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R-2023-322 - 10/12/2023 RESOLUTION NO. R-2023-322 WHEREAS, the City of Round Rock ("City") has duly advertised for bids to purchase street sign blade replacement services, and related goods and services; and WHEREAS, Centerline Supply, Ltd. has submitted the lowest responsible bid; and WHEREAS, the City Council wishes to accept the bid of Centerline Supply, Ltd., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Purchase of Street Sign Blade Replacement Services with Centerline Supply, Ltd., a copy of said Agreement being attached hereto as Exhibit"A" and incorporated herein. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 12th day of October, 2023. & Al CRAIGOR N, Mayor City of Roun ock,Texas ATTEST: U, 1J )/",Jr MEAGAN KS,tity Clerk 0112.20232;4863-7460-0579 CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF STREET SIGN BLADE REPLACEMENT SERVICES WITH CENTERLINE SUPPLY,LTD THE STATE OF TEXAS § CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § COUNTY OF TRAVIS § THAT THIS Agreement for purchase of street sign blade replacement services, and for related goodskand services (referred to herein as the "Agreement"), is made and entered into on this the L', day of the month of , 2023, by and between the CITY OF ROUND ROCK, TEXAS, a home-rule municipality whose offices are located at 221 East Main Street, Round Rock, Texas 78664 (referred to herein as the "City") and CENTERLINE SUPPLY, LTD whose offices are located at 530 Jesse Street, Grand Prairie 75051(referred to herein as the "Services Provider"). RECITALS: WHEREAS, City desires to purchase street sign blade replacement services; 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 the Services Provider 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, sufficiency and receipt of which are hereby acknowledged, it is mutually agreed between the parties as follows: 1.01 DEFINITIONS A. Agreement means the binding legal contract between City and Services Provider whereby City is obligated to buy specified services and Services Provider is obligated to sell same. The Agreement includes the following: (a) City's Invitation for Bid designated Solicitation Number 23-008 dated February 2023; (b) Services Provider's Response to the IFB; 4886-6106-6853/ss2 (c) contract award; and (d) any exhibits, addenda, and/or amendments thereto. Any inconsistencies or conflicts in the contract documents shall be resolved by giving preference in the following order: (1) This Agreement; (2) Services Provider's Response to IFB; (3) City's Invitation for Bids, exhibits, and attachments. B. City means the City of Round Rock,Williamson and Travis Counties,Texas. C. Effective Date means the date upon which the binding signatures of both parties to this Agreement are affixed. D. Force Majeure means acts of God, strikes, lockouts, or other industrial disturbances, acts of the public enemy, orders of any kind from the government of the United States or the State of Texas or any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, restraint of the government and the people, civil disturbances, explosions, or other causes not reasonably within the control of the party claiming such inability. E. Goods and services mean the specified services, supplies, materials, commodities, or equipment. 2.01 EFFECTIVE DATE AND TERM A. This Agreement shall be effective on the date it has been signed by both parties hereto, and shall remain in full force and effect unless and until it expires by operation of the term stated herein,or until terminated or extended as provided herein. B. The term of this Agreement shall be for twelve (12) months from the effective date hereof. C. City reserves the right to review the relationship at any time, and may elect to terminate this Agreement with or without cause or may elect to continue. 3.01 CONTRACT DOCUMENTS AND EXHIBITS City selected Services Provider to supply the services as outlined in the IFB and Response to IFB submitted by Services Provider, all as specified in Exhibit "A." The intent of these documents is to formulate an Agreement listing the responsibilities of both parties as outlined in the IFB and as offered by Services Provider in its Response to the IFB. 2 The services which are the subject of this Agreement are described in Exhibit "A" and, together with this Agreement, comprise the total Agreement and they are fully a part of this Agreement as if repeated herein in full. 4.01 ITEMS AWARDED All bid items on Exhibit"A"are awarded to Services Provider. 5.01 SCOPE OF AWARD For purposes of this Agreement, City has issued documents delineating the required services (specifically Invitation for Bid Solicitation Number 23-008). Services Provider has issued its response agreeing to provide all such required services in all specified particulars. All such referenced documents are included in Exhibit "A" attached hereto and made a part hereof for all purposes. When taken together with the appended exhibits, this Agreement shall evidence the entire understanding and agreement between the parties and shall supersede any prior proposals, correspondence,or discussions. Services Provider shall satisfactorily provide all services described under the attached exhibits within the contract term specified in Section 2.01. Services Provider's undertakings shall be limited to performing services for the City and/or advising City concerning those matters on which Services Provider has been specifically engaged. Services Provider 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. 