R-11-05-26-11C4 - 5/26/2011RESOLUTION NO. R -11-05-26-11C4
WHEREAS, the City of Round Rock has duly advertised for bids for the purchase of removal
and application of thermoplastic reflectorized pavement markings, and
WHEREAS, D.I.J. Construction, Inc. has submitted the lowest responsible bid, and
WHEREAS, the City Council wishes to accept the bid of D.I.J. Construction, 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 Removal and Application of Thermoplastic Reflectorized Pavement Markings With
D.I.J. Construction, 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 26th day of May, 2011.
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
ROmite-
SARA L. WHITE, City Secretary
O:\wdox\SCClnts\0112\ 1104\MUNICIPAL\00222643.DOC/rmc
EXHIBIT
CITY OF ROUND ROCK
AGREEMENT FOR REMOVAL AND APPLICATION
01? THERMOPLASTIC REFLECTORIZED PAVEMENT MARKINGS
WITH D.I.J. CONSTRUCTION, INC.
THE STATE OF TEXAS
CITY OF ROUND ROCK
COUNTY OF WILLIAMSON
COUNTY OF TRAVIS
§
KNOW ALL BY THESE PRESENTS:
That this Agreement for purchase of removal and application of thermoplastic
reflectorized pavement markings (referred to herein as the "Agreement") is made and entered
into on this the day of the month of , 2011, by and 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 D.I.J.
CONSTRUCTION, INC., a Texas corporation whose offices are located at Post Office Box
1609, Bertram, Texas 78605 (referred to herein as the "Vendor"). This Agreement supersedes
and replaces any previous agreement between the named parties, whether oral or written, and
whether or not established by custom and practice.
RECITALS:
WHEREAS, City desires to purchase removal and application of theremoplastic
reflectorized pavement markings from Vendor; and
WHEREAS, City has issued its "Invitation for Bid" for Vendor to provide 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
Vendor is obligated to furnish specified goods, equipment and/or services, and City is obligated
to pay for said goods, equipment and/or services. The instant Agreement includes the following:
(a) City's Invitation for Bid designated as IFB 11-017, Specification Number 11-968-61 dated
219489/jkg
February 23, 2011; (b) Vendor's Response to IFB; (c) the contract award; and (d) any exhibits,
addenda, and/or amendments thereto.
Any inconsistencies or conflicts in the contract documents shall be resolved by giving
preference in the following order:
1. This Agreement;
2. Vendor's Response to IFB;
3. City's Invitation for Bids, exhibits, and attaclunents.
B. City means the City of Round Rock, Williamson and Travis Counties, Texas.
C. DACS means City's Design and Construction Standards (DACS), Series 800 -
Urban Transportation dated January 1, 2005 and any subsequent revisions thereto. DACS are
available on the following website: http://www.roundrocktexas.gov/docs/ss_800.pdf
D. Effective Date means the date upon which the binding signatures of both parties
to this Agreement are affixed.
E. Force Majeure means acts of God, strikes, lockouts, or other industrial
disturbances, acts of the public enemy, orders of any kind from the government of the United
States or the State of Texas or any civil or military authority, insurrections, riots, epidemics,
landslides, lightning, earthquakes, fires, hurricanes, storms, floods, restraint of the government
and the people, civil disturbances, explosions, or other causes not reasonably within the control
of the party claiming such inability.
F. Goods mean the specified services, supplies, materials, or equipment.
G. Linear Foot means the measurement of a 12" L x 4" W area for all items
specified.
H. Purchase Order means an order placed by the Purchasing Department for the
purchase of goods or services, written on City's standard Purchase Order form, which when
accepted by Vendor becomes an agreement. The Purchase Order is Vendor's authority to deliver
and invoice City for goods or services specified, and is City's commitment to accept the goods or
services for an agreed-upon price.
I. Subcontractor means any person or business enterprise providing goods,
equipment, labor, and/or services to Vendor if such goods, equipment, labor, and/or services are
procured or used in fulfillment of Vendor's obligations arising from an agreement with City.
J. Test Method means the Texas Department of Transportation Test Method.
K. TxDOT means the Texas Department of Transportation.
L. TxDOTSS means the Texas Department of Transportation Standard
Specifications for Construction of Highways, Streets and Bridges.
M. Vendor means D.I.J. Construction, Inc., or any of its successors or assigns.
2.01 EFFECTIVE DATE, DURATION, AND TERM
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 three (3) consecutive twelve (12) month
periods from the effective date. Prices shall be firm for the duration of the terms of this
Agreement, except as otherwise provided for herein. This Agreement may be renewed for two
(2) additional periods not to exceed twelve (12) months for each renewal, only upon the express
written agreement of both parties and only provided Vendor has performed each and every
contractual obligation specified in this Agreement.
C. City reserves the right to review Vendor's performance at any time during the
initial agreement period or any renewal periods, and may elect to terminate this Agreement with
or without cause or may elect to continue.
3.01 CONTRACT DOCUMENTS AND EXHIBITS
A. City selected Vendor to supply the goods and services as outlined in IFB 11-017,
Specification Number 11-968-61 dated February 23, 2011, 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.
B. 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 as fully a part of this Agreement as if repeated herein in full.
4.01 ITEMS AWARDED
A. All bid items on Exhibit "A" are awarded to Vendor.
5.01 COSTS; ESTIMATED QUANTITIES; PRICE AND PRICE ADJUSTMENTS
A. Bid costs Listed on Exhibit "A" shall be the basis of any charges collected by
Vendor.
B. The quantities shown are estimates only. No guarantee of any minimum or
maximum purchase is made or implied, other than a work order minimum of $5,000.00 as
indicated on Vendor's Response to IFB. City will order only the amounts needed to satisfy
3
operating requirements, which may be more or less than indicated. City reserves the right to
increase or decrease order quantities as needed.
C. The contract price bid shall be firm for the contract duration and extension
periods except as follows: 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 (PPI) located at
http://stats.bls.gov/ppi/home.htm. At the time of execution hereof, Vendor shall identify the
official PPI date/rate used in Vendor's Response to IFB. Any price increase shall be requested
by Vendor in writing and accompanied by appropriate documentation to justify the increase.
Vendor may offer -price decreases in excess of the allowable percentage change. No separate line
item charges shall be permitted for bidding or invoicing purposes, which shall include equipment
rental, demurrage, costs associated with obtaining permits, or any other extraneous charges.
6.01 INVOICES
A. All invoices shall include, at a minimum, the following information:
1. Name and address of Vendor;
2. Purchase Order Number;
3. Description and quantity of items received; and
4. Delivery dates.
7.01 INTERLOCAL COOPERATIVE CONTRACTING / PURCHASING
Authority for local governments to contract with one another to perform certain
governmental functions and services, including but not limited to purchasing functions, is
granted under Government Code, Title 7, Chapter 791, Interlocal Cooperation Contracts,
Subchapter B and Subchapter C, and Local Government Code, Title 8, Chapter 271, Subchapter
F, Section 271.101 and Section 271.102.
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 Iiable for any action or
debts that inay arise out of such independently -negotiated "piggyback" procurements.
8.01 NON -APPROPRIATION AND FISCAL FUNDING
A. 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.
4
9.01 PROMPT PAYMENT POLICY
A. In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any
payment to be made by City will be made within 30 days of date City receives goods hereunder,
the date the performance of the services hereunder 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:
1. There is a bona fide dispute between City and Vendor, a contractor,
subcontractor, or supplier about the goods delivered or the service
performed that causes the payment to be late; or
2. 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
3. The terms of a federal contract, grant, regulation, or statute prevent City
from making a timely payment with federal funds; or
4. The invoice is not mailed to City in strict accordance with any instruction
on the purchase order relating to the payment.
10.01 GRATUITIES AND BRIBES
A. City may, by written notice to Vendor, cancel this Agreement without liability 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.
I1.01 TAXES
A. City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not
be included in Vendor's charges.
12.01 ORDERS PLACED WITH ALTERNATE VENDORS
A. If Vendor cannot provide the goods and services as specified, City reserves the
right and option to obtain same from other suppliers or sources.
13.01 INSURANCE
A. Vendor shall meet all requirements as stated in the attached Invitation for Bid No.
11-017 and its bid response.
14.01 CITY'S REPRESENTATIVE
A. City hereby designates the following representative(s) authorized to act in its
behalf with regard to this Agreement:
Todd A. Keltgen
City of Round Rock Transportation Services
Operations and Maintenance Manager
910 Luther Peterson Place
Round Rock, Texas 78664
512-218-5583
toddk@round-rock.tx.us
15.01 RIGHT TO ASSURANCE
A. Whenever either party to this Agreement, in good faith, has reason to question the
other party's intent to perform hereunder, then demand may be made to the other party for
written assurance of the intent to perform. In the event that no written assurance is given within
the reasonable time specified when demand is made, then and in that event, the demanding party
may treat such failure as an anticipatory repudiation of this Agreement.
16.01 DEFAULT
A. If Vendor abandons or defaults under this Agreement and is a cause of City
purchasing the specified goods and services 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.
B. Vendor shall be declared in default of this Agreement if it does any of the
following:
1. Fails to make any payment in full when due;
2. Fails to fully, timely and faithfully perform any of its material obligations
under this Agreement;
3. Fails to provide adequate assurance of performance under the "Right to
Assurance" section herein; or
4. Becomes insolvent or seeks relief under the bankruptcy laws of the United
States.
