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R-99-10-14-13F2 - 10/14/1999RESOLUTION NO. R- 99- 10- 14 -13F2 WHEREAS, the City of Round Rock has duly advertised for bids for brush recycling services, 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 Wbod Recycling, Inc. for brush recycling services, 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 14th day of October, 1999. City Secretary R�: RT A. STLUKA, P�, Mayor City of Round Rock, Texas THE CITY OF ROUND ROCK PUBLIC WORKS DEPARTMENT 2008 Enterprise Dr. Round Rock, Texas. 78664 (512) 218 -5555 BID TABULATION BIDS EXTENDED AND CHECKED BY : Todd Keltgen DATE : 8/17/99 SHEET lofl C ONTRACT : Brush Recycling Bid Number : 25 -99 -0001 LOCATION : City Hall DATE: 8/17/99 @ 3:00 p.m. ITEM 1. Charge for City owned site - utility customer 2. Charge for City owned site -non residents 3. Charge per load to City owned site 4. Charge bidder's site utility customer 5. Charge bidder's site non - resident/commercial 6. Charge bidder's site by City 7. Charge load brought to bidder's site UNIT cy cy cy cy cy cy cy APPROX QTY. 1 1 1 1 1 1 Austin Wood Recycling UNIT PRICE COST $5.25 $5.75 $11.50 $4.00 $5.25 $4.00 $11.50 UNIT PRICE COST UNIT PRICE COST brush recycling bidtab.xls /tk/Ik ITEM 1 CLASS 6 REM DESCRIPTION 92677 QTY UNIT MAKE/MODEL UNIT PRICE EXTENSION THIS IS A MULTIPLE YEAR CONTRACT FOR SERVICES TO PROVIDE BRUSH RECYCUNG SERVICES AT THE CITY'S RECYCLING CENTER IN ACCORANCE WITH SPECIFICATION NO. 25. 99-0001, REVISED JULY 1999. FEES COLLECTED FOR BRUSH PROCESSING SHALL BE AT THE LOWEST COST POSSIBLE TO THE RESIDENTS OF THE CITY I CHARGED SERVICE FOR RECEIVING. RECORDING AND 1 CY PROCESSING BRUSH BROUGHT TO CITY OWNED SITE BY UTILITY PAYING RESIDENTS 2 CHARGED SERVICE FOR RECEIVING, RECORDING AND 1 CY -' PROCESSING BRUSH BROUGHT TO CITY OWNED SITE BY NON - RESIDENTS AND COMMERCIAL - 3 MINIMUM CHARGE PER LOAD BROUGHT TO CITY OWNED SITE 1 CY 4 CHARGED SERVICE FOR RECYCUNG BRUSH BROUGHT TO 1 CY BIDDER OWNED FACIUTY BY UTILITY PAVING RESIDENT 5 CHARGED SERVICE FOR RECYCUNG BRUSH BROUGHT TO 1 CY BIDDER OWNED FACILITY BY NON- RESIDENT/COMMERCIAL 6 CHARGED SERVICE FOR RECYCLING BRUSH BROUGHT TO 1 CY BIDDER OWNED FACILITY BY THE CRY 7 MINIMUM CHARGE PER LOAD BROUGHT TO BIDDER OWNED 1 CY FACIUTY BIOS ARE DUE TO THE PURCHASING OFFICE AT THE ABOVE ADDRESS BEFORE BID OPENING TIME. INVOICE T0: 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 78864 INVITATION,FOR Big IIFBI CITY OF ROUND ROCK PURCHASING OFFICE 221 E. Mein Street Round Rock. Texas 78664 -5299 FACI.ILE RESPONSES SHALL NOT BE ACCEPTED SHOW ao 0 1 0055 • ae MAIM N LOWEn UM NANO COMM off a5515e NO •waoSE • raaW MOM AOMES105 MONO 160. Bidder agrees to comply with all Con ditions BIDDING INFORMATION: BID NUMBER RE -BID 25 -99 -0001 OPENING GATE: B/17/99 at 3:00 P.M. BID LOCATION: 221 E. Mein Street, 1st Floor Council Chambers, Round Rock, TX 76664 RETURN SIGNED ORIGINAL AND ONE COPY OF 010 Print Name Nava &HALL siSN BELOW Fake. to .Ign bM 1001 diepyily bid AuI•nzed Signature DEUVERY IN DAYS 'By the signature hereon &fixed, the bidder hereby cer6lle• that neither the bidder nor the entity represented by the bidder. 01 anyone acting for such entity has ua4ted the antitrust laws of des State. codified in Section 15.01 et see., Texas Business and Commerce Code. or the Federal antitrust laws, nor communicated directly or ext ecdy, the bid made to any competitor or any other person engaged in such line o1 hominess." AUGUST 2, 1899 BRUSH RECYCLING 1 0F 1 Date SEE 1.6 ON BACK FOR INSTRUCTIONS: TAX ID NO.: LEGAL BUSINESS NAME: ADDRESS: ADDRESS: CONTACT: TELEPHONE NO.: BUSINESS ENTITY TYPE: ITEMS BELOW APPLY TO AND BECOME A PART OF TERMS AND CONDITIONS OF BID ANY EXCEPTIONS THERETO MUST BE IN WRITING 1.. BIDDING REQUIREMENTS: 1.1 Biding requ juicing per unit shoran and extension;. If trade discount is shown on bid, it should be deducted and net line extensions shown. Bidders guarantees product offered will meet or exceed spedfs:sdms identified in die Invitation For Bid (198). 