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R-12-02-09-10C2 - 2/9/2012 RESOLUTION NO. R-12-02-09-10C2 WHEREAS, the City of Round Rock has duly advertised for bids for 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 9th day of February, 2012. ALAN MCGRAW, Mayor City of Round Rock,Texas ATTEST: (XAEA(4AA Sp1tJt�S, •U� C��c1�. O:\wdox\SCClnts\0112\1204\MUNICIPAU00241509 DOC EXHIBIT „A„ CITY OF ROUND ROCK AGREEMENT FOR REMOVAL AND APPLICATION OF THERMOPLASTIC REFLECTORIZED PAVEM ENT MARKINGS WITH D.I.J. CONSTRUCTION, INC. THE STATE OF TEXAS § CITY OF ROUND ROCK § KNOW AIJ, PY THESE PRESENTS: COUNTY OF WILLIAMSON § COUNTY OF TRAVIS § 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"). RECITALS: WHEREAS, City desires to purchase removal and application of thermoplastic reflectorized pavement markings from Vendor, in addition to those mods and services purchased 'tinder separate agreement between the parties dated May 26,2011; ind WHEREAS, City has issued its "Invitation for Bid" for ",lendor to provide said goods and services,and City has selected the Bid submitted by Vendor; and WHEREAS, City intends to use Type B funds for pays-tent for goods and services hereunder;and WHEREAS, the parties desire to enter into this Agreement to set forth in writing their respective rights, dirties, 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 23993Njkg i to pay for said goods,equipment and/or services. The instant Agreement includes the following: (a) City's Invitation for Bid designated as Solicitation Number 12-013, Specification Number 12-968-61 dated November 2011; (b) Vendor's Response to 1FB; (c) (lie contract award; and (d) any exhibits,addenda,and/or amendments thereto. i 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 attaeliments. B. City means the City of Round Rock, Williamson awl 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 Nvebsite: littp:Hkv-vvw.roundrocktexas.gov/does/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" T, 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 sei vices 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. 2 i K. TxDOT means the Texas Department of Transportation. L. TxDOTSS means the Texas Department of. Transportation Standard Specifications for Construction of HighNvays,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 fiill force and effect unless and until it expires by operation of the term stated herein, or until terminated or extended as provided herein. B. The term of this Agreement shall be for one (1) twelve-month period from the effective date. Prices shall be firm for the duration of the terms of this Agreement, except as otherwise provided for herein. Vendor acknowledges its understanding and acceptance of the specification mandate that all work be completed within ninety (90) calendar days of receipt of Notice to Proceed from City. C. City reserves the right to review Vendor's performance at any time during the initial agreement period,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 Solicitation Number 12-013, Specification Number 12-968-61, and Response fo 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 17sponsibilities of both parties as outlined in the IFB and as offered by Vendor in Response to I1`13. 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, in the "machine applied" amount of$83,787.00 and the"hand applied"amount of$96,220.00,totaling$180,007.00. B. City intends to use Type B funds in full or partial payment of contract obligations delineated in this Agreement, as authorized by the Articles of Incorporation of Round Rock Transportation System Development Corporation, Article Five, `for streets, roads, drainage, and other related transportation system improvements, including (lie payment and maintenance and operating expenses associated with such authorized projects. 3 I i I j I 5,01 COSTS; ESTIMATED QUANTITIES; PRICE ANI? URIC K ADJUSTMENTS A. Bid costs on Exhibit"A"shall be the basis of any cliarp-s collected by Vendor. B. The quantities shown are estimates only. No guarantee of any minimum or maximum purchase is made or implied. City will order only the amounts needed to satisfy 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 cowl-nct 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 littp•//stats bls goy/ppi/liome.httn. 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/1`1111CHASING A. Authority for local governments to contract with one another to perform certain goverrrrnental fimctions 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 27 1.101 and Section 271.102. B. Other governmental entities within the State of Texas may be extended the opportunity to purchase off of the City of Round Rock's bid, with the consent and agreement of the successful vendor(s) and Round Rock. Such agreement shall be conclusively inferred for the vendor from lack of exception to this clause in the vendor's response. However, all parties hereby expressly agree that the City of Round Rock is not an agent of, partner to, or representative of those outside agencies or entities and that the City of Round Rock is not obligated or liable for any action or debts that may arise out of such independently-negotiated "piggyback"procurements. 4 i i i i i 8.01 NON-APPROPRIATION AND FISCAL FUNDING A. This Agreement is a commitment of City's current revemies only. It is understood and agreed that City shall have the right to terminate this Agreement at [lie end of any City fiscal year if the governing body of City does not appropriate fiends sufG'•ient to purchase the services as determined by City's budget for the fiscal year in question. City may effect such termination by giving Vendor a written notice of termination at the end of its then-current fiscal year. 9.01 PROMPT PAYMENT POLICY A. In accordance with Chapter 2251, V.T.C.A., 'Texas Govermnent 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 I of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas Govermnent 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, reguHtion, or statute prevent City from making a timely payment with federal fiends; 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 tl'ie form of entertaiiunent, 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. 5 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 Solicitation Number 12-013, Specification Number 12-968-61 and its attachments,and its bid response. 