Contract - Tom Loftus dba Austin Turf and Tractor - 9/24/2020 CITY OF ROUND ROCK AGREEMENT FOR.
JOHN DEERE AGRICULTURAL EQUIPMENT
PARTS AND REPAIR SERVICES
WITH
TOM LOFTUS INC.
(DBA AUSTIN TURF AND TRACTOR)
THE STATE OF TEXAS §
CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
COUNTY OF TRAVIS §
THAT THIS AGREEMENT for the purchase of John Deere agricultural equipment parts
and repair services, and for related good and services (referred to herein as the "Agreement"), is
made and entered into on this the ��:14
V 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 TOM LOFTUS 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 all 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; and
WHEREAS, the parties desire to enter into this Agreement to set forth ill writing their
respective rights, duties, and obligations;
NOW, TFIEREFORE, WITNESSETI-1:
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:
1.0.1. 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. The
00452023/ss2
t-2-020-02�,Wy; 1
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 IFB; (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 IFB;
(3) City's Invitation for Bids, exhibits, and attachments.
B. City means the City Of Round Rock, Williamson and Travis Counties, Texas.
C. Effective Date means the date upon which the binding signatures of both parties
to this Agreement are affixed.
D. Force Majeure means acts of God, strikes, lockouts, or other industrial
disturbances, acts of the public enemy, orders of any kind from the government of the United
States or the State of Texas or any civil or military authority, insurrections, riots, epidemics,
landslides, lightning, earthquakes, fires, hurricanes, storms, floods, restraint of the government
and the people, civil disturbances, explosions, or other causes not reasonably within the control
of the party claiming such inability.
E. Goods and services mean the specified services, supplies, materials,
commodities, or equipment.
F. Vendor means Tom Loftus Inc., 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 remain in full force and effect unless and until it expires by operation
of the term indicated herein, or is terminated or extended as provided herein.
B. The term of this Agreement shall be for 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 as Outlined in the Part IV, Scope ot' 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 Agreement listing the
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responsibilities of both parties as outlined in the Il 1I and as offered by Vendor in its Response to
the IFB.
The services which are the subject matter ofthis 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 ifrepeated herein in full.
4.01, ITEMS AWARDED; AND SCOPE OF WORK
Items Awarded. All bid items in Attachment A: Bid Sheet of Exhibit "A" are awarded to
Vendor.
Scope of 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 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 services described under the attached exhibits
within the contract term specified in Section 2.01. Vendor's undertakings shall be limited to
performing services for 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 services to be perfortned by Vendor, City agrees to pay
Vendor the amounts 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 Sixty-One Thousand One Hundred Seventy-Five and No/100 Dollars
($161,175.00) 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
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D. Delivery or performance dates.
7.01 INTERLOCAL COOPERATIVE CONTRACTING /PURCHASING
Authority for local governments to contract with one another to perform certain
governmental functions and services, including but not limited to purchasing functions, is
granted under Government Code, "fitle 7, Chapter 791, Interlocal Cooperation Contracts,
Subchapter B and Subchapter C, and Local Government Code, Title 8, Chapter 271, Subchapter
F, Section 27 1.101 and Section 271.102.
Other governmental entities within the State of Texas may be extended the opportunity to
purchase off of the City's bid, with the consent and agreement of the successful vendor(s) and
the City. Such agreement shall be conclusively inferred for the Vendor from lack of exception to
this clause in the vendor's response. Ilowever, all parties hereby expressly agree that the City is
not an agent of; partner to, or representative of those outside agencies or entities and that the City
is not obligated or liable for any action or debts that may arise out of such independently-
negotiated "piggyback" procurements.
8.01 NON-APPROPRIATION AND FISCAL FUNDING
This Agreement is a commitment of City's current revenues only. It is understood and
agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year
if the governing body of City does not appropriate funds sufficient to purchase the services as
determined by City's budget for the fiscal year in question. City may 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., Texas Government Code, payment to
Vendor will be made within thirty (30) days of the day on which City receives the performance,
supplies, materials, equipment, and/or deliverables, or within thirty (30) days of the day on
which the performance of services was complete, or within thirty (30) days of the day on which
City receives a correct invoice for the performance and/or deliverables or services, whichever is
later. Vendor may charge interest on an overdue payment at the "rate in effect" on September I
of the fiscal year in which the payment becomes overdue, in accordance with V.1"'.C.A., Texas
Government Code, Section 2251.025(b); however, this Policy does not apply to payments made
by City in the event:
A. There is a bona fide dispute between City and Vendor, a contractor, subcontractor
or supplier about the goods delivered or the service performed that cause the
payment to be late; or
13. The terms of a federal contract, grant, regulation, or statute prevent City from
making a timely payment with federal funds; or
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C. "Fliere 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.
40.01 GRATUITIESAdv[ 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 'fitle 8 of the Teras Penal Code.
L1.01 YAXES
City is exempt from Federal Excise and State Sales 'rax,- there6ore, to shall not be
included in Vendor's charges.
