Loading...
R-2020-0259 - 9/24/2020 RESOLUTION NO. R-2020-0259 WHEREAS, the City of Round Rock ("City") has duly advertised for bids to purchase John Deere agricultural equipment parts and repair services, and for related goods and services; and WHEREAS, Tom Loftus Inc. (dba Austin Turf and Tractor) has submitted the lowest responsible bid; and WHEREAS, the City (-ouncil wishes to accept the bid of Tom Loftus Inc. (dba Austin Turf and 'tractor), Now Therefore 13E ITRESOLVED BV THE COUNCIL OFTt1E CITU OF ROUND ROCK, "TEXAS, That the Mayor is hereby authorized and directed to execute on behalf" of the City an Agreement for John Deere Agricultural Equipment Parts and Repair Services with Tom Loftus Inc. (dba Austin Turf and Tractor), a copy of said Agreement being attached hereto as l,"xliibit "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 hcrcofwcre discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 24th clay of'September, 2020. CRAIG MOR Mayor )un City of Roue ock, Texas ATTEST: MEA76A4-`pINKS, heputy City Clerk 0 112 20202,(A)45472 I EXHIBIT "A" CITY OF ROUND ROCKAGREEMENT FOR JOHN DEERE AGRICULTURAL EQUIPMENT PARTS AND REPAIR SERVICES WITH TOM LOFTUS INC. MIALMaILELANPIRACT M THE STATE OF TEXAS § CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § COUNTY OF TI VIS § THA"I' THIS AGREEMEN"I' for the purchase citJohn Deere agricultural equipment parts and repair services, and for related goods and services (referred to herein as the "Agreement"), is made and entered into on this the _.__ day of f"the month o2020 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 TOM I.,OFTIJS INC. (dba Austin Turf and Tractor), whose mailing address is 809 Steve Hawkins Parkway, Marble Falls, Texas 78654 (referred to herein as the "Vendor"). RECITALS: WHEREAS, City desires to enter into an agreement for purchase of John Deere agricultural equipment parts and repair services; and WHEREAS, City has issued its "Invitation for Bid" for the provision of said services; and WHEREAS, the City has determined that the Vendor is the lowest responsible bidder and desires to procure said goods from Vendor; said WHEREAS, the parties desire to enter into this Agreement to set forth in writing their respective rights, duties, and obligations; NOW, THEfU.FORE, WITNESSETH: That for and in consideration of`the mutual promises contained herein said 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 services and Vendor is obligated to provide same. I he 00452023 ss2 Agreement includes the following: (a) City's Invitation for Bid, designated Solicitation Number 20-016 dated May 2020 (11`13"); (b) Vendor's Response to IFF; (c) contract award; and (d) any exhibits, addenda, and/or amendments thereto. Any inconsistencies or conflicts in the contract documents shall be resolved by giving preference in the following order: (1) This Agreement; (2) Vendor's Response to lFB; (3) City's Invitation for Bids, exhibits, and attachments. B. City means tile 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 tile 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. E Vendor means Tom Loftus Inc,, its successor or assigns. 2.01 EFFECTIVE DATE, 'YERM 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, 13. The to 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 CON-rRACT DOCUMENTS AND EXHIBITS City selected Vendor to supply the goods as outlined in the Part IV, Scope of Work, of the IF13, and the Response to lFB submitted by Vendor as described in Attachment A: Bid Sheet 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 Vendor in its Response to the IFF. 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 SCOPEOF WORK Items Awarded. All bid items in Attachment A: Bid Sheet of Exhibit "A" are awarded to Vendor. Scope ol'Work: For purposes of`this Agreement, City has issued documents delineating the required services (specifically IFB 20-016 dated May 2020). Vendor has issued its response agreeing to provide all such required services in all specified particulars. All such rel.'erenced documents are included in Exhibit "A" attached hereto and made as 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 set-vices described Under tire attached exhibits within the contract term specified in Section 2.01. Vendor's undertakings shall be limited to performing services for City and/or advising City concerning those matters on which Vendor has Keen 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 services to be performed by Vendor, City agrees to pay Vendor the arTIOLIntSset 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 Sixty-One Thousand One Hundred Seventy-Five and 1' o/100 Dollars ($1(11,175.00) for the term of this Agreement, 6.01 INVOICES All invoices shall include, at a rninirrium, the following infimnation: A. Name and address of Vendor; 13purchase Order Number; C. Description and quantity ofitenis received or services provided; and 3 D. Delivery or perl7on-narice dates. 