14.01 CITY'S REPRESENTATIVE A. City hereby designates the following representativ-(s) authorized to act in its behalf with regard to this Agreement: David Walther, Street Superintendent Public Works,Operations and Maintenance 2008 Enterprise Drive Round Rock,Texas 78664 512-218-5566 dwalther@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 firture 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: f 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; i 6 i s 3. Fails to provide adequate assurance of performance tinder the "Right to Assurance"section herein; or 4. Becomes insolvent or seeks relief tinder 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)(lays" 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 tinder 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 tinder 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 harnilPss 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. 7 19.01 COMPLIANCE WITH LAWS,CHARTER AND OR.W P ANCES 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. 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 xvith 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 Stephan L. Sheets City Manager City Attorney 221 East Main Street AND TO: 309 East Main Street Round Rock,TX 78664 Round Rock,TX 78664 B. Nothing contained herein shall be construed to restrict the transmission of routine communications between representatives of City and Vendor. t 8 i i 1 22.01 APPLICABLE LAW; ENFORCEMENT AND VENUE i 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. i 24.01 DISPUTE RESOLUTION i 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 thwreof 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 oi, provision of this Agreement. Any void provision shall be deemed severed from this Agreenient, and the balance of this Agreement shall be construed and enforced as if this Agreement diel not contain the particular portion or provision held to be void. The parties fiirther 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. i 9 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 maturer 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 fitlfill obligations for each portion of this Agreement within the agreed timeframes will constitute a material breach of this Agreement. Vendor shall be fiilly responsible for its delays or for failures to use best efforts in accordance with the tei7ns 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 3 indicated. CITY OF ROUND ROCK,TEXAS D.I.J. CONS'T'RUCTION,INC. a Texas corporation By: By: Title: Title: ; e,_ es i W. Printed Name: Printed Name: a rr Date Signed: Date Signed: FOR CITY,ATTEST: Sara White, City Secretary FOR CITY,APPROVED AS TO FORM: CI , Stephan L. Sheets,City Attorney 1 10 ' SOLICITATION NUMBER 12-013 SPECIFICATION NUMBER 12-968-61 DATE: NOVEMBER 2011 CITY OF ROUND ROCK INVITATION FOR BID CITY WIDE THERMOPLASTIC PAVEMENT MARKINGS PART GENERAL 1. PURPOSE: The City of Round Rock, herein after"City", seeks to contract with a qualified individual,firm,or Corporation,hereafter referred to as"Respondent",to provide all equipment,material and labor necessary for the application and removal of thermoplastic reflectorized pavement markings throughout the City. 2. DEFINITIONS,TERMS AND CONDITIONS: By submitting a response to this solicitation,the Respondent agrees that the City's standard Definitions,Terms and Conditions,in effect at the time of release of the solicitation,shall govern unless specifically provided otherwise in a separate agreement or on the face of a purchase order. Said Definitions,Terms and Conditions are subject to change without notice. It is the sole responsibility of respondents to stay apprised of changes. The City's Definitions,Terms and Conditions can be obtained from the City's website hftp://www.roundrocktoxas.gov/hoine/index.aso?paqe=463. 3. INSURANCE: The Respondent shall meet or exceed ALL insurance requirements set forth by the Insurance Requirements as Identified on the City's website at http://www.roundrocktexas.nov/hone/index.asp?parte=463. 4. CLARIFICATION: For questions or clarification of specificatiocis,you may conf—t: Joy Baggett Purchaser Purchasing Division City of Round Rock Telephone:512-218-6682 t baaa ett0ro und-rock.tx.us The individual listed above may be contacted by telephone or visited for clarification of the specifications only. No authority is intended or implied that specifications may be amended or alterations accepted prior to solicitation opening without written approval of the City of Round Rock through the Purchasing Division. 5. QUALIFICATIONS: The opening of a response shall not be construed as the City's acceptance of such as qualified and responsive. All Respondents shall: 5.1. Be firms,corporations,individuals or partnerships normally engaged in the sale and distribution of commodity or provision of the services as specified herein. 5.2. Have adequate organization,facilities,equipment and personnel to ensure prompt and efficient service to the City. 5.3. Respondent warrants and agrees that all materials supplied hereunder shall be manufactured and produced in compliance with the laws,regulations,codes,terms,standards,airdlor requirements of Underwriter's Laboratories Incorporated,all Federal,State,and local authorities,and all other authorities having jurisdiction, and that performance of goods shall be in accordance with the above laws,regulations,codes,terms, standards,and/or requirements,and agrees upon request,to furnish the City a certificate of compliance therewith in such forms as the City may require. 5.4. If required,a sufficient number of shop drawings and/or catalog data shall be furnished to the buyer within 15 days(unless otherwise specified)for necessary approval 5.5. Provide the name,address,telephone number and E-MAIL of at least three(3)firms applicable to Municipal and/or Government projects that have utilized similar service for at least(two)2 years. City of Round Rock references are not applicable. References may be checked prior to award. Any negative responses received EXHIBIT All SOLICITATION NUMBER 12-013 SPECIFICATION NUMBER 12-968-61 DATE: NOVEMBER 2011 may result in disqualification of submittal. NOTE: REFERENCE FORM(ATTACHMENT A)PROVIDED. E- MAIL ADDRESSES ARE REQUIRED. 