Loading...
R-99-04-22-10D3 - 4/22/1999RESOLUTION NO, R- 99- 04- 22 -10D3 WHEREAS, the City of Round Rock has duly advertised for bids for mulching brush at the Deepwood facility, and WHEREAS, Austin Wood Recycling, Inc. has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of Austin Wood 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 a contract with Austin Wood Recycling, Inc. for mulching brush at the Deepwood facility, a copy of said contract being attached hereto 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, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 22nd day of April 99 ASST: E LAND, City Secretary WPD/scg CHARLES CULPEPP,Mayor 'City of Round Rock, Texas CITY OF ROUND ROCK ANNUAL SERVICE AGREEMENT FOR BRUSH RECYCLING RECITALS: ,'99 -o /4s -10b3 THIS AGREEMENT, is made and entered into this di of J 1999, by and between the City of Round Rock, a Texas home -rule municipal corporation, whose offices are located at 221 East Main Street, Round Rock, Texas 78664 -5299, herein after referred to as "City" and S & M Businesses doing business as Austin Wood Recycling, 3875 E. Whitestone Blvd., Leander, Texas 78641, hereinafter referred to as "Vendor ", and City and Vendor are collectively referred to as the "parties ". WHEREAS, the City desires to contract with Austin Wood Recycling to provide the City with collection, disposal and recycling of brush: and WHEREAS, the Invitation for Bid to provide the City with collection, disposal and recycling of brush was previously issued for said recycling services and the City has selected the Bid submitted by S & M Businesses; and WHEREAS, the parties hereby desire to enter into this Agreement to set forth, in writing, their respective rights, duties and obligations hereunder; NOW, THEREFORE, WITNESSETH, that for and in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, it is mutually agreed between the parties as follows: 1.0 CONTRACT DOCUMENTS AND EXHIBITS The City of Round Rock selected Austin Wood Recycling as the integrator of choice to supply collection, disposal, and recycling of brush as outlined in IFB Specification Number 25 -99 -0001, Revised March 1999 and Response to IFB submitted by Vendor (Exhibit A). The intent of these documents is to formulate an Agreement listing the responsibilities of both parties as outlined in the IFB and as offered by Vendor in their response to the IFB. The services that are the subject matter of this Agreement are further described in Exhibit A, and together with this Agreement comprise the Agreement, and they are fully a part of this Agreement as if herein repeated in full. 1 2.0 ITEMS AWARDED The following bid items of Exhibit A are the subject of this agreement: 2.1 Process and remove from site all existing loose brush. 2.2 Charged services for receiving, recording and processing brush from vehicle loads of more than 8 cubic yards brought to site by utility paying residents. 2.3 Charged service for receiving, recording and processing brush material brought to site by non - residents & commercial. 2.4 Charged services for receiving, recording and processing brush from the City in excess of 2,500 cubic yards per year. 3.0 COSTS The bid costs listed in Exhibit A shall be the basis of any charges collected by the Vendor. 4.0 PRICE ADJUSTMENT The City may permit increases in service fees beginning with the second (2"") year of the agreement. Any price increase shall be requested by the Vendor in writing and accompanied with documentation to justify the increase. Such increases to be effective must have City Council approval. Said increases shall not exceed ten percent (10 %) or the cost of living increase as measured by the Consumer Price Index (CPI). CPI referred to herein is the Consumer Price Index for Urban Wage Earners and Clerical Workers (All Items) for the Greater Austin Area. The increase measurement shall be the last published CPI prior to the beginning of the next contract year. In no event shall the increase exceed the lesser of the CPI or ten percent 10 %. The Vendor may offer price decreases at any time. The City reserves the sole option to reject any price increase and terminate this contract should the City and the Vendor not agree on any price increase. 5.0 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Vendor will be made within thirty (30) days of the day on which the City receives the supplies, materials, equipment, or within thirty (3) days of the day on which the performance of services was complete, or within thirty (30) days of the day on which the City receives a correct invoice for the supplies, materials, equipment, or services, whichever is later. Vendor may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in accordance with this prompt payment policy, however, this policy does not apply to payments made by the City in the event: 2 5.1 there is a bona fide dispute between the City and Vendor concerning the supplies, materials, or equipment delivered or the services performed that causes the payment to be late; or 5.2 the terms of a Federal contract, grant, regulation, or statute prevent the City from making a timely payment with Federal Funds; or 5.3 there is a bona fide dispute between Vendor and a subcontractor or between a subcontractor and its supplier concerning supplies, materials, or equipment delivered or the services performed which causes the payment to be late; or 5.4 the invoice is not mailed to the City in strict accordance with instructions, if any, on the purchase order, or this Agreement or other such contractual agreement. 