CM-12-03-038ROUND ROCK, TEXAS Ci
PURPOSE. MON n
Item Caption:
P
l�'""" RECEIVED
CMI2003S FEB 2 2 2011
royal Form
Consider a resolution authorizing the Mayor to execute "Agreement for Purchase of Grounds
Maintenance Services" with Sun Terra Landscape Services
Approval Date: March 8, 2012
Department Name: Parks and Recreation Department
Staff Person making presentation w/ Title: Rick Atkins, Director of Parks and Recreation
Assigned Attorney: .1. Kay Gavle
Item Summary:
The additional impact of the Play for All Abilities Park, Main Street Plaza, Buck Egger Park Improvements and the Municipal Office
Complex Plaza requires additional resources to maintain current service levels. Staff identified the use of contracted services as
the most favorable to the City. The execution of this contract provides mowing services to 14 existing linear and neighborhood
parks, which is approximately 734 acres mowed annually. Providing for seasonal mowing at these parks allows staff to be
reallocated to the additional parks and facilities without the added head count and minimal equipment. The contract also
provides the City with the flexibility of quick or delayed cycles based on vegetation growth and climatic conditions.
The contractor was selected using the best value method led by the Purchasing Department. Bids were received from 13
responsible bidders.
No. of Originals Submitt
Project Name: Grounds Maintenance Sun Terra
Cost:
Source of Funds: General Fund
$41,663.20
Source of Funds (if applicable): General Fund
Account Number: 5283-100-23003
Finance Director Approval: Cheryl Delaney Date: 2/22/12
Department Director Approval:
Date: 2 _2z - iZ
**Electronic signature by the Director is acceptable. Please only submit ONE approval form per item. **
CIP a El Budget 0 Purchasing El 1=1 Accounting El
/
N/A OK N/A OK N/A OK a OK
ITEMS WILL NOT BE PLACED ON THE COUNCIL OR CM AGENDA W/OUT PRIOR FINANCE AND/OR LEGAL APPROVAL
REV. 6/20/11
CITY OF ROUND ROCK AGREEMENT FOR
PURCHASE OF GROUNDS MAINTENANCE SERVICES WITH
SUN TERRA LANDSCAPE SERVICES
THE STATE OF TEXAS
CITY OF ROUND ROCK
COUNTY OF WILLIAMSON
COUNTY OF TRAVIS
KNOW ALL BY THESE PRESENTS:
THIS AGREEMENT (referred to herein as the "Agreement"), is for grounds maintenance
services on certain of the City's properties comprising parkland and linkages, and is made by and
between the CITY OF ROUND ROCK, a Texas home -rule municipality, whose offices are located at 221
East Main Street, Round Rock, Texas 78664-5299 (referred to herein as the "City"), and SUN TERRA
LANDSCAPE SERVICES, whose corporate offices are located at 12819 Dessau Road, Austin, Texas
78754 (referred to herein as "Sun Terra" or the "Services Provider").
RECITALS:
WHEREAS, City has determined that there is a need for the delineated services; and
WHEREAS, City desires to contract for such services; and
WHEREAS, the parties 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:
1.01 EFFECTIVE DATE, TERM, ALLOWABLE RENEWALS, PRICES FIRM
This Agreement shall be effective on the date this Agreement has been signed by each party
hereto, and shall remain in full force and effect unless and until it expires by operation of the term
indicated herein, or is terminated or extended as provided herein.
The term of this Agreement shall be for five (5) consecutive twelve-month periods from the
effective date hereof. After that term, this Agreement may be renewed for two (2) successive twelve-
month periods, under the same terms and conditions, only upon the express written agreement of both
parties, and only provided the Services Provider has performed each and every contractual obligation
specified in this Agreement.
Prices shall be firm for the duration of this Agreement and for any renewal periods. No separate
line item charges shall be permitted for invoicing purposes, including but not limited to equipment rental,
demurrage, costs associated with obtaining permits, or any other extraneous charges. City may permit
price adjustments to the Cost Per Acre based on the US Bureau of Labor Statistics Landscaping and
Groundskeeping Workers Occupational Employment and Wages Index located at the following web
address: http://www.bls.gov/oes/current/oes373011.htm. Any price increase shall be requested by
Services Provider in writing and accompanied by the appropriate documentation to justify the requested
24296I/jkg
increase, and shall conform to allowable percentage changes and to all requirements delineated in IFB
Solicitation Number 12-001, Specification Number 988-36, dated October 2011, attached hereto as
Exhibit "A" and incorporated herein by reference for all appropriate purposes. Services Provider may
offer price decreases in excess of the allowable percentage changes.
City reserves the right to review the services at any time, and may elect to terminate with or
without cause or may elect to continue with the services.
2.01 CONTRACT AMOUNT; AND SCOPE OF WORK
Contract Amount. In consideration for the grounds maintenance services to be performed by Services
Provider, City agrees to pay Services Provider the following amounts per year of this Agreement:
For Project Areas Group #2
Cost per acre $40.00 x 308.28 acres for estimated 12 cycles for linear parks/linkages, per season
TOTAL: $12,331.20 per contract year
For Project Areas Group #3
Cost per acre $40.00 x 425.02 acres for estimated 18 cycles for neighborhood parks, per season
TOTAL: $17,000.80 per contract year
Scope of Work: For purposes of this Agreement, City has issued documents delineating the required
services (specifically IFB Solicitation Number 12-001, Specification Number 988-36, dated October
2011; Attachment A "City of Round Rock Insurance Requirements;" and "Grounds Maintenance
Services Project Areas Groups 1 — 3,"). Services Provider has issued its response agreeing to provide all
such required services in all specified particulars. All such referenced documents are included in Exhibit
"A" attached hereto and made a part hereof for all purposes. When taken together with the appended
exhibits, this Agreement shall evidence the entire understanding and agreement between the parties and
shall supersede any prior proposals, correspondence or discussions.
Services Provider shall satisfactorily provide all services described under the attached exhibits
within the contract term specified in Section 1.01. Services Provider's undertakings shall be limited to
performing services for City and/or advising City concerning those matters on which Services Provider
has been specifically engaged. Services Provider shall perform its services in accordance with this
Agreement, in accordance with the appended exhibits, in accordance with due care, and in accordance
with prevailing industry standards for comparable services.
3.01 PAYMENT FOR SERVICES; SUPPLEMENTAL AGREEMENTS
Payment for Services: In consideration for the grounds maintenance services to be performed
by Services Provider, City agrees to pay as delineated in Section 2.01.
Payment for Reimbursable Expenses: There shall be no payment for reimbursable expenses in
this Agreement.
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Not -to -Exceed Total: Unless subsequently changed by additional Supplemental Agreement to
this Agreement, duly authorized by appropriate City Council or City Manager action, Services Provider's
total compensation under this Agreement shall not exceed $29,332.00 per year of the Agreement. This
amount represents the absolute limit of City's liability to Services Provider hereunder unless same shall
be changed by additional Supplemental Agreement, and City shall pay, strictly within the confines of the
not -to -exceed sum recited herein, Services Provider's fees for work done on behalf of City.
Deductions: No deductions shall be made for Services Provider's compensation on account of
penalty, liquidated damages or other sums withheld from payments to Services Provider.
Additions: No additions shall be made to Services Provider's compensation based upon any
claims, whether paid by City or denied.
Supplemental Agreements: The terms of this Agreement may be modified by written
Supplemental Agreement hereto, duly authorized by City Council or City Manager action, if City
determines that there has been a significant change in (1) the scope, complexity, or character of the
services to be performed; or (2) the duration of the work. Any such Supplemental Agreement must be
executed by both parties within the period specified as the term of this Agreement. Services Provider
shall not perform any work or incur any additional costs prior to the execution, by both parties, of such
Supplemental Agreement. Services Provider shall make no claim for extra work done or materials
furnished unless and until there is full execution of any Supplemental Agreement, and City shall not be
responsible for actions by Services Provider nor for any costs incurred by Services Provider relating to
additional work not directly authorized by Supplemental Agreement.
4.01 TERMS OF PAYMENT
Invoices: To receive payment, Services Provider shall prepare and submit monthly detailed
invoices to City for services rendered. Each invoice for grounds maintenance services shall detail the
services performed, along with documentation for each service performed. All payments to Services
Provider shall be made on the basis of the invoices submitted by Services Provider and approved by City.
Such invoices shall conform to the schedule of services and costs in connection therewith.
Should additional backup material be requested by City, Services Provider shall comply
promptly. In this regard, should City determine it necessary, Services Provider shall make all records and
books relating to this Agreement available to City for inspection and auditing purposes.
If City has any dispute with work performed, then City shall notify Services Provider within
thirty (30) days after receipt of invoice. In the event of any dispute regarding the work performed, then
and in that event Services Provider shall either (a) satisfactorily re -perform the disputed services or (b)
provide City with an appropriate credit.
Payment of Invoices: City reserves the right to correct any error that may be discovered in any
invoice that may have been paid to Services Provider and to adjust same to meet the requirements of this
Agreement. Following approval of invoices, City shall endeavor to pay Services Provider promptly, but
no later than the time period required under the Texas Prompt Payment Act described in Section 8.01
herein. Under no circumstances shall Services Provider be entitled to receive interest on payments which
are late because of a good faith dispute between Services Provider and City or because of amounts which
City has a right to withhold under this Agreement or state law. City shall be responsible for any sales,
gross receipts or similar taxes applicable to the services, but not for taxes based upon Services Provider's
net income.
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Offsets: City may, at its option, offset any amounts due and payable under this Agreement
against any debt (including taxes) lawfully due to City from Services Provider, regardless of whether the
amount due arises pursuant to the terms of this Agreement or otherwise and regardless of whether or not
the debt due to City has been reduced to judgment by a court.