6. BEST VALUE EVALUATION AND CRITERIA: All responses received may be evaluated based on the best value for the City. In determining best value,the City may consider: 6.1. The purchase price; 6.2. The reputation of Respondent and of respondent's goods or services; 6.3. The quality of the Respondent's goods or services; 6.4. The extent to which the goods and services meet the City's needs; 6.5. The Respondent's past relationship with the City; 6.6. The total long-term cost to the City to acquire the Respondent's goods or services; 6.7. Any relevant criteria specifically listed in the solicitation, 6.8. The City reserves the right to reject any or all responses,or delete any portion of the response,or to accept any response deemed most advantageous,or to waive any irregularities or informalities in the response received that best serves the interest and at the sole discretion of the City. 7. AWARD: The City reserves the right accept or reject all or part of a response,waive minor technicalities and award the response to best serve the interests of the City. Split awards or non-award may be made at the sole discretion of the City. Award announcement will be made upon City Council approval of staff recommendation and executed agreement. Award announcement will appear on the City's website at http:l/www.roundrocktexas.aov/home/i ndex.asp?parte=463. PART II SCHEDULE 1. SOLICITATION SCHEDULE: It is the City's intention to comply with the folloti.,ing solicitation timeline: 1.1. Solicitation released November 4,2011 1.2. Deadline for questions by 10:00 AM November 14,2011 1.3. City responses to all questions or addendums by 5:00 PM Novomber 14,2011 1.4. Responses for solicitation due by 3:00 PM November 15,2011 All questions regarding the solicitation shall be submitted in writing by 5:00 PM on the due date noted in PART 11,Paragraph 1,sub-paragraph 1.3. A copy of all the questions submitted and the City's response to the questions shall be posted on our webpage,http:l/www.roundrocktexas.govlhome/index.asp?page=463. Questions shall be submitted to the City contact named In PART 1,Paragraph 4. The City reserves the right to modify these dates. Notice of date change will be posted to the City website. 2. RESPONSE DUE DATE:Signed and sealed responses are due no later than 3:00 PM,on the date noted above to the Purchasing Department. Mail or carry sealed responses to: City of Round Rock Purchasing Department 221 E.Main Street Round Rock,Texas 78664-5299 2of7 SOLICITATION NUMBER 12-013 SPECIFICATION NUMBER 12-968-61 DATE: NOVEMBER 2011 2.1. Responses received after this time and date shall not be considered. 2.2. Sealed responses shall be clearly marked on the outside of packaging-xvith the Solicitation title, number,due date and"DO NOT OPEN". 2.3. Facsimile or electronically transmitted responses are not acceptable. 2.4. Late responses will be returned to Respondent unopened If return address is provided. 3. RESPONSE REQUIREMENTS: Respondent shall submit one(1)executed(signed)original and three(3)copies of each response. Completed documentation shall include,at a minimum: 3.1. Itemized,signed solicitation document. Failure to itemize solicitation may result In disqualification. 3.2. Attachment A: Reference sheet that shall include the name,address, active telephone number and valid E- mail of at least three(3)firms applicable to Municipal and Government projects that have utilized similar services for at least two(2)years. 4. SOLICITATION UPDATES AND NOTIFICATIONS: Respondents are responsible for monitoring the City's website http://www.roundrocktexas.aov/homefindex.asp?page=462 for updates and other notifications pertaining to this solicitation. Updates and notifications may include addendums,cancellations or other information pertinent to submitting a correct and accurate response. The City assumes no responsibility beyond updating the website as noted. 5. POST AWARD MEETING: The City and Respondent shall have a post award meeting to discuss,but not be limited to the following: 5.1. Provide City contact(s)information for implementation of agreement. 5.2. Agreement terms and conditions, PART III SPECIFICATIONS 1. 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. 2. 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 ,Yccessfull Respondent shall conform. 3. COMPLETION DATE: The services described herein shall be completed within ninety(90)calendar days of receipt of Notice to Proceed from the City. 4. STANDARD:All materials,equipment,construction,preparation and application methods shall be in accordance with the City of Round Rock's Design and Construction Standards(DA.CS),Series 800—Urban Transportation. 4.1 DACS are available on the City's website at http://www.roundrocktexas.gov/docs/ss 800,01'. 5. SERVICE RESPONSIBILITIES: The Respondent shall provide: 5.1 All personnel,supplies and equipment needed to remove and apply pavement markings as the City may require from time to time. 5.2 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. 3of7 SOLICITATION NUMBER 12-013 SPECIFICATION NUMBER 12-968-61 DATE: NOVEMBER 2011 5.3 Assignment of a primary contact person to serve as a contact to City representative. 5.4 Staffing for each job with sufficient personnel for a safe and timely completion. 5.5 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. 5.6 Traffic control during projects for the duration of each job consistent with the provisions set forth in the "2006 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. 5.7 All steps necessary to ensure all areas of the construction site rein^iii in a neat and litter-free condition. 6. 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. 7. FUNDING: Type B Funds will be used to fund the agreement resulting from this solicitation. 8. STREETS TO BE MARKED: The streets to be marked shall include but not be limited to: 8.1 A.W.Grimes Boulevard 8.2 Chisholm Valley Drive 8.3 Creekbend Boulevard 8.4 Dell Way 8.5 Donnell Drive 8.6 Double Creek Drive 8.7 Forest Creek Drive 8.8 Gattis School Road 8.9 Greenlawn Boulevard 8.10 High Country Boulevard 8.11 North Red Bud Lane 8.12 Teravista Parkway(Outlet Mall) 8.13 University Boulevard 8.14 Venture Place/Connector 9. EP RMITS: The successful Respondent shall obtain nece6sary permits or licenses and pay any related fees or taxes required by governing agencies. City of Round Rock fees may be waived. 