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Contract - Green Dream International - 9/9/2021CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF FLEXIBLE AGGREGATE MATERIALS WITH GREEN DREAM INTERNATIONAL LLC THE STATE OF TEXAS § CITY OF ROUND ROCK § COUNTY OF WILLIAMSON § COUNTY OF TRAVIS § KNOW ALL BY THESE PRESENTS: THAT THIS AGREEMENT for the purchase of flexible aggregate materials, and for related goods and services (referred to herein as the "Agreement"), is made and entered into on this the S day of the month of , 2021 by and between the CITY OF ROUND OCK, a Texas home -rule municipality, whose offices are located at 221 East Main Street, Round Rock, Texas 78664-5299 (referred to herein as the "City"), and GREEN DREAM INTERNATIONAL LLC, whose offices are located at 32 West 81h Street, Suite 607, Erie, Pennsylvania 16501 (referred to herein as the "Vendor"). RECITALS: WHEREAS, City desires to purchase flexible aggregate materials; and WHEREAS, City has issued its "Invitation for Bid" for the provision of said goods and services; and WHEREAS, City has determined the bid submitted by Vendor is the lowest responsible bid; and WHEREAS, the parties desire to enter into this Agreement to set forth in writing their respective rights, duties, and obligations; NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, it is mutually agreed between the parties as follows: 1.0 DEFINITIONS A. Agreement means the binding legal contract between City and Vendor whereby City agrees to buy specified services and Vendor is obligated to sell same. The Agreement includes the following: (a) City's Invitation for Bid, designated Solicitation Number 21-014 dated March 2021 ("IFB"); (b) Vendor's Response to IFB; and (c) any exhibits and/or addenda 00474819/ss2 T-0— U;q -4 ZLZ 16 thereto. Any inconsistencies or conflicts in the contract documents shall be resolved by giving preference in the following order: (1) This Agreement; (2) Vendor's Response to IFB; (3) City's Invitation for Bids, Addenda, 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 9 States or the State of Texas or any civil or military authority, insurrections, riots, epidemics, landslides, lightning,ng, earthquakes, fires, hurricanes, storms, floods, restraint of the ent 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. 2.0 EFFECTIVE DATE AND TERM A. This Agreement shall be effective on the date this Agreement has been signed by each party hereto, and shall remain i*n full force and effect unless and until it expires by operation of the term indicated herein, or is terminated or extended as provided herein. B. The term of this Agreement shall be for sixty (60) months from the effective date hereof. C. City reserves the right to review the relationship at any time, and may elect to terminate this Agreement with or without cause or may elect to continue. 3.0 CONTRACT DOCUMENTS AND EXHIBITS City selected Vendor to supply the services as outlined in the IFB; Addenda to IFB; and Response to IFB submitted by Vendor, all as specified in Exhibit "A," incorporated herein by reference for all purposes. The intent of these documents is to formulate an Agreement listing the responsibilities of both parties as outlined in the IFB and Addenda to IFB and as offered by Vendor in its Response to the IFB. 0) 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 1*f repeated herein in full. 4.0 ITEMS AWARDED AND SCOPE OF WORK Items Awarded. All bid items in "Attachment A - Bid Sheet' of Exhibit "A" are awarded to Vendor. Scope of Work.,* Vendor shall satisfactorily provide all services described in Exhibit "A," attached hereto, within the contract term specified in Section 2.0. Vendor's undertakings shall be limited to performing services for City and/or advising City concerning those matters on which Vendor has been specifically engaged. Vendor shall perform its services in accordance with this Agreement, in accordance with the appended exhibits, in accordance with due care, and in accordance with prevailing industry standards for comparable services. 590 COSTS A. In consideration for the services to be performed by Vendor, City agrees to pay Vendor the amounts set forth in "Attachment A — Bid Sheet"' of Exhibit "A." B. The City shall be authorized to pay the Vendor an amount not -to -exceed Three Hundred Thousand and No/100 Dollars ($300 000.00) for the term of this Agreement. 