. MASONRY GROUT & RE -SEALING: Exterior masonry maintenance shall include, but not be
limited to the following. NOTE: Buildings shall require varied levels of renovations. The Vendor
shall:
5.1 Remove existing exterior sealing on joints, windows, and doors to all three stories of the
City Hall Building.
5.2 Re -Seal exterior joints, windows, and doors to three stories of City Hall Building.
5.3 Remove exterior sealing on joints, windows, and doors to two stories Business Center
Complex Building.
5.4 Re -Seal exterior joints, windows, and doors to two stories Business Center Complex
Building.
5.5 Pressure Wash three stories of City Hall Parking Garage.
5.6 Pressure Wash three stories of City Hall Building.
5.7 Pressure Wash two stories of Business Center Complex.
6. MATERIAL: Vendor shall include with bid submittal MSDS sheet on all materials to be used for
this project.
7. PROJECT ADMINISTRATOR: All work performed under the contract will be supervised and
verified by the City designee noted below:
Pete Dominguez
City of Round Rock
Project Manager
(512) 801-4547
pdominguez@round-rock.tx.us
Page 3 of 7
SPECIFICATION NO,
10-910-51
DATED: MARCH 2010
8. CONTRACTOR TIMELINE: Contractor shall provide a timeline for mobilization and
completion of the project. Work shall commence on or before April 19, 2010 and shall be
completed no later than May 21, 2010. Any deviation from the stated timelines shall require
prior approval from the Project Administrator.
9. RESPONSIBLE FOR DAMAGES: Any damage to building and or city property during the
project shall be repaired by the contractor immediately and at the contractors expense.
10. SITE RESTRICTIONS:
10.1 Barricades shall be used to direct traffic (foot and/or motor) from work site.
10.2 All trash generated from construction and crew shall be removed and disposed of
and in an approved manner each day.
10.3 Parking: Contractor shall have its employee's vehicles and company vehicles park in
a designated area. This area shall be determined at the beginning of any work.
10.4 City Facilities: The contractor shall not use the City's buildings or facilities to
accomplish any work or to fulfill any contractual obligation.
10.5 City Equipment: The contractor shall not use any City owned equipment for use in its
operation.
10.6 No visitors, wives, husbands or children of the successful vendor's employees shall be
allowed in the workplace during working hours, unless they are bona fide employees of
the successful vendor.
11. WARRANTY PERIOD: If, at any time after the date of substantial completion or such longer
period of time as may be prescribed by laws or regulations, any work is found to be
defective, the Contractor shall promptly, without cost to the City, and in accordance with the
City's written instructions:
11.1 Correct such defective work, or, if it has been rejected by the city, remove it from the
site and replace it with work that is not defective, and
11.2 Satisfactorily correct or remove and replace any damage to other work or the work of
others resulting there from.
11.3 If the Contractor does not promptly comply with the terms of such instructions, or in
an emergency where delay would cause serious risk of loss or damage, the City may
have the defective work corrected or the rejected work removed and replaced, and
all claims, costs, losses and damages caused by or resulting from such removal and
replacement (including but not limited to all costs of repair or replacement of work of
others) shall be paid by the Contractor.
PART III
ACCEPTANCE AND PAYMENT
1. FINAL INSPECTION: Upon written notice from the Contractor that the entire work is complete,
the Project Administrator will make a final inspection with the Contractor and provide written
notice of all particulars in which this inspection reveals that any work is incomplete or defective.
The Contractor shall immediately take such measures as are necessary to complete such work
or remedy such deficiencies.
2. INVOICING: Contractor shall submit one original and one copy of each invoice to the following
address:
CITY OF ROUND ROCK
Accounts Payable
221 East Main Street
Round Rock, Texas 78664-5299
Email: apinvoicesAround-rock.tx.us
Fax No.: 512-218-5442
Page 4 of 7
SPECIFICATION NO.