10. ACCEPTANCE: The quality and installation of material shall be to the satisfaction of the Project Administrator. Acceptance inspection should not take more than five(5)working days. The successful Respondent will be notified within this time frame if the materials delivered are not in full compliance with the specifications. If any purchase order is canceled for non-acceptance,the needed items may be purchased elsewhere and the successful Respondent may be charged the full increase,if any,in material cost and handling. 11. DAMAGE: The successful Respondent shall be responsible for damage to the City's equipment and/or property, the workplace and its contents by its work,negligence in work,its personnel and equipment. 4of7 • • T SOLICITATION NUMBER 12-013 SPECIFICATION NUMBER 12-968-61 DATE: NOVEMBER 2011 INVITATION TO n1D(IFS) CITY OF ROUND ROCK PURCHASING DEPAR frviEtlf 221 E.Maln Street Round Rock,Texas 7866.1.5299 Solicilatiorr Infounalion: CIIYMDF flIEVEIOPLASI1CVAVLMENTMARKING Responses are due to the Purchasing Department Solicitation lhunber 12.013 at the above address by Monday,5:00 PAI.1 111 812 0 1 1. Opcuing DAu 1111812011 Opening time 3:00 I'M Response lacalion: Show solicitation opening date 8 solicitation number In tower left City of Round Rock,Purchasing Division hand corner of sealed response envelope with return address of 22 t E.Main Street Rourd Rock, fX 78664 responding firm. Reluui signr••i ono original and three copies of response. Facsimile responses shall not be accepted -------- Respondenl still[sign belov, INVOICE TO: Failure to sign respon5c hill disqualify response CITY OF ROUND ROCK ACCOUNTS PAYABLE – 221 EAST MAIN STREET Authorized Signalr re Dale ROUND ROCK,TEXAS 78684-5299 It'f1t l�� � ��r�2 f're�irc�en Print flame..` _, Respond F.O.B.Destination,Freight prepaid and showed unless olherwlse specified below _._---- SEE 1.7 OF SOLICITATION INSTRUCTIONS GESTIN TION: TAX 10110: CITY OF ROUND ROCK — r VARIOUS LOW IONS LEGALBUSINESSNALIF: (� 1 J. CUf?5�1it( Of) 1-11G ADDRES :I�L'.l.:t_r._1(rC:'j .1 f fit rYl �TX• '78f�E� COMM r:. 'By the signature hereon affixed,the respondent TELEPI IOIIE NO: f. I hereby certifies that neither the respondent nor the �)Z 3`�7 Z r l 6 W entity represented by the respondent,or anyone acting BUSINESS ENTITY TYPE: for such entity has violated the antitnist laws or this C,t�;Utr1C!t O f 1 State,codified In Section 15.01 at seq.,Texas E•h1AIl: a 1 t,- (1 I C Q�1S 1 tllC' 1 C+1 C01 fl Business and Commerce Code.or the Federal --- – antilrusl laws,nor communicated directly or Indirectly the response made to any competitor or arry other person engaged In such lime of business' Respondent agrees to comply YAM all conditions set forth In this solicitation. BID SHEET ON �1 FOLLOWIN (I.J PAGE 5 of R SOLICITATION NUMBER 12-013 SPECIFICATION NUMBER 12-968-61 DATE: NOVEMBER 2011 mACHIE MACHfE HAM HAW APPl1ID Af'Pllffi APPLIffi AFP'lt[D ITEM L L7liSCRPTION ESTIMATHIQTY Lt-JT L+Nf PGCE lXTE7tSlONIL"T PRCB OLTQ¢!ON 1 TYPEITHEaMOPLAST1CRfFLECTOFMEOPAVEMENT MARKING 275.000 LF S•�� Sgyn--h 2 TYPE ITNERIICPLAsncRERECTORMPAVEMENT MARKING WORDS: 200 EA f C+O S(G O M S TYPE I TNQLMOPL.ASTIC RER.ECTORM PAVEMENT MARKING 200 FA 5 J S.� S SC SHAPES: 4 TYPE I THERMOPLASTIC RER.ECTORRED PAVEMENT MARKING n SYMBOLS: 200 En S lb l.C, R !' 5 TYPE N PAINT PAVEMENT MARKINQ 86.700 L F 3 1 1 Sry j 7 B TYPE I PAINT PAVEMENT WORDS: 200 EA 1 f 7 5.6u f 5 tm. 7 TWESPAPITPAVEMEN SHAPES: 200 EA. EIZ.oU f2�lC�� 8 TYPE N PAINT PAVEMENT SYMBOLS: 200 EA S 4 MARKINGELIMINATION 75.000 LF f � f2Z5W to WUSEDPAVEMENTMARKEtS 6.800 EA tt sZ,+10 sfb`37zi GRAND TOTAL S " ` t Lo f p O O'7 LEelY1 "3 f 1#9T1T N. Ty Ir Sha ` CcnSrST a� Y, E �CI /r,<tlVlr,5� AlitInherf, Atfop fil a rkin j5 1 ry a- `SY�r►�u'S ��•,T�;s� � : , 1 rI-Li%.q:5� ��� l rn_SSr n�f 6 0l a CITY OF ROUND ROCK, TEXAS iNVITATIONTO BID CITY WIDE THERMOPLASTIC PAVEMENT I'AARKING RFP No. 12-013 Addendum No. I_Date ofAddendum: November '14,2011 Please note the answers to questions,clarifications,revisions or additions to lite solicitation referenced above. PART 11,#11, 1.4: Response due(late: The response duo date has been extended to Filday,November to,2011 at 3:00 pill. PART 11,#3,3.1: Itemized,signed solicitation document: A revised solicitation document has been issued and Is lit rein made part of this Addendurn. Revised solicitation document lists tell(10)bid 11011's. 1. 0: Is bonding required for this project? A: No. 2. Q: What Is the projected issue dale for file Notice To Proceed? A: The City anticipates that the Notice To Procooll will be issued two weeks after the City Council approves the award of the solicitation. Award is anticipated to be made in December,2011. 3. Q: Will removal of raised pavement markets be required? A- Yes. Pricing for Item#10 shall be provided to Include the removal of existing and Installation of new raised pavement matkors. Approved by Joy Baggelt, Purchaser By the signatures affixed below.Addendum No. I is hereby incorporated inlo and made a part of the above referenced solicitation. ACKNOWLEDGED Sign Vendor Authoilzed S' i/t Date Q) RETURN ONE COPY SIGNED COPY OF THIS ADDENDUM TO T I IE PURCHASING OFFICE WITH YOUR SEALED PROPOSAL. FAILURE TO DO$0 MAY AUTOMATICALLY DISQUALIFY YOUR RESPONSE FROM CONSIDERATION FOR AWARD. CITY OF ROUND ROCK, TEXAS INVI rATION 10 Bit) CITY WIDE THERMOPLAS I IG PAVEMENT "ARKING RFP No. 12-013 Addendum No.- 2 --Date of Addendum: flovember 15,2011 Please note the answers to questions,clarifications,revision-or additions to the solicitation referenced above. PART 11,113, 3.1: Itemized,signed solicitation document: A revised solicitation document has been issued and Is herein made a part of this Addendum Revised sollcitatiort document delineates machine applied from Ila lid applied items. Approved by Joy Bagged, Purchaser By the signatures affixed below.Addendurn No.2 is hereby incorporated into and made a part of the above referenced solicitation. ACKNOWLEDGED D-11 coldfutl ion -rn(. ign Date ALItI101izeq*, Vendor RETURN ONE COPY SIGNED COPY OF THIS ADDENDUM TO T I IE P URCI IASING OFFICE WITH YOUR SEALED PROPOSAL, FAILURE TO DO SO MAY AUTOMATICALLY DISQUALIFY YOUR RESPONSE FROM CONSIDERATION FOR AWARD. 