Contract - Certified Arbor Care, Inc. - 4/26/2018 CITY OF ROUND ROCK
AGREEMENT FOR TREE CLEARING,
PRUNING AND TRIMMING SERVICES
WITH
CERTIFIED ARBOR CARE, INC.
THE STATE OF TEXAS §
CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
COUNTY OF TRAVIS §
THAT THIS Agreement for purchase of tree clearing, pruning and trimming services at
Forest Creek Golf Course, and for related goods and services, (referred to herein as
the "Agreement"), is made and entered into on this the Z4!L- day of the month of April, 2018,
by and between the CITY OF ROUND ROCK, TEXAS, a home-rule municipality whose
offices are located at 221 East Main Street, Round Rock, Texas 78664 (referred to herein as the
"City") and CERTIFIED ARBOR CARE, INC., whose offices are located at 2405 Gardenia
Drive,Austin, Texas 78727 (referred to herein as the "Vendor").
RECITALS:
WHEREAS, City desires to purchase tree clearing, pruning and trimming services at
Forest Creek Golf Course, and City desires to procure same from Vendor; and
WHEREAS, City has issued its "Invitation for Bid" for the provision of said goods and
services, and City has selected the Bid submitted by the Vendor; and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights, duties, and obligations;
NOW, THEREFORE, WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable consideration, 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 Vendor whereby
City is obligated to buy specified services and Vendor is obligated to sell same. The Agreement
includes the following: (a) City's Invitation for Bid, designated Solicitation Number 18-013,
dated February 2018; (b) Vendor's Response to the IFB; (c) contract award; and (d) any exhibits,
addenda, and/or amendments thereto. Any inconsistencies or conflicts in the contract documents
00398858/ss2
shall be resolved by giving preference in the following order:
(1) This Agreement;
(2) Vendor's Response to IFB;
(3) City's Invitation for Bids, exhibits, and attachments.
B. City means the City of Round Rock, Williamson and Travis Counties, Texas.
C. Effective Date means the date upon which the binding signatures of both parties
to this Agreement are affixed.
D. Force Majeure means acts of God, strikes, lockouts, or other industrial
disturbances, acts of the public enemy, orders of any kind from the government of the United
States or the State of Texas or any civil or military authority, insurrections, riots, epidemics,
landslides, lightning, earthquakes, fires, hurricanes, storms, floods, restraint of the government
and the people, civil disturbances, explosions, or other causes not reasonably within the control
of the party claiming such inability.
E. Goods and services mean the specified services, supplies, materials,
commodities, or equipment.
2.01 EFFECTIVE DATE; TERM
A. This Agreement shall be effective on the date it has been signed by both parties
hereto, and shall remain in full force and effect, unless and until it expires by operation of the
term stated herein, or until terminated as provided herein.
B. The term of this Agreement is for six (6) months from the effective date hereof.
City reserves the right to review the relationship at any time, and may elect to terminate this
Agreement, with or without cause, or may elect to continue.
3.01 CONTRACT DOCUMENTS AND EXHIBITS
City selected Vendor to supply the services as outlined in the IFB and Response to IFB
submitted by Vendor, all as specified in Exhibit "A," attached hereto and incorporated herein by
reference. The intent of these documents is to formulate an Agreement listing the
responsibilities of both parties as outlined in the IFB and as offered by Vendor in its Response to
the IFB.
The services which are the subject 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.
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4.01 ITEMS AWARDED; SCOPE OF WORK
A. All bid items listed on "Attachment A—Bid Sheet" in Exhibit"A" are awarded to
Vendor.
B. For purposes of this Agreement, City has issued documents delineating the
required services (specifically Invitation for Bid Solicitation Number 18-013 dated February
2018). Vendor has issued its response agreeing to provide all such required service in all
specified particulars. All such referenced documents are included in Exhibit "A." When taken
together with the appended exhibits, this Agreement shall evidence the entire understanding and
agreement between the parties and shall supersede any prior proposals, correspondence or
discussions.
C. Vendor shall satisfactorily provide all services described under the attached
exhibits within the contract term specified in Section 2.01. Vendor's undertakings shall be
limited to performing services for the City and/or advising City concerning those matters on
which Vendor has been specifically engaged. Vendor shall perform its services in accordance
with this Agreement, in accordance with the appended exhibits, in accordance with due care, and
in accordance with prevailing industry standards for comparable services.
5.01 COSTS
A. Bid costs listed on Exhibit "A" shall be the bases of any charges collected by the
Vendor.
B. The total amount paid to the Vendor over the term of this Agreement shall not
exceed Eighty-Six Thousand One Hundred and No/100 ($86,100.00).
6.01 INVOICES
All invoices shall include, at a minimum, the following information:
A. Name and address of Vendor;
B. Purchase Order Number;
C. Description and quantity of items received or services provided; and
C. Delivery or performance dates.
7.01 INTERLOCAL COOPERATIVE CONTRACTING/PURCHASING
Authority for local governments to contract with one another to perform certain
governmental functions and services, including but not limited to purchasing functions, is
granted under Government Code, Title 7, Chapter 791, Interlocal Cooperation Contracts,
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Subchapter B and Subchapter C, and Local Government Code, Title 8, Chapter 271, Subchapter
F, Section 271.101 and Section 271.102.