17.01 TERMINATION AND SUSPENSION
A. City has the right to terminate this Agreement, in whole or in part, for
convenience and without cause, at any time upon thirty (30) days' written notice to Vendor.
B. In the event of any default by Vendor, City has the right to terminate this
Agreement for cause, upon ten (10) days' written notice to Vendor.
C. Vendor has the right to terminate this Agreement for cause, that being in the event
of a material and substantial breach by City, by providing City with one hundred twenty (120)
days' written notice prior to termination of the Agreement; and in the event of such written
notice of termination, Vendor shall continue services for a period of time not to exceed one
hundred twenty (120) days after written notification. Termination under this subsection (C) of
Section 17.01 shall not relieve Vendor of any obligation or liability that has occurred prior to
cancellation.
D. In the event City terminates under subsections (A) or (B) of this Section 17.01,
the following shall apply: Upon City's delivery of the referenced notice to Vendor, Vendor shall
discontinue all services in connection with the performance of this Agreement and shall proceed
to cancel promptly all existing orders and contracts insofar as such orders and contracts are
chargeable to this Agreement. Within thirty (30) days after such notice of termination, Vendor
shall submit a statement showing in detail the goods and/or services satisfactorily performed
under this Agreement to the date of termination. City shall then pay Vendor that portion of the
charges, if undisputed. The parties agree that Vendor is not entitled to compensation for services
it would have performed under the remaining term of the Agreement except as provided herein.
18.01 INDEMNIFICATION
A. 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.
19.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES
A. 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.
7
20.01 ASSIGNMENT AND DELEGATION
A. The parties each bind themselves, their successors, assigns and Iegal
representatives to each other with respect to the terms of this Agreement. A party shall neither
assign, sublet nor transfer any interest in this Agreement without prior written authorization of
the other party.
21.01 NOTICES
A. 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:
D.I.J. Construction, Inc.
Attention: Terry Nix
Post Office Box 1609
Bertram, Texas 78605
Notice to City:
Steve Norwood
City Manager
221 East Main Street AND TO:
Round Rock, TX 78664
Stephan L. Sheets
City Attorney
309 East Main Street
Round Rock, TX 78664
B. Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of City and Vendor.
22.01 APPLICABLE LAW; ENFORCEMENT AND VENUE
A. This Agreement shall be enforceable in Round Rock, Texas, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or conditions
herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be
governed by and construed in accordance with the laws and court decisions of the State of Texas.
23.01 EXCLUSIVE AGREEMENT
A. 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.
8
24.01 DISPUTE RESOLUTION
A. 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.
B. City and Vendor hereby expressly agree that no claims or disputes between the
parties arising out of or relating to this Agreement or a breach thereof shall be decided by any
arbitration proceeding, including without limitation, any proceeding under the Federal
Arbitration Act (9 USC Section 1-14) or any applicable state arbitration statute.
25.01 SEVERABILITY
A. The invalidity, illegality, or unenforceability of any provision of this Agreement
or the occurrence of any event rendering any portion or provision of this Agreement void shall in
no way affect the validity or enforceability of any other portion or provision of this Agreement.
Any void provision shall be deemed severed from this Agreement, and the balance of this
Agreement shall be construed and enforced as if this Agreement did not contain the particular
portion or provision held to be void. The parties further agree to amend this Agreement to
replace any stricken provision with a valid provision that comes as close as possible to the intent
of the stricken provision. The provisions of this section shall not prevent this entire Agreement
from being void should a provision, which is of the essence of this Agreement, be determined
void.
26.01 MISCELLANEOUS PROVISIONS
A. Standard of Care. Vendor represents that it employs trained, experienced and
competent persons to perform all of the services, responsibilities and duties specified herein and
that such services, responsibilities and duties shall be performed in a manner according to
generally accepted industry practices.
B. 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.
C. 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.
D. 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 D.I.J. CONSTRUCTION, INC.
a Texas corporation
By: By:
Title: Title:
Printed Name: Printed Name:
Date Signed: Date Signed: - 4i—//
FOR CITY, ATTEST:
Sara White, City Secretary
FOR CITY, APPROVED AS TO FORM:
Stephan L. Sheets, City Attorney
10
BIDS ARE DUE TO THE PURCHASING OFFICE
AT T11E ABOVE ADDRESS BEFORE DID
OPENING DATE AND T1ME.
INVOICE TO:
City of Round Rock
Accounts Payable
221 East Main Street
Round Rock, Texas 78664-5299
BID F: O.B. °ESTIMATION. FREIGHT PREPAID. AND
ALLO1A0D UNLESS OTHEflV ISE SPECIr1E0 BELOW
DESTINATION:
City of Round Rock
Various Locations
INVITATION FOR BID ttrt3)
CITY OF ROUND ROCK PURCHASING OFFICE
221 E. Main Street
Round Rock, Texas 78664.5299
FACS. V I1 A10 El.EC1nag; i'. flEr3r•Cr7Ct
..+�.LE ::Ji EE PCCEPTEp
S.'JF1EO 0PEWKI GATE a
BO t.U'.BER !'1 LOvaR tPFT
NAVA CORNER OF SEALED B;D
(PALM & SrlOS REIUR.
AOOKESS OF RESPO,•.rf M.
BIDDING INFORMATION: Thermoplastic Pavement
Markings
BID NUMBER 11-017
OPENING DATE:
1310 LOCATION:
3129/2008 at 3-00 P M.
221 £. Alam Street, Council Chambers,
Round Rock, TX 76654
RE OlOi S4•ar0 ORUraL Ma [6014 COL'S or RfG'O:9E
DIODE $JJAI,L :MN no. OW
Failure to sign will disqualify bid
J _.fAulrai.ed 54
-29 • /f
Date
Terry Nix - Vice President
Print Name
See 17 of Bidding Instructions on page 2
TAxto No: 742291006
LEGALBuslNESS NAME D. I.J. Construction, Inc
AooRESs; P.O. Box 1609 Bertram, TX 78605
ADDRESS
......._._......... .
CONTACT. Terry Nix
TELEPHONE No.: (.512) 3 55 -2 7 66
BUSINESS ENTITY TYPE. Corpora t- ion
'By the signature hereon affixed, the Respondent hereby certifies that neither the Respondent nor the entity represented by the Respondent, or anyone acting for such entity
has violated the antrlrust laws of this State wdthed t
or indirectly, the he submittal made to any competitor of any other person engaged in such line of business'
n Section 15 01 et seq., Texas Business and Commerce Code, or the Federal antitrust laws,: nor communicated directly.
By submitting a response to this solicitation, the Respondent agrees that the City's Standard Definitions, Terms and Conditions shall govern unless specifically provided
otherwise in a separate agreement Said Definitions, Terms and Conditions are subject to change without no5ce It is the sole responsibility of Respondents to stay apprised
of changes The City's Definitions. Terms and Conditions can be obtained front the City's website at hUpf( ,-w roundrocktexas govfhomerindex,asp?page=462. The City's
insurance Requirements shall also apply and can be located al the same website address,
f3ID SHEET
ITEM S DESCRIPTION ESTIMATED QTY
1 MACHINE APPLIED New Pavement Markings-tetratude,ary 109,000
el ted"t~ mows; 60 stttpbars;-100-crosavralks. Ali markings
shall be measured in Linear Feet. r -}t' &j } r, } ON Ly
2 HAND APPLIED: New Pavement Markings to include an estimated 35,000
Taws, 150 stopbars, 100 cross walks. All markings shall be
measured in Linear Feet. 4 d j ft,;pc., hi L �(
3 Marking Elimination (ij.1 11. e 6y int, i;net me -1110d) 30;000
pi
4 Surfaceipreparation for markings � r' 5 r i 1� by I r r3k 3 ") 15,000
1 and Applied ArroWS
UNIT
LF
UNIT PRICE
LF
LF
1.12 -
LF
F_A
,tO
EXTENSION
L) Lin, oU
200.06
i tic>(), p6
1:3 50 .o
W 1 Pik fj t^CI e t, rr i t� i rt T t s s f, `5 cit: .0O
4 Elrrr-r r -r L. at) t.'.5 r1oi
//+ .f /h}
GRAND TOTAL. QC/ 9'7V .t O
DELIVERY IN i 'f DAYS
InGItEC�e `ar.crtCl bico incl Or 5c?cxJ Crr>.:7 n}Lr'7 1w)
EXHIBIT
SOLICITATION NUMBER
11-017
SPECIFICATION NUMBER
11-968-61
DATE: February 23, 2011
CITY OF ROUND ROCK
INVITATION FOR BID
FOR
THERMOPLASTIC PAVEMENT MARKINGS
PART I
GENERAL
1. PURPOSE: The City of Round Rock seeks to establish a multiple year agreement with a qualified
Respondent to provide all equipment, material and labor necessary for the application and
removal of thermoplastic reflectorized pavement markings.
2. DEFINITIONS. TERMS AND CONDITIONS: By submitting a response to this solicitation, the
Respondent agrees that the City's standard Definitions, Terms and Conditions shall govern unless
specifically provided for otherwise in a separate agreement or on the face of a purchase order.
Said Definitions, Terms and Conditions are subject to change without notice. It Is the sole
responsibility of Respondents to stay apprised of changes. The City's current Definitions, Terms
and Conditions can be obtained from the City's website at
htto://www.roundrocktexas.gov/homenndex.asp?page=462.