6.0 DURATION OF AGREEMENT The term of this agreement shall be for a period of time of twelve (12) months from the date of award. Prices shall be firm for the first year of the agreement, except as provided for hereinabove . This agreement may be renewed for three (3) additional periods of time not to exceed twelve (12) months for each renewal provided the parties agree in writing. 7.0 TERMINATION OF THIS AGREEMENT The City may terminate this agreement for any reason by giving Vendor ten (10) days written notice. Upon delivery of such notice by the City to Vendor, the Vendor shall discontinue all services in connection with the performance of this agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such orders or contracts are chargeable to this agreement. Within thirty (30) days after receipt of notice of termination, the Vendor shall submit a statement, showing in detail the services satisfactorily performed under this agreement to the date of termination. The City will then pay the Vendor that portion of the prescribed charges. 8.0 ORDERS PLACED WITH ALTERNATE VENDORS If the Vendor cannot provide the services as specified, the City reserves the option to obtain equivalent services from another Vendor. 9.0 TAXES The City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be included in charges. 3 10.0 TITLE AND RISK OF LOSS The title to the property used by the Vendor shall not pass to the Vendor and risk of loss shall remain with the Vendor. 11.0 DELIVERY Delivery of the services shall be at City of Round Rock Deepwood Recycle Center 12.0 ASSIGNMENT Vendor's rights and duties awarded by this agreement may not be assigned to another without written consent of the city signed by the City's authorized agent. Such consent shall not relieve the assignor of the liability in the event of default by the assignee. 13.0 GRATUITIESBRIBES The City may, by written notice to Vendor, cancel this contract without liability to Vendor if it is determined by the City that gratuities or bribes in the form of entertainment, gifts, or otherwise, were offered or given by Vendor, or its agent or representative to any City officer, employee or elected representative with respect to the performance of this agreement. In addition, Vendor may be subject to penalties stated in Title 8 of the Texas Penal Code. 14.0 INVOICES An invoice shall be sent to the City for all charged services provided to the City and shall indicate: 14.1 Name and address of Vendor 14.2 Description of services. 14.3 Itemized prices, per unit and extended total, quantity and any special instructions. 15.0 ALTERNATE BRAND(S) If Vendor desires to substitute any services, the City may grant such request. The Vendor shall communicate such request in writing and shall receive written permission form the City before making such substitution 4 16.0 INDEMNIFICATION Vendor agrees to and shall indemnify, defend, and hold harmless the City, its officers, agents, and employees, from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, and attorney's fees for injury to any person, or for damages to any property, arising out of or in connection with any act or omission, negligence, willful misconduct in the performance of this Agreement done by Vendor, its officers, agents, employees, or subcontractors under this Agreement, without regard to whether such persons are under the direction of City agents or employees. 17.0 INSURANCE Vendor shall meet the requirements as stated in the attached specification 18.0 APPLICABLE LAW This agreement shall be governed by the laws of the State of Texas. No rights, remedies, and warranties available to the City under this agreement or by operation of law are waived or modified unless expressly waived or ,modified by the City in writing. 19.0 VENUE The parties agree that venue for any litigation arising from this agreement shall lie in Williamson County, Texas. 20.0 NON - APPROPRIATION This Contract is a commitment of the City's current revenues only. It is understood and agreed the City shall have the right to terminate this Contract at the end of any City fiscal year if the governing body of the City does not appropriate funds sufficient to purchase the estimated yearly quantities, as determined by the City's budget for the fiscal year in question. The City may effect such termination by giving Vendor a written notice of termination end of its then current fiscal year. 21.0 RIGHT TO ASSURANCE Whenever one party to this agreement in good faith has reason to question the other party's intent to perform, the questioning party may demand that the other party give written assurance of their intent to perform. In the event that a demand is made and no assurance is given within five (5) days, the demanding party may treat this failure as an anticipatory repudiation of the contract. 5 22.0 MULTIPLE COUNTERPARTS This agreement may be executed in multiple counterparts, any one of which shall be considered an original of this instrument, all of which, when taken together shall constitute one and the same instrument 23.0 NOTICES For the purposes of this Agreement, notices to the City shall be to: City Manager City of Round Rock 221 East Main Street Round Rock, Texas 78664 -5299 With a copy to: Stephan L. Sheets, City Attorney City of Round Rock 309 East Main Street Round Rock, Texas 78664 Notice to Vendor shall be to: Austin Wood Recycling 3875 E. Whitestone Blvd. Leander, Texas 78641 Notices will be effective upon delivery at the above addresses until the parties notify each other, in writing, of a change in address. 