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R-12-10-25-H14 - 10/25/2012 i RESOLUTION NO. R-12-10-25-H14 WHEREAS, the City of Round Rock has duly advertised for bids to purchase removal and f application of reflective thermoplastic and paint pavement markings, and WHEREAS, D.I.J. Construction, Inc. has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of D.I.J. Construction, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Removal and Application of Reflective Thermoplastic and Paint Pavement Markings With D.I.J. Construction, Inc., a copy of said Agreement being attached hereto as Exhibit "A" and incorporated herein. The Cit Council hereby finds and declares that written notice of the date, hour, lace and Y Y � p 1 subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 25th day of October, 2012. 1 ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: E SARA L. WHITE, City Clerk f 0'.\wdox\SCC1nts\0112\1204\MU CIPAL\0026068LDOC k EXHIBIT „A» 6 CITY OF ROUND ROCK AGREEMENT FOR REMOVAL AND APPLICATION OF REFLECTIVE THERMOPLASTIC AND PAINT PAVEMENT MARKINGS WITH A.I.J. CONSTRUCTION,INC. THE STATE OF TEXAS § CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS: § a COUNTY OF WILLIAMSON § COUNTY OF TRAVIS § That this Agreement for purchase of removal and application of reflective thermoplastic and paint pavement markings (referred to herein as the "Agreement") is made and entered into on this the day of the month of , 2012, by and between the CITY OF ROUND ROCK, TEXAS, a home-rule municipality whose offices are located at 221 East Main Street, Round Rock, Texas 78664 (referred to herein as the "City"), and D.I.J. CONSTRUCTION, INC., a Texas corporation whose offices are located at Post Office Box 1609, Bertram, Texas 78605 (referred to herein as the "Vendor"). This Agreement supersedes and replaces any previous agreement between the named parties, whether oral or written, and whether or not established by custom and practice. RECITALS: WHEREAS, City desires to purchase removal and application of reflective thermoplastic and paint pavement markings from Vendor; and k WHEREAS, City has issued its "Invitation for Bid" for Vendor to provide said goods t and services, and City has selected the Bid submitted by Vendor; and WHEREAS, the parties desire to enter into this Agreement to set forth in writing their respective rights,duties, and obligations; NOW,THEREFORE,WITNESSETH: } That for and in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,the parties mutually agree as follows: 1.01 DEFINITIONS A. Agreement means the binding legal contract between City and Vendor whereby Vendor is obligated to furnish specified goods, equipment and/or services, and City is obligated to pay for said goods, equipment and/or services. The instant Agreement includes the following: (a) City's Invitation for Bid designated as Solicitation Number 12-036, Specification Number 12-968-61-3; (b) Vendor's Response to Solicitation Number 12-036; (c) the contract award; and (d) any exhibits, addenda,and/or amendments thereto. 259497/jkg/revised 1012/12 f 4 t Any inconsistencies or conflicts in the contract documents shall be resolved by giving A Y preference in the following order: 1. This Agreement; 2. Vendor's Response to Solicitation; 3. City's Solicitation,exhibits, and attachments. E B. City means the City of Round Rock, Williamson and Travis Counties,Texas. C. DACS means City's Design and Construction Standards (DACS), Series 800 - Urban Transportation dated January 1, 2005 and any subsequent revisions thereto. DACS are available on the following website: http://www.roundrocktexas.gov/docs/ss 800.pdf D. Effective Date means the date upon which the binding signatures of both parties to this Agreement are affixed. E. Force Majeure means acts of God, strikes, lockouts, or other industrial disturbances, acts of the public enemy, orders of any kind from the government of the United States or the State of Texas or any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods; restraint of the government and the people, civil disturbances, explosions, or other causes not reasonably within the control of the party claiming such inability. F. Goods mean the specified services, supplies,materials,or equipment. G. Linear Foot means the measurement of a 12" L x 4" W area for all items specified. H. Purchase Order means an order placed by the Purchasing Department for the purchase of goods or services, written on City's standard Purchase Order form, which when accepted by Vendor becomes an agreement. The Purchase Order is Vendor's authority to deliver and invoice City for goods or services specified, and is City's commitment to accept the goods or services for an agreed-upon price. I. Subcontractor means any person or business enterprise providing goods, equipment, labor, and/or services to Vendor if such goods, equipment, labor, and/or set-vices are procured or used in fulfillment of Vendor's obligations arising from an agreement with City. J. Test Method means the Texas Department of Transportation Test Method. K. TxDOT means the Texas Department of Transportation. L. TxDOTSS means the Texas Department of Transportation Standard Specifications for Construction of Highways, Streets and Bridges. M. Vendor means D.I.J. Construction, Inc.,or any of its successors or assigns. 2 r: 2.01 E,FFECTI17E DATE,MR.ATION,.AND:T)RMI i A: This AgreemenvAiall be eflectirve on.the:date it .has. been signed'by both parties € Hereto,, and, shall:remainin frill.force: and effect .unless and until.it expires by operation of the term:stated herein, or until:teraninated or extended asprovided Herein: B. The.term.:of 11iis Agreement shall be:.for three (3) comecutive bw6l:Ve (12) iiorith ' periods:frorn the effective: date; .Prices shall be firm for the :duration. of the ierlJ1s: of this :Agreement, ezcept-as otherwise;provided for.:herein..This Agitement may be:renewed for wo (2) acid zonal periods not to exceed twelve(12) months -for.each.renewal, oily upon the express written agreerrreni of .both parties :and :only :prgvided Vendor has performed :each and .every contractual:obligatiorl specified iii this Agmenient. 'C: City reserves thbxlght to revieNA% Veiidor's :perforniatice at anytinie duii is the initial agreement.period orany 'en-e�Yal periods, and hi elect totorr iiiiate.this.Agreejl ent With of wthutrt cause or iriaY elecf to ctrntirttte. a 3.01 CONUA:CT DOCUMENTS AND EXHIBITS s; A. City selected Vendor to supply.the goods!and sejwi:ces as outlined iii;Solicitation. H Mini ber t2=Qs6, Spec,rtrc.ation Number :l2-968-61 7-3,:'and Response to Solicitation submitted by Vendor; all.as specified Vin.T3Nhibit "A".attached hereto and made a part hereof for all purposes. The intent of these document is to fofmulate ati Agreement listing the responsibilities:of both parties as.orrtlinea.in the IFB and as offered by Vendor.in its Response:to the Solicitation. B. The...goods. and seri?ices which are #lie s.abj'ect iiiattek of this Agt eriient are described::iii Exhibit"A" arid, together with this Agreement, coiiipkise:the total Agreeinetit:arad they ate:.as Bully a part pfthis nl Agrecent;as.ifrepeated herein in.full_ 4.01 ITEMS AWARDED All bid items ir1:EYluliit"t�".are awarded to Vendor: l . z s' 5.01 (:087S,.ES`CIMA1'VD O ANTITICS, PIUCE AIND PRICE ADJUSTMENTS A. 'laid costs..i 1 Eh bit`'A"droll be the basis of:any.eharges.collecied.hy Vendor. .B. The quantities shw ni are estimates:only-. No. guarantee of any u mimunl :or' maximum.:purchase :is made or implied. City will ordet only the. arno"unts needed. to satisAt- operati ig rcclirirerneiits, wHich rliay be iiiore.or less:than `indicated. City-'feserves: he ri:glit;to increase or decrease order_ uantities_as needed. C, I lie. contract price bid shall be firm.for `the contract' duration and extension: K periods:except as follows: City:may perriiit:`'rtnrt:price" a. P. upwards only,-as a:result:of. a cost izrcxeasc to goods or services in accordance urith.the Producers Price.Index(PPI:)located.at b1s:.s;�i�rr171,r1I.I in, 11trn. Vendor must coriil�ly with. all regirirenlerrts. of Iteiii :9 of Solicitation .Number: 1? bib, Specifreatton Nuinber 12=96:8-61x3, contained in EXhibit 'A"` .leer:eto,regazdng price inci'cases:oi decreases: 3 4: a k 't i 6.01 INVOICES z 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; and D. Delivery dates. 7.01 INTERLOCAL COOPERATIVE CONTRACTING /PURCHASING P 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 Govermnent 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 k vendor(s) and Round Rock. Such agreement shall be conclusively inferred for the vendor from lack of exception to this clause in the vendor's response. However, all parties hereby expressly agree that the City of Round Rock is not an agent of,partner to, or representative of those outside agencies or entities and that the City of Round Rock is not obligated or liable for any action or debts that may arise out of such independently-negotiated"piggyback"procurements. 8.01 NON-APPROPRIATION AND FISCAL FUNDING 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 detennined 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, any payment to be made by City will be made within 30 days of date City receives goods hereunder, the date the performance of the services hereunder are completed, or the date City receives a correct invoice for the goods or services,whichever is later. Vendor may charge interest on an overdue payment at the "rate in effect" on September 1 of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas Government Code, Section 2251.025(b). This Prompt Payment Policy does not apply to payments made by City in the event: A. There is a bona fide dispute between City and Vendor, a contractor, subcontractor, or supplier about the goods delivered or the service performed that F causes the payment to be late; or i 4 i 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 perfonned that causes the payment to be late; or r 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. 10.01 GRATUITIES AND BRIBES City may, by written notice to Vendor, cancel this Agreement without liability if it is determined by City that gratuities or bribes in the form of entertainment, gifts, or otherwise were offered or given by Vendor or its agents or representatives to any City officer, employee or elected representative with respect to the performance of this Agreement. In addition, Vendor may be subject to penalties stated in Title 8 of the Texas Penal Code. 11.01 TAXES 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 t If Vendor cannot provide the goods and services as specified, City reserves the right and option to obtain same fromm other suppliers or sources. 13.01 INSURANCE Vendor shall meet all requirements as stated in the attached Solicitation Number 12-036, Specification Number 12-968-61-3; and its response. 14.01 CITY'S REPRESENTATIVE City hereby designates the following representative(s) authorized to act in its behalf with regard to this Agreement: Todd A. Keltgen Transportation Services, Operations and Maintenance Manager 910 Luther Peterson Place Round Rock,Texas 78664 512-218-5583 toddk@roLmdrocktexas.gov t 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 5 k t 3 assurance of the intent to perform. In the event that no written assurance is given within the reasonable time specified when demand is made, then and in that event, the demanding party may treat such failure as an anticipatory repudiation of this Agreement. 