R-12-05-10-G4 - 5/10/2012 RESOLUTION NO. R-12-05-10-G4
WHEREAS, the City of Round Rock has duly advertised for bids to purchase aluminum sign
blanks of varying lengths, caps, and brackets for use as street name signs, and related services, and
WHEREAS, Pathmark Traffic Products has submitted the lowest responsible bid, and
WHEREAS, the City Council wishes to accept the bid of Pathmark Traffic Products, Now
Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City an
Agreement for Purchase of Sign Blanks and Materials for Street Name Signs With Pathmark Traffic
Products, a copy of said Agreement being attached hereto as Exhibit "A"and incorporated herein.
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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,
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Chapter 551, Texas Government Code, as amended.
RESOLVED this 10th day of May, 2012.
M
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
SARA L. WHITE, City Clerk
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CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF
SIGN BLANKS AND MATERIALS FOR STREET NAME SIGNS
WITH PATHMARK TRAFFIC PRODUCTS
THE STATE OF TEXAS §
CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
COUNTY OF TRAVIS §
THIS AGREEMENT (referred to herein as the "Agreement"), is for purchase of aluminum sign
blanks of varying lengths, caps, and brackets for use as street name signs, and related services, and is
made on the day of the month of , 2012, by and between the CITY OF
ROUND ROCK, a Texas home-rule municipality, whose offices are located at 221 East Main Street,
Round Rock, Texas 78664-5299 (referred to herein as "City"), and PATHMARK TRAFFIC
PRODUCTS, whose offices are located at Post Office Box 1066, San Marcos, Texas 78667 (referred to
herein as "Pathmark" or "Vendor"). This Agreement supersedes and replaces any previous agreements
between the named parties, whether oral or written, and whether or not established by custom and
practice.
RECITALS:
WHEREAS,City has determined that there is a need for the delineated goods and services; and
WHEREAS, City desires to contract for the provision of such goods and services, and City
desires to purchase same from Pathmark;and
WHEREAS,City has issued its"Invitation for Bid"for the provision of said goods and services,
and City has selected the bid submitted by Pathmark; and
WHEREAS,the parties desire to enter into this Agreement to set forth in writing their respective
rights,duties and obligations hereunder;
NOW,THEREFORE,WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable consideration, the sufficiency and receipt of which are hereby acknowledged, it is mutually
agreed between the parties as follows:
1.01 DEFINITIONS
A. Agreement means the binding legal contract between City and Pathmark whereby City
is obligated to buy specified goods and Pathmark is obligated to sell same. The Agreement includes the
following: (a) City's Invitation for Bid designated IFB 12-009, Specification Number 801-09 dated
January 2012; (b)Pathmark's Response to IFB; (c)contract award; and(d)any exhibits,addenda,and/or
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amendments thereto. Any inconsistencies or conflicts in the contract documents shall be resolved by
giving preference in the following order:
(1) This Agreement;
(2) Pathmark's Response to IFB;
(3) City's Invitation for Bids,exhibits, and attachments.
B. City means the City of Round Rock, Williamson and Travis Counties, Texas.
C. Effective Date means the date upon which the binding signatures of both parties to this
Agreement are affixed.
D. Force Majeure means acts of God, strikes, lockouts, or other industrial disturbances,
acts of the public enemy, orders of any kind from the government of the United States or the State of
Texas or any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquakes,
fires, hurricanes, storms, floods, restraint of the government and the people, civil disturbances,
explosions,or other causes not reasonably within the control of the party claiming such inability.
E. Goods and services mean the specified services, supplies, materials, commodities, or
equipment.
F. Pathmark or Vendor means Pathmark Traffic Products, or any of its corporate
structures, successors or assigns.
2.01 EFFECTIVE DATE,TERM,ALLOWABLE RENEWALS,PRICES FIRM
This Agreement shall be effective on the date this Agreement has been signed by each party
hereto, and shall remain in full force and effect unless and until it expires by operation of the term
indicated herein,or is terminated or extended as provided herein.
The term of this Agreement shall be for three (3) consecutive twelve-month periods from the
effective date hereof. After that term, this Agreement may be extended for two (2) successive twelve-
month periods, under the same terms and conditions, only upon the express written agreement of both
parties, and only provided Vendor has performed each and every contractual obligation specified in this
Agreement.
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Prices shall be firm for the duration of this Agreement and for any extension periods. No
separate line item charges shall be permitted for invoicing purposes, including but not limited to
equipment rental,demurrage,costs associated with obtaining permits, or any other extraneous charges.
City may permit "unit price" adjustments upwards only as a result of a cost increase in
accordance with the Producers Price Index for Aluminum Mill Shapes (WPU102501), latest month, at
http://www.bls.lzov/xg shells/ro4xgppihihtm. Any price increase shall be requested by Vendor in
writing and accompanied by the appropriate documentation to justify the requested increase, and shall
conform to allowable percentage changes and to all requirements delineated in IFB Solicitation Number
12-009, Specification Number 801-09, dated January 2012, attached hereto as Exhibit "A" and
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incorporated herein by reference for all appropriate purposes. Vendor may offer price decreases in excess
of the allowable percentage change at any time.
City reserves the right to review the relationship at any time, and may elect to terminate with or
without cause or may elect to continue.
3.01 CONTRACT DOCUMENTS AND EXHIBITS
City selected Pathmark to supply the goods as outlined in IFB 12-009, Specification Number
801-09 dated January 2012, and Response to IFB submitted by Pathmark, 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 Pathmark in
its Response to the IFB.
The goods which are the subject matter of this Agreement are described in Exhibit "A" and,
together with this Agreement, comprise the total Agreement and they are fully a part of this Agreement
as if repeated herein in full.
4.01 ITEMS AWARDED; COSTS
Only if, as, and when needed by City, items are awarded to Pathmark in accordance with bid
items shown on Exhibit"A."
Pathmark specifically acknowledges and agrees that City is not obligated to use or purchase any
estimated annual quantity of goods. Only if, as, and when needed by City,the bid costs listed on Exhibit
"A"shall be the basis of any charges collected by Pathmark.
5.01 INVOICES
All invoices shall include, at a minimum,the following information:
A. Name and address of Pathmark;
B. Purchase Order Number;
C. Description and quantity of items received;and
D. Delivery dates.
6.01 INTERLOCAL COOPERATIVE CONTRACTING/PURCHASING
Authority for local governments to contract with one another to perform certain governmental
functions and services, including but not limited to purchasing functions, is granted under Government
Code, Title 7, Chapter 791, Interlocal Cooperation Contracts, Subchapter B and Subchapter C, and Local
Government Code,Title 8,Chapter 271, Subchapter F, Section 27 1.101 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
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of Round Rock is not obligated or liable for any action or debts that may arise out of such independently-
negotiated"piggyback"procurements.
7.01 NON-APPROPRIATION AND FISCAL FUNDING
This Agreement is a commitment of City's current revenues only. It is understood and agreed
that City shall have the right to terminate this Agreement at the end of any City fiscal year if the
governing body of City does not appropriate funds sufficient to purchase the services as determined by
City's budget for the fiscal year in question. City may effect such termination by giving Vendor a written
notice of termination at the end of its then-current fiscal year.
8.01 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be made
by City to Vendor will be made within thirty (30) days of the date City receives goods under this
Agreement, the date the performance of the services under this Agreement are completed, or the date
City receives a correct invoice for the goods or services, whichever is later. Vendor may charge interest
on an overdue payment at the "rate in effect" on September 1 of the fiscal year in which the payment
becomes overdue, in accordance with V.T.C.A., Texas Government Code, Section 2251.025(b). This
Prompt Payment Policy does not apply to payments made by City if:
A. There is a bona fide dispute between City and Vendor, a contractor, subcontractor, or
supplier about goods delivered or the service performed that causes the payment to be late; or
B. There is a bona fide dispute between Vendor and a subcontractor or between a
subcontractor and its supplier about the goods delivered or the service performed that causes the payment
to be late; or
C. The terms of a federal contract, grant, regulation, or statute prevent City from making a
timely payment with federal funds;or
D. The invoice is not mailed to City in strict accordance with any instruction on the purchase
order relating to the payment.
9.01 GRATUITIES AND BRIBES
City may, by written notice to Vendor, cancel this Agreement without incurring any liability to
Vendor if it is determined by City that gratuities or bribes in the form of entertainment, gifts, or
otherwise were offered or given by Vendor or its agents or representatives to any City officer, employee
or elected representative with respect to the performance of this Agreement. In addition, Vendor may be
subject to penalties stated in Title 8 of the Texas Penal Code.
10.01 TAXES
City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be included in
Vendor's charges.
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11.01 ORDERS PLACED WITH ALTERNATE VENDORS
If Vendor cannot provide the goods as specified, City reserves the right and option to obtain
same from another source or supplier(s).
12.01 INSURANCE
Vendor shall meet all requirements as stated in the attached Invitation for Bid IFB 12-009
(including all attachments and exhibits),and its bid response.
13.01 CITY'S REPRESENTATIVE
City hereby designates the following representative(s) authorized to act in its behalf with regard
to this Agreement:
David Walther, Traffic Operations Superintendent
City of Round Rock Public Works Department
2015 Lamar
Round Rock,TX 78664
512-218-5570
512-801-4483 cell
davidw@roundrocktexas.gov t
14.01 RIGHT TO ASSURANCE
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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.
15.01 DEFAULT
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If Vendor abandons or defaults hereunder and is a cause of City purchasing the specified services l
elsewhere, Vendor agrees that it will not be considered in the re-advertisement of the service and that it
may not be considered in future bids for the same type of work unless the scope of work is significantly
changed. Vendor shall be declared in default of this Agreement if it does any of the following:
A. Fails to make any payment in full when due;
B. Fails to fully,timely and faithfully perform any of its material obligations hereunder;
C. Fails to provide adequate assurance of performance under the "Right to Assurance" %.
section herein; or
D. Becomes insolvent or seeks relief under the bankruptcy laws of the United States.
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16.01 TERMINATION AND SUSPENSION
A. City has the right to terminate this Agreement, in whole or in part, for convenience and
without cause, at any time upon thirty(30)days' written notice to Vendor.
B. In the event of any default by Vendor, City has the right to terminate this Agreement for
cause,upon ten(10)days' written notice to Vendor.
C. Vendor has the right to terminate this Agreement only for cause, in the event of material
and substantial breach by City,or by written mutual agreement to terminate.
D. In the event City terminates under subsections (A) or (B) of this section, the following
shall apply: Upon City's delivery of the referenced notice to Vendor, Vendor shall discontinue all
services in connection with the performance of this Agreement and shall proceed to cancel promptly all
existing orders and contracts insofar as such orders and contracts are chargeable to this Agreement.
Within thirty (30) days after notice of termination, Vendor shall submit a statement detailing the goods
and/or services satisfactorily performed under this Agreement to the date of termination. City shall then
pay Vendor that portion of the charges, if undisputed. The parties agree that Vendor is not entitled to
compensation for services it would have performed under the remaining term of the Agreement except as
provided herein.
17.01 INDEMNIFICATION
Vendor shall defend (at the option of City), indemnify, and hold City, its successors, assigns,
officers, employees and elected officials harmless from and against all suits, actions, legal proceedings,
claims,demands,damages, costs, expenses, attorney's fees,and any and all other costs or fees arising out
of, or incident to, concerning or resulting from the fault of Vendor, or Vendor's agents, employees or
subcontractors, in the performance of Vendor's obligations under this Agreement, no matter how, or to
whom, such loss may occur. Nothing herein shall be deemed to limit the rights of City or Vendor
(including, but not limited to the right to seek contribution)against any third party who may be liable for
an indemnified claim.
18.01 COMPLIANCE WITH LAWS,CHARTER AND ORDINANCES
Vendor, its agents, employees and subcontractors shall use best efforts to comply with all federal
and state laws, City's Charter and Ordinances, as amended, and with all applicable rules and regulations
promulgated by local,state and national boards,bureaus and agencies.
19.01 ASSIGNMENT AND DELEGATION
The parties hereby bind themselves, their successors, assigns and legal representatives to each
other with respect to the terms of this Agreement. Neither party shall assign, sublet or transfer any
interest in this Agreement without prior written authorization of the other party.
20.01 NOTICES
All notices and other communications in connection with this Agreement shall be in writing and
shall be considered given as follows:
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A. When delivered personally to recipient's address as stated in this Agreement; or
B. Three (3) days after being deposited in the United States mail, with postage prepaid to
the recipient's address as stated in this Agreement.
Notice to Vendor:
Pathmark Traffic Products
Post Office Box 1066
San Marcos,TX 78667
Notice to City:
Assistant City Manager Stephen L. Sheets, City Attorney
221 East Main Street AND TO: 309 East Main Street
Round Rock, TX 78664 Round Rock,TX 78664
Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of City and Vendor.
21.01 APPLICABLE LAW; ENFORCEMENT AND VENUE
This Agreement shall be enforceable in Round Rock, Texas, and if legal action is necessary by
either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive
venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and
construed in accordance with the laws and court decisions of the State of Texas.
22.01 EXCLUSIVE AGREEMENT
This document, and all appended documents, constitutes the entire Agreement between City and
Vendor. This Agreement may only be amended or supplemented by mutual agreement of the parties
hereto in writing,duly authorized by action of the City Manager or City Council.
23.01 DISPUTE RESOLUTION
If a dispute or claim arises under this Agreement, the parties agree to first try to resolve the
dispute or claim by appropriate internal means, including referral to each party's senior management. If
the parties cannot reach a mutually satisfactory resolution, then and in that event any such dispute or
claim will be sought to be resolved with the help of a mutually selected mediator. If the parties cannot
agree on a mediator,City and Vendor shall each select a mediator and the two mediators shall agree upon
a third mediator. Any costs and fees, other than attorney fees, associated with the mediation shall be
shared equally by the parties.
City and Vendor hereby expressly agree that no claims or disputes between the parties arising out
of or relating to this Agreement or a breach thereof shall be decided by any arbitration proceeding,
including without limitation, any proceeding under the Federal Arbitration Act(9 USC Section 1-14) or
any applicable state arbitration statute.
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24.01 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion or provision of this Agreement void shall in no way affect
the validity or enforceability of any other portion or provision of this Agreement. Any such void
provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be
construed and enforced as if this Agreement did not contain the particular portion or provision held to be
void. The parties further agree to amend this Agreement to replace any stricken provision with a valid
provision that comes as close as possible to the intent of the stricken provision. The provisions hereof
shall not prevent this entire Agreement from being void should a provision that is of the essence of this
Agreement be determined to be void.
25.01 MISCELLANEOUS PROVISIONS
Standard of Care. Vendor represents that it employs trained, experienced and competent
persons to perform all of the services, responsibilities and duties specified herein and that such services,
responsibilities and duties shall be performed in a manner according to generally accepted industry
practices.
Time is of the Essence. Vendor understands and agrees that time is of the essence and that any
failure of Vendor to fulfill obligations for each portion of this Agreement within the agreed timeframes
will constitute a material breach of this Agreement.Vendor shall be fully responsible for its delays or for
failures to use best efforts in accordance with the terms of this Agreement. Where damage is caused to
City due to Vendor's failure to perform in these circumstances, City may pursue any remedy available
without waiver of any of City's additional legal rights or remedies.
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 Pathmark have executed this Agreement on the dates
indicated.
City of Round Rock,Texas Pathmark Traffic Products
By: By:
Printed Name: Printe a'm
Title: Title: �fu (—
Date Signed: Date Signed: .
For City,Attest: For City,Approved as to Form:
By:. SRBy:
Sara L.White,City Clerk Stephan L. Sheets, City Attorney
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SOLICITATION NUMBER
12-009
SPECIFICATION NUMBER
801-09
DATED: JANUARY 2012
CITY OF ROUND ROCK PURCHASING DEPARTMENT
221 E.Main Street
Round Rock,Texas 78664-5299
Solicitation Information:
Responses are due to the Purchasing Department Aluminum Sign Blanks
Solicitation Number 12-009
at the above address by 3:00 PM,February 7,2011. Opening Date: 2/7/11
Opening Time: 3:00 PM
Response location:
Show solicitation opening date&solicitation number in lower left Purchasing Division
hand comer of sealed response envelope with return address of 221 E.Main Street
responding firth. Round Rock,TX 78664
Facsimile responses shall not be accepted Return signed one(1)original and three(3)copies of response.
Respondent shall sign below
INVOICE TO: Failure to 'gn resp se will disqualify response
CITY OF ROUND ROCK
ACCOUNTS PAYABLE
221 EAST MAIN STREET Authorized Sign ure Date
ROUND ROCK,TEXAS 78664-5299
Print Name
Respond F.O.B.Destination,Freight prepaid and allowed unless
otherwise specified below
SEE 1.7 OF SOLICITATION INSTRUCTIONS
DESTINATION: TAX ID NO.:
CITY OF ROUND ROCK
TRAFFIC SIGNALS AND SIGNS LEGAL BUSINESS NAM • 'lo:�ut_"3
2015 LAMAR DRIVE
ROUND ROCK,TX 78664 ADDRESS:
CONTACT: � �
'By the signature hereon affixed,the respondent
hereby certifies that neither the respondent nor the TELEPHONE NO:
entity represented by the respondent,or anyone acting
for such entity has violated the antitrust laws of this BUSINESS ENTITY TYPE: ,1— 1101AXg
State,codified in Section 15.01 et seq.,Texas E-MAIL:_j;a,&s
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.
Estimated
Item Unit of Price Per Annual
# Item Description Measure Unit Quantity Total Price
I Aluminum Sign Blanks 24 Inches x 9 Inches EACH 100 co
2 Aluminum Sign Blanks 30 Inches x 9 Inches EACH & y7 200 .Cj?4/00
3 Aluminum Sign Blanks 36 Inches x 9 Inches EACH /VGL• ,�yzo,o4,
200
4 Aluminum Sign Blanks 42 Inches x 9 Inches EACH ��(t� 200 3c�y�,00
5 Aluminum Sign Blanks 48 Inches x 9 Inches EACH At y' 100 �l�9
6 Cap(Per Attachment C) EACH 11 300 -213� V0
7 Bracket(Per Attachment D) EACH
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TOTAL
7of10
EXHIBIT
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SOLICITATION NUMBER
12-009
SPECIFICATION NUMBER
12-801-09
DATED: JANUARY 2012
ATTACHMENT A
RESPONDENT'S REFERENCE SHEET
PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE
SOLICITATION NUMBER:- —00
RESPONDENT'S NAME: _Z4_Mkffi,1XlLloAw,,;n DATE:
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
Name of Contact ,120,', .�o dr.trs
Title of Contact !!ry pe Lvi 5 P,-
E-Mail Address —,-o A0_,4,_,er-- w,ICG. G.^n
Present Address AS-/ �- l�.�r,/.,�.e f 54'r i3
City,State,Zip Code ezko f 1-6 r/�7 .79=4
Telephone Number (SZ ) P/3 33G0 Fax Number: 9Y3
V2. Company's Name 4 !i-y
Name of Contact �cJ.4Yw� F7�Z.a..►�,��z
Title of ContactSuaC,zra.7��cv.�.�T-
E-Mail Address L✓a4..�ivr�F��s��,���,,/< <�
Present Address 1: 09
City,State,Zip Code
Telephone Number (S�Z ) �Zr/ 3s Fax Number:
V 3. Company's Name a7_)"
Name of Contact 43i4c
Title of Contact
E-Mail Address 6,//' ,•.�l;,ss �..@ 4�rrai�- ovc,
Present Address Soo .,h,�f,,,L,� ,�ra✓c
City,State,Zip Code
Telephone Number (5-17-J�y=3�y����y^ Fax Number:
FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY
AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD.