5.01 LIMITATION TO SCOPE OF WORK
Services Provider and City agree that the scope of services to be performed is generally
enumerated in the attached exhibits. Notwithstanding anything herein to the contrary, the parties agree
that City retains absolute discretion and authority for all funding decisions, such decisions to be based
solely on criteria accepted by City which may be influenced by but not be dependent on Services
Provider's work.
6.01 INTERLOCAL COOPERATIVE CONTRACTING / PURCHASING
Authority for local governments to contract with one another to perform certain governmental
functions and services, including but not limited to purchasing functions, is granted under Government
Code, Title 7, Chapter 791, Interlocal Cooperation Contracts, Subchapter B and Subchapter C, and Local
Government Code, Title 8, Chapter 271, Subchapter F, Section 271.101 and Section 271.102.
Other governmental entities within the State of Texas may be extended the opportunity to
purchase off of the City of Round Rock's bid, with the consent and agreement of the successful vendor(s)
and Round Rock. Such agreement shall be conclusively inferred for the vendor from lack of exception to
this clause in the vendor's response. However, all parties hereby expressly agree that the City of Round
Rock is not an agent of, partner to, or representative of those outside agencies or entities and that the City
of Round Rock is not obligated or liable for any action or debts that may arise out of such independently -
negotiated "piggyback" procurements.
7.01 NON -APPROPRIATION AND FISCAL FUNDING
This Agreement is a commitment of City's current revenues only. It is understood and agreed
that City shall have the right to terminate this Agreement at the end of any City fiscal year if the
governing body of City does, not appropriate funds sufficient to purchase the services as determined by
City's budget for the fiscal year in question. City may effect such termination by giving Services
Provider a written notice of termination at the end of its then -current fiscal year.
8.01 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be made
by City to Services Provider will be made within thirty (30) days of the date City receives goods under
this Agreement, the date the performance of the services under this Agreement are completed, or the date
City receives a correct invoice for the goods or services, whichever is later. Services Provider may
charge interest on an overdue payment at the "rate in effect" on September 1 of the fiscal year in which
the payment becomes overdue, in accordance with V.T.C.A., Texas Government Code, Section
2251.025(b). This Prompt Payment Policy does not apply to payments made by City in the event:
(1) There is a bona fide dispute between City and Services Provider, a contractor,
subcontractor, or supplier about the goods delivered or the service performed that cause the payment to
be late; or
(2) There is a bona fide dispute between Services Provider and a subcontractor or between a
subcontractor and its supplier about the goods delivered or the service performed that causes the payment
to be late; or
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(3) The terms of a federal contract, grant, regulation, or statute prevent City from making a
timely payment with federal funds; or
(4) The invoice is not mailed to City in strict accordance with any instructions on the
purchase order relating to the payment.
9.01 TERMINATION
This Agreement may be terminated for any of the following conditions:
(1) By City for reasons of its own, with or without cause, and not subject to the mutual
consent of any other party, such written termination notice to be given to the other party not less than
thirty (30) days prior to termination.
(2) By mutual agreement and consent of the parties, such agreement to be in writing.
(3) By either party for failure by the other party to perform the services set forth herein in a
satisfactory manner, such termination notice to be given in writing to the other party.
(4) By either party for failure by the other party to fulfill its obligations herein.
(5) By satisfactory completion of all services and obligations described herein.
Should City terminate this Agreement as herein provided, no fees other than fees due and
payable at the time of termination shall thereafter by paid to Services Provider. City shall pay Services
Provider for all uncontested services performed to date of notice of termination.
If either party defaults in performance of this Agreement or if City terminates this Agreement for
default on the part of the other party, then City shall give consideration to the actual costs incurred by
Services Provider in performing the work to the date of default.
The termination of this Agreement and payment of an amount in settlement as set forth above
shall extinguish all rights, duties, and obligations of City and the terminated party to fulfill contractual
obligations. Termination under this section shall not relieve the terminated party of any obligations or
liabilities which occurred prior to cancellation.
10.01 INDEPENDENT CONTRACTOR STATUS
Services Provider is an independent contractor, and is not City's employee. Services Provider's
employees or subcontractors are not City's employees. This Agreement does not create a partnership,
employer-employee, or joint venture relationship. No party has authority to enter into contracts as agent
for the other party. Services Provider and City agree to the following rights consistent with an
independent contractor relationship:
(1) Services Provider has the right to perform services for others during the term hereof.
(2) Services Provider has the sole right to control and direct the means, manner and method
by which services required by this Agreement will be performed.
(3)
to provide the services required by this Agreement.
Services Provider has the right to hire assistants as subcontractors, or to use employees
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(4) Services Provider or its employees or subcontractors shall perform services required
hereunder, and City shall not hire, supervise, or pay assistants to help Services Provider.
(5) Neither Services Provider nor its employees or subcontractors shall receive training from
City in skills necessary to perform services required by this Agreement.
(6) City shall not require Services Provider or its employees or subcontractors to devote full
time to performing the services required by this Agreement.
(7) Neither Services Provider nor its employees or subcontractors are eligible to participate
in any employee pension, health, vacation pay, sick pay, or other fringe benefit plan of City.
11.01 NON -SOLICITATION
All parties hereto agree that they shall not directly or indirectly solicit for employment, employ,
or otherwise retain staff of the other during the term of this Agreement.
12.01 WARRANTIES
Services Provider warrants that all services performed hereunder shall be performed consistent
with generally prevailing professional or industry standards, and shall be performed in a professional and
workmanlike manner. Services Provider shall re -perform any work not in compliance with this warranty.
13.01 INDEMNIFICATION
Services Provider agrees to hold harmless, exempt, and indemnify City, its officers, agents,
directors, servants, representatives and employees, from and against any and all suits, actions, legal
proceedings, demands, costs, expenses, losses, damages, fines, penalties, liabilities and claims of any
character, type, or description, including but not limited to any and all expenses of litigation, court costs,
attorneys fees and all other costs and fees incident to any work done as a result hereof.
In no event shall either party be liable to the other for special or consequential damages, statutory
or otherwise.
14.01 ASSIGNMENT AND DELEGATION
The parties each hereby bind themselves, their successors, assigns and legal representatives to
each other with respect to the terms of this Agreement. Neither party may assign any rights or delegate
any duties under this Agreement without the other party's prior written approval.
15.01 LOCAL, STATE AND FEDERAL TAXES
Services Provider shall pay all income taxes, and FICA (Social Security and Medicare taxes)
incurred while performing services under this Agreement. City will not do the following:
(1) Withhold FICA from Services Provider's payments or make FICA payments on its
behalf;
(2) Make state and/or federal unemployment compensation contributions on Services
Provider's behalf; or
(3) Withhold state or federal income tax from any of Services Provider's payments.
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If requested, City shall provide Services Provider with a certificate from the Texas State
Comptroller indicating that City is a non-profit corporation and not subject to State of Texas Sales and
Use Tax.
16.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES
Services Provider, its consultants, agents, employees and subcontractors shall use best efforts to
comply with all applicable federal and state laws, the Charter and Ordinances of the City of Round Rock,
as amended, and with all applicable rules and regulations promulgated by local, state and national boards,
bureaus and agencies. Services Provider shall further obtain all permits, licenses and the like required in
the performance of the services contracted for herein, and same shall belong solely to City at the
expiration of the term of this Agreement.
17.01 FINANCIAL INTEREST PROHIBITED
Services Provider covenants and represents that Services Provider, its officers, employees,
agents, consultants and subcontractors will have no financial interest, direct or indirect, in the purchase
or sale of any product, materials or equipment that will be recommended or required under this
Agreement.
18.01 GRATUITIES AND BRIBES
City may, by written notice to Services Provider, cancel this Agreement without liability if it is
determined by City that gratuities and/or bribes in the form of entertainment, gifts, or otherwise were
offered or given by Services Provider or its agents or representatives to any City officer, employee or
elected representative with respect to the performance of this Agreement. In addition, Services Provider
may be subject to penalties stated in Title 8 of the Texas Penal Code.
19.01 RIGHT TO ASSURANCE
Whenever either party to this Agreement, in good faith, has reason to question the other party's
intent to perform hereunder, then and in that event demand may be made to the other party for written
assurance of intent to perform. In the event that no written assurance is given within the reasonable time
specified when such demand was made, then and in that event the demanding party may treat such failure
as an anticipatory repudiation of this Agreement.
20.01 SERVICES OBTAINED FROM ALTERNATE SOURCES
If Services Provider cannot provide the services as specified, City reserves the right and option to
obtain the services from another source or sources.
21.01 DEFAULT
If Services Provider abandons or defaults under this Agreement and is a cause of City purchasing
services elsewhere, then Services Provider agrees that it may be charged the difference in cost, if any,
and that it will not be considered in the re -advertisement of the service and that it may not be considered
in future advertisements for the same type of work unless the scope of work is significantly changed.
Services Provider shall be declared in default under this Agreement if it does any of the
following:
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(1)
Fails to make any payment in full when due;
(2) Fails to fully, timely and faithfully perform any of its material obligations under this
Agreement;
(3)
herein; or
(4) Becomes insolvent or seeks relief under or is involuntarily brought under the bankruptcy
laws of the United States.
Fails to provide adequate assurance of performance under "Right to Assurance" section
22.01 STANDARD OF CARE
Services Provider represents that it is specially trained, experienced and competent to perform all
of the services, responsibilities and duties specified herein and that such services, responsibilities and
duties shall be performed, whether by Services Provider or designated subconsultants, in a manner
according to generally accepted industry practices.
23.01 TAXES
City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be included in
Services Provider's charges.
24.01 INSURANCE
Services Provider shall meet all requirements as stated in the attached IFB Solicitation Number
12-001, Specification Number 988-36, dated October 2011; and Attachment A "City of Round Rock
Insurance Requirements," and its bid response.