12.01 ORDERS PLACED WITHALTERNATE 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 ofNo. 20-016 and on the
City's website at:
14.01 CITY'S REPRESENTATIVES
City hereby designates the following representatives authorized to act in its behalf with
regard to this Agreement:
C.had McDowell
Director of General Services
212 Commerce Cove
Round Rock, 'I"exas 78664
512-341-3191
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15.01, RIGHTTO 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.orm. 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 any of the following:
A. Fails to make any payment in full when due;
13. Fails to fully, timely and faith-fully perforrn any of its material obligations
under this Agreement;
C Fails to provide adequate assurance ot' performance under the "Right to
Assurance" section herein; or
D. Becomes insolvent or seeks relief under the bankruptcy laws of the United
States.
17.01 TERMINATION AND SUSPENSION
A. City has the right to terminate this Agreement, in whole or in part, for-
convenience and without cause, at any time upon thirty (30) days' written notice to Vendor.
B. In the event of any default by Vendor, City has the right to terrninate this
Agreement for cause, upon ten (10) days' written notice to Vendor.
C. Vendor has the right to terminate this Agreement only for cause, that being in the
event of a material and substantial breach by City, or by mutual agreement to terminate
evidenced in writing by and between the parties.
D. In the event City terminates under subsections (A) or (B) of this section, the
following shall apply: Upon City's delivery of the referenced notice to Vendor, Vendor shall
discontinue all services in connection with the performance of this Agreement and shall. proceed
to cancel promptly all. existing orders and contracts insofar as such orders and contracts are
chargeable to this Agreement. Within thirty (30) days after such notice of termination, Vendor
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shall submit a statement showing in detail the goods and/or services satisfactorily performed
under this Agreement to the date of termination. City shall then pay Vendor that portion of the
charges, if undisputed. The parties agree that Vendor is not entitled to compensation for services
it would have performed under the remaining term of the Agreement except as provided herein.
18.01 INDEMNIFICATION
Vendor shall defend (at the option of City), indemnify, and hold City, its successors,
assigns, officers, employees and elected officials harmless fi-om and against all suits, actions,
legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and any and all
other costs or fees arising out of, or incident to, concerning or resulting from the fault of Vendor,
or Vendor's agents, employees or subcontractors, in the performance of Vendor's obligations
under this Agreement, no matter how, or to whom, such loss may occur, Nothing herein shall be
deemed to limit the rights of City or Vendor (including, but not limited to the right to seek
contribution) against any third party who may be liable for an indemnified claim.
19.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES
A. Vendor, its agents, employees and Subcontractors shall use best efforts to comply
with all applicable federal and state laws, the Charter and Ordinances of the City of Round Rock,
as amended, and with all applicable rules and regulations promulgated by local, state and
national boards, bureaus and agencies.
B. 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
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 Agreement;
or
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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:
TOM LOftLIS Inc.
809 Steve flawkins Parkway
Marble Falls, TX 78654
Notice to City:
Laurie Hadley, City Manager Stephan I.... Sheets, City Attorney
221 East Main Street AND TO : 309 East Main Street
Round Rock, TX 78664 Round Rock, TX 78664
Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of City and Vendor.
22.01 APPLICABLE LAW; ENFORCEMENT AND VENUE
This Agreement shall be enforceable in Round Rock, 1"exas, and if legal action is
necessary by either patty with respect to the enforcement of any or all of the terms or conditions
herein, exclusive venue for same shall lie in Williamson County, 'Yexas, 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
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
USC Section 1-14) or any applicable state arbitration statute.
25.01 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion or provision of this Agreement void shall in no
way affect the validity or enforceability of"any other portion or provision of this Agreement. Any
void provision shall be deemed severed from this Agreement, and the balance of`this Agreement
shall be construed and enforced as if this Agreement did not contain the particular portion or
provision held to be void. The parties further agree to amend this Agreement to replace any
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stricken provision with a valid provision that COMeS as close as possible to the intent of the
stricken provision. The provisions of this section shall not prevent this entire Agreement from
being void should a provision which is of the essence of this Agreement be determined void.
26.01 MISCELLANEOUS PROVISIONS
Standard of Care. Vendor represents that it employs trained, experienced and
competent persons to perform all of tile services, responsibilities and duties specified herein and
that such services, responsibilities and duties shall be performed in a manner according to
generally accepted industry practices.
Time is of the Essence. Vendor understands and agrees that time is of the essence and
that any failure of Vendor to fulfill obligations for each portion of this Agreement within the
agreed timeframes will constitute a material breach of this Agreement. Vendor shall be fully
responsible for its delays or ibr 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 perfon-ning any of its obligations hereunder by reasons for which it is not
responsible as defined herein. However, notice of"such. impediment or delay in perfornlance 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 [lie following page.]
