R-03-06-26-11G1 - 6/26/2003Mayor
Nyle Maxwell
Mayor Pro -tem
Tom Nielson
Council Members
Alan McGraw
Carrie Alt
Scot Knight
Isabel Gallahan
Gary Coe
City Manager
Jim Nose
City Attorney
Stephan L. Sheets
ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY.
July 1, 2003
Mr. Clayton Whittlesey
Whittlesey Landscape Supplies & Recycling, Inc.
3219 IH 35 South
Round Rock, TX 78664
Dear Mr. Whittlesey:
The Round Rock City Council approved Resolution No. R- 03- 06 -26-
11G1 at their regularly scheduled meeting on June 26, 2003. This
resolution approves the agreement for Sale of excess bulk mulch.
Enclosed is a copy of the resolution and original agreement for your
files. If you have any questions, please do not hesitate to contact
Emsud Horozovic at 341 -3350.
Sincerely,
Sherri Monroe
Assistant City Secretary
Enclosure
CITY OF ROUND ROCK Administrative Dept.. 221 East Main Street - Round Rock, Texas 7866,4
Phone, m2_218.5400 • Fax 512.218 -7097 • www,ci.round -rock Ix. us
' CITY OF ROUND ROCK • ' AGREEMENT FOR SALE OF BULK MULCH
THE STATE OF TEXAS §
CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That this Agreement for Sale of Bulk Mulch (referred to herein as the "Agreement ") is made
and entered into on this the Q4p day of the month of 2003, by and between the
CITY OF ROUND ROCK, TEXAS, a home -rule municip ityffices are located at 221 East
Main Street, Round Rock, Texas 78664 (referred to herein as the "City"), and WHITTLESEY
LANDSCAPE SUPPLIES & RECYCLING, INC., a Texas corporation whose offices are located
at 3219 1H 35 South, Round Rock, Texas 78664 (referred to herein as the "Purchaser"). This
Agreement supersedes and replaces any previous agreement between the named parties, whether oral
or written, and whether or not established by custom and practice.
RECITALS:
WHEREAS, City desires to sell excess bulk mulch; and
WHEREAS, City has issued its "Invitation for Bid" for City to sell excess bulk mulch, and
City has selected the offer to buy submitted by Purchaser; and
WHEREAS, City agrees to sell and Purchaser agrees to buy City's excess bulk mulch on a
contractual basis; and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights, duties, and obligations;
NOW, THEREFORE:
That for and in consideration of the mutual promises contained herein, the parties mutually
agree as follows:
1.01 DEFINITIONS
A. Agreement means the binding legal contract between City and Purchaser whereby
City is obligated to sell specified goods and Purchaser is obligated to buy specified goods. The
Agreement includes the following: (a) City's Invitation for Bid designated as IFB 03 -010,
P-03-0(0-(0-10g-1
WITNESSETH:
1
Specification Number 03- 910 -09; (b) City's Invitation for Bid Addendum designated as IFB 03-
001 d, Addendum No. 1, dated May 7, 2003; (c) Purchaser's Response to IFB, dated May 13, 2003;
(d) the contract award; and (e) 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:
(
(
(
This Agreement;
Purchaser's Response to IFB, dated May 13, 2003;
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 means the specified supplies, materials, or equipment.
F. Purchaser means Whittlesey Landscape Supplies & Recycling, Inc., or any of its
successors or assigns.
2.01 EFFECTIVE DATE, DURATION, 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 twelve (12) months from the effective date hereof.
After that initial term, this Agreement may renew for successive terms for a period not to exceed four
(4) years after the initial expiration of term, only upon the express written agreement of both parties
and only provided Purchaser has performed each and every contractual obligation specified in this
Agreement.
C. City reserves the right to review the relationship at any time, and may elect to
terminate this Agreement with or without cause or may elect to continue.
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3.01 CITY'S OBLIGATION TO SELL
A. City reserves the right to 5,000 cubic yards of bulk mulch each twelve -month period
to sell or give away to other parties, or otherwise dispose of as it deems appropriate.
B. After such reservation, City agrees to sell Purchaser aminimum of 15,000 cubic yards
of bulk mulch per each twelve -month period, or all that is available, whichever amount is greater.
C. The sole take -point for such bulk mulch shall be from City's Recycle Center located
at 301 Deepwood Drive, Round Rock, Texas. This Agreement shall cover only such specified
facility and no other.
4.01 PURCHASER'S OBLIGATION TO BUY
A. As a one -time obligation, Purchaser agrees to buy from City the accumulated bulk
mulch at City's Recycle Center, which accumulation is estimated to be approximately 10,000 cubic
yards.
B. Additionally and as a continuing obligation, Purchaser agrees to buy from City a
minimum of 15,000 cubic yards of bulk mulch per each twelve -month period, or all that is available,
whichever amount is greater.
5.01 PURCHASER'S CONTRACTUAL RESPONSIBILITIES
A. Purchaser agrees to perform all of its contractual responsibilities and obligations in
accordance with standards of the industry. Purchaser shall use best efforts to supervise and direct
its agents or employees competently, efficiently, and safely.
B. Purchaser agrees to furnish and assume full responsibility for all services, facilities,
equipment, materials and incidentals necessary for the proper purchase and removal of the goods the
subject of this Agreement.
C. Purchaser agrees to obtain all permits and licenses, if any, and pay all fees necessary
for the proper purchase and removal of the goods the subject of this Agreement.
D. Purchase hereby affirms and confirms that it has the capability of purchasing and
properly hauling the goods and quantities of goods specified herein.
E. Beginning with the Effective Date of this Agreement and continuing for three (3)
consecutive months thereafter, Purchaser shall purchase and remove from the site all of the
accumulated bulk mulch at City's Recycle Center, which accumulation is estimated to be
approximately 10,000 cubic yards.
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F. Thereafter, Purchaser shall purchase and remove from the site a minimum of 15,000 cubic
yards of bulk mulch per each twelve -month period, or all that is available, whichever amount is greater.
G. Purchaser shall provide containers in proper numbers, sizes (a minimum 80 cubic yard
capacity), and types for the hauling of the required quantities of bulk mulch, and all such containers must
be pre- approved by City as to minimum and maximum size/configuration so as to facilitate City's loading
of the containers with available equipment, and so as to promote safety. Purchaser shall coordinate with
City's designated representative on placement of containers and on all site restrictions. Purchaser agrees to
haul in the following manner: one (1) full container shall be picked up and one (1) empty container shall be
left.
H. Purchaser agrees to haul mulch at least four (4) days each week, excluding Sundays, and
shall haul only during City's regular business hours. Purchaser shall utilize its own equipment and personnel,
and both parties agree that no City equipment or forces shall be used except in the loading of the bulk mulch
on -site.
6.01 CITY'S CONTRACTUAL RESPONSIBILITIES
A. City hereby designates the following representative authorized to act in its behalf with
regard to this Agreement:
Emsud Horozovic
301 West Bagdad, Suite 250
Round Rock, Texas 78664
512- 341 -3350
B. Within five (5) days of the Effective Date of this Agreement, City's designated
representative shall provide Purchaser with a site visit which includes a facilities walk - through and an initial
orientation to acquaint Purchaser with operating policies and procedures. City's designated representative
shall coordinate with Purchaser on recommendations for operations, locations for placement of Purchaser's
containers, a start date, and other matters. It is expressly agreed by and between the parties that it shall be
the sole responsibility of Purchaser to familiarize Purchaser's own personnel with all site restrictions and
information.
C. City shall load Purchaser's approved containers with bulk mulch, using available equipment
and personnel. City shall use reasonable efforts to load Purchaser's containers expeditiously, but it is
understood and agreed by and between the parties that timing of loading is within City's control.
D. City shall provide Purchaser's drivers with correct, signed receipts at the time of each and
every site pickup.
7.01 RATES AND PAYMENT
A. During the entire term of this Agreement, Purchaser agrees to pay City for all bulk mulch
taken at the following fixed and firm rate: $4.03 per cubic yard.
4
B. City shall render a monthly bill to Purchaser for bulk mulch taken. Quantities shall
be determined by the official signed receipt obtained from City personnel at the time of each and
every site pickup. Payment in full by Purchaser shall be tendered to City not later than the tenth
(10th) day of each month. Monthly bills shall include, at a minimum, the following information:
(a)
(b)
(c)
(d)
8.01 TAKE OR PAY
Purchaser's name and address;
Description of goods purchased, and quantity of goods purchased;
Dates of pickup; and
City's address where payment must be remitted.
A. Purchaser is obligated to take all of the bulk mulch that City has, or 15,000 cubic
yards per twelve -month period, whichever is the lesser amount. Purchaser shall be obligated to pay
City based upon such contractual amount, whether hauled or not.
B. Purchaser agrees that City may pursue any remedy available to it at law or in equity,
including but not limited to specific performance of this Agreement and/or any action to recover an
amount of damages equal to such contractual amount.
9.01 CITY'S OPTION TO SELL TO OTHERS
A. Should Purchaser fail in its obligations to take the contractual amounts of bulk mulch,
then and in that event City reserves its option to sell to other sources.
B. Purchaser expressly agrees that, should City exercise its option to sell to other sources
and such sale is at a lower rate, then and in that event City may charge Purchaser the difference in
price. Such action on the part of City shall not be considered an exclusive remedy, and shall not
waive any other remedies available to City at law or in equity.
10.01 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.
11.01 DEFAULT
Purchaser shall be declared in default of this Agreement if it does any of the following:
5
(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.
12.01 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 Purchaser.
B. In the event of any default by Purchaser, City has the right to terminate this
Agreement for cause, upon ten (10) days' written notice to Purchaser.
C. Purchaser 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. Should Purchaser fail to make any payment in full when due, then, in addition to any
other rights and remedies available to City, City may immediately and without notice suspend any
further sales to Purchaser until the amount due has been paid in full.
13.01 CITY'S LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTY
Goods are sold by City on an "as is" and `where is" basis. City disclaims all warranties,
express or implied, as to the condition, quality, or fitness of the goods, including but not limited to
warranties of merchantability or fitness for a particular purpose. City shall not be liable for any
claims or causes of action related to or concerning the goods.
14.01 INDEMNIFICATION
Purchaser 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 Purchaser, or
Purchaser's agents, employees or subcontractors, in the performance of Purchaser'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 Purchaser (including, but not limited to the right to seek
contribution) against any third party who may be liable for an indemnified claim.
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15.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES
Purchaser, 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.
16.01 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.
17.01 NOTICES
All notices and other communications in connection with this Agreement shall be in writing
and shall be considered given as follows:
1. When delivered personally to the recipient's address as stated in this Agreement; or
2. Three (3) days after being deposited in the United States mail, with postage prepaid
to the recipient's address as stated in this Agreement.
Notice to Purchaser:
Clayton Whittlesey
Whittlesey Landscape Supplies & Recycling, Inc.
3219 IH 35 South
Round Rock, TX 78664
Notice to City:
JamesNuse, City Manager
221 East Main Street AND TO:
Round Rock, TX 78664
Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of City and Purchaser.
18.01 APPLICABLE LAW; ENFORCEMENT AND VENUE
Stephan L. Sheets, City Attorney
309 East Main Street
Round Rock, TX 78664
This Agreement shall be enforceable in Round Rock, Williamson County, 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
7
shall be governed by and construed in accordance with the laws and court decisions of the State of
Texas.
19.01 EXCLUSIVE AGREEMENT
This document, and all appended documents, constitutes the entire Agreement between
Purchaser and City. This Agreement may only be amended or supplemented by mutual agreement
of the parties hereto in writing.
20.01 DISPUTE RESOLUTION
If a dispute or claim arises under this Agreement, the parties agree to first try to resolve the
dispute or claim by appropriate internal means, including referral to each party's senior management.
If the parties cannot reach a mutually satisfactory resolution, then and in that event any such dispute
or claim will be sought to be resolved with the help of a mutually selected mediator. If the parties
cannot agree on a mediator, City and Purchaser shall each select a mediator and the two mediators
shall agree upon a third mediator. Any costs and fees, other than attorney fees, associated with the
mediation shall be shared equally by the parties.
City and Purchaser 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.
21.01 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion or provision of this Agreement void shall in no way
affect the validity or enforceability of any other portion or provision of this Agreement. Any void
provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be
construed and enforced as if this Agreement did not contain the particular portion or provision held
to be void. The parties further agree to amend this Agreement to replace any stricken provision with
a valid provision that comes as close as possible to the intent of the stricken provision. The
provisions ofthis section shall not prevent this entire Agreement from being void should aprovision
which is of the essence of this Agreement be determined void.
22.01 MISCELLANEOUS PROVISIONS
Standard of Care. Purchaser 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. Purchaser understands and agrees that time is of the essence and that
any failure of Purchaser to fulfill obligations for each portion of this Agreement within the agreed
8
timeframes will constitute a material breach of this Agreement. Purchaser 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 Purchaser'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 Purchaser 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.
IN WITNESS WHEREOF, City and Purchaser have executed this Agreement on the dates
indicated.
Bv:
CITY OF ROUND ROCK, TE
y., axw 1, Tayor
ATTEST:
nnr Christine R. Martinez, City Secretary
Date Signed: to — c: )6 ) , — Date Signed: (p - -03
WHITTLESEY LANDSCAPE UPPLIES & RECYCLING, INC.
,011; a�'
Cla �: i Whittlesey, res' . ent
By:
D e Signed:
9
CITY OF ROUND ROCK
SALE OF BULK MULCH
PART I
GENERAL
SPECIFICATION NO.