6 IN WI S WHE OF the parties to these presents have executed this Agreement on the day of� , 19 99 . CITY OF ROUND ROCK By By BY: CHARLES CUL E ER, Mayor Nam" 4 (/. , City of Round Rock Titl Attest: J i LAND, City Secretary of Round Rock 7 AUSTIN WOOD RECYCLING Attest: By: Name: Title: EXHIBIT A ITEM 9 CLASS a ITEM DESCRIPTION OTY UNIT MAKE/MODEL UNfr PRICE EXTENSION THIS IS A MULTIPLE YEAR CONTRACT FOR SERVICES TO PROVIDE BRUSH RECYCLING SERVICES AT THE CITY'S RECYCLING CENTER IN ACCORANCE WITH SPECIFICATION 110. 25- 99-0001. REVISED MARCH 1999. 1 PROCESS AND REMOVE FROM SITE ALL EXISTING LOOSE BRUSH. PRICE SHALL BE ONE TIME CHARGE. FEES COLLECTED FOR BRUSH PROCESSING SHALL BE AT THE LOWEST COST POSSIBLE TO THE RESIDENTS OF THE CITY. 2 CHARGER SERVICE FOR RECEIVING. RECORDING ANO PROCESSING BRUSH FROM VEHICLES LOADS OF MORE THAN $ CUBIC YARDS BROUGHT TO SITE BY UTILITY PAYING RESIDENT. 9 CHARGE PER CUBIC YARD 3 CHARGED SERVICE FOR RECEIVING, RECORDING AND PROCESSING BRUSH MATERIAL BROUGHT TO SITE BY NON - RESIDENTS as COMMERCIAL a CHARGE PER CUBIC YARD 4 CHARGED SERVICES FOR RECEIVING. RECORDING AND PROCESSING BRUSH FROM THE CITY IN EXCESS OF 2,500 CUBIC YARDS PER YEAR. $ CHARGE PER CUBIC YARD 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 78664 -5299 BID F.O.B. DESTINATION UNLESS OTHERWISE SPECIFIED BELOW DESTINATION: City of Round Rock Recycle Center 300 Deepwood Round Rock, TX 78664 INVITATION FOR 810 IIFB) CITY OF ROUND ROCK PURCHASING OFFICE 221 E. Main Street Round Rock. Texas 78664.5299 FACIMILE RESPONSES SHALL NOT BE ACCEPTED LOW MO OPLac WI e INS MOM N IDIOM LEFT MAO CONO1 OF WALED OD MELON a LOW WWI MOMS OF aacea ner. TELEPHONE NO.: BUSINESS ENTITY TYPE: ndhians set forth below and an the averse aide of his IFB. SEE 1.6 ON BACK FOR INSTRUCTIONS: TAX ID KM: 74' .e.re2 /G 09 LEGAL BUSINESS NAME yl- _ ADDRESS: .9 �lY� ADDRESS: e' 7 86 q, CONTACT: 'T . A U Lit flat - L' 30 DELIVERY IN DAYS - By me 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 ew4 of thin State. codified in Section 15.01 et seq.. Texas Business and Coaxna.ce Code, or the Federal antitrust laws, nor communicated directly or indirectly. the bid made to any competitor or any other person engaged in such lineal bualness.. MARCH 15. 1999 BRUSH RECYCLBIG 1 OF 1 BIDDING INFORMATION: BID NUMBER RE -BID 25-99-0001 OPENING DATE: 3130/99 at 2:00 P.M. BID LOCATION: 221 E. Main Street, 1st Floor Council Chambers, Round Rock, TX 78664 RETURN SIGNED ORIGINAL AND ONE COPY OF 91D Far 5pnature Date - V • a • Items Below Apply To And Become A Part Of Terms And Conditions Of Bid Any Exceptions Thereto Must Be In Writing 1. BIDDING REQUIREMENTS: t. t Bidding requires pricing per unit shown and extensions. I trade discount i0 shown on bid, it should be deducted and net line extensions shown. Bidder guaran- tees product offered wig meet Or exceed sPecifiCallons identified in Ihie IFB. 1.2 Bids srwuld be submitted on this form. Each bid shaft be placed in a separate envelope completely and property identified. See instructions on reverse side, Bids must be in the office of the City Purchasing Agent before the hour and date specified on the reverse side of this IFB. 1.3 Late bids properly identified will be returned to bidder unopened. Late bids will not be considered. 1.4 Quote F.O.B. destination. 11 otharwlsa, show exact cost to deliver. Bid unit price on quantity and unit of .measure specified, extend and show total. In rase Of errors in extension. unit prices shall govern. Bids subject to unlimited price increase will not be considered. 1.5 Bid prices shag be km for acceptance 30 days from bid opening date. "Discount from List" bids are not acceptable unless requested. Cash discount will net be considered in determining Ihs low bid. All cash discounts offered wig be taken if earned. 1.6 Bids shall give Tax Identification Number. fug name and address of bidder. Failure to elan bid wit disqualify bid. Person signing bid shaft slow title and am55lty to bind signaloriee firm In a Contract Firm name shoud appear On each page In the block provided in the upper right c Business Entity shall be oft (1) of the following: Individual, Partnership, Sole Proprietorship. Estate/Trust. Corporation. Governmental, Non-profit, all others shall be specified. INDIVIDUAL: List name and number as shown on Social Sourly Card. SOLE PROPRIETORSHIP: List legal naps followed by legal business name and Satial Senxrity Number. ALL OTHERS: List legal name of entity and Tax ldenbficadon Number (TIN). 1.7 Bid cannot be altered or amended attar opening time. My Alterations made before opening time shall be initialed by bidder or an authorized agent. No bid can be withdrawn after opening time without approval of the City based on a written acceptable reason. 1.8 Tie City a exempt from Slate Sales Tax and Federal Excee Tax. Do not include tax in bid. 1.9 The City reserves the right to accept or reject all or any part of std, waive minor technoaMas and award the bid o bast serve the Interests of the City, Split awards may be made at 1M sole discretion of the City. 1.10 Consistent and continued Ile bids could cause rejection Of bide by the City andlor investigation for antitrust violations. 