Other governmental entities within the State of Texas may be extended the opportunity to
purchase off of the City's bid, with the consent and agreement of the successful vendor(s) and
the City. 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 is
not an agent of, partner to, or representative of those outside agencies or entities and that the City
is not obligated or liable for any action or debts that may arise out of such independently-
negotiated "piggyback"procurements.
8.01 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.
9.01 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to
Vendor will be made within thirty (30) days of the day on which City receives the performance,
supplies, materials, equipment, and/or deliverables, or within thirty (30) days of the day on
which the performance of services was complete, or within thirty (30) days of the day on which
City receives a correct invoice for the performance and/or deliverables 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); however, this Policy does not apply to payments made
by City in the event:
A. There is a bona fide dispute between City and Vendor, a contractor, a
subcontractor or supplier about the goods delivered or the service performed that
cause the payment to be late; or
B. The terms of a federal contract, grant, regulation, or statute prevent City from
making a timely payment with federal funds; or
C. 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
D. Invoices are not mailed to City in strict accordance with instructions, if any, on
the purchase order or the Agreement or other such contractual agreement.
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10.01 GRATUITIES AND BRIBES
City may, by written notice to Vendor, cancel this Agreement without 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.
11.01 TAXES
City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be
included in Vendor's charges.
12.01 ORDERS PLACED WITH ALTERNATE VENDORS
If Vendor cannot provide the goods as specified, City reserves the right and option to
obtain the products or services from another supplier or suppliers.
13.01 INSURANCE
Vendor shall meet all requirements as stated in the attached IFB, including all
attachments and exhibits thereto, and Vendor's bid response.
14.01 CITY'S REPRESENTATIVE
City hereby designates the following representatives authorized to act in its behalf with
regard to this Agreement:
Brian Stillman
Sports Facilities & Operations Manager
221 East Main Street
Round Rock, Texas 78664
512-218-6607
15.01 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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16.01 DEFAULT
If Vendor abandons or defaults under this Agreement and is a cause of City purchasing
the specified goods elsewhere, Vendor agrees that it may be charged the difference in cost, if
any, and that it will not be considered in the re-advertisement of the service and that it may not
be considered in future bids for the same type of work unless the scope of work is significantly
changed.
Vendor shall be declared in default of this Agreement if it does any of the following:
A. Fails to make any payment in full when due;
B. Fails to fully, timely and faithfully perform any of its material obligations under
this Agreement;
C. Fails to provide adequate assurance of performance under the "Right to
Assurance" section herein; or
D. Becomes insolvent or seeks relief under the bankruptcy laws of the United States.
17.01 TERMINATION AND SUSPENSION
A. City has the right to terminate this Agreement, in whole or in part, for
convenience and without cause, at any time upon thirty (30) days' written notice to Vendor.
B. In the event of any default by Vendor, City has the right to terminate this
Agreement for cause, upon ten(10) days' written notice to Vendor.
C. Vendor has the right to terminate this Agreement only for cause, that being in the
event of a material and substantial breach by City or by mutual agreement to terminate evidenced
in writing by and between the parties.
D. In the event City terminates under subsections (A) or (B) of this section, the
following shall apply: Upon City's delivery of the referenced notice to Vendor, Vendor shall
discontinue all services in connection with the performance of this Agreement and shall proceed
to cancel promptly all existing orders and contracts insofar as such orders and contracts are
chargeable to this Agreement. Within thirty (30) days after such notice of termination, Vendor
shall submit a statement showing in detail the goods and/or services satisfactorily performed
under this Agreement to the date of termination. City shall then pay Vendor that portion of the
charges, if undisputed. The parties agree that Vendor is not entitled to compensation for services
it would have performed under the remaining term of the Agreement except as provided herein.
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18.01 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.
19.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES
A. Vendor, its agents, employees and subcontractors shall use best efforts to comply
with all applicable federal and state laws, the Charter and Ordinances of the City of Round Rock,
as amended, and with all applicable rules and regulations promulgated by local, state and
national boards, bureaus and agencies.
B. Vendor acknowledges and understands that City has adopted a Storm Water
Management Program (SWMP) and an Illicit Discharge Ordinance, Sections 14-139 through 14-
152 of the City's Code of Ordinances, to manage the quality of the discharges from its Municipal
Separate Storm Sewer System (MS4) and to be in compliance with the requirements of the Texas
Commission on Environmental Quality (TCEQ) and the Texas Pollutant Discharge Elimination
System (TPDES). The Vendor agrees to perform all operations on City-owned facilities in
compliance with the City's Illicit Discharge Ordinance to minimize the release of pollutants into
the MS4. The Vendor agrees to comply with of the City's stormwater control measures, good
housekeeping practices and any facility specific stormwater management operating procedures
specific to a certain City facility. In addition, the Vendor agrees to comply with any applicable
TCEQ Total Maximum Daily Load(TMDL) Requirements and/or I-Plan requirements.
C. In accordance with Chapter 2270, Texas Government Code, a governmental entity
may not enter into a contract with a company for goods and services unless the contract contains
written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott
Israel during the term of this contract. The signatory executing this Agreement on behalf of
Vendor verifies Vendor does not boycott Israel and will not boycott Israel at any term of this
Agreement.
20.01 ASSIGNMENT AND DELEGATION
The parties each hereby bind themselves, their successors, assigns and legal
representatives to each other with respect to the terms of this Agreement. Neither party shall
assign, sublet or transfer any interest in this Agreement without prior written authorization of the
other party.
