R-2020-0209 - 8/13/2020RESOLUTION NO. R-2020-0209
WHEREAS, the City of Round Rock ("City") has duly advertised for bids to purchase John
Deere construction equipment repair parts and services, and related goods and services; and
WHEREAS, while only one bid was received from RDO Equipment Company, the City
Council has determined that the bid is acceptable; and
WHEREAS, the City Council wishes to accept the bid of RDO Equipment Company, Now
Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City an
Agreement for Purchase of John Deere Construction Equipment Repair Parts and Services with RDO
Equipment Company, 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 13th day of August, 2020.
CRAIGMORG,�,Y, Mayor
City of Round Uck, Texas
ATTEST:
�� -nil I
SARA L. WHITE, City Clerk
0112.20202; 00451460
EXHIBIT
„A„ _ I
CITY OF ROUND ROCK AGREEMENT FOR
THE PURCHASE OF JOHN DEERE CONSTRUCTION EQUIPMENT
REPAIR PARTS AND SERVICES
WITH
RDO EQUIPMENT COMPANY
��rowwrrwww
THE STATE OF TEXAS §
CITY OF ROUND ROCK §
COUNTY OF WILLIAMSON §
COUNTY 4F TRA►VIS §
KNOW ALL BY THESE PRESENTS:
THAT THIS AGREEMENT for purchase of John Deere construction equipment repair
parts and 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 , 2020 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 the
"City"), and RDO EQUIPMENT COMPANY, Whose address is 16415 N IH 35, Austin, Texas
78728 (referred to herein as the "Vendor").
RECITALS:
WHEREAS, City desires to purchase John Deere construction equipment repair parts and
services; and
WHEREAS, City has issued its "Invitation for Bid" for the provision of said goods and
services; and
WHEREAS, the City has determined that the Vendor has submitted the lowest
responsible bid and the City desires to procure said goods and services from the Vendor; and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights, duties, and obligations;
NOW, THEREFORE, WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable consideration, 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 Vendor Whereby
City is obligated to buy specified goods and services and Vendor is obligated to provide same.
00448752/ss2
The Agreement includes the following: (a) Citv's Invitation for Bid. designated Solicitation
0 W %*-11
Number .20-0 10 dated May 2020 (*vl FB"): (b) Vendor's Response to IFB: (c) contract award; and
(d) any exhibits, addenda, and/or amendments thereto. Any inconsistencies or conflicts in the
contract docurnents shall be resolved by Giving preference in the following order:
-4
(1) This Agreement:
(2) vendor's Response to IFB:
(.3)) City"s Invitation for Bids, exhibits,, and attachments.
B. City means the City of Round Rock, Williamson and Travis Counties, Texas.
C. Effective Date means the date upon which the binding signatures of both parties
to this Au0reenlent are affixed.
D. Force Nfajeure 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. epidennics.
landslides, liolltninor. 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 tile specified ' services. supplies, materials,
commodities, or equipment.
F. Vendor means RDO Equipment Company. its successor or assigns.
2,01 EFFECTIVE DATE, TERM
A. This Agreement shall be effective on the date this Agreement has been signed by
each party hereto. and shall renlain 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 sixty (60) months from the effective date
hereof.
C. City reserves the right to review the relationship at any time, and may elect to
terminate this Agreement with or without cause or may elect to continue.
3.01 CONTRACT DOCUMENTS AND EXHIBITS
City selected Vendor to supply the goods and services as Outlined In the Part IV. Scope of
1
Work. of the IFB, and the Response to IFB submitted by Vendor as described in Attachment A:
Bid Sheet in Exhibit "A." The intent of these documents is to formulate an Aureenlent listing the
responsibilities of both parties as outlined in the 11713 and as offered by Vendor in its Response to
the I FB.
The (roods and services which are the subject matter of,this Aureement 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 Attachment A: Bid Sheet of Exhibit b-A" are awarded to
Vendor.
Scope of Work: For purposes of this Agreement. City has issued documents delineating the
required goods and services (specifically 1FB 20-010 dated May 202.0). Vendor has issued its
response agreeing to provide all such required goods and 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.
Vendor shall satisfactorily provide all goods and services described under the attached
exhibits within the contract term specified in Section 2.01. vendor's undertakings shall be
limited to providing goods and performing services for City and/or advising City concerning
those matters on which Vendor has been specifically engaged. Vendor shall perform its services
in accordance with this Agreement, in accordance with the appended exhibits. in accordance
with due care. and in accordance with prevailing industry standards for comparable services.
5.01 COSTS
A. In consideration for the goods and services to be performed by Vendor. City
agrees to pay Vendor the arnOLIMS Set forth in -"Attachment A: Bid Sheet" of the attached Exhibit
"A."
B. The City shall be authorized to pay the Vendor an amount not -to -exceed One
Hundred Eleven Thousand Six Hundred Thirty-I'iNe and 35/100 ($111,635.35) per year for
a total not to exceed amount ol"Five 'Hundred Fift-Eight Thousand One Hundred Seventy -
Six and 75/100 Dollars ($558,176.75) for the term of this Agreement.
6.01 INVOICES
All invoices shall include, at a minimum. the following information:
A. Name and address of Vendor:
B. Purchase Order NUmber-,
C. Description and quantity of items received or services provided; and
D. Delivery or performance dates.
7.01 INTERLOCAL COOPERATIVE CONTRACTING / PURCHASING
Authority-t for local C� c7overnments 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,
C�
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 s'Liccessful vendor(s) and
the City. Such acri-eement shall be conclusively inferred for the Vendor from lack of exception to
this clause In the Vendor's response. I-lowever, 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 illav arise out of such independentiv-
W W W
neorotiated -piggyback"` procurements.
r_-
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 rialit to terminate this Agreement at the end of any City fiscal year
j,
if f the go
verning body of City does not appropriate funds sufficient to purchase the goods and
services as determined by City"s budget for the fiscal year in question. City may affect Such
termination by giving Vendor a written notice of terinination at the end of its then current fiscal
year.
9.01 PROMPT PAYMENT POLICY
In accordance with Chapter 2251. V.T.C.A., Texas Government Code. payment to
Vendor will be made within thirty . (30) days of the day on which City receives the performance,
supplies, materials. eqUipment. and/or deliverables. or within thirty (.30) days of the day on
which the performance of services was complete, or within thirty (30) days of the day on which
City receives a correct invoice for the performance and/or deliverables or services, whichever is
later. Vendor may charge 'interest oil an overdue payment at the "rate in effect" on September I
of the fiscal year in which the payment becomes overdue. in accordance with V.T.C.A.. Texas
Government Code. Section 2251.025(b): however. this Policy does not apply to payments made
by City in the event:
1W
A. There is a bona fide dispute betNveen City and Vendor. a contractor. subcontractor
or supplier about the goods delivered or the service performed that cause the
payment to be late; or
4
B. The terms of a federal contract, grant, regulation, or statute prevent City from
making a timely payment with federal funds; or
C. There is a bona fide dispute between Vendor and a subcontractor or between a
subcontractor and its supplier about the goods delivered or the service performed
that causes the payment to be late; or
i D. Invoices are not mailed to City in strict accordance with 'instructions, f any, on
the purchase order or the Agreement or other such contractual agreement.
10,01 GRATUITIES AND BRIBES
City may, by written notice to Vendor, cancel this Agreement without liability to Vendor
if it is determined by City that gratuities or bribes in the form of entertainment, gifts, or
otherwise were offered or given by Vendor or its agents or representatives to any City officer.
