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R-13-05-23-G7 - 5/23/2013RESOLUTION NO. R -13-05-23-G7 WHEREAS, the City of Round Rock has duly advertised for bids to purchase certain on-site services in the nature of general building construction trades services (roofing) to be performed on and in various commercial and residential City -owned or City -occupied buildings on a directed as -needed basis, and for associated goods and services; and WHEREAS, Texas Roofing Co., LP has submitted the lowest responsible bid; and WHEREAS, the City Council wishes to accept the bid of Texas Roofing Co., LP, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Purchase of General Building Construction Trades Services (Roofing Trade) From Texas Roofing Co., LP, a copy of said Agreement being attached hereto as Exhibit "A" and incorporated herein. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 23rd day of May, 2013. ALam t'� AN MCGRAW, Mayor City of Round Rock, Texas ATTEST: SARA L. WHITE, City Clerk O:\wdox\SCClnts\0112\ 1304\MUMCIPAL\00274574.D0C EXHIBIT "A„ CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF GENERAL BUILDING CONSTRUCTION TRADES SERVICES (ROOFING TRADE) FROM TEXAS ROOFING CO., LP THE STATE OF TEXAS § CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § COUNTY OF TRAVIS This Agreement for on-site services in the nature of general building construction trades services (roofing) to be performed on and in various commercial and residential City -owned or City -occupied buildings on a directed as -needed basis, and for related goods and services, referred to herein as the "Agreement," is made and entered into on this the day of the month of , 2013, by and between the CITY OF ROUND ROCK, TEXAS, a home -rule municipality whose offices are located at 221 East Main Street, Round Rock, Texas 78664, referred to herein as the "City," and TEXAS ROOFING CO., LP, whose address is Post Office Box 80798, Austin, Texas 78708, Attention: Rick Birkman, referred to herein as "Texas Roofing." This Agreement supersedes and replaces any previous agreements between the named parties, whether oral or written, and whether or not established by custom and practice. RECITALS: WHEREAS, City desires to purchase certain on-site services in the nature of general building constriction trades services (roofing) to be performed on and in various commercial and residential City -owned or City -occupied buildings on a directed as -needed basis, and associated goods and services, and City desires to purchase same from Texas Roofing; and WHEREAS, City has issued its "Invitation for Bid" for the provision of said goods, and City has selected the bid submitted by Texas Roofing; and WHEREAS, the parties desire to enter into this Agreement to set forth in writing their respective rights, duties, and obligations; NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties mutually agree as follows: 1.01 DEFINITIONS A. Agreement means the binding legal contract between City and Texas Roofing whereby City is obligated to buy specified services and Texas Roofing is obligated to sell same. The Agreement includes the following: (a) City's Invitation for Bid designated Solicitation 270987/ikg Number 13-013, Specification Number 13-910-66; (b) Texas Roofing's Response to IFB; (c) contract award; and (d) any exhibits, addenda, and/or amendments thereto. Any inconsistencies or conflicts in the contract documents shall be resolved by giving preference in the following order: (1) This Agreement; (2) Texas Roofing's Response to IFB; (3) City's Invitation for Bids, exhibits, and attachments. B. City means the City of Round Rock, Williamson and Travis Counties, Texas. C. Effective Date means the date upon which the binding signatures of both parties to this Agreement are affixed. D. Force Majeure means acts of God, strikes, lockouts, or other industrial disturbances, acts of the public enemy, orders of any kind from the government of the United States or the State of Texas or any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, restraint of the government and the people, civil disturbances, explosions, or other causes not reasonably within the control of the party claiming such inability. E. Goods and services mean the specified services, supplies, materials, commodities, or equipment. F. Texas Roofing means Texas Roofing Co., LP, or any of its successors or assigns. 2.01 EFFECTIVE DATE, INITIAL TERM, AND ALLOWABLE RENEWALS A. This Agreement shall be effective on the date it has been signed by both parties hereto, and shall remain in full force and effect unless and until it expires by operation of the term stated herein, or until terminated or extended as provided herein. B. The term of this Agreement shall be for three (3) consecutive twelve-month periods from the effective date hereof. After that term, this Agreement may be renewed for successive terms of twelve (12) months each, not to exceed in the aggregate two (2) such renewals, with such renewals to occur on or before the expiration date of the preceding term, and with such renewals being absolutely predicated upon the express written agreement of both parties. Such renewals are permitted only provided Texas Roofing has performed each and every contractual obligation specified in this original Agreement. C. Prices shall be f rin 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 "'unit price" adjustments upwards only in accordance with Part 1, Item 9 of City's Invitation for Bid included as a part of Exhibit "A," attached hereto and 2 incorporated herein by reference for all purposes. Any price increase shall be requested by Texas Roofing in writing and accompanied by the appropriate documentation to justify the requested increase. Texas Roofing may offer price decreases at any time and in excess of any allowable percentage changes. D. City reserves the right to review the relationship at any time, and may elect to terminate this Agreement with or without cause or may elect to continue. 3.01 CONTRACT DOCUMENTS AND EXHIBITS City selected Texas Roofing to supply the services as outlined in IFB Solicitation Number 13-013, Specification Number 13-910-66; and Response to IFB submitted by Texas Roofing, all as specified in Exhibit "A." The intent of these documents is to formulate an Agreement listing the responsibilities of both parties as outlined in the IFB and as offered by Texas Roofing in its Response to the IFB. The services which are the subject matter of this Agreement are described in Exhibit "A" and, together with this Agreement, comprise the total Agreement and they are fully a part of this Agreement as if repeated herein in full. 4.01 INITIAL RESORT TO PRIMARY PROVIDER, AND SUBSEQUENT RESORT TO SECONDARY PROVIDER; MANDATES FOR PROVISION OF GOODS AND SERVICES A. Initial Resort to Primary Provider, and Subsequent Resort to Secondary Provider. The parties specifically acknowledge and agree as follows: Texas Roofing shall be considered as one of two providers of the specified goods and services, and shall be considered the secondary provider. City may, in its sole and unfettered discretion, elect to seek goods from either one of the two providers. Should the primary provider contacted not be able to fulfill the order in strict accordance with the mandates of this Agreement, then and in that event the remaining provider may be considered "best value" and be contacted to provide the goods as a secondary provider. Texas Roofing specifically further acknowledges and agrees as follows: This Agreement is not an exclusive agreement. City may, in its sole and unfettered discretion, elect to use either of the two providers in whatever order it deems most advantageous to City's purposes. City may, in its sole and unfettered discretion, elect to use any other providers. City is not obligated to use or purchase any estimated annual quantity of goods, and no guarantee is made of any minimum or maximum purchase. B. Mandates for Provision of Goods and Services — Emergency Service Calls. "Texas Roofing specifically further acknowledges and agrees as follows: Texas Roofing shall maintain regular business hours from 7:00 am to 6:00 pm Monday through Friday, and shall be available for emergency service calls on a 24/7 basis with a maximum two (2) hour response time. Texas Roofing shall provide City with a 24-hour emergency contact telephone number connected with, at minimum, a voice mail paging system outside of regular business hours. City shall make a notification call to Texas Roofing by telephone with emergency instructions when City has designated an emergency service call situation. In the event that Texas Roofing does not answer the telephone and/or return City's notification voicemail within thirty (30) minutes of initial placement of call by City, then and in that event City may contact and place the order with another provider as provided above. Non -answer of notification call may result in City declaring Texas Roofing to be non-compliant with the order and tinder this Agreement; non -returned voicemail within thirty (30) minutes may result in City declaring Texas Roofing to be non-compliant with the order and under this Agreement. The legal definition under this Agreement of "repeated non-compliance" shall mean three (3) incidents, either sequential or not, of non-compliance as delineated in this paragraph within a period of six (6) consecutive months. Repeated non-compliance may result, at City's sole discretion, in cancellation of this Agreement in whole or in part. When City has notified Texas Roofing of an emergency service call situation, Texas Roofing shall have trained personnel on-site within two (2) hours of City's notification. If the ordered goods and services are not delivered on-site or in -hand to City strictly within the timeframe specified in this Agreement, then and in that event Texas Roofing may be deemed to be non-compliant with the order and its "best value" designation suspended as to that order, and City shall be free to procure the goods and services elsewhere from another provider or from a different source. Mandates for Provision of Goods and Services — Non -Emergency Service Calls. Texas Roofing specifically further acknowledges and agrees as follows: City shall make a notification call to Texas Roofing by telephone with non -emergency instructions when City has designated a non -emergency service call situation. In the event that Texas Roofing does not answer the telephone and/or return City's notification voicemail within twenty-four (24) hours of initial placement of call by City, and provide a written estimate within forty-eight (48) hours of initial placement of call by City, and guarantee that work will be initiated within five (5) days of City's initial request, then and in that event City may contact and place the order with another provider as provided above. Non -answer of notification call may result in City declaring Texas Roofing to be non-compliant with the order and under this Agreement; non -returned voicemail within twenty-four (24) hours may result in City declaring Texas Roofing to be non-compliant with the order and under this Agreement. The legal definition under this Agreement of "repeated non-compliance" shall mean three (3) incidents, either sequential or not, of non-compliance as delineated in this paragraph within a period of six (6) consecutive months. Repeated non-compliance may result, at City's sole discretion, in cancellation of this Agreement in whole or in part. S When City has designated a non -emergency service call situation, Texas Roofing shall fulfill in full the non -emergency order within the dates and times specified by City. Driving distance from City's location to Texas Roofing shall not exceed 35 miles. If the ordered goods and services are not delivered on-site or in -hand to City strictly within the timeframes specified in this Agreement, then and in that event Texas Roofing may be deemed to be non-compliant with the order and its "best value" designation suspended as to that order, and City shall be free to procure the goods elsewhere from another provider or from a different source. 5.01 ITEMS AWARDED Only if, as, and when needed by City, roofing services are awarded to Texas Roofing in accordance with bid items #1 through and including #4 shown on Exhibit "A," as follows: Roofer Regular Hourly Labor Rate Overtime Hourly Labor Rate Materials (if on Cost -Plus basis) Percentage Markup 6.01 COSTS $49.00 (2 minimum hours) $50.00 (no minimum hours) 4% Texas Roofing specifically acknowledges and agrees that City is not obligated to use any estimated annual quantity of services, and City may not expend in excess of $15,000.00 in payment of such services per single job performed during the initial term of this Agreement. Only if, as, and when needed by City, the bid costs listed on Exhibit "A," which are specifically relevant to the referenced bid items, shall be the basis of any charges collected by Texas Roofing. 7.01 INVOICES All invoices shall include, at a minimurn, the following information: A. Name and address of Texas Roofing; B. Purchase Order Number; C. Description and quantity of items received; and D. Delivery dates. 8.01 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 27 1. 101 and Section 271.102. Other governmental entities within the State of Texas may be extended the opportunity to purchase off of the City 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. 9.01. 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 Texas Roofing a written notice of termination at the end of its then -current fiscal year. 10.01 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be made by City to Texas Roofing 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. Texas Roofing 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: A. There is a bona fide dispute between City and Texas Roofing, a contractor, subcontractor, or supplier about the goods delivered or the service performed that causes the payment to be late; or B. There is a bona fide dispute between Texas Roofing 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 C. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or D. The invoice is not mailed to City in strict accordance with any instruction on the purchase order relating to the payment. 11.01 GRATUITIES AND BRIBES City may, by written notice to Texas Roofing, cancel this Agreement without incurring any liability to Texas Roofing if it is determined by City that gratuities or bribes in the form of entertainment, gifts, or otherwise were offered or given by Texas Roofing or its agents or n representatives to any City officer, employee or elected representative with respect to the performance of this Agreement. In addition, Texas Roofing may be subject to penalties stated in Title 8 of the Texas Penal Code. 12.01 TAXES City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be included in Texas Roofing's charges. 13.01 ORDERS PLACED WITH ALTERNATE VENDORS If Texas Roofing cannot provide the services as specified, City reserves the right and option to obtain same from another source or supplier(s). 14.01 INSURANCE Texas Roofing shall meet all requirements as stated in the attached IFB Solicitation Number 13-013 (including all attachments and exhibits), and its bid response. 15.01 CITY'S REPRESENTATIVE City hereby designates the following representative(s) authorized to act in its behalf with regard to this Agreement: Pete Dominguez, Facilities Manager City of Round Rock 212 Commerce Cove Round Rock, TX 78664 512-341-3144 pdominguez@roundrocktexas.gov 16.01 RIGHT TO ASSURANCE Whenever either party to this Agreement, in good faith, has reason to question the other party's intent to perform hereunder, then demand may be made to the other party for written assurance of the intent to perform. In the event that no written assurance is given within the reasonable time specified when demand is made, then and in that event the demanding party may treat such failure as an anticipatory repudiation of this Agreement. 