03 -910 -09
DATED: April 2003
1. PURPOSE: The City seeks to establish a twelve month agreement with a Contractor to purchase and hand
bulk mulch daily from the City's Recycling Center.
2. HISTORY: The City currently offers brush recycling to residents and non- residents, which includes
monthly brush collection from residential and commercial sites. A portion of this brush collection is grined
into mulch and provided to City Departments and residents at no cost. It is also estimated that the recycle
center will receive an average of 20,000 cubic yard (CY) of brush to be mulched each year. 5,000 CY of
this mulch will be reserved for the City and it's residents.
3. DEFIIYITIONS: The following definitions will be used for identified terms throughout the specification
and bid document
3.1. Agreement — A mutually binding legal document obligating the Contractor to buy the goods and
obligating the City to provide the sazne
3.2. Buyer as identified throughout this specification shall describe persons and entities that consider
themselves qualified to purchase goods from the City.
33. City — Identifies the City of Round Rock, Williamson County, Texas.
14_ Contractor —A person or business enterprise that is buying supplies, materials or equipment from
the City as fulfillment of obligations arising from a solicitation and/or agreement.
3.5. Goods — Shall define supplies, material or equipment
3.6. Purchase Order — Amutually binding legal document obligating the Contractor to furnish the
goods, equipment or services, and obligating the City to pay for the same.
3.7. Subcontractor -Any person or business enterprise providing goods, equipment, labor, and/or
services to a Agreement or if such goods, equipment, labor, and/or services are procured or used in
fulfilment of the Contractor's obligations arising from a agreement with the City.
PART H
GENERAL SALE CLAUSES AND CONDITIONS
1. LIMITATION OF LIABILITY. GOODS ARE SOLD BY THE CITY ON AN "AS -IS, WHERE -IS"
BASIS, UNLESS OTHERWISE NOTED IN THE SOLICITATION. THE CITY DISCLAIMS ALL
WARRANTIES, EXPRESSED OR IMPLIED, AS TO THE CONDITION, QUALITY, OR FITNESS
OF THE GOODS, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE CITY SHALL NOT
BE LIABLE FOR ANY CLAIM OR CAUSE OFACTION RELATED TO OR CONCERNING THE
GOODS OR THE SOLICITATION.
2. PACKAGE AND TRANSPORT: The Contractor shall bear the cost of providing container(s) (packaging)
and transporting goods from City facilities unless otherwise provided.
3. RIGHT TO ASSURANCE: Whenever one party to the Agreement in good faith has reason to question the
other party's intent to perform, demand may be made to the other party for written assurance of the intent to
EXHIBIT
SPECIFICATION NO.
03- 910-09
DATED: Apri12003
perform. In the event that no assurance is given within the time specified when demand is made, the
demanding party may treat this failure as an anticipatory repudiation of the Agreement.
4. DEFAULT: The contractor shall be in default under the Agreement if the Contractor (a) fails to make any
payment when due, (b) fails to filly, timely and faithfully perform any of its material obligations under the
Agreement, (c) fails to provide adequate assurance of performance under the "Right To Assurance"
paragraph, or (d) becomes insolvent or seeks relief under the bankruptcy laws of the United States.
5. TERMINIATION FOR CAUSE: In the event of a default by the Contractor, the City shall have the right
to terminate the Agreement for cause, by written notice effective 10 days, unless otherwise specified, after
the date of such notice, unless the Contractor, within such 10 days period, cures such default or provides
evidence sufficient to prove to the City's reasonable satisfaction that such default does not, in fact, exist If
Buyer should fail to make any payment in full when due, then in addition to any other right or remedy
available to the City, the City may immediately and without notice suspend any farther sales to the
Contractor until the amount due has been paid in full.
6. TERMINATION WITHOUT CAUSE: The City has the right to terminate the Agreement, in whole or in
part, without cause any time upon 30 days' prior written notice. Upon receipt of a notice of termination, the
Contractor shall promptly cease all further work pursuant to the Agreement with such exceptions, if any,
specified in the notice of termination. The Contractor shall pay the City for all Goods received but not paid
for prior to the date of termination in accordance with the terms hereof.
COMPLIANEY WFIEULAWs —The Conhactorshall cmnpiy with -all federal; shale,. a„ I local —
statutes, ordinances, rules and regulations, and the orders and decrees of any court or administrative bodies
or tribunals in any matter affecting the performance of the contract, including without limitation, workers'
compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws
and regulations, safety and health laws including but not limited to those promulgated by the City and by the
Occupational Safety and Health Administration (OSHA). When requested, the Contractor shall furnish the
City with satisfactory proof of its compliance.
8. INDEMNITY: Contractor shall indemnify; save harmless and defend the City, its officers, agents, servants,
and employees from and against any and all snits, actions, legal proceedings, claims, demands, damages,
costs, expenses, attomey's fees and any and all other costs or fees incident to the performance of the
resulting agreement and arising out of a willful or negligent act or omission of the Contractor, its officers,
agents, servants and employees.
5. INSURANCE: The Contractor shall procure and maintain at its sole cost and expense for the duration of the
contract resulting from a response to this bid/Specification insurance against claims for injuries to persona or
damages to property which may arise from or in connection with the performance of the work as a result of this
bid by the successful bidder, its agents, representatives, vohmteers, employees or subcontractors.
5.1. Certificates of Insurance and endorsements shall be furnished to the City and approved by the City
before work commences.
5.2. The following standard insurance policies shall be required:
52.1. General Liability Policy
522. Automobile Liability Policy
5.23. Worker's Compensation Policy
53. The following general requirements are applicable to all policies:
5.3.1. Only insurance companies licensed and admitted to do business in the State of Texas
shall be accepted.
5.3.2_ Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a
per occurrence basis for property damage only
5.33. Claims made policies shall not be accepted, except for Professional Liability Insurance.
Pane 2 of 7
SPECIFICATION NO.
03- 910-09.
DATED: April 2003
53.4. Upon request, certified copies of all insurance policies shall be furnished to the City
5.4. Policies shall include, but not limited to, the following minimum limits:
5.4.1. Minimum Bodily Injury Limits of $300,000.00 per occurrence.
5.4.2. Property Damage Insurance with minimum limits of 550,000.00 for each occurrence.
5.43. Automobile Liability Insurance for all owned, non - owned, and hired vehicles with
minimum limits for Bodily Injury of $100,000.00 each person, and 5300,000.00 for
each occurrence, and Property Damage Minimum lints of $50,000.00 for each
occurrence.
5.4.4. Statutory Worker's Compensation Insurance and min mien $100,000.00 Employers
Liability Insurance.
5.4.5. Coverage shall be maintained for two years minimum after the termination of the
Contract.
5.5. The City shall be entitled, upon request, and without expense to receive copies of insurance
policies and all endorsements thereto and may make reasonable request for deletion, revision, or
modification of particular policy terms, conditions, limitations, or exclusions (except where policy
provisions are established by law or regulation binding either of the parties hereto or the
underwriter of any of such policies). Upon such request by the City, the Contractor shall exercise
reasonable efforts to accomgrlish such changes inkolicy coverage and shall pay the cost thereof.
All insurance and bonds shall meet the requirements of the bid specification and the insurance
endorsements stated below.
5.6. Contractor agrees that with respect to the required insurance, all ins contracts and
certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the
following provisions:
5.6.1. Provide for an additional insurance endorsement clause declaring the Contractor's
insurance as primary.
5.6.2. Name the City and its officers, employees, and elected officials as additional insureds, (as
the interest of each insured may appear) as to all applicable coverage.
5,6.3. Provide thirty days notice to the City of cancellation, non - renewal, or material changes
5.6.4. Remove all language on the certificate of insurance indicating:
5.6.5. That the insurance company or agent/broker shall endeavor to notify the City; and,
5.6.6. Failure to do so shall impose no obligation of liability of any kind upon the company, its
agents, or representatives.
5.6.7. Provide for notice to the City at the addresses listed below by registered mail:
5.6.7.1. Contractor agrees to waive subrogation against the City, its officers,
employees, and elected officials for injuries, including death, property
damage, or any other loss to the extent same may be covered by the proceeds
of insurance.
5.6.7.2. Provide that all provisions of this contract concerning liability, duty, and
standard of care together with the indemnification provision, shall be
underwritten by contractual liability coverage sufficient to include such
obligations within applicable policies.
5.6.7.3. All copies of the Certificate of Insurance shall reference the project name, bid
number or purchase order number for which the insurance is being supplied
Pave 3 of 7
SPECIFICATION NO.
03- 910 -09
DATED: April 2003
5.6.8. Contractor shall notify the City in the event of any change in coverage and shall give
such notices not less than thirty days prior notice to the change, which notice shall be
accomplished by a replacement Certificate of Insurance.
5.7. All notices shall be mailed to the City at the following addresses:
Assistant City Manager City Attorney
City of Round Rock City of Round Rock
221 East Main Street 309 East Main Street
Round Rock, TX 78664-5299 Round Rock, TX 78664
5.8- Approval, disapproval, or failure to act by the City regarding any insurance supplied by the
Contractor shall not relieve the Contractor of full responsibility or liability for damages and
accidents as set forth in the these requirements. Neither shall bankruptcy, insolvency, or denial of
liability by the insurance company relieve the Contractor from liability.
5.9. If the Contractor employs, contracts with or otherwise permits any other individual or entity to
perform any of the obligations of the Contractor, then any and all of these individual or entities
shall be bound by the same insurance requ as the successful bidder.
6. WORKERS COMPENSATION INSURANCE: Texas Labor Code, Section 406.098 requires workers'
compensation insurance coverage for all persons providing services on building or construction projects for a
governmental entity.
Certificate of coverage ( "certificate") -A copy of a certificate of insurance, a certificate of authority to self -
insure issued by the Texas Workers' Compensation Commission, or a coverage agreement (TWCC -81,
TWCC -82, TWCC -83, or TWCC -84), showing statutory workers' compensation insurance coverage for the
person's or entity's employees providing services on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the project until the
CONTRACTOR's/person's work on the project has been completed and accepted by the OWNER.
Persons providing services on the project ("subcontractor') in Section 406.096 - inchrdes all persons or entities
performing all or part of the services the CONTRACTOR has undertaken to perform on the project, regardless
of whether that person contracted directly with the CONTRACTOR and regardless of whether that person has
employees. This includes, without limitation, independent contractors, subcontractors, leasing companies,
motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes
persons to provide services on the project. 'Services" include, without limitation, providing, hauling, or
delivering equipment or materials, or providing labor, transportation, or other service related to a project
"Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply
deliveries, and delivery of portable toilets.
The CONTRACTOR shall provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code,
Section 401:011(44) for all employees of the CONTRACTOR providing services on the project, for the
duration of the project.
The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being awarded the
contract
If the coverage period shown on the CONTRACTOR's current certificate of coverage ends during the duration
of the project, the CONTRACTOR must, prior to the end of the coverage period, file a new certificate of
coverage with the OWNER showing that coverage has been extended.
The CONTRACTOR shall obtain from each person providing services on a project, and provide to the
OWNER:
Pave 4 of 7
SPECIFICATION NO.
03- 910-09
DATED: April 2003
•
A. a certificate of coverage, prior to that person beginning work on the project, so the OWNER will have on
file certificates of coverage showing coverage for all persons providing services on the project; and
B. no later than seven calendar days after receipt by the CONTRACTOR, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of coverage ends
doing the duration of the project
The CONTRACTOR shall retain all required certificates of coverage for the duration of the project and for one
year thereafter.
The CONTRACTOR shall notify the OWNER in writing by certified mail or personal delivery, within 10
calendar days after the CONTRACTOR knew or should have known, or any change that materially affects the
provision of coverage of any person providing services on the project
The CONTRACTOR shall post on each project site a notice, in the text, form and manner prescribed by the
Texas Workers' Compensation Commission, informing all persons providing services on the project that they
are required to be covered, and stating how a person may verify coverage and report lack of coverage.
The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a
project, to:
A. provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any
cuverage + ro-. - . r. quir - c rsf PexK al t.ode becnon 401.011(44)
for all its employees providing services on the project, for the duration of the project;
B. provide to the CONTRACTOR, prior to that person beginning work on the project, a certificate of
coverage showing that coverage is being provided for all employees of the person providing services on a
project, for the duration of the project;
C. provide the CONTRACTOR, prior to the end of the coverage period, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of coverage ends
during the duration of the project;
D. obtain from each other person with whom it contracts, and provide to the CONTRACTOR:
1) a certificate of coverage, prior to the other person beginning work on the project; and
2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage
period, if the coverage period shown on the current certificate of coverage ends during the duration
of the project
E. retain all required certificates of coverage on file for the duration of the project and for one year
thereafter,
F. notify the OWNER in writing by certified mail or personal delivery, within 10 calendar days after the
person knew or should have known, of any change that materially affects the provision of coverage of
any person providing services on the project; and
G. contractually require each person with whom it contracts, to perform as required by paragraphs (A tbru
G), with the certificates of coverage to be provided to the person for whom they are providing
services.
The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor that
entitles the Owner to declare the contract void if the Contractor does not remedy the breach within ten calendar
days after receipt of notice of breach from the owner.
Pave 5 of 7
SPECIFICATION NO-
03- 910-09
DATED: April 2003
7. VENUE: Both the City and the Contractor agree that venue for any litigation arising from a resulting
agreement shall lie in Williamson County.
8. INDEPENDENT CONTRACTOR: It is understood and agreed that the Contractor shall not be considered
an employee of the City. The Contractor shall not be within protection or coverage of the City's Worker'
Compensation insuranc Health Insurance, Liability Insurance or any other insurance that the City from time
to time may have in force and effect.
