R-2022-050 - 2/10/2022 RESOLUTION NO. R-2022-050
WHEREAS, the City of Round Rock ("City") has duly advertised for bids to Purchase traffic
signal poles and for related goods and services; and
WHEREAS, KLP Construction Supply has submitted the lowest responsible bid; and
WHEREAS, the City Council wishes to accept the bid of KLP Construction Supply, Now
Therefore
BE IT RESOLVED BYTHE COUNCIL OFTHE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute oil behalf' of' the City an
Agreement for Purchase of Traffic Signal Poles with KLP Construction Supply, a copy of said
Agreement being attached hereto as Fxhibil "A" and incorporated herein.
The City Council hereby finds and declares that written notice of' the date, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all times during which this Resolution and the subject matter
hereofwere discussed, considered and formally acted upon, all as required by the Open Meetings Act,
Chapter 55 1, Texas Government Code, as amended.
RESOLVED this 10th day of February, 2022.
CR A 1 4(,'j' SRC Mayor
Jun
, (, V
oc�, Texas City ol"Roun , ock, Texas
ATTEST�
411��"�VI ,J6 A"
MEAGAN I INKS, C4 Clerk
0112 20-122,4:895-7578-H5"5'
EXHIBIT
r"A"
CITY OF ROUND ROCK AGREEMENT FOR
PURCHASE OF TRAFFIC SIGNAL POLES
WITH
KLP CONSTRUCTION SUPPLY
THE STATE OF TEXAS §
CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS:
§
COUNTY OF WILLIAMSON §
COUNTY OF TRAVIS §
THAT THIS AGREEMENT for the purchase of traffic signal poles,and for related goods
and services (referred to herein as the "Agreement"), is made and entered into on this the
day of the month of , 2022 by and between the CITY OF ROUND ROCK, a
Texas home-rule municipality, whose offices are located at 221 East Main Street, Round Rock,
Texas 78664-5299 (referred to herein as the "City"), and KLP CONSTRUCTION SUPPLY,
whose offices are located at 18013 Vorwerk Road, Manor, Texas 78653-3914 (referred to herein
as the"Vendor").
RECITALS:
WHEREAS, City desires to purchase traffic signal poles; and
WHEREAS, City has issued its"Invitation for Bid"for the provision of said goods; and
WHEREAS, City has determined the bid submitted by Vendor is the lowest responsible
bidder; 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 goods and/or services and Vendor is obligated to sell same. The
Agreement includes the following: (a) City's Invitation for Bid, designated Solicitation Number
22-012 dated October 2021 ("IFB"); (b) Vendor's Response to IFB; and (c) any exhibits and/or
addenda thereto. Any inconsistencies or conflicts in the contract documents shall be resolved by
giving preference in the following order:
4870-5173-4537Jss2
(1) This Agreement;
(2) Vendor's Response to IFB;
(3) City's IFB,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 Agree nent are affixed.
D. Force Majeure means acts of God, strikes, lockouts, or other industrial
disturbances, acts of the public enemy, orders of any kind from the government of the United
States or the State of Texas or any civil or military authority, insurrections, riots, epidemics,
landslides, lightning, earthquakes, fires, hurricanes, storms, floods, restraint of the government
and the people, civil disturbances, explosions, or other causes not reasonably within the control
of the party claiming such inability.
E. Goods and services mean the specified services, supplies, materials,
commodities or equipment.
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 in full force and effect unless and until it expires by operation
of the term ir dicated herein or is terminated or extended as provided herein.
B. The term of this Agreement shall be until all goods have been delivered, inspected
and accepted by the City.
3.0 CON FRACT DOCUMENTS AND EXHIBITS
City elected Vendor to supply the goods 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.
The goods 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.
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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 goods and any related services
described in Exhibit "A," attached hereto, within the contract term specified in Section 2.0.
Vendor's undertakings shall be limited to providing goods for City and/or advising City
concerning those matters on which Vendor has been specifically engaged. Vendor shall perform
any services in accordance with this Agreement, in accordance with the appended exhibits, in
accordance with due care, and in accordance with prevailing industry standards for comparable
services.