17.01 DEFAULT If Texas Roofing abandons or defaults hereunder and is a cause of City purchasing the specified services elsewhere, Texas Roofing 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 bids for the same type of work unless the scope of work is significantly changed. 7 Texas Roofing shall be declared in default of this Agreement if it does any of the following: A. Fails to make any payment in full when due; B. Fails to fully, timely and faithfully perform any of its material obligations hereunder; C. Fails to provide adequate assurance of performance under the "Right to Assurance" section herein; or D. Becomes insolvent or seeks relief under the bankruptcy laws of the United States. 18.01 TERMINATION AND SUSPENSION A. City has the right to terminate this Agreement, in whole or in part, for convenience and without cause, at any time upon thirty (30) days' written notice to Texas Roofing. B. In the event of any default by Texas Roofing, City has the right to terminate this Agreement for cause, upon ten (10) days' written notice to Texas Roofing. C. Texas Roofing has the right to terminate this Agreement only for cause, in the event of material and substantial breach by City, or by written mutual agreement to terminate. D. In the event City terminates under subsections (A) or (B) of this section, the following shall apply: Upon City's delivery of the referenced notice to Texas Roofing, Texas Roofing shall discontinue all services in connection with the performance of this Agreement and shall proceed to cancel promptly all existing orders and contracts insofar- as such orders and contracts are chargeable to this Agreement. Within thirty (30) days after such notice of termination, Texas Roofing shall submit a statement showing in detail the goods and/or services satisfactorily performed under this Agreement to the date of termination. City shall then pay Texas Roofing that portion of the charges, if undisputed. The parties agree that Texas Roofing is not entitled to compensation for services it would have performed under the remaining term of the Agreement except as provided herein. 19.01 INDEMNIFICATION Texas Roofing shall defend (at the option of City), indemnify, and hold City, its successors, assigns, officers, employees and elected officials harmless from and against all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and any and all other costs or fees arising out of, or incident to, concerning or resulting from the fault of Texas Roofing, or Texas Roofing's agents, employees or subcontractors, in the performance of Texas Roofing's obligations under this Agreement, no matter how, or to whom, such loss may occur. Nothing herein shall be deemed to limit the rights of City or Texas Roofing (including, 8 but not limited to the right to seek contribution) against any third party who may be liable for an indemnified claim. 20.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES Texas Roofing, its agents, employees and subcontractors shall use best efforts to comply with all federal and state laws, City's Charter and Ordinances, as amended, and with all applicable rules and regulations promulgated by local, state and national boards, bureaus and agencies. 21.01 ASSIGNMENT AND DELEGATION The parties hereby bind themselves, their successors, assigns and legal representatives to each other with respect to the terms of this Agreement. Neither party shall assign, sublet or transfer any interest in this Agreement without prior written authorization of the other party. 22.01 NOTICES All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows: A. When delivered personally to recipient's address as stated in this Agreement; or B. Three (3) days after being deposited in the United States mail, with postage prepaid to the recipient's address as stated in this Agreement. Notice to Texas Roofing: Mr. Rick Birkman Texas Roofing Co., LP Post Office Box 80798 Austin, TX 78708 Notice to City: Steve Norwood, City Manager 221 East Main Street AND TO: Round Rock, TX 78664 Stephen L. Sheets, City Attorney 309 East Main Street Round Rock, TX 78664 Nothing contained herein shall be construed to restrict the transmission of routine communications between representatives of City and Texas Roofing. 23.01 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 N 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. 24.01 EXCLUSIVE AGREEMENT This document, and all appended documents, constitutes the entire Agreement between Texas Roofing 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. 25.01 DISPUTE RESOLUTION City and Texas Roofing 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. 26.01 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 such 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 to be void. 27.01 MISCELLANEOUS PROVISIONS Standard of Care. Texas Roofing 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. Texas Roofing understands and agrees that time is of the essence and that any failure of Texas Roofing to fulfill obligations for each portion of this Agreement within the agreed timeframes will constitute a material breach of this Agreement. Texas Roofing 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 Texas Roofing'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. 10 Force Majcure. Neither City nor Texas Roofing 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 Texas Roofing have executed this Agreement on the dates indicated. City of Round Rock, Texas By: Printed Name: Title: Date Signed: For City, Attest: By: Sara L. White, City Clerk For City, pp oved as to Fo- L - rm By: Stephan L. beets, City Attorney Texas 12oofing Co., LP By: Printed arae: .¢VIA r✓/f/V'62F- Title: V _ Date Signed: o u.� SOLICITATION NUMBER 13-013 SPECIFICATION NUMBER 13-910-66 CITY OF ROUND ROCK INVITATION FOR BID ROOFING SERVICES PART I GENERAL 1. PURPOSE: The City of Round Rock, herein after "City", seeks an agreement with a qualified Individual, Firm, or Corporation, hereafter referred to as "Respondent", to provide on-site Roofing Services for various commercial and residential City owned or occupied buildings on an as needed basis. The City intends to award one primary contract and one secondary contract based on the Best Value for the City. The secondary Successful Respondent will be used if the primary Successful Respondent cannot provide the service within the requested timeframe. 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 hftp:liwww.roundrocktexas.gov/homelindex.asp?paqe=463. 2.1. Any acceptance to or additional terms and conditions attached to the response will not be considered unless Respondent specifically references them on the front of the Solicitation Document. WARNING: Exception to or additional terms and conditions may result in disqualification of the response. 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 hftp:llwww.rou nd rocktexas.-gov/home/index.asp?paqe=463. 4. ATTACHMENTS: Attachment A is herein made a part of this solicitation: 4.1. Attachment A: Reference Sheet 5. CLARIFICATION: For questions or clarifications of specifications, you may contact: Deborah Knutson, CPPB Purchasing Department City of Round Rock Telephone: 512-218-5456 dknutson@roundrocktexas.gov 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 Department. REQUIREMENTS: The opening of a solicitation shall not be construed as the City's acceptance of such as qualified and responsive. All Respondents shall: EXHIBIT "T ll 1 of 11 L [� SOLICITATION NUMBER 13-013 SPECIFICATION NUMBER 13-910-66 6.1. Be firms, corporations, individuals or partnerships normally engaged in the sale and distribution of commodity or provision of the services as specified herein; 6.2. Have adequate organization, facilities, equipment and personnel to ensure prompt and efficient service to the City; 6.3. In order to assure the City does not encounter shipping delays, service delays or other unforeseen problems that can occur with out of area or foreign Vendors, Respondent shall be located within: W35 Miles from Round Rock, Texas 78681 120 Miles from Round Rock, Texas 78681 United States 6.4. SUBCONTRACTORS: Respondent shall not sublet projects out to a Third Party. The City seeks to do business directly with a skilled Roofer who will remain on site for the duration of the project or assign a designated skilled Roofer on staff to be the City's primary point of contact. 6.6. Provide the name, address, telephone number and E-MAIL of at least FIVE (5) firms applicable to Municipal and / or Government projects that have utilized similar service within the last 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. BEST VALUE EVALUATION AND CRITERIA: All solicitations received may be evaluated based on the best value for the City. In determining best value, the City may consider: 7.1. Purchase price; 7.2. Reputation of Respondent and of Respondent's goods and services; 7.3. Quality of the Respondent's goods and services; 7.4. The extent to which the goods and services meet the City's needs; 7.5. Respondent's past relationship with the City; 7.6. The total long-term cost to the City to acquire the Respondent's goods or services; 7.7. Any relevant criteria specifically listed in the solicitation. The City reserves the right to reject any or all responses, or delete any portion of the response, or to accept any response deemed most advantageous, or to waive any irregularities or informalities in the response received that best serves the interest and at the sole discretion of the City. AGREEMENT TERM: The terms of the awarded agreement shall: 8.1. The initial term of the resulting agreement shall be three (3) consecutive twelve (12) month periods 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 prior to the expiration of the current term. 8.2. The City reserves the right to review the Respondents' performance at the end of each twelve (12) month period and cancel all or part of the agreement(s) or continue the agreement(s) through the next period. 8.3. If the Respondent fails to perform its duties in a reasonable and competent manner, the City shall give written notice the Respondent of the deficiencies and the Respondent shall have 2of11 SOLICITATION NUMBER 13-013 SPECIFICATION NUMBER 13-910-66 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. 8.4. If the agreement is terminated, for any reason, the Respondent shall turn over all records, to include but not be limited to the following: records of repairs, services, deliveries, and replacement parts, to the City within fifteen (15) working days after completion of duties contained in the agreement. 9. PRICE INCREASE: A price increase to the agreement may be considered at renewal time each year. The price increase shall be equal to the consumer price index for that year. 9.1. PROCEDURE TO REQUEST INCREASE. 9.1.1. Mail the price increase request to the designated City Contract Specialist a minimum of 120 days prior to each renewal period. City of Round Rock Purchasing Department ATTN: Contract Specialist 221 E. Main Street Round Rock, Texas 78664-5299 9.1.2. Upon receipt of the request, the City reserves the right to either: accept the escalation and make change to the purchase order within 30 days of the request, negotiate with the Vendor or cancel the agreement or purchase order if an agreement cannot be reached on the value of the increase. 10. AWARD: The City reserves the right to enter into an agreement or a purchase order with a single award, split awards, primary and secondary awards, non -award, or use any combination that best serves the interest and 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 http•/lwww roundrocktexas.govlhomelindex.asp?page=463. 11. ACCEPTANCE: Acceptance inspection and tests should not take more than five (5) working days. The Vendor will be notified within this time frame if the service performed is not in full compliance with the specifications. If any agreement or purchase order is canceled for non-acceptance, the needed service may be purchased elsewhere and the Vendor may be charged full increase, if any, in cost and handling. 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 that which is permitted by Texas law) for payments not made in accordance with this prompt payment policy; however, this policy does not apply to payments made by the City in the event: 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. The is a bona fide dispute between the Vendor and a Subcontractor or between a Subcontractor and its suppliers concerning supplies, material, or equipment delivered or the services performed which caused the payment to be late; or 3 of 11 SOLICITATION NUMBER 13-013 SPECIFICATION NUMBER 13-910-66 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 governing body of the City does not appropriate funds sufficient to purchase the estimated yearly quantities, as determined by the City's budget for the fiscal year in question. The City may affect such termination by giving Vendor a written notice of termination at the end of its then current fiscal year. 14. INTERLOCAL COOPERATIVE CONTRACTING (PIGGYBACK): Other governmental entities may be extended the opportunity to purchase off of the City's Agreements, with the consent and agreement of the awarded Vendor(s) and the City. Such consent and agreement shall be conclusively inferred from lack of exception to this clause in a Respondent's submittal. However, all parties indicate their understanding and hereby expressly agree that the City is not an agent of, partner to, or representative of those outside agencies or entities and that the City is not obligated or liable for any action or debts that may arise out of such independently -negotiated "piggyback" procurements. PART II SCHEDULE SOLICITATION SCHEDULE: It is the City's intention to comply with the following solicitation timeline: 1.1. Solicitation released December 1, 2012 1.2. Deadline for questions December 11, 2012 1.3. City responses to all questions or addendums December 13, 2012 1.4. Responses for solicitation due by 3:00 PM December 18, 2012 1.5. Oral Presentation (if necessary) TBD All questions regarding the solicitation shall be submitted in writing by 5:00 PM on the due date noted in PART II, Paragraph 1, Sub -Paragraph 1.2. A copy of all the questions submitted and the City's response to the questions shall be posted on our webpage, http://www.roundrocktexas.gov/home/index.asp?page=463. Questions shall be submitted to the City contact named in PART I, Paragraph 5. The City reserves the right to modify these dates. Notice of date change will be posted to the City's website. **********************SOLICITATION UPDATES*********************** 2. SOLICITATION UPDATES: Respondents shall be responsible for monitoring the City's website at http:llwww roundrocktexas.aov/home/index.asp?page=463 for any updates pertaining to the solicitation described herein. Various updates may include addendums, cancelations, notifications, and any other pertinent information necessary for the submission of a correct and accurate response. The City will not be held responsible for any further communication beyond updating the website. 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: 4 of 11 SOLICITATION NUMBER 13-013 SPECIFICATION NUMBER. 13-910-66 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. 3.5. Responses cannot be altered or amended after opening. 3.6. No response can be withdrawn after opening without written approval from the City for an acceptable reason. 