Contract - DIJ Constructions - 11/12/2020CITY OF ROUND ROCK AGREEMENT
FOR PURCHASE OF PAVEMENT MARKING,
CURB PAINTING AND RELATED PRODUCTS
WITH
DIJ CONSTRUCTION, INC.
THE STATE OF TEXAS §
CITY OF ROUND ROCK §
COUNTY OF WILLIAMSON §
COUNTY OF TRAVIS §
KNOW ALL BY THESE PRESENTS:
This Agreement for pavement marking, curb painting services and related products,
referred to herein as the "Agreement," is made and entered into on this the 141A day of the
month of tJbV1C,-oMV0M , 202011 by and between the CITY OF ROUND ROCK, TEXAS,, a
home -rule municipality whose offices are located at 221 East Main Street, Round Rock, Texas
78664,, referred to herein as the "City," and DIJ CONSTRUCTION, INC., whose address is PO
Box 1609, 2332 CR 252, Bertram, Texas 78605,, referred to herein as "Services Provider." This
Agreement supersedes and replaces any previous agreements between the named parties,
whether oral or written,, and whether or not established by custom and practice.
RECITALS:
WHEREAS,, City desires to purchase pavement marking, curb painting services and other
related products; and
WHEREAS, City has issued its "Invitation for Bid" for the provision of said goods,, and
City has determined the bid submitted by Services Provider provides the best value to the City;
and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights, duties, and obligations;
C;p
NOW, THEItEFOItE, WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
mutually agree as follows:
1.01 DEFINITIONS
A. Agreement means the binding legal contract between City and whereby City is
obligated to buy specified services and Services Provider is obligated to sell same. The
Agreement includes the following: (a) Cl*ty's Invitation for Bid designated Solicitation Number
00455730/ss2
Kov 2020 — D32 S
20mO24 (b) Services Provider'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) Services Provider's Response to IFB;
(3) City's Invitation for B ids, 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 Maj*eure 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. Services Provider means DIJ Construction, Inc., or any of its successors or
assigns.
2.01 EFFECTIVE DATE AND TERM
A. This Agreement shall be effective on the date it has been signed by both parties
hereto,, and shall remain in 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 relat4P
ionship 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 Services Provider to supply the services as outlined in IFB Solicitation
Number 20�024- and Response to IFB submitted by Services Provider, all as specified in Exhibit
"A." The intent of these documents is to formulate an Agreement listing the responsibilities of
both parties as outlined in the IFB and as offered by Services Provider in its Response to the IFB.
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The services which are the subject matter of this Agreement are described in Exhibit "A"
and, together with this Agreement, comprise the total Agreement and they are fully a part of this
Agreement as if repeated herein in full.
4.01 ITEMS AWARDED
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 —Bid Sheet of Exhibit
"A," as follows:
5.01 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 char ges collected by Services Provider. Services Provider specifically
acknowledges and agrees that City is not obligated to use any estimated annual quantity of
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 No/100 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 ($2,036,000.00) for the term
of this Agreement.
6*0 1 INVOICES
All invoices shall include,, at a minimum, the following information:
A. Name and address of Services Provider;
B 0. Purchase Order Number;
C. Description and quantity of items received; and
D . Delivery dates.
7.01 INTERLOCAL COOPERATIVE CONTRACTING / PURCHASING
Authority for local governments to contract with one another to perform certain
governmental functions and services,, including but not limited to purchasing functions,, is
granted under Government Code, Title 7, Chapter 791, Interlocal Cooperation Contracts,,
Subchapter B and Subchapter C, and Local Government Code,, Title 8, Chapter 271, Subchapter
F,, Section 271.101 and Section 271.102.
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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 from
lack of exception to this clause in the vendor's response. However, all parties hereby expressly
agree that the City of Round Rock is not an agent of,, partner to,, or representative of those outside
agencies or entities and that the City of Round Rock 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 Services Provider a written notice of termination at the end of its then -current fiscal year.
9.01 PROMPT PAYMENT POLICY
In accordance with Chapter 225 1, V.T.C.A., Texas Government Code,, any payment to be
made by City to Services Provider will be made within thirty ()qlv30 ds of the date City receives
goods under this Agreement, the date the performance of the services under this Agreement are
completed, or the date City receives a correct invoice for the goods or services, whichever is
later. Services Provider may charge 1*nttereson an overdue payment at the "rate in effect" on
September 1 of the fiscal year in which the payment becomes overdue, in accordance with
V.T.C.A., Texas Government Code, Section 2251.025(b). This Prompt Payment Policy does not
apply to payments made by City 1*n the event:
A. There is a bona ode 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
Be There is a bona fide dispute between Services Provider and a subcontractor or
between a subcontractor and its supplier about the goods delivered or the service performed that
causes the payment to be late; or
C. The terms of a federal contract,,,
making a timely payment with federal funds; or
grant, regulation, or statute prevent City from
D. The invoice is not mailed to City in strict accordance with any instruction on the
purchase order relating to the payment.
10.01 GRATUITIES AND BRIBES
City may, by written notice to Services Provider, cancel this Agreement without incurring
any liability to Services Provider 1*f it is determined by City that gratuities or bribes in the form of
entertainment, gifts, or otherwise were offered or given by Services Provider or its agents or
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representatives to any City officer, employee or elected representative with respect to the
performance of this Agreement. In addition, Services Provider may be subject to penalties stated
in Title 8 of the Texas Penal Code.
11.01 TAXES
City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be
included in Services Provider's charges.
12.01 ORDERS PLACED WITH ALTERNATE VENDORS
If Services Provider cannot provide the services as specified, City reserves the right and
option to obtain same from another source or supplier(s).
13.01 INSURANCE
Services Provider shall meet all requirements as stated in Part II, Section 2 of the attached
IFB Solicitation Number 20-024.