9. INVOICING: Contractor shall receive an invoice for payment monthly for quantities received within the
thirty -day period.
10. PAYMENT: Contractor shall submit payments to the City promptly upon receipt of invoice to the following
address:
City of Round Rock
Finance Departinent
221 East Main Street
Round Rock, TX78664 -5299
11. WARRANTY - PRICE: The contractor certifies that the prices in the offer have been arrived at independently
without consultation, conununication, or agreement for the purpose of restricting competition, as to any matter
relating to such prices with any other firer or with any competitor.
12. CREDIT: The Bidder shall upon request provide the City such fmancial information as the City may require
determining the credit worthiness of the Bidder, including but not limited to, annual reports, audited financial
statements.
PART III
SPECIFICATION
1. SCOPE: This specification describes a 12 -month agreement for a Contractor to purchase the City's bulk
mulch. Successful vendor shall provide containers and haul the mulch from the center a minimum of 4 days
per week or as agreed, with the exception of Sundays.
2. S1'fIi VISIT: Facility walk through and site inspection will be conducted for bidders to fully acquaint
themselves with the site conditions, as they exist for full comprehension of the facilities, difficulties and/or
restriction§ attending the proposed project.
Date: May 6, 2003
Location: Recycling Center, 301 Deepwood, Round Rock, TX
Time: 2:00 PM
Contact: Emsud Horozovic @ 512- 341 -3350
3. SITE RESRICTIONS
3.1. Contractor shall coordinate with City's Administrator on placement of containers and all
restrictions of site before contract commencement.
3.2. City Equipment: The Contractor shall not use any City owned equipment for use in its operation.
4. ORIENTATION OF CONTRACTOR: The City will provide an initial orientation to the Contractor
within five days alter contract effective date to identify all policies and operating procedures of the
recycling center. During this meeting, the Contractor shall provide the City with their recommendations for
operation, best locations to install or place Contractor's equipment and a start date (not to exceed 35 days
from effective date of contract) NOTE: It shall be the responsible of the Contractor to familiarize its
personnel with the site and site restrictions.
Pace. 6 of 7
SPECIFICATION NO.
03- 910-09
DATED: April 2003
5. CONTRACT RESPONSIBILITIES: The Contractor shall agree to purchase and haul a minimum of
15,000 CY of mulch or quantities available, which ever is greater, during the 12 -month contract period and
any extensions thereafter. The Contractor shall:
5.1. Provide container(s), 80 CY minimal), for City to fill with mulch.
5.2. Haul mulch from City property at least four days a week using own personnel and equipment.
Hauls shall be during regular City business operation.
5.3. Purchase and haul the surplus mukh that has accumulated at the site, estimated 10,000 CY.
5.4. Check with City personnel to get receipt after each mulch pickup. Receipt shall indicate amount of
mulch received and requires signature. See attached example.
5.5. Make payments to the City upon receipt of monthly invoice. See attached example.
6. CITY RESPONSIBLLTIES:
6.1. Load mulch into containers.
6.2. Provide receipt for each haul.
6.3. Invoice Contractor the rust of every month.
6.4. Communicate with Contractor when circumstances arise that require additional sale of bulk mulch
PART III
AGREEMENT TERMS AND CONDITIONS
1. AGREEMENT- The term of this agreement shall be for a twelve -month period of time from the date of award.
Prices shall be firer for the duration of the agreement, except as provided for herein. This agreement may be
renewed for four additional periods of time not to exceed twelve months for each renewal provided both parties
agree. The City reserves the right to review the Vendor's performance at the end of each twelve month period of
time and to cancel the contract (without penalty) or continue the contract through the next period.
3. SALE QUANTITY: The quantities shown on the IFB are estimates only. The Contractor shall purchase a
minimum of 15,000 CY or all that is available, which ever is the greater. In the event the Contractor declines
purchase on contracted mulch, the City may sale mulch elsewhere and the Contractor may be charged the difference,
if any. '
2. CANCELLATION: Either party may cancel the contract, without penalty, by providing 30 days prior written notice
to the other party. Termination under this paragraph shall not relieve the Contractor of any obligation or liability that
has occurred prior to cancellation. NOTE: This contract Is subject to cancellation, without penalty at any time
the City deems the Contractor to be non - compliant with contractual obligations.
CONTRACT ADMINISTRATOR: All work performed under this contract will be supervised and verified by the
City representative noted below.
Erosud Horozovic @ 512- 341 -3350
Pape 7 of 7
Customer
Name
Address
City
Phone
City of Round Rock
301 Bagdad Street, Ste. 250
Round Rock, TX 78664
218-5540 fax 218 -5548
State TX ZIP
J
Receipt No. 1
RECEIPT
Date
Order No.
Rep
FOB
05/13/03
Qty /CY
TOTAL
0
Signature below acknowledges receipt of above quantities.
Signature of Receipt:
Print Name
f — Customer
Name
Address
City
Phone
Name
CC #
City of Round Rock
301 Bagdad
Round Rock, TX 78664
218 -5540 fax 218 -5548
Expires
State TX ZIP
REMIT TO: City of Round Rock, Forrestry Div., 301 Bagdad, Ste. 201,
Round Rock, TX 78664
PAYMENT DUE UPON RECEIPT
Invoice No. 1
INVOICE
Date
Order No.
Rep
FOB
10/21/2002
Qty
Weekly/Monthly invoice for mulch hauling
Payment Details
O Cash
O Check
O Credit Card
Load size c.y.
SubTotal
Shipping & Handling
Taxes
TOTAL
TOTAL
#REF!
Office Use Only
.:ucs 15 :15 FAA 5122187028 CORR PURCHASING
Mayor
Nyle Maxwell
Mayor Pro-te.
' Tom Nielson
• •*nen Members
Alan McGraw
Carrie Pin
Scot Knight
_abet Gallaher*
Gary Coe
City Manager
jun Nuse
City Attorney
Stephen L Sheen
ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY
IFB No. 03-0010
Approved by
ACKNOWLEDGE
Vertdor u d - ,4 3
INVITATION FOR BID ADDENDUM
PURCHASING OFFICE
CITY OF ROUND ROCK, TEXAS
Addendum No. 1 Date of Addendum: May 7, 2003
The following items in the IFB identified above have been changed:
Paragraph 5.3 of Part III, Specification has been changed to read:
The Contractor shall purchase and haul the surplus mulch that has
accumulated at the site (10,000CY) within three months after the contract
commencement.
All other terms and conditions of this IFB and specifications remain
unchanged.
By the signatures affixed below, Addendum. No. 1 hereby incorporated into
and made a part of the above referenced IFB.
Signature
RETURN ONE COPY OF THIS ADDENDUM TO THE PURCH -, G OFFICE, CITY OF
ROUND ROCK WITH YOUR SEALED BID. FAILURE TO DO s0 MAY CONSTITUTE
GROUNDS FOR REJECTION OF YOUR BID.
CITY OF ROUND ROCK 221 East Main Street • Round Rock. Texas 78664
Phone: 5,2.218.8400 • Fax; 512.218.7028• www,ci.round- rocktx.us
5-13-3
Date
1 1001, n:,,
VENDOR'S BID RESPONSE
INVITATION FOR BID NO. 03-010
SPECIFICATION FOR THE SALE OF MULCH, NO. 03-910-09
5
-2 1TEM0
CLASS REM DESCRIPTION .. F. ... _. OTY
91009
UNrt
MAKFJAgDEL
UNTt
PRICE
..�•
Tlds is to eslab sh a Nvelve - RgnBI Agreement for a vendor to purchase
bulk mulch from the City with the option to extend four additional
lwetoc.nuutl, .Jo
- -
.
1
•
poi inacc rdace h
Specs ication No. 03- 910-09, dated 4-03 attached (7 pgs)
SITE VISIT: May 8,2003 TIME: 2:00 PM
LOCATIOlt Recycle Cenee , 301 Deepwoods Dr.
CONTACT: Emsud 0 (512) 341.3350
Buhr Mulch (minimum quantity 15,000 cy per year)
References:
Name &el &If Itur Phone f -$30- 59$-3821-
1
CV
AI . 03
GRAND TOTAL:
pr y Ar-i)
Narne rA02R. i L - Phone 3 'MA
��+r �
Name �ftt'luAS:Aa.- - Phone 0/4 - 16 1 6
• 13163 ARE DUE TO THE OFFICE
AT THE ABOVE ADDRESS BEFORE BD
OPENING TIME
INVOICETCk
City of Round Rock
Finance Department
221 East Main Street
Roved Rock, Texas 78664-5299
BD FAB. DESTINATION, FREIGHT PREPAID AND
ALLOWED UNLESS OTHERWISE SPECIFIED BELOW
DESTNATIO8k
CAy of Round Rock
Recyrle Center
301 DoepROods Drive
Round Rods, TX 78664
E.-or ■ yr tt\EVnv rcan"n PLIK .f1A51N1i UPI 4/25/2003
221E Main Street - - 1 of 1
Round Rock, Texas 78664-5299
FACM0.E RESPONSES
SHALL NOT BE ACCEPTED
Dim NO Ortmom DAR a
NU ROMRE9 N LOMar Lrlf
IN OCORNER OFSE LEDBO
ENVELOPE SHORN RENON
ADDOESS OF EAOrre911*
LEGAL BUSINESS NAME:
04h
Bidder agrees to comply with all conditions set forth below a nd On the reverse side of tlds
BIDDING INFOPMATICitt
BID NUMBER: 03
OPENING DATE 5/13/2003 AT 3:00 PIA
BID LOCATION: 221 E Mail Street, 1st Boor
Co ncd Chambers. Round Rock, TX 78664
RETURN SIGNEDORIGINA!.AND ONE Copy OF BD
� 7 r7ili,e. • 5 t) 3
Whi - � -ese
SEE 1.0 ON BACK FOR INSTRUCTIONS:
TAX 113 NO_ - • Z
ADDRESS
ADDRESS
CONTACT: -it rN ��i - KjQ1! u�
"TELEPHONE X512- 44'1- -4
BUSINESS
SS ENTITY TYPE Lands(aD2. Su 001145
DELIVERY *I DAYS
"By the signature hereon affixed, the bidder hereby certifies that neither the bidder nor the entity represented by the bidder, or anyone acting for such
entity has violated the antitrust laws of this State, codfied in Section 15.01 et seq., Texas Business and Commerce Code, or the Federal antlbust
laws, nor communicated directly or indirectly, the bid made to any competitor or any other person engaged in such line of business'
TNG
ITEMS BELOW APPLY TO AND BECOME A PART OF TERMS AND CONDITIONS OF BID
ANY EXCEPTIONS THERETO MUST BE IN WRITING .
1.. B01DWG REQUIREMENTS: -
1.1 Bidding requires pricing per and shown and extensions. t trade decant is shown on bid, t should be deducted and net tine ed ensbis shown Bidders guarantees
product olkredw7 meet or exceed spedotionside,04ed in this natation For Bid tiFB).
12 Bids should be submitted on this lam. Each lid shat be pieced in a separate envelope completely and properly identified See inshuc9ons on reverse side. 5kk must be
in the ace otde City using Agert before the hour and date speared on the reverse side d this l7B. - .
1:3 Late 6501 properly idenBed wA be returned b bidder unopened. tale bids wi not be considered.
1.4 Bid F.O.B. desfa0o. freight, papaid,3atawed mess otherwise specified on the 'fa. gotlrerwire, show exact cod bdelver.
1.5 Bid end price on quan*y and I nt of measure spelred, extend and stow Iotal nose of eras in extension, unit prices shat govern. Bids subject to earned prise
increase not be considered
1. 8 Bid rims shad be Iimloraoceg4nre 30 days bum bid opoling dab. ' Discount from List' bids are ncl acceplance unless requested. C ash discount awl not be
considered in detemining the low lid Al cash discounts offered will be taken t earned
1.7 Bids slag grue Tax Merr0Ko1on Number, 014 name and address of bidder. Failure b sten wi disqualify bid Person signing bid shal. tilde and authority to bind -
sigabries dorm it a contract Fan nerire staid appear on each page In the block provided in the upper right comer. Business Entity shat be one (1) of the following
ndxidal. Ithac sH , Sob Ropdelors5ip, Ea:demont, Corporaon, Governmental, Non-profit, al others shad be specified. INDMDUAL• List name and number as
shown re Social Seaaly Card SOLE PRCPRIEFORSHP: list legal vane followed by legal business ram and Social Seamy Mater. ALL OTFERS; List legal name
of entity and Tax k eniFcalon timber (Tn) -
1. 8 Bid cant be alcoved or amended alter opening tine Any A eradas made before opening time shall be initiated by bidder or an ast od¢ed agent No bid on be -.
wifdarm ado opening tine without apparel of the cITY based on a wrien acceptable reason
1.9 The City is exempt can ebb Sorbs Tax and Federal Excise Tax Do not include lax in bid
1.10 The City reserves the rigid le accept a rejed al a any pad of bid waive minor technicalities and award the bid b best serve the interests of to City, Spt awards maybe
made al the sale &cram d the City.