3.7. The City will not be bound by any oral statement or offer made contrary to the written specifications 4. PRE AWARD MEETING: Respondents and their designated contact persons may be required to make an oral presentation to the selection team to further present their qualifications. This meeting shall be used to provide a mutual understanding of the services to be provided. 5. POST AWARD MEETING: The City and Respondent shall have a post award meeting to discuss, but not be limited to the following: 5.1. Provide City contact information for implementation of agreement. 5.2. Agreement terms and conditions. 5.3. Identify specific milestones, goals and strategies to meet objectives. PART III SPECIFICATIONS 1. HISTORY: The City has approximately 700,000 square feet of maintained property and occupies approximately 46 facilities. The buildings consist of both commercial and residential type structures. Facilities maintained vary and can include but are not limited to office buildings, Police department, fire stations, parks facilities and parking garages. • Projects vary and are under the supervision of the City's designated representative: Pete Dominguez, Facilities Manager Phone #: 512-341-3144 2. SCOPE OF WORK: The Successful Respondent shall provide on-site services including all materials and labor necessary to perform maintenance, repair, renovations, installation or alteration for various City owned or occupied locations on an as needed basis for Roofing Services. Services shall consist of repairs and miscellaneous projects costing $ 15,000.00 and under. Services performed shall require prior authorization from the City's Facility Maintenance Department. Only services meeting the herein mentioned specifications on workmanship (See PART III, Paragraph 2) will be accepted. 5of11 SOLICITATION NUMBER 13-013 SPECIFICATION NUMBER 13-910-66 3. WORKMANSHIP: Only first-class work shall be performed and all materials furnished in carrying out this agreement shall be of character and quality as required by the project specifications. Where no standard is specified, for such work or materials, they shall be the best of their respective trade and be compliant with all applicable code requirements. All materials used in any project shall be new unless pre -approved by the City's designated representative. At the conclusion of the project, the Successful Respondent shall demonstrate to the City's designated representative that the work is fully operational and in compliance with contract specifications and codes. Any unsatisfactory work done or materials furnished at whatever time they may be discovered shall be promptly and permanently corrected at the sole expense of the Successful Respondent prior to final acceptance of work when notified to do so by the authorized City representative. The Successful Respondent shall at all times keep the adjacent areas of the work site free from rubbish and the accumulation of any waste materials. It is the Successful Respondent's responsibility to properly dispose of all rubbish and waste materials according to applicable federal, state, and local health, safety, and environmental laws, ordinances, rules and regulations. Should the Successful Respondent neglect or refuse to remove such unsatisfactory work or materials within forty eight (48) hours after the receipt of the above mentioned notice, or if they fail to make satisfactory progress in doing so, the City may cause said work or materials to be removed and satisfactorily replaced by contract or otherwise and the expense thereof shall be charged to the Successful Respondent. Such expense shall be deducted from any monies due or to become due the Successful Respondent under the agreement_ 4. WORKFORCE: Successful Respondent and all employees shall perform the services in a timely, professional and efficient manner. The City reserves the right to remove any employee from City property for violation of federal, state, and local health, safety and environmental laws, ordinances, rules and regulations. The Successful Respondent shall employ all personnel for work in accordance with the requirements set forth by the United States Department of Labor. The City reserves the right to verify citizenship or right to work in the United States. The Respondent shall provide background checks on all employees assigned to a project prior to commencement of work to the City's designated representative. The City will provide the Successful Respondent, the Designated Contact person, and any employees required for the work, access to the sites where services are required upon approval of the City's designated representative. The City's designated representative shall issue security badges to all Respondent's employees assigned to a project. All employees shall be required to wear the badge in a visible manner at all times while on City property. 5. ROOFER REQUIREMENTS: The following contains the minimum requirements and experience for Roofing Services required by the City. The Successful Respondent shall ensure that all personnel are skilled and qualified to perform the services as requested. • Respondent shall provide Roofer's License with Solicitation Document upon submission. • The functions shall include but not be limited to: lay out projects, recommend solutions, and other roofing work as described by the project manager. • Must be familiar with and have a working knowledge of all tools and equipment applicable to the roofing trade, and have extensive knowledge of roofing materials, and all standard commercial and residential roofing systems. • Must be able to work unsupervised and run a crew. 6of11 SOLICITATION NUMBER 13-013 SPECIFICATION NUMBER 13-910-66 • The Roofer shall have at least five (5) years' experience in commercial and residential roofing systems and possess all the necessary tools required to complete projects specified by the City. 6. DESIGNATED CONTACT PERSON: In order to maintain consistent standards of quality work performed across the City, the city shall be provided with a designated and identified crew leader/point of contact upon award of the contract. • The City shall be provided with the designated person's name and telephone number. • This contact person shall remain the same throughout the term of the contract or upon termination of the contact person. If a change has been made in the contact person due to termination, the City's designated representative shall be notified by the Successful Respondent immediately at the time of the change. NO substitutions of key personnel shall be permitted without written approval of the authorized City's designated representative. • Answering machines are unacceptable as a point of contact. • The contact person shall be identified on the Solicitation document and may be required to attend an oral presentation to the selection team prior to award of contract. 7. WARRANTY: Successful Respondent shall provide a one (1) year warranty on all workmanship and parts including but not limited to manufacturer's warranty, workmanship defects, and installation. All warranty work shall be completed within five (5) working days from notice of defect. 8. RESPONSE TIME: Response times shall be as follows: Regular business hours shall be from 7:00 AM to 6:00 PM. Non -Emergency Service Calls: Successful Respondent shall respond and provide a written estimate for non -emergency service calls within two (2) days and begin work within five (5) days of the original request. Emergency Service Calls: Successful Primary Respondent shall be on-site and responding to emergency calls within two (2) hours after the request is placed. Successful Respondent shall provide a twenty four (24) hour emergency contact phone number. For emergency calls, outside regular business hours a voice mail paging system is acceptable on the condition that a call back is initiated within thirty (30) minutes from the time that the page is placed. If the Successful Primary Respondent cannot meet the City's need for the emergency request the City will contact the Successful Secondary Respondent. The City reserves the right to contract with any Vendor in the case of an emergency, and no response or untimely response has been made with either the primary or secondary Successful Respondent. 9. REGULAR AND OVERTIME WORK HOURS: Regular Business hours are 7:00 am to 6:00 pm Monday through Friday. Overtime pay consisting of hours outside the designated regular business hours, will be allowed by the City if deemed necessary and approved by the City's designated representative in advance of work. Overtime work performed in excess of regular work hours or on weekends or holidays shall be based on the rate of regular labor not to exceed one and one half (1 '/2) times the fixed hourly rate for the tradesman performing the service. Respondent shall submit a total hourly and overtime rate price for labor that includes, but not be limited to, all costs for labor, overhead charges, travel, and payroll expenses. 10. SUBCONTRACTORS: Respondent shall not sublet projects out to a Third Party. The City seeks to do business directly with a skilled Roofer who will remain on site for the duration of the project or assign a designated skilled Roofer on staff to be the City's primary point of contact. 7of11 SOLICITATION NUMBER 13-013 SPECIFICATION NUMBER 13-910-66 11. WORKERS' COMPENSATION INSURANCE: The Texas Labor Code, Section 406-098 requires workers' compensation insurance coverage for all persons providing services on building or construction projects for a governmental entity. The Texas Workers' Compensation statues can be obtained from the Texas Department of Insurance website at http://www.tdi.texas.gov/index.htmi. A copy of the Respondent's Certificate of Workers' Compensation Insurance certificate shall be furnished to the City with the Respondent's Bid submission. 12. SAFETY: The Successful Respondent and their respective employees are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and City Safety and Occupational Health Standards and any other applicable federal, state, and local health, safety, and environmental laws, ordinances, rules and regulations in the performance of the services. All Successful Respondents shall be held responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site area under this contract. In case of conflict, the most stringent safety requirement shall govern. The Successful Respondent shall indemnify and hold the City harmless from and against all claims, demands, suits, actions, judgments, fines, penalties and liability of every kind arising from the breach of the Successful Respondent's obligations under this paragraph. 12.1. Material Safety Data Sheets: Successful Respondent shall be required to have in their possession at the location of each project and available upon request, material safety data sheets applicable to hazardous substances. 13. ESTIMATES: Successful Respondent shall provide a non-binding written "Not to Exceed" estimate on all projects at no charge to the City. It is the Successful Respondent's responsibility to ensure that all information is complete to provide an accurate estimate. In certain circumstances a sample of materials to be used in a project may be requested by the City's designated representative for approval before work commences. Estimates shall include: 13.1. Department name and location of the project; 13.2. Successful Respondent's designated contact name and telephone number; 13.3. Breakdown of Labor costs (Number of workers, hourly rate); 13.4. Materials (Detailed description, quantity, unit price and extended price amounts); 13.5. Cost of Equipment rented to complete project; 13.6. Total Cost (Labor and materials); 13.7. Description specifying work to be done; 13.8. Time projected to complete the project. 14. DELIVERY AND STORAGE: It shall be the responsibility of the Successful Respondent to make all arrangements for delivery, unloading, receiving and storing materials in the building during installation. The City will not assume any responsibility for receiving these shipments. The Successful Respondent shall verify with the City's designated representative and make necessary arrangements for security and storage space in the building during installation. 15. REPAIR REPORTS: Respondent shall complete and furnish a repair report for each project. A copy of each repair report shall be presented with time and material used. Reports shall include, at a minimum, the following information: 15.1. Date and time notification received; 15.2. Location of the worksite; 15.3. Date and time of arrival at worksite; 15.4. Time spent for repair; 8of11 SOLICITATION NUMBER 13-013 SPECIFICATION NUMBER 13-910-66 15.5. Date and time work at location is completed; 15.6. Part(s) ordered and Equipment rented, if necessary 15.7. A detailed description of all the completed repair work certifying the location is in working order, shall be signed by the City's designated representative at the time the work is performed. 16. ORDER QUANTITY: The quantities shown on the solicitation are estimates only. No guarantee of any minimum or maximum purchase is made or implied. The City will only order the services needed to satisfy requirements within budgetary constraints, which may be more or less than indicated. 16.1. Bids shall not exceed 10% waste expectation on all quantities. 16.2. Prices for materials may be on a cost-plus basis. The percentage (%), if any, of markup will be designated by the Respondent on the Solicitation Document. Invoices for work performed, shall require a copy of supplies receipt to be included. Failure to provide the cost- plus percentage (%) on an invoice may result in payment at cost. 17. PERMITS: The Successful Respondent shall obtain all necessary permits or licenses for inspections, tests, and other services required for completion of work. Inspections shall be scheduled through the City's designated representative. City of Round Rock permit fees shall be waived. 18. DAMAGE: The Successful Respondent shall be responsible for damage to the Gity's equipment and / or property, the workplace and its contents by its work, negligence in work, its personnel and equipment. 19. INVOICE REQUIREMENTS: The Successful Respondent, upon completion of each service, shall address invoices to the City as follows: 19.1. REPAIR WORK: The total hourly price for labor shall be per hour and shall include costs of labor, overhead charges, travel; and payroll expenses. Supplies and materials shall be billed separately. 19.2. SUPPLIES AND MATERIALS: The cost of supplies and materials shall be listed separately from labor. A maximum percentage markup, as indicated on line item # 4 of the solicitation sheet, will be allowed for material that the Successful Respondent has to purchase and re - bill. Invoices for work performed, shall require a copy of paid materials receipt from the supplier to be included. 19.3. The Successful Respondent may submit the repair report as an invoice by modifying it if necessary so that all required invoicing information is contained within the repair report. PART IV RESPONSE REQUIREMENTS The City of Round Rock makes no warranty that this checklist is a full comprehensive listing of every requirement specified in the solicitation. This list is only a tool to assist participating Respondents in compiling their final responses. Respondents are encouraged to carefully read the entire solicitation including the City's Terms and Conditions and Insurance requirements (Located on the City's webpage — see Part 1, sections 2 and 3). Respondent shall submit one (1) executed (signed) original and six (6) copies of each response. 