14.01 CITY'S REPRESENTATIVE
City hereby designates the following representative(s) authorized to act in its behalf with
regard to this Agreement:
Bobby Mercer
Superintendent Transportation
3400 Sunrise Road
Round Rock, TX 78665
512-341-3309
bmercergroundrocktexas. gov
15.01 RIGHT TO ASSURANCE
Whenever either party to this Agreement, in good faith, has reason to question the other
party's intent to perform hereunder, then demand may be made to the other party for written
assurance of the intent to perform. In the event that no written assurance is given within the
reasonable time specified when demand is made, then and in that event the demanding party may
treat such failure as an anticipatory repudiation of this Agreement.
16.01 DEFAULT
If Services Provider abandons or defaults hereunder and is a cause of City purchasing the
specified services elsewhere, Services Providers 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.
5
Services Provider shall be declared in default of this Agreement if it does any of the
following:
A.
B.
hereunder;
co
Fails to make any payment in full when due;
Fails to fully, timely and faithfully perform
any of its material
Fails to provide adequate assurance of performance under the
Assurance" section herein; or
obligations
"Right to
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 anYmetiupon thirty (30) days' written notice to Services
Provider.
B. In the event of any default by Services Provider, City has the right to terminate
this Agreement for cause, upon ten (10) days' written notice to Services Provider.
C. Services Provider has the right to terminate this Agreement only for cause, in the
event of material and substantial breach by City, or by written mutual agreement to terminate.
D. In the event City terminates under subsections (A) or (B) of this section, the
following shall apply : Upon C ity 1) is delvery of the referenced notice to Services Provider,
Services Provider shall discontinue all services in connection with 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
termination notice,, Services Provider shall submit a statement showing in detail the goods and
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services satisfactorily performed hereunder to the date of termination. City shall then pay
Services Provider that portion of the charges, if undisputed. The parties agree that Services
4P
Provider is not entitled to compensation for services it would have performed under the
remaining term of the Agreement except as provided herein.
18.01 INDEMNIFICATION
Services Provider shall defend (at the option of City), indemnify, and hold City, its
successors,, assigns, officers, employees aand elected officials harmless from and against all suits,
actions, legal proceedings, claims, demands,, damages, costs, expenses, attorneys fees,, and any
and all other costs or fees arising out of, or incident to, concerning or resulting from the fault of
Services Provider, or Services Provider's agents, employees or subcontractors,, i"n the
performance of Services Provider's obligations under this Agreement,, no matter how,, or to
whom,, such loss may occur. Nothing herein shall be deemed to limit the rights of City or
Services Provider (including, but not limited to the right to seek contribution) against any third
party who may be liable for an indemnified claim.
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19.01 COMPLIANCE WITH 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.
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 contract contains
written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott
Israel during the term of this contract,, The signatory executing this Agreement on behalf of
Services Provider verifies Services Provider does not boycott Israel and will not boycott Israel
during the term of this Agreement.
20.01 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
transfer any interest iinthis Agreement without prior written authorzation 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:
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
prepaid to the recipient's address as stated in this Agreement.
Notice to Services Provider0
:
DIJ Construction, Inc.
P.O. Box 1609
2332 CR 252
Bertram, TX 78605
Notice to City:
City Manager
221 East Main Street
Round Rock, TX 78664
Stephen L. Sheets,, City Attorney
AND TO: 309 East Main Street
Round Rock, TX 78664
Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of City and Services Provider.
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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 1*n Williamson County, Texas. This Agreement shall be
governed by and construed in accordance with the laws and court decisions of the State of Texas.
23.01 EXCLUSIVE AGREEMENT
This document,, and all appended documents,, constitutes the entire Agreement between
Services Provider and City. This Agreement may only be amended or supplemented by mutual
agreement of the parties hereto in writing, duly authorized by action of the City Manager or City
Council.
24.01 DISPUTE RESOLUTION
City and Services Provider hereby expressly agree that no claims or disputes between the
parties arisini19 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 I - 14) or any applicable state arbitration statute.
25*0 1 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
such void provision shall be deemed severed from this Agreement,, and the balance of this
Agreement shall be construed and enforced as 1*f this Agreement did not contain the particular
portion or provision held to be void. The parties further agree to amend this Agreement to
replace any stricken provision with a valid provision that comes as close as possible to the intent
of the stricken provision. The provisions of this section shall not prevent this entire Agreement
from being void should a provision which is of the essence of this Agreement be determined to
be void.
26.01 MISCELLANEOUS PROVISIONS
Standard of Care. Services Provider represents that it employs trained, experienced and
competent persons to perform all of the services, responsibilities and duties specified herein and
that such services, responsibilities and duties shall be performed in a manner according to
generally accepted industry practices.
Tiiis of the Essence. Servces Provider understands and agrees that time imes of the
essence and that any failure of Services Provider to fulfill obligations for each portion of this
Agreement within the agreed ti*meframes 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
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accordance with the terms of this Agreement. Where damage is caused to City due to Services
Provider's failure to perform in these circumstances, City may pursue any remedy available
without waiver of any of City's additional legal rights or remedies.
Force Majeure. Neither City nor Services Provider shall be deemed in violation of this
Agreement if it is prevented from performing any of its obligations hereunder by reasons for
which it is not responsible as defined herein. However, notice of such impediment or delay in
performance must be timely given, and all reasonable efforts undertaken to mitigate its effects.
Multiple Counterparts. This Agreement may be executed in multiple counterparts, any
one of which shall be considered an original of this document; and all of which, when taken
together, shall constitute one and the same instrument.
IN WITNESS WHEREOF, City and Services Provider have executed this Agreement on
the dates indicated.
City of Roun Rock Texa
By:
Printed Name: i-,/
Title: M /1 1AdYL
Date Signed
For City, Attest:
By: �
Sara L. *hite, City Clerk
For City, proved as to Form:
By:UA
Stephan .Sheets, City Attorney
G']
DIJ Construction, Inc.