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21.01 NOTICES
All notices and other communications in connection with this Agreement shall be in
writing and shall be considered given as follows:
1. When delivered personally to the recipient's address as stated in this Agreement;
or
2. Three (3) days after being deposited in the United States mail, with postage
prepaid to the recipient's address as stated in this Agreement.
Notice to Vendor:
Certified Arbor Care, Inc.
P.O. Box 1868
Round Rock, Texas 78680
Notice to City:
City Manager Stephen L. Sheets, City Attorney
221 East Main Street AND TO: 309 East Main Street
Round Rock, TX 78664 Round Rock, TX 78664
Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of City and Vendor.
22.01 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.
23.01 EXCLUSIVE AGREEMENT
This document, and all appended documents, constitutes the entire Agreement between
Vendor and City. This Agreement may only be amended or supplemented by mutual agreement
of the parties hereto in writing, duly authorized by action of the City Manager or City Council.
24.01 DISPUTE RESOLUTION
City and Vendor hereby expressly agree that no claims or disputes between the parties
arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration
proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9
USC Section 1-14) or any applicable state arbitration statute.
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25.01 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
void provision shall be deemed severed from this Agreement, and the balance of this Agreement
shall be construed and enforced as if this Agreement did not contain the particular portion or
provision held to be void. The parties further agree to amend this Agreement to replace any
stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision. The provisions of this section shall not prevent this entire Agreement from
being void should a provision which is of the essence of this Agreement be determined void.
26.01 MISCELLANEOUS PROVISIONS
Standard of Care. Vendor represents that it employs trained, experienced and
competent persons to perform all of the services, responsibilities and duties specified herein and
that such services, responsibilities and duties shall be performed in a manner according to
generally accepted industry practices.
Time is of the Essence. Vendor understands and agrees that time is of the essence and
that any failure of Vendor to fulfill obligations for each portion of this Agreement within the
agreed timeframes will constitute a material breach of this Agreement. Vendor shall be fully
responsible for its delays or for failures to use best efforts in accordance with the terms of this
Agreement. Where damage is caused to City due to Vendor's failure to perform in these
circumstances, City may pursue any remedy available without waiver of any of City's additional
legal rights or remedies.
Force Majeure. Neither City nor Vendor shall be deemed in violation of this Agreement
if it is prevented from performing any of its obligations hereunder by reasons for which it is not
responsible as defined herein. However, notice of such impediment or delay in performance
must be timely given, and all reasonable efforts undertaken to mitigate its effects.
Multiple Counterparts. This Agreement may be executed in multiple counterparts, any
one of which shall be considered an original of this document; and all of which, when taken
together, shall constitute one and the same instrument.
[Signatures on the following page.]
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IN WITNESS WHEREOF, City and Vendor have e executed this Agreement on the dates
indicated.
City of Round Ro k, T Certified Arbor Care, Inc.
By: By:
Printed Name: Printed Name:
Title: -- c'm Title:
Date Signed: J 4-- Date Signed: & (, 21D/g
Attest:
By:
Sara hite, City Clerk
For City, roved as toorm:
4,By. PN
Stephan L Sheets, City Attorney
10
ROUND ROCK TEXAS
PURCHASING DIVISION
City of Round Rock, Texas
Purchasing Division
221 East Main Street
Round Rock, Texas 78664-5299
www.roundrocktexas.gov
INVITATION FOR BID (IFB)
TREE CLEARING, PRUNING AND TRIMMING
SERVICES
SOLICITATION NUMBER 18-013
FEBRUARY 2018
Exhibit "A"
City of Round Rock
Tree Clearing, Pruning and Trimming Services
IFB No. 18-013
Class/Item: 912-19/988-02
February 2018
TREE CLEARING, PRUNING, AND TRIMMING SERVICES
PART I
GENERAL REQUIREMENTS
1. PURPOSE: The City of Round Rock, herein after "the City" seeks a bid from firms experienced in
comprehensive tree services to provide tree clearing, pruning, and trimming services for the Forest Creek
Golf Course.
2. BACKGROUND: Background - Forest Creek Golf Club is currently undergoing a major renovation and
will be closed to golf activity until fall 2018. A major component of the overall project will be the removal
of a large number of trees and stumps to clear corridors of the course and highlight trees which will
remain. After selected trees/stumps have been removed, we will be looking to have a large number of
trees pruned/trimmed/shaped to continue with the aesthetic beautification of the course.
3. SOLCITATION PACKET: This solicitation packet is comprised of the following:
Description Index
Part I —General Requirements Page(s)2-5
Part II —Definitions, Standard Terms and Conditions Page 6
and Insurance Requirements
Part III -Supplemental Terms and Conditions Page(s)6-8
Part IV—Specifications Page(s) 9
Attachment A—Bid Sheet Page 10
Attachment B—Reference Sheet Page 11
4. AUTHORIZED PURCHASING CONTACT: For questions or clarification of specifications, you may
contact:
Mike Schurwon, CPPB, CTPM
Purchaser
Purchasing Division
City of Round Rock
E-mail: mschurwon(a),roundrocktexas.gov
The individual listed above may be contacted by e-mail for clarification of the specifications only. No
authority is intended or implied that specifications may be amended or alterations accepted prior to
solicitation opening without written approval of the City of Round Rock through the Purchasing
Department.