25.01 CITY'S REPRESENTATIVE
City hereby designates the following representative(s) authorized to act in its behalf with regard
to this Agreement:
Cory Styron
Assistant Director, Parks & Recreation Department
301 West Bagdad, Suite 250
Round Rock, TX 78664
512-218-5540
cstyron@round-rock.tx.us
26.01 NOTICES
All notices and other communications in connection with this Agreement shall be in writing and
shall be considered given (1) when delivered personally to the recipient's address as stated in this
Agreement; or (2) three days after being deposited in the United States mail, with postage prepaid to the
recipient's address as stated in this Agreement.
Notice to Services Provider:
Sun Terra Landscape Services
Attention: Chris Rhodes
12819 Dessau Road
Austin, TX 78754
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Notice to City:
Laurie Hadley
Assistant City Manager
221 East Main Street AND TO:
Round Rock, TX 78664
Stephan L. Sheets
City Attorney
309 East Main Street
Round Rock, TX 78664
Nothing herein shall be construed to restrict the transmission of routine communications between
representatives of City and Services Provider.
27.01 APPLICABLE LAW; ENFORCEMENT AND VENUE
This Agreement shall be enforceable in Round Rock, Texas, and if legal action is necessary by
either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive
venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and
construed in accordance with the laws and court decisions of the State of Texas.
28.01 EXCLUSIVE AGREEMENT
This document, and all appended documents, constitutes the entire Agreement between Services
Provider and City. This Agreement may only be amended or supplemented by mutual agreement of the
parties hereto in writing, duly authorized by action of the City Manager or City Council.
29.01 DISPUTE RESOLUTION
If a dispute or claim arises under this Agreement, the parties agree to first try to resolve the
dispute or claim by appropriate internal means, including referral to each party's senior management. If
the parties cannot reach a mutually satisfactory resolution, then and in that event any such dispute or
claim will be sought to be resolved with the help of a mutually selected mediator. If the parties cannot
agree on a mediator, City and Services Provider shall each select a mediator and the two mediators shall
agree upon a third mediator. Any costs and fees, other than attorney fees, associated with the mediation
shall be shared equally by the parties.
City and Services Provider hereby expressly agree that no claims or disputes between the parties
arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration
proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9 USC
Section 1-14) or any applicable state arbitration statute.
30.01 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion or provision of this Agreement void shall in no way affect
the validity or enforceability of any other portion or provision of this Agreement. Any void provision
shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and
enforced as if this Agreement did not contain the particular portion or provision held to be void. The
parties further agree to amend this Agreement to replace any stricken provision with a valid provision
that comes as close as possible to the intent of the stricken provision. The provisions of this section shall
not prevent this entire Agreement from being void should a provision which is of the essence of this
Agreement be determined void.
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31.01 MISCELLANEOUS PROVISIONS
Standard of Care. Services Provider represents that it employs trained. experienced and
competent persons to perform all of the services, responsibilities and duties specified herein and that
such services. responsibilities and duties shall be performed in a manner according to generally accepted
industry practices.
Time is of the Essence. Services Provider understands and agrees that time is of the essence and
that any failure of Services Provider to fulfill obligations for each portion of this Agreement within the
agreed timeframes will constitute a material breach of this Agreement. Services Provider shall be fully
responsible for its delays or for failures to use best efforts in accordance with the terms of this
Agreement. Where damage is caused to City due to Service Provider's failure to perform in these
circumstances, City may pursue any remedy available without waiver of any of City's additional legal
rights or remedies.
Force Majeure. Neither City nor Service Provider shall be deemed in violation of this Agreement
if it is prevented from performing any of its obligations hereunder by reasons for which it is not
responsible as defined herein. However, notice of such impediment or delay in performance must be
timely given, and all reasonable efforts undertaken to mitigate its effects.
Multiple Counterparts. This Agreement may be executed in multiple counterparts, any one of
which shall be considered an original of this document; and all of which, when taken together, shall
constitute one and the same instrument.
IN WITNESS WHEREOF, City and Services Provider have executed this Agreement on the
dates indicated.
City of Round Rock, Texas
By:
Printed Name: 514,11
Title: Myf,( (,/
Date Signed: p ' ajt
et -
For City, Attest:
For City,
By:
Stephan , beets, ity Attorney
'hire, City Clerk
roved as to orm:
1 0
Sun Terra Landscape Services
By:
Printme: ChnTpher Carmouche
Title: President
Date Signed: 02/03/2012
SOLICITATION NUMBER
12-001
SPECIFICATION NUMBER
988-36
DATED: OCTOBER 2011
CITY OF ROUND ROCK
INVITATION FOR BID
GROUND MAINTENANCE SERVICES
PART I
GENERAL
1. PURPOSE: The City seeks to establish a multiple year contract with a qualified person, firm or
corporation, herein after "Respondent, to provide full, tumkey services inclusive of necessary
equipment and labor to maintain grounds on various City park properties, herein after `Services`.
Vendor shall provide Services to include, but not be limited to, mowing, edging and trimming,
raking, removing and disposing of litter as needed within the specified time period(s). City park
properties shall be clearly identified within this solicitation and herein referred to as "Project Areas".
Project Areas are identified in ATTACHMENT D1 - D21.
2. DEFINITIONS. TERMS AND CONDITIONS: By submitting a response to this solicitation, the
Respondent agrees that the City's standard Definitions, Terms and Conditions, in effect at the time
of release of the solicitation, shall govern unless specifically provided otherwise in a separate
agreement or on the face of a purchase order. Said Definitions, Terms and Conditions are subject
to change without notice. It is the sole responsibility of respondents to stay apprised of changes.
The City's Definitions, Terms and Conditions can be obtained from the City's website
htta://www.roundrocktexas.aov/home/index.asp?paste=463.
3. INSURANCE: The Respondent shall meet or exceed ALL insurance requirements set forth by the
Insurance Requirements as identified on the City's website at
http:/lwww.roundrocktexas.Qov/home/index.asp?Oasts=463.
4. CLARIFICATION: For questions or clarification of specifications, you may contact:
Joy Baggett
Purchasing Department
City of Round Rock
Telephone: 512-218-6682
jbaonett(round-rock.tx.us
The individual listed above may be contacted by telephone or visited for clarification of the
specifications only. No authority is intended or implied that specifications may be amended or
alterations accepted prior to solicitation opening without written approval of the City of Round Rock
through the Purchasing Division.
5. QUALIFICATIONS: The opening of a response shall not be construed as the City's acceptance of
such as qualified and responsive. All Respondents shall:
5.1. Be firms, corporations, individuals or partnerships normally engaged in the sale and
distribution of commodity or provision of the services as specified herein.
5.2. Have adequate organization, facilities, equipment and personnel to ensure prompt and
efficient service to the City.
5.3. Identify any subcontractors to be used for this project. Experience, qualifications and
references of the subcontractors shall be submitted. The City reserves the right to approve or
disapprove all subcontractors prior to any work being performed.
EXHIBIT
nAn
SOLICITATION NUMBER
12-001
SPECIFICATION NUMBER
988-36
DATED: OCTOBER 2011
5.4. Respondent shall possess ground maintenance experience, which includes manicured grass
maintenance, shrub and bed maintenance, and maintenance of trees.
5.5. Provide the name, address, telephone number and E-MAIL of at least three (3) firms
applicable to Municipal and/or Government projects that have utilized similar services of size
and scope in the past (two) 2 years. City of Round Rock references are not applicable.
References may be checked prior to award. Any negative responses received may result in
disqualification of submittal. NOTE: REFERENCE FORM (ATTACHMENT A) PROVIDED.
E-MAIL ADDRESSES ARE REQUIRED.
6. BEST VALUE EVALUATION AND CRITERIA: All responses received may be evaluated based on
the best value for the City. In determining best value, the City may consider.
6.1. Purchase price;
6.2. Reputation of Respondent and of Respondent's goods or services;
6.3. Quality of the Respondent's goods or services;
6.4. The extent to which the goods or services meet the City's needs;
6.5. Respondent's past relationship with the City;
6.6. The total Tong -term cost to the City to acquire the Respondent's goods or services;
6.7. Any relevant criteria specifically listed in the solicitation.
7. AGREEMENT TERM: It is the City's intent to structure the agreement as follows:
7.1. The initial term of the resulting agreement shall be five (5) consecutive twelve (12) month
periods of time from the effective date. The agreement may be renewed for two (2) additional
periods of time, not to exceed twelve (12) months each, provided both parties agree in
writing.
7.2. The City reserves the right to review the respondents' performance at the end of each twelve
(12) month period and terminate all or part of the agreement, with or without cause or
continue the agreement through the next period.
7.3. The City reserves the right to review the following at the end of each twelve-month renewal:
7.3.1. Vendor performance
7.3.2. Price
7.3.3. Continuing need
7.3.4. Advancement in technologies and or service
7.4. If the respondent fails to perform its duties in a reasonable and competent manner, the City
shall give notice to the respondent of the deficiencies and the respondent shall have thirty
(30) days to correct such deficiencies. If the respondent fails to correct the deficiencies with
the thirty (30) days, the City may terminate the agreement by giving the respondent written
notice of termination and the reason for the termination.
8. PRICE ADJUSTMENTS: The City may consider price adjustments to the Cost Per Acre based on
the US Bureau of Labor Statistics Landscaping and Groundskeeping Workers Occupational
Employment and Wages Index httq://www.bls.aov/oes/current/oes373011.htm. Any price increase
shall be requested by successful Respondent in writing and accompanied with the appropriate
index documentation to justify the change at least thirty (30) days prior to requested effective date.