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IN WITNESS WHEREOF, City and Vender have executed this Agreement on the dates
indicated.
City of Round Rock, Texas Tom Loftus Inc.
By: By:
Printed Marne: Printed Name: i Wp"�.
Title: Title: a; �k "T
:Date Signed: � �� ,�� Date Signed: t�
Attest:
By
For City, A
"ed as to F rm:
By:
Stepha ,. Sheets, City Attorney
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Exhibit d"A"a
TEXASI ROUND ROCK
PTCH�A�S,ING DIVISION
City of Round Rock, Texas
Purchasing Division
221 East Main Street
Round Rock, Texas 78664-5299
INVITATION FOR BI (IFB)
JOHN DEERE AGRICULTURAL EQUIPMENT REPAIR
SERVICESPARTS AND
SOLICITATION NUMBER 0-010
Y 2020
City of Round Rock Exhibit "A"
John Deere Agricultural Equipment Repair Parts and Services
IFB 20-010
Glass/Item: 022-49 f 929-31
MAY 2020
JOHN DEERE AGRICULTURAL EQUIPMENT REPAIR PARTS AND REPAIR SERVICES
PART I
GENERAL REQUIREMENTS
1. PURPOSE: The City of Round Reck, 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.
. SOLICITATION PACKET: This solicitation packet is comprised of the following:
Description Index
Part I --General Requirements Page(s) 1-5
Part II — Definitions, Standard Terms and Conditions Page 6
and Insurance Requirements
Part III — Supplemental Terms and Conditions Page(s) 7-9
Part IV—Specifications Page(s) 10-11
Attachment A— Bid Sheet Page 12
Attachment B — Reference Sheet 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: acrow,el� µro6l(tex ts..rµ�
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.
._.__..__.._...._...._.w._.__._..._. .__._._...._.. .._......__ ____ __..._...___._._.._....._...____._._._____
EVENT DATE
Solicitation released May 21, 2020
Deadline for submission of questions June 4, 2020 @ 5:00 PM, CST
City responses to questions or addendurns Approximately June 8, 2020
Deadline for submission of responses June 16, 2020 3:00 PM, CST
Page 2 of 13
��'����� `��/
City of Round Rock Exhibit U=~ , .
John Deere Agricultural Equipment Repair Parts and Services
|FB2O-01O
C|oss/Wem: O22-4Q/82S-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 vxebpageinthe form [f anaddendumat:
Queationeehe|| besubnnittedinwritingtothe ^AuthorizedPurohagin0Conta{d" The City reserves the right to
modify these dates. Notice ofdate change will be posted tmthe City's website:
5. SOLICITATION UPDATES: Respondents shall be responsible for monitoring the City's website at
for any updates pertaining h]the solicitation described herein. Various
updates rnay include addendurns, cancellations, notifications, and any other pertinent information necessary
for the submission ufmcorrect and accurate response. The City will not beheld responsible for any further
communication beyond updating the website.
6. RESPONSE DUE DATE: Signed and sealed responses are due atorbefore 3:OOPM, onthe due date noted
|nPART |. Section 4—Schedule ofEvents, Mail orhand deliver sealed responses to:
City nfRound Rock
Attn: Amanda Crowell
Purchasing Department
221 E. Main Street
Round Rock, Texas 78664-6299
A, Sealed responses shall be clearly marked on the outside ofpackaging with the solicitation title, number.
due date and "DO NOT OPEN"
B. Facsimile nrelectronically transmitted responses are not acceptable.
C, Responses cannot be altered oramended after opening.
D. No response can be withdrawn after opening without written approval frorn 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 bereturned unopened, ifureturn address is provided.
7. The City ofRound Rock makes nowarranty that this checklist isafull
comprehensive listing ofevery requirement specified inthe solicitation, This list is only atool hrassist
participating Respondents in compiling their final responses, Respondents are to carefully read the entire
solicitation.
Respondent shall submit one (1) evident signed "Dhgina|^ and one identical electronic copy ofthe |FB
response Dneflash drive. The submittal isrequired toinclude all 8ddendumsand requested attachments.
The bid response along with samples and/or copies shall be provided at the Respondent's expense and shall
become the property ofthe 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 |FB; all
costs associated with responding to this |FBvvi|| be solely at the interested parties' expense. Not responding
to this |FB does not preclude participation in any hutunaRFp/RFQ/|FB.
proposal.For your bid to be responsive,addendums and the attachments identified below shall be submitted,
with your
��'�'��� `�\ '
City of Round Rock "_, .U=` , .