690 INVOICES All invoices shall include, at a minimum, the following information: A. Name and address of Vendore B. Purchase Order Number; co Description and quantity of items received or services provided; and co Delivery or performance dates. 7.0 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, 1*s 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. Other governmental entities within the State of Texas may be extended the opportunity to purchase off of the City 1) s bid, with the consent and agreement of the successful service 3 provider(s) and the City. Such agreement shall be conclusively inferred for the Vendor from lack of exception to this clause in the service provider's response. However, all parties hereby expressly agree that the City is not an agent of, partner to, or representative of those outside agencies or entities and that the City is not obligated or liable for any action or debts that may arise out of such independently -negotiated "piggyback" procurements. 8.0 NON -APPROPRIATION AND FISCAL FUNDING This Agreement is a commitment of City's current revenues only. It is understood and agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year if the governing body of City does not appropriate funds sufficient to purchase the services as determined by City's budget for the fiscal year in question. City may affect such termination by giving Vendor a written notice of termination at the end of its then current fiscal year. 9.0 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Vendor will be made within thirty (30) days of the day on which City receives the performance, supplies, materials, equipment, and/or deliverables, or within thirty (30) days of the day on which the performance of services was complete, or within thirty (30) days of the dayon which City receives a correct invoice for the performance and/or deliverables or services, whichever is later. Vendor may charge interest on an overdue payment at the "rate in effect' on September 1 of the fiscal year i*n which the payment becomes overdue, in accordance with V.T.C.A., Texas Government Code, Section 2251.025(b)-o however, this Policy does not apply to Payments made by City in the event: A. There is a bona fide dispute between City and Vendor, a contractor, subcontractor or supplier about the goods delivered or the service performed that cause the payment to be late; or Be The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or C. There is a bona fide dispute between Vendor and a subcontractor or between a subcontractor and its supplier about the goods delivered or the service performed that causes the payment to be late; or D. Invoices are not mailed to City in strict accordance with instructions, if any, on the purchase order or the Agreement or other such contractual agreement. 10.0 GRATUITIES AND BRIBES City may, by written notice to Vendor, cancel this Agreement without liability to Vendor if 1*t is determined by City that gratuities or bribes in the form of entertainment, gifts, or otherwise were offered or given by Vendor or its agents or representatives to any City officer, 4 employee or elected representative with respect to the performance of this Agreement. In addition, Vendor may be subject to penalties stated in Title 8 of the Texas Penal Code. 11.0 TAXES City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be included in Vendor's charges. 12.0 ORDERS PLACED WITH ALTERNATE VENDORS If Vendor cannot provide the goods as specified, City reserves the right and option to obtain the products from another supplier or suppliers. 13.0 INSURANCE Vendor shall meet all insurance requirements set forth in Part II of IFB 21-014 and on the City's website at: https://www.roundrocktexas.gov/wp-content/u loads/2014/12/corr insurance 07.20112.pdf 14.0 CITY'S REPRESENTATIVES City hereby designates the following representatives authorized to act in its behalf with regard to this Agreement: Brandon Rainer Logistics Officer 3400 Sunrise Road Round Rock, Texas 78665 512-218-5570 brainer(4e,roundrocktexas. gov 15.0 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. 16.0 DEFAULT If Vendor abandons or defaults under this Agreement and is a cause of City purchasing the specified goods elsewhere, Vendor agrees that it may be charged the difference in cost, if any, and that it will not be considered in the re -advertisement of the service and that it may not be considered in future bids for the same type of work unless the scope of work is significantly changed. Wi Vendor shall be declared in default of this Agreement if it does any of the following: A. Fails to make any payment in full when due; Be Fails to fully, timely and faithfully perform any of its material obligations under this Agreement; C. Fails to provide adequate assurance of performance under the "Right to Assurance" section herein; or D. Becomes insolvent or seeks relief under the bankruptcy laws of the United States. 