By
Printed Name:
Title: r ��-
Date Signed. -
Exhibit "A"
:K TEXAS
City of Round Rock, Texas
Purchasing Division
221 East Main Street
Round Rock, Texas 78664-5299
www.roundrocktexas.gov
INVITATION FOR BID (IFB)
PAVEMENT MARKING, CURB PAINTING SERVICES,
AND RELATED PRODUCTS
SOLICITATION NUMBER 20=024
AUGUST 2020
Exhibit "A"
City of Round Rock
Pavement Marking, Curb Painting Services, and Related Products
I F B 2 0-024
Class/Item: 550-36, 630-66, 968-61
August 2020
PAVEMENT MARKING, CURB PAINTING SERVICES, AND RELATED PRODUCTS
PART I
GENERAL REQUIREMENTS
1. PURPOSE: The City of Round Rock, herein after "the City" seeks a bid from firms experienced in the
application and removal of reflective thermoplastic and paint pavement marking, curb painting services, and
related products.
2. SOLICITATION PACKET: This solicitation packet is comprised of the following -
Description
Index
Part I — General Requirements
Page(s) 2-5
Part II — Definitions, Standard Terms and Conditions
and Insurance Requirements
Page 6
Part III — Supplemental Terms and Conditions
Page(s) 7-10
Part IV — Scope of Work
Page(s) 11-12
Attachment A — Bid Sheet
Page 13
Attachment B — Reference Sheet
Page 14
Attachment C — Subcontractor Information Form
Page 15
Attachment D — Prevailing Wage Rates
Attached
3. AUTHORIZED PURCHASING CONTACT: For questions or clarification of specifications, you may contact:
Adam Gagnon
Purchaser
Purchasing Division
City of Round Rock
Phone: 512-218-5456
E-mail: agagnon(aD-roundrocktexas.gov
Cheryl Kaufman
Purchasing Supervisor
Purchasing Division
City of Round Rock
Phone: 512-218-5417
E-mail: ckaufman(cDround rocktexas.gov
The individual listed above is the only authorized City contact for this solicitation. The authorized purchasing
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 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
4. SCHEDULE OF EVENTS: It is the City's intention to follow the solicitation timeline below.
EVENT
DATE
Solicitation released
August 5, 2020
Deadline for submission of questions
August 13, 2020 @ 5:00 PM, CST
City responses to questions or addendums
Approximately August 18, 2020 @ 5:00 PM, CST
Deadline for submission of responses
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://www.roundrocktexas.gov/businesses/solicitations/
Questions shall be submitted in writing to the "Authorized Purchasing Contact". The City reserves the right to
modify these dates. Notice of date change will be posted to the City's website:
https://www.roundrocktexas.gov/businesses/solicitations
5. SOLICITATION UPDATES: Respondents shall be responsible for monitoring the City's website at
https://www.roundrocktexas.gov/businesses/solicitations for any updates pertaining to the solicitation
described herein. Various updates may include addendums, cancellations, notifications, and any other
pertinent information necessary for the submission of a correct and accurate response. The City will not be
held responsible for any further communication beyond updating the website.
6. RESPONSE DUE DATE: Signed and sealed responses are due at or before 3.00 PM, on the due date noted
in PART I, 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
A. Sealed responses shall be clearly marked on the outside of packaging with the Solicitation title,
number, due date, and "DO NOT OPEN".
B. Facsimile or electronically transmitted responses are not acceptable.
C. Responses cannot be altered or amended after opening.
D. No response can be withdrawn after opening without written approval from the City for an acceptable
reason.
E. The City will not be bound by any oral statement or offer made contrary to the written specifications.
F. Samples and/or copies shall be provided at the Respondent's expense and shall become the property
of the City.
G. Late responses will not be considered and will be returned unopened, if a return address is provided.
7. RESPONDENT REQUIREMENTS: The City of Round Rock makes no warranty that this checklist is a full
comprehensive listing of every requirement specified in the solicitation. This list is only a tool to assist
participating Respondents in compiling their final responses. Respondents are to carefully read the entire
solicitation.
Respondent shall submit one (1) evident signed "Original" and one identical -to -the -original electronic copy of
the IFB response on a flash drive. The submittal is required to include all addendums and requested
attachments. The bid response along with samples and/or copies shall be provided at the Respondent's
expense and shall become the property of the City.
This invitation for bid (IFB) does not commit the City to contract for any supply or service. Respondents are
advised that the City will not pay for any administrative costs incurred in response preparation to this IFB; all
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
costs associated with responding to this IFB will be solely at the interested parties' expense. Not responding
to this IFB does not preclude participation in any future RFP/RFQ/IFB.
For your bid to be responsive, addendums and the attachments identified below shall be submitted
with your proposal.
Addendums: Addendums may be posted to this solicitation. Bidders are required to submit signed
addendums with their sealed response. The Bidder shall be responsible for monitoring the City's website
at https://www.roundrocktexas.gov/businesses/solicitations for any updates pertaining to the solicitation.
Li Attachment A: BID SHEET: The bid response shall be submitted on itemized, signed Bid Sheet provided
in the solicitation packet. Failure to complete and sign the bid sheet will result in disqualification. If there is
a conflict between the unit price and extended price, the unit price will take precedence. Submission of
responses on forms other than the City's solicitation document may result in disqualification of the
response.
Attachment B: REFERENCE SHEET: Provide the name, address, telephone number and E-MAIL of at
least three (3) valid Municipal, Government agencies, or firms of comparable size that have utilized
services that are similar in type and capacity within the last two (2) years. City of Round Rock references
are not applicable. References may be checked prior to award. If references cannot be confirmed or if
any negative responses are received it may result in the disqualification of submittal.