John Deere Agricultural Equipment Repair Parts and Services
|FB2O-01O
CbaSs/|tem: O22-49/829-31
MAY 2O2D
o Addendurns: Addendumomay beposted tothis solicitation. Bidders are required tosubmit signed
addendurns with their sealed response. The Bidder shall be responsible for monitoring the City's website
at for,any updates pertaining tothe solicitation.
o
Attachment A: BID SHEET. The bid response shall besubmitted nnitemized, signed Bid Sheet provided
inthe solicitation packet. Failure to complete and sign the bid sheet will result in disqualification. If thereig
gconflict between the unit price and extended prima, 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.
o AttacbmnentB: REFERENCE SHEET. Provide the name, address, telephone number and E-MAIL ofat
least three (3)valid Municipal, Government agencies, Drfirms Cf 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 rejectany orall responses, orbJ
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 VfRespondent and ofRespondent's goods and services;
C, Quality ofthe Respondent's goods and services;
D. The extent towhich 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;
B. Any relevant criteria specifically listed inthe 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 becontacted for clarification ofbid and/or todiscuss details ofthe services they are
proposing.
9. CONFIDENTIALITY OF CONTENT: As stated in Section 16 of City of Round Rock Purchasing De5nitions,
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 orspecific parts ofthe response can beshown tobe 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 ogsuch.
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 tothe Attorney General ofTexas for final determination.
10, SUSPENSION OR DEBARMENT CERTIFICATION: The provisions ofthe Code ofFederal 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 ofRound Rock.
Page 4mfl3
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City of Round Rock ^_°.U=|. , .
John Deere Agricultural Equipment Repair Parts and Services
|FB2O-01O
C|aGs/|tem: O22-48/B28-31
MAY 2020
11. Section 2252.8O8ofthe Texas Government Code requires the
successful offeror to complete a Form 1295 "Certificate of Interested Parties" that is signed fora contract
avvanj 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 mfthe
Business Entity with acknowledgment that disclosure is made under oath and under penalty of perjury prior to
final contract execution. Link bzTexas Ethics Commission VVebpoge:
Page 5o[}3
City of Round Rock Exhibit "A"
John Deere Agricultural Equipment Repair Parts and Services
IFB 20-010
Class/Item: 02249/ 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:
irlg
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: �t-1 _yL
.11 /www foundrm.ktexas:g9 c!jgp! s� Lj�d,� in I
g[)L P 2�i, g_
Page 6 of 13
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{�Uv of Round Rock ~_". U=.. , .
John Deere Agricultural Equipment Repair Parts and Services
|FB2O'D1O
Class/Item: 02248/ S28-31
MAY 2020
PART III
SUPPLEMENTAL TERMS AND CONDITIONS
1. AGREEMENT TERK The terms of the awarded agreei,nent 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 ofthe contract term, the Contractor agrees tohold over under the terms and conditions nf
this agreement for such a period as is reasonably necessary to re-solicit and/or complete the projectupho
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, tnrporations, individuals orpartnerships 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 tothe 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 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, nrmaterials lost ordamaged during the performance ofthe services
specified herein;
Q� Bedomiciled inorhave ahome office inside the United States. Respondents domiciled outside the
United States, ornot having a home office inside the United States will not be included for consideration
iothis procurement pnocess�
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. : Respondent shall not subcontract orotherwise engage subcontractors b} perform
required services, The City seeks todobusiness directly with a company experienced inJohn Deere
agricultural equipment repair parts and repair services.
4. : The City reserves the right toremove any employee from City property for violation offederal,
state. and |oog| hea|th, safety and environmental |avvs, ordinanomo, rules and regulations, The Respondent
shall:
A� Ensure that all employees comply with all (]ooupadmna| Gafah/ and Health Administration (OSHA). State
and City safety and occupational health standards and other applicable federal, state, and local health,
sm#sty, 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
ordamage to any persons orproperty within and around the work site. |ncase ofconflict, the most
stringent safety requirement shall govern',
C� Indemnify and hold the City harmless from and against all claims, d8mandg, suits, actioms,judgments,
fines penalties and liability ofevery kind arising from the breach ofthe successful Respondents'
obligations under this paragraph,
Page 7of13
City ofRound Rock Exhibit ^A '
John Deere Agricultural Equipment Repair Parts and Services
|FB2O-01O
C|ass8tem: O22-4g/ 829-31
MAY 2020
5. : 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 asthe 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 tVverify citizenship orright b)work inthe United States.
6. : 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, derourra0e, fuel surcharges, delivery ch@rgeS, 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. Aprice increase to the
agreement may beconsidered on the anniversary date of the Contract each year and shall b8equal tothe
consumer price index for that year, but at no time can the increase be greater than 10%for any single line
item,
X Consumer Price Index (CP|): Price adjustments will bemade inaccordance with the percentage
change in the U.S. Department ofLabor Consumer Price |ndex(CP|-U) for all Urban Consumers. The
price adjustment rate will be determined bvcomparing 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 DR July through December six month average) thereafter. The percentage
difference between those two CPI issues will hethe price adjustment rate, No retroactive contract price
adjustments will beallowed. The Consumer Price Index (CP\)iGfound atthe Bureau ofLabor Statistics,
Consumer Price Index*ebgite:
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 tothe annual Contract anniversary date, The detailed written calculation will beverified and
confirmed. All written requests for increases must include the City ofRound 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
231 East Main Street
Round Rock,TX 79664-5299
ii. Upon receipt ofthe request, the City reserves the right toeither 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: TheCityneaan/eotherighttonaviewtheavvardednespondente' perfomnance at
any time during the contract term.