5.0 COSTS
A. In consideration for the goods to be provided 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 Sixty-
Nine Thousand Four Hundred Seventy and No/100 Dollars ($69,470.00) for the term of this
Agreement.
6.0 INVOICES
All invoices shall include,at a minimum, the following information:
A. Name and address of Vendor;
B. Purchase Order Number;
C. Description and quantity of items received or services provided; and
C. 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, 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.
Other governmental entities within the State of Texas may be extended the opportunity to
purchase off of the City's bid, with the consent and agreement of the successful vendor(s) and
the City. Such agreement shall be conclusively inferred for the Vendor from lack of exception to
this clause in the Vendor's response. However, all parties hereby expressly agree that the City is
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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 govern ng body of City does not appropriate funds sufficient to purchase the goods and/or
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 PRO PT PAYMENT POLICY
In ac ordance 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, ma trials, equipment, and/or deliverables, or within thirty (30) days of the day on
which the pe ormance of services was complete, or within thirty (30) days of the day on which
City receives a correct invoice for the performance and/or deliverables or services, whichever is
later. Vendor may charge interest on an overdue payment at the "rate in effect" on September I
of the fiscal ear in which the payment becomes overdue, in accordance with V.T.C.A., Texas
Government Code, Section 2251.025(b); however, this Policy does not apply to payments made
by City in the event:
A. There is a bona fide dispute between City and Vendor, a contractor, subcontractor
or supplier about the goods delivered or the service performed that cause the
payment to be late; or
B. 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 GRA UITIES AND BRIBES
City may, by written notice to Vendor, cancel this Agreement without liability to Vendor
if it is determined by City that gratuities or bribes in the form of entertainment, gifts, or
otherwise were offered or given by Vendor or its agents or representatives to any City officer,
employee or elected representative with respect to the performance of this Agreement. In
addition, Vendor may be subject to penalties stated in Title 8 of the Texas Penal Code.
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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 22-012 and on the
City's website at:
https://www.roundrocktexas.gov/wp-content/uploads/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:
Matthew Bushak
Engineer- Principal
3400 Sunrise Road
Round Rock,Texas 78665
512-230-8714
mbushak u,roundrocktexas. og_v
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.
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Vend r 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;
B. 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 TE INATION AND SUSPENSION
A. Either party 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 the other
party
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 also has the right to terminate this Agreement for cause, that being in the
event of a material and substantial breach by City, or by mutual agreement to terminate
evidenced in writing by and between the parties.
D. In the event City terminates under subsections (A) or (B) of this section, the
following sh Il 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 tc 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 u disputed. 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 AND LIABILITY
Vend r 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 proceec1 Ings, claims, demands, damages, costs, expenses, attorney's fees, and any and all
other costs oi 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 li it 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.
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Notwithstanding the foregoing, the extent of Vendor's liability under this provision shall
be expressly limited to damage, injuries or losses caused by the acts or omissions of Vendor
(including the acts or omissions of Vendor's subcontractors and suppliers). The parties further
agree that the extent of Vendor's liability and duty to defend pursuant to this said indemnity
section shall be expressly limited to damages, losses, litigation expenses and costs, and
attorneys' fees directly resulting from or caused by the acts or omissions of the Vendor
(including the acts or omission of Vendor's subcontractors and suppliers).
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 2271,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:
KLP Construction Supply
18013 Vorwerk Road
Manor,Texas 78653-3914
7
Notice 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
communicate ns between representatives of City and Vendor.
22.0 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, exclu ive 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 EXC LUSIVE AGREEMENT
This ocument, 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 o or relating to this Agreement or a breach thereof shall be decided by any arbitration
proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9
USC Section 1-14)or any applicable state arbitration statute.
25.0 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 th 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 con trued and enforced as if this Agreement did not contain the particular portion or
provision he d 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 voidshould a provision which is of the essence of this Agreement be determined void.
26.0 MIS ELLANEOUS PROVISIONS
Stand and of Care. Vendor represents that it employs trained, experienced and
competent persons to perform all of the services, responsibilities and duties specified herein and
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that such services, responsibilities and duties shall be performed in a manner according to
generally accepted industry practices.