1.11 Consistent and continued Be bids cold cause rejection of bids by the Oy andkr investigation fraM'b.at,riolatias.
1.12 Telephone ids and facmvla bids are not acceptable n response to to IFB.
1.13 CAUTIObb Bid kwlalm al caws sutident fine for receipt of to preferred ma response. The Cory shat not be responsible for bids received late, dearth incomplete, or
orierwise nen.respahsea
2 SPECIFICATIONc -
21 Any catalog brand name or rnaadarhrels reference used in WIT is descriptive only (net restrictive), and is used bkdhrtle type and quality desired. Bids on Nana el like
- nature and gaily wti to considered unless advertised miler the provisions of Section 252022 of the Texaslocal Goveronad Code. t beer than brand(S) speeded is
offered. ihstralfoma and eennplele desolations of product offered are requested to be made a pat of to hod If bidder takes re exceptions to spy cc reference
data in bid bidder till be nequied 1d furnish brand names, numbers, etc. as speared in the 4F13.
22 AN terns lit shall be row. n first dass mmtiton. induddg containers suitable for shipment and storage, unless otherwise Waled in 1FB. 1 /¢31301 agreerheMS to the
contrary wit not be retog e.L
23 Sampb6, when requested, mud be furnished ed ben of expose to to C8y. If not destroyed in emanation, they wit be returned to the Milder. on
request at bidder expense.
- EacteercaRpbslhouuMherrarked bidnumbeandada-DancA- enrkne' n'atach b13ict
24 The City wi not be bound by any oral statement or represub8on owxoary b the written specifications of this IFB.
25 Mani/sagas standard warranty slat apply vtess dhenvise stated in the IFB.
3. TIE BIDS: nose cite bids, the axardwl be made in acadancew6b Sedbn271. 901 of the Texas Local Government Code
4 DELNENY:
4.1 Bid should show Huberddays required place material n@y's designated locaices order normal conditions. Failure to state dolmr time obigates bidder to 00lplete
delivery In Naha (14) calendar days. IkreaDslicdy shat or long delivery promises may carne bid to be disregarded Consistent fafore to meet defvery promises
without vast reason may cause removal from hod 01. (See 4-2 fo1ow'ng)
4.2 If delay is 055105.06000,0.4.0119010 written notice brie City. The C8y has the right b extend delivery dale if reasons appear valid. Contractor moor keep the COy
advised at al tines of stabs of order: Default in promised delwey (vwYout acceptable nasals) or blure to meet specifications, aumarzes the City b purchase soaks
elsewhere and charge her increase, Lary, in cost and handing to debuting cabador-
43 .flip substitutions orcancellations permitted vagrant when approval of the Cty. - -
44 Delivery shoal be made during normal working hours only, unless prior approval for lab delivery has beenobbined from the City, unless otherwise speared n to WO.
5. INSPECTION AND TESTS Al goods wi be subject to inspection and test by to Cry to the extent wadeable at al tires and places Authorized Cly personnel shad have
access b any =MAWS place of lousiness for the purpose of inspecting merclanaEsee. Tests may be performed on samples subrodIed with to hod or on smoke taken from
regular shipments, t the products tested fah to meet a exceed a1 condemn and requ remmk of the apeclmralons, the oast of Me sample used and he cod of the testing shy
be bane by the stream Goods conch have been delivered and rejected 01 whole or in part may, at to C6's option, be returned b tho Vendor or held fordsposipah at Vendor's
risk and expense. Latent defects may resit in revocation of aa'eplaroe .
8. - AWARD OF CONTRACT: A response io an ffB is anoder b centred with the City based upon to curs, conditions, and spetigraias contained in the IFB Bids do net become
contracts unless and one thej are acCepled by the City through 8s.destgales and a purchase order is issued The contact shad be governed. construed, and interpreted under
the Charter of the City and the law of State of Texas. All conba:s are subject to the approval of to City Carnet.
7. PAYMENT: Vendor slat soak tree (3) copies of an invoice showing the purchase order number on al copies,
8. PATENTS AND COPYRIGHTS The cat2dor agrees to protect the City kern darts involvkhg infringements of patents or copyrights.
9. VENDOR ASSIGN/MEW & Vendor hereby assign to purchaser any and all claims for overcharges associated with cis contac which arise under the antitrust laws of to Stele .
of Texas Tx, Bus. And Comm. Code Ann Sec 15.01, et seq. (19871
10. BIDDER AFSIRMATJOfk
10.1 Sgnthg this hod with a Use statement is a material breath of contract and slat void the submitted bid or any n orutig contracts, and the bidder slat be removed ban
bid Ws By signature hereon .affixed, the bidder hereby certifies that
152 The bidder has rt given, offered b give, nor lords to give any time hereafter any economic opportunity, future employment at ban, greedy, special dscoort, tip, lava,
or service to a public senam In coares8on wit the ablated hod.
10.3 The bidder is not coned)). delinquent n the payment of any debt owed the City.
10.4 Nether the bidder nor the Ism, corporation, partnership, or any entity represented by the bidder, or anyone acting for such Irrrt orporai00, or entity has slobled to
antitrust laws of cis Stale codified in Section 15.01 el Seq. Texas Business and Commercial C ode, or de Federal An61us Laws, nor communicated dpredly or kdlecty
the bid made b any competitor, or any other person engaged n such the of business.
10.5 The bidder has net received compensation for participation in the preparation of the s
pec'ification for this IFB_
11. NOTE TO BIDDERS: Any toms and con:Mons attached to bid wi not be considered unless the bidder specifically references teem on the front of this bid fora WARNING: Such
lean and oondtons may result in d0goeIlSealon of pre hod (e.g. bids with the laws of a sale other than Teas requirements for prepayment limitations on remedies, etc) The
• City of Round R o d . . only accept bids which Codas all to terms and conditions of its formal IFB: in paioar, all bidders affirmations and certifications meat be included.
Subois00n of bids on fans other than City bid form may result in disqualification of your bid -
12 INQUIRIES: Inquiries pertaining m bid invitations muss give bid number, codes, and opening dale.
•
RESOLUTION NO. R- 03- 06- 26 -11G1
WHEREAS, the City of Round Rock ( "City ") desires to sell excess
bulk mulch, and
WHEREAS, the City has issued its invitation to bid and has
selected the offer to buy submitted by Whittlesey Landscape Supplies &
Recycling, Inc., and
WHEREAS, the City Council desires to enter into an Agreement for
Sale of Bulk Mulch with Whittlesey Landscape Supplies & Recycling,
Inc., Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City an Agreement for Sale of Bulk Mulch with Whittlesey
Landscape Supplies & Recycling, Inc., a copy of same being attached
hereto as Exhibit "A" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of
the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to the
public as required by law at all times during which this Resolution and
the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act,
Government Code, as amended.
RESOLVED this 26th day of June, 20.3.
CHRISTINE R. MARTINEZ, City Se
® PFDesktoODMA/ WORLDO X /0: /WDOX /AESOLUII/R30626G1, WPD /sc
retary
L, Mayor
City of Round Rock, Texas
Chapter 551, Texas
CITY OF ROUND ROCK
AGREEMENT FOR SALE OF BULK MULCH
THE STATE OF TEXAS §
CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That this Agreement for Sale of Bulk Mulch (referred to herein as the "Agreement ") is made
and entered into on this the day of the month of , 2003, by and between the
CITY OF ROUND ROCK, TEXAS, ahome -rule municipality whose offices are located at 221 East
Main Street, Round Rock, Texas 78664 (referred to herein as the "City"), and WHITTLESEY
LANDSCAPE SUPPLIES & RECYCLING, INC., a Texas corporation whose offices are located
at 3219 IH 35 South, Round Rock, Texas 78664 (referred to herein as the "Purchaser"). This
Agreement supersedes and replaces any previous agreement between the named par ties, whether oral
or written, and whether or not established by custom and practice.
RECITALS:
WHEREAS, City desires to sell excess bulk mulch; and
WHEREAS, City has issued its "Invitation for Bid" for City to sell excess bulk mulch, and
City has selected the offer to buy submitted by Purchaser; and
WHEREAS, City agrees to sell and Purchaser agrees to buy City's excess bulk mulch on a
contractual basis; and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights, duties, and obligations;
NOW, THEREFORE:
That for and in consideration of the mutual promises contained herein, the parties mutually
agree as follows:
1.01 DEFINITIONS
WITNESSETH:
A. Agreement means the binding legal contract between City and Purchaser whereby
City is obligated to sell specified goods and Purchaser is obligated to buy specified goods. The
Agreement includes the following: (a) City's Invitation for Bid designated as IFB 03 -010,
EXHIBIT
u An
Specification Number 03- 910 -09; (b) City's Invitation for Bid Addendum designated as IFB 03-
0010, Addendum No. 1, dated May 7, 2003; (c) Purchaser's Response to IFB, dated May 13, 2003;
(d) the contract award; and (e) 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)
(2)
(3)
This Agreement;
Purchaser's Response to IFB, dated May 13, 2003;
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 Ma j eure 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 reasonablywithin the control of the party claiming such
inability.
E. Goods means the specified supplies, materials, or equipment.
F. Purchaser means Whittlesey Landscape Supplies & Recycling, Inc., or any of its
successors or assigns.
2.01 EFFECTIVE DATE, DURATION, 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 twelve (12) months from the effective date hereof.
After that initial term, this Agreement may renew for successive terms for a period not to exceed four
(4) years after the initial expiration of term, only upon the express written agreement of both parties
and only provided Purchaser has performed each and every contractual obligation specified in this
Agreement.
C. City reserves the right to review the relationship at any time, and may elect to
terminate this Agreement with or without cause or may elect to continue.
2
3.01 CITY'S OBLIGATION TO SELL
A. City reserves the right to 5,000 cubic yards of bulk mulch each twelve -month period
to sell or give away to other parties, or otherwise dispose of as it deems appropriate.
B. After such reservation, City agrees to sell Purchaser a minimum of 15,000 cubic yards
of bulk mulch per each twelve -month period, or all that is available, whichever amount is greater.
C. The sole take -point for such bulk mulch shall be from City's Recycle Center located
at 301 Deepwood Drive, Round Rock, Texas. This Agreement shall cover only such specified
facility and no other.
4.01 PURCHASER'S OBLIGATION TO BUY
A. As a one -time obligation, Purchaser agrees to buy from City the accumulated bulk
mulch at City's Recycle Center, which accumulation is estimated to be approximately 10,000 cubic
yards.
B. Additionally and as a continuing obligation, Purchaser agrees to buy from City a
minimum of 15,000 cubic yards of bulk mulch per each twelve -month period, or all that is available,
whichever amount is greater.
5.01 PURCHASER'S CONTRACTUAL RESPONSIBILITIES
A. Purchaser agrees to perform all of its contractual responsibilities and obligations in
accordance with standards of the industry. Purchaser shall use best efforts to supervise and direct
its agents or employees competently, efficiently, and safely.
B. Purchaser agrees to furnish and assume full responsibility for all services, facilities,
equipment, materials and incidentals necessary for the proper purchase and removal of the goods the
subject of this Agreement.
C. Purchaser agrees to obtain all permits and licenses, if any, and pay all fees necessary
for the proper purchase and removal of the goods the subject of this Agreement.
D. Purchase hereby affirms and confirms that it has the capability of purchasing and
properly hauling the goods and quantities of goods specified herein.
E. Beginning with the Effective Date of this Agreement and continuing for three (3)
consecutive months thereafter, Purchaser shall purchase and remove from the site all of the
accumulated bulk mulch at City's Recycle Center, which accumulation is estimated to be
approximately 10,000 cubic yards.
3
F. Thereafter, Purchaser shall purchase and remove from the site a minimum of 15,000 cubic
yards of bulk mulch per each twelve -month period, or all that is available, whichever amount is greater.
G. Purchaser shall provide containers in proper numbers, sizes (a minimum 80 cubic yard
capacity), and types for the hauling of the required quantities of bulk mulch, and all such containers must
be pre- approved by City as to minimum and maximum size/configuration so as to facilitate City's loading
of the containers with available equipment, and so as to promote safety. Purchaser shall coordinate with
City's designated representative on placement of containers and on all site restrictions. Purchaser agrees to
haul in the following manner one (1) full container shall be picked up and one (1) empty container shall be
left.
H. Purchaser agrees to haul mulch at least four (4) days each week, excluding Sundays, and
shall haul only during City's regular business hours. Purchaser shall utilize its own equipment and personnel,
and both parties agree that no City equipment or forces shall be used except in the loading of the bulk mulch
on -site.
6.01 CITY'S CONTRACTUAL RESPONSIBILITIES
A. City hereby designates the following representative authorized to act in its behalf with
regard to this Agreement:
Emsud Horozovic
301 West Bagdad, Suite 250
Round Rock, Texas 78664
512 -341 -3350
B. Within five (5) days of the Effective Date of this Agreement, City's designated
representative shall provide Purchaser with a site visit which includes a facilities walk - through and an initial
orientation to acquaint Purchaser with operating policies and procedures. City's designated representative
shall coordinate with Purchaser on recommendations for operations, locations for placement of Purchaser's
containers, a start date, and other matters. It is expressly agreed by and between the parties that it shall be
the sole responsibility of Purchaser to familiarize Purchaser's own personnel with all site restrictions and
information.
C. City shall load Purchaser's approved containers with bulk mulch, using available equipment
and personnel. City shall use reasonable efforts to load Purchaser's containers expeditiously, but it is
understood and agreed by and between the parties that timing of loading is within City's control.
D. City shall provide Purchaser's drivers with correct, signed receipts at the time of each and
every site pickup.
7.01 RATES AND PAYMENT
A. During the entire term of this Agreement, Purchaser agrees to pay City for all bulk mulch
taken at the following fixed and firm rate: $4.03 per cubic yard.
