R-2023-351 - 10/26/2023 RESOLUTION NO. R-2023-351
WHEREAS, the City of Round Rock ("City") has duly advertised for bids to purchase creek
and channel debris removal services; and
WHEREAS, DigDug Construction,LLC has submitted the lowest responsible bid; and
WHEREAS, the City Council wishes to accept the bid of DigDug Construction, LLC, 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 Creek and Channel Debris Removal Services with DigDug Construction, LLC, 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 26th day of October, 2023.
CRAfGGA , ayor
City o Round R c , Texas
ATTEST:
�A-/ l
MEAGAN S KS, C' -der
0112.20232;4863-6591-5527
EXHIBIT
CITY OF ROUND ROCK
AGREEMENT FOR CREEK AND CHANNEL
DEBRIS REMOVAL SERVICES
WITH
DIG DUG CONSTRUCTION LLC
THE STATE OF TEXAS §
CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
COUNTY OF TRAVIS §
THAT THIS Agreement for creek and channel debris removal services (referred to herein
as the "Agreement"), is made and entered into on this the 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 DIG DUG CONSTRUCTION, LLC, whose mailing
address is P.O. Box 92583, Austin,Texas 78709(referred to herein as the"Services Provider").
RECITALS:
WHEREAS, City desires to purchase creek and channel debris removal services; and
WHEREAS, City has issued its "Invitation for Bid" ("IFB") for the provision of said
services; and
WHEREAS, City has determined that Services Provider provides the lowest responsible
bid City; 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 IFB designated Solicitation No. 23-042
dated July 2023; (b) Services Provider's Response to the IFB; (c) contract award; and (d) any
4871-2498-80311ss2
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; and
(3) City's IFB, 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.
F. Services Provider means DigDug Construction LLC, or any of its corporate
structures,successors or assigns.
2.01 EFFECTIVE DATE AND TERM
A. This Agreement shall be effective on the date it has been signed by both parties
hereto, and shall remain in full force and effect unless and until it expires by operation of the
term stated herein, or until terminated or extended as provided herein.
B. The term of this Agreement is sixty (60) months from the effective date hereof.
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 as set
forth in the Response 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.
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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 SCOPE OF WORK
All items in Exhibit "A" are awarded to Services Provider. For purposes of this
Agreement, City has issued documents delineating the required services (specifically IFB
Solicitation Number 23-042 dated July 2023). 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 perforin 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.
5.01 DUAL PROVIDERS OF SERVICES
The parties specifically acknowledge and agree that Services Provider shall be considered
as one of two (2) providers ("dual providers") of the specified goods and services (plumbing
services). Services Provider specifically further acknowledges and agrees that this Agreement is
not an exclusive agreement. City may, in its sole and unfettered discretion, elect to use either of
the two providers in whatever order it deems most advantageous to City's purposes. City may,
in its sole and unfettered discretion, elect to use any other providers. City is not obligated to use
or purchase any estimated annual quantity of goods, and no guarantee is made of any minimum
or maximum purchase.
6.01 COSTS
A. Only if, as, and when needed by City, the bid costs listed on Attachment C—Bid
Sheet of Exhibit "A," which are specifically relevant to the referenced bid items, shall be the
basis of any charges collected by Services Provider.
B. Services Provider specifically acknowledges and agrees that City is not obligated
to use any estimated annual quantity of services, and City may not expend in excess of Two
Hundred Fifty Thousand and No/100 Dollars ($250,000.00) for Services Provider's services
combined with the dual provider's services for the term of this Agreement.
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7.01 INVOICES
All invoices shall include, at a minimum, the following infonnation:
A. Name and address of Services Provider;
B. Purchase Order Number;
C. Description and quantity of items received or services provided; and
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 27 1.101 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 services
provider(s) and the City. Such agreement shall be conclusively inferred for the services provider
from lack of exception to this clause in the services provider's response. However, all parties
hereby expressly agree that the City is not an agent of, partner to, or representative of those
outside agencies or entities and that the City is not obligated or liable for any action or debts that
may arise out of such independently-negotiated"piggyback"procurements.