Time is of the Essence. Vendor understands and agrees that time is of the essence and
that any failure of Vendor to fulfill obligations for each portion of this Agreement within the
agreed timeframes will constitute a material breach of this Agreement. Vendor shall be fully
responsible for its delays or 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 City's additional
legal rights or remedies.
Force Majeure. Neither City nor Vendor shall be deemed in violation of this Agreement
if it is prevented from 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 KLP Construction Supply
By: By: 29� e
Printed Name: Printed Name: Nathali Parker
Title: Title: CEO
Date Signed: Date Signed: 01124/22
Attest:
By:
Meagan Spinks,City Clerk
For City,Approved as to Form:
By:
Stephan L. Sheets, City Attorney
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Exhibut "A"
TEXASROUND ROCK
PURCHASING 1111JNSMN'
City of Round Rock, Texas
Purchasing Division
221 East Main Street
Round Rock, Texas 76 -5299
www.round,rocktexas.qov
INVITATION I
TRAFFICIG
SOLICITATION NUMBER
OCTOBER2021
Exhibit "A"
City of Round Rock
Traffic Signal Poles
IFB 22-012
Class/Item: 550-85/560-05
OCTOBER 2021
TRAFFIC SIGNAL POLES
PART I
GENERAL REQUIREMENTS
1. PURPOSE: The City of Round Rock, herein after"the City"seeks a bid from firms experienced in providing
traffic signal poles, mast arms, and associated parts. This solicitation is for equipment only and does not
include installation.
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 Page 6
Requirements
Part III—Supplemental Terms and Conditions Page(s)7-8
Part IV—Specifications Page(s)9
Attachment A—Bid Sheet Page 10&Separate
Attachment
Attachment B—Reference Sheet Page 11
Attachment C—Traffic Signal Pole Specifications Separate Attachment
3. AUTHORIZED PURCHASING CONTACT(S): For questions or clarification of specifications,you may
contact:
Adam Gagnon
Purchaser
Purchasing Division
City of Round Rock
Phone: 512-218-5456
E-mail: agagnonCa)roundrocktexas.aov
The individual(s) listed above is/are the only authorized City contact(s)for this solicitation.The authorized
purchasing contact(s)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.
4. SCHEDULE OF EVENTS: It is the City's intention to follow the solicitation timeline below.
EVENT DATE
Solicitation released October 28, 2021
Deadline for submission of questions November 8, 2021 @ 5:00 PM, CST
City responses to questions or addendums Approx. November 10,2021 @ 5:00 PM, CST
Deadline for submission of responses November 18, 2021 @ 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:
hftps://www.roundrocktexas.gov/city-businesses/solicitations/
Page 2 of I 1
Exhibit "A"
City of Round Rock
Traffic Signal PolE s
IFB 22-012
Class/Item: 550-8 /560-05
OCTOBER 2021
Questions shall be submitted in writing to the"Authorized Purchasing Contact". The City reserves the right
to modify th se dates. Notice of date change will be posted to the City's website:
htts://www round rocktexas. ov/cit -businesses/solicitations/
S. SOLICITAT ON UPDATES: Respondents shall be responsible for monitoring the City's website at
htt s://www roundrocktexas. ov/ci -businesses/solicitations/for any updates pertaining to the solicitation
described herein.Various updates may include addendums,cancellations, notifications, and any other
pertinent inf Drmation necessary for the submission of a correct and accurate response. The City will not be
held respon aible for any further communication beyond updating the website.
6. RESPONSDUE DATE: Signed and sealed responses are due at or before 3:00 PM, on the due date
noted in PA T I, Section 4—Schedule of Events. Mail or hand deliver sealed responses to:
City of ound Rock
Attn:A am Gagnon
Purcha Ing Department
221 E. ain Street
Round Rock,Texas 78664-5289
A. Sealed responses shall be clearly marked on the outside of packaging with the Solicitation title,
number due date,and"DO NOT OPEN".
B. Facsimi a or electronically transmitted responses are not acceptable.
C. Respon es cannot be altered or amended after opening.
D. No resp nse can be withdrawn after opening without written approval from the City for an acceptable
reason.