1.11 Telephone bids and lacsimge bids ars not acceptable in response to this invitation for Bids. 1.12 CAUTION: Bid invitation Were sufficient rime for receipt of Oro deleted mail response. The City shell not be rssponsals for bids received late, ileg6N, incomplete, or otherwise non•responsivs. _ 2. SPECIFICATION: 2.1 My catalog. brand name or manufacturer's reference used b Invitation for Bids Is descriptive only (not roobIcdve), and is used to Indicate type and quality desired. Bids on brands of like nature and quality will be considered unless advertised under the provisions of Section 252.001 the Texas Local Government Code. If other than brand(s) specified is offered, illustrations and complete descriptions of product offered are requested to be made a part of the bid. I bidder takes no euaptions to specifications or reference data in his bid. bidder will be required to furnish brand names. numbers, etc., as specified i n the IFB. 2.2 All items bid shag be new, in first class condition, including containers suitable for shipment and storage. unless otherwise indicated In IFB. Verbal agreements to the contrary will not be recognized. 2.3 Samples. when requested, must be furnished free of expense 10 the City. It not destroyed in examination, they will be returned to the bidder, on request. a1 bidders expense. Each example should be marked with bidder's name and address. City bid number and code. Do not enclose in or attach to bid. 2.4 The City will not be bound by any oral statement of representation contrary to the written specification of this IFB. 2.5 Manufacturer's standard warranty shall apply unless otherwise staled in the IFB. 3. TIE BIDS: In case of tie bids, the award wall be made In accordance with Section 271.901 of the Texas Local Govemment Code. 4. DELIVERY: 4.1 Bid should show number of days required to pace material in Cfry's designated location undo normal conditions. Failure to stale delivery time obligates bidder to complete delivery in fourteen (14) calendar days. Unrealistically short err long delivery promises may cause bid to be disregarded. Consistent failure to meet delivery promises without valid reason may cause removal from bid list. (See 4.2 flowing.) 4.2 If delay is foreseen, contractor shall give wrigen notice to the City. The City sae the right to extend delivery dale if reasons appear valid. Contractor must keep the City advised at all times of status of order. Default in promised delivery (without acceptable reasons) or failure to meet specifications. authorizes the City to purchase supplies elsewhere and charge lull Mmea00. it any. in cost and handling to defaulting contractor. 4.3 No substitutions or cancellations permitted without written approval of the City. 4.4 Delivery 51.0 be made during normal working tours Only, unless prior approval lot tate delivery has been obtained from the City. unless otherwise specified in the 108. 5. INSPECTION AND TESTS: All goods will be subject to inspection and test by the Ciy to the extent practicable al 10 times and places. Authorized City personnel shall have access to any supplier's place of business tor the purpose of inspecting merchandise. Tests may be performed on samples submitted with the bid or on samples taken from regular shipments. If the products tested fall to meet or exceed all conditions and requirements of the specifications, the cost of the sample used and the cost of the testing shall be borne by the supplier. Goods which have been delivered and rejected in whole or In put may, at Me City's Option, be returned to the Vendor or held for disposition al Vendor's riser and expense. Latent defects may result o revocation of acceptance. 6. AWARD OF CONTRACT: A response to an IFB is an offer l0 contract with the City based upon the term, conditions, and specifications contained In the IFB. Bide do not become contracts unless and until they are accepted by the City through its designates and a purchase order is issued. The contract shall be governed, construed, and interpreted under the Chaney of the City and the laws of State of Texas. All contracts are subject to the approval 01 the City Council. 7. PAYMENT: Vendor shall submit three (3) copies al an invoice showing the purchase order number on all copies. a. PATENTS AND COPYRIGHTS: The contractor agrees to protect the City from claims involving infringements of patents or copyrights. 9. VENDOR ASSIGNMENTS: Vendor hereby assigns to purchaser any and all claims for overcharges associated with this contract which arise under the antitrust laws 01 the Slate of Texas Tx. Bus. and Comm. Code Ann. Sec. 15.01, at seq. (1967). 10. BIDDER AFFIRMATION: Signing this bid with a false statement is a material breach Of contract and shaft void the submitted bid of any remitting contracts, and the bidder shad be removed from all bid Zits. By signature hereon affixed. the bidder hereby unifies gat: 10.1 The bidder has not given. offered to give, nor intends to give any time hereafter any economic opportunity, tenure employment, gift, ban. gratuity, spacial discount. trip, lavor. or service to a public servant In connection with the submitted bid. 10.2 The bidder is not currently delinquent in the payment of any debt owed the City, 10.3 Neither the bidder nor the firm, corporation, partnership, Or any entity represented by the bidder. Or anyone acting for such firm, corporation, or entity has violated the antitrust laws 011his Sale codified in Section 15.01 el. seq., Texas Business and Commercial Code. or the Federal Mlitrust laws, nor communicated directly or indirectly the bid made to any competitor. or any other person engaged in such line of business. 10.4 The bidder has not received compensalon for participati0n in the preparation l the specification for this 108. 