9.01 VON-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
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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
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
perforined 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 and as set
forth at:
http://www.roundrocktexas.gov/xvp-content/uploads/2014/12/Corr insurance 07.20112.pdf.
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15.01 CITY'S REPRESENTATIVE
City hereby designates the following representatives authorized to act in its behalf with
regard to this Agreement:
Frederico Sanchez, Senior Engineer
Utilities and Enviromnental Services
3400 Sunrise Road
Round Rock, Texas 78665
(512) 218-6609
fsanchez(d�roundrocktexas.g_ov
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 party 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.
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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
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 tenn of the Agreement except as provided herein.
19.01 INDEi FICATION
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
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a written verification from the company that it: (1) does not boycott Israel; and (2) will not
boycott Israel during the term of the contract. The signatory executing this Agreement on behalf
of Services Provider verifies Services Provider does not boycott Israel and will not boycott Israel
during the term of this Agreement.
C. In accordance with Chapter 2274, Texas Govermnent 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 a provision 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 Services Provider verifies Services Provider does not
have a practice, policy, guidance, or directive that discriininates against a firearm entity or
firearm trade association, and it will not discriminate during the term of this Agreement against a
fireann entity or firearm trade association.
D. In accordance with Chapter 2274, Texas Govermment 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 a provision verifying that it: (1) does not boycott energy companies; and (2)will not boycott
energy companies during the tern of this Agreement. The signatory executing this Agreement on
behalf of Services Provider verifies Services Provider does not boycott energy companies, and it
will not boycott energy companies during the tern 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 terns 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.
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Notice to Services Provider:
DigDug Construction LLC
P.O. Box 92583
Austin, TX 78709
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.
23.01 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.
24.01 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.
25.01 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.
26.01 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
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stricken provision. The provisions of this section shall not prevent this entire Agreement Froin
being void should a provision which is of the essence of this Agreement be determined void.
27.01 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.
Set-vices 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 Iegal 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
perfortnance 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.
[Signatures on the following page.]
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IN WITNESS WHEREOF, City and Services Provider have executed this Agreement on
the dates indicated.
City of Round Rock,Texas DigDug Constr ction LLC
By: By:
Printed Name: Printed arae:
Title: Title:
Date Signed: Date Signe : - Oo7
Attest:
By:
Meagan Spinks, City Clerk
For City, Approved as to Form:
By:
Stephanie L. Sandre, City Attorney
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CXnui -H.
ROUND ROCK T LMS
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)
CREEK AND CHANNEL DEBRIS REMOVAL
SOLICITATION NUMBER 23-042
JULY 2023
r_xnlplt ..H..
City of Round Rock
Creek and Channel Debris Removal
IFB 23-042
Commodity Code: 968-73/958-69
July 2023
CREEK AND CHANNEL DEBRIS REMOVAL
PART
GENERAL REQUIREMENTS
1. PURPOSE AND BACKGROUND: The City of Round Rock, hereinafter referred to as "the City," is inviting
proposals from experienced firms specializing in debris cleanup and removal from creeks and channels.
The purpose of this IFB is to assist the Stormwater Department in entering into an agreement with a
contractor to effectively manage the creek cleanup operations within public properties.
The contract for this project will have a not-to-exceed amount of$50,000 per year, with a total contract
amount not exceeding $250,000.
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)7-9
Part IV—Scope of Work/Specifications Page(s) 10-11
Attachment A—Reference Sheet Separate Attachment
Attachment B—Prevailing Wage Rates Separate Attachment
Attachment C— Bid Sheet Separate Attachment
Attachment D—Creek Maintenance Exhibit Separate Attachment
3. SCHEDULE OF EVENTS: It is the City's intention to follow the solicitation timeline below.
EVENT DATE
Solicitation released July 14, 2023
Mandatory Pre-Bid meeting/site visit July 27, 2023 @ 9:00 AM, CST
Deadline for submission of questions August 2, 2023 @ 5:00 PM, CST
City responses to questions or addendums Approximately August 4, 2023 @ 5:00 PM,
CST
Deadline for submission of responses August 10, 2023 @ 3:00 PM, CST
All questions regarding the solicitation shall be submitted through Bonfire 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:
https://roundrocktexas.bonfirehub.com
4. SOLICITATION UPDATES: Respondents shall be responsible for monitoring the City's website at
https://roundrocktexas.bonfirehub.com for any updates pertaining to the solicitation described herein.