4
B. City shall render a monthly bill to Purchaser for bulk mulch taken. Quantities shall
be determined by the official signed receipt obtained from City personnel at the time of each and
every site pickup. Payment in full by Purchaser shall be tendered to City not later than the tenth
(10th) day of each month. Monthly bills shall include, at a minimum, the following information:
(a) Purchaser's name and address;
(b) Description of goods purchased, and quantity of goods purchased;
(c) Dates of pickup; and
(d) City's address where payment must be remitted.
8.01 TAKE OR PAY
A. Purchaser is obligated to take all of the bulk mulch that City has, or 15,000 cubic
yards per twelve -month period, whichever is the lesser amount. Purchaser shall be obligated to pay
City based upon such contractual amount, whether hauled or not.
B. Purchaser agrees that City may pursue any remedy available to it at law or in equity,
including but not limited to specific performance of this Agreement and/or any action to recover an
amount of damages equal to such contractual amount.
9.01 CITY'S OPTION TO SELL TO OTHERS
A. Should Purchaser fail in its obligations to take the contractual amounts ofbulk mulch,
then and in that event City reserves its option to sell to other sources.
B. Purchaser expressly agrees that, should City exercise its option to sell to other sources
and such sale is at a lower rate, then and in that event City may charge Purchaser the difference in
price. Such action on the part of City shall not be considered an exclusive remedy, and shall not
waive any other remedies available to City at law or in equity.
10.01 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.
11.01 DEFAULT
Purchaser shall be declared in default of this Agreement if it does any of the following:
5
(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.
12.01 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 Purchaser.
B. In the event of any default by Purchaser, City has the right to terminate this
Agreement for cause, upon ten (10) days' written notice to Purchaser.
C. Purchaser 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. Should Purchaser fail to make any payment in full when due, then, in addition to any
other rights and remedies available to City, City may immediately and without notice suspend any
further sales to Purchaser until the amount due has been paid in full.
13.01 CITY'S LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTY
Goods are sold by City on an "as is" and "where is" basis. City disclaims all warranties,
express or implied, as to the condition, quality, or fitness of the goods, including but not limited to
warranties of merchantability or fitness for a particular purpose. City shall not be liable for any
claims or causes of action related to or concerning the goods.
14.01 INDEMNIFICATION
Purchaser 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, conceming or resulting from the fault of Purchaser, or
Purchaser's agents, employees or subcontractors, in the performance of Purchaser'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 Purchaser (including, but not limited to the right to seek
contribution) against any third party who may be liable for an indemnified claim.
6
15.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES
Purchaser, 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.
16.01 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.
17.01 NOTICES
All notices and other communications in connection with this Agreement shall be in writing
and shall be considered given as follows:
1. When delivered personally to the recipient's address as stated in this Agreement; or
2. Three (3) days after being deposited in the United States mail, with postage prepaid
to the recipient's address as stated in this Agreement.
Notice to Purchaser:
Clayton Whittlesey
Whittlesey Landscape Supplies & Recycling, Inc.
3219 IH 35 South
Round Rock, TX 78664
Notice to City:
James Nuse, City Manager Stephan L. Sheets, City Attorney
221 East Main Street AND TO: 309 East Main Street
Round Rock, TX 78664 Round Rock, TX 78664
Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of City and Purchaser.
18.01 APPLICABLE LAW; ENFORCEMENT AND VENUE
This Agreement shall be enforceable in Round Rock, Williamson County, 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
7
shall be govemed by and construed in accordance with the laws and court decisions of the State of
Texas.
19.01 EXCLUSIVE AGREEMENT
This document, and all appended documents, constitutes the entire Agreement between
Purchaser and City. This Agreement may only be amended or supplemented by mutual agreement
of the parties hereto in writing.
20.01 DISPUTE RESOLUTION
If a dispute or claim arises under this Agreement, the parties agree to first try to resolve the
dispute or claim by appropriate intemal means, including referral to each party's senior management.
If the parties cannot reach a mutually satisfactory resolution, then and in that event any such dispute
or claim will be sought to be resolved with the help of a mutually selected mediator. If the parties
cannot agree on a mediator, City and Purchaser shall each select a mediator and the two mediators
shall agree upon a third mediator. Any costs and fees, other than attomey fees, associated with the
mediation shall be shared equally by the parties.
City and Purchaser 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.
21.01 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion or provision of this Agreement void shall in no way
affect the validity or enforceability of any other portion or provision of this Agreement. Any void
provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be
construed and enforced as if this Agreement did not contain the particular portion or provision held
to be void. The parties further agree to amend this Agreement to replace any stricken provision with
a valid provision that comes as close as possible to the intent of the stricken provision. The
provisions of this section shall not prevent this entire Agreement from being void should a provision
which is of the essence of this Agreement be determined void.
22.01 MISCELLANEOUS PROVISIONS
Standard of Care. Purchaser 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. Purchaser understands and agrees that time is of the essence and that
any failure of Purchaser to fulfill obligations for each portion of this Agreement within the agreed
8
timeframes will constitute a material breach of this Agreement. Purchaser 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 Purchaser'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 Purchaser 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.
IN WITNESS WHEREOF, City and Purchaser have executed this Agreement on the dates
indicated.
CITY OF ROUND ROCK, TEXAS ATTEST:
By:
Nyle Maxwell, Mayor Christine R. Martinez, City Secretary
Date Signed:
Date Signed:
WHITTLESEY LANDSCAPE LIES & RECYCLING, INC.
By:
Clayto
Date igned:
9
CITY OF ROUND ROCK
SALE OF BULK MULCH
PART I
GENERAL
PART II
GENERAL SALE CLAUSES AND CONDITIONS
SPECIFICATION NO.
03- 910-09
DATED: April 2003
1. PURPOSE: The City seeks to establish a twelve month agreement with a Contractor to purchase and haul
bulk mulch daily from the City's Recycling Center
2. HISTORY: The City currently offers brush recycling to residents and non - residents, which includes
monthly brush collection from residential and commercial sites. A portion of this brush collection is griped
into mulch and provided to City Departments and residents at no cost. It is also estimated that the recycle
center will receive an average of 20,000 cubic yard (CY) of brush to be mulched each year. 5,000 CY of
this mulch will be reserved for the City and it's residents.
3. DEFINITIONS: The following definitions will be used for identified terms throughout the specification
and bid document
3.1. Agreement —A mutually binding legal document obligating the Contractor to buy the goods and
obligating the City to provide the same.
3.2. Buyer as identified throughout this specification shall describe persons and entities that consider
themselves qualified to purchase goods from the City.
3.3_ City — Identifies the City of Round Rock, Williamson Count, Texas.
3.4. Contractor —A person or business enterprise that is buying supplies, materials or equipment from
the City as fulfillment of obligations arising from a solicitation and/or agreement_
3.5. Goods — Shall define supplies, material or equipment
3.6. Purchase Order —A mutually binding legal document obligating the Contractor to furnish the
goods, equipment or services, and obligating the City to pay for the same.
3.7. Subcontractor - Any person or business enterprise providing goods, equipment, labor, and/or
services to a Agreement or if such goods, equipment, labor, and/or services are procured or used in
fulfillment of the Contractor's obligations arising from a agreement with the City.
1. LIMITATION 01? LIABILITY: GOODS ARE SOLD BY THE CITY ON AN "AS -IS, WHERE -IS"
BASIS, UNLESS OTHERWISE NOTED IN THE SOLICITATION - THE CITY DISCLAIMS ALL
WARRANTIES, EXPRESSED OR IMPLIED, AS TO THE CONDITION, QUALITY, OR FITNESS
OF THE GOODS, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF
MERCHANTABILITY OR FITNESS FORA PARTICULAR PURPOSE. THE CITY SHALL NOT
BE LIABLE FOR ANY CLAIM OR CAUSE OF ACTION RELATED TO OR CONCERNING THE
GOODS OR THE SOLICITATION.
2. PACKAGE AND TRANSPORT: The Contractor shall bear the cost of providingcontainer(s) (packaging)
and transporting goods from City facilities unless otherwise provided.
3. RIGHT TO ASSURANCE: Whenever one party to the Agreement in good faith has reason to question the
other party's intent to perform, demand may be made to the other party for written assurance of the intent to
SPECIFICATION NO.
03- 910 -09
DATED: April 2003
perform In the event that no assurance is given within the time specified when demand is made, the
demanding party may treat this failure as an anticipatory repudiation of the Agreement_
DEFAULT: The contractor shall be in default under the Agreement if the Contractor (a) fails to make any
payment when due, (b) fails to fully, timely and faithfully perform any of its material obligations under the
Agreement, (c) fails to provide adequate assurance of perfomrance under the "Right To Assurance"
paragraph, or (d) becomes insolvent or seeks relief under the bankruptcy laws of the United States.
5. TERMINIATION FOR CAUSE: In the event of a default by the Contractor, the City shall have the right
to terminate the Agreement for cause, by written notice effective 10 clays, unless otherwise specified, after
the date of such notice, unless the Contractor, within such 10 days period, cures such default or provides
evidence sufficient to prove to the City's reasonable satisfaction that such default does not, in fact, exist If
Buyer should fail to make any payment in full when due, then in addition to any other right or remedy
available to the City, the City may immediately and without notice suspend any further sales to the
Contractor until the amount due has been paid in full.
6. TERMINATION WITHOUT CAUSE: The City has the right to terminate the Agreement, in whole or in
part, without cause any time upon 30 days' prior written notice. Upon receipt of a notice of termination, the
Contractor promptly cease all further work pursuant to the Agreement, with such exceptions, if any,
specified in the notice of termination. The Contractor shall pay the City for all Goods received but not paid
for prior to the date of termination in accordance with the terms hereof
I COMI'UTANE WI'I$3. The anitractorshalt vent, y with all fednal ,tnlq -and locallaws; —
statutes, ordinances, Hiles and regulations, and the orders and decrees of any court or administrative bodies
or tribunals in any matter affecting the performance of the contract, including without limitation, workers'
compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws
and regulations, safety and health laws including but not limited to those promulgated by the City and by the
Occupational Safety and Health Administration (OSHA). When requested, the Contractor shall furnish the
City with satisfactory proof of its compliance.
INDEMNITY: Contractor shall save harmless and defend the City, officers, agents, servants,
ry, the Ci its offi
and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages,
costs, expenses, attorney's fees and any and all other costs or fees incident to the performance of the
resulting agreement and arising out of a willful or negligent act or omission of the Contractor, its officers,
agents, servants and employees.
INSURANCE: The Contractor shall procure and maintain at its sole cost and expense for the duration of the
contract resulting from a response to this bid/Specification insurance against claims for injuries to persons or
damages to property which may arise from or in connection with the performance of the work as a result of this
bid by the successfid bidder, its agents, representatives, vohmteers, employees or subcontractors.
5.1. Certificates of Insurance and endorsements shall be furnished to the City and approved by the City
before work commences.
5.2. The following standard insurance policies shall be required:
5.2.1. General l Liability Policy
52.2. Automobile Liability Policy - -
523. - Worker's Compensation Policy
53. The following general requirements are applicable to all policies:
5.3.1. Only insurance companies licensed and admitted to do business in the State of Texas
shall be accepted.
5.3.2_ Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a
per occurrence basis for property damage only_
5.33. Claims made policies shall not be accepted, except for Professional Liability Insurance.
Pave 2 of 7
SPECIFICATION NO.
03- 910-09.
DATED: April 2003
53.4. Upon request, certified copies of insurance policies shall be furnished to the City
5.4. Policies shall include, but not limited to, the following minimum limits
5.4.1. Minimum Bodily Injury Limits of $300,000.00 per occurrence.
5.42. Property Damage Insurance with minimum limits of 550,000.00 for each occurrence,
5.43. Automobile Liability hsmance for all owned, nonowned, and hired vehicles with
mini num limits for Bodily Injury of $100,000.00 each person, and 3300,000.00 for
each occurrence, and Property Damage Minimum limits of $50,000.00 for each
occurrence.
5.4.4. Statutory Worker's Compensation Insurance and minimum $100,000.00 Employers
Liability Insurance.
5.4.5. Coverage shall be maintained for two years minimum after the termination of the
Contract-
5.5. The City shall be entitled, upon request, and without expense to receive copies of insurance
policies and all endorsements thereto and may make reasonable request for deletion, revision, or
modification of particular policy terms, conditions, limitations, or exclusions (except where policy
provisions are established by law or regulation binding either of the parties hereto or the
underwriter of any of such policies). Upon such request by the City, the Contractor shall exercise
reasonable efforts to accorgrhsh such changes injolicy coverage and shall pay the cost thereof.
All
insurance and bonds shall meet the requirements of the bid specification and the insuranc
endorsements stated below.
5.6. Contractor agrees that with respect to the required insurance, all insurance contracts and
certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment the
following provisions:
5.6.1. Provide for an additional insurance endorsement clause declaring the Contractor's
insurance as primary
5.62. Name the City and its officers, employees, and elected officials as additional insureds, (as
the interest of each insured may appear) as to all applicable coverage.
5,63. Provide thirty days notice to the City of cancellation, non- renewal, or material changes
5.6.4. Remove all language on the certificate of insurance indicating:
5.6.5. That the insuranc company or agent/broker shall endeavor to notify the City; and,
5.6.6. Failure to do so shall ixopose no obligation of liability of any kind upon the company, its
agents, or representatives.
5.6.7. Provide for notice to the City at the addresses listed below by registered mail:
5.6.7.1. Contractor agrees to waive subrogation against the City, its officers,
employees, and elected officials for injuries, including death, property
damage, or any other loss to the extent same may be covered by the proceeds
of insurance.
