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R-2014-1405 - 5/8/2014RESOLUTION NO. R-2014-1405 WHEREAS, the City of Round Rock has duly advertised for bids for grounds maintenance services, and WHEREAS, Heart of Texas Landscape and Irrigation Co., Inc. has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Heart of Texas Landscape and Irrigation Co., 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 Grounds Maintenance Services with Heart of Texas Landscape and Irrigation Co., Inc., a copy of said Agreement being attached hereto as Exhibit "A" and incorporated herein. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 8th day of May, 2014. ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: SARA L. WHITE, City Clerk 0112 1404, 00297680 CEXHIBIT l „„A„A» CITY OF ROUND ROCK AGREEMENT FOR GROUNDS MAINTENANCE SERVICES WITH HEART OF TEXAS LANDSCAPE AND IRRIGATION CO., INC. THE STATE OF TEXAS CITY OF ROUND ROCK COUNTY OF WILLIAMSON COUNTY OF TRAVIS KNOW ALL BY THESE PRESENTS: THAT THIS AGREEMENT for ground maintenance services, and for related goods and services, (referred to herein as the "Agreement"), is made and entered into on this the day of the month of , 2014 by and between the CITY OF ROUND ROCK, a Texas home -rule municipality, whose offices are located at 221 East Main Street, Round Rock, Texas 78664-5299 (referred to herein as "City"), and HEART OF TEXAS LANDSCAPE & IRRIGATION CO., INC., whose offices are located at P.O. Box 1236 Belton, TX 76513 (referred to herein as "Services Provider"). RECITALS: WHEREAS, City desires to purchase grounds maintenance services, and to purchase related goods and services, and City desires to procure same from Services Provider; and WHEREAS, City has issued its "Invitation for Bid" for the provision of said goods and services, and City has selected the bid submitted by Services Provider; 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 sufficiency and receipt of which are hereby acknowledged, it is mutually agreed between the parties as follows: 1.01 DEFINITIONS A. Agreement means the binding legal contract between City and Services Provider whereby City is obligated to buy specified services and Services Provider is obligated to sell same. The Agreement includes the following: (a) City's Invitation for Bid designated Solicitation Number 14-011 dated February 2014, Addendum No. 1 dated March 4, 2014, and Addendum No. 2 dated March 10, 2014 (collectively "IFB"); (b) Services Provider's Response to IFB; (c) contract award; and (d) any exhibits, addenda, and/or amendments thereto. Any 0029664 ! /ss2 inconsistencies or conflicts in the contract documents shall be resolved by giving preference in the following order: (I) This Agreement; (2) Services Provider's Response to IFB; (3) City's 1FB, addendums, exhibits, and attachments. B. City means the City of Round Rock, Williamson and Travis Counties, Texas. C. Effective Date means the date upon which the binding signatures of both parties to this Agreement are affixed. D. Force Majeure means acts of God, strikes, lockouts, or other industrial disturbances, acts of the public enemy, orders of any kind from the government of the United States or the State of Texas or any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, restraint of the government and the people, civil disturbances, explosions, or other causes not reasonably within the control of the party claiming such inability. E. Goods and services mean the specified services, supplies, materials, commodities, or equipment. 2.01 EFFECTIVE DATE, TERM, ALLOWABLE RENEWALS, PRICES FIRM A. This Agreement shall be effective on the date this Agreement has been signed by each party hereto, and shall remain in full force and effect unless and until it expires by operation of the term indicated herein, or is terminated or extended as provided herein. B. The term of this Agreement shall be for thirty-six (36) months from the effective date hereof. After that term, this Agreement may be renewed for two (2) successive twelve- month periods, under the same terms and conditions, only upon the express written agreement of both parties, and only provided that the Services Provider has performed each and every contractual obligation specified in this Agreement. C. Prices shall be firm for the duration of this Agreement and for any renewal periods. No separate line item charges shall be permitted for invoicing purposes, including but not limited to equipment rental, demurrage, costs associated with obtaining permits, or any other extraneous charges. D. City reserves the right to review the relationship at any time, and may elect to terminate this Agreement with or without cause or may elect to continue. 2 3.01 CONTRACT DOCUMENTS AND EXHIBITS City selected Services Provider to supply the services as outlined in the IFB and Response to 1FB submitted by Services Provider, all as specified in Exhibit "A." The intent of these documents is to formulate an Agreement listing the responsibilities of both parties as outlined in the 1FB and as offered by Services Provider in its Response to the IFB. The 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 fully a part of this Agreement as if repeated herein in full. 4.01 ITEMS AWARDED; AND SCOPE OF WORK Items Awarded. All bid items in Exhibit "A" are awarded to Services Provider. Scope of Work: For purposes of this Agreement, City has issued documents delineating the required services (specifically IFB 14-011 dated February 2014, Addendum No. 1 dated March 4, 2014, and Addendum No. 2 dated March 10, 2014). Services Provider has issued its response agreeing to provide all such required services in all specified particulars. All suchreferenced documents are included in Exhibit "A" attached hereto and made a part hereof for all purposes. When taken together with the appended exhibits, this Agreement shall evidence the entire understanding and agreement between the parties and shall supersede any prior proposals, correspondence or discussions. Services Provider shall satisfactorily provide all services described under the attached exhibits within the contract term specified in Section 2.01. Services Provider's undertakings shall be limited to performing services for City and/or advising City concerning those matters on which Services Provider has been specifically engaged. Services Provider shall perform its services in accordance with this Agreement, in accordance with the appended exhibits, in accordance with due care, and in accordance with prevailing industry standards for comparable services. 5.01 COSTS Bid costs listed on the Bid Sheet, page fifteen (15) of Exhibit "A," in the amount of Twenty - Four Thousand One Hundred Sixty -Seven and 34/100 Dollars (524,167.34) per year, shall be the basis of any charges collected by the Services Provider. 6.01 INVOICES All invoices shall include, at a minimum, the following information: A. Name and address of Services Provider; 3 B. Purchase Order Number; C. Description and quantity of items received or services provided; and D. Delivery or performance dates. 7.01 INTERLOCAL COOPERATIVE CONTRACTING / PURCHASING Authority for local governments to contract with one another to perform certain governmental functions and services, including but not limited to purchasing functions, is granted under Government Code, Title 7, Chapter 791, Interlocal Cooperation Contracts, Subchapter B and Subchapter C, and Local Government Code, Title 8, Chapter 271, Subchapter F, Section 271.101 and Section 271.102. Other governmental entities within the State of Texas may be extended the opportunity to purchase off of the City's bid, with the consent and agreement of the successful services provider(s) and the City. Such agreement shall be conclusively inferred for the services providers from lack of exception to this clause in the services provider's response. However, all parties hereby expressly agree that the City is not an agent of, partner to, or representative of those outside agencies or entities and that the City is not obligated or liable for any action or debts that may arise out of such independently -negotiated "piggyback" procurements. 8.01 NON -APPROPRIATION AND FISCAL FUNDING This Agreement is a commitment of City's current revenues only. It is understood and agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year if the governing body of City does not appropriate funds sufficient to purchase the services as determined by City's budget for the fiscal year in question. City may effect such termination by giving Services Provider a written notice of termination at the end of its then current fiscal year. 9.01 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Services Provider will be made within thirty (30) days of the day on which City receives the performance, supplies, materials, equipment, and/or deliverables, or within thirty (30) days of the day on which the performance of services was complete, or within thirty (30) days of the day on which City receives a correct invoice for the performance and/or deliverables or services, whichever is later. Services Provider may charge interest on an overdue payment at the "rate in effect" on September 1 of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas Government Code, Section 2251.025(b); however, this Policy does not apply to payments made by City in the event: A. There is a bona fide dispute between City and Services Provider, a contractor, subcontractor or supplier about the goods delivered or the service performed that 4 cause the payment to be late; or B. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or C. There is a bona fide dispute between Services Provider and a subcontractor or between a subcontractor and its supplier about the goods delivered or the service performed that causes the payment to be late; or D. Invoices are not mailed to City in strict accordance with instructions, if any, on the purchase order or the Agreement or other such contractual agreement. 10.01 GRATUITIES AND BRIBES City may, by written notice to Services Provider, cancel this Agreement without liability to Services Provider if it is determined by City that gratuities or bribes in the form of entertainment, gifts, or otherwise were offered or given by Services Provider or its agents or representatives to any City officer, employee or elected representative with respect to the performance of this Agreement. In addition, Services Provider 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 Services Provider's charges. 12.01 ORDERS PLACED WITH ALTERNATE SERVICES PROVIDERS If Services Provider cannot provide the goods as specified, City reserves the right and option to obtain the products from another supplier or suppliers. 13.01 INSURANCE Services Provider shall meet all insurance requirements as stated in the attached IFB, including all attachments and exhibits thereto, and Services Provider's bid response. 14.01 CITY'S REPRESENTATIVE City hereby designates the following representative authorized to act in its behalf with regard to this Agreement: Randy Gordon Parks and Recreation Department City of Round Rock 5 301 West Bagdad Street, Suite 250 Round Rock, Texas 78664 512-341-3340 15.01 RIGHT TO ASSURANCE Whenever either party to this Agreement, in good faith, has reason to question the other party's intent to perform hereunder, then demand may be made to the other party for written assurance of the intent to perform. In the event that no written assurance is given within the reasonable time specified when demand is made, then and in that event the demanding party may treat such failure as an anticipatory repudiation of this Agreement. 16.01 DEFAULT If Services Provider abandons or defaults under this Agreement and is a cause of City purchasing the specified goods elsewhere, Services Provider 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. Services Provider shall be declared in default of this Agreement if it does any of the following: A. Fails to make any payment in full when due; B. Fails to fully, timely and faithfully perform any of its material obligations under this Agreement; C. Fails to provide adequate assurance of performance under the "Right to Assurance" section herein; or D. Becomes insolvent or seeks relief under the bankruptcy laws of the United States. 17.01 TERMINATION AND SUSPENSION A. City has the right to terminate this Agreement, in whole or in part, for convenience and without cause, at any time upon thirty (30) days' written notice to Services Provider. B. In the event of any default by Services Provider, City has the right to terminate this Agreement for cause, upon ten (10) days' written notice to Services Provider. 6 C. Services Provider has the right to terminate this Agreement only for cause, that being in the event of a material and substantial breach by City, or by mutual agreement to terminate evidenced in writing by and between the parties. D. In the event City terminates under subsections (A) or (B) of this section, the following shall apply: Upon City's delivery of the referenced notice to Services Provider, Services Provider 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, Services Provider shall submit a statement showing in detail the goods and/or services satisfactorily performed under this Agreement to the date of termination. City shall then pay Services Provider that portion of the charges, if undisputed. The parties agree that Services Provider 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 Services Provider shall defend (at the option of City), indemnify, and hold City, its successors, assigns. officers, employees and elected officials harmless from and against all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and any and all other costs or fees arising out of, or incident to, concerning or resulting from the fault of Services Provider, or Services Provider's agents, employees or subcontractors, in the performance of Services Provider'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 Services Provider (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 Services Provider, 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 hereby bind themselves, their successors, assigns and legal representatives to each other with respect to the terms of this Agreement. Neither party shall assign, sublet or transfer any interest in this Agreement without prior written authorization of the other party. 7 21.01 NOTICES All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows: 1. When delivered personally to the recipient's address as stated in this Agreement; or 2. Three (3) days after being deposited in the United States mail, with postage prepaid to the recipient's address as stated in this Agreement. Notice to Services Provider: Heart of Texas Landscape and Irrigation Co., Inc. Attn: Dustin Finch P.O. Box 1236 Belton, TX 76513 Notice to City: Steve Norwood, City Manager 221 East Main Street AND TO: Round Rock, TX 78664 Stephan L. Sheets, City Attorney 309 East Main Street Round Rock, TX 78664 Nothing contained herein shall be construed to restrict the transmission of routine communications between representatives of City and Services Provider. 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 Services Provider and City. This Agreement may only be amended or supplemented by mutual agreement of the parties hereto in writing, duly authorized by action of the City Manager or City Council. 8 24.01 DISPUTE RESOLUTION City and Services Provider 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 Standard of Care. Services Provider represents that it employs trained, experienced and competent persons to perform all of the services, responsibilities and duties specified herein and that such services, responsibilities and duties shall be performed in a manner according to generally accepted industry practices. Time is of the Essence. Services Provider understands and agrees that time is of the essence and that any failure of Services Provider to fulfill obligations for each portion of this Agreement within the agreed timeframes will constitute a material breach of this Agreement. Services Provider shalt 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 Services Provider's failure to perform in these circumstances, City may pursue any remedy available without waiver of any of City's additional legal rights or remedies. Force Majeure. Neither City nor Services Provider shall be deemed in violation of this Agreement if it is prevented from performing any of its obligations hereunder by reasons for which it is not responsible as defined herein. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. Multiple Counterparts. This Agreement may be executed in multiple counterparts, any one of which shall be considered an original of this document; and all of which, when taken together, shall constitute one and the same instrument. 9 IN WITNESS WHEREOF, City and Services Provider have executed this Agreement on the dates indicated. City of Round Rock, Texas Heart of Texas Landscape and Irrigation Co., Inc. By: By: Printed Name: Printed Name: Fi ✓x.,' Title: Title: I ref-- vnc "3'1 eft." Date Signed: Date Signed: ,--)/s c/is.f 11) Attest: By: Sara L. White, City Clerk For City, Approved as to Form: By: Stephan L. Sheets, City Attorney I0 ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY. City of Round Rock, Texas Purchasing Division 221 East Main Street Round Rock, Texas 78664-5299 www.roundrocktexas.gov INVITATION FOR BID (IFB) GROUNDS MAINTENANCE SERVICES SOLICITATION NUMBER 14-011 February 2014 EXHIBIT «A„ Grounds Maintenance Services IFR Solicitation No. 14-011 Class/Item: 988-361988-75 February 2014 CITY OF ROUND ROCK INVITATION FOR SOLICITATION NUMBER 14-011 GROUNDS MAINTENANCE SERVICES PART I GENERAL 1. PURPOSE: The City seeks to establish a multiple year contract with a qualified person, firm or corporation, herein after "Respondent', to provide full, turnkey services inclusive of necessary equipment and labor to maintain grounds on various City park properties, herein after "Services". Vendor shall provide Services to include, but not be limited to, mowing, edging and trimming, raking, removing and disposing of litter as needed within the specified time period(s). City park properties shall be clearly identified within this solicitation and herein referred to as "Project Areas". Project Areas are identified in ATTACHMENT D1 — D11. 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.qovibids. 3. INSURANCE: The Respondent shall meet or exceed ALL insurance requirements set forth by the Insurance Requirements as identified on the City's website at http://www.roundrocktexas.gov/bids. 4. CLARIFICATION: For questions or clarification of specifications, you may contact: Mike Schurwon, CPPB, CPTM Purchaser Purchasing Department City of Round Rock Telephone: 512-218-6682 mschurwon1 roundrocktexas.gov The individual listed above may be contacted by e-mail for clarification of the specifications only. No authority is intended or implied that specifications may be amended or alterations accepted prior to solicitation opening without written approval of the City of Round Rock through the Purchasing Division. 