16.01 DEFAULT A. If Vendor abandons or defaults under this Agreement and is a cause of City purchasing the specified goods and services elsewhere,Vendor agrees that it may be charged the difference in cost, if any, and that it will not be considered in the re-advertisement of the service and that it may not be considered in future bids for the same type of work unless the scope of work is significantly changed. B. Vendor shall be declared in default of this Agreement if it does any of the following: 1. Fails to make any payment in full when due; 2. Fails to fully, timely and faithfully perform any of its material obligations under this Agreement; t 3. Fails to provide adequate assurance of performance under the "Right to Assurance"section herein; or a 4. Becomes insolvent or seeks relief under the bankruptcy laws of the United i 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(3 0)days' written notice to Vendor. t B. In the event of any default by Vendor, City has the right to terminate this Agreement for cause,upon ten(10)days' written notice to Vendor. C. Vendor has the right to terminate this Agreement for cause,that being in the event of a material and substantial breach by City, by providing City with one hundred twenty (120) days' written notice prior to termination of the Agreement; and in the event of such written notice of termination, Vendor shall continue services for a period of time not to exceed one hundred twenty (120) days after written notification. Termination under this subsection (C) of Section 17.01 shall not relieve Vendor of any obligation or liability that has occurred prior to cancellation. D. In the event City terminates under subsections (A) or (B) of this Section 17.01, the following shall apply: Upon City's delivery of the referenced notice to Vendor, Vendor shall discontinue all services in connection with the performance of this Agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such orders and contracts are chargeable to this Agreement. Within thirty (30) days after such notice of termination, Vendor shall submit a statement showing in detail the goods and/or the services satisfactorily performed 6 under this Agreement to the date of termination. City shall then pay Vendor that portion of the charges, if undisputed. The parties agree that Vendor is not entitled to compensation for services it would have performed under the remaining term of the Agreement except as provided herein. 18.01 INDEMNIFICATION I k Vendor shall defend (at the option of City), indemnify, and hold City, its successors, t. assigns, officers, employees and elected officials harmless from and against all suits, actions, a 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 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. x 20.01 ASSIGNMENT AND DELEGATION The parties each bind themselves, their successors, assigns and legal representatives to each other with respect to the terms of this Agreement. A party shall neither assign, sublet nor h transfer any interest in this Agreement without prior written authorization of the other party. 21.01 NOTICES A. All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows: 1. When delivered personally to recipient's address as stated in this Agreement;or 2. Three (3) days after being deposited in the United States mail, with postage prepaid to the recipient's address as stated in this Agreement. Notice to Vendor: D.I.J. Construction,Inc. " Attention: Terry Nix Post Office Box 1609 -- Bertram,Texas 78605 7 F E Y } Notice to City: k Steve Norwood Stephan L. Sheets E City Manager City Attorney 221 East Main Street AND TO: 309 East Main Street Round Rock,TX 78664 Round Rock,TX 78664 B. Nothing contained herein shall be construed to restrict the transmission of routine communications between representatives of City and Vendor. f 22.01 APPLICABLE LAW; ENFORCEMENT AND VENUE t. This Agreement shall be enforceable in Round Rock, Texas, and if legal action is E 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. 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. 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 M` A. Standard of Care. Vendor represents that it employs trained, experienced and competent persons to perform all of the services, responsibilities and duties specified herein and that such services, responsibilities and duties shall be performed in a manner according to generally accepted industry practices. ri 8 r. B. Time is of the Essence. Vendor understands and agrees that time is of the essence and that any failure of Vendor to fulfill obligations for each portion of this Agreement within the rz agreed timeframes will constitute a material breach of this Agreement. Vendor shall be fully #' responsible for its delays or for failures to use best efforts in accordance with the terms of this Agreement. Where damage is caused to City due to Vendor's failure to perform in these } circumstances, City may pursue any remedy available without waiver of any of City's additional legal rights or remedies. C. Force Majeure. Neither City nor Vendor shall be deemed in violation of this Agreement if it is prevented from performing any of its obligations hereunder by reasons for which it is not responsible as defined herein. However, notice of such impediment or delay in performance must be timely given and all reasonable efforts undertaken to mitigate its effects. D. Multiple Counterparts. This Agreement may be executed in multiple counterparts, any one of which. shall be considered an original of this document; and all of which,when taken together, shall constitute one and the same instrument. IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates indicated. CITY OF ROUND ROCK,TEXAS D.I.J. CONSTRUCTION,INC. a Texas corporation S By: By: Title: Title: ,' z eS Printed Name: Printed Name: Ar•X i Date Signed: Date Signed: 1 —Z - /2— FOR 7-- FOR CITY,ATTEST: Sara White, City Clerk FOR CITY,APPROVED AS TO FORM: { i Stephan L. Sheets,City Attorney x t 9 i. soutiTATION NUMBER 12036 r WEd0*16ATION NUMBER 12.968.614 :CITY OF ROUND ROCK:. INVITATION:FOR BID r REFLECTIVE THERMOPLAST1G AN[3 I'A1N`1'FAVEMENT III ARN K I NIG' 'S 4 PART I K GENERAL 1, PURPOSE; The City.of°Round.Rock;h6e.ein.after"City"..seeks.ari agreenieiif with:a:uualified Individual, Firm or Corporation;hereafter.referred to as'Respondent.to provide.all.equipment,.material and labor necessary for the { application antl,removal of reflective thermopiasti.c and paint pavement markihos throughout the Cit' i ' ; solicit ationthe: .... pondent:agrees2. DEFINITIONS TERM5ANDCONDITIONSBysubmittingaresponse tothis .. . . thatthe City's standard Definitions;Terms acd Conditions.in effect ofhetjme ofreleaseofthe 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 subjectaochange without notice.. It is the sole responsibility of respondents to:sta* apprised of changes. The City's Definitions,Terms and Cond tions-can b..6btained.frotivthe Gity's Website i ttj7/IttJ>riixf rUtJEI<tfCtd>IL#('SC3�, K?tIIIEE)33i�'Sf31d97E+ssjac}C„43 i :3.. INSURANCE: The Respondent shall meet or exceed ALL insurance requirem nts set forth.by.the:Insurance . Requirerhe. ts;as identified on the City's website at Iiittt :Ilwivxti eoririurrsr t,tPxas.: avlE;onxefliidex as xa t=4t u: T 4. ATTACHMENT$..At1achmen(s A and 13 are herein made a;part of this colic;tatiion; 4.1. Attachment A: Reference Sheet k t 42. Attachment'B: Previous:B d Tabulation from Solicitation#11� 17 5; CLARIFICATION; For:questions or clarifications of spzcifications;you.may co last: Deboroh.KhUtsdn purchasing Department City of Roun,d.I ack Telephone:512=2� 18�5466 d kn.utson@roundrocktexas..gov s The in dividaal:listed above ma''b.e contacted by telephone.orvvisited for clarification af.the specifications.only No: i Aiithodty:is intended or::irriplied that:specifications mey be amended'.or'altera,ions:accepted:priorto.solicitation >' opening withOW written approval.of;the.City of.Round Rock through:the Purchasing Department. 6. RESPONDEN QUALIFICATIONS: The:opening of:a solicitation shall not be construed as the Cit�i's acceptance of such as qualified nand.responsive. All Respondents shall- f 61.. Be firms;corporations; individuals or partnerships normally engaged in'the sale and distribution of commodity or provision of the.ser .ices as specified herein. 6::2. Have adequate ofgatiizati:on, facilities;equi.pmenf:ai?d personnekto ensure:prothpt and:efficientservice.to the a City. 6:J; Identify:any subcontractorstote used for this protect.. The_G:fty receives:thio right to approve or.disapDrove. all subcontractors prior to,any:work:being performed: 6.4. Provide:the name;address,telephone:number and a-mail of:at.least-three(3)firms applicable to:.Municipal and/dr Govemnient projects that have:utilized similar servlce.within.the.last iwo.(2)years... T., _BEST VALUE EVALUATION AND CRITERIA:: All.solicitations received may be.:evaI- ted:based on the best value for the''.0 y. .In determining:best yalue,ahe-ity-Maly consider:: 7A.. P.urchase price; i 7:2. Reputatlbn of:Res,ponderit and of Respwldeniys goods and:serviees. 7:EX-HISITx: a i i 4 SOLICITATION NOWER 12:.036 SPECIFICATION NUMBER 3'2=968.61 r3 c f 73: :Quality ofthe Respondent's goods and services;_ 7.4. The eztebt w Which th..e goods arid services meet the.City's heeds;. '7,6. Resp ondent's:past.relat unship with the City; i 1.6: The total tong *feral wst:te the City.to.acquire the Respondents goods or services; 7 7 :Any relevant criteria specifically listed in the solicitation.. i x A The.Ciiiy reserves the rightto rejectany..or:all responses.,ordelete any portion ofthesesponse;ortoaccept any response deemed.mbr i:advantageoos;.or:to Waive any irregularities of informalities:in the response. l ::received that:best serves the.intefeM and at the sole discretion of the City. ` 8. AGREEMENT TERM: 'rile terms of the awarded agreement shall.be based on the following' A 81. The Initial term of the resulting:agreement shall be three(3)consecutive welve(12)month periods from1he .: effective date. The agreement may be renewed.for two(2)additicnaf periods of time.;not to exceed twelve: (12:} months each,.provided both:parties agree in:writing prior.:to:the expiration of the current term. 8.2. The City reserves the right to review the respondents'performance at the end of each twelve(12)month period grid cancer ail.or part.of.the agreement(s)or continue the agreernent(s}through th&bext period.. 8.3. If the responderit fails:to:performl its duties in a reasonable:and competent rr'ann.er..the City shall ptovide the i. respohdent.written.notice of the deficiencies and the.respondent shall have thirty(30}days to correct such x deficiencies. If tile:resporident fails to correct Ehe deficieneres within the thirty(.30)days,.the City may terminate the:agreement.by giving the respondent written notice of termination and the reason for the termination. 9. PRICE INCREASE OR DEGREASE;A.price increase or decrease.to the agreement may be considered based on. x the.follow'ing: 91. The City May permit".unit price":adjustrrients upwardly or downwardly only as a result.of a;ehange'in.cost in: accordance with the Producers;Price I:ridex(PPI)Iocated atiitt .jfstats.bis: ova soiftiorne.nt. :At the time of. said Agreement;the successful Respondent shall identify the official PPI:name,.date and rate used in he response. Index shall meet.with Citysapproval. Any price increase shall be requested by the'successful Respondent in writing:and:accompanied with the appropriate docwM'66tation to justify the increase. The. successful`Respondent:rriayoffer ptiee;decreases'in excess:of#tie allowable'percentage hange. b 8:1.1. The:allowabie:percentetiangeahali be::calcuiated.by suotracting.the baseline index:from ttie index. s announced forthe month in�Nl ich the renewal option is exorcised and dividing the'result bji'the s. baselineindex., A=Baseline index.from the month in which the:solicitationsopened or:the month of the last approved price increase. i 3:1.:1.2.R3 Current and/or:latest b.aseline:.index: i 0.1.1.3."B'minus 'A`,:then divided by."