7.01 INTERLOCAL COOPERATIVE CONTRACTIN(11 /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 1,ocal Government Code, Title 8, Chapter 271, Subehapter F, Section 271.101 and Section 271,102. Other governmental entities within the State of Texas may be extended the opportunity to purchase off of the City's bid, with the consent and agreement of the successful vendor(s) 'mid the City. Such agreement shall be conclusively inferred for the Vendor from lack of exception to this clause in the vendor's response. However, all parties hereby expressly agree that the City is not an agent of, partner to, or representative of those Outside agencies or entities and that the City is not obligated or liable for any action or debts that may arise out of such independently- negotiated "piggyback" procurements. 8.01 NON-APPROPRIA,riON 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 affect such termination by giving Vendor a written notice of termination at the end of its then current fiscal year. 9.01 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V,T,C,A,, 1'exas Government Code, payment to Vendor will be made within thirty (30) days of the day on which City receives the performance, supplies, materials, equipment, and/or deliverables, or within thirty (30) days of the day on which the performance of'services was complete, or within thirty (30) days of the day on, which City receives a correct invoice for the performance and/or deliverables or services, whichever is later. Vendor may charge interest on an overdue payment at the "rate in effect" on September I of the fiscal year in which the payment becomes overdue, in accordance with V,T,C,A,, Texas Goverm-nent Code, Section 2251.025(b); however, this Policy does not apply to payments made by City in the event: A. There is a bona fide dispute between City and Vendor, a contractor, subcontractor or supplier about the goods delivered or the service perl'on-ned that cause the payment to be late,or B. The tenus of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or It C� 'rhere, is a bona fide dispute between Vendor and a subcontractor or between a subcontractor and its supplier about the goods delivered or the service performed that causes the payment to be late;or, D. Invoices are not mailed to City in strict accordance with instructions, if any, on the purchase order or the Agreement or other such contractual agreement. io.oi (;RATUITIES AND BRIBES City may, by written notice to Vendor, cancel this Agreement without liability to Vendor if it is determined by City that gratuities or bribes in the form of entertainment.' gifts, or otherwise were offered or given by Vendor or its agents or representatives to any City officer, employee or elected representative with respect to the performance of this Agreement. In addition, Vendor may be subject to penalties stated in Title 8 of the Texas Penal Code. 1.1.01 TAXES City is exempt frorn 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. 13.0.1 INSURANCE Vendor shall meet all insurance requirements set forth Part 11 of No. 20-016 and on the City's website at: .........a.. c QiT,201 12 14.01 CITY'S RE PRESENTATIVES City hereby designates the following representatives authorized to act in its behalf with regard to this Agreement: (."had McDowell Director of General Services 212 Commerce Cove Round Rock, Texas 78664 512-341-3191 1,AT1Cd0'A'C11q 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 Vendor abandons or defaults under this Agreement and is a cause of City purchasing the specified goods elsewhere, Vendor agrees that it may be charged the difference in cost, if` any, and that it will not be considered in the re-advertisement of the service and that it may not be considered in future bids for the same type of work unless the scope of work is significantly changed. Vendor shall be declared in default of this Agreement if'it does ally 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; Cl. Fails to provide adequate assurance of performance Linder 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 to mate this Agreenwnt, in whole or in part, for convenience arid without cause,at any time upon thirty (30)days' written notice to Vendor, B. In the event of any default by Vendor, City has the right to terminate this Agreement for cause, upon ten (10) days' written notice to Vendor. C. Vendor has the right to terminate this Agreement: only for cause, that being in the event of a material and substantial breach by City, or by mutual agreement to terminate evidenced in writing by and between the parties. D. In the event City terminates under Subsections (A) or (B) of this section, the following shall apply: LJpon City's delivery of the referenced notice to Vendor, Vendor shall discontinue all services in connection with the