Contract - Austin HLK, Inc. d/b/a Sweep Across Texas - 3/14/2024 CITY OF ROUND ROCK
AGREEMENT FOR STREET SWEEPING SERVICES
WITH
AUSTIN HLK,INC.
D/B/A SWEEP ACROSS TEXAS
THE STATE OF TEXAS §
CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
COUNTY OF TRAVIS §
THAT THIS Agreement for purchase of street sweeping services for the City of Rotind
Rock, Texas (referred to herein as the "Agreement"), is made and entered into on this the
day of the month of , 2024, 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 AUSTIN HLK, INC. d/b/a SWEEP ACROSS
TEXAS whose offices are located at 1512 Dungan Lane, Austin, Texas 78754 (referred to herein
as the"Services Provider").
RECITALS:
WHEREAS, City desires to purchase street sweeping services, and City desires to procure
same from Services Provider; and
WHEREAS, City has issued its "Invitation for Bid"for the provision of said services, and
City has selected the Bid submitted by the Services Provider; 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:
1.0 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 provide
said services. The Agreement includes the following: (a) City's Invitation for Bid, designated
Solicitation Number 24-009 dated November 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:
4895-8596-5466/ss2
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(1) This Agreement;
(2) Services Provider's Response to IFB;
(3) City's Invitation for Bids, exhibits, and attachments.
B. City means the City of Round Rock, Williamson and Travis Counties, Texas.
C. Effective Date means the date upon which the binding signatures of both parties to
this Agreement are affixed.
D. Force Majeure means acts of God, strikes, lockouts, or other industrial
disturbances, acts of the public enemy, orders of any kind from the government of the United
States or the State of Texas or any civil or military authority, insurrections, riots, epidemics,
landslides,lightning,earthquakes,fires,hurricanes,storms,floods,restraint of the government and
the people, civil disturbances,explosions, or other causes not reasonably within the control of the
party claiming such inability.
E. Goods and services mean the specified services, supplies,materials,commodities,
or equipment.
2.0 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 as provided herein.
B. The term of this Agreement is for sixty months(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.
3.0 CONTRACT DOCUMENTS AND EXHIBITS
A. City selected Services Provider to supply the services as outlined in the IFB and
Response to IFB submitted by Services Provider, all as specified in Exhibit"A," attached hereto
and incorporated herein by reference. The intent of these documents is to formulate an Agreement
listing the responsibilities of both parties as outlined in the IFB and as offered by Services Provider
in its Response to the IFB.
B. 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.
4.0 ITEMS AWARDED AND SCOPE OF WORK
A. All bid items listed on "Attachment B —Bid Sheet" in Exhibit"A"are awarded to
Services Provider.
B. For purposes of this Agreement,City has issued documents delineating the required
services(specifically Invitation for Bid Solicitation Number 24-009). 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." 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.
C. 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.
5.0 COSTS
A. The bid costs listed on Attachment B—Bid Sheet of Exhibit"A," shall be the basis
of any charges collected by Services Provider.
B. In consideration for the services set forth in Exhibit "A," the City shall be
authorized to pay the Services Provider an amount not-to-exceed Three Hundred Two Thousand
Two Hundred Eighty-Five and 52/100 Dollars ($193,361.00) per year for an amount not-to-
exceed One Million Five Hundred Eleven Four Hundred Twenty-Seven and 60/100 Dollars
($1,511,427.60) for the term of this Agreement.
6.0 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.
7.0 INTERLOCAL COOPERATIVE CONTRACTING/PURCHASING
Authority for local governments to contract with one another to perform certain
governmental functions and services, including but not limited to purchasing functions, is granted
under Government Code, Title 7, Chapter 791, Interlocal Cooperation Contracts, Subchapter B
and Subchapter C, and Local Government Code, Title 8, Chapter 271, Subchapter F, Section
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.
8.0 NON-APPROPRIATION AND FISCAL FUNDING
This Agreement is a commitment of City's current revenues only. It is understood and
agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year
if the governing body of City does not appropriate funds sufficient to purchase the services as
determined by City's budget for the fiscal year in question. City may effect such termination by
giving Services Provider a written notice of termination at the end of its then current fiscal year.