E. The Clwill not be bound by any oral statement or offer made contrary to the written specifications.
F. Sample and/or copies shall be provided at the Respondent's expense and shall become the property
of the C ty.
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 rE sponse on a flash drive. An electronic signature on the"original"solicitation response is
acceptable but any resulting contract shall be signed in ink. The submittal is required to include all
addendums and requested attachments. The bid response along with samples and/or copies shall be
provided at I he 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 thatl the City will not pay for any administrative costs incurred in response preparation to this IFB; all
costs assoc ted with responding to this IFB will be solely at the interested parties'expense. Not responding
to this IFB d es not preclude participation in any future RFP/RFQ/IFB.
For our bi to be res onsive addendums and the attachments identified below shall be submitted
with your Oonosall.
o Addend ums:Addendums may be posted to this solicitation. Bidders are required to submit signed
addendt ms with their sealed response. The Bidder shall be responsible for monitoring the City's
website at https://www.roundrocktexas.aov/city-businesses/solicitations/for any updates pertaining to
the solic tation.
o Attach entA: BID SHEET:The bid response shall be submitted on the itemized, signed Bid Sheet
providec in the solicitation packet. Failure to complete and sign the bid sheet will result in
disqualif cation. If there is a conflict between the unit price and extended price,the unit price will take
precede ice. Submission of responses on forms other than the City's solicitation document may result in
disqualif cation of the response.
Page 3 of 11
Exhibit "A"
City of Round Rock
Traffic Signal Poles
IFB 22-012
Class/Item: 550-85/560-05
OCTOBER 2021
❑ Attachment B: REFERENCE SHEET: Provide the name, address,telephone number and E-MAIL of at
least three(3)valid Municipal, Government agencies, or firms of comparable size that have utilized
services that are similar in type and capacity within the last two(2)years. City of Round Rock
references are not applicable. References may be checked prior to award. If references cannot be
confirmed or if any negative responses are received it may result in the disqualification of submittal.
8. BEST VALUE EVALUATION AND CRITERIA: The City reserves the right to reject any or all responses, or
to accept any response deemed most advantageous, or to waive any irregularities or informalities in the
response received that best serves the interest and at the sole discretion of the City.All solicitations
received may be evaluated based on the best value for the City. In determining best value,the City may
consider:
A. Purchase price.
B. Reputation of Respondent and of Respondent's goods and services.
C. Quality of the Respondent's goods and services.
D. The extent to which the goods and services meet the City's needs.
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.
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:
httos://www.ethics.state.tx.us/whatsnew/elf info forml295.htm
12. EX PARTE COMMUNICATION: Please note that to insure the proper and fair evaluation of a bid,the City
of Round Rock prohibits ex parte communication(e.g., unsolicited) initiated by the Bidder to the City
Official, Employee, City Consultant,or Evaluation Team member evaluating or considering the bids prior to
Page 4 of 1 I
Exhibit "A"
City of Round Rock
Traffic Signal Poles
IFB 22-012
Class/Item: 550-8 !560-05
OCTOBER 2021
the time a bid decision has been made. Communication between Bidder and the City will be initiated by the
appropriate City Official or Employee in order to obtain information or clarification needed to develop a
proper and accurate evaluation of the bid. Ex parte communication maybe grounds for disqualifying the
offending Bi Jder from consideration or award of the bid then in evaluation, or any future bid.
Page 5 of 1 l
Exhibit "A"
City of Round Rock
Traffic Signal Poles
IFB 22-012
Class/Item: 550-85/560-05
OCTOBER 2021
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 and 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. In addition,the Supplemental Terms and Conditions listed in Section III, shall
also be enforced as part of the contract, and can be obtained from the City's website at:
hftps://www.roundrocktexas.gov/city-departments/purchasing/
2. INSURANCE: Insurance does not apply to this solicitation.
Page 6 of I 1
Exhibit "A"
City of Round Rock
Traffic Signal Poles
IFB 22-012
Class/Item: 550-8 /560-05
OCTOBER 2021
PART III
SUPPLEMENTAL TERMS AND CONDITIONS
1. AGREEMENT TERM: The terms of the awarded agreement shall begin from date of award and shall
remain in fu I force until all items have been delivered, inspected,and accepted by City staff.