5.6.7.2. Provide that all provisions of this contract concerning liability, duty, and
standard of care together with the indemnification provision, shall be
underwritten by contractual liability coverage sufficient to include such
obligations within applicable policies_
5.6.7.3. All copies of the Certificate of Insurance shall reference the project name, bid
number or purchase order number for which the insurance is being supplied
Pape. 3 of 7
SPECIFICATION NO.
03- 910-09
DATED: April 2003
5.6.8. Contractor shall notify the City in the event of any change in coverage and shall give
such notices not less than thirty days prior notice to the change, which notice shall be
accomplished by a replacement Certificate of Insurance.
5.7. All notices shall be mailed to the City at the following addresses:
Assistant City Manager City Attorney
City of Round Rock City of Round Rock
221 East Main Street 309 East Main Street
Round Rock, TX 78664-5299 Round Rock, TX 78664
5.8. Approval, disapproval, or failure to act by the City regarding any insurance supplied by the
Contractor shall not relieve the Contractor of full responsibility or liability for damages and
accidents as set forth in the these requirmcnts_ Neither shall bankruptcy, insolvency, or denial of
liability by the insurance company relieve the Contractor from liability.
5.9. If the Contractor employs, contracts with or otherwise permits any other individual or entity to
perform any of the obligations of the Contractor, then any and all of these individual or entities
shall be bound by the same insurance requirements as the successful bidder-
6. WORKERS COMPENSATION INSURANCE: Texas Labor Code, Section 406.098 requires workers'
compensation insurance coverage for all persons providing services on building or construction projects for a
governmental entice.
Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self-
insure issued by the Texas Workers' Compensation Commission, or a coverage agreement (TWCC -81,
TWCC-82, TWCC-83, or T WCC -84), showing statutory workers' compensation insurance coverage for the
per son's or entity's employees providing services on a project, for the duration of the project
Duration of the project - includes the time from the beginning of the work on the project until the
CONTRACTOR's/person's work on the project has been completed and accepted by the OWNER
Persons providing services on the project ("subcontractor') in Section 406.096 - includes all persons or entities
performing all or part of the services the CONTRACTOR has undertaken to perform on the project, regardless
of whether that person contracted directly with the CONTRACTOR and regardless of whether that person has
employees: This includes, without limitation, independent contractors, subcontractors, leasing companies,
motor carriers, owneroperators, employees of any such entity, or employees of any entity which furnishes
persons to provide services on the project " Services" include, without limitation, providing, hauling, or
delivering equipment or materials, or providing labor, transportation, or other service related to a project
" Services" does not include activities enrebtedto the project, such as food/beverage vendors, office supply
deliveries, and delivery of portable toilets. -
The CONTRACTOR shall provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code,
Section 401.011(44) for all employees of the CONTRACTOR providing services on the project, for the
duration of the project.
The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being awarded the
contract
If the coverage period shown on the CONTRACTOR's current certificate of coverage ends during the duration
of the project, the CONTRACTOR must, prior to the end of the coverage period, file a new certificate of
coverage with the OWNER showing that coverage has been extended.
The CONTRACTOR shall obtain from each person providing services on a project, and provide to the
OWNER:
Pape. 4 of 7
SPECIFICATION NO.
03- 910-09
DATED: April 2003
•
A. a certificate of coverage, prior to that person beginning work on the project, so the OWNER will have on
file certificates of coverage showing coverage for all persons providing services on the project and
B. no later than seven calendar days after receipt by the CONTRACTOR, a new certificate of coverage
showing extension of coverage, iftbe coverage period shown on the entreat certificate of coverage ends
during the duration of the project.
The CONTRACTOR shall retain all required certificates of coverage for the duration of the project and for one
year thereafter.
The CONTRACTOR shall notify the OWNER in writing by certified mail or personal delivery, within 10
calendar days after the CONTRACTOR knew or should have known, or any change that materially affects the
provision of coverage of any person providing services on the project.
The CONTRACTOR shall post on each project site a notice, in the text, form and mariner prescribed by the
Texas Workers' Compensation Commission, informing all persons providing services on the project that they
are required to be covered, and stating how a person may verify coverage and report lack of coverage.
The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a
project, to:
A- provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any
coverage agreements, that meets the statutory requirements oft eras Labor C - oride, z,ecnon 401.01
for all its employees providing services on the project, for the duration of the project;
B. provide to the CONTRACTOR; prior to that person beginning work on the project, a certificate of
coverage showing that coverage is being provided for all employees of the person providing services on a
project for tine duration of the project;
C. provide the CONTRACTOR, prior to the end of the coverage period, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of coverage ends
during the duration of the project;
D. obtain from each other person with whom it contracts, and provide to the CONTRACTOR:
1) a certificate of coverage, prior to the other person beginning work on the project; and
2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage
period, if the coverage period shown on the current certificate of coverage ends during the duration
of the project
E. retain all required certificates of coverage on file for the duration of the project and for one year
thereafter,
F. notify the OWNER in writing by certified mail or personal delivery, within 10 calendar days after the
person knew or should have known, of any change that materially affects the provision of coverage of
any person providi g services on the project and
G. contractually require each person with whom it contracts, to perform as required by paragraphs (A thru
G), with the certificates of coverage to be provided to the person for whom they are providing
services.
The Contractor's faihne to comply with any of these provisions is a breach of contract by the Contractor that
entitles the Owner to declare the contract void if the Contractor does not remedy the breach within ten calendar
days after receipt of notice of breach ftom the owner.
Pane 5 of 7
SPECIFICATION 140.
03- 910-09
DATED: April 2003
7. VENUE: Both the City and the Contractor agree that venue for any litigation arising from a resulting
agreement shall lie in Williamson County.
8. INDEPENDENT CONTRACTOR: It is understood and agreed that the Contractor shall not be considered
an employee of the City The Contractor shall not be within protection or coverage of the City's Worker'
Compensation insurance, Health Insurance, Liability Insurance or any other insurance that the City from time
to time may have in force and effect.
9. INVOICING: Contractor shall receive an invoice for payment monthly for quantities received within the
thirty-day period.
10. PAYMENT: Contractor shall submit payments to the City promptly npon receipt of invoice to the following
address:
City of Round Rock
Finance Department
221 East Main Street
Round Rock, TX78664 -5299
11. WARRANTY - PRICE: The contractor certifies that the prices in the offer have been arrived at independently
without consultation, communication, or agreement for the purpose of restricting competition, as to any matter
relating to such prices with any other firm or with any competitor. -
12. CREDIT: The Bidder shall upon request provide the City such financial infonnation as the City may require
determining the credit worthiness of the Bidder, including but not limited to, annual reports, audited financial
statements.
PART
1. SCOPE: This specification describes a 12 -month agreement for a Contractor to purchase the City's bulk
mulch. Successful vendor shall provide containers and haul the mulch from the center a minimum of 4 days
per week or as agreed, with the exception of Sundays.
2- SITE VISIT: Facility walk through and site inspection will be conducted for bidders to fully acquaint
themselves with the site conditions, as they exist for full comprehension of the facilities, difficulties and/or
restriction§ attending the proposed project.
Date: May 6, 2003
Location: Recycling Center, 301 Deepwood, Round Rock, TX
Time: 2:00 PM
Contact Emsud Horozovic @ 512-341-3350
3. SITE RESRICTIONS
3.1. Contractor shall coordinate with City's Administrator on placement of containers and all
restrictions of site before contract commencement.
32 City Equipment The Contractor shall not use any City owned equipment for use in its operation_
4. ORIENTATION OF CONTRACTOR: The City will provide an initial orientation to the Contractor
within five days after contract effective date to identify all policies and operating procedures of the
recycling center. During this meeting, the Contractor shall provide the City with their recommendations for
operation, best locations to install orplace Contractor's equipment and a start date (not to exceed 35 days
from effective date of contract) NOTE: It shall be the responsible of the Contractor to familiarize its
personnel with the site and site restrictions.
Pane 6 iif 7
SPECIFICATION NO
03 -910-09
DATED: April 2003
5. CONTRACT RESPONSIBILTrtES: The Contractor shall agree to purchase and haul a minimum of
15,000 CY of mulch or quantities available, which ever is greater, during the 12 -month contract period and .
any extensions thereafter. The Contractor shall:
5.1. Provide container(s), 80 CY minimwn, for City to fill with mulch.
5.2. Haul mulch from City property at least four days a week using own personnel and equipment.
Hauls shall be during regular City business operation.
5.3. Purchase and haul the surplus mukh that has accumulated at the site, estimated 10,000 CY.
5.4. Check with City personnel to get receipt after each mulch pickup. Receipt shall indicate amount of
mulch received and requires signature. See attached example.
5.5. Make payments to the City upon receipt of monthly invoice. See attached example.
6. CITY RESPONSIBILTIES:
6.1. Load mulch into containers.
6.2. Provide receipt for each haul.
63. Invoice Contractor the first of every month.
6.4. Communicate with Contractor circtunstances arise that require additional sale of bulk mulch.
PART III
AGREEMENT TERMS AND CONDITIONS
J. AGREEMENT: The term of this agreement shall be for a twelve -month period of time from the date of award_
Prices shall be firm for the duration of the agreement, except as provided for herein. This agreement may be
renewed for four additional periods of time not to exceed twelve months for each renewal provided boil[ parties
agree. The City reserves the right to review the Vendor's perforrance at the end of each twelve month period of
time and to cancel the contract (without penalty) or continue the contract through the next period.
3, SALE QUANTITY: The quantities shown on the IFB are estimates only. The Contractor shall purchase a
minimum of 15,000 CY or all that is available, which ever is the greater. In the event the Contractor declines
purchase on contracted mulch, the City may sale mulch elsewhere and the Contractor may be charged the difference,
if any. '
2, CANCELLATION: Either party may cancel the contract, without penalty, by providing 30 days prior written notice
to the other party_ Termination under this paragraph shall not relieve the Contractor of any obligation or liability that
has occurred prior to cancellation. NOTE: This contract is subject to cancellation, without penalty at any time
the City deems the Contractor to be non - compliant with contractual obligations,
CONTRACT ADMINISTRATOR: All work performed under this contract will be supervised and verified by the
City representative noted below.
Emsud Horozovic Q 512- 341 -3350
Pave 7 of 7
Customer
Name
Address
City
Phone
City of Round Rock
301 Bagdad Street, Ste. 250
Round Rock, TX 78664
218 -5540 fax 218 -5548
State TX ZIP
Receipt No. 1
RECEIPT
Date
Order No.
Rep
FOB
05/13/03
Qty /CY
TOTAL
0
Signature below acknowledges receipt of above quantities.
Signature of Receipt
Print Name
Customer
Name
Address
City
Phone
Name
CC #
City of Round Rock
301 Bagdad
Round Rock, TX 78664
218 -5540 fax 218 -5548
Expires
State TX ZIP
REMIT TO: City of Round Rock, Forrestry Div, 301 Bagdad, Ste. 201,
Round Rock, TX 78664
PAYMENT DUE UPON RECEIPT
Invoice No. 1
INVOICE
Date
Order No.
Rep
FOB
10/21 /2002
Qty
Weekly/Monthly invoice for mulch hauling
Payment Details
O Cash
O Check
O Credit Card
Load size c.y.
SubTotal
Shipping & Handling
Taxes
TOTAL
TOTAL
#REFI
Office . Use Only
Mayor
Nyle Maxwell
:Napo[ Pro-tent
Tom Nielson
• •mNI He olm.s
Alan M[Graw
Cen to Pitt
Scot Knight
-ahcI Callahan
Gary Coe
city Manager
pm Nose
City Attorney
Stephan L Sheets
j 10:15 FAL 5122187028
Approved by
ACKNOWLEDGE)
i1 fi
Vendor ( t tot(J JJts
CORR I.SURCHASING
ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY
INVITATION FOR BID ADDENDUM
PURCHASING OFFICE
CITY OF ROUND ROCK, TEXAS
IFB No. 03 -0010 Addendum No. 1 Date of Addendum: May 7, 2003
The following items in the IFB identified above have been changed:
Paragraph 5.3 of Part 111, Specification has been changed to read:
The Contractor shall purchase and haul the surplus mulch that has
accumulated at the site (10,000CY) within three months after the contract
commencement.
All other terms and conditions of this IFB and specifications remain
unchanged.
13y the signatures affixed below, Addendum No. 1 here- incorporated into
Y � Y �
and made a part of the above referenced IFB.
Signature
5-13-3
Date
RETURN ONE COPY OF THIS ADDENDUM TO THE PURCH G OFFICE, CITY OF
ROUND ROCK WITH YOUR SEALED Birk FAILURE TO DO 30 MAY CONSTITUTE
GROUNDS FOR REJECTION OF YOUR BID.
CITY OF ROUND ROCK in Fast Main Sweet • Round Rode Texas 78664
Phone 51z z'8.54o0 • Far. 51L118.7oz8• www,c1sound- rocku.u$
X1001: t;;; ;
VENDOR'S BID RESPONSE
INVITATION FOR BID NO. 03-010
SPECIFICATION FOR THE SALE OF MULCH, NO. 03-910-09
5
!TERM
anise REM DESCRpTgN . ,. Q7Y
91099
11Htf
NANE/110DE1.
UNIT
PRICE
EXTDi.,IDM
This LS lo estabfsh a twelve -month Agreement for a vendor to purchase
buk mulch from the City %Rh the option to extend four additional
heel un .nl, I„r lod itraccord,,., id.
Spedfra0on No. 03-910-09, dated 4-03 attached (7 pgs)
SITE VISIT: May 6,2003 TIME: 2:00 PM
LOCATIOtk Recycle Center, 301 Deepwoods Dr.