10-910-51
DATED: MARCH 2010
3. PROMPT PAYMENT POLICY: Payments will be made within thirty days after the city receives the
supplies, materials, equipment, or the day on which the performance of services was completed
or the day on which the City receives a correct invoice for the supplies, materials, equipment or
services, whichever is later. The Vendor may charge a late fee (fee shall not be greater than that
which is permitted by Texas law) for payments not made in accordance with this prompt payment
policy; however, this policy does not apply to payments made by the City in the event:
3.1. There is a bona fide dispute between the City and Vendor concerning the supplies,
materials, services or equipment delivered or the services performed that causes the
payment to be late; or
3.2. The terms of a federal agreement, grant, regulation, or statute prevent the City from
making a timely payment with Federal Funds; or
3.3. There is a bona fide dispute between the Vendor and a subcontractor or between a
subcontractor and its suppliers concerning supplies, material, or equipment delivered or
the services performed which caused the payment to be late; or
3.4. The invoice is not mailed to the City in strict accordance with instructions, if any, on the
purchase order or agreement or other such contractual agreement.
4. OVERCHARGES: Vendor hereby assigns to purchaser any and all claims for overcharges
associated with this agreement which arise under the antitrust laws of the United States, 15
USGA Section 1 et seq., and which arise under the antitrust laws of the State of Texas, Bus. and
Com. Code, Section 15.01, et seq.
PART IV
GENERAL CLAUSES AND CONDITIONS
1. LABOR: The Vendor shall provide all labor and goods necessary to perform the project. The
Vendor shall employee all personnel for work in accordance with the requirements set forth by
the United States Department of Labor.
2. EXCEPTIONS: Any variation from this specification must be indicated on the bid or on a
separate attachment to the bid. The sheet shall be labeled as such.
3. STANDARDIZATION: The City of Round Rock is committed to procuring quality goods and
equipment. We encourage manufacturers to adopt the International Organization for
Standardization (ISO) 9001-9003, latest revision standards, technically equivalent to the
American National Standards Institute/American Society for Quality Control (ANSI/ASQC Q91-93
1987), and obtain certification. Adopting and implementing these standards is considered
beneficial to the manufacturer, the City, and the environment. It is the City's position that the total
quality management concepts contained within these standards can result in reduced production
costs, higher quality products, and more efficient use of energy and natural resources.
Manufacturers should note that future revisions to this specification might require ISO
certification.
4. ENVIRONMENT: It is the intent of the City to purchase good and equipment having the least
adverse environmental impact, within the constraints of statutory purchasing requirements,
departmental needs, availability, and sound economical considerations. Suggested changes and
environmental enhancements for possible inclusion in future revisions of this specification are
encouraged.
5. DAMAGE: The Vendor shall be responsible for damage to the City's equipment and/or property,
the workplace and its contents by its work, negligence in work, its personnel and equipment. The
Vendor shall be responsible and liable for the safety; injury and health of its working personnel
while its employees are performing service work.
Page 5 of 7
SPECIFICATION NO.
10-910-51
DATED: MARCH 2010
6. WORKPLACE: The City is committed to maintaining an alcohol and drug free workplace.
Possession, use, or being under the influence of alcohol or controlled substances by Vendor,
Vendor's employees, subcontractor(s) or subcontractor (s') employees while in the performance
of the service is prohibited. Violation of this requirement shall constitute grounds for termination
of the service.
10. INTERLOCAL COOPERATIVE CONTRACTING: Other governmental entities may be extended the
opportunity to purchase off of the City of Round Rock's solicitation, with the consent and agreement
of the awarded vendor(s) and the City of Round Rock. Such consent and agreement shall be
conclusively inferred from lack of exception to this clause in vendor's response. However, all parties
indicate their understanding and all parties hereby expressly agree that the City of Round Rock is not
an agent of, partner to, or representative of those outside agencies or entities and that the City of
Round Rock is not obligated or liable for any action or debts that may arise out of such
independently -negotiated "piggyback" procurements.
11. NON -APPROPRIATION: The resulting Agreement is a commitment of the City's current revenues
only. It is understood and agreed the City shall have the right to terminate the Agreement at the
end of any City fiscal year if the governing body of the City does not appropriate funds sufficient
to purchase the estimated yearly quantities, as determined by the City's budget for the fiscal year
in question. The City may effect such termination by giving Vendor a written notice of termination
at the end of its then current fiscal year.