Various updates may include addendums, cancellations, notifications, and any other pertinent information
PaL,e 2 of I I
Cxn[1311 H..
City of Round Rock
Creek and Channel Debris Removal
IFB 23-042
Commodity Code: 968-73/958-69
July 2023
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.
5. MANDATORY PRE-PROPOSAL MEETING, SITE VISIT, AND/OR INSPECTION: A pre-bid meeting/site
visit, and inspection will be conducted to fully acquaint Respondents with the facilities, difficulties and/or
restrictions inherent in the services specified. fhe 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 mandatory. Respondents shall sign-in at the pre-
proposal meeting to document their attendance. Immediately following the pre-proposal meeting, a site
visit tour will be conducted to enable Respondents to assess conditions. Respondents shall sign-in at
each site of the tour to document their attendance. The City reserves the right to determine a response
"not available for award" if the Respondent fails to attend the mandatory pre-proposal meeting and site
visit tour which shall initially begin at:
Round Rock City Hall
229 E Main St.
Round Rock,Texas 78664
B. Respondents will be responsible for their own transportation for the site visit tour.
C. A map for each location will be provided at the pre-proposal meeting.
D. Respondents are strongly encouraged to bring a copy of the solicitation document with them to the pre-
proposal meeting/site visit.
E. It is the responsibility of the Respondent to examine each facility and determine quantity, amounts, take
precise measurements, determine material requirements, equipment requirements, labor requirements
and other solicitation related details during said site visits.
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.bonfirehub.corn
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.
T. 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 creek and channel
debris removal 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 RFP 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.
Paec 3 of I 1
t_XnlDli ..H..
City of Round Rock
Creek and Channel Debris Removal
IFB 23-042
Commodity Code: 968-73/958-69
July 2023
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 RFP process.
In order to do business with the City of Round Rock you must be registered with the City's Vendor
Database. To register, go to: https://roundrocktxvendors.munisselfservice.comNendors/defauIt.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—Reference Sheet
❑ Attachment C— Bid Sheet
❑ Acknowledged Addenda (if applicable)
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:
https://www.ethics.state.tx.us/whatsnew/elf info form1295.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
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
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City of Round Rock
Creek and Channel Debris Removal
IFB 23-042
Commodity Code: 968-73/958-69
July 2023
by electronic mail to the City's Purchasing Department at protestna.roundrocktexas.gov.
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 Due Date: 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 detennination 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.
PART II
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City of Round Rock
Creek and Channel Debris Removal
IFB 23-042
Commodity Code: 968-13/958-69
July 2023
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-departments/purchasin.q . In addition, the Supplemental Terms and
Conditions listed in Section III, shall also be enforced as part of the contract.
2. INSURANCE: l he Respondent shall meet or exceed all insurance requirements set forth in Standard
Insurance Requirements. The City's Standard Insurance Requirements document can be viewed and
downloaded from the City's website at: https://www.roundrocktexas.gov/city-departments/purchasing/
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City of Round Rock
Creek and Channel Debris Removal
IFB 23-042
Commodity Code: 968-73/958-69
July 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 for sixty (60)
months.
B. 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.
C. 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: Respondent shall not subcontract or otherwise engage subcontractors to perform
required services.
3. PREVAILING WAGE: Pursuant to Chapter 2258 of the Texas Government Code, a worker employed on a
public work project by a city must be paid: (1) not fess than the general prevailing wage rate of per diem
wages for work of a similar character in the locality in which the work is performed; and (2) not less than the
general prevailing rate of per diem wages for legal holiday and overtime work. In accordance with Chapter
2258.022, the City adopted through Resolution No. R-2016-3760 the wage rales set forth by the Texas
Workforce Commission for the Austin-Round Rock Area as the general prevailing wage rate for the City's
public works contracts. A contractor or subcontractor who is awarded a contract by the City shall pay not
less than the rates set forth in Attachment B and comply with all applicable sections of Chapter 2258.