CONTACT: Ensud@ (512) 341 -3350
Bulk Mulch (minimum quantity 15,000 cy per year)
References:
Name 9/Ih t IR�ile 3O-$-3$Z1-
Phone +$59
-
1
CT
1.{. 03
GRANO TOTAL:
Linde-0
1
•
Name ESQI ale M.- Phone -139 8
e 93o
�nt`.
Name ittnS ats Phone or/
- BIDS ARE DOE TO THE' PURCHASING OFFICE
AT THE ABOVE ADDRESS BEFORE BID
OPENING TIAE
INVOICE TO
Cdy of Rand Rock
Timms OePmYnent
221 East Mall Shed
Round Rock Texas 78664 -5299
BID F.0 B- DESTINATION, FREIGHT PREPAID AND
ALLOWED UNLESS DBIERWISE SPECIFIED BELOW
DESTINAIlC11
CBy d Round Rock
Recyde Center
301 Doepds Drive
Rand Rack TX 78664
Vt 1 F ur MAIM Paaa wminAJIPPu vrtrCE
221 E. Main Street
Round Rock, Texas 78664 -5299
FAC LE IFSPONSFS
SIM LMOT BEACCBTED
AMIM rU wrMnBUAIE•
woMM.flM Lo.rB
nMID COMM Or 5.1.0190
ENVELOPE•SNOW WIMP
MORE. ar - r.el
TAX DNO, �4 L }8549
LEGAL BUSINESS NAME WW it
Bidder agrees to compN with all condiDons set tooth below and on I1re reveTSe side Of UILs
BIDDING MFDRMAITO t
B D NUMBER: 03-010
O PENING DATE: 5113/2003 AT300 PM
BID LOCATION_ 221 E Main Street, 1st floor
Council Chamber.. Round Rods TX 78664
'RETURN SIGNED ORIGINAL AND ONE COPY OF BD
4125!1003
1 oft
SEE /.6 ON BACK FOR MSTRUCDONS_
QS 4
ADDRESS: 2L adi' �•' Vr -ILT1 ' -
ADDrFSS
CONTACT: t vDyy
TELEPHONE NO: Sri-9Y' - }1x7
MLSMESS ENTRY TYPE tandscaDL udo i!S
DELI EhYM DAYS
By the signature hereon affixed, Ire bidder hereby certifies that neither the bidder nor the entity represented by the bidder, or anyone acting for such
entity has violated the antitrust laws of this State, codified in Section 15.01 et seq., Texas Business and Commerce Code, or the Federal anfllrust
laws, nor cormnunioted directy or indrecfy, the bid made to any competitor or any other person engaged in such fine of business'
ITEMS BELOW APPLY TO AND BECOME A PART OF TERMS AND CONDITIONS OF BID
ANY EXCEPTIONS THERETO MUST BE IN WRJIING
1. - BIDDING REOUIREMEnTsc
1.1 Bidding remiss pricing per uvl shown and eidendons. If lade discount is shown on bid, f should be deducted and net Inc erdermiurs Shawn Bidders gherad¢es
prodsYafa toil mcetaexceed spec:Reagens klp4fed in tits Invileban For Bid (IFB).
12 Beds should be s u b a ' N e d an Pis form. E a c h b l d steal be p l a c e d . asepalate envebpeoarpletely and property identified. See instruclons an reverse side. Bids must be
in the office cif freC yPudesigAgent before Ora ham and date remind on the reverse side d fns IFB. • "
13 tale bids properlytdenfibedwi be reoe ed b bidder«opened. Late bids will 001 be considered.
1A Bid F.OB. deafiafati 6eigM, prepaid, 8 alcoved Were otherwise spxd5ed on the IFB. Notheswis°, show/ exact cosi todelaver.
1.5 Bld «d price on quantity and let of nreasue speckled.. extend and show told. In case of erns in extension, uni prices shall govern Bids subject l0 °minted pie
inceasew7 net !reconsidered. -
1.8 Bid pdcesshel belim for acoeplance 30 days from bid operwg date. • Disown! rom Ldsi bids are not aeuptence unless requested. C ash discount mil net be -
considered todetemiinig the pow bid. Al cash discounts offered wit be takenfearned
1.7 Bids shell give Tea Idctica6m Metba, full name and address of bidder. Faire b sign INS disqualify bkl Person signing bid shall show Me and autody b bind
skeletal. Own in a centred Fem naive should appear on tech page in the Dock provided in the upper right comer. Business Erdity shall be one ft) of the following
Individual, PaMdstip Soo Prnixielership, Esbteffrust, CarpaaSo., Governmental,. Non-poll, al others shlal be specified INDIVIDUAL: List name and nun
shown an Soda Seemly can SOLE PROPRIETORSFIP ; pat Segal name k vowed by legal W anrss name and Social Seemly Number. ALL OTFERS Lid legal romp
of entity and Tax Idenlikation Number (RI). - -
1.8 Bid canon be altered or amended after opening Gone. - - Any Alterations made before opening Brno that be labeled by bidder or an autoriied agent. No bid can be
wifhdra n ataopenig fine walnut approval of the CITY based on a wnbern acceptable reason
to The City is exempt from Saks Tax and Federal Excise Tax Do include clude lax it bid.
1.10 The cit .eseves the right b accept or riled al or any pat of Lid, waive minor tedrtplles and award the lid le best serve tie interests d the
made at the she ds«eBon d the C8y. Cie; Split awards maybe
1.11 Consistent and oninued tie bids could cause rejection of bids by tie Glyaedbr inves6gaen foranerusnidaforso
1.12 Telephone bids and facsirde Lids are not acceptable in 'espouse to lye IFB.
1.13 CAU7101k Bid hwia&on as sW6den1 time for receipt alive preferred mai response The City shat nal be respaxn*le for bids received lam iegide, ix nylete. or
otherwise nonresponsive
2. SPECIFICATIOM
21 - Arrydatog, brad name ormanfadurefsrdeenoe used in ED is desaipBue only Ind neshic5ve), and is used indcate tripe and qualitydesied. Bids on braids dike
nature and quaky wi be considered unless advertised under the povaions of Section 252022 of to Te esiocal Gwernrnesd Code. f oIler than brand(8) epeclied is
dined, iwbalohfs and wapiti descriptions predict offered are .eepresled b be made a part of the bid If Heider takes no ewep8afs b speabcafons a refers:me
data in lid bidder WI be required ki knish bad names, numbers, etc, as specified in the h8
22 Al - tarnbid shoal be new, it tis1 doss canefbon, inducing containers suTat a for shipment and siaage. unless othovdee iidcaled It IFB. Verbal egeermts b the
contrary wit «t he recognized.
23 Sampled, when requested, onus be furnished Tree daspens° to to City- If not destroyed in rea*aSo, they will be retuned lo to on bidder,
'xasepleslohtd-Wmakedh ' ... .. request. al bidder expense_
24 The'Cty war col be band 0- ep a..e. n tad tot
by apply 05ee te e d ibary bSevwhteu speaklca6wm of b&
2.5 karwtackmu>ls standard hvananly stet apply utel5 otherwise Slatndnthe lFB.
3. TIE BIDS hrasedlie bids,to award wB be made in accordance rah Section 271.901 site Texas Local Goverment Cade.
4_ DELNEM':
4.t Bid should show number */ days required b placental/anal in Ciys designated location under normal iond§ons. Faire le stale delver time oh/gales bidder to xnmpele
d o0ve valid reason (14) calendar days Unrealistically short long ort or ng delve promises may cause bid b ei
be aegarded. Consistent failure 10 meet date* promises
mayeo me exanea1 ion bid 1x- (See 4.2fobnisg)
42 If delay as foresee, oodrador slot give whiten notice to the C43 The City has to right b extend delivery dale if leaser= appear mad Contractor must keep the CIly
advised at al times dad« of ceder: Default in promised dt3very bvW nd acceptable reasons) or failure to meet specifications,. authorizes the City b perdu. simples.
43 _ and ful increase fanny, n cost and bantam b defaulting contractor_ - - -
44 No subahalberrade enulled'Whrdwalen approval d the Ciy
dmng.o...networking hours only. unless prior approval for late delvay has been obaihed ken the Orly, unless othemse specified Is the t-8
5. INSPECTION AND TESTS Al goods yell be s.bjed to iespec*on and test by bra City to the eclat predicable at al pores and Paces Authorized Cty pommel shat have
access to any s pplees place d business for the pupeme of inspecting merchandise. Tests may be performed on samples sudnded 015 the bid « on samples taken from
regular shipments. t du
be products rested tad b meet or exceed al «ahagons and requirement d to specifications. the cod d the sample used and the coal cif Ire lasing shall
50 and by suppler. Goods wdnd. have been delve red and rejected in whole« n pat may, at the Curs option, be retuned b the Vander a held for dsposlfon at Vendor's
expense Latent defeds may result in revocation of acceptance. -
8. - AWARD OF CONTRACT: A response b an IFB is an tiler b centred with the Cly based upon to rams, coedtkns, and sped5cafons contained in the UFB Bids 4d not became
coehactS unless and mil t eyare aaepted by tie City though Is -desig ales and a purchase order is axed The contract shall be governed, construed and iderpreled under
the Charier el the City and the laved Sided Texas. AI contacts are sdject to fhe approval of the City Cast.
7. PAYMENT: Vendor she' submit tree (3) copies or an :twice showing to purchase ender member en all copies.
8. PATENTS AND COPYRIGHTS The conkador agrees to poled the City from damns lmmh;'g Mkigareas of patents «copyrights
9. VENDOR ASSIGNMENTS Vendor hereby assigns to purchaser any and at danm for overcharges associated win Ills contrac which wise under the antitrust laws of the Slab .
of Texas. Tx, Bus And Cann Code Ann Sec 15.01. et seq. (1957)
10. BIDDERAFFW1W1TIOI& -
10. 1 Signing leis bid rwT a false seemed is a material breach of moat and shell void the svbmlled bid or any resulting contracts, and the bidder shall be removed Sons al
bid tins By eigalme hereon affixed, the bidder hereby certifies that
102 The bidder has not Pais offered b give, nor intends to give an erne hereafter any economic oppx4W3y future employment, 981. oar, galoty, spew) dudmL 6p,tava,
or service b a pubic servant in coenedk.s wUh the subidled bid.
103 The bidders not current r del ques in the payment of any debt owed the Gly.
104 Neiher One bidder nor Ile fun, mrporafon, partnership. or any enily represented by the bidder. or anyone acting for such km, c mporaide. or eddy has violated the
antitrust taws of this State sodded in Sermon 15.01 el Seq. Texas Business and Commercial Code, or the Federal Adihmt Lan, nor communicated directly or indrec0y
the bid made lo anycompetitor,« any other person engaged in such fine of business- - -
10. 5 The bidder has nol received compensation for participation in the preparalm of the spe?ci0cation for 1045 IFS.
11. NOTE TO BIDDERS: Any terms and corditons attached to rid will not be considered unless to bklder spe ificaly references then on the but of this hid fpm WARNING_ Such
terms and condfions may result in dsquallcation of the bid (e.g. Gds with the taws of a slate other than Texas requirements kr
City d Rauh Rock can only accept Gds which contain al the tens and conditions d is formal 1F8 n prepayment_ and Limitations oo on reunites, 5.l The
Submission of lids on bans other Iran d bidders affirmations a certifications must be included.
City hid fern may result n rlapelfication d your bid.
12 INQUIRIES Inquiries pertaining to bid imilaOons must give bid number. code. and opening dare
ITEM II
CLASS & REM DESCRIPTION - QTY
91009
UNIT
MAKE/MODEL
UNIT
PRICE
EXTENSION
1
.
This is to establish a twelve-month Agreement fora vendor to purchase
bulk mulch from the City with the option to extend four additional
twelve-month periods in accordance with
Specification No. 03- 910 -09, dated 4-03 attached (7 pgs)
SITE VISIT: May 6, 2003 TIME: 2:00 PM
LOCATION: Recycle Center, 301 Deepwoods Dr.
CONTACT: Emsud @ (512) 341 -3350
Bulk Mulch (minimum quantity 15,000 cy per year)
References:
Name 618 Qn I T uLli .... Phone 1430- 598.382
a
Cr
j
i4. 0
GRAND TOTAL:
ik
Name S lA `
O2a" f1. Phone 930' (39g
Name Nit'iku h Phone 014 Z 14473
• BIDS ARE DUE TO THE PURCHASING OSING OFFICE
AT THE ABOVE ADDRESS BEFORE BID
OPENING TIME
INVOICE TCt
City of Rand Rock
Finance Department
221 East Main Street
Round Rock, Texas 786845299
BID F.O.B. DESTINATION, FREIGHT PREPAID AND
ALLOWED UNLESS OTHERWISE SPECIFED BELOW
DESTINATION:
City o1 Round Rock
Recycle Center
301 Deepwoods Drive
Round Rock, TX 78664
CITY OF ROUND ROCK PURCHASING OFFICE
221 E. Main Street
Round Rock, Texas 78664 -5299,
FACBWE RESPONSES
SIIOwam°PENNG EWE
i
MO MOM N LOMA LEFT
FLOW CORNEA OF SEALED MO
EOVELME 6 WOW RETURN
AMMO OF MONO FMK
BIDDING INFORMA71QIt
B1D NUMBER: 03-010
OPENING DATE: 5/13/2003 AT 3.00 P.M.