12. ABANDONMENT OR DEFAULT: A Vendor who abandons or defaults the work on the contract
and causes the City to purchase the services elsewhere may be charged the difference in service
if any and shall not be considered in the re -advertisement of the service and may not be
considered in future bids for the same type of work unless the scope of work is significantly
changed.
13. COMPLIANCE WITH LAWS: The successful bidder shall comply with all federal, state, and local
laws, statutes, ordinances, rules and regulations, and the orders and decrees of any court or
administrative bodies or tribunals in any matter affecting the performance of the resulting
agreement, including without limitation, workers' compensation laws, minimum and maximum
salary and wage statutes and regulations, and licensing laws and regulations. When requested,
the Vendor shall furnish the City with satisfactory proof of its compliance.
14. CODES, PERMITS AND LICENSES: The successful bidder shall comply with all National, State
and Local standards, codes and ordinances and the terms and conditions of the services of the
City of Round Rock, Texas, as well as other authorities that have jurisdiction pertaining to
equipment and materials used and their application. None of the terms or provisions of the
specification shall be construed as waiving any rules, regulations or requirements of these
authorities. The successful bidder shall be responsible for obtaining all necessary permits,
certificates and/or licenses to fulfill contractual obligations (City of Round Rock fees and costs
will be waived).
15. INDEMNITY: Vendor shall indemnify, save harmless and defend the City, its officers, agents,
servants, and employees from and against any and all suits, actions, legal proceedings, claims,
demands, damages, costs, expenses, attorney's fees and any and all other costs or fees incident
to the performance of the resulting agreement and arising out of a willful or negligent act or
omission of the Vendor, its officers, agents, servants and employees.
16. INSURANCE: The successful Bidder shall meet or exceed ALL insurance requirements set forth
by the City as identified in Attachment A to the specifications. Any additional insurance
requirements of participating or cooperative parties will be included as subsequent Attachments
and shall require mandatory compliance.
6 of 7
SPECIFICATION NO.
10-910-51
DATED: MARCH 2010
17. LIENS: Vendor agrees to and shall indemnify and save harmless the City against any and all
liens and encumbrances for all labor, goods and services which may be provided under the
resulting agreement. At the City's request the Vendor or subcontractors shall provide a proper
release of all liens or satisfactory evidence of freedom from liens shall be delivered to the City.
18. GOVERNING LAW: Any resulting agreement shall be governed by and construed in accordance
with the Laws of the State of Texas.
19. VENUE: Both the City and the Vendor agree that venue for any litigation arising from a resulting
agreement shall lie in Williamson County.
20. INDEPENDENT CONTRACTOR: It is understood and agreed that the Contractor shall not be
considered an employee of the City. The Contractor shall not be within protection or coverage of
the City's Worker' Compensation insurance, Health Insurance, Liability Insurance or any other
insurance that the City from time to time may have in force and effect.
7 of 7
ATTACHMENT A
City of Round Rock
Insurance Requirements
ATTACHMENT A
CITY OF ROUND ROCK
INSURANCE REQUIREMENTS
1. INSURANCE: The Vendor shall procure and maintain at its sole cost and expense for the duration
of the contract or purchase order resulting from a response to this bid/Specification insurance
against claims for iniuries to persons or damages to property which may arise from or in
connection with the performance of the work as a result of this bid by the successful bidder, its
agents, representatives, volunteers, employees or subcontractors.
1.1. Certificates of Insurance and endorsements shall be furnished to the City and approved
by the City before work commences.
1.2. The following standard insurance policies shall be required:
1.2.1. General Liability Policy
1.2.2. Automobile Liability Policy
1.2.3. Worker's Compensation Policy
1.3. The following general requirements are applicable to all policies:
1.3.1. Only insurance companies licensed and admitted to do business in the State of
Texas shall be accepted.