..A.".. Multiply sum 1"0.0'x!0:equals the'percentof the allovratile: i price increase.or:decrease.,"C": c =.E( eA) =A] 100 % 9.1.2; Tlie altowabie:percent:change shall be rounded to 2he..nearest one-hundredth of one percent and; shall be ttie maximurri.unrt price adjustment permitted,:except.that the vendor ri)by offer`price decreases.in excess of the allowable.percen't.change. t 9.2. PROCEDURE TO:REQUEST INCREASE OR OFFER DECREASE. 9.11.: Mail the price increase request to the designated Qty_Coritract Specialist:a minimum of 120.days: i prior to each renewal period: Vendor shall supply supporting_documentation:asjustification for each request: City of Round Rock Pu rchasing:,Depat tment ATTN: Contract Specialist 221:E_Main:Street Round Rock,Texas 786.64-5299 : 2'a t SaUiTATION NUMBER 92-03$ SPECIFICATION NUMBER 12-988-514 9:2.2. Upon.receipt 0A.1he:request,.the::Clty iese,yes'tt►e ngtit to either;accept:fh escalation as supported, I by the appropriate price days ofthe request, negotiate:with.the vendor or cancel:'tbe agreement or pilrchase oiler if an;agteemerit cannot:be reached on:the vat ie of;the increase; 10:. AWARD;:. The. the r►ght:to enter into an-agreement or a.purchase order wifh a single award; split avtards;:non-award;.or use:any combination:that best:serves the:interest.and at the.sole.discretion.::of the City. Award:announcoment:will be made upon City GouneiE approval of sfaff red oinmen.0Ugrn;and executed.agreement: Airrard announcement will appear tin the City's,website at htt :ltwvs►�g�. rilndrs�cltacag: ovi€aortie;anrtz ,at�tLe_4G3< ................................................................... 1.1. ACCEPTANCE Accetance ills ectlon shouldnot take more than:fve 5 orkin . Thevendarwill be notified p R : )w..:. 9 days.y.si within.this timeframe:if the..goods delivered or services.rendered are not in full compliance with the•specifications.. I.any'agreemerit.or purchase:-order is canceled for non-acceptance;:the needed good:orservrce:may,:be,purchascd elsewhere and thevendormay.be charged fullincrease,:if any,in cost andahandling.. 12. PROMPT PAYMENT POLICY: Payments will be made.in accordance 1tith the Texas Prcmpt Payment:Lai'X1,Texas Goverrilnenti Code;Subtitle:F,Chaptei<.22 .1; 'The City vvri€f pay Vendor within thirty days a€ter the adceptance of tfie: supplies;ma...terials,equi M6ht, of the:day ori which:tt e.perforinance of.services was cohipleted.or the:day,on i .whichthe Gity.receiveB a.cormct Invoice for the supplies. materials;equipment or services;Whichever is later. The Vendor may charge a late fee(fee.shai1 not.1e greater than thatwhich is permitted by Texas law)for payments not made in accordance with this prompt payment policy; however,this policy does not apply#o payments made by the Gity in the event: 12.1. There is a bona fide<dispute between:the City and Vendor concei�ing the stapplies, Inatedal.s,services or equipment delivered or ti e: e6N ices.perforriied that causes ths payment to be:late;.or' t yp y 12,z. The terms of a federal agreetrier t grant,i eg�la.ion,or`statute prevent the Cify from making a timet a rent With Federal Funds:-,or i I,Z3. The is a bona fide dispute between the:Vendorand a subcontractor or between:a:subcontractor and its: s suppliers:concerning:supplies;.materials-or equipment delivered'.or the services performed which caused the. payment to,be:late:or 1:2.4. The:invoice is ndl Iiiailed to the City in strict acCt)rdarlide with ihstrucU61iS, if:any,:on the pprchas.e.orderor agreement oratt ersue.h;contractual:agreement: 13. NON-APPROPRIATION- The resulting Agreement is a cornmitimpa f tlie.city s current revenues only: It is understood and.agreed the City:shali have the right to terminate:theAgreement at the end of:any.City fiscal year if ff the:goveming body.of the Gity.does not appropriate funds sufficientto purchase the estimated yearly quantities,as .determined by the City's;budget for the fiscal.:year in question. The City may.affect.such4ermination by.giving bendor.a:writteli.not'ice'of termination at the erid, of its then ctirrentfiscal year. i 1:4. INTERLOCAL COOPERATIVE CONTRACTING(PIGGYBA.CK)'. Other:governrrientalcntities irtay be:exten�ied ttie t opportunity to purchase off of the City`s Agreements;with:the consent and::agreement of.1he awarded:vendof(s).and the City Such consent and:agreement shall be.conclusively inferred from lacli;ofeXcepfion to fh'is clause in:a fiespondent's r submittal:. However;all parties indicate their understanding and hereby expressly agree thaf..Ihe City is not an agent:of, partner to,or representative of those.:-outside agencies.or entities and hatihe City is`not obligated.or liable fat`any action or debts.that n ay afire out:of such independently-negotiated"pi99yba;k"'procurements. . i i 4 i X 3 of 8. ii ( i F k SOLICITATION.NUM8FR: 12;036 SPECIFICATION 12NUM*BER -660-3.1-3 PAOtt.II i SGH.EDULE t. asSO:LIC TATIQN.SCHEDULE: 111s the Citys intention to.complyWith the foliowing:solicitationtimeline: t 11 :Solicitat(on released: June 23 2012 1;2:: Deadline for:gWesf ons JrILy 1;0;;2012 i 1,3.. City responses to:all;questlons o.r addendUins July17"2012 1.4: Responses:for solicitation due by,3 00 PM July.24,2412 r .All i7ii4stions.regarrling the:solic Atlon.shall be'submitted in wrLttng by 5:00 PM on the dire:.0e. noted.:In PART:Ii.;Paragraph 1.;sub-paragrapti 1.3, A copy of all the questions submitted and1he City's response to the l questions shall.he posted on our webpage; htt :11va��rsar rouristrovt t estas: dv.h37eT:�r'1nZiEzx as cte-�4=a ,; . k Questions shall be submitted:to:the Citycontact named in PARTI,Paragraph s. The City reserves the right to modify these dates:. Notice.of date diange will tie posted to the City's website. * . Y ....SOLICITATl4 UPDATES**** *********-***********;� , 2: SOLICITATION UPDATES: Responden#s shall be responsible for monitoring the City's website at s tiff lfvsn��w r�uncGrocktt xas cti?vl1^ats� elintex:as licitation3d , described herein: Various updates may include addendums,cancelations note=,cations, and any other pertinent. information n.:ecessary for the tibrnission.of a correct and accurate response. he Glty will:not be.held responsible foI ariy flrther cornniiriication. beyond:updating the:wabsite: 3_, RESPONSE DUE DATE: Signed and sealed responses are.due tip:iater than 3JOO:PM,on.tl e'date noted.above to the,:Purchasing Department. Nail or carry sealed solicitations to .. C.ity.of Round Rock. i Purchasing Department 221 E, Mal6 Street. t Round:Rock,Texas:78.&64-5299 i s 3.1.. Responses received after:this iim and hate shall not:be considered. t 3:2.. Sealed:responses:shalFbe c(early:marked or aheoutside of'packaging with the.Solicitation title,.number. tie E date and."DO NOT 0.EN": � 3.3: Pacsimile or electronically transmitted:responses are.not:accdbtable. 3.4.. :Late:responses will;be retumed'to Respondent unopened.if return address is provided. 4. POST"AWARD MEETING The Clty and Respondent shall have'a:post:aWa.td-meeting to:discuss,but not.:be.Limited. to:the following: 4:'f::. Provide City;contact(s)information for implementation..of agreement- �d2. Pgreement terms and conditions. 4:3:: Identify specific milestones,.-goals and strategies to.meet.objectives. F i a z i l i t 4.of.6 2; i, i SQCICITATION.NUMBEER ..... .. ... lzon a` SPECIFICATION:f?iIJMB R 92-968,81=3 PART ill I: SPECIFICATIONS 1:.. PURPOSE:.The City of Roond.Rock-seelts fa.estafiiisft a multiple:,yearagreemeritwith.ai qualified Respondent to .provide equipment, material and labor necessary for the:application;and:rem.oval.of reflective thermoplastic: i and.paint pavement markings: Application:shall b.e:machine:applied or hand applied per the instrLictiort:6f the 0ty's:representative:. i 2: LOCATION MSTREETS All streets Shall be th n the.City ifmits;of Round Rock Successful respor dent shall perform work as::specified'on.those streets:designated by City's representative:through a written Notice To Proceed; l 1 STANDARD:All materials, equiprrment, construction; preparation., application and removal.methodsshalt be in accordance with the City of Round;Rock.s>Design.and Construction.Standards(DADS),Series,800—.Urban l Transportation. 311 Item No.:861, Reffectd ized Pavemerit Maddrig,dated Januatry i, 2005.or latest:revision. 3:2 Item No.874,.Elimiration of Pavement.Mbrking, dated January 1,2.0.05 or latest revision. 3,3 DACS are:availableon the City's website at; i tt t .jIiVLA'i'+fo�teedr0.`fitE3XdS L tiJt�{U. /Sa A8-0 pdf. 4: SERVICE.RI=8I?ONSI13IL1TIES: The Respondent shall provide:the following- t 4.1 Services'shall include materials;equipment;;construction methods;measurement;.application and tern oval.of inarkings:of:the specified types, colors:,:shapes, sizes,widths,arid:thickness shown oil p anis t` or as the City may require from trme:to time i 42 CoordiinatioriWith the City to develop a project schedule that is rnuttially agreeable to both parties. 4.3 :ft list:of resp onsible"representatives with names,;titles,.add.resses and:telephone numbers shall.be. furnished to the City; g 4:4. Staffing for each job with sufficient personnel fora safe and timely completion.. 4:5 All equipment used by:the.Respondent to perforin services:requiring licensing and inspection ;shall be I licensed and inspected by the Texas.Departimerit Transpoitatibn and shaft compfywith all applicat le: State,.Federal and:CSHA'Regulations.. i 4:6 Traffic.control during projects•for the duration of each job consistent with the provisiona.set forth in the "1980 Texas Manual on Uniform Traffic Con.trot Devices for Streets and Highways"or the latest revisions thereof, issued under fhe authority of the''State of Texas Uniform Act Regulating:Traffic.on Highways", codified as.Article.6701d:V.ernon's Civil Statutes,.pertiinent:sections being.Sectiot1Nos:27,:29 30 and 31. .4.:7 All steps neeessar)�:fo ensure all areas of the:cons€ruction site.ferriain.in.a:neat and':itter free caridition,. S.- ORDER QUANTITY: The giA titiesaho' :on tt e.solic.itatioi are.:estimates only..No:guarantee of any:mtnimuii i or maxini.urri purchase is made or.implied. The City will only:order the.products.:or services needed.to satisfy ` operating requirements within:budgetary constraints,which may be more:or less than indicated.. 61 .PERMITS The successful Respondent-shall.obtainnecessarypermits.or.licenses:and:pay any related:fees or taxes required by-governing agencies. City of Round Rock-fees may be waived. 7. DAMAGE; The successful Respondent shall beresponsible€or damage to the::City s equipment and/or property;. thewortEglace`aid its contents by ltswork;.ndgligersce.in vu0rk, its personnel.and equipment;. 0. PENALTIES :In the eyelet of default::by successfill.resporident ar non=acceptance by City, the City sl�ali be a emitted ta.damages,costs; fosses and expenses, incurred by.the:City as_a result of the VendorIt's defauor City's f non-acceptance. l' is r a i 1 } t SOLICITATION NUMBER 12-036 x; SPECIFICATION NUMBER 12-968.61-3 PART IV RESPONSE REQUIREMENTS 1. RESPONSE REQUIREMENTS: Respondent shall submit one(1)executed(signed)original and five(5) copies of each response. Completed documentation shall include, at a minimum: 4.1 Itemized,signed solicitation document. Failure to itemize solicitation may result in disqualification. 