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R-2020-0323 - 11/12/2020RESOLUTION NO. R-2020-0323 WHEREAS, the City of Round Rock ("City") has duly advertised for bids to purchase pavement marking, curb painting services and other related products; and WHEREAS, DIJ Construction, Inc. has submitted the lowest responsible bid; and WHEREAS, the City Council wishes to accept the bid of DIJ Construction, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Purchase of Pavement Marking, Curb Painting and Related Products with DIJ Construction, Inc., a copy of said Agreement being attached hereto as Exhibit "A" and incorporated herein. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 5 51, Texas Government Code, as amended. RESOLVED this 12th day of November, 2020. CRAIGORG, Mayor City of found Kock, Texas ATTEST: Gtrg�/U. SARA L. WHITE, City Clerk 0112.20202, 00458814 ZSSJO€LSSb00 laqumK uorluj[m{os paleuifisap pig iqT uoT ITAUI (-B) *.Suimolloj oql sopniouT jua o;)jgV QLLL 'roums licis ol pa��2r�go Sla40%PA01cl SODIAIDS" Pur sooltaos pog!oods Xnq ol4 *b14%jsi S4!D Aq2lQqAk pule �4iD uooAqoq loviluoo IrBal Su�pu�q agi sueow #ua a;aigV av 6 SNOI,LIKI33Q TO't :snno,jo,�S*e a3l.'S'fe ATTr.njn sailed aqa ';PQspojA&ouj:)r Rga,ay air qi..iqmjo A:)uom!jjns pule ldio:)oj iql "uoijriop!suo:) zlq.ianlEA PLM POOS .10410 pur Ulolaq POUioluoo sas�cuo.rd igninui aLli jo uoijvjap!suoo ui ptm jqT lrqjLa 0 % *HIHSS3NIlAi '32][033H3HJL 'AtON `suoileSrlgo 4 puE "sagnp SlqS11 BAI�.oBCISa1 00 a 19 112 1 sut�i.►nc� Ul ciao;las 01 �uauiaai�dscyx o�ui J;))U;) 01 aiisap aq.1 4SVgXgHM q 6 PUB °�r� oqj ol onl'BA Isiq oql SOPIAoid JOPTAO.Id sommaS Aq pap!uuqns piq oqj pouolop suLl fqiD 4 9 1cPULSPOOS PIES JO uois,nasd ay} IOJion*SVgUg P!a pue °sianpald palEjal Jaq10 pore sa�inias Suiluted qjn:) "Bunliv jUalUQArd asey�and o.1 saitsop ���aA* # 0+ 4ez'oxv--y9'qSFIHffi *SrlvjLijgu ts *SINI9S9Hd 9SJH.L AS'1'IV MON}I •�ui uoiiJnxisuoa rIQ H.LIh1 S.Laf1Q02id Q9-.Ld'I3tI QNv !)NI.LNIdd g'21(Ila "DNINH vlfwww� JLN3K2lAVd .IU HSVIi:)2[Ild 2I0,3 INIalk-, 33U!)V ?I3021[ QAit102I AO A,LIJ 1181HX3 20-024 (b) Services Provider's Response to IFB; (c} contract award; and (d) any exhibi*ts,, addenda, and/orinconsistencies amendments thereto. Any or conflicts in the contract documents shall be resolved by giving preference in the following order: (l) This Agreement; (2) Services Provider's Response to IFB; (3) City's Invitation for Bids, exhibits, and attachments. CityI$1�v %WilliamsonTravis0BA means the Cu. of Round Rock, and Counties, Texas. C. Effective means the date upon which the binding signatures of both parties to this Agreement are affixed., E. Goods and services mean the specified services supplies, materials commodities, or equipment. F. Services Provider means DIJ Construction,, Inc., orany of its successors or 40 assigns. 2.01 EFFECTIVE DATE AND TERM This ^A%a19t.00A* Agreement shall be ertective on the date it has ueen signed by both parties hereto, and shall re ainin full force and effect unless and until it expires by operation of the term stated herein,, or until 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 itAtoSolicitation selected Services Provider to supply the services as outlined in IFB '0 Number 20-024; and Response to IFB submitted by Services Provider, all as specified in Exhibit "A." The intent of these documents is to t'ormulate an Agreement listing the responsibilities of both parties as outlined in the IFB and as offered by Services Provider in its Response to the IFB. 2 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 ree en A9repeatedt as if herein in full. 4.01 ITEMS AWARDED Only if, as, and when needed by City, the services set forth herein are awarded to DIJ Construction'. Inc. in accordance with bid items shown on Attachment A — BI'*d Sheet of Exhibit "A." as follows: s.ai COSTS A. Only if, as, and when needed by City, the bid costs listed on Attachment A —Bid Sheet of Exhibit '"A." which are specifically relevant to the referenced bid items, shall be the basis of any by collectedc affgesServices Provider. Services Provider specifically h 10lbacknowledges and agrees that Cityis not obligated to use any esti^&Mniated annual uantl*ty of �Foww services, and B. City is authorized to pay Services Provider for items listed in Exhibit "A." for the cost set forth in Exhibit "A)" an amount not -to -exceed Four