1.3.2. Deductibles shall be listed on the Certificate of Insurance and are acceptable
only on a per occurrence basis for property damage only.
1.3.3. Claims made policies shall not be accepted, except for Professional Liability
Insurance.
1.3.4. Upon request, certified copies of all insurance policies shalt be furnished to the
City
1.3.5. Policies shall include, but not be limited to, the following minimum limits:
1.3.5.1. Minimum Bodily Injury Limits of $300,000.00 per occurrence.
1.3.5.2. Property Damage Insurance with minimum limits of $50,000.00 for
each occurrence.
1.3.5.3. Automobile Liability Insurance for all owned, non -owned, and hired
vehicles with minimum limits for Bodily Injury of $100,000.00 each
person, and $300,000.00 for each occurrence, and Property
Damage Minimum limits of $50,000.00 for each occurrence.
1.3.5.4. Statutory Worker's Compensation insurance and minimum
$100,000.00 Employers Liability Insurance.
1.3.6. Coverage shall be maintained for two years minimum after the termination of the
Contract.
1.4. The City shall be entitled, upon request, and without expense to receive copies of
insurance policies and all endorsements thereto and may make reasonable request for
deletion, revision, or modification of particular policy terms, conditions, limitations, or
exclusions (except where policy provisions are established by law or regulation binding
either of the parties hereto or the underwriter of any of such policies). Upon such request
by the City, the Vendor shall exercise reasonable efforts to accomplish such changes in
policy coverage and shall pay the cost thereof. All insurance and bonds shall meet the
requirements of the bid specification and the insurance endorsements stated below.
1.5. Vendor agrees that with respect to the required insurance, alt insurance contracts and
certificate(s) of insurance will contain and state, in writing, on the certificate or its
attachment, the following provisions:
Page 1 of 4
1.5.1. Provide for an additional insurance endorsement clause declaring the Vendor's
insurance as primary.
1.5.2. Name the City and its officers, employees, and elected officials as additional
insured's, (as the interest of each insured may appear) as to all applicable
coverage.
1.5.3. Provide thirty days notice to the City of cancellation, non -renewal, or material
changes
1.5.4. Remove all language on the certificate of insurance indicating:
1.5.4.1. That the insurance company or agent/broker shall endeavor to notify
the City; and,
1.5.4.2. Failure to do so shall impose no obligation of liability of any kind
upon the company, its agents, or representatives.
1.5.5. Provide for notice to the City at the addresses listed below by registered mail:
1.5.6. Vendor agrees to waive subrogation against the City, its officers, employees,
and elected officials for injuries, including death, property damage, or any other
loss to the extent same may be covered by the proceeds of insurance.
1.5.7. Provide that all provisions of this contract concerning liability, duty, and standard
of care together with the indemnification provision, shall be underwritten by
contractual liability coverage sufficient to include such obligations within
applicable policies.
1.5.8. All copies of the Certificate of Insurance shall reference the project name, bid
number or purchase order number for which the insurance is being supplied.
1.5.9. Vendor shall notify the City in the event of any change in coverage and shall
give such notices not less than thirty days prior notice to the change, which
notice shall be accomplished by a replacement Certificate of Insurance.
1.5.10. All notices shall be mailed to the City at the following addresses:
Assistant City Manager
City of Round Rock
221 East Main
Round Rock, TX 78664-5299
City Attorney
City of Round Rock
309 East Main
Round Rock, TX 78664
2. WORKERS COMPENSATION INSURANCE
2.1. Texas Labor Code, Section 406.098 requires workers' compensation insurance coverage
for all persons providing services on building or construction projects for a governmental
entity.
2.1.1. Certificate of coverage ("certificate") - A copy of a certificate of insurance, a
certificate of authority to self -insure issued by the Texas Workers' Compensation
Commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or
TWCC-84), showing statutory workers' compensation insurance coverage for
the person's or entity's employees providing services on a project, for the
duration of the project.
2.1.2. Duration of the project - includes the time from the beginning of the work on the
project until the CONTRACTOR'S /person's work on the project has been
completed and accepted by the OWNER.