1.2 Attachment A: Reference sheet that shall include the name,address,active telephone number and valid E-mail address of at least three(3)firms applicable to Municipal and Government projects that have utilized similar services within the past two(2)years.References shall include Business Name, Contact Name,Address,Telephone,and e-mail. An active e-mail address is required. Failure to provide reference information may result in disqualification. A reference form is contained as a part of this submittal package. i+ x i i J i i x i i i 't 4 a } S' ti y: e is 6of8 x i 1 s f. n 4 .r, icei<7.I:UsTrAUF1re Fp% SID:IrGt3M: K PURCHASING DEPARTMENT 221 E IVMWII Street Rbdnd Root;Teks 78664-5293 ... ... .. ........... ..... solicitation Number:. #!12-036 Taxl€):Number:: LZ�j itXii .1S solicitation Name: Reflective.Th-ermoplastic Business Name: ol :and Paint Pavei'ient i fVlarkfngs Address:; '� kro IIt+t ® r Address:: Opening bate: -July-24,20U �- 4z ® OpeningT.me :On or:Befo.re.3:00 PM CST Contact: t t i Opening locatiow City of:Rounii Rock. Telephone: 5l City Hail 3 k 0 211.E..Main Street En lty.Type: Round Rack;TX 786.64 F E<ma!!: Ci ICG;h� f tff`F�r(i. g � • E Newspaper Qcip/s We60io 0 6-mall:Announcement E Esso ❑dither. _ e p L. . . Yes Q No. , Yea ❑:No Register'at:.ravndroilcieti�z:};6vjL'er�orCentfat �: .... ... t i e: D A � Y d1ACHINE WHINEHARD. ITEM EBTiIYIATE0 APPLIED APPUEn APPLIED RAND APPLIED: #: DESCRIPTION QTY UNIT' - UMT PRICE .: EXTENSION: UNIT'PRICE F.X� WSIOW TYPE I Tl ERMOPLASTIC REFLtMillZED.'. PACJERIENT t41ARICING. 325(:00 LF $ $_-. • I TYPE I THERM.OPI ASTIC:AEFEECTOAIZED L s .2: PAVEMENTMARKING> IXJ ' TYPE I TE-FERMOPL.ASTIC:REFLECTORIZED , 5 3 PAVEMENT WORDS: f�0 EA. .I . (t } } TYPE t THERMOPLASTIC REFLECTORIZED 4 PAVEMEti!t.SFIAYES` � ................ ;LWQ 1 5 TYPE I.THERMOPLASTIC REF LECTORIZ[D: EA a PAVEMENTSYMBOLS. ::. a _.. _-... 6: TYPE.11 PAINT PAvPjAE-N3'PAA KING: 2b 003 1:F cl$ 7 TYPEA PAINT PAVEMENT MARKING: RtN.Q :LF . .......................... ... .. .. ' 8. TY0E'1i PAINT PAVtMIHN1'WORDS; 't04 E.A. :t .. .. r r i t i; ........... ........... .. m ® LOS M ^s MACHINE:. MACHI #"AND iTE,M:. .... . ... ... ESTIMAT01: tiAPIp:APPL{ED DESCRIPTION' UN[T APPrfEO . APPLIED.. APPLIED QTY EXTENSION UNIT.Pf21.CE. EXTENSiDN_ UNITPRiCE. ;;;;i:,:r.::;;:o-...;.. 4 9 TYPE It PAINT PAVEMENTSHAPES �tdd EA $ $ :. 1 �, Q ... .. ......... ......................... . . . .. .. .......... . ...........: 10 TYPE*1f PAINT PAYF„Ml Idi SYMHOLS: QE)� EA $ I tire.}: �U1fL' '11: N4ARKING:ELIMINATI.GN 'id ddtl LF $ i t2 RAISEII PAVBtAENT PlrARKEt2S i,dt3Q F. : $ $ <? a: s By fFie stgriature:trereon affized�the Respondent:hereby.certifes:thet neither the:respondent nor the:entily represented by the respondent,or i. anyone:acting for-.such entity hastM616ted Itie antiUust laws of this State.Codified in SaWM &M et-seq-.;Tkas-Business and:Commerce Co.#e; or that ederitl antitrust law'.not communicated directly orindirectty,.the:response made to any competitor or any of herperson.engaged.In such itne:of business., Further,by signing:and.submitting:thisresponsethe.Respondent:actmo�,viedgeslhatihey:haveread.andjuity.un0erstandthesolicitation. The Respondent agrees.to coitiplywith all tetras and:condilions set forth in this solicital{on. Farlure:to::sign response WJI disqualify,rasponse. I: Facsimile responses shall notbe.accepted. Seated response envelope shall be.clearly marked vWth.solicilation.name;solicitation number and i hante of responding entity, r s The agreementorpurchase order ncsulfin g from this solicitation may qualily:ror IInlerlocal or CooperaUva Contracting fPfggybaM-, )per the o terms:6tiltlned In Partt,:il i4 otihis:so{icitgtlon: lf:apptic.We:do:you.agree'fo'piggybaW purchasing(Torn oiher.govem"0...agencies? Ye. ❑ .No r i t2esponse shatLinctucie.one:(1)signed:original.:and Gve:{5}copies of...!gspmzse. r Ptihte6 Name: : Auttiaiized;Si nature Date So]icitat;ian Nrimber; !#iZ-1336 t c ............... ....... t.. .. �v ► ` `i`` 7Y r� A�P.e-5 r� 157 :t►T Y i ,1 � J Y i z 1 1: ? 4 1. ': 1Y:1C ` rr� os::i� 6454- t�� i�(`S`0:1Stes i:.9th,:.....� 17�j m b.6 t t SOLICITATION NUMBER 12-036 SPECIFICATION NUMBER 12-96841-2 SOLICITATION INSTRUCTIONS ITEMS BELOW APPLY TO AND BECOME A PART OF TERMS AND CONDITIONS OF SOLICITATION I ANY EXCEPTIONS THERETO MUST BE IN WRITING 1. SOLICITATION REQUIREMENTS: g 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. s Respondents guarantees product offered will meet or exceed specifications Identified In this Invitation For Bid(iFB). 12 Solicitations shall be submitted on Solicitation SheeL Each response shall be placed in a separate envelope completely and properly identified. Responses rnust W in Ste Purchasing Department before the hour and dale specified on the solicitation. 1,3 Late responses properly identified will be retumed to respondent unopened. tale responses wHl not be considered, 1 A Respond F.O.B.destination,freight prepaid,&akowed unless otherwise specified an the solicitation. If otherwise,show exact cost to deliver. Q' 1.5 Response shell shove unit price on quantity and unit of measure specified,extension and show total. In case of error&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 YAK be taken if earned. v 1.7 Responses shall give Tax Identification Number,W name and address of respondent Failure to sign will disqualify response. Pelson signing response shall show Hire and authority to bind signalorias Onn In an agreement Ram name should appear on each page in the block provided in Its upper right comer. Business Entity shall be a one(1)of time following:Individual,Partnership,Sole Proprietorship,Fstatelrrust,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). x 1.6 Responses cannot be altered or amended after opening Oma. Any Alterations made before opening lime shalt be initialed by respondent or an authorized agent. No ) response can be we7hdrawn after opening time without approval of the CITY based on a written acceptable reason, f 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 ail or any part of response,waive minor technicalities and award the response to beat serve time Interests or the City.Split j awards may be made at the sale discretion of the City. IA I Consistent and continued He responses could cause rejection of responses by the Cly andror investigation for anlitarst violations. g 1.12 Telephone,facsimile,and electronically transmitted responses are not soceplable in response to the solicitation. 1.13 CAUTION:Solicitation 4rvitallon allows shAfident time for receipt of the preferred mail response. The City shall not be responsible for responses received late,Illegible, ' incomplete,or otherwise nort•responsive. 2. SPECIFICATION: 2.1 Any catalog,brand name or manufacturer's reference used in the solicitation is descriptive only(nal 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 brands)spedfied Is offered,Itustrations and complete descriptions of product offered are requested to be made a part of the response. If respondent takes i. no exceptions to specifications or reference data in response,respondent will be required to furnish brand names,numbers,ala,as specified in the soidlation. 2.2 All Items on the solicitation shall be nevi,In fust 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 fumisihed 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. I 2,5 Manufacturees standard warranty shall ap*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 Govemment Code. 4. DELIVERY'. 4.1 Response shall show number of days required to place material in CiVs 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 r delivery promises without valid reason may cause removal from Vendor list(See 42 following.) 4.2 If delay Is foreseen,Venda shall give vffMen notice to the City. The City has the right to extend delivery dete if reasons appear valid.Vendor shag keep the City advised at all times of status of order. Default In promised delivery(without acceptable reasons)or fatium to meet specifications.authorizes the City to purchase supplies elsewhere and charge fill Increase,if any,in cost and handling to defaulting Vendor. 4.3 No substitutions or cancellations permitted wilhout written approval of the City. 4.4 Delivery shalt be trade during normal working hours only,unless prior approval for late delivery has been obtained from the City,unless otherwise specified in the solicitation. 5. INSPECTION AND TESTS: Ali goods will be subject to inspection and lest by the City to the extent practicable at alt tunes and places. Authorized City personnel shall have ' access to any suppllees place of business for time purpose 0 inspecting merchandise. Tesla may be pedomted on samples submitted with the response or on samples taken (torn regular shipments. if the products tested fall to meet or exceed at conditions and requirements of the specitcations,the cost of the sample used and the cost of the testing shell be borne by the supplier. Goods,which have been delivered and rejected in vAWe or in part may,at the City's option,be returned to the Vendor or held for disposition at Vendor's risk and expense.Latent defects may resull In revocation of acceptance. 6. AWARD OF AGREEMENT: A response to a soficitatioo is an offer to contract Will the City based upon the terms,conditions,and specifications contained in the solicitation. % Responses do not become agreements or purchase orders unless and until Ihey are accepted by the City through its designates and an agreement or a purchase order Is Issued. The agreement or purdiase order shag be govemed,construed,and interpreted under the Charter of time 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 shag 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 piolect 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 adse under the antitrust laws of the State of Texas.TX,Bus,And Comm.Code Ann,Sea 15.01,el seq.(1967). 10. RESPONDENT AFFIRMATION: 10.1 Signing the response Y Ah a false statement is a material breach of agreement and shag 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 102 The respondent has not given,offered to give,nor intends to give any time hereafter any economic opportunity,future employment,gift,ban,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. i 10.4 Neither the respondent nor the firm,eoiporegon,partnership,or any entity represented by fie respondent,or anyone acting for such firm,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. l 10.5 The respondent has not received compensation for participation In the preparation of the specification for the solicitation. ti. 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,eta)The City of Round Rod*can only accept responses v0ch contaln at the terms and conditions of its famrel solicitation;in particular, all respondents'affirmations and certifications must be Included. Submission of responses on forms other than Chly's forth may result in d'hsquafification of your response. f' u 12. INQUIRIES: Inquiries pertaining to Solicitation invitations must give Solicitation number,codes,and opening date. 7 of 8 i l: s F SOLICITATION NUMBER 12-036 SPECIFICATION NUMBER 12-966-6i-2 j ATTACHMENTA RESPONDENT'S REFERENCE SHEET PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE SOLICITATION NUMBER: 12-036 RESPONDENT'S NAME: n T .T Cnnsfrnr-t-i nn,TnMATE: 07-24-12 Provide the name,address,telephone number,e-mail address and point of contact of at least three(3) firms applicable to Municipal and/or Government projects that have utilized similar service within the last two(2)years. An active e-mail address Is required. City of Round Rock references are not applicable. References maybe checked prior to award. Any negative responses received may result in disqualification of solicitation. 