12 Bids shodd be submitted on This form, Ea. bid shall be pacer in a separate envelope completely and properly identified. See in the office of me City Purchasing Agent before the hour and date instructions on reverse side, Bids mat be 1.3 Late bid will propedy identified l be retuned b unopened. bidder Speeded on toe reverse side d this IFB. 1.4 Bid F.O.B. 40000ad.. freight. prepaid, & adored unless otherwise p bids WI not IFB. Bernd. Bid unit price on quantity and unit of measure specified. exend and s ow total, b case d enos extension, unit to ices shall increase we net be considered. Prices sllal 0ovsm. Bids subject b driveled price 1.6 Bid paces shall be firm for acceptance 30 days from bid opening dale. • Discount horn Lief bids are net acceptance unbar requested. Cash discount vW not be considered in determining the low bid. Al cash discounts offered we be taken it earned. 1r 1.7 Bids shall give Tax Identification Number. full name and address of bidder. Faure to sign MI dsquagy bid. Person signing bid shall show little and authority to bind signatories firm N a contract. Firm name should appear on each page in the bock provided in the upper right comer. Business Eddy sty be one (1) of the followi Individual, Partnership, Sob Propietorship. Estate/Dust. Corporation, Government.. Non - profit. al others shall speared. be speed. INDIVIDUAL: Lis name and member as shoran on Social Sectelty Crud. SOLE PROPRIETORSHIP: List legal know. by legal business name and Social Security Number. AU. OTHERS; LSI legal name of entry and Tax Identification /amber Ms). nam know. l.6 Bid cannot be altered or amended after opening Arne. My Alterations made before opening time shall be initialed by bidder or an authorized agent. No till on be withdrawn alter opening time wilhod approver of the CITY based on a written acceptable reason. 1.9 The Ciry is exempt from State Sales Tax and Federal Excise Tax. Do not include tax in bid. 1.10 m th The City reserves e right b accept or reject al or any part of bid. waive minor ted,riofties and aaard the lid b best serve the interacts of the City. SPA awards may be made at the sole leeedon el the City, 1.11 Consistent and continued tie 1004 coed Ouse rejection of bids by ibe Gal and/or I 1.12 Telephone bids and fasinie bids are e n =capable in response Investigation for antibuct violations. 1.13 CAUTION: Bid invitation scow sufficient time for receipt of the premed mad rest City o otherwise ran- responsive parse. This N shat not be responsible for bills received Ire, iepibla, ihcornpteta, or 2. SPECIFICATION: 21 My catalog. brand nano or manufacture's reference used in 190 is descriptive on nature and dra ty we be considered unless advertised under provisions Ill (col 22 of and a used c i G ob type and Welty desk.. other r then Bets d brands of its offered, illustrations and compete =malodors of pro re q u s te S bm 252.022 . S p d 01 Tens Local d Government Cade. t Sher lben brand(s) r r eri6M e data in bid, bidder wll be required b furnish brand names offered a s p e to in made a purl S the hid. d bidder takes no e�eptions to specifications o reference a IFB. 2.2 Afi items bid shall be new, in fi dare lira cla nonillion. inducing contains suitable for shipment contrary will net be recognized. and storage, unless otherwise indicated in IFB. Vernal agreements to the 2.3 Samples, when requested, must be furnished feed expense to the City. If not destroyed in examination, they will be returned to the ldder, on request, at bidder expense. Each example should be marked with bidders' name and address, City bid number and code. Do not enclose in or attach to hid. 2.4 The City will net bound by any oral datemenl a representation contrary to the written sped ications of this IFB. 2.5 Manufacturer's standard warranty snap apply unless otherwise stated in the IFB. 3. TIE BIDS, Incase of tie bids, the award well be made in accordance wen Section 271.901 of the Texas Local Government Code. 4. DELIVERY: 4.1 Bid Should show number d days required b place materiel in City. designated location under normal condibors. Failure to stale delver lime obfgates bidder b deWery fourteen (14) calendar days. Unrea.stia4y short or long deevery promises may cause bid to be disregarded. Consistent facture 1 me et complete without veld reason may cause removal h an am bid list. (S 42 fobbing.) deWery promisor 4.2 If delay is foreseen, contractor shad give written notice to the City. The advised al all Ones d status S order. Default in v hap the right to extend delivery date s reactors n err 4z raid Contractor must bop the Cry elsewhere and charge full increase, if a and handling delivery default. m y reasons) or (allure to crest epecifeations, adhodzes the Cly to purchase supplies 4.3 