3. INSURANCE: The Respondent shall meet or exceed ALL insurance requirements set forth by
the City's current Insurance Requirements as identified on the City's website at
htto:/Mww.roundrocktexas.govlhometindex.asp?page=462.
4. CITY CONTACT FOR SOLICITATION CLARIFICATION: For clarification of specifications,
Respondents may contact:
Joy Baggett
Purchaser
Purchasing Division
City of Round Rock
Telephone: 612-218-6682
jbaquetttround-rock.tx.us
The individual above may be contacted for clarification of the specifications of this solicitation
only. No authority is intended or implied that specifications may be amended or alternates
accepted prior to closing date without written approval of the City's Purchasing Department.
Under no circumstances will private meetings be scheduled between Respondents and City staff.
1 of 5
SOLICITATION NUMBER
11-017
SPECIFICATION NUMBER
11-968-61
DATE: February 23, 2011
PARTII
INSTRUCTIONS
1. SOLICITATION SCHEDULE: It is the City's intention to comply with the following solicitation
timeline:
1.1 Solicitations released March 4, 2011
1.2 Deadline for questions March 17, 2011
1.3 City responses to all questions/addendums March 24, 2011
1.4 Responses due by 3:00 p.m. March 29, 2011
All questions regarding the solicitation shall be submitted in writing by 5:00 p.m. on the
due date noted above. A copy of all the questions submitted and the City's response to the
questions shall be posted on our webpage,
http://www.roundrocktexas.gov/home/indexasp?page=462. Questions shall be submitted to the
City contact named above.
The City reserves the right to modify these dates. Notice of date change will be posted to the City
website.
2. DUE DATE: Signed and sealed responses are due to the Purchasing Department on the due date
noted above. Mail or carry sealed responses to:
City of Round Rock, Texas
Purchasing Office
221 E. Main Street
Round Rock, Texas 78664-5299
2.1 Responses received after this time and date will not be considered.
2.2 Sealed responses should be clearly marked on the outside of packaging with the
solicitation title, number, due date and "DO NOT OPEN".
2.3 Facsimile or electronically transmitted responses are not acceptable.
2.4 Late submittals will be returned to Respondent unopened if return address Is provided.
3. BEST VALUE EVALUATION AND CRITERIA: All responses received shall be evaluated based
on the best value for the City. In determining best value, the City may consider the following:
3.1 Purchase price and terms;
3.2 Reputation of Respondent and of Respondents goods and services;
3.3 The quality of the Respondent's goods and services;
3.4 The extent to which the goods and services meet the City's needs;
3.5 Respondent's past relationship with the City;
3.6 Any relevant criteria specifically listed in the solicitation.
2 of 5
SOLICITATION NUMBER
11-017
SPECIFICATION NUMBER
11-968-61
DATE: February 23, 2011
4. QUALIFICATIONS: The opening of a response shall not be construed as the City's acceptance
of such Respondent as qualified and responsive. Ail Respondents shall:
4.1 Be firms, corporations, individuals or partnerships normally engaged in the sale and
distribution of the specified product or service 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, e-mail 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. Negative information
obtained in a reference check may result in Respondent's disqualification.
4.4 Identify any subcontractors to be used for this project. Experience, qualifications and
references of the sub contractors shall be submitted. The City reserves the right to
approve or disapprove any and all subcontractors prior to any work being performed.
PART III
SPECIFICATIONS
1. PURPOSE: The City of Round Rock seeks to establish a multiple year agreement with a qualified
Respondent to provide all equipment, material and labor necessary for the application and
removal of thermoplastic refiectorized pavement markings.
2. SCOPE: This specification describes the application of thermoplastic reflectorized pavement
markings and the removal of existing and raised markings. Services shall include materials,
equipment, construction methods, measurement, application, removal, and payment for markings
of these types, colors, shapes, sizes, widths, and thickness shown on plans or as directed by the
City's Project Administrator.
3. AGREEMENT: The term of the Agreement resulting from the solicitation may be for three (3)
consecutive twelve-month (12) periods of time from the effective date and shall remain in full
force and effect unless and until it expires by operation of the term stated or until terminated or
extended as provided herein. The City reserves the right to:
3.1. Renew the Agreement for two (2) additional periods of time not to exceed twelve (12)
months for each renewal provided bother parties agree.
3.2. Review the following at the end of each twelve-month review period or renewal:
3.2.1. Vendor performance
3.2.2. Price
3.2.3. Continuing need
3.2.4. Advancements In technologies and or service
3.3. The City may terminate the Agreement with or without cause or may continue through the
next twelve-month (12) review or renewal period.
4. PRICE ADJUSTMENT: Per the Agreement that may be established with the successful
Respondent, The City may permit ''unit price" adjustments upward, only as a result of a cost
increase in goods or servtces In accordance with the Producers Price Index (PPI) located at
htto://stats.bts.00v/Dni/home.htm. At the time of said Agreement, the successful Respondent shall
identify the official PPI date and rate used in the response. Any price increase shall be requested
by the successful Respondent In writing and accompanied with the appropriate documentation to
3 of 5
SOLICITATION NUMBER
11-017
SPECIFICATION NUMBER
11-968-61
DATE: February 23, 2011
justify the increase. The successful Respondent may offer price decreases in excess of the
allowable percentage change.
5. INTENDED USE: Respondents shall be responsible for all labor, equipment and materials to
remove and apply pavement markings on City roads that meets or exceeds all of the
requirements as set forth herein. These specifications cover only the general requirements as to
the performance and design criteria of the application and removal of pavement markings, as well
as certain details to which the successful Respondent shall conform.
6. STANDARD: All materials, equipment, construction, preparation and application methods shall be
in accordance with the City of Round Rock's Design and Construction Standards (DACS), Series
800 — Urban Transportation.
6.1 Item No. 861, Reflectorized Pavement Marking, dated January 1, 2005 or latest revision.
6.2 Item No. 874, Elimination of Pavement Marking, dated January 1, 2005 or latest revision.
6.3 DACS are available on the City's website at
htto:/lwww.roundrocktexas.gov/docs/ss 800.pdf.
7. SUBMISSION REQUIREMENTS: Respondents shall submit one (1) executed (signed) original
and two (2) copies of each response. Completed documentation shall include:
7.1 Itemized, Signed Bid Sheet
7.2 Three client references that utilize like products or services. References to include
Business Name, Contact Name, Address, Telephone, and e-mail. Failure to provide
reference information may result in disqualification. A reference form is contained as a
part of this submittal package.
8. SERVICE RESPONSIBILITIES: The Respondent shall provide:
8.1 All personnel, supplies and equipment needed to remove and apply pavement markings
as the City may require from time to time.
8.2 Coordination with the City to develop a project schedule that is mutually agreeable to
both parties. A list of responsible representatives with names, titles, addresses and
telephone numbers shalt be furnished to the City.
8.3 Assignment of a primary contact person to serve as a contact to City representative.
8.4 Staffing for each job with sufficient personnel for a safe and timely completion.
8.5 All equipment used by the Respondent to perform services requiring licensing and
inspection shall be licensed and inspected by the Texas Department Transportation and
shall comply with all applicable State, Federal and OSHA Regulations.
8.6 Traffic control during projects for the duration of each job consistent with the provisions
set forth in the "1980 Texas Manual on Uniform Traffic Control Devices for Streets and
Highways" or the latest revisions thereof, issued under the authority of the "State of
Texas Uniform Act Regulating Traffic on Highways", codified as Article 6701d Vernon's
Civil Statutes, pertinent sections being Section Nos. 27, 29, 30 and 31.
8.7 All steps necessary to ensure all areas of the construction site remain in a neat and litter -
free condition.
9. ORDER QUANTITY: The quantities shown on the solicitation are estimates only. No guarantee
of any minimum or maximum purchase is made or implied. The City will only order the products
or services needed to satisfy operating requirements within budgetary constraints, which may be
more or less than indicated.
4 of 5
BIDS ARE DUE TO THE PURCHASING OFFICE
AT THE ABOVE ADDRESS BEFORE HID
OPENING DATE ANL TIME.
NVOICE TO
City of Round Rock
Accounts Payable
221 East Main Street
Round Rock, Texas 78664-5299
BID F, 0.0 DESTINATION, FREIGHT PREPAID AND
ALLOWED UNLESS OTHERWISE SPECIFIED BELOW
INVITATION FOR BID (IFB)
CITY OF ROUND ROCK PURCHASING OFFICE
221 E. Main Street
Round Rock, Texas 78664-6299
FACSIMILE ANO ELECTRONIC RESPONSES
BIDDING INFORMATION: Thermoplastic Pavement
Markin • s
BID NUMBER 11-017
SHALL NOT BE ACCEPTED OPENING DATE: 3/29/2008 at 3:C0 P.M.
BID LOCATION: 221 E, Main Street, Council Chambers,
Round Rock, TX 786E4
SHOW e1D OPEtil'0 EASE 6 RETURN SIGNED ORjGccALA,.0 MOM COPIES OF RESPONSE
a!D rAPEER PI LOWER LEFT
HAND CORNER OF -SEALED WO
E1VEL0PE d SHOW RETURN
ADDRESS Of RESP0 000T,
KIDDER SHALL SIGN BELOW
Failure to sign bld will disqualify bid
Authorized Signature
Date
DESTINATION:
See 1,7 of Bidding Instructions on page 2
City of Round Rock
Various Locations
TAX ID NO.:
LEGAL BUSINESS NAME:
ADDRESS:
....._.._.... .._-...... .