Attachment B— Prevailing Rates are posted in Solicitation Documents for IFB 23-042 Creek and Channel
Debris Removal on the City of Round Rock Bonfire website at.-
https:Hroundrocktexas.bonfirehub.com
4. 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.
5. 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.
6. 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,
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City of Pound Rock
Creek and Channel Debris Removal
IFB 23-042
Commodity Code: 968-73/958-69
July 2023
insurance, bonds, and risk management. No separate line-item charges shall be permitted for either
response or invoice purposes.
Prices for materials will be on a percent off manufacturer suggested retail price (MSRP) basis. The percent
discount(%), if any, will be designated by the Respondent in the solicitation response document. Invoices
for work performed shall require a copy of a supplies receipt to be included. Failure to provide the
contracted MSRP discount on an invoice may result in payment at Contractor's cost.
7. PRICE INCREASE: Contract prices for creek and channel debris removal shall remain firm throughout the
initial twelve (12) month term of the contract. A price increase to the agreement may be considered on the
anniversary date of the Contract each year and shall be equal to the consumer price index for that year, but
at no time can the increase be greater than 10% for any single line item unless otherwise approved by the
City.
A. Consumer Price Index(CPI): Price adjustments will be made in accordance with the percentage
change in the U.S. Department of Labor Consumer Price Index (CPI-U)for all Urban Consumers. The
price adjustment rate will be determined by comparing the percentage difference between the CPI in
effect for the base year six-month average(January through June OR July through December), and
each (January through June OR July through December six month average) thereafter. The
percentage difference between those two CPI issues will be the price adjustment rate. No retroactive
contract price adjustments will be allowed. The Consumer Price Index (CPI) is found at the Bureau of
Labor Statistics, Consumer Price Index website: http://www.bls.gov/cpi
B. Procedure to Request Increase:
i. Email the written price increase request to purchasing(a)round rocktexas,gov with the rate detail
comparison, a comprehensive calculation, and any supporting documentation to the designated
City Contract Specialist a minimum of 45 days prior to the annual Contract anniversary date. The
detailed written calculation will be verified and confirmed. All written requests for increases must
include the City of Round Rock contract number, solicitation reference information and contact
information for the authorized representative requesting the increase.
ii. Upon receipt of the request, the City reserves the right to either accept the escalation and make
change to the purchase order within 30 days of the request or negotiate with the Vendor or cancel
the agreement or purchase order if an agreement cannot be reached on the value of the increase.
8. ACCEPTANCE/INSPECTION: Acceptance/Inspection should not take more than five(5)working days.
The Contractor 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.
9. PERFORMANCE REVIEW: The City reserves the right to review the awarded Contractor's performance
anytime during the contract term.
10. 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_
11. AWARD: The City reserves the right to enter into an Agreement or a Purchase Order with a single award,
split award, primary and secondary award, non-award, or use any combination that best serves the interest
and at the sole discretion of the City. Respondents to the solicitation will be notified when City staff
recommendation of award has been made. The award announcement will be posted to the City's website
at https://roundrocktexas.bonfirehub.com once City Council has approved the recommendation of award
and the agreement has been executed.
12. POST AWARD MEETING: The City and successful Respondent(s)may have a post award meeting to
discuss,but not be limited to the following:
A. The method to provide a smooth and orderly transition of services performed from the current
contractor.
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City of Round Rock
Creek and Channel Debris Removal
IFB 23-042
Commodity Code: 968-73/958-69
July 2023
B. Provide City contact(s) information for implementation of agreement.
C. Identify specific milestones, goals, and strategies to meet objectives.
13. POINT OF CONTACT/ DESIGNATED REPRESENTATIVE:
A. Contractor's point of contact: In order to maintain consistent standards of quality work performed
across the City, the City shall be provided with a designated and identified point of contact upon award
of the contract to include contact information. The City's designated representative shall be notified by
the Respondent immediately should the point of contact change.