5. QUALIFICATIONS: The opening of a response shall not be construed as the City's acceptance of such as qualified and responsive. All Respondents shall: 5.1. Be firms, corporations, individuals or partnerships normally engaged in the sale and distribution of commodity or provision of the services as specified herein. 5.2. Have adequate organization, facilities, equipment and personnel to ensure prompt and efficient service to the City. 5.3. Identify any subcontractors to be used for this project. Experience, qualifications and references of the subcontractors shall be submitted with solicitation documents. The City reserves the right to approve or disapprove all subcontractors, prior to any work being performed. 5.4. Respondent shall possess ground maintenance experience; which includes manicured grass, shrubs, planting beds and tree maintenance. EXHIBIT Grounds Maintenance Services IFB Solicitation No. 14-011 Class/item: 988-361988-75 February 2014 5.5. Provide the name, address, telephone number and e-mail of at least three (3) firms applicable to Municipal and/or Government projects that have utilized similar services of size and scope in the past (two) 2 years (Attachment A). City of Round Rock references are not applicable. References may be checked prior to award. Any negative responses received may result in disqualification of submittal. 6. BEST VALUE EVALUATION AND CRITERIA: All responses received may be evaluated based on the best value for the City. In determining best value, the City may consider: 6.1. Purchase price; 6.2. Reputation of Respondent and of Respondent's goods or services; 6.3. Quality of the Respondent's goods or services; 6.4. The extent to which the goods or services meet the City's needs; 6.5. Respondent's past relationship with the City; 6.6. The total Tong -term cost to the City to acquire the Respondent's goods or services; 6.7. Any relevant criteria specifically listed in the solicitation. 7. AGREEMENT TERM: It is the City's intent to structure the agreement as follows: 7.1. The initial term of the resulting agreement shall be three (3) consecutive twelve (12) month periods from the effective award 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. 7.2. The City reserves the right to review the respondents' performance at any time and terminate all or part of the agreement, with or without cause or continue the agreement through the next period. 7.3. If the respondent fails to perform its duties in a reasonable and competent manner, the City shall give notice to the respondent of the deficiencies and the respondent shall have thirty (30) days to correct such deficiencies. If the respondent fails to correct the deficiencies with the thirty (30) days, the City may terminate the agreement by giving the respondent written notice of termination and the reason for the termination. 8. AWARD: The City reserves the right to accept or reject all or part of a response, waive minor technicalities and award the response to best serve the interests of the City. Split awards or non -award may be made at the sole discretion of the City. Award announcement will be made upon City Council approval of staff recommendation and executed agreement. Award announcement will appear on the City's website at http://www.roundrocktexas.qovibids. 9. ACCEPTANCE: Inspection and acceptance of Services should not take more than five (5) working days from completion of said Services. The vendor will be notified within this time frame if the Services are in full compliance with the specifications. If the agreement is canceled for non-acceptance, the Services may be purchased elsewhere and the vendor may be charged full increase, if any, in cost and handling. 10. ORDER QUANTITY: The quantities shown on the Solicitation form are estimates only. No guarantee of any minimum or maximum purchase quantity is made or implied. The City will only order the quantity of services needed to fulfill requirements, which may be more or less than indicated. 11. 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: • EXHIBIT „A» Grounds Maintenance Services IFB Solicitation No. 14-011 Class/Item: 988-36 / 988-75 February 2014 11.1. 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 11.2. The terms of a federal agreement, grant, regulation, or statute prevent the City from making a timely payment with Federal Funds; or 11.3. There is a bona fide dispute between the Vendor and a subcontractor or between a subcontractor and its suppliers concerning supplies, material, or equipment delivered or the services performed which caused the payment to be late; or 11.4. 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. 12. 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 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 terminate by not providing a renewal contract or by providing the Vendor written notice of termination at the end of its then current fiscal year. 13. CANCELLATION: The City reserves the right to cancel the Agreement without penalty by providing 30 days prior written notice to the Vendor. Vendor shall provide the City with 120 days written notice prior to cancellation of the Agreement and shall continue services for a period of time not to exceed 120 days after written notification. Termination under this paragraph shall not relieve the Vendor of any obligation or liability that has occurred prior to cancellation. NOTE: This Agreement is subject to cancellation, without penalty, at any time the City deems the vendor to be non-compliant with contractual obligations. 14. 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. The Vendor shall be responsible and liable for the safety; injury and health of its working personnel white its employees are performing service work. 15. ENVIRONMENT: It is the intent of the City to purchase goods and services having the least adverse environmental impact, within the constraints of statutory purchasing requirements, departmental needs, availability, and sound economic considerations. Suggested changes and environmental enhancements for possible inclusion in future revisions of this specification are encouraged. EXHIBIT „A» Grounds Maintenance Services IFB Solicitation No. 14-011 Class/Item: 988-36 / 988-75 February 2014 PART II SCHEDULE 1. SOLICITATION SCHEDULE: It is the City's intention to comply with the following solicitation timeline: 1.1. Solicitation released 1.2. Pre -Bid Solicitation Meeting & Site Visit (Non -Mandatory) 1.3. Deadline for questions 1.4. City responses to all questions or addendums 1.5. Deadline for Responses February 26, 2014 March 5, 2014, 10:00 AM, C.S.T. March 7, 2014 March 10, 2014 March 14, 2014, 3:00 PM, C.S.T. The City reserves the right to modify these dates. Notice of date change will be posted to the City website. All questions regarding the solicitation shall be submitted in writing by Friday, March 7, 2014, at 5:00 PM (CST) to Mike Schurwon, CPPB, CTPM, Purchaser; City of Round Rock by e-mail: mschurwonaroundrocktexas.gov on the date noted above. The City shall provide answers to all questions by Monday, March 10, 2014, at 5:00 p.m. (CST). The City shall not be responsible for failure of electronic equipment of operator error. A copy of all the questions submitted and the City's response to the questions shall be posted the City of Round Rock webpage, http:/lwww.roundrocktexas.gov/bids. 2. PRE-BID SOLICITATION MEETING AND SITE VISITS: The City will conduct a pre-bid solicitation meeting for all interested Respondents to ask questions concerning the solicitation. 2.1. Meeting date, time and location: Wednesday, March 5, 2014 at 10:00 AM City of Round Rock Parks & Recreation Department, 2nd Floor Conference Room 301 W. Bagdad, Suite 250 Round Rock, Texas 78664 2.2. The City strongly recommends attendance at the pre-bid solicitation meeting; however, the meeting is non- mandatory. Respondents shall sign -in at the meeting to document their attendance. 2.3. Respondents are required to provide their own transportation to the meeting. 2.4. Additionally, it is the responsibility of the Respondent to inspect each Project Area in their own time to familiarize themselves with the conditions, difficulties and restrictions of each. 2.4.1. Respondents are responsible for evaluating the quantities and amounts of required supplies, taking precise measurements, determining material requirements and any other related details during said inspection. 2.4.2. The act of submitting a response shall be considered acknowledgement by the Respondent that they have inspected the Project Areas, taken field measurements and are familiar with the conditions and requirements affecting the work. 2.4.3. Failure to do so will not relieve the successful Respondent of the obligation to furnish all materials and labor necessary to carry out the provisions contained herein. EXHIBIT „A„ Grounds Maintenance Services IFB Solicitation No. 14-011 Class/Item: 988-36 / 988-75 February 2014 3. RESPONSE DUE DATE: Signed and sealed responses are due no later than 3:00 PM, Friday, March 14, 2014, as noted above to the Purchasing Department. Mail or carry sealed responses to: City of Round Rock Purchasing Department Attention: Mike Schurwon 221 E. Main Street Round Rock, Texas 78664-5299 Grounds Maintenance Services IFB Number 14-011 Deadline: March 14, 2014, 3:00 pm "DO NOT OPEN" 3.1. Responses received after this time and date shall not be considered. 3.2. Sealed responses shalt 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. RESPONSE REQUIREMENTS: Respondent shall submit one (1) executed (signed) "Original" and three (3) copies of the bid response. Completed documentation shall include, at a minimum: 4.1. Itemized and signed solicitation document. Failure to itemize solicitation may result in disqualification. 4.2. ATTACHMENT A: Reference sheet that shall include the name, address, active telephone number and valid e-mail of at least three (3) firms applicable to Municipal and Government projects that have utilized similar services in the last two (2) years. 4.3. ATTACHMENT B: List of three (3) currently maintained sites to include the site address, client name, address, active telephone number and valid e-mail. The City may visit these sites and speak to these clients prior to making a selection. 4.4. ATTACHMENT C: Provide completed Respondent Questionnaire and Equipment List herein attached and made a part of this solicitation. 4.5. Photos of front, back and sides of intended Service truck(s). 4.6. Identification of subcontractors that will be involved in the performance of the Services. 5. POST AWARD MEETING: The City and Respondent shall conduct a post award meeting to discuss, but not limited to the following: 5.1. City contact(s) information for implementation of agreement. 5.2. Agreement terms and conditions. 5.3. Performance Measures EXHIBIT Grounds Maintenance Services IFB Solicitation No. 14-011 Class/Item: 988-361988-75 February 2014 PART III SPECIFICATIONS 1. SCOPE OF WORK: Services shall be inclusive of necessary equipment and labor to maintain grounds at various Project Areas. Services shall include, but not be limited to mowing, edging and trimming, raking, removing and disposing of litter (as needed) within the specified time period(s). The City of Round Rock's goal is to maintain and establish a respectable appearance to Project Areas, so that it discourages dumping and other undesirable activities. A listing of the Project Areas to be maintained and the corresponding maps are herein as ATTACHMENT D1 — D11 and made a part of this solicitation. 2. SERVICE REQUIREMENTS: The successful Respondent shall: 2.1. Obtain and provide all supervision, scheduling, labor, equipment, services, fuel, oil, incidentals, permits, notifications and related items necessary to complete the work as required by the specification. 2.2. Furnish all tools, hard hats, safety vests, rubber boots, gloves, transportation to and from the work area, and all other safety materials or devices necessary to perform the work in a safe and orderly manner. 2.3. Have an on-site supervisor at the site any time work is performed. 2.4. Protect all existing and newly installed work, materials, equipment, improvements, utilities, structures, and vegetation. Any property or incidentals damaged shall be repaired or replaced by the successful Respondent to the satisfaction of the City. 2.5. Work shall be performed on a schedule defined by the City to the specifications defined herein. 2.6. All work shall be performed in a professional workmanlike manner. 2.7. All supporting documentation specified herein shall be submitted with invoice prior to the City processing payment. 3. CITY RESPONSIBILITY: City will: 3.1. Appoint a City designated representative. 3.2. Monitor and inspect the ground maintenance at designated sites. 3.3. Coordinate all work and scheduling with the successful Respondent. 4. EQUIPMENT: Prior to start of Services, all equipment may be examined and approved by City. The City reserves the right to randomly inspect all equipment at any time during the term of the agreement or any extension period. 4.1. Insufficient and/or inadequate equipment as determined by the City is cause for rejection of any and all proposals. 4.2. Recommended minimum equipment for one (1) Project Area is: 4.2.1. Two (2) out -front rotary mowers; 4.2.2. Two (2) gas powered blowers; 4.2.3. Four (4) gas powered string trimmers; 4.2.4. Two (2) gas powered edger's; and, 4.2.5. One (1) trailer to transport mowers and equipment 4.3. All medians shall be mowed with an out -front type mower. No tractors, brush hogs, 580-D or similar type equipment shall be used on this project. 4.4. All mowers shall be equipped with either safety chains or the manufacturer's safety device to prevent mower thrown objects. 4.5. Chain shall be a minimum of 5/16 inches in size and links spaced side by side around the mower's front, sides, and rear. EXHIBIT IIA„ Grounds Maintenance Services IFB Solicitation No. 14-011 Class/Item: 988-361988-75 February 2014 4.6. Maximum cutting widths for rigid frame rotary mowers shall be 108 inches. 4.7. Hinged, batwing and brush hog drag mowers shall only be used with written approval from the City. 4.8. Alt mowing equipment must be equipped with turf -type tires. Cleated or ribbed tractor tires shall be °prohibited". 4.9. All mowers shall be kept in good operating condition and shall be maintained to provide a clean, sharp cut of vegetation at all times. 5. SCHEDULING: Upon issuance of a Work Authorization, successful Respondent shall begin work and proceed with all reasonable dispatch to completion maintaining the established Daily Production Rate Goal (defined below). The successful Respondent will be required to maintain alt Project Areas assigned in the time allotted for each. Work started within a Project Area shall be completed in consecutive days, per the schedule in the Work Authorization. 5.1. It is anticipated that the mowing season will run eight months per calendar year and will begin March 1s` and end by November 30Ih. 5.2. Maintenance Cycles specified herein shall mean the time period between Services. Maintenance Cycle shall be identified with a beginning and ending date, in which all prescribed maintenance activities for each Project Area shall be completed. A typical maintenance cycle for Project Areas shall range from is 14 calendar days with in the mowing season. 5.3. The Daily Production Rate Goal shall refer to the average acreage the City seeks to maintain per day. The Daily Production Rate Goal shall be calculated in the following manner: PROJECT AREA ACREAGE ÷ NUMBER OF DAYS IN CYCLE = DAILY PRODUCTION RATE GOAL 5.4. Failure on the part of the successful Respondent to maintain the established Production Rate Goal as set forth within the Work Authorization shall be sufficient reason for default and the City will contract with another service provider(s) to complete immediate services. The successful Respondent shall have forty-eight (48) hours of written notice to resolve any non-compliance. If others complete the work, any additional cost caused by a higher bid price will be deducted from the original successful Respondent's next payment, if any. 5.5. The City reserves the right to modify the Maintenance Cycles and Project Areas at any time pursuant to the specifications contained herein. This determination will be made by the City and communicated to the successful Respondent in writing via e-mail or fax. Modification can include cancelling a Maintenance Cycle or Project Area. 5.6. Cancellations of a Work Authorization may be based upon need or inclement weather conditions or other mitigating circumstance to be determined by the City. This determination will be made by the City and communicated to the successful Respondent in writing via e-mail or fax. 6. GROUNDS MAINTENANCE: Upon receipt of Work Authorization, all Project Areas shall be maintained as follows: 6.1. Trimming shall mean the cutting or removal of all plant material immediately adjacent to or under Project Area structures, poles, trees, signs, and fences. All structures, trees, poles, signs, fences and shrub beds shall be trimmed flush with the object. 6.1.1. Special care shall be given to trimming around small trees as not to inflict damage to the bark of the trees. 6.1.2. All trimming shall be accomplished maintaining the required 3-4 inch cutting height. 6.1.3. All trimming shall be accomplished concurrently with mowing operations. 6.1.4. Trimming shall also include removal of all plant material from expansion joints and any other cracks in curbs, sidewalks (both sides), driveways and any other pavement surface within park property, media or rights of way. 6.1.5. Trimming shall leave no vegetation overhanging onto concrete; and shall result in a six (6) inch bank around obstacles. EXHIBIT Grounds Maintenance Services IFS Solicitation No. 14-011 Class/Item: 988-36 / 988-75 February 2014 6.1.6. Chemical Trimming shall refer to the use of herbicide as an altemative to the physical removal or cutting of plant material from areas to be trimmed. 6.1.6.1. Band of chemical application shall not exceed six (6) inches from target structure of chemical treatment. 6.1.6.2. Written approval of herbicide use shall be obtained from the City prior to application. 6.1.6.3. Chemical application shall be in compliance with label directions and the Texas Structural Pest Control Board (SPCB) and Texas Department of Agriculture (TDA) rules and regulations. 6.1.6.4. Treated weeds that are left after kill by chemical application shall be removed from area. 6.2. Edging shall mean the vertical removal of any and all plant material which encroaches over or onto sidewalks (both sides), curbs, steps, driveways, and pavements. 6.2.1. Edging cut shall remove vegetation from pavement services and result in a visible separation of turf from pavement. 6.2.2. Sidewalks, curbs, and steps shall be mechanically edged to a one (1") inch depth and 1/4 inch width where they exist exposing the pavement surface. 6.2.3. The initial edging shall be completed by the end of first cycle. 6.2.4. All edges shall be maintained through the duration of contract. 6.2.5. Edging and maintenance of edges shalt use a vertical cut approach. 