17.0 TERMINATION AND SUSPENSION A. City has the right to terminate this Agreement, in whole or in part, for convenience and without cause, at any time upon thirty (30) days' written notice to Vendor. B. In the event of any default by Vendor, City has the right to terminate this Agreement for cause, upon ten (10) days' written notice to Vendor. C. Vendor has the right to terminate this Agreement only for cause, that being in the event of a material and substantial breach by City, or by mutual agreement to terminate evidenced i*n writing by and between the parties. D. In the event City terminates under subsections (A) or (B) of this section, the following shall apply: Upon City's delivery of the referenced notice to Vendor, Vendor shall discontinue all services in connection with the performance of this Agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such orders and contracts are chargeable to this Agreement. Within thirty (30) days after such notice of termination, Vendor shall submit a statement showing in detail the goods and/or services satisfactorily performed under this Agreement to the date of termination. City shall then pay Vendor that portion of the charges, if undisputed. The parties agree that Vendor is not entitled to compensation for services it would have performed under the remaining term of the Agreement except as provided herein. 18.0 INDEMNIFICATION Vendor shall defend (at the option of City), indemnify, and hold City, its successors, assigns, officers, employees and elected officials harmless from and against all suits, actions, legal proceedings, claims, demands, 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 Vendor, or Vendor's agents, employees or subcontractors, in the performance of Vendor's obligations under this Agreement, no matter how, or to whom, such loss may occur. Nothing herein shall be deemed to limit the rights of City or Vendor (including, but not limited to the right to seek contribution) against any third party who may be liable for an indemnified claim. 6 19.0 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES A. Vendor, its agents, employees and subcontractors shall use best efforts to comply with all applicable federal and state laws, the Charter and Ordinances of the City of Round Rock, as amended, and with all applicable rules and regulations promulgated by local, state and national boards, bureaus and agencies. B. In accordance with Chapter 227 1, 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) and will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of Vendor verifies that Vendor does not boycott Israel and will not boycott Israel during the term of this Agreement. 20.0 ASSIGNMENT AND DELEGATION The parties each hereby bind themselves, their successors, assigns and legal representatives to each other with respect to the terms of this Agreement. Neither party shall assign, sublet or transfer any interest in this Agreement without prior written authorization of the other party. 21.0 NOTICES All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows: 1. When delivered personally to the recipient's address as stated in this Agreement; or 2. Three (3) days after being deposited in the United States mail, with postage prepaid to the recipient's address as stated in this Agreement. Notice to Vendor: Green Dream International LLC 32 West 8'h Street, Suite 607 Erie, Pennsylvania 16501- Notioce to City: City Manager Stephan L. Sheets, City Attorney 221 East Main Street AND TO: 309 East Main Street Round Rock, TX 78664 Round Rock, TX 78664 Nothing contained herein shall be construed to restrict the transmission of routine communications between representatives of City and Vendor. 22.0 APPLICABLE LAW; ENFORCEMENT AND VENUE This Agreement shall be enforceable in Round Rock, Texas, and 1*f 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. 23.0 EXCLUSIVE AGREEMENT This document,, and all appended documents, constitutes the entire Agreement between Vendor and City. This Agreement may only be amended or supplemented by mutual agreement of the parties hereto in writing, duly authorized by action of the City Manager or City Council. 