ADDRESS:
CONTACT:
TELEPHONE NO.:
BUSINESS ENTITY TYPE'
'By the signature hereon affixed, the Respondent hereby certifies that neither the Respondent nor the entity represented by the Respondent, or anyone acting for such entity
has violated the antitrust laws of this Stale, codified in Section 15.01 et seq„ Texas Business and Commerce Code, or the Federal antitnist lays, nor communicated directly,
or indirectly, the submittal made to any competitor or any other person engaged in such line of business,"
By submitting a response to this solicitation. the Respondent agrees that the City's Standard Definitions, Terms and Conditions shall govern unless specifically provided
otherwise in a separate agreement. Said Definitions, Terms and Conditions are subject to change wifhoutnotice. It is the sole responsibility of Respondents to stay apprised
of changes. The City's Definitions, Terms and Conditions can be obtained from the City's website athutpa/vw isroundrocktexas.govthome/index_asp?page=462. The CiIy's
Insurance Requirements shall also apply and can be Located at the same website address_
BID SHEET
ITEM N
1
DESCRIPTION
MACHINE APPLIED: New Pavement Markings to include an
estimated 100 arrows, 150 stopbars, 100 cross walks. All markings
shall be measured in Linear Feet.
ESTIMATED 0TY
109,000
UNIT
LF
UNIT PRICE
EXTENSION
2
HAND APPLIED: New Pavement Markings to include an estimated
100 arrows, 150 stopbars; 100 cross walks. All markings shall be
measured in Linear Feet,
35,000
LF
3
Marking Elimination
30,000
LF
4
Surface preparation for markings
15,000
LF
GRAND TOTAL
DELIVERY 94
DAYS
BID FORM 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. Respondents
guarantees product offered will meet or exceed specifications Identified h this Invitation For Bid (IFB).
1.2 Bks should be submitted on Bid Sheet. Each bid shall be placed in a separate envelope completely and properly identified. Bids must be In the office of the City
Purchasing Agent before the hour and date specified on this IFB.
1.3 Late bks properly identified will be returned to respondent unopened. Late blds wli 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, unk•prices shall govern. Bks 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' blds 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, fug name and address of respondent. Failure to sign will disqualify bid. Person signing bid shall show title and authority to
bind signatories firm in a contract. Firm name should appear on each page in the block provided in the upper right comer. Business Entity shall be one (1) of the
following: Individual, Partnership, Sole Proprietorship, Estateffrust, Corporation, Governmental. Non-profit, all others shad 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 Securely Number. ALL OTHERS;
List legal name of entity and Tax Identification Number (Tin).
1.8 Bid cannot be altered or amended after opening time. My Alterations made before opening time shag be initialed by respondent or an authorized agent. No bid can
be withdrawn after opening lime 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 hciude tax in bid.
1.10 The City reserves the right to accept or reject ell 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 et the sole discretion of the City.
1.11 Consistent and continued lie bks could cause rejection of bks by the City and/or investigation for antitrust violations.
1.12 Telephone bks and facsimile bids are not acceptable in response to the IFB.
1.13 CAUTION: Bk invitation allows sufficient time for receipt of the preferred mail response. The City shag not be responsible for bids received late, illegible, incomplete,
or otherwise non-responsive
2. SPECIFICATION:
2.1 Any catalog, brand name or manufacturers reference used In iFB Is descriptive only (not restrictive), and Is used to indicate type and quality desired. Bks an brands
of Ike nature and quality will be considered unless advertised under the provisions of Section 252.022 of the Texas Local Government Coda. 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 respondent takes no exceptions to
:specifications or reference data h bid, respondent will be required to furnish brand names, numbers, etc, as specified in the IFB.
2.2 All Items bit shall be new, in first class condition, including containers auelable for shipment and storage, unless otherwise indicated h IFB. Verbal agreements to the
contrary will not be recognized.
2.3 Samples, when requested, must be furnished free of expense to the City. If not destroyed in examination, they will be returned to the respondent, on request, et
respondent expense. Each example should be marked with respondents' 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 lo the written specifications of this IFB.
2.5 Manufacturers standard warranty shall apply unless otherwise stated in the IFB.
3. TIE BIDS: In case o1 tie bks, 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 respondent 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 10 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 Cfty to purchase
supplies elsewhere and charge full Increase, N any, h cost and handling to defaulting contractor.
4.3 No substitutions or cancellations permitted without written approval of the Cly.
4.4 Delivery shad be made during nominal 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
the lace of business for the purpose of inspecting merchandise. Tests may be performed on samples submitted with the bid or on samples taken from
regular
be bomeshtpmsupplier.
tested fag to meet or exceed all conditions and requirements of the specifications, the cost of the sample used and the cost of the testing
byshapplier. Goods, which have been delivered and rejected h whole or in pan, may, at the City's option, be returned to the Respondent or held for
dbposition at Respondents tisk and expense. Latent defects may result h 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 Bks do not
• become contacts unless end until they are accepted by the City through Its designates and a purchase order is Issued. The contract shall be governed, construed, and
interpreted under the Charter of the City and the laws of State of Texas. All contracts are subject to the approval of the City Council.
7. PAYMENT: Respondent 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 clakns involving infringements of patents or copyrights.
9. RESPONOENT ASSIGNMENTS: Respondent hereby assigns 10 purchaser any and all Balms for overcharges associated wl h this contract, which arise under the antitrust
laws of the State of Texas. TX, Bus. And Comm. Code Ann. Sea 15.01, et seq. (1967).
10. RESPONDENT AFFIRMATION:
10.1 Signtng thio bid with a false statement Is a material breath of contract and shall void the submitted bld or any resulting contracts, and the respondent shall be removed
from all bid lists. By signature hereon anted, the respondent hereby certifies that
10.2 The respondent has not given, offered to give, nor intends to give any time hereafter arty economic opportunity, future employment, gift, loan, gratuity. special discount,
tip, favor, or service to a pubfa servant In connection with the submkted bid.
10.3 The respondent is not currently delinquent h the payment of any debt owed the City.
10.4 Neither the respondent nor the frrm, corporation, partnership, or any entity represented by the respondent, or anyone acting for such inn, corporation, or entity has
violated the anhWst laws of this State codlted 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 competlor, or any other person engaged in such line of business.
10.5 The respondent has not received compensation for participation in the preparation of the specification for this lB.
11. NOTE TO RESPONDENTS: Any terms and conddbns attached to bid will not be considered unless the respondent specifically references them on the front or this bid form.
WARNING: Such terms and conditions may result in disqualification of the bid (e.g. bks with the toes of a slate other than Texas requirements for prepayment. Llnikations
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 respondents affirmations and
certifications must be included. Submission of bks on forms other than City bld form may result In disqualification of your bid.
12. INQUIRIES: Inquiries pertaining to bid Invitations must give bid number, codes, and opening date.
REFERENCE SHEET
Please Complete and Return This Form with the Solicitation Response
SOLICITATION NUMBER:
BIDDER'S NAME: DATE:
Provide the name, address, telephone number and point 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.
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
Fax Number (
Fax Number (
)
Fax Number (
Fax Number (
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
REFERENCE SHEET
Please Complete and Return This Form with the Solicitation Response
SOLICITATION NUMBER: 11-017
BIDDER'S NAME: D • I . J. Construction, Inc DATE: 3/29/11
Provide the name, address, telephone number and point 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.
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
Williamson County
Ron Roberts
Road & Bridge
rroberts@wilco.orq
1351 SE Inner Loop Ste. B
Georgetown, TX 78626
(512)943-3360 Fax Number( 512) 943-3335
Bell County
Bobby Law
Road & Bridge
none
PO Box 454
Belton, TX 76513
(254 )563-5704 Fax Number( 254)933-5276
Texas Department of Transportation
Howard Lyons
Area Engineer
howard.lyons@txdot.gov
3029 E SH 29
Burnet, TX 78611
( 512 )756-2316
Fax Number( 512)756-4251
City of Georgetown
Bill Robinson
Street Department
brobinsonageorgetowntx.org
P.O. Box 409
Georgetown, TX 78627
(512 )930-8151 Fax Number( 512)930-3559
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: 05112005
REFERENCE (COMPANY) DIJ Construction
REFERENCE (CONTAC"I')
March 30, 2011
Date Phone:
Fax:
REFERENCE QUESTIONS
Dear Sir or Madam:
The following firm has listed you as a reference and the City of Round Rock would like your opinion.
Respondem:Texas Dept of Transportation Address: 3029 E. SH 29
City:— Burnet State:Texas Contact: Howard L. Lyons, P.E.
1. \\'hat is your relationship with the firm?
Firm has been a prime contractor or sub -contractor on dozens of highway
improvement construction contracts administered by my office.
2. How would you rate service (warranty, maintenance, repairs, customer service, etc.)?
l — ---- 2 3 4 ✓ --- 5 (1 being worst - 5 being best)
3. How do or would you rate the product/service they provide?
2_._ 3 4 5 ✓ (1 being worst - 5 being best)
4. How long in the relationship with this firm?
Over 6 years
5. How would you rate the relationship?
1 2 — 3 4 5 1 (1 being worst - 5 being best)
6. Would you enter into this relationship again or another with the 'inn given the opportunity?
Yes.
ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY.
Agenda Item No. 11C4.
City Council Agenda Summary Sheet
Consider a resolution authorizing the Mayor to execute an Agreement for Thermoplastic
Agenda Caption: Marking Services with DIJ Construction, Inc.