Exhibit "A"
Revised 10/17 Page 2 of 1 l
City of Round Rock
Tree Clearing, Pruning and Trimming Services
11713 No. 18-013
Class/Item: 912-19/988-02
February 2018
5. SCHEDULE OF EVENTS: It is the City's intention to follow the solicitation timeline below.
EVENT DATES
Solicitation released February 14, 2018
Mandatory Pre-Bid meeting/site visit February 22, 2018 @ 10:00 AM, CST
Deadline for submission of questions February 27, 2018 @ 5:00 PM, CST
City responses to questions or addendums March 1, 2018 @ 5:00 PM, CST
Deadline for submission of responses March 6, 2018 @ 3:00 PM, CST
All questions regarding the solicitation shall be submitted in writing to the attention of Mike Schurwon,
Purchaser, CPPB, CTPM, City of Round Rock — Purchasing Department by 5:00 PM, CST on the due
date noted above at: mschurwona�-roundrocktexas.govov
A copy of all the questions submitted and the City's response to the questions shall be posted on the
City's webpage in the form of an addendum at
Questions shall be submitted in writing to the"Authorized Purchasing Contact". The City reserves the
right to modify these dates. Notice of date change will be posted to the City's website
http://www.roundrocktexas.gov/bids .
6. SOLICITATION UPDATES: Respondents shall be responsible for monitoring the City's website at
http://www.roundrocktexas.gov/bids for any updates pertaining to the solicitation described herein.
Various updates may include addendums, cancellations, notifications,and any other pertinent information
necessary for the submission of a correct and accurate response. The City will not be held responsible
for any further communication beyond updating the website.
7. MANDATORY PRE-SOLICITATION MEETING / SITE VISIT AND INSPECTION: A pre-solicitation
meeting / site visit, and inspection will be conducted to fully acquaint Respondents with the facilities,
difficulties and/or restrictions inherent in the services specified. The pre-solicitation meeting / site visit
will be conducted on the date specified in PART I, Section 5-Schedule of Events.
7.1 Attendance at the pre-solicitation meeting/site visit is "Mandatory". Respondents shall sign-in at
the pre-solicitation meeting to document their attendance. Immediately following the pre-
solicitation meeting a site visit tour will be conducted to enable Respondents to determine labor,
equipment, supplies and materials necessary to perform the services specified herein. The City
reserves the right to determine a response"not available for award" if the Respondent fails to attend
the mandatory pre-solicitation meeting and site visit tour which shall initially begin at:
Forest Creet Golf Club
99 Twin Ridge Parkway
Round Rock, Texas 78664
7.2 Respondents will be responsible for their own transportation for the site visit tour.
7.3 Respondents are strongly encouraged to bring a copy of the solicitation document with them to the
pre-solicitation meeting/site visit.
7.4 It is the responsibility of the Respondent to examine each facility and determine quantity, amounts,
take precise measurements, determine material requirements, equipment requirements, labor
requirements and other solicitation related details during said inspections.
Exhibit "A"
Revised 10/17 Page 3 of 11
City of Round Rock
Tree Clearing, Pruning and Trimming Services
IFB No. 18-013
Class/Item: 912-19/988-02
February 2018
8. RESPONSE DUE DATE: Signed and sealed responses are due at or before 3:00 PM, on the due date
noted in PART I, Section 5—Schedule of Events. Mail or hand deliver sealed responses to:
City of Round Rock
Attn: Mike Schurwon
Purchasing Department
221 E. Main Street, 1St Floor Reception Desk
Round Rock, Texas 78664-5299
8.1 Sealed responses shall be clearly marked on the outside of packaging with the Solicitation title,
number, due date and "DO NOT OPEN".
8.2 Facsimile or electronically transmitted responses are not acceptable.
8.3 Responses cannot be altered or amended after opening.
8.4 No response can be withdrawn after opening without written approval from the City for an
acceptable reason.
8.5 The City will not be bound by any oral statement or offer made contrary to the written specifications.
8.6 Samples and/or copies shall be provided at the Respondent's expense, and shall become the
property of the City.
9. BIDDER RESPONSE REQUIREMENTS: The City of Round Rock makes no warranty that this checklist
is a full comprehensive listing of every requirement specified in the solicitation. This list is only a tool to
assist participating Respondents in compiling their final responses. Bidders are encouraged to carefully
read the entire solicitation.
Bidders shall submit one (1) evident signed "Original" and two (2) copies of the response requirements
including any required attachments and one (1) electronic copy of the IFB response on a flash drive. The
samples and/or copies shall be provided at the Respondent's expense, and shall become the property of
the City.
This invitation for bid (IFB) does not commit the City to contract for any supply or service. Respondents
are advised that the City will not pay for any administrative costs incurred in response preparation to this
IFB; all costs associated with responding to this IFB will be solely at the interested parties'expense. Not
responding to this IFB does not preclude participation in any future RFP/RFQ/IFB.
For your bid to be responsive, the attachments identified below shall be submitted with your
proposal.
Attachment A: BID SHEET:The bid response shall be submitted on itemized, signed Bid Sheet provided
in the solicitation packet. Failure to complete and sign the bid sheet may result in disqualification. If there
is a conflict between the unit price and extended price, the unit price will take precedence. Submission of
responses on forms other that the City's Solicitation Document may result in disqualification of the
response.