6.2.6. All material dislodged by edging shall be removed from site. 6.2.7. Sidewalks shall be edged on both sides. 6.2.8. Chemical Edging shall refer to the use of herbicide as an alternative to the physical removal or cutting of plant material from areas to be edged. 6.2.8.1. Written approval of herbicide use shall be obtained from the City prior to application. 6.2.8.2. Chemical application shall be in compliance with label directions and the Texas Structural Pest Control Board (SPCB) and Texas Department of Agriculture (TDA) rules and regulations 6.2.8.3. Chemical treatments shall be growth regulators; however, herbicides can be used in nose cones and pavement areas only. 7. MOWING: 7.1. Upon receipt of Work Authorization, all grass shall be cut at a height of 3-4 inches. 7.2. Project Areas shall be completely mowed to the boundaries identified on the attachments and be field verified by City staff at the initial commencement of Services within 24 hours of start of mowing of said area. 7.3. No scalping shall occur. Scalping shall mean any action resulting in the mowing of any turf area below a three-inch (3") height down to and including the soil. 7.4. Contractor is responsible for taking special care when mowing all park land and linkage areas. Under no circumstances shall the awarded Contractor mow down or over any large patches of wildflowers in any of the designated park land area or linkage areas. 7.5. Care shall be taken to prevent discharge of grass clippings onto paved surfaces such as streets, parking lots, sidewalks, driveways, or onto adjacent properties. Any material so discharged shall be removed immediately prior to proceeding with mowing of other areas. 7.6. Successful Respondent shall use extreme care when mowing against fences, property lines, and other obstacles. Damage sustained to a homeowner's property as a result of Services shall be the responsibility of the successful Respondent. Where there is a fence line, the successful Respondent shall mow and trim to fence line. All ditches shall be maintained. Slopes and bottoms of ditches shall be trimmed or mowed at a EXHIBIT ItA„ Grounds Maintenance Services IFB Solicitation No. 14-011 Class/Item: 988-36 / 988-75 February 2014 height of 3"- 4". If an area is maintained by a homeowner, the successful Respondent shall not mow that area. 7.7. Upon completion, a mowed area shall be free of clumped grass and tire tracks or ruts from the mowing equipment. 8. REMOVAL OF GRASS CLIPPINGS: Removal of cut grass from the Project Areas where growth occurred shall not be required unless grass is clumped. However, cut grass and debris which falls or is thrown upon the pavement, streets, sidewalks, driveways, or adjacent properties through the action of mowing or the action of the work crew, shall be removed from the area prior to the exit of the work crew from the work site. 9. TRASH, LITTER AND DEBRIS REMOVAL: Shall mean any rubbish within the Project Area such as paper, cans, bottles, limbs four (4") inches diameter or smaller, trash bags and rocks, which is not intended to be present as part of the landscape. For this function, Project Areas shall include streets, sidewalks, curbs, catch basins, gutters, hillsides and ditches. For items larger than 4", successful Respondent shall contact the City's designee to make City aware and coordinate removal. 9.1. Removal of debris shall require sweeping or blowing off of hard surfaces such as sidewalks and concrete noses of medians. 9.2. Successful Respondent shall remove all trash and litter from the Project Areas prior to initiating any mowing of the turf areas. 9.3. All trash and litter removed shall be disposed of by successful Respondent legally at an off-site location. 9.4. No litter or debris shall be visible in finished Project Area after services are performed. 10. FERTILIZERS: No fertilizers are required within this scope of work. 11. DAMAGE: Damage caused to City or private property as a result of performance of Services shall be remedied at the expense of the successful Respondent. 11.1. The successful Respondent shall inspect all trees, adjacent properties, structures and utilities for existing damages prior to conducting any work activity in the assigned Project Areas. Observed tree damage or damage to properties, structures and utilities shall be documented to the City prior to beginning any Services. Project Areas may be checked for damage by the City prior to commencement of Services, and randomly during the Agreement term at the option of the City. Repair or replacement of trees, properties, structures and utilities shall be reported to the City and at repaired/replaced at the expense of the successful Respondent. 11.2. Successful Respondent shall, at his own expense, carefully protect all trees, properties, structures and utilities within Project Areas so that there shall be no damage or utilities service Toss. 12. WORK CREW: Only qualified, trained, competent and reliable personnel shall perform Services. 12.1. The City shall have the right to request the immediate removal from its premises of any crew member or subcontractor crew member if they are not in compliance with this specification. 12.2. Each work crew shall have a designated Supervisor attending the work site with the authority to direct Service and respond to crew inquiries about Service details or priorities. 12.3. Work crews shall not take individual rest breaks or lunch breaks in City park land or linkage areas while performing grounds maintenance services. 13. SAFETY OF WORK CREW: Due to the high visibility of work crews from the roadways, safety of the work crews shall include but not be limited to the following: 13.1. Successful respondent's crew shall wear and display proper warning devices (safety vest, flashers, strobe lights and warning signs) in order to ensure both employee and public safety. Crew shall dress and remain dressed in a presentable fashion. Inappropriate dress includes, but is not limited to, bare chest (no shirt), shorts while trimming or edging, and absence of, or proper use of safety clothing and devices. r EXHIBIT • Grounds Maintenance Services IFB Solicitation No. 14-011 Class/Item: 988-36 / 98&75 February 2014 13.2. The successful respondent shall be responsible for furnishing all signs and traffic controls as required by law, and make adjustments as required by City. 13.3. All signs shall be mounted on their own stands and be mounted not less than three feet (3 ft.) from the bottom of the sign to the natural ground line. Each sign shall have two brightly colored safety flags attached to ft. It will not be permissible to hang or lean these signs. The signs shall be erected in such a manner that they shall not obstruct the traveling public view of the normal roadway signing. 14. VEHICLE IDENTIFICATION AND PARKING: Successful respondent vehicles shall be licensed for travel on public roads, and shall have the name of the successful Respondent clearly displayed on each side of the vehicle. 14.1. Vehicles shall park in areas that do not create potentially hazardous traffic situations. 15. COMMUNICATION: The successful Respondent shall provide communication equipment as necessary to perform the Services. This may include 2 -way radios, pagers, cellular phones, telephone answering devices, e-mail and fax machine. 15.1. The successful Respondent shall respond to communication requests from the City within twenty four (24) hours during the normal working hours of 7:30 a.m. to 5:00 p.m. 15.2. The successful Respondent shall make contact with the City, at a time mutually agreed upon by the City and the successful Respondent. This contact is for the purpose of discussing areas to be maintained, Successful Respondent's work schedule for the day, areas to be inspected for approval, and Work Authorizations that need to be signed. Failure to contact the City's authorized designee, or designee, per the agreed upon schedule may constitute a breach of Contract and termination of Agreement. 16. LIQUIDATED DAMAGES: Failure of the successful Respondent to perform as specified herein may result in a $250 assessment per incident per day to be applied and may also result in the termination of the agreement by the City. WORK AUTHORIZATION, INSPECTION OF WORK AND WORK RECORD SUMMARY: 16.1. A Work Authorization shall be issued from the City as notification to begin Services in a designated Project Area. The Work Authorization shall; 16.1.1. Be issued before work is to begin in the specified Project Area and shall follow the schedule of maintenance cycles as closely as possible. 16.1.2. Consist of a written list of Project Area's designated for Services. 16.1.3. Be considered complete when all work has been inspected and approved by the City and has been signed by the City. Such information shall consist of grounds maintenance locations, acreage/mileage actually maintained, and the acceptability of the maintenance activities performed, date of completion. 16.1.4. It shall be mandatory that all Work Authorizations be completed after the end of each cycle, before another Work Authorization may be issued. Failure to obtain Work Authorization prior to beginning Services for the next cycle may be considered a breach of contract by and grounds for termination of Agreement by the City. 16.2. The City shall make inspections or re -inspections to ensure the Services performed are completed per specification and in accordance with prescribed time schedules. Written approval of inspection shall accompany the completed Work Authorization and is required for payment. Upon determination of any violation of the specifications and/or terms of the agreement, the City shall proceed with appropriate action. 16.3. Work Record Summary shall mean a written record detailing the times and locations of when the successful Respondent and employees were on the job site performing Services A Work Record Summary shall accompany all Invoices and Work Authorizations detailing dates, times, and locations of when work was completed per Contract specifications. Invoices without the supporting Work Authorization and Work Record Summary shall not be approved for payment. EXHIBIT „A„ Grounds Maintenance Services IFB Solicitation No. 14-011 Class/Item: 988-36 1988-75 February 2014 16.4. The City hereby designates the following representative(s) authorized to act in its behalf with regard to all inspections, re -inspections, work authorization and work record summaries as follows: Mr. Kenneth Goldwire Superintendent - Parks & Recreation Department City of Round Rock 301 W. Bagdad, Suite 250 Round Rock, TX 78664 Telephone: (512) 341-3348 E-mail: kdoldwire(a�roundrocktexas.gov EXHIBIT „A„ Grounds Maintenance Services IFB Solicitation No. 14-011 Class/Item: 988-36 / 988-75 February 2014 INVITATION FOR BID (IFB) CITY OF ROUND ROCK PURCHASING DEPARTMENT 221 E. Main Street Round Rock, Texas 78664-5299 Responses are due to the Purchasing Department at the above address by 3:00 PM, March 14, 2014. Show solicitation opening date & solicitation number in lower left hand corner of sealed response envelope with return address of responding firm. Facsimile responses shalt not be accepted INVOICE TO: CITY OF ROUND ROCK ACCOUNTS PAYABLE 221 EAST MAIN STREET ROUND ROCK, TEXAS 78664-5299 Respond F.O.B. Destination, Freight prepaid and allowed unless otherwise specified below DESTINATION: CITY OF ROUND ROCK VARIOUS LOCATIONS 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." Solicitation Information: Ground Maintenance Services Solicitation Number Opening Date: Opening Time: Response Location: 221 E. Main Street Purchasing Department Round Rock, TX 78664 14-011 March 14, 2014 3:00 PM Return evident signed one (1) original and three (3) copies or Respondent shall sign below Failure to sign response will disqualify response CPA Authorized Signature ` u:yi-• 1- ft'n(.!, Print Name 33// / ate RESPONDENT INFORMATION TAX ID NO.: 7L( -. Z,61, 33 ft; LEGAL BUSINESS NAME: ji,ert,dLorr-e K/)- (.4 h c 5 Gy Pt' �f . ADDRESS: Po Hoy. / 2,,,j Le &, / 4O„1 , 71C 7(c S l 3 CONTACT1.1). 4,;(1/ t r ''r -1 — TELEPHONE NO: „25-74 /3 I 3 S . o BUSINESS ENTITY TYPE: 5 c0/24, 04_ L9-/, Liu...) E-MAIL:D(1 S 4-• .-. 6740 )- / 4 is, c,1 s e riy, e - e P•'YI Respondent agrees to comply with alt conditions set forth in this solicitation. ITEMIZED BID SHEET FOLLOWS EXHIBIT Grounds Maintenance Services IFB Solicitation No. 14-011 Class/item: 988-36 1988-75 February 2014 SOLICITATION INSTRUCTIONS ITEMS BELOW APPLY TO AND BECOME A PART OF TERMS AND CONDITIONS OF SOLICITATION ANY EXCEPTIONS THERETO MUST BE IN WRITING 1. SOLICITATION REQUIREMENTS: 1.1 Responding requires pricing per unit shown and extensions. O trade discount is shown on solicitation. it should be deducted and net line extensions shown. Respondents guarantees product offered will meet or exceed speuTlcations identified in this Invitation for Bid (IFB). 1.2 Solicitations shall be submitted on Solicitation Sheet. Each response shall be placed in a separate envelope completely and properly identified. Responses must be in the Purchasing Department before the heir and date specified on the solicitation. 1.3 Late responses property identified will be returned to respondent unopened. Late responses will not be considered. 1.4 Respond F.O.B. destinaton, freight, prepaid, 8 allowed unless otherwise specified on the solicitation. If otherwise, show exact cost to deriver. 1.5 Response shall show unit price on quantity and unit of measure specified, extension and show total. In case of errors in extension, unit prices shall govern. Responses subject to unlimited price increase will not be considered. 1.6 Submitted prices shall be firm for acceptance 30 days from solicitation opening date. "Discount from List' responses are not acceptance unless requested. Cash discount win not be considered in determining the low response. Al cash discounts offered will be taken if earned. 1.7 Responses shall give Tax Identification Number, full name and address of respondent. Faure to sign will disquarlfy response. Person signing response shall show idle and authority to bind signatories firm in an agreement. Firm name should appear on each page in the block provided in the upper right comer. Business Entity shall be one (1) ofthe following: Individual, Partnership, Sole Proprietorship, Estate/Trust, Corporation, Governmental. Non-profit. all others shall be specified. INDIVIDUAL: List name and number as shown on Social Security Card. SOLE PROPRIETORSHIP: List legal name followed by legal business name and Social Security Number. ALL OTHERS: List legal name of entity and Tax Identification Number (TIN). 1.8 Responses cannot be altered or amended atter opening time. Any Alterations made before opening time shalt be initialed by respondent or an authorized agent. No response can be withdrawn after opening time without approval of the CITY based on a written acceptable reason. 1.9 The City is exempt from State Sales Tax and Federal Excise Tax. Do not include tax in response. 1.10 The City reserves the right to accept or reject all or any part of response, waive minor technicalities and award the response to best serve the Interests of the City. Split awards may be made at the sole discretion of the City. 1.11 Consistent and continued tie responses could cause rejection of responses by the City and/or Investigation for antitrust violations. 1.12 Telephone, facsimile, and electronically transmitted responses are not acceptable In response to the solicitation. 1.13 CAUTION: Solicitation invitation allows sufficient time for receipt of the preferred mail response. The City shall not be responsible for responses received late, i:legible, incomplete, or otherwise non-responsive. 2. SPECIFICATION: 2.1 Any catalog, brand name or manufacturer's reference used in the solicitation is descriptive only (not restrictive), and is used to indicate type and quality desired. Responses on brands of like nature and quality will be considered unless advertised under the provisions of Section 252.022 of the Texas Local Govemment Code. If other than brand(s) specified is offered. diusbations and complete description of product offered are requested to be made a part of the response. If respondent takes no exceptions to specifications or reference data in response, respondentwiti be required to furnish brand names, numbers, etc., as specified in the solicitation. 2.2 An items on the solcitation shall be new, in first class condition, including containers suitable for shipment and storage, unless otherwise indicated in the solicitation. Verbal agreements to the contrary will not be recognized. 2.3 Samples, when requested, must be furnished 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, Cty solicitation number and code. Do not enclose In or attach to response. 2.4 The City oil not be bound by any oral statement or representation contrary to the written specifications of the solicitation. 2.5 Manufacturer's standard warranty shall apply unless othetwise stated in the solicitation. 3. TIE RESPONSES: In case of tie responses, the award will be made in accordance with Section 271.901 of the Texas Local Government Code. 4. DELIVERY: 4.1 Response shall show number of days required to place material in City's designated location under normal conditions. Failure to state deliver time obligates respondent to complete delivery in fourteen (14) calendar days. Unrealistically shod or long delivery promises may cause response to be disregarded. Consistent failure to meet delivery promises without valid reason may cause removal from Vendor list. (See 4.2 following.) 4.2 If delay is foreseen, Vendor shall give written notice to the City. The City has the right to extend delivery date if reasons appear valid. Vendor shall keep the City advised at all times of status of order. Default in promised delivery (without acceptable reasons) or failure to meet specifications, authorizes the City to purchase supplies elsewhere and charge hill increase, if any, in cost and handling to defaulting Vendor. 4.3 No substitutions or cancellations permitted without written approval of the City. 4.4 Delivery shall be made during normal working hours only, unless prior approval for late delivery has been obtained from the City, unless otherwise specified m the solicitation. 5. INSPECTION AND TESTS: All goods will be subject to inspection and test by the City to the extent practicable at all times and places. Authorized City personnel shall have access to any supplier's place of business for the purpose of inspecting merchandise. Tests may be performed on samples submitted with the response or on samples taken front regular shipments. If the products tested fail to meet or exceed all conditions and requirements of the specifications, the cost of the sample used and the cost of the testing shaft be bome by Ute supplier. Goods, which have been delivered and rejected in whole or in part, may, at the City's option, be retumed to the Vendor or held for disposition at Vendor's risk and expense. Latent defects may result in revocation of acceptance. 