0
employee or elected representative with respect to the performance of this Agreement. In
addition, Vendor may be subject to penalties stated in Title 8 of the Texas Penal Code.
11,01 TAXES
City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be
included in Vendor*s charges.
12.01 ORDERS PLACED WITH ALTERNATE VENDORS
If Vendor cannot provide the goods as specified, City reserves the right and option to
obtain the products from another supplier or suppliers.
13.01 INSURANCE
Vendor shall meet all insurance requirements set forth Part 11 of IFB No. 20-0 10 and on
the City's website at:
11 ttps: LwWw'. rou lid rock texa s. (Yov/wo-content/up loadsi..,. 0 1411/* 17/corr insurance 07.2011'-)-
14.01 CITYS REPRESENTATIVES
City hereby designates the following representatives authorized to act in its behalf with
regard to this Aureernent:
ZD %41.")
Chad McDowell
Director of General Services
'7 12 Commerce Cove
Round Rock, Texas 78665
512-341-3191
cmedolwellf"'a'i.-i-oundrock.tex
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. Ill the event that no written assurance is given within the
reasonable time specified when dernand is made. then and in that event the demanding party may
treat such failure as an anticipatoiif repudiation of this Agreement.
16.01 DEFAULT
If 'Vendor abandons or defaults under this Agreement and is a cause of City purchasing
the specified goods elsewhere, Vendor agrees that it May be charged the ditTerence 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 ,�%For'k unless the scope of work is significantly
changed.
Vendor shall be declared in default of this Agreement if it does any of the following:
A. Fails to make any payment ill full when due:
B. Fails to fully. timely and faithfully perform any of its material obligations
Linder this Agreement:
C. Fails to provide adequate assurance of performance under the "11ight to
Assurance'" section herein: or
D. Becomes insolvent or seeks relief under the bankruptcy laws of the United
States.
17.01 TERMINATION AND SUSPENSION
A. City has the right to terminate this Agreement. in whole or in part, for
convenience and without cause. at any time upon thirty (30) days" written notice to Vendor.
B. 1n the event of any default by vendor. City has the right to terminate this
Agreement for cause. upon ten (10) days" written notice to Vendor.
C. Vendor has the right to terminate this Agreement only for cause. that being ill 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. Ill the event City terminates under subsections (A) or (B) of this section. the
following shall apply: Upon City's delivery of the referenced notice to Vendor. Vendor shall
discontinue all services in connection with the performance of this Agreement and shall proceed
to cancel promptly all existing orders and contracts insofar as such orders and contracts are
chargeable to this Agreement. Within thirt} (30) days after such notice of termination. Vendor
6
shall submit a statement showing in detail I the goods and/or services satisfactorily performed
under this Agreement to the date of termination. City shall then pay Vendor that portion of the
charges, if undisputed. The parties agree that Vendor is not entitled to compensation for services
it would have performed under the remaining term of the Agreement except as provided herein.
18.01 INDEMNIFICATION
Vendor shall defend (at the option of City). indemnif % and hold City. its successors.
assigns, officers, employees and elected officials harmless from and against all suits, actions,
legal proceedings, claims, demands, damages, costs, expenses, attorney's fees. and any and all
other costs or fees arising out of, or incident to, concerning or resulting from the fault of Vendor,
or Vendor's agents, employees or subcontractors, in the performance of 'Vendor's obligations
under this Agreement, no matter how, or to 1A hom, such loss may occur. Nothing herein shall be
deemed to limit the rights of City or Vendor (including, but not limited to the right to seek;
contribution) against any third party who may be liable for an indemnified claim.
19.01 COMPLIANCE WITH LA"V'V'S, CHARTER AND ORDINANCES
A. Vendor. its agents. employees and subcontractors shall use best efforts to comply
with all applicable federal and state laws, the Charter and ordinances of the City of Round Rock,
as amended. and with all applicable rules and regulations procllulgated by local. state and
national boards. bureaus and agencies.
B. In accordance with Chapter 2270, Texas Government Code, a governmental entity
may not enter into a contract with a company for goods and services unless the contact contains
written verification from the company that it: ( 1) does not boycott Israel; and (2) will not boycott
Israel during the terms of this contract. The signatory executing this Agreement on behalf of
Vendor verifies Vendor does not boycott Israel and -will not boycott Israel during the term of this
IF
Agreement.
20.01 ASSIGNMENT AND DELEGATION
Tile 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.
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 personaliv to the recipient's address as stated in this Agreement;
ao
or
2. Three (3) days after being deposited in the United States mail, %vith postage
CI t--
id to the recipient's pient's address as stated in this Agreement.
prepal I z:1
Notice to Vendor:
RDO Equipment Company
16415 N 1H 35
Austin, TX 78728
Notice to City:
Laurie Hadley, City Manager Stephan L. Sheets, City Attorney
C7-,
221 East Main Street AND TO: 3 )09 East Main Street
Round Rock, TX 78664 Round Rock, TX 78664
Nothing contained *11erein shall be construed to restrict the transmission of routine
communications between representatives of City and Vendor.
22,01 APPLICABLE LAW; ENFORCEMENT AND VENUE
This Agreement shall be enforceable in Round Rock. Texas, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or conditions
.0
herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be
governed by and construed in accordance with the laws and court decisions of the State of Texas.
23.01 EXCLUSIVE AGREEMENT
This document. and all appended documents. constitutes the entire Agreement between
Vendor and City. This Agreement may only be amended or supplemented by mutual agreement
of the parties hereto in writinty, duly authorized by action of the City Manager or City Council.
n
24.01 DISPUTE RESOLUTION
City and Vendor hereby expressly agree that no clairns or disputes between the parties
arisin'), out of or relating to this Aoreement or a breach thereof shall be decided by any arbitration
tz CD 0
proceeding, including without limitation. any proceeding under the Federal Arbitration Act (9
0 t�l cp
USC Section 1-14) or any applicable state arbitration statute.
*0
25.01 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
W Z:
occurrence of any event rendering an)- portion or provision of this Agreement void shall in no
way affect the validity or enforceabilit-N, of any other portion or provision of this Agreement. Any
void provision shall be deemed severed fronn this Agreement, and the balance of this Agreement
.
shall be construed and enforced as if this Agreement did not contain the particular portion or
Z�
provision held to be void. The parties further agree to amend this Agreement to replace anv
0 4-
8
stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision. The provisions of this section shall not prevent this entire Agreement from
being; void should a provision which is of the essence of this Agreement be determined void.
26.01 MISCELLANEOUS PROVISIONS
Standard of Care. vendor represents that it emplovs, trained. experienced and
competent persons to perform all of the services. responsibilities and duties specified herein and
that such services, responsibilities and duties shall be performed in a manner according to
generally accepted industry practices.
Time is of the Essence. vendor understands and agrees that time is of the essence and
that anti; failure of vendor to fulfill obli(yations for each portion of this Agreement within the
agreed tinleframes will constitute a material breach of this Agreement. Vendor shall be fully
responsible for its delays or for failures to use best efforts in accordance with the terms of this
Agreement. where damage is caused to City due to Vendor's failure to perform in these
circumstances. City may pursue any remedy available without waiver of any of City's additional
legal rights or remedies.