6.01 COSTS A. City agrees to pay for goods during the term of this Agreement at the pricing set forth in Exhibit"A." B. The City is authorized to pay the Services Provider an amount not-to-exceed Two Hundred Ninety-Two Thousand Six Hundred Twenty-Two and No/100 Dollars ($292,622.00) for the term of this Agreement. 7.01 INVOICES All invoices shall include,at a minimum, the following information: A. Name and address of Services Provider; B. Purchase Order Number; C. Description and quantity of items received or services provided; and 3 D. Delivery or performance dates. 8.01 INTERLOCAL COOPERATIVE CONTRACTING/PURCHASING Authority for local governments to contract with one another to perform certain governmental functions and services, including but not limited to purchasing functions, is granted under Government Code, Title 7, Chapter 791, Interlocal Cooperation Contracts, Subchapter B and Subchapter C, and Local Government Code, Title 8, Chapter 271, Subchapter F, Section 271.101 and Section 271.102. 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 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. 9.01 NON-APPROPRIATION AND FISCAL FUNDING This Agreement is a commitment of City's current revenues only. It is understood and agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year if the governing body of City does not appropriate funds sufficient to purchase the services as determined by City's budget for the fiscal year in question. City may effect such termination by giving Services Provider a written notice of termination at the end of its then current fiscal year. 10,01 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Services Provider will be made within thirty (30) days of the day on which City receives the performance, supplies,materials,equipment, and/or deliverables, or within thirty (30)days of the day on which the performance of services was complete, or within thirty (30) days of the day on which City receives a correct invoice for the performance and/or deliverables or services, whichever is later. Services Provider may charge interest on an overdue payment at the "rate in effect" on September 1 of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas Government Code, Section 2251.025(b); however, this Policy does not apply to payments made by City in the event: A. There is a bona fide dispute between City and Services Provider, a contractor, a 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 4 C. There is a bona fide dispute between Services Provider and a subcontractor or between a subcontractor and its supplier about the goods delivered or the service performed that causes the payment to be late; or 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. 11.01 GRATUITIES AND BRIBES City may, by written notice to Services Provider, cancel this Agreement without liability to Services Provider if it is determined by City that gratuities or bribes in the form of entertainment, gifts, or otherwise were offered or given by Services Provider or its agents or representatives to any City officer, employee or elected representative with respect to the performance of this Agreement. In addition, Services Provider may be subject to penalties stated in Title 8 of the Texas Penal Code. 12.01 TAXES City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be included in Services Provider's charges. 13.01 ORDERS PLACED WITH ALTERNATE SERVICES PROVIDERS If Services Provider cannot provide the goods as specified, City reserves the right and option to obtain the products or services from another supplier or suppliers. 14.01 INSURANCE Services Provider shall meet all requirements as stated in the attached IFB, including all attachments and exhibits thereto, and Services Provider's bid response. 15.01 CITY'S REPRESENTATIVE City hereby designates the following representatives authorized to act in its behalf with regard to this Agreement: Matt Fitzgerald, Transportation Supervisor Transportation Department 3440 Sunrise Road Round Rock, TX 78665 (5 l 2) 341-3186 mattfitzgeraid.a round rocktexas.gov 5 16.01 RIGHT TO ASSURANCE Whenever either party to this Agreement, in good faith, has reason to question the other party's intent to perform hereunder, then demand may be made to the other party for written assurance of the intent to perform. In the event that no written assurance is given within the reasonable time specified when demand is made, then and in that event the demanding parry may treat such failure as an anticipatory repudiation of this Agreement. 17.01 DEFAULT If Services Provider abandons or defaults under this Agreement and is a cause of City purchasing the specified goods elsewhere, Services Provider 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. Services Provider 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. 