performance of this Agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such orders and contracts are chargeable to this Agreement. Within thirty (30) days after such notice of termination, Vendor 6 Shall Submit a statement showing in detail the goods andJor services satisfactorily performed under this Agreement to the date of termination. City shall then pay Vendor that portion of the charges, if undisputed. "Che 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), indemnify, and hold City, its successors, assigns, officers, employees and elected officials harmless from and against all suits, actions, legal proceedings, claims, demands, darnages, costs, expenses, attorney's fees, and any and all other costs or fees arising out of, or incident to, concerning or resulting from the fault of Vendor, or Vendor's agents, employees or subcontractors, in the performance of Vendor's obligations under this Agreement, no matter how, or to whom, such loss may occur. Nothing herein shall be deemed to limit the rights of City or Vendor (including, but not limited to the right to seek contribution) against any third party who may be liable for an indemnified claim. 19.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES A. Vendor, its agents, employees and subcontractors shall use best efforts to comply with all applicable federal and state laws, the Charter and Ordinances of the City of Round Rock, as amended, and with all applicable rules and regulations promulgated by local, state and national boards, bureaus and agencies, B. 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 riot 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 ofthis Agreement. 20.01 ASSIGNMENT AND DELEGATION The parties each hereby bind themselves, their successors, assigns and legal representatives to each other with respect to the terms of this Agreement. Neither party shall assign, sublet or transfer any interest in this Agreement without prior written authorization of the other party, 21.01 NOTICES All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows: I When delivered personally to the recipient's address as stated in this Agree.rnent,, or 2. Three (3) days after being deposited in the United States mail, with. postage prepaid to the recipient's address as stated in this Agreement. Notice to Vendor: `rom Loftus Inc. 809 Steve Hawkins Parkway Marble Falls, TX 78654 Notice to City: Laurie Hadley, City Manager Stephan L. Sheets, City Attorney 221 East Main Street AND TO: 309 East Main Street Round Rock, `1.' 78664 Round Rock, TX 78664 Nothing contained herein shall be construed to restrict the transmission of routine communications between representatives of C ity and Vendor. 22.01 APPLICABLE LAW; ENFORCEMENT AND VENUE This Agreement shall be enforceable in Round Rock, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, 'Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State ofTexas. 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 ofthe parties hereto in writing, duly authorized by action ofthe City Manager or City Council, 24.01 DISPUTE RESOLUTION City and Vendor hereby expressly agree that no claims or disputes between the parties arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9 (JSC 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 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 riot prevent this entire Agreement from being void should a provision which is of the essence of this Agreement be determined void. 26.01 MISCELLANEOUS PROVISIONS Standard of Care. Vendor represents that it employs trained, experienced and competent persons to perform all of the services, responsibilities and duties specified herein kind that such services, responsibilities and duties shall be performed in a manner according to generally accepted industry practices. Time is of the Essence. Vendor understands and agrees that time is of the essence and that any failure of Vendor to fulfill obligations for each portion of this Agreement within the agreed timeframes will constitute a material breach of this Agreement. Vendor shall be fully responsible for its delays orlor failures to use best efforts in accordance with the terms of`this Agreement. Where damage is caused to City due to Vendor's failure to perform in these circumstances, City may pursue any remedy available without waiver of any of`City's additional legal rights or remedies, Force Majeure. Neither City nor Vendor shall be deemed in violation of this Agreement if it is prevented from perfort-ning -:uiy of"its obligations hereunder by reasons for which it is not responsible as defined herein. However, notice Of Such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. Multiple Counterparts. This Agreement may be executed in multiple counterparts, any one of which shall be considered an original of this document; and all of which, when taken together, shall constitute one and the same instrument, [Signatures on the following page.] 9 IN WITNESS JI-IF:REOF, City and Vendor have; executed this agreement on the dates indicated. City of Round Rock,Ceras 'rom Loftus Inc. By: Printed Name: Printed Mame: Title: Title: e ,t. . 