9.0 PROMPT PAYMENT POLICY
In accordance with Chapter 2251,V.T.C.A.,Texas Government Code,payment to Services
Provider will be made within thirty (30)days of the day on which City receives the performance,
supplies,materials,equipment, and/or deliverables, or within thirty(30)days of the day on which
the performance of services was complete, or within thirty (30) days of the day on which City
receives a correct invoice for the performance and/or deliverables or services, whichever is later.
Services Provider may charge interest on an overdue payment at the"rate in effect"on September
1 of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas
Government Code, Section 2251.025(b); however, this Policy does not apply to payments made
by City in the event:
A. There is a bona fide dispute between City and Services Provider, a contractor, a
subcontractor or supplier about the 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 service performed that causes
the payment to be late; or
D. Invoices are not mailed to City in strict accordance with instructions, if any, on
the purchase order or the Agreement or other such contractual agreement.
10.0 GRATUITIES AND BRIBES
City may, by written notice to 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.
11.0 TAXES
City is exempt from Federal Excise and State Sales Tax;therefore,tax shall not be included
in Services Provider's charges.
12.0 ORDERS PLACED WITH ALTERNATE SERVICES PROVIDERS
If Services Provider cannot provide the services as specified, City reserves the right and
option to obtain the services from another supplier or suppliers.
13.0 INSURANCE
Services Provider shall meet all requirements as stated in the attached IFB Number 18-014,
including all attachments and exhibits thereto, and Services Provider's bid response.
14.0 CITY'S REPRESENTATIVE
City hereby designates the following representatives authorized to act in its behalf with
regard to this Agreement:
Gary Hudder
Transportation Director
3400 Sunrise Road
Round Rock, Texas 78665
512-218-5560
Rhudder@roundrocktexas.gov
15.0 RIGHT TO ASSURANCE
Whenever either party to this Agreement, in good faith, has reason to question the other
party's intent to perform hereunder, then demand may be made to the other party for written
assurance of the intent to perform. In the event that no written assurance is given within the
reasonable time specified when demand is made,then and in that event the demanding party may
treat such failure as an anticipatory repudiation of this Agreement.
16.0 DEFAULT
If Services Provider abandons or defaults under this Agreement and is a cause of City
purchasing the specified services 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 services
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.
17.0 TERMINATION AND SUSPENSION
A. City has the right to terminate this Agreement, in whole or in part, for convenience
and without cause, at any time upon thirty (30)days' written notice to 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 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.
18.0 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.
19.0 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 services unless the contract contains written
verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel
during the term of this contract. The signatory executing this Agreement on behalf of Services
Provider verifies Services Provider does not boycott Israel and will not boycott Israel at any time
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.
20.0 ASSIGNMENT AND DELEGATION
The parties each hereby bind themselves,their successors,assigns and legal representatives
to each other with respect to the terms of this Agreement. Neither party shall assign, sublet or
transfer any interest in this Agreement without prior written authorization of the other party.
21.0 NOTICES
All notices and other communications in connection with this Agreement shall be in writing
and shall be considered given as follows:
1. When delivered personally to the recipient's address as stated in this Agreement;
or
2. Three(3)days after being deposited in the United States mail,with postage prepaid
to the recipient's address as stated in this Agreement.
Notice to Services Provider:
Austin HLK, Inc.
d/b/a Sweep Across Texas
1512 Dungan Lane
Austin, Texas 78754
Notice to City:
City Manager Stephanie L. Sandre, City Attorney
221 East Main Street AND TO: 309 East Main Street
Round Rock, TX 78664 Round Rock, TX 78664
Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of City and Services Provider.
22.0 APPLICABLE LAW,ENFORCEMENT AND VENUE
This Agreement shall be enforceable in Round Rock,Texas,and if legal action is necessary
by either party with respect to the enforcement of any or all of the terms or conditions herein,
exclusive venue for same shall lie in Williamson County,Texas.This Agreement shall be governed
by and construed in accordance with the laws and court decisions of the State of Texas.
23.0 EXCLUSIVE AGREEMENT
This document, and all appended documents, constitutes the entire Agreement between
Services Provider and City. This Agreement may only be amended or supplemented by mutual
agreement of the parties hereto in writing, duly authorized by action of the City Manager or City
Council.