6. AWARD OF AGREEMENT: A response to a solicitation is an offer to contract with the City based upon the terms, conditions, and specifications contained in the solicitation. Responses do not become agreements or purchase orders unless and until they are accepted by the City through its designates and an agreement or a purchase order is issued. The agreement or purchase order shaft be governed, construed, and interpreted under the Charter of the City and the laws of State of Texas. Ali agreements or purchase orders are subject to the approval of the City Council or Manager. 7. PAYMENT: Vendor shall submit three (3) copies of an invoice showing the agreement or purchase order number on all copies. e. PATENTS AND COPYRIGHTS: The Respondent agrees to protect the City from dawns involving infringements of patents or copyrights. 9. RESPONDENT ASSIGNMENTS: Respondent hereby assigns to the purchaser any and al claims for overcharges associated with this agreement, which arise under the antitrust laws of the State of Texas. TX, Bus. And Comm. Code Ann. Sec. 15.01, et seq. (1967). 10. RESPONDENT AFFIRMATION: 10.1 Signing the response with a false statement is a material breach of agreement and shag void the submitted response or any resulting agreements, and the Respondent shag be removed from a1 Vendor lists. By signature hereon affixed, the respondent hereby certifies that 10.2 The respondent has not given, offered to give, nor intends to give any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount tip, favor, or service to a public servant in connection with the submitted response. 10.3 The respondent is not currently delinquent in the payment of any debt owed the City. 10.4 Neither the respondent nor the firm, corporation, partnership, or any entity represented by the respondent, or anyone acting for such firm, corporation, or entity has violated the antitrust laws of this State codified in Section 15.01 et. Seq. Texas Business and Commercial Code, or the Federal Antitrust Laws, nor communicated directly or indirectly the response made to any competitor, or any other person engaged in such tine of business. 10.5 The respondent has not received compensation for participation in the preparation of the specification for the solicitation. 11. NOTE TO RESPONDENTS: Any terms and conditions attached to response will not be considered unless the respondent specifically references them on the front of the response form. WARNING: Such terms and conditions may result in disqualification of the response (e.g. responses with the laws of a state other than Texas requirements for prepayment, Limitations on remedies, etc.) The City of Round Rock can only accept responses which contain all the terms and conditions of its formal solicitation; in particular, all respondents' affirmations and certifications must be included. Submission of responses on forms other than City's form may result in disqualification of your response. 12. INQUIRIES: Inquiries pertaining to Solicitation Invitations must ning date. EXHIBIT J at H r�r N N C n. o M s� 0 v u a .N M O ei Z O a c V O _ a W� V) 00 j LI 11) 44 L LL 9 V m) ar u C (6 = c 00 2 .g C 3 2 w as .x O 110 0 • V A. u c a r4 o C 0 • or N Mj 0 N t N N N N Project Areas - Group #1 a as c at 0 a` °+ 0 )n w N .9 H H F. a u " d ti) 19 - CC 00 4 N O co a O N M N M N M C 0 co O 03 H O d T CN -1 N N H N H N N 0 F9 at tg 0 m a a D. to J m a Z 102 C 3 a m J' o' .0 .0 .0 00 0 0 0 O .0 rn z :7: 0 rn „R 0 e 0 c 00 a 1.7 o• a 0 -0 2 N. M F to 0 0 2 . • 0. Q M s h rel E 2 a 0f c J a 0 .3 0 0 E 0 se a. .q a m a v a # dew .i N M a btOZ Project Areas - Group #2 dx G. 4a 0 a u u c v -or 0 CO N V C 0+ J a Crl H 44 h N t,1 N M "i t K N 1 h 44 iJC an N M cc) :3- 1,4$ 1,4$ 44 4) to 9 N ▪ c tu ▪ a u ONO. to N M N 1` N N 0 O 03 001. 01 44 co ai m M m ul m r/1 a .•1 N } CD H co CO N CO N N CO N 0 d 0. • a i a f 0 L 01 0 Z 01 0 J 0 0110tL to J m .2 .2 m in G 00 -0 J 0 •.a D. 0, 00 0 J Park Address 0 Q If> N t- 0 z N L U d 0 n 0. 0 E C H n 1n 44 tJ 10 !r1 O 0 m to Bradford Park 0 .G 0 a 0 o, -E a c H 0 t co .0.0 .0 a a 00 0 a 0 to E To' a 3 a a clink% ibitof + G VLOZ Grounds Maintenance Services IFB Solicitation No. 14-011 Class/Item: 988-36 /988-75 February 2014 ATTACHMENT A RESPONDENT'S REFERENCE SHEET PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE SOLICITATION NUMBER: It - of RESPONDENT'S NAME: 14 e4 /1-7 1" DATE: 37 Provide the name, address, telephone number and point of contact of at Least three (3) firms applicable to Municipal and/or Government projects that have utilized similar service for at least two (2) years. City of Round Rock references are not applicable. References may be checked prior to award. Any negative responses received may result in disqualification of solicitation. 1. Company's Name Name of Contact Title of Contact E -Mail Address Present Address toes t: Iry I l , r.1 (tL n j2rJ 1 o, I P'4 -4-1c. ,rzy e r 5 �rr(LJG- ,'vi > ,91-7Cn- b fes r-ij 1 t -e r. (1r'-4) .." 3eos_ (i-- (75 City, State, Zip Code Telephone Number 2. Company's Name Name of Contact Title of Contact E -Mail Address Present Address City, State, Zip Code Telephone Number 3. Company's Name Name of Contact Title of Contact E -Mail Address Present Address City, State, Zip Code Telephone Number Let: ft 7fi q ( 612- ) (o i (_ .214e4 Fax Number: () C71/3 /130 iJ€ i YL0r.� i nd/ 4)14 a- Plnc CO.15i-2i.4LPZ.Us34N 3 2-10 E:14 -Si /a J4• / €1c1 C �fwy /t, 1% % Ir 50 ) q i3 - kr) '/ Fax Number: tars ! 600,, b� .e'.., :3-Ok'l r1y L';-.6 I.)e f 1t,C.4.1n P.--4,10 t, 041A 30 1 wpS I 10CAO ii i c`fi--'nI 7tsl3 0-94) C 3:3 - 5 3.5-3 Fax Number. (,)52-/ ) l'33•. 6.3.51/ FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD. EXHIBIT „A„ Grounds Maintenance Services IFB Solicitation No. 14-011 Class/Item: 988-36 /988-75 February 2014 ATTACHMENT B CURENTLY MAINTAINED SITES For Solicitation #14-011 j }} Grounds Maintenance Services Name of Respondent: i7 4hi7l O'rTe)cr}"S £.. YT 01 9-5t-illo CilenterxtCantsetPiAre 1-r,rr" c 10V. Address otShe - 1 Telephone E-iSlylkddreu 4301 • 6ent?j2.144.- ,13rcr c.e.iij,+.l•-/13-?tico AP -24;i 13 g 4-k. 4-/4 Gf*_Y.>ia;• thh/}4-1f-4'6 Fe o-vo 1 ?r 7x aS-i (T4 o Ft • Gvvn ..iyim ClIentandCerstacttime -G =%l...)tA, s Addre.sstrMte . - ' ( o 1 .5 .31 5 k - - Telephone EtNIrtddress` I -kr, pr 4-41 1 ,:r51-/'724/ - U i'h#-r_ti ASc-o• e26, re 14e : 7v 7L13 1N-et.�a5. •F ei< a!emend Contact Hare Address of Stu Idea ene C.hlailAddress (.1in. 1+Pi qcoCraccie. St- j41-1-14j=51&L12 1)i2• ILstrt.iii 0' 1Lfkrt. gP 14 -on . 7567 10S-7,3 EXHIBIT „A» Grounds Maintenance Services IFS Solicitation No. 14.011 Classlttem: 988-361988-75 February 2014 ATTACHMENT C Respondent Questionnaire and Equipment List Grounds Maintenance Services Name of Respondent: 1-4 4.x..4 Te - )6+1 t t nct s1-n.pt." -! .257/.93/ _3 s"2.o Contact Name: h . 6� E-mail/Phone:61 u 6140+I4 rt elst.rV•t £'"r1' Date Business Founded: )11011.: 14 I, 17 i:3 j Number of Full Time Employees: ii 5 Company -wide Daily Production Rate: /6::2) COMPANY'S TOTAL MONTHLY ACREAGE MAINTAINED = 30 DAYS = DAILY PRODUCTION RATE List all equipment to be used for specified Project Areas List of equipment should include year, model, make and number of hours on all equipment to be used. The City has the right to inspect all equipment, with adequate notice to the Respondent, dedicated for use on this project prior to award of the bid. During inspection, the bidder shall have all equipment that is dedicated to the project on hand or have original receipt of purchase or lease to show ownership. sal Type of Equipment,: Year mot,J.eeLt 124 lvt o,:u-tA.l 11-ic�rr vkz,L.L/eAti Ufa 2 rL f7 -f/Li.net vs -Zit. liAt k.. PAc.tr. 5/0.0 tai. got 20/3 13 !- jCrniML/c, 7z r< 375-0 Sit ni 2-f3Z 9v1 cLc P& 77o11 NOTE: If required, attach another page for type of equipment. EXHIBIT Grounds Maintenance Services IFB Solicitation No. 14-011 Class/Item: 988-36 / 988-75 February 2014 ATTACHMENT D PARKS AND RECREATION: PARKS MOWING LIST 2014 (D1 — D11 — Double Click to Access Complete Mowing List) Parks and Recreation_ Parks Mowing List 2014 1. Drinkard's Landing 32 Acres Behind CVS (Georgetown & 79) 2_\5 Parks\RandyG\MyOocwnents\Winword\Contracts\Cont act-Mowing-2011.-2014\Mowing-Maps-2014-doc EXHIBIT !,A» t. s ' a rY f r ; 1.e,t �-. 2.�• t� 'r�,"s ,�v. ' t'r � � trtht f l >t'l+e a f•/`otr 1•T� r r ft rr=:r t t c t4 7i f r 7t'�. _ �+ }�{ z fS+; .'• � It ry r J i,r f1'' $w:�tixa-��; j? � �' s r .�.. c a lsr•w+ ,, s.• it 1 {Y Fy frP 6ti�.t�fr•� K � h N _r � t// E��r!1 t-.r:Y r .1 i�.; •. �'4t fj.:� W r � n fV f j£ _ � ib i t • ,. a �p f r fui 4x/i�� H n; � i1 - +s.-S� ,Y�� �c..ar• �, A ..., -.1: ,•r ., ,r •i t •n at•;��t� 'atr t' f ..t t• �•. , •,`v"7 a•+r.r ns,+.� ::.,, i - 3 tr'� � 'i:. ,. ,ai.^ 4.� �,� � �T�+'• )Y�� ,'t r '� xf .. ..]'V� 7 r'� ,r tof� F'4. Zlf.✓.or yr•��� r ,;:Frw ,7, .'"`r'1�.. .i. �., ♦'..J„•1s s. •,-.i.... �.X }",•H r),,....n�as t:J» .5:.� - `. ••e[a f,,,..�•t � ,,i 1 �:�".,,�r �;•S«r 7a�..IQY �?:.:i ii � e �,• :+w� •i.• ` t x 1 r r�' 27-c�'• b,.CL .. <. �1�t ..'q .Sr.� lh:i1. v��'r r r. J`:w.. v � �1 Y+�: �.•1 fd� �ti.'��• r a..J�t.'e `' �S.t�:l' eG!ti.•�.i�r '..♦!. �t'.t;,:... ?•♦J Frye L•9c•��f;•set�� ' iX�it ��.+.s `{,.sr . � k1� 7.y,'ti.-.. 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"� 1 �♦• � ` 1 � �.►1^ ;� 'w,�'�`, � w'�`� fi �.'�'�in,.� r j ' �.�qr"'�+ x a 'r ... . s i` M �'�'�'h��3.My ,hdE, v3��:., 5'•n'♦�,,tea`, 4 - "^ '':+.. :�" "'K•xts•``� rte.. .n, :� ,{KCi000 . .. � t . z t . r � ♦ � i . � 1 ' f y a 1181HX3 Et X x � r P k � S[ ^SE'S f,,��{ff{#�•kp f �.. y7 �, A� 1 X � i W i s. " } R• t - A 4[ y` s s jrE , WR �rE it-L 2fy .. IFB No. 14-011 ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY. CITY OF ROUND ROCK IFB NO. 14-011 GROUNDS MAINTENANCE SERIVCES Addendum No.: 1 Date: Tuesday, 03/04/2014 The following response is in reference to a question submitted for IFB No. 14-011 for the Parks and Recreation — Grounds Maintenance Services as outlined below: 1. Regarding this contract, there are a few discrepancies with respect to total park acreage vs. park mowing acres (specifically, Bradford Park, Chisholm Trail Crossing Park & Greenbelt, Greenlawn Place Park), where the park mowing acreage exceeds the total acreage listed. Can the City of Round Rock provide a correct bid tab sheet with corrected figures? 2. Yes — Attached, please find electronic copy of PDF of bid sheet below. Approved by: —-PAa.eQAc ku. Date: o 3—oii. Michael Schurwon, CTPM, CPPB Purchaser By the signatures affixed below this addendum is hereby incorporated into and made a part of the above referenced solicitation. ACKNOWLEDGED: �� ) -ect d'� v sc gxvt`> ( G hi cAC.ive !✓I`Z• / ) /3//6/ Vendor Authorized Signature ate RETURN ONE COPY SIGNED COPY OF THIS ADDENDUM TO THE PURCHASING OFFICE WITH YOUR SEALED PROPOSAL. FAILURE TO DO SO MAY AUTOMATICALLY DISQUALIFY YOUR RESPONSE FROM CONSIDERATION FOR AWARD. EXHIBIT „A„ J Page i t IFB No. 14-011 n 3 6 6 7 9 9 10 11 CITY OF ROUND ROCK IFB NO. 14-011 GROUNDS MAINTENANCE SERIVCES (CONTINUED) Addendum No.: 1 Date: Tuesday, 03/04/2014 GrydRand Rodr EBSotdclicano. 14011 64 guy., Rc i e40310.72014 Grounds Maintenance Services - Contract Mowing 2014 Project Areas - Group fil Pak Poore ParkU-.. Total Pert An Pak Mckul Pah Tye C9dc(11 Pat hkwirg Aeas Tvtal3oa petSeran Pn:ePrs teotienpu Cydc 61u1cdAi=Prr Teo(12CydesX ioadmCa:t) OrY3ardeCiriYq .. ,::'.9..P m66nmw4 r<Z't. eitinc1 111Goi ndawn 9:791::- -..11639—iPititliligiCri7 12 0.32 3.24 S S CtaAancfd:(YLl]i1P( 'i `311'. ION0i11$100rliii': .,., '2 ; tiwatPadll ikedif_: 11 149 29.44 $ 5 Gio9l33wilPuh:= .. r,.:= .. ;,,::. 1'337;. NodhdiditQuantum _ __ ..Ikioi[PatAht6¢3ea 12 230 27.E0 S 5 E40360140-.1.1,.."'; t-?. _. . _: ='707 i? 13.1ITetti3t .; r ...:N462469 rb thea .'°°.- 12 446 41.96 5 $ RdidREcItYsiteiicF.auiird. ...:: 16.00' Ilclkdici 'taloa :-=.; - - . =1161of0ahO4Pirk ..'' i2 16.00 21111[ $ 5 • ['415;1 '::l6iarPa9Al6ige6 : Foul 2719 32636 S 5 Project Areas -Group 12 Pak Poore Tent M. Ana Put Md.= Pat Type C}ddm Put Mauinl AL= Too/Anes paSeaen. Aire hr tow6aoPa C rlr Ertnded AiaPi Y441118066X toot nCat) Bodoni ParX "i' .. . .. 'isn m66nmw4 r<Z't. .;-';.N3616:r1 udPat .. '" 18 532 95.76 5 5 KtniitTirate%:_ • .. .. ..._. -'r2B 160IGd1i3da4Road 11io1PP Ahti036:: IS 263 47.34 S 5 CHeh06i TialCioxlupPik&Grientei `... 396 5000h1rAt#n till ,,.ttiiNPalatt 3pod: IS 336 71.21 5 5 dietafdePluiGniiateg..;'ti`...... :::131DOS Rain/ AackA0s=....... `.tksoiiPa3lnlakitie:' 19 1.33 24.12 5 5 StW6i ilixp,: , _. ..... ::r9.66 151OSLN9tahetoc9' :.._ :`.:LbiaiP:W1iri6'• 19 160 28.10 S S G Ointayi'iiPt6c6Pil .331 1931Gifife5din IRnod : '::l6iarPa9Al6ige6 : 3S 131 5455 5 5 ` *11561 loaf 11.96 326.86 5 S EXHIBIT A IP Page 12 IFB No. 14-011 "'ROUND ROCK, TEXAS PURPOSE PASSION. PROSPERITY. CITY OF ROUND ROCK IFB NO. 14-011 GROUNDS MAINTENANCE SERIVCES Addendum No.: 2 Date: Monday, 03/1012014 The following is a "CLARIFICATION" in reference to the terms and conditions outlined in the IFB document, Part 11, Schedule, 4. Response Requirements on page 6 of 19 as fol lows: BIDDERS MUST COMPLETE AND RETURN THE WITH YOUR BID RESPONSE THE FOLLOWING: 1. Invitation for Bid Solicitation cover page must be completed with company name, address, telephone number, e-mail address. Cover page must be signed by an authorized agent of your company. 2. Exhibit C — Bid Sheet Final Revision, Dated 03/07/2014 3. Attachment A — Respondent's Reference Sheet 4. Attachment B — Currently Maintained Sites 5. Attachment C — Respondent's Questionnaire and Equipment List 6. Addendum No. 1, Dated 03/04/2014, signed copy 7. Addendum No. 2, Dated 03/10/2014, signed copy The following are "CHANGES" in reference to the terms and conditions as outlined in the IFB document on page 14 of 19 as follows: Change 1: EXHIBIT C, Bid Tab Sheet, Final Revision, Dated 03/07/2013, replaces both Exhibit A — Bid Tab Sheet, Dated 02/25/14 and Addendum No. 1, Bid Tab Sheet, dated 03/05/14, in their entirety. Change 2: Change Part III, Specifications, 4. Equipment, 4.3 to read as follows: All "parks" shall be mowed with an out -front type mower. No tractors, brush hogs, 580-D or similar type equipment shall be used on this project. EXHIBIT „A„, „A Page 1 1 IFB No. 14-011 CITY OF ROUND ROCK IFB NO. 14-011 GROUNDS MAINTENANCE SERIVCES (CONTINUED) Addendum No.: 2 Date: Monday, 03/10/2014 Change 3: Change Part III, Specifications, 9. Trash, Litter and Debris Removal, 9.1 to read as follows: Removal of debris shall require sweeping or blowing off of hard surfaces such as sidewalks and concrete areas of parks. Change 4: Change St. Williams Loop total park acres from 1.60 to 5.00 acres. "Change" the total park mowing acres for St. Williams Loop from 1.60 acres to 4.50 acres Change 5: "DELETE" the terms and conditions referenced in IFB No. 14-011 on page 14 of 19 in its entirety and replace with "DEFINITIONS, TERMS & CONDITIONS, REVISED 07/2011, as posted on the City website at: http://roundrocktexas.gov/home/index.asp?paqe=462 The following answers are in response to questions submitted for IFB No. 14-011, Parks and Recreation — Grounds Maintenance Services by the deadline of Friday, March 7, 2014, @ 5:00 p.m. as outlined below: Question 1: Is the Contractor responsible for trash pick-up in low lying areas? Answer: Yes. Please refer to Part III, Specifications, 9. Trash, Litter and Debris Removal on page 10of19. Question 2: Is Contractor responsible for providing signage when mowing in park areas? Answer: Yes. Please refer to Part III, Specifications, 13. Safety of Work Crew, 13.2 and 13.3 on page 11 of 19. NOTE: Please be advised that there are no "medians" associated with the Parks and Recreation Department mowing maps. Question 3: Does the St. Williams Loop include the easement in the 1.60 acres? Answer: No. St. Williams Loop total park acres equals 5.00 acres. "Change" the total park mowing acres for St. Williams Loop from 1.60 acres to 4.50 acres Exhibit D — "REVISED" Park Mowing Map for St. Williams Loop located on the City website at: http://roundrocktexas.qov/home/index.asp?paqe=462 Question 4: What are the normal work hours for the grounds maintenance services contract? Answer: Normal work hours will be from 7:00 a.m. to 6:00 p.m. EXHIBIT ,IA„ Page 12 IFB No. 14-011 CITY OF ROUND ROCK IFB NO. 14-011 GROUNDS MAINTENANCE SERIVCES (CONTINUED) Addendum No.: 2 Date: Monday, 03/10/2014 Question 5: Is there a start to finish completion cycle? Answer: Yes. Part III, Specifications, Section 5. Scheduling, 5.2 on page 8 of 19 has been "REVISED" to read as follows: 5.2 Maintenance Cycles specified herein shall mean the time period between Services. Maintenance Cycle shall be identified with a beginning and ending date, in which all prescribed maintenance activities for each Project Area, shall be completed. A typical maintenance cycle for Project Areas shall range is 10 calendar days within the mowing season. NOTE: Contractor must finish mowing cycle before the start of the next mowing cycle. Question 6: Will the awarded Contractor have to comply with Ozone Action Days? Answer: Yes. The City of Round Rock is part of the Austin/Round Rock Metropolitan Statistical Area and members of the Clean Air Coalition. The awarded Contractor is allowed to utilize equipment with propane tanks; however, Contractor shall abide by the protocol for "Ozone Actions Days" as outlined by Texas Commission on Environmental Quality. Question 7: Is the Contractor responsible for removing growth in following areas: Location #2 - Creekmont, Location #7 Windy Terrace, and Location #11 — Greenlawn Place Park? Answer: The Contractor is not responsible for weed eating the ditch in Location #2 - Creekmont, Location #7 — Windy Terrace, and Location #1 1 — Greenlawn Place Park. Question 8: Is the Contractor responsible for irrigated and non -irrigated areas? Answer: Yes. There is irrigation in Windy Terrace and Chisholm Trail Crossing but not in the other locations. Contractor is responsible for providing mowing, edging and trimming, raking, removing and disposing of litter (as needed) in the Windy Terrace and Chisholm Trail Crossing irrigated areas. However, Contractor is not responsible for maintaining irrigation system; they are responsible for damages that they may cause to existing systems. Question 9: MAP 8 — Chisholm Trail Crossing Park -- at the entrance of the small parking area, there is a planting bed adjacent to the street. Do city personnel maintain this bed, or should its maintenance be included in our bid? Answer: Parks and Recreation staff will maintain these beds at the Chisholm Trail Crossing Park location. EXHIBIT «A„ Page 13 IFB No. 14-011 CITY OF ROUND ROCK IFB NO. 14-011 GROUNDS MAINTENANCE SERIVCES (CONTINUED) Addendum No.: 2 Date: Monday, 03/10/2014 Question 10: MAP 9 — Creekside Plaza Greenbelt --- on the west end (adjacent to what I believe is a restaurant), there is a small parking area on top of a very steep and wooded incline. Is the lawn that's immediately below the parking area (and above the wooded section) to be included in the bid? Answer: Contractor does not need to plan on going beyond the lines on Map #9 for Creekside Plaza Greenbelt. Question 11: Can the City provide the bid tabulation for the previous grounds maintenance bid? Answer: Yes. Refer to previous grounds maintenance bid tabulation sheet labeled as Exhibit E — IFB No. 12-001 Bid Tabulation Sheet and