11. NOTE TO BIDDERS: Any terms and conditions attached to bid will nol be considered unless the bidder speCifca0y references them on the front of this bid form. WARNING: Such arms and conditions may result in disqualification of the bid (e.g., bids with the laws of a stare oiler than Texas. requirements or prepayment limitations on remedies, etc.). The Cry of Round Rock can only accept bids which contain all the Isms and conditions of its formlal IFB; In particular. all bidders affirmations and certifications must be included. Submission 01 bids on fonts other than City bid form may result in disqualification of your bid. 12. INQUIRIES: • Inquiries pe,aining to bid invitations must give bid number. codas, and opening date. AUSTIN -� WOOD RECYCLING 3875 E Whitestone Blvd. Leander, TX. 78641 PH: 512- 259 -7430 FAX: 512- 259 -6482 March 16, 1999 City of Round Rock Purchasing Office 221 E. Main Street Round Rock, TX 78664 -5299 RE: Brush Recycling Bid Number 25-99 -0001 Bid Date 03/30/99 Bid Time 2:00 p.m. In reference to the Brush Recycling Bid, Austin Wood Recycling proposes the following: fd1EBi BALD® PROGRAM 1. Grinding of fresh and old brush and haul off. The cost for this service will be $50.177.50. 2. City of Round Rock residents will be allowed to bring 8 cubic yards of brush, per year into the Deepwood site. Additional brush to be charged at $4.00 per cubic yard. 3. Non residents and contractors will be charged at the existing $5.00 per cubic yard rate. 4. The City of Round Rock will be allowed to bring up to 2,500 cubic yards of brush into the Deepwood site. Additional drops will be charged 54.00 per cubic yard. The City of Round Rock will receive up to 1,000 cubic yards of primary grind mulch material at no charge. !a /'. M• in, Vice e dent ood Recycling P posal ity of Round Rock - Deepwood Sincerely 03/23/99 19:72 'Q51z 215 5442 CITY ROUND KDCII M Chide Culpepper Mawr Peso Robert Stimin t6Yhns Rad 14 Hamm Rid Sawn earl Palmer Mmba C1mY4 JArany Imp* tame Rohm L Sammie Jr. City Money Suplar L Shwa CITY OF ROUND ROCK NB No. _ARID -99`0001 Addendum No. 1 Pate of Addendum: March 23. 1999 The Above InvitmonForBid (IFB) has bum changed to include the following Delete the requitement - processingbrwborsite'. At the bidder's option, IUor past of the blob collated at the City's recycling center may be processed into any sage of mulch of site. Nate. Bids moss identify bidder's choice of brash processing od or off st aad any difference it price fd any) mast also be meted. All other terms and conditions of this 1FB and specification remain unchanged AppMNed't By the signatures affixed below. Addendum No. 1 is hereby incorporated inn and monde a part of the above referena3lnvitation For Bid A CNO GE ender Fax 512-218-7097 INVITATION FOR HID ADDENDUM PURCHASING OFFICE CITY OF ROUND ROCK, TEXAS 1- 40.7352989 TOO 1.80C.73529® Voice e eacilourarockctm t®0n1J001 221 6a MLiu Street • Rand Rodi.Twn 78644• 512- 218 -5400 • RETURN ONE COPY OF THIS ADDENDUM TO THE PURCHASING OFFICE, CITY OF ROUND ROCK, PRIOR TO BID OPENING WITH YOUR SEALED BID: FAILURE TO DO SO MAY CONSTTTUE GROUNDS FOR BI:IECTION OF YOUR BID. CITY OF ROUND ROCK BRUSH RECYCLING PART I GENERAL TERMS AND CONDITIONS Page 1 of 9 SPECIFICATION NO. 25 -99 -0001 Revised: March 1999 1. PURPOSE: The City seeks to improve the collection, disposal, and recycling of brush within the City and to reduce the cost of services by contracting for recycling services. 2. HISTORY: The City currently offers brush recycling on a small scale to residents and non - residents, which includes monthly brush collection from residential and commercial sites. A portion of this brush collection is grinned into mulch and provided to City Departments and residents at no cost; however, the brush collection has become bigger than the recycling operation. The brush stockpile currently onsite to be recycled is estimated at 20,000 cubic yards. It is also estimated that the recycle center will receive an average of 700 cubic yard of brush per month. The City will continue the monthly brush collection and providing mulch to City Departments and residents. 3. DEFINITIONS: The following definitions will be used for identified terms throughout the specification and bid document: 3.1. Brush — shall include, but not limited to limbs, and other parts of trees, shrubs, bushes and similar vegetation, which have been cut, lopped, or broken. 3.2. Brush Processing — shall be defined as grinding brush into mulch. 3.3. City — Identifies the City of Round Rock, Williamson County, Texas. 3.4. Contract — A mutually binding legal document obligating the Contractor to furnish the goods, equipment or services. 3.5. Contractor — A person or business enterprise providing goods, equipment, labor and/or services to the City as fulfillment of obligations arising from a contract. 3.6. End Use — Shall be a recyclable, usable product at any stage of decomposition. The mulch product shall be used in any manner that is considered an appropriate recyclable use. 3.7. Resident — is an individual or entity paying for City utilities and living within the corporate boundaries of the City of Round Rock. 3.8. Subcontractor - Any person or business enterprise providing goods, equipment, labor, and/or services to a Contractor if such goods, equipment, labor, and/or services are procured or used in fulfillment of the Contractor's obligations arising from a contract with the City. 1. The Contractor shall provide all labor and equipment necessary to perform the service. All employees of the Contractor shall be no less than 17 years of age and experienced in the type of work to be performed. 