24.0 DISPUTE RESOLUTION
City and Services Provider hereby expressly agree that no claims or disputes between the
parties arising out of or relating to this Agreement or a breach thereof shall be decided by any
arbitration proceeding, including without limitation,any proceeding under the Federal Arbitration
Act(9 USC Section 1-14)or any applicable state arbitration statute.
25.0 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion or provision of this Agreement void shall in no way
affect the validity or enforceability of any other portion or provision of this Agreement. Any void
provision shall be deemed severed from this Agreement, and the balance of this Agreement shall
be construed and enforced as if this Agreement did not contain the particular portion or provision
held to be void.The parties further agree to amend this Agreement to replace any stricken provision
with a valid provision that comes as close as possible to the intent of the stricken provision. The
provisions of this section shall not prevent this entire Agreement from being void should a
provision which is of the essence of this Agreement be determined void.
26.0 MISCELLANEOUS PROVISIONS
Standard of Care. Services Provider represents that it employs trained, experienced and
competent persons to perform all of the services, responsibilities and duties specified herein and
that such services,responsibilities and duties shall be performed in a manner according to generally
accepted industry practices.
Time is of the Essence. Services Provider understands and agrees that time is of the
essence and that any failure of Services Provider to fulfill obligations for each portion of this
Agreement within the agreed timeframes will constitute a material breach of this Agreement.
Services Provider shall be fully responsible for its delays or for failures to use best efforts in
accordance with the terms of this Agreement. Where damage is caused to City due to Services
Provider's failure to perform in these circumstances, City may pursue any remedy available
without waiver of any of City's additional legal rights or remedies.
Force Majeure. Neither City nor Services Provider shall be deemed in violation of this
Agreement if it is prevented from performing any of its obligations hereunder by reasons for which
it is not responsible as defined herein. However, notice of such impediment or delay in
performance must be timely given, and all reasonable efforts undertaken to mitigate its effects.
Multiple Counterparts. This Agreement may be executed in multiple counterparts, any
one of which shall be considered an original of this document; and all of which, when taken
together, shall constitute one and the same instrument.
IN WITNESS WHEREOF, City and Services Provider have executed this Agreement on
the dates indicated.
City of Round Rock, Texas Austin HLK, Inc.
d/b/a Sweep Across Texas
l -o
By: By: �&L / �.�G', le� 2
Printed Na e: Printed Name: Chris Whitaker
Title: Title: Director
Date Signed:1 Date Signed: 1/9/2024
Attest:
By:
Meagan Spin s, lerk
For City, Approved as to Form:
By:
Stephanie L. Sandre, City Attorney
Exhibit "A"
f
ROUND ROCK TEXAS
PURCHASING DIVISION
City of Round Rock, Texas
Purchasing Division
221 East Main Street
Round Rock, Texas 78664-5299
www.roundrocktexas.gov
INVITATION FOR BID (IFB)
STREET SWEEPING SERVICES
SOLICITATION NUMBER 24-009
NOVEMBER 2023
City of Round Rock
Exhibit "A"
Street Sweeping Services
IFB 24-009
Commodity Code: 968-74
NOVEMBER 2023
STREET SWEEPING SERVICES
PART
GENERAL REQUIREMENTS
1. PURPOSE: The City of Round Rock, herein after"the City" seeks proposals from firms experienced in
providing street sweeping services.
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) 10-12
Attachment A—Reference Sheet Separate Attachment
Attachment B—Bid Sheet Separate Attachment
Attachment C—Equipment List Separate Attachment
Attachment D—Bid Submittal Form Separate Attachment
Attachment E—Central Business District Separate Attachment
Attachment F—Arterial Streets Separate Attachment
Attachment G—Residential Streets Separate Attachment
3. SCHEDULE OF EVENTS: It is the City's intention to follow the solicitation timeline below.
EVENT DATE
Solicitation released November 3, 2023
Deadline for submission of questions November 14, 2023 @ 3:00 PM, CST
City responses to questions or addendums Approx November 17, 2023 @ 3:00 PM CST
Deadline for submission of responses December 8, 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:Hroundrocktexas.bonfirehub.com
The City reserves the right to modify these dates. Notice of date change will be posted to the City's website:
https:Hroundrocktexas.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
necessary for the submission of a correct and accurate response. The City will not be held responsible for
any further communication beyond updating the website.