9. : 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 tospecification 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 8ofl3
City of Round Rock Exhibit 'A'
John Deere Agricultural Equipment Repair Parts and Services
iFB2O-01O
Qass/tem: O22-49/A28-31
MAY 2020
10. ORDER QUANTITY: The quantities shown on the solicitation are estimates only. No guarantee of any
minimum or maximum purchase is made or implied. The City will only order the services/goods needed to
satisfy requirements within budgetary constraints, which may be more or less than indicated.
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 Aminimum order quantity will not bepermitted.
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 tnpurchase the part onthe open market,
O. The successful Respondent shall provide, upon request, a month ly/q uarterly/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. : The City reserves the right to enter into an Agreement oro Purchase Order with a single ovvard,
split award, primary and secondary avvord, non-avvard, or use any combination that best serves the interest
and atthe sole discretion ofthe City, Respondents tOthe solicitation will benQbffiedwhen City staff
recommendation ofaward has been made. The award announcement will beposted tothe City's website at
once City Council has approved the
naoomnnendaUonofaward �ndth��Qne�menthas been executed.
12. POST AWARD MEETING: The City and successful Respondent(e) may have apost award meeting to
discuss, but not be limited tothe following:
A, The method hoprovide a smooth and orderly transition of services performed from the current contractor;
B, Provide City c0ntaCt(0) information for,implementation ofagreement,
C. Identify specific milestones, goals and strategies tmmeet objectives.
13. :
A. Contractor's point of conta#t� 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 toinclude contact information. The City's designated representative shall benotified bythe
Respondent immediately should the point ofcontact change.
B. The City's designated representative:
Marshall Reynolds
Fleet Operations Manager
General Services
Phone: (512) 218-5571
E-mail:
14. INTERLOCAL PURCHASING AGREEMENTS
A. The City has entered into Interlocal Agreements with other Governmental agencies pursuant to the
Interlocal Cooperation Act, Chapter 791 mfthe 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 @ninterlocal cooperative agreement
City of Round Rock Exhibit "A"
John Deere Agricultural Equipment Repair Parts and Services
I FB 20-010
Class/Item: 022-491929-31
MAY 2020
PART IV
SCOPE OF WORK
1. INTRODUCTION:
7 h 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 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 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.
Page 10 of 13
�vf���n�� '�\ `
CdvofRound Rock �~~.U=|~ , .
John Deere Agricultural Equipment Repair Parts and Services
[FB2O-01Q
C|ass/|tem: O22-4g/ 82B-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 ofweather conditions.
ii. Shall be within 75 miles of City of Round Rock fleet facilities which are located at
City of Round Rock Vehicle Maintenance
9O1Luther Peterson Place
Round Rock, Texas 786@4
F. SERVICE REQUIREMENTS:
i The City may require the Contractor to pick up equipment or the Qty 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 avvhtten eadrnabe to the City's
designated representative within 24business hours. Repair work shall not commence until the
Contractor has received aCity-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 Damages: During the course ofrepair ifadditional damages are found that were riot
included inthe 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: |nall cases, repairs shall only becompensated tothe extent specified |nthe 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
aaapplicable Vfeach vehicle, onitemized list ordescription ofwork tobe 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 ofservice time due torepairs iGofgreat concern tothe City. The
Contractor shall agree to give priority to repair ofthe 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 becommunicated with the City's
point ofcontact oneweekly basis.
V. Invoicing: All invoices must clearly indicate the City's assigned purchase order number, Vehicle
Identification Number(V|N) orSerial Number as applicable, date ofrepair, 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 beheld responsible for damage tothe City's equipment and/or
property, the workplace and its contents byits work, negligence inwork, 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 tmensure warranty C|ainnG
are made within acceptable time frames.
Page llofl3
City of Round Rock Exhibit "A"
John Deere Agricultural Equipment Repair Parts and Services
I FB 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 20-016 John Deere Agricultural
Equipment Repair Parts and Repair Services in an Excel format on the City of Round Rock website at:
u'oundrocktexaS,jjQy/dp.E r�
iE iy� gi!u6tafioins/
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 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: http§,//rmjn drock,muniss0serviice con nNendors/defi, uit,agpA..
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 Agricultural Equipment Repair Parts and Services
IFB#20-016
The Respondent represents by their signature below 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.20-016 John Deere Agricultural 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 Agricultural Equipment Repair Parts and Services.All rices must be quoted in,
each section in order to be considered rasonsive,A vakie of"0"will be interpreted as rio-cost to the City. Be advised that exceptions taken to any portion of the
solicitation or any unauthorized changes to the cost proposal sheet will je0PArdi7(-acceptance of your offer.The City reserves the right,to purchase more or less than
the quantities indicated below.