4 SOLICITATION NUMBER 12-013 S.PECIFICATION NUMBER 12-908-61 DATE: NOVEMBER,2011 ATTACFIMEN T A RESPONDENT'S REFERENCE SHEET PLEASE COMPLETE AND RETURN THIS FORM WITtl THE SOLICITATION RESPONSE SOLICITATION NUMBER: 1 2-01 3 RESPONDENT'S NAME: D.I.J. ConstnnLi9n DATE: 11=15-1 1 Provide the name,address,telephone number and point of contact of at least three(3)firms applicable to Municipal and/or Government projects that have utilized similar service for at least two(2)years. City of Round Rock references are not applicable. References may be checked prior to award. Any negative responses received may result in disqualification of solicitation 1. Company's Name Williamson County Name of Contact Rnn Rnhert-s Title of Contact Road R Bri rages__ E-Mail Address rrnl3p r Es Owl lcn-.ossJ__. Present Address 1351 S G I ri ne r LQQP_S t Q._ B City,State,Zip Code rPnrgP to an, Tx __713_6_26__ Telephone Number (_51 2f 94a-3360 _ Fax Number:( 512 ) 943-333_5 2. Company's Name Taxa-, Dpnartment of Trans-p—l-al-inn Name of Contact Howard Lyons Title of Contact Area Engineer E-Mail Address howard.lyons@tx lot. ov Present Address 3029 H 29 City,State,Zip Code Rurnet Texas 78611 Telephone Number (512 ) 756-2316 Fax Number:( �,1 _ ) 756-4251 3. Company's Name Cit, 6f Ge0-Wn Name of Contact Bill Robinson_ Title of Contact Street Department E-Mail Address brobinson@georcL town t x-org_ Present Address P.Q. Dox 409 City,State,Zip Code Georgetown, Te xd s 7 8 2 7 Telephone Number ( 512) 930-8151 _ Fax Number:( 5124930-3559 FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH TI IE SOLICITATION RESPONSE MAY AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONS IDERArION FOR AWARD. i h�; ''�ROUNDR(�K,TEXAS City Council Agenda Summary Sheet PURPOSE.PASSION.PROSPERM Agenda Item No. 10C2. Consider a resolution authorizing the Mayor to execute "Agreement for Removal and Application of Thermoplastic Reflectorized Pavement Markings" with D.I.J. Construction, Agenda Caption: Inc. Meeting Date: February 9, 2012 Department: Transportation Staff Person making presentation: Gary Hudder Transportation Director Item Summary: Pavement markings are an essential aspect of safe and efficient roadways. They provide continuous information related to roadway alignment, vehicle positioning, and other important driving -related tasks to road users. To ensure consistent application of pavement markings, their characteristics and warranting criteria are described in the Manual of Uniform Traffic Control Devices. As part of the City of Round Rock Major Maintenance Program, the City plans to contract out the application/ removal of thermoplastic reflectorized pavement markings and pavement striping on various City streets. Cost: $180,007 Source of Funds: Round Rock Transportation and Economic Development Corporation Date of Public Hearing(if required): N/A Recommended Action: Approval EXECUTED DOCUMENTS FOLLOW i l 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 § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § COUNTY OF TRAVIS § That this Agreement for purchase of removal and application of thermoplastic reflectorized pavement markings (referred to hPrnin AQ the "Agreement") is made and entered into on this the CO- day of the month of%Vi h , 201:Z, by and between the CITY OF ROUND ROCK, TEXAS, a home-rule municipality se 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"). RECITALS: WHEREAS, City desires to purchase removal and application of thermoplastic reflectorized pavement markings from Vendor,in addition to those goods and services purchased under separate agreement between the parties dated May 26,2011;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, City intends to use Type B funds for payment for goods and services hereunder; 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 2399876kg i I to pay for said goods, equipment and/or services. The instant Agreement includes the following: (a) City's Invitation for Bid designated as Solicitation Number 12-013, Specification Number 12-968-61 dated November 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. 1. 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 fiom an agreement with City. J. Test Method means the Texas Department of Transportation Test Method. 2 i 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 one (1) twelve-month period from the effective date. Prices shall be firm for the duration of the terms of this Agreement, except as otherwise provided for herein. Vendor acknowledges its understanding and acceptance of the specification mandate that all work be completed within ninety (90) calendar days of receipt of Notice to Proceed from City. C. City reserves the right to review Vendor's performance at any time during the initial agreement period,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 Solicitation Number 12-013, Specification Number 12-968-61, 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 Response to 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, in the "machine applied" amount of$83,787.00 and the"hand applied"amount of$96,220.00,totaling$180,007.00. B. City intends to use Type B funds in frill or partial payment of contract obligations delineated in this Agreement, as authorized by the Articles of Incorporation of Round Rock Transportation System Development Corporation, Article Five, "for streets, roads, drainage, and other related transportation system improvements, including the payment and maintenance and operating expenses associated with such authorized projects. 3 i i i 5.01 COSTS; ESTIMATED QUANTITIES; PRICE AND PRICE ADJUSTMENTS A. Bid costs 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. City will order only the amounts needed to satisfy 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 peanut "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 hitp://stats.bls.goy/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 A. 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 27 1.101 and Section 271.102. B. Other governmental entities within the State of Texas may be extended the opportunity to purchase off of the City of Round Rock's bid, with the consent and agreement of the successful vendor(s)and Round Rock. Such agreement shall be conclusively inferred for the vendor from lack of exception to this clause in the vendor's response. However, all parties hereby expressly agree that the City of Round Rock is not an agent of, partner to, or representative of those outside agencies or entities and that the City of Round Rock is not obligated or liable for any action or debts that may arise out of such independently-negotiated "piggyback"procurements. 4 i i 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. 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. 