Force Ma jeure. Neither City nor Vendor shall be deemed in violation of this Agreement
if it is prevented from performing any of its obligations hereunder by reasons for which it is not
responsible as defined herein. However, notice of such impediment or delay in performance must
be timely given, and all reasonable efforts undertaken to mitigate its effects.
Multiple Counterparts. This Abreement may be executed in multiple counterparts. any
one of which shall be considered an original of this document: and all of which. when taken
together. shall constitute one and the same instrument.
[Signatures on the following page.]
9
IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates
indicated.
City of Round Rock, Texas
By:
Printed Name:
Title:
Date Signed:
Attest:
By:
Sara L. White, City Clerk
For City, Approved as to Form:
By:
Stephan L. Sheets, City Attorney
RDO Equipment Company
By:
Printed Name: Rob Duckett
Title-. Parts Department Manager
Date Signed: 7/20/20
to
W—Wom"i
City of Round Rock, Texas
Purchasing Division
221 East Main Street
Rua
Z�;j �l
City of Round Rock Exhibit"ld►"
John Deere Construction Equipment Repair Parts and Services
I FB 20-010
Class/Item: 022-49 / 929-31
MAY 2020
JOHN DEERE CONSTRUCTION EQUIPMENT REPAIR PARTS AND REPAIR SERVICES
PART I
GENERAL REQUIREMENTS
1. PURPOSE: The City of Round Rock, herein after "the City" seeks a bid from firms qualified to supply and
deliver original equipment manufacturer (OEM) parts and perform repair services for John Deere construction
equipment.
2. SOLICITATION PACKET: This solicitation packet is c0m2rised of the followin-9:
Description index
Part I — General Requirements
Page(s) 1-5
Part 11 — Definitions, Standard Terms and Conditions Pa 6
g
and Insurance Requirements I
Part III — Supplemental Terms and Conditions I Page(s) 7-9
Part IV — Specifications I Page(s) 10-11
Attachment A — Bid Sheet I Page 12
Attachment B — Reference Sheet I Page 13
3. AUTHORIZED PURCHASING CONTACT: For questions or clarification of specifications, you may contact:
Amanda Crowell
Purchaser
Purchasing Division
City of Round Rock
Phone: 512-218-5458
E-mail: acrowellcar roundrocktexas
Adam Gagnon
Purchaser
Purchasing Division
City of Round Rock
Phone: 512-218-5456
E-mail: gg.agnon@roundrocktexas.gov
The individual listed above may be contacted by e-mail for clarification of the specifications only. No authority
is intended or implied that specifications may be amended, or alterations accepted prior to solicitation opening
without written approval of the City of Round Rock through the Purchasing Department.
4. SCHEDULE OF EVENTS: It is the City's intention to follow the solicitation timeline below.
EVENT
DATE
Solicitation released
Deadline for submission of questions
May 71h 2020
May 21 st 2020 @ 5:00 PM, CST
City responses to questions or addendums
Approximately May 26th 2020 @ 5:00 PM,
CST
Deadline for submission of responses
June 2,d 2020 @ 3:00 PM, CST
Page 2 of 13
City of Round Rock Exhibit "A"
John Deere Construction Equipment Repair Parts and Services
I FB 20-010
Class/item: 022-49 / 929-31
MAY 2020
All questions regarding the solicitation shall be submitted in writing by 5:00 PM, CST on the due date noted
above. A copy of all questions submitted and the City's response to the questions shall be posted on the
City's webpage in the form of an addendum at:
http.s://www.roundrocktexas..qov/businesses/solicitations/.
Questions shall be submitted in writing to the "Authorized Purchasing Contact". The City reserves the right to
modify these dates. Notice of date change will be posted to the City's website,.
httg://www.roundrocktexas.gov/bids.
5. SOLICITATION UPDATES: Respondents shall be responsible for monitoring the City's website *at
hqg://www.roundrocktexas.gov/bids for any updates pertaining to the solicitation described herein. Various
updates may include addendums, cancellations, notifications, and any other pertinent information necessary
for the submission of a correct and accurate response. The City will not be held responsible for any further
communication beyond updating the website.
6. RESPONSE DUE DATE: Signed and sealed responses are due at or before 3:00 PM, on the due date noted
in PART 1, Section 4 — Schedule of Events. Mail or hand deliver sealed responses to:
City of Round Rock
Attn: Amanda Crowell
Purchasing Department
221 E. Main Street
Round Rock, Texas 78664-5299
A. Sealed responses shall be clearly marked on the outside of packaging with the solicitation title, number,
due date and "DO NOT OPEN".
B. Facsimile or electronically transmitted responses are not acceptable.
C. Responses cannot be altered or amended after opening.
D. No response can be withdrawn after opening without written approval from the City for an acceptable
reason.
E. The City will not be bound by any oral statement or offer made contrary to the written specifications.
F. Samples and/or copies shall be provided at the Respondent's expense and shall become the property of
the City.
G. Late responses will not be considered and will be returned unopened, if a return address is provided.
7. RESPONDENT REQ&IIREMENTS: The City of Round Rock makes no warranty that this checklist is a full
comprehensive listing of every requirement specified in the solicitation. This list is only a tool to assist
participating Respondents in compiling their final responses. Respondents are to carefully read the entire
solicitation.
Respondent shall submit one (1) evident signed "Original" and one identical electronic copy of the IFB
response on a flash drive. The submittal is required to include all addendums and requested attachments.
The bid response along with samples and/or copies shall be provided at the Respondent's expense and shall
become the property of the City.
This invitation for bid (IFB) does not commit the City to contract for any supply or service. Respondents are
advised that the City will not pay for any administrative costs incurred in response preparation to this IFB; all
costs associated with responding to this IFB will be solely at the interested parties' expense. Not responding
to this IFB does not preclude participation in any future RFP/RFQ/IFB.
For your bid to be responsive, addendums and the attachments identified below shall be submitted
with.Mour proposal.
Page 3 of 13
City of Round Rock Exhibit "A"
John Deere Construction Equipment Repair Parts and Services
IFB 20-010
Class/Item: 022-49 / 929-31
MAY 2020
Addendums: Addendums may be posted to this solicitation. Bidders are required to submit signed
addendums with their sealed response. The Bidder shall be responsible for monitoring the City's website
at http.-/Iwww.roundrocktexas.-c[ov/bids for any updates pertaining to the solicitation.
Attachment A: BID SHEET. The bid response shall be submitted on itemized, signed Bid Sheet provided
in the solicitation packet. Failure to corngfete and sign the bid sheet will result in di sgualification. If there is
a conflict between the unit price and extended price, the unit price will take precedence. Submission of
responses on forms other than the City's solicitation document may result in disqualification of the
response.
Attachment B*. REFERENCE SHEET: Provide the name, address, telephone number and E-MAIL of at
least three (3) valid Municipal, Government agencies, or firms of comparable size that have utilized
services that are similar in type and capacity within the last two (2) years. City of Round Rock references
are not applicable. References may be checked prior to award. If references cannot be confirmed or if
any negative responses are received it may result in the disqualification of submittal.
8. BEST VALUE EVALUATION AND CRITERIA: The City reserves the right to reject any or all responses, or to
accept any response deemed most advantageous, or to waive any irregularities or informalities in the
response received that best serves the interest and at the sole discretion of the City. All solicitations received
may be evaluated based on the best value for the City. In determining best value, the City may consider:
A. Purchase price,
B. Reputation of Respondent and of Respondent's goods and services;
C. Quality of the Respondent's goods and services;
D. The extent to which the goods and services meet the City's needs;
E. Respondent's past performance with the City;
F. The total long-term cost to the City to acquire the Respondent's goods or services;
G. Any relevant criteria specifically listed in the solicitation.
H. If the solicitation is evaluated with points, the respondent must earn a minimum of 15 points on criteria not
related to cost in order to be considered for contract award.