2. The Contractor shall be responsible for damage to the City's equipment and/or property, the workplace and its contents by its work, negligence in work, its personnel and equipment. The Contractor shall be responsible and liable for the safety, injury and health of its working personnel while its employees are performing service work. Page 2 of 9 SPECIFICATION NO. 25 -99 -0001 Revised: March 1999 3. The City is committed to maintaining an alcohol and drug free workplace. Possession, use, or being under the influence of alcohol or controlled substances by Contractor, Contractor's employees, subcontractor(s) or subcontractor (s') employees while in the performance of the service is prohibited. Violation of this requirement shall constitute grounds for termination of the service. 4. ABANDONMENT OR DEFAULT: 4.1. A Contractor who abandons or defaults the work on the contract and causes the City to purchase the services elsewhere may be charge the difference in service cost, if any, and will not be considered in the re- advertisement of the service and may not be considered in future bids for the same type of work unless the scope of work is significantly changed. 4.2. The contract is void if sold or assigned to another service company without written approval of the City. Written notification of changes in, to include but not limited to, company name, address, or telephone number, should be provided to the City as soon as possible but not later than 30 days from date of change. 5. RIGHT TO AUDIT: The City has the right to audit the Contractor's books and records pertaining to the service during the hours of the normal workday. 6. COMPLIANCE WITH LAWS: The successful bidder shall comply with all federal, state, and local laws, 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. When requested, the Contractor shall furnish the City with satisfactory proof of its compliance. 7. INDEMNITY: Contractor shall indemnify, save harmless and defend the City, its officers, agents, servants, 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 contract and arising out of a willful or negligent act or omission of the Contractor, its officers, agents, servants and employees. 8. INSURANCE: The successful bidder shall procure and maintain, at its sole cost and expense, for the duration of the contract or purchase order 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 successful bidder, its agents, representatives, volunteers, employees or subcontractors. 8.1. Certificates of Insurance and endorsements shall be furnished to the City and approved by the City before work commences. 8.2. The following standard insurance policies shall be required: 8.2.1. General Liability Policy 8.2.2. Automobile Liability Policy 8.2.3. Worker's Compensation Policy 8.3. The following general requirements are applicable to all policies: 8.3.1. Only insurance companies licensed and admitted to do business in the State of Texas shall be accepted. 8.3.2. Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per occurrence basis for property damage only. 8.3.3. Claims made policies shall not be accepted, except for Professional Liability Insurance. 8.3.4. Upon request, certified copies of all insurance policies shall be furnished to the City 8.4. Policies shall include, but not limited to, the following minimum limits: 8.4.1. Minimum Bodily Injury Limits of $300,000.00 per occurrence. 8.4.1 Property Damage Insurance with minimum limits of $50,000.00 for each occurrence. 8.4.3. 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 Pwyerty Damage Minimum limits of 550,000.00 for each occurrence. 8.4.4. Statutory Worker's Compensation Insurance and minimum $100,000.00 Employers Liability Insurance. 8.4.5. Coverage shall be maintained for two years minimum after the termination of the Contract. Page 3 of 9 SPECIFICATION NO. 25 -99 -0001 Revised: March 1999 8.5. 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 terns, 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 accomplish such changes in policy 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. 8.6. 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: 8.6.1. Provide for an additional insurance endorsement clause declaring the Contractor's insurance as primary. 8.6.2. 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. 8.6.3. Provide thirty days notice to the City of cancellation, non - renewal, or material changes. 8.6.3.1. Remove all language on the certificate of insurance indicating: 8.6.3.1.1. That the insurance company or agent/broker shall endeavor to notify the City; and, 8.6.3.1.2. Failure to do so shall impose no obligation of liability of any kind upon the company, its agents, or representatives. SPECIFICATION NO. 25 -99 -0001 Revised: March 1999 8.6.4. Provide for notice to the City at the addresses listed below by registered mail. 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. 8.6.5. 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. 8.6.6. 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. 8.6.7. 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. 8.6.8. All notices shall be mailed to the City at the following addresses: Assistant City Manager City of Round Rock 221 East Main Street Round Rock, TX 78664 -5299 City Attorney City of Round Rock 309 East Main Street Round Rock, TX 78664 8.6.9. 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. 8.6.10. 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. 9. 