2. RESPOND NTQUALIFICATIONS:The City has established the following minimum qualifications.
Responden s who do not meet the minimum qualifications will not be considered for award.The
Responden shall:
A. Be firms, corporations, individuals, or partnerships normally engaged in providing traffic signal poles as
specifie I herein and have adequate organization,facilities, equipment,financial capability,and
personr el to ensure prompt and efficient service to the City.
B. 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 p ocurement process.
3. SUBCONTRACTORS: Respondent shall not subcontract or otherwise engage subcontractors to perform
required sei rices. The City seeks to do business directly with a company experienced in providing traffic
signal poles.
4. PRICING: The Respondent shall determine and submit a fixed cost for the requested items and shall
include all i cidental costs, labor, overhead charges,travel, payroll expenses,freight, equipment acquisition
and mainteriance,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 oi invoice purposes.
5. PRICE INC EASE: Contract prices for all items shall remain firm throughout the term of the contract.
6. PERFORM NCE REVIEW: The City reserves the right to review the awarded respondent(s)performance
at any time Juring the contract term.
7. ACCEPTA CE/INSPECTION:Acceptance inspection should not take more than five(5)working days.The
awarded re pondent will be notified within the time frame if the services delivered are not in full compliance
with the sp cifications. In the event the delivered items are not to the satisfaction of the City;the vendor
shall agree o replace items to specification at no additional cost to the City. If any agreement or purchase
order is can elled for non-acceptance,the needed items may be purchased elsewhere.
8. WARRANTY:All goods shall be warranted against defects in material and workmanship for a period of not
less than 1 months beginning with the date of delivery as evidenced by the City's packing slip. If the
manufacturer's standard warranty exceeds 12 months,then the manufacturer's standard warranty shall be
in effect.The Contractor shall furnish a copy of the manufacturer's warranty at time of delivery.
9. ORDERQUANTITY:The quantities shown on the solicitation are estimates only. No guarantee of any
minimum oi maximum purchase is made or implied.The City will only order the services/goods needed to
satisfy requ rements within budgetary constraints,which may be more or less than indicated.
10. AWARD:Tie 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 le discretion of the City. Respondents to the solicitation will be notified when City staff
recommeric ation of award has been made. The award announcement will be posted to the City's website
at hftps:/Am vw.roundrocktexas.gov/city-businesses/solicitations/once City Council has approved the
recommeric ation of award and the agreement has been executed.
11. POST AWA RD MEETING: The City and successful Respondent(s) may have a post award meeting to
discuss, bul not be limited to the following:
Page 7 of I I
Exhibit "A"
City of Round Rock
Traffic Signal Poles
IFB 22-012
Class/Item: 550-851560-05
OCTOBER 2021
A. Provide City contact(s) information for implementation of agreement.
B. Identify specific milestones, goals, and strategies to meet objectives.
12. POINT OF CONTACT I 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:
Matthew Bushak
Principal Engineer
Transportation
Phone:512-314-3318
E-mail: mbushak(")a.roundrocktexas.gov
13. 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 Goverment 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
Page 8ofII
Exhibit "A"
City of Round Rock
Traffic Signal Poles
IFB 22-012
Class/Item: 550-8 /560-05
OCTOBER 2021
PART IV
SPECIFICATIONS
1. PURPOSE:The City of Round Rock, herein after"the City"seeks a bid from firms experienced in providing
traffic signal poles, mast arms, and associated parts. This solicitation is for equipment only and does not
include installation.The City requires delivery within 16 weeks of award.
2. MATERIAL SPECIFICATIONS: Equipment shall meet the requirements of TxDOT Standard Specification
686, Sectio s 2, 3.1, and 3.2. In addition,equipment shall meet the requirements of the following TxDOT
Standard D tails:
A. SMA-8 (1)-12 and SMA-80(2)-12: Traffic Signal Support Structures, Single Mast Arm Assembly, 80
mph Wi id Zone).