Attachment C: SUBCONTRACTOR INFORMATION FORM: Provide a signed copy of the Subcontractor
Information Form
8. BEST VALUE EVALUATION AND CRITERIA: The City reserves the right to reject any or all responses, or to
accept any response deemed most advantageous, or to waive any irregularities or informalities in the
response received that best serves the interest and at the sole discretion of the City. All solicitations received
may be evaluated based on the best value for the City. In determining best value, the City may consider:
A. Purchase price;
B. Reputation of Respondent and of Respondent's goods and services;
C. Quality of the Respondent's goods and services;
D. The extent to which the goods and services meet the City's needs,
E. Respondent's past performance with the City;
F. The total long-term cost to the City to acquire the Respondent's goods or services;
G. Any relevant criteria specifically listed in the solicitation.
H. If the solicitation is evaluated with points, the respondent must earn a minimum of 15 points on criteria
not related to cost in order to be considered for contract award.
Respondents may be contacted for clarification of bid and/or to discuss details of the services they are
proposing.
9. CONFIDENTIALITY OF CONTENT: As stated in Section 16 of City of Round Rock Purchasing Definitions,
Standard Terms and Conditions, all documents submitted in response to a solicitation shall be subject to the
Texas Public Information Act. Following an award, responses are subject to release as public information
unless the response or specific parts of the response can be shown to be exempt from the Texas Public
Information Act. Pricing is not considered to be confidential under any circumstances
A. Information in a submittal that is legally protected as a trade secret or otherwise confidential must be
clearly indicated with stamped, bold red letters stating "CONFIDENTIAL" on that section of the
document. The City will not be responsible for any public disclosure of confidential information if it is not
clearly marked as such.
B. If a request is made under the Texas Public Information Act to inspect information designated as
confidential, the Respondent shall, upon request from the City, furnish sufficient written reasons and
information as to why the information should be protected from disclosure. The matter will then be
presented to the Attorney General of Texas for final determination.
Page 4 of 15
City of Round Rock Exhibit "A"
Pavement Marking, Curb Painting Services, and Related Products
I F B 2 0-024
Class/Item: 550-36, 630-66, 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 or sub -awards to parties that are suspended or debarred or whose
principals are suspended or debarred from doing business with the Federal Government, State of Texas, or
the City of Round Rock.
11. CERTIFICATE OF INTERESTED PARTIES: Section 2252.908 of the Texas Government Code requires the
successful offeror to complete a Form 1295 "Certificate of Interested Parties" that is signed for a contract
award requiring council authorization. The "Certificate of Interested Parties" form must be completed on the
Texas Ethics Commission website, printed, signed and submitted to the City by the authorized agent of the
Business Entity with acknowledgment that disclosure is made under oath and under penalty of perjury prior to
final contract execution. Link to Texas Ethics Commission Webpage:
https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm
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 11
DEFINITIONS, STANDARD TERMS AND CONDITIONS
AND INSURANCE REQUIREMENTS
1. DEFINITIONS, STANDARD TERMS AND CONDITIONS: By submitting a response to this solicitation, the
Respondent agrees that the City's Definitions, Standard Terms and Conditions, in effect at the time of release
of the solicitation, shall govern unless specifically provided otherwise in a separate agreement or on the face
of a purchase order. Said Definitions, Terms and Conditions are subject to change without notice. It is the
sole responsibility of Respondents to stay apprised of changes. The City's Definitions, Standard Terms and
Conditions can be viewed and downloaded from the City's website at:
https://www.roundrocktexas.gov/departments/purchasing/
2. INSURANCE: The Respondent shall meet or exceed all insurance requirements set forth in Standard
Insurance Requirements. The City's Standard Insurance Requirements document can be viewed and
downloaded from the City's website at: https://www.roundrocktexas.gov/departments/purchasing/
Page 6 of 15
City of Round Rock Exhibit "A"
Pavement Marking, Curb Painting Services, and Related Products
I F B 2 0-024
Class/Item: 550-36, 630-66, 968-61
August 2020
PART III
SUPPLEMENTAL TERMS AND CONDITIONS
1. AGREEMENT TERM: The terms of the awarded agreement shall include but not be limited to the following:
A. The term of the Agreement shall begin from date of award and shall remain in full force for sixty (60)
months.
B. Upon expiration of the contract term, the Contractor agrees to hold over under the terms and conditions
of this agreement for such a period as is reasonably necessary to re -solicit and/or complete the project
up to 90 days.
2. RESPONDENT QUALIFICATIONS: The City has established the following minimum qualifications.
Respondents who do not meet the minimum qualifications will not be considered for award. The Respondent
shall:
A. Be firms, corporations, individuals or partnerships normally engaged in providing 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;
B. Provide all labor, supplies and materials required to satisfactorily perform the services as specified
herein and own or acquire at no cost to the City all construction aids, appliances, and equipment
Respondent deems necessary and maintain sole responsibility for the maintenance and repair of
Respondent's vehicles, equipment, tools and all associated costs. The City shall not be responsible for
any Respondent's tools, equipment, or materials lost or damaged during the performance of the
services specified herein;
C. Be domiciled in or have a home office inside the United States. Respondents domiciled outside the
United States, or not having a home office inside the United States will not be included for consideration
in this procurement process.
3. SUBCONTRACTORS: If Subcontractors will be used the Respondent is required to complete and submit with
their bid response Attachment C: 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
Contractors own acts and omissions. The Contractor shall:
A. Require that all deliverables to be provided by the Subcontractor be provided in strict accordance with
the provisions, specifications and terms of the Contract;
B. 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
C. Require that the Subcontractor indemnify 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 approval by the City prior to use
of any subcontractors throughout the term of the contract.