B. The City's designated representative: The City's designated representative shall be:
Federico Sanchez
Engineer-Senior
Utilities and Environmental Services
Phone: +1 (512) 218-6609
E-mail: isanclieza roundrocktexas.gov
C. Do not contact the individual listed above with questions or comments regarding this
solicitation during the solicitation.
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City of Round Rock
Creek and Channel Debris Removal
IFB 23-042
Commodity Code: 968-73/ 958-69
July 2023
PART IV
SCOPE OF WORK
1. PURPOSE AND BACKGROUND: i he purpose of this IFB is to assist the Stormwater Department in
effectively managing the creek cleanup operations within public properties.
As part of the comprehensive Stormwater Master Plan, the City has conducted a thorough creek
maintenance evaluation and developed an extensive creek maintenance plan. The primary objective of this
plan is to ensure the ongoing maintenance and cleanup of creeks and channels located within the city
limits. Currently, the City has identified approximately 35,000 linear feet(LF)of creeks that require regular
debris removal maintenance.
Over time, certain segments of the creeks within the city limits have accumulated significant amounts of
debris, which, if left unattended, could pose a potential flood risk.Therefore, it is crucial for the City to
partner with an experienced and capable firm to address this issue promptly and efficiently.
The City of Round Rock is committed to maintaining the safety and well-being of its residents, and effective
creek cleanup and debris removal play a vital role in achieving this objective. By implementing a
comprehensive debris removal and tree-cutting program, we aim to mitigate potential flooding risks,
enhance the aesthetic appeal of our creeks, and ensure the long-term sustainability of our stormwater
infrastructure.
Interested firms are invited to submit their bids in response to this IFB,demonstrating their expertise,
experience, and capacity to perform the required debris cleanup and tree-cutting services within the defined
segments of our creeks. The City welcomes proposals that offer innovative approaches, environmentally
responsible practices, and cost-effective solutions to address this critical maintenance need.
2. SERVICE REQUIREMENTS: The proposed work will be conducted in 1000 linear feet (LF)segments, with
the City selecting one segment at a time from the exhibit attached to this letter. Upon completion of work on
the first segment, another 1000 LF segment will be chosen for cleanup, and this process will continue. The
scope of work for each selected segment will include:
A. Removal and disposal of all dead wood and other debris within the channel bottom and banks (Exact
cleanup limits will be discussed during a walk-through meeting before each bid).
B. Stump grinding may be required in some areas (To be determined during the walk-through).
C. Cut and removal of dead, dying, diseased, or unsound trees, cutting 24"above the ground without
removing the root ball. Approved herbicide should be applied to stumps to prevent regrowth.
D. Removal of all dead tree limbs on living trees.
E. Removal and disposal of some shrubs and undergrowth within high-risk areas, as needed (To be
determined during the walk-through).
F. Removal of some hazardous living trees adjacent to existing utilities and structures (ro be determined
during the walk-through).
3. CONTRACTOR RESPONSIBILITIES: The Contractor shall—
A. Schedule all requested services in advance with the City's point of contact.
B. Perform quality work that must be signed off and approved by a City of Round Rock representative.
C. Ensure that all personnel are skilled and qualified to perform the required services.
D. Remove all tree limbs and debris from the work area, disposing of them appropriately. The worksite
should be left in a clean and safe condition.The Contractor is solely responsible for any damage
caused to serviced properties.
E. Rent any necessary equipment to complete the tasks.
F. Bear responsibility for any disposal fees incurred.
G. Properly dispose of all rubbish, woody materials, and waste materials in compliance with applicable
federal, state, and local health, safety, and environmental laws.
H. Visit and inspect the locations prior to submitting a project proposal, ensuring familiarity with the scope
of work, local conditions, and anticipating any variations. Inspections must be scheduled through the
City's designated representative.