Hundred Seven Thousand Two Hundred and No1100 Dollars ($407,200.00) per year for services for a total not -to -exceed amount of Two Million Thirty -Six Thousand and No/100 Dollars (52,036,000.04) for the term of this Agreement. b.01 INVOICES information: All invoices shall include., at a minimum,, the followingg A. Name and address of Services Provider; B. Purchase Order Number; itemsce Description and quantity of received; and MP 1WWW D. Delivery dates. R 000NTRACTING7*01 .109�N�Tlrv, L CAL C00PERATm'1,VE / PURCHA.SING Authority for local governments to contract with one another to nerfarm certain governmental functions and services, including but not limited to granted under Government Code, Title 7, Chapter 791, Interlocal Subchapter B and Subchapter C, and Local Government Code, Title 8, F. Section 27l - 101 and Section 271.102. 3 purchasing functions, is Cooperation Contracts, Chapter 2'71, Subchapter Other governmental entities within the State of Texas may be extended the opportunity to purchase off of the City of Round Rock's bid, with the consent and agreement of the successful vendor(s) and Round Rock. Such agreement shall be conclusively inferred for the -vendor fro lack of exception to this clause in the vendor's response. However, all parties hereby expressly agree that the City of Round Rock i*s not an agent of partner to, or representah"ve of those outside agencies or eiies andnt"t* that the City of Round Rock is not abligated 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 comr►zitment of City's current revenues only. It 'i's understood and agreed that Cl*ty shall have the right to terminate thl*s Agreement at the end of any City fiscal year ~W is if the governing body of City does not appropriate funds sutticient to purchase the services as IVdetermined by City's budget for the fiscal yearin question. City may affect such termination by giving Services Provl*der a written notice of termination at the end of its thenewcurrent -fiscal year. 9.01 PROM --PT PAYMENT POLICY A. There is a bona tide dispute between City and Services Provider, a contractor, subcontractor, or supplier about the goods delivered or the service performed that causes the payment to be late; or B. There is a bona fide dispute between Services Provider and a subcontractor or between a subcontractor and its - supplier about the goods delivered or the service performed thatcauses the payment to be late*9or C. The terms of a federal contract, making a timely payment with federal funds; or grant, regulation, or statute prevent City from 4% is Do The invoice not mailed to City in strict accordance with any instruction on the purchase order relating to the payment. 10.01 GRATUITIES AND BRIBES Citymay, by written notice to Services Provider,, cancel this Agreement without incurring any liability to Services Provider if it is determined by City that gratuities or bribes in the form Of entertai'nnient, gifts, or otherwise were offered or given by Services Provi'dcr or its agents or 4p;)9uiciqo Rl;umogtuS►s si 31lom.,,Io ;)do:Ds o ssolun Niom jo od/ki ouars QLIJ lOg Sploinimtpalaprsuo�q u;)q IOUftrw a It -,a 6 11 ql PUP 031MOS 041 JO jUQW0SljJ0ApPp-w2l 3141 Ul poli op!suoo oq jou llm j��t� ptm t'Auu jj f*lso3 4 ut oouoiojj!p aqj p;)SjL>qo aq AUw S0012B SlOPI1AOld S03MOS c-010 MOSa so3tAl2spa�}aads 0 41 aq} �utsec�omd AliD jo osnro u si ptm jopun2loq slinujap io suopimqt iap�nosd sa��n.ia$ JI 0 0 iLrlflvaTa•9i -lua ooi2v sFt���o uai��ipndai tioiEdcoi�ue up s8 amtte�inns 1pail sr0 * AR �aed SurpuBu►ap ac�j Juana fey; ur PUB caay1 43PEw pag}aads acun alqruoseaJ A aq1 ue41tnA, uan►S st aouemssu uauijm ou 119q1 Jaana aql ug lnuopod ol qua;ui aye jo a7uEmssr uau►im l03 fired jayao aye ol aprw aq Arw puecuap uayl rAiopun3l;)q uuoj.cad ol qua}ut s,kja¢d L 3acpo aqj uorlsanb al uosra.r sey `qvej pooh ui "juowo;).j2V siq; oa .red laqjia.JQAlU0 I 21.aAiVNf1SSv O.L ZH9IH IO'5T A&Vft *lug aaivv siyj ol presal �[n&31uc�aq sir u�'a� ol pazTloqlnr (S)QATjT.)jUQsaidaj guimollcLT oqj solrugisop Kqojo Alt� :lAI.LV.LN:lS32Id32I S61t,LIJ iQ'bI *-pZo�OZ JaqumN uoileliotloS Ujj patiounu aqijo z uonx)S 4il ijud ui powis su sluatuaiinbal JJUJQOW JjUqS 10PAOICI sa�in1as 4 5[JuVunsui To•£l *(s)lwjddns jo a�lnos iaqloue �uog awes utE�go ol uoildo 0au1# MOS Pup lqsll oql Samo. soi All:) pogl3ods sp S031 joutwo ioplAOld JI 1#9 0 0 S?IOQN21A 2[.LVNHH.L'IV H,LIM Qa3d'Id S2i3Q?IO i0'ZI -S02.TlRq3 s�.zapinoId S031AIQS UT popnl3uT Qq IOU 21x9l 09QjQ4I "AxvJLIvvjoi3 pIE�apa� so UE asT�x3oijldcuaxa si S4i D i��qs0 S3Xv.L TO'II 60POD [sued sRxaJL aq1jo g ai4�y ui pa;r;s sar}quad ol loo[qns oq AVW 1;)P!AO.Ij S031AX)s &U0111PPE UI oluawool2v s�u1jo 2OU-8 ojpod v 1 0 a�{l ol ;aadsai t{linn anijr;uasalda, poloolo jo .2;).