Respondents may be contacted for clarification of bid and/or to discuss details of the services they are
proposing.
9. CONFIDENTIALITY OF CONTENT" As stated in Section 16 of City of Round Rock Purchasing Definitions,
Standard Terms and Conditions, all documents submitted in response to a solicitation shall be subject to the
Texas Public Information Act. Following an award, responses are subject to release as public information
unless the response or specific parts of the response can be shown to be exempt from the Texas Public
Information Act. Pricing is not considered to be confidential under any circumstances
A. Information in a submittal that is legally protected as a trade secret or otherwise confidential must be
clearly indicated with stamped, bold red letters stating "CONFIDENTIAL" on that section of the document.
The City will not be responsible for any public disclosure of confidential information if it is not clearly
marked as such.
B. If a request is made under the Texas Public Information Act to inspect information designated as
confidential, the Respondent shall, upon request from the City, furnish sufficient written reasons and
information as to why the information should be protected from disclosure. The matter will then be
presented to the Attorney General of Texas for final determination.
10. SUSPENSION OR DEBARMENT CERTIFICATION: The provisions of the Code of Federal Regulations 2
CFR part 180 suspension and debarment may apply to this agreement. The City of Round Rock is prohibited
from contracting with or making prime or sub -awards to parties that are suspended or debarred or whose
principals are suspended or debarred from doing business with the Federal Government, State of Texas, or
the City of Round Rock.
Page 4 of 13
City of Round Rock Exhibit "A"
John Deere Construction Equipment Repair Parts and Services
lFB 20-010
Class/item: 022-49 / 929-31
MAY 2020
11. CERTIFICATE OF INTERESTED PARTIES: Section 2252.908 of the Texas Government Code requires the
successful offeror to complete a Form 1295 "Certificate of Interested Parties" that is signed for a contract
award requiring council authorization. The "Certificate of Interested Parties" form must be completed on the
Texas Ethics Commission website, printed, signed and submitted to the City by the authorized agent of the
Business Entity with acknowledgment that disclosure is made under oath and under penalty of perjury prior to
final contract execution. Link to Texas Ethics Commission Webpage:
httDs://www.ethics.state.tx.us/whatsnew/elf info forml295.htm
Pagre 5 of 13
City of Round Rock Exhibit "Al'
John Deere Construction Equipment Repair Parts and Services
I FB, 20-010
Class/item: 022-49 / 929-31
MAY 2020
PART 11
DEFINITIONS, STANDARD TERMS AND CONDITIONS
AND INSURANCE REQUIREMENTS
1. DEFINITIONS, STANDARD TERMS AND CONDITIONS: By submitting a response to this solicitation, the
Respondent agrees that the City's Definitions, Standard Terms and Conditions, in effect at the time of release
of the solicitation, shall govern unless specifically provided otherwise in a separate agreement or on the face
of a purchase order. Said Definitions, Terms and Conditions are subject to change without notice. It is the
sole responsibility of Respondents to stay apprised of changes. The City's Definitions, Standard Terms and
Conditions can be viewed and downloaded from the City's website at:
https^://www.roundrocktexas.gov/der)artments/D rchasina/
2. INSURANCE: The Respondent shall meet or exceed all insurance requirements set forth in Standard
Insurance Requirements. The City's Standard Insurance Requirements document can be viewed and
downloaded from the City's website at: https.,//www.roundrocktexas.qov/departments/purchasingL/
Page 6 of 13
City of Round Rock Exhibit "A"
John Deere Construction Equipment Repair Parts and Services
I FB 20-010
Classlitern: 022-49 / 929-31
MAY 2020
PART III
SUPPLEMENTAL TERMS AND CONDITIONS
1. AGREEMENT TERM: The terms of the awarded agreement shall include but not be limited to the following:
A. The term of the Agreement shall begin from date of award and shall remain in full force for sixty (60)
months.
B. Upon expiration of the contract term, the Contractor agrees to hold over under the terms and conditions of
this agreement for such a period as is reasonably necessary to re -solicit and/or complete the project up to
90 days.
2. RESPONDENT QUALIFICATIONS: The City has established the following minimum qualifications.
Respondents who do not meet the minimum qualifications will not be considered for award. The Respondent
shall:
A. Be firms, corporations, individuals or partnerships normally engaged in providing John Deere construction
equipment repair parts and qualified to perform repair services as specified herein and have adequate
organization, facilities, equipment, financial capability, and personnel to ensure prompt and efficient
service to the City;
B. Must be an authorized John Deere distributor and service facility within 75 miles of the City of Round
Rock Fleet Maintenance Services Department;
C. Provide all labor, supplies and materials required to satisfactorily perform the services as specified herein
and own or acquire at no cost to the City all construction aids, appliances, and equipment Respondent
deems necessary and maintain sole responsibility for the maintenance and repair of Respondent's
vehicles, equipment, tools and all associated costs. The City shall not be responsible for any
Respondent's tools, equipment, or materials lost or damaged during the performance of the services
specified herein-,
D. Be domiciled in or have a home office inside the United States. Respondents domiciled outside the
United States, or not having a home office inside the United States will not be included for consideration
in this procurement process;
E. Respondent warrants and agrees that all materials supplied herein shall be manufactured and produced
in compliance with the laws, regulations, codes, terms, standards, and requirements of Underwriters
Laboratories Incorporated, all Federal, State, and local authorities, and all other authorities having
jurisdiction, and that performance of goods shall be in accordance with the above laws, regulations,
codes, terms, standards, and requirements, and agrees upon request, to furnish the City a certificate of
compliance upon request.
3. SUBCONTRACTORS: Respondent shall not subcontract or otherwise engage subcontractors to perform
required services. The City seeks to do business directly with a company experienced in John Deere
construction equipment repair parts and repair services.
4. SAFETY: The City reserves the right to remove any employee from City property for violation of federal,
state, and local health, safety and environmental laws, ordinances, rules and regulations. The Respondent
shall:
A. Ensure that all employees comply with all Occupational Safety and Health Administration (OSHA), State
and City safety and occupational health standards and other applicable federal, state, and local health,
safety, and environmental laws ordinances, rules and regulations in the performance of these services;
B. Be held responsible for the safety of their employees and unsafe acts or conditions that may cause injury
or damage to any persons or property within and around the work site. In case of conflict, the most
stringent safety requirement shall govern;
C. Indemnify and hold the City harmless from and against all claims, demands, suits, actions, judgments,
fines penalties and liability of every kind arising from the breach of the successful Respondents'
obligations under this paragraph.
Page 7 of 13
City of Round Rock Exhibit "All
John Deere Construction Equipment Repair Parts and Services
IFB 20-010
Class/item: 022-49 / 929-31
MAY 2020
5. WORKFORCE: Successful Respondent shall:
A. Ensure Respondent's employees perform the services in a timely, professional and efficient manner;
B. Ensure Respondent's employees, while working on City property, wear a company uniform that clearly
identifies them as the Respondents employee;
C. Employ all personnel for work in accordance with the requirements set forth by the United, States
Department of Labor. The City reserves the right to verify citizenship or right to work in the United States.