18.01 TERMINATION AND SUSPENSION A. City has the right to terminate this Agreement, in whole or in part, for convenience and without cause, at any time upon thirty (30) days' written notice to Services Provider. B. In the event of any default by Services Provider, City has the right to terminate this Agreement for cause, upon ten(10)days' written notice to Services Provider. C. Services Provider has the right to terminate this Agreement only for cause, that being in the event of a material and substantial breach by City or by mutual agreement to terminate evidenced in writing by and between the parties. D. In the event City terminates under subsections (A) or (B) of this section, the following shall apply: Upon City's delivery of the referenced notice to Services Provider, Services Provider shall discontinue all services in connection with the performance of this I 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, Services Provider 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 Services Provider that portion of the charges, if undisputed. The parties agree that Services Provider is not entitled to compensation for services it would have performed under the remaining term of the Agreement except as provided herein. 19.01 INDEMNIFICATION Services Provider 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, attorney's fees, and any and all other costs or fees arising out of, or incident to, concerning or resulting from the fault of Services Provider, or Services Provider's agents, employees or subcontractors, in the performance of Services Provider's obligations under this Agreement, no matter how, or to whom, such loss may occur. Nothing herein shall be deemed to limit the rights of City or Services Provider (including, but not limited to the right to seek contribution) against any third party who may be liable for an indemnified claim. 20.01 COMPLIANCE WITH LAWS,CHARTER,AND ORDINANCES A. Services Provider, 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) will not boycott Israel during the tern of the contract. The signatory executing this Agreement on behalf of Vendor verifies Vendor does not boycott Israel and will not boycott Israel at any time during the term of this Agreement. C. In accordance with 2274, Texas Government Code, a governmental entity may not enter into a contract with a company with at least ten (10) full-time employees for a value of at least One Hundred Thousand and No/100 Dollars ($100,000.00) unless the contract has provision in the contract verifying that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The signatory executing this Agreement on behalf of Vendor verifies Vendor does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association, and it will not discriminate during the term of this Agreement against a firearm entity or firearm trade association. D. In accordance with 2274, Texas Government Code, a governmental entity may not enter into a contract with a company with at least ten (10) full-time employees for a value of at least One Hundred Thousand and No/100 Dollars ($100,000.00) unless the contract has provision in the contract verifying that it: (1)does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. The signatory executing this Agreement on behalf of Vendor verifies Vendor does not boycott energy companies, and it will not boycott energy companies during the term of this Agreement. 21.01 ASSIGNMENT AND DELEGATION The parties each hereby bind themselves, their successors, assigns and legal representatives to each other with respect to the terms of this Agreement. Neither party shall assign, sublet or transfer any interest in this Agreement without prior written authorization of the other party. 22.01 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 Services Provider: Centerline Supply, LTD 530 Jesse Street Grand Prairie, TX 75051 Notice to City: City Manager Stephanie L. Sandre, 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 Services Provider. 22.01 APPLICABLE LAW, ENFORCEMENT,AND VENUE This Agreement shall be enforceable in Round Rock, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 23.01 EXCLUSIVE AGREEMENT This document, and all appended documents, constitutes the entire Agreement between Services Provider and City. This Agreement may only be amended or supplemented by mutual agreement of the parties hereto in writing, duly authorized by action of the City Manager or City Council. 24.01 DISPUTE RESOLUTION City and Services Provider hereby expressly agree that no claims or disputes between the parties arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration proceeding, including without limitation, any proceeding under the Federal Arbitration Act(9 USC Section 1-14) or any applicable state arbitration statute. 