Attachment B: REFERENCE SHEET: Provide the name, address, telephone number and E-MAIL of at
least three (3) valid Municipal, Government agencies or firms of comparable size that have utilized
services that are similar in type and capacity within the last two (2)years. City of Round Rock references
are not applicable. References may be checked prior to award. If references cannot be confirmed or if
any negative responses are received it may result in the disqualification of submittal.
Exhibit "A"
Revised 10/17 Page 4 of 11
City of Round Rock
Tree Clearing, Pruning and Trimming Services
I FB No. 18-013
Class/Item: 912-19/988-02
February 2018
10. BEST VALUE EVALUATION AND CRITERIA: The City reserves the right to reject any or all
responses, or to accept any response deemed most advantageous, or to waive any irregularities or
informalities in the response received that best serves the interest and at the sole discretion of the City.
All solicitations received may be evaluated based on the best value for the City. In determining best
value, the City may consider:
10.1 Purchase price;
10.2 Reputation of Respondent and of Respondent's goods and services;
10.3 Quality of the Respondent's goods and services;
10.4 The extent to which the goods and services meet the City's needs;
10.5 Respondent's past performance with the City;
10.6 The total long-term cost to the City to acquire the Respondent's goods or services;
10.7 Any relevant criteria specifically listed in the solicitation.
Respondents may be contacted for clarification of bid and/or to discuss details of the services they are
proposing. This may include a presentation and/or the request for additional material/information.
11. CONFIDENTIALITY OF CONTENT: As stated in Section 16 of City of Round Rock Purchasing
Definitions, Standard Terms and Conditions, all documents submitted in response to a solicitation shall
be subject to the Texas Public Information Act. Following an award, responses are subject to release
as public information unless the response or specific parts of the response can be shown to be exempt
from the Texas Public Information Act. Pricing is not considered to be confidential under any
circumstances
11.1 Information in a submittal that is legally protected as a trade secret or otherwise confidential
must be clearly indicated with stamped, bold red letters stating "CONFIDENTIAL" on that section
of the document. The City will not be responsible for any public disclosure of confidential
information if it is not clearly marked as such.
11.2 If a request is made under the Texas Public Information Act to inspect information designated as
confidential, the Respondent shall, upon request from the City, furnish sufficient written reasons
and information as to why the information should be protected from disclosure. The matter will
then be presented to the Attorney General of Texas for final determination.
12. CERTFICATE OF INTERESTED PARTIES: Section 2252.908 of the Texas Government Code
requires the successful offeror to complete a Form 1295"Certificate of Interested Parties"that is
signed and notarized for a contract award requiring council authorization. The"Certificate of
Interested Parties"form must be completed on the Texas Ethics Commission website, printed, signed
and submitted to the City by the authorized agent of the Business Entity with acknowledgment that
disclosure is made under oath and under penalty of perjury prior to final contract execution. Link to
Texas Ethics Commission Webpage:https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm
Exhibit "A"
Revised 10/17 Page 5 of 11
City of Round Rock
Tree Clearing, Pruning and Trimming Services
IFB No. 18-013
Class/Item: 912-19/988-02
February 2018
PART II
DEFINITIONS, STANDARD TERMS AND CONDITONS
AND INSURANCE REQUIREMENTS
1. DEFINITIONS, STANDARD TERMS AND CONDITIONS: By submitting a response to this
solicitation, the Bidder agrees that the City's Definitions, Standard Terms and Conditions, in effect at
the time of release of the solicitation, shall govern unless specifically provided otherwise in a separate
agreement or on the face of a purchase order. Said Definitions, Terms and Conditions are subject to
change without notice. It is the sole responsibility of Bidders to stay apprised of changes. The City's
Definitions, Standard Terms and Conditions can be viewed and downloaded from the City's website
at: https://www.roundrocktexas.gov/departments/purchasing/
2. INSURANCE: The Respondent shall meet or exceed all insurance requirements set forth in
Standard Insurance Requirements. The City's Standard Insurance Requirements document can be
viewed and downloaded from the City's website at:
https://www.roundrocktexas.gov/departments/purchasing/
PART III
SUPPLEMENTAL TERMS AND CONDTIONS
1. AGREEMENT TERM: The terms of the awarded agreement shall include but not be limited to the
following:
1.1 The term of the Agreement shall begin from date of award and shall remain in full force for six (6)
months.
1.2 Upon expiration of the contract term, the Contractor agrees to hold over under the terms and
conditions of this agreement for such a period as is reasonably necessary to re-solicit and/or complete
the project up to 90 days.
2. RESPONDENT QUALIFICATIONS: The City has established the following minimum qualifications.
Respondents who do not meet the minimum qualifications will not be considered for award. The
Respondent shall:
2.1 Be firms, corporations, individuals or partnerships normally engaged in providing in comprehensive
tree services to provide tree clearing, pruning, and trimming services as specified herein and have
adequate organization,facilities,equipment,financial capability, and personnel to ensure prompt and
efficient service to the City;
2.2 Provide all labor, supplies and materials required to satisfactorily perform the services as specified
herein and own or acquire at no cost to the City all construction aids, appliances, and equipment
Respondent deems necessary and maintain sole responsibility for the maintenance and repair of
Respondent's vehicles, equipment, tools and all associated costs. The City shall not be responsible
for any Respondent's tools, equipment or materials lost or damaged during the performance of the
services specified herein;
2.3 Be domiciled in or have a home office inside the United States. Respondents domiciled outside the
United States, or not having a home office inside the United States will not be included for
consideration in this procurement process.