6. PRICING: The Respondent shall determine and submit a fixed cost for the work and shall include all
incidental costs, labor, overhead charges, travel, payroll expenses, freight, equipment acquisition and
maintenance, demurrage, fuel surcharges, delivery charges, costs associated with obtaining permits,
insurance, bonds and risk management unless otherwise expressly approved in writing by the City's
designated representative. No separate line item charges shall be permitted for either response or invoice
purposes.
7. PRICE INCREASE, Contract prices for John Deere Construction Equipment Repair Parts and Repair
Services shall remain firm throughout the initial twelve (12) month term of the contract. A price increase to
the agreement may be considered on the anniversary date of the Contract each year and shall be equal to the
consumer price index for that year, but at no time can the increase be greater than 10% for any single line
item.
A. Consumer Price Index (CPI): Price adjustments will be made in accordance with the percentage
change in the U.S. Department of Labor Consumer Price Index (CPI-U) for all Urban Consumers. The
price adjustment rate will be determined by comparing the percentage difference between the CPI in
effect for the base year six-month average (January through June OR July through December); and each
(January through June OR July through December six month average) thereafter. The percentage
difference between those two CPI issues will be the price adjustment rate. No retroactive contract price
adjustments will be allowed. The Consumer Price Index (CPI) is found at the Bureau of Labor Statistics,
Consumer Price Index website: h -//www,bIs.gov/c2i/.
B. Procedure to Request Increase:
i. Mail the written price increase request with the rate detail comparison and comprehensive calculation
and any supporting documentation to the designated City Contract Specialist a minimum of 45 days
prior to the annual Contract anniversary date. The detailed written calculation will be verified and
confirmed. All written requests for increases must include the City of Round Rock contract number,
solicitation reference information and contact information for the authorized representative requesting
the increase. Price increase requests shall be sent by mail to:
City of Round Rock
Purchasing Department
Attn: Contract Specialist
221 East Main Street
Round Rock, TX 79664-5299
ii. Upon receipt of the request, the City reserves the right to either accept the escalation and make
change to the purchase order within 30 days of the request or negotiate with the Vendor or cancel the
agreement or purchase order if an agreement cannot be reached on the value of the increase.
8. PERFORMANCE REVIEW: The City reserves the right to review the awarded respondents' performance at
any time during the contract term.
9. ACCEPTANCE/INSPECTION: Acceptance inspection should not take more than five (5) working days. The
awarded respondent will be notified within the time frame if the services delivered are not in full compliance
with the specifications. In the event the services are not performed to the satisfaction of the City; the vendor
shall agree to reperform services to specification at no additional cost to the City. If any agreement or
purchase order is cancelled for non -acceptance, the needed services may be purchased elsewhere.
Page 8 of 13
City of Round Rock Exhibit "A"
John Deere Construction Equipment Repair Parts and Services
l F B 20-010
Class/Item: 022-49 / 929-31
MAY 2020
10. ORDER gUANTITY: The quantities shown on the solicitation are estimates only. No guarantee of any
minimum or maximum purchase is made or implied. The City will only order the services/goods needed to
satisfy requirements within budgetary constraints, which may be more or less than indicated.
A. A City representative will contact the successful Respondent by e-mail, fax, or telephone to place an
order for parts. The request will include the part numbers, parts description, delivery requirements, and a
unique delivery order number.
B. A minimum order quantity will not be permitted.
C. Backordered parts shall be delivered within five (5) working days. The successful Respondent shall
notify the ordering City representative by telephone immediately to advise when the part will be
available. If the successful Respondent cannot provide the backordered part within five (5) working
days, the City reserves the right to purchase the part on the open market.
D. The successful Respondent shall provide, upon request, a monthly/quarterly/yearly total of all parts
purchased by the City. The report shall include date purchased,, invoice number, part number, part
description, price per part, and total dollar amount for all parts purchased
11. AWARD: The City reserves the right to enter into an Agreement or a Purchase Order with a single award,
split award, primary and secondary award, non -award, or use any combination that best serves the interest
and at the sole discretion of the City. Respondents to the solicitation will be notified when City staff
recommendation of award has been made. The award announcement will be posted to the City's website at
https://www.roundrocktexas.gov/busi*nesses/solicitations/ once City Council has approved the
recommendation of award and the agreement has been executed.
12. POST AWARD MEETING: The City and successful Respondent(s) may have a post award meeting to
discuss, but not be limited to the following:
A. The method to provide a smooth and orderly transition of services performed from the current contractor,,
B. Provide City contact(s) information for implementation of agreement.
C. Identify specific milestones, goals and strategies to meet objectives.
13. POINT OF CONTACT / DESIGNATED REPRESENTATIVE
A. Contractor's point of contact: In order to maintain consistent standards of quality work performed
across the City, the City shall be provided with a designated and identified point of contact upon award of
the contract to include contact information. The City's designated representative shall be notified by the
Respondent immediately should the point of contact change.
B. The City's designated representative:
Marshall Reynolds
Fleet Operations Manager
General Services
Phone: (612) 218-6571
E-mail: rare ynolds@roundrocktexas. Lov
14. INTERLOCAL PURCHASING AGREEMENTS
A. The City has entered into Interlocal Agreements with other Governmental agencies pursuant to the
Interlocal Cooperation Act, Chapter 791 of the Texas Government Code. The Contractor agrees to offer
the same price and terms and conditions to other eligible agencies that have an interlocal agreement with
the City.
B. The City does not accept any responsibility or liability for the purchases by other government agencies
through an interlocal cooperative agreement
Noe 9 of 13
City of Round Rock Exhibit "A"
John Deere Construction Equipment Repair Parts and Services
I FB 20-010
Class/Item: 022-49 / 929-31
MAY 2020
PART IV
SCOPE of WORK
1 w INTRODUCTION:
ION•
The City of Round Rock, herein after "the City" seeks a bid from firms qualified to supply and deliver original
equipment manufacturer (OEM) parts and perform repair services for John Deere construction equipment.
2. CONTRACTOR RESPONSIBILITIES:
A. SHIPPING AND DELIVERY: All shipments and deliveries shall be FOB (Freight on Board) destination
to the following address:
Fleet Maintenance
901 Luther Peterson Place,
Round Rock, Texas 78664
All parts shall be shipped and delivered complete unless arrangements for partial shipments
are made in advance.
ii. All parts shipped and delivered shall include a shipping/delivery ticket showing the description of
each item, quantity, and unit price.
iii. Goods shall be received between the hours of 8:00 am to 5:00 pm Monday through Friday.
All shipments shall be coordinated with a City authorized representative.
iv. For items that are not normally expected to be stocked and for which shipping charges are
required for delivery, the shipping charges shall be prepaid and added to each invoice at
Contractor's cost and as supported by their freight invoice. The City reserves the right to audit
the Contractor's freight invoice to confirm accuracy of charge on the invoice to the City.
V. All goods shall be received and signed for by a City authorized representative upon delivery.
vi. No additional delivery costs are permitted for items expected to be "in -stock."
Transportation costs shall be included in the bid price provided or percent discount
off MSRP listed on the bid sheet.
vii. No Fuel surcharges or mileage charges shall be permitted. Transportation costs shall be
included in the bid price provided or percent discount off MSRP listed on the bid
sheet.