located on the City website at: http:l/roundracktexas.gov/home/index.asp?page=462 NOTE: Bid Item #2 and #3 on IFB No. 12-001 bid tabulation sheet are referred to as Project Areas — Group #1 and Project Areas Group #2 respectively for IFB No. 14-011. Approved by: 1/YA,101,, Michael Schurwon, CTPM, CPPB Purchaser • Date: ^31 / oh* By the signatures affixed below this addendum is hereby incorporated into and made a part of the above referenced solicitation. jACKNOWLEDGED: 11 eo.,-4 Q 1313 Vendor Authorized Signature Date RETURN ONE COPY SIGNED COPY OF THIS ADDENDUM TO THE PURCHASING OFFICE WITH YOUR SEALED PROPOSAL. FAILURE TO DO SO MAY AUTOMATICALLY DISQUALIFY YOUR RESPONSE FROM CONSIDERATION FOR AWARD. EXHIBIT Page i '1 EXECUTED ORIGINAL DOCUMENT FOLLOW CITY OF ROUND ROCK AGREEMENT FOR GROUNDS MAINTENANCE SERVICES WITH HEART OF TEXAS LANDSCAPE AND IRRIGATION CO., INC. THE STATE OF TEXAS CITY OF ROUND ROCK COUNTY OF WILLIAMSON COUNTY OF TRAVIS KNOW ALL BY THESE PRESENTS: THAT THIS AGREEMENT for ground maintenance services, and for related goods and services, (referred to herein as the "Agreement"), is made and entered into on this the e'er day of the month of 10 all , 2014 by and between the CITY OF ROUND ROCK, a Texas home -rule municipality, whose offices are located at 221 East Main Street, Round Rock, Texas 78664-5299 (referred to herein as "City"), and HEART OF TEXAS LANDSCAPE & IRRIGATION CO., INC., whose offices are located at P.O. Box 1236 Belton, TX 76513 (referred to herein as "Services Provider"). RECITALS: WHEREAS, City desires to purchase grounds maintenance services, and to purchase related goods and services, and City desires to procure same from Services Provider; and WHEREAS, City has issued its "Invitation for Bid" for the provision of said goods and services, and City has selected the bid submitted by Services Provider; 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 sufficiency and receipt of which are hereby acknowledged, it is mutually agreed between the parties as follows: 1.01 DEFINITIONS A. Agreement means the binding legal contract between City and Services Provider whereby City is obligated to buy specified services and Services Provider is obligated to sell same. The Agreement includes the following: (a) City's Invitation for Bid designated Solicitation Number 14-011 dated February 2014, Addendum No. 1 dated March 4, 2014, and Addendum No. 2 dated March 10, 2014 (collectively "IFB"); (b) Services Provider's Response to IFB; (c) contract award; and (d) any exhibits, addenda, and/or amendments thereto. Any 00296641/ss2 R-2014-1405 inconsistencies or conflicts in the contract documents shall be resolved by giving preference in the following order: (1) This Agreement; (2) Services Provider's Response to IFB; (3) City's IFB, addendums, exhibits, and attachments. B. City means the City of Round Rock, Williamson and Travis Counties, Texas. C. Effective Date means the date upon which the binding signatures of both parties to this Agreement are affixed. D. Force Majeure means acts of God, strikes, lockouts, or other industrial disturbances, acts of the public enemy, orders of any kind from the government of the United States or the State of Texas or any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, restraint of the government and the people, civil disturbances, explosions, or other causes not reasonably within the control of the party claiming such inability. E. Goods and services mean the specified services, supplies, materials, commodities, or equipment. 2.01 EFFECTIVE DATE, TERM, ALLOWABLE RENEWALS, PRICES FIRM A. This Agreement shall be effective on the date this Agreement has been signed by each party hereto, and shall remain in full force and effect unless and until it expires by operation of the term indicated herein, or is terminated or extended as provided herein. B. The term of this Agreement shall be for thirty-six (36) months from the effective date hereof. After that term, this Agreement may be renewed for two (2) successive twelve- month periods, under the same terms and conditions, only upon the express written agreement of both parties, and only provided that the Services Provider has performed each and every contractual obligation specified in this Agreement. C. Prices shall be firm for the duration of this Agreement and for any renewal periods. No separate line item charges shall be permitted for invoicing purposes, including but not limited to equipment rental, demurrage, costs associated with obtaining permits, or any other extraneous charges. D. City reserves the right to review the relationship at any time, and may elect to terminate this Agreement with or without cause or may elect to continue. 2 3.01 CONTRACT DOCUMENTS AND EXHIBITS City selected Services Provider to supply the services as outlined in the IFB and Response to IFB submitted by Services Provider, all as specified in Exhibit "A." 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 Services Provider in its Response to the IFB. The 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 fully a part of this Agreement as if repeated herein in full. 4.01 ITEMS AWARDED; AND SCOPE OF WORK Items Awarded. All bid items in Exhibit "A" are awarded to Services Provider. Scope of Work: For purposes of this Agreement, City has issued documents delineating the required services (specifically IFB 14-011 dated February 2014, Addendum No. 1 dated March 4, 2014, and Addendum No. 2 dated March 10, 2014). Services Provider has issued its response agreeing to provide all such required services in all specified particulars. All such referenced documents are included in Exhibit "A" attached hereto and made a part hereof for all purposes. When taken together with the appended exhibits, this Agreement shall evidence the entire understanding and agreement between the parties and shall supersede any prior proposals, correspondence or discussions. Services Provider shall satisfactorily provide all services described under the attached exhibits within the contract term specified in Section 2.01. Services Provider's undertakings shall be limited to performing services for City and/or advising City concerning those matters on which Services Provider has been specifically engaged. Services Provider shall perform its services in accordance with this Agreement, in accordance with the appended exhibits, in accordance with due care, and in accordance with prevailing industry standards for comparable services. 5.01 COSTS Bid costs listed on the Bid Sheet, page fifteen (15) of Exhibit "A," in the amount of Twenty - Four Thousand One Hundred Sixty -Seven and 34/100 Dollars ($24,167.34) per year, shalt be the basis of any charges collected by the Services Provider. 6.01 INVOICES All invoices shall include, at a minimum, the following information: A. Name and address of Services Provider; 3 B. Purchase Order Number; C. Description and quantity of items received or services provided; and D. Delivery or performance dates. 7.01 INTERLOCAL COOPERATIVE CONTRACTING / PURCHASING Authority for local governments to contract with one another to perform certain governmental functions and services, including but not limited to purchasing functions, is granted under Government Code, Title 7, Chapter 791, Interlocal Cooperation Contracts, Subchapter B and Subchapter C, and Local Government Code, Title 8, Chapter 271, Subchapter F, Section 271.101 and Section 271.102. Other governmental entities within the State of Texas may be extended the opportunity to purchase off of the City's bid, with the consent and agreement of the successful services provider(s) and the City. Such agreement shall be conclusively inferred for the services providers from lack of exception to this clause in the services provider's response. However, all parties hereby expressly agree that the City is not an agent of, partner to, or representative of those outside agencies or entities and that the City is not obligated or liable for any action or debts that may arise out of such independently -negotiated "piggyback" procurements. 8.01 NON -APPROPRIATION AND FISCAL FUNDING This Agreement is a commitment of City's current revenues only. It is understood and agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year if the governing body of City does not appropriate funds sufficient to purchase the services as determined by City's budget for the fiscal year in question. City may effect such termination by giving Services Provider a written notice of termination at the end of its then current fiscal year. 9.01 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Services Provider will be made within thirty (30) days of the day on which City receives the performance, supplies, materials, equipment, and/or deliverables, or within thirty (30) days of the day on which the performance of services was complete, or within thirty (30) days of the day on which City receives a correct invoice for the performance and/or deliverables or services, whichever is later. Services Provider may charge interest on an overdue payment at the "rate in effect" on September 1 of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas Government Code, Section 2251.025(b); however, this Policy does not apply to payments made by City in the event: A. There is a bona fide dispute between City and Services Provider, a contractor, subcontractor or supplier about the goods delivered or the service performed that 4 cause the payment to be late; or B. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or C. There is a bona fide dispute between Services Provider and a subcontractor or between a subcontractor and its supplier about the goods delivered or the service performed that causes the payment to be late; or D. Invoices are not mailed to City in strict accordance with instructions, if any, on the purchase order or the Agreement or other such contractual agreement. 10.01 GRATUITIES AND BRIBES City may, by written notice to Services Provider, cancel this Agreement without liability to Services Provider if it is determined by City that gratuities or bribes in the form of entertainment, gifts, or otherwise were offered or given by Services Provider or its agents or representatives to any City officer, employee or elected representative with respect to the performance of this Agreement. In addition, Services Provider 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 Services Provider's charges. 12.01 ORDERS PLACED WITH ALTERNATE SERVICES PROVIDERS If Services Provider cannot provide the goods as specified, City reserves the right and option to obtain the products from another supplier or suppliers. 13.01 INSURANCE Services Provider shall meet all insurance requirements as stated in the attached IFB, including all attachments and exhibits thereto, and Services Provider's bid response. 14.01 CITY'S REPRESENTATIVE City hereby designates the following representative authorized to act in its behalf with regard to this Agreement: Randy Gordon Parks and Recreation Department City of Round Rock 5 301 West Bagdad Street, Suite 250 Round Rock, Texas 78664 512-341-3340 15.01 RIGHT TO ASSURANCE Whenever either party to this Agreement, in good faith, has reason to question the other party's intent to perform hereunder, then demand may be made to the other party for written assurance of the intent to perform. In the event that no written assurance is given within the reasonable time specified when demand is made, then and in that event the demanding party may treat such failure as an anticipatory repudiation of this Agreement. 16.01 DEFAULT If Services Provider abandons or defaults under this Agreement and is a cause of City purchasing the specified goods elsewhere, Services Provider 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. Services Provider shall be declared in default of this Agreement if it does any of the following: A. Fails to make any payment in full when due; B. Fails to fully, timely and faithfully perform any of its material obligations under this Agreement; C. Fails to provide adequate assurance of performance under the "Right to Assurance" section herein; or D. Becomes insolvent or seeks relief under the bankruptcy laws of the United States. 17.01 TERMINATION AND SUSPENSION A. City has the right to terminate this Agreement, in whole or in part, for convenience and without cause, at any time upon thirty (30) days' written notice to Services Provider. B. In the event of any default by Services Provider, City has the right to terminate this Agreement for cause, upon ten (10) days' written notice to Services Provider. 6 C. Services Provider has the right to terminate this Agreement only for cause, that being in the event of a material and substantial breach by City, or by mutual agreement to terminate evidenced in writing by and between the parties. D. In the event City terminates under subsections (A) or (B) of this section, the following shall apply: Upon City's delivery of the referenced notice to Services Provider, Services Provider 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, Services Provider shall submit a statement showing in detail the goods and/or services satisfactorily performed under this Agreement to the date of termination. City shall then pay Services Provider that portion of the charges, if undisputed. The parties agree that Services Provider 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 Services Provider shall defend (at the option of City), indemnify, and hold City, its successors, assigns, officers, employees and elected officials harmless from and against all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and any and all other costs or fees arising out of, or incident to, concerning or resulting from the fault of Services Provider, or Services Provider's agents, employees or subcontractors, in the performance of Services Provider'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 Services Provider (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 Services Provider, 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 hereby bind themselves, their successors, assigns and legal representatives to each other with respect to the terms of this Agreement. Neither party shall assign, sublet or transfer any interest in this Agreement without prior written authorization of the other party. 7 21.01 NOTICES All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows: 1. When delivered personally to the recipient's address as stated in this Agreement; or 2. Three (3) days after being deposited in the United States mail, with postage prepaid to the recipient's address as stated in this Agreement. Notice to Services Provider: Heart of Texas Landscape and Irrigation Co., Inc. Attn: Dustin Finch P.O. Box 1236 Belton, TX 76513 Notice to City: Steve Norwood, City Manager 221 East Main Street AND TO: Round Rock, TX 78664 Stephan L. Sheets, City Attorney 309 East Main Street Round Rock, TX 78664 Nothing contained herein shall be construed to restrict the transmission of routine communications between representatives of City and Services Provider. 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 Services Provider and City. This Agreement may only be amended or supplemented by mutual agreement of the parties hereto in writing, duly authorized by action of the City Manager or City Council. 8 24.01 DISPUTE RESOLUTION City and Services Provider 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 Standard of Care. Services Provider represents that it employs trained, experienced and competent persons to perform all of the services, responsibilities and duties specified herein and that such services, responsibilities and duties shall be performed in a manner according to generally accepted industry practices. Time is of the Essence. Services Provider understands and agrees that time is of the essence and that any failure of Services Provider to fulfill obligations for each portion of this Agreement within the agreed timeframes will constitute a material breach of this Agreement. Services Provider 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 Services Provider's failure to perform in these circumstances, City may pursue any remedy available without waiver of any of City's additional legal rights or remedies. Force Majeure. Neither City nor Services Provider shall be deemed in violation of this Agreement if it is prevented from performing any of its obligations hereunder by reasons for which it is not responsible as defined herein. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. Multiple Counterparts. This Agreement may be executed in multiple counterparts, any one of which shall be considered an original of this document; and all of which, when taken together, shall constitute one and the same instrument. 9 IN WITNESS WHEREOF, City and Services Provider have executed this Agreement on the dates indicated. City of Round Rock, Texas By: Printed Name: 1k1av% IllsCivtotv Title: (A(i0}r' Date Signed: S. E) • 4 -- Attest: By: Sara L. White, City Clerk For City, Approve By: Heart of Texas Landscape and Irrigation Co., Inc. By: Printed Name: ►-) 4i rx.,10 Title: i(&Oc 4 nf- VYia ria 124' Date Signed: �l/i ol/Lt JAw1 Vag►v1Vlei,Git *writ 10 ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY. City of Round Rock, Texas Purchasing Division 221 East Main Street Round Rock, Texas 78664-5299 www.roundrocktexas.gov INVITATION FOR BID (IFB) GROUNDS MAINTENANCE SERVICES SOLICITATION NUMBER 14-011 February 2014 EXHIBIT 1 J "A' „ tf Grounds Maintenance Services IFB Solicitation No. 14-011 Class/Item: 988-36 1 988-75 February 2014 CITY OF ROUND ROCK INVITATION FOR SOLICITATION NUMBER 14-011 GROUNDS MAINTENANCE SERVICES PART I GENERAL 1. PURPOSE: The City seeks to establish a multiple year contract with a qualified person, firm or corporation, herein after "Respondent", to provide full, turnkey services inclusive of necessary equipment and labor to maintain grounds on various City park properties, herein after "Services". Vendor shall provide Services to include, but not be limited to, mowing, edging and trimming, raking, removing and disposing of litter as needed within the specified time period(s). City park properties shall be clearly identified within this solicitation and herein referred to as "Project Areas". Project Areas are identified in ATTACHMENT 01 — D11. 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.round roc ktexas.gov/bids. 3. INSURANCE: The Respondent shall meet or exceed ALL insurance requirements set forth by the Insurance Requirements as identified on the City's website at http://www.roundrocktexas.gov/bids. 4. CLARIFICATION: For questions or clarification of specifications, you may contact: Mike Schurwon, CPPB, CPTM Purchaser Purchasing Department City of Round Rock Telephone: 512-2'18-6682 nisch u rwonProundrocktexas.gov The individual listed above may be contacted by e-mail for clarification of the specifications only. No authority is intended or implied that specifications may be amended or alterations accepted prior to solicitation opening without written approval of the City of Round Rock through the Purchasing Division. 