24.0 DISPUTE RESOLUTION City and Vendor hereby expressly agree that no claims or disputes between the parties arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9 USC Section I - 14) or any applicable state arbitration statute. 25.0 SEVERABILITY The invalidity,illegall*ty, or unenforceabl*11*ty of any provision of this Agreement or the occurrence of any event rendering any portion or provision of this Agreement void shall 1*n no way affect the validity or enforceability of any other portion or provision of this Agreement. Any void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion or provision held to be void. The parties further agree to amend this Agreement to replace any 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 1*s of the essence of this Agreement be determined void. 26.0 MISCELLANEOUS PROVISIONS Standard of Care. Vendor represents that it employs trained, experienced and competent persons to perform all of the services, responsibilities and duties specified herein and that such services, responsibilities and duties shall be performed i*n a manner according to generally accepted industry practices. Tiimes of the Essence. Vendor understands and agrees that time i*s of the essence and that any failure of Vendor to fulfill obligations for each portion of this Agreement within the agreed ti eframes will constitute a material breach of this Agreement. Vendor shall be fully responsible for its delays or for failures to use best efforts in accordance with the terms of this Agreement. Where damage is caused to City due to Vendor's failure to perform in these circumstances, City may pursue any remedy available without waiver of any of Ci*ty's additional legal rights or remedies. 8 Force Majeure. Neither City nor Vendor shall be deemed in violation of this Agreement if it is prevented from performing any of its obligations hereunder by reasons for which it is not responsible as defined herein. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. Multiple Counterparts. This 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 Vendor have executed this Agreement on the dates indicated. City of Round Rock, Texas By: Prin Tith Dat( Attest: 40 By: _at7 Ka4t'--�w Sara L. White, City Clerk For City, p ved as to For t: By: L .0 . Stephan L. Sheets, City Attorney Green Dream International LLC By: Printed Name: Eman Radha Title: Owner - Member Date Signed: 9 July 16,2021 Exhibit "A" :K TEXAS City of Round Rock, Texas Purchasing Division 221 East Main Street Round Rock, Texas 78664-5299 www. rou n d rocktexas. qov INVITATION FOR BID (IFB) FLEXIBLE AGGREGATE MATERIALS SOLICITATION NUMBER 21=014 MARCH 2O21 City of Round Rock Exhibit "A" Flexible Aggregate Materials IFB 21-014 Class/Item: 750-52 & 750-56 MARCH 2O21 FLEXIBLE AGGREGATE MATERIALS PART I GENERAL REQUIREMENTS 1. PURPOSE: The City of Round Rock, herein after "the City" seeks a bid from firms experienced in providing flexible aggregate materials. 2. BACKGROUND: The City has a need for flexible aggregate materials that comply with the Texas Department of Transportation (TxDOT) specifications that is readily available on an as -needed basis for delivery to the City or pick up at the Contractor's location. 3. SOLICITATION PACKET: This solicitation packet is comprised of the following - 4. 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) 7-9 Part IV — Specifications Page 10 Attachment A — Bid Sheet Page 11 Attachment B — Reference Sheet Page 12 AUTHORIZED PURCHASING CONTACT(S): For questions or clarification of specifications, you may contact: Allen Reich Purchaser Purchasing Division City of Round Rock Phone: 512-218-6682 E-mail: areich(a)-roundrocktexas.gov Amanda Crowell Purchasing Division City of Round Rock Phone: 512-218-5458 E-mail: acrowell(a�roundrocktexas.gov The individual(s) listed above is/are the only authorized City contact(s) 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. 5. SCHEDULE OF EVENTS: It is the City 's intention to follow the solicitation timeline below. EVENT DATE Solicitation released March 11, 2021 Deadline for submission of questions March 25, 2021 @ 5:00 PM, CST City responses to questions or addendums Approximately March 29, 2021 @ 5:00 PM, CST Deadline for submission of responses April 1, 2021 @ 3:00 PM, CST Page 2 of 12 City of Round Rock Exhibit "A" Flexible Aggregate Materials IFB 21-014 Class/Item: 750-52 & 750-56 MARCH 2O21 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 6. 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. 7. 