Page 2 of 12
City of Round Rock
Exhibit "A"
Street Sweeping Services
IFB 24-009
Commodity Code: 968-74
NOVEMBER 2023
5. 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:Hroundrocktexas.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.
6. 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 commercial street
sweeping services 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. Have adequate organization, facilities, equipment, financial capability, and personnel to ensure prompt
and efficient service to the City.
D. Include in the proposal a list of all litigation the company or its principals have been involved in within
the last three(3)years.
E. Demonstrate experience in the commercial street sweeping business for a minimum of 3 years.
F. Operate out of a commercial fixed site location within Williamson or surrounding
counties. The City reserves the right to inspect the commercial location and equipment prior to contract
award to determine if the vendor meets specification and can perform contract services.
G. 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:Hroundrocktxvendors.munisselfservice.com/Vendors/default aspx
7. 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 B—Bid Sheet
❑ Attachment C—Equipment List: provide an up-to-date list of equipment that will be used during this
agreement. Incomplete or inadequate information on this attachment may deem the bid non-
responsive.
❑ Attachment D—Bid Submittal Form
❑ Acknowledged Addenda (if applicable)
Page 3 of 12
City of Round Rock
Exhibit "A"
Street Sweeping Services
IFB 24-009
Commodity Code: 968-74
NOVEMBER 2023
8. BEST VALUE EVALUATION AND CRITERIA: The City reserves the right to reject any or all responses, or
to accept any response deemed most advantageous, or to waive any irregularities or informalities in the
response received that best serves the interest and at the sole discretion of the City. All solicitations
received may be evaluated based on the best value for the City. In determining best value, the City may
consider:
A. Purchase price.
B. Reputation of Respondent and of Respondent's goods and services.
C. Quality of the Respondent's goods and services.
D. The extent to which the equipment, goods, and services meet the City's needs.
E. Respondent's past performance with the City.
F. The total long-term cost to the City to acquire the Respondent's goods or services.
G. Any relevant criteria specifically listed in the solicitation.
H. If the solicitation is evaluated with points, the respondent must earn a minimum of 15 points on criteria
not related to cost in order to be considered for contract award.
Respondents may be contacted for clarification of bid and/or to discuss details of the services they are
proposing.
9. 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
10. 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.
11. 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
by electronic mail to the City's Purchasing Department at protest(d-)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
Page 4 of 12
City of Round Rock
Exhibit "A"
Street Sweeping Services
IFB 24-009
Commodity Code: 968-74
NOVEMBER 2023
you know or should have known of the facts relating to the protest. If you do not file a written notice
of intent within this time, you have waived all rights to protest the solicitation process or the award.
ii. You must file your formal written protest within ten (10)working days of the date that you know or
should have known of the facts relating to the protest unless you know of the facts before the Offer
has been closed. If you know of the facts before those dates, you must notify the City as stated in
section (A) above.
iii. You must submit your protest in writing and must include the following information:
a. your name, address, telephone number, and email address.
b. the solicitation number.
c. a specific identification of the statutory or regulatory provision that you are alleging has been
violated.
d. a detailed statement of the factual grounds for your protest, including copies of any relevant
documents.
e. a statement of any issues of law or fact that you contend must be resolved; and
f. a statement of the argument and authority that you offer in support of your protest.
iv. Your protest must be concise and presented logically and factually to help with the City's review.
C. Receipt of Timely Protest: When the City receives a timely and complete written protest, the
Purchasing Manager, with assistance from the City Attorney, shall make one of the following
determinations:
i. Determine that a violation of rules and statutes has occurred prior to the award of the contract and
inform you and other interested parties of the determination. The City will prepare updated
solicitation documents and will re-solicit.
ii. Determine that no violation of rules or statutes has occurred and inform you and other interested
parties of the decision by letter. The reasons for the determination will be presented in the letter.
iii. Determine that a violation of rules and statutes has occurred after the award of the contract and
inform you and other interested parties of the determination. However, the awarded contract will not
be canceled. As needed, corrective actions may be taken with purchasing or any other pertinent
City staff.
iv. A determination will usually be made within fifteen (15) business days after receipt of the formal
protest.
v. Any written decisions by the Purchasing Manager shall be the final administrative action for
the City.