5. QUALIFICATIONS: The opening of a response shall not be construed as the City's acceptance of such as qualified and responsive. All Respondents shall: 5.1. Be firms, corporations, individuals or partnerships normally engaged in the sale and distribution of commodity or provision of the services as specified herein. 5.2. Have adequate organization, facilities, equipment and personnel to ensure prompt and efficient service to the City. 5.3. Identify any subcontractors to be used for this project. Experience, qualifications and references of the subcontractors shall be submitted with solicitation documents. The City reserves the right to approve or disapprove all subcontractors, prior to any work being performed. 5.4. Respondent shall possess ground maintenance experience; which includes manicured grass, shrubs, planting beds and tree maintenance. EXHIBIT it All Grounds Maintenance Services IFB Solicitation No. 14-011 Class/Item: 988-36 / 988-75 February 2014 5.5. Provide the name, address, telephone number and e-mail of at least three (3) firms applicable to Municipal and/or Govemment projects that have utilized similar services of size and scope in the past (two) 2 years (Attachment A). City of Round Rock references are not applicable. References may be checked prior to award. Any negative responses received may result in disqualification of submittal. 6. BEST VALUE EVALUATION AND CRITERIA: Alt responses received may be evaluated based on the best value for the City. In determining best value, the City may consider: 6.1. Purchase price; 6.2. Reputation of Respondent and of Respondent's goods or services; 6.3. Quality of the Respondent's goods or services; 6.4. The extent to which the goods or services meet the City's needs; 6.5. Respondent's past relationship with the City; 6.6. The total long-term cost to the City to acquire the Respondent's goods or services; 6.7. Any relevant criteria specifically listed in the solicitation. 7. AGREEMENT TERM: It is the City's intent to structure the agreement as follows: 7.1. The initial term of the resulting agreement shall be three (3) consecutive twelve (12) month periods from the effective award 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. 7.2. The City reserves the right to review the respondents' performance at any time and terminate all or part of the agreement, with or without cause or continue the agreement through the next period. 7.3. If the respondent fails to perform its duties in a reasonable and competent manner, the City shall give notice to the respondent of the deficiencies and the respondent shall have thirty (30) days to correct such deficiencies. If the respondent fails to correct the deficiencies with the thirty (30) days, the City may terminate the agreement by giving the respondent written notice of termination and the reason for the termination. 8. AWARD: The City reserves the right to accept or reject all or part of a response, waive minor technicalities and award the response to best serve the interests of the City. Split awards or non -award may be made at the sole discretion of the City. Award announcement will be made upon City Council approval of staff recommendation and executed agreement. Award announcement will appear on the City's website at http://www.roundrocktexas.qm/bids. 9. ACCEPTANCE: Inspection and acceptance of Services should not take more than five (5) working days from completion of said Services. The vendor will be notified within this time frame if the Services are in full compliance with the specifications. If the agreement is canceled for non-acceptance, the Services may be purchased elsewhere and the vendor may be charged full increase, if any, in cost and handling. 10. ORDER QUANTITY: The quantities shown on the Solicitation form are estimates only. No guarantee of any minimum or maximum purchase quantity is made or implied. The City will only order the quantity of services needed to fulfill requirements, which may be more or less than indicated. 11. PROMPT PAYMENT POLICY: Payments will be made in accordance with the Texas Prompt Payment Law, Texas Govemment 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: EXHIBIT „A» Grounds Maintenance Services IFB Solicitation No. 14-011 Class/ttem: 988-36 / 988-75 February 2014 11.1. 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 11.2. The terms of a federal agreement, grant, regulation, or statute prevent the City from making a timely payment with Federal Funds; or 11.3. There is a bona fide dispute between the Vendor and a subcontractor or between a subcontractor and its suppliers concerning supplies, material, or equipment delivered or the services performed which caused the payment to be late; or 11.4. 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. 12. 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 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 terminate by not providing a renewal contract or by providing the Vendor written notice of termination at the end of its then current fiscal year. 13. CANCELLATION: The City reserves the right to cancel the Agreement without penalty by providing 30 days prior written notice to the Vendor. Vendor shall provide the City with 120 days written notice prior to cancellation of the Agreement and shall continue services for a period of time not to exceed 120 days after written notification. Termination under this paragraph shall not relieve the Vendor of any obligation or liabilitjr that has occurred prior to cancellation. NOTE: This Agreement is subject to cancellation, without penalty, at any time the City deems the vendor to be non-compliant with contractual obligations. 14. 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. The Vendor shall be responsible and liable for the safety; injury and health of its working personnel while its employees are performing service work. 15. ENVIRONMENT: It is the intent of the City to purchase goods and services having the least adverse environmental impact, within the constraints of statutory purchasing requirements, departmental needs, availability, and sound economic considerations. Suggested changes and environmental enhancements for possible inclusion in future revisions of this specification are encouraged. EXHIBIT „A„ Grounds Maintenance Services IFB Solicitation No. 14-011 Class/Item: 988-36 / 988-75 February 2014 PART 11 SCHEDULE 1. SOLICITATION SCHEDULE: It is the City's intention to comply with the following solicitation timeline: 1.1. Solicitation released 1.2. Pre -Bid Solicitation Meeting & Site Visit (Non -Mandatory) 1.3. Deadline for questions 1.4. City responses to all questions or addendums 1.5. Deadline for Responses February 26, 2014 March 5, 2014, 10:00 AM, C.S.T. March 7, 2014 March 10, 2014 March 14, 2014, 3:00 PM, C.S.T. The City reserves the right to modify these dates. Notice of date change will be posted to the City website. All questions regarding the solicitation shall be submitted in writing by Friday, March 7, 2014, at 5:00 PM (CST) to Mike Schurwon, CPPB, CTPM, Purchaser; City of Round Rock by e-mail: mschurwonRroundrocktexas.gov on the date noted above. The City shall provide answers to all questions by Monday, March 10, 2014, at 5:00 p.m. (CST). The City shall not be responsible for failure of electronic equipment of operator error. A copy of all the questions submitted and the City's response to the questions shall be posted the City of Round Rock webpage, http://www.roundrocktexas.gov/bids. 2. PRE-BID SOLICITATION MEETING AND SITE VISITS: The City will conduct a pre-bid solicitation meeting for all interested Respondents to ask questions concerning the solicitation. 2.1. Meeting date, time and location: Wednesday, March 5, 2014 at 10:00 AM City of Round Rock Parks & Recreation Department, 2nd Floor Conference Room 301 W. Bagdad, Suite 250 Round Rock, Texas 78664 2.2. The City strongly recommends attendance at the pre-bid solicitation meeting; however, the meeting is non- mandatory. Respondents shall sign -in at the meeting to document their attendance. 2.3. Respondents are required to provide their own transportation to the meeting. 2.4. Additionally, it is the responsibility of the Respondent to inspect each Project Area in their own time to familiarize themselves with the conditions, difficulties and restrictions of each. 2.4.1. Respondents are responsible for evaluating the quantities and amounts of required supplies, taking precise measurements, determining material requirements and any other related details during said inspection. 2.4.2. The act of submitting a response shall be considered acknowledgement by the Respondent that they have inspected the Project Areas, taken field measurements and are familiar with the conditions and requirements affecting the work. 2.4.3. Failure to do so will not relieve the successful Respondent of the obligation to furnish all materials and labor necessary to carry out the provisions contained herein. EXHIBIT Grounds Maintenance Services IFS Solicitation No. 14-011 Class/Item: 988-36 / 988-75 February 2014 3. RESPONSE DUE DATE: Signed and sealed responses are due no later than 3:00 PM, Friday, March 14, 2014, as noted above to the Purchasing Department. Mail or carry sealed responses to: City of Round Rock Purchasing Department Attention: Mike Schurwon 221 E. Main Street Round Rock, Texas 78664-5299 Grounds Maintenance Services IFB Number 14-011 Deadline: March 14, 2014, 3:00 pm "DO NOT OPEN" 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. RESPONSE REQUIREMENTS: Respondent shall submit one (1) executed (signed) "Original" and three (3) copies of the bid response. Completed documentation shall include, at a minimum: 4.1. Itemized and signed solicitation document. Failure to itemize solicitation may result in disqualification. 4.2. ATTACHMENT A: Reference sheet that shall include the name, address, active telephone number and valid e-mail of at least three (3) firms applicable to Municipal and Government projects that have utilized similar services in the last two (2) years. 4.3. ATTACHMENT B: List of three (3) currently maintained sites to include the site address, client name, address, active telephone number and valid e-mail. The City may visit these sites and speak to these clients prior to making a selection. 4.4. ATTACHMENT C: Provide completed Respondent Questionnaire and Equipment List herein attached and made a part of this solicitation. 4.5. Photos of front, back and sides of intended Service truck(s). 4.6. Identification of subcontractors that will be involved in the performance of the Services. 5. POST AWARD MEETING: The City and Respondent shall conduct a post award meeting to discuss, but not limited to the following: 5.1. City contact(s) information for implementation of agreement. 5.2. Agreement terms and conditions. 5.3. Performance Measures EXHIBIT Grounds Maintenance Services IFB Solicitation No. 14-011 Class/Item: 988-36 / 988-75 February 2014 PART III SPECIFICATIONS 1. SCOPE OF WORK: Services shall be inclusive of necessary equipment and labor to maintain grounds at various Project Areas. Services shall include, but not be limited to mowing, edging and trimming, raking, removing and disposing of litter (as needed) within the specified time period(s). The City of Round Rock's goal is to maintain and establish a respectable appearance to Project Areas, so that it discourages dumping and other undesirable activities. A listing of the Project Areas to be maintained and the corresponding maps are herein as ATTACHMENT D1 — D11 and made a part of this solicitation. 2. SERVICE REQUIREMENTS: The successful Respondent shall: 2.1. Obtain and provide all supervision, scheduling, labor, equipment, services, fuel, oil, incidentals, permits, notifications and related items necessary to complete the work as required by the specification. 2.2. Furnish all tools, hard hats, safety vests, rubber boots, gloves, transportation to and from the work area, and all other safety materials or devices necessary to perform the work in a safe and orderly manner. 2.3. Have an on-site supervisor at the site any time work is performed. 2.4. Protect all existing and newly installed work, materials, equipment, improvements, utilities, structures, and vegetation. Any property or incidentals damaged shall be repaired or replaced by the successful Respondent to the satisfaction of the City. 2.5. Work shall be performed on a schedule defined by the City to the specifications defined herein. 2.6. All work shall be performed in a professional workmanlike manner. 2.7. All supporting documentation specified herein shall be submitted with invoice prior to the City processing payment. 3. CITY RESPONSIBILITY: City will: 3.1. Appoint a City designated representative. 3.2. Monitor and inspect the ground maintenance at designated sites. 3.3. Coordinate all work and scheduling with the successful Respondent. 4. EQUIPMENT: Prior to start of Services, all equipment may be examined and approved by City. The City reserves the right to randomly inspect all equipment at any time during the term of the agreement or any extension period. 4.1. Insufficient and/or inadequate equipment as determined by the City is cause for rejection of any and all proposals. 4.2. Recommended minimum equipment for one (1) Project Area is: 4.2.1. Two (2) out -front rotary mowers; 4.2.2. Two (2) gas powered blowers; 4.2.3. Four (4) gas powered string trimmers; 4.2.4. Two (2) gas powered edger's; and, 4.2.5. One (1) trailer to transport mowers and equipment 4.3. All medians shall be mowed with an out -front type mower. No tractors, brush hogs, 580-D or similar type equipment shall be used on this project. 4.4. All mowers shall be equipped with either safety chains or the manufacturer's safety device to prevent mower thrown objects. 4.5. Chain shall be a minimum of 5/16 inches in size and links spaced side by side around the mower's front, sides, and rear. EXHIBIT „A» Grounds Maintenance Services IFB Solicitation No. 14-011 Class/Item: 988-36 / 988-75 February 2014 4.6. Maximum cutting widths for rigid frame rotary mowers shall be 108 inches. 4.7. Hinged, batwing and brush hog drag mowers shall only be used with written approval from the City. 4.8. AU mowing equipment must be equipped with turf -type tires. Cleated or ribbed tractor tires shall be "prohibited". 4.9. All mowers shall be kept in good operating condition and shall be maintained to provide a clean, sharp cut of vegetation at all times. 5. SCHEDULING: Upon issuance of a Work Authorization, successful Respondent shall begin work and proceed with all reasonable dispatch to completion maintaining the established Daily Production Rate Goal (defined below). The successful Respondent will be required to maintain all Project Areas assigned in the time allotted for each. Work started within a Project Area shall be completed in consecutive days, per the schedule in the Work Authorization. 5.1. It is anticipated that the mowing season will run eight months per calendar year and will begin March 1s' and end by November 30th. 5.2. Maintenance Cycles specified herein shall mean the time period between Services. Maintenance Cycle shall be identified with a beginning and ending date, in which all prescribed maintenance activities for each Project Area shall be completed. A typical maintenance cycle for Project Areas shall range from is 14 calendar days with in the mowing season. 5.3. The Daily Production Rate Goal shall refer to the average acreage the City seeks to maintain per day. The Daily Production Rate Goal shall be calculated in the following manner: PROJECT AREA ACREAGE ÷ NUMBER OF DAYS iN CYCLE = DAILY PRODUCTION RATE GOAL 5.4. Failure on the part of the successful Respondent to maintain the established Production Rate Goal as set forth within the Work Authorization shall be sufficient reason for default and the City will contract with another service provider(s) to complete immediate services. The successful Respondent shall have forty-eight (48) hours of written notice to resolve any non-compliance. If others complete the work, any additional cost caused by a higher bid price will be deducted from the original successful Respondent's next payment, if any. 5.5. The City reserves the right to modify the Maintenance Cycles and Project Areas at any time pursuant to the specifications contained herein. This determination will be made by the City and communicated to the successful Respondent in writing via e-mail or fax. Modification can include cancelling a Maintenance Cycle or Project Area. 5.6. Cancellations of a Work Authorization may be based upon need or inclement weather conditions or other mitigating circumstance to be determined by the City. This determination will be made by the City and communicated to the successful Respondent in writing via e-mail or fax. 6. GROUNDS MAINTENANCE: Upon receipt of Work Authorization, all Project Areas shall be maintained as follows: 6.1. Trimming shall mean the cutting or removal of all plant material immediately adjacent to or under Project Area structures, poles, trees, signs, and fences. All structures, trees, poles, signs, fences and shrub beds shall be trimmed flush with the object. 6.1.1. Special care shall be given to trimming around small trees as not to inflict damage to the bark of the trees. 6.1.2. All trimming shall be accomplished maintaining the required 3-4 inch cutting height. 6.1.3. All trimming shall be accomplished concurrently with mowing operations. 6.1.4. Trimming shall also include removal of all plant material from expansion joints and any other cracks in curbs, sidewalks (both sides), driveways and any other pavement surface within park property, media or rights of way. 6.1.5. Trimming shall leave no vegetation overhanging onto concrete; and shall result in a six (6) inch bank around obstacles. EXHIBIT „A» Grounds Maintenance Services W8 Solicitation No. 14-011 Class/Item: 988-36 / 988-75 February 2014 6.1.6. Chemical Trimming shall refer to the use of herbicide as an alternative to the physical removal or cutting of plant material from areas to be trimmed. 6.1.6.1. Band of chemical application shall not exceed six (6) inches from target structure of chemical treatment. 6.1.6.2. Written approval of herbicide use shall be obtained from the City prior to application. 6.1.6.3. Chemical application shall be in compliance with label directions and the Texas Structural Pest Control Board (SPCB) and Texas Department of Agriculture (TDA) rules and regulations. 6.1.6.4. Treated weeds that are left after kill by chemical application shall be removed from area. 6.2. Edging shall mean the vertical removal of any and all plant material which encroaches over or onto sidewalks (both sides), curbs, steps, driveways, and pavements. 6.2.1. Edging cut shall remove vegetation from pavement services and result in a visible separation of turf from pavement. 6.2.2. Sidewalks, curbs, and steps shall be mechanically edged to a one (1") inch depth and 1/4 inch width where they exist exposing the pavement surface. 6.2.3. The initial edging shall be completed by the end of first cycle. 6.2.4. All edges shall be maintained through the duration of contract. 6.2.5. Edging and maintenance of edges shall use a vertical cut approach. 