1. Company's Name City of Georgetown, Texas {' Name of Contact Bill Robinson Title of Contact . Sa•�t�v Coordinator E-Mail Address hi 1 1 _rahi nsnn@gPnrc1Pf-nwn_org Present Addressi 300-1 Industrial Ave. City,State,Zip Code G4Pnrgpi-nwn, TPXaG 7RA26 Telephone Number ( 51 2 ) 9_30—R11,1 Fax Number:( ,12)c)- 0_g4 51 i 2. Company's Name Williamson_County Name of Contact Ron RnhPrt 4 Title of Contact Sign Cw,, reman E-Mail Address rroherts0wi 1cQ nxg Present Address 3151 SE Inner Loop Ste. B City,State,Zip Code Georgetown, Texas 78626 Telephone Number ( 512 ) 663-1139 Fax Number.( 512)943-3335 i 3. Company's Name Texas Dent. of Transportation Name of Contact Howard Lyons (; Title of Contact Area Engineer - E-Mail ngineer - E-Mail Address howard.lyons@txdot.gov ; Present Address 3029 E SH 2.9 = City,State,Zip Code Burnet, Texas 78611 Telephone Number ( 51 2 ) 756-2316 Fax Number:( 512) 756-4251 FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD. f 8 01`8 €< 3 2 S IROUNID ROCK,TEXAS City Council Agenda Summary Sheet PURPOSE.BkSSIOK PROSPERITY. t a Agenda Item No. H14. Consider a resolution authorizing the Mayor to execute an Agreement for Removal and Application of Reflective Thermoplastic and Paint Pavement Markings with D.I.J. Agenda Caption: Construction, Inc. Meeting Date: October 25, 2012 Department: Transportation : Staff Person making presentation: Gary Hudder Transportation Director Item Summary: Pavement markings are an essential aspect of safe and efficient roadways. They provide continuous information related to roadway alignment,vehicle positioning, and other important driver-related tasks to road users. To ensure consistent application of pavement markings, their characteristics and warranting criteria are described in the Manual of Uniform Traffic Control Devices. As part of the City of Round Rocks' Major Maintenance Program, the City of Round Rock extended an Invitation for Bid for Reflective Thermoplastic and Paint Pavement Markers to provide the application/removal of thermoplastic reflective pavement markings and pavement striping on various City streets. Two qualified vendors submitted bids and each submittal was evaluated based on best value evaluation and criteria by City Transportation and Purchasing staff. Based on this evaluation the Transportation Department recommends accepting the bid from and entering into an agreement with D.I.J. Construction, Inc. f Cost: $316,200 t Source of Funds General Fund E Recommended Action: Approval h 2` P } { , [ � � ( \ � ( ; ! � ( � ( { \ � ( � { \ { . . . . . { [ ( ( ( t r � ( . ( ( \ ( ( ( [ ( ( { ( ( ( { { { [ � ( t [ � ( CITY OF ROUND ROCK AGREEMENT FOR REMOVAL AND APPLICATION OF REFLECTIVE THERMOPLASTIC AND PAINT PAVEMENT MARKINGS WITH D.I.J. CONSTRUCTION,INC. THE STATE OF TEXAS § t § r CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS: § COUNTY OF WILLIAMSON § COUNTY OF TRAVIS § j That this Agreement for purchase of removal and application of reflective thermoplastic and paint paven ent markings (referred to herein as the "Agreement") is made and entered into on this the ay of the month of n46m, , 2012, by and between the g' CITY OF ROUND ROCK, TEXAS, a home-rule municipality whose offices are located at 221 East Main Street, Round Rock, Texas 78664 (referred to herein as the "City"), and D.I.J. CONSTRUCTION, INC., a Texas corporation whose offices are located at Post Office Box 1609, Bertram, Texas 78605 (referred to herein as the "Vendor"). This Agreement supersedes and replaces any previous agreement between the named parties, whether oral or written, and whether or not established by custom and practice. 1 RECITALS: WHEREAS,City desires to purchase removal and application of reflective thermoplastic and paint pavement markings from Vendor; and WHEREAS, City has issued its "Invitation for Bid" for Vendor to provide said goods i and services,and City has selected the Bid submitted by Vendor;and , WHEREAS, the parties desire to enter into this Agreement to set forth in writing their respective rights,duties, and obligations; NOW,THEREFORE,WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the parties ' mutually agree as follows: S" 1.01 DEFINITIONS A. Agreement means the binding legal contract between City and Vendor whereby Vendor is obligated to furnish specified goods, equipment and/or services, and City is obligated to pay for said goods,equipment and/or services. The instant Agreement includes the following: (a) City's Invitation for Bid designated as Solicitation Number 12-036, Specification Number 12-968-61-3; (b)Vendor's Response to Solicitation Number 12-036; (c) the contract award; and (d) any exhibits,addenda,and/or amendments thereto. 259197/jkg/revised 1012/12 x r Any inconsistencies or conflicts in the contract documents shall be resolved by giving preference in the following order: i 1. This Agreement; 3 2. Vendor's Response to Solicitation; ' 3. City's Solicitation,exhibits, and attachments. B. City means the City of Round Rock, Williamson and Travis Counties,Texas. C. DACS means City's Design and Construction Standards (DACS), Series 800 - Urban Transportation dated January 1, 2005 and any subsequent revisions thereto. DACS are available on the following website: http://www.roundrocktexas.gov/docs/ss 800.pdf ' _ i D. Effective Date means the date upon which the binding signatures of both parties to this Agreement are affixed. ' E. Force Majeure means acts of God, strikes, lockouts, or other industrial disturbances, acts of the public enemy, orders of any kind from the government of the United States or the State of Texas or any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, restraint of the government and the people, civil disturbances, explosions, or other causes not reasonably within the control of the party claiming such inability. i F. Goods mean the specified services,supplies,materials,or equipment. G. Linear Foot means the measurement of a 12" L x 4" W area for all items specified. H. Purchase Order means an order placed by the Purchasing Department for the purchase of goods or services, written on City's standard Purchase Order form, which when accepted by Vendor becomes an agreement. The Purchase Order is Vendor's authority to deliver and invoice City for goods or services specified,and is City's commitment to accept the goods or services for an agreed-upon price. I. Subcontractor means any person or business enterprise providing goods, equipment, labor, and/or services to Vendor if such goods, equipment, labor, and/or services are procured or used in fulfillment of Vendor's obligations arising from an agreement with City. J. Test Method means the Texas Department of Transportation Test Method. K. TxDOT means the Texas Department of Transportation. L. TxDOTSS means the Texas Department of Transportation Standard Specifications for Construction of Highways, Streets and Bridges. R M. Vendor means D.I.J. Construction, Inc.,or any of its successors or assigns. x 2 N i s, F [y# b yy E` 2.01 EFFECTIVE DATE,DURATION,AND TERM A. This Agreement shall be effective on the date it has been signed by both parties hereto, and shall remain in frill force and effect unless and until it expires by operation of the term stated herein,or until terminated or extended as provided herein. 1 B. The term of this Agreement shall be for three (3) consecutive twelve (12) month periods from the effective date. Prices shall be firm for the duration of the terms of this Agreement, except as otherwise provided for herein. This Agreement may be renewed for two (2) additional periods not to exceed twelve (12) months for each renewal, only upon the express l written agreement of both parties and only provided Vendor has performed each and every contractual obligation specified in this Agreement. C. City reserves the right to review Vendor's performance at any time during the initial agreement period or any renewal periods, and may elect to terminate this Agreement with or without cause or may elect to continue. 3.01 CONTRACT DOCUMENTS AND EXHIBITS A. City selected Vendor to supply the goods and services as outlined in Solicitation Number 12-036, Specification Number 12-968-61-3, and Response to Solicitation submitted by Vendor, all as specified in Exhibit "A" attached hereto and made a part hereof for all purposes. ' The intent of these documents is to formulate an Agreement listing the responsibilities of both parties as outlined in the IFB and as offered by Vendor in its Response to the Solicitation. B. The goods and services which are the subject matter of this Agreement are described in Exhibit "A" and, together with this Agreement, comprise the total Agreement and they are as fully a part of this Agreement as if repeated herein in full. 4.01 ITEMS AWARDED ' i' All bid items in Exhibit"A"are awarded to Vendor. 5.01 COSTS; ESTIMATED QUANTITIES; PRICE AND PRICE ADJUSTMENTS ' A. Bid costs in Exhibit"A"shall be the basis of any charges collected by Vendor. B. The quantities shown are estimates only. No guarantee of any minimum or maximum purchase is made or implied. City will order only the amounts needed to satisfy operating requirements, which may be more or less than indicated. City reserves the right to increase or decrease order quantities as needed. 1' C. The contract price bid shall be firm for the contract duration and extension periods except as follows: City may permit "unit price" adjustments upwards only as a result of a cost increase in goods or services in accordance with the Producers Price Index(PPI) located at littp://stats.bls.�zov/p ip /hoiiie.htili. Vendor must comply with all requirements of Item 9 of Solicitation Number 12-036, Specification Number 12-968-61-3, contained in Exhibit "A" hereto,regarding price increases or decreases. s, 3 t. I s 6.01 INVOICES le le f; All invoices shall include, at a minimum,the following information: f A. Name and address of Vendor; , B. Purchase Order Number; ` s C. Description and quantity of items received; and D. Delivery dates. 7.01 INTERLOCAL COOPERATIVE CONTRACTING/PURCHASING Authority for local governments to contract with one another to peifomi 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. I 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 i lack of exception to this clause in the vendor's response. However, all parties hereby expressly agree that the City of Round Rock is not an agent of,partner to, or representative of those outside agencies or entities and that the City of Round Rock is not obligated or liable for any action or debts that may arise out of such independently-negotiated"piggyback"procurements. i 8.01 NON-APPROPRIATION AND FISCAL FUNDING i 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, any payment to be made by City will be made within 30 days of date City receives goods hereunder, the date the performance of the services hereunder are completed, or the date City receives a correct invoice for the goods or services, whichever is later. Vendor may charge interest on an overdue payment at the "rate in effect" on September 1 of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas Government Code, Section 2251.025(b). This Prompt Payment Policy does not apply to payments made by City in the event: A. There is a bona fide dispute between City and Vendor, a contractor, r subcontractor, or supplier about the goods delivered or the service perfonned that causes the payment to be late; or 5 g�ggg 1 4 ¢ 33 G` 1 l B. There is a bona fide dispute between Vendor and a subcontractor or between a i. 