Meeting Date: May 26, 2011
Department: Infrastructure Development and Construction Management
Staff Person making presentation: Michael Thane, P.E.
Director of Infrastructure Management
Item Summary:
This agreement is with DIJ Construction, Inc. to perform the services of removal and applications of Thermoplastic
reflectorized pavement markings. Staff solicited bids on March 29, 2011 and received two bids for striping services.
DIJ Construction, Inc. is the confirmed low bidder and staff recommends City Council approval of this agreement.
DIJ Construction, Inc. was not the previous contracted vendor for this service; however, DIJ Construction, Inc. has
previously performed striping services for the City and staff is confident that DIJ Construction, Inc. will perform to
the City of Round Rock standards upon approval of this agreement.
Strategic Plan Relevance:
26.0 - Construct major elements of the transportation and mobility system as approved by Council in the Master
Transportation Plan.
20.0 - Build and maintain the facilities needed to make the City attractive to target businesses.
Cost: $ 99,970.00
Source of Funds: General Fund
Date of Public Hearing (if required): N/A
Recommended Action: Approval
EXECUTED
DOCUMENT
FOLLOWS
CITY OF ROUND ROCK
AGREEMENT FOR REMOVAL AND APPLICATION
OF THERMOPLASTIC REFLECTORIZED PAVEMENT MARKINGS
WITH D.I.J. CONSTRUCTION, INC.
THE STATE OF TEXAS
CITY OF ROUND ROCK
COUNTY OF WILLIAMSON
COUNTY OF TRAVIS
§
KNOW ALL BY THESE PRESENTS:
That this Agreement for purchase of removal and application of thermoplastic
reflectorized pavement markings (referred to he'ein as the "Agreement") is made and entered
into on this the 2"—day of the month of , 2011, by and between the CITY OF
ROUND ROCK, TEXAS, a home -rule municipalit whose offices are located at 221 East Main
Street, Round Rock, Texas 78664 (referred to herein as the "City"), and D.I.J.
CONSTRUCTION, INC., a Texas corporation whose offices are located at Post Office Box
1609, Bertram, Texas 78605 (referred to herein as the "Vendor"). This Agreement supersedes
and replaces any previous agreement between the named parties, whether oral or written, and
whether or not established by custom and practice.
RECITALS:
WHEREAS, City desires to purchase removal and application of theremoplastic
reflectorized pavement markings from Vendor; and
WHEREAS, City has issued its "Invitation for Bid" for Vendor to provide 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
Vendor is obligated to furnish specified goods, equipment and/or services, and City is obligated
to pay for said goods, equipment and/or services. The instant Agreement includes the following:
(a) City's Invitation for Bid designated as IFB 11-017, Specification Number 11-968-61 dated
219489/jkg
February 23, 2011; (b) Vendor's Response to IFB; (c) the contract award; and (d) any exhibits,
addenda, and/or amendments thereto.
Any inconsistencies or conflicts in the contract documents shall be resolved by giving
preference in the following order:
1. This Agreement;
2. Vendor's Response to IFB;
3. City's Invitation for Bids, exhibits, and attachments.
B. City means the City of Round Rock, Williamson and Travis Counties, Texas.
C. DACS means City's Design and Construction Standards (DACS), Series 800 -
Urban Transportation dated January 1, 2005 and any subsequent revisions thereto. DACS are
available on the following website: http://www.roundrocktexas.gov/docs/ss_800.pdf
D. Effective Date means the date upon which the binding signatures of both parties
to this Agreement are affixed.
E. Force Majeure means acts of God, strikes, lockouts, or other industrial
disturbances, acts of the public enemy, orders of any kind from the government of the United
States or the State of Texas or any civil or military authority, insurrections, riots, epidemics,
landslides, lightning, earthquakes, fires, hurricanes, storms, floods, restraint of the government
and the people, civil disturbances, explosions, or other causes not reasonably within the control
of the party claiming such inability.
F. Goods mean the specified services, supplies, materials, or equipment.
G. Linear Foot means the measurement of a 12" L x 4" W area for all items
specified.
H. Purchase Order means an order placed by the Purchasing Department for the
purchase of goods or services, written on City's standard Purchase Order form, which when
accepted by Vendor becomes an agreement. The Purchase Order is Vendor's authority to deliver
and invoice City for goods or services specified, and is City's commitment to accept the goods or
services for an agreed-upon price.
I. Subcontractor means any person or business enterprise providing goods,
equipment, labor, and/or services to Vendor if such goods, equipment, labor, and/or services are
procured or used in fulfillment of Vendor's obligations arising from an agreement with City.
J. Test Method means the Texas Department of Transportation Test Method.
K. TxDOT means the Texas Department of Transportation.
2
L. TxDOTSS means the Texas Department of Transportation Standard
Specifications for Construction of Highways, Streets and Bridges.
M. Vendor means D.I.J. Construction, Inc., or any of its successors or assigns.
2.01 EFFECTIVE DATE, DURATION, AND TERM
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 three (3) consecutive twelve (12) month
periods from the effective date. Prices shall be firm for the duration of the terms of this
Agreement, except as otherwise provided for herein. This Agreement may be renewed for two
(2) additional periods not to exceed twelve (12) months for each renewal, only upon the express
written agreement of both parties and only provided Vendor has performed each and every
contractual obligation specified in this Agreement.
C. City reserves the right to review Vendor's performance at any time during the
initial agreement period or any renewal periods, and may elect to terminate this Agreement with
or without cause or may elect to continue.
3.01 CONTRACT DOCUMENTS AND EXHIBITS
A. City selected Vendor to supply the goods and services as outlined in IFB 11-017,
Specification Number 11-968-61 dated February 23, 2011, 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.
B. 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 as fully a part of this Agreement as if repeated herein in full.
4.01 ITEMS AWARDED
A. All bid items on Exhibit "A" are awarded to Vendor.
5.01 COSTS; ESTIMATED QUANTITIES; PRICE AND PRICE ADJUSTMENTS
A. Bid costs listed on Exhibit "A" shall be the basis of any charges collected by
Vendor.
B. The quantities shown are estimates only. No guarantee of any minimum or
maximum purchase is made or implied, other than a work order minimum of $5,000.00 as
indicated on Vendor's Response to IFB. City will order only the amounts needed to satisfy
3
operating requirements, which may be more or less than indicated. City reserves the right to
increase or decrease order quantities as needed.
C. The contract price bid shall be firm for the contract duration and extension
periods except as follows: 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 (PPI) located at
http://stats.bls.gov/ppi/home.htm. At the time of execution hereof, Vendor shall identify the
official PPI date/rate used in Vendor's Response to IFB. Any price increase shall be requested
by Vendor in writing and accompanied by appropriate documentation to justify the increase.
Vendor may offer price decreases in excess of the allowable percentage change. No separate line
item charges shall be permitted for bidding or invoicing purposes, which shall include equipment
rental, demurrage, costs associated with obtaining permits, or any other extraneous charges.
6.01 INVOICES
A. All invoices shall include, at a minimum, the following information:
1. Name and address of Vendor;
2. Purchase Order Number;
3. Description and quantity of items received; and
4. Delivery dates.
7.01 INTERLOCAL COOPERATIVE CONTRACTING / PURCHASING
Authority for local governments to contract with one another to perform certain
governmental funetions and services, including but not limited to purchasing functions, is
granted under Govermnent 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 govermnental entities within the State of Texas may be extended the opportunity to
purchase off of the City of Round Rock's bid, with the consent and agreement of the successful
vendor(s) and Round Rock. Such agreement shall be conclusively inferred for the vendor from
lack of exception to this clause in the vendor's response. However, all parties hereby expressly
agree that the City of Round Rock is not an agent of, partner to, or representative of those outside
agencies or entities and that the City of Round Rock is not obligated or liable for any action or
debts that may arise out of such independently -negotiated "piggyback" procurements.
8.01 NON -APPROPRIATION AND FISCAL FUNDING
A. 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.
4
9.01 PROMPT PAYMENT POLICY
A. In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any
payment to be made by City will be made within 30 days of date City receives goods hereunder,
the date the performance of the services hereunder 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:
1, There is a bona fide dispute between City and Vendor, a contractor,
subcontractor, or supplier about the goods delivered or the service
performed that causes the payment to be late; or
2. 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
3 The terms of a federal contract, grant, regulation, or statute prevent City
from making a timely payment with federal funds; or
4. The invoice is not mailed to City in strict accordance with any instruction
on the purchase order relating to the payment.
10.01 GRATUITIES AND BRIBES
A. City may, by written notice to Vendor, cancel this Agreement without liability 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.
11.01 TAXES
A. City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not
be included in Vendor's charges.
12.01 ORDERS PLACED WITH ALTERNATE VENDORS
A. If Vendor cannot provide the goods and services as specified, City reserves the
right and option to obtain same from other suppliers or sources.
13.01 INSURANCE
A. Vendor shall meet all requirements as stated in the attached Invitation for Bid No.
1 1-017 and its bid response.
14.01 CITY'S REPRESENTATIVE
A. City hereby designates the following representative(s) authorized to act in its
behalf with regard to this Agreement:
Todd A. Keltgen
City of Round Rock Transportation Services
Operations and Maintenance Manager
910 Luther Peterson Place
Round Rock, Texas 78664
512-218-5583
toddk@round-rock.tx. us
15.01 RIGHT TO ASSURANCE
A. Whenever either party to this Agreement, in good faith, has reason to question the
other party's intent to perform hereunder, then demand may be made to the other party for
written assurance of the intent to perform. In the event that no written assurance is given within
the reasonable time specified when demand is made, then and in that event, the demanding party
may treat such failure as an anticipatory repudiation of this Agreement.