All documentation pertaining to a protest will be kept on file at the City and are subject to open records
requests.
Page 5 of 12
City of Round Rock Exhibit "A"
Street Sweeping Services
IFB 24-009
Commodity Code: 968-74
NOVEMBER 2023
PART 11
DEFINITIONS, STANDARD TERMS AND CONDITIONS
AND INSURANCE REQUIREMENTS
1. DEFINITIONS, STANDARD TERMS AND CONDITIONS: By submitting a response to this solicitation, the
Respondent agrees that the City's Definitions and Standard Terms and Conditions, in effect at the time of
release of the solicitation, shall govern unless specifically provided otherwise in a separate agreement or on
the face of a purchase order. These can be obtained from the City's website at:
https://www.roundrocktexas.gov/citv-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: https://www.roundrocktexas.gov/city-departments/purchasing
Page 6 of 12
City of Round Rock Exhibit "A"
Street Sweeping Services
IFB 24-009
Commodity Code: 968-74
NOVEMBER 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. The Gity seeks to do business directly with a company experienced in providing street
sweeping service.
3. SAFETY: The City reserves the right to remove any employee from City property for violation of federal,
state, and local health, safety and environmental laws, ordinances, rules, and regulations. The Respondent
shall:
A. Ensure that all employees comply with all Occupational Safety and Health Administration (OSHA), State
and City safety and occupational health standards and other applicable federal, state, and local health,
safety, and environmental laws ordinances, rules, and regulations in the performance of these services.
B. Be held responsible for the safety of their employees and unsafe acts or conditions that may cause
injury or damage to any persons or property within and around the work site. In case of conflict, the
most stringent safety requirement shall govern.
C. Indemnify and hold the City harmless from and against all claims, demands, suits, actions,judgments,
fines penalties and liability of every kind arising from the breach of the Contractor's obligations under
this paragraph.
D. Follow the below specifications in the resulting agreement(where applicable)
i. The Texas Manual on Uniform Traffic Control Devices.
ii. Texas Department of Transportation Standard Specifications.
iii. Regulations of the Public Works Department, City of Round Rock, Texas.
iv. All applicable federal, state and municipal laws, statutes, ordinances, and regulations affecting
safety and/or street sweeping services.
v. All subsequent revisions and supplements to the above documents.
E. Ensure that the Contractor's equipment and personnel shall move in the same direction as traffic at all
times during and all cleaning and sweeping.
F. Be kept open to traffic at all times throughout sweeping operations.
G. Inclement Weather: The National Weather Service (NWS) shall be the weather forecasting and
reporting agency. Forecasts by the NWS shall be deemed to extend only twelve (12) hours into the
future.
i. No cleaning operations shall be conducted when there are climatic conditions present or forecast
that would make such operations ineffectual or dangerous, including, but not limited to heavy rains,
ice, sleet and fog.
Page 7 of 12
City of Round Rock
Exhibit "A"
Street Sweeping Services
IFB 24-009
Commodity Code: 968-74
NOVEMBER 2023
ii. The Contractor may suspend operations if conditions are such that cleaning operations cannot be
carried out in a safe and effective manner. If suspension occurs, the Contractor shall immediately
notify the Transportation Superintendent.
iii. The Transportation Superintendent will, at his discretion, have the right to order the suspension of
any cleaning operations whenever, in his or her judgment, any present or impending weather
conditions are such that cleaning operations cannot be carried out in an effective manner.
iv. In the event the City sands roadways and determines that the debris exceeds the normal debris
level, the City may order, and the Contractor shall perform, special sand clean-up services at the
unscheduled hourly rate bid herein.
4. WORKFORCE: Successful Respondent shall:
A. Ensure Respondent's employees perform the services in a timely, professional, and efficient manner.
B. Ensure Respondent's employees, while working on City property, wear a company uniform that clearly
identifies them as the Respondent's employee.
C. Employ all personnel for work in accordance with the requirements set forth by the United States
Department of Labor. The City reserves the right to verify citizenship or right to work in the United
States.