10 of 10
SOLICITATION NUMBER
12-009
SPECIFICATION NUMBER
801-09
DATED: JANUARY 2012
CITY OF ROUND ROCK
INVITATION FOR BID
ALUMINUM SIGN BLANKS,CAPS AND BRACKETS
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", for the purchase and delivery of Aluminum Sign Blanks of
varying lengths, Caps and Brackets for use as the City's street name signs.
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
http:/twww.roundrocktexas.gov/home/index.asp?page=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.gov/home/index.asp?paqe=463.
4. CLARIFICATION: For questions or clarification of specifications,you may contact:
Joy Baggett
Purchasing Department
City of Round Rock
Telephone: (512)218-6682
i baggett(M-rou nd-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. ATTACHMENTS: The following attachments are herein made a part of this solicitation.
5.1. ATTACHMENT A: Reference sheet.
5.2. ATTACHMENT B: Texas Department of Transportation (TxDOT) Departmental Materials Specification (DMS)
8300 Sign Face Materials
5.3. ATTACHMENT C: Hall Signs Catalogue item#12-CRF Ultra Supr-LokTm Cap specification.
5.4. ATTACHMENT D: Hall Signs Catalogue item#1238F Ultra Supr-LokTm Cap specification.
6. QUALIFICATIONS: The opening of a response shall not be construed as the City's acceptance of such as qualified
and responsive. All Respondents shall:
6.1. Be firms, corporations, individuals or partnerships normally engaged in the sale and distribution of commodity
or provision of the services as specified herein.
6.2. Have adequate organization,facilities, equipment and personnel to ensure prompt and efficient service to the
City.
6.3. 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 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.
6.4. 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
1 of 10
SOLICITATION NUMBER
12-009
SPECIFICATION NUMBER
801-09
DATED: JANUARY 2012
references are not applicable. References may be checked prior to award. Any negative responses received
may result in disqualification of submittal. NOTE: REFERENCE FORM (ATTACHMENT A) PROVIDED. E-
MAIL ADDRESSES ARE REQUIRED.
7. 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:
7.1. The purchase price;
7.2. The reputation of Respondent and of respondent's goods or services;
7.3. The quality of the Respondent's goods or services;
7.4. The extent to which the goods and services meet the City's needs;
7.5. The Respondent's past relationship with the City;
7.6. The total long-term cost to the City to acquire the Respondent's goods or services;
7.7. Any relevant criteria specifically listed in the solicitation.
7.8. 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.
8. AGREEMENT TERM: The terms of the awarded agreement shall:
8.1. The initial term of the resulting agreement shall be three(3)consecutive twelve(12)month periods from the
effective date. The agreement may be renewed for two(2) additional periods of time, not to exceed twelve
(12)months each, provided both parties agree in writing.
8.2. The City reserves the right to review the respondents' performance at the end of each twelve(12)month
period and cancel all or part of the agreement(s)or continue the agreement(s)through the next period.
9. PRICE INCREASE OR DECREASE:A price increase or decrease to the agreement may be considered based on
the following:
9.1. The City may permit"unit price"adjustments upwardly or downwardly when correlated with the price index
specified herein. Price adjustments for each renewal and extension periods will be based on the Producer
Price Index for Aluminum Mill Shapes(WPU102501), latest month
http://www.bis.00v/xq shells/ro4xgppihi.htm.
9.2. The baseline index shall be the index announced for the month in which the solicitation was awarded.
9.2.1. The allowable percent change shall be calculated by subtracting the baseline index from the index '
announced for the month in which the renewal option is exercised and dividing the result by the
baseline index.
9.2.1.1. A=Baseline index from the month in which the solicitations opened or the month of the last
approved price increase.
9.2.1.2. B=Current and/or latest baseline index.
9.2.1.3. "B"minus"A", then divided by"A". Multiply sum by 100%equals the percent of the
allowable price increase or decrease, "C".
4
9.2.2. The allowable percent change shall be rounded to the nearest one-hundredth of one percent and
shall be the maximum unit price adjustment permitted, except that the vendor may offer price
decreases in excess of the allowable percent change.
9.3. Price increase cannot exceed 25%for the total cost and term of the agreement.
9.4. PROCEDURE TO REQUEST INCREASE OR OFFER DECREASE.
9.4.1. Mail the price increase request to the designated City Contract Specialist a minimum of 120 days
prior to each renewal period. Vendor shall supply supporting documentation as justification for each
request.
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SOLICITATION NUMBER
12-009
SPECIFICATION NUMBER
801-09
DATED: JANUARY 2012
City of Round Rock
Purchasing Department
ATTN: Contract Specialist
221 E. Main Street
Round Rock,Texas 78664-5299
9.4.2. Upon receipt of the request, the City reserves the right to either: accept the escalation as supported
by the appropriate price index and make change to the purchase order within 30 days of the request,
negotiate with the vendor or cancel the purchase order if an agreement cannot be reached on the
value of the increase.
10. 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.roundrocktexas.-gov/home/index.asp?paqe=463.
11. ACCEPTANCE:Acceptance inspection should not take more than ten (10)working days. The vendor will be
notified within this time frame if the goods delivered are not in full compliance with the specifications. If any
agreement or purchase order is canceled for non-acceptance, the needed good may be purchased elsewhere and
the vendor may be charged full increase, if any, in cost and handling.
12. PROMPT PAYMENT POLICY: Payments will be made in accordance with the Texas Prompt Payment Law, Texas
Government Code, Subtitle F, Chapter 2251. The City will pay Vendor within thirty days after the acceptance of the
supplies, materials, equipment, or the day on which the performance of services was completed or the day, on
which the City receives a correct invoice for the supplies, materials, equipment or services,whichever is later. The
Vendor may charge a late fee(fee shall not be greater than that which is permitted by Texas law)for payments not
made in accordance with this prompt payment policy; however, this policy does not apply to payments made by the
City in the event:
12.1. There is a bona fide dispute between the City and Vendor concerning the supplies, materials,services or
equipment delivered or the services performed that causes the payment to be late; or
12.2. The terms of a federal agreement, grant, regulation, or statute prevent the City from making a timely
payment with Federal Funds; or
12.3. There is a bona fide dispute between the Vendor and a subcontractor or between a subcontractor and its
suppliers concerning supplies, material, or equipment delivered or the services performed which caused the
payment to be late; or
12.4. The invoice is not mailed to the City in strict accordance with instructions, if any, on the purchase order or
agreement or other such contractual agreement. {
PART II
SCHEDULE
1. SOLICITATION SCHEDULE: It is the City's intention to comply with the following solicitation timeline:
1.1. Solicitation released January 13, 2012
1.2. . Deadline for questions January 24, 2012
1.3. City responses to all questions or addendums January 27, 2012
1.4. Responses for solicitation due by 3:00 PM February 7, 2012
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
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SOLICITATION NUMBER
12-009
SPECIFICATION NUMBER
801-09
DATED: JANUARY 2012
questions shall be posted on our webpage, hftp://www.roundrocktexas.-gov/home/index.asp?paqe=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. Mail or carry sealed responses to:
City of Round Rock
Purchasing Department
221 E. Main Street
Round Rock,Texas 78664-5299
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.
3.3. Product sheet(s) containing proof of compliance with TxDOT and other specifications contained herein.
4. POST AWARD MEETING: The City and Respondent shall have a post award meeting to discuss, but not be limited
to the following:
4.1. Provide City contact(s) information for implementation of agreement.
4.2. Agreement terms and conditions.
E
PART 111
SPECIFICATIONS—SIGN BLANKS
1. SCOPE OF WORK: To provide the City with Aluminum Sign Blanks of varying lengths for street name signs.
2. COMPLIANCE: The bidder agrees that the sign blanks shall comply with any and all applicable state,federal, and
local statutes, ordinances, and regulations.
2.1. Goods shall specifically comply with Texas Department of Transportation(TxDOT)material specifications,
DMS-8300 Sign Face Materials, herein ATTACHMENT B.
i
ftp://ftp.dot.state.tx.us/pub/txdot-info/cst/DMS/8000 series/archives/8300-0109 pdf
2.2. Goods shall comply with required US Bureau of Public Roads Standards.
2.3. Goods shall comply with ASTM B499 Standard.
hftp://www.astm.or-q/Standards/B499.htm
3. SIGN THICKNESS: Sign blanks shall be flat with a .080 gauge anodized.
4. SIGN FINISHING: Sign finishing shall include, but not be limited to the following:
4.1. White sheeting on both sides of sign with 3M High Intensity Grade Prismatic Reflective Sheeting or it's
equilavent.
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SOLICITATION NUMBER
12-009
SPECIFICATION NUMBER
801-09
DATED: JANUARY 2012
4.2. Sign corners shall be rounded.
4.3. No holes shall be permitted in sign blanks.
4.4. No burrs and sharp edges shall be permitted on sign blanks.
5. PRICING: Pricing indicated in the bid form shall be all inclusive of all labor, equipment,freight and fees necessary
to provide and deliver goods specified herein.
6. ORDER QUANTITY: The quantities shown on the solicitation are estimates only. No guarantee of any minimum or
maximum volume is made or implied. The City shall only order the services needed to satisfy operating
requirements within budgetary constraints, which may be more or less than indicated.
7. GOODS: The products furnished under said specification shall be the latest improved model in current production,
as offered to commercial trade, and shall be of quality workmanship and material. The Vendor represents that all
equipment offered under said specification shall be new. USED, SHOPWORN, DEMONSTRATOR,PROTOTYPE,
OR DISCONTINUED MODELS ARE NOT ACCEPTABLE.
8. DELIVERY LOCATION: Goods shall be delivered to:
City of Round Rock Traffic Signals and Signs
2015 Lamar Drive
Round Rock,TX 78664
9. RESPONDENT PRODUCT SAMPLES: Respondent product samples may be requested by the City to facilitate
the evaluation process, especially if bidding an alternate product as an equivalent.
9.1. If requested, samples shall be submitted for delivery to City no later than 72 hours from receipt of request.
9.2. The Respondent name, solicitation number, product name shall be clearly marked on samples.
9.3. Samples shall be shipped at Respondent's expense.
9.4. Respondents requesting samples returned shall include, with the sample, a pre-paid shipping label, or UPS
account information.
PART IV
SPECIFICATIONS—CAPS AND BRACKETS
10. SCOPE OF WORK: To provide the City with Caps and Cross Sign Brackets for use as the City's street name signs.
11. PURPOSE: Caps and brackets shall be used to secure and provide mounting support for the signs specified
herein.
12. PRODUCT EXAMPLE: Any example shown is listed to show type and class of equipment desired. All product
types and manufacturers will be considered provided they meet the minimum requirements detailed herein.
13. CAP AND BRACKET SIZING: The following sizing specifications shall be required:
13.1. Caps and brackets shall have 12 inch long blade holders.
13.2. Caps and brackets shall support signage specified herein.
13.3. Caps shall fit 2 3/8 inch outside diameter round posts. E
13.4. Cap and brackets shall provide cadmium plated screw sets to secure sign to bracket.
13.5. Caps shall be equivalent to Hall Signs Catalogue item#1238F Ultra Supr-Lok TM Cap. Herein shown as k
ATTACHMENT C.
t
http://store.hallsigns.com/products/installation/brackets/street/1238F htm
13.6. Cross brackets shall be equivalent to Hall Signs Catalogue item#12-CRF Ultra Supr-Lok TM Cap. Herein
shown as ATTACHMENT D.
http://store.hallsigns.com/products/installation/brackets/street/12-CRF htm
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SOLICITATION NUMBER
12-009
SPECIFICATION NUMBER
801-09
DATED: JANUARY 2012
14. PRICING: Pricing indicated in the bid form shall be all inclusive of all labor, equipment,freight and fees necessary
to provide and deliver goods specified herein.
15. ORDER QUANTITY: The quantities shown on the solicitation are estimates only. No guarantee of any minimum or
maximum volume is made or implied. The City shall only order the services needed to satisfy operating
requirements within budgetary constraints,which may be more or less than indicated.
16. GOODS: The products furnished under said specification shall be the latest improved model in current production,
as offered to commercial trade, and shall be of quality workmanship and material.The Vendor represents that all
equipment offered under said specification shall be new. USED, SHOPWORN, DEMONSTRATOR, PROTOTYPE,
OR DISCONTINUED MODELS ARE NOT ACCEPTABLE.
17. DELIVERY LOCATION: Goods shall be delivered to:
City of Round Rock Traffic Signals and Signs
2015 Lamar Drive
Round Rock,TX 78664
18. RESPONDENT PRODUCT SAMPLES: Respondent product samples may be requested by the City to facilitate
the evaluation process, especially if bidding an alternate product as an equivalent.
18.1. If requested, samples shall be submitted for delivery to City no later than 72 hours from receipt of request.
18.2. The Respondent name, solicitation number, product name shall be clearly marked on samples.
18.3. Samples shall be shipped at Respondent's expense.
18.4. Respondents requesting samples returned must include,with the sample, a pre-paid shipping label, or UPS
account information.
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SOLICITATION NUMBER
12-009
SPECIFICATION NUMBER
801-09
DATED: JANUARY 2012
CITY OF ROUND ROCK PURCHASING DEPARTMENT
221 E.Main Street
Round Rock,Texas 78664-5299
Solicitation Information:
Responses are due to the Purchasing Department Aluminum Sign Blanks
Solicitation Number 12-009
at the above address by 3:00 PM,February 7,2011. Opening Date: 217111
Opening Time: 3:00 PM
Response Location:
Show solicitation opening date&solicitation number in lower left Purchasing Division
hand comer of sealed response envelope with return address of 221 E.Main Street
responding firm. Round Rock,TX 78664
Facsimile responses shall not be accepted Return signed one(1)original and three(3)copies of response.
Respondent shall sign below
INVOICE TO: Failure to sign response will disqualify response
CITY OF ROUND ROCK
ACCOUNTS PAYABLE
221 EAST MAIN STREET Authorized Signature Date
ROUND ROCK,TEXAS 78664-5299
Print Name
Respond F.O.B.Destination,Freight prepaid and allowed unless
otherwise specified below
SEE 1.7 OF SOLICITATION INSTRUCTIONS
DESTINATION: TAX ID NO.:
CITY OF ROUND ROCK
TRAFFIC SIGNALS AND SIGNS LEGAL BUSINESS NAME:
2015 LAMAR DRIVE
ROUND ROCK,TX 78664 ADDRESS:
CONTACT:
"By the signature hereon affixed,the respondent
hereby certifies that neither the respondent nor the TELEPHONE NO:
entity represented by the respondent,or anyone acting
for such entity has violated the antitrust laws of this BUSINESS ENTITY TYPE:
State,codified in Section 15.01 et seq.,Texas E-MAIL:
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.
Estimated
Item Unit of Price Per Annual
# Item Description Measure Unit Quantity Total Price
1 Aluminum Sign Blanks 24 Inches x 9 Inches EACH 100
2 Aluminum Sign Blanks 30 Inches x 9 Inches EACH 200
3 Aluminum Sign Blanks 36 Inches x 9 Inches EACH 200
4 Aluminum Sign Blanks 42 Inches x 9 Inches EACH 200
5 Aluminum Sign Blanks 48 Inches x 9 Inches EACH
100
6 Cap(Per Attachment C) EACH 300
7 Bracket(Per Attachment D) EACH 300
i I
TOTAL
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SOLICITATION NUMBER
12-009
SPECIFICATION NUMBER
801-09
DATED: JANUARY 2012
SOLICITATION INSTRUCTIONS
ITEMS BELOW APPLY TO AND BECOME A PART OF TERMS AND CONDITIONS OF SOLICITATION
ANY EXCEPTIONS THERETO MUST BE IN WRITING
1. SOLICITATION REQUIREMENTS:
1.1 Responding requires pricing per unit shown and extensions. If trade discount is shown on solicitation, it should be deducted and net line extensions shown.
Respondents guarantees product offered will meet or exceed specifications identified in this Invitation For Bid(IFB).
1.2 Solicitations shall be submitted on Solicitation Sheet Each response shall be placed in a separate envelope completely and properly identified. Responses must be in
the Purchasing Department before the hour and date specified on the solicitation.
1.3 Late responses properly identified will be returned to respondent unopened. Late responses will not be considered.
1.4 Respond F.O.B.destination,freight,prepaid,&allowed unless otherwise specked on the solicitation. If otherwise,show exact cost to deliver.
1.5 Response shall show unit price on quantity and unit of measure specified,extension and show total. In case of errors in extension,unit prices shall govem. Responses
subject to unlimited price increase will not be considered.
1.6 Submitted prices shall be firm for acceptance 30 days from solicitation opening date. "Discount from List"responses are not acceptance unless requested. Cash
discount will not be considered in determining the low response. All cash discounts offered will be taken if earned.
1.7 Responses shall give Tax Identification Number,full name and address of respondent Failure to sign will disqualify response. Person signing response shall show title
and authority to bind signatories firm in an agreement Firm name should appear on each page in the block provided in the upper right comer. Business Entity shall be
one(1)of the following:Individual,Partnership,Sole Proprietorship,Estate/rrust,Corporation,Governmental.Non-profit,all others shall be specified. INDIVIDUAL:List
name and number as shown on Social Security Card. SOLE PROPRIETORSHIP:List legal name followed by legal business name and Social Security Number. ALL
OTHERS:List legal name of entity and Tax Identification Number(TIN).
1.8 Responses cannot be altered or amended after opening time. Any Alterations made before opening time shall be initialed by respondent or an authorized agent No
response can be withdrawn after opening time without approval of the CITY based on a written acceptable reason.
1.9 The City is exempt from State Sales Tax and Federal Excise Tax Do not include tax in response.
1.10 The City reserves the right to accept or reject all or any part of response,waive minor technicalities and award the response to best serve the interests of the City.Split
awards may be made at the sole discretion of the City.
1.11 Consistent and continued tie responses could cause rejection of responses by the City and/or investigation for antitrust violations.
1.12 Telephone,facsimile,and electronically transmitted responses are not acceptable in response to the solicitation.
1.13 CAUTION:Solicitation invitation allows sufficient time for receipt of the preferred mail response. The City shall not be responsible for responses received late,illegible,
incomplete,or otherwise non-responsive.
2. SPECIFICATION:
2.1 Any catalog, brand name or manufacturer's reference used in the solicitation is descriptive only(not restrictive),and is used to indicate type and quality desired.
Responses on brands of like nature and quality will be considered unless advertised under the provisions of Section 252.022 of the Texas Local Government Code. If
other than brand(s)specified is offered,illustrations and complete descriptions of product offered are requested to be made a part of the response. If respondent takes
no exceptions to specifications or reference data in response,respondent will be required to furnish brand names,numbers,etc.,as specified in the solicitation.