Alt price increases are subject to City approval before they become effective. City shall notify
successful Respondent of intent to decrease price with appropriate index documentation and a
letter stating same.
8.1. Price increase cannot exceed 5% per year for a total of 25% of the total cost over the term of
the agreement.
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SOLICITATION NUMBER
12-001
SPECIFICATION NUMBER
988-36
DATED: OCTOBER 2011
8.2. Upon receipt of the request, the City reserves the right to either. accept the escalation as
supported by the appropriate price index and make change to the Agreement within 30 days
of the request, negotiate with the vendor or terminate the Agreement if an agreement cannot
be reached on the value of the increase.
8.3. The Index price on the SOLICITATION ISSUE DATE shall apply and serve as the
benchmark for future price adjustments.
9. AWARD: The City reserves the right to accept or reject all or part of a response, waive minor
technicalities and award the response to best serve the interests of the City. Split awards or non -
award may be made at the sole discretion of the City. Award announcement will be made upon
City Council approval of staff recommendation and executed agreement. Award announcement will
appear on the City's website at htta://www.roundrocktexas.aov/home/index.asa?aaae=463.
10. ACCEPTANCE: Inspection and acceptance of Services should not take more than five (5) working
days from completion of said Services. The vendor will be notified within this time frame if the
Services are in full compliance with the specifications. If the agreement is canceled for non-
acceptance, the Services may be purchased elsewhere and the vendor may be charged full
increase, if any, in cost and handling.
11. ORDER QUANTITY: The quantities shown on the Solicitation form are estimates only. No
guarantee of any minimum or maximum purchase is made or implied. The City will only order the
quantity of goods and or services needed to satisfy operating requirements, which may be more or
less than indicated.
12. PROMPT PAYMENT POLICY: Payments will be made in accordance with the Texas Prompt
Payment Law, Texas Government Code, Subtitle F, Chapter 2251. The City will pay Vendor within
thirty days after the acceptance of the supplies, materials, equipment, or the day on which the
performance of services was completed or the day, on which the City receives a correct invoice for
the supplies, materials, equipment or services, whichever is later. The Vendor may charge a late
fee (fee shall not be greater than thatwhich 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:
12.1. There is a bona fide dispute between the City and Vendor concerning the supplies, materials,
services or equipment delivered or the services performed that causes the payment to be
late; or
12.2. The terms of a federal agreement, grant, regulation, or statute prevent the City from making a
timely payment with Federal Funds; or
12.3. There is a bona fide dispute between the Vendor and a subcontractor or between a
subcontractor and its suppliers conceming supplies, material, or equipment delivered or the
services performed which caused the payment to be late; or
12.4. The invoice is not mailed to the City in strict accordance with instructions, if any, on the
purchase order or agreement or other such contractual agreement.
13. NON -APPROPRIATION: The resulting Agreement is a commitment of the City's current revenues
only. It is understood and agreed the City shall have the right to terminate the Agreement at the
end of any City fiscal year if the goveming 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 at
the end of its then current fiscal year.
14. CANCELLATION: The City reserves the right to cancel the Agreement without penalty by providing
30 days prior written notice to the Vendor. Vendor shall provide the City with 120 days written
notice prior to cancellation of the Agreement and shall continue services for a period of time not to
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SOLICITATION NUMBER
12-001
SPECIFICATION NUMBER
988-36
DATED: OCTOBER 2011
exceed 120 days after written notification. Termination under this paragraph shall not relieve the
Vendor of any obligation or liability that has occurred prior to cancellation. NOTE: This Agreement
is subject to cancellation, without penalty, at any time the City deems the vendor to be non-
compliant with contractual obligations.
15. DAMAGE: The successful Respondent 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 Vendor shall be responsible and liable for the safety; injury and health of its
working personnel while its employees are performing service work.
16. ENVIRONMENT: It is the intent of the City to purchase goods and services having the least
adverse environmental impact, within the constraints of statutory purchasing requirements,
departmental needs, availability, and sound economic considerations. Suggested changes and
environmental enhancements for possible inclusion in future revisions of this specification are
encouraged.
PART II
SCHEDULE
1. SOLICITATION SCHEDULE: It is the City's intention to comply with the
timeline:
1.1. Solicitation released
1.2. Pre -Solicitation Meeting & Site Visit (Non -Mandatory)
9:30 AM
McConico Building Parks and Recreation Department
Community Room, 1" Floor
301 West Bagdad Avenue
Round Rock, Texas 78664
1.3. Deadline for questions
1.4.
1.5.
City responses to all questions or addendums
following solicitation
October 28, 2011
November 8, 2011
November 11, 2011
November 16, 2011
Responses for solicitation due by 3:00 PM November 22, 2011
All questions regarding the solicitation shall be submitted in writing by 5:00 PM on the due
date noted above. A copy of all the questions submitted and the City's response to the questions
shall be posted on our webpage, http://www.roundrocktexas.swv/home/index.asp?paste=463.
Questions shall be submitted to the City contact named in PART I, Paragraph 4.
The City reserves the right to modify these dates. Notice of date change will be posted to the City
website.
2. PRE-SOUCITATION MEETING AND SITE VISITS: The City will conduct a pre -solicitation meeting
for all interested Respondents to ask questions they may have concerning the solicitation.
2.1. Meeting date, time and location:
November 8, 2011 at 9:30 AM
McConico Building Parks and Recreation Department
Community Room, 1" Floor
301 West Bagdad Avenue
Round Rock, Texas 78664
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SOLICITATION NUMBER
12-001
SPECIFICATION NUMBER
988-36
DATED: OCTOBER 2011
2.2. The City strongly recommends attendance at the pre -solicitation meeting, however, the
meeting is voluntary. Respondents shall sign -in at the meeting to document their
attendance.
2.3. Respondents are required to provide their own transportation to the meeting.
2.4. Additionally, it is the responsibility of the Respondent to inspect each Project Area in their
own time to familiarize themselves with the conditions, difficulties and restrictions of each.
2.4.1. Respondents are responsible for evaluating the quantities and amounts of required
supplies, taking precise measurements, determining material requirements and any
other related details during said inspection.
2.4.2. The act of submitting a response shall be considered acknowledgement by the
Respondent that they have inspected the Project Areas, taken field measurements
and are familiar with the conditions and requirements affecting the work.
2.4.3. Failure to do so will not relieve the successful Respondent of the obligation to fumish
all materials and labor necessary to carry out the provisions contained herein.
3. RESPONSE DUE DATE: Signed and sealed responses are due no later than 3:00 PM, on the date
noted above to the Purchasing Department. Mail or carry sealed responses to:
City of Round Rock
Purchasing Department
221 E. Main Street
Round Rock, Texas 78664-5299
3.1. Responses received after this time and date shall not be considered.
3.2. Sealed responses shall be clearly marked on the outside of packaging with the Solicitation
title, number, due date and "DO NOT OPEN".
3.3. Facsimile or electronically transmitted responses are not acceptable.
3.4. Late responses will be returned to Respondent unopened if return address is provided.
4. RESPONSE REQUIREMENTS: Respondent shall submit one (1) executed (signed) original and
three (3) copies of each response. Completed documentation shall include, at a minimum:
4.1. Itemized and signed solicitation document. Failure to itemize solicitation may result in
disqualification.
4.2. ATTACHMENT A: Reference sheet that shall include the name, address, active telephone
number and valid E-mail of at least three (3) firms applicable to Municipal and Govemment
projects that have utilized similar services in the last two (2) years.
4.3. ATTACHMENT B: List of three (3) currently maintained sites to include the site address,
client name, address, active telephone number and valid e-mail. Sites shall be in the
immediate region, meaning within 5 linear miles of 78664. The City may visit these sites and
speak to these clients prior to making a selection.
4.4. ATTACHMENT C: Provide completed Respondent Questionnaire and Equipment List herein
attached and made a part of this solicitation.
4.5. Photos of front, back and sides of intended Service truck(s).
4.6. Identification of subcontractors that will be involved in the performance of the Services.
5. POST AWARD MEETING: The City and Respondent shall conduct a post award meeting to
discuss, but not be limited to the following:
5.1. City contact(s) information for implementation of agreement.
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SOLICITATION NUMBER
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SPECIFICATION NUMBER
988-36
DATED: OCTOBER 2011
5.2. Agreement terms and conditions.
PART III
SPECIFICATIONS
1. SCOPE OF WORK: Services shall be inclusive of necessary equipment and labor to maintain
grounds on various Project Areas. Services shall include, but not be limited to mowing, edging and
trimming, raking, removing and disposing of litter as needed within the specked time period(s) with
the goal of maintaining and establishing a good appearance to Project Areas that discourages
dumping and other undesirable activities. A listing of the Project Areas to be maintained and the
corresponding maps are herein as ATTACHMENT D1 — D 21 and made a part of this solicitation.
2. SERVICE REQUIREMENTS: The successful Respondent shall:
2.1. Obtain and provide all supervision, labor, equipment, services, fuel, oil, incidentals, permits,
notifications and related items necessary to complete the work as required by the
specification.
2.2. Fumish all tools, hard hats, safety vests, rubber boots, gloves, transportation to and from the
work area, and all other safety materials or devices necessary to perform the work in a safe
and orderly manner.
2.3. Have an on-site supervisor at the site any time work is performed.
2.4. Protect all existing and newly installed work, materials, equipment, improvements, utilities,
structures, and vegetation. Any property or incidentals damaged shall be repaired or
replaced by the successful Respondent to the satisfaction of the City.
2.5. Work shall be performed on a schedule defined by the City to the specifications defined
herein.
2.6. All work shall be performed in a professional workmanlike manner.
2.7. All supporting documentation specified herein shall be submitted with invoice prior to the City
processing payment.