8. RESPONSE DUE DATE: Signed and sealed responses are due at or before 3:00 PM, on the due date noted in PART I, Section 5 — Schedule of Events. Mail or hand deliver sealed responses to: City of Round Rock Attn: Allen Reich 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. 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 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. Page 3 of 12 City of Round Rock Flexible Aggregate Materials IFI3 21m014 Class/Item: 750m52 & 750m56 MARCH 2O21 Exhibit "A" ci Attachment An. 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 disgualification. 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 Be. 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. 9. 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. Be 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 Iong-term cost to the City to acquire the Respondents 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. 10. 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. Be 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. 11. 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. 12. 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 Page 4 of 12 City of Round Rock Exhibit "A" Flexible Aggregate Materials IFB 21-014 Class/Item: 750-52 & 750-56 MARCH 2O21 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 12 City of Round Rock Exhibit "A" Flexible Aggregate Materials IFB 21-014 Class/Item: 750-52 & 750-56 MARCH 2O21 PART II 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 12 City of Round Rock Exhibit "A " Flexible Aggregate Materials IFB 21=014 Class/Item: 750-52 & 750-56 MARCH 2O21 PART III SUPPLEMENTAL TERMS AND CONDITIONS is 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 120 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 flexible aggregate materials 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. 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. 4. 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. Page 7 of 12 City of Round Rock Exhibit "A" Flexible Aggregate Materials IFB 21-014 Class/Item: 750-52 & 750-56 MARCH 2O21 5. 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. 6. PRICE INCREASE: Contract prices for flexible aggregate materials 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 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. 7. PERFORMANCE REVIEW: The City reserves the right to review the awarded respondent(s) performance at any time during the contract term. 8. 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. 9. 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. 10. 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. Page 8 of 12 City of Round Rock Exhibit "A" Flexible Aggregate Materials IFB 21-014 Class/Item: 750-52 & 750-56 MARCH 2O21 11. AWARD: The City reserves the right to enter into an Agreement or a Purchase Order with a single award, split award, primary and secondary award, non -award, or use any combination that best serves the interest and at the sole discretion of the City. Respondents to the solicitation will be notified when City staff recommendation of award has been made. The award announcement will be posted to the City's website at https://www.roundrocktexas.gov/businesses/solicitations/ once City Council has approved the recommendation of award and the agreement has been executed. 12. POST AWARD MEETING: The City and successful Respondent(s) may have a post award meeting to discuss, but not be limited to the following: A. The method to provide a smooth and orderly transition of services performed from the current contractor. B. Provide City contact(s) information for implementation of agreement. C. Identify specific milestones, goals and strategies to meet objectives. 13. POINT OF CONTACT / DESIGNATED REPRESENTATIVE: A. Contractor's point of contact: In order to maintain consistent standards of quality work performed across the City, the City shall be provided with a designated and identified point of contact upon award of the contract to include contact information. The City's designated representative shall be notified by the Respondent immediately should the point of contact change. B. The City's designated representative: Brandon Rainer Logistics Officer Utilities & Environmental Services Phone: 512-639-3046 E-mail: brainer(&roundrocktexas.gov 14. INTERLOCAL PURCHASING AGREEMENTS: A. The City has entered into Interlocal Agreements with other Governmental agencies pursuant to the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code. The Contractor agrees to offer the same price and terms and conditions to other eligible agencies that have an interlocal agreement with the City. B. The City does not accept any responsibility or liability for the purchases by other government agencies through an interlocal cooperative agreement Pale 9 of 12 City of Round Rock Exhibit "A" Flexible Aggregate Materials IFB 21-014 Class/Item: 750-52 & 750-56 MARCH 2O21 PART IV SPECIFICATIONS 1. PURPOSE: The City has a need for flexible aggregate materials for waterline maintenance and roadway surface treatments. 