16.01 DEFAULT
A. If Vendor abandons or defaults under this Agreement and is a cause of City
purchasing the specified goods and services 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.
B. Vendor shall be declared in default of this Agreement if it does any of the
following:
1. Fails to make any payment in full when due;
2. Fails to fully, timely and faithfully perforin any of its material obligations
under this Agreement;
3. Fails to provide adequate assurance of performance under the "Right to
Assurance" section herein; or
4. Becomes insolvent or seeks relief under the bankruptcy laws of the United
States.
6
17.01 TERMINATION AND SUSPENSION
A. City has the right to terminate this Agreement, in whole or in part, for
convenience and without cause, at any time upon thirty (30) days' written notice to Vendor.
B. In the event of any default by Vendor, City has the right to terminate this
Agreement for cause, upon ten (10) days' written notice to Vendor.
C. Vendor has the right to terminate this Agreement for cause, that being in the event
of a material and substantial breach by City, by providing City with one hundred twenty (120)
days' written notice prior to termination of the Agreement; and in the event of such written
notice of termination, Vendor shall continue services for a period of time not to exceed one
hundred twenty (120) days after written notification. Termination under this subsection (C) of
Section 17.01 shall not relieve Vendor of any obligation or liability that has occurred prior to
cancellation.
D. In the event City terminates under subsections (A) or (B) of this Section 17.01,
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 tenni of the Agreement except as provided herein.
18.01 INDEMNIFICATION
A. 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.
19.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES
A. 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.
7
20.01 ASSIGNMENT AND DELEGATION
A. The parties each bind themselves, their successors, assigns and legal
representatives to each other with respect to the terms of this Agreement. A party shall neither
assign, sublet nor transfer any interest in this Agreement without prior written authorization of
the other party.
21.01 NOTICES
A. 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:
D.I.J. Construction, Inc.
Attention: Terry Nix
Post Office Box 1609
Bertram, Texas 78605
Notice to City:
Steve Norwood
City Manager
221 East Main Street AND TO:
Round Rock, TX 78664
Stephan L. Sheets
City Attorney
309 East Main Street
Round Rock, TX 78664
B. Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of City and Vendor.
22.01 APPLICABLE LAW; ENFORCEMENT AND VENUE
A. This Agreement shall be enforceable in Round Rock, Texas, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or conditions
herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be
governed by and construed in accordance with the laws and court decisions of the State of Texas.
23.01 EXCLUSIVE AGREEMENT
A. 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.
8
24.01 DISPUTE RESOLUTION
A. 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.
B. City and Vendor hereby expressly agree that no claims or disputes between the
parties arising out of or relating to this Agreement or a breach thereof shall be decided by any
arbitration proceeding, including without limitation, any proceeding under the Federal
Arbitration Act (9 USC Section 1-14) or any applicable state arbitration statute.
25.01 SEVERABILITY
A. The invalidity, illegality, or unenforceability of any provision of this Agreement
or the occurrence of any event rendering any portion or provision of this Agreement void shall in
no way affect the validity or enforceability of any other portion or provision of this Agreement.
Any void provision shall be deemed severed from this Agreement, and the balance of this
Agreement shall be construed and enforced as if this Agreement did not contain the particular
portion or provision held to be void. The parties further agree to amend this Agreement to
replace any stricken provision with a valid provision that comes as close as possible to the intent
of the stricken provision. The provisions of this section shall not prevent this entire Agreement
from being void should a provision, which is of the essence of this Agreement, be determined
void,
26.01 MISCELLANEOUS PROVISIONS
A. Standard of Care. Vendor represents that it employs trained, experienced and
competent persons to perform all of the services, responsibilities and duties specified herein and
that such services, responsibilities and duties shall be performed in a manner according to
generally accepted industry practices.
B. 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.
9
C. Force Majeure. Neither City nor Vendor shall be deemed in violation of this
Agreement if it is prevented frotn 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.
D. Multiple Counterparts. This Agreement may be executed in multiple
counterparts, any one of which shall be considered an original of this document; and all of
which, when taken together, shall constitute one and the same instrument.
IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates
indicated.
CITY OF ROUND ROCK, TEXAS
By:
Title:
Printed Name:
Date Signed:
FOR CITY, ATTEST:
Sara bite, City Secretary
FOR CITY, APPROVED AS TO FORM:
1,..4‘46
Stephan - Leets, City Attorney
I0
D.I.J. CONSTRUCTION, INC.
a Texas corporation
By:
Title: 1�
Printed Name: - Err
Date Signed: -
es
BIDS ARE DUE TO T110 PURCHASING OFFICE
AT 111E ABOVE ADDRESS BEFORE BID
OPENING DATE AND TIME.
INVOICE TO.
City of Round Rock
Accounts Payable
221 East Main Street
Round Rock, Texas 78661.5299
•
DID F 0 0 DESTINATION, FREIGHT PREPAID AND
ALLOV.0D UNLESS OTHERWISE SPECIFIED BELOW
DESTINATION:
INVITATION FOR 810 (till)
CITY OF ROUND ROCK PURCHASING OFFICE
221 E. Main Street
Round Rea, Texas 78664.5299
BIDDING INFORt'MTION: Thermoplastic Pavement
Markings
o, +,1r; 'ilLt.EC1n;. BID NUMBER .. 11-017 t 017
run 0.E fc o)rIE;t OPENING DATE: 372912008 at 3.00 P M.
IIID LOCATION221E Main Street Councl Chambers,
Round Rock, TX 70004
RE 11 A'11,1,E'6 UA,i.+J AL A•.O r,:n p) CC.GiS Lir RESi`c�` i F
SF:O.Y e e 6RE!r'rn t.ATt
6 ot.twatn N icuon t FE
04,9 CORNER OF SEMI. 0.0
0.0(10000 Srip'w F(URl
A AESS of'RESP rEt,E_
JSIOOER 010.0L SIB!) 0EJ f.7
Failure to sten 0 d will disqualify bid
A.t.r n:ad &. i -.,__............_ -
/-4Aau e i3c!e
Terry Nix - Vice President
Print Name
See 17 of Bidding Instructions on page 2
TAX ID NO. 74 22 91 0 06
City of Round Rock LEGAL BUSINESS NAME D . I . J . Construct ion, Inc
Various Locations ADCREss P.O. Box 1609 Bertram, TX 78605
ADDRESS'
........_.._..
CONTACT. Terry Nix
TEt. EPI TOME ND. ( 512) 3 5 5 _. 2 7 6_6
BUSINESS ENTITY TYPE_Cor-�-
oration
'By the signature hereon affixed, the Respondent hereby certifies that neither the Respondent nor the entity represented by the Respondent, 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 anitntst laws, nor communicated directly,
or indirectly, the submittal made to any competitor or any other person engaged in Such line of business "
By submitting a response to this soliorta.;on, the Respondent agrees that the City's Standard Definitions. Terms and Conditions shall govern unless specifically provided
othee.yiso in a separate agreement. Said Definitions, Terms and Conditions are subject to change without notice It is the sole responsibitihy or Respondents to stay apprised
of changes. The City s Definitions, Terms and Conditions can be obtained from the City's website at hltp rrrrs:v roundro._ktexas co./home/index,asp?pager4&2. The City's
Insurance Requirements shall also apply and can be located at the same wa8site address.
BID SHEET
ITEM a DESCRIPTION
ESTIMATED QTY
1 MACHINE APPLIED: New Pavement Markings-tu-iNairde-ea. 109,000
e314,5(edm-100-arovrs7-1-50's1optrars; ?97cross-value. All markings
shall be measured in Linear Feet h) " `j -r pc ON L\ j
2 HAND APPLIED: New Pavement Markings to include art estimated 35,000
1#8 ---arrows. 150 stopbars, 100 cross walks. Alt markings shall be
measured in Linear Feet. 4'irh';-,0 tit,/t,-`/
3 Marking Elimination(t).i_)f•r;,r„ !. r 1;1 trie4))t4
4 Surface preparation for markings 0 t1 y {r i pe.13y / it 8i) 15,000
1- 1.,ri 11;pp1 i 0(1 - vrov,)5
UNIT
LF
LF
UNIT PRICE
1.1'
30,000
(...t or" L'_r' il' 1 111 r rt Lt tom, C3 -r a`t r_� t><•0) .( )
ttr t
+,' 1-t!rr, r:. 't`(,c (11„t 3 f)c'\" i7?(.1LAtiE,.
IF
,60
.til
n //0.C%0
GRAND TOTAL
EXTENSION)
id'2t1, Do
Cftit, 9'70. b 0
DELIVERY IN
`)n.rl(1 1)1(0
Ile) 0) r'
Li
DAYS
C. (1..
roe-/
SOLICITATION NUMBER
11-017
SPECIFICATION NUMBER
11-968-61
DATE: February 23, 2011
CITY OF ROUND ROCK
INVITATION FOR BID
FOR
THERMOPLASTIC PAVEMENT MARKINGS
PART I
GENERAL
1. PURPOSE: The City of Round Rock seeks to establish a multiple year agreement with a qualified
Respondent to provide all equipment, material and labor necessary for the application and
removal of thermoplastic reflectorized pavement markings.