3. CITY RESPONSIBILITY: City will:
3.1. Appoint a City designated representative.
3.2. Monitor and inspect the ground maintenance at designated sites.
3.3. Coordinate all work and scheduling with the successful Respondent.
4. EQUIPMENT: Prior to start of Services, all equipment may be examined and approved by City.
The City reserves the right to randomly inspect all equipment at any time during the term of the
agreement or any extension period.
4.1. Insufficient and/or inadequate equipment as determined by the City is cause for rejection of
any and all proposals.
4.2. Recommended minimum equipment for one (1) Project Area is:
4.2.1. Two (2) out -front rotary mowers
4.2.2. Two (2) gas powered blowers
4.2.3. Four (4) gas powered string trimmers
4.2.4. Two (2) gas powered edgers
4.2.5. One (1) trailer to transport mowers and equipment
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SOLICITATION NUMBER
12-001
SPECIFICATION NUMBER
988-36
DATED: OCTOBER 2011
4.3. All medians shall be mowed with an out -front type mower. No tractors, brush hogs, 580-D or
similar type equipment shall be used on this project.
4.4. All mowers shall be equipped with either safety chains or the manufacturer's safety device to
prevent mower thrown objects.
4.5. Chain shall be a minimum of 5/16 inches in size and links spaced side by side around the
mower's front, sides, and rear.
4.6. Maximum cutting widths for rigid frame rotary mowers shall be 108 inches.
4.7. Hinged, batwing and brush hog drag mowers shall only be used with written approval from
the City.
4.8. All mowing equipment must be equipped with turf -type tires. Cleated or ribbed tractor tires
shall be prohibited.
4.9. All mowers shall be kept in good operating condition and shall be maintained to provide a
clean, sharp cut of vegetation at all times.
5. SCHEDULING: Upon issuance of a Work Authorization, successful Respondent shall begin work
and proceed with all reasonable dispatch to completion maintaining the established Production
Rate Goal. The successful Respondent will be required to maintain all Project Areas assigned in
the time allotted for each. Work started within a Project Area shall be completed in consecutive
days per the schedule in the Work Authorization.
5.1. It is anticipated that the mowing season will run eight months per calendar year and will begin
March 1°` and end by November 30th.
5.2. Maintenance Cycles specified herein shall mean the time period between Services.
Maintenance Cycle shall be identified with a beginning and ending date, in which all
prescribed maintenance activities for each Project Area shall be completed. A typical
maintenance cycles for Project Area shall range from is 14 calendar days with in the
mowing season.
5.3. The Daily Production Rate Goal shall refer to the average acreage the City seeks to maintain
per day. The Production Rate Goal shall be calculated in the following manner:
PROJECT AREA ACREAGE + NUMBER OF DAYS IN CYCLE = PRODUCTION RATE GOAL
5.4. Failure on the part of the successful Respondent to maintain the established Production Rate
Goal as set forth within the Work Authorization shall be sufficient reason for the City to have
the work in question or portions thereof completed by others if the Successful Respondent
does not cure the default within forty-eight (48) hours of written notice of the default. If others
complete the work, any additional cost caused by a higher bid price will be deducted from the
original successful Respondent's next payment, if any.
5.5. The City reserves the right to modify the Maintenance Cycles and Project Areas at any time
pursuant to the specifications contained herein. This determination will be made by the City
and communicated to the successful Respondent in writing via e-mail or fax. Modification
can include cancelling a Maintenance Cycle or Project Area.
5.6. Cancellations of a Work Authorization may be based upon need or inclement weather
conditions or other mitigating circumstance to be determined by the City. This determination
will be made by the City and communicated to the successful Respondent in writing via e-
mail or fax.
6. GROUNDS MAINTENANCE: Upon receipt of Work Authorization, all Project Areas shall be
maintained as follows:
6.1. Trimming shall mean the cutting or removal of all plant material immediately adjacent to or
under Project Area structures, poles, trees, signs, and fences. All structures, trees, poles,
signs, fences and shrub beds shall be trimmed flush with the object.
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SOUCITATION NUMBER
12-001
SPECIFICATION NUMBER
988-36
DATED: OCTOBER 2011
6.1.1. Special care shall be given to trimming around small trees as not to inflict damage to
the bark of the trees.
6.1.2. All trimming shall be accomplished maintaining the required 3-4 inch cutting height.
6.1.3. All trimming shall be accomplished concurrently with mowing operations.
6.1.4. Trimming shall also include removal of all plant material from expansion joints and
any other cracks in curbs, sidewalks (both sides), driveways and any other pavement
surface within park property, media or rights of way.
6.1.5. Trimming shall leave no vegetation overhanging onto concrete; and shall result in a
six (6) inch bank around obstacles.
6.1.6. Chemical Trimming shall refer to the use of herbicide as an alternative to the physical
removal or cutting of plant material from areas to be trimmed.
6.1.6.1. Band of chemical application shall not exceed six (6) inches from target
structure of chemical treatment.
6.1.6.2. Written approval of herbicide use shall be obtained from the City prior to
application.
6.1.6.3. Chemical application shall be in compliance with label directions and the
Texas Structural Pest Control Board (SPCB) and Texas Department of
Agriculture (TDA) rules and regulations.
6.1.6.4. Treated weeds that are left after kill by chemical application shall be
removed from area.
6.2. Edging shall mean the vertical removal of any and all plant material which encroaches over
or onto sidewalks (both sides), curbs, steps, driveways, and pavements.
6.2.1. Edging cut shall remove vegetation from pavement services and result in a visible
separation of turf from pavement.
6.2.2. Sidewalks, curbs, and steps shall be mechanically edged to a one (1") inch depth
and 1/4 inch width where they exist exposing the pavement surface.
6.2.3. The initial edging shall be completed by the end of first cycle.
6.2.4. All edges shall be maintained through the duration of contract.
6.2.5. Edging and maintenance of edges shall use a vertical cut approach.
6.2.6. All material dislodged by edging shall be removed from site.
6.2.7. Sidewalks shall be edged on both sides.
6.2.8. Chemical Edging shall refer to the use of herbicide as an alternative to the physical
removal or cutting of plant material from areas to be edged.
6.2.8.1. Written approval of herbicide use shall be obtained from the City prior to
application.
6.2.8.2. Chemical application shall be in compliance with label directions and the
Texas Structural Pest Control Board (SPCB) and Texas Department of
Agriculture (TDA) rules and regulations
6.2.8.3. Chemical treatments shall be growth regulators, however, herbicides can
be used in nose cones and pavement areas only.
6.3. Mulch Areas or Tree Rings shall refer to those areas adjacent to trees, shrub beds, and other
purposefully planted landscape areas in which all plant growth is removed and a protective
covering of organic substances is placed to prevent evaporation of moisture, control weed
growth, and for aesthetic reasons.
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SOUCITATION NUMBER
12-001
SPECIFICATION NUMBER
988-36
DATED: OCTOBER 2011
6.3.1. Successful Respondent shall maintain these areas to remain free from plant and
weed growth.
7. MOWING:
7.1. Upon receipt of Work Authorization, all grass shall be cut at a height of 3-4 inches.
7.2. Project Areas shall be completely mowed to the boundaries identified on the attachments and
be field verified by City staff at the initial commencement of Services within 24 hours of start
of mowing of said area.
7.3. No scalping shall occur. Scalping shall mean any action resulting in the mowing of any turf
area below a three-inch (3") height down to and including the soil.
7.4. Care shall be taken to prevent discharge of grass clippings onto paved surfaces such as
streets, parking lots, sidewalks, driveways, or onto adjacent properties. Any material so
discharged shall be removed immediately prior to proceeding with mowing of other areas.
7.5. Successful Respondent shall use extreme care when mowing against fences, property lines,
and other obstacles. Damage sustained to a homeowner's property as a result of Services
shall be the responsibility of the successful Respondent. Where there is a fence line, the
successful Respondent shall mow and trim to fence line. All ditches shall be maintained.
Slopes and bottoms of ditches shall be trimmed or mowed at a height of 3"- 4". If an area is
maintained by a homeowner, the successful Respondent shall not mow that area.
7.6. Upon completion, a mowed area shall be free of clumped grass and tire tracks or ruts from
the mowing equipment.
8. REMOVAL OF GRASS CLIPPINGS: Removal of cut grass from the Project Areas where growth
occurred shall not be required unless grass is clumped. However, cut grass and debris which falls
or is thrown upon the pavement, streets, sidewalks, driveways, or adjacent properties through the
action of mowing or the action of the work crew, shall be removed from the area prior to the exit of
the work crew from the work site.
9. TRASH. UTTER AND DEBRIS REMOVAL: Shall mean any rubbish within the Project Area such
as paper, cans, bottles, limbs four (4") inches diameter or smaller, trash bags and rocks, which is
not intended to be present as part of the landscape. For this function, Project Areas shall include
streets, sidewalks, curbs, catch basins, gutters, hillsides and ditches. For items larger than 4",
successful Respondent shall contact the City's designee to make City aware and coordinate
removal.
9.1. Removal of debris shall require sweeping or blowing off of hard surfaces such as sidewalks
and concrete noses of medians.
9.2. Successful Respondent shall remove all trash and litter from the Project Areas prior to
initiating any mowing of the turf areas.
9.3. All trash and litter removed shall be disposed of by successful Respondent legally at an off-
site location.
9.4. No litter or debris shall be visible in finished Project Area after services are performed.
10. FERTILIZERS: No fertilizers are required within this scope of work.
11. DAMAGE: Damage caused to City or private property as a result of performance of Services shall
be remedied at the expense of the successful Respondent.
11.1. The successful Respondent shall inspect all trees, adjacent properties, structures and utilities
for existing damages prior to conducting any work activity in the assigned Project Areas.