Section 1:John Deere Repair Parts for Agri ultural Equipment
No. Part Number Description Estimated Unit Unit Cost Extended Total
Q .anti# .
1 M83541 BUSHING 15 Each $3.41 $51.115
2 14M7400 NUT,LOCK 15 Each $1.27 $19.05
3 14M7401 NUT;STEERING LOCK SCREW 15 Each $1.61 $24.15
..............
4 19M7793 SCREW CAP 15 Each $3.16 $47 40
5 19M8093 SCREW 15 E $3.78 $56.70
6 19M8598 WASHER 15 Each $6.52 $97.80
7 24M7178 FENDER 03 GATOA�2
R L(;LAF�,, 15 Each $1,03 $15.45
8 M113113 —FRONT HLUB_jQ3GATOEE26G)_ ___ 15 Each $199.32 $2,989.80
9 _M113879 --BUSHING;JD GATOR ABSORBER 15 Each $195 $59.25
10___ 14M7401 NUT;STEERING LOCK 15 Each $1.61 $24.15
11 M142426__jSINGPk;j2MM 15 Each $40,30 $604.50
12 JDG1641 TOOL�REMOVAL CLUTCH 15 Each $22.99 $344.85
13 M142525 BOLT;STEERING BUSHING 15 Each $719 $116,85
14 AMI 17584 FILTER;FUEL(L6_2C2V 15 Each $16,57 $248.55
15 LG270 MAINTENANCE 1<1108UV825lvl 5j) _ 15 Each $62,80 $942.00
16 W53874 JOHN DEERE BLADE;JD709 MOWER(t�EW STYLE}_.__ 15 Each $47.52 $712,80
17 VG1 1667 SPINDLE 15 Each $104.85 $1,572.75
18 M149676 SPLASH GUARD 15 Each $8.87 $13105
19 W AM148431 PEDAL KIT 15 Each $144.94 $2,17410
Annual Total for Section Ll $10,234,35
Section ll: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 W 200 Hour— $110.00 $22,000.00
Annual Total for Sections I&111 $32,234.35
Section Ill, Percent Discount for items in catalog but not previously listed
This section will not be evaluated under cost but will become part of the contract,
Percent Discount N off MSRP Catalog for John Deere OEM parts 0"!a
The City of Round Rock reserves the right to order other products from the attached MSRP Catalog
:OMPANY NAME: Tom Loftus Inc.DBA Austin Turf&Tractor
yIGNATURE OF AUTHORIZED REPRESENTATIVE:
IRINTED NAME: Ben Rutland
'HONE NUMBER: 830-693-6477
:MAIL ADDRESS:
City of Round Rock
John Deere Agricultural Equipment Repair Parts and Services
IFI3 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: 010,o' '16
RESPONDENT'S NAME: KPA DATE:
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 confirrned or if any negative responses are received it may result in the disqualification of
submittal.
1. Company's Name 4et Ole
Name of Contact
Title of Contact Mjpr4cf
E-Mail Address
Present Address
City, State, Zip Codet..
Telephone Number �(C3 Ll 'e, I ri 9 Fax Number: (51 c)- 01 Li 7
2. Company's Name
Name of Contact
Title of Contact
OfA t"'(*
E-Mail Address IA4 4 vet_ei et e x
Present Address tD
City, State, Zip Code "OIL
Telephone Number Fax Number: (
1 Company's Name
Name of Contact
Title of Contact
E-Mail Address
Present Address
City, State, Zip Code
mber: (YAe; )
Telephone Number Fax Nu
FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY
AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD,
Page 13 of'13
R'aOIJ�NDq ROCK TEXAS
ADDENDUM
CITY OF ROUND ROCK,TEXAS
Solicitation: 20-016 Addendum No: 1 Date of Addendum: 6/16/2020
This addendLIM is to incorporate the following changes to the above referenced solicitation;
1. Extension: The proposal due date is hereby extended until Wednesday, 6/24/2020 at 3:OOPM,
it. ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME.
APPROVED BY: 6116/2020
Amanda 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 Ut�rr i zed-Si g-'n"—aT6—rh—. 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.
�
�NP
!ICK TEXAS
'unc' '' "WSPOR
ADDENDUM
CITY OF ROUND ROCK,TEXAS
Solicitation: 20-016 Addendum No: 2 Date of Addendum: 6/24/2020
This addendum is to incorporate the following changes to the above referenced solicitation:
L Extension: The proposal due date is hereby extended until Wednesday, July 1, 2020 at 3:OOPM.
11, ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME.
APPROVED BY: 6/24/2020
Amanda 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 Autl zed ed Sign-alure— 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.