B. RETURNS: The City of Round Rock reserves the right to return unused items as needed. The
Contractor will be responsible for issuing all return credits, to include any shipping charges if necessary,
for returns due to incorrectly shipped orders, items damaged in transit, shipment of obsolete parts to the
City, or instances of surplus. The Contractor must have a return policy that will assist in preventing
obsolescence. The Contractor shall buy back all unused items purchased under this agreement that are
declared surplus or are no longer required by the City within 120 days of shipment at the original
purchase price. Restocking charges are not acceptable and will not be authorized for payment.
C. WARRANTY: All goods shall be warranted against defects in material and workmanship for a period
of no less than 12 months beginning with the date of installation of the part as evidenced by the
City's work order. If the manufacturer's standard warranty exceeds twelve months, then the
manufacturer's standard warranty shall be in effect. The successful Respondent shall furnish a copy
of the manufacturer's warranty at time of delivery.
D. PRODUCT: Unless otherwise agreed upon, all materials and repair parts shall be new except core
components on renewed assemblies.
i. Repair materials and parts shall be new unless alternative "after- market" or used parts were
specifically approved by the City's designated representative in advance.
ii. All repair parts and materials used must be certified by their manufacturer as meeting Original
Equipment Manufacturer (OEM) specifications.
Pace 10 of 13
City of Round Rock Exhibit "A"
John Deere Construction Equipment Repair Parts and Services
IFB 20-010
Class/Item: 022-49 / 929-31
MAY 2020
E. CONTRACTOR REPAIR FACILITY REQUIREMENTS:
i. The awarded Contractor shall have a facility large enough to accommodate their current workload
as well as the additional workload resulting from award of this contract. Contractor shall provide
daily, year-round service regardless of weather conditions.
ii. Shall be within 75 miles of City of Round Rock fleet facilities which are located at:
City of Round Rock Vehicle Maintenance
901 Luther Peterson Place
Round Rock, Texas 78664
F. SERVICE REQUIREMENTS#
The City may require the Contractor to pick up equipment or the City may request the Contractor
to come on site for repair of equipment. This will be determined by the City Representative prior
to the Contractor being contacted. The Contractor must provide a written estimate to the City's
designated representative within 24 business hours. Repair work shall not commence until the
Contractor has received a City -issued purchase order number. Contractor must quality -
inspect all equipment after completion of repairs for conformance to original manufacturer's
standards and configuration before returning the equipment to the City.
ii. Hidden Dams es: During the course of repair if additional damages are found that were not
included in the original estimate; the Contractor shall contact the City's Fleet operations Manager
or designated vehicle maintenance staff member and provide a written revision to the original
estimate and obtain authorization for the additional repairs and/or parts needed before additional
charges occur.
iii. Estimates: In all cases, repairs shall only be compensated to the extent specified in the written
repair estimate or City -approved modified repair estimate provided to the City's designated
representative. Estimates shall include the Vehicle Identification Number (VIN) or Serial Number
as applicable of each vehicle, an itemized list or description of work to be performed, the
estimated number of hours to complete the repairs, an itemized list of parts with each associated
cost, the estimated labor to perform the repairs, and an estimated completion time.
iv. out of service time: Out of service time due to repairs is of great concern to the City. The
Contractor shall agree to give priority to repair of the City's equipment. Upon acceptance of the
Contractor's estimate the City will require a turnaround time of two weeks for completion of any
repairs on City equipment. Any delays in this completion must be communicated with the City's
point of contact on a weekly basis.
V. Ind : All invoices must clearly indicate the City's assigned purchase order number, Vehicle
Identification Number (VIN) or Serial Number as applicable, date of repair, itemized labor and
parts charges, and supplies receipt indicating percent discount off MSRP to ensure contractual
compliance with the stated bid sheet percent discount.
vi. Warranty: Contractor shall provide, at minimum, a warranty of one year on parts and labor.
vii. Damage: The Contractor shall be held 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 usage
3. CITY RESPONSIBILITIES: The City will:
A. Coordinate with the Contractor for all scheduled pick up and drop off dates for City equipment.
B. Coordinate delivery with the Contractor.
C. Provide site access to the Contractor if on -site repairs are necessary.
D. Will provide associated work order, if necessary, to the Contractor to ensure warranty claims
are made within acceptable time frames.
Page I I of 13
City of Round Rock Exhibit "All
John Deere Construction Equipment Repair Parts. and Services
1 F13 20-010
Class/item: 022-49 / 929-31
MAY 2020
ATTACHMENT A
BID SHEET
1. ATTACHMENT A— BID SHEET is posted in Solicitation Documents for IFB, 20-010 John Deere Construction
Equipment Repair Parts and Repair Services in an Excel format on the City of Round Rock website at:
httDs://www.roundrocktexas.-qov/deoartments/ourchasino/ourchasina-active-solicitations/
A. In order to be considered responsive Attachment Ar Bid Sheet must be completed, signed by an
authorized representative and returned by the deadline for submission of response indicated in Part I
Section 4 — Schedule of Events.
B. The Respondent, by submitting and signing Attachment A — Bid Sheet, acknowledges that he/she has
received and read the entire document packet sections defined above including all documents
incorporated by reference, and agrees to be bound by the terms therein.
C. In order to do business with the City of Round Rock you must be registered with the City's Vendor
Database. To register, go to: https://roundrock.munisselfservice.com/Vendors/defauIt-ast)x.
D. By the signature affixed on Attachment A- Bid Sheet, the Respondent hereby certifies that neither the
Respondent nor the entity represented by the Respondent, or anyone acting for such entity has violated
the antitrust laws of this State, codified in Section 15.01 et seq., Texas Business and Commerce Code,
or the Federal antitrust laws, nor communicated directly or indirectly, the response made to any
competitor or any other person engaged in such line of business."
E. The Respondent agrees, if this Offer is accepted within 120 calendar days after the Due Date, to fully
comply in strict accordance with the Solicitation, specifications and the amounts shown on bid sheet.
Page 12 of 13
Attachment A- Bid Sheet
John Deere Construction Equipment Repair Farts and Services
l JFB # 20-0 1 0
The Respondent represents by their signature bellow that they are submitting a binding offer and are authorized to bind the respondent to fully comply with the solicitation
documents contained in IFB No. 20-010 John Deere Construction Equipment Repair Parts and Services. The Respondent acknowledges that they have received and read
the entire solicitation packet, attachments. and all documents incorporated by reference. and agrees to be bound by the terms therein.
Special Instructions: It is the City's intent to award a single contract for John Deere Construction Equipment Repair Parts and Services. All Rriges must be quoted in
each sectiop in order to be considered resp_vns_ ie. A value of "0" will be interpreted as no -cost to the City. Be advised that exceptions taken to any portion of the
rr,nrrrrrrrr-rrrrrirrr�.�i
solicitation or any unauthorized changes to the cost proposal sheet will jeopardize acceptance of your offer. The City reserves the right to purchase more or less than the
uantities indicated below.
Section,. John.Deere>:Ra f f onstrtscfion E ul ment
1.