25.01 SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion or provision held to be void. The parties further agree to amend this Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent this entire Agreement from being void should a provision which is of the essence of this Agreement be determined void. 26.01 MISCELLANEOUS PROVISIONS Standard of Care. Services Provider represents that it employs trained, experienced and competent persons to perform all of the services, responsibilities and duties specified herein and that such services, responsibilities and duties shall be performed in a manner according to generally accepted industry practices. Time is of the Essence. Services Provider understands and agrees that time is of the essence and that any failure of Services Provider to fulfill obligations for each portion of this Agreement within the agreed timeframes will constitute a material breach of this Agreement. Services Provider shall be fully responsible for its delays or for failures to use best efforts in accordance with the terms of this Agreement. Where damage is caused to City due to Services Provider's failure to perform in these circumstances, City may pursue any remedy available without waiver of any of City's additional legal rights or remedies. Force Majeure. Neither City nor Services Provider shall be deemed in violation of this Agreement if it is prevented from performing any of its obligations hereunder by reasons for which it is not responsible as defined herein. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. Multiple Counterparts. This Agreement may be executed in multiple counterparts, any one of which shall be considered an original of this document; and all of which, when taken together, shall constitute one and the same instrument. IN WITNESS WHEREOF, City and Services Provider have executed this Agreement on the dates indicated. City of Round Rock,Texas Centerline Supply,LTD By: By: Printed Name: Prinug Name: 15c:j Title: Title: 13r V7 e Date Signed: Date Signed: 9- I Attest: By: Meagan Spinks, City Clerk For City,Approved as to Form: By: Stephanie L. Sandre,City Attorney Exhibit "A" ROUND ROCK TEXAS PURCHASING DIVISION City of Round Rock, Texas Purchasing Division 221 East Main Street Round Rock, Texas 78664-5299 www.roundrocktexas.gov INVITATION FOR BID (IFB) STREET SIGN BLADE REPLACEMENT SOLICITATION NUMBER 23-008 FEBRUARY 2023 Exhibit "A" City of Round Rock Street Sign Blade Replacement IFS 23-008 Class/Item: 968-80/968-81/801-00 February 2023 STREET SIGN BLADE REPLACEMENT PART I GENERAL REQUIREMENTS 1. PURPOSE AND BACKGROUND: The City of Round Rock, herein after"the City" seeks a bid from firms experienced in replacement and installation of street name signs. Street Name Signs(D3-1 or D3-1 a) Section 2D.43 of the Texas and FHWA MUTCD is the full inventory of all City of Round Rock owned or maintained by the City of Round Rock inside the city limits of the City of Round Rock. 2. SOLICITATION PACKET: This solicitation packet is comprised of the following- Description Index Part I —General Requirements Page(s)2-5 Part 11—Definitions, Standard Terms and Conditions, and Insurance Page 6 Requirements Part III—Supplemental Terms and Conditions Page(s)7-9 Part IV—Scope of Work Page(s) 10-11 Attachment A—Bid Sheet Separate Attachment Attachment B—Reference Sheet Separate Attachment Attachment C—Subcontractor Information Form Separate Attachment Attachment D—Sign Blade Specifications Separate Attachment Attachment E—GIS Sign Data(Excel) Separate Attachment Attachment F—TxDOT DMS-8300 Sign Face Specifications Separate Attachment 3. SCHEDULE OF EVENTS: It is the City's intention to follow the solicitation timeline below. EVENT DATE Solicitation released February 24, 2023 Optional Pre-Bid meeting/site visit March 3, 2023 @ 10:00 AM, CST Deadline for submission of questions March 7, 2023 @ 3:00 PM, CST City responses to questions or addendums Approx, March 8, 2023 @ 3:00 PM, CST Deadline for submission of responses March 21, 2023 @ 3:00 PM, CST All questions regarding the solicitation shall be submitted through Bonfire 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://roundrocktexas.bonfirehub.com The City reserves the right to modify these dates. Notice of date change will be posted to the City's website: httDs:/Iroundrocktexas_bon►irehub corn 4, SOLICITATION UPDATES: Respondents shall be responsible for monitoring the City's website at httys://roundrocktexas.bonfirehub.com 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. Page 2 of I I Exhibit "A" City of Round Rock Street Sign Blade Replacement IFB 23-008 Class/item: 968-80/968-81/801-00 February 2023 5. OPTIONAL PRE-PROPOSAL MEETING, SITE VISIT, AND/OR INSPECTION: A pre-bid meeting will be conducted to fully acquaint Respondents with the specifics, difficulties and/or restrictions inherent in the services specified. The pre-proposal meeting /site visit will be conducted on the date specified in PART I, Section 3- Schedule of Events. A. Attendance at the pre-proposal meeting/site visit is optional. Respondents shall sign-in at the pre- proposal meeting to document their attendance. The pre-proposal meeting will be held on Teams at the links below: Microsoft Teams meeting Join on your computer, mobile app or room device Click here to join the meeting Meeting ID: 284 S56 370 543 Passcode: sA3FCT Download Teams I Join ..,n th :.eb Or call in (audio only) +1940 222_6969 124943154# United States, Denton Phone Conference ID: 124 943 154# Find a local number I Reset PIN B. Respondents are strongly encouraged to have a copy of the solicitation document with them at the pre- proposal meeting. 