9of11 SOLICITATION NUMBER 13-013 SPECIFICATION NUMBER 13-910-66 For your bid to be responsive, all required attachments identified below shall be submitted with your proposal. The Samples and / or copies shall be provided at the Respondent's expense, and shall become the property of the City unless the Respondent provides a return envelope and postage. 1. Responses shall be submitted on itemized, signed Solicitation Document provided herein. Failure to itemize or sign solicitation may result in disqualification. Submission of responses on forms other that the City's Solicitation Document may result in disqualification of the response. In the event of errors in extension pricing, unit prices shall govern. 2. Attachment A: Reference sheet shall include the name, address, active telephone number and valid e-mail address of at least FIVE (5) firms applicable to Municipal and Government projects that have utilized similar services for at least two (2) years. 3. Any Certifications, Licenses or Memberships to Professional Associations including but not limited to Job Order Contracting (State Certification), or other specialized licenses or certifications. 4. A copy of the Respondent's Certificate of Workers' Compensation Insurance certificate shall be furnished to the City with the Respondents Bid submission. The following shall be provided / requested by the City prior to award / prior to project commencement and the approval of any contract or issuance of any purchase order: 1. Primary and Secondary Awarded Successful Respondent and their designated contact person may be required to make an oral presentation to the selection team to further present their qualifications. This meeting shall be used to provide a mutual understanding of the services to be provided. 2. Successful Respondent shall provide background checks on all employees assigned to a project prior to commencement of work to the designated City representative. CONFIDENTIALITY OF CONTENT: All documents submitted in response to a solicitation shall be subject to the Texas Public Information Act. Following an award, responses are subject to release as public information unless the response or specific parts of the response can be shown to be exempt from the Texas Public Information Act. Pricing is not considered to be confidential under any circumstances. • Information in a submittal that is legally protected as a trade secret or otherwise confidential must be clearly indicated with stamped, bold red letters stating "CONFIDENTIAL" on that section of the document. The City will not be responsible for any public disclosure of confidential information if it is not clearly marked as such. • If a request is made under the Texas Public Information Act to inspect information designated as confidential, the Respondent shall, upon request from the City, furnish sufficient written reasons and information as to why the information should be protected from disclosure. The matter will then be presented to the Attorney General of Texas for final determination. 10 of 11 X TEXAS 4. PROSPERITY. CITY OF ROUND ROCK, TEXAS INVITATION FOR BID ROOFING SERVICES IFB No 13-013 Addendum No. 1 Date: December 13, 2012 Please note the answers to questions, clarifications, revisions or additions to the solicitation referenced above. Q: Does insurance and workers compensation coverage need to be submitted with proposal? If so, does the City of Round Rock need to be listed as a Certificate Holder? A: The Certificate of Worker's Compensation Insurance and other insurance documentation required by the City shall be requested by the City and provided by Successful Respondent prior to award/ prior to project commencement and the approval of any contract or issuance of any purchase order. Said certificate does not need to be submitted with response. Approved by Deborah Knutson,rchaser By the signatures affixed below, Addendum No. 1 is hereby incorporated into and made a part of the above referenced solicitation. ACKNOWLEDGED Vendor Authorized Signature Date RETURN ONE COPY SIGNED COPY OF THIS ADDENDUM TO THE PURCHASING OFFICE WITH YOUR SEALED PROPOSAL. FAILURE TO DO SO MAY AUTOMATICALLY DISQUALIFY YOUR RESPONSE FROM CONSIDERATION FOR AWARD. ATTACHMENT A CITY OF ROUND ROCK INSURANCE REQUIREMENTS 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. I.S. 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 loss to the extent same may be covered by the proceeds of insurance. 1.5.7. Provide that all provisions of this contract concerning liability, duty, and standard of care together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. 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 Attorney City of Round Rock City of Round Rock 221 East Main 309 East Main Round Rock, TX 78664-5299 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 governmental 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, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. 6.1.2. Duration of the project - includes the time from the beginning of the work on the project until the CONTRACTOR'S /person's work on the project has been completed and accepted by the OWNER. 6.2. Persons providing services on the project ("subcontractor') in Section 406.096 - includes all persons or entities performing all or part of the services the CONTRACTOR has undertaken to perform on the project, regardless of whether that person contracted directly with the CONTRACTOR and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity, which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 6.3. The CONTRACTOR shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the CONTRACTOR providing services on the project, for the duration of the project. 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 classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all its employees providing services on the project, for the duration of the project; 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. a certificate of coverage, prior to the other person beginning work on the project; and 6.10.3.1.2. a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project 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. y D ROCK. TEXAS NJFPOSE, PM510:[ Pitd�rAtilt BID FORM PURCHASING DEPARTMENT 221 E. Main Street • Round Rock, Texas 78664-5299 Solicitation Number: #13-013 Solicitation Name: Opening Date: Opening Time: Opening Location: Roofing Services December 18, 2012 On or Before 3:00 PM CST City of Round Rock City Hall 221 E. Main Street Round Rock, TX 78664 fax ID Number: 20-3003922 3usiness Name: Texas Roofing Co. address: PO Box 80798 UNIT PRICE Austin, Texas 78708 Nddress: Rick Birkman 2ontact: relep h one: 512-252-8920 Entity Type: Partnership E-mail: rick@texasroofing.com INewspaper X❑ City's Website ❑ E-mail Announcement ❑ ESBD 0 Other Yes 0 No ElYes 0 No Registerat: roundrocktexas.gov/VendorCentral . SOLICITATION SHEET ........... .. _..... ............. _. ... ... __._ . ....... _. . .... _. ITEM DESCRIPTION QTY UNIT OF UNIT PRICE EXTENDED PRICE NO. MEASURE 1. HOUR ROOFER REGULAR HOURLY LABOR RATE 1 $49.00 2. HOUR MINIMUM HOURS (IF ANY) 2 (NOTEThe City has approximately 700,000 square feet of maintained property and occupies approximately 46 facilities. COST IF UNDER MINIMUM) 3 HOUR OVERTIME HOURLY LABOR RATE 1 $50.00 SOLICITATION SHEET cont. ITEM DESCCRIPTION QTY UNIT OF UNIT PRICE EXTENDED PRICE NO. MEASURE 4. PRICES FOR MATERIALS MAY BE ON A COST-PLUS BASIS. THE PERCENTAGE (%), IF ANY, OF MARKUP WILL BE 4 NOTE: Invoices for work performed, shall require a copy of materials receipt to be included. Failure to provide cost— plus percentage for materials, may result in an at — cost payment.from.the City.... Designated Contact Person: Randy Birkman Phone #: 512-252-8920 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. Further, by signing and submitting this response the Respondent acknowledges: That they have read and fully understand the solicitation and accept all terms and conditions set forth herein. The respondent is not currently delinquent in the payment of any debt owed to the City. Sealed response envelope shall be clearly marked with solicitation name, solicitation number and name of responding entity. The agreement or purchase order resulting from this solicitation may qualify for Inter -local or Cooperative Contracting (Piggybacking) per the terms outlined in Part I, #14 of this solicitation. If applicable, do you agree to "pi !back" purchasing from other govemmental agencies? Yes ❑ No Response shall include one (1) signed original and six (6 opies of res nse. Rick Birkman 12/18/12 Printed Name /(utho ' ed Signatur Date Failure to sign response will disqualify response. SOLICITATION NUMBER 13-013 SPECIFICATION NUMBER 13-910-66 ATTACHMENT A RESPONDENT'S REFERENCE SHEET PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE SOLICITATION NUMBER: 13-013 RESPONDENT'S NAME: Texas Roofing Co. DATE: 12/12/12 Provide contact information and point of contact of at least FIVE (5) firms applicable to public entities of like size (as described in Part III, Paragraph 1) 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. Failure to provide the required information with the Solicitation may automatically disqualify the response from consideration for award. 1. Company's Name Austin Independent School District Name of Contact & Title James Miller - Project Coordinator E -Mail Address jmmiller@austinisd.org Current Address 1111 West 6th Street, Suite B-300 City, State, Zip Code Austin, Texas 78703 Telephone Number ( 512 ) 414-1715 Fax Number:( 512 ) 480-0545 2. Company's Name Industrial Properties Name of Contact & Title David Watson - Senior Property Manager E -Mail Address david.watson@ge.com Current Address 2808 Longhorn Blvd Ste, 308 City, State, Zip Code Austin, Texas 78758 Telephone Number ( 512 ) 837-6793 Fax Number: ( 512 ) 837-1042 3. Company's Name Fredericksburg ISD Name of Contact & Title Myron Jost - Maintenance Director E -Mail Address myronj@fisd.org Current Address 234 Friendship Lane City, State, Zip Code Fredericksburg, Texas 78624 Telephone Number { 830 ) 997-9551 Fax Number:( 830 ) 990-0273 4. Company's Name Dripping Springs ISD Name of Contact & Title Dan Davis Dir of Plant Operations E -Mail Address dan davis@dsisd tied net Current Address _ PO Box 479 City, State, Zip Code Dripping Springs Texas 78620 Telephone Number ( 512 ) 858-3000 Fax Number( 512 ) 858-3099 5. Company's Name Austin Presbyterian Theological Seminary Name of Contact & Title Jim Many - Director of Physical Plant E -Mail Address jmany@austinseminary.edu Current Address 100 E. 27th Street City, State, Zip Code Austin, Texas 78705 Telephone Number ( 512 ) 472-6736 Fax Number: ( 512 ) 479-0738 ACORD,,, CERTIFICATE OF LIABILITY INSURANCE F DATE(MMIDDIYYYY) 09/05/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER FD&S Insurance Agency, Inc. ESE Loop 323, Suite 350 Tyler, TX 75701-9664 Martha Brown CONTA NAME; Martha Brawn FAX H ONE Ext: 903.581.9935 x207 ac No:903.581.4939 (AI1001 E-N1AlL mbrown@fds-insurance.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC N INSURER A: United Fire Lloyds 43559 INSURED Texas Roofing Co., LP PO Box 80798 Austin, TX 78708-0798 INSURER B: Texas Mutual Insurance Company 22945 INSURERC: Commerce & Industry Insurance Cc 18370 INSURER D: INSURER E : INSURER F: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPEOFINSURANCE GENERAL LIABILITY X COMMERCIAL GENERALLIABILITY INSR WVD POLICY NUMBER 8531680312/31/2011 MWODIYYYY MMIDDIYYYY 12/31/2012 LIMITS EACH OCCURRENCE S 1,000,000 PREMISES (Ea S 300,000 MED EXP (Anyone person) 5 5,000 A CLAIMS-MADEI OCCUR X PD Ded • 1,000 PERSONAL & ADV INJURY S 1,000,000 GENERAL AGGREGATE S 2,000,000 GEHL AGGREGATE LIMIT APPLIES PER: POLICY X JET X LOC PRODUCTS - COMPIOP AGG S 2,000,000 S WMkSINEU SINGLE t AUTOMOBILE LIABILITY (Ea accident S BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS NO"WNED HIRED ALTOS HAUTOS BODILY INJURY (Per accident) S Peracadenl S S C X UMBRELLALIABX EXCESS UAB OCCUR CLAIMS -MADE BE021424455 08101/2012 12/3112012 EACH OCCURRENCE S 4,000,000 _ AGGREGATE S 4,000,000 DEO I I RETENTIONS Prod/CO Agg S 4,000,000 WORKERS COMPENSATION 000117646 12131/2011 12/31/2012 X I TORY LIMITS ER E.L. EACH ACCIDENT 5 1,000,000 B AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNEMEXECUTIVE� OFFICER/MEMBER EXCLUE (Mandatory in NH) If yes descAbe under . DESCRIPTION OF OPERATIONS below N I A E.L. DISEASE - EA EMPLOYE 5 1,000,000 E.L. DISEASE -POLICY LIMIT S 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) lease call for a specific certificate. See attached note that becomes a part of this certificate. GER I It-IGA I t M V LLJt:K — SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Fon Bidding Purposes lChris Conder/MARTHA ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD Dec 1312 03:52p ACOI 0 CERTIFICATE OF LIABILITY INSURANCE P.1 DATE jA%DDrYYY 08(22/2012 11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. TU CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICI BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZ S REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. TYPE of iNSURANCE urA I IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to t terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to t e e certificate holder in lieu of such endorsement(s). POLIOY EXP 1 UIuITS PRODUCER KIRK E. INGELS 3701 BEE CAVES ROAD STE 201 AUSTIN, TEXAS 78746 Co }FAME:N7ACT HEATHER FRALEY GENERAL LIABILITY PHONE LkJc rro M.)...512-328-7785. EXT 203 ac Ne: 512-870 9370 AIL: @KIRKINGELS.COM Ao HEPTHER DREss AFFORDING COVERAGE HA1C V INSURER State Farm Mutual Automobile Insurance CompiinV 25178 aINSURERS) i INSURED TEXAS ROOFING CO INSURERS: INSURERC: 16809 RADHOLNIE CT HIED EXP lAn1 or person! 5 _ — ROUND ROCK, TEXAS 78664 INSURER 0: INSURER E: FERSONALLADV INJURY S INSURER F : - THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERI INDICATED. NOPMTHS-"ANDING ANY REQUIREMENT. TERN OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT 610TH RESPECT TO VIHICH T CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERN EXCLUSIONSAND CONDITIONS OF SUCH POLICIES._ LIMITS SHOWN PJAY HAVE BEEN REDUCED BY PAID CLAIMS. , INSR L TYPE of iNSURANCE urA I USUBR 1 I POLICY NUMBER POUC'! EFF i hV.i/DD,'YYYYI •(MIAIODM POLIOY EXP 1 UIuITS GENERAL LIABILITY _0.M CCCURREtJCE S COM17rAERCIA!.GENERALLIA3lLITf FREAtISEStEa'^arrrenrn) S CLAIMS -MACE OCCUR HIED EXP lAn1 or person! 5 _ — FERSONALLADV INJURY S GENERALAGGREGATE S GENL AGGREGATE L@tfrA.PPLIES PER: ' PRODUCTS - G]M?IOP t.GG S POLICY PRO- �� LOC I AUTOMOSILE LIABILITY a ANYAUTO ALL 011M'ED X SCHEDULED AUTOS AUTOS NON-OJITED x HIRED AUTO a' X . AUTOS 200 3857 B01 53 0810'112012 i ( I S Cen iSINGLE LWIr I 1,000,0 ,t cc : Ea amidaraI a 08101!2013 1 EOOILY INJUP.Y;Pelpc w1) I S BODILY INJURY tPa. aicur:); c PROPERTY c Per xclderll S UTABRELLALIAB OCGJR !u I EACH OCCURRENCE S _ AGGREGATE E EXCESS UAB CLAMS-MADEiI I : I DEO RETcNTON S 1"JORKERSCOtilPENSA710N AND EMPLOYERS' LIABILITYi MY FRO??IETy?rFARTNER!