Observed tree damage or damage to properties, structures and utilities shall be documented
to the City prior to beginning any Services. Project Areas may be checked for damage by the
City prior to commencement of Services, and randomly during the Agreement term at the
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SPECIFICATION NUMBER
988-36
DATED: OCTOBER 2011
option of the City. Repair or replacement of trees, properties, structures and utilities shall be
at the expense of the successful Respondent.
11.2. Successful Respondent shall, at his own expense, carefully protect all trees, properties,
structures and utilities within Project Areas so that there shall be no damage or utilities
service Toss.
12. WORK CREW: Only qualified, trained, competent and reliable personnel shall perform Services.
12.1. The City shall have the right to request the immediate removal from its premises of any crew
member or subcontractor crew member if they are not in compliance with this specification.
12.2. Each work crew shall have a designated Supervisor attending the work site with the authority
to direct Service and respond to crew inquiries about Service details or priorities
13. SAFETY OF WORK CREW: Due to the high visibility of work crews from the roadways, safety of
the work crews shall include but not be limited to the following:
13.1. Successful respondent's crew shall wear and display proper warning devices (safety vest,
flashers, strobe lights and waming signs) in order to ensure both employee and public safety.
Crew shall dress and remain dressed in a presentable fashion. Inappropriate dress includes,
but is not limited to, bare chest (no shirt), shorts while trimming or edging, and absence of, or
proper use of safety clothing and devices.
13.2. The successful respondent shall be responsible for furnishing all signs and traffic controls as
required by law, and make adjustments as required by City.
13.3. All signs shall be mounted on their own stands and be mounted not less than three feet (3 ft.)
from the bottom of the sign to the natural ground line. Each sign shall have two brightly
colored safety flags attached to it. It will not be permissible to hang or lean these signs. The
signs shall be erected in such a manner that they shall not obstruct the traveling public view
of the normal roadway signing.
14. VEHICLE IDENTIFICATION AND PARKING: Successful respondent vehicles shall be licensed for
travel on public roads, and shall have the name of the successful Respondent clearly displayed on
each side of the vehicle.
14.1. Vehicles shall park in areas that do not create potentially hazardous traffic situations.
15. COMMUNICATION: The successful Respondent shall provide communication equipment as
necessary to perform the Services. This may include 2 -way radios, pagers, cellular phones,
telephone answering devices, and fax machine.
15.1. The successful Respondent shall respond to communication requests from the City within
two (2) hours during the normal working hours of 7:30 a.m. to 5:00 p.m.
15.2. The successful Respondent shall make contact with the City, at a time mutually agreed upon
by the City and the successful Respondent. This contact is for the purpose of discussing
areas to be maintained, Successful Respondent's work schedule for the day, areas to be
inspected for approval, and Work Authorizations that need to be signed. Failure to contact
the City's authorized designee, or designee, per the agreed upon schedule may
constitute a breach of Contract and termination of Agreement.
16. LIQUIDATED DAMAGES: Failure of the successful Respondent to perform as specified herein
may result in a $250 assessment per incident per day to be applied and may also result in the
termination of the agreement by the City.
17. WORK AUTHORIZATION. INSPECTION OF WORK AND WORK RECORD SUMMARY:
17.1. A Work Authorization shall be issued from the City as notification to begin Services in a
designated Project Area. The Work Authorization shall;
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SPECIFICATION NUMBER
988-36
DATED: OCTOBER 2011
17.1.1. Be issued before work is to begin in the specified Project Area and shall follow the
schedule of maintenance cycles as closely as possible.
17.1.2. Consist of a written list of Project Area's designated for Services.
17.1.3. Be considered complete when all work has been inspected and approved by the
City and has been signed by the City. Such information shall consist of grounds
maintenance locations, acreage/mileage actually maintained, and the acceptability
of the maintenance activities performed, date of completion.
17.1.4. It shall be mandatory that all Work Authorizations be completed after the end of
each cycle, before another Work Authorization may be issued. Failure to obtain
Work Authorization prior to beginning Services for the next cycle may be
considered a breach of contract by and grounds for termination of Agreement by
the City.
17.2. The City shall make inspections or re -inspections to ensure the Services performed are
completed per specification and in accordance with prescribed time schedules. Written
approval of inspection shall accompany the completed Work Authorization and is required for
payment. Upon determination of any violation of the specifications and/or terms of the
agreement, the City shall proceed with appropriate action.
17.3. Work Record Summary shall mean a written record detailing the times and locations of when
the successful Respondent and employees were on the job site performing Services A Work
Record Summary shall accompany all Invoices and Work Authorizations detailing dates,
times, and locations of when work was completed per Contract specifications. Invoices
without the supporting Work Authorization and Work Record Summary shall not be approved
for payment.
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INVITATION FOR BID (IFB)
CITY OF ROUND ROCK PURCHASING DEPARTMENT
221 E. Main Street
Round Rock, Texas 78664-5299
Responses are due to the Purchasing Department
at the above address by 3:00 PM, November 22, 2011.
Show solicitation opening date & solicitation number in lower left
hand comer of sealed response envelope with retum address of
responding firm.
Facsimile responses shall not be accepted
INVOICE TO:
CITY OF ROUND ROCK
ACCOUNTS PAYABLE
221 EAST MAIN STREET
ROUND ROCK, TEXAS 78664-5299
Respond F.O.B. Destination, Freight prepaid and allowed unless
otherwise specified below
DESTINATION:
CITY OF ROUND ROCK
VARIOUS LOCATIONS
By the signature hereon affixed, the respondent
hereby certifies that neither the respondent nor the
entity represented by the respondent, or anyone acting
for such entity has violated the antitrust laws of this
State, codified in Section 15.01 et seq., Texas
Business and Commerce Code, or the Federal
antitrust laws, nor communicated directly or indirectly,
the response made to any competitor or any other
person engaged in such line of business."
SOLICITATION NUMBER
12-001
SPECIFICATION NUMBER
988-36
DATED: OCTOBER 2011
Solicitation Information:
Ground Maintenance Services
Solicitation Number 12-001
Opening Date: 11/22/2011
Opening Time: 3:00 PM
Response Location:
221 E. Main Street
Purchasing Department
Round Rock, TX 78664
Retum signed one (1) original and three (3) copies of response.
Respondent shall sign below
Failure to sign response will disqualify response
Authorized Signature
Print Name
Date
RESPONDENT INFORMATION
TAX ID NO.:
LEGAL BUSINESS NAME:
ADDRESS:
CONTACT:
TELEPHONE NO:
BUSINESS ENTITY TYPE:
E-MAIL:
Respondent agrees to comply with all conditions set forth in this solicitation.
ITEMIZED
BID SHEET
FOLLOWS
SUPERSEDES SPECIFICATION
NO. 08-988-75; DATED: JANUARY 2008
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SOLICITATION NUMBER
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SPECIFICATION NUMBER
988-36
DATED: OCTOBER 2011
SOLICITATION INSTRUCTIONS
ITEMS BELOW APPLY TO AND BECOME A PART OF TERMS AND CONDITIONS OF SOLICITATION
ANY EXCEPTIONS THERETO MUST BE IN WRITING
1. SOUCITATION REQUIREMENTS:
1.1 Responding requires pricing per unit shown and extensions. If trade discount is shown on solicitation, it should be deducted and net line extensions shown.
Respondents guarantees product altered will meet or exceed specifications identified In this Invitation For Bid (IFS).
1.2 Sdicitations shall be submitted on Solicitation Sheet. Each response shall be placed in a separate envelope completely and properly identified. Responses must be in
the Purchasing Department before the hour and date specified on the solicitation.
1.3 Late responses properly identified will be returned b respondent unopened. Late responses wil not be considered.
1.4 Respond F.O.B. destination, freight, prepaid, & allowed unless otherwise specified on the sdicitation. If otherwise, show exact cost to deliver.
1.5 Response shaft show unit price on quantity and unit of measure specified, extension and show total. In case of errors in extension. unit prices shall govern. Responses
subject b -unlimited price increase will not be considered.
1.6 Submitted prices shall be fimh for acceptance 30 days from solicitation opening date. "Discount from List" responses are net acceptance unless requested. Cash
discount will not be considered in determining the tow response. AN cash discounts offered wit be taken if earned.
1.7 Responses shall give Tax Identification Number, full name and address of respondent Failure to sign wet disqualify response. Person signing response shall show title
and authority to bind signatories fere in an agreement. Firm name should appear on each page in the block provided in the upper right comer. Business Entity shall be
one (1) of the following: Individual, Partnership, Sde Proprietorship. Estate/Trust, Corporation, Governmental. Non-profit all others shall be specified. INDIVIDUAL List
name and number as shown on Social Security Card. SOLE PROPRIETORSHIP: List legal name followed by legal business name and Social Security Number. ALL
OTHERS: List legal name d entity and Tax Identification Number (TIN).
1.8 Responses cannot be altered or amended after opening time. Any Alterations made before opening time shall be initialed by respondent or an authorized agent No
response can be withdrawn after opening time without approval of the CITY based on a written acceptable reason.
1.9 The City is exempt from State Sales Tax and Federal Excise Tax. Do not include tax in response.
1.10 The City reserves the right to accept or reject all or any part of response, waive minor technicalities and award the response to beat serve the interests of the City. Split
awards may be made at the sole discretion of the City.
1.11 Consistent and continued tie responses could cause rejection of responses by the City and/or investigation for antitrust vitiations.
1.12 Telephone, facsimile, and electronically transmitted responses are not acceptable in response to the solicitation.
1.13 CAUTION: Solicitation invitation allows sufficient time for receipt of the preferred mail response. The City shall not be responsible for responses received late, illegide,
incomplete, or otherwise non-responsive.
2. SPECIFICATION:
2.1 Any catalog, brand name or manufacturer's reference used in the solicitation is descriptive only (not restrictive), and is used to indicate type and quality desired.