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 Page 4 of 9 SPECIFICATION NO. 25 -99 -0001 Revised: March 1999 Persons . rovi . _ services on the . ro'ect `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, 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 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 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 not ice, 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 coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 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; Page 5 of 9 SPECIFICATION NO. 25 -99 -0001 Revised: March 1999 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 cunent 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 thru G), with the certificates of coverage to be provided to the person for whom they are providing services. By signing this contract, or providing, or causing to be provided a certificate of coverage, the Contractor is representing to the Owner that all employees of the Contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self- insured, with the Commission's Division of Self - Insurance Regulation_ Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 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. 10. LIENS: Contractor agrees to and shall indemnify and save harmless the City against any and all liens and encumbrances for all labor, good and services which may be provided under the City's request by Contractor or subcontractors and if the City requests, a proper release of all liens or satisfactory evidence of freedom from liens shall be delivered to the City. 11. VENUE: Both the City and the Contractor agree that performance of this contract shall be in Williamson County and venue for any litigation arising from this contract shall lie in Williamson County. 12. 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. Page 6 of 9 PART II SPECIFICATIONS SPECIFICATION NO. 25 -99 -0001 Revised: March 1999 1. SCOPE: This specification describes a service to receive, record and recycle loose brush material (brush) at the City of Round Rock's Deepwood Recycle Center. Contractor shall be responsible for the brush recycling operation including personnel, equipment, determine customers as residents or non - residents, access the amount of brush being received and accept fees and upkeep of the site. 2. INTENT: It is the intent of the City to establish a multiple year contract with a responsible bidder to provide brush collection, mulching and recycling services as specified. 3. WORK LOCATION /SITE: Attachment A is a map of the Deepwood Recycle Center and the site location for the brush recycling. 4. SITE VISIT: Each bidder shall make a site inspection of the center to fully acquaint themselves with the site conditions as they exist for full comprehension of the facilities, difficulties and/or restrictions attending the proposed work. 5. SITE RESRICTIONS: 5.1 Parking: Contractor shall have its employee's vehicles and company vehicles park in a designated area. This area will be determined at the beginning of any work. 5.2 City Facilities: The contractor shall not use the City's buildings or facilities to accomplish any work or to fulfill any contractual obligation. The City will supply a reasonable amount of water to the site for use by the Contractor. The location of this service will be determined by the City and Contractor to best facilitate the recycling center. 5.3 City Equipment: The contractor shall not use any City owned equipment for use in its operation. 5.4 Commercial Enterprise: The successful bidder shall not use the Deepwood Recycle Center for the purposes of an office for, general business operations, wholesale sales, or retail sales, except that end use mulch may be sold to buyers in loads of five and one -half (5 /x) cubic yards or more. 6. BIDDER QUALIFICATIONS: The opening of a bid will not be construed as the City's acceptance of such bidder as qualified and responsible. The City reserves the right to determine the lowest responsible bidder from information submitted with the bid. All bidders shall furnish the following information at a minimum: 6.1 An itemized list of the bidder's equipment available for use in performance of the contract. 6.2 References: Provide the name, address, telephone number and point of contract of at least three firms for which the bidder has preformed similar service within the past five years. References may be checked prior to award. Any negative responses received may result in disqualification of bid. 6.3 Identify any subcontractors to be used for this service. Experience, qualifications and references of the subcontractors shall be submitted. The City shall approve all subcontractors prior to any work being performed. Page 7 of 9 SPECIFICATION NO. 25 -99 -0001 Revised: March 1999 6.4 Plan of Operation: Provide with the bid a plan of operation which shall include equipment to be used, number of employees recommended for operation, days of operation and site layout. 1. 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 or place Contractor's equipment and a start date (not to exceed 35 days from effective date of contract) for which the Contractor shall have the site open for operation. NOTE: It shall be the responsible of the Contractor to familiarize its personnel with the site, site restrictions, and each job assignment. 2. SERVICE RESPONSIBIIdTIES: The Contractor shall provide personnel and equipment needed to maintain the recycling center to receive, record and process brush brought to the recycling center by residents, non - residents and the City. Services shall include, but not be limited to the following: 2.1. Phase I — The Contractor shall have a maximum of 90 days from date of contract effective date to recycle the existing 20,000 cubic yards (estimated) of brush from the site. The Contractor shall elect a method of removal that is most conducive to Contractor's operation and meeting the 90- day deadline. 2.2. Phase II — The Contractor shall provide the following services with its own workforce. It is the responsibility of the Contractor to ensure personnel are sufficiently trained to operate vehicles and equipment used for the services provided. 