Loading...
Contract - Looks Great Services of Mississippi, Inc. - 10/26/2023 CITY OF ROUND ROCK AGREEMENT FOR CREEK AND CHANNEL DEBRIS REMOVAL SERVICES WITH LOOKS GREAT SERVICES 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 "A eement"), 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 LOOKS GREAT SERVICES, whose offices are located at 1501 MS-13, Columbia, Missouri 39429(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 4854-1811-5199/ss2 r2-�Z3-?S'b dated July 2023; (b) Services Provider's Response to the IFB; (c) contract award; and (d) any exhibits, addenda, and/or amendments thereto. Any inconsistencies or conflicts in the contract documents shall be resolved by giving preference in the following order: (1) This Agreement; (2) Services Provider's Response to IFB;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 partyclaiming such inability. E. Goods and services mean the specified services, supplies, materials, commodities,or equipment. F. Services Provider means Looks Great Services of Mississippi, Inc., 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 EXIBBITS 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. 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 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 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. 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. 3 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 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 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 4 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 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 and as set forth at: hqp://www.roundrocktexas.goy/wp-content/ut)loads/2014/12/corr insurance 07.20112.ndf. 5 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 Environmental Services 3400 Sunrise Road Round Rock,Texas 78665 (512)218-6609 fsanchezAroundrocktexas.gov 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. 6 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 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 7 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 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 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 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 Chapter 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 a provision 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 Services Provider verifies Services Provider 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. 8 Notice to Services Provider: Looks Great Services of Mississippi,Inc. 1501 MS-13 Columbia,MS 39429 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 9 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. 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. 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. [Signatures on the following page.] 10 IN WITNESS WHEREOF, City and Services Provider have executed this Agreement on the dates indicated. City of R and Rock,Texas Looks Great Services of Mississippi,Inc. ► ( �2� By: By Printed Nam Printed Name: I L Title: Title: Se 6'Ye m na Date Signed: Date Signed: Attest: B eagan Spi s, City Jerk For City,App ed as to Form: By: Stephanie L. Sandre, City Attorney 11 Exhibit "A" m UND ROCK TEXAS ASING 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 Exhibit "A" 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:Hroundrocktexas.bonfirehub.com for any updates pertaining to the solicitation described herein. Various updates may include addendums,cancellations, notifications, and any other pertinent information Page 2 of 11 Exhibit "A" 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. 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 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 221 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: htti)s://roundrocktexas.bonfirehub.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 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. Page 3 of 11 Exhibit "A" 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: httl)s://roundrocktxvendors 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—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 Page 4 of I I Exhibit "A" 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 erotest(a-)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 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. PART II Page 5 of 11 Exhibit "A" City of Round Rock Creek and Channel Debris Removal IFB 23-042 Commodity Code: 968-73/958-69 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/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: httos//www roundrocktexas.gov/city-departments/purchasing/ Page 6 of 11 Exhibit "A" 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 less than the general prevailing wage rate of per diem wages for work of a similar character in the locality in which the work is performed; and (2) not less than the general prevailing rate of per diem wages for legal holiday and overtime work. In accordance with Chapter 2258.022, the City adopted through Resolution No. R-2016-3760 the wage rates set forth by the Texas Workforce Commission for the Austin-Round Rock Area as the general prevailing wage rate for the City's public works contracts. A contractor or subcontractor who is awarded a contract by the City shall pay not less than the rates set forth in Attachment 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://roundrocktexas.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, Page 7 of 11 Exhibit "A" City of Round 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.bis.gov/cpi B. Procedure to Request Increase: i. Email the written price increase request to purchasing a(_roundrocktexas.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. Page 8 of 11 Exhibit "A" 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: fsanchez(i�roundrocktexas.gov C. Do not contact the individual listed above with questions or comments regarding this solicitation during the solicitation. Page 9 of 11 Exhibit "A" 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: The 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 (To 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 Page 10 of 11 Exhibit "A" 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. Page 1 I of 11 Exhibit "A" Attachment C- Bid Sheet (REVISED) Creek and Channel Debris Removal IFB 23-042 The Respondent represents by their signature below that they are submitting a binding offer and are authorized to bind the respondent to fully comply with the solicitation documents contained in IFB 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 $22,000.00 $220,000.00 Total: $220,000.00 Labor Rates: Information Only Estmated No. Description Quantity Unit Unit Cost 1 Foreman 100 Per Hour $95.00 2 Laborer(Specialized) 150 Per Hour $80.00 3 Laborer 300 Per Hour $55.00 Per Day 3 Person Crew Rate with Equipment (8 hour work 4 100 da $3,975.00 Debris Haul-Off Rate 5 Per Ton $145.00 Percent markup for materials and equipment: Information Only 1 1 Percent Marku 0-100 0.00% COMPANY NAME, Looks Great Services of Mississippi, Inc PRINTED NAME: Sean Simons PHONE NUMBER: 214-315-7053 EMAIL ADDRESS: seansimons@looksareatservices.com 1oft