�oidwa fvjoc)gjo AJIZ) XUB 01 SOATIVIUgsoldil Services Provider shall be declared in default of this Agreement if it does any of the following: in A$ Fails to make any pay ent full when due; B. Fails to fully, timely and faithfully perform any of its material obligations hereunder; C. Fails to provide adequate assurance of performance under the "Right to Assurance" section herein; or Do Becomes insolvent or seeks relief under the bankruptcy laws of the United States. 17.01 TERMINATION AND SUSPENSION 19 in A* Cityhas the right to te inate this Agreement, whole or in part, for convenience time upon thl*rty (at anyw') 10and thout cause30 das' written notice to Services .,w i Provider. B. In the event of any default by Services Provider, City has the right to terminate this Agreement for cause, upon ten (10) days' written notice to Services Provider. If C. Services Provider has the right to terminate this Agreement only for cause, in the -n event of material and substantial breach by City, or by written mutual agreement to terminate. 18.01 INDEMNIFICATION on 19A1 COMPLIANCE WIT1i LAWS, CHARTER AND ORDINANCES A. Services Provider, its agents, employees and subcontractors shall use best efforts to comply with all federal and state laws,, City's Charter and Ordinances, as amended, and with all applicable rules and regulations promulgated by local,, state and national boards, bureaus and agencies. 2Q.01 ASSIGNMENT AND DELEGATION The parties 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 AD transfer any interest in this Agreement without prior written authorization Of the other party, 21.Q1 NOTICES All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows: Is A. When delivered personally to recipient's address as stated in this Agreement; or B. Three (3} days after being deposited in the United States mail, with postage *4 Pre- t)-aid to the recipient's address as stated in this Agreement., Notice to Services Provider: DIJ Construction, Inc. P.O. Box 1609 2332 CR 252 1A -a -1 BeRram, TIC 78605 Notice to City: City Manager Stephen L. Sheets, City Attorney rl A A!%+ 221 East Main Street AND TO: 309 East Main Street Round Rock,, TX 7$664 Round Rock) TX 78b64 Nothing contained herein shall be construed to restrict the transmission of routine communications between representatives of City and Services Provider. 7 22.01 APPLICABLE LAW; ENFORCEMENT AND VENUE This Agreement shall be enforceable in Round Rock,, Texas!, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein. exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 23.01 EXCLUSIVE AGREEMENT This document, and all appended documents, constitutes the entire Agreement between It Services Provider and City. This Agreement may only be amended or supplemented by utual agree ent of the parties hereto in writi*ng, duly authorized by ach"on of the CiManager or Cityty Council. 24.01 DISPUTE RESOLUTION City and Services Provider hereby expressly agree that no claims or disputes between the parties arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration proceeding, including without limitation, proceeding anv under the Federal Wt Arbitration Act (9 USC Section 1-14) or any applicable state azbitration statute. 25.01 SEVERABILITY 26.01 MISCELLANEOUS PROVISIONS Standard of Care. Services Provider represents that it employs trained, experienced and 4 competentpersons to performall of the services, responsibilities and duties specified herein and that such services'. responsibilities and duties shall be performed in a manner according to generally acceptedindustry practices. Time is of the Essence. Services Provider understands and agrees that time is of the essence and that any failure of Services Provider to fulfill obligations for each portion of this Agreement within the agreed timefrarnes will constitute a material breach of this Agreement. Services Provider shall be fully responsible for its delays or for failures to use best efforts in 'N* accordance with the terms of this Agreement. Where damage