4. PREVAILING WAGE: Pursuant to Chapter 2258 of the Texas Government Code, a worker employed on a
public work project by a city must be paid: (1) not less than the general prevailing wage rate of per diem
wages for work of a similar character in the locality in which the work is performed; and (2) not less than the
general prevailing rate of per diem wages for legal holiday and overtime work. In accordance with Chapter
2258.022, the City adopted through Resolution No. R-2016-3760 the wage rates set forth by the Texas
Workforce Commission for the Austin -Round Rock Area as the general prevailing wage rate for the City's
public works contracts. A contractor or subcontractor who is awarded a contract by the City shall pay not less
than the rates set forth in Attachment C and comply with all applicable sections of Chapter 2258.
Attachment D — Prevailing Rates are posted in Solicitation Documents for IFB 20-024 Pavement Marking,
Curb Painting Services, and Related Products on the City of Round Rock website at:
https://www.roundrocktexas.gov/businesses/solicitations/
Page 7 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
5. SAFETY: The City reserves the right to remove any employee from City property for violation of federal,
state, and local health, safety and environmental laws, ordinances, rules and regulations. The Respondent
shall:
A. Ensure that all employees comply with all Occupational Safety and Health Administration (OSHA), State
and City safety and occupational health standards and other applicable federal, state, and local health,
safety, and environmental laws ordinances, rules and regulations in the performance of these services;
B. Be held responsible for the safety of their employees and unsafe acts or conditions that may cause
injury or damage to any persons or property within and around the work site. In case of conflict, the
most stringent safety requirement shall govern;
C. Indemnify and hold the City harmless from and against all claims, demands, suits, actions, judgments,
fines penalties and liability of every kind arising from the breach of the successful Respondents'
obligations under this paragraph.
6. WORKFORCE: Successful Respondent shall:
A. Ensure Respondent's employees perform the services in a timely, professional and efficient manner;
B. Ensure Respondent's employees, while working on City property, wear a company uniform that clearly
identifies them as the 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 the work and shall include all
incidental costs, labor, overhead charges, travel, payroll expenses, freight, equipment acquisition and
maintenance, demurrage, fuel surcharges, delivery charges, costs associated with obtaining permits,
insurance, bonds and risk management. No separate line item charges shall be permitted for either response
or invoice purposes.
8. PRICE INCREASE: Contract prices for the application and removal of reflective thermoplastic and paint
pavement marking, curb painting services and related products shall remain firm throughout the initial twelve
(12) month term of the contract. A price increase to the agreement may be considered on the anniversary
date of the Contract each year and shall be equal to the consumer price index for that year, but at no time can
the increase be greater than 5% for any single line item.
A. Consumer Price Index (CPI): Price adjustments will be made in accordance with the percentage
change in the U.S. Department of Labor Consumer Price Index (CPI-U) for all Urban Consumers. The
price adjustment rate will be determined by comparing the percentage difference between the CPI in
effect for the base year six-month average (January through June OR July through December); and
each (January through June OR July through December six month average) thereafter. The
percentage difference between those two CPI issues will be the price adjustment rate. No retroactive
contract price adjustments will be allowed. The Consumer Price Index (CPI) is found at the Bureau of
Labor Statistics, Consumer Price Index website: http://www.bls.gov/cpi/.
B. Procedure to Request Increase:
i. Mail the written price increase request with the rate detail comparison and comprehensive
calculation and any supporting documentation to the designated City Contract Specialist a minimum
of 45 days prior to the annual Contract anniversary date. The detailed written calculation will be
verified and confirmed. All written requests for increases must include the City of Round Rock
contract number, solicitation reference information and contact information for the authorized
representative requesting the increase. Price increase requests shall be sent by mail to..
City of Round Rock
Purchasing Department
Attn: Contract Specialist
221 East Main Street
Round Rock, TX 79664-5299
Page 8 of 15
Exhibit "A"
City of Round Rock
Pavement Marking, Curb Painting Services, and Related Products
IFB 20-024
Class/Item: 550-36, 630-66, 968-61
August 2020
ii. Upon receipt of the request, the City reserves the right to either accept the escalation and make
change to the purchase order within 30 days of the request or negotiate with the Vendor or cancel
the agreement or purchase order if an agreement cannot be reached on the value of the increase.
9. PERFORMANCE REVIEW: The City reserves the right to review the awarded respondent(s) performance at
any time during the contract term.
10. ACCEPTANCE/INSPECTION: Acceptance inspection should not take more than five (5) working days. The
awarded respondent will be notified within the time frame if the services delivered are not in full compliance
with the specifications. In the event the services are not performed to the satisfaction of the City; the vendor
shall agree to reperform services to specification at no additional cost to the City. If any agreement or
purchase order is cancelled for non -acceptance, the needed services may be purchased elsewhere.
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
services as specified if required for the project.
13. AWARD: The City reserves the right to enter into an Agreement or a Purchase Order with a single award,
split award, primary and secondary award, non -award, or use any combination that best serves the interest
and at the sole discretion of the City. Respondents to the solicitation will be notified when City staff
recommendation of award has been made. The award announcement will be posted to the City's website at
https://www.roundrocktexas.gov/businesses/solicitations/ once City Council has approved the
recommendation of award and the agreement has been executed.
14. POST AWARD MEETING: The City and successful Respondent(s) may have a post award meeting to
discuss, but not be limited to the following:
A. The method to provide a smooth and orderly transition of services performed from the current
contractor;
B. Provide City contact(s) information for implementation of agreement.
C. Identify specific milestones, goals and strategies to meet objectives.
15. POINT OF CONTACT / DESIGNATED REPRESENTATIVE:
A. Contractor's point of contact: In order to maintain consistent standards of quality work performed
across the City, the City shall be provided with a designated and identified point of contact upon award
of the contract to include contact information. The City's designated representative shall be notified by
the Respondent immediately should the point of contact change.
B. The City's designated representative:
Bobby Mercer
Superintendent
Transportation
Phone: (512) 341-3309
E-mail: bmercer(&roundrocktexas.gov
16. INTERLOCAL PURCHASING AGREEMENTS
A. The City has entered into Interlocal Agreements with other Governmental agencies pursuant to the
Interlocal Cooperation Act, Chapter 791 of the Texas Government Code. The Contractor agrees to offer
the same price and terms and conditions to other eligible agencies that have an interlocal agreement
with the City.