B. TS-FD- 2: Traffic Signal Pole Foundations.
C. SNS-9 Street Name Sign Details.
D. LUM-A- 2: Standard Assembly Drawings for Luminaire Support Structures,Arm Details.
E. MA-C-1 : Standard Assembly for Traffic Control Structures, Mast Arm Connections.
F. MA-C(I SN)-12: Standard Assembly for Traffic Control Structures, Mast Arm Connections.
G. MA-D-1 : Traffic Signal Support Structures Mast Arm Pole Details.
H. Equipm ant shall include all parts shown in Attachment C—Traffic Signal Pole Specifications.
3. DELIVERY:The Contractor shall deliver all items to the following address-
Transportation Maintenance Facility
910 Lut ier Peterson PI
Round Rock,TX 78665
4. CITY RESPONSIBILITIES:The City will-
A. Coordir ate with contractor on delivery date and time.
B. Inspect all delivered items to ensure they meet the specifications above.
Page 9 of 11
Exhibit "A"
City of Round Rock
Traffic Signal Poles
IFB 22-012
Class/Item: 550-85/560-05
OCTOBER 2021
ATTACHMENT A
BID SHEET
1. ATTACHMENT A—BID SHEET is posted in Solicitation Documents for IFB 22-012 Traffic Signal Poles in
an Excel format on the City of Round Rock website at:
hftps:/twww.roundrocktexas.gov/city-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:Hroundrocktxvendors.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 10 of I I
Exhibit "A"
Attachment.A- Bid Sheet
Traffic Signal Pales
22-012
The Respondent represents by their signature below that they are submitting a binding offer and are authorized to hired the respondent to fully comply with
the solicitation documents contained in IFB No.22-012 Traffic Signal Poles,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 rust 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 Wd 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,
N+do. ; Nddtt rdptNtan Estimated Unit Unit carat Extended Total
6uintittt
1 686 6028 INS TRF SIG PL AM(S)1 ARM 24”LUM&ILSN 2 EA $7,125.00 $14„250.00
2 656 6032 INS TRF SIG PL AMS 1 ARM 28”LUM&ILSN 1 EA $7,440,00 $7,440.00
3 686 6040 INS TRF SIG PL AMS 1 ARM 36"LUM&ILSN 2 EA $9,065.00 $18,130.00
4 685 6044 INS TRF SIG PL AMS 1 ARM 40'LUM'&ILSN 2 EA $9,760.00 $19,520.00
5 686 6048 INS TRF SIG PL AM(S)1 ARM 44"LUM&ILSN 1 EA $10,130.00 $10,130.00
6 Shipping freight allowed freight allowed
$69,470.00
COMPANY NAME: KLP Commercia',LLC dba KLP onstruction Supply
SIGNATURE OF AUTHORIZED REPRESENTATIVE:
PRINTED NAME: Nathall Parker
PHONE NUMBER: 512-571-0477
EMAIL ADDRESS: 9pfLkGpsaapply.x reb
1 of f,
Exhibit "A"
City of Round Rock
Traffic Signal Poles
IFB 22-012
Class/Item:550-85/560-05
OCTOBER 2021
ATTACHMENT B
REFERENCE SHEET
PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE
SOLICITATION NUMBER: 22-012
RESPONDENT'S NAME: KLP Commercial dba KLP Construction Supply DATE: 11-18-2021
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 Name City of Austin I Austin Energy
Name of Contact Ahide Garcia
Title of Contact Proc Specialist
E-Mail Address Ahide.Garcia@austintexas.gov
Present Address CTM 1100 MAX87729-1
City,State,Zip Code
Telephone Number (512 )322-6038 Fax Number:{ )
2. Company's Name TXDOT PO#601290000014628
Name of Contact Edward Sosa
Title of Contact Purchasing Agent
E-Mail Address edward.sosa@txdot.gov
Present Address
City,State,Zip Code
Telephone Number ( 512 ) 416-4774 Fax Number:{ )
3. Company's Name Mica Corporation
Name of Contact Ramunas (Ramas) Petraitis
Title of Contact
E-Mail Address Ramunas.Petraitis@micacorporation.com
Present Address
City,State,Zip Code Fort Worth, TX
Telephone Number ( 817 )847-6121 Fax Number: ( 817 ) 847-7173
FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY
AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD.
Page 11 of I I