is caused to City due to Services Provider's failure to perform in these circumstances, City may pursue any remedy available without waiver of any of City's additional legal rights or remedies. Force Majeure. Neither City nor Services Provider shall be deemed in violation of this a Agreement if it is prevented from performing anyof its oblia5ations 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. Provider IN WITNESS WHEREOF, City and Services have executed this Agreement on the dates indicated. City of Round Rock, Texas By: Printed Name: Title: Date Signed: For City, Attest*. Sara L. White, City Clerk For City, Approved as to Farm: By: - ------------- ------- ------- -- ------------------------------------------------------------ ----------------- Stephan L. Sheets, City Attorney IJ Construction, Inc. By: Printed Name: Title: 4'rr��„d+rL.-¢`' ---------------- Date Signed.* q 4& N jq• 2�? c:� Exhibit "A" ;K TEXAS aOLiC3TA'TfON NUMBER 20-024 AUGUST 2020 City of Round Rock Exhibit "A" Pavement Marking, Curb Painting Services, and Related Products IFB 20-024 Class/item: 550-36, 630-66, 968-61 August 2020 PAVEMENT MARKING, CURB PAINTING SERVICES, AND RELATED PRODUCTS PAR7[ GENERAL REQUIREMENTS 1. PURPOSE: The City of Round Rock, herein after "the City" seeks e bid from firms experienced in the application and removal of reflective thermoplastic and paint pavement marking, curb painting services, and related products. 219 30 SOLICITATIOM PACKET: This Solicitation packet is comprised of the fallowing - Description Index . ...... ... ... . . ... ...... ... .. .. ... ..... . . .... ... Part I —General Requirements Part If —Definitions, Standard Terms and Conditions and Insurance Requirements Part III one Supplemental Terms and Conditions 1"I' Part IV —scope of Work Attachment A —Bid Sheet Attachment B —Reference Sheet Attachment C —Subcontractor Information Form Attachment D — Prevailing Wage Rates Page(s) 2-5 Page 6 Page(s) 7-10 Page(s) 11-12 Page 13 Page 14 Page 15 Attached .AUTHORIZED PURCHASING CONTACT,*, For questions or clarification of specifications, you may contact: 0 Adam Gagnon Purchaser Purchasing Division City of Round Rock Phone.* 512-218.5456 E-mail: agannonC&.roundroctexas.v Cheryl Kaufman Purchasing Supervisor Purchasing Division City of Round Rock Phone: 512-218-5417 E-mail: cksufmanCdlrounroctexas.aav The individual listed above is the only authorized City contact for this solicitation. The authorized purchasing go contact may be contacted by e-mail for clarification for this solicitation including specifications. No other City employee or representative may be contacted about this solicitation prior to contract approval. 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,, Page 2 of IS City of Round Rock Pavement Marking, IFB 20-024 Classlltem: 550-36, August 2020 Exhibit "A" Curb Painting Services, and Related Products &30-66,968-61 4. SCHEDULE OF EVENTS: It is the City's intention to follow the solicitation timeline below,, EVENT Solicitation released Deadlinefor submission of questions City responses to questions or addendums Deadline for submission of responses DATE August 5, 2020 August 13, 2020 @ 5:00 PM, CST Approximately August 18, 2020 @ 5:00 PM, CST August 26, 2020 @ 3:00 PM,, CST 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: https./lwww.roundracktexas.Qovlbusinesses/solicitatipns/ V 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: https:lfwww.roundrocktexas.aovlbusinesses/solicitations 5. SOLICITATION UPDATES: Respondents shall be responsible for monitoring the City's website at -W httas:J/www.roundrocktexas.qov/Dusinessesdsalicitationsfor 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, !11111111 due at 3:00 6. RESPONSE DUE DATE: Signed nd I d r spill��� r before1� W beb Cal%; on the due date n in PART 1, Section 4 — Schedule of Events. Mail or hand deliver sealed responses to: City of Round Rock Attn: Adam Gagnon Purchasing Department 221 E. Main Street Round Rock, Texas 78664-5299 7. RESPONDENT REQUIREMENTS: The City of Round Rock makes na warranty that this checklist is a full 4 11� 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 identical4o4heaworiginal electronic copy of The .8the IFB resp n,�,113 1111111) fli�E Ish drive. submittal is required to include all addendums and requested attachments,, The bid response along with samples and/or copies