Page 9 of 15
City of Round Rock
Exhibit "A"
Pavement Marking, Curb Painting Services, and Related Products
IFB 20w,,024
Class/Item: 550m36, 630m66, 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
Exhibit "A"
City of Round Rock
Pavement Marking, Curb Painting Services, and Related Products
IFB 20-024
Class/Item: 550-36, 630-66, 968-61
August 2020
PART IV
SCOPE OF WORK
1. PURPOSE: The City seeks a qualified Respondent to provide all equipment, materials, resources,
workmanship, and labor necessary for the application and removal of pavement marking and curb painting
services throughout the City on an as needed basis in accordance with the scope of work. Respondent shall
also provide pavement and curb marking materials and/or supplies which shall include delivery on an as
needed basis.
2. MATERIAL AND WORKMANSHIP SPECIFICATIONS: All materials, equipment, preparation, application and
removal methods shall be in accordance with the latest revisions of the City of Round Rock's Design and
Construction Standards (DACS), Series 800 — Urban Transportation and the latest revisions of the Texas
Manual on Uniform Traffic Control Devices (TXMUTCD).
A. City of Round Rock Transportation Department DACS available at:
http://www.roundrocktexas.gov/departments/transportation/dacs
B. Texas Department of Transportation TXMUTCD is available at:
http-://www.txdot.gov/government/enforcement/signage.htmI
3. SERVICE REQUIREMENTS: The Contractor shall -
A. Use machine or hand application per the instruction of the City's designated representative.
B. Use equipment licensed and inspected by the Texas Department of Transportation and comply with all
applicable State, Federal, and OSHA regulations.
C. Only perform work within the City limits of Round Rock and only at the specified locations approved by
the City's designated representative through a written Notice to Proceed.
D. Schedule all work at the convenience of the City so as to not interfere with the City's conduct of business.
E. Conduct traffic control during projects for the duration of each job consistent with the provisions set forth
in the "1980 Texas Manual on Uniform Traffic Control Devices for Streets and Highways" or the latest
revisions thereof, issued under the authority of the "State of Texas Uniform Act Regulating Traffic on
Highways", codified as Article 6701 d Vernon's Civil Statues, pertinent sections being Section Nos. 24, 29,
30 and 31.
F. Complete all work within thirty (30) days from the scheduled start date.
G. Keep the adjacent areas of the work site free from rubbish and the accumulation of any waste materials
and properly dispose of all rubbish and waste materials according to applicable federal, state, and local
health, safety, and environmental laws, ordinances, rules and regulation.
H. Services shall include materials, equipment, construction methods, measurements, application and
removal of markings of the specified types, colors, shapes, sizes, widths, and thickness shown on plans
or as the City may require.
4. CONTRACTOR RESPONSIBILITIES: The Contractor shall -
A. Provide a list of responsible representatives with names, titles, addresses, and telephone numbers.
B. Staff each job with sufficient personnel to ensure safe and timely completion of the work.
C. Coordinate with the City to develop a project schedule that is mutually agreeable to both parties.
D. Demonstrate to the City's designated representative that all the work has been completed per the
contract specifications and codes.
5. CITY RESPONSIBILITIES: The City will -
A. Provide specific location information to perform the work.
B. Share applicable City plans with the Contractor for project reference.
Page 1 l 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
C. Provide instruction on the type of application (machine or hand) for each job.
D. Provide access to any location that is not available to the public.
Page 12 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
ATTACHMENT A
BID SHEET
1. ATTACHMENT A — BID SHEET is posted in Solicitation Documents for IFB 20-024 Pavement Marking, Curb
Painting Services and Related Products in an Excel format on the City of Round Rock website at:
https://www.roundrocktexas.gov/businesses/solicitations/
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: https://roundrock.munisselfservice.com/Vendors/default.aspx.
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 13 of 15
Exhibit "A"
Attachment A- Bid Sheet
Pavement Marking, Curb Painting Services, and Related Products
IFB 20-024
The Responcent 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 20-024 Pavement Marking, Curb Painting Services. and Related Products The Respondent acknowledges that they have received and read the
entire solicitation packet, attachments, addendums, and all documents incorporated by reference, and agrees to be bound by the terms therein.
Special Instructions All prices must be quoted in order to be considered responsive, be advised that exceptions taken to any portion of the solicitation will jeopard,ze acceptance
of the bid. Alternative bids wil not be considered and unauthorized modifications to the bid sheet format will result ,n the rejection of the bid The City reserves the right to
purchase more or less than the quantities indicated below
No.