5 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 Solicitation Number 12-013, Specification Number 12-968-61 and its attachments,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: David Walther, Street Superintendent Public Works,Operations and Maintenance 2008 Enterprise Drive Round Rock,Texas 78664 512-218-5566 dwalther@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 DEIr'AULT 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 firture 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 fiill when due; I` 2. Fails to fully, timely and faithfully perform any of its material obligations under this Agreement; i 6 i i i 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 pant, 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. 7 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. 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 Stephan L. Sheets City Manager City Attorney 221 East Main Street AND TO: 309 East Main Street Round Rock,TX 78664 Round Rock,TX 78664 B. Nothing contained herein shall be construed to restrict the transmission of routine communications between representatives of City and Vendor. 8 i 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. 24.01 DISPUTE RESOLUTION i 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. i 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. I 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. i i I 9 r 26.01 MISCELLANEOUS PROVISIONS A. Standard of Care. Vendor represents that it 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 fidfill 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: ry rh By: Title: nttaqw Title:4rQS i 4n Printed Name: Printed Name: e rr Date Signed: Z Date Signed: FOR CITY,ATTEST: 604-05 NklR T"AOAS TO FORM: Stephan . Sheets, City Attorney i i to SOLICITATION NUMBER 12-013 SPECIFICATION NUMBER 12-968-61 DATE: NOVEMBER 2011 CITY OF ROUND ROCK INVITATION FOR BID CITY WIDE THERMOPLASTIC PAVEMENT MARKINGS PART I GENERAL 1. PURPOSE: The City of Round Rock,herein after"City", seeks to contract with a qualified individual,firm,or Corporation,hereafter referred to as"Respondent",to provide all equipment,material and labor necessary for the application and removal of thermoplastic refiectorized pavement markings throughout the City. 2. DEFINITIONS,TERMS AND CONDITIONS: By submitting a response to this solicitation,the Respondent agrees that the City's standard Definitions,Terms and Conditions,in effect at the time of release of the solicitation,shall govern unless specifically provided otherwise in a separate agreement or on the face of a purchase order. Said Definitions,Terms and Conditions are subject to change without notice. It is the sole responsibility of respondents to stay apprised of changes. The City's Definitions,Terms and Conditions can be obtained from the City's website hftp://www.roundrocktoxas.gov/hometindox.aso?i)aae=463. 3. INSURANCE: The Respondent shall meet or exceed ALL insurance requirements set forth by the Insurance Requirements as identified on the City's website at htta://www.roundrocktexas,nov/homelindex.asu?page=463. 4. CLARIFICATION: For questions or clarification of specifications,you may contact: Joy Baggett Purchaser Purchasing Division City of Round Rock Telephone:512-218-6682 ibannett0round-rock.tx.us The individual listed above may be contacted by telephone or visited for clarification of the specifications only. No authority is intended or implied that specifications may be amended or alterations accepted prior to solicitation opening without written approval of the City of Round Rock through the Purchasing Division. 5. QUALIFICATIONS: The opening of a response shall not be construed as the City's acceptance of such as qualified and responsive. All Respondents shall: 5.1. Be firms,corporations,individuals or partnerships normally engaged in the sale and distribution of commodity or provision of the services as specified herein. 5.2. Have adequate organization,facilities,equipment and personnel to ensure prompt and efficient service to the City. 5.3. Respondent warrants and agrees that all materials supplied hereunder shall be manufactured and produced in compliance with the laws,regulations,codes,terms,standards,and/or requirements of Underwriter's Laboratories Incorporated,all Federal,State,and local authorities,and all other authorities having jurisdiction, and that performance of goods shall be in accordance with the above laws, regulations,codes,terms, standards,and/or requirements,and agrees upon request,to furnish the City a certificate of compliance therewith in such forms as the City may require. 5.4. If required,a sufficient number of shop drawings and/or catalog data shall be furnished to the buyer within 15 days(unless otherwise specified)for necessary approval 5.5. Provide the name,address,telephone number and E-MAIL of at least three(3)firms applicable to Municipal and/or Government projects that have utilized similar service for at least(two)2 years. City of Round Rock references are not applicable. References may be checked prior to award. Any negative responses received EXHIBIT "All SOLICITATION NUMBER 12-013 SPECIFICATION NUMBER 12-968-61 DATE: NOVEMBER 2011 may result in disqualification of submittal. NOTE: REFERENCE FORM(ATTACHMENT Ay PROVIDED. E- MAIL ADDRESSES ARE REQUIRED. 6. BEST VALUE EVALUATION AND CRITERIA: All responses received may be evaluated based on the best value for the City. In determining best value,the City may consider: 6.1. The purchase price; 6.2. The reputation of Respondent and of respondent's goods or services; 6.3. The quality of the Respondent's goods or services; 6.4. The extent to which the goods and services meet the City's needs; 6.5. The Respondent's past relationship with the City; 6.6. The total long-term cost to the City to acquire the Respondent's goods or services; 6.7. Any relevant criteria specifically listed in the solicitation, 6.8. The City reserves the right to reject any or all responses,or delete any portion of the response,or to accept any response deemed most advantageous,or to waive any irregularities or informalities in the response received that best serves the interest and at the sole discretion of the City. 7. AWARD: The City reserves the right accept or reject all or part of a response,waive minor technicalities and award the response to best serve the Interests of the City. Split awards or