shall be provided at the Respondent's expense and shall become the property of the City. This invitation for bid (IFB) does not commit the City to contract for any supply or service. Respondents are advised that the City will not pay for any administrative costs incurred in response preparation to this IFB; all Page 3 of 15 City of Round Rock Exhibit "A" Pavement Marking, Curb Painting Services, and Related Products IFB 20-024 Class/Item: 550-36, 630-66, 968-61 August 2020 90 p� will be solely at the interested partiesexpense. Not responding costs associated with res i�� i�c� ing tI thIS 51 160 to this IFB does not preclude participation in any future RFP/RFQ/IFB. For vour Wid to bereal!Onsive, addendums and the attachments identified below shall be subm'l'fted - I with - -your ...nropasal. �a 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 monitodn the C1,ty's website X 31 b tor afat hft9)s://www,,rounU"1r0'- k5.i(lov/ usinessesn. 11cliaiany updates pertaining to the solicitation. FIRM - Attachment As. BID SHEET, The bid response shall be submitted on *Itemized, signed Bid Sheet provided a 0 me in the solicitation packet. Failure to complete and sign the bid sheet willresult in disguamication, If therel"s *toa conflict between the unit price and extended price, the unit price wiiitake precedence., Submission of responses on forms other than the City's solicitation document may result in disqualification of the response, �:� Attachment Bn. REFERENCE SHEET: Provide the name, address, telephone number and E-MAIL of at 4 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 11 any negative responses are received 'it may result in the disqualification of submittal. D Attachment CoSUBCONTRACTOR INFORMATION F Providesignedcopyofthe Subcontractor Information Form Respondents may be contacted for clarification of bid and/or to discuss details of the services they are proposing. ,CONFIDENTIALITY OF CONTENT: As stated in Section 16 of City of Round Rock Purchasing Definitions, Ago& 19 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 40 Information Act. Pricing is not considered to be confidential under any circumstances As Information in a submittal that is legally as a trade secret or otherwise confid nti I must -- be clearly 'indicated with stamped, bold red letters stating "CONFIDENTIAL" on that section of the document, The City will not be responsible for any public disclosure of confidential information if it is not clearly marked as such. B. If a request is made under the Texas Public Information Act to inspect information designated as confidential, the Respondent shall, upon request from the City, furnish sufficient written reasons and information as to why the information should be protected from disclosure., The matter will then be presented to the Attorney General of Texas for final determination., Page 4 of 15 City of Round Rock Exhibit "A" Pavement Marking, Curb Painting Services, and Related Products IFB 20-024 Class/Item,: 550-36, 630-86, 968-61 August 2020 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 orsub-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, ar the City of Round Rock,, Page 5 of 15 City of Round Rock Exhibit "A" Pavement Marking, Curb Painting Services, and Related Products IFB 20-024 Class/item: 550-36, 630-66, 968-61 August 2020 PART II DEFINITIONS, STANDARD TERMS AND CONDITIONS AND INSURANCE REQUIREMENTS 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: httgs:/Jwww.roundracktexas.gavJdepsrtmentsburchasinq/ Page 6 of 1 5 City of Round Rock Exhibit "A" Pavement Marking, Curb Painting Services, and Related Products IFB 20-024 Class/item: 550-36, 630-66, 968-61 August 202U PAR7111 SUPPLEMENTAL TERMS AND CONDITIONS 1. AGREEMENT TERM.* The terms of the awarded agreement shall include b tnotaRedto the Agreement and shall remain in full force for sixty (60) A* The term of the begin tom date of mont 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 reasonablynecessaryt re -solicit and/or complete the project up to 90 days. 484a02. RESPONDENT QUALIFICATIONS: The City hasestablished the following minimum qualifications, Respondents who do not meet the minimum quaiiflcations will not be considered for award., The Respondent shall: A. Be firms, corporations, individuals or partnerships normally engaged in providing the application and removal of reflective thermoplastic and paint pavement marking, curb painting services, and related products as specified herein and have adequate organization, facilities, equipment, financial capability, and personnel to ensure prompt and efficient service to the City; Bo Provide all labor, supplies and materials required to satisfactorily perform the services as specified a 069herein and own cquire at no cost to the Cityallconstruction 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 duringthe performance of the 0 services specified herein; United Ce Be domiciled in or have a home office insi 11� e theStates. 