3. SUBCONTRACTORS: Respondent shall not subcontract or otherwise engage subcontractors to perform
required services. The City seeks to do business directly with a company experienced in in
comprehensive tree services to provide tree clearing, pruning and trimming services.
Exhibit "A"
Revised 10/17 Page 6 of 11
City of Round Rock
Tree Clearing, Pruning and Trimming Services
IFB No. 18-013
Class/Item: 912-19/988-02
February 2018
4. SAFETY:The City reserves the right to remove any employee from City property for violation of federal,
state, and local health, safety and environmental laws, ordinances, rules and regulations. The
Respondent shall:
4.1 Ensure that all employees comply with all Occupational Safety and Health Administration (OSHA),
State and City safety and occupational health standards and other applicable federal, state, and
local health, safety, and environmental laws ordinances, rules and regulations in the performance
of these services;
4.2 Be held responsible for the safety of their employees and unsafe acts or conditions that may cause
injury or damage to any persons or property within and around the work site. In case of conflict,
the most stringent safety requirement shall govern;
4.3 Indemnify and hold the City harmless from and against all claims, demands, suits, actions,
judgments, fines penalties and liability of every kind arising from the breach of the Successful
Respondents'obligations under this paragraph.
5. WORKFORCE: Successful Respondent shall:
5.1 Ensure Respondent's employees perform the services in a timely, professional and efficient
manner;
5.2 Ensure Respondent's employees, while working on City property, wear a company uniform that
clearly identifies them as the Respondent's employee;
5.3 Employ all personnel for work in accordance with the requirements set forth by the United States
Department of Labor. The City reserves the right to verify citizenship or right to work in the United
States.
6. PRICING: The Bidder shall determine and submit a fixed cost for the work based on a unit cost per day
(daily rate) and shall include all incidental costs, labor, overhead charges, travel, payroll expenses,
freight, equipment acquisition and maintenance, demurrage, fuel surcharges, delivery charges, costs
associated with obtaining permits, insurance, bonds and risk management. No separate line item
charges shall be permitted for either response or invoice purposes.
7. PERFORMANCE REVIEW: The City reserves the right to review the awarded respondents'
performance anytime during the contract term.
8. ACCEPTANCE/INSPECTION: Acceptance inspection should not take more than five (5)working
days. The awarded respondent will be notified within the time frame if the services delivered are not
in full compliance with the specifications. In the event the services are not performed to the
satisfaction of the City; the vendor shall agree to reperform services to specification at no additional
cost to the City. If any agreement or purchase order is cancelled for non-acceptance, the needed
services may be purchased elsewhere and the vendor may be charged liquidated damages.
9. ORDER QUANTITY: The quantities shown on the solicitation are estimates only. No guarantee of any
minimum or maximum purchase is made or implied. The City will only order the services/goods needed
to satisfy requirements within budgetary constraints, which may be more or less than indicated.
10. PERMITS: The Successful Respondent shall verify and obtain all necessary permits, licenses, and/or
certificates required by federal, state and local laws, ordinances, rules or regulations for the completion
of the services as specified if required for the project.
11. AWARD: The City reserves the right to enter into an Agreement or a Purchase Order with a single
award, split award, primary and secondary award, non-award, or use any combination that best serves
the interest and 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.roundro2�tex - i M"Its.t/ VV
Revised 10/17 Page 7 of 11
City of Round Rock
Tree Clearing, Pruning and Trimming Services
IFB No. 18-013
Class/Item: 912-19/988-02
February 2018
12. POST AWARD MEETING: The City and Successful Bidder(s) may have a post award meeting to
discuss, but not be limited to the following:
12.1 The method to provide a smooth and orderly transition of services performed from the current
contractor;
12.2 Provide City contact(s) information for implementation of agreement.
12.3 Identify specific milestones, goals and strategies to meet objectives.
13. POINT OF CONTACT/ DESIGNATED REPRESENTATIVE:
13.1 Contractor's point of contact: In order to maintain consistent standards of quality work
performed across the City, the City shall be provided with a designated and identified point of
contact upon award of the contract to include contact information. The City's designated
representative shall be notified by the Respondent immediately should the point of contact
change.
13.2 The City's designated representative: The City's designated representative shall be:
Brian Stillman
Sports Facilities and Operations Manager
Sports Management and Tourism
Phone: 512-218-6607
E-mail: bstillman@roundrocktexas.gov
14. INTERLOCAL PURCHASING AGREEMENTS
14.1 The City has entered into Interlocal Agreements with other Governmental agencies pursuant to
the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code. The Contractor
agrees to offer the same price and terms and conditions to other eligible agencies that have an
interlocal agreement with the City.
14.2 The City does not accept any responsibility or liability for the purchases by other government
agencies through an interlocal cooperative agreement
Exhibit "A"
Revised 10/17 Page 8 of 1 1
City of Round Rock
Tree Clearing, Pruning and Trimming Services
IFB No. 18-013
Class/Item: 912-19/988-02
February 2018
PART IV
SPECIFICATIONS
1. INTRODUCTION: The City requires comprehensive tree services for the Forest Creek Golf
Course that include tree clearing and tree pruning and trimming services. The Contractor
shall be responsible for providing two work crews meeting the specifications below.