No substitutions 0 nelatiors permitted m' in col and hanafi to l o f the 4.4 Oelvery sha4 be made dui normal without writ. approval of the City. n9 working hours only, unless prier approval for late deWery has been obtained from the City. unless otherwise specified in the IFB. 5. INSPECTION AND TESTS: Al goods 0011 he subject to Inspection and teal by the City to the extent practicable at a1 tines and places. Authorized City personnel shall have access to any suppie,S place of bus0nms for the purpose d i regular shipments. If the products tested fad to meet v exceed merchandise. requirements Tans may be p Scatio an se 0001 w s a used the till he on t of samples tee ing from which have been clammed and o i n pet nis d the Cilys option. Ins .. a 10 the Vander dead and the oral of the tat Vendor's doeh. be berme by the suppler. Goode risk and expense. Late. defects may maul in revocation of acceptance, N whole v in pct may. at Ore Citys option. be reamed b One Vrhdor v held for deposition at Vendors 5. AWARD OF CONTRACT: A reaprree to . IFS 0s offer to arched with the Crly based upon IM Lerms, ...ens and apathetic. =Seined in the IFB Bids do no become centimes un es and we they are accepted the mug designees and a purchase order's es... The canal shell be the Charter d the Cly and the bee d State of Tens. Al contracts re subject 10 the approval d the Ciy Gourd. •and interpreted order 7, PAYMENT: Vendor shat submit three (3) copies of an invoice showing the purchase order number on al copies. 1. PATENTS AND COPYRIGHTS: The contractor agrees to protect the City from darns involving infringements of patents or copyrights. 3. VENDOR ASSIGHNMENTS: Vendor hereby assigns to purchaser any and al claims for overcharges associated v61h this contract, which see under the antitrust lams S the Stale of Texas. Tx, Bus. And Comm. Code Mn. Sec. 15.01, el seq. (1987). 0. BIDDER AFFIRMATION: 10.1 Signing this bid with a false statement is a'inate ial treath of contract and snal void the submitted kid or any resetting contracts. and the bidder shall be removed from al bid lets. By Signalise broom attired, the bidder Panty certifies that 10.2 The bidder has net given, oBeted b give, nor Wends to give any Pre hereafter my a onirne opportunity, future service b a pubic servant it ce nec(On with the submitted bb. employment. gift. ban, gratuity. sprzial favor, discount. tip, lar, 10.3 The bidder is rot deer ly delinquent in the payment el any dent mad the ply. 10.4 Neither the bidder nor the 01M, Corporation. pains ip, or any entity regimented by the bidder, or anyone a=Ong fa such fai corporation, or entity has violated the antitrust laws of this Stab coddled in Section 15,01 et. Seq, Texas Business and Commerdal Code, or the Federal Antitrust Lava, nor comammioted directly or 0ndmsctly the bid made to any competitor. err 210y ether person engaged in such fined business. 10.5 The bidder has not received compensation for participation in the preparation of the specification for tie IFB. 1. NOTE TO BIDDERS: Any lams and conditions attached to bid w1 not be considered unless the bidder spednoly references them on the front &this bid form. WARNING: Such Isms and condedons may reset in dequaln9ngtion of the bid (eg. bids with the laws of a stele other than Tastes requirements for prepayment. Lkrritations on reme4s, etc.) The City of Round Rock can only accept bids which contain el the lens and conditions of its format IFB; in particular. at bidders affirmations and orIGetions must be included. Submission of kids on farm other than City bid form may rout in disqualification of your kid. 2. INQUIRES: Inquires pertaining to bid invitations must give kid number. codes. and opening due. CITY OF ROUND ROCK BRUSH RECYCLING SPECIFICATION NO. .25 -99 -0001 Revised: July 1999 Page 1 of 9 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. 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. PART 1 GENERAL TERMS AND CONDITIONS 1. The Contractor shall provide all labor and equipment necessary to perform the service. The Contractor shall comply with all requirements set forth by the United States Department of Labor. In addition all employees of the Contractor shall be experienced in the type of work to be performed. Supersedes Specification No. 25- 99-0001, dated March 1999 SPECIFICATION NO. 25 -99 -0001 Revised: July 1999 Page 2 of 9 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. 