--mXECUTNE Y f N OFFtCFJtlENOER J(CLUDED? S LS'CSTATU- OTH-i T YLRSfrS I =P . i NIA� ` I i F.L. EACH ACCIDENT , .. E.L. DISEASE -EA EMPLOYE . S Ofandatoryin HH) I!yes, desrrbe Lrdar _ Gr•a o I nc '* A t a i E.L. DISEASE - PCLIC'Y LIIAIT S _ I I I � f DESCRIPTION CF OPERATICNS [LOCATIONS IVEHICLES tAthch ACORD 101, Additional Remarks Schedule, If marc space Is required) Please call for a specific certificate SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFI THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED ACCORDANCE WITH THE POLICY PROVISIONS - AUT HORIZED REPRESENTATIVE For Bidding Purposes ;S 1988-2010 ACOR . Al I rights resery ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD 1001486 132849.6 11-15- i0 City of Round Rock RWND ROCK. TEXAS vuwsE n�ron rxomrnrtr Agenda Item Summary Agenda Number: G.7 Title: Consider a resolution authorizing the Mayor to execute a City of Round Rock Agreement for Purchase of General Building Construction Trades Services (Roofing Trade) from Texas Roofing Co., LP. Type: Resolution Governing Body: City Council Agenda Date: 5/23/2013 Dept Director: Chad McDowell, General Services Director Cost: $0.00 Indexes: General Fund Attachments: Resolution, Exhibit A, Invitation for Bid Text of Legislative File 13-297 On December 1, 2012 Purchasing and General Services sent out an invitation for bid on different trades agreements to provide on-site services. The City has selected a primary and secondary contractor based on the best value. This agreement is per contractor and will be a not to exceed $15,000 per job per trade. This agreement does not obligate the City to spend any money until services are needed. It only establishes a set price for each trade for the five year period. When there comes a time we need to utilitize the trade, funds will be allocated through General Service's maintenance fund. The City currently has 626,000 square foot of facilities that we are currently maintaining, by approving this contract you will be helping our facilities department keep our buildings to a class A facility. Staff reccomends approval . City of Round Rock Page 1 Printed on 512112013 LLJ xso� Ll cl CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF GENERAL BUILDING CONSTRUCTION TRADES SERVICES (ROOFING TRADE) FROM TEXAS ROOFING CO., LP THE STATE OF TEXAS § CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § COUNTY OF TRAVIS This Agreement for on-site services in the nature of general building construction trades services (roofing) to be performed on and in various commercial and residential City -owned or City -occupied buildings on a directed as -needed basis, and for related goods`d services, referred to herein as the "Agreement," is made and entered into on this the —day of the month of A , 2013, by and between the CITY OF ROUND ROCK, TEXAS, a home -rule municipality whose offices are located at 221 East Main Street, Round Rock, Texas 78664, referred to herein as the "City," and TEXAS ROOFING CO., LP, whose address is Post Office Box 80798, Austin, Texas 78708, Attention: Rick Birkman, referred to herein as "Texas Roofing." This Agreement supersedes and replaces any previous agreements between the named parties, whether oral or written, and whether or not established by custom and practice. RECITALS: WHEREAS, City desires to purchase certain on-site services in the nature of general building construction trades services (roofing) to be performed on and in various commercial and residential City -owned or City -occupied buildings on a directed as -needed basis, and associated goods and services, and City desires to purchase same from Texas Roofing; and WHEREAS, City has issued its "Invitation for Bid" for the provision of said goods, and City has selected the bid submitted by Texas Roofing; and WHEREAS, the parties desire to enter into this Agreement to set forth in writing their respective rights, duties, and obligations; NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties mutually agree as follows: 1.01 DEFINITIONS A. Agreement means the binding legal contract between City and Texas Roofing whereby City is obligated to buy specified services and Texas Roofing is obligated to sell same. The Agreement includes the following: (a) City's Invitation for Bid designated Solicitation 270987/jkg Number 13-013, Specification Number 13-910-66; (b) Texas Roofing's Response to IFB; (c) contract award; and (d) any exhibits, addenda, and/or amendments thereto. Any inconsistencies or conflicts in the contract documents shall be resolved by giving preference in the following order: (1) This Agreement; (2) Texas Roofing's Response to IFB; (3) City's Invitation for Bids, exhibits, and attachments. B. City means the City of Round Rock, Williamson and Travis Counties, Texas. C. Effective Date means the date upon which the binding signatures of both parties to this Agreement are affixed. D. Force Majeure means acts of God, strikes, lockouts, or other industrial disturbances, acts of the public enemy, orders of any kind from the government of the United States or the State of Texas or any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, restraint of the government and the people, civil disturbances, explosions, or other causes not reasonably within the control of the party claiming such inability. E. Goods and services mean the specified services, supplies, materials, commodities, or equipment. F. Texas Roofing means Texas Roofing Co., LP, or any of its successors or assigns. 2.01 EFFECTIVE DATE, INITIAL TERM, AND ALLOWABLE RENEWALS A. This Agreement shall be effective on the date it has been signed by both parties hereto, and shall remain in full force and effect unless and until it expires by operation of the term stated herein, or until terminated or extended as provided herein. B. The term of this Agreement shall be for three (3) consecutive twelve-month periods from the effective date hereof. After that term, this Agreement may be renewed for successive terms of twelve (12) months each, not to exceed in the aggregate two (2) such renewals, with such renewals to occur on or before the expiration date of the preceding term, and with such renewals being absolutely predicated upon the express written agreement of both parties. Such renewals are permitted only provided Texas Roofing has performed each and every contractual obligation specified in this original Agreement. C. 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 "unit price" adjustments upwards only in accordance with Part 1, Item 9 of City's Invitation for Bid included as a part of Exhibit "A," attached hereto and 2 incorporated herein by reference for all purposes. Any price increase shall be requested by Texas Roofing in writing and accompanied by the appropriate documentation to justify the requested increase. Texas Roofing may offer price decreases at any time and in excess of any allowable percentage changes. D. City reserves the right to review the relationship at any time, and may elect to terminate this Agreement with or without cause or may elect to continue. 3.01 CONTRACT DOCUMENTS AND EXHIBITS City selected Texas Roofing to supply the services as outlined in IFB Solicitation Number 13-013, Specification Number 13-910-66; and Response to IFB submitted by Texas Roofing, all as specified in Exhibit "A." The intent of these documents is to formulate an Agreement listing the responsibilities of both parties as outlined in the IFB and as offered by Texas Roofing in its Response to the IFB. The services which are the subject matter of this Agreement are described in Exhibit "A" and, together with this Agreement, comprise the total Agreement and they are fully a part of this Agreement as if repeated herein in full. 4.01 INITIAL RESORT TO PRIMARY PROVIDER, AND SUBSEQUENT RESORT TO SECONDARY PROVIDER; MANDATES FOR PROVISION OF GOODS AND SERVICES A. Initial Resort to Primary Provider, and Subsequent Resort to Secondary Provider. The parties specifically acknowledge and agree as follows: Texas Roofing shall be considered as one of two providers of the specified goods and services, and shall be considered the secondary provider. City may, in its sole and unfettered discretion, elect to seek goods from either one of the two providers. Should the primary provider contacted not be able to fulfill the order in strict accordance with the mandates of this Agreement, then and in that event the remaining provider may be considered "best value" and be contacted to provide the goods as a secondary provider. Texas Roofing specifically further acknowledges and agrees as follows: This Agreement is not an exclusive agreement. City may, in its sole and unfettered discretion, elect to use either of the two providers in whatever order it deems most advantageous to City's purposes. City may, in its sole and unfettered discretion, elect to use any other providers. City is not obligated to use or purchase any estimated annual quantity of goods, and no guarantee is made of any minimum or maximum purchase. B. Mandates for Provision of Goods and Services — Emergency Service Calls. Texas Roofing specifically further acknowledges and agrees as follows: 3 Texas Roofing shall maintain regular business hours from 7:00 am to 6:00 pm Monday through Friday, and shall be available for emergency service calls on a 24/7 basis with a maximum two (2) hour response time. Texas Roofing shall provide City with a 24-hour emergency contact telephone number connected with, at minimum, a voice mail paging system outside of regular business hours. City shall make a notification call. to Texas Roofing by telephone with emergency instructions when City has designated an emergency service call situation. In the event that Texas Roofing does not answer the telephone and/or return City's notification voicemail within thirty (30) minutes of initial placement of call by City, then and in that event City may contact and place the order with another provider as provided above. Non -answer of notification call may result in City declaring Texas Roofing to be non-compliant with the order and under this Agreement; non -returned voicemail within thirty (30) minutes may result in City declaring Texas Roofing to be non-compliant with the order and under this Agreement. The legal definition under this Agreement of "repeated non-compliance" shall mean three (3) incidents, either sequential or not, of non-compliance as delineated in this paragraph within a period of six (6) consecutive months. Repeated non-compliance may result, at City's sole discretion, in cancellation of this Agreement in whole or in part. When City has notified Texas Roofing of an emeMency service call situation Texas Roofing shall have trained personnel on-site within two (2) hours of City's notification. If the ordered goods and services are not delivered on-site or in -hand to City strictly within the timeframe specified in this Agreement, then and in that event Texas Roofing may be deemed to be non-compliant with the order and its "best value" designation suspended as to that order, and City shall be free to procure the goods and services elsewhere from another provider or from a different source. Mandates for Provision of Goods and Services — Non -Emergency Service Calls. Texas Roofing specifically further acknowledges and agrees as follows: City shall make a notification call to Texas Roofing by telephone with non -emergency instructions when City has designated a non -emergency service call situation. In the event that Texas Roofing does not answer the telephone and/or return City's notification voicemail within twenty-four (24) hours of initial placement of call by City, and provide a written estimate within forty-eight (48) hours of initial placement of call by City, and guarantee that work will be initiated within five (5) days of City's initial request, then and in that event City may contact and place the order with another provider as provided above. Non -answer of notification call may result in City declaring Texas Roofing to be non-compliant with the order and under this Agreement; non -returned voicemail within twenty-four (24) hours may result in City declaring Texas Roofing to be non-compliant with the order and under this Agreement. The legal definition under this Agreement of "repeated non-compliance" shall mean three (3) incidents, either sequential or not, of non-compliance as delineated in this paragraph within a period of six (6) consecutive months. Repeated non-compliance may result, at City's sole discretion, in cancellation of this Agreement in whole or in part. 2 When City has designated a non -emergency service call situation, Texas Roofing shall fulfill in full the non -emergency order within the dates and times specified by City. Driving distance from City's location to Texas Roofing shall not exceed 35 miles. If the ordered goods and services are not delivered on-site or in -hand to City strictly within the timeframes specified in this Agreement, then and in that event Texas Roofing may be deemed to be non-compliant with the order and its "best value" designation suspended as to that order, and City shall be free to procure the goods elsewhere from another provider or from a different source. 5.01 ITEMS AWARDED Only if, as, and when needed by City, roofing services are awarded to Texas Roofing in accordance with bid items #1 through and including #4 shown on Exhibit "A," as follows: Roofer Regular Hourly Labor Rate Overtime Hourly Labor Rate Materials (if on Cost -Plus basis) Percentage Markup 6.01 COSTS $49.00 (2 minimum hours) $50.00 (no minimum hours) 4% Texas Roofing specifically acknowledges and agrees that City is not obligated to use any estimated annual quantity of services, and City may not expend in excess of $15,000.00 in payment of such services per single job performed during the initial term of this Agreement. Only if, as, and when needed by City, the bid costs listed on Exhibit "A," which are specifically relevant to the referenced bid items, shall be the basis of any charges collected by Texas Roofing. 7.01 INVOICES All invoices shall include, at a minimum, the following information: A. Name and address of Texas Roofing; B. Purchase Order Number; C. Description and quantity of items received; and D. Delivery dates. 8.01 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. F 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. 9.01 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 Texas Roofing a written notice of termination at the end of its then -current fiscal year. 10.01 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be made by City to Texas Roofing 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. Texas Roofing 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: A. There is a bona fide dispute between City and Texas Roofing, a contractor, subcontractor, or supplier about the goods delivered or the service performed that causes the payment to be late; or B. There is a bona fide dispute between Texas Roofing 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 C. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or D. The invoice is not mailed to City in strict accordance with any instruction on the purchase order relating to the payment. 11.01 GRATUITIES AND BRIBES City may, by written notice to Texas Roofing, cancel this Agreement without incurring any liability to Texas Roofing if it is determined by City that gratuities or bribes in the form of entertainment, gifts, or otherwise were offered or given by Texas Roofing or its agents or 0 representatives to any City officer, employee or elected representative with respect to the performance of this Agreement. In addition, Texas Roofing may be subject to penalties stated in Title 8 of the Texas Penal Code. 12.01 TAXES City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be included in Texas Roofing's charges. 13.01 ORDERS PLACED WITH ALTERNATE VENDORS If Texas Roofing cannot provide the services as specified, City reserves the right and option to obtain same from another source or supplier(s). 14.01 INSURANCE Texas Roofing shall meet all requirements as stated in the attached IFB Solicitation Number 13-013 (including all attachments and exhibits), and its bid response. 