6. RESPONSE DUE DATE: Appropriately submitted responses are due at or before 3:00 PM, on the due date noted in PART I, Section 3—Schedule of Events. The Offeror shall respond via the City's electronic bidding platform, Bonfire: https://roundrocktexas.bonftrehub.com A. This request for proposal (RFP)does not commit the City to contract for any supply or service. B. No paper or submittals outside of Bonfire will be accepted by the City. C. Responses cannot be altered or amended after digital 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. 7, 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 street signs and blades as specified herein and have adequate organization, facilities, equipment, financial capability, and personnel to ensure prompt and efficient service to the City. B. In order to confirm financial stability, the City may choose to review audited financial statements at any time throughout the IFB evaluation process. Upon request, the Respondent shall provide two years audited financial statements, including any notes or supplemental schedules within 2 business days of the original request. C. The Respondent shall include in the proposal a list of all litigation the company or its principals have been involved in within the last three (3)years. D. 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 IFB process. Page 3 of 1 I Exhibit "A" City of Round Rock Street Sign Blade Replacement IFB 23-008 Class/Item: 968-80/968-81/801-00 February 2023 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://roundrocktxv_endors.munisselfservice_com/Vendors/default.aspx 8. RESPONSE REQUIREMENTS: The Respondent, by electronically submitting their Offer, acknowledges that he/she is an authorized representative of the Vendor, 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. The Respondent shall include the following information with their bid response: ❑ Attachment A—Bid Sheet ❑ Attachment B—Reference Sheet ❑ Attachment C—Subcontractor Information Form ❑ Acknowledged Addenda (if applicable) ❑ Sample Sign Blade: In order for your bid to be accepted, a sample sign blade must be sent with your response.This sample must meet all the criteria listed in PART IV, Section 3., Material Specifications and be received by the response due date listed in PART I, Section 3—Schedule of Events. A Flexi- Sign .fs file is available at the link below: 23-008_Street.Syn Blade Rq accment 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. 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. 10. 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: httus_//www ethics.state.tx.us/whatsnew/elf_info forml295.htm 11. 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 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 may be grounds for disqualifying the offending Bidder from consideration or award of the bid then In evaluation, or any future bid. 12. OPPORTUNITY TO PROTEST: The Purchasing Manager for the City of Round Rock ("City"), in Page 4 of 1 I Exhibit "A" City of Round Rock Street Sign Blade Replacement IFB 23-008 Class/Item: 968-80/968-81/801-00 February 2023 consultation with the City Attorney, shall have the authority to settle or resolve any dispute concerning the solicitation or award of a contract. The Purchasing Manager may solicit written responses to the protest from other interested parties. The aggrieved person must prepare his or her complaint in writing and send it by electronic mail to the City's Purchasing Department at protestCc)-roundrocktexas.00v. In the event of a timely protest, the City shall not proceed further with the solicitation or award of a contract unless it is determined that the award must take place without delay, to protect the best interests of the City. The procedures for notifying the City of an alleged deficiency or filing a protest are listed below. If you fail to comply with any of these requirements, the Purchasing Office may dismiss your complaint or protest. A. Prior to Offer Due Date: If you are a prospective offeror for the award of a contract("Offeror")and you become aware of the facts regarding what you believe is a deficiency in the solicitation process before the due date for receipt of offers in response to a solicitation ("Offers"), you must notify the City in writing of the alleged deficiency before that date, giving the City an opportunity to resolve the situation prior to the Offer due date. B. After Offer QgeDate: If you submit an Offer to the City and you believe that there has been a deficiency in the solicitation process or the award, you have the opportunity to protest the solicitation process, or the recommended award as follows: i. You must file a written notice of your intent to protest within four(4)working days of the date that you know or should have known of the facts relating to the protest. If you do not file a written notice of intent within this time, you have waived all rights to protest the solicitation process or the award. ii. You must file your formal written protest within ten (10)working days of the date that you know or should