7.. o"5 > 'moi 6 Date Signed ..w_. .�� Gate Signed: ... W ,fittest: By: ..w.W_...__..w....... Sara L. White. City Clerk For City, Approved as to Form: By Stephan L. Sheets, City Attorney 10 Exhibit "A" d P ` n� n moa ,,.'' ROUND ROCK "I PURCHASING DIVISION a City of Round Rock, Texas Purchasing Division 221 East Main Street Round Rock, Texas 78664-5299 round rocktexas-,.. (o) City of Round Rock Exhibit "A" John Deere Agricultural Equipment Repair Parts and Services IFB 20-010 Class/Item: 022-491929-31 MAY 2020 JOHN DEERE AGRICULTURAL EQUIPMENT REPAIR PARTS AND REPAIR SERVICES PART I GENERAL. REQUIREMENTS 1. PURPOSE: The City of Round Dock, 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 agricultural equipment. 2. SOLICITATION PACKET: This solicitation aeket is cow rased of the folNo� 1 n index I EDascriptoo Part I —General Requirements Page(s) 1.5 1 i Part 11 —Definitions, Standard Terms and Conditions Page 5 and Insurance Requirements Part III w-Supplemental Terms and Conditions Page(s) 7-9 Part 1V—Specifications Page(s) 10-11 Attachment A—Bid Sheet ( Page 12 i _...__w._. ._........_......._..._.w. __ _.__,......,.,_m.w..w.._..._...)........_..._.__....._u..._.._..... �,_. Attachment B—Reference Sheet Page 13 _._ ...._w_..v_.__ _........ w..__._............_._ 3. AUTHORIZED PURCHASING CONTACT: For questions or clarification of specifications, you may contact: Amanda Crowell Purchaser Purchasing Division City of Round Rock Phone: 512-218-5468 E-mail: r°ow Nl rf rraun ra ckte a ov 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 Found Rock through the Purchasing Department, 4. SCHEDULE OF EVENTS: It is the City's intention to follow the solicitation timeline below. EVENT DATE .. _._......_..w_._. _. . Solicitation released i May 21, 2.020_. _...._.. w __.._. Deadline for submission of questions ; June 4, 2020 @ 5!00 PM, CST 1 City responses to questions or addendums Approximately Juice i3 2020 _.... ... _ .._. __.....__..._.__._._......_ __,_..._,._.....___._„.. _._..._______„_._ _ ___..... Deadline for submission of responses June 15. 2020 3:00 PM, CST ................. ...._ _._.. .. .. �.. .. . Page 2 of 13 City of Round Rock Exhibit "A" John Deere Agricultural Equipment Repair Parts and Services IFB 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: tLt1jLsjL roundrocktex 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: Littp",I/www,rouncrocl<t,exas.qov/bids, 6. SOLICITATION UPDATES: Respondents shall be responsible for monitoring the City's website at LitjrL�S\�rounctLgLkf�nr g go iti€ja 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. R 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 REQUIREMENTS: The City of Round Rock makes no warranty that this checklist is a full comprehensive listing of every requirement specified in the solicitation. This list is only a tool to assist participating Respondents in compiling their final responses. Respondents are to carefully read the entire solicitation. Respondent shall submit one(1) evident signed"Original" and one identical electronic copy of the IFS 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 (IFS}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 IFS will be solely at the interested parties' expense. Not responding to this 11713 does not preclude participation in any future RFP/RFQ/IFB, attachments identified hllow shall kft_lghMillqd with voar RLqposaI. Rage 3 of 13 City of Round Rock Exhibit "A" John Deere Agricultural Equipment Repair Parts and Services IFP 20-010 Class/Item: 022A9/929-31 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 atLit,IpLLy� a,�'our,,drocktexcls (Ly tLi(jq for any updates pertaining to the solicitation, Aftachiment A: BID SHEET. The bid response shall be submitted on itemized, signed Bid Sheet provided in the solicitation packet. Failure t cam late and si n the bid sh twill result in dis uglification. 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; F. 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. K 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 arid/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. InfOrTnation 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 tinder 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. flige 4 of 13 City of Round Rock Exhibit "A" John Deere Agricultural Equipment Repair Parts and Services IF B 20-010 Class/item: 02249/929-31 MAY 2020 11. CERTIFICATE OF INTERESTED PARETIES: 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: LLILsm/ImDtaet LosijL—itetx �atso—ew/i—lfmf(L fml - 5,htm flatw 5 ol'13 City of Round Rock Exhibit "A" John Deere Agricultural Equipment Repair Parts and Services IFS 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: !Ltt�.,I/mNw.rc,,)ur'id�,ocktexa I L9 Me Etnif n s&�Lhg�,;�2gi --Lu -Y-2-0 _ �_ L _ 2. IN5URANCE: 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: h to/hNww,r,0LJndr()cktexas P,ige 6 of 13 City of Round Rock Exhibit "A" John Deere Agricultural Equipment Repair Parts and Services IFP 20-010 Classfltem: 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 agricultural 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; R. 