Responses on brands of like nature and quality will be considered unless advertised under the provisions of Section 252.022 of 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 response. If respondent takes
no exceptions to specifications or reference data in response, respondent will be required to fumish brand names, numbers, etc., as specified in the solicitation.
2.2 AN items on the solicitation shall be new, in first lass condition, inducing containers suitable for shipment and storage, unless otherwise indicated in the solicitation.
Verbal agreements to the contrary will not be recognized.
2.3 Samples, when requested, must be furnished free of expense to the City. If not destroyed in examination, they will be retumed to the respondent on request, at
respondent expense. Each example should be marked with respondents' name and address, City solicitation number and code. Do not enclose in or attach to response.
2.4 The City will not be bound by any oral statement or representation contrary to the written specifications of the solicitation.
2.5 Manufacturers standard warranty shall apply unless otherwise stated in the solicitation.
3. TIE RESPONSES: In case of tie responses, the award will be made in accordance with Section 271.901 of the Texas Local Govemment Code.
4. DELIVERY:
4.1 Response shall show number of days required to place material in City's designated location under normal conditions. Failure to state deliver time obligates respondent
to complete delivery In fourteen (14) calendar days. Unrealistically short or long delivery promises may cause response to be disregarded. Consistent failure to meet
delivery promises without valid reason may cause removal from Vendor Iist. (See 4.2 following.)
4.2 If delay is foreseen, Vendor shad give written notice to the City. The City has the right to extend delivery date if reasons appear valid. Vendor shah keep the City advised
at all limes d status of order. Default in promised delivery (without acceptable reasons) or failure to meet specifications, authorizes the City to purchase supplies
elsewhere and charge full increase, if any, in cost and handling to defaulting Vendor.
4.3 No substitutions or cancellations permitted without written approval of the City.
4.4 Delivery shall be made during normal working hours only, unless prior approval for late delivery has been obtained from the City, unless otherwise specified in the
solicitation.
5. INSPECTION AND TESTS: All goods wiN be subject to inspection and test by the City to the extent practicable at all times and places. Authorized City personnel shall have
access to any supplier's place of business for the purpose of inspecting merchandise. Tests may be performed on samples submitted with the response or on samples taken
from regular shipments. If the products tested fad 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 whde or in part, may. at the City's option, be returned b the Vendor or held for
disposition at Vendors risk and expense. Latent defects may result in revocation of acceptance.
6. AWARD OF AGREEMENT: A response to a soNrtifadon is an offer to contract with the City based upon the terns, conditions, and specifications contained in the solicitation.
Responses do not become agreements or purchase orders unless and until they are accepted by the City through its designates and an agreement or a purchase order is
Issued. The agreement or purchase order shad be governed, construed, and interpreted under the Charter of the City and the laws of State of Texas. AN agreements or
purchase orders are subject to the approval of the City Council or Manager.
7. PAYMENT: Vendor shah submit throe (3) copies of an invoice showing the agreement or purchase order number on all copies.
8. PATENTS AND COPYRIGHTS: The Respondent agrees to protect the City from claims nvddving infringements of patents or copyrights.
9. RESPONDENT ASSIGNMENTS: Respondent hereby assigns to the purchaser any and all claims for overcharges associated with Ids agreement which arise under the
antitrust laws d the State of Texas. TX, Bus. Md Comm. Code Ann. Sec. 15.01, et seq. (1987).
10. RESPONDENT AFFIRMATION:
10.1 Signing the response with a false statement is a material breach of agreement and shall void the submitted response or any resulting agreements, and the Respondent
shall be removed from all Vendor lists. By signature hereon effaced. the respondent hereby certifies that
10.2 The respondent has not given, offered to give. nor intends to give any time hereafter any economic opportunity, future employment, gift loan, gratuity, special discount
tip, favor, or service to a pubic servant in connection with the submitted response.
10.3 The respondent is not currently dednquent in the payment of any debt owed the City.
10.4 Neither the respondent nor the fon, corporation, partnership, or any entity represented by the respondent or anyone acing for such firm, corporation, or entity has
violated the antitrust laws d this State codified in Section 15.01 et Seq. Texas Business and Commercial Code, or the Federal Antitrust Laws, nor communicated directly
or indirectly the response made to any competitor, or any oiler person engaged in such line d business.
10.5 The respondent has not received compensation for participation in the preparation of the specifcadon for the solicitation.
11. NOTE TO RESPONDENTS: Any terms and conditions attached to response will not be considered unless the respondent spedicaNy references them on the front of the
response form. WARNING: Such temps and conditions may result in die r81Ncation of the response (e.g. responses with the laws d a state other than Texas requirements for
prepayment Limitations on remedies, etc.) The City of Round Rock can only accept responses which contain all the terns and conditions of b tonal solicitation; in particular.
all respondents' affirmations and certifications must be included. Submission of responses on forms other than City's fon may result in disqualification of your response.
12. INQUIRIES: Inquiries pertaining to Sdicitadon invitations must give Solicitation number, codes, and opening date.
SUPERSEDES SPECIFICATION
NO. 08-988-75; DATED: JANUARY 2008 13 of 14
Total Acres Per PRICE PER
Season ACRE
74.52
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North end of Greenlawn
500 Chisholm Trail
906 Round Rock Avenue
5
Drinkard's Landing
Windy Terrace & Greenlawn Place Park
Greater Lake Creek Park
Sonoma Greenbelt
Creekmont (W. CR.LP)
Greenlawn Park
Chisholm Trail Crossing Park & Greenbelt
Creekside Plaza Greenbelt
urounas MdlnLendnGC JCIn.ca *.Ry
PROJECT AREAS GROUP #1
Park Name Park Address Park Type
Linear Park / Linkages 1
Unear Park / Linkages
Neighborhood Park
Neighborhood Park
Community Parks
Linear Park / Linkages
Neighborhood Park
2607 Bradley Lane
Behrens Ranch / Wyoming Springs
950 East Bowman Road
Sandy Brook Drive & Haynie Bend
1300 Woods Boulevard
1001 Hidden Glen
Sam Bass Rd & Meadows Drive
Jester Farms
Behrens Ranch Park •• designated areas
Bowman Park
University Village Park
The Woods
Hidden Glen
Sam Bass Cemetery
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2
Total Acres Per PRICE PER
Season ACRE
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94.92
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Park Type
Linear Park / Linkages
Unear Park / Linkages
Linear Park / Linkages
Linear Park / Linkages
Linear Park / Unkages
Linear Park / Unkages
Unear Park / Linkages
Linear Park / Linkages
PROJECT AREAS G
Park Address
Georgetown & Highway 79 (Behind CVS)
1401 & 1501 Gattis School Road
81 Park Lane
Ravenwood
1006 Oakridge Drive
North end of Greenlawn
500 Chisholm Trail
906 Round Rock Avenue
Park Name
Drinkard's Landing
Windy Terrace & Greenlawn Place Park
Greater Lake Creek Park
Sonoma Greenbelt
Creekmont (W. CR.LP)
Greenlawn Park
Chisholm Trail Crossing Park & Greenbelt
Creekside Plaza Greenbelt
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SOLICITATION NUMBER
12-001
SPECIFICATION NUMBER
988-36
DATED: SEPTEMBER 2011
ATTACHMENT A
RESPONDENT'S REFERENCE SHEET
PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE
SOLICITATION NUMBER:
RESPONDENT'S NAME: DATE:
Provide the name, address, telephone number and point of contact of at least three (3) firms applicable to
Municipal and/or Govemment projects that have utilized similar service for at least two (2) years. City of
Round Rock references are not applicable. References may be checked prior to award. Any negative
responses received may result in disqualification of solicitation.
1. Company's Name
Name of Contact
Title of Contact
E -Mail Address
Present Address
City, State, Zip Code
Telephone Number
2. Company's Name
Name of Contact
Title of Contact
E -Mail Address
Present Address
City, State, Zip Code
Telephone Number
3. Company's Name
Name of Contact
Title of Contact
E -Mail Address
Present Address
City, State, Zip Code
Telephone Number
Fax Number: (
)
Fax Number: (
)
Fax Number. (
)
FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY
AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD.
SUPERSEDES SPECIFICATION
NO. 08-988-75; DATED: JANUARY 2008 14 of 14
ATTACHMENT B
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ATTACHMENT C
Respondent Questionnaire and Equipment List
For Solicitation #12-001
Grounds Maintenance Services
Name of Respondent:
Contact Name: E-mail/Phone:
Date Business Founded: Number of Full Time Employees:
Company -wide Daily Production Rate:
COMPANY'S TOTAL MONTHLY ACREAGE MAINTAINED + 30 DAYS = DAILY PRODUCTION RATE
List all equipment to be used for specified Project Areas. List of equipment should include year,
model, make and number of hours on all equipment to be used. The City has the right to inspect
all equipment, with adequate notice to the Respondent, dedicated for use on this project prior to
award of the bid. During inspection, the bidder shall have all equipment that is dedicated to the
project on hand or have original receipt of purchase or lease to show ownership.
Type of Equipment Year Make Model q of Hours
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:ehrens Ranch 18.35 Acres 11 locations;
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'accounts for lake /playground,
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ATTACHMENT D21
accounts for parking lot, playground, court)
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21. Veterans Park
ATTACHMENT A
CITY OF ROUND ROCK
INSURANCE REQUIREMENTS
1. INSURANCE: The Vendor 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.
1.1. Certificates of Insurance and endorsements shall be furnished to the City and approved
by the City before work commences.
1.2. The following standard insurance policies shall be required:
1.2.1. General Liability Policy
1.2.2. Automobile Liability Policy
1.2.3. Worker's Compensation Policy
1.3. The following general requirements are applicable to all policies:
1.3.1. Only insurance companies licensed and admitted to do business in the State of
Texas shall be accepted.