15.01 CITY'S REPRESENTATIVE City hereby designates the following representative(s) authorized to act in its behalf with regard to this Agreement: Pete Dominguez, Facilities Manager City of Round Rock 212 Commerce Cove Round Rock, TX 78664 512-341-3144 pdominguez@roundrocktexas.gov 16.01 RIGHT TO ASSURANCE Whenever either party to this Agreement, in good faith, has reason to question the other parry's intent to perform hereunder, then demand may be made to the other party for written assurance of the intent to perform. In the event that no written assurance is given within the reasonable time specified when demand is made, then and in that event the demanding party may treat such failure as an anticipatory repudiation of this Agreement. 17.01 DEFAULT If Texas Roofing abandons or defaults hereunder and is a cause of City purchasing the specified services elsewhere, Texas Roofing 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 bids for the same type of work unless the scope of work is significantly changed. 7 Texas Roofing shall be declared in default of this Agreement if it does any of the following: A. Fails to make any payment in full when due; B. Fails to fully, timely and faithfully perform any of its material obligations hereunder; C. Fails to provide adequate assurance of performance under the "Right to Assurance" section herein; or D. Becomes insolvent or seeks relief under the bankruptcy laws of the United States. 18.01 TERMINATION AND SUSPENSION A. City has the right to terminate this Agreement, in whole or in part, for convenience and without cause, at any time upon thirty (30) days' written notice to Texas Roofing. B. In the event of any default by Texas Roofing, City has the right to terminate this Agreement for cause, upon ten (10) days' written notice to Texas Roofing. C. Texas Roofing has the right to terminate this Agreement only for cause, in the event of material and substantial breach by City, or by written mutual agreement to terminate. D. In the event City terminates under subsections (A) or (B) of this section, the following shall apply: Upon City's delivery of the referenced notice to Texas Roofing, Texas Roofing shall discontinue all services in connection with the performance of this Agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such orders and contracts are chargeable to this Agreement. Within thirty (30) days after such notice of termination, Texas Roofing shall submit a statement showing in detail the goods and/or services satisfactorily performed under this Agreement to the date of termination. City shall then pay Texas Roofing that portion of the charges, if undisputed. The parties agree that Texas Roofing is not entitled to compensation for services it would have performed under the remaining term of the Agreement except as provided herein. 19.01 INDEMNIFICATION Texas Roofing shall defend (at the option of City), indemnify, and hold City, its successors, assigns, officers, employees and elected officials harmless from and against all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and any and all other costs or fees arising out of, or incident to, concerning or resulting from the fault of Texas Roofing, or Texas Roofing's agents, employees or subcontractors, in the performance of Texas Roofing's obligations under this Agreement, no matter how, or to whom, such loss may occur. Nothing herein shall be deemed to limit the rights of City or Texas Roofing (including, 8 but not limited to the right to seek contribution) against any third party who may be liable for an indemnified claim. 20.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES Texas Roofing, its agents, employees and subcontractors shall use best efforts to comply with all federal and state laws, City's Charter and Ordinances, as amended, and with all applicable rules and regulations promulgated by local, state and national boards, bureaus and agencies. 21.01 ASSIGNMENT AND DELEGATION The parties hereby bind themselves, their successors, assigns and legal representatives to each other with respect to the terms of this Agreement. Neither party shall assign, sublet or transfer any interest in this Agreement without prior written authorization of the other party. 22.01 NOTICES All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows: A. When delivered personally to recipient's address as stated in this Agreement; or B. Three (3) days after being deposited in the United States mail, with postage prepaid to the recipient's address as stated in this Agreement. Notice to Texas Roofing: Mr. Rick Birkman Texas Roofing Co., LP Post Office Box 80798 Austin, TX 78708 Notice to City: Steve Norwood, City Manager 221 East Main Street AND TO Round Rock, TX 78664 Stephen L. Sheets, City Attorney 309 East Main Street Round Rock, TX 78664 Nothing contained herein shall be construed to restrict the transmission of routine communications between representatives of City and Texas Roofing. 23.01 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 E 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. 24.01 EXCLUSIVE AGREEMENT This document, and all appended documents, constitutes the entire Agreement between Texas Roofing 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. 25.01 DISPUTE RESOLUTION City and Texas Roofing 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. 26.01 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 such 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 to be void. 27.01 MISCELLANEOUS PROVISIONS Standard of Care. Texas Roofing 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. Texas Roofing understands and agrees that time is of the essence and that any failure of Texas Roofing to fulfill obligations for each portion of this Agreement within the agreed timeframes will constitute a material breach of this Agreement. Texas Roofing 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 Texas Roofing'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. 10 Force Majeure. Neither City nor Texas Roofing 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 Texas Roofing have executed this Agreement on the dates indicated. City of Round Rock, Texas By: 0 of PrintedName: Title: p ate' Date Signed: 3 For City, Attest: By: _ 4w, - Q(�� Sara L. White, City Clerk For City, AppN oved as to Form By: Stephan L. beets, City Attorney Texas Roofing Co., LP By: Printed ame: i✓ Title: V Date Signed: iy' L SOLICITATION NUMBER 13-013 SPECIFICATION NUMBER 13-910-66 CITY OF ROUND ROCK INVITATION FOR BID ROOFING SERVICES PART I GENERAL 1. PURPOSE: The City of Round Rock, herein after "City", seeks an agreement with a qualified Individual, Firm, or Corporation, hereafter referred to as "Respondent", to provide on-site Roofing Services for various commercial and residential City owned or occupied buildings on an as needed basis. The City intends to award one primary contract and one secondary contract based on the Best Value for the City. The secondary Successful Respondent will be used if the primary Successful Respondent cannot provide the service within the requested timeframe. 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 http://www.roundrocktexas.gov/home/index.asp?page=463. 2.1. Any acceptance to or additional terms and conditions attached to the response will not be considered unless Respondent specifically references them on the front of the Solicitation Document. WARNING: Exception to or additional terms and conditions may result in. disqualification of the response. 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://www.roundrocktexas.gov/home/index.asp?paqe=463. 4. ATTACHMENTS: Attachment A is herein made a part of this solicitation: 4.1. Attachment A: Reference Sheet 5. CLARIFICATION: For questions or clarifications of specifications, you may contact: Deborah Knutson, CPPB Purchasing Department City of Round Rock Telephone: 512-218-5456 dknutson@roundrocktexas.gov 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 Department. 6. REQUIREMENTS: The opening of a solicitation shall not be construed as the City's acceptance of such as qualified and responsive. All Respondents shall: EXHIBIT 1 1 O TC1 ll 1 of 11 SOLICITATION NUMBER 13-013 SPECIFICATION NUMBER 13-9x10-66 6.1. Be firms, corporations, individuals or partnerships normally engaged in the sale and distribution of commodity or provision of the services as specified herein; 6.2. Have adequate organization, facilities, equipment and personnel to ensure prompt and efficient service to the City; 6.3. In order to assure the City does not encounter shipping delays, service delays or other unforeseen problems that can occur with out of area or foreign Vendors, Respondent shall be located within: 9(35 Miles from Round Rock, Texas 78681 ❑ 120 Miles from Round Rock, Texas 78681 ❑ United States 6.4. SUBCONTRACTORS: Respondent shall not sublet projects out to a Third Party. The City seeks to do business directly with a skilled Roofer who will remain on site for the duration of the project or assign a designated skilled Roofer on staff to be the City's primary point of contact. 6.5. Provide the name, address, telephone number and E-MAIL of at least FIVE (5) firms applicable to Municipal and / or Government projects that have utilized similar service within the last 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. 7. BEST VALUE EVALUATION AND CRITERIA: All solicitations received may be evaluated based on the best value for the City. In determining best value, the City may consider: 7.1. Purchase price; 7.2. Reputation of Respondent and of Respondent's goods and services; 7.3. Quality of the Respondent's goods and services; 7.4. The extent to which the goods and services meet the City's needs; 7.5. Respondent's past relationship with the City; 7.6. The total long-term cost to the City to acquire the Respondent's goods or services; 7.7. Any relevant criteria specifically listed in the solicitation. The City reserves the right to reject any or all responses, or delete any portion of the response, or to accept any response deemed most advantageous, or to waive any irregularities or informalities in the response received that best serves the interest and at the sole discretion of the City. 8. AGREEMENT TERM: The terms of the awarded agreement shall: 8.1. The initial term of the resulting agreement shall be three (3) consecutive twelve (12) month periods 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 prior to the expiration of the current term. 8.2. The City reserves the right to review the Respondents' performance at the end of each twelve (12) month period and cancel all or part of the agreement(s) or continue the agreement(s) through the next period. 8.3. If the Respondent fails to perform its duties in a reasonable and competent manner, the City shall give written notice the Respondent of the deficiencies and the Respondent shall have 2of11 SOLICITATION NUMBER 13-013 SPECIFICATION NUMBER 13-910-66 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. 8.4. If the agreement is terminated, for any reason, the Respondent shall turn over all records, to include but not be limited to the following: records of repairs, services, deliveries, and replacement parts, to the City within fifteen (15) working days after completion of duties contained in the agreement. 9. PRICE INCREASE: A price increase to the agreement may be considered at renewal time each year. The price increase shall be equal to the consumer price index for that year. 9.1. PROCEDURE TO REQUEST INCREASE. 9.1.1. Mail the price increase request to the designated City Contract Specialist a minimum of 120 days prior to each renewal period. City of Round Rock Purchasing Department ATTN: Contract Specialist 221 E. Main Street Round Rock, Texas 78664-5299 9.1.2. Upon receipt of the request, the City reserves the right to either: accept the escalation and make change to the purchase order within 30 days of the request, negotiate with the Vendor or cancel the agreement or purchase order if an agreement cannot be reached on the value of the increase. 10. AWARD: The City reserves the right to enter into an agreement or a purchase order with a single award, split awards, primary and secondary awards, non -award, or use any combination that best serves the interest and 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 http:/Iwww.roundrocktexas.gov/home/index.asp?page=463. 11. ACCEPTANCE: Acceptance inspection and tests should not take more than five (5) working days. The Vendor will be notified within this time frame if the service performed is not in full compliance with the specifications. If any agreement or purchase order is canceled for non-acceptance, the needed service may be purchased elsewhere and the Vendor may be charged full increase, if any, in cost and handling. 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 that which is permitted by Texas law) for payments not made in accordance with this prompt payment policy; however, this policy does not apply to payments made by the City in the event: 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. The is a bona fide dispute between the Vendor and a Subcontractor or between a Subcontractor and its suppliers concerning supplies, material, or equipment delivered or the services performed which caused the payment to be late; or 3of11 SOLICITATION NUMBER 13-013 SPECIFICATION NUMBER 13-910-66 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 governing body of the City does not appropriate funds sufficient to purchase the estimated yearly quantities, as determined by the City's budget for the fiscal year in question. The City may affect such termination by giving Vendor a written notice of termination at the end of its then current fiscal year. 14. INTERLOCAL COOPERATIVE CONTRACTING (PIGGYBACK): Other governmental entities may be extended the opportunity to purchase off of the City's Agreements, with the consent and agreement of the awarded Vendor(s) and the City. Such consent and agreement shall be conclusively inferred from lack of exception to this clause in a Respondent's submittal. However, all parties indicate their understanding and hereby expressly agree that the City is not an agent of, partner to, or representative of those outside agencies or entities and that the City is not obligated or liable for any action or debts that may arise out of such independently -negotiated "piggyback" procurements. PART II SCHEDULE 1. SOLICITATION SCHEDULE: It is the City's intention to comply with the following solicitation timeline: 1.1. Solicitation released December 1, 2012 1.2. Deadline for questions December 11, 2012 1.3. City responses to all questions or addendums December 13, 2012 1.4. Responses for solicitation due by 3:00 PM December 18, 2012 1.5. Oral Presentation (if necessary) TBD All questions regarding the solicitation shall be submitted in writing by 5:00 PM on the due date noted in PART II, Paragraph 1, Sub -Paragraph 1.2. A copy of all the questions submitted and the City's response to the questions shall be posted on our webpage, hftp://Www.roundrocktexas.gov/home/index.asp?page=463. Questions shall be submitted to the City contact named in PART I, Paragraph 5. The City reserves the right to modify these dates. Notice of date change will be posted to the City's website. **********************SOLICITATION UPDATES*********************** 2. SOLICITATION UPDATES: Respondents shall be responsible for monitoring the City's website at http://www.roundrocktexas.govlhome/index.asp?page=463 for any updates pertaining to the solicitation described herein. Various updates may include addendums, cancelations, notifications, and any other pertinent information necessary for the submission of a correct and accurate response. The City will not be held responsible for any further communication beyond updating the website. 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: 4of11 SOLICITATION NUMBER 13-013 SPECIFICATION NUMBER. 13-910-66 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. 3.5. Responses cannot be altered or amended after opening. 