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 agricultural 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 agricultural equipment repair parts and repair services. 4. SAFETY: The City reserves the right to remove any employee from City property for violation of federal, ;late-, and local health, safety and environmental laws, ordinances, rules and regulations, The Respondent shall: X 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 Linder this paragraph. , Page 7 of 13 City of Round Rock Exhibit "A" John Deere Agricultural Equipment Repair Parts and Services IFB 20-010 Classiltem: 022-49/929- 1 MAY 2020 5. WORKFORCE: Successful Respondent shalt X 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 Respondent's 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 Agricultural 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 (CPl) is found at the Bureau of Labor Statistics, Consumer Price Index website: f1am Wo 1) 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. RERFOR MANCE REVIEW: The City reserves the right to review the awarded respondents' performance at any time during the contract term. 9. ACCEPTANCEIINSPECTION: Acceptance inspection should not take more than five(5)working days. The ;warded 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 riot 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. flage 8 of 13 City of Round Rock Exhibit "A" John Deere Agricultural Equipment Repair Parts and Services IFB 20-010 Class/item: 022-49 1929-31 MAY 2020 10. QffEjER tl,�IV I I : 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 ordernumber, 6. 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. C. 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 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 Tis—cuss, but not be limited to the following: A. The method to provide a smooth and orderly transition of services performed from the cur-rent 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: X 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. (512)218-5571 Ee IrI g_ qLAP-maiL 14. INTERLOCAL PURCHASING AGREEMENTS X 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 1-1,ag�-,9 of L) City of Round Rock Exhibit "A" John Deere Agricultural Equipment Repair Parts and Services IFS 20-010 Classiltem: 022-49/929-31 MAY 2020 PART IV SCOPE OF WORK 1. INTRODUCTIOW TheCityof 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 agricultural 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 i. 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 shippingidelivery 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 cificall a roved b the Cit "s deli Hated re ive in advance, ii. All repair parts and materials used must be certified by their manufacturer as meeting Original Equipment Manufacturer(OEM) specifications Page 10 of 13 City of Round Rock Exhibit "A" John Deere Agricultural Equipment Repair Parts and Services IFB 20-010 ClassiItem: 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 REQLUIEREEMENTS: i, 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 DaM§ges: 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. jn±g : 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, j8faLtanty: Contractor shall provide, at minimum, a warranty of one year on parts and labor. vii. Barna e: 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: X 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 frarnes. Page I I of' 13 City of Round Rock Exhibit "A" John Deere Agricultural Equipment Repair Parts and Services IFB 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 20-0,16 John Deere Agricultural Equipment Repair Parts and Repair Services in an Excel format on the City of Round Rock website at: !jtj[)SL/1wL11V1N rounL22ktexas_qo�r/ sr L 4 LiM_ A. In order to be considered responsive Attachment A- Bid Sheet must be completed, signed by an authorized representative and returned by the deadline for submission of response indicated in Part I Section 4—Schedule of Events. B. The Respondent, by submitting and signing Attachment A—Bid Sheet, acknowledges that fie/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: Lit.t.)