Description
Estimated
Unit
Unit Cost
Extended Total
Quantity
TYPE 1 - Thermoplastic Reflectorized Pavement Marking application
1
Machine Application
325,000
LF
S0.37
S120,250.00
TYPE 1 - Thermoplastic Reflectorized Pavement Marking Application
2
Hand Application
80,000
LF
S 1 10
S88.000.00
TYPE 1 - Thermoplastic Reflectorized Pavement Lettering
3
Hand Application
100
EA
S 113 00
511.300.00
TYPE 1 - Thermoplastic Reflectorized Pavement Shapes
4
Hand Application
400
EA
S33.00
S13,200.00
TYPE 1 - Thermoplastic Reflectorized Pavement Symbols
5
Hand Application
400
EA
S132.00
S52,800.00
_
TYPE 2 -Paint Pavement Marking
6
Machine Application
25,000
LF
S0.24
$6,000.00
TYPE 2 -Paint Pavement Marking
7
Hand Application
5.000
LF
$0.72
S3.600 00
TYPE 2 -Paint Pavement Lettering
g
Hand Application
100
EA
$35.00
S3.500.00
TYPE 2 -Paint Pavement Shapes
9
Hand Application
400
EA
S15.00
S6.000.00
TYPE 2 -Paint Pavement Symbols
10 1
Hand Application
400
EA
S40.00
S16,00000
Marking Elimination
11
Truck
40,000
LF
S0 30
S12.000.00
Marking Elimination
12
Walk Behind
30,000
LF
$0.55
S16,500.00
Raised Pavement Markings
13
1,000
EA
S4.15
S4,150.00
Curb Painting
14
(Letter includes Fire Lanes. No Parking, etc)
5.000
LF
S0.78
$3,900.00
Bulk Thermoplastic Reflectorized
TON
15
Yellow
20
Delivered
S1,250.00
$25.000 00
Bulk Thermoplastic Reflectorized
TON
16
White
20
(Delivered)
$1,250.00
$25,000.00
Annual Total:
S407 ,200.00
COMPANY NAME D.I J CONSTRU TION. INC
SIGNATURE OF AUTHORIZED REPRESENTATIVE: rs V/1\1 11'e7
PRINTED NAME. Te rY Nix
PHONE NUMBER
EMAIL ADDRESS
512-355-2 7 66
tern cj.�constructign.corn
loft
City of Round Rock
Exhibit "A "
Pavement Marking, Curb Painting Services, and Related Products
IFB 20-024
Class/Item: 550m36, 630m669 968-61
August 2020
ATTACHMENT B
REFERENCE SHEET
PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE
SOLICITATION NUMBER: 20-024
RESPONDENT'S NAME: _ D.I.J. Construction, Inc. DATE:
8/26/2020
Provide the name, address, telephone number and E-MAIL of at least three (3) valid Municipal, Government
agencies or firms of comparable size that have utilized services that are similar in type and capacity within the last
two (2) years. City of Round Rock references are not applicable. References may be checked prior to award. If
references cannot be confirmed or if any negative responses are received it may result in the disqualification of
submittal.
1. Company's NameVvlli
amson County Texas
Name of Contact
Herb Klaus
Title of Contact
Supervisor
E=Mail Address
hk1aus
Present Address
-@wilco.org
1351 SE Inner Loop
---
City, State, zip code
Georgetown TX 78626
Telephone Number
(512 )943 3360 Fax Number: ( )
2. Company's Name
City of Austin Texas
Name of Contact
Tooran Khosh
Title of Contact
Project Manager
EmMaill Address
tooran.khoshCa�austintexas.gov
Present Address
1501 Toomey R-d
City, State, Zip Code
Austin TX 78704
Telephone Number
(512 > 974 9383 Fax Number: ( )
3. Company's Name
City of Killeen Texas
Name of Contact
Billy Stottler
Title of Contact
Supervisor
EmMaell Address
bstottler@killeentexas.gov
Present Address
P.O. Box 1329
City, State, Zip Code
Killeen TX 76540
Telephone Number
(254 ) 616 3157 Fax Number: ( )
FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY
AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD.
Pag
e 14 of 15
Exhibit "A"
City of Round Rock
Pavement Marking, Curb Painting Services, and Related Products
IFB 20-024
Class/Item: 550-36, 630-66, 968-61
August 2020
ATTACHMENT C
SUBCONTRACTOR INFORMATION FORM
COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE
SOLICITATION NUMBER: 20-024
RESPONDENT'S NAME: D.I.J. Construction, Inc. DATE: 8/26/2020
• CIRCLE ONE - NO, I WILL NOT USE SUBCONTRACTORS ON THIS CONTRACT NO
YES, I INTEND TO USE SUBCONTRACTORS ON THIS CONTRACT YES
If yes complete the information below
1. Subcontractor Name
Name of Contact
E-Mail Address
Address
City, State, Zip Code
Telephone Number ( ) Fax Number: ( )
Describe work to be
performed
Percentage of contract oho
work to be performed
2. Subcontractor Name
Name of Contact
Title of Contact
E-Mail Address
Address
City, State, Zip Code
Telephone Number ( ) Fax Number: ( )
Describe work to be
performed
Percentage of contract oho
work to be performed
• Add additional pages as needed
Page 15 of 15
Exhibit "A"
Solicitation: IFB 20-024
ROUND ROCK TEXAS
PURCHASING DIVISION
ADDENDUM
CITY OF ROUND ROCK, TEXAS
Addendum No:2 Date of Addendum: 8/26/20
This addendum is to incorporate the following changes to the above referenced solicitation. -
Extension: The proposal due date is hereby extended until Wednesday, September 2, 2020 at 3:00 PM CST.
ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME.
APPROVED BY: dz'o - d - 8/26/20
Adam G4non, urchaser
Purchasing Office, 512-218-5456
By the signature affixed below this addendum is hereby incorporated into and made a part of the above referenced
solicitation.
ACKNOWLEDGED BY:
Name -J
Authorized,6igna I ure
9,-/- zoeo
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.
Exhibit "A"
Solicitation: IFB 20-024
ROUNO ROCK TEXAS
Puscmrpwo DivisioN
ADDENDUM
CITY OF ROUND ROCK, TEXAS
Addendum No:1 Date of Addendum: 8/18120
This addendum is to incorporate the following changes to the above referenced solicitation:
Questions:
0: Does this project have an estimate value?
A: The annual authority for the project will be determined by the amount on the bid sheet for the awarded
respondent.
ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME.
APPROVED BY: C.fi'�' .4 -9 8/18/20
Adam Gag on, Pulthaser
Purchasing Office, 512-218-5456
By the signature affixed below this addendum is hereby incorporated into and made a part of the above referenced
solicitation.
ACKNOWLEDGED BY,
Name
Authorized SigAatur4
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.
rii
0
Client#@, 148007
DIJCON
DATE (MM/DD/YYYY)
ACORDTM
CERTIFICATE OF LIABILITY INSURANCE
9/24/2020
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND., EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSUREIR(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
USI Southwest Austin
7600=C N. Capital of TX Hwy #200
Austin, TX 78731
512 451 =7555
INSURED
D.I.J. Construction, Inc.