5. PRICING: The Respondent shall determine and submit a fixed cost for the work and shall include all
incidental costs, labor, overhead charges, travel, payroll expenses, freight, equipment acquisition and
maintenance, demurrage, fuel surcharges, delivery charges, costs associated with obtaining permits,
insurance, bonds, and risk management. No separate line-item charges shall be permitted for either
response or invoice purposes.
6. PRICE INCREASE: Contract prices for street sweeping services 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 15%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.
7. 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.
Page 8 of 12
City of Round Rock Exhibit "A"
Street Sweeping Services
IFB 24-009
Commodity Code: 968-74
NOVEMBER 2023
8. PERFORMANCE REVIEW: The City reserves the right to review the awarded Contractor's performance
anytime during the contract term.
9. ORDER QUANTITY: The quantities shown on the solicitation are estimates only. No guarantee of any
minimum or maximum purchase is made or implied. The City will only order the services/goods needed to
satisfy requirements within budgetary constraints, which may be more or less than indicated.
10. 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.
11. POST AWARD MEETING: The City and successful Respondent(s) may have a post award meeting to
discuss, but not be limited to the following:
A. The method to provide a smooth and orderly transition of services performed from the current
contractor.
B. Provide City contact(s) information for implementation of agreement.
C. Identify specific milestones, goals, and strategies to meet objectives.
12. POINT OF CONTACT/ DESIGNATED REPRESENTATIVE:
A. Contractor's point of contact: In order to maintain consistent standards of quality work performed
across the City, the City shall be provided with a designated and identified point of contact upon award
of the contract to include contact information. The City's designated representative shall be notified by
the Respondent immediately should the point of contact change.
B. The City's designated representative: The City's designated representative shall be:
Matt Fitzgerald
Superintendent
Transportation
Phone: 512-341-3186
E-mail: mattfitzgerald@roundrocktexas.gov
C. Do not contact the individual listed above with questions or comments regarding this solicitation during
the solicitation.
Page 9 of 12
City of Round Rock Exhibit "A"
Street Sweeping Services
IFB 24-009
Commodity Code: 968-74
NOVEMBER 2023
PART IV
SCOPE OF WORK
1. BACKGROUND: The City has a street sweeping program to reduce the amount of sediment and
associated pollutants discharging into the storm water system from the roadways. The Transportation
Department has contracted out the street sweeping activity and it is performed on a developed schedule.
Approximately 836 curb miles of streets, four parking garages, five parking lots, and one public safety
training facility grounds are maintained with these street sweeping services.
In order to assure protection of the health, safety and welfare of the community a continuous level of
cleanliness of City streets, parking garages and parking lots shall be established and maintained. The
awarded agreement shall cover the specifications herein. The Contractor shall provide coordinated route
system on-site services including all personnel, equipment, tools, materials and other items and services
necessary to perform street sweeping services on a scheduled and as needed basis.
2. SERVICE REQUIREMENTS: The cleaning service shall include, but not be limited to all sweeping,
panning, and dumping of collected debris.
A. Provisions for directing traffic will not be paid for by the City but shall be included in the Respondent's
bid price.
B. Water usage shall be documented on the invoice and the Contractor shall make whatever
arrangements are necessary for the use of hydrants.
C. The Contractor shall perform all handwork required to accomplish an efficient cleaning operation. The
City shall have the right to identify the areas where handwork should be performed.
D. The Contractor shall provide twenty-four(24) hour contact information including contact person, and
phone number for after hour and emergency services.
3. CONTRACTOR RESPONSIBILITIES: The Contractor shall-
A. Have a service facility that shall be adequate to insure routine maintenance and the Contractor shall be
required to maintain a sufficient supply of personnel, tools and/or equipment for handwork, and
replacement parts for equipment to ensure continuous cleaning operations
B. Currently owns all the necessary equipment as specified herein to perform services, with guarantee that
such equipment is not obligated for other contractual obligations.
C. Retains sufficient financial resources, experienced personnel, proper facilities, and an adequate work
plan to complete the services as specified.
D. Be responsible for damage to the City's equipment and/or property, the workplace and its contents by
its work, negligence in work, its personnel and equipment usage.