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. 10.01 GRATUITIES AND BRIBES , City may, by written notice to Vendor, cancel this Agreement without liability if it is determined by City that gratuities or bribes in the form of entertainment, gifts, or otherwise were offered or given by Vendor or its agents or representatives to any City officer, employee or elected representative with respect to the performance of this Agreement. In addition, Vendor may be subject to penalties stated in Title 8 of the Texas Penal Code. 1 11.01 TAXES City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be included in Vendor's charges. 1 12.01 ORDERS PLACED WITH ALTERNATE VENDORS If Vendor cannot provide the goods and services as specified, City reserves the right and option to obtain same from other suppliers or sources. 13.01 INSURANCE Vendor shall meet all requirements as stated in the attached Solicitation Number 12-036, Specification Number 12-968-61-3; and its response. 14.01 CITY'S REPRESENTATIVE t City hereby designates the following representative(s) authorized to act in its behalf with regard to this Agreement: Todd A. Keltgen Transportation Services, Operations and Maintenance Manager 910 Luther Peterson Place Round Rock,Texas 78664 512-218-5583 toddk@roundrocktexas.gov a: 15.01 RIGHT TO ASSURANCE i 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 5 i a t : Si assurance of the intent to perform. In the event that no written assurance is given within the reasonable time specified when demand is made, then and in that event, the demanding party may treat such failure as an anticipatory repudiation of this Agreement. . 16.01 DEFAULT A. If Vendor abandons or defaults under this Agreement and is a cause of City purchasing the specified goods and services elsewhere, Vendor agrees that it may be charged the difference in cost, if any, and that it will not be considered in the re-advertisement of the service F and that it may not be considered in future bids for the same type of work unless the scope of 1 work is significantly changed. t B. Vendor shall be declared in default of this Agreement if it does any of the following: 1. Fails to make any payment in full when due; 2. Fails to fiilly, timely and faithfully perform any of its material obligations under this Agreement; 3. Fails to provide adequate assurance of performance under the "Right to Assurance"section herein; or g 4. Becomes insolvent or seeks relief under the bankruptcy laws of the United States. 17.01 TERMINATION AND SUSPENSION !' A. City has the right to terminate this Agreement, in whole or in part, for convenience and without cause,at any time upon thirty(30)days' written notice to Vendor. ;' B. In the event of any default by Vendor, City has the right to terminate this Agreement for cause,upon ten(10)days' written notice to Vendor. C. Vendor has the right to terminate this Agreement for cause, that being in the event of a material and substantial breach by City, by providing City with one hundred twenty (120) ' days' written notice prior to termination of the Agreement; and in the event of such written notice of termination, Vendor shall continue services for a period of time not to exceed one hundred twenty (120) days after written notification. Termination under this subsection (C) of Section 17.01 shall not relieve Vendor of any obligation or liability that has occurred prior to cancellation. D. In the event City terminates under subsections (A) or (B) of this Section 17.01, the following shall apply: Upon City's delivery of the referenced notice to Vendor,Vendor shall is 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 a shall submit a statement showing in detail the goods and/or the services satisfactorily performed i 6 F s k Ff. 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. x 18.01 INDEMNIFICATION Vendor shall defend (at the option of City), indemnify, and hold City, its successors, assigns, officers, employees and elected officials harmless fiom 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 Iimit 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. l 19.01 COMPLIANCE WITH LAWS,CHARTER AND ORDINANCES l Vendor, its agents, employees and subcontractors shall use best efforts to comply with all applicable federal and state laws, the Charter and Ordinances of the City of Round Rock, as amended, and with all applicable rules and regulations promulgated by local, state and national boards,bureaus and agencies. 20.01 ASSIGNMENT AND DELEGATION The parties each bind themselves, their successors, assigns and legal representatives to i. each other with respect to the terms of this Agreement. A party shall neither assign, sublet nor transfer any interest in this Agreement without prior written authorization of the other party. 21.01 NOTICES A. All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows: 1. When delivered personally to recipient's address as stated in this Agreement;or 2. Three (3) days after being deposited in the United States mail, with postage prepaid to the recipient's address as stated in this Agreement. Notice to Vendor: i D.I.J. Construction,Inc. 1' Attention: Terry Nix Post Office Box 1609 Bertram,Texas 78605 7 t i s Notice to City: Steve Norwood Stephan L. Sheets City Manager City Attorney q 221 East Main Street AND TO: 309 East Main Street Round Rock,TX 78664 Round Rock,TX 78664 B. Nothing contained herein shall be construed to restrict the transmission of routine communications between representatives of City and Vendor. 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. 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. 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 l A. Standard of Care. Vendor represents that it employs trained, experienced and competent persons to perform all of the services, responsibilities and duties specified herein and that such services, responsibilities and duties shall be performed in a manner according to generally accepted industry practices. t t 8 i l t i E B. Time is of the Essence. Vendor understands and agrees that time is of the essence ` and that any failure of Vendor to fulfill obligations for each portion of this Agreement within the agreed timeframes will constitute a material breach of this Agreement. Vendor shall be fully responsible for its delays or for failures to use best efforts in accordance with the terms of this i 1, Agreement. Where damage is caused to City due to Vendor's failure to perform in these k circumstances, City may pursue any remedy available without waiver of any of City's additional legal rights or remedies. C. Force Majeure. Neither City nor Vendor shall be deemed in violation of this r Agreement if it is prevented from performing any of its obligations hereunder by reasons for which it is not responsible as defined herein. However, notice of such impediment or delay in performance must be timely given and all reasonable efforts undertaken to mitigate its effects. D. Multiple Counterparts. This Agreement may be executed in multiple counterparts, any one of which shall be considered an original of this document; and all of 1 which,when taken together,shall constitute one and the same instrument. IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates ' l indicated. k CITY OF ROUND ROCK,TEXAS D.I.J. CONSTRUCTION,INC. a Texas corporation 1` Q f By: By: � Title: Title: i' Printed Name: LA Printed Name: lerr rX k Date Signed: Date Signed: l FOR CITY,ATTEST: , Sara White, City Clerk FOR I Y,APPROVED S TO FORM: t an Sheets, I 1ty, Attorney E. a 9 i' SOLICITATION NUMBER 12-036 SPECIFICATION NUMBER 12-968-61-3 CITY OF ROUND ROCK INVITATION FOR BID REFLECTIVE THERMOPLASTIC AND PAINT PAVEMENT MARKINGS PART GENERAL 1. PURPOSE: The City of Round Rock, herein after"City", seeks an agreement with a qualified Individual, Firm,or Corporation, hereafter referred to as"Respondent",to provide all equipment, material and labor necessary for the application and removal of reflective thermoplastic and paint pavement markings throughout the City. 2. DEFINITIONS,TERMS AND CONDITIONS: By submitting a response to this solicitation,the Respondent agrees that the City's standard Definitions,Terms and Conditions, in effect at the time of release of the solicitation, shall govern unless specifically provided otherwise in a separate agreement or on the face of a purchase order. Said Definitions,Terms and Conditions are subject to change without notice. It is the sole responsibility of respondents to stay apprised of changes. The City's Definitions,Terms and Conditions can be obtained from the City's website http://www.roundrocktexas.qov/home/index.asp?pace=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.(iovlhome/index.asp?paqe=463. 4. ATTACHMENTS: Attachments A and B are herein made a part of this solicitation: ; 4.1. Attachment A: Reference Sheet 4.2. Attachment B: Previous Bid Tabulation from Solicitation#11-017 5. CLARIFICATION: For questions or clarifications of specifications,you may contact: { E Deborah Knutson Purchasing Department i City of Round Rock Telephone:512-218-5456 ` dknutson@roundrocktexas.gov 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 Department. 6. RESPONDENT QUALIFICATIONS: The opening of a solicitation 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 i' City. 6.3. Identify any subcontractors to be used for this project. The City reserves the right to approve or disapprove all subcontractors prior to any work being performed. 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 within the last two(2)years. 7. BEST VALUE EVALUATION AND CRITERIA: All solicitations received may be evaluated based on the best value t for the City. In determining best value,the City may consider: 7.1. Purchase price: 7.2. Reputation of Respondent and of Respondent's goods and services; EXHIBIT 1 tl T ll :' of 8 1'1 A ) SOLICITATION NUMBER 12-036 SPECIFICATION NUMBER 12-968.61-3 7.3. Quality of the Respondent's goods and services; 7.4. The extent to which the goods and services meet the City's needs; 7.5. Respondent's past relationship with the City; t 7.6. The total long-term cost to the City to acquire the Respondent's goods or services; z 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. t t 8. AGREEMENT TERM: The terms of the awarded agreement shall be based on the following: �P 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 prior to the expiration of the current term. 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. 8.3. If the respondent fails to perform its duties in a reasonable and competent manner,the City shall provide the respondent written notice of the deficiencies and the respondent shall have thirty(30)days to correct such deficiencies. If the respondent fails to correct the deficiencies within the thirty(30)days,the City may f terminate the agreement by giving the respondent written notice of termination and the reason for the termination. 