non-award may be made at the sole discretion of the City. Award announcement will be made upon City Council approval of staff recommendation and executed agreement. Award announcement will appear on the City's website at hftp://www.roundrooktoxas.novlhomelindox.aso?oaao=463. PART 11 SCHEDULE 1. SOLICITATION SCHEDULE: It is the City's intention to comply with the following solicitation timeline: 1.1. Solicitation released November 4,2011 1.2. Deadline for questions by 10:00 AM November 14,2011 1.3. City responses to all questions or addendums by 5:00 PM November 14,2011 1.4. Responses for solicitation due by 3:00 PM November 15,2011 All questions regarding the solicitation shall be submitted in writing by 5:00 PM on the due date noted in PART II,Paragraph 1,sub-paragraph 1.3. A copy of all the questions submitted and the City's response to the questions shall be posted on our webpage,http:l www.roundrocktexas,novlhomelindex.asn?page=463, Questions shall be submitted to the City contact named In PART I,Paragraph 4. The City reserves the right to modify these dates. Notice of date change will be posted to the City website. 2. RESPONSE DUE DATE:Signed and sealed responses are due no later than 3:00 PM,on the date noted above to the Purchasing Department. Mall or carry sealed responses to: City of Round Rock Purchasing Department 221 E.Main Street Round Rock,Texas 78664-5299 2of7 SOLICITATION NUMBER 12-013 SPECIFICATION NUMBER 12-968-61 DATE: NOVEMBER 2011 2.1. Responses received after this time and date shall not be considered. 2.2. Sealed responses shall 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 responses will be returned to Respondent unopened if return address is provided. 3. RESPONSE REQUIREMENTS: Respondent shall submit one(1)executed(signed)original and three(3)copies of each response. Completed documentation shall include,at a minimum: 3.1. Itemized,signed solicitation document. Failure to Itemize solicitation may result in disqualification. 3.2. Attachment A: Reference sheet that shall include the name,address,active telephone number and valid E- mail of at least three(3)firms applicable to Municipal and Government projects that have utilized similar services for at least two(2)years. 4. SOLICITATION UPDATES AND NOTIFICATIONS: Respondents are responsible for monitoring the City's website http://www.roundrocktexas.gov/homefindex.as2?page=462 for updates and other notifications pertaining to this solicitation. Updates and notifications may include addendums,cancellations or other information pertinent to submitting a correct and accurate response. The City assumes no responsibility beyond updating the website as noted. 5. POST AWARD MEETING: The City and Respondent shall have a post award meeting to discuss,but not be limited to the following: 5.1. Provide City contact(s)information for implementation of agreement. 5.2. Agreement terms and conditions. PART III SPECIFICATIONS 1. 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. 2. 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. 3. COMPLETION DATE: The services described herein shall be completed within ninety(90)calendar days of receipt of Notice to Proceed from the City. 4. 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. 4.1 DACS are available on the City's website at http://www.roundrocktexas.gov/docs/ss 800.0df. 5. SERVICE RESPONSIBILITIES: The Respondent shall provide: 5.1 All personnel,supplies and equipment needed to remove and apply pavement markings as the City may require from time to time. 5.2 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. 3of7 SOLICITATION NUMBER 12-013 SPECIFICATION NUMBER 12-968-61 DATE: NOVEMBER 2011 5.3 Assignment of a primary contact person to serve as a contact to City representative. 5.4 Staffing for each job with sufficient personnel for a safe and timely completion. 5.5 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. 5.6 Traffic control during projects for the duration of each job consistent with the provisions set forth in the "2006 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. 5.7 All steps necessary to ensure all areas of the construction site remain in a neat and litter-free condition. 6. 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. 7. FUNDING: Type B Funds will be used to fund the agreement resulting from this solicitation. 8. STREETS TO BE MARKED: The streets to be marked shall include but not be limited to: 8.1 A.W.Grimes Boulevard 8.2 Chisholm Valley Drive 8.3 Creekbend Boulevard 8.4 Dell Way 8.5 Donnell Drive 8.6 Double Creek Drive 8.7 Forest Creek Drive 8.8 Gattis School Road 8.9 Greenlawn Boulevard 8.10 High Country Boulevard 8.11 North Red Bud Lane 8.12 Teravista Parkway(Outlet Mall) 8.13 University Boulevard 8.14 Venture Place/Connector 9. PERMITS: The successful Respondent shall obtain necessary permits or licenses and pay any related fees or taxes required by governing agencies. City of Round Rock fees may be waived. 10. ACCEPTANCE: The quality and installation of material shall be to the satisfaction of the Project Administrator. Acceptance inspection should not take more than five(5)working days. The successful Respondent will be notified within this time frame if the materials delivered are not in full compliance with the specifications. If any purchase order is canceled for non-acceptance,the needed items may be purchased elsewhere and the successful Respondent may be charged the full increase,if any,in material cost and handling. 11. DAMAGE: The successful Respondent shall be responsible for damage to the City's equipment and/or property, the workplace and its contents by its work,negligence in work,its personnel and equipment. 4of7 r SOLICITATION PLUMBER 12-013 SPECIFICATION NUMBER 12-968-61 DATE: NOVEMBER 2011 INVITATION TO BID(IFS) CITY OF ROUND ROCK PURCIIASIPIG DEPARTMENT 221 E.Main Street Rotund Rock,Texas 78664.5299 SoluSlalion brlamalion: Cl I Y WIDE II IERI,IOPLASTIC PAVEMENT MARKING Responses are due to the Purchasing Department Solicilation Fluurber 12-013 at the above address by Monday,3:00 PM.11118/2011- Op^rring pal" 11118!2011 Opening Ttnne. 