The URL can be used to link to this page

R-13-06-27-E11 - 6/27/2013RESOLUTION NO. R -13-06-27-E11 WHEREAS, the City of Round Rock has duly advertised for bids to purchase services for delivery of aggregate materials; and and WHEREAS, Industrial Asphalt & Aggregate, LLC has submitted the lowest responsible bid; WHEREAS, the City Council wishes to accept the bid of Industrial Asphalt & Aggregate, LLC, 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 Services for Delivery of Aggregate Material With Industrial Asphalt & Aggregate, LLC, 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 27th day of June, 2013. ATTEST: SARA L. WHITE, City Clerk 0-\wdox\SCC1nts\01 12\ 1304\MUNICIPAL\00276976.DOC ALAN MCGRAW, Mayor City of Round Rock, Texas EXHIBIT „A» CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF SERVICES FOR DELIVERY OF AGGREGATE MATERIAL WITH INDUSTRIAL ASPHALT & AGGREGATE, LLC KNOW ALL BY THESE PRESENTS: THE STATE OF TEXAS § CITY OF ROUND ROCK § COUNTY OF WILLIAMSON § COUNTY OF TRAVIS § That this Agreement for purchase of services for delivery of aggregate materials to municipal facilities, referred to herein as the "Agreement," is made and entered into on this the day of the month of , 20_, 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 INDUSTRIAL ASPHALT & AGGREGATE, LLC whose address is 9020 N. Capital of Texas Highway, Building 2, Suite 250, Austin, Texas 78759, referred to herein as the "Vendor." 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 services for delivery of aggregate materials, and City desires to purchase same from Vendor; and WHEREAS, City has issued its Invitation for Bid under Solicitation Number 12-034, including Addendum No. 1, dated March 1, 2013, Specification Number 12-745-01, 12-750-52, 12-750-77, 12-750-56 for the provision of said goods and services, and City has selected the bid submitted by Vendor; 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 Vendor whereby City is obligated to buy specified goods and/or services and Vendor is obli ated t II g o se same. 0027325lAdjmr The Agreement includes the following: (a) City's Invitation for Bid under Solicitation Number 12-034, including Addendum No. 1, dated March 1, 2013, Specification Number 12-745-01, 12- 750-52, 12-750-77, 12-750-56; (b) Vendor'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) Vendor's Response to IFB; (3) City's Invitation for Bid, 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 supplies, materials, commodities, or equipment, and the specified performance of services. assigns. F. Vendor means Industrial Asphalt & Aggregate, LLC, and its successors or 2.01 EFFECTIVE DATE; TERM; NO ALLOWABLE RENEWALS A. This Agreement shall be effective upon the date on which 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 no more than two (2) additional terms of twelve (12) months each, 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 Vendor 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 as a result of a cost 2 increase in goods or services in accordance with the Producers Price Index located at http://www.bls ov/ppi/pP-i dr htm. Any price increase shall be requested by Vendor in writing and accompanied by the appropriate documentation to justify the requested increase. Vendor may offer price decreases in excess of the allowable percentage change. Price increases for delivery services are not permitted under this Agreement. 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 Vendor as the secondary vendor of choice to supply the goods and services as outlined in City's Invitation for Bid under Solicitation Number 12-034, including Addendum No. 1, dated March 1, 2013, Specification Number 12-745-01, 12-750-52, 12-750-77, 12-750-56, and Response to IFB submitted by Vendor, all as specified in Exhibit "A" attached hereto and made a part hereof for all purposes. The intent of these documents is to formulate an Agreement listing the responsibilities of both parties as outlined in relevant documents and as offered by Vendor in its Response to the IFB. The goods and 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 ITEMS AWARDED; PERFORMANCE; INITIAL RESORT TO PRIMARY PROVIDER A. Items Awarded All bid items listed in Items 1 through 3 on Exhibit "A" are awarded to Vendor as secondary provider, subject to the terms of this Agreement. B. Performance All items shall be delivered to City at 910 Luther Peterson Place, Round Rock, Texas 78665 or at 310 Deepwood Drive, Round Rock, Texas 78680, or other location as specified in the relevant purchase order. Vendor shall deliver all goods ordered within forty-eight (48) hours of receipt of a purchase order to the location specified therein. C. Initial Resort to Primary Provider The parties specifically acknowledge and agree as follows: Vendor 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. Vendor 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. 5.01 COSTS Vendor specifically acknowledges and agrees that City is not obligated to use any estimated annual quantity of goods or services. Only if, as, and when needed by City, the bid costs listed on Exhibit "A" relevant to the referenced bid items, shall be the basis of any charges collected by Vendor. 6.01 INVOICES All invoices shall include, at a minimum, the following information: A. Name and address of Vendor; B. Purchase Order Number; C. Description and quantity of items delivered; and D. Delivery dates. 7.01 INTERLOCAL COOPERATIVE CONTRACTING / PURCHASING Authority for local governments to contract with one another to perform certain governmental functions and services, including but not limited to purchasing functions, is granted under Government Code, Title 7, Chapter 791, Interlocal Cooperation Contracts, Subchapter B and Subchapter C, and Local Government Code, Title 8, Chapter 271, Subchapter F, Section 271.101 and Section 271.102. Other governmental entities within the State of Texas may be extended the opportunity to purchase off of the City of Round Rock's bid, with the consent and agreement of the successful vendor(s) and Round Rock. Such agreement shall be conclusively inferred for the vendor from lack of exception to this clause in the vendor's response. However, all parties hereby expressly agree that the City of Round Rock is not an agent of partner to, or representative of those outside agencies or entities and that the City of Round Rock is not obligated or liable for any action or debts that may arise out of such independently -negotiated "piggyback" procurements. 