2.2 All items on the solicitation shall be new,in first class condition,including containers suitable for shipment and storage,unless otherwise indicated in the solicitation.
Verbal agreements to the contrary will not be recognized.
2.3 Samples,when requested,must be fumished free of expense to the City. If not destroyed in examination,they will be returned to the respondent,on request,at
respondent expense. Each example should be marked with respondents'name and address,City solicitation number and code. Do not enclose in or attach to response.
2.4 The City will not be bound by any oral statement or representation contrary to the written specifications of the solicitation.
2.5 Manufacturer's standard warranty shall apply unless otherwise stated in the solicitation.
3. TIE RESPONSES: In case of tie responses,the award will be made in accordance with Section 271.901 of the Texas Local Government Code.
4. DELIVERY:
4.1 Response shall 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 response to be disregarded. Consistent failure to meet
delivery promises without valid reason may cause removal from Vendor list(See 4.2 following.)
4.2 If delay is foreseen,Vendor shall give written notice to the City. The City has the right to extend delivery date if reasons appear valid. Vendor shall keep the City advised
at all times of status of order. Default in promised delivery(without acceptable reasons)or failure to meet specifications,authorizes the City to purchase supplies
elsewhere and charge full increase,if any,in cost and handling to defaulting Vendor.
4.3 No substitutions or cancellations permitted without written approval of the City.
4.4 Delivery shall be made during normal working hours only, unless prior approval for late delivery has been obtained from the City, unless otherwise specked in the
solicitation.
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 response or on samples taken
from regular shipments. If the products tested fail to meet or exceed all conditions and requirements of the specifications,the cost of the sample used and the cost of the
testing shall be bome by the supplier. Goods,which have been delivered and rejected in whole or in part,may,at the City's option,be returned to the Vendor or held for
disposition at Vendors risk and expense. Latent defects may result in revocation of acceptance.
6. AWARD OF AGREEMENT: A response to a solicitation is an offer to contract with the City based upon the terms,conditions,and specifications contained in the solicitation.
Responses do not become agreements or purchase orders unless and until they are accepted by the City through its designates and an agreement or a purchase order is s'
issued. The agreement or purchase order shall be governed,construed,and interpreted under the Charter of the City and the laws of State of Texas. All agreements or i
purchase orders are subject to the approval of the City Council or Manager.
7. PAYMENT: Vendor shall submit three(3)copies of an invoice showing the agreement or purchase order number on all copies.
8. PATENTS AND COPYRIGHTS: The Respondent agrees to protect the City from daims involving infringements of patents or copyrights.
9. RESPONDENT ASSIGNMENTS: Respondent hereby assigns to the purchaser any and all claims for overcharges associated with this agreement,which arise under the
antitrust laws of the State of Texas.TX,Bus.And Comm.Code Ann.Sec.15.01,at seq.(1967). f
10. RESPONDENT AFFIRMATION:
10.1 Signing the response with a false statement is a material breach of agreement and shall void the submitted response or any resulting agreements,and the Respondent
shall be removed from all Vendor lists. 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,
tip,favor,or service to a public servant in connection with the submitted response.
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 firth,corporation,or entity has
violated the antitrust laws of this State codified in Section 15.01 et Seq.Texas Business and Commercial Code,or the Federal Antitrust Laws,nor communicated directly
or indirectly the response 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 the solicitation.
11. NOTE TO RESPONDENTS: Any terms and conditions attached to response will not be considered unless the respondent specifically references them on the front of the
response form. WARNING:Such terms and conditions may result in disqualification of the response(e.g.responses with the laws of a state other than Texas requirements for
prepayment,Limitations on remedies,etc.) The City of Round Rock can only accept responses which contain all the terms and conditions of its formal solicitation;in particular,
all respondents'affirmations and certifications must be included. Submission of responses on forms other than City's form may result in disqualification of your response.
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SOLICITATION NUMBER
12-009
SPECIFICATION NUMBER
801-09
DATED: JANUARY 2012
12. INQUIRIES: Inquiries pertaining to Solicitation invitations must give Solicitation number,codes,and opening date.
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SOLICITATION NUMBER
12-009
SPECIFICATION NUMBER
12-801-09
DATED: JANUARY 2012
ATTACHMENT A
RESPONDENT'S REFERENCE SHEET
PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE
SOLICITATION NUMBER:
RESPONDENT'S NAME: DATE:
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
Name of Contact
Title of Contact
E-Mail Address
Present Address
City, State, Zip Code
Telephone Number ( ) Fax Number: ( )
2. Company's Name
Name of Contact
Title of Contact
E-Mail Address
Present Address
City, State, Zip Code l
Telephone Number ( ) Fax Number: ( ) r
3. Company's Name t
Name of Contact
Title of Contact
E-Mail Address
Present Address
City, State,Zip Code i
Telephone Number ( ) Fax Number: ( )
FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY
AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD.
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ATTACHMENT B
DEPARTMENTAL MATERIALS SPECIFICATION SIGN FACE MATERIALS
DMS - 8300
SIGN FACE MATERIALS
EFFECTIVE DATES:JANUARY 2009—APRIL 2009.
8300.1. Description.This Specification establishes pre-qualification, warranty, material,and
testing requirements, and approval procedures for the following sign face.
materials:
• reflective sheeting,
• conformable reflective sheeting,
• screen inks,
• colored transparent films and non-reflective black filmsand
• anti-graffiti films and coatings.
8300.2. Units of Measurements. The values given in parentheses(if provided)are not standard
and may not be exact mathematical conversions:Use each system of units separately. Combining
values from the two systems may result in nonconformance with the standard.
8300.3. Material Producer List.The Materials and'Pavements:Section of the Construction
Division(CST/M&P) maintains the Material Producer List:( ..MPL) of all materials that have
demonstrated the ability to conform to the requirements of this Specification. Materials
appearing on the MPL, entitled"Sign Face Materials,"do not require sampling and testing
before use, but the Department may periodically sample"materials to ensure conformance to this =.
specification and may also sampleif material quality is suspect.
8300.4. Bidders' and Suppliers''Requirements. The Department will only purchase or allow
on projects those products listed by manufacturer and product code or designation shown on the
MPL.
p q
Use of re ualified materials does not relieve the contractor of the responsibility to provide
materials t�'-�' T7�,the specifications.
8300.5. Pre-Qualification;Procedure.
k
A. Pre Qualification Request. Prospective producers interested in submitting their product
for evaluation must send a written request to the Texas Department of Transportation,
Construction Division,Materials and Pavements Section(CP-51), 125 East 11 to Street,
Austin,Texas 78701-2483.
Include the following information in the request:
• company name,
• physical and mailing addresses,
• type of material,
• company material designation (product name, style number, etc.), and
'X
TEXAS DEPARTMENT OF TRANSPORTATION 1-I1 01109-04/09
t
5
DEPARTMENTAL MATERIALS SPECIFICATION SIGN FACE MATERIALS
• contact person and telephone number.
For sign sheeting submissions, include:
• Proposed TxDOT sheeting type,
• ASTM sheeting type,
• a test report with actual test data showing the material complies with the requirements
of ASTM D 4956 for the sheeting type proposed, and
• the warranty statement required in Article 8300.6, `Comprehensive Manufacturer's
Warranty Requirements.'
B. Pre-Qualification Sample.For all proposed products,provide pre=qualifcation sample
quantities at no cost to the Department in accordance with"Tex-7201
The Department reserves the right to perform any or.all tests in this Speeification'as a
check on the tests reported by the manufacturer. In the case of any variance,the
Department's tests will govern.
The Department will charge suppliers for the cost of sampling and"testing of materials
that do not meet the requirements of this 6ecihdation in accordance:with Section 8300.7.
C. Evaluation.
1. Qualification. The Departme'ntwill list materials meeting the requirements of this
Specification on the MPU;:,,:,
The Department may grant provisional pre-qualifcation after successful completion of
the accelerated weathering requirement`s, or.for materials that have undergone a full
evaluation by the National Transportation Product Evaluation Program, and whose test
results meet the minimum durability values required by this Specification.
The Department.will grant full pre qualification after successful completion of the
exterior exposure requirements Failure to complete all exterior exposure requirements
successfullyiis grounds for cancellation of provisional pre-qualification.
x.
Reportchanges i the composition or in the manufacturing process of any material to
CST/M&P at the address shown in Article 8300.4.
The Department will'review significant changes reported and the material may require
a re-evaluation The Department reserves the right to conduct whatever tests deemed
ce
nessary to identify a pre-qualified material and determine if there is a change in the
composition,manufacturing process, or quality, which may affect its durability or
perforriance.
2. Failure. Producers not qualified under this Specification may not furnish materials for
Department projects and must show evidence of correction of all deficiencies before
reconsideration for qualification.
Costs of sampling and testing are normally borne by the Department; however, the
costs to sample and test materials failing to conform to the requirements of this
Specification are borne by the supplier. This cost will be assessed at the rate
established by the Director of CST/M&P and in effect at the time of testing.
TEXAS DEPARTMENT OF TRANSPORTATION 2-11 01109-04109
k
DEPARTMENTAL MATERIALS SPECIFICATION SIGN FACE MATERIALS
Amounts due the Department will be deducted from monthly or final estimates on
Contracts or from partial or final payments on direct purchases by the State.
D. Periodic Evaluation. The Department reserves the right to randomly sample and
evaluate pre-qualified materials for conformance to this Specification and to perform
random audits of documentation. Department representatives may sample material from
the manufacturing plant, the project site, and the warehouse.
Failure of materials to comply with the requirements of this Specification as a result of
periodic evaluation may be cause for removal of those materials from the MPL.
E. Disqualification. Disqualification and removal from the MPL may occurif one of the
following infractions occurs:
• material fails to meet the requirements stated in this Specification,, _
• the producer fails to report changes in the formulation or production process``of the
material to CST/M&P,
• the producer has unpaid charges for failing samples, or
• the producer has unresolved warranty issues: -
F. Re-Qualification.A manufacturer or supplier may submit material for re-evaluation after
documenting the problem and its resolution Submit documentation identifying the cause
and corrective action taken.
8300.6. Comprehensive Manufacturer's Warr1. anty Requirements. Sign face material
manufacturers must comply with all requirements of the following warranty. Failure to comply
with the requirements of this warranty is cause for rempval from the MPL. '
Submit a statement indicating understanding and compliance with the provisions of the warranty
and willingness to abide by the provisions to the address shown in Article 8300.4.A, `Pre-
Qualification Request.' Include the nameaddress,and telephone number of the person to contact '
regarding potent al claims under the warranty provisions.
The warranty mustinclude the use of one manufacturer's sign face material directly applied to a
different manufacturer's sign face material. If a failure occurs,assignment of warranty
responsibility Jsto the manufacturer of the sign face material that fails. (Example: If the sheeting
separates from the sign�substrate,the manufacturer of the sheeting attached to the substrate will
be responsible.,Ifthe sheeting or film used for legend detaches from the sheeting attached to the _
substrate,the manufacturer of the legend material will be responsible for the failure.)
A. Certification. Submit a certification with each lot or shipment,which states that the
material supplied meets the requirements listed. Show individual lot numbers on the
certification.
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B. Field Performance. Sign face materials processed,applied, stored, and handled 4
according to the manufacturer's recommendations (or as required in this Specification
when there is an exception to the manufacturer's recommendations), must perform
satisfactorily for the number of years stated in Section 8300.6.C, `Minimum Performance
Period,' for that sign face material. The performance period begins at the time of
application of the sign face material to the sign. The warranty requirements go into effect
TEXAS DEPARTMENT OF TRANSPORTATION 3-11 01109-04109
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DEPARTMENTAL MATERIALS SPECIFICATION SIGN FACE MATERIALS
upon final acceptance by the Department. The Department will adjust the performance
period to deduct the time between application of the sign face material to the sign and
Department acceptance.
The sign face material is unsatisfactory if:
• it deteriorates due to natural causes to the extent that the sign is ineffective for its
intended purpose (Example: When the sign is viewed from a moving vehicle under
normal day and night driving conditions) or
• shows any of the following defects:
• cracks discernible with the unaided eye from the driver's positionwhile in an
outside lane at a distance of 50 ft. (15 m) or greater from the sign
• peeling in excess of 1/4 in. (6.4 mm)
• shrinkage in excess of 1/8 in. (3.2 mm)total per 48 iii. 0.2 m)of sheeting".
heeting width
• fading or loss of color to the extent that color,fails to meet the requirements in
ASTM D 4956 or
• loss of reflectivity to a level below 80%for Types -D, and E sheeting of the
minimum values specified in ASTM D 4956or in this Sped cation for new
sheeting when measured at the angles specified for each type.
Provide the applicators with manuals,training Videos, or both describing the proper
application method. Submit,to the;address shown.,in Article 8300.4.A, `Pre-Qualification
Request,' a copy of the current training materials provided with any updates as they
occur. Include recommended^procedures'-for the storage and handling of materials after
application to the sign face up to final installation.
The sign face material manufacturer's warranty does not relieve the Contractor for
unacceptable work or improper handling;storage, or installation. The Contractor is fully
responsible forall materials and work until final acceptance by the Department. g
C. Minimum Performance Period.All signs made with the type of sheeting indicated
below and any other sign face materials used on each type of sheeting, except
construction and maintenanee:
DEPARTMENTAL MATERIALS SPECIFICATION SIGN FACE MATERIALS
original effectiveness as determined by and at no cost to the Department for materials or
labor.
Replacement sign face materials must:
• be the same type originally specified unless otherwise approved or directed,
• meet all the requirements of this Specification, and
• appear on the MPL.
Schedule with designated Department personnel, within 30 days of notification of
potential replacement obligation, an on-site investigation to determine if the sign face
material manufacturer's obligation exists.
Fulfill all obligations within 120 days after determination of obligattons'are made The
Department may replace signs where uncompleted obligations occur and may bill the
manufacturer for all Department costs in performing-the manufacturer's replacement
obligation.
When in the judgment of the Department deteriorated signs.'present a traffic hazard,the
Department reserves the right to remove the signs,from the roadway and place them in
storage for the manufacturer's inspectionReimburse:the Departmentfor all costs,
including labor for removal and replacement,when inspection reveals that a material
manufacturer's obligation exists.
The materials manufacturer may use an independent Contractor to fulfill obligations to
replace or refurbish signs,_on tl a.roadway
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Terms of the Contract must be in conformance with the provisions of Contracts used by
the Department for this type work, be aprovedby the Department, and save harmless the
Department from any liability that may arise:out of the Contractor's operations.
The Department can,provide a,sample Contract to the manufacturer upon the
manufactur`er's request.
The Departmertreserves the right toplace a representative on the job to ensure that the
signs are replaced or refurbished in conformance with Department standards. The
Department will test all sign face materials used to fulfill the manufacturer's obligations
to ensue compliance`wrth'`this Specification. k
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Replacement material;assumes the remaining warranty period of the material it replaces.
E. Sign ProcessorsObligations. Submit the following with each shipment of signs or sign k.
faces:
• Department Contract or purchase order number and
• a copy of the certification, as required in Section 8300.6.A, `Certification,' showing 7
the lot number of all sign face materials from which the completed signs or sign faces
were processed.
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TEXAS DEPARTMENT OF TRANSPORTATION 5-11 01/09-04/09
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DEPARTMENTAL MATERIALS SPECIFICATION SIGN FACE MATERIALS
8300.7. Material Requirements for Reflective Sheeting. This Specification covers the general
and specific requirements for the three types of reflective sheeting materials listed in Table 2—
Types C,D, and E.
Meet all the requirements of ASTM D 4956,except when otherwise specified. For Type C and D
white sheeting intended for use on permanently installed highway signs,the average coefficient
of retroreflection for a roll of sheeting must not vary more than 15 %when comparing Ra at
0 degrees and rotated 90 degrees for the angle epsilon (or rotational angle)while tested at each
observation angle (alpha) and the -4 entrance angle (Beta 1). Calculate the 15%variation by
dividing the difference between Ra(0) and Ra(90) by Ra(90).
For white sheeting not meeting the 15%maximum orientation requirement,provide
identification marks or other orientation features in or on the sheeting face;denotingthe optimum
orientation of the sheeting. The markings must be visible from a minimum distance of 5 ft. and
must be arrayed in such a manner that they will be readily distinguishable on cut=out legend,
symbols, or borders.
The Department conducts outdoor weathering at the D.dpartrrient's test site in Austin, Texas or at
other locations as deemed necessary by the Director of CST/M&P:
Meet the supplementary requirements specified in ASTM D.4956, Supplementary Requirement
S3, `Artificial Accelerated Weathering' when tested in accordance with ASTM G 155 using
Exposure Cycle 1 with a quartz inner filter'glass and Type"S"Borosilicate outer filter glass. The
Department will test the following application types,'notlisted in Table S3.1, for the hours
indicated and with the specified results as shown: E
• nonconstruction work zone
• 2,200 hr. and {
• meeting a minimum of 80%of the minimum specified initial retroreflectivity values for r
that type after.,accelerated Weathering
• construction work zone '';:
• 500 hr. and
• meeting a minimum of 60%of the minimum specified initial retroreflectivity values for
that.type after accelerated weathering.
The manufacturer may fabricate�identification marks to denote type of sheeting in or on the face
of sheeting When used,place`the markings inconspicuously on 4 to 12 in. (100 to 300 mm) f;
centers visible from a distance of not more than 30 ft. (9 m)or in a manner pre-approved by the
Director of CST/M&P. £
The sheeting manufacturer must furnish identification codes to the Department.
TEXAS DEPARTMENT OF TRANSPORTATION 6-11 01109-04109
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DEPARTMENTAL MATERIALS SPECIFICATION SIGN FACE MATERIALS
Table 2
Sheeting Requirements
Type ASTM D 4956 Type Comments
Must meet all requirements for non-
fluorescent sheeting for ASTM Type III
or IV.
The MPL lists Type Csheeting made
III or IV with encapsulated glass beads and
C microprismatic elements separately,and
the Department may specify one or the
other for specific applications.White
sheeting for'.permanent'signs not
meeting the 150/6maximum'orientation
requi.rpment will be,listed separately,on
the MPL and mustbe applied in the
direction stated m Section 8300.7.17.
Must meet alf requtrements for non-
fluorescent sheeting for-ASTM Types
VII,VIII,IX,X.White sheeting for
D VII,VIII,Ix'.x permanent signs not meeting the 15%
maximum orientation requirement will
' be listed separately on the MPL and
must be applied in the direction stated in
Section 8300.7.F.
Must meet all requirements for
E VII,VIII,IX,X fluorescent sheeting for ASTM Types
VII,VIII,IX,X.
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TEXAS DEPARTMENT OF TRANSPORTATION 7-11 01/09-04/09
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DEPARTMENTAL MATERIALS SPECIFICATION SIGN FACE MATERIALS
A. Film Characteristics.Meet the requirements of Table 3.
Table 3
Film Requirements
Characteristic Requirement
The integrity of the film must be such that when the
sheeting or a completed sign face is trimmed(in the
Workability normal manner)to match the sign substrate,the film must
not crack,flake,nor chip on the sign panel..or sign face
side of the trim line.
• At any combination of temperatures from SQ,to 100°F
(10 to 38°C)and relative humidity from 20%o to.90%,
the sheeting must be able to be cut,�applied,and'color
Temperature Stability processed.