AUStI'%fl
TuRF & TRACTOR Sol#20-010
June 29, 2020
To: City of Round Rock
From: Ben Rutland
Re: Solicitation number 20-010
To whom it may concern:
Tom Loftus hic. DBA Austin Turf& Tractor is an Authorized John Deere Dealer. Being
a John Deere Dealer allows us to sale and support Golf Equipment, Tractors I-Series thru
5-Series, Commercial & Residential mowers, Utility vehicles as well as, Commercial
Construction Equipment.
Thank you,
Ben Rutland
North Texas Operations MGR
Marble Falls Dallas New Mexico Fort Worth
DATE(MM/DD/YYYY)
AC"R" 0�
_0
CERTIFICATE OF LIABILITY INSURANCE 0 71=2212020
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 Vis) must have ADDITIONAL INSURED ions or be
endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions o t e policy,certain policies may require an endorsement. A
statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
_nAME. Sentry Custorner Service
Sentry Insurance PHONE FAX
1800 Nods PoiM Drive (A/C.No.Ext): 800-473-6879 (A/C
/C.Not: 800-514�7191
Stevens Point,WI 54481 EMAIL
ADDRESS: business,pro(:ILjctsdir(,,ct@sefitry.cent
INSURER(S)AFFORDING COVERAGE NAIC#
INSURER A:Sentry Solec¢Insurance Company 21180
INSURED INSURER B:
T sin Loftus Inc DBA Austin I urt&I ra,,to( INSURER C
809 Steve t lawkwis Pkwy
Marble Falls,TX 7865x4-6367 INSURER D:
INSURER E
INSURER
COVERAGES CERTIFICATE NUMBER: 1922772 REVISION NUMBER:
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.
INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS
LTR ANPOLICY NUMBER Nsn WVD D/yyyy MM/DD/yyyy
( )
X COMMERCIAI-GENERALLIAB1111Y EACH OCCURRENCE $500,000
DAMAGE TO RENTED
CLAIMS-MADE L F -1 -�Cljht REVISE (F,occurrence
$500,000
0( PREMISES
_� rrence�
A X x 253174000403/10/207.0 03/10/2021 MED EXP(Any one person) $5,000
PERSONAL&ADV INJURY $500,000
GEN't-AGGREGATE LIMIT APPI li-E',PP-R. GENERAL AGGREGATE $1,500,000
X Pol ICY [:]PRO- PRODUCTS-COMP/OP AGO $ 1,500,000
OTHER $
AUTOMOBILE LIABILITY
Ea accident SINGLE LIMIT $5
()0,00()
X ANY AUTO BODILY INJURY(Per person) $
A OWNED SCl-fl-DL[L[,.D
AU TOG ONLY AUTOS x x 2531740005013/10/2020 03/10/2021 BODILY INJURY(Per accident) $
HIRED NON OWNED PROPERTY DAMAGE $
AUTOS ONLY AUTOS 0M Y Per accident)
X UMBRELLA LAB X OCCUR EACH OCCURRENCE $5,000,000
A X EXCESS LAB Cl AIMS MADE. 2531740006 03/10/2020 03/10/2021 AGGREGATE $15,000,00()
...........
DED FIE T Ell TION$ PRODUCTS-COMP/OP AGG $ 15,000,000
—----------
WORKERS COMPENSATION �PTE R QTH-
AND EMPLOYERS'LIABILITY Y/N ATUTE ER
ANY
OFFICER/MEMBER EPROPRIETOR/PARTXCLNEII/)FDEX�,..(,'�,I VF[:] N/A E.L.EACH ACCIDENT $
UT7
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $
It as,describe under E.L.DISEASE-POLICY LIMIT $
D SCRIPTION OF OF ERAI IONS[.,(.)low
DESCRIPTION OF OPERATIONS/LOCATIONS VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
Refer to attached
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CERTIFICATE HOLDER CANCELLATION
The City of Round Rock and IIs officers onlployeos And SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
selected officials as their interost may appfo( THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
221 E Main St ACCORDANCE WITH THE POLICY PROVISIONS.
Round Rock,I-X 786645271
AUTHORIZED REPRESENTATIVE
.....................
ACORD 25(2016/03) Page 1 of 2 @ 1988-2015 ACORD CORPORATION.All rights reserved.
2531740 The ACORD name and logo are registered marks of ACORD 07/22/2020
Sentry Select Insurance Company
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AGENCY CUSTOMER ID: XXXXXX1458
ACC)R" LOC#: Page 2 of 2
ADDITIONAL REMARKS SCHEDULE
AGENCY NAMED INSURED
Toe James Torn Loftus Inc DBA Austin Turf&Tractor
POLICY NUMBER
2531740004
CARRIER NAIC CODE
Sentry Select Im.wranco company 21180 EFFECTIVE DATE: 03/10/2020
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER: ACORID 25 FORM TITLE: Certificate of Liability Insurance
General Liability
Excess/Umbrella Liability follows form over the General Liability and Automobile Liability policies.