4. CITY RESPONSIBILITIES: The City will-
A. Provide water for the Contractor's sweeping equipment.
B. Provide electrical outlets used to complete tasks.
5. EQUIPMENT REQUIREMENTS: The Contractor shall provide equipment, fuel, safety equipment and any
other materials necessary to complete the required work. The equipment used shall be of sufficient type,
capacity, and quality to safely and efficiently perform the work as specified. The Contractor shall:
A. Use regenerative air sweepers in the cleaning operation.
B. Use sweepers that shall have a minimum capacity to sufficiently hold the amount of waste accumulated
during the cleaning and be equipped with an adequate water system for dust control.
C. Have adequate support equipment including debris transfer vehicles, pick-up trucks, service trucks and
any other item of equipment necessary to provide the required services.
D. Have all equipment, including support equipment, equipped with two-way radio communication
designed for commercial use. Citizen band radios are unacceptable.
Page 10 of 12
City of Round Rock Exhibit "A"
Street Sweeping Services
IFB 24-009
Commodity Code: 968-74
NOVEMBER 2023
E. Ensure all equipment used in sweeping operations shall be equipped in accordance with existing state
law and shall be equipped with an amber flashing light visible for one(1) mile and mounted for three
hundred sixty (360)degree visibility.
F. Maintain sole responsibility for the maintenance and repair of equipment and all associated costs.
G. Comply with licensing and inspection requirements by the Texas Department of Transportation.
H. The City shall have the option to perform a complete inspection of all vehicles and equipment during
cleaning operations at any time throughout the term of the agreement. Should any vehicle when
inspected, and in the determination of the City, not meet the standards that the City feels necessary to
complete the agreement or to operate safely, the City may require said vehicle be brought to standard
before being placed back in service.
I. Attachment C—Equipment List: Bidder(s) shall submit a completed equipment list available for use with
this street sweeping contract with their bid response.
6. WASTE DISPOSAL: Contractor shall comply with all applicable federal, state and municipal laws, statues,
ordinances, and regulations related to the hauling and handling of waste material. The Contractor shall haul
each sweeper load to be dumped at the City's temporary dumping facility.
A. The Contractor's responsibilities shall include hauling the spoils to the temporary facility, maintaining
the stockpile site and hauling of this material to an approved facility for permanent disposal when the
site area is full.
B. Contractor is responsible for providing all equipment and personnel for this process.
C. The City's temporary dumping facility:
Brushy Creek Regional Wastewater plant facility
3939 East Palm Valley Boulevard
Round Rock, Texas 78665
7. DESIGNATED STREETS: For the purpose of this agreement, curb mileage for streets to be cleaned is
listed below. The City makes no representation as to the reliability or accuracy of such figures.
A. The City expressly reserves the right to add or to delete from the listing of streets and other paved
surfaces set forth herein with written notification to the Contractor. The Contractor shall honor all such
additions or deletions throughout the term of the agreement and adjust billing for changes in
accordance with agreement pricing.
B. Alphabetical listings of streets to be cleaned are included as Attachments F, G & H. The total curb
mileage for each section of streets is as follows per period:
Attachment—E: Central Business District—Approximately 12 curb miles.
Attachment—F: Arterial Streets-Approximately 210 curb miles.
Attachment—G: Residential Streets-Approximately 613 curb miles.
8. SCHEDULING: Cleaning shall take place at the following frequencies-
A. Attachment—E: Central Business District: shall be swept twelve (12)times each twelve (12) month
period. Cleaning shall take place between the nighttime hours of 10:00 p.m. to 7:00 a.m., Sunday night
through Friday morning.
B. Attachment—F: Arterial Streets: shall be swept eight(8)times each twelve(12) month period or
extension period and be scheduled at equal intervals throughout the twelve(12) month period. Cleaning
shall take place between the nighttime hours of 10:00 p.m. to 7:00 a.m., Sunday night through Friday
morning.
C. Attachment G—Residential Streets: All streets shall be swept four(4)times each twelve(12) month
period or extension period and be scheduled at equal intervals throughout the twelve(12) month period.
Cleaning shall take place between the daytime hours of 8:OOam to 4:30 pm, from Monday through
Friday.
Page 11 of 12
City of Round Rock
Exhibit "A"
Street Sweeping Services
IFB 24-009
Commodity Code: 968-74
NOVEMBER 2023
D. Service Requirements for Parking Garages and Parking Lots—Cleaning services shall take place
between the hours of 10:00 PM and 7:00 AM Sunday night through Friday Morning.