• Unapplied sheeting must withstand heat curing of
process inks at temperatures up to 200°F(93°C);
unless otherwise limited by the sheeting manufacturer
and so stated in their technical literature.
The surface of the sheeting or the face of a completed sign
must be'ehemically resistant to the extent'ihat there will be
Chemical Resistance no su"rfacs change when wiped with a soft,clean cloth
dampened4vith mild detergents or cleaners supplied by or
`recommended by the sheeting manufacturer.
B. Adhesive.Precoat the backside of the reflective sheeting with either a heat-activated or a
pressure-sensitive adhesive.No"additional coats of adhesive must be required to affix the
reflective sheeting to the sign blank. The'adhesive and liner,when used, must meet the
requirements of ASTM,D 4956. f
Suppliers of reflective sheeting using a porous, textured-backing paper to protect the
adhesive layertli . isnot suitable for us6as a slip-sheet for packaging of completed signs, g
sign panels, or both;:must supply.rolls'of slip-sheet paper in the various widths of
reflective sheeting supplied. The area of slip-sheet paper, supplied in the various widths,
must be the same as the areaYof"reflective sheeting supplied in the various widths.
Supplied slip-sheet paper is subsidiary to the reflective sheeting and any costs, direct or
indirect,must be included-in the bid price for reflective sheeting on State purchases. <
The adhesive must have no staining effect on the reflective sheeting.
C. Reflected Night Color.The reflected night color must be:
• identifiable as the same color as the day color when observed at 50 ft. (15 m)and
• uniform and free of streaks, mars, and other imperfections.
D. Screened Sheeting Optical Performance.Before exterior exposure or weather-o-meter
(WOM) exposure, sheeting reverse screened with transparent ink must have the minimum
co-efficient of retroreflectivity values specified in ASTM D 4956.
(NOTE: Retroreflectivity will be determined in accordance with Tex-842-B.)
TEXAS DEPARTMENT OF TRANSPORTATION 8-11 01/09-04/09
DEPARTMENTAL MATERIALS SPECIFICATION SIGN FACE MATERIALS
E. Material Identification.Mark each container,carton, or box containing reflective
sheeting with the information listed in ASTM D 4956.The identification numbers must
also appear on the inside of the sheeting roll core. The identification number on the
outside of the box and on the inside of the core must match. The mismatch of these
numbers may be cause for rejection.
F. Special Sign Fabrication Requirements. When utilizing white sheeting for permanent
signs that does not meet the 15%maximum orientation requirement, fabricate signs by
applying the sheeting for cut-out legend, symbols, borders, and route.;marker attachments
within the parent sign face with the identification markings in the vertical direction.
8300.8. Material Requirements for Conformable Reflective Sheeting:
A. General Requirements. Conformable reflective sheeting is intendedfor use on both flat
surface and round plastic or metal posts. Meet all the:requirements of ASTM D 4956,
except when otherwise specified. In addition to the ASTM requirements, meet the
requirements of Tex-843-13.
8300.9. Material Requirements for Screen Inks.
A. General Requirements. Specifically formulate screen inks for screening sign faces or
legends on the type of reflective sheeting required.
B. Color. Screen inks,when screened onto any pre qualified white reflective sheeting,must
produce a color within the;color.requirements specified for the various colors of
reflective sheeting in ASTM D 4956. :f
Use the type of screen recommended byahe`manufacturer.
Use screen inks as supplie4 or thinned according to the manufacturer's recommendations.
Color will be`determmed by:using ink from sealed, unopened containers as received from
the manufacturer ai4'accordmg to manufacturer's recommendations for thinning.
C. Transparency:Black screen ink;when applied to white sheeting, must be completely
opaque.
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D. Durability. Screen inks, recommended by the ink manufacturer for use on any of the
types of reflective sheeting, must exhibit the same durability as specified for that type of
reflective`sheetng
When tested according to Federal Test Method 6301, "Adhesion (Wet)Tape Test,"the
results must-show no process inks removed after processing a minimum of 96 hr. or after
exposure of the sheeting types to durability and weathering tests specified.
8300.10. Material Requirements for Colored Transparent Films and Non-Reflective Black
Films.
A. General.Colored,transparent films must consist of durable, electronically cuttable films
coated with a transparent,pressure-sensitive adhesive protected by a removable liner.
Non-reflective black films must be acrylic and consist of durable, electronically cuttable
films coated with a pressure-sensitive adhesive protected by a removable liner.
TEXAS DEPARTMENT OF TRANSPORTATION 9-11 01109-04/09
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DEPARTMENTAL MATERIALS SPECIFICATION SIGN FACE MATERIALS
The films must be:
• designed to be cut on knife-over-roll (sprocket-fed or friction-fed)and flat bed
electronic cutting machines;
• available in standard traffic colors;
• dimensionally stable; and
• designed to cut, weed, lift, and transfer.
The films must not release any volatile,organic compounds.
B. Color. When applied to retroreflective sheeting,the resulting color must"fall within the
color requirements specified for each color of reflective sheeting in ASTM D-4956. Black
film must have a reflectance (Y) no greater than 4.0 as determined 6y Tex-839-B
C. Co-efficient of Retroreflection. When applied to retroreflective sheeting,the resulting
co-efficient of retroreflection must meet the minimum I:values specified in ASTM D 4956.
Retroreflectivity will be determined in accordance with Tex-842 B.
D. Adhesion.Adhesion must meet the requirements of ASTM D 4956`1`
E. Durability.All films, when applied to the°various types.of reflective sheeting, must meet
the same durability requirements as specified for_that type of"reflective sheeting.
8300.11. Anti-Graffiti Films and:.,.Coatmgs
A. Color. When applied to retroreflective sheeting,the resulting color must fall within the
color requirements specified for the various colors of reflective sheeting in
ASTM D 4956.
B. Co-efficient of Retroreflection.When applied to retroreflective sheeting,the resulting
co-efficient of retrdt.. ection reading must have the minimum values as shown in
ASTM D 4956.
Co-efficient of retroreflection will be determined in accordance with Tex-842-B. 4
C. Dur`abitmy,
• R'esistanc&and Exposure
• The sheeting must show no cracking, crazing, blistering, chalking,or dimensional
change after WOM exposure for 2,200 hr. and exterior exposure at 45° for 36 mo.
or at 90° for 5 yr.
• WOM exposure will be in accordance with ASTM G 155, using Exposure Cycle 1 r
with a quartz inner filter glass and Type"S"Borosilicate outer filter glass.
• Exterior exposure will be facing south at the Department's exterior exposure test
site in Austin, Texas or other locations as deemed necessary by the Director of
CST/M&P.
8300.12. Contrast Ratio of Sign Faces and Completed Signs.For all sign faces and
completed signs using transparent screen inks or transparent films,the `Contrast Ratio' is the
TEXAS DEPARTMENT OF TRANSPORTATION 10-11 01/09-04/09
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DEPARTMENTAL MATERIALS SPECIFICATION SIGN FACE MATERIALS
quotient obtained when the co-efficient of retroreflection of the white is divided by the
co-efficient of retroreflection of the other color.
The contrast ratio will be determined at an observation angle of 0.2° and an entrance angle of
-4°.
For all signs,which use white and red reflective sheeting,the contrast ratio must not be less than
4.0 or greater than 15.0. For all other signs, sign panels, sign faces, and traffic control devices,
the contrast ratio must not be less than 4.0.
8300.13. Packaging.Package the materials in containers that will permit-normal shipping and
storage without the material sustaining damage or becoming difficult t6.' pply.
Roll material must contain no more than three splices per 50 yd (46 m). The length of the roll
core must not be less than the width of the material.
A. Pressure-Sensitive Material.The ends of the material must be.cut square with:a-n
overlap splice of 3/8±1/8 in. in width(9.5±3.2 mm) :Edges of the overlap splice are to
be straight and square.
B. Heat-Activated Material. Cut the ends.4the material square, but jointed closely
together and held securely in place with a removable tape.
8300.14. Archived Versions.Archived versions are mailable
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TEXAS DEPARTMENT OF TRANSPORTATION 11-11 01109-04109
ATTACHMENT C
#1238F Ultra Supr-Lok'" Cap
Round post cap for Oat street nante signs Bracket is drilled and
lapped for 5116'sal screws,on the opposite side,a 9116'dearance
hole Is drilled for boll-through installation Can be used with 3'round
posts in cor function with the OPAOD Adaoler.Slot:12'L..875-D.
.200-W
Our standard brockel kil includes vandaFresislam hardware at no
additional charge Each 1238F kit includes
• 1-cast aluminum bracket piece
e 7-PRP38 set screws
A FREE F-100 tool is included with each bracket order that includes
our PRP38 set screws
Phase note:orvy ono free rod is sent nsrh each onkr,reyardess or(no
reanbor ofarackefs ord rmd
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ATTACHMENT D
#12-CRF Ultra Supr-LokTM Cap
90-degree cross separator for use with Oat street name signs and any
post cap.Bracket is drilled and lapped for 5/16"set screws;on the
opposite side,a 9/16'clearance hole is drilled for bolt-through
installation.Slot:12"L..675'0,.200"W
Our standard bracket kit includes vandal-resistant hardware at no
additional charge.Each 12-CRF kit includes
• 1-cast aluminum bracket piece
• 6-PRP36 set screws
A FREE F-100 tool is included with each bracket order that includes
our PRP38 set screws.
Pktam note.'0*ono free tool is send with each order,regardass or the,
number orbrackers ordered
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ATTACHMENT A
CITY OF ROUND ROCK
INSURANCE REQUIREMENTS
1• INSURANCE:The Vendor shall Procure and maintain at its sole cost and ex ense for the duration
of the contractor Purchase order resultin from a res response to this bid/specification ecification insurance
again st claims for iniunes to Persons or dama es to ro ert whictbma arise from in u
connection with the erforolu. of the work as a result of this bid b the successful bidder its
in
accents,representatives volunteers employees or subcontractors
1.1. Certificates of Insurance and endorsements shall be furnished to the City and approved
by the City before work commences.
1.2. The following standard insurance policies shall be required:
1.2.1. General Liability Policy
1.2.2. Automobile Liability Policy
1.2.3. Worker's Compensation Policy
1.3. The following general requirements are applicable to all policies:
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1.3.1. Only insurance companies licensed and admitted to do business in the State of
Texas shall be accepted.
1.3.2. Deductibles shall be listed on the Certificate of Insurance an_d'are_acceptable __ §
—only-on-a-per occurrence basis for proper y damage only -
1.3.3. Claims made policies shall not be accepted,except for Professional Liability
Insurance.
1.3.4. Upon request,certified copies of all insurance policies shall be furnished to the i
City t'
1.3.5. Policies shall include,but not be limited to,the following minimum limits:
1.3.5.1. Minimum Bodily Injury Limits of$300,000.00 per occurrence.
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1.3.5.2. Property Damage Insurance with minimum limits of$50,000.00 for
each occurrence.
1.3.5.3. Automobile Liability Insurance for all,owned,non-owned,and hired
vehicles with minimum limits for Bodily Injury of$100,000.00 each E
person,and$300,000.00 for each occurrence,and Property
Damage Minimum limits of$50,000.00 for each occurrence.
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Statutory Worker's Compensation Insurance and minimum
$100,000.00 Employers Liability Insurance.
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1.3.6. Coverage shall be maintained for two years minimum after the termination of the
Contract.
1.4. The City shall be entitled, upon request,and without expense to receive copies of
insurance policies and all endorsements thereto and may make reasonable request for
deletion, revision,or modification of particular policy terms,conditions,limitations,.or
exclusions(except where policy provisions are established by law or regulation binding
either of the parties hereto or the underwriter of any of such policies). Upon such request
by the City,'the Vendor shall exercise reasonable efforts to accomplish such changes in
policy coverage and shall pay the cost thereof. All insurance and bonds shall meet the
requirements of the bid specification and the insurance endorsements stated below.
1.5. Vendor agrees that with respect to the required insurance,all insurance contracts and
cehificate(s)of insurance will contain and state,in writing,on the certificate or its
attachment,the following provisions:
insurance as primary.
1.5.1. Provide for an additional insurance endorsement clause declaring the Vendor's
1.5.2. Name the City and its officers,employees,and elected officials as additional
insured's,(as the interest of each insured may appear)as to all applicable
coverage.
1.5.3. Provide thirty days notice to the City of cancellation,non-renewal, or material
changes
1.5.4. Remove all language on the certificate of insurance indicating:
1.5.4.1. That the insurance company or agent/broker shall endeavor to notify
the City;and,
1.5.4.2. Failure to do so shall impose no obligation of liability of any kind
upon the company, its agents,or representatives.
1.5.5. Provide for notice to the City at the addresses listed below by registered mail:
1.5.6. Vendor agrees to waive subrogation against the City, its officers,employees,
and elected officials for injuries,including death,property damage,or any other
loss to the extent same may be covered by the proceeds of insurance.
1.5.7. Provide that all provisions of this contract concerning liability,duty,and standard
of care together with the indemnification provision,shall be underwritten by
contractual liability coverage sufficient to include such obligations within
applicable policies.
1.5.8. All copies of the Certificate of Insurance shall reference the project name,bid
number or purchase order number for which the insurance is being supplied.
- - -- - - 1,5.9.Vendor-shall-notify-the-C-ity-in the-event-of-MY c angecfii--m coverage and shall
give-such notices not less than thirty days prior notice to the change,which
notice shall be accomplished by a replacement Certificate a Insurance.
1.5.10. All notices shall be mailed to the City at the following addresses:
Assistant City Manager City Attorney
City of Round Rock City of Round Rock I:
221 East Main 309 East Main '
Round Rock,TX 78664-5299 Round Rock,TX 78664
6• WORKERS COMPENSATION-INS TRANCE {
6.1. Texas-Labor Code,Section 406.098 requires workers'compensation insurance coverage'
for all persons providing services on building or construction projects for a governmental
entity.
6.1.1. Certificate of coverage("certificate")-A copy of a certificate of insurance,a certificate of
authority to self-insure issued by the Texas Workers'Compensation
Commission,or a coverage agreement '
TWCC-84),showing statutory workers'compensation ation insurancesver ge for
the person's or entity's employees providing services on a project,for the
duration of the project.
6.1.2. Duration of the project-includes the time from the beginning of the work on the
project until the CONTRACTOR'S/person's work on the project has been
completed and accepted by the OWNER.
6.2. Persons providing services on the project("subcontractor")in Section 406.096-includes
all persons or entities performing all or part of the services the CONTRACTOR has
undertaken to perform on the project,regardless of whether that person contracted
directly with the CONTRACTOR and regardless of whether that person has employees.
This includes,without limitation,independent contractors,subcontractors,leasing
companies,motor carriers,owner-operators, employees of any such entity,or employees
of any entity,which furnishes persons to provide services on the project. "Services"
include,without limitation, providing,hauling,or delivering equipment or materials,or
providing labor,transportation,or other service related to a project. "Services"does not
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include activities unrelated to the project,such as food/beverage vendors,office supply
deliveries;and delivery of portable toilets.
6.3. The CONTRACTOR shall provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any coverage agreements,that meets the
statutory requirements of Texas Labor Code, Section 401.011(44)for all employees of the
CONTRACTOR providing services on the project,for the duration of the project.
6.4. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being
awarded the contract.
6.5. If the coverage period shown on the CONTRACTOR'S current certificate of coverage
ends during the duration of the project,the CONTRACTOR must, prior to the end of the
coverage period,file a new certificate of coverage with the OWNER showing that
coverage has been extended.
6.6. The CONTRACTOR shall obtain from each person providing services on a project,and
provide to the OWNER:
6.6.1. a certificate of coverage,prior to that person beginning work on the project,so
the OWNER will have on file certificates of coverage showing coverage for all
persons providing services on the project;and
6.6.2. no later than seven calendar days after receipt by the CONTRACTOR,a new
certificate of coverage showing extension of coverage, if the coverageperiod
shown on the current certificate of coverage ends during the duration of the
project.
6.7. The CONTRACTOR shall retain all required certificates of coverage for the duration of
the project and for one year thereafter. '
6.8• The CONTRACTOR shall notify the OWNER in writing by certified mail or personal
delivery,within 10 calendar days after the CONTRACTOR knew or should have known,
or any change that materially affects the provision of coverage of any person providing
services on the project.
6.9. The CONTRACTOR shall post on each project site a notice,in the text,form and manner .
prescribed by the Texas Workers'Compensation Commission,informing all persons
providing services on the project that they are required to be covered,and stating how a
person may verify coverage and report lack of coverage. t'
6.10. The CONTRACTOR shall contractually require each person with whom it contracts to
provide services on a project,to:
6.10.1. provide coverage,based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements,that meets the statutory
requirements of Texas Labor Code, Section 401.011(44)for all its employees
providing services on the project,for the duration of the project;
6.10.2. provide to the CONTRACTOR,prior to that person beginning work on the
project, a certificate of coverage showing that coverage is being
employees of the person providing services on a project,for the duration of thel
project;
6.10.3. provide the CONTRACTOR,prior to the end of the coverage period,a new
certificate of coverage showing extension of coverage,if the coverage period
shown on the current certificate of coverage ends during the duration of the
project;
6.10.3.1. obtain from each other person with whom it contracts,and provide to
the CONTRACTOR:
6.10.3.1.1. a certificate of coverage,prior to the other person
beginning work on the project;and
6.10.3.1.2. a new certificate of coverage showing extension of
coverage, prior to the end of the coverage period,if
the coverage period shown on the current certificate
of coverage ends during the duration of the project
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6.10.3.2. retain all required certificates of coverage on file for the duration of
the project and for one year thereafter;
6.10.3.3. notify the OWNER in writing by certified mail or personal delivery,
within 10 calendar days after the person knew or should have
known,of any change that materially affects the provision of
coverage of any person providing services on the project;and
6.10.3.4, contractually require each person with-whom it contracts,to perform
as required by paragraphs(A thru G),with the certificates of
coverage to be provided to the person for whom they are providing
services.
6.10.3.5. By signing the solicitation associated with this specification,or
providing,or causing to be provided a certificate of coverage,the
Contractor is representing to the Owner that all employees of the
Contractor who will provide services on the project will be covered
by workers'compensation coverage for the duration of the project,
that the coverage will be based on proper reporting of classification
codes and payroll amounts,and that all coverage agreements will
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be filed with the appropriate insurance carrier or,in the case of a
self-insured,with the Commission's Division of Self-Insurance
Regulation. Providing false or misleading information may subject
the Contractor to administrative penalties,criminal penalties,civil
penalties,or other civil actions.
6.10.3.6. The Contractor's failure to comply with any of these provisions is a
breach of contract by the Contractor that entitles the Owner to
declare the contract void if the Contractor does not remedy the
breach within ten calendar days after receipt of notice of breach
from the owner.
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1
'f ROUND ROCK,TEXAS Ci Council Agenda Summar Sheet
PURPOSE.PASSION.PROSPERITY.
Agenda Item No. G4.
Consider a resolution authorizing the Mayor to sign an agreement with Pathmark Traffic
Agenda Caption: Products for purchase of sign blanks for street name signs.