2.2. Persons providing services on the project ("subcontractor") in Section 406.096 - includes
all persons or entities performing all or part of the services the CONTRACTOR has
undertaken to perform on the project, regardless of whether that person contracted
directly with the CONTRACTOR and regardless of whether that person has employees.
This includes, without limitation, independent contractors, subcontractors, leasing
companies, motor carriers, owner -operators, employees of any such entity, or employees
of any entity, which furnishes persons to provide services on the project. "Services"
include, without limitation, providing, hauling, or delivering equipment or materials, or
providing labor, transportation, or other service related to a project. "Services" does not
Page 2 of 4
include activities unrelated to the project, such as food/beverage vendors, office supply
deliveries, and delivery of portable toilets.
2.3. The CONTRACTOR shall provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any coverage agreements, that meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the
CONTRACTOR providing services on the project, for the duration of the project.
2.4. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being
awarded the contract.
2.5. If the coverage period shown on the CONTRACTOR'S current certificate of coverage
ends during the duration of the project, the CONTRACTOR must, prior to the end of the
coverage period, file a new certificate of coverage with the OWNER showing that
coverage has been extended.
2.6. The CONTRACTOR shall obtain from each person providing services on a project, and
provide to the OWNER:
2.6.1. a certificate of coverage, prior to that person beginning work on the project, so
the OWNER will have on file certificates of coverage showing coverage for all
persons providing services on the project; and
2.6.2. no later than seven calendar days after receipt by the CONTRACTOR, a new
certificate of coverage showing extension of coverage, if the coverage period
shown on the current certificate of coverage ends during the duration of the
project.
2.7. The CONTRACTOR shall retain all required certificates of coverage for the duration of
the project and for one year thereafter.
2.8. The CONTRACTOR shall notify the OWNER in writing by certified mail or personal
delivery, within 10 calendar days after the CONTRACTOR knew or should have known,
or any change that materially affects the provision of coverage of any person providing
services on the project.
2.9. The CONTRACTOR shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing all persons
providing services on the project that they are required to be covered, and stating how a
person may verify coverage and report lack of coverage.
2.10. The CONTRACTOR shall contractually require each person with whom it contracts to
provide services on a project, to:
2.10.1. provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, that meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all its employees
providing services on the project, for the duration of the project;
2.10.2. provide to the CONTRACTOR, prior to that person beginning work on the
project, a certificate of coverage showing that coverage is being provided for all
employees of the person providing services on a project, for the duration of the
project;
2.10.3. provide the CONTRACTOR, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, if the coverage period
shown on the current certificate of coverage ends during the duration of the
project;
2.10.3.1. obtain from each other person with whom it contracts, and provide to
the CONTRACTOR:
2.1 0.3.1.1.
2.10.3.1.2.
a certificate of coverage, prior to the other person
beginning work on the project; and
a new certificate of coverage showing extension of
coverage, prior to the end of the coverage period, if
the coverage period shown on the current certificate
of coverage ends during the duration of the project
Page 3 of 4
2.10.3.2. retain all required certificates of coverage on file for the duration of
the project and for one year thereafter;
2.10.3.3. notify the OWNER in writing by certified mail or personal delivery,
within 10 calendar days after the person knew or should have
known, of any change that materially affects the provision of
coverage of any person providing services on the project; and
2.10.3.4. contractually require each person with whom it contracts, to perform
as required by paragraphs (A thru G), with the certificates of
coverage to be provided to the person for whom they are providing
services.
2.10.3.5. By signing the solicitation associated with this specification, or
providing, or causing to be provided a certificate of coverage, the
Contractor is representing to the Owner that all employees of the
Contractor who will provide services on the project will be covered
by workers' compensation coverage for the duration of the project,
that the coverage will be based on proper reporting of classification
codes and payroll amounts, and that all coverage agreements will
be filed with the appropriate insurance carrier or, in the case of a
self-insured, with the Commission's Division of Self-Insurance
Regulation. Providing false or misleading information may subject
the Contractor to administrative penalties, criminal penalties, civil
penalties, or other civil actions.