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 only as a result of a change in cost in accordance with the Producers Price Index(PPI)located at http://stats.bls.gov/ppi/home.htm.At the time of said Agreement,the successful Respondent shall identify the official PPI name,date and rate used in the response. Index shall meet with City's approval. Any price increase shall be requested by the successful Respondent in writing and accompanied with the appropriate documentation to justify the increase. The successful Respondent may offer price decreases in excess of the allowable percentage change. 9.1.1. 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. i 9.1.1.1.A=Baseline index from the month in which the solicitations opened or the month of the last ` approved price increase. 9.1.1.2. B=Current and/or latest baseline index ' 9.1.1.3."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 % 9.1.2. 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. (, 9.2. PROCEDURE TO REQUEST INCREASE OR OFFER DECREASE. 9.2.1. 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. City of Round Rock l Purchasing Department ATTN:Contract Specialist r 221 E. Main Street Round Rock,Texas 78664-5299 2of8 l f SOLICITATION NUMBER 12-036 SPECIFICATION NUMBER 12-968-61-3 9.2.2. 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 agreement or purchase order if an agreement cannot be reached on the value of the increase. 10. AWARD: The City,reserves the right to enter into an agreement or a purchase order with a single award, split awards, 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 t" http:l/www.roundrocktexas.gov/home/index.asp?gape=463. t 11. ACCEPTANCE:Acceptance inspection should not take more than five(5)working days. The vendor will be notified within this time frame if the goods delivered or services rendered are not in full compliance with the specifications. If any agreement or purchase order is canceled for non-acceptance,the needed good or service 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: is 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. The 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 t 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. 13. NON-APPROPRIATION: The resulting Agreement is a commitment of the City's current revenues only. It is understood and agreed the City shall have the right to terminate the Agreement at the end of any City fiscal year if r the governing body of the City does not appropriate funds sufficient to purchase the estimated yearly quantities,as determined by the City's budget for the fiscal year in question. The City may affect such termination by giving t Vendor a written notice of termination at the end of its then current fiscal year. i 14. INTERLOCAL COOPERATIVE CONTRACTING(PIGGYBACK): Other governmental entities may be extended the opportunity to purchase off of the City's Agreements,with the consent and agreement of the awarded vendor(s)and the i City. Such consent and agreement shall be conclusively inferred from lack of exception to this clause in a Respondent's submittal. However,all parties indicate their understanding and 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. g' I. t: ¢d; t 5 gg� E' fikfi f r}' Pxx t 3of8 ?' i' : It I SOLICITATION NUMBER P 12-036 ; SPECIFICATION NUMBER ; 12-968-61-3 PART II SCHEDULE 1. SOLICITATION SCHEDULE: It is the City's intention to comply with the following solicitation timeline: 1.1. Solicitation released June 23,2012 1.2. Deadline for questions July 10,2012 1.3. City responses to all questions or addendums July 17,2012 r, 1.4. Responses for solicitation due by 3:00 PM July 24,2012 All questions regarding the solicitation shall be submitted in writing by 5:00 PM on the due date noted in PART ll, Paragraph 1,sub-paragraph 1.3. A copy of all the questions submitted and the City's response to the questions shall be posted on our webpage, http://www.roundrocktexas.ciovlhome/index.asp?page=463. Questions shall be submitted to the City contact named in PART I, Paragraph 5. The City reserves the right to modify these dates. Notice of date change will be posted to the City's website. *************************SOLICITATION UPDATES************************* 2. SOLICITATION UPDATES: Respondents shall be responsible for monitoring the City's website at http:/lwww.roundrocktexas.aov/home/index.asp?page=463 for any updates pertaining to the solicitation described herein. Various updates may include addendums, cancelations, 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. E 3. RESPONSE DUE DATE: Signed and sealed responses are due no later than 3:00 PM,on the date noted above to t the Purchasing Department. Mail or carry sealed solicitations to: k• City of Round Rock ° Purchasing Department 221 E. Main Street t Round Rock,Texas 78664-5299 3.1. Responses received after this time and date shall not be considered. 3.2. Sealed responses shall be clearly marked on the outside of packaging with the Solicitation title,number,due date and"DO NOT OPEN". 3.3. Facsimile or electronically transmitted responses are not acceptable. ' 3.4. Late responses will be returned to Respondent unopened if return address is provided. 4. POST AWARD MEETING: The City and Respondent shall have a post award meeting to discuss, but not be limited g to the following: ; 4.1. Provide City contact(s)information for implementation of agreement. 4.2. Agreement terms and conditions. 4.3. Identify specific milestones,goals and strategies to meet objectives. a ( 4 Y 4of8 l( 3 C l SOLICITATION NUMBER 12-036 SPECIFICATION NUMBER 12-968.61-3 , PART III SPECIFICATIONS 1. PURPOSE:The City of Round Rock seeks to establish a multiple year agreement with a qualified Respondent to k provide all equipment, material and labor necessary for the application and removal of reflective thermoplastic and paint pavement markings. Application shall be machine applied or hand applied per the instruction of the City's representative. I' , 2. LOCATION OF STREETS: All streets shall be within the City limits of Round Rock. Successful respondent shall perform work as specified on those streets designated by City's representative through a written Notice To Proceed. r 3. STANDARD:All materials, equipment,construction, preparation, application and removal methods shall be in accordance with the City of Round Rock's Design and Construction Standards(DACS), Series 800—Urban Transportation. 3.1 Item No. 861, Reflectorized Pavement Marking,dated January 1, 2005 or latest revision. t 3.2 Item No. 874, Elimination of Pavement Marking,dated January 1,2005 or latest revision. 3.3 DACS are available on the City's website at: http://www.roundrocktexas.gov/docs/ss 800.pdf, t. t 4. SERVICE RESPONSIBILITIES: The Respondent shall provide the following: 4.1 Services shall include materials,equipment, construction methods, measurement, application and removal of markings of the specified types, colors,shapes, sizes,widths, and thickness shown on plans or as the City may require from time to time 4.2 Coordination with the City to develop a project schedule that is mutually agreeable to both parties. . r 4.3 A list of responsible representatives with names,titles,addresses and telephone numbers shall be furnished to the City. 4.4 Staffing for each job with sufficient personnel for a safe and timely completion. ; 4.5 All equipment used by the Respondent to perform services requiring licensing and inspection shall be licensed and inspected by the Texas Department Transportation and shall comply with all applicable State, Federal and OSHA Regulations. 4.6 Traffic control during projects for the duration of each job consistent with the provisions set forth in the "1980 Texas Manual on Uniform Traffic Control Devices for Streets and Highways"or the latest revisions e thereof, issued under the authority of the"State of Texas Uniform Act Regulating Traffic on Highways", codified as Article 6701 d Vernon's Civil Statutes, pertinent sections being Section Nos.27,29, 30 and 31. 4.7 All steps necessary to ensure all areas of the construction site remain in a neat and litter-free condition. 5. ORDER QUANTITY: The quantities shown on the solicitation are estimates only..No guarantee of any minimum or maximum purchase is made or implied. The City will only order the products or services needed to satisfy operating requirements within budgetary constraints,which may be more or less than indicated. 6. PERMITS: The successful Respondent shall obtain necessary permits or licenses and pay any related fees or taxes required by governing agencies. City of Round Rock fees may be waived. 7. DAMAGE: The successful Respondent shall be responsible for damage to the City's equipment and/or property, the workplace and its contents by its work, negligence in work, its personnel and equipment. l 8. PENALTIES: In the event of default by successful respondent or non-acceptance by City,the City shall be j entitled to damages, costs, losses and expenses, incurred by the City as a result of the Vendor's default or City's non-acceptance. t' t: i< 5Of8 : t SOLICITATION NUMBER 12-036 g' SPECIFICATION NUMBER ! 12-968-61-3 PART IV RESPONSE REQUIREMENTS 1. RESPONSE REQUIREMENTS: Respondent shall submit one(1)executed(signed)original and five(5) copies of each response. Completed documentation shall include,at a minimum: 1.1 Itemized,signed solicitation document. Failure to itemize solicitation may result in disqualification. 1.2 Attachment A: Reference sheet that shall include the name,address,active telephone number and valid E-mail address of at least three(3)firms applicable to Municipal and Government projects that have ; utilized similar services within the past two(2)years.References shall include Business Name,Contact Name,Address,Telephone,and e-mail. An active e-mail address is required. Failure to provide reference information may result in disqualification. A reference form is contained as a part of this submittal package. r e . r. ( x k 5 f, g€t S' s i i z is F e 3 a 1 f. u w t r i 4 6Of8 rt i 4 F l i : a %I ND ROCK.TUAS H'NIrK(.IStSst�t 1'P.1%fIN1i1" f: BID FORM '' PURCHASING DEPARTMENT 221 E. Main Street•Round Rock,Texas 78664-5299 Solicitation Number: ##12-036 Tax ID Number: 7q ' zzq 1W(0 Solicitation Name: Reflective Thermoplastic Business Name: Q.'rQT CO1 Ot). In(- and Paint Pavement Markings Address: Ay. 80X 110 C Opening Date: July 24,2012 ' Address: P.�T�F'LLrrly TX. 786.5 . Opening Time: On or Before 3:00 PM CST Contact: /e-t\r U Opening Location: City of Round Rock « Telephone: City Hall 211 E.Main Street Entity Type: Round Rock,TX 78664 E-mail HOW DID YOU HEAR ABOUT FHIS ❑Newspaper ©City's Website [JE-mail Announcement ❑ESBD ❑Other • FIRST TINIE 15 YOUR BUSINESS RESPONDI'IS ❑Yes ❑ No REGISTERED WITH I ✓I Yes ❑ No Register at: roundrocktexes.gov/Vendorcentral OP ROUND D0 R C E NTRAL } BID SHEET MACHINE MACHINE HAND ITEM ESTIMATED APPLIED APPLIED APPLIED HAND APPLIED # DESCRIPTION QTY UNIT UNIT PRICE EXTENSION UNIT PRICE EXTENSION 3% TYPE 1 THERMOPLASTIC REFLECTORIZED 1 PAVEMENT MARKING: 325,000 LF $.�� $1'3 16. 