3.6. No response can be withdrawn after opening without written approval from the City for an acceptable reason. 3.7. The City will not be bound by any oral statement or offer made contrary to the written specifications 4. PRE AWARD MEETING: Respondents and their designated contact persons may be required to make an oral presentation to the selection team to further present their qualifications. This meeting shall be used to provide a mutual understanding of the services to be provided. 5. POST AWARD MEETING: The City and Respondent shall have a post award meeting to discuss, but not be limited to the following: 5.1. Provide City contact information for implementation of agreement. 5.2. Agreement terms and conditions. 5.3. Identify specific milestones, goals and strategies to meet objectives. PART III SPECIFICATIONS 1. HISTORY: The City has approximately 700,000 square feet of maintained property and occupies approximately 46 facilities. The buildings consist of both commercial and residential type structures. Facilities maintained vary and can include but are not limited to office buildings, Police department, fire stations, parks facilities and parking garages. • Projects vary and are under the supervision of the City's designated representative: Pete Dominguez, Facilities Manager Phone #: 512-341-3144 2. SCOPE OF WORK: The Successful Respondent shall provide on-site services including all materials and labor necessary to perform maintenance, repair, renovations, installation or alteration for various City owned or occupied locations on an as needed basis for Roofing Services. Services shall consist of repairs and miscellaneous projects costing $ 15,000.00 and under. Services performed shall require prior authorization from the City's Facility Maintenance Department. Only services meeting the herein mentioned specifications on workmanship (See PART III, Paragraph 2) will be accepted. 5Of11 SOLICITATION NUMBER 13-013 SPECIFICATION NUMBER 13-810-66 3. WORKMANSHIP: Only first-class work shall be performed and all materials fumished in carrying out this agreement shall be of character and quality as required by the project specifications. Where no standard is specified, for such work or materials, they shall be the best of their respective trade and be compliant with all applicable code requirements. All materials used in any project shall be new unless pre -approved by the City's designated representative. At the conclusion of the project, the Successful Respondent shall demonstrate to the City's designated representative that the work is fully operational and in compliance with contract specifications and codes. Any unsatisfactory work done or materials furnished at whatever time they may be discovered shall be promptly and permanently corrected at the sole expense of the Successful Respondent prior to final acceptance of work when notified to do so by the authorized City representative. The Successful Respondent shall at all times keep the adjacent areas of the work site free from rubbish and the accumulation of any waste materials. It is the Successful Respondent's responsibility to properly dispose of all rubbish and waste materials according to applicable federal, state, and local health, safety, and environmental laws, ordinances, rules and regulations. Should the Successful Respondent neglect or refuse to remove such unsatisfactory work or materials within forty eight (48) hours after the receipt of the above mentioned notice, or if they fail to make satisfactory progress in doing so, the City may cause said work or materials to be removed and satisfactorily replaced by contract or otherwise and the expense thereof shall be charged to the Successful Respondent. Such expense shall be deducted from any monies due or to become due the Successful Respondent under the agreement. 4. WORKFORCE: Successful Respondent and all employees shall perform the services in a timely, professional and efficient manner. The City reserves the right to remove any employee from City property for violation of federal, state, and local health, safety and environmental laws, ordinances, rules and regulations. The Successful Respondent shall employ all personnel for work in accordance with the requirements set forth by the United States Department of Labor. The City reserves the right to verify citizenship or right to work in the United States. The Respondent shall provide background checks on all employees assigned to a project prior to commencement of work to the City's designated representative. The City will provide the Successful Respondent, the Designated Contact person, and any employees required for the work, access to the sites where services are required upon approval of the City's designated representative. The City's designated representative shall issue security badges to all Respondent's employees assigned to a project. All employees shall be required to wear the badge in a visible manner at all times while on City property. 5. ROOFER REQUIREMENTS: The following contains the minimum requirements and experience for Roofing Services'required by the City. The Successful Respondent shall ensure that all personnel are skilled and qualified to perform the services as requested. • Respondent shall provide Roofer's License with Solicitation Document upon submission. • The functions shall include but not be limited to: lay out projects, recommend solutions, and other roofing work as described by the project manager. • Must be familiar with and have a working knowledge of all tools and equipment applicable to the roofing trade, and have extensive knowledge of roofing materials, and all standard commercial and residential roofing systems. • Must be able to work unsupervised and run a crew. 6of11 SOLICITATION NUMBER 13-013 SPECIFICATION NUMBER 13-910-66 The Roofer shall have at least five (5) years' experience in commercial and residential roofing systems and possess all the necessary tools required to complete projects specified by the City. 6. DESIGNATED CONTACT PERSON: In order to maintain consistent standards of quality work performed across the City, the city shall be provided with a designated and identified crew leader/point of contact upon award of the contract. The City shall be provided with the designated person's name and telephone number. This contact person shall remain the same throughout the term of the contract or upon termination of the contact person. If a change has been made in the contact person due to termination, the City's designated representative shall be notified by the Successful Respondent immediately at the time of the change. NO substitutions of key personnel shall be permitted without written approval of the authorized City's designated representative. Answering machines are unacceptable as a point of contact. The contact person shall be identified on the Solicitation document and may be required to attend an oral presentation to the selection team prior to award of contract. 7. WARRANTY: Successful Respondent shall provide a one (1) year warranty on all workmanship and parts including but not limited to manufacturer's warranty, workmanship defects, and installation. All warranty work shall be completed within five (5) working days from notice of defect. 8. RESPONSE TIME: Response times shall be as follows: Regular business hours shall be from 7:00 AM to 6:00 PM. Non -Emergency Service Calls: Successful Respondent shall respond and provide a written estimate for non -emergency service calls within two (2) days and begin work within five (5) days of the original request. Emergency Service Calls: Successful Primary Respondent shall be on-site and responding to emergency calls within two (2) hours after the request is placed. Successful Respondent shall provide a twenty four (24) hour emergency contact phone number. For emergency calls, outside regular business hours a voice mail paging system is acceptable on the condition that a call back is initiated within thirty (30) minutes from the time that the page is placed. If the Successful Primary Respondent cannot meet the City's need for the emergency request the City will contact the Successful Secondary Respondent. The City reserves the right to contract with any Vendor in the case of an emergency, and no response or untimely response has been made with either the primary or secondary Successful Respondent. 9. REGULAR AND OVERTIME WORK HOURS: Regular Business hours are 7:00 am to 6:00 pm Monday through Friday. Overtime pay consisting of hours outside the designated regular business hours, will be allowed by the City if deemed necessary and approved by the City's designated representative in advance of work. Overtime work performed in excess of regular work hours or on weekends or holidays shall be based on the rate of regular labor not to exceed one and one half (1 '/) times the fixed hourly rate for the tradesman performing the service. Respondent shall submit a total hourly and overtime rate price for labor that includes, but not be limited to, all costs for labor, overhead charges, travel, and payroll expenses. 10. SUBCONTRACTORS: Respondent shall not sublet projects out to a Third Party. The City seeks Too do business directly with a skilled Roofer who will remain on site for the duration of the project or assign a designated skilled Roofer on staff to be the City's primary point of contact. 7of11 SOLICITATION NUMBER 13-013 SPECIFICATION NUMBER 13-910-66 11. WORKERS' COMPENSATION INSURANCE: The Texas Labor Code, Section 406-098 requires workers' compensation insurance coverage for all persons providing services on building or construction projects for a governmental entity. The Texas Workers' Compensation statues can be obtained from the Texas Department of Insurance website at http://www.tdi.texas.gov/index.htmi. A copy of the Respondent's Certificate of Workers' Compensation Insurance certificate shall be furnished to the City with the Respondent's Bid submission. 12. SAFETY: The Successful Respondent and their respective employees are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and City Safety and Occupational Health Standards and any other applicable federal, state, and local health, safety, and environmental laws, ordinances, rules and regulations in the performance of the services. All Successful Respondents shall be held responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site area under this contract. In case of conflict, the most stringent safety requirement shall govern. The Successful Respondent shall indemnify and hold the City harmless from and against all claims, demands, suits, actions, judgments, fines, penalties and liability of every kind arising from the breach of the Successful Respondent's obligations under this paragraph. 12.1. Material Safety Data Sheets: Successful Respondent shall be required to have in their possession at the location of each project and available upon request, material safety data sheets applicable to hazardous substances. 13. ESTIMATES: Successful Respondent shall provide a non-binding written "Not to Exceed" estimate on all projects at no charge to the City. It is the Successful Respondent's responsibility to ensure that all information is complete to provide an accurate estimate. In certain circumstances a sample of materials to be used in a project may be requested by the City's designated representative for approval before work commences. Estimates shall include: 13.1. Department name and location of the project; 13.2. Successful Respondent's designated contact name and telephone number; 13.3. Breakdown of Labor costs (Number of workers, hourly rate); 13.4. Materials (Detailed description, quantity, unit price and extended price amounts); 13.5. Cost of Equipment rented to complete project; 13.6. Total Cost (Labor and materials); 13.7. Description specifying work to be done; 13.8. Time projected to complete the project. 14. DELIVERY AND STORAGE: It shall be the responsibility of the Successful Respondent to make all arrangements for delivery, unloading, receiving and storing materials in the building during installation. The City will not assume any responsibility for receiving these shipments. The Successful Respondent shall verify with the City's designated representative and make necessary arrangements for security and storage space in the building during installation. 15. REPAIR REPORTS: Respondent shall complete and furnish a repair report for each project. A copy of each repair report shall be presented with time and material used. Reports shall include, at a minimum, the following information: 15.1. Date and time notification received; 15.2. Location of the worksite; 15.3. Date and time of arrival at worksite; 15.4. Time spent for repair; 8Of11 SOLICITATION NUMBER 13-013 SPECIFICATION NUMBER 13-910-66 15.5. Date and time work at location is completed; 15.6. Part(s) ordered and Equipment rented, if necessary 15.7. A detailed description of all the completed repair work certifying the location is in working order, shall be signed by the City's designated representative at the time the work is performed. 16. ORDER QUANTITY: The quantities shown on the solicitation are estimates only. No guarantee of any minimum or maximum purchase is made or implied. The City will only order the services needed to satisfy requirements within budgetary constraints, which may be more or less than indicated. 16.1. Bids shall not exceed 10% waste expectation on all quantities. 16.2. Prices for materials may be on a cost-plus basis. The percentage (%), if any, of markup will be designated by the Respondent on the Solicitation Document. Invoices for work performed, shall require a copy of supplies receipt to be included. Failure to provide the cost- plus percentage (%) on an invoice may result in payment at cost. 17. PERMITS: The Successful Respondent shall obtain all necessary permits or licenses for inspections, tests, and other services required for completion of work. Inspections shall be scheduled through the City's designated representative. City of Round Rock permit fees shall be waived. 18. 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. 19. INVOICE REQUIREMENTS: The Successful Respondent, upon completion of each service, shall address invoices to the City as follows: 19.1. REPAIR WORK: The total hourly price for labor shall be per hour and shall include costs of labor, overhead charges, travel; and payroll expenses. Supplies and materials shall be billed separately. 19.2. SUPPLIES AND MATERIALS: The cost of supplies and materials shall be listed separately from labor. A maximum percentage markup, as indicated on line item # 4 of the solicitation sheet, will be allowed for material that the Successful Respondent has to purchase and re - bill. Invoices for work performed, shall require a copy of paid materials receipt from the supplier to be included. 19.3. The Successful Respondent may submit the repair report as an invoice by modifying it if necessary so that all required invoicing information is contained within the repair report. PART IV RESPONSE REQUIREMENTS The City of Round Rock makes no warranty that this checklist is a full comprehensive listing of every requirement specified in the solicitation. This list is only a tool to assist participating Respondents in compiling their final responses. Respondents are encouraged to carefully read the entire solicitation including the City's Terms and Conditions and Insurance requirements (Located on the City's webpage — see Part 1, sections 2 and 3). Respondent shall submit one (1) executed (signed) original and six (6) copies of each response. 