Services shall be performed at:
Location: Forest Creek Golf Club
99 Twin Ridge Parkway
Round Rock, Texas 78664
2. SERVICE REQUIREMENTS:
2. 1 Requirements—The City requires comprehensive tree services for the Forest Creek Golf Course
that include tree clearing and tree pruning and trimming services. The Contractor shall be responsible
for providing two work crews meeting the specifications below.
2.1.1. Scope A-Clearing: The Contractor shall provide a minimum 4-man crew for the removal,
off-site hauling, stump grinding services of designated trees 4-6 inches below grade and
a thorough clean-up and removal of all debris. Trees will be marked by the City and may
range in diameter from 6 inches to 48 inches.
2.1.2. Scope B- Pruning and Trimming: The Contract shall provide a minimum 3-man crew.
Pruning and trimming shall include removing dead wood, ivy and underbrush, lift
canopy, surgery, dress wounds, ball moss removal and a thorough clean-up and
removal of all debris.
NOTE: The minimum 3-man crew shall work under the supervision of a"Certified
Arborist" also provided by the Contractor.
2.2 Work days shall be on Monday-Friday and shall be defined as 9 hours of actual work, not
including travel, break and lunch time. Saturday work may be allowed if mutually agreed upon
between the Contractor and City in advance.
2.3 Maximum Work Days for Scope of Work A—Clearing and Scope of Work B-Pruning and
Trimming shall not exceed 30 work days each.
2.4 Time is of the essence so the Contractor shall operate both work crews (Clearing and
Pruning/Trimming) at the same time whenever possible.
Exhibit "A"
Revised 10/17 Page 9 of 11
City of Round Rock
Tree Clearing, Pruning and Trimming Services
IFB No. 18-013
Class/Item: 912-19/988-02
February 2018
ATTACHMENT A
BID SHEET
1. ATTACHMENT A- BID SHEET is posted in Solicitation Documents for IFB No. 18-013—Tree Clearing,
Pruning, and Trimming Services in an Excel format on the City of Round Rock website at:
https://www.roundrocktexas.gov/departments/purchasing/purchasing-active-solicitations/
1.1 In order to be considered responsive Attachment A- Bid Sheet must be completed, signed by an
authorized representative and returned by the deadline for submission of response indicated in Part
I, Section 5—Schedule of Events.
1.2 The Respondent, by submitting and signing Attachment A — Bid Sheet, acknowledges that he/she
has received and read the entire document packet sections defined above including all documents
incorporated by reference, and agrees to be bound by the terms therein.
1.3 In order to do business with the City of Round Rock you must be registered with the City's Vendor
Database. To register, go to: https:Hroundrock.munisselfservice.com/Vendors/default.aspx.
1.4 By the signature affixed on Attachment A-Bid Sheet,the Respondent hereby certifies that neither the
Respondent nor the entity represented by the Respondent, or anyone acting for such entity has
violated the antitrust laws of this State, codified in Section 15.01 et seq., Texas Business and
Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly,the response
made to any competitor or any other person engaged in such line of business."
1.5 The Respondent agrees, if this Offer is accepted within 120 calendar days after the Due Date,to fully
comply in strict accordance with the Solicitation, specifications and the amounts shown on bid sheet.
Exhibit "A"
Revised 10/17 Page 10 of 11
1ofI
Attachment A-Bid Sheet
Tree Clearing,Pruning,Trimming Services
IFB-No.18-013
The Respondent represents by their signature below that he/she is submitting a binding offer and is authorized to bind the respondent to fully comply with the
solicitation documents contained in IFB No.18-013-Tree Clearing,Pruning,and Trimming Services.The Respondent acknowledges that he/she has received
and read the entire solicitation packet,attachments and all documents incorporated by reference,and agrees to be bound by the terms therein.
Special Instructions: All prices must be quoted in order to be considered responsive, be advised that exceptions taken to any portion of the solicitation may
jeopardize acceptance of the bid. The City reserves the right to purchase more or less than the quantities indicated below.
No. Description Estimated Unit Unit Cost Extended Total
Quantity
Scope A:Clearing Services-Minimum 4-man crew for removal,
off-site hauling,and stump grinding services of designated 4-6 14 U boo-
1 inches below grade and clean-up and removal of all debris. 30 RateiPer Da S S
Scope B: Pruning and Trimming Services-Minimum 3-man crew
under supervision of a certified arborist.Includes removal of dead
wood,ivy and underbrush,lift canopy,surgery,dress wounds ball
2 moss removal,and clean up and removal of all debris. 30 RateiPer Day Slc^�5 S �21 C�00
TOTAL: S921 1 L/L/
COMPANY NAME: �wU &6, l n G
SIGNATURE OF AUTHORIZED REPRESENTATAii
PRINTED NAME: 61AM5
PHONE NUMBER: ) •0 �rU7• /
EMAIL ADDRESS: ��e r'W'RJ. Q-n"Cg yy nrf
Exhibit "A"
City of Round Rock
Tree Clearing, Pruning and Trimming Services
IFB No. 18-013
Class/Item:912-19/988-02
February 2018
ATTACHMENT B:
BIDDERS REFERENCE SHEET
PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE
SOLICITATION NUMBER: 13- 01S
RESPONDENT'S NAME: Lee- —,/ah 5 DATE:CgA--�iq a a�(bo-e- cave"
Provide the name, address, tephone number and E-MAIL of at least three (3)valid Municipal, Government
agencies or firms of comparable size that have utilized services that are similar in type and capacity within the
last two (2) years. City of Round Rock references are not applicable. References may be checked prior to
award. If references cannot be confirmed or if any negative responses are received it may result in the
disqualification of submittal.