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, complete 3. SUBCONTRACTORS.e If Subcontractors will be used the Res ondentis required to and P submit with their bid response Attachment C.is Subcontractor Information Form,, The Contractor shall be fully responsible to the City for all acts and omissions of the Subcontractors just as the Contractor is responsible for the a TheContractor 0Contractors own Cotts nd omissions, shall, A. Require that all deliverables to be provided by Subcontractorth be provided in strict accordance with the provisions, specifications and terms of the Contract; Re Require that all Subcontractors obtain and maintain,throughout the term of their agreement, primary insurance in the type and amounts specified for the Vendor, with the City being named as an additional insured; and lb 0 C. Require that the Subcontractor indemnity and hold the City harmless to the same extent as the Contractor is required to indemnify the City., D. Awarded Contractor is required to submit a list of all subcontractors for approvalof any subcontractors throughout the term of the contract, by the City prior to use Attachment D — Prevailing Rates are posted in Solicitation Documents for IFB 20-Q24 Pavement Marking, If Curb Painting Services, and Related Products on the City of Round Rock website at.* httDs://www.roundrocktexasgov/busl*nesses/solilc'itations/ Page 7 of 15 City of Round Rock Exhibit "A" Pavement Marking, Curb Painting Services, and Related Products iFB Za-o24 Ciasslltem: 550-36, 630-66, 968-61 August 2020 S. SAFETY: The City reserves the right to remove any employee from City property for violation of federal, state, and local health, safety and environmental laws, ordinances, rules and regulations., The Respondent shall: A. Ensure that all employees comply with all Occupational Safety and Health Administration (OSHA), State and City safety and occupational health standards and other applicable federal, state, and local health, safety, and environmental laws ordinances, rules and regulations in the performance of these services; B. Be held responsible for the safety of their employees and unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site., In case of conflict, the most stringent safety requirement shall govern; Cr. Indemnifyand hold the City harmless fr m n Idemands, against all Claims, suits, judgments, fines penalties and liability of every kind arising from the breach of the successful Respondents' obligations under this paragraph, 6. WORKFORCE: Successful Respondent shall: As 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. 7. PRICING:., The Respondent shall determine and submit a fixed cost for th w k 11 incluilde anI&nc Wental costs, labor, overhead charaes, travel, payroll exPensesfreight, equipment acquisition and maintenance, demurrage, fuel surcharges, delivery charges, costs associated with obtaining permits, insurance, bonds and risk management,, No separate line item charges shall be permitted for either response orinvoice purposes,, 8. PRICE INCREASE,: Contract Prices for the application and removal of reflective thermoplastic and aint Pispavement marking, curb painting services and related products shall remain fithrou.4outthe twelve 4uh {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 5%for any single line item. a 10 Mail the wriften 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 Page 8 of I S City of Round Rock Exhibit "A" Pavement Marking, Curb Painting Services, and Related Products IFB 20-024 Class/Item: 550-36, 630-68, 968-61 August 2020 ii. Upon receipt of the request, the City reserves the right to either accept the escalation and make -11M. AI requestchange the n ril�C.; ri,11,1111111 r sm aysW� h thin ;3u d, '4M'WIf.., f the or negotiate with the Vendor or cancel the agreement or purchase order if an agreement cannot be reached on the value of the increase. I PERFORMANCE REVIEW: The City reserves the right to review the awarded respondent(s) performance at any time during the contract term., 10. ACCEPTANCE/INSPECTIt?N: 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 �nrith the specifications. In the event the services are not performed to the satisfaction of the City; the vendor shall agree to reperform services to specification at no additional cost io the City,, If any agreement or purchase order is cancelled for non -acceptance, the needed services may be purchased elsewhere., 11. 