9Of11 SOLICITATION NUMBER 13-013 SPECIFICATION NUMBER 13-810-66 For your bid to be responsive, all required attachments identified below shall be submitted with your proposal. The Samples and / or copies shall be provided at the Respondent's expense, and shall become the property of the City unless the Respondent provides a return envelope and postage. 1. Responses shall be submitted on itemized, signed Solicitation Document provided herein. Failure to itemize or sign solicitation may result in disqualification. Submission of responses on forms other that the City's Solicitation Document may result in disqualification of the response. In the event of errors in extension pricing, unit prices shall govern. 2. Attachment A: Reference sheet shall include the name, address, active telephone number and valid e-mail address of at least FIVE (5) firms applicable to Municipal and Government projects that have utilized similar services for at least two (2) years. 3. Any Certifications, Licenses or Memberships to Professional Associations including but not limited to Job Order Contracting (State Certification), or other specialized licenses or certifications. 4. A copy of the Respondent's Certificate of Workers' Compensation Insurance certificate shall be furnished to the City with the Respondent's Bid submission. The following shall be provided / requested by the City prior to award / prior to project commencement and the approval of any contract or issuance of any purchase order: 1. Primary and Secondary Awarded Successful Respondent and their designated contact person may be required to make an oral presentation to the selection team to further present their qualifications. This meeting shall be used to provide a mutual understanding of the services to be provided. 2. Successful Respondent shall provide background checks on all employees assigned to a project prior to commencement of work to the designated City representative. CONFIDENTIALITY OF CONTENT: All documents submitted in response to a solicitation shall be subject to the Texas Public Information Act. Following an award, responses are subject to release as public information unless the response or specific parts of the response can be shown to be exempt from the Texas Public Information Act. Pricing is not considered to be confidential under any circumstances. Information in a submittal that is legally protected as a trade secret or otherwise confidential must be clearly indicated with stamped, bold red letters stating "CONFIDENTIAL" on that section of the document. The City will not be responsible for any public disclosure of confidential information if it is not clearly marked as such. • If a request is made under the Texas Public Information Act to inspect information designated as confidential, the Respondent shall, upon request from the City, furnish sufficient written reasons and information as to why the information should be protected from disclosure. The matter will then be presented to the Attorney General of Texas for final determination. 10 of 11 X TEXAS V. PROSPERITY. CITY OF ROUND ROCK, TEXAS INVITATION FOR BID ROOFING SERVICES IFB No 13-013 Addendum No. 1 Date: December 13, 2012 Please note the answers to questions, clarifications, revisions or additions to the solicitation referenced above. 1. Q: Does insurance and workers compensation coverage need to be submitted with proposal? If so, does the City of Round Rock need to be listed as a Certificate Holder? A: The Certificate of Worker's Compensation Insurance and other insurance documentation required by the City shall be requested by the City and provided by Successful Respondent prior to award / prior to project commencement and the approval of any contract or issuance of any purchase order. Said certificate does not need to be submitted with response. Approved by i Deborah Knutson, I chaser By the signatures affixed below, Addendum No. 1 is hereby incorporated into and made a part of the above referenced solicitation. ACKNOWLEDGED Vendor Authorized Signature Date RETURN ONE COPY SIGNED COPY OF THIS ADDENDUM TO THE PURCHASING OFFICE WITH YOUR SEALED PROPOSAL. FAILURE TO DO SO MAY AUTOMATICALLY DISQUALIFY YOUR RESPONSE FROM CONSIDERATION FOR AWARD. ATTACHMENT A CITY OF ROUND ROCK INSURANCE REQUIREMENTS 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 loss to the extent same may be covered by the proceeds of insurance. 1.5.7. Provide that all provisions of this contract concerning liability, duty, and standard of care together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. 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 Attorney City of Round Rock City of Round Rock 221 East Main 309 East Main Round Rock, TX 78664-5299 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 governmental 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, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. 6.1.2. Duration of the project - includes the time from the beginning of the work on the project until the CONTRACTOR'S /person's work on the project has been completed and accepted by the OWNER. 6.2. Persons providing services on the project ("subcontractor") in Section 406.096 - includes all persons or entities performing all or part of the services the CONTRACTOR has undertaken to perform on the project, regardless of whether that person contracted directly with the CONTRACTOR and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity, which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 6.3. The CONTRACTOR shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the CONTRACTOR providing services on the project, for the duration of the project. 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 classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all its employees providing services on the project, for the duration of the project; 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. a certificate of coverage, prior to the other person beginning work on the project; and 6.10.3.1.2. a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project 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 entities 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. jpRQUND ROCK, TEXAS r"ML eas9w FROM m BID FORM PURCHASING DEPARTMENT 221 E. Main Street - Round Rock, Texas 78664-5299 Solicitation Number: #13-013 Solicitation Name: Opening Date: Opening Time: Opening Location: Roofing Services December 18, 2012 On or Before 3:00 PM CST City of Round Rock City Hall 221 E. Main Street Round Rock, TX 78664 Tax ID Number: 20-3003922 Business Name: Texas Roofing Co. Address: PO Box 80798 Address: Austin, Texas 78708 Contact: Rick Birkman Telephone: 512-252-8920 Entity Type: Partnership E-mail: rick@texasroofing.com '❑ Newspaper X❑ City's Website [:]E-mail Announcement ❑ ESBD ❑ Other ❑ Yes X❑ No ❑ Yes ❑X No Registerat: roundrocktexas.gov/VendorCentral ...SOLI ITA ......................................... ITEM DESCRIPTION QTY UNIT OF UNIT PRICE EXTENDED PRICE NO. MEASURE 1. HOUR ROOFER REGULAR HOURLY LABOR RATE 1 $49.00 2. HOUR v" MINIMUM HOURS (IF ANY) 2 (NOTEThe City has approximately 700,000 square feet of maintained property and occupies approximately 46 facilities. COST IF UNDER ..i:. MINIMUM) '` 3, HOUR OVERTIME HOURLY LABOR RATE 1 $50.00 SOLICITATION SHEET cont. ITEM DESCCRIPTION QTY UNIT OF UNIT PRICE EXTENDED PRICE NO.. MEASURE 4. PRICES FOR MATERIALS MAY BE ON A COST-PLUS BASIS. THE PERCENTAGE N, IF ANY, OF MARKUP WILL BE 4 NOTE: Invoices for work performed, shall require a copy of materials receipt to be included. Failure to provide cost— plus percentage for materials, may result in an at cost payment.fromthe .City ..... . Designated Contact Person: Randy Birkman Phone #: 512-252-8920 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 at seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly, the response made to any compefitor or other person engaged in such line of business. Further, by signing and submitting this response the Respondent acknowledges: That they have read and fully understand the solicitation and accept all terms and conditions set forth herein. The respondent is not currently delinquent in the payment of any debt owed to the City. Seated response envelope. shall be clearly marked with solicitation name, solicitation number and name of responding entity. The agreement or purchase order resulting from this solicitation may qualify for Inter -local or Cooperative Contracting (Piggybacking) per the terms outlined in Part I, #14 of this solicitation. If applicable, do you agreeto "pi back" purchasing from other governmental agencies? 0Yes ❑ ...No. Response shall include :one (1) signed original and six Rick Birkman Printed Name Failure to sign response will disqualify response. 12/18/12 Date SOLICITATION NUMBER 13-013 SPECIFICATION NUMBER 13-910-66 11 of 11 ATTACHMENT A RESPONDENT'S REFERENCE SHEET PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE SOLICITATION NUMBER: 13-013 RESPONDENT'S NAME: Texas Roofing Co. DATE: 12/12/12 Provide contact information and point of contact of at least FIVE (5) firms applicable to public entities of like size (as described in Part III, Paragraph 1) 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. Failure to provide the required information with the Solicitation may automatically disqualify the response from consideration for award. 1. Company's Name Austin Independent School District Name of Contact & Title James Miller - Project Coordinator E -Mail Address jmmiller@austinisd.org Current Address 1111 West 6th Street, Suite B-300 City, State, Zip Code Austin, Texas 78703 Telephone Number ( 512 ) 414-1715 Fax Number:( 512 ) 480-0545 2. Company's Name Industrial Properties Name of Contact & Title David Watson - Senior Property Manager E -Mail Address david.watson@ge.com Current Address 2808 Longhorn Blvd Ste, 308 City, State, Zip Code Austin, Texas 78758 Telephone Number ( 512 ) 837-6793 Fax Number: ( 512 ) 837-1042 3. Company's Name Fredericksburg ISD Name of Contact & Title Myron Jost - Maintenance Director E -Mail Address myronj@fisd.org Current Address 234 Friendship Lane City, State, Zip Code Fredericksburg, Texas 78624 Telephone Number ( 830 ) 997-9551 Fax Number: ( 830 ) 990-0273 4. Company's Name Dripping Springs ISD Name of Contact & Title Dan Davis Dir of Plant Operations E -Mail Address dan.davis@dsisd.txed.net Current Address PO Box 479 City, State, Zip Code Dripping Springs Texas 78620 Telephone Number ( 512 ) 858-3000 Fax Number:( 512 ) 858-3099 5. Company's Name Austin Presbyterian Theological Seminary Name of Contact & Title Jim Many - Director of Physical Plant E -Mail Address jmany@austinseminary.edu Current Address 100 E. 27th Street City, State, Zip Code Austin, Texas 78705 Telephone Number ( 512 ) 472-6736 Fax Number:( 512 ) 479-0738 11 of 11 ACORN,, CERTIFICATE OF LIABILITY INSURANCEDATE (MWD DIYYYY) 09/05/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT- If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER FD&5 Insurance Agency, Inc. 1001 ESE Loop 323, Suite 350 Tyler, TX 75701-9664 Martha Brown CONTACT NAME: Martha Brown rAR— HON x:903.581.9935 x207 NO Ne;903.581.4939 ADDRESS: mbrown@fds-insurance.com INSURER AFFORDING COVERAGE NAICM INSURER A: United Fire Lloyds 43559 INSURED Texas Roofing Co., LP PO Box 80798 Austin, TX 78708-0798 INSURER B: Texas Mutual Insurance Company 22945 INSURERC: Commerce & Industry Insurance Co18370 INSURER D: INSURER E • INSURER F : l�A\/COA/±CC r- "1141("a 1{ NIIMKFK• /111/ NII HI 11 ll RCYIJIVI9 I�VIl1Ul�f\. vTHIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS1ADDPOLICY LTR TYPE DF INSURANCE INSR NND POLICY NUMBER EFF MWDWMY P MMID LIMITS A GENERALLIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR X PD Ded' 1, 000 P 8531680312131/2011 12/31/2012 EACH OCCURRENCE S 1,000,000 ENILU PREMISES Ea occurrenceS 300,000 MED EXP (Arty one person) S 5,000 PERSONAL & ADV INJURY S 11 000, 000 GENERAL AGGREGATE S 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X SECT X LOC PRODUCTS - COMPI OP AGG S 2,000,000 $ AUTOMOBILE LIABILITY ANY AUTO ALLOWNEDSCHEDULED HIRED AUTOS UTOS (Ea accident) $ BODILY INJURY (Per person) S BODILY INJURY (Per accident) S Per accidentS S C X UMBRELLA UAB EXCESS UAB X OCCUR CLAIMS -MADE BE021424455 08/01/2012 12/31/2012 EACH OCCURRENCE S 4,000,000 AGGREGATE S 4,000,000 DED RETENTION S Prod/CO Agg s 4,000,000 B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY K ERIMEM EWPARTN RIE ECUTIVEL] (Mandatory in NH) If yyees desai6a under . DESG�RIPTION OF OPERATIONS below NIA 000117646 12/31/2011 12/31/2012 FWCSTATU- X I TORY LIMITS ER E.L. EACH ACCIDENT S 1,000,000 E.L. DISEASE - EA EMPLOYE $ 1,000,000 E.L. DISEASE -POLICY LIMIT 5 1, 000, 000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) lease call for a specific certificate. ke attached note that becomes a part of this certificate. CERTIFIGATE MULUttt V/i1Y V GLLr \ I w1. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE I Forl Bidding Purposes Chris Conder/MARTHA ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (201(/05) The ACORD name and logo are registered marks of ACORD Dec 13 12 03:52p p.1 7 CERTIFICATE OF LIABILITY INSURANCE °08=/20 2 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. T CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICI BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORI REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the poiicy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to t e terms and conditions of tate policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to certificate holder in lieu ofsuch endorsemerd(s). PRODUCER KIRK E. INGELS 3701 BEE CAVES ROAD STE 201 AUSTIN, TEXAS 78746 HAuvMS: T CNe HEATHER FRALEY M. o J2 -32B-7788 EXT Fn c Nei: I2-870.9370 aooRlEss HEATHER IRKINGELS.COM INSURE AFFORDING COVERAGE MAIC B INSURER A: Sfate Farm Mutual Automobile Insurance Company 78 INSURED TEXAS ROOFING CO INSURERB: INSURERC: 16809 RADHOLME CT ROUND ROCK, TEXAS 78664 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY'THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERI INDICATED. NOTWTHSiANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH TV CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TER 5 EXCLUSION SAND. CONDITIONS OF SUCH POLICIES..I.IMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE ADDLINSR I ' POLICY NUMBER 6BRI 7 �IDDY EFF PGILDD EXP UNITS GENERAL LIABILITY �iI f—� ` L—• EACH OCCURRENCE T CO'N"AERCIALGENERAL LIABILITY OW AGL- 10 Rt:NILU- PREMSES Eao=rrence S _ I CIAIMS•MACE 1._J 'OCCUR HIED EXP IAny we petson) S PERSONAL 8 ADV INJURY S l GENERAL AGGREGATE S GEN•LAGGREGATELIId1TAPPLIESPER: PRODUCTS -COMPIOPAGG S POLICY PROT LOC s ❑. EaaBnSINGLE LIMR t�i $ 1,000,0AUTOM081LEW181UTY BODILY INJURY (Per persm) $ BODILY INJURY (Per �dor0; $ ANYAUTO SCE EOULED ALL OULNED EX AUTOS NON•D XI1NED . HIRED AUTOii AUTOS 200 3857 801 53 00101/2012 0810112013 PROPER DAIAAGE S Per accident $ 1 UMBRELLALIAe i OCCJR ( EACH OCCURRENCE 5 AGGREGATE E EXCESS UAS � r.LA IIS-AIAD£ I i9 DED I RETENTIONS WORKERS COWL ENSATION AND EMPLOYERS LIABILITY ANY FROP3IET IRMARTNERIEXECUTWE YIN N OFFICEJ.LEMBER EXCLUDED? F S R STATU- T Ltr E.L. EACH ACCIDENT I s 1 E.L. DISEASE - EA FJJPLOYEE S 1 N 1 A 1 ! ; i (F4mdatoryin NH) E.L. DISEASE - POLICY LIIdIT ; S If yes, desucbo ul d r .. G . 4 DESCRIPTION OF OPERATIONS f LOCATIONS IVEHICLES (Attach ACORD 101, Addfllonal Remarks Schedule, If more space Is required) Please call for a specific Certificate CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE; ABOVE DESCRIBED POLICIES BE CANCELLED BEFO THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED ACCORDANCE WITH THE POLICY PROVISIONS - AUTHORIZED REPRESENTATIVE For Bidding Purposes V l`.R1t3-LU"IV HIiVRLI pGRTVrriiil Iv/�. nu nanw Icaw. ACORD 26 (2010!05) The ACORD name and logo are registered marks of ACORD 1001486 132848.6