1.3.2. Deductibles shall be listed on the Certificate of Insurance and are acceptable
only on a per occurrence basis for property damage only.
1.3.3. Claims made policies shall not be accepted, except for Professional Liability
Insurance.
1.3.4. Upon request, certified copies of all insurance policies shall be furnished to the
City
1.3.5. Policies shall include, but not be limited to, the following minimum limits:
1.3.5.1. Minimum Bodily Injury Limits of $300,000.00 per occurrence.
1.3.5.2. Property Damage Insurance with minimum limits of $50,000.00 for
each occurrence.
1.3.5.3. Automobile Liability Insurance for all owned, non -owned, and hired
vehicles with minimum limits for Bodily Injury of $100,000.00 each
person, and $300,000.00 for each occurrence, and Property
Damage Minimum limits of $50,000.00 for each occurrence.
1.3.5.4. Statutory Worker's Compensation Insurance and minimum
$100,000.00 Employers Liability Insurance.
1.3.6. Coverage shall be maintained for two years minimum after the termination of the
Contract.
1.4. 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 Vendor 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.
1.5. Vendor 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:
1.5.1. Provide for an additional insurance endorsement clause declaring the Vendor's
insurance as primary.
1.5.2. Name the City and its officers, employees, and elected officials as additional
insured's, (as the interest of each insured may appear) as to all applicable
coverage.
1.5.3. Provide thirty days notice to the City of cancellation, non -renewal, or material
changes
1.5.4. Remove all language on the certificate of insurance indicating:
1.5.4.1.
That the insurance company or agent/broker shall endeavor to notify
the City; and,
1.5.4.2. Failure to do so shall impose no obligation of liability of any kind
upon the company, its agents, or representatives.
1.5.5. Provide for notice to the City at the addresses listed below by registered mail:
1.5.6. Vendor agrees to waive subrogation against the City, its officers, employees,
and elected officials for injuries, including death, property damage, or any other
foss to the extent same may be covered by the proceeds of insurance.
1.5.7. Provide that all provisions of this contract conceming 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.
1.5.8. 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.
1.5.9. Vendor 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.
1.5.10. All notices shall be mailed to the City at the following addresses:
Assistant City Manager
City of Round Rock
221 East Main
Round Rock, TX 78664-5299
City Attorney
City of Round Rock
309 East Main
Round Rock, TX 78664
6. WORKERS COMPENSATION INSURANCE
6.1. Texas Labor Code, Section 406.098 requires workers' compensation insurance coverage
for all persons providing services on building or construction projects for a govemmental
entity.
6.1.1. 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, 1WCC-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.
6.1.2. Duration of the project - indudes 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.
6.2. Persons providing services on the project ("subcontractor") in Section 406.096 - indudes
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 fumishes 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.
6.3. The CONTRACTOR shall provide coverage, based on proper reporting of dassification
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.
6.4. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being
awarded the contract.
6.5. 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.
6.6. The CONTRACTOR shall obtain from each person providing services on a project, and
provide to the OWNER:
6.6.1. 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
6.6.2. 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.
6.7. The CONTRACTOR shall retain all required certificates of coverage for the duration of
the project and for one year thereafter.
6.8. 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.
6.9. 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.
6.10. The CONTRACTOR shall contractually require each person with whom it contracts to
provide services on a project, to:
6.10.1. provide coverage, based on proper reporting of dassification 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;
6.10.2. 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;
6.10.3. 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;
6.10.3.1. obtain from each other person with whom it contracts, and provide to
the CONTRACTOR:
6.10.3.1.1.
6.10.3.1.2.
a certificate of coverage, prior to the other person
beginning work on the project; and
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
6.10.3.2. retain all required certificates of coverage on file for the duration of
the project and for one year thereafter,
6.10.3.3. 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
6.10.3.4. 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.
6.10.3.5. By signing the solicitation associated with this specification, 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.
6.10.3.6. 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.
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INVITATION FOR BID (IFB)
CITY OF ROUND ROCK PURCHASING DEPARTMENT
221 E. Main Street
Round Rock, Texas 78664-5299
Responses are due to the Purchasing Department
at the above address by 3:00 PM, November 22. 2011.
Show solicitation opening date & solicitation number in lower left
hand comer of sealed response envelope with retum address of
responding firm.
Facsimile responses shall not be accepted
INVOICE TO;
CITY OF ROUND ROCK
ACCOUNTS PAYABLE
221 EAST MAIN STREET
ROUND ROCK, TEXAS 78664-5299
Respond F.O.B. Destination, Freight prepaid and allowed unless
otherwise specified below
DESTINATION:
CITY OF ROUND ROCK
VARIOUS LOCATIONS
"By the signature hereon affixed. the respondent
hereby certifies that neither the respondent nor the
entity represented by the respondent, or anyone acting
for such entity has violated the antitrust laws of this
State. codified in Section 15.01 et seq., Texas
Business and Commerce Code. or the Federal
antitrust Iaws, nor communicated directly or indirectly,
the response made to any competitor or any other
person engaged in such line of business."
SOLICITATION NUMBER
12-001
SPECIFICATION NUMBER
988-38
DATED: OCTOBER 2011
Solicitation Information:
Ground Maintenance Services
Solicitation Number
Opening Date:
Opening Time:
Response Location:
221 E. Main Street
Purchasing Department
Round Rock, TX 78664
12-001
11/22/2011
3:00 PM
Return signed one (1) original and three (3) copies of response.
Respondent shall sign below
Failure to si respons will disqualify response
Authorized Sign Date
Print Name
RESPONDENT INFORMATION
TAX ID NO.: 9..".1 _ j saa4,7
LEGAL BUSINESS NAME:S Tc - BSc �r✓EGGS
ADDRESS: off i aj Qt S S �t w td/ /d' %S y
eat)/
CONTACT: Ch rl S e kod, S
TELEPHONE NO: 514 — r 3 Li -e) 411
BUSINESS ENTITY TYPE: 1 P
E-MAIL: G r hoeie.4. Co' Surf -e r+ t a.+c) %cive . cvvvv
Respondent agrees to compy with an conditions set forth in this solicitation.
ITEMIZED
BID SHEET
FOLLOWS
SUPERSEDES SPECIFICATION
NO. 08-988-75: DATED: JANUARY 2008 12 of 14
r e
SOLICITATION NUMBER
12-001
SPECIFICATION NUMBER
988-36
DATED: SEPTEMBER 2011
ATTACHMENT A
RESPONDENT'S REFERENCE SHEET
PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE
SOLICITATION NUMBER: I . OO
RESPONDENT'S NAME: SIu.nTerr'a` LondSeapc. DATE: ilia.r/�/
Provide the name, address, telephone number and point of contact of at least three (3) firms applicable to
Municipal and/or Govemment projects that have utilized similar service for at least two (2) years. City of
Round Rock references are not applicable. References may be checked prior to award. Any negative
responses received may result in disqualification of solicitation.
1. Company's Name
Name of Contact
Title of Contact
E -Mail Address
Present Address
City, State, Zip Code
Telephone Number
2. Company's Name
Name of Contact
Title of Contact
E -Mail Address
Present Address
City, State, Zip Code
Telephone Number
3. Company's Name
Name of Contact
Title of Contact
E -Mail Address
Present Address
City, State, Zip Code
Telephone Number
De 1 t com pw+cr
SGt
rtGl
Fat; }. 4t c5 111c, nv e r— (D i Jens tai
Set Adect _ j — rod,r13µce d��r�e�,�.. �•-,
1 Oen Jlu.Y
eo a 04C,1 ec)f, k. roc. 71,ts y
( SIS- ) t y(, _ eiir7 Fax Number:
e47 0i Geo,;Sc;-o ✓1 Parks Oep4
��Ais stzti t- 0,,.A (tea.
e . . Nt1YWe-11; (yowl/ . o126
(lot N,e-n-t Coati. 1.4yee.-t
JeoMC!oa. tin 7X TA'62.4.
(512. ) ct3V -r 35-2 3 Fax Number: (f 12. ) 930 .. 3 5Z6
gide- ha..se. (fl( .Q
eectltc` ReSee+S
V te.e.- `f rest der%+ o F MUD 'a Oa¢.b
C:rober4@ Cbkn 14ra . toM
&l«.k tltuse_ , ce4- PA -k
C- dai P -Tik 7A6Y/
(SI,, ) (0 33- 'i' ac Fax Number: (5 ;)- )769- YYS(..
FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY
AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD.
SUPERSEDES SPECIFICATION
NO. 08-988-75. DATED JANUARY 2008 14 of 14
r
ATTACHMENT B
Name of Respondent:
1/4
4
•
1-
9
Qs
1
1
ATTACHMENT C
Respondent Questionnaire and Equipment List
For Solicitation #12-001
C Grounds Maintenance Services
Name of Respondent: 3Lt v T•c rrr.^_ land Stye.. .Y r✓i C e- 5
Contact Name: ehri , etIode- E-mail/Phone: crl,ocics sun-ferizt_lGndtr..ev ,eom
Date Business Founded: 3- (- Iri g S Number of Full Time Employees: 07S0
Company -wide Daily Production Rate: 600
COMPANY'S TOTAL MONTHLY ACREAGE MAINTAINED + 30 DAYS = DAILY PRODUCTION RATE
List all equipment to be used for specified Project Areas. List of equipment should include year,
model, make and number of hours on all equipment to be used. The City has the right to inspect
all equipment, with adequate notice to the Respondent, dedicated for use on this project prior to
award of the bid. During inspection, the bidder shall have all equipment that is dedicated to the
project on hand or have original receipt of purchase or lease to show ownership.
Type of Equipment
Year Make Model 4 of Hours
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