2. MATERIAL SPECIFICATIONS: The City requires that materials shall be: A. TxDOT flexible (unbound) base material B. Item 247, Type A, Grade 2, Grade 5, and/or city/county base as requested. C. Comply with TxDOT specifications within the following link https://ftp.txdot.gov/pub/txdot- info/des/specs/specbook. pdf D. Alternate products will not be considered. 3. SERVICE REQUIREMENTS: The Contractor shall - A. Provide access to the pick-up location since the City will predominantly pick-up the material in a 12 yd3 dump truck. B. At the City's request, deliver flexible aggregate materials to the following location: 901 Luther Peterson Place Round Rock, Texas 78665 C. Delivery must take place during the City's regular business hours of 8:OOAM — 4:OOPM CST unless otherwise agreed upon at the time the PO is issued. 4. CITY RESPONSIBILITIES: The City will - A. Issue a formal City PO for the flexible aggregate materials requested. B. Coordinate pick-up of materials in a City 12 yd dump truck, as needed. C. Coordinate delivery with the Contractor, as needed. D. Be responsible for inspecting delivered materials for conformance. Page 10 of 12 City of Round Rock Exhibit "A" Flexible Aggregate Materials IFB 21-014 Class/Item: 750-52 & 750-56 MARCH 2O21 ATTACHMENT A BID SHEET 1. ATTACHMENT A — BID SHEET is posted in Solicitation Documents for IFB 21-014 Flexible Aggregate Materials 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 Section 5 — 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://roundrocktxvendors.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 11 of 12 Attacl&YA1tWt Mtheet Flexible Aggregate Materials IFB 21-014 The Respondent represents by their signature below that they are submitting a binding offer and are authorized to bind the respondent to fully comply with the solicitation documents contained in IFB 21-014 Aggregate Materials. 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 jeopardize acceptance of the bid. Alternative bids will not be considered and unauthorized modifications to the bid sheet format will result in 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 Aggregate TxDOT Item 247, Type A, Grade 2 Tested Super Flex 1 Base. 5000 TONS $12.06 $60,300.00 Delivered To: 910 Luther Peterson Place; Round Rock, Texas 78665 Aggregate TxDOT Item 247, Type A, Grade 2 Tested Super Flex 2 Base. 5000 TONS $6.96 $34,800.00 Picked up at Contractor location. Aggregate TxDOT Item 247, Type A, Grade 5: 3/8" - 7 Mesh, Type 3 F. Delivered To: 910 Luther Peterson PI ce; Roun R a d ock, Texas 5000 TONS $15.74 $78,700.00 78665 Aggregate TxDOT Item 247, Type A, Grade 5: 3/8" - 7 Mesh, Type 4 F. 5000 TONS $10.70 $53,500.00 Picked up at Contractor location. $227,300.00 Total: Green Dream International LLC COMPANY NAME: SIGNATURE OF AUTHORIZED REPRESENTATIVE: ' Varand Vartanian, President PRINTED NAME: PHONE NUMBER: EMAIL ADDRESS: 814-616-7800 info pdicompany.coom 1 of 1 City of Round Rock Flexible Aggregate Materials 11713 21-014 Class/Item: 750m52 & 750-56 MARCH 2O21 Exhibit "A" ATTACHMENT B REFERENCE SHEET PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE SOLICITATION NUMBER: IFB 21-014 RESPONDENT'S NAME: Green Dream International LLC DATE: April 1, 2021 Provide the name, address, telephone number and E-MAIL of at least three (3) valid Mun41 icipal, Government agencies or firms of comparable size that have utilized services that are similar in type and capacity within the last two (2) years. City of Round Rock references are not applicable,, References may be checked prior to award. If references cannot be confirmed or if any negative responses are received it may result in the disqualification of submittal,. 1,, Company's Name MICC an FT MCCOY Name of Contact rharles Hilt Title of Contact Functional POC EaMaIll Address char1es.a.hi1t.ci'9v@ma1*1. 