ACORD 101 (2008/01) 0 2008 ACORD CORPORATION. All rights reserved.
2531740 The ACORD name and logo are registered marks of ACORD 07/22/2020
Sentry Select Insurance Company
POLICY NUMBER: 253174004 COMMERCIAL GENERAL LIABILITY
CG 24040509
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 |V' 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
damage arising out of your ongoing operations or
"your work" done under a contract with that person
o/ organization and included in the
"pnoducta-oomp|eiedoperations hazard" This waiver
applies only tm the person or organization shown in
the Schedule above.
..
Change effective 07/22/2020
CG 24040509 Q|nmurance Services Office, Inc., 2008 Page of
2531740 0712212020
SanhySelect Insurance Company
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POLICY NUMBER: 2531740004 COMMERCIAL GENERAL LIABILITY
CG 20100413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED ~ OWNERSn LESSEES OR
��«������������� � SCHEDULED �����/�� ���
���o� m ���� V ���� ��� u������ ������n� '��
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
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section >| - Who Is An Insured is amended to B. With respect iothe insurance afforded tothese
include as an additional insured the peroon(e) or additional inounedu, the following additional
organization(s) shown in the Sohedu|e, but only exclusions apply:
with respect to liability for "bodily injury", This insurance does not apply to "bodily injury" or
"property damage" or "personal and advertising "property damage" occurring after:
injury" caused, inwhole orinpart, by:
1. All work, including materia|s, parts or
1Your` ' equipment furnished in connection with such
2. The acts orumisoiona of those acting on your work, on the project (other than service,
behalf; maintenance mrrepairs) to be performed by or
inthe performance ofyour ongoing operations for on behalf of the additional insured(s) at the
location of the covered operations has been
the additional insured(s) at the location(s)
designated above. completed; or
However: 2. That portion of "your work" out of which the
injury or damage arises has been put to its
1. The insurance afforded to such additional intended use by any person or organization
insured only applies tothe 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 m part ofthe same
is required by a contract or a0naemant, the project.
insurance afforded tosuch 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 20100413 ¢DInsurance Services Office, |nc.. 2O12 Page of
2531740 07122/2020
8ontrySe|oct Insurance Company
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C. With respect tothe insurance afforded to these 2. Available under the applicable Umho of
additional inaueda, the following is added to Insurance shown inthe Declarations;
Section III UnnitaOf|n�uron��'
- ' whichever imless.
U coverage provided to the additional insured is This endorsement ahed| not increase the
required byacontract oragreement, the most vve applicable Limits of Insurance shown in the
will pay on behalf nfthe additional insured in the Declarations.
amount ofinsurance:
1. Required bythe contract oragreement; or
Change effective 07/22/2O2O
Page 2of2 Insurance Services Office, |no.. 2O12 CG 20100413
2531740 0712212020
Sentry Select Insurance Company
POLICY NUMBER: 25374005 COMMERCIAL AUTO
CA2O4Q1O13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIG������U���� �K~����� INSURED ������
NATED uu������� n���
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 endoraement, the provisions of the Coverage Form apply un|geo
modified bythis endorsement.
This endorsement identifies peraon(o) 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 not alter coverage
provided inthe Coverage Form.
This endorsement changes the policy effective on the inception data 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 Organization(s):
The City of Round Rock and its officers employees and
selected officials as their interest may appear
Information r��tred.to complete this Schedule, if not shown above, will be shown in the Declarations.
Each person ororganization shown inthe Schedule
is an "insured" for Covered Autos Liability Coverage,
but only to the extant that person or organization
qualifies asan "ineuned" under the Who |aAnInsured
provision contained in Paragraph A.1. of Section || -
Covered Autos Liability Coverage in the Business
Auto and Motor Carrier Coverage Forms and
Paragraph D.2. of Section U - Covered Autos
Coverages ofthe Auto Dealers Coverage Form.
Change effective 07/22/2020
CA 20481013 0Insurance Services Office, |nc.. 2O11 Page 1of1
2531740 07/22/2020
Sentry Select Insurance Cnmpa^y
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POLICY NUMBER: 2531740005 COMMERCIAL AUTO
CA 04 44 10 13
THIS ENDORSEMENT CHANGES THE 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.
................. ................................................. ...................... ...............------——-----------
Named Insured: Torn Loftus Inc DBA Austin Turf& Tractor
Endorsement Effective Date: 07/22/2020
SCHEDULE
....................... ............ -.
Name(s)Of Person(s) Or Organization(s):
The City of Round Rock and its officers employees and
selected officials as their interest may appear
-, I - - --------------- .................................................................... .............
Information required to 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 @ Insurance Services Office, Inc., 2011 Page 1 of 1
2531740 0712212020
Sentry Select Insurance Company
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