Meeting Date: May 10, 2012
Department: Transportation
Staff Person making presentation: Gary Hudder
Transportation Director
Item Summary: 4
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The agreement with Pathmark Traffic Products is for the purchase of aluminum signs of varying lengths, caps, and
brackets for use as street name signs and related services at the cost of$15,815 for this budget year.The contract
with Pathmark is a 36 month agreement, with two (2), one (1)year options.The potential total cost of this contract
could exceed$79,075 during the five year period however the City Council will be advised of each year's
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expenditure.
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Cost: f
$79,075 over a five year period s`
Source of Funds: General Fund
Date of Public Hearing(if required): N/A `
Recommended Action: Approval
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ORIGINAL
DOCUMENTS
CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF
SIGN BLANKS AND MATERIALS FOR STREET NAME SIGNS
WITH PATHMARK TRAFFIC PRODUCTS
THE STATE OF TEXAS §
CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
COUNTY OF TRAVIS §
THIS AGREEMENT (referred to herein as the "Agreement"), is for purchase of aluminum sign
blanks of varying lengths, caps, and brackets for use as street name signs, and related services, and is
made on the day of the month of , 2012, by and between the CITY OF
ROUND ROCK, a Texas home-rule municipali , whose offices are located at 221 East Main Street,
Round Rock, Texas 78664-5299 (referred to herein as "City"), and PATHMARK TRAFFIC
PRODUCTS, whose offices are located at Post Office Box 1066, San Marcos, Texas 78667 (referred to z
herein as "Pathmark" or "Vendor"). This Agreement supersedes and replaces any previous agreements
between the named parties, whether oral or written, and whether or not established by custom and
practice.
RECITALS:
WHEREAS,City has determined that there is a need for the delineated goods and services; and
WHEREAS, City desires to contract for the provision of such goods and services, and City
desires to purchase same from Pathmark; and
WHEREAS,City has issued its "Invitation for Bid"for the provision of said goods and services, i
and City has selected the bid submitted by Pathmark; and
WHEREAS,the parties desire to enter into this Agreement to set forth in writing their respective
rights, duties and obligations hereunder;
NOW,THEREFORE,WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable consideration, the sufficiency and receipt of which are hereby acknowledged, it is mutually
agreed between the parties as follows: E
1.01 DEFINITIONS
A. Agreement means the binding legal contract between City and Pathmark whereby City
is obligated to buy specified goods and Pathmark is obligated to sell same. The Agreement includes the
following: (a) City's Invitation for Bid designated IFB 12-009, Specification Number 801-09 dated
January 2012; (b)Pathmark's Response to IFB; (c)contract award; and(d)any exhibits,addenda, and/or
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amendments thereto. Any inconsistencies or conflicts in the contract documents shall be resolved by
giving preference in the following order:
(1) This Agreement;
(2) Pathmark's Response to IFB;
(3) City's Invitation for Bids, exhibits, and attachments.
B. City means the City of Round Rock, Williamson and Travis Counties,Texas.
C. Effective Date means the date upon which the binding signatures of both parties to this
Agreement are affixed.
D. Force Majeure means acts of God, strikes, lockouts, or other industrial disturbances,
acts of the public enemy, orders of any kind from the government of the United States or the State of
Texas or any civil or military authority, insurrections, riots, epidemics, landslides, lightning,earthquakes,
fires, hurricanes, storms, floods, restraint of the government and the people, civil disturbances,
explosions, or other causes not reasonably within the control of the party claiming such inability.
E. Goods and services mean the specified services, supplies, materials, commodities, or
equipment.
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F. Pathmark or Vendor means Pathmark Traffic Products, or any of its corporate
structures, successors or assigns.
2.01 EFFECTIVE DATE,TERM,ALLOWABLE RENEWALS,PRICES FIRM
This Agreement shall be effective on the date this Agreement has been signed by each party
hereto, and shall remain in full force and effect unless and until it expires by operation of the term
indicated herein,or is terminated or extended as provided herein. t
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The term of this Agreement shall be for three (3) consecutive twelve-month periods from the
effective date hereof. After that term, this Agreement may be extended for two (2) successive twelve-
month periods, under the same terms and conditions, only upon the express written agreement of both
parties, and only provided Vendor has performed each and every contractual obligation specified in this
Agreement.
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Prices shall be firm for the duration of this Agreement and for any extension periods. No
separate line item charges shall be permitted for invoicing purposes, including but not limited to
equipment rental, demurrage, costs associated with obtaining permits, or any other extraneous charges.
City may permit "unit price" adjustments upwards only as a result of a cost increase in
accordance with the Producers Price Index for Aluminum Mill Shapes (WPU102501), latest month, at
http://www.bls.Rov/xiz shells/ro4xgppihihtm. Any price increase shall be requested by Vendor in
writing and accompanied by the appropriate documentation to justify the requested increase, and shall
conform to allowable percentage changes and to all requirements delineated in IFB Solicitation Number
12-009, Specification Number 801-09, dated January 2012, attached hereto as Exhibit "A" and
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incorporated herein by reference for all appropriate purposes.Vendor may offer price decreases in excess
of the allowable percentage change at any time.
City reserves the right to review the relationship at any time, and may elect to terminate with or
without cause or may elect to continue.
3.01 CONTRACT DOCUMENTS AND EXHIBITS
City selected Pathmark to supply the goods as outlined in IFB 12-009, Specification Number
801-09 dated January 2012, and Response to IFB submitted by Pathmark, 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 Pathmark in
its Response to the IFB.
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The goods which are the subject matter of this Agreement are described in Exhibit "A" and,
together with this Agreement, comprise the total Agreement and they are fully a part of this Agreement
as if repeated herein in full.
4.01 ITEMS AWARDED; COSTS
Only if, as, and when needed by City, items are awarded to Pathmark in accordance with bid
items shown on Exhibit"A."
Pathmark specifically acknowledges and agrees that City is not obligated to use or purchase any
estimated annual quantity of goods. Only if, as, and when needed by City,the bid costs listed on Exhibit
"A"shall be the basis of any charges collected by Pathmark.
5.01 INVOICES '
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All invoices shall include, at a minimum,the following information:
A. Name and address of Pathmark;
B. Purchase Order Number;
C. Description and quantity of items received; and €
D. Delivery dates.
6.01 INTERLOCAL COOPERATIVE CONTRACTING/PURCHASING
Authority for local governments to contract with one another to perform certain governmental
functions and services, including but not limited to purchasing functions, is granted under Government
Code, Title 7, Chapter 791, Interlocal Cooperation Contracts, Subchapter B and Subchapter C, and Local i
Government Code,Title 8, Chapter 271, Subchapter F, Section 27 1.101 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
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of Round Rock is not obligated or liable for any action or debts that may arise out of such independently-
negotiated"piggyback"procurements.
7.01 NON-APPROPRIATION AND FISCAL FUNDING
This Agreement is a commitment of City's current revenues only. It is understood and agreed
that City shall have the right to terminate this Agreement at the end of any City fiscal year if the
governing body of City does not appropriate funds sufficient to purchase the services as determined by
City's budget for the fiscal year in question. City may effect such termination by giving Vendor a written
notice of termination at the end of its then-current fiscal year.
8.01 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be made
by City to Vendor will be made within thirty (30) days of the date City receives goods under this
Agreement, the date the performance of the services under this Agreement are completed, or the date
City receives a correct invoice for the goods or services, whichever is later. Vendor may charge interest
on an overdue payment at the "rate in effect" on September 1 of the fiscal year in which the payment
becomes overdue, in accordance with V.T.C.A., Texas Government Code, Section 2251.025(b). This
Prompt Payment Policy does not apply to payments made by City if:
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A. There is a bona fide dispute between City and Vendor, a contractor, subcontractor, or
supplier about goods delivered or the service performed that causes the payment to be late; or
B. There is a bona fide dispute between Vendor and a subcontractor or between a
subcontractor and its supplier about the goods delivered or the service performed that causes the payment
to be late; or
C. The terms of a federal contract, grant, regulation, or statute prevent City from making a
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timely payment with federal funds; or
D. The invoice is not mailed to City in strict accordance with any instruction on the purchase '
order relating to the payment. t:
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9.01 GRATUITIES AND BRIBES
City may, by written notice to Vendor, cancel this Agreement without incurring any liability to
Vendor if it is determined by City that gratuities or bribes in the form of entertainment, gifts, or
otherwise were offered or given by Vendor or its agents or representatives to any City officer, employee g'
or elected representative with respect to the performance of this Agreement. In addition, Vendor may be
subject to penalties stated in Title 8 of the Texas Penal Code.
10.01 TAXES
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City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be included in
Vendor's charges. >
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11.01 ORDERS PLACED WITH ALTERNATE VENDORS
If Vendor cannot provide the goods as specified, City reserves the right and option to obtain
same from another source or supplier(s).
12.01 INSURANCE
Vendor shall meet all requirements as stated in the attached Invitation for Bid IFB 12-009
(including all attachments and exhibits),and its bid response.
13.01 CITY'S REPRESENTATIVE
City hereby designates the following representative(s) authorized to act in its behalf with regard
to this Agreement:
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David Walther, Traffic Operations Superintendent
City of Round Rock Public Works Department
2015 Lamar
Round Rock, TX 78664
512-218-5570
512-801-4483 cell
davidw@roundrocktexas.gov
14.01 RIGHT TO ASSURANCE
Whenever either party to this Agreement, in good faith, has reason to question the other party's '
intent to perform hereunder, then demand may be made to the other party for written assurance of the >
intent to perform. In the event that no written assurance is given within the 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.
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15.01 DEFAULT
If Vendor abandons or defaults hereunder and is a cause of City purchasing the specified services
elsewhere, Vendor agrees that it will not be considered in the re-advertisement of the service and that it
may not be considered in future bids for the same type of work unless the scope of work is significantly
changed. Vendor shall be declared in default of this Agreement if it does any of the following:
A. Fails to make any payment in full when due;
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B. Fails to fully,timely and faithfully perform any of its material obligations hereunder;
C. Fails to provide adequate assurance of performance under the "Right to Assurance" #
section herein; or
D. Becomes insolvent or seeks relief under the bankruptcy laws of the United States..
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16.01 TERMINATION AND SUSPENSION
A. City has the right to terminate this Agreement, in whole or in part, for convenience and
without cause,at any time upon thirty(30)days' written notice to Vendor.
B. In the event of any default by Vendor, City has the right to terminate this Agreement for
cause, upon ten(10)days' written notice to Vendor.
C. Vendor has the right to terminate this Agreement only for cause, in the event of material
and substantial breach by City, or by written mutual agreement to terminate.
D. In the event City terminates under subsections (A) or (B) of this section, the following
shall apply: Upon City's delivery of the referenced notice to Vendor, Vendor shall discontinue all
services in connection with the performance of this Agreement and shall proceed to cancel promptly all
existing orders and contracts insofar as such orders and contracts are chargeable to this Agreement.
Within thirty (30) days after notice of termination, Vendor shall submit a statement detailing the goods
and/or services satisfactorily performed under this Agreement to the date of termination. City shall then
pay Vendor that portion of the charges, if undisputed. The parties agree that Vendor is not entitled to
compensation for services it would have performed under the remaining term of the Agreement except as
provided herein.
17.01 INDEMNIFICATION
Vendor shall defend (at the option of City), indemnify, and hold City, its successors, assigns, t
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
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of, or incident to, concerning or resulting from the fault of Vendor, or Vendor's agents, employees or {
subcontractors, in the performance of Vendor's obligations under this Agreement, no matter how, or to
whom, such loss may occur. Nothing herein shall be deemed to limit the rights of City or Vendor
(including, but not limited to the right to seek contribution) against any third party who may be liable for
an indemnified claim.
18.01 COMPLIANCE WITH LAWS,CHARTER AND ORDINANCES
Vendor, its agents, employees and subcontractors shall use best efforts to comply with all federal
and state laws, City's Charter and Ordinances, as amended, and with all applicable rules and regulations
promulgated by local, state and national boards, bureaus and agencies.
19.01 ASSIGNMENT AND DELEGATION s
The parties hereby bind themselves, their successors, assigns and legal representatives to each
other with respect to the terms of this Agreement. Neither party shall assign, sublet or transfer any
interest in this Agreement without prior written authorization of the other party.
20.01 NOTICES
All notices and other communications in connection with this Agreement shall be in writing and
shall be considered given as follows:
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A. When delivered personally to recipient's address as stated in this Agreement; or
B. Three (3) days after being deposited in the United States mail, with postage prepaid to
the recipient's address as stated in this Agreement.
Notice to Vendor:
Pathmark Traffic Products
Post Office Box 1066
San Marcos, TX 78667
Notice to City:
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Assistant City Manager Stephen L. Sheets, City Attorney
221 East Main Street AND TO: 309 East Main Street
Round Rock,TX 78664 Round Rock, TX 78664
Nothing contained herein shall be construed to restrict the transmission of routine 4
communications between representatives of City and Vendor.
21.01 APPLICABLE LAW; ENFORCEMENT AND VENUE
This Agreement shall be enforceable in Round Rock, Texas, and if legal action is necessary by
either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive
venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and s
construed in accordance with the laws and court decisions of the State of Texas. a
22.01 EXCLUSIVE AGREEMENT
This document, and all appended documents, constitutes the entire Agreement between City and
Vendor. This Agreement may only be amended or supplemented by mutual agreement of the parties '
hereto in writing, duly authorized by action of the City Manager or City Council.
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23.01 DISPUTE RESOLUTION
If a dispute or claim arises under this Agreement, the parties agree to first try to resolve the
dispute or claim by appropriate internal means, including referral to each party's senior management. If
the parties cannot reach a mutually satisfactory resolution, then and in that event any such dispute or
claim will be sought to be resolved with the help of a mutually selected mediator. If the parties cannot k
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. j
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.
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24.01 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion or provision of this Agreement void shall in no way affect
the validity or enforceability of any other portion or provision of this Agreement. Any such void
provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be
construed and enforced as if this Agreement did not contain the particular portion or provision held to be
void. The parties further agree to amend this Agreement to replace any stricken provision with a valid
provision that comes as close as possible to the intent of the stricken provision. The provisions hereof
shall not prevent this entire Agreement from being void should a provision that is of the essence of this
Agreement be determined to be void.
25.01 MISCELLANEOUS PROVISIONS
Standard of Care. Vendor represents that it employs trained, experienced and competent `
persons to perform all of the services, responsibilities and duties specified herein and that such services, x'
responsibilities and duties shall be performed in a manner according to generally accepted industry
practices.
Time is of the Essence. Vendor understands and agrees that time is of the essence and that any
failure of Vendor to fulfill obligations for each portion of this Agreement within the agreed timeframes
will constitute a material breach of this Agreement. Vendor shall be fully responsible for its delays or for
failures to use best efforts in accordance with the terms of this Agreement. Where damage is caused to
City due to Vendor's failure to perform in these circumstances, City may pursue any remedy available
without waiver of any of City's additional legal rights or remedies.
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 i
constitute one and the same instrument.
IN WITNESS WHEREOF, City and Pathmark have executed this Agreement on the dates
indicated.
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City of Round Rock,Texas Pathmark Traffic Products
By:
PrinIN= By: c " '-
5 Prin Nam osTitlTite: ��� , ;,���,Date Date Signed:
For City,Attest: For
City, roved as o Form:
iiBy: By:
Sara hite,City Clerk Sheets,City Attorney
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SOLICITATION NUMBER
12-009
SPECIFICATION NUMBER
801-09
DATED: JANUARY 2012
CITY OF ROUND ROCK PURCHASING DEPARTMENT
221 E.Main Street
Round Rock,Texas 78664-5299
Solicitation Information:
Responses are due to the Purchasing Department Aluminum Sign Blanks
at the above address by 3:00 PM,February 7,2011. Solicitation Number 12-009
Opening Date:
217/11
Opening Time: 3:00 PM
Show solicitation opening date&solicitation number in lower left Response Location:
hand comer of sealed response envelope with return address of Purchasing Division
responding firm. 221 E.Main Street
Round Rock,TX 78664
Facsimile responses shall not be accepted Return signed one(1)original and three(3)copies of response.
Respondent shall sign below
INVOICE TO: Failure to 'gn resp se will disqualify response
CITY OF ROUND ROCK
ACCOUNTS PAYABLE
221 EAST MAIN STREETAuthorized Sign ure Date
ROUND ROCK,TEXAS 78664-5299
lArO� Y',E,2Ez_ `
Print Name
Respond F.O.B.Destination,Freight prepaid and allowed unless
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otherwise specified below
SEE 1.7 OF SOLICITATION INSTRUCTIONS
DESTINATION: TAX ID NO.:
CITY OF ROUND ROCK o26/ O
TRAFFIC SIGNALS AND SIGNS LEGAL BUSINESS NAM • �'
2015 LAMAR DRIVE 5i9 Sic "P�Vo:-�uz�
ROUND ROCK,TX 78664 ADDRESS: - �04� w -77
CONTACT: Z
"By the signature hereon affixed,the respondent
hereby certifies that neither the respondent nor the TELEPHONE NO:
entity represented by the respondent,or anyone acting
for such entity has violated the antitrust laws of this BUSINESS ENTITY TYPE:
State,codified In Section 15.01 et seq.,Texas ti r "� Sid
Business and Commerce Code,or the Federal
antitrust laws,nor communicated directly or indirectly, s
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.
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Estimated
Item Unit of Price Per Annual
# Item Description Measure Unit Quantity Total Price
1 Aluminum Sign Blanks 24 Inches x 9 Inches EACHIF V 100
2 Aluminum Sign Blanks 30 Inches x 9 Inches EACH Zoo .2 WOO
3 Aluminum Sign Blanks 36 Inches x 9 Inches EACH
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4 Aluminum Sign Blanks 42 Inches x 9 Inches EACH Al Zoo ���,Go kt
5 Aluminum Sign Blanks 48 Inches x 9 Inches EACH f
1,/9 100
6 Cap(Per Attachment C) EACH 0
300 .0/33,(rJ
7 Bracket(Per Attachment D) EACH /( 300 .2/33. OCD
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_ TOTAL / '4/,S.eo
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EA
IBIT
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SOLICITATION NUMBER
12-009
SPECIFICATION NUMBER
12-801-09
DATED: JANUARY 2012
ATTACHMENT A
RESPONDENT'S REFERENCE SHEET
PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE
SOLICITATION NUMBER: C50
RESPONDENT'S
RESPONDENT'S NAME:�.�rr/.arzd � aNa3 DATE:
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
Name of Contact
Title of Contact s
�11,'�EtC fri SG,�
E-Mail Address Age-15i.
Present Address
City,State,Zip Code
Telephone Number (SZ ) Srcf3 ��� /t7Fax Number:( moi� ) yy�7 jjjs-
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VQ. Company's Name
Name of Contact
EfJ.�4Y.ub FTft.aN$l=tL
Title of Contact
E-Mail Address
Present Address
City,State,Zip Code
d
Telephone Number (Sj ) —/ 933- Fax Number:
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V/3. Company's Name
Name of Contact
Title of Contact � t
E-Mail Address 6�//' rc►y;.tsn..Q 4Bd►�rt�u .._., �+,.�
Present Address
City,State,Zip Code
Telephone Number ( /Z) y3cy /J�i' Fax Number:
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FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY
AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD.