2.10.3.6. The Contractor's failure to comply with any of these provisions is a
breach of contract by the Contractor that entitles the Owner to
declare the contract void if the Contractor does not remedy the
breach within ten calendar days after receipt of notice of breach
from the owner.
Page 4 of 4
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viaW
ROUND ROCK, TEXAS
PURPOSE. PASVON. PROSPERITY.
CITY OF ROUND ROCK. TEXAS
INVITATION FOR BID ADDENDUM
MASONRY MAINTENANCE, EXTERIOR BLDG — CITY HALL
IFB No. 10-017 Addendum No. 1 Date of Addendum: March 31, 2010
The following items in the IFB identified above have been changed to include:
1. Add requirements to Part II, Specifications,:
Bid Bond: A bid bond or cashier's check made out to the City in the amount of five percent of the total bid
shall accompany the bid response.
Performance Bond :The check/ bid bond of the successful bidder will be retained until the successful
bidder furnishes the City with an acceptable performance bond in the amount of the 100 percent of the
total bid/contract price. The performance bond must be submitted to the City within seven (7) days from
date of award. Said performance bond shall be forfeited for failure to perform on any part of
specifications and contract outlined herein. Such bond shall be issued from a reliable surety company,
licensed to do business in the State of Texas and acceptable to the City.
City Responsibility: The City will:
Provide clean, potable water at each site.
Provide electricity at each site
2. Paragraph 6, Part11, Specifications — Materials has been changed to include:
2.1. Sealant shall have a minimum twenty (20) year warranty.
2.2. City will not specify a cleaning agent for power washing buildings. It is recommended that water
be used alone if possible for a satisfactory clean.
3. Paragraph 8, Part 11 Specifications — Contractor Timeline has been changed to include:
Contractor shall provide a timeline for mobilization and completion of the project. Work shall commence
as agreed to by the Contractor and Project Administrator.
4. Paragraph 11, Part II, Specification — Warranty Period has been changed to include:
Contractor shall warranty work for a minimum of twenty (20) years.
All other terms and = ndition of thi : and specifications remain unchanged.
Approved by
By the signatures affixed belo , Addendum No. 1 is hereby incorporated into and made a part of the above
referenced IFB.
ACKNOWLEDGED
DlipME14-G/NG
Vendor
Aut
nature
Date
RETURN ONE COPY OF THIS ADDENDUM TO THE PURCHASING OFFICE,
CITY OF ROUND ROCK WITH
YOUR SEALED BID. FAILURE TO DO SO MAY CONSTITUTE GROUNDS FOR REJECTION OF YOUR BID.
SUBMITTAL ATTACHMENT
A
SureTec
BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we Prism Development, Inc.
as principal, hereinafter called the "Principal," and SURETEC INSURANCE COMPANY, 9737 Great Hills Trail,
Suite 320, Austin, Tx 78759, as surety, hereinafter called the "Surety," are held and firmly bound unto
City of Round Rock as obligee, hereinafter called the
Obligee, in the sum of Five (5%) percent of the total amount bid
Percent ( 5% %) of the Amount Bid by Principal for the payment of which sum well and truly to be made, the
said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,
jointly and severally, firmly by these presents.
WHEREAS, the principal has submitted a bid for Masonry Maintenance Exterior Building - City Hall
Project No. 10-017
NOW, THEREFORE, if the contract be timely awarded to the Principal and the Principal shall within such time as
specified in the bid, enter into a contract in writing or, in the event of the failure of the Principal to enter into such
Contract, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the
amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another
party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full
force and effect.
PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution
of the final contract shall furnish evidence of financing in a manner and form acceptable to Principal and Surety that
financing has been firmly committed to cover the entire cost of the project.
SIGNED, sealed and dated this 6th day of April , 20 10
Prism Development, Inc.
SureTec Insurance Compan
BY:
David S. Bellew , Attorney -in -Fact
POA #: Bid Bond
SureTec Insurance Company
L1Ml1'ED POWER OF ATTORNEY
Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and
existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents
make, constitute and appoint
David S. Bellew
its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge
and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the
conditions of contracts and consents of surety for:
Principal: Prism Development, Inc.