6.2.6. All material dislodged by edging shall be removed from site. 6.2.7. Sidewalks shall be edged on both sides. 6.2.8. Chemical Edging shall refer to the use of herbicide as an alternative to the physical removal or cutting of plant material from areas to be edged. 6.2.8.1. Written approval of herbicide use shall be obtained from the City prior to application. 6.2.8.2. Chemical application shall be in compliance with label directions and the Texas Structural Pest Control Board (SPCB) and Texas Department of Agriculture (TDA) rules and regulations 6.2.8.3. Chemical treatments shall be growth regulators; however, herbicides can be used in nose cones and pavement areas only. 7. MOWING: 7.1. Upon receipt of Work Authorization, all grass shall be cut at a height of 3-4 inches. 7.2. Project Areas shall be completely mowed to the boundaries identified on the attachments and be field verified by City staff at the initial commencement of Services within 24 hours of start of mowing of said area. 7.3. No scalping shall occur. Scalping shall mean any action resulting in the mowing of any turf area below a three-inch (3") height down to and including the soil. 7.4. Contractor is responsible for taking special care when mowing all park land and linkage areas. Under no circumstances shall the awarded Contractor mow down or over any Targe patches of wildflowers in any of the designated park land area or linkage areas. 7.5. Care shall be taken to prevent discharge of grass clippings onto paved surfaces such as streets, parking lots, sidewalks, driveways, or onto adjacent properties. Any material so discharged shall be removed immediately prior to proceeding with mowing of other areas. 7.6. Successful Respondent shall use extreme care when mowing against fences, property lines, and other obstacles. Damage sustained to a homeowner's property as a result of Services shall be the responsibility of the successful Respondent. Where there is a fence line, the successful Respondent shall mow and trim to fence line. All ditches shall be maintained. Slopes and bottoms of ditches shall be trimmed or mowed at a 1 EXHIBIT „A» Grounds Maintenance Services IFB Solicitation No. 14-011 Class/Item: 988-36 / 988-75 February 2014 height of 3"- 4". If an area is maintained by a homeowner, the successful Respondent shall not mow that area. 7.7. Upon completion, a mowed area shall be free of dumped grass and tire tracks or ruts from the mowing equipment. 8. REMOVAL OF GRASS CLIPPINGS: Removal of cut grass from the Project Areas where growth occurred shall not be required unless grass is clumped. However, cut grass and debris which falls or is thrown upon the pavement, streets, sidewalks, driveways, or adjacent properties through the action of mowing or the action of the work crew, shall be removed from the area prior to the exit of the work crew from the work site. 9. TRASH, LITTER AND DEBRIS REMOVAL: Shall mean any rubbish within the Project Area such as paper, cans, bottles, limbs four (4") inches diameter or smaller, trash bags and rocks, which is not intended to be present as part of the landscape. For this function, Project Areas shall include streets, sidewalks, curbs, catch basins, gutters, hillsides and ditches. For items larger than 4", successful Respondent shall contact the City's designee to make City aware and coordinate removal. 9.1. Removal of debris shall require sweeping or blowing off of hard surfaces such as sidewalks and concrete noses of medians. 9.2. Successful Respondent shall remove all trash and litter from the Project Areas prior to initiating any mowing of the turf areas. 9.3. All trash and litter removed shall be disposed of by successful Respondent legally at an off-site location. 9.4. No litter or debris shall be visible in finished Project Area after services are performed. 10. FERTILIZERS: No fertilizers are required within this scope of work. 11. DAMAGE: Damage caused to City or private property as a result of performance of Services shall be remedied at the expense of the successful Respondent. 11.1. The successful Respondent shall inspect all trees, adjacent properties, structures and utilities for existing damages prior to conducting any work activity in the assigned Project Areas. Observed tree damage or damage to properties, structures and utilities shall be documented to the City prior to beginning any Services. Project Areas may be checked for damage by the City prior to commencement of Services, and randomly during the Agreement term at the option of the City. Repair or replacement of trees, properties, structures and utilities shall be reported to the City and at repaired/replaced at the expense of the successful Respondent. 11.2. Successful Respondent shall, at his own expense, carefully protect all trees, properties, structures and utilities within Project Areas so that there shall be no damage or utilities service loss. 12. WORK CREW: Only qualified, trained, competent and reliable personnel shall perform Services. 12.1. The City shall have the right to request the immediate removal from its premises of any crew member or subcontractor crew member if they are not in compliance with this specification. 12.2. Each work crew shall have a designated Supervisor attending the work site with the authority to direct Service and respond to crew inquiries about Service details or priorities. 12.3. Work crews shall not take individual rest breaks or lunch breaks in City park land or linkage areas while performing grounds maintenance services. 13. SAFETY OF WORK CREW: Due to the high visibility of work crews from the roadways, safety of the work crews shall include but not be limited to the following: 13.1. Successful respondent's crew shall wear and display proper warning devices (safety vest, flashers, strobe lights and warning signs) in order to ensure both employee and public safety. Crew shall dress and remain dressed in a presentable fashion. Inappropriate dress includes, but is not limited to, bare chest (no shirt), shorts while trimming or edging, and absence of, or proper use of safety clothing and devices. EXHIBIT nAil Grounds Maintenance Services IFS Solicitation No. 14-011 Class/Item: 988-36 / 988-75 February 2014 13.2. The successful respondent shall be responsible for furnishing all signs and traffic controls as required by law, and make adjustments as required by City. 13.3. All signs shall be mounted on their own stands and be mounted not less than three feet (3 ft.) from the bottom of the sign to the natural ground line. Each sign shall have two brightly colored safety flags attached to it. It will not be permissible to hang or lean these signs. The signs shall be erected in such a manner that they shall not obstruct the traveling public view of the normal roadway signing. 14. VEHICLE IDENTIFICATION AND PARKING: Successful respondent vehicles shall be licensed for travel on public roads, and shall have the name of the successful Respondent clearly displayed on each side of the vehicle. 14.1. Vehicles shall park in areas that do not create potentially hazardous traffic situations. 15. COMMUNICATION: The successful Respondent shall provide communication equipment as necessary to perform the Services. This may include 2 -way radios, pagers, cellular phones, telephone answering devices, e-mail and fax machine. 15.1. The successful Respondent shall respond to communication requests from the City within twenty four (24) hours during the normal working hours of 7:30 a.m. to 5:00 p.m. 15.2. The successful Respondent shall make contact with the City, at a time mutually agreed upon by the City and the successful Respondent. This contact is for the purpose of discussing areas to be maintained, Successful Respondent's work schedule for the day, areas to be inspected for approval, and Work Authorizations that need to be signed. Failure to contact the City's authorized designee, or designee, per the agreed upon schedule may constitute a breach of Contract and termination of Agreement. 16. LIQUIDATED DAMAGES: Failure of the successful Respondent to perform as specified herein may result in a $250 assessment per incident per day to be applied and may also result in the termination of the agreement by the City. WORK AUTHORIZATION, INSPECTION OF WORK AND WORK RECORD SUMMARY: 16.1. A Work Authorization shall be issued from the City as notification to begin Services in a designated Project Area. The Work Authorization shall; 16.1.1. Be issued before work is to begin in the specified Project Area and shall follow the schedule of maintenance cycles as closely as possible. 16.1.2. Consist of a written list of Project Area's designated for Services. 16.1.3. Be considered complete when all work has been inspected and approved by the City and has been signed by the City. Such information shall consist of grounds maintenance locations, acreage/mileage actually maintained, and the acceptability of the maintenance activities performed, date of completion. 16.1.4. It shall be mandatory that all Work Authorizations be completed after the end of each cycle, before another Work Authorization may be issued. Failure to obtain Work Authorization prior to beginning Services for the next cycle may be considered a breach of contract by and grounds for termination of Agreement by the City. 16.2. The City shall make inspections or re -inspections to ensure the Services performed are completed per specification and in accordance with prescribed time schedules. Written approval of inspection shall accompany the completed Work Authorization and is required for payment. Upon determination of any violation of the specifications and/or terms of the agreement, the City shall proceed with appropriate action. 16.3. Work Record Summary shall mean a written record detailing the times and locations of when the successful Respondent and employees were on the job site performing Services A Work Record Summary shall accompany all Invoices and Work Authorizations detailing dates, times, and locations of when work was completed per Contract specifications. Invoices without the supporting Work Authorization and Work Record Summary shall not be approved for payment. EXHIBIT „A» Grounds Maintenance Services IFB Solicitation No. 14-011 Class/Item: 988-36 / 988-75 February 2014 16.4. The City hereby designates the following representative(s) authorized to act in its behalf with regard to all inspections, re -inspections, work authorization and work record summaries as follows: Mr. Kenneth Goldwire Superintendent - Parks & Recreation Department City of Round Rock 301 W. Bagdad, Suite 250 Round Rock, TX 78664 Telephone: (512) 341-3348 E-mail: kgoldwire(a7roundrocktexas.gov EXHIBIT «A» i Grounds Maintenance Services IFB Solicitation No. 14-011 Class/Item: 988-36 /988-76 February 2014 INVITATION FOR BID (IFB) CITY OF ROUND ROCK PURCHASING DEPARTMENT 221 E. Main Street Round Rock, Texas 78664-5299 Responses are due to the Purchasing Department at the above address by 3:00 PM, March 14, 2014. Show solicitation opening date & solicitation number in lower left hand comer of sealed response envelope with return address of responding firm. Facsimile responses shall not be accepted INVOICE TO: CITY OF ROUND ROCK ACCOUNTS PAYABLE 221 EAST MAIN STREET ROUND ROCK, TEXAS 78664.5299 Respond F.O.B. Destination, Freight prepaid and allowed unless otherwise specified below DESTINATION: CITY OF ROUND ROCK VARIOUS LOCATIONS 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." Solicitation Information: Ground Maintenance Services Solicitation Number Opening Date: Opening Time: Response Location: 221 E. Main Street Purchasing Department Round Rock, TX 78664 14-011 March 14, 2014 3:00 PM Return evident signed one (1) original and three (3) copies of Respondent shall sign below Failure to sign response will disqualify response Authorized Signature 4 O a+-. In Print Name 3/13/1 ale RESPONDENT INFORMATION TAX ID NO.: 7L1 - 2,5.,�3 %}�? LEGAL BUSINESS NAME:11.er„, %-ocre tt/)- £4 h AC= y FP 4-1 , ADDRESS: 1p B I Z.B (i ge I 43�1 , 7): 7(c S / 3 CONTACT'. J 5 4,'N c-" `l TELEPHONE NO: 02,94 q3 / 2S LE BUSINESS ENTITY TYPE: 5 COne04 bo -f, sr-) E-MAIL:Du.,4-, .:, 6 /40 1- !4 n cl s L-riy7 e • C 0.41 Respondent agrees to comply with alt conditions set forth in this solicitation. ITEMIZED BID SHEET FOLLOWS EXHIBIT „A„ Grounds Maintenance Services IFB Solicitation No. 14-011 Class/Item: 988-36 / 988-75 February 2014 SOLICITATION INSTRUCTIONS ITEMS BELOW APPLY TO AND BECOME A PART OF TERMS AND CONDITIONS OF SOLICITATION ANY EXCEPTIONS THERETO MUST BE IN WRITING 1. SOLICITATION REQUIREMENTS: 1.1 Responding requires pricing per unit shown and extensions. I trade discount is shown on solicitation, it should be deducted and net line extensions shown. Respondents guarantees product offered will meet or exceed speed -cations identified in this Invitation for Bid (IFB). 1.2 Solicitations shall be submitted on Solicitation Sheet. Each response shad be placed in a separate envelope completely and properly identified. Responses must be in the Purchasing Department before the hour and date specified on the solicitation. 1.3 Late responses properly identified will be returned to respondent unopened. Late responses will not be considered. 1.4 Respond F.O.B. dest'ma6on, freight, prepaid, 8 allowed unless otherwise specified on the solicitation. if otherwise, show exact cost to deliver, 1.5 Response shall' show unit price on quantity and unit of measure speed, extension and show total. In case of errors in extension, untt prices shall govern. Responses subject to unlimited price increase wit 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. Ai cash discounts offered will be taken if earned. 1.7 Responses shall give Tax Identificatdo Number, full name and address of respondent. Faure to sign will disqualify response. Person signing response shall show title and authority to bind signatories firm in an agreement. Firm name should appear on each page in the block provided in the upper right comer. Business Entity shall be one (1) of the following: Individual, Partnership, Sole Proprietorship, Estate/Trust. Corporation. Governmental. Non-profit, all others shall be specified. INDIVIDUAL: List name and number as shown on Social Security Card. SOLE PROPRIETORSHIP: List legal name followed by legal business name and Social Security Number. ALL OTHERS: List legal name of entity and Tax Identification Number (TIN). 1.8 Responses cannot be altered or amended after opening time. Any Alterations made before opening time shall be initialed by respondent or an authorized agent. No response can be withdrawn after opening lime without approval of the CITY based on a written acceptable reason. 1.9 The City is exempt from State Sates Tax and Federal Excise Tax. Do not include tax in response. 1.10 The City reserves the right to accept or reject all or any part of response, waive minor technicalities and award the response to best serve the interests of the City. Split awards may be made at the sole discretion of the City. 1.11 Consistent and continued tie responses could cause rejection of responses by the City and/or Investigation for antitrust violations. 1.12 Telephone, facsimie, and electronically transmitted responses are not acceptable In response to the solicitation. 1.13 CAUTION: Solicitation invitation allows sufficient time for receipt of the preferred mail response. The City shall not be responsible for responses received late, ilegible, incomplete, or otherwise non-responsive. 2. SPECIFICATION: 2.1 Any catalog, brand name or manufacturer's reference used in the solicitation is descriptive only (not restrictive). and is used to indicate type and quality desired. Responses on brands or like nature and quality will be considered unless advertised under the provisions of Section 252.022 of the Texas Local Government Code. If other than brand(s) specified is offered. illustrations and complete descriptions of product offered are requested to be made a part of the response. If respondent takes no exceptions to specifications or reference data in response, respondent win be required to fumish brand names, numbers, etc., as specified in the solicitation. 2.2 All items on the solicitation shall be new, In first class condition, including containers suitable for shipment and storage, unless otherwise indicated in the solicitation. Verbal agreements to the contrary will not be recognized. 2.3 Samples, when requested, must be furnished 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, G-ily solicitation number and code. Do not enclose in or attach to response. 2.4 The City wil not be bound by any oral statement or representation contrary to the written specifications of the solicitation. 2.5 Manufacturer's standard warranty shag apply unless otherwise stated in the solicitation. 3: TIE RESPONSES: In case of tie responses, the award will be made in accordance with Section 271.901 of the Texas Local Government Code. 4. DELIVERY: 4.1 Response shall show number of days required to place material in City's designated location under normal conditions. Failure to state deliver lime obligates respondent to complete delivery in fourteen (14) calendar days. Unrealistically shod or long delivery promises may cause response to be disregarded. Consistent Faaure to meet delivery promises without valid reason may cause removal from Vendor hist. (See 4.2 following.) 4.2 If decay is foreseen, Vendor shall give written notice to the City. The City has the right to extend delivery date if reasons appear valid. Vendor shall keep the City advised at all times of status of order. Default in promised delivery (without acceptable reasons) or faiure to meet specifications, authorizes the City to purchase supplies elsewhere and charge full increase, if any, ton cost and handling to defaulting Vendor. 4.3 No substitutions ar cancellations permitted without written approval of the City. 4.4 Delivery shall be made during normal working hours only, unless prior approval for late delivery has been obtained from the City, unless otherwise 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 all times and places. Authorized City personnel shall have access to any supplier's place of business for the purpose of inspecting merchandise. Tests may be performed on samples submitted with the response or on samples taken from regular shipments. If the products tested fail to meet or exceed all conditions and requirements of the specifications, the cost of the sample used and the cost of the testing shat be borne by the supplier. Goods, which have been delivered and rejected in whole or in part, may, at the City's option, be returned to the Vendor or held for disposition at Vendor's risk and expense. Latent defects may result in revocation of acceptance. 6. AWARD OF AGREEMENT: A response to a solicitation is an offer to contract with the City based upon the terms, conditions, and specifications contained in the solicitation. Responses do not become agreements or purchase orders unless and until they are accepted by the City through its designates and an agreement or a purchase order is issued. The agreement or purchase order shat be governed, construed, and interpreted under the Charter of the City and the laws of State of Texas. All agreements or purchase orders are subject to the approval of the City Council or Manager. 