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 SPECIFICATION NO. 25 -99 -0001 Revised: July 1999 Page 3 of 9 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 lints: 8.4.1. Minimum Bodily Injury Limits of 5300,000.00 per occurrence. 8.4.2. Property Damage Insurance with minimum limits of 550,000.00 for each occurrence. 8.4.3. Automobile Liability Insurance for all owned, non-owned, and hired vehicles with minimum limits for Bodily Injury of 5100,000.00 each person, and 5300,000.00 for each occurrence, and Property 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 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 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 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, (asphe 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, 8.6.8. 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 SPECIFICATION NO 25 -99 -0001 Revised: July 1999 Page 4 of 9 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. 8.6.1. 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. 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 -4, 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 - 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 SPECIFICATION NO. 25 -99 -0001 Revised: July 1999 Page 5 of 9 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 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 coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44) fofall 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; SPECIFICATION NO. 25- 99-0001 Revised: July 1999 Page 6 of 9 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 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. f 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. PART II SPECIFICATIONS SPECIFICATION NO. 25 -99 -0001 Revised: July 1999 Page 7 of 9 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 and/or a location operated by the bidder. 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(Deepwood Recycle Center): 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. 6. BIDDER OUALIFICATIONS: 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 retains the right to approve or disapprove all subcontractors prior to any work being performed. 6.4 Identify the location(s) of recycling operations. SPECIFICATION NO. 25 -99 -0001 Revised: July 1999 Page 8 of 9 6.5 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. 7. 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. 8. SERVICE RESPONSIBILITIES: 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 :: 8.1. 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. 8.2. Staff the site with as many employees as is necessary to effectively receive, record, mulch and/or dispose of brush. 8.3. 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. 8.4. Assess and accept fees for receiving brush as identified on the bid. 8.5. 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. 8.6. The Contractor agrees to notify the City's contract administrator of any personnel changes within two days of change. 8.7. 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. 8.8. Take all steps necessary to ensure all areas at the brush recycling site remain in a neat and litter - free condition. 8.9. 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. 8.9.1. Amounts of brush deposited. 8.9.2. Amounts of brush having undergone a primary rough grind into mulch. 8.9.3. Amounts of stockpiled primary-grind mulch. 8.9.4. Amounts of mulch trucked out of the site. 8.9.5. Fees collected. Note this report shall be submitted monthly. 9. NO- CHARGE SERVICES: Contractor shall provide the following service at no charge: 1. TERM OF CONTRACT: PART III CONTRACT TERMS AND CONDITIONS SPECIFICATION NO. 25 -99 -0001 Revised: July 1999 Page 9 of 9 9.1. 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 Deepwood site by the City 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: 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. Proposed Brush Recycle Center Dated: January 22, 1999 DATE: October 8, 1999 SUBJECT: City Council Meeting — October 14, 1999 ITEM: 13.F.2. Consider a resolution authorizing the Mayor to execute a contract with Austin Wood Recycling for Brush Recycling Services. The service is for the mulching and disposal of the brush that the City and its residents produce. Staff Resource Person: Jim Nuse, Public Works Director.