P.O. Box 1609
2332 CR 252
Bertram, TX 78605=1609
NAAAE " Cindy Ellis
(A/C. PHO"N , EM : 512 451-7555 ac, No): 512 467=01 13
E'""^'� cindy.ellis@usi.comADDRESS:
INSURERS) AFFORDING COVERAGE
INSURER A: United Fire &Casualty Company
INSURER B : Travelers Property Cas. Co. of America
INSURER C : Texas Mutual Insurance Company
INSURER D
INSURER E
INSURER F
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
Nacs
13021
25674
22945
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 CONTRACTOR 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
LTR
7ypE OF INSURANCE
ADDL
IN9R
SUBR
WVD
POLICY NUMBER(MMIDD(MMIDD
POLICY EFF
POLICY EXP
LIMITS
A
X
COMMERCWLGENERALLIABILITY
CLAIMS -MADE � OCCUR
PD Dedt: $1,000
85322 7
10/01/2020
10/01/2021
EACH OCCURRENCE
$120009000
PREMISES Ea RENTED
$ I OOLOOO
X
MED EXP (Any one person)
$5,000
PERSONAL & ADV INJURY
$1,000,000
GEN'L
AGGREGATE LIMITAPPLIESPER:
POLICY I XJ CST LOC
OTHER:
GENERAL AGGREGATE
s2,000,000
PRODUCTS -COMP/OP AGG
s2,000,000
A
AUTOMOBILE LIABILITY
X ANY AUTO
OWNED SCHEDULED
AUTOS ONLY AUTOS
X AUTOS ONLY X NON -OWNED
AUTOS ONLY
85322447
10/01/2020
10/01/2021
COaBcltleD SINGLE LIMITnt)
$190009000
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident)
$
PROPERTY DAMAGE
Per accident
$
B
X
UMBRELLA L1AB
EXCESS LIAB
X
occuR
CLAIMS -MADE
ZU PSI N 0489720 N F
10/01/2020
10/01/2021
EACH OCCURRENCE
$5,0009000
AGGREGATE
$590009000
DED I I RETENTION $
$
C
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y IN
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED? N
(Mandatory In NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
NIA
0001186139
10/01/2020
10/01/2021
X PER OTH-
STATUTE
E.L. EACH ACCIDENT
$19000,000
E.L. DISEASE - EA EMPLOYEE
$1,000,000
E.L. DISEASE -POLICY LIMIT
$1,000,000
DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required)
Res. IFB Solicitation #20=024 - Pavement Marking, Curb Painting Services and Related Services.
The General Liability and Auto policies include a blanket automatic Additional Insured endorsement that
provides Additional Insured status to the Certificate Holder (and other entities as required by the Prime
Contract), only when there Is a written contract that requires such status and only with regard to work
performed on behalf of the named Insured. The General Liability, Auto and Workers Compensation policies
(See Attached Descriptions)
CERTIFICATE HOLDER CANCELLATION
City of Round Rock
City Manager
221 E. Main St.
Round Rock, TX 78664
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03) 1 Of 2
#S29930818IM29925693
C 19884015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
DVPZP
SAGITTA 25.3 (2016/03) 2 of 2
#S29930818IM29925693
CERTIFICATE OF INTERESTED PARTIES FORM 1295
I of I -•
.*: : Complete Ncs.2-4.and 6 if there are interested parties, OFFICE USE QNLY
Complete Nos.1,�,3,5,and 6 if there are no interested paRies: CERTIFICATION t31;
•• • 1 Name of business entity filing farm,and the 0144 state and country ofi•the business entity's place • Certificate Numbers
of lausiness. 2O2O664696
Construction,inc.
Bertram,TX United States Date F ied:
. •
. • • 2 Name of goveentai entity or sate agentr that is a party to the contract for which the form is 09/04/2020
being filed:.. mm
City Of Round ROCk Date Acknowledged:
Provide the idet0l#cafion:number used by the governmental entity or state agency to track or identify the contract,and provide a
description at the services,goads,ar other property tQ be prouided under thQ eontrac#.
20-024
, - Pavement Marking,Curb Painting Services,and Related.Peoducts.. . *
Mature of interest
Name of Interested Rarty City,State,Country(place•of business) (chock applicab9e) •
Controlling Intermediary. •
Terry Bertram,TX United States 11111111111111111
111111111111111
1
.• •• • . • . ...-•• • • :
5 Check only if there iis NO Interested Party. a •
6 UNSWORN DECLARATION
My name is TTATr%.j and my date of birth is
Myaddressis332CR J� {.�-}r'�i.Yv� � TresX ._.�. —11,(p 05_
(street) (city) (state) (zip GOde) (country)
I declare under penalty bf perjury that the foregoing Is true and correct.
Executed in V.�-�+'��-�` County, State of ��,4��� .on the H day •
(month) (year)
" •.•.:
•:-•• ..• • .••
Signature of autho zed age i of Contracting•business entry
(Declar.nth
Forms provided by•Texas•Ethics Commission • www.ethics.statetx.us Version VLI.3a6aaf7c1
CERTIFICATE OF INTERESTED PARTIES FORM 1295
1 of 1
Complete Nos.1 4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: •
of business. 2020-664696
D.I.J.Construction, Inc.
Bertram,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 09/04/2020
being filed.
City of Round Rock Date Acknowledged:
10/01/2020
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
20-024
Pavement Marking,Curb Painting Services,and Related Products
Nature of interest
4
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
Nix,Terry Bertram,TX United States X
5 Check only if there is NO Interested Party. ❑
6 UNSWORN DECLARATION
My name is , and my date of birth is
My address is
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in County, State of ,on the day of ,20
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.3a6aaf7d