2. DEFINITIONS. TERMS AND CONDITIONS: By submitting a response to this solicitation, the
Respondent agrees that the City's standard Definitions, Terms and Conditions shall govern unless
specifically provided for otherwise in a separate agreement or on the face of a purchase order.
Said Definitions, Terms and Conditions are subject to change without notice. It is the sole
responsibility of Respondents to stay apprised of changes. The City's current Definitions, Terms
and Conditions can be obtained from the City's website at
htto://www.roundrocktexas,govihometindex.asp?page=462.
3. INSURANCE: The Respondent shall meet or exceed ALL insurance requirements set forth by
the City's current Insurance Requirements as identified on the City's website at
htto://www.roundrocktexasmov/homefindex.asiVoage=462.
4. CITY CONTACT FOR SOLICITATION CLARIFICATION: For clarification of specifications,
Respondents may contact:
Joy Baggett
Purchaser
Purchasing Division
City of Round Rock
Telephone: 512-218-6682
jbaadetta(�.round-rock.tx.us
The individual above may be contacted for clarification of the specifications of this solicitation
only. No authority is intended or implied that specifications may be amended or alternates
accepted prior to closing date without written approval of the City's Purchasing Department,
Under no circumstances will private meetings be scheduled between Respondents and City staff.
1 of 5
SOLICITATION NUMBER
11-017
SPECIFICATION NUMBER
11-968-61
DATE: February 23, 2011
PART II
INSTRUCTIONS
1. SOLICITATION SCHEDULE: It is the City's intention to comply with the following solicitation
timeline:
1.1 Solicitations released
1.2 Deadline for questions
1.3 City responses to all questions/addendums
1.4 Responses due by 3:00 p.m.
March 4, 2011
March 17, 2011
March 24, 2011
March 29, 2011
All questions regarding the solicitation shall be submitted in writing by 5:00 p.m. on the
due date noted above. A copy of all the questions submitted and the City's response to the
questions shall be posted on our webpage,
htto://www.roundrocktexas.uov/home/index.asp?page=462. Questions shall be submitted to the
City contact named above.
The City reserves the right to modify these dates. Notice of date change will be posted to the City
website.
2. DUE DATE: Signed and sealed responses are due to the Purchasing Department on the due date
noted above. Mail or carry sealed responses to:
City of Round Rock, Texas
Purchasing Office
221 E. Main Street
Round Rock, Texas 78664-5299
2.1 Responses received after this time and date will not be considered.
2.2 Sealed responses should be clearly marked on the outside of packaging with the
solicitation title, number, due date and "DO NOT OPEN".
2.3 Facsimile or electronically transmitted responses are not acceptable.
2.4 Late submittals will be returned to Respondent unopened if return address is provided.
3. BEST VALUE EVALUATION AND CRITERIA: All responses received shall be evaluated based
on the best value for the City. In determining best value, the City may consider the following:
3.1 Purchase price and terms;
3.2 Reputation of Respondent and of Respondents goods and services;
3.3 The quality of the Respondent's goods and services;
3.4 The extent to which the goods and services meet the City's needs;
3.5 Respondent's past relationship with the City;
3.6 Any relevant criteria specifically listed in the solicitation.
2 of 5
SOLICITATION NUMBER
11-017
SPECIFICATION NUMBER
11-968-61
DATE: February 23, 2011
4. QUALIFICATIONS: The opening of a response shall not be construed as the City's acceptance
of such Respondent as qualified and responsive. All Respondents shall:
4.1 Be firms, corporations, individuals or partnerships normally engaged in the sale and
distribution of the specified product or service 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, e-mail 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. Negative information
obtained in a reference check may result in Respondent's disqualification.
4.4 Identify any subcontractors to be used for this project. Experience, qualifications and
references of the sub contractors shall be submitted. The City reserves the right to
approve or disapprove any and all subcontractors prior to any work being performed.
PART III
SPECIFICATIONS
1. PURPOSE: The City of Round Rock seeks to establish a multiple year agreement with a qualified
Respondent to provide all equipment, material and labor necessary for the application and
removal of thermoplastic reflectorized pavement markings.
2. SCOPE: This specification describes the application of thermoplastic reflectorized pavement
markings and the removal of existing and raised markings. Services shall include materials,
equipment, construction methods, measurement, application, removal, and payment for markings
of these types, colors, shapes, sizes, widths, and thickness shown on plans or as directed by the
City's Project Administrator.
3. AGREEMENT: The term of the Agreement resulting from the solicitation may be for three (3)
consecutive twelve-month (12) periods of time from the effective date and shall remain in full
force and effect unless and until it expires by operation of the term stated or until terminated or
extended as provided herein. The City reserves the right to:
3.1. Renew the Agreement for two (2) additional periods of time not to exceed twelve (12)
months for each renewal provided bother parties agree.
3.2. Review the following at the end of each twelve-month review period or renewal:
3.2.1. Vendor performance
3.2.2. Price
3.2.3. Continuing need
3.2.4. Advancements In technologies and or service
3.3. The City may terminate the Agreement with or without cause or may continue through the
next twelve-month (12) review or renewal period.
4. PRICE ADJUSTMENT: Per the Agreement that may be established with the successful
Respondent, The City may permit "unit price" adjustments upward, only as a result of a cost
increase in goods or services In accordance with the Producers Price Index (PPI) located at
htto://stats.bls.00v/poi/home.htm. At the time of said Agreement, the successful Respondent shall
identify the official PPI date and rate used in the response. Any price increase shall be requested
by the successful Respondent In writing and accompanied with the appropriate documentation to
3 of 5
SOLICITATION NUMBER
11-017
SPECIFICATION NUMBER
11-968-61
DATE: February 23, 2011
justify the increase. The successful Respondent may offer price decreases in excess of the
allowable percentage change.
5. INTENDED USE: Respondents shall be responsible for all labor, equipment and materials to
remove and apply pavement markings on City roads that meets or exceeds all of the
requirements as set forth herein. These specifications cover only the general requirements as to
the performance and design criteria of the application and removal of pavement markings, as well
as certain details to which the successful Respondent shall conform.
6. STANDARD: All materials, equipment, construction, preparation and application methods shall be
in accordance with the City of Round Rock's Design and Construction Standards (DACS), Series
800 — Urban Transportation.
6.1 Item No. 861, Reflectorized Pavement Marking, dated January 1, 2005 or latest revision.
6.2 Item No. 874, Elimination of Pavement Marking, dated January 1, 2005 or latest revision.
6.3 DACS are available on the City's website at
httD://www.roundrocktexas.govldocs/ss 800.pdf.
7. SUBMISSION REQUIREMENTS: Respondents shall submit one (1) executed (signed) original
and two (2) copies of each response. Completed documentation shall include:
7.1 Itemized, Signed Bid Sheet
7.2 Three client references that utilize like products or services. References to include
Business Name, Contact Name, Address, Telephone, and e-mail. Failure to provide
reference information may result in disqualification. A reference form is contained as a
part of this submittal package.
8. SERVICE RESPONSIBILITIES: The Respondent shall provide:
8.1 All personnel, supplies and equipment needed to remove and apply pavement markings
as the City may require from time to time.
8.2 Coordination with the City to develop a project schedule that is mutually agreeable to
both parties. A list of responsible representatives with names, titles, addresses and
telephone numbers shall be furnished to the City.
8.3 Assignment of a primary contact person to serve as a contact to City representative.
8.4 Staffing for each job with sufficient personnel for a safe and timely completion.
8.5 All equipment used by the Respondent to perform services requiring licensing and
inspection shall be licensed and inspected by the Texas Department Transportation and
shall comply with all applicable State, Federal and OSHA Regulations.
8.6 Traffic control during projects for the duration of each job consistent with the provisions
set forth in the "1980 Texas Manual on Uniform Traffic Control Devices for Streets and
Highways" or the latest revisions thereof, issued under the authority of the "State of
Texas Uniform Act Regulating Traffic on Highways", codified as Article 6701 d Vernon's
Civil Statutes, pertinent sections being Section Nos. 27, 29, 30 and 31.
8.7 All steps necessary to ensure all areas of the construction site remain in a neat and litter -
free condition.
9. ORDER QUANTITY: The quantities shown on the solicitation are estimates only. No guarantee
of any minimum or maximum purchase is made or implied. The City will only order the products
or services needed to satisfy operating requirements within budgetary constraints, which may be
more or less than indicated.
4 of 5
SIDS ARE DUE TO THE PURCHASING OFFICE
AT THE ADOVE ADDRESS 6EFORIi 1110
OPENING DATE AND TIME.
INVOICE TO:
City of Round Rock
Accounts Payable
221 East Main Street
Round Rock, Texas 78664-5299
RID F. 0.5 DESTINATION, FREIGHT PREPAID AND
ALLOWED UNLESS OTHERWISE SPECIFIED BELOW
INVITATION FOR BID (IFB)
CITY OF ROUND ROCK PURCHASING OFFICE
221 E. Main Street
Round Rock, Texas 78664.5299
FACSIMILE ANO ELECTROJTC RESPONSES
SHALL NOT. BE ACCEPTED
S'Kwl BIr) OPEt;i',o DATE d
FPO f:UFIIER IN LOWER tEF F
HAND CORNER OF SEALED EiD
E':YELOPE d SNOW RETURri
ADDRESS OF RESPONDENT.