2.2.1. Staff the site with as many employees as is necessary to effectively receive, record, mulch and/or dispose of brush. 2.2.2. Hours of operation shall be 9 a.m. until 6 p.m. six days a week Monday through Saturday with the exception of City observed holidays. 2.2.3. Assess and accept fees for receiving brush as identified on the bid. 2.2.4. Assign a primary contact person to serve as a contact to both City staff and City residents for the duration of the contract and extension periods. 2.2.5. The Contractor agrees to notify the City's contract administrator of any personnel changes within two days of change. 2.2.6. Maintain all vehicles and equipment in proper operating condition. Vehicles and/or equipment with oil, hydraulic or other fluid or substance leaks, or vehicles and/or equipment that present an unhygienic or unsafe appearance will not be permitted on City property. Any environmental cleanup shall be at the expense of the Contractor. 2.2.7. Take all steps necessary to ensure all areas at the brush recycling site remain in a neat and litter -free condition. 2.2.8. Submit quarterly reports to the City that verifies proper performance of the contract. Reports shall include, but not be limited to the following information. Note: Contractor shall maintain all required reports and records. 2.2.8.1. Amounts of brush deposited. 2.2.8.2. Amounts of brush having undergone a primary rough grind into mulch. 2.2.8.3. Amounts of stockpiled primary-grind mulch. Page 8 of 9 2.2.8.4. Amounts of mulch trucked out of the site. 2.2.8.5. Fees collected. Note this report shall be submitted monthly. 3. NO- CHARGE SERVICES: Contractor shall provide the following service at no charge: SPECIFICATION NO. 25 -99 -0001 Revised: March 1999 3.1. City of Round Rock Residents: Each utility paying resident of the City of Round Rock shall be entitled, at no cost, to bring to the center eight (8) cubic yards of brush each calendar year. Each cubic yard over this allowed amount shall incur a per cubic yard fee at the then current rate per cubic yard. 3.2. 2,500 Cubic Yards: Receipt, recording and processing brush (processing being defined as grinding into last -stage decomposed mulch) in quantities of up to 2,500 cubic yards per year of the contract, if brought to the site by the City. 3.3. Citv's Mulch Stockpile: Contractor shall leave on site all mulch made from primary rough grind brought to and held in a separate stockpile by the City's brush crews. The City will maintain and own such mulch for use by and for its residents. Such mulch shall be held and stockpiled separate from other stockpiles at the site at no cost to the City. 3.4. 1.000 Cubic Yards: Provide to the City each year a maximum of 1,000 cubic yards of mulch processed from brush received, recorded and processed from residents and non - residents. The Contractor shall distribute this mulch to the City as requested (in various quantities not to exceed 1,000 cubic yards) throughout each twelve -month period for the duration of the contract. 1. TERM OF CONTRACT: PART III CONTRACT TERMS AND CONDITIONS 1.1 The contract shall be for twelve consecutive months commencing from the effective date an agreement is entered into by the City and the successful bidder. 1.2 The City reserves the right to extend ( with mutual agreement of the successful bidder) the contract for four (4) additional one (1) year periods time beginning at the end of the original and each succeeding period. 1.3 The City reserves the right, during any annual contract period, to cancel all or part of the contract: 1.3 For any reason with thirty (30) days written notice to the successful bidder. 1.4 If three (3) major complaints of substandard performance are received in the same month from the same building. The City retains the right to determine what constitutes a major complaint 2. CANCELLATION: Either party may cancel the contract, without penalty, by providing 30 days 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. 3. CONTRACT ADMINISTRATOR: All work performed under this contract will be supervised and verified by an individual designated by the Director of Public Works. Page 9 of 9 DATE: April 16, 1999 SUBJECT: City Council Meeting — April 22, 1999 ITEM: 10.D.3. Consider a resolution authorizing the Mayor to execute a contract with Austin Wood Recycling, Inc. for mulching brush at the Deepwood facility. The contract includes removing all brush from the site and providing brush drop off service for residents of Round Rock. Residents can bring up to 8 cubic yards per year at no cost. Staff Resource Person: Jim Nuse, Public Works Director. Mayor Charles Culpepper Mayor Pro-tem Robert Sllulra Council Members Earl M. Hairston Rick Stewart Earl Palmer Martha Chavez Jimmy Joseph City Manager Robert L. Bennett- Jr. City Attorney Stephan L. Sheets CITY OF ROUND ROCK May 6, 1999 Austin Wood Recycling, Inc. Attn: Jay T. Martin 3875 E. Whitestone Blvd. Leander, Texas 78641 Dear Mr. Martin: Sincerely, Enclosures Fax 512- 218 -7097 hAfteb Joanne Land Assistant City Manager/ City Secretary 1- 800 - 735- 2989TDD 1- 800 - 735.2988 Voice ww w. ci. round -rock tx, us 221 Fast Main Street Round Rock. Texas 78664 512 -218 -5700 The Round Rock City Council approved Resolution No. R- 99- 04- 22 -10D3 at their regularly scheduled meeting on April 22, 1999. This resolution approves the contract with Austin Wood Recycling, Inc. for mulching brush at the Deepwood facility. Enclosed is a copy of the resolution and original agreement. If you have any questions, please do not hesitate to contact Jim Nuse at 218 -5555.