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, 12. PERMITS: The successful Respondent shall verify and obtain all necessary permits, licenses, and/or certificates required by federal, state and local laws, ordinances, rules or regulations for the completion of the 'Pspecifiedservices as if required for the project. 13. AWARD: The City reserves the right to enter into an Agreement ar 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 htts:J1 .roundrocktexas. Wbus i nesses/soli citations/ once City Council has approved the recommendation of award and the agreement has been executed, 14. POST AWARD MEETING: The Cityand successful Respondents)may have- a, rn- St awardmeeting to discuss, but not be limited to the following: A. The method to provide a smooth and orderly transition of services performed from the current contractor; B.I. Provide City contact(s) information for implementation of agreement, C. Identify specific milestones, goals and strategies to meet objectives, 95. POINT OFCONTACT / DESIGNATED REPRESENTATIVE: At 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, 0 B. The City's designated representative, Mercer Bobby Superintendent Transportation Phone,*, (512) 341-3309 E-mail: erc _roundroc xas.uov 16. INTERLOCAL PURCHASING AGREEMENTS, A. The City has entered into Inteelocal 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. Page 9 of 15 City of Round Rock Exhibit "A" Pavement Marking, Curb Painting Services, and Related Products IFB 20-024 Class/item: 550-36, 630-86, 968-61 August 2020 Be The City does not accept any responsibility or liability for the purchases by other government agencies through an interlocal cooperative agreement Page 10 of 15 ) This Page is too large to OCR This Page is too large to OCR This Page is too large to OCR This Page is too large to OCR This Page is too large to OCR City of Round Rock Exhibit "A" Pavement Marking, Curb Painting Services, and Related Products IF B 20,w024 Class/item: 550am36, 630m66, 9681m6l August 2020 ATTACHMENT C SUBCONTRACTOR INFORMATION FORM COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE SOLICITATION NUMBERs 20aw024 RESPONDENT'S NAME: D.I.J. Construction-L-1-nc, DATE: 8/26/2020 • CIRCLEONEm NO, I WILL NOT USE SUBCONTRACTORS ON THIS CONTRACT YES, I INTEND TO USE SUBCONTRACTORS ON THIS CONTRACT If yes complete theinformation below 1,v Subcontractor Name Name of Contact E-Mail Address Address Cl*ty, State, Z'I'p Code Telephone Number Describe work to be performed Percentage of contract work to be performed 2.6 Subcontractor Name Name of Contact Title of Contact EwvMail Address Address City, State, Zip Code Telephone Number Describe work to be performed Percentage of contract wank to be pftm-erformed • Add additional pages as needed loop - -- --- --- Fax Number: Fax Number: ( ) YES Page IS of 15 This Page is too large to OCR Exhibit "A" ROUND ROCK TA ADDENDUM CITY OF ROUND ROCK,TEXAS Solicitation; IIB 20-024 Addendum Or I Date of Addendum: 8/18120 This addendum is to incorporate the following changes to the above referenced solicitatiom Ir questions: Does this project have an estimate value? The annual authority for the project will be determined d the amount on the bid sheet for the awarded respondent. I. ALL THt'p---RTERMS AND CONDITIONS REMAIN THE SAME, APPROVED BY., 8/18120 Adam Gag i haler Purchasing Office, 512-2 Is -5456 By the signature affixed below this addendum is hereby incorporated into and rade a part of the above referenced solicitation. ACKNOWLEDGED BY, 0 Name Authorized Sig6atur, Date RETURN ONE SIGNED COPS'OF THIS ADDENDUM TO THE PURCHASING OFFICE WITH YOURSEALED PROPOSAL. FAILURE TO DO SO MAY AUTOMATICALLY DISQUALIFY YOUR RESPONSE FROM CONSIDERATION FOR AWARD.