1,819 Present Address MICC - FT MCCOY BLDG 1108 SOUTH R ST City, State, Zip Code FORT MCCOY---WI 54656-5153 Telephone Number ( 608)388,m5209 Fax Number. ( ) 2. Company's Name Department of Purchasing and Contracting Name of Contact Felicia Baugh Title of Contact DWM Warehouse Supervisor EnMaell Address fmbaugh@dekalbcountyga.gov Present Address 1300 Commen:,c Drive. 2 Flooro Decatur. City, State, Zip Code Georgia 30030 Telephone Number ( 7704414-2364 Fax Number: ( ) I Company's Name RFP 11432 - SPANISH OAKS SUBSTATION Leander, TX Name of Contact Kelly Mikulin Title of Contact Category Manager E=Mal*l Address Ke11y.M1*ku1in@1cra.org Present Address Lower Colorado River Authority 3700 Lake Blvd City, State, Zip Code -Austin Austin TX 78703 Telephone Number ( 512)578- 1582 Fax Number: ( ) FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD. Page 12 of 12 ACC>REP� CERTIFICATE OF LIABILITY INSURANCE FDATE(MM/DDNriY) 04/30/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Dana Hansen NAME: Brown & Brown Insurance Agency of Virginia, Inc. ac No exe : (703) 361-3191 FAX No : (703) 361-5182 ki6 11220 Assett Loop Suite 304 E" AIL dhansen@bbdcmetro.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # Manassas VA 20109 FINSURERA: Selective Insurance Company of America 12572 INSURED INSURER s ; Accident Fund Insurance Company of America 10166 GREEN DREAM INTERNATIONAL, LLC INSURER C 32 W 8TH ST INSURER D SUITE 607 INSURER E ERIE PA 16501-1338 INSURERF: COVERAGES CERTIFICATE NUMBER: CL209960038 REVISION Nl1MBER� 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 TYPE OF INSURANCE INSD VWD POLICY NUMBER(MM/DD/YYYY)/YYYY POLICY EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR S 2403171 09/28/2020 09/28/2021 EACH OCCURRENCE $ 190009000 MAGE TO RENTED PREMISES(Ea occurrence) 500,000 g MED EXP (Any one person) g 159000 PERSONAL & ADV INJURY $ 190009000 GEN'LAGGREGATE X LIMIT APPLIES PER: POLICY PRO- LOC OTHER: GENERAL AGGREGATE $ 290009000 RPODUCTS -COMP/OP AGG 290009000JECT $ $ A AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS X HIRED XNON-OWNED AUTOS ONLY AUTOS ONLY S 2403171 09/28/2020 09/28/2021 COMBINED SINGLE LIMIT (Ea accident $ 190009000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ A X UMBRELLA LIAB EXCESS LIAR X OCCUR CLAIMS -MADE S 2403171 09/28/2020 09/28/2021 EACH OCCURRENCE $ 290009000 AGGREGATE $ 290009000 DED X RETENTION $ •00 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YYN OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A WCV6202162 12/25/2020 12/25/202, X SPER TATUTE ERH E.L. EACH ACCIDENT $ 190009000 E.L. DISEASE - EA EMPLOYEE 190009000 $ E.L. DISEASE -POLICY LIMIT 190009000 $ DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Round Rock, TX Purchasing Division ACCORDANCE WITH THE POLICY PROVISIONS. 221 East Main Street AUTHORIZED REPRESENTATIVE Round Rock TX 78664 I � �woo O 1988=2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD CERTIFICATE OF INTERESTED PARTIES FORM 1295 10fl Complete Nos. i - 4 and 6 if there are interested parties, OFFICE USE ONLY Complete Nos. 1, 21 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. 2021ew781424 Green Dream International LLC Erie, PA United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 07/21/2021 being filed. Purchases City of Round Rock Purchasing Office TX gate Acknowledged: g 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. IFB 21-014 Flexible Aggregate Materials for the City of Round Rock. 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X 6 UNSWORN DECLARATION My name is Varand Vartanian ,and my date of birth is My address is 32 W. 8th St. suite no 607 Erie PA 16501 USA �9 (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Erie County, State of PA , on the. 21 day of JU'Y 20 21 (month) (year) Varand Vartanian /Presiden Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us version via.cettcwtia CERTIFICATE OF INTERESTED PARTIES FORM 1295 10fl Complete Nos. i - 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. i, 21 31 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. 2021-781424 Green Dream International LLC Erie, PA United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 07/21/2021 being filed. Purchases City of Round Rock Purchasing Office TX Date Acknowledged: 07/28/2021 g 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. IFB 21-014 Flexible Aggregate Materials for the City of Round Rock. 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. MX 6 UNSWORN DECLARATION My name is ,and my date of birth is My address is �1 - It (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 via.cettaq8a