have known of the facts relating to the protest unless you know of the facts before the Offer has been closed. If you know of the facts before those dates,you must notify the City as stated in section (A) above. iii. You must submit your protest in writing and must include the following information: a. your name, address, telephone number, and email address, b. the solicitation number. c. a specific identification of the statutory or regulatory provision that you are alleging has been violated. d. a detailed statement of the factual grounds for your protest, including copies of any relevant documents. e, a statement of any issues of law or fact that you contend must be resolved; and f. a statement of the argument and authority that you offer in support of your protest. iv. Your protest must be concise and presented logically and factually to help with the City's review. C. Receipt of Timely Protest: When the City receives a timely and complete written protest, the Purchasing Manager, with assistance from the City Attorney,shall make one of the following determinations: i. Determine that a violation of rules and statutes has occurred prior to the award of the contract and inform you and other interested parties of the determination. The City will prepare updated solicitation documents and will re-solicit. ii. Determine that no violation of rules or statutes has occurred and inform you and other interested parties of the decision by letter. The reasons for the determination will be presented in the letter. iii. Determine that a violation of rules and statutes has occurred after the award of the contract and inform you and other interested parties of the determination. However, the awarded contract will not be canceled. As needed, corrective actions may be taken with purchasing or any other pertinent City staff. iv. A determination will usually be made within fifteen (15) business days after receipt of the formal protest. v. Any written decisions by the Purchasing Manager shall be the final administrative action for the City. All documentation pertaining to a protest will be kept on file at the City and are subject to open records requests, Page 5 of I I Exhibit "A" City of Round Rock Street Sign Blade Replacement IFB 23-008 Class/Item: 968-80/968-81/801-00 February 2023 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 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. These can be obtained from the City's website at: https://www.roundrocktexas.gov/city-deuartments/purchasing/. In addition,the Supplemental Terms and Conditions listed In Section III, shall also be enforced as part of the contract. 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:/1www.roundrocktgxas.gov/city-departments/purchasing/ Page 6 of I I Exhibit "A" City of Round Rock Street Sign Blade Replacement IFB 23-008 Class/Item: 968-80/968-81/801-00 February 2023 PART III SUPPLEMENTAL TERMS AND CONDITIONS 1. AGREEMENT TERM: The terms of the awarded agreement shall include but not be limited to the following. A. The term of the Agreement shall begin from date of award and shall remain in full force until project completion and inspection. B. The City anticipates the project will be completed in no more than six months from the date the contract begins. C. 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. D. 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. SUBCONTRACTORS: If Subcontractors will be used the Respondent is required to complete and submit with their proposal response Attachment C: Subcontractor Information Form. The Contractor shall be fully responsible to the City for all acts and omissions of the Subcontractors just as the Contractor is responsible for the Contractors own acts and omissions.The Contractor shall: A. Require that all deliverables to be provided by the Subcontractor be provided in strict accordance with the provisions, specifications, and terms of the Contract. B. Require that all Subcontractors obtain and maintain, throughout the term of their agreement, primary insurance in the type and amounts specified for the Contractor, with the City being named as an additional insured; and C. Require that the Subcontractor indemnify and hold the City harmless to the same extent as the Contractor is required to indemnify the City. D. Awarded Contractor is required to submit a list of all subcontractors for approval by the City prior to use of any subcontractors throughout the term of the contract. 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 Contractor's 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 I t Exhibit "A" City of Round Rock Street Sign Blade Replacement IFB 23-006 Class/item: 968-801968-81/801-00 February 2023 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 sign blades and replacement shall remain firm throughout the term of the contract. 7. ACCEPTANCE/INSPECTION: Acceptance/Inspection should not take more than five (7)working days. The City will do weekly inspections of area serviced and randomly inspect signs 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 Contractor 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. 