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SOLICITATION NUMBER
12-009
SPECIFICATION NUMBER
801-09
DATED: JANUARY 2012
CITY OF ROUND ROCK
INVITATION FOR BID
ALUMINUM SIGN BLANKS, CAPS AND BRACKETS
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", for the purchase and delivery of Aluminum Sign Blanks of
varying lengths, Caps and Brackets for use as the City's street name signs.
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
http://www.roundrocktexas.gov/home/index.asp?paqe=463.
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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.gov/home/index.asp?page=463.
4. CLARIFICATION: For questions or clarification of specifications, you may contact:
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Joy Baggett
Purchasing Department
City of Round Rock
Telephone: (512)218-6682
j baggettA-round-rock.tx.us
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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. ATTACHMENTS: The following attachments are herein made a part of this solicitation.
5.1. ATTACHMENT A: Reference sheet.
5.2. ATTACHMENT B: Texas Department of Transportation (TxDOT) Departmental Materials Specification (DMS)
8300 Sign Face Materials
5.3. ATTACHMENT C: Hall Signs Catalogue item#12-CRF Ultra Supr-LokTM Cap specification.
5.4. ATTACHMENT D: Hall Signs Catalogue item#1238F Ultra Supr-LokTm Cap specification.
6. QUALIFICATIONS: The opening of a response shall not be construed as the City's acceptance of such as qualified
and responsive. All Respondents shall:
6.1. Be firms, corporations, individuals or partnerships normally engaged in the sale and distribution of commodity }
or provision of the services as specified herein.
6.2. Have adequate organization, facilities, equipment and personnel to ensure prompt and efficient service to the
City. s
6.3. 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 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.
6.4. 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
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SOLICITATION NUMBER
12-009
SPECIFICATION NUMBER
801-09
DATED: JANUARY 2012
references are not applicable. References may be checked prior to award. Any negative responses received
may result in disqualification of submittal. NOTE: REFERENCE FORM(ATTACHMENT A) PROVIDED. E-
MAIL ADDRESSES ARE REQUIRED.
7. 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:
7.1. The purchase price;
7.2. The reputation of Respondent and of respondent's goods or services;
7.3. The quality of the Respondent's goods or services;
7.4. The extent to which the goods and services meet the City's needs;
7.5. The Respondent's past relationship with the City;
7.6. The total long-term cost to the City to acquire the Respondent's goods or services;
7.7. Any relevant criteria specifically listed in the solicitation.
7.8. 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.
8. AGREEMENT TERM: The terms of the awarded agreement shall:
8.1. The initial term of the resulting agreement shall be three(3)consecutive twelve(12) month periods from the
effective date. The agreement may be renewed for two (2)additional periods of time, not to exceed twelve 4
(12) months each, provided both parties agree in writing.
8.2. The City reserves the right to review the respondents' performance at the end of each twelve(12)month
period and cancel all or part of the agreement(s)or continue the agreement(s)through the next period. r
9. PRICE INCREASE OR DECREASE:A price increase or decrease to the agreement may be considered based on
the following:
9.1. The City may permit"unit price"adjustments upwardly or downwardly when correlated with the price index
specified herein. Price adjustments for each renewal and extension periods will be based on the Producer
Price Index for Aluminum Mill Shapes(WPU102601), latest month
http://www.bls.gov/xq shells/ro4)(qppihi.htm.
9.2. The baseline index shall be the index announced for the month in which the solicitation was awarded.
9.2.1. The allowable percent change shall be calculated by subtracting the baseline index from the index
announced for the month in which the renewal option is exercised and dividing the result by the
baseline index. s"
9.2.1.1. A=Baseline index from the month in which the solicitations opened or the month of the last
approved price increase.
9.2.1.2. B=Current and/or latest baseline index.
9.2.1.3. "B" minus"A",then divided by"A". Multiply sum by 100% equals the percent of the
allowable price increase or decrease, "C".
C = [( B—A ) = A] x100 %
9.2.2. The allowable percent change shall be rounded to the nearest one-hundredth of one percent and
shall be the maximum unit price adjustment permitted, except that the vendor may offer price
decreases in excess of the allowable percent change.
9.3. Price increase cannot exceed 25%for the total cost and term of the agreement.
9.4. PROCEDURE TO REQUEST INCREASE OR OFFER DECREASE.
9.4.1. Mail the price increase request to the designated City Contract Specialist a minimum of 120 days F
prior to each renewal period. Vendor shall supply supporting documentation as justification for each 5
request.
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SOLICITATION NUMBER
12-009
SPECIFICATION NUMBER
801-09
DATED: JANUARY 2012
City of Round Rock
Purchasing Department
ATTN: Contract Specialist
221 E. Main Street
Round Rock, Texas 78664-5299
9.4.2. Upon receipt of the request, the City reserves the right to either: accept the escalation as supported
by the appropriate price index and make change to the purchase order within 30 days of the request,
negotiate with the vendor or cancel the purchase order if an agreement cannot be reached on the
value of the increase.
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10. 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://www.roundrocktexas.qov/home/index asp?page=463.
11. ACCEPTANCE:Acceptance inspection should not take more than ten (10)working days. The vendor will be
notified within this time frame if the goods delivered are not in full compliance with the specifications. If any
agreement or purchase order is canceled for non-acceptance,the needed good may be purchased elsewhere and
the vendor may be charged full increase, if any, in cost and handling.
12. PROMPT PAYMENT POLICY: Payments will be made in accordance with the Texas Prompt Payment Law, Texas
Government Code, Subtitle F, Chapter 2251. The City will pay Vendor within thirty days after the acceptance of the
supplies, materials, equipment, or the day on which the performance of services was completed or the day, on
which the City receives a correct invoice for the supplies, materials, equipment or services,whichever is later. The
Vendor may charge a late fee(fee shall not be greater than that which is permitted by Texas law)for payments not
made in accordance with this prompt payment policy; however, this policy does not apply to payments made by the
City in the event:
12.1. There is a bona fide dispute between the City and Vendor concerning the supplies, materials, services or
equipment delivered or the services performed that causes the payment to be late; or
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12.2. The terms of a federal agreement, grant, regulation, or statute prevent the City from making a timely
payment with Federal Funds; or
12.3. There is a bona fide dispute between the Vendor and a subcontractor or between a subcontractor and its
suppliers concerning supplies, material, or equipment delivered or the services performed which caused the
payment to be late; or i
12.4. The invoice is not mailed to the City in strict accordance with instructions, if any, on the purchase order or
agreement or other such contractual agreement.
PART II
m
SCHEDULE
1. SOLICITATION SCHEDULE: It is the City's intention to comply with the following solicitation timeline:
1.1. Solicitation released January 13, 2012
1.2.. Deadline for questions January 24, 2012
1.3. City responses to all questions or addendums January 27, 2012
1.4. Responses for solicitation due by 3:00 PM February 7, 2012
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
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SOLICITATION NUMBER
12-009
SPECIFICATION NUMBER
801-09
DATED: JANUARY 2012
questions shall be posted on our webpage, hftp://www.roundrocktexas.qOv/home/index.asp?paqe=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.
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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
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.
3.3. Product sheet(s)containing proof of compliance with TxDOT and other specifications contained herein.
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4. POST AWARD MEETING: The City and Respondent shall have a post award meeting to discuss, but not be limited
to the following:
4.1. Provide City contact(s) information for implementation of agreement.
4.2. Agreement terms and conditions. x
PART III
SPECIFICATIONS—SIGN BLANKS
1. SCOPE OF WORK: To provide the City with Aluminum Sign Blanks of varying lengths for street name signs.
2. COMPLIANCE: The bidder agrees that the sign blanks shall comply with any and all applicable state, federal, and
local statutes, ordinances, and regulations.
2.1. Goods shall specifically comply with Texas Department of Transportation(TxDOT)material specifications,
DMS-8300 Sign Face Materials, herein ATTACHMENT B.
ftp://ftp.dot.state.tx.us/pub/txdot-info/cst/DMS/8000 series/archives/8300-0109 pdf
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2.2. Goods shall comply with required US Bureau of Public Roads Standards.
2.3. Goods shall comply with ASTM 8499 Standard.
http://www.astm.org/Standards/6499 htm
3. SIGN THICKNESS: Sign blanks shall be flat with a .080 gauge anodized.
4. SIGN FINISHING: Sign finishing shall include, but not be limited to the following:
f"
4.1. White sheeting on both sides of sign with 3M High Intensity Grade Prismatic Reflective Sheeting or it's
equilavent.
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SOLICITATION NUMBER
12-009
SPECIFICATION NUMBER
801-09
DATED: JANUARY 2012
4.2. Sign corners shall be rounded.
4.3. No holes shall be permitted in sign blanks.
4.4. No burrs and sharp edges shall be permitted on sign blanks.
5. PRICING: Pricing indicated in the bid form shall be all inclusive of all labor, equipment,freight and fees necessary
to provide and deliver goods specified herein.
6. ORDER QUANTITY: The quantities shown on the solicitation are estimates only. No guarantee of any minimum or
maximum volume is made or implied. The City shall only order the services needed to satisfy operating
requirements within budgetary constraints, which may be more or less than indicated.
7. GOODS: The products furnished under said specification shall be the latest improved model in current production,
as offered to commercial trade, and shall be of quality workmanship and material. The Vendor represents that all
equipment offered under said specification shall be new. USED,SHOPWORN, DEMONSTRATOR, PROTOTYPE,
OR DISCONTINUED MODELS ARE NOT ACCEPTABLE.
8. DELIVERY LOCATION: Goods shall be delivered to:
City of Round Rock Traffic Signals and Signs
2015 Lamar Drive
Round Rock, TX 78664
9. RESPONDENT PRODUCT SAMPLES: Respondent product samples may be requested by the City to facilitate
the evaluation process, especially if bidding an alternate product as an equivalent.
9.1. If requested, samples shall be submitted for delivery to City no later than 72 hours from receipt of request.
9.2. The Respondent name, solicitation number, product name shall be clearly marked on samples. k
9.3. Samples shall be shipped at Respondent's expense.
9.4. Respondents requesting samples returned shall include, with the sample, a pre-paid shipping label, or UPS ='
account information.
PART IV
SPECIFICATIONS—CAPS AND BRACKETS
10. SCOPE OF WORK: To provide the City with Caps and Cross Sign Brackets for use as the City's street name signs.
11. PURPOSE: Caps and brackets shall be used to secure and provide mounting support for the signs specified
herein.
12. PRODUCT EXAMPLE: Any example shown is listed to show type and class of equipment desired. All product
types and manufacturers will be considered provided they meet the minimum requirements detailed herein.
13. CAP AND BRACKET SIZING: The following sizing specifications shall be required:
13.1. Caps and brackets shall have 12 inch long blade holders.
13.2. Caps and brackets shall support signage specified herein.
13.3. Caps shall fit 2 3/8 inch outside diameter round posts.
13.4. Cap and brackets shall provide cadmium plated screw sets to secure sign to bracket.
13.5. Caps shall be equivalent to Hall Signs Catalogue item#1238F Ultra Supr-LokT"' Cap. Herein shown as
ATTACHMENT C.
http://store.hallsigns.com/products/installation/brackets/street/l238F htm
13.6. Cross brackets shall be equivalent to Hall Signs Catalogue item#12-CRF Ultra Supr-LokM Cap. Herein
shown as ATTACHMENT D.
http://store.hallsions.com/Droducts/installation/brackets/streeYl2-CRF htm
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SOLICITATION NUMBER
12-009
SPECIFICATION NUMBER
801-09
DATED: JANUARY 2012
14. PRICING: Pricing indicated in the bid form shall be all inclusive of all labor, equipment, freight and fees necessary
to provide and deliver goods specified herein.
15. ORDER QUANTITY: The quantities shown on the solicitation are estimates only. No guarantee of any minimum or
maximum volume is made or implied. The City shall only order the services needed to satisfy operating
requirements within budgetary constraints,which may be more or less than indicated.
16. GOODS: The products furnished under said specification shall be the latest improved model in current production,
as offered to commercial trade, and shall be of quality workmanship and material. The Vendor represents that all }
equipment offered under said specification shall be new. USED, SHOPWORN, DEMONSTRATOR, PROTOTYPE,
OR DISCONTINUED MODELS ARE NOT ACCEPTABLE.
17. DELIVERY LOCATION: Goods shall be delivered to:
City of Round Rock Traffic Signals and Signs
2015 Lamar Drive
Round Rock, TX 78664
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18. RESPONDENT PRODUCT SAMPLES: Respondent product samples may be requested by the City to facilitate
the evaluation process, especially if bidding an alternate product as an equivalent.
18.1. If requested, samples shall be submitted for delivery to City no later than 72 hours from receipt of request.
18.2. The Respondent name, solicitation number, product name shall be clearly marked on samples.
18.3. Samples shall be shipped at Respondent's expense.
18.4. Respondents requesting samples returned must include, with the sample, a pre-paid shipping label, or UPS
account information.
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SOLICITATION NUMBER
12-009
SPECIFICATION NUMBER
801-09
DATED: JANUARY 2012
CITY OF ROUND ROCK PURCHASING DEPARTMENT
221 E. Main Street
Round Rock,Texas 78664-5299
Solicitation Information:
Responses are due to the Purchasing Department Aluminum Sign Blanks
at the above address by 3:00 PM,February 7,2011. Solicitation Number 12-009
Opening Date: 2/7/11
Opening Time: 3:00 PM
Response Location:
Show solicitation opening date&solicitation number in lower left Purchasing Division
hand corner of sealed response envelope with return address of 221 E.Main Street
responding firm. Round Rock,TX 78664
Facsimile responses shall not be accepted Return signed one(1)original and three(3)copies of response.
Respondent shall sign below
INVOICE TO: Failure to sign response will disqualify response
CITY OF ROUND ROCK
ACCOUNTS PAYABLE
221 EAST MAIN STREET Authorized Signature Date f
ROUND ROCK,TEXAS 78664-5299
Print Name
Respond F.O.B.Destination,Freight prepaid and allowed unless
otherwise specified below
SEE 1.7 OF SOLICITATION INSTRUCTIONS
DESTINATION: TAX ID NO.:
CITY OF ROUND ROCK
TRAFFIC SIGNALS AND SIGNS LEGAL BUSINESS NAME:
2015 LAMAR DRIVE
ROUND ROCK,TX 78664 ADDRESS:
4
CONTACT:
"By the signature hereon affixed,the respondent
hereby certifies that neither the respondent nor the TELEPHONE NO:
entity represented by the respondent,or anyone acting f'
for such entity has violated the antitrust laws of this BUSINESS ENTITY TYPE:
State,codified in Section 15.01 et seq.,Texas
Business and Commerce Code,or the Federal E-MAIL:
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.
Estimated
Item Unit of Price Per Annual s
# Item Description Measure Unit Quantity Total Price
1 Aluminum Sign Blanks 24 Inches x 9 Inches EACH 100
2 Aluminum Sign Blanks 30 Inches x 9 Inches EACH zoo
3 Aluminum Sign Blanks 36 Inches x 9 Inches EACH 200
z
4 Aluminum Sign Blanks 42 Inches x 9 Inches EACH
200
5 Aluminum Sign Blanks 48 Inches x 9 Inches EACH
100
6 Cap(Per Attachment C) EACH 300
7 Bracket(Per Attachment D) EACH 300
TOTAL
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SOLICITATION NUMBER
12-009
SPECIFICATION NUMBER
801-09
DATED: JANUARY 2012
SOLICITATION INSTRUCTIONS
ITEMS BELOW APPLY TO AND BECOME A PART OF TERMS AND CONDITIONS OF SOLICITATION
ANY EXCEPTIONS THERETO MUST BE IN WRITING
1. SOLICITATION REQUIREMENTS:
1.1 Responding requires pricing per unit shown and extensions. If trade discount is shown on solicitation, it should be deducted and net line extensions shown.
Respondents guarantees product offered will meet or exceed specifications;identified in this Invitation For Bid(IFB).
1.2 Solicitations shall be submitted on Solicitation Sheet. Each response shall be placed in a separate envelope completely and properly identified. Responses must be in
the Purchasing Department before the hour and date specified on the solicitation.
1.3 Late responses properly identified will be returned to respondent unopened. Late responses will not be considered.
1.4 Respond F.O.B.destination,freight,prepaid,8 allowed unless otherwise specked on the solicitation. If otherwise,show exact cost to deliver.
1.5 Response shall show unit price on quantity and unit of measure specified,extension and show total. In case of errors in extension,unit prices shall govern. Responses
subject to unlimited price increase will not be considered.
1.6 Submitted prices shall be firm for acceptance 30 days from solicitation opening date. "Discount from List"responses are not acceptance unless requested. Cash
discount will not be considered in determining the low response. All cash discounts offered will be taken if earned.
1.7 Responses shall give Tax Identification Number,full name and address of respondent Failure to sign will disqualify response. Person signing response shall show title
and authority to bind signatories firm in an agreement Firm name should appear on each page in the block provided in the upper right comer. Business Entity shall be
one(1)of the following:Individual,Partnership,Sole Proprietorship,Estate(Trust,Corporation,Governmental.Non-profit,all others shall be specified. INDIVIDUAL:List
name and number as shown on Social Security Card. SOLE PROPRIETORSHIP:List legal name followed by legal business name and Social Security Number. ALL
OTHERS:List legal name of entity and Tax Identification Number(TIN).
1.8 Responses cannot be altered or amended after opening time. Any Alterations made before opening time shall be initialed by respondent or an authorized agent No
response can be withdrawn after opening time without approval of the CITY based on a written acceptable reason.
1.9 The City is exempt from State Sales Tax and Federal Excise Tax Do not include tax in response.
1.10 The City reserves the right to accept or reject all or any part of response,waive minor technicalities and award the response to best serve the interests of the City.Split
awards may be made at the sole discretion of the City.
1.11 Consistent and continued be responses could cause rejection of responses by the City and/or investigation for antitrust violations.
1.12 Telephone,facsimile,and electronically transmitted responses are not acceptable in response to the solicitation.
1.13 CAUTION:Solicitation invitation allows sufficient time for receipt of the preferred mail response. The City shall not be responsible for responses received late,illegible,
incomplete,or otherwise non-responsive.
2. SPECIFICATION:
2.1 Any catalog, brand name or manufacturer's reference used in the solicitation is descriptive only(not restrictive), and is used to indicate type and quality desired.
Responses on brands of like nature and quality will be considered unless advertised under the provisions of Section 252.022 of the Texas Local Government Code, 9
other than brand(s)specified is offered,illustrations and complete descriptions of product offered are requested to be made a part of the response. If respondent takes
no exceptions to specifications or reference data in response,respondent will be required to furnish brand names,numbers,etc.,as specified in the solicitation.
2.2 All items on the solicitation shall be new,in first class condition,including containers suitable for shipment and storage,unless otherwise indicated in the solicitation.
Verbal agreements to the contrary will not be recognized.
2.3 Samples,when requested, must be fumished free of expense to the City. If not destroyed in examination,they will be returned to the respondent,on request,at
respondent expense. Each example should be marked with respondents'name and address,City solicitation number and code. Do not enclose in or attach to response.
2.4 The City will not be bound by any oral statement or representation contrary to the written specifications of the solicitation.