BIDDING INFORMATION: Thermoplastic Pavement
Markin s
BID NUMBER 11-017
OPENING DATE:
610 LOCATION:
3129/2008 at 3:00 P.M.
221 E. Main Street, Council Chambers,
Round Rock, TX 78564
RE MO SIGNED CA7G!VAL Ar,O TWO 121 COPIES Of RESPONSE
T3IODER SHALL SIGN BELOS';
Failure to sign bid will disqualify hid
Authorized Signature
Date
DESTINATION:
See 1 7 of Bidding Instructions on page 2
Cityof Round Rock
Various Locations
TAX ID NO,
.._ __.
LEGAL BUSINESS NAME:
ADDRESS'
....... _ _ _..............................
--
_...................... _
ADDRESS
CONTACT:
TELEPHONE NO.:
BUSINESS ENTITY TYPE:
*the signature hereon affixed, the Respondent hereby certifies that neither the Respondent nor the entity represented by the Respondent, 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 submittal made to any competitor or any other person engaged in such line of business.
By submitting a response to this solicitation, the Respondent agrees that the City's Standard Definitions, Terms and Conditions shall govern unless specifically provided
otherwise in a separate agreement. Said Definitions, Terms and Conditions are subject to change without notice. It is lhe sole responsibility of Respondents to stay apprised
of changes. The City's Definitions, Terms and Conditions can be obtained from the City's website at http://v/vAv roundrocktexas,govthonteiindex asp?page=462. The City's
Insurance Requirements shall also apply and can be located at the same website address.
BID SHEET
ITEMS
1
DESCRIPTION
MACHINE APPLIED: New Pavement Markings to include an
estimated 100 arrows, 150 stopbars, 100 cross walks. All markings
shall be measured in Linear Feet.
ESTIMATEDOTY
109,000
UNIT
LF
UNITPRtCE
EXTENSION
2
HAND APPLIED: New Pavement Markings to include an estimated
100 arrows, 150 stopbars, 100 cross walks. All markings shall be
measured in Linear Feet.
35,000
LF
3
Marking Elimination
Surface preparation for markings
30,000
15,000
LF
LF
4
GRAND TOTAL
BID FORM 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 requkes pricing per unit shown and extensions. If trade discount Is shown on bld, it should be deducted and net line extensions shown. Respondents
guarantees product offered will meet or exceed specifications Identified h this Invitation For Bid (IFB).
1.2 Bids should be submitted on Bid Sheet. Each bid shall be placed in a separate envelope completely and properly identified. Bids must be in the office of the City
Purchasing Agent before the hour and date specified on this IFB.
1.3 Late bids property identified will be returned to respondent unopened. Late blds will not be considered.
1.4 Bid F.O.B. destination, freight, prepaid, & allowed unless otherwise specified on the IFB. 1 otherwise, show exact cost to deliver.
1.5 Bid unlit price on quantity and unit of measure specified. extend and show total. In case of errors in extension, unrl•prtces shall govern. Bids subject to unlimited price
increase will not be considered.
1.6 Bid prices shall be fine for acceptance 30 days from bid opening date. "Discount from List" bids are not acceptance unless requested. Cash discount will not be
considered In determining the low bid. All cash discounts offered will be taken if eamed.
1.7 Bids shall give Tax Identification Number, full name and address of respondent. Failure to sign will disqualify bid. Person signing bid shall show title and authority 10
bind signatories firm in a contract. Firm name should appear on each page in the block provided in the upper right comer. Business Entity shall be one (1) of the
following: tndividual, Partnership, Sole Proprietorship, Estatefrrusl, Corporation, Governmental. Non-profit, at 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. My Alterations made before opening time shall be initialed by respondent 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 Slate Sales Tax and Federal Excise Tax. Do not Include tax In bit
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 OW) City, Split awards may
be made at the sole discretion of the City.
1.11 Consistent and continued Ile bids could cause rejection of bids by the City and/or investigation for antitrust violations.
1.12 Telephone blds and facsimile bids are nol acceptable in response to the IFB.
1.13 CAUTION; Bid Invitation allows sufficient lime for receipt of the preferred mail response. The City shall not be responsibte for bids received late, illegible, incomplete,
or otherwise non-responsive
2. SPECIFICATION:
2.1 Any catalog, brand name or manufacturers reference used In IFB Is descriptive only (not restrictive), and is used to Indicate type and quaky desired. Bids on brands
of like nature and quality wifi 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 pail of the bit. If respondent takes no exceptions to
specifications or reference data in bid, respondent will be required to furnish brand names, numbers, etc, as specified In the IFB.
2.2 AN Mems bld 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 recogntzed.
2.3 Samples, when requested, must be furnished free of expense to the City. If not destroyed In examination, they will be retumed to the respondent, on request, at
respondent expense. Each example should be marked with respondents' name and address, City bld 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 1n 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 respondent to
complete delivery In fourteen (14) calendar days. Unrealistically short or long delivery promises may cause bid to be disregarded. Consistent failure to meet detivery
promises without valid reason may cause removal from bid fist. (See 4.2 following.)
4.2 If delay Is foreseen, contractor shaft give written notice to the City. The City has the right to extend delivery date 1 reasons appear valid. Contractor must keep the City
advised at et 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 Cdy.
4.4 Delivery shall be made during normal working hours only, untess prior approval for late delivery has been obtained from the City, unless othenvlse 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 fall 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 Respondent or held for
disposition et Respondents 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 contahed 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 governed, construed, and
Interpreted under the Charter of the City and the laws of State of Texas. All contracts are subject to the approval of the City Council.
7. PAYMENT: Respondent 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 Clty from claims Involving infringements of patents or copyrights.
9. RESPONDENT ASSIGNMENTS: Respondent 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. Sea 15.01, et seq. (1967).
10. RESPONDENT AFFIRMATION:
10.1 Signing this bid with a false statement Is a material breach of contract end shall void the submitted bid or any resulting contracts, and the respondent shall be removed
from at bld fists. By signature hereon affixed, the respondent hereby certifies that:
10,2 The respondent has not given, offered to give, nor intends to give any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount,
lip. favor, or service tea public servant In connection with the submitted bid.
10.3 The respondent Is not currently delinquent in the payment of any debt owed the City.
10.4 Neither the respondent nor the firm, corporation, partnership, or any entity represented by the respondent, or anyone acting for such firm, corporation, or entity has
violated the antitrust laws of thls 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 respondent has not received compensation for participation in the preparation of the specification for this IFB.
11. NOTE TO RESPONDENTS: Any terms and conditions attached to bid will not be considered unless the respondent specifically references them on the front of this bld form.
WARNING: Such terms and conditions may result In disqualification of the bid (e.g. bkls with the laws of a state other than Texas requirements for prepayment. Limitations
on remedies, etc.) The City of Round Rock can only accept bits which contain all the terms and conditions of its formal IFB; in particular, all respondents 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.
REFERENCE SHEET
Please Complete and Return This Form with the Solicitation Response
SOLICITATION NUMBER:
BIDDER'S NAME: DATE;
Provide the name, address, telephone number and point 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,
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
Fax Number (
Fax Number
)
Fax Number (
Fax Number (
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: 05/12005
REFERENCE SHEET
Please Complete and Return This Form with the Solicitation Response
SOLICITATION NUMBER: 11-017
BIDDER'S NAME: D• I . J. Construction, Inc DATE: 3/29/11
Provide the name, address, telephone number and point of contact of at least three firms that have
utilized similar service for at least three year. References may be checked prior 10 award. Any negative
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
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
Williamson County
Ron Roberts
Road & Bridge
rroberts@wilco.orq
1351 SE Inner Loop Ste. B
Georgetown, TX 78626
(512 )943-3360 Fax Number( 512) 943-3335
Bell County
Bobby Law
Road & Bridge
none
PO Box 454
Belton, TX 76513
(254 )563-5704 Fax Number( 254)933-5276
Texas Department of Transportation
Howard Lyons
Area Engineer
howard.lyons®txdot.gov
3029 E SH 29
Burnet, TX 78611
(512)756-2316 Fax Number( 512)756-4251
City of Georgetown
Bill Robinson
Street Department
brobinsonageorgetowntx.org
P.O. Box 409
Georgetown, TX 78627
(512 )930-8151 Fax Number( 512)930-3559
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: 05112005
REFERENCE (COMPANY) DIJ Construction
REFERENCE (CoNTAC-t)
March 30, 2011
Date Phone:
Fax:
REFERENCE QUESTIONS
Dear Sir or Madam:
The following firm has listed yoti as a reference and the City of Round Rock would like your opinion.
Respondent:Texas Dept of Transportation 3029 E. SH 29
Address:
City: Burnet slate:Texas Contact: Howard L. Lyons, P.E.
1. What is your relationship with the firm?
Firm has been a prime contractor or sub -contractor on dozens of highway
improvement construction contracts administered by my office.
2. How would you rate service (warranty, maintenance, repairs, customer service, etc.)?
1 _ —
2 --- 3--- 4 �.-- 5.___-.. (1 being worst - 5 being best)
3. How do or would you rate the product/service they provide?
2 3 4 5 ✓ (1 being worst - 5 being best)
4. How long in the relationship with this firm?
Over 6 years
5. How would you rate the relationship?
1 2 3 , 4 5 1 (I being worst - 5 being best)
6. ll'ould you enter into this relationship again or another with the firm given the opportunity?
Yes.