8. PERFORMANCE REVIEW: The City reserves the right to review the awarded Contractor's performance anytime during the contract term. 9. SAMPLES—EXACT REPLICA: A. The Respondent shall submit an exact replica of the goods to be provided per the specification contained herein. This sample shall be provided by the response due date listed in PART I, Section 3— Schedule of Events.A Flexi-sign ,fs file is available at the link below: 23-008 Street Sign Blade Replacement B. Send samples to the City at the following address: Purchasing Department ATTN: IFB 23-008 Street Sign Replacement 221 East Main Street Round Rock, TX 7866 C. All products provided to the City under this solicitation will be evaluated or tested and must meet all requirements of the specification, regardless of whether or not all requirements are to be evaluated or tested. D. Samples will be provided at no cost to the City,will be retained by the City, and may be used for use in assuring compliance with materials specifications after award. Failure to supply samples when requested shall subject the Offer to disqualification from consideration for award. 10. MATERIALS SPECIFICATIONS/DESCRIPTIVE LITERATURE: A. If a solicitation refers to a Qualified Products List (QPL), Standard Products List(SPL)or a manufacturer's name and product, any Offeror offering products not referenced in the solicitation must submit as part of their Offer materials specifications/descriptive literature for the non-referenced product. Materials specifications/descriptive literature must be identified to show the item(s)in the Offer to which it applies. B. Materials specifications/descriptive literature are defined as product manufacturer's catalog pages, "cut sheets" applicable tests results, or related detailed documents that specify material construction, performance parameters, and any industrial standards that are applicable such as ANSI, ASTM, ASME, SAE, NFPA, NBS, EIA, ESL, and NSA. The submitted materials specifications/descriptive literature must include the manufacturer's name and product number of the product being offered. C. The failure of the materials specifications/descriptive literature to show that the product offered conforms to the requirements of the Solicitation shall result in rejection of the Offer. D. Failure to submit the materials specifications/descriptive literature as part of the Offer may subject the Offer to disqualification from consideration for award. 11. ORDER QUANTITY: The quantities shown on the solicitation are estimates only. No guarantee of any minimum or maximum purchase is made or implied.The City will only order the services/goods needed to satisfy requirements within budgetary constraints,which may be more or less than indicated. Page 8 of i I Exhibit "A" City of Round Rock Street Sign Blade Replacement IFB 23-008 Class/Item: 968-80/968-81/801-00 February 2023 12. 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 htti)s://roundrocktexas.bonfirehub.com once City Council has approved the recommendation of award and the agreement has been executed. 13. 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. 14. 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: The City's designated representative shall be Matt Fitzgerald Superintendent Transportation Phone: (512) 218-3186 E-mail: mattfitzaerald(&-roundrocktexas.aQv C. Do not contact the individual listed above with questions or comments regarding this solicitation during the solicitation. Page 9 of I I Exhibit "A" City of Round Rock Street Sign Blade Replacement IFB 23-008 Class/Item: 968-80/968-81/801-00 February 2023 PART IV SCOPE OF WORK 1. PURPOSE: The purpose of this contract is the manufacturing and replacement for all guide signs and mounting hardware inside the city limits of the City of Round Rock. This project will cover approximately 7,500 ground mounted signs within the City. 2. BACKGROUND: In 2003 the Federal Highway Administration (FHWA)introduced new language in the 2003 Manual on Uniform Traffic Control Devices (MUTCD)establishing minimum retroreflectivity levels that must be maintained for traffic signs. The FHWA MUCTD gave agencies until January 2012 to establish and implement a sign assessment or management method to maintain minimum levels of sign retro reflectivity. The compliance date for regulatory,warning, and ground-mounted guide signs is January 2015. For overhead guide signs and street name signs, the compliance date is January 2018. Texas uses the FHWA MUCTD and adopts with Texas specific Transportation regulations. • 2011 -Revision I (Effective Dec. 6, 2012) • 2011 (Effective Dec. 8, 2011) • 2006-Revision 1 (Effective Oct. 16, 2008) • 2006 (Effective March 16, 2006) • 2003 (Effective Jan. 9, 2003) The TX MUTCD 2011 Revision 1 edition addresses the compliance requirements in: • Section 2A.07 Retroreflectivity and Illumination • Section 2A.08 Maintaining Minimum Retroreflectivity 3. COMPLIANCE: All signs shall comply with any and all applicable state, federal, and local statures, ordinances, and regulations. Specifically- A. Texas Department of Transportation(TxDOT)material specification, DMS-8300 Sign Face Materials, included as Attachment F. B. US Bureau of Public Roads Standards. C. ASTM B499 Standard. 