I. Provide a written quote/estimate for the work to be performed, with work initiation subject to the City's
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City of Round Rock
Creek and Channel Debris Removal
IFB 23-042
Commodity Code: 968-73/958-69
July 2023
consent in the form of a formal purchase order(PO) number.
J. Take appropriate safety precautions, including the placement of safety cones and other barriers as
needed to secure the work area.
K. Maintain communication throughout the entire job process, as timely communication is vital to the City
of Round Rock.
L. Avoid using heavy equipment within the channel bottoms and parts of the embankments to minimize
disturbance. Any areas where vegetation has been removed due to equipment within the work area
must be seeded and stabilized as needed with erosion control mats. The Contractor is responsible for
any damage caused to serviced properties.
4. DESIGNATED POINT OF CONTACT: To ensure consistent communication and efficient coordination, the
City of Round Rock requires the Contractor to provide a designated and identified crew leader/point of
contact upon contract award.This contact person will serve as the primary liaison between the Contractor
and the City throughout the contract term. They will be responsible for maintaining open lines of
communication, promptly addressing any issues or concerns, and facilitating effective collaboration
between the two parties. The designated contact person's name and telephone number should be provided
to the City, and any changes to this information must be immediately communicated to the City's
designated representative. The Contractor's compliance with this requirement will help maintain smooth
operations and enable timely resolution of any project-related matters that may arise.
5. WORK HOURS: Regular business hours are from 8 am to 5 pm, Monday through Friday. Weekend work
may be permitted on an as-needed basis.
6. ESTIMATES: The Contractor shall provide a non-binding written "Not to Exceed"estimate on all projects
upon request.The estimate should include:
A. Department name and location of the project.
B. Contractor's designated contact name and telephone number.
C. Breakdown of labor costs(number of workers, hourly rate).
D. Materials (detailed description, quantity, unit price, and extended price amounts).
E. Total cost(labor and materials).
F. Description specifying the work to be done.
G. Projected time for project completion.
7. CITY RESPONSIBILITIES: The City will -
A. Conduct a walk-through meeting on-site before each bid to discuss the limits of work and address any
questions related to the scope of work for the assigned cleanup segments.
B. Coordinate scheduling with the Contractor.
C. Provide access to locations where services are required.
D. Inspect the work performed to ensure compliance with the scope of work.
E. Review all invoices to ensure accuracy.
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Attachment C-Bid Sheet (REVISED)
Creek and Channel Debris Removal
IFI3 23-042
1 he Respondent represents by their signature below that they are submitting a binding offer and are authorized to bind the respondent to fully comply with
the solicitation documents contained in IFB 23-042 Creek and Channel Debris Removal.The Respondent acknowledges that they have received and read
the entire solicitation packet,attachments,and all documents incorporated by reference,and agrees to be bound by the terms therein.
Special Instructions:All prices must be quoted in order to be considered responsive,be advised that exceptions taken to any portion of the solicitation will
jeopardize acceptance of the bid.Alternative bids will not be considered and unauthorized modifications to the bid sheet format will result in the rejection of
the bid_The City reserves the right to purchase more or less than the quantities indicated below
No. Description Estimated Unit Unit Cost Extended Total
Quantity
Per 1000
1 Creek and Channel Debris Removal 10,000 linear feet $25,000.00 $250,000.00
Total: $250,000.00
Labor Rates:Information Only
Estmated
No. Description Quantity Unit Unit Cost
1 Foreman 100 Per Hour $70.00
2 Laborer(Specialized) 150 Per Hour $50.00
_ 3 Laborer 300 Per Hour $80,00
Per Day
3 Person Crew Rate with Equipment (8 hour work
4 100 da $2,000.00
Debris Haul-Off Rate
5 1 Per Ton 1 150.00
Percent markup for materials and equipment;Information Only
1 Percent Markup 0-100 T_ 20.00%
COMPANY NAME: Dig Dug Construction LLC
PRINTED NAME: Chris Harrison
PHONE NUMBER: 512-382-0008
EMAIL ADDRESS: office(cpdiQduRconstruction.com
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