Garage/Parking Lot Locations Duration
City Hall Parking Garage Corner of E. Bagdad Ave. and S. Eight(8) Times per twelve(12)
Lampasas St. Month Period
Intermodal Parking Garage Corner of W. Bagdad Ave. and S. Eight (8)Times per twelve(12)
Brown St. Month Period
Allen R Baca Center Parking Located on W. Bagdad Ave Eight (8)Times per twelve(12)
Garage Month Period
Round Rock Multipurpose 2001 N. Kenney Fort Blvd. Eight (8) Times per twelve(12)
Complex Parking Lot Month Period
Round Rock Sports Center 2400 Chisholm Trail Eight (8)Times per twelve(12)
Parking Lot Month Period
Forest Creek Golf Club Parking 99 Twin Ridge Pkwy. Eight(8) Times per twelve(12)
Lot Month Period
Play for All Abilities Park 151 North A.W. Grimes Blvd. Eight (8) Times per twelve(12)
Parking Lot Month Period
New Public Library Parking 200 East Liberty Ave. Eight (8)Times per twelve(12)
Garage Month Period
Public Safety Training Facility- 2810 N. Mays St. Two (2) Times per twelve (12)
Grounds I I Month Period
E. Unscheduled sweeping services may be ordered and can include but are not limited to accident
cleanup, approved citizen requests, special events and leaf collection. The Contractor shall comply with
all such requests.
F. Should scheduling be interrupted with an unscheduled sweep, the Contractor shall consult with the
City's Transportation Superintendent as to the details on continuation of the cleaning schedule.
9. INVOICING/PAYMENTS: Invoices shall be forwarded to the Transportation Superintendent for approval
and shall include the following:
A. The curb miles cleaned with an extension in dollars at the bid cost.
B. The number of gallons of water used to accomplish such services.
C. A copy of the cleaning schedule performed for the invoiced period showing the date each street was
cleaned, the curb mileage for the period and the initials and/or signature of the Contractor's
representative.
D. Invoicing for any requested and approved, unscheduled hourly work shall be made monthly in the same
manner as directed above.
Page 12 of 12
Exhibit "A"
Attachment B-Bid Sheet
Street Sweeping Services
IFB 24-009
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 24-009.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.All fields below highlighted in yellow must be completed.The fields will change to
white when filled.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 Estimated
p Annual Sweeps Curb Miles Unit Unit Cost Extended Total
Section 1:Residential,Arterial and Business District Streets
1 Designated Streets-Central Business Districts Attachment E 12 11.825 Per Mile $62.00 $8,797.80
2 Designated Streets-Arterial Streets Attachment F 8 210.56 Per Mile $62.00 $104,437.76
3 Designated Streets-Residential Streets Attachment G 4 613.145 Per Mile $62.00 $152,059.96
No. Description Estimated Unit Unit Cost Extended Total
Annual Sweeps
Section 2:Parking Garages and Additional Hourly Sweeping
4 City Hall Parking Garage 8 Each $140.00 $1,120.00
5 Intermodal Parking Garage 8 Each $140.00 $1,120.00
6 Allen R.Baca Center parking garage 8 Each $140.00 $1,120.00
7 Multipurpose Complex parking lot
8 Each $190.00 $1,520.00
8 Sports Center parking lot 8 Each $235.00 $1,880.00
9 Forest Creek Golf Club parking lot 8 Each $190.00 $1,520.00
10 Play for All Abilities Park parking lot 8 Each $140.00 $1,120.00
11 New Public Library Parking Garage 8 Each $140.00 $1,120.00
12 Public Safety Training Facility parking lot 2 Each $235.00 $470.00
Unscheduled Sweeping: Hourly charge for unscheduled sweeps.
13 200 Per Hr $130.00 $26,000.00
List minimum hours per call,if applicable,for line 13(minimum
13A hours charged per call shall not exceed a qty of 3 hours) #of hours 2.0
Annual Total: $302,285.52
COMPANY NAME: Sweep Across Texas
PRINTED NAME: Sweep Across Texas
PHONE NUMBER: 512-989-3111
EMAIL ADDRESS: chris@sweepacrosstexas.com
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