P
- Estimated
No. - Part Number Description Unit. Unit .Cast Extended Total
Quantity
1
T209428
KEY;NEWER J.D.SKID LOADER
20
Each
$4.43
$88.60
2
T230WTL
TOOTH:BUCKET,T IN TIGER JD 410E
20
Each
$19.17
$383.40
3
AL168711
ENDJNNER TIE ROD
20
Each
$120.37
$2,407.40
4
AL 113451
GASKET
20
Each
$23.96
S479.20
5
AT309307
CLAMP
20
Each
$5.14
$102.80
6
AT184651
HINGE;DOOR
20
Each
$130.08
$2.601.60
7
pb75O225
BOLT -CUTTING EDGE C84
20
Each
$3.62
$72.40
8
re551508
FILTER;JD 410L SECONDARY FUEL
20
Each
$35.78
$715,60
9
at376506
guard
20
Each
$290.96
$5,819.20
10
at376504
cover
20
Each
$199.38
$3,987.60
11
at399229
guick coppigr
20
Each
$1,045.46
$20,9W20
12
miu802154
FILTER: FLUID JO 318E,326E3:3L
20
Each
$29.61
S592.20
13
AT184524
HINGE;DOOR
20
Each
$136.54
$2,730.80
14
AT360781
COOLER;OIL HYO
20
Each
$876.00
$17,520,00
15
AT307092
TRAVEL WARNING ALARM
20
Each
S230.81
$4,616.20
16
AT334914
PANEL -.HOOD
5
Each
$1,446.34
$7,231.70
17
AT334913
PANEL;HOOD
5
Each
$1,618.45
$8,092.25
18
AT332908
FILTER.AIR,OUTER{'14 JO 210K 4.5E)
20
Each
$21.82
$436.40
19
AT178516
FiLTER:PRIMARY AIR,524K
20
Each
$34.94
$698.80
20
AT223493
FILTER;STRAINER,FUEL.524K
20
Each
$7.50
$150.00
Section I Totall
$79,635.35
....................... ............ .......
,. _ ate: for. Re airs.:::. »:...
:...... Section 11:John are R
No.
Part Number
Estimated
Description: Unit
Quantity
Unit Cost Extended Total
21 1 HRLY RATE J Hourly Rate for Repair Services 200 1 Hour 1 $160.00 $32,0W00
Annual Total for Sections I & 11 $111,635.35
Section ik ,Percent :Discount._for items in'catato :but not reviausl . liste+d'
9 _., .:. P
:This section will:not be ovaiueted under,co$ b i` ui.:wi1 become art o the con------------ --------- --------- - -----
tract,
Percent Discount (%) off MSRP Catalog for John Deere OEM parts) John Deere List Price
I The City of Round Rock reserves the right to order other products from the attached MSRP Catalog
NAME:
SIGNATURE OF AUTHORIZED REPRESENTATIVE. -
PRINTED NAME:
PHONE NUMBER,
EMAIL ADDRESS:
ent Co.
512.687.7421
rduckett@rdoequipment.com
toff.
City of Round Rock Exhibit "A"
John Deere Construction Equipment Repair Parts and Services
lF13 20-010
Class/item: 022-49 / 929-31
MAY 2020
ATTACHMENT B
REFERENCE SHEET
PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE
SOLICITATION NUMBER: I FB 20-010
RESPONDENT'S NAME: Rob Duckett
DATE: 6/1/20
Provide the name, address, telephone number and E-MAIL of at least three (3) valid Municipal, Government
agencies or firms of comparable size that have utilized services that are similar in type and capacity within the last
two (2) years. City of Round Rock references are not applicable. References may be checked prior to award. If
references cannot be confirmed or if any negative responses are received it may result in the disqualification of
submittal.
1. Company's Name
City of Austin
Name of Contact
Jeffrey Steadman
Title of Contact
Accounts Payable/Accounting
E-Mail Address
..... ...
jefrrey.steadman@austintexas.goy
Present Address
1190 Hargrave St.
City, State, Zip Code
Austin,TX 78702
Telephone Number
512 974-1753 Fax Number:
2. Company's Name
City of Fort Worth
Name of Contact
Hope Diaz
Title of Contact
Accounts Payable/Accounting
E-Mail Address
hope.diaz@fortworthtexas.gov
Present Address
4100 Columbus Trail
City, State, Zip Code
Fort Worth, TX 76133
Telephone Number
( 817 ) 392-6674 Fax Number:
3. Company's Name
City of Denton
Name of Contact
Arisbeth Saucedo
Title of Contact
Accounts Payable/Accounting
E-Mail Address
arisbeth.saucedo@cityofdenton.com
Present Address
804 Texas St.
City, State, Zip Code
Denton, TX 76201
Telephone Number
(940 ) 349-8410 Fax Number:
FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY
AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD.
Page 13 of 13
HATE (MMroaaYYYY)
�► � CERTIFICATE OF LIABILITY INSURANCE 06/1.5/2020
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsernent(s).
PRODUCER 1-612-333-3323 CONTACT Dawn Heinemann and Angela Whirley
NAME: ......... I—— ----------_..._..�___........_.........__._.M...........................................
Hays Companies P� E............__.._,....._............................I....I..
PHONE 1 ;FAX
. ho�Exti............333......33.Z.3.................,. w,. �w _....NH9i�.6.2."'373 �7270
. ........... .
80 South 8 th street
E-MAIL
.ADDRESS: dheinemannohayscompan.ie$........com
YwWwvwrw�wrw.wn....... . -- ... - --- ... ..r... ......:.............••.•••m••t...v.m.•....•..•....................................�.u.•w•.,l.rww. u_.. --..
_. _-.._�..._.. - ......... ..•. ... ...
Suite 700
IN5LIRER1RAFFOROING COVERAGE
�.._..,.....,,.,..� __.. _..._......_...................�..............................................................._.
_ NAlC #t
..... ----
Minneapolis, MN 55402
_.. A.....:, ....v _.. _ _ _ _
INSURERA, ZURICH AMER INS CO
....�...
... .......
16535
INSURED
INSURERS- IRONSHORE SPECIALTY INS CO
2544 5
RDO Equipment Company
INSURER C . AMERICAN ZURICH INS CO
: 40142
PO Box 7160
INSURER D
INSURER E
Fargo, ND 5 810 6 -716 0
INSURER F
r_r1V1=I.2Ar.FS
t'_hRTIFIP_ATF N1111lIRPQ- 59474998 0=%11QIr%1l KIIIRAMIZO.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR 'THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
.�..__s...------M,...�.�.......�...........w._................w.....w.w.v,v... �Hw�....w........w.�.,.
INSR' ADDL SUER) .._ __ _ POLICYFF E1..... Pidi:k EX? ... �.,.................................................................................... ....
1 TYPE OF INSURANCE POLICY NUMBER MM/OD
.�.(LAMIDDNYYYI. LIMITS
A X COMMERCIAL GENERAL LIABILITY X X GL0937714716 2 - --
i0/31j19 20/31/ 0 1 000 000
,,.AC f OCCURRENCE S , ,
w.,.A...M _ ....................
X.AMA
CLAIMS -MADE I
- OL:i:li i REMIT c n; e 5
.. occurrence)
frr
MED EXP era �i �pl,'Any one t1 's 10"000
...:............., .. - .---..........:........................................................................
Ora oon
>.............:.......................................................::............................................................: PE------ 8 AUK INJURYS. ,
CCN` . AGGREGATE: I.IMIT APPLIES PER. �iENI~R�► �:iGi7 LxA
...._ ,
LA E 'ic S 2, 000, 000
PRO- °
Fit;€ IGY ` JECT L€'it, PRODUCTS ; S {�UMPs(�F AGG 5 2 , 0 0 , 0
t
t
OQ
CTHE:R. S
A AUTOMOBILE LIABILITY BAP 9 3 7714 616 10 / 31 / 2 9 10 /31 / 2 0 ' Cs�I�iBIhEU SINGLE LIMIT
S
E a acccient} 3v000,000
. ......�........_..._.....................,................................................................�....