&flroLjn,Lrgqk.Lnu rji��s.,gLlLr�try ice comNeridors/defau It, 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, llagc 12 of' 13 Attachment A-Bid Sheet John Deere Agricultural Equipment Repair Parts and Services JFB#20-016 'he Respondent represents by their,signature below that they are.submilting a binding offer and are authorized to bind the respondent to fatly comply with the ,olicitation documents contained in IFS No.20-016 John Deere Agricultural Equipment Repair Parts and Services.The Respondent acknowledges that they have eceived 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 Agricultural EqUipment Repair Parts and Services.All rice rnu be u t d in each soctlEn in order to be ccarrsadered res orasive.A value at"O"will be interpreted as no-cost to the City Be advised that exceptlons taken to any portion of the olicitaition or any unauthorized charges to the cost proposal sheet will jeopardize acceptance of your offer,The City reserves the right to purchase more or less than the quantifies indicated below, ------- Section 1:John Deere Repair Partsfor A..,an uitural Equipment No. Part Number Description Estimated Unit Unit Cost Extended Total Q antit 1 M83541 BUSHING 15 Each $3,411 $5115 2 14M7400_.__.NUT;LOCK 15 Each $1,27 S%05 3 14M7401 NLJT,STEERING LOCK SCREW 15 Each $1.61 $24.15 419M7793 SCREW:CAP 15 W Each $3,16 $4740 5 19M8093 _SCREW is Each $3.78 $66.70 6 19M8598 WASHER 15 Each _$6.52 $97,80 7 24M7178 FENDER Q_LqATQ 42 AP 15 Each $1.03 $15,45 8 M1 13113 f2gaLt.g§(Q _G�ALOR 15 Each $199.32 $2989.80 9 M03879 BLJSHING;JD GATOR ABSORBER15 Each $3,95 $59,25 10 14M7401 NLIT,STEERING LOCK 15 Each $1.61 $24A5 11 M142426 KINGPIN;12MM 15 Each $40,30 S60zk50 12 JDG1641 TOOL:REMOVAL CLUTCH GATOR 15 Each $22.99 $344.85 13 M142525 BOLT:STEERING BUSHING 15 Each $7.79 $116,85 14 AMI 17584 FILTER:Fl. q4 JEL 16 XUV 8251 ),�D 15 Each $16,57 $248.55 15 LG270 MAINTENANCE KIT�18 15 Each 562.80 $942,00 16 W53874 JOHN DEERE SLADE;JD709 MOWERJNEW STYLEL___, 15 Each $47.52 $712,80 I7 _�Zl;6 7 SPINDLE 15 Each $104.85 $1,572,75 18 M149676SPLASH GUARD , 15 Each $887 : $133,05 _Each $1x4.94 $2,17410 �g A M�T8�3 1 :76S :ED:A:� 7 5 Annual Total lfc r Section 1,, $10,234.35 Section It:John Deere Hourly Rate for Repairs ... ........ No. Part Number Description Estimated Unit Unit Cost Extended Total Quantity 20 HRLY RATE Hourly Rate for Repair Services 200 Hour $110.00 $22,000.00 Annual Total for Sections I&it $32,23435 Section III: Percent Discount for items In catalog but not previously listed This section will not be evaluated tinder cost but will become part of the contract, __ u. � �_.._ _. _ Percent Discount(1/6)off_MSRP Catalog for John Deere OEM-Parts % The City of Round Rack reserves the right to order other products frown the attached MSRP Catalog OMPANY NAME: Torn Loftus Inc,DBA Austin Turf&Tractor IGNATURE OF AUTHORIZED REPRESENTATJVE: RINTED NAME; Sen Rutland HONE NUMBER,. 830-693-6477 MAIL ADDRESS: City of Round Rock John Deere Agricultural Equipment Repair Parts and Services IFS 20-010 Classlitem: 022-49/929-31 MAY 2020 ATTACHMENT B REFERENCE SHEET PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE SOLICITATION NUMBER: RESPONDENT'S NAME: DATE: at,1)6 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 confin-ned or if any negative responses are received it may result in the disqualification of submittal, I Company's Narne Name of Contact Title of Contact E-Mail Address Present Address City, State, Zip Code Telephone Number Fax Nurnber:T2:��) 2. Company's Name Name of Contact Title of Contact E-Mail Address Present Address City, State, Zip Code Telephone Number 3. Company's Narne Name of Contact Title of contact E-Mail Address Present Address City, State, Zip Code Telephone Number Fax Number: FAILURE TO PROVIDE rH, E REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY AUTOMATICALLY DISQUALIFY'rFiE RESPONSE FROM CONSIDERATION FOR AWARD, Page 13 of 13 ROUND ROCK TEXAS P0404ASPIC Cdr MON ADDENDUM appt ®OF ROUND ROCK,TEXAS Solicitation: 20-016 Addendum No: 1 Date of Addendum: 6116/2020 This addendUrn is to incornorate the following changes to the above referenced solicitation I. Extension-The proposal due date is hereby extended until Wednesday,6/24/2020 at 10OPM, it ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. APPROVED SYS 6/1612020 manda Crowell, Purchaser Purchasing Office, 512-218.5458 By the signature affixed below this addendum is hereby incorporated into and made a part of the above referenced solicitation, ACKNOWLEDGED BY Name A%uth;orlzed Siria95a— Date RETURN ONE 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. ROUND ROCK TEXAS PUA MA50tr OMSMU ADDENDUM CITY OF ROUND ROCK,TEXAS Solicitation: 20-016 Addendum Ido: 2 Date of Addendum: 612412020 "rhis addendum ts to incorporate the foilowing changes to the above referenced solicitation: i, Extension: The proposal due date is hereby extended until Wednesday, July 1, 2020 at 100PM. 11 ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME, APPROVED BY: 6124/2020 Amanda- 11, Purchaser Purchasing