1. Company's Name CAA OP Till
Name of Contact
Title of Contact -
E-Mail Address V• Ile+ J
Present Address
City,State,Zip Code 011
Telephone Number (�. (a CLQ �2�-� Fax Number: ( ) Y\gV1 Pj tl_AYAADW A
2. Company's Name � •�- -��, �ff�P V[A"}1� 'L,DGIrGt
Name of Contact u oe.�w- c,VQ�r1. O
Title of Contact � 6 IC !!SJZ rA YL i
E-Mail Address y- m
Present Address
a
City,State,Zip Code
n
Telephone Number ( [a } qV19L Fax Number: r+
3. Company's Name bl(fflp
Name of Contact
'n.1n r�2 r�
Title of Contact / r wl Acl LN,
E-Mail Address i�
Present Address (aav IV
d.
City,State,Zip Code Ruf_ - q
Telephone Number ( '5[ ) _ Fax Number:
FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY
AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD.
Revised 10/17 llnve j o�l l
Eilh bit "A"
1 ROUND ROCK TEXAS
PURCHASING DIVISION
CITY OF ROUND ROCK
INVITATION FOR BID
FOR
TREE CLEARING, PRUNING, AND TRIMMING SERVICES
RFQ No. 18-013 Addendum No. 1 Date: March 5, 2018
Addendum No.1, dated March 5, 2018, is being issued to change the bid opening date for IFB
No. 18-013 for Tree Clearing, Pruning, and Trimming Services and to add a second mandatory pre-bid
meeting and site visit as outlined below:
1. Change Bid Opening Date From: Tuesday, March 6, 2018, @ 3:00 p.m.
To: Friday, March 23, 2018 @ 3:00 P.M.
2. Add second opportunity to attend a mandatory pre-bid meeting and site inspection as follows:
Second Mandatory Pre-Bid Meeting and Site Inspection is scheduled: Tuesday, March 13, 2018,
@ 10:00 a.m. at: Forest Creek Golf Club, 99 Twin Ridge Parkway, Round Rock, Texas 78664
3. Bidders who attended the 1 s` mandatory pre-bid meeting and site visit are not required to attend the
2nd pre-bid meeting and site visit.
4. Deadline for Submission of Questions: Monday, March 19, 2018 @ 5:00 p.m.
Approved by:
� � # zt Stutz Date:
y� J ,
Michael Schurwon, CPPB, CTPM
Purchaser
By the signatures affixed below this addendum is hereby incorporated into and made a part of the
above referenced solicitation.
ACKNOWLEDGE
r ,( AV_k0C____1re' I�(--. z � . . is
Vendor AGtkr ed Signature Date
RETURN ONE COPY SIGNED COPY OF THIS ADDENDUM TO THE PURCHASING OFFICE WITH
YOUR SEALED PROPOSAL. FAILURE TO DO SO MAY AUTOMATICALLY DISQUALIFY YOUR
RESPONSE FROM CONSIDERATION FOR AWARD.
Page I of l
Exhibit "A"
CERTIFICATE OF INTERESTED PARTIES FORM 1295
1 of 1
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2018-335285
Certified Arbor Care Inc
Round Rock,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 04/06/2018
being filed.
City of Round Rock Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
Tree Clearing,Tree Pruning
Tree Services
Nature of interest
4
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling I Intermediary
5 Check only if there is NO Interested Party.
X
6 UNSWORN DECLARATION
My name is LC:C-- IE VAAl and my date of birth is N I tq7?
My address is N 4HAIAW ya f7 , w7na? ,_Lm_.
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in �N �-�/if I~!vow County, State of O-TC x1q on the L—day of rll it ,20 /49 .
(month) (year)
Signature of aufffoTized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.5523
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1 of 1
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2018-335285
Certified Arbor Care Inc
Round Rock,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 04/06/2018
being filed.
City of Round Rock Date Acknowledged:
g Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
Tree Clearing,Tree Pruning
Tree Services
4
Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling I Intermediary
5 Check only if there is NO Interested Party. ❑
X
6 UNSWORN DECLARATION
My name is L L. ` 1E U*4A11 and my date of birth is G N
My address is 131P AfArAy Abc 4'149 7? , w716b1-? ,—V W
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in �N r<<�/�MJ vow County, State of �� x� 1 L—clay (y on the of ,20
(month) (year)
Signature of auViZbTized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.5523
CERTIFICATE OF INTERESTED PARTIES FORM 3.295
1 of 1
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2018-335285
Certified Arbor Care Inc
Round Rock,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 04/06/2018
being filed.
City of Round Rock Date Acknowledged:
04/19/2018
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
Tree Clearing,Tree Pruning
Tree Services
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
5 Check only if there is NO Interested Party. ❑
X
6 UNSWORN DECLARATION
My name is and my date of birth is
My address is
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in County, State of on the day of 20
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.5523