2.5 Manufacturers standard warranty shall apply unless otherwise stated in the solicitation.
3. TIE RESPONSES: In case of be responses,the award will be made in accordance with Section 271.901 of the Texas Local Government Code.
4. DELIVERY:
4.1 Response shall 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 response to be disregarded. Consistent failure to meet
delivery promises without valid reason may cause removal from Vendor list(See 4.2 following.)
4.2 If delay is foreseen,Vendor shall give written notice to the City. The City has the right to extend delivery date if reasons appear valid. Vendor shall keep the City advised
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at all times of status of order. Default in promised delivery(without acceptable reasons)or failure to meet specifications,authorizes the City to purchase supplies
elsewhere and charge full increase,if any,in cost and handling to defaulting Vendor.
4.3 No substitutions or cancellations permitted without written approval of the City.
4.4 Delivery shall be made during normal working hours only, unless prior approval for late delivery has been obtained from the City,unless otherwise specked in the ?'
solicitation.
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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 suppliers place of business for the purpose of inspecting merchandise. Tests may be performed on samples submitted with the response or on samples taken k
from regular shipments. If the products tested fail to meet or exceed all conditions and requirements of the specifications,the cost of the sample used and the cost of the
testing shall be bome by the supplier. Goods,which have been delivered and rejected in whole or in part,may,at the City's option,be returned to the Vendor or held for .
disposition at Vendors risk and expense. Latent defects may result in revocation of acceptance.
6. AWARD OF AGREEMENT: A response to a solicitation is an offer to contract with the City based upon the terms,conditions,and specifications contained in the solicitation.
Responses do not become agreements or purchase orders unless and until they are accepted by the City through its designates and an agreement or a purchase order is
issued. The agreement or purchase order shall be governed,construed,and interpreted under the Charter of the City and the laws of State of Texas. All agreements or
purchase orders are subject to the approval of the City Council or Manager.
7. PAYMENT: Vendor shall submit three(3)copies of an invoice showing the agreement or purchase order number on all copies.
8. PATENTS AND COPYRIGHTS: The Respondent agrees to protect the City from claims involving infringements of patents or copyrights.
9. RESPONDENT ASSIGNMENTS: Respondent hereby assigns to the purchaser any and all claims for overcharges associated with this agreement,which arise under the
antitrust laws of the State of Texas.TX,Bus.And Comm.Code Ann.Sec.15.01,at seq.(1967).
10. RESPONDENT AFFIRMATION:
10.1 Signing the response with a false statement is a material breach of agreement and shall void the submitted response or any resulting agreements,and the Respondent
shall be removed from all Vendor lists. 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,
tip,favor,or service to a public servant in connection with the submitted response.
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 fine,corporation,or entity has
violated the antitrust laws of this State codified in Section 15.01 at.Seq.Texas Business and Commercial 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.
10.5 The respondent has not received compensation for participation in the preparation of the specification for the solicitation.
11. NOTE TO RESPONDENTS: Any terms and conditions attached to response will not be considered unless the respondent specifically references them on the front of the
response form. WARNING:Such terms and conditions may result in disqualification of the response(e.g.responses with the laws of a state other than Texas requirements for
prepayment,Limitations on remedies,etc.) The City of Round Rock can only accept responses which contain all the terms and conditions of its formal solicitation;in particular,
all respondents'affirmations and certifications must be included. Submission of responses on forms other than City's form may result in disqualification of your response.
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SOLICITATION NUMBER
12-009
SPECIFICATION NUMBER
801-09
DATED: JANUARY 2012
12. INQUIRIES: Inquiries pertaining to Solicitation invitations must give Solicitation number,codes,and opening date.
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SOLICITATION NUMBER
12-009
SPECIFICATION NUMBER
12-801-09
DATED: JANUARY 2012
ATTACHMENT A
RESPONDENT'S REFERENCE SHEET
PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE
SOLICITATION NUMBER:
RESPONDENT'S NAME: DATE:
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 f
responses received may result in disqualification of solicitation.
3
1. Company's Name
Name of Contact
Title of Contact ,
E-Mail Address
f
Present Address
City, State, Zip Code
Telephone Number ( ) Fax Number: ( )
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2. Company's Name
}
Name of Contact
Title of Contact
E-Mail Address
Present Address
City, State, Zip Code E
Telephone Number ( ) Fax Number: ( )
3. Company's Name
Name of Contact £
Title of Contact
j
E-Mail Address $
Present Address
City, State, Zip Code r
Telephone Number ( ) Fax Number: ( )
FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY
AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD.
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ATTACHMENT B
DEPARTMENTAL MATERIALS SPECIFICATION SIGN FACE MATERIALS
DMS - 8300
SIGN FACE MATERIALS
EFFECTIVE DATES:JANUARY 2009—APRIL 2009. s"
8300.1. Description.This Specification establishes pre-qualification, warranty, material,and s
testing requirements, and approval procedures for the following sign face..materials:
• reflective sheeting,
• conformable reflective sheeting,
• screen inks,
• colored transparent films and non-reflective black films 'and
• anti-graffiti films and coatings.
8300.2. Units of Measurements.The values given in parentheses (if provided) are not standard
and may not be exact mathematical conversions'.,Use each system of units separately. Combining
values from the two systems may result in nonconformance with the standard.
8300.3. Material Producer List.The,Materials and Pavements Section of the Construction
Division (CST/M&P) maintains the.Material"Producer List(MPL) of all materials that have
demonstrated the ability to conform io the requirements of this Specification. Materials
appearing on the MPL, entitled"Sign Face Materials,"do not require sampling and testing it
before use, but the Department may periodically sample materials to ensure conformance to this
specification and may also sample jf material quality'is suspect.
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8300.4. Bidders' and SuPPTiers'Re umts. The Department will only purchase or allowireel £'
on projects those products listed by manufacturer and product code or designation shown on the i
MPL. l
Use of pre-
qualified materials does riot relieve the contractor of the responsibility to provide
materials'that meet the specifications.
8300.5. Pre-Qualification:Procedure.
A. Pre Qualification Request. Prospective producers interested in submitting their product
for evaluation must send a written request to the Texas Department of Transportation,
Construction Division,Materials and Pavements Section (CP-51), 125 East 11th Street,
Austin, Texas 78701-2483.
Include the following information in the request:
• company name,
• physical and mailing addresses,
• type of material,
• company material designation (product name, style number, etc.), and
TEXAS DEPARTMENT OF TRANSPORTATION 1-11 01109-04109
4
DEPARTMENTAL MATERIALS SPECIFICATION SIGN FACE MATERIALS
s
s
• contact person and telephone number.
For sign sheeting submissions, include:
• Proposed TxDOT sheeting type,
• ASTM sheeting type,
• a test report with actual test data showing the material complies with the requirements
of ASTM D 4956 for the sheeting type proposed, and
• the warranty statement required in Article 8300.6, `Comprehensive,Manufacturer's
Warranty Requirements.'
B. Pre-Qualification Sample. For all proposed products,provide pre-qualification sample
quantities at no cost to the Department in accordance with Tex-720=1.
The Department reserves the right to perform any or all tests'in this Specification'as a
check on the tests reported by the manufacturer. In the case of' ny variance,the
Department's tests will govern.
The Department will charge suppliers for the cost of sampling and"testing of materials
that do not meet the requirements of this pecification in accordance:with Section 8300.7.
C. Evaluation.
1. Qualification. The Department will list materials meeting the requirements of this
P.
Specification on the MPL
The Department may grant provisionalTre-qualification after successful completion of
the accelerated weathering requirements, or for materials that have undergone a full
evaluation by the National Transportation Product Evaluation Program, and whose test
results meet the minimum durability values required by this Specification.
The Department will grant;full pre-qualification after successful completion of the
exteriorexposure.requirements: Failure to complete all exterior exposure requirements
successfully.is grounds for cancellation of provisional pre-qualification.
Report changes in.the composition or in the manufacturing process of any material to
CST/M&P at the address shown in Article 8300.4.
The Department will review significant changes reported and the material may require
a re evaluation The Department reserves the right to conduct whatever tests deemed
necessary to identify a pre-qualified material and determine if there is a change in the `
composition, manufacturing process, or quality, which may affect its durability or
performance.
2. Failure. Producers not qualified under this Specification may not furnish materials for
Department projects and must show evidence of correction of all deficiencies before
reconsideration for qualification.
Costs of sampling and testing are normally borne by the Department; however, the
costs to sample and test materials failing to conform to the requirements of this
Specification are borne by the supplier. This cost will be assessed at the rate
established by the Director of CST/M&P and in effect at the time of testing.
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TEXAS DEPARTMENT OF TRANSPORTATION 2-11 01109-04109
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DEPARTMENTAL MATERIALS SPECIFICATION SIGN FACE MATERIALS
Amounts due the Department will be deducted from monthly or final estimates on
Contracts or from partial or final payments on direct purchases by the State.
S
D. Periodic Evaluation.The Department reserves the right to randomly sample and
evaluate pre-qualified materials for conformance to this Specification and to perform '
random audits of documentation. Department representatives may sample material from
the manufacturing plant, the project site, and the warehouse.
f
Failure of materials to comply with the requirements of this Specification as a result of
periodic evaluation may be cause for removal of those materials from the MPL.
F
E. Disqualification. Disqualification and removal from the MPL may occunif one of the
following infractions occurs:
• material fails to meet the requirements stated in this Specification,
• the producer fails to report changes in the formulation or productionrprocess of the
material to CST/M&P,
• the producer has unpaid charges for failing samples, or.
• the producer has unresolved warranty,issues.
F. Re-Qualification.A manufacturer or supplier may submit material for re-evaluation after
documenting the problem and its.resolution Submit documentation identifying the cause
and corrective action taken.
8300.6. Comprehensive Manufacturer's Warranty Requirements. Sign face material
manufacturers must comply with all requirements of.the following warranty. Failure to comply
with the requirements of this Warranty is cause for removal from the MPL.
Submit a statement indicating understanding and compliance with the provisions of the warranty
and willingness to abide by the provisions to the address shown in Article 8300.4.A, `Pre-
Qualification Request.' Include the narne; address, and telephone number of the person to contact
regarding potential claims under the warranty provisions.
The warranty must include the use of one manufacturer's sign face material directly applied to a
different manufacturer's sign face material. If a failure occurs, assignment of warranty
responsibility is to the manufacturer of the sign face material that fails. (Example: If the sheeting
separates from the sign>substrate,the manufacturer of the sheeting attached to the substrate will
be responsible If the sleeting or film used for legend detaches from the sheeting attached to the
substrate,the manufacturer of the legend material will be responsible for the failure.)
A. Certification. Submit a certification with each lot or shipment,which states that the
material supplied meets the requirements listed. Show individual lot numbers on the
certification.
B. Field Performance. Sign face materials processed, applied, stored, and handled
according to the manufacturer's recommendations(or as required in this Specification
when there is an exception to the manufacturer's recommendations), must perform
satisfactorily for the number of years stated in Section 8300.6.C, `Minimum Performance
Period,' for that sign face material. The performance period begins at the time of
application of the sign face material to the sign. The warranty requirements go into effect
f
TEXAS DEPARTMENT OF TRANSPORTATION 3-11 01109-04109
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DEPARTMENTAL MATERIALS SPECIFICATION SIGN FACE MATERIALS
upon final acceptance by the Department. The Department will adjust the performance f
period to deduct the time between application of the sign face material to the sign and
Department acceptance.
The sign face material is unsatisfactory if:
• it deteriorates due to natural causes to the extent that the sign is ineffective for its
intended purpose (Example: When the sign is viewed from a moving vehicle under
normal day and night driving conditions) or
• shows any of the following defects:
• cracks discernible with the unaided eye from the driver's;position while in an
outside lane at a distance of 50 ft. (15 m) or greater from,the sign
• peeling in excess of 1/4 in. (6.4 mm)
• shrinkage in excess of 1/8 in. (3.2 mm)total per 48 in. (1.2 m) of sheeting width
• fading or loss of color to the extent that color fails to meet the requirements in
ASTM D 4956 or
• loss of reflectivity to a level below 80%for Types C, D; and E sheeting of the
minimum values specified in ASTM D 4956 or in this Specification for new
sheeting when measured at the angles specified for each type.
Provide the applicators with manuals,training videos, or both describing the proper
application method. Submit,toAhe address shown...in Article'8300.4.A, `Pre-Qualification
Request,' a copy of the current trainirig.materials provided with any updates as they
occur. Include recommended procedures for the storage and handling of materials after
application to the sign face up to final installation.
The sign face material manufacturer's warranty'does not relieve the Contractor for
unacceptable work or improper handling; storage, or installation. The Contractor is fully
responsible foi all materials and work until final acceptance by the Department.
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C. Minimum Performance Period.All signs made with the type of sheeting indicated i
below and any other sign face materials used on each type of sheeting, except
construction and maintenance4ork signs and barricades, must meet the minimum €`
P
erformance periods=and replacement actions in Table 1.
Table 1
Warranty Period(yr.)
Sheeting Period for Complete Sign Additional Period for Sheeting
T e
Replacement and Installation Material Replacement Only
C,D 7 3
E 5 2
D. Manufacturer's Replacement Obligation. Where and when shown that retroreflective
traffic signs processed in conformance with the sign face material manufacturer's
recommendations (or as required in this Specification when there is an exception to the
manufacturer's recommendations) have not met the field performance requirements
above, a manufacturer's replacement obligation exists. The manufacturer must cover the
costs of replacement of the sign on the roadway or of restoring the sign surface to its
TEXAS DEPARTMENT OF TRANSPORTATION 4-11 01109-04109
DEPARTMENTAL MATERIALS SPECIFICATION SIGN FACE MATERIALS
original effectiveness as determined by and at no cost to the Department for materials or
labor.
Replacement sign face materials must:
• be the same type originally specified unless otherwise approved or directed,
• meet all the requirements of this Specification, and
• appear on the MPL.
Schedule with designated Department personnel, within 30 days of notification of
potential replacement obligation, an on-site investigation to determine if the sign face
material manufacturer's obligation exists.
g
Fulfill all obligations within 120 days after determination of obligations are made:The
Department may replace signs where uncompleted obligations occur Arid may bill the
manufacturer for all Department costs in performing the manufacturer's replacement ±
obligation.
When in the judgment of the Department deteriorated signs:present a traffic hazard,the
Department reserves the right to remove the signs from the roadwayand place them in
storage for the manufacturer's inspection. Reimburse the Department for all costs,
including labor for removal and replacement,when inspection reveals that a material
manufacturer's obligation exists.
f
The materials manufacturer may use,an independent Contractor to fulfill obligations to A`
replace or refurbish signs,on:the roadway:''
Terms of the Contract must be in conformance with the provisions of Contracts used by
the Department for this type work, be approved by the Department, and save harmless the
Department from any liability that may arise,out of the Contractor's operations.
The Department can,provide'a„sample Contract to the manufacturer upon the
manufacturer's request.
The Department reserves the right to place a representative on the job to ensure that the
signs are replaced or refurbished in conformance with Department standards. The
Department will t6f all sign face materials used to fulfill the manufacturer's obligations
to ensure compliance witl 'this Specification.
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Replacement=material assumes the remaining warranty period of the material it replaces.
4
E. Sign ProcessorsObligations. Submit the following with each shipment of signs or sign
faces:
• Department Contract or purchase order number and
• a copy of the certification, as required in Section 8300.6.A, `Certification,' showing
the lot number of all sign face materials from which the completed signs or sign faces
were processed.
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TEXAS DEPARTMENT OF TRANSPORTATION 5-11 01109-04109
DEPARTMENTAL MATERIALS SPECIFICATION SIGN FACE MATERIALS
8300.7. Material Requirements for Reflective Sheeting. This Specification covers the general
and specific requirements for the three types of reflective sheeting materials listed in Table 2—
Types C, D, and E.
i
Meet all the requirements of ASTM D 4956, except when otherwise specified. For Type C and D
white sheeting intended for use on permanently installed highway signs,the average coefficient
of retroreflection for a roll of sheeting must not vary more than 15 %when comparing Ra at
0 degrees and rotated 90 degrees for the angle epsilon(or rotational angle)while tested at each
observation angle (alpha) and the -4 entrance angle (Beta 1). Calculate the 15%variation by
dividing the difference between Ra(0) and Ra(90) by Ra(90).
For white sheeting not meeting the 15%maximum orientation requirement,provide
identification marks or other orientation features in or on the sheeting face denoting`the optimum t
orientation of the sheeting. The markings must be visible from a min.imum'distance of 5 ft. and
must be arrayed in such a manner that they will be readily distinguishable on cut=out legend,
symbols, or borders.
The Department conducts outdoor weathering at the Department's test site in Austin, Texas or at
other locations as deemed necessary by the Director.ofCST/M&P'.
Meet the supplementary requirements specified in ASTM D4956, Supplementary Requirement
S3, `Artificial Accelerated Weathering' whedtested in accordance with ASTM G 155 using
Exposure Cycle 1 with a quartz inner filter glass and Type"S"`Borosilicate outer filter glass. The
Department will test the following application types;nqf listed in Table S3.1, for the hours t
indicated and with the specified results as shown: F`
• nonconstruction work zone
• 2,200 hr. and }
• meeting a minimum of 80%of the minimum specified initial retroreflectivity values for }
that type after accelerated weathering.
• construction work zone
• 500 hr. and
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• meeting a minimum of 60%of the minimum specified initial retroreflectivity values for
that.type after accelerated we
The manufacturer may fabricate 'identification marks to denote type of sheeting in or on the face
of sheeting When used,place'the markings inconspicuously on 4 to 12 in. (100 to 300 mm)
centers visible from a distance of not more than 30 ft. (9 m) or in a manner pre-approved by the
Director of CST/M&P.
The sheeting manufacturer must furnish identification codes to the Department.
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TEXAS DEPARTMENT OF TRANSPORTATION 6-11 01109-04109
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DEPARTMENTAL MATERIALS SPECIFICATION SIGN FACE MATERIALS
Table 2
Sheeting Requirements
Type ASTM D 4956 Type Comments
Must meet all requirements for non-
fluorescent sheeting for ASTM Type III
or IV.
The WL lists Type Csheeting made
III or IV with encapsulated glass beads and
C microprismatic elements separately,and
the Department may specify one or the
other for specific applications.White
sheeting&'permanefifsigns not
meeting the 15%;maximum orientation
requirement will be,listed separately on
the MPL and must:be applied in the
direction stated,m Section 8300.7.F.
Must meet all requirements for non-
fluorescent sheeting fdf ASTM Types
VII,VIII,IX,X.White sheeting for
D VII,VIII,IX,X permanent signs not meeting the 15%
maximum orientation requirement will
be listed separately on the MPL and
must be,applied in the direction stated in
Section 8300.7.F.
Must meet all requirements for {
E VII,VIII,IX,X fluorescent sheeting for ASTM Types
VII,VIII,IX,X.
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TEXAS DEPARTMENT OF TRANSPORTATION 7-11 01/09-04/09 '
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DEPARTMENTAL MATERIALS SPECIFICATION SIGN FACE MATERIALS
d
A. Film Characteristics.Meet the requirements of Table 3.
Table 3
Film Requirements
Characteristic Requirement
The integrity of the film must be such that when the
sheeting or a completed sign face is trimmed(in the
Workability normal manner)to match the sign substrate,the film must
not crack,flake,nor chip on the sign panel or sign face
side of the trim line.