Office, 5,12-218-5458 By the signature affixed below this addendum is hereby incorporated into and made a part of the above referenced solicitation ACKNOWLEDGED BY, Name Auf fed Sigrm'Tu--F� Date el RETURN ONE SIGNED COPY OFTHIS ADDENDUM TO THE PURCHASING OFFICE WITH YOUR SEALED PROPOSAL. FAILURE TO DO SO MAY AUTOMATICALLY DISQUALIFY YOUR RESPONSE FROM CONSIDERAT(ON FOR AWARD. A u stl'o n TURF & TRACTOR Sol#20-010 June 29, 2020 To: City of Round Rock From: Ben Rutland Re: Solicitation 11LIrnber20-010 To whorn it may concern. Tom Loftus Inc. DBA Austin Turf& Tractor is an Authorized John Deere Dealer. Being a John Deere Dealer allows us to sale and support Golf Equipment, Tractors 1-Series thru 5-Series, Commemial & Residential mowers, Utility vehicles as well as Commercial Construction Equipment, Thank you, Ben Rutland Nortli Texas Operations MGR Marble Falls Dallas New Mexico Fort Worth ACCPI?a DATE(MMDEWYYYY) CERTIFICATE OF LIABILITY INSURANCE 07 22 2U20 THIS CERTIFICATE 19 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS POt 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 polic )4 V ,�Ies) must have ADDITIONAL INSURED.pro Islons or be endorsed.If SUBROGATION IS WAIVED, subject to the terms and conditions o e policy,certain policies may require a endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Sens ry Cus!Dmei Swvice Sentry Insurance RHONE FAX 1800 Nafm Point Dfive (AIC.No.Exfl:WO 473 6879 -71-9 L— Slovens PC;M,011 544a I EMAIL ADDRESS: bur, INSURER(SI AFFORDING COVERAGE NAIL N INSURER A Sentry Seer„LI Insu,ance Cao npany Z1€80 INSURED INSURER T'om LoIlus Inc,USA Auslin lwf&Twoo, 809 Sieve Hawkins Pkwy INSURER C ---.......------- Marble Palis.TX 786V,-6367 INSURER 0: INSURER E ............ MSURER F: COVERAGES CERTIFICATE NUMBER: 192r772 REVISION NUMBER: THIS IS 10 CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUE-0—TO1HE INSBJt ED—NAME--D-ABON-E('=—OR THE—POLIC-Y—('—ERIOD- INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT 10 WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT 'TO ALL THE TERMS, EXCLUSIONS ANO CONDITIONSC)F SIJf,LPC)LI(,'1E^r L'MiTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR 'TYPE OF INSURANCE DDL POLICY EFF POLICY EXP LTR INSR WVD POLICY NUMBER t LIMITS —M-M-Q2f-yyyy-L-AnM-L0PfffflyJy. X COMMERCIAL GENERAI AB,17 EAGH OCCURRENCE S 4 0.000 GE rO REN I ED REMV" 71 CLAIMS MAM�: r AAte D MED EXP(Any one porsony —------------------ Y, x 71101104 03 1("12020 0311 N2021 A PERSONAL&ADV INJURY S 500,000 GEN I.ArGPEGArE LIMITAPP 1, r GENERAL AGGREGATE $ I'S00,0W poucy E J`E`CT PRODUCTS-COMPIOP AGG $ 1,500,000 OTHEII $ AU rOMOBILE LIABILITY 1COMBINED I SINGLE LIMn' $ a�� n x ANY AUTO BODILY INJURY(Pur pt'isin) 5 A ARU ALI, x x 2",I 0511 Y 03IIWP020 03/1012021 JURY(Per arx,denl) S HIRED NON )WNEDY DAMAGE ALTO$ONLY "'C unl) $ S X UMBRELLA LIAR X EACH OCCURRENCE $5.0 N1000 A X EXCESS LIAR A 1AVE 03/1a/202„1 1AGGREGATE S I5,0(x),000 DEC) FC71'I PRODUCTS COMP-OP AGG a 15,000,000 .............. WORKERS COMPENSATION P TT: U I= kbq AND EMPI'0YERS't.IARILJTY YIN ..... K ANY PROPRIETOR PANE N,H, a ,, ,'h E L EACH ACCfDE4T OFFICER MEMBER EX? A (Mandatory In NHi El DISEASE-FA EMPLOYEE S descobe undw E.L DSEASE-POLICY LIMIT DESCMPTION CRF OPERATIONS/LOC AT4ONS I VEHICLES(ACORD 101,Add(liorial Remarks Schedule,may be attached 4 more space Is raquifed) Rnlvt Iciahached CERTIFICATE­ - - - -I TO—L D E R- CANCELLATION iie C ly cf Round Rexkaird iIs officws omok)ycws and SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE "Pledod offir'saIsas ihair'Neie”may app�aw THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 221 L Main S, ACCORDANCE WITH THE POLICY PROVISIONS. Rouml Rof"K FX iffi'564,5211 .......... —------ AUTHORIZED REPRESENTATIVE ................................. ACORD 25(2016/03) Page I of 2 re)1988-2015 ACORD CORPORATION.All rights reserved. 2531740 The ACORD name and logo are registered marks of ACORD 07/2W2020 Sentry Spied Insurance Company 1 00001 0000000000 W204 0 N 1 SdICM612 cr,,24 4479 002 3308d,1856305 AGENCY CUSTOMER 9D: XXXX 458 ADDITIONAL ULE page � �r � AGENCY NAMED INSURER T's'm l.ol',&i Inp DBA AusUn'T'wa&Trnlor POLICY NUMBER 2531140004 CARRIER _w MAIC CODE aew q Select Inswance Company EFFECTIVE,DATE;O3/W2020 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: AGORD 25 FORM TITLE: C;erhkate of bablity Insurance General Liability Excess/Umbrella Liability follows farm over the General Liability and Automobile Liability policies. ACOAD 101 (2008101) C)2006 ACORD CORPORATION. All rights reserved. 