BID LOCATION: 221 E. Main Street, 1st floor
Council Chambers. Round Rock TX 76664
RETURN SIGNED ORIGINAL AND ONE COPY OF BID
SEE 1.6 ON BACK FOR INSTRUCTIONS:
Z
TAX ID NO:
LEGAL BUSINESS NAME: W
ADDRESS - 21
ADDRESS
CONTACT:
1iOt5 (t111 IsAi4t1P' C
s, 2.-4f9— t,Z
TYPE:
` OD RCS
TELEPHONE NO:
BUSINESS ENTITY
SHALL NOTEEACCEPIED
Bidder agrees to comply with all conditions set forth below and on the reverse side of this IFB.
DELIVERY IN DAYS
.,r.« •,r u. WOLO...rs
4/25/2003
1 al 1
•
By the signature hereon affixed, the bidder hereby certifies that neither the bidder nor the entity represented by the bidder, or anyone acting for such
entity has violated the antitrust laws of this State, codified in Section 1501 et seq., Texas Business and Commerce Code, or the Federal antitrust
laws, nor communicated directly or indirectly, the bd made to any competitor or any other person engaged in such line of business."
U3 16:18 FAX 5122187028
Mayor
Nyle Marwdl
Mayor Pro -rent
Tom Nielson
• ,n Members
Alan McGraw
Carne Pitt
Scot Kmght
_abcl Gallahen
Gary Coe
City Manager
Jan Huse
City Attonley
Stephan L Shenis
CORR PURCHASING
ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY
INVITATION FOR BID ADDENDUM
PURCHASING OFFICE
CITY OF ROUND ROCK, TEXAS
IFB No. 03 -0019 Addendum No. 1 Date of Addendum: May 7, 2003
The following items in the IFB identified above have been changed:
Paragraph 5.3 of Part 111, Specification has been changed to read:
The Contractor shall purchase and haul the surplus mulch that has
accumulated at the site (10,000CY) within three months after the contract
commencement.
All other terms and conditions of this IFB and specifications remain
unchanged.
Approved by
By the signatures affixed below, Addendum No. 1 hereby incorporated into
and made a part of the above referenced IFB.
ACKNOWLEDGE
(J tiNPSQr ape Si
Vendor u # (ji th/ Vic.
Au zed Signature
5-13-- 3
Date
RETURN ONE COPY OF THIS ADDENDUM TO THE PURCH G OFFICE, CITY OF
ROUND ROCK WITH YOUR SEALED BID. FAILURE TO DO SO MAY CONSTITUTE
GROUNDS FOR REJECTION OF YOUR BID.
CRY OF ROUND ROCK 221 East Main Street Round Rock. Texas 78664
Phone 512.218.50o • faX 514.t16.7028• www.ci round- rock.lx.us
liJ 001; r,:
.Po.
ITEM O
... ."
CLASS II ITEM DESCRIPTION QTY
91009
tea,«
UNIT
_. . ..........
MAKE /MODEL
...
UNIT
PRICE
..
EXTENSION
1
This is to establish a twelve -month Agreement for a vendor to purchase
bulk mulch from the City with the option to extend four additional
twelve -month periods, in accordance with
Specification No. 03- 910 -09, dated 4-03 attached (7 pgs)
SITE VISIT: May 6, 2003 TIME: 2:00 PM
LOCATION: Recycle Center, 301 Deepwoods Dr.
CONTACT: Emsud @ (512) 341-3350
Bulk Mulch (minimum quantity 15,000 cy per year)
References: !' �r, J f
Nam. Of 1""UXt01 f - - 0 (- , 1 4 - Ph0ne5 x
a
1 j r
!../thi
ADDRESS _t r " r _ • I
a �/
c-jd
GRAND TOTAL:
Nam: AL F a i r e- Phone7a- 37 — &Wel
f 1
Q3 l_I ' -1'15 I
Nam DC £ nnl or Phone !g Lf/
BUSINESS ENTITY TYPE A p `
SEE 1.8 ON BACK FOR INSTRUCTIONS
=CM gE%11031117M
e.
r - d _ i
0141W 171 ' 7J�i � '
1 &
1 j r
!../thi
ADDRESS _t r " r _ • I
V
TELEPHONE O.: .057......./ling /
BUSINESS ENTITY TYPE A p `
BIDS ARE DUE TO THE PURCHASING OFFICE
AT THE ABOVE ADDRESS BEFORE BID
OPENING TIME.
INVOICE TO:
City of Round Rock
Finance Department
221 East Main Street
Round Rock, Texas 78864 -5299
BID F.O.B. DESTINATION. FREIGHT PREPAID AND
ALLOWED UNLESS OTHERWISE SPECIFIED BELOW
DESTINATION:
City of Round Rock
Recycle Center
301 Deepwoods Chive
Round Rock, TX 78664
INVITATION FOR BID (IFB)
CITY OF ROUND ROCK PURCHASING OFFICE
221 E. Main Street
Round Rock, Texas 78664.5299
FACIMILE RESPONSES
SHALL NOT BE ACCEPTED
SNOW BID OPENING DATE
BID NUMBER IN LOWER LEFT
MAD CORNER OF ED BID
ENVELOPE 1 SNOW R
ADDRESS OF BIDDING FIRM.
Bidder agrees to comply with all condi0ons set forth below and on the reverse side of chi
DELIVERY IN '_] DAYS
SALE OF BULK MULCH
4/25/2003
1 oft
BIDDING INFORMATION:
BID NUMBER: 03
OPENING DATE: 5/13/2003 AT 3:00 P.M_
BID LOCATION: 221 E. Main Street, 1st floor
Council Chambers, Round Rock, T5 78664
RETURN SIGNED ORIGINAL AND ONE COPY OF BID
bid
AuthoSoVSSIIftete / F Date
/ rr • . hAP/ �, / "l 412.7; Pr,s.
PdntName
"By the signature hereon affixed, the bidder hereby certifies that neither the bidder nor the entity represented by the bidder. or anyone acting for such
entity has violated the antitrust laws of this Stale, codified in Section 15.01 et seq., Texas Business and Commerce Code, or the Federal antitrust
laws, nor communicated directly or indirectly, the bid made to any competitor or any other person engaged in such line of business"
r
Mayor
NVIe Maxwell
Mayor Pro-tam
Tom Nielson
Council Members
Man McGraw
Cartes Pon
Seat Knight
Isabel GaIIahan
Gary Coe
City Manager
pm Nose
City Attorney
Stephan L. Steels
'ROUND ROCK, TEXAS
INVITATION FOR BID ADDENDUM
PURCHASING OFFICE
CITY OF ROUND ROCK, TEXAS
IFB No. 03 -0010 Addendum No. 1 Date of Addendum: May 7, 2003
The following items in the IFB identified above have been changed:
Paragraph 5.3 of Part III, Specification has been changed to read:
The Contractor shall purchase and haul the surplus mulch that has
accumulated at the site (10,000CY) within three months after the contract
commencement.
All other terms and conditions of this IFB and specifications remain
unchanged.
Approved by
By the signatures affixed below. Addendum No. 1 is hereby incorporated into
and made a part of the above referenced IFB
ACKNOWLEDGED
eecy 6-Q.3
Vendor Authorized Signature Date
RETURN ONE COPY OF THIS ADDENDUM TO THE PURCHASING OFFICE, CITY OF
ROUND ROCK WITH YOUR SEALED 81D. FAILURE TO DO SO MAY CONSTITUTE
GROUNDS FOR REJECTION OF YOUR BID.
Cm' OF ROUND ROCK us East Hain Ssrccs • Round Rock Texas 78664
Phons:; 51z.:18.54w • Fax. 512.28.7oz8• www,ci.round.ruck.u.us
ITEM
e reverse aide
CLASS 6ITEM DESCRIPTION
91009 OTY
o! this
UNIT
IFB.
MAKEIMODEL
UNrr
PRICE
EXTENSION
This is to estebish a lwMve•month Agreement for a vendor to purchase
bulk mulch from the City with the option to extend four additional
twelve -month periods, in accordance with
Specification 140. 03-910-09, dated 4-03 attached (7 pgs)
SITE VISIT: May 6.2003 TIME: 2:00 PM
LOCATION: Recycle Center, 301 Deepwoods Dr.
CONTACT: Emsud @ (512) 3413350
1
Bulk Mulch (minimum quantity 15,000 cy per year)
1
CY
-
a 7/ X50
References:
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N. 1;1 C/1r4ve ziRR(s hone 75/- F56
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NameMt i mckle0 i Phone a I$- s5'o — C �
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Name e . YVtYAO{FS Phone 38 -5o5 `44e,1>
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GRAND TOTALIOi
4, T SD cW it -
BIDS ARE DUE TO THE PURCHASING OFFICE
AT THE ABOVE ADDRESS BEFORE BID
OPENING TIME.
INVOICE TO
City of Round Rock
Finance Department
221 East Maln Street
Round Rock, Texas 78884 -5299
BID F.O.B. DESTINATION. FREIGHT PREPAID AND
ALLOWED UNLESS OTHERWISE SPECIFIED BELOW
DESTINATION:
City of Round Rock
Recycle Center
301 Deepwoods Drive
Round Rock, TX 78884
INVITATION FOR BID (IFB)
CITY OF ROUND ROCK PURCHASING OFFICE
221 E. Main Street
Round Rock, Texas 78664 -5299
FACIMILE RESPONSES .
SWILL NOT BE ACCEPTED
SNOW MO OPENMG DATE
00 NUMBER IN LOME LEFT
LIMBO 00019. 00 SEALED NO
ENVELOPE 1 MOW RETURN
ADDRESS OF EWINGFMSI
Whorled Signature
SALE OF BULK MULCH
4/25/2003
1of1
BIDDING INFORMATION:
BID NUMBER: 03 -010
OPENING DATE: 5/13/2003 AT 3:00 P.M.
BID LOCATION: 221 E. Main Street. 1st floor
Council Chambers. Round Rock. TX 78884
RETURN SIGNED ORIGINAL AND ONE COPY OF BID
BIDDER SHAH SIIlHF IOW
Failure to sign bid wal . goalxy bM
SEE 1.6 ON BACK FOR INSTRUCTIONS:
TAX ID 0 2 7 3
LEGAL BUSINESS NAME: W exe k•I sesr A_ a LL T .no S,.,.: CS
L
ADDRESS: 53 S. t H - NS George { a.+nl l (y. - 7861.1. rr
ADDRESS: i
CONTACT: ' TY i [
TELEPHONE. 12. - D- Z.3 ..._..
BUSINESS ENTITY TYPE: Coq red—A, N – CS t L q.1 scaPr Sa a rr s
Bidder agrees to compy w tth all conditions set forth below and on lh
DELIVERY IN DAYS
"By the s gnature hereon affixed, the bidder hereby certifies that neither the bidder nor Me entity represented by the bidder, or anyone acting for such
entity has violated the antitrust laws of this State, codified in Section 15.01 et seq., Texas Business and Commerce Code, or the Federal anbtrust
laws, no communicated directly or Indirectly, the bid made to any competitor or any other person engaged in such line of business."
Mayor
Ny Maxwell
May Pro - rem
iom Nielson
Council Members
An McGraw
Carrie PI l
$ml Kn gIII
label Callahan
Gary Coe
City Manager
Jim Nuse
City Attorney
Stepha 1 Shetls
ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY.
INVITATION FOR BID ADDENDUM
PURCHASING OFFICE
CITY OF ROUND ROCK, TEXAS
IFB No, 03 -0010 Addendum No. 1 Date of Addendum: Mav 7. 2003
The following items in the IFB identified above have been changed:
Paragraph 5.3 of Part III, Specification has been changed to read:
The Contractor shall purchase and haul the surplus mulch that has
accumulated at the site (10,000CY) within three months after the contract
commencement.
A!I other terms and conditions of this IFB and specifications remain
unchanged.
Approved by
By the signatures affixed below, Addendum No. 1 is hereby incorporated into
and made a part of the above referenced IFB.
ifrerbs14'lerf,qe4e, 6953
ACKNOWLEDGED 7/ Z //
Vendor Authorized Signature Dote
RETURN ONE COPY OF THIS ADDENDUM TO THE PURCHASING OFFICE, CITY OF
ROUND ROCK WITH YOUR SEALED BID, FAILURE TO DO SO MAY CONSTITUTE
GROUNDS FOR REJECTION OF YOUR BID.
CITY OF ROUND ROCK Ebi E£51 Flo!n Street • Round Rock. Texas 7R664
Phone. Sli 200.5,1GO • Fax 512.20:1 7001 WWW.Ci.rouad- rock.
DATE: June 10, 2003
SUBJECT: City Council Meeting - June 26, 2003
ITEM: 11.G.1.
Resource:
History:
Funding:
Cost:
Source of Fund N/A
Outside
Resources:
Impact /Benefit:
Public
Comment:
Consider a resolution authorizing the Mayor to
execute an agreement with Whittlesey Landscape
Supply and Recycling, Inc. for the sale of bulk
mulch from the City Brush Recycling Center.
Sharon Prete, Parks and Recreation Director
Emsud Horozovic, Forestry Manager
City of Round Rock Parks and Recreation Department, Urban
Forestry Division has been operating the Brush Recycling Center
since October 2000. After we mulch the parks and give mulch to our
residents, we have thousands of cubic yards of left over. Sale of
mulch would further offset the cost of operating this facility. Our
research indicates an opportunity for the City to sell mulch wholesale
to help off set our operating budget.
N/A
N/A
N/A
Sponsor: Parks and Recreation Department
•
This will help offset operational costs at the Brush Recycling Center
and streamline the hauling off of mulch in a timely manner also
stockpiled mulch is a fire hazard and we want to minimize our risk.