7. PAYMENT: Vendor shall submit three (3) copies of an invoice showing the agreement or purchase order number on all copies. B. PATENTS AND COPYRIGHTS: The Respondent agrees to protect the City from claims involving infringements of patents or copyrights. 9. RESPONDENT ASSIGNMENTS: Respondent hereby assigns to the purchaser any and alt claims for overcharges associated with this agreement, which arise under the antitrust laws of the Slate of Texas. TX, Bus. And Comm. Code Ann. Sec. 15.01, et seq. (1967). 10, RESPONDENT AFFIRMATION: 10.1 Signing the response with a false statement is a material breach of agreement and shall void the submitted response or any resulting agreements, and the Respondent shall be removed from all Vendor lists. By signature hereon affixed, the respondent hereby certifies that 10.2 The respondent has not given, offered to give. nor intends to give any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount tip, favor, or service to a public servant in connection with the submitted response. 10.3 The respondent is not currently delinquent in the payment of any debt owed the City. 10.4 Neither the respondent nor the firm, corporation, partnership, ar any entity represented by the respondent, or anyone acting for such firm, corporation, or entity has violated the antitrust laws of this State codified in Section 15.01 et. Seq. Texas Business and Commercial Code, or the Federal Antitrust Laws, nor communicated directly or Indirectly the response made to any competitor, or any other person engaged to such tine of business. 10.5 The respondent has not received compensation for participation in the preparation of the specification for the solicitation. 11. NOTE TO RESPONDENTS: Any terms and conditions attached to response will not be considered unless the respondent specifically references them on the front of the response form. WARNING: Such terms and conditions may result in disqualification of the response (e.g. responses with the laws of a state other than Texas requirements for prepayment, Limitations on remedies, etc.) The City of Round Rock can only accept responses which contain all the terms and conditions of its formal solicitation; in particular, all respondents' affirmations and certifications must be included. Submission of responses on forms other than City's form may result in disqualification of your response. 12. INQUIRIES: Inquiries pertaining to Solicitation invitations must u% - - - - Npening date. EXHIBIT „A„ 1 1i ti rvf N N00 C M • a 11 o j., 0 O (�u�p 1^ 0 L 0 C Z C • c O 0 LL ... 0 O 0 0 u i -c3 10 U IC tD = C 'co 2 ul O 0 Project Areas - Group #1 S %n an If} (110 N VT ,n N VI) N .9 rn 4-4 H .5 Total Acres 0 O A H a co N 0 t0 40 C°0 a 0 N CO 10 M r M 0 rn 0 INS en el w 0 v 0 0 H Dei d 0 N N r1 N ti Y a 0 C a -V m C 01 co 0 C a. �qq O7 C co Q; 0' 0 .0 01 m 2 LL .` 0 ID 2 Park Address _0 0 CI 0 CO 0 0 3 0 0 0. v 0 17. 40 er_-.. .0 .'O 10 0 m 2 .i s a 5i .� aid ei E z 40 o. os 0 c a Y c 0 g 0 '0 0 l, a 0 o co v 4, E 0 m w 3 Lid k v CC0 O # dew .-i N M v 1n VIOZ Project Areas - Group #2 • x a.• 01 aoO cu u c a m 0 13 co JC • } O 1/1 a(44.^ V] Ih fh N r N ' H VI K N ' N 1.11 44 0 tit r ti 11) in O 4" .`J 0- .-9 N 0 a u Q m O F-. o. n m M CO N 0 0, 100 0 n M m ut e m M m 0 v 4-4 M } N et r4-1 90 N CO N co N 0, -4 N F d0. 0. 6 P.• 0 r 01 Z N 01 Y C e .1 01 m 0 SL C c 3 1) 0 a O c J at 0 Y W .0 J 0p 0 a d c J Park Address N a c Q; a N 0 O .0 4.49 500 Chisholm Trail JL tf O v e Ce O Ql a 0 4-3 H a 8 D 0 .0 0 N 0 0 14 n I0 M m N a fr1 0 0 ir1 v1 m 111 Bradford Park 8 iF. .0 0 01 (0 0 oa 40 : a 0i EW 0 E 0 .0 .0 .0 0 a 0 0 v i 0 0. 0 0 .J E a 9- 3 3 a b diElthibittAAG VLOZ Grounds Maintenance Services IFS Solicitation No. 14-011 Class/Item: 988-36 / 988-75 February 2014 ATTACHMENT A RESPONDENT'S REFERENCE SHEET PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE SOLICITATION NUMBER: J " 011 RESPONDENT'S NAME: II -I'4 ref O Trxri-S DATE: 3/13 /i Provide the name, address, telephone number and point of contact of at least three (3) firms applicable to Municipal and/or Government projects that have utilized similar service for at least two (2) years. City of Round Rock references are not applicable. References may be checked prior to award. Any negative responses received may result in disqualification of solicitation. 1. Company's Name Name of Contact Title of Contact E -Mail Address Present Address City, State, Zip Code Telephone Number 2. Company's Name Name of Contact Title of Contact E -Mail Address Present Address City, State, Zip Code Telephone Number 3. Company's Name Name of Contact Title of Contact E -Mail Address Present Address City, State, Zip Code Telephone Number Soi-t 't west lit) , it , r. 50, i G� ev l p -k- r P77 -4-1c- f4-1-7elL 'lett IY'.S (',,.;EI, it (9116 0o.5 CIL I75- Le t, � �f' -Fc 7 j (6/2- /Z ) (02-14- .21q14 Fax Number: () 4113 N30 tier i IZor.- r Pct n fi. Ptcl n n',.acr (1n c CO.h 51-a l.�cfi Su (4e4 -Z._ vi3 u lJ2Ceyint•IC:' p/�' -be. -3 2-1 0 E. v E:1") -.S -L. 1...'6 1-1- / ja�c fcl 6 1"'h-v'%e. '1% 7 t szv I (a5zl)q)3-(or`i' Fax Number: ( LSI) 11 69t4 11 Yom/ G,xr v Ce'zi y E'ZL.I�f- �ti ori 6-6 1. i' 11 {.A.,114-47 ;'O. L' 1A 30 1 wPS ( 1oc iO 1Z4 be. 1 4-0.4 1 rt: '7 t- SI 3 C2-52-1 ) C13' - 5 34 Fax Number. (;z i / ) t'33 53s�� FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD. EXHIBIT „A„ Grounds Maintenance Services IFB Solicitation No. 14-011 Class/Item: 988-36 /98845 February 2014 ATTACHMENT B CURENTLY MAINTAINED SITES For Solicitation #14-011 j 1 Grounds Maintenance Services Name of Respondent: t4.e ce ? i7 err re )e t5 1-7 .S -;Ve tilentend fnntectNAM ' -> /''Irfned 14. AddressotSlte'":.' • Telephone . E-MrVI!Wiest t 301 S. 6e,e,e-r44- .iruc-e 6'4- //-4 met oil iA-lP,P,i 13k il-k 4-A 41 -44:.1 -)ho -td -9-6 Teo -tot T.r 'TY I t: 5"1 •3 Imo, a...4...; v it . co.. dkntendContsctgime t. -o ' '1)17a "' -AddreseOgee , (o f)1 .5 3l 5L Telephone •' ' ` •' f•MdlAddtesi.. '_ 14r». pi #-n 1 ,:2 si '77-L/L35 U VYt ke i 6 Sc-) 02.67 re t.e; 7L.03 (Yi-e.t.S,5et- re_e.. a I entend Contort Name < Mime Telephone Phil/Waltz Uin14-12, efiX) 6011•EX/e. st'' j4-14- Qs ---81r/12., Di2. /1-4.1.47 t7Y /Le&r. P? haft_. 11671'513 1 EXHIBIT Grounds Maintenance Services IFB Soticdation No. 14.011 Class/Item: 988-361988.75 February 2014 ATTACHMENT C Respondent Questionnaire and Equipment List Grounds Maintenance Services Name of Respondent: I -1-e cc tt✓i e) -F Te>Gr £t nd e.-n-pf Contact Name: .2s -z-/-93/ . 3 s--2. c., E-mail/Phone: n 6/ -k -flan J5 ,124 c e3wt Date Business Founded: flat' L l , lei f'3Number of Full Time Employees: gi .S Company -wide Daily Production Rate: /6,3 COMPANY'S TOTAL MONTHLY ACREAGE MAINTAINED : 30 DAYS = DAILY PRODUCTION RATE List all equipment to be used for specified Project Areas List of equipment should include year, model, make and number of hours on all equipment to be used. The City has the right to inspect all equipment, with adequate notice to the Respondent, dedicated for use on this project prior to award of the bid. During inspection, the bidder shall have all equipment that is dedicated to the project on hand or have original receipt of purchase or lease to show ownership. Type of Equipment >rotot.J-ebt 11, 141 orr/ t.&- (L c�s_4 ilthi-Ot Vii., Lticrl iG h? Xq 6 - y r7 +11;M rs-21C a�l3�ck. Pat lc_ Year rdake Model #of Hours mot C_f9-i7 rn� " 3750 72, 2 013 vt,yl_ 5"z- `7I S .9 14) rirFaro �n01 Z¢3V t fel 77o11 NOTE: If required, attach another page for type of equipment. EXHIBIT „/A„ Grounds Maintenance Services IFB Solicitation No. 14-011 Class/Item: 988-361988-75 February 2014 ATTACHMENT D PARKS AND RECREATION: PARKS MOWING LIST 2014 (D1 — D11 — Double Click to Access Complete Mowing List) Parks and Recreation: Parks Mowing List 2014 1. Drinkard's Landing 32 Acres Behind CVS (Georgetown & 79) ZZ\S ParksViandyGVAynocuments‘Winword\Contracts\Contract-Mowing-2011-2014\Mowing-Maps-2014-doc EXHIBIT „A„ i p! 'rj �`r r tl.� t[� } jtSfr Lift f• t 1~rt 7 J �_. � �:. ve ei t.:: 'ly" t itF it/i rt , t:h.t flfrt7• } J •1 ti yt 4 7;'f.� 7�t..�;� ;. r try. �+•y '�� 4 t .'tq l�.... i k. �rx 3"�3 4If 3 '•S./'j •. ; J' it ` err,Jas' t r` r` �.'tiiyr.- • '•' f t ,•;t l t y.r�s 3 1 ,. 1 .t�t t 'iiia'Fi••, f 1 { � -+ '"�. �•�' c rt � x yt tis cfy rt +� i p,¢ . f i �:.••rJFM tlt;,+=cfrt r�r t ` + t.2 3:- rt it Lid 1� c :• t� ttt .... � �+ '}.a1 � i �{jr ti s e ' y t :3'x•!7 P e. � �r 3t � tit '+" �aY '� '' '�•RT, fr 1 ry ! � •, W 94 t � 11EE i t• t tr t , t .r r � ittc F ti. h,. t P i I 3 { 1 i i + r' 07 olav iia {~Y' .j> € ► � ell' t yf" t • i ,y +a}»; ♦ +lll 7 .� 4 tib Exh s ,i" t14S tet{•hh�,,.tf' �•V li 5 i k I V I r, { i t tr r At � s _ i s � s . i M i W � i 2 I Q I X I I W E y a ti. d r � s' IFS No. 14-011 ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY. CITY OF ROUND ROCK IFB NO. 14-011 GROUNDS MAINTENANCE SERIVCES Addendum No.: 1 Date: Tuesday, 03/04/2014 The following response is in reference to a question submitted for 1FB No. 14-011 for the Parks and Recreation - Grounds Maintenance Services as outlined below: 1. Regarding this contract, there are a few discrepancies with respect to total park acreage vs. park mowing acres (specifically, Bradford Park, Chisholm Trail Crossing Park & Greenbelt, Greenlawn Place Park), where the park mowing acreage exceeds the total acreage listed. Can the City of Round Rock provide a correct bid tab sheet with corrected figures? 2. Yes - Attached, please find electronic copy of PDF of bid sheet below. Approved by: y1 nc.e.9-4cAu:u 'Q.r--- Michael Schurwon, CTPM, CPPB Purchaser Date: 0 3-o1l- -1 L/ - By the signatures affixed below this addendum is hereby incorporated into and made a part of the above referenced solicitation. ACjKNOWLEDGED: ( CT) Vendor Authorized Signature Date RETURN ONE COPY SIGNED COPY OF THIS ADDENDUM TO THE PURCHASING OFFICE WITH YOUR SEALED PROPOSAL. FAILURE TO DO SO MAY AUTOMATICALLY DISQUALIFY YOUR RESPONSE FROM CONSIDERATION FOR AWARD. EXHIBIT Page 1 I IFB No. 14-011 2 3 4 5 3 6 7 e 9 10 11 CITY OF ROUND ROCK IFB NO. 14-011 GROUNDS MAINTENANCE SERIVCES (CONTINUED) Addendum No.: 1 Date: Tuesday, 03/0412014 Off dRood Rods ESSoidiica Ro. 14-011 Gd Orr, Revel 03r114/2014 Grounds Maintenance Services -Contract Moving 2014 Project Areas - Group 61 Pa1tlme PoekNmc Told Pick Acts Perk Adam PekTwe Cycl&J4R Perk Mn9 `bis TotelAua pecks= Price Per IeectieaPa Cade LetarkdRice Per tev(12CydesX tea&awe) eikiksrd1C+irlip ,•%:` -: .'t9.7 OiNndC91104Dr{1alam6731 :-;7. L1aai!!Pat/l6dif6I 12 032 3.14 S 1 C106hn56d.(Yi:CRUP1 - •.;-' ..'i ::311.< 10000:Mit1Qa0t o ',tiidliPtitAkilbg6i: 12 249 29.61 $ 5 Gis¢NiiiiiPah:' ,;,;:: ..:":::'337:: i00CRtittdatlral..: 11O4tit60et Orcinbill , ._ iknirP33Jt06ep1e7.,[ 12 2.30 22.00 S 5 E30116:217•t.�::; ; ,..707. lll1Tditist . - i'. H$i1 m 8Psli:t'., 12 403 493 5 5 RniriARncYWeetBad.tiejoiiud. :'::' "3&00' Yd6Alo03iI417.;'. .:..::=kt hDati0OPark:',.:, 12 1600 2.1[00 5 S `4195;+ lkii rPecivat Os;, Tali! 2719 32630 5 5 Project Areas -Group $2. Pa1tlme Total Perk Arm PerkAddr= Pea Tye Cyclalli Peri Meciirg Ames TotdAac paSerm. Rice Per lone*Pe Cycle Edesdcd Rio Per Year (IlcidesX lm6oiRct) Bradford Park �:: :•:';',.:.-.. ... `'5.72 2C10AM oWay 'i' . .7:xclpkatiodPark.1,:"- 1s 532 91.71 5 5 Y4noircirxei:_ .. . "'.263 1d01G116iltliadRoad 7 UnirarPalltliJprk:: 11 263 47.31 5 5 C1ldwiillalCioselopPik 6'Grea ibel `.-. ': X396 i00CRtittdatlral..: '31iiirPa11U-6Ig6a:'- 13 336 7121 5 5 CiiilartePlrtLGnlrYa .:,:...'-?•!: 131 !CCRalildRedtAva - -:iko rPs0Nikiga:' 11 134 U.12 S 3 3iWibaoLo4p1. - , : 'v::110 lstelL limnLoop .,3 :•:'t9kiagPs411-14504 10 160 2610 5 5 (Xvlt3atiiiPlecIParL:331 1991Git! '5di0o6Roud ,..:.: lkii rPecivat Os;, 36 331 59.515 5 5 -`1L56 t Tout 18.16 326.111 9 5 EXHIBIT Page I2 IFB No. 14-011 'ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY. CITY OF ROUND ROCK IFB NO. 14-011 GROUNDS MAINTENANCE SERLVCES Addendum No.: 2 Date: Monday, 03/10/2014 The following is a "CLARIFICATION" in reference to the terms and conditions outlined in the IFB document, Part II, Schedule, 4. Response Requirements on page 6 of 19 as follows: BIDDERS MUST COMPLETE AND RETURN THE WITH YOUR BID RESPONSE THE FOLLOWING: 1. Invitation for Bid Solicitation cover page must be completed with company name, address, telephone number, e-mail address. Cover page must be signed by an authorized agent of your company. 2. Exhibit C — Bid Sheet Final Revision, Dated 03/07/2014 3. Attachment A — Respondent's Reference Sheet 4. Attachment B — Currently Maintained Sites 5. Attachment C — Respondent's Questionnaire and Equipment List 6. Addendum No. 1, Dated 03/04/2014, signed copy 7. Addendum No. 2, Dated 03/10/2014, signed copy The following are "CHANGES" in reference to the terms and conditions as outlined in the IFB document on page 14 of 19 as follows: Change 1: EXHIBIT C, Bid Tab Sheet, Final Revision, Dated 03/07/2013, replaces both Exhibit A — Bid Tab Sheet, Dated 02/25/14 and Addendum No. 1, Bid Tab Sheet, dated 03/05/14, in their entirety. Change 2: Change Part III, Specifications, 4. Equipment, 4.3 to read as follows: All "parks" shall be mowed with an out -front type mower. No tractors, brush hogs, 580-D or similar type equipment shall be used on this project. EXHIBIT „A» Page 1 I CITY OF ROUND ROCK IFB NO. 14-011 GROUNDS MAINTENANCE SERIVCES (CONTINUED) IFB No. 14-011 Addendum No.: 2 Date: Monday, 03/10/2014 Change 3: Change Part I11, Specifications, 9. Trash, Litter and Debris Removal, 9.1 to read as follows: Removal of debris shall require sweeping or blowing off of hard surfaces such as sidewalks and concrete areas of parks. Change 4: Change St. Williams Loop total park acres from 1.60 to 5.00 acres. "Change" the total park mowing acres for St. Williams Loop from 1.60 acres to 4.50 acres Change 5: "DELETE" the terms and conditions referenced in IFB No. 14-011 on page 14 of 19 in its entirety and replace with "DEFINITIONS, TERMS & CONDITIONS, REVISED 07/2011, as posted an the City website at: http://roundrocktexas.gov/home/index.asp?paqe=462 The following answers are in response to questions submitted for IFB No. 14-011, Parks and Recreation - Grounds Maintenance Services by the deadline of Friday, March 7, 2014, @ 5:00 p.m. as outlined below: Question 1: is the Contractor responsible for trash pick-up in low lying areas? Answer: Yes. Please refer to Part ill, Specifications, 9. Trash, Litter and Debris Removal on page 10 of 19. Question 2: Is Contractor responsible for providing signage when mowing in park areas? Answer: Yes. Please refer to Part III, Specifications, 13. Safety of Work Crew, 13.2 and 13.3 on page 11 of 19. NOTE: Please be advised that there are no "medians" associated with the Parks and Recreation Department mowing maps. Question 3: Does the St. Williams Loop include the easement in the 1.60 acres? Answer: No. St. Williams Loop total park acres equals 5.00 acres. "Change" the total park mowing acres for St. Williams Loop from 1.60 acres to 4.50 acres Exhibit D — "REVISED" Park Mowing Map for St. Williams Loop located on the City website at: htto://roundrocktexas.gov/home/index.asp?page=462 Question 4: What are the normal work hours for the grounds maintenance services contract? Answer: Normal work hours will be from 7:00 a.m. to 6:00 p.m. EXHIBIT „A„ Page 12 IFB No. 14-011 CITY OF ROUND ROCK IFB NO. 14-011 GROUNDS MAINTENANCE SERIVCES (CONTINUED) Addendum No.: 2 Date: Monday, 03/10/2014 Question 5: Is there a start to finish completion cycle? Answer: Yes. Part III, Specifications, Section 5. Scheduling, 5.2 on page 8 of 19 has been "REVISED" to read as follows: 5.2 Maintenance Cycles specified herein shall mean the time period between Services. Maintenance Cycle shall be identified with a beginning and ending date, in which all prescribed maintenance activities for each Project Area, shall be completed. A typical maintenance cycle for Project Areas shall range is 10 calendar days within the mowing season. NOTE: Contractor must finish mowing cycle before the start of the next mowing cycle. Question 6: Will the awarded Contractor have to comply with Ozone Action Days? Answer: Yes. The City of Round Rock is part of the Austin/Round Rock Metropolitan Statistical Area and members of the Clean Air Coalition. The awarded Contractor is allowed to utilize equipment with propane tanks; however, Contractor shall abide by the protocol for "Ozone Actions Days" as outlined by Texas Commission on Environmental Quality. Question 7: Is the Contractor responsible for removing growth in following areas: Location #2 - Creekmont, Location #7 — Windy Terrace, and Location #1 1 Greenlawn Place Park? Answer: The Contractor is not responsible for weed eating the ditch in Location #2 - Creekmont, Location #7 — Windy Terrace, and Location #1 1 — Greenlawn Place Park. Question 8: Is the Contractor responsible for irrigated and non -irrigated areas? Answer: Yes. There is irrigation in Windy Terrace and Chisholm Trail Crossing but not in the other locations. Contractor is responsible for providing mowing, edging and trimming, raking, removing and disposing of litter (as needed) in the Windy Terrace and Chisholm Trail Crossing irrigated areas. However, Contractor is not responsible for maintaining irrigation system; they are responsible for damages that they may cause to existing systems. Question 9: MAP 8 — Chisholm Trail Crossing Park -- at the entrance of the small parking area, there is a planting bed adjacent to the street. Do city personnel maintain this bed, or should its maintenance be included in our bid? Answer: Parks and Recreation staff will maintain these beds at the Chisholm Trail Crossing Park location. EXHIBIT Page 13 IFB No. 14-011 CITY OF ROUND ROCK IFB NO. 14-011 GROUNDS MAINTENANCE SERIVCES (CONTINUED) Addendum No.: 2 Date: Monday, 03/10/2014 Question 10: MAP 9 — Creekside Plaza Greenbelt --- on the west end (adjacent to what i believe is a restaurant), there is a small parking area on top of a very steep and wooded incline. Is the lawn that's immediately below the parking area (and above the wooded section) to be included in the bid? Answer: Contractor does not need to plan on going beyond the lines on Map #9 for Creekside Plaza Greenbelt. Question 11: Can the City provide the bid tabulation for the previous grounds maintenance bid? Answer: Yes. Refer to previous grounds maintenance bid tabulation sheet labeled as Exhibit E — IFB No. 12-001 Bid Tabulation Sheet and located on the City website at: http://roundrocktexas.gov/home/index.asp?page=462 NOTE: Bid Item #2 and #3 on IFB No. 12-001 bid tabulation sheet are referred to as Project Areas — Group #1 and Project Areas Group #2 respectively for 1FB No. 14-011. Approved by: 1^01_101,, Michael Schurwon, CTPM, CPPB Purchaser Date: ^3I / atct By the signatures affixed below this addendum is hereby incorporated into and made a part of the above referenced solicitation. ACKNOWLEDGED: ef3....4" of. T-efv1-5 Vendor 3/13 Authorized Signature Date RETURN ONE COPY SIGNED COPY OF THIS ADDENDUM TO THE PURCHASING OFFICE WITH YOUR SEALED PROPOSAL. FAILURE TO DO SO MAY AUTOMATICALLY DISQUALIFY YOUR RESPONSE FROM CONSIDERATION FOR AWARD. EXHIBIT „A„ Page 1 '1