• At any combination of temperatures from 5O to 100°F
(10 to 38°C)and relative humidity from 20%to 90%,
the sheeting must be ablelo be cut,*pplied,an&color
Temperature Stability processed. {
• Unapplied sheeting must withstand heat curing of
process inks at temperatures up to 2007(930C),
unless otherwise limited by the sheeting manufacturer
and so stated in their technical literature.
x.
The surface of the sheeting or the face of a completed sign
must be chemically resistant to the extent that there will be
Chemical Resistance no surface�change when wiped with a soft,clean cloth
dampened With.mild detergents or cleaners supplied by or i
recommended by;the sheet n&manufacturer.
B. Adhesive.Precoat the backside of the reflective sheeting with either a heat-activated or a
pressure-sensitive adhesive.No additional coats of adhesive must be required to affix the
reflective sheeting to the sign blank. The adhesive and liner, when used,must meet the
requirements of ASTM D 4956.
f
Suppliers of reflective sheeting using a porous,textured-backing paper to protect the
adhesive layer"that isnot suitable for use as a slip-sheet for packaging of completed signs, f;
sign panels, or both, must supply rolls of slip-sheet paper in the various widths of
reflective sheeting supplied. The area of slip-sheet paper, supplied in the various widths,
must be the same as the-area of reflective sheeting supplied in the various widths.
Supplied slip-sheet paper is subsidiary to the reflective sheeting and any costs, direct or k'
indirect;must be included in the bid price for reflective sheeting on State purchases.
The adhesive must have no staining effect on the reflective sheeting.
C. Reflected Night Color.The reflected night color must be:
• identifiable as the same color as the day color when observed at 50 ft. (15 m) and
• uniform and free of streaks, mars, and other imperfections.
D. Screened Sheeting Optical Performance.Before exterior exposure or weather-o-meter
(WOM) exposure, sheeting reverse screened with transparent ink must have the minimum
co-efficient of retroreflectivity values specified in ASTM D 4956.
(NOTE: Retroreflectivity will be determined in accordance with Tex-842-B.)
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TEXAS DEPARTMENT OF TRANSPORTATION 8-11 01109-04109 i
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DEPARTMENTAL MATERIALS SPECIFICATION SIGN FACE MATERIALS
E. Material Identification.Mark each container, carton,or box containing reflective
sheeting with the information listed in ASTM D 4956.The identification numbers must
also appear on the inside of the sheeting roll core. The identification number on the
outside of the box and on the inside of the core must match. The mismatch of these 4
numbers may be cause for rejection.
F. Special Sign Fabrication Requirements. When utilizing white sheeting for permanent
signs that does not meet the 15%maximum orientation requirement, fabricate signs by
applying the sheeting for cut-out legend, symbols, borders, and route;<marker attachments t
within the parent sign face with the identification markings in the-vertical direction.
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8300.8. Material Requirements for Conformable Reflective Sheeting.
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A. General Requirements. Conformable reflective sheeting is intended for use on both flat
surface and round plastic or metal posts. Meet all thexequirements of AS D 4956,
except when otherwise specified. In addition to the ASTM requirements, meet the
requirements of Tex-843-13. a
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8300.9. Material Requirements for Screen Inks. 3
A. General Requirements. Specifically formulate screenanks for screening sign faces or
legends on the type of reflective sheeting required. s
B. Color. Screen inks, when screened'onto any pre-qualified white reflective sheeting, must
produce a color within the,color requirements specif_e:d'for the various colors of
reflective sheeting in ASTM D 4956
Use the type of screen recommended by.the manufacturer.
Use screen inks as supplied or thinned according to the manufacturer's recommendations.
Color will be.determined by using ink from sealed, unopened containers as received from
the manufacturer and according tp manufacturer's recommendations for thinning. F
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C. Transparency.Black screen ink; when applied to white sheeting, must be completely
opaque.
D. Durability. Screen inks,recommended by the ink manufacturer for use on any of the
types of reflective sheeting, must exhibit the same durability as specified for that type of
reflective;aheeting.
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When tested according to Federal Test Method 6301, "Adhesion (Wet)Tape Test,"the
results rr ust�show no process inks removed after processing a minimum of 96 hr. or after
exposure of the sheeting types to durability and weathering tests specified.
8300.10. Material Requirements for Colored Transparent Films and Non-Reflective Black
Films.
A. General. Colored, transparent films must consist of durable, electronically cuttable films
coated with a transparent,pressure-sensitive adhesive protected by a removable liner.
Non-reflective black films must be acrylic and consist of durable, electronically cuttable
films coated with a pressure-sensitive adhesive protected by a removable liner.
TEXAS DEPARTMENT OF TRANSPORTATION 9-11 01109-04109
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DEPARTMENTAL MATERIALS SPECIFICATION SIGN FACE MATERIALS
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The films must be:
• designed to be cut on knife-over-roll (sprocket-fed or friction-fed)and flat bed
electronic cutting machines;
• available in standard traffic colors;
• dimensionally stable; and
• designed to cut, weed, lift, and transfer.
The films must not release any volatile, organic compounds.
B. Color. When applied to retroreflective sheeting,the resulting,color must fall within the
color requirements specified for each color of reflective sheeting'in ASTM D 4956. Black
film must have a reflectance (Y)no greater than 4.0 as determined by Tex-839-B.',
C. Co-efficient of Retroreflection. When applied to retroreflective sheetmg,,the resulting
co-efficient of retroreflection must meet the minim'u values specified in ASTM D 4956. '
Retroreflectivity will be determined in accordance with Tex..842-B. f
D. Adhesion. Adhesion must meet the requirements of ASTM D 4956:'``
E. Durability.All films, when applied to the various types of reflective sheeting, must meet
the same durability requirements as specified for that type of reflective sheeting.
3
8300.11. Anti-Graffiti Films and"Coatmgs..
A. Color. When applied to retroreflective sheeting,the resulting color must fall within the
color requirements specified for the various colors of reflective sheeting in
ASTM D 4956.
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B. Co-efficientof Retroreflection. When applied to retroreflective sheeting,the resulting '
co-efficient of retroreflection reading must have the minimum values as shown in
ASTM D 495&1
Co-efficient of retroreflection will be determined in accordance with Tex-842-B.
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C. Durability.
• Resistance and Exposure
4'
The sheeting must show no cracking, crazing, blistering, chalking,or dimensional
change after WOM exposure for 2,200 hr. and exterior exposure at 45° for 36 mo.
or:at`90' for 5 yr.
• WOM exposure will be in accordance with ASTM G 155, using Exposure Cycle 1
with a quartz inner filter glass and Type "S"Borosilicate outer filter glass.
■ Exterior exposure will be facing south at the Department's exterior exposure test
site in Austin, Texas or other locations as deemed necessary by the Director of
CST/M&P.
8300.12. Contrast Ratio of Sign Faces and Completed Signs. For all sign faces and
completed signs using transparent screen inks or transparent films,the `Contrast Ratio' is the
f.
TEXAS DEPARTMENT OF TRANSPORTATION 10-11 01109-04109
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DEPARTMENTAL MATERIALS SPECIFICATION SIGN FACE MATERIALS
quotient obtained when the co-efficient of retroreflection of the white is divided by the
co-efficient of retroreflection of the other color.
The contrast ratio will be determined at an observation angle of 0.2° and an entrance angle of
-4°.
For all signs,which use white and red reflective sheeting,the contrast ratio must not be less than
4.0 or greater than 15.0. For all other signs, sign panels, sign faces, and traffic control devices,
the contrast ratio must not be less than 4.0.
8300.13. Packaging.Package the materials in containers that will permit normal shipping and
storage without the material sustaining damage or becoming difficult to apply.
Roll material must contain no more than three splices per 50 yd. (46 m). The-length of the roll
core must not be less than the width of the material.
A. Pressure-Sensitive Material.The ends of the material must be;,cut square wiffan
overlap splice of 3/8±1/8 in. in width (9.5±3.2.dim).,Edges of the overlapsplice are to
be straight and square.
B. Heat-Activated Material. Cut the ends of the material square, but jointed closely
together and held securely in place with a removable tape.
8300.14. Archived Versions. Archivq�d versions are available. .
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TEXAS DEPARTMENT OF TRANSPORTATION 11-11 01109-04109
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ATTACHMENT C
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#1238F Ultra Supr-Lok'"' Cap
Round post cap to Rat street name signs.Bracket is drilled and E
lapped for 5116'set screws,on the opposite side,a 9116'durance
tate Is drilled for boll-through installation Can be used with T round
posts in conjundan with the*PAOD Adapter.SM 12'L..675'D.
.200'W
Our standard bracket kit includes vandal-resislanl hardware at no
additional charge Each 1238F kit includes
'=+� e 1-cast aluminum bracket piece
e 7-PRP36set screws
A FREE F-100 tool is included wim each bracket order that includes
our PRP38 set screws
Please note:ony one free foot Is sent win each order,repnnfess of fho
rnenber of erockefs ordered
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ATTACHMENT D
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#12-CRF Ultra Supr-LokTM Cap F.
90-degree cross separator for use with Oat street name signs and any
post cap.Bracket is drifted and lapped for 5116'set screws;on the
opposite side,a 9116'clearance hole is drilled for boll-through
installation.Slol:12'L..875'D..200'W
Our standard bracket kit includes vandal-resistant hardware at no
,r additional charge.Each 12-CRF kit includes
+ • 1-cast aluminum bracket piece
ry'
• 6-PRP38 set screws
A FREE F-100 tool is included with each bracket order Nal includes u.
our PRP38 set screws.
Pkesa note.arty ono hro 100113 serf M(h each order,regaMess ofthe
number otarackels ordered.
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ATTACHMENT A
CITY OF ROUND ROCK
INSURANCE REQUIREMENTS
s
1• INSURANCE:The Vendor shall procure and maintain at its sole cost and expense for the duration
of the contract or purchase order resulting from a response to this bid/ ecification insurance
a ainst claims for in'uries to Persons or dam@ es to ro ertwhich may arise from or in
connection with the Performance of the work as a result of this bid by the successful bidder its
agents, representatives volunteers emplovees or subcontractors
1.1. Certificates of Insurance and endorsements shall be furnished to the City and approved
by the City before work commences.
1.2. The following standard insurance policies shall be required:
1.2.1. General Liability Policy
1.2.2. Automobile Liability Policy
1.2.3. Worker's Compensation Policy
1.3. The following general requirements are applicable to all policies:
1.3.1. Only insurance companies licensed and admitted to do business in the State of
Texas shall be accepted.
1.3.2. Deductibles shall be listed on the Certificate of Insurance an_d'a___re_a_c_ce table_ .
- -
only on-a-per occurrence basis fog property damage only. p
1.3.3. Claims made policies shall not be accepted,except for Professional Liability
Insurance.
1.3.4. Upon request,certified copies of all insurance policies shall be furnished to the
City
1.3.5. Policies shall include,but not be limited to,the following minimum limits:
1.3.5.1. Minimum Bodily Injury Limits of$300,000.00 per occurrence. I
1.3.5.2. Property Damage Insurance with minimum limits of$50,000.00 for
each occurrence. '
1.3.5.3. Automobile Liability Insurance for all'owned, non-owned,and hired y
vehicles with minimum limits for Bodily Injury of$100,000.00 each
person,and$300,000.00 for each occurrence,and Property
Damage Minimum limits of$50,000.00 for each occurrence.
.1.3.5.4. Statutory Worker's Compensation Insurance and minimum
$100,000.00 Employers Liability Insurance.
1.3.6. Coverage shall be maintained for two years minimum after the termination of the
Contract.
1.4. The City shall be entitled,upon request,and without expense to receive copies of
insurance policies and all endorsements thereto and may make reasonable request for
deletion, revision,or modification of particular policy terms,conditions,limitations,.or
exclusions(except where policy provisions are established by law or regulation binding
either of the parties hereto or the underwriter of any of such policies). Upon such request
by the City,the Vendor shall exercise reasonable efforts to accomplish such changes in
policy coverage and shall pay the cost thereof. All insurance and bonds shall meet the
requirements of the bid specification and the insurance endorsements stated below.
1.5. Vendor agrees that with respect to the required insurance,all insurance contracts and
cehificate(s)of insurance will contain and state,in writing,on the certificate or its
attachment,the following provisions:
i
1.5.1. Provide for an additional insurance endorsement clause declaring the Vendor's
insurance as primary.
1.5.2. Name the City and its officers,employees,and elected officials as additional
insured's,(as the interest of each insured may appear)as to all applicable
coverage.
1.5.3. Provide thirty days notice to the City of cancellation,non-renewal,or material
changes
1.5.4. Remove all language on the certificate of insurance indicating:
1.5.4.1. That the insurance company or agent/broker shall endeavor to notify
the City;and,
1.5.4.2. Failure to do so shall impose no obligation of liability of any kind
upon the company, its agents,or representatives.
1.5.5. Provide for notice to the City at the addresses listed below by registered mail:
1.5.6. Vendor agrees to waive subrogation against the City, its officers,employees,
and elected officials for injuries,including death,property damage,or any other
loss to the extent same may be covered by the proceeds of insurance.
1.5.7. Provide that all provisions of this contract concerning liability, duty,and standard
of care together with the indemnification provision,shall be underwritten by
contractual liability coverage sufficient to include such obligations within
applicable policies.
1.5.8. All copies of the Certificate of Insurance shall reference the project name,bid
number or purchase order number for which the insurance is being supplied.
- - - 1.5.9.—Vendor-shall notify-the C-ity-inthe-event-otanY—c afi-nge m coverage and shall
give-such notices not less than thirty days prior notice to the change,which
notice shall be accomplished by a replacement Certificate of Insurance.
1.5.10. All notices shall be mailed to the City at the following addresses:
Assistant City Manager City Attorney
City of Round Rock City of Round Rock
s
221 East Main 309 East Main
Round Rock,TX 78664-5299
Round Rock,TX 78664
6. WORKERS COMPENSATION-INSURANCE I'
6.1. Texas Labor Code,Section 406.098 requires workers'compensation insurance coverage'
for all persons providing services on building or construction projects for a governmental
entity. r
6.1.1. Certificate of coverage("certificate")-A copy of a certificate of insurance,a certificate of
authority to self-insure issued by the Texas Workers'Compensation
Commission,or a coverage agreement(TWCC-81,TWCC-82,TWCC-83,or #
TWCC-84),showing statutory workers'compensation insurance coverage for
the person's or entity's employees providing services on a project,for the
duration of the project.
6.1.2. Duration of the project-includes the time from the beginning of the work on the
project until the CONTRACTOR'S/person's work on the project has been
completed and accepted by the OWNER.
6.2. Persons providing services on the project("subcontractor")in Section 406.096-includes
all persons or entities performing all or part of the services the CONTRACTOR has
undertaken to perform on the project, regardless of whether that person contracted
directly with the CONTRACTOR and regardless of whether that person has employees.
This includes,without limitation,independent contractors,subcontractors,leasing
companies,motor carriers,owner-operators,employees of any such entity, or employees
of any entity,which furnishes persons to provide services on the project. "Services" 4'
include,without limitation, providing,hauling,or delivering equipment or materials,or
providing labor,transportation,or other service related to a project. "Services"does not
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include activities unrelated to the project,such as food/beverage vendors,office supply
deliveries;and delivery of portable toilets.
6.3. The CONTRACTOR shall provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any coverage agreements,that meets the
statutory requirements of Texas Labor Code,Section 401.011(44)for all employees of the
CONTRACTOR providing services on the project,for the duration of the project.
6.4. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being
awarded the contract.
6.5. If the coverage period shown on the CONTRACTOR'S current certificate of coverage
ends during the duration of the project,the CONTRACTOR must,prior to the end of the
coverage period,file a new certificate of coverage with the OWNER showing that
coverage has been extended.
6.6. The CONTRACTOR shall obtain from each person providing services on a project,and
provide to the OWNER:
6.6.1. a certificate of coverage, prior to that person beginning work on the project,so
the OWNER will have on file certificates of coverage showing coverage for all
persons providing services on the project;and
6.6.2. no later than seven calendar days after receipt by the CONTRACTOR,a new
certificate of coverage showing extension of coverage, if the coverage period
shown on the current certificate of coverage ends during the duration of the
project.
6.7. The CONTRACTOR shall retain all required certificates of coverage for the duration of
the project and for one year thereafter.
6.8. The CONTRACTOR shall notify the OWNER in writing by certified mail or personal
delivery,within 10 calendar days after the CONTRACTOR knew or should have known,
or any change that materially affects the provision of coverage of any person providing
services on the project.
6.9. The CONTRACTOR shall post on each project site a notice,in the text,form and manner
prescribed by the Texas Workers'Compensation Commission, informing all persons
providing services on the project that they are required to be covered,and stating how a
person may verify coverage and report lack of coverage. t'
6.10. The CONTRACTOR shall contractually require each person with whom it contracts to
provide services on a project,to:
6.10.1. provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements,that meets the statutory
requirements of Texas Labor Code,Section 401.011(44)for all its employees
providing services on the project,for the duration of the project;
6.10.2. provide to the CONTRACTOR, prior to that person beginning work on the
project, a certificate of coverage showing that coverage is being provided for all
employees of the person providing services on a project,for the duration of the
project;
6.10.3. provide the CONTRACTOR,prior to the end of the coverage period,a new
certificate of coverage showing extension of coverage,if the coverage period
shown on the current certificate of coverage ends during the duration of the
project;
6.10.3.1. obtain from each other person with whom it contracts,and provide to
the CONTRACTOR:
6.10.3.1.1. a certificate of coverage,prior to the other person
beginning work on the project;and
6.10.3.1.2. a new certificate of coverage showing extension of
coverage, prior to the end of the coverage period,if
the coverage period shown on the current certificate
of coverage ends during the duration of the project
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6.10.3.2. retain all required certificates of coverage on file for the duration of
the project and for one year thereafter;
6.10.3.3, notify the OWNER in writing by certified mail or personal delivery,
within 10 calendar days after the person knew or should have '
known,of any change.that materially affects the provision of
coverage of any person providing services on the project;and
6.10.3.4. contractually require each person with'whom it contracts,to perform
as required by paragraphs(A thru G),with the certificates of
coverage to be provided to the person for whom they are providing
services.
6.10.3.5. By signing the solicitation associated with this specification,or
Providing,or causing to be provided a certificate of coverage,the
Contractor is representing to the Owner that all employees of the
Contractor who will provide services on the project will be covered
by workers'compensation coverage for the duration of the project,
that the coverage will be based on proper reporting of classification
codes and payroll amounts,and that all coverage agreements will
be filed with the appropriate insurance carrier or, in the case of a
self-insured,with the Commission's Division of Self-Insurance
Regulation. Providing false or misleading information may subject
the Contractor to administrative penalties,criminal penalties,civil
penalties, or other civil actions.
6.10.3.6. The Contractor's failure to comply with any of these provisions is a
breach of contract by the Contractor that entitles the Owner to
declare the contract void if the Contractor does not remedy the
breach within ten calendar days after receipt of notice of breach
from the owner.
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