8.01 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 11 determined by City's budget for the fiscal year in question. City may effect such termination by giving Vendor a written notice of termination at the end of its then -current fiscal year. 9.01 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be made by City to Vendor 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. Vendor 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 Vendor, 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 Vendor 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. 10.01 GRATUITIES AND BRIBES City may, by written notice to Vendor, cancel this Agreement without incurring any liability to Vendor if it is determined by City that gratuities or bribes in the form of entertainment, gifts, or otherwise were offered or given by Vendor or its agents or representatives to any City officer, employee or elected representative with respect to the performance of this Agreement. In addition, Vendor may be subject to penalties stated in Title 8 of the Texas Penal Code. 11.01 TAXES City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be included in Vendor's charges. 12.01 ORDERS PLACED WITH ALTERNATE VENDORS If Vendor cannot provide the goods as specified, City reserves the right and option to obtain the products from another supplier or suppliers. 13.01 INSURANCE Vendor shall in all respects comply with the provisions delineated Solicitation Number 12-034, including Addendum No. 1, dated March 1, 2013, Specification Number 12-745-01, 12- 750-52, 12-750-77, 12-750-56 (including all attachments and exhibits), Attachment A hereto, and its bid response. 14.01 CITY'S REPRESENTATIVE City hereby designates the following representative authorized to act on its behalf: Rick Whisenant Utilities and Environmental Services Department 901 Luther Peterson Place Round Rock, Texas 78664 512-218-5570 rwhisenant@roundrocktexas.gov 15.01 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. 16.01 DEFAULT If Vendor abandons or defaults hereunder and is a cause of City purchasing the specified goods elsewhere, Vendor 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. Vendor shall be declared in default of this Agreement if it does any of the following: A. Fails to fully, timely and faithfully perform any material obligations hereunder; B. Becomes insolvent or seeks relief under the bankruptcy laws of the United States; C. Fails to provide adequate assurance of performance under the "Right to Assurance" section herein. 17.01 TERIVIINATION 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 Vendor. B. In the event of any default by Vendor, City has the right to terminate this Agreement for cause, upon ten (10) days' written notice to Vendor. C. Vendor has the right to terminate this Agreement only for cause, that being in the event of a material and substantial breach by City, or by mutual agreement to terminate evidenced in writing by and between the parties. D. 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 Vendor, Vendor shall discontinue all services in connection with the performance of this Agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such orders and contracts are chargeable to this Agreement. Within thirty (30) days after such notice of termination, Vendor 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 Vendor that portion of the charges, if undisputed. The parties agree that Vendor is not entitled to compensation for services it would have performed under the remaining term of the Agreement except as provided herein. 18.01 INDEMNIFICATION Vendor 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 Vendor, or Vendor's agents, employees or subcontractors, in the performance of Vendor'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 Vendor, including, but not limited to the right to seek contribution, against any third party who may be liable for an indemnified claim. 19.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES Vendor, its agents, employees and subcontractors shall use best efforts to comply with all applicable federal and state laws, City's Charter and Ordinances, as amended, and all applicable rules and regulations promulgated by local, state and national boards, bureaus and agencies. 20.01 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. VA 21.01 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 Vendor: Industrial Asphalt & Aggregate 9020 N. Capital of Texas Highway, Building 2, Suite 250 Austin, TX 78748 78759 Notice to City: Steve Norwood, City Manager Stephan L. Sheets, City Attorney 221 East Main Street AND TO: 309 East Main Street Round Rock, TX 78664 Round Rock, TX 78664 Nothing contained herein shall be construed to restrict the transmission of routine communications between representatives of City and Vendor. 22.01 APPLICABLE LAW; ENFORCEMENT AND VENUE This Agreement shall be enforceable in Round Rock, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 23.01 EXCLUSIVE AGREEMENT This document, and all appended documents, constitutes the entire Agreement between Vendor 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. 24.01 DISPUTE RESOLUTION City and Vendor hereby expressly agree that no claims or disputes between the parties arising out of or relating to this Agreement ora 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. 25.01 SEVERABILITY The invalidity, illegality, or unenforceability of any provision hereof 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. 26.01 MISCELLANEOUS PROVISIONS Standard of