3'00 PFA Response Location: Slow solicitation opening date 8 solicitation number In lower left City of Round Rock,Purchasing Division hand corner of sealed response envelope with return address of 221 E.Main Street responding firm. Round Rock,TX 78861 Relnrn signr,+l one original and three copies of response. Facsimile responses sisall not be accepted Respondent shall sign below INVOICE TO: Failure t sign response rill disqualify response CITY OF ROUND ROCK �/ ACCOUNTS PAYABLE - 221 EAST MAIN STREET `AuthorizI Signal re Date ROUND ROCK,TEXAS 78681-5299 V I Q ( ri"51d e+1 Prin Flame.._. ._ Respond F.O.B.Destination,Freight prepaid and slowed unless otherwise specified below SEE 1.7 OF SOLICITATION INSTRUCTIONS OESTINATIQN: TAX ID FIO.: CITY OF ROUND ROCK 1 f VARIOUS LOCATIONS LEGAL BUSINESS IW,IF: U r� l U(�lilt( On l fzG ADDRESS:f nt, /b n l fryy9 •SSC d Pet in TX. CONTACT: �E 1 t� Ally, "By the signature hereon affixed,the respondent hereby certifies that neither the respondent nor the TELEPI 1014E NO: t.3 j Z _ . g q 4(0 entity represented by the respondent,or anyone acting for such entity has violated the antitrust taws of this BUSIhIES5 El4Tl fY IYPE: Slate,codified In Section 15.01 et seq..Texas E-h1AIL: C� i tt lC •I T C 01 1 l Business and Commerce Code.or the Federal antitrust laws,nor communicated directly or Indirectly, the response made to any competitor or any other person engaged In such line of business." Respondent agrees to comply with all conditions set forth in this solicitation. BID SHEET ON FOLLOWING PAGE Sofa SOLICITATION NUMBER 12.013 SPECIFICATION NUMBER 12-968-61 DATE: NOVEMBeR 2011 MACtI#4 MACHJrE HAM 11AnD APPLIED APPU13D APPLI® APPLIED ITHN 0 CIE'SCRPTION ESTIMATEOOTY LINT IMT PACE E0E300H WTPRCE EKTO&ON 1 TYPE I THERMOPLASTIC REFLECTORaM PAVE MBiT MARXING 275.000 LF S.2 n SAH 256 TYPE 1 THERAIOPLAS TIC RERECTORUM PAVOAENT MARXJNG I 2 200 EA WORDS: f oc'.00 S I G QM TYPE I THERMOPLASTIC REFLECTORIZED PAVEMENT MARKING 9 SHAPES: z00 En i�$.CD =1*kC0- TYPE I THERMOPLASTIC RFFLECTOR¢ED PAVEMENT MARKING A SYMBOLS: 200 EA S IN 0 S2, WT .t 5 TYPERPAPAVEMENTMARKINR $6.700 LF S .r 1 I Y 6 TYPE I PAINT PAVEMENT WORDS: 200 EA i S �5A� 5j,rm' 7 TYPEAPAINTPAVEMENT SHAPES: 200 EA fJZ.tx� S24ov Xv S TYPEMPAINT PAVEMENT SYMBOLS: 200 EA f Is 9 MARKINGELMAINATION 76.000 LF f � i7z5w rlolRAISe()PAVEIIAENTMARKERS 6.800 EA fZ.NQ Srl .3� GRAND TOTALS IOi, �•p O O'7 l tETY, d3 f °7 TY L '. Ty IL Sha���' Cr„sJ3� �.,{ �/,e l t1 / 3V/f,5, IvilmbPrr, 5pe cd Flump fila rK iny5 rY 1 ! Ty IT ,rt a Ar > : J t.�Jy �5 1.��.TS�s y c v F ltlnS`i�ngr N/ r C .Dr,n bo l 4 .Bike- Sy,nbc,/ 5oIS i. 40 ROUND R0( I I IX Al CITY OF ROUND ROCK,TEXAS INVITATION TO BID CITY WIDE THERMOPLASTIC PAVEMENT MARKING RFP No. 12-013 Addendum No.- I.—Date of Addendum: November 14,2011 Please note the answers to questions,clarifications,revisions or additions to(fie solicitation referenced above. PART 11,#1, 1.4: Response due date: The response due date has been extended to Friday,November 18,2011 at 3:00 pm. PART II,#3,3.1: Itemized,signed solicitation documont: A revised solicitation document has been issued and is herein made a part of this Addendum. Revised solicitation document lists ten(10)bid items. 1. 0: Is bonding required for this project? A: No. 2. Q: What Is the projected issue date for the Notice To Proceed? A- The City anticipates that the Notice To Proceed will be issued two weeks after the City Council approves the award of the solicitation. Award Is anticipated to be made in December,2011. 3. Q: Will removal of raised pavement markers be required? A- Yes. Pricing for item#10 shall be provided to Include the removal of existing and Installation of new raised pavement markers. Approved by Joy Baggelt, Purchaser By the signatures affixed below.Addendum No. I is hereby incorporated into and made a part of the above referenced solicitation_ ACKNOWLEDGED Vendor Authorized Sign p toe Date RETURN 0 N E COPY SIGNED COPY OF THIS ADDENDUM TO T I IE PURCHASING OFFICE WITH YOUR SEALED PROPOSAL. FAILURE TO DO SO MAY AUTOMATICALLY DISQUALIFY YOUR RESPONSE FROM CONSIDERATION FOR AWARD. CITY OF ROUND ROCK, TEXAS INVffATION TO t31D CITY WIDE THERMOPLASI IC PAVEMENT MARKING RFP No. 12-013 Addendum No. _2 Date of Addendum: November 15.2011 Please note the answers to questions,clarifications,revisions or additions to the solicitation referenced above. PART II,113,3.1: Itomlzed,signed solicitation document: A revised solicitation document has been issued and Is horein made a part of this Addendum. Revised solicitation document delineates machine applied from hand applied items. Approved by Joy Baggelt, Purchaser By the signatures affixed below,Addendurn No.2 is hereby incorporated into and made a pail of the above referenced solicitation. ACKNOWLEDGED 1,1 r, CorlSrrut,�roll �llt. •__../�..��.. Vendor Authorized•Stgnatu eDate RETURN ONE COPY SIGNED COPY OF THIS ADDENDUM TO 7 FIE PURCHASING OFFICE WITH YOUR SEALED PROPOSAL. FAILURE TO DO SO MAY AUTOMATICALLY DISQUALIFY YOUR RESPONSE FROM CONSIDERATION FOR AWARD. SOLICITATION NUMBER 12.013 SPECIFICATION NUMBER 12-968-61 DATE NOVEMBER,2011 ATTACHMENT A RESPONDENT'S REFERENCE SIIEET PLEASE COMPLETE AND RETURN THIS FORM WITH TILE SOLICITATION RESPONSE SOLICITATION NUMBER: 1 2-01 3 RESPONDENT'S NAME: D.i.J` on5 t > ;on DATE: 11-15-11 Provide the name,address,telephone number and point of contact of at least three(3)firms applicable to Municipal and/or Government projects that have utilized simil:,r service for at least two(2)years. City of Round Rock references are not applicable. References may be checked prior to award. Any negative responses received may result in disqualification of solicitation 1. Company's Name Williamson County Name of Contact Ron RohPr a Title of Contact e E-Mail Address r obar Es@wi 1 -o_.o.r_g_. Present Address 1351 SE Inner _LQ.Qp_Ste_ B City,State,Zip Code rPnrgphnwn, Tx _'7R6_ _26 Telephone Number ( .512) 943-3_360 Fax Number:( 512 ) 941-113.5 2. Company's Name TPxas DPpar-tmexit- of TransporFation Name of Contact Howard Lyons ____ Title of Contact Area Engineer E-Mail Address howard.lyons@-txdot.gov Present Address 3029 E SH 29 City,State,Zip Code Burnet, Texas 7861 1 Telephone Number (51 2 ) 756-2316 Fax Plumber_( 51 2 ) 756-4251 3. Company's Name City 6f Georgn Name of Contact Bill Robinson_„_-., Title of Contact Street Department _ E-Mail Address brobinson@georgetowntx.org Present Address P.Q. Box 409 City,State,Zip Code Georgetown, Texts 78627 Telephone Number ( 512) 930-81 51 Fax Number:( 512.1930-3559 FAILURE TO PROVIDE THE REQUIRED INFORMA11014 WITH TI IE SOLICITATION RESPONSE MAY AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERAFION FOR AWARD.