Obligee: City of Round Rock
Amount: $ 190,000.00
and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate
seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the
premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec
Insurance Company:
Be it Resolved that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is
hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on
behalf of the Company subject to the following provisions:
Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and
deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be it Resolved that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or
any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid
and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20* of April,
1999.)
In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal
to be hereto affixed this 1st day of April, A.D. 2007.
State of Texas ss:
County of Harris
SURETEC INS CE COMPANY
By:
B.J.
On this I st day of April, A.D. 2007 before me personally came B.J. King, to me known, who, being by me duly sworn, did depose and say, that he
resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above
instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the
Board of Directors of said Company; and that he signed his name thereto by like order.
;°.►► RHONDA MCCARY
'
Notary Public, State of Texas
My Commission 44,:tc+September 11, 2010s
1
RcAo-Katk
M
Rhonda McCary, Notary Publ
My commission expires September 11, 2010
1, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy
of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set
out in the Power of Attorney are in full force and effect.
Given under my hand and the seal of said Company at Houston, Texas this 6th
day of
April
2010
M. Brent Beaty, Assistant cretary
Any Instrument Issued In excess of the penalty stated above is totally void and without any validity.
For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 6:00 pm CST.
, A.D.
SureTec Insurance Company
THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION
Statutory Complaint Notice
To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or
to make a complaint at: 1-866-732-0099. You may also write to the Surety at:
SureTec Insurance Company
9737 Great Hills Trail, Suite 320
Austin, Tx 78759
You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or
complaints at 1-800-252-3439. You may write the Texas Department of Insurance at
PO Box 149104
Austin, TX 78714-9104
Fa,:512-475-1771
PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you
should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance.
Terrorism Risks Exclusion
The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for,
losses caused by acts of terrorism, riot, civil insurrection, or acts of war.
Exclusion of Liability for
Mold, Mycotoxins, Fungi & Environmental Hazards
The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable
for, molds, living or dead fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or their related
products or parts, nor for any environmental hazards, bio -hazards, hazardous materials, environmental spills,
contamination, or cleanup, nor the remediation thereof, nor the consequences to persons, property, or the
performance of the bonded obligations, of the occurrence, existence, or appearance thereof.
Rev 1.1.06
Williamson County
Investiment Inc.
301
0
0
0
co
O)
N
69
Extended
$15,468.00 $15,468.00
Did not provide sealer
$2,985.001
$10,854.001 $10,854.00
Did not provide sealer
VENDOR
DELIVERY:
TOTAL:
Unit $
$2,985.00
i a
Prism Development
$133,403.00
Extended
°$56,843.00 $56,843.00
Sonolastic 150 wNLM
Technology
0
'.0
CO
CO
coi
69.
$57.695.00 $57,695.00
Sonolastic 150 wN-LM
Technolo.
VENDOR
DELIVERY:
[TOTAL:
69.
M
$18,865.001
Partners Remodeling
Resortation and
60)
00
O
O
O
to
O)
(.,-#
Extended
$70,000.001 $70,000.00
Dow Corning 7`95 Primer P
O
O
O
O
O
$15,000.00 $15,000.00
Dow Corning 795 Primer P
VENDOR
DELIVERY:
TOTAL:
to
C
m
O
O
O
O
O
ci.
r
r
d4
Carlin Contracting 1
30
$159,883.60
Extended
$52,418.251' $62,418.25
Pentration Concrete
1$)
trl"..
N
$43,251.00 j. $43,251.00
Pentration Concrete
VENDOR
(DELIVERY:
TOTAL:
c
M
to
M
Nr
N
u
2
2
a
r)
›-
H
Cr
10-017
4/6/2010
Masonry Maintenance of
City Hall and City
Business Center
Bid item(s)
City Hall
Parking Garage
Business Center
BID TAB
BID NUMBER:
Z
Z
W
0
0
a
m
E
413
N
CO