X t1#siY AUTO BODILY INJURY (Per person, S
.......................... .... ... ._...................... I.............................
OWNED SCHEDULED
AUTOS ONLY .._ AUTCIS BODILY #; .
! INJURY (Per acc dor!
X ` HIRED ` NON -OWNED•
DAMAGE— S�AU OS ONLY AU CS ONLY Peracc:donI
--------
S
s > UMBRELL.AL.IAB X...� OCCUR 000773710 > 10/31/19 r 10/31/20 EACH CCU 10, 000, 000
...,...,......._........................................ .�
CH U RRE.NCE S
X
' 'EXCESS L.IAB
_................... uk. �.,.,.,......... _„_ �...._........,.......... ,.. aCLAIMS-MADEAGGREGATE
S
is RETENTION S S
OTH
WORKERS
CJRPER i
ANiEl4IPLOYOERS` BfLOITY x WC937714416 (AOs) : 10/31/19 to/31/20.....:STATUTE............... .. . . . .......................... �............. .
ANYPROPRIETORIPARTNERIEXECU'TIVE " E.f . EACH At;(;lgENf 1, 000, 000
NIA
GI^FICFRII'�lEt�4gEREXCc.i3IE0?............................................w.a,_�......._.�_ ...:........... ......_....... ........................................ .
(Mandatory In NH) :�:€�. DISEASE - EA EMPLOYEES S 1, 000, 000
If es. describe under . ............................................ � ...........................0
C SCRIPTIGN IF OPERATIONS 13elww ` E.L. DISEASE - POLICY LIMIT • S 1, 000, 000
DESCRIPTION OF OPERATIONS i LOCATIONS ! VEHICLES (ACORD i0i, Additional Remarks Schedule, may be attachod if more space is required)
City of Round Rock and its officers, employees, and elected officials are additional insured an a primmry and
non-contributory basis as respects general liability policy where required by written contract subject to the policy
terms and conditions. Waiver of subrogation applies in favor of the additional insured as respects general liability an
workers compensation policies where required by written contract subject to the policy(s) terms and conditions.
CERTIFICATE MOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City of Round Rock THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
221 East Main AUTHORIZED REPRESENTATIVE
Round Rock, TX 78664»-5299
i75A
CJ 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD
ddebuhr
59474898
Additional Insured — Automatic — Owners, Lessees Or ZUitlCl-i
Contractors
Polio No.
1. 11'. Date of Pol.
Fxp- Daw ol'llol,
11,11' Date of Und.
1.1roducer No.
Add 1, Preto
Relum prem
GLO 9377147-16
10/31/2019
10/31/2020
34150000
INCL
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Named Insured: RDO EQUIPMENT C.00.
Address (including ZIP Code):
P 0 BOX 7160
FARGO, ND 58106
This endorsement modifies insurance provided under the:
Commercial General Liability Coverage Part
A. Section 11 — Who Is An Insured is amended to include as an additional insured any person or organization whom you
are required to add as an additional insured on this policy under a written contract or written agreement. Such person
or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal
and advertising injuryt' caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your behalf,
in the performance of your ongoing operations or "your work" as included in the "products -completed operations
hazard", which is the subject of the written contract or written agreement.
However, the insurance afforded to such additional insured:
1. Only applies to the extent permitted by law; and
2. Will not be broader than that which you are required by the written contract or written agreement to provide for
such additional insured.
B. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies-,
This insurance does not apply to:
"Bodily 'Injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to
render, any professional architectural, engineering or surveying services including:
a. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys,
field orders, change orders or drawings and specifications; or
b. Supervisory, inspection, architectural or engineering activities.
This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the
supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the
"bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the
rendering of or the failure to render any professional architectural, engineering or surveying services.
U-GL-1 175-F CW (04/13)
Page I of 2
Includes copyrighted material of Insurance Services Office, Inc., with its permission,
C. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV —
Commercial General Liability Conditions:
The additional insured must see to it thato.
1. We are notified as soon as practicable of an "occurrence" or offense that may result in a claim;
2. We receive written notice of a claim or "suit" as soon as practicable; and
3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by
another insurer under which the additional insured may be an insured in any capacity. This provision does not
apply to insurance on which the additional 'insured is a Named Insured if the written contract or written agreement
requires that this coverage be primary and non-contributory.
D. For the purposes of the coverage provided by this endorsement:
1. The following is added to the Other Insurance Condition of Section IV — Commercial General Liability
Conditions.,
Primary and Noncontributory insurance
This insurance is primary to and will not seek contribution from any other insurance available to an additional
insured provided that:
a. The additional insured is a Named Insured under such other insurance; and
b. You are required by written contract or written agreement that this insurance be primary and not seek
contribution from any other insurance available to the additional insured.
2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV — Commercial
General Liability Conditions:
This insurance is excess over:
Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional
insured, in which the additional insured on our policy is also covered as an additional insured on another policy
providing coverage for the same "occurrence", offense, claim or "suit". This provision does not apply to any
policy in which the additional insured is a Named Insured on such other policy and where our policy is required by
a written contract or written agreement to provide coverage to the additional insured on a primary and non-
contributory basis.
E. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement
showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to
that identified additional insured.
F. With respect to the insurance afforded to the additional insureds under this endorsement, the following is added to
Section III — Limits Of Insurance:
The most we will pay on behalf of the additional insured is the amount of insurance:
1. Required by the written contract or written agreement referenced in Paragraph A. of this endorsement; or
2. Available under the applicable Limits of Insurance shown in the Declarations,
whichever is less.
This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations.
All other terms and conditions of this policy remain unchanged.
U-GL-1 175-F CW (04/13)
Page 2 of 2
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
z
Waiver Of Subrogation, (Blanket) Endorsement ZtJRICH
Pohq% No.
111" I)JIV Of Plot.
1-\p.. Date of Pol.
F 11" Date off"MI,
Producer
Add] Prem
Return Prem,
GL09"77147 16
10,,*3 1 :27019
to 1010
1031 �20 19
34
150000
THIS ENDORSENMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the:
Commercial General Liability Coverage Part
The folloming i4 added to the Transfer Of Rights Of Recovery Against Others To Us Condition:
%0
If You are required by a written contract or agreement, which is executed before a loss, to waive Your rights of recovery from oth-
ers., we agree to waive Our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other
operations in which the insured has no contractual interest.
INTERNAL USE ONLY U-GL-925-B CW 0 1`0 1)
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13
(Ed. 4-84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce
our right against the person or organization named in the Schedule. (This agreement applies only to the extent that
you perform work under a written contract that requires you to obtain this agreement from us.)
This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
Schedule
.L
ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQtJJIR1u.'iD BY WPITTEN
CONTRACT, OR AGREEMENT WITH THE INSURED, EXk.".ECUTE.D PRIOR TO ""HE
ACCIDENT' OR LOSS, THAT WAVIER OF SUBROGAT-1.0N BE PROVIDED UNDER THIS
POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANI""ATION
RDO EQUIPMENT
I
W �C' 9 3 7 " 1. 4 4 16
10/1311/20119 TO 1'U'/31/2020
WC 00 03 13
(Ed. 4-84)
(,M 1983 National Council an Compensation Insurance.