2531740 The ACORD name and logo are registered marks of ACORD 07/2212020 Sentry Soled Insurance Corrvpany POLICY NUMBER: 2531740004 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: The City of Round Rock and its officers employees and selected officials as their interest may appear Information required to complete this Schedule, if not shown above, will be shown in the Declarations- The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV-Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or darnage arising Out Of Your ongoing operations or "your work" done Linder a contract with that person or organization and included in the .'products-completed operations hazard".This waiver applies only to the person or organization shown in the Schedule above, Change effective 07122/2020 CG 24 04 05 09 0 Insurance Services Office, Inc,,2008 Page 1 of 1 2531740 Sentry SOect Insurinco('xo,­�ny 07/22/2020 X"Y""WOOM 20N3 k POLICY NUMBER: 2531740004 COMMERCIAL GENERAL LIABILITY CG 20100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s)Of Covered Operations The City of Round Rock and its officers employees All locations and Description: selected officials as their interest may appear Service work performed ---------- lInformation required to complete this Schedule, if not shown above, will be shown in the Declarations. ----............ ........................................ ............................I......................... A. Section 11 - Who Is An Insured is amended to R. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", This insurance does not apply to "bodily injury" or "properly damage' or "personal and advertising "property clarnage"occurring after: injury" caused, in whole or in part, by: 1. All work, including materials, parts or 1. Your acts or omissions: or • equipment furnished in connection with such 2. The acts or omissions of those acting on Your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of Your ongoing operations for an behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above, completed; or However: 2. That portion of "your work" out of which the injury or damage arises has been put to its ll. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted by other than another contractor or law; and subcontractor engaged in performing 2, If coverage provided to the additional insured operations for a principal as a part of the same is required by a contract or agreement, the project. insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for Such additional insured. Change effective 07/22/2020 CG 20 10 04 1 C Insurance Services Office, Inc.,2012 Page 1 of 2 531710 1710 07/22/2020 -�n e I ,, ry&,,,lect C. With respect to the insurance afforded to these 2. Available under the applicable Limits of additional insureds, the following is added to Insurance shown in the Declarations; Section III- Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most we applicable Limits of Insurance shown in the will pay on behalf of the additional insured is the Declarations, amount of insurance: 1. Required by the contract or agreement; or Change effective 07/22/2020 Page 2 of 2 (0 Insurance Services Office, Inc,, 2012 CG 20 10 04 13 2531740 ry r 07122/2020 S,enj POLICY NUMBER: 2531740005 COMMERCIAL AUTO CA 204 101 THIS ENDORSEMENT EST POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s)or organization(s) who are "insureds"for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form, This endorsement does riot alter coverage provided in the Coverage Form, This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Tom Loftus Inc DBA Austin Turf& Tractor Endorsement Effective Date: 07/22/2020 SCHEDULE Name Of Person(s) Or Organi ation(s); The City of Round Rock and its officers employees and selected officials as their interest may appear � ..Information reqcomplete to c lete this Schedule, if not shown above, will be shown in the Declarations.r _ ....................... .......... Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured"under the Who Is An Insured provision contained in Paragraph A.1. of Section 11 - Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I - Covered Autos Coverages of the Auto Dealers Coverage Form, Change effective 07/22/2020 CA 20 48 10 13 6D Insurance Services Office, Inc., 2011 Page I of 1 2531740 0712,212020 Sentry Seled ln,,,-.wramx POLICY NUMBER. 2531740005 COMMERCIAL AUTO CA 04 44 10 13 THIS ENDORSEMENT ESTE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement, 'This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below, Marned Insured. Torn Loftus Inc DBA Austin Turf& Tractor Endorsement Effective Date: 07/22/2020 ............ SCHEDULE Name(s)Of Person(s)Or Organ ization(s): The City of Round Rock and its officers employees and selected officials as their interest may appear Information required tis COMplete this Schedule, if not shown above, will be shown in the Declarations, The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule., but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. Change effective 07/22/2020 CA 04 44 10 13 0 Insurance Services Office, Inc.,2011 Page 1 of 1 2531740 07122/2020 Sentry Sefect Pal w-w OW)07 202c, 0 '1 kkOft 5d25 144�,tx),„