4. MATERIAL SPECIFICATIONS: A. All sign blades shall be constructed of.080 aluminum with a .5 radius. B. 3M High Intensity Prismatic Reflective Sheeting Series 3930. C. Street blades shall be 9" in height with variable length (not to exceed 36"). D. Signs shall be White High Intensity Prismatic(HIP)with green background. E. Signs shall have a 1/2-inch white border. F. City logo shall stay proportional but no taller than 4" and off set to left of street name. G. City logo shall be white with transparent star, H. Letters shall be white in color with Clearview 1W font. I. Street name capital letter shall be 6"in height. J. Street name abbreviation shall be 3" in height. K. Street name and any abbreviation shall be capital first letter with remainder lower case. L. Sign mounting hardware: i. Round Post Caps. MDSolutions Item# 120RCF238 or City approved equal. ii.90 Degree Cross Piece: MDSolutions Item# 120CPF090 or City approved equal. Page 10 of I I Exhibit "A" City of Round Rock Street Sign Blade Replacement IFB 23-008 Class/item: 968-80/968-81/801-00 February 2023 5. SERVICE REQUIREMENTS The Contractor shall- A. Drive a vehicle with reflective material on all four sides, emergency lights, and use traffic cones. The Contractor's (or Subcontractor)company must be clearly identified on vehicle. Personnel shall wear reflective vests and safety apparel. B. Signs must be replaced between 7AM —4PM Monday— Friday. Saturdays may be considered with City approval. C. Some street signs may require an additional sign to be re-installed. 6. CONTRACTOR RESPONSIBILITIES: The Contractor shall- A. Develop a schedule of replacement based on the City provided inventory list and GIS data. B. Notify the City's designated representative to the proposed schedule before commencement of the project. C. Provide traffic control when necessary. D. Provide storage for the new signs. The City will not store new signs on City property. E. Provide a project contact for both the manufacturer and subcontractor(if necessary). 7. CITY RESPONSIBILITIES: The City will- A. Provide GIS data of all street signs included in this program. B. Provide all artwork for City logo. C. Provide a dumpster for disposal/recycling of old signs located at: 910 Luther Peterson Drive Round Rock, Texas 78664 8. DELIVERABLES/REPORTING: The Contractor shall provide the City with weekly progress reports that clearly indicate: A. A listing of all signs replaced in the previous week. B. Any changes to the sign replacement schedule. C. An estimated date of completion. D. A summary of any issues or complications that arose. Page I I of 1 I Item Number Item Name Quantity Unit Price Total Required Turnkey Street Sign Replacement(Includes all material and labor)Costs should be for pp t project completion timeline of no more than six months from award.Average 30"sign. 4700 62.26 $292,622 Exhibit "A" ATTACHMENT B REFERENCE SHEET PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE SOLICITATION NUMBER: 2�J- d d RESPONDENT'S NAME: \�X­NQ_ �►.1� DATE: �Z Z, 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 (:C Ao� C Name of Contact Title of Contact E-Mail Address 00 ID YIN Present Address 1` E, City, State, Zip Code Telephone Number ( n2 )L� 9 PL)01e3 Fax Number: ( ) 2. Company's Name CW Name of Contact Title of Contact D C\ E-Mall Address m\ Chae_\. Sam 5 CoJ{-\ Present Address �0C) s.Z-f City, State Zip Code u - 22-- 2 Telephone Number S _ `1 Fax Number: ( ) 3. Company's Name ` � (D QA 0�U n Name of Contact V Title of Contact 1 - E-Mail Address J <aC 6 Ca Present Address City, State, Zip Code —I Telephone Number (51Z} -1'A�S-- C) l Fax Number: ( ) FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD. Exhibit "A" ATTACHMENT C SUBCONTRACTOR INFORMATION FORM COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE SOLICITATION NUMBER: RESPONDENT'S NAME DATE: • CIRCLE ONE - NO, I WILL NOT USE SUBCONTRACTORS ON THIS CONTRACT NO YES, 1 INTEND TO USE SUBCONTRACTORS ON THIS CONTRACT YE3 If yes complete the information below 1 Subcontractor Name Name of Contact E-Mail Address Address 2, City, State, Zip Code 2- Telephone Telephone Number ( Lj qlq3 - 0-11(D Fax Number: { ) Describe work to be performed Percentage of contract work to be performed 2. Subcontractor Name Name of Contact Title of Contact E-Mail Address Address City, State, Zip Code Telephone Number ( ) Fax Number: ( ) Describe work to be performed Percentage of contract % work to be performed • Add additional pages as needed Exhibit "A" 30" 0.5" R 29" 13" 47 i 9" _ 1- 811 I-- - 1�L--- m a 1. Street blade shall be 9" wide with variable length. 2. Sign shall be White HIP With green background. 3. Sign shall have 1/2 inch white border. 4. City logo shall stay proportional but no taller than 4" and off set to left of street name. 5. City logo shall be white with a transparent star. 6. Letters shall be white in color with Clearview 1W font. 7. Street name shall be capital first letter with remainder lower case. 8. Street name capital letter shall be 6" in height. 9. Street name abbreviation shall be 3" in height. 10. Street abbreviation shall have first letter capital with secondary letters lower case.