0 2 TYPE 1 THERMOPLASTIC REFLECTORIZED 80,000 LF $ $ PAVEMENT MARKING: (�©C) rw too k' 1 TYPE 1 THERMOPLASTIC REFLECTORIZED i- 3 PAVEMENT WORDS: 100 EA $ $ 100.00 l O om 4 TYPE 1 THERMOPLASTIC REFLECTORIZED 400 EA $ $ PAVEMENT SHAPES: 2� Q ,, 1 TYPE I THERMOPLASTIC REFLECTORIZED 5 400 EA $ n� PAVEMENT SYMBOLS: Lv.1�� $ i�,�� `C 1 6 TYPE 11 PAINT PAVEMENT MARKING: 25,000 LF $ $ 7 TYPE II PAINT PAVEMENT MARKING: 5,000 LF $ 2,9 S TYPE 11 PAINT PAVEMENT WORDS: 100 EA $ + iJ` $ 5tti 01D a i s e 1 s BID SHEET ContillUed ITEM ESTIMATED MACHINE MACHINE HAND HAND APPLIED DESCRIPTION UNIT APPLIED APPLIED APPLIED # QTY EXTENSION UNIT PRICE EXTENSION UNIT PRICE 9 TYPE II PAINT PAVEMENT SHAPES: 400 EA $ $ I'�' ob � OCA 10 TYPE II PAINT PAVEMENT SYMBOLS: 400 EA $ $ �b�bo I6 G'00 I 11 MARKING ELIMINATION 30,000 LF $ $ 13 500a �I 12 RAISED PAVEMENT MARKERS 1,000 EA J i t t r By the signature hereon affixed,the Respondent hereby certifies that neither the respondent nor the entity represented by the respondent,or anyone acting for such entity has violated the antitrust laws of this State,codified in Section 15.01 et seq.,Texas Business and Commerce Code, or the Federal antitrust laws,nor communicated directly or indirectly,the response made to any competitor or any other person engaged in such line of business. Further,by signing and submitting this response the Respondent acknowledges that they have read and fully understand the solicitation. The Respondent agrees to comply with all terms and conditions set forth in this solicitation. Failure to sign response will disqualify response. ) Facsimile responses shall not be accepted. Sealed response envelope shall be clearly marked with solicitation name,solicitation number and name of responding entity. t e The agreement or purchase order resulting from this solicitation may qualify for Interlocal or Cooperative Contracting(Piggybacking)per the terms outlined in Part 1,#14 of this solicitation. If applicable,do you agree to'piggyback"purchasing from other governmental agencies? Yes ❑ No o- Response shall include one(1)signed original and five(5)copies of each response. Printed Name Authorized S' mature Date i Solicitation Number: #12-036 g t -}-2rY1 4 �9 T111 * `T-61 "SAAPES O7 Spe-ed d amp Mark' J is Vem 4 )b 'TV 1 r Y LL "Syrr,6c�s ' �on��st � � ; �!-rowS , �' h� Cross1:rx`, s t-1/c •f rY 60 t �.e. 6,V011 130 . i s 4 J r: s SOLICITATION NUMBER € 12-036 F; SPECIFICATION NUMBER 12-968-61-2 SOLICITATION INSTRUCTIONS ITEMS BELOW APPLY TO AND BECOME A PART OF TERMS AND CONDITIONS OF SOLICITATION ANY EXCEPTIONS THERETO MUST BE IN WRITING 3' 1, SOLICTTATiON REQUIREMENTS: 1.1 Responding requires pricing per unit shown and extensions. If trade dncotrd is shown on solicitation, it stautd be deducted and net Ina extensions shown. Respondents guarantees product offered will meet or exceed specifications identfied in this Invitation For Bid(IFB). 12 Soldtations shall be submitted on Solicitation Shest Each response shag be aced in a ate en come and identified. R y �^ PI sopor completely ProP�y� Responses must be in the Purchasing Department before the hour and date specified on the solicitation. 1.3 Late responses properly idenflfed will be returned to respondent unopened.tate responses wig not be considered. I A Respond F.O.B.destination,freight,prepaid,&allowed unless otherwise specified on the solicitaliaL If otherwise,shore exact oast to delver, 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 shag govern. Responses subject to unlimited price Increase will not be considered. 1.6 Submided prices shalt be firm for acoeptanos 30 days from solicitation opening date. "Discount from LisC responses are not acceptance unless requested Cash dtemunl will not be considered fi determining the tow response.All cash discounts offered will be taken if earned. 1.7 Responses shag give Tarr identification Number,fug new and address of responderR Failure to sign will niaquafity,response. Person signing response shall show dia and authority to bbd signatories firm in an agreement. Firm name should appear on each page In the block provided in the upper right corner. Busirreas Entity shag be a one(1)of the following:Individual,Partnership,Sole Proprietorship.EstatefTrust,Corporation,Governmental.Non-profit,all others shah be specified. INDIVIDUAL:list name and number as shown on Salol Seemly Card. SOLE PROPRIETORSHIP:List legal name followed by legal business name and Social Security Number. ALL e OTHERS:List legal name of entity and Tax Iden ilkagon Number(TIN). 1.8 Responses carrtot be akered or amended after opening time. Any Almrations made before opening time shall be initiated by respondent or an authorized agent No response can be withdrawn after opening tme without approval of the CI7Y 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 beat 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 andlar Investigation for aritltrust violations. 1.12 Telephone,facsimile,and electronically branarrritted responses are not acceptable in response to the solcitagon. 1.13 CAUTION:Sdbbdm invitation allows suflident time for receipt of the preferred mag response. The City shall not be responsible for responses received lute,Illegible. Incomplete,or otherwise non-responsive. , 2. SPECIFICATION: 2.1 Any catalog,brand name or manufacturers reference used in the solicitation is descriptive only(rat restrictive),and is used to Indicate type and quality desired. Responses on brands of like nature and quality well 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,frustrations and complete descriptions or product offered are requested to be made a part of the response. If respondent takes no kions to specifications or reference data in response,respondent will be required to famish brand names,numbers,air-,as specified in the soldiallm. a. 2.2 All items on the solicitation shell be new,In fust class eondhion,Including contakners 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 furnished free of expense lo the City. If not destroyed in examination,they will be returned to the respondent,on request,at E' 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. 1` 2.4 The City wig not be bound by any oral statement or representation contrary to the written specifications of the sorrafabori. 2.5 Manufacturers standard wananiy shelf apply unless otherwise stated in the solidtetion. 3, TIE RESPONSES: In case of tie responses,the crani will be made in accordance with Section 271.901 of the Texas Loral Government Code. 4. DELIVERY: 4.1 Response shag show number of days required to place material in City's designated location under normal mncitions. Failure b state deliver time obligates respondent to complete delivery In fourteen(14)calendar days. Unreallsticaly short or long delivery promises may cause response to be disregarded. Consistent failure to meet delivery promises v#ImA valid reason may cause removal from Vendor IisL(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 dale If reasons appear valid. Vendor shag keep the City advised at all times of status of order. Default in promised delivery(without acceptable reasons)or failure to meet specifications,authochm the City to purchase supplies elsewhere and charge full increase,if arty,in cost and handling to defaulting Vendor. 4.3 No substitutions or cancellations permitted without written approval of the City. 4A Delivery shall be made daring normal waking hours only,unless prior approval for late delivery has been obtained from the City,unless otherwise specified in the , solicitation. 5. INSPECTION AND TESTS: All goods will be subject to inspection and test by the City to the extent practicable at sit times and places. Auduxized 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 from regular shipments. it the products tested fag to meet or exceed all conditions and requirements of the specifications,the cost of the sample used and the cost of the a testing shell be borne by the supplier. Goods,which have been delivered and rejected In whole or In part,may,at the Ciys option,be retumed to the Vendor or held for disposition at Vendors risk and expense.I-dard 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,cord ions,and specifications contained in the solidtallm Responses do not become agreements or purchase orders unless and until they are accepted by the City ttuough 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 Stabs of Texas. AO agreements or r purchase orders are subject to the approval of the City Council or Manager. 7. PAYMENT:Vendor shag submit three(3)copies of an invoice showkg the agreement or purchase order number on all copies. g` 8. PATENTS AND COPYRIGHTS: The Respaded agrees to protect the City from claims involving infringermente or patents or copyrights. 9. RESPONDENT ASSIGNMENTS. Respondent hereby assigns to the purchaser any and all claims for overcharges associated with Bis agreement which arise under lite antitrust laws of the State of Texas.TX,Bus.And Comm.Code Ana Sec.15.01,at seq.(1967). 10. RESPONDENT AFFIRMATION: 10.1 Sfgnkg the response vMh a false statement is a material breach of agreement and shag void the submitted response or any resulting agreements,and the Respondent shall be removed from all Vendor Ilsts. By signature hereon affixed,the respondent hereby certifies the t` 10.2 The respondent has not given,offered to give,nor Intends to give any time hereafter any economic opportunity,!afore employment,gift,ban,gratuity,spacial disconrnt 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,partnershiA or any erddy represented by the respondent,or anyone acting for such firm,corporation,or antily has violated the antitrust laws of this State codified in Section 15.01 et Seq.Texas Business and Commercial Code,or the Federal Antitrust Levis,car 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 mrnpeneation for participation in the preparation of the specification for the solicitation. 11. NOTE TO RESPONDENTS: Any terms and conditions aMadted to response will not be considered unless the respondent specifically references them on the front of the p 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 remedles,eta) The City of Round Rock can only aompl responses which contain all the terns and connitions of its formal solicitation;in particular, t' t; all respondents'affirmations and certifications Runt be included. Submission of responses on forms other them City's form may result In disqualfieabah of your response. 12. INQUIRIES: Inquiries pertaining to Solicitation invitations must give Solicitation number,codes,and opening date. 7 Of 8 s j f s' 3." s: SOLICITATION NUMBER 12-036 SPECIFICATION NUMBER 12-968.61-2 z ATTACHMENT A RESPONDENT'S REFERENCE SHEET s PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE P SOLICITATION NUMBER: 12-036 e RESPONDENT'S NAME: D L .T rnnctrttnf inn- In(Q�4TE: (l7_24-1 . Provide the name,address,telephone number,e-mail address and point of contact of at least three(3) firms applicable to Municipal and/or Government projects that have utilized similar service within the last two(2)years. An active e-mail address is required. 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 City of Georgetown, Texas Name of Contact gill Robinson Title of Contact . Coordinator q E-Mail Address hi 11 rnhinann c[anrc1Af-nwn_nrg Present Address 300-1 1^ndiist•r i__.1Ave,— City,State,Zip Code rPnrC1efnwn, Texa_a 7962f; I Telephone Number Fax Number:{ 51 2)9 3 2. Company's Name wi l_�.i.amas2n_Cs2tartIr Name of Contact Ron RnhPrf s Title of Contact E-Mail Address rrohsrt.-,Lwa 1 CQ or Present Address 3151 SE Inner Loop Ste B City,State,Zip Code Georgetown, Texas 78626 Telephone Number ( 512 ) 663-1139 Fax Number.( 512)943-3335 3. Company's Name Texas Dept of Transports ion Name of Contact Howard Lyons Title of Contact Area Engineer I E-Mail Address _howard.loons txdot.qov Present Address 3029 H SH 29 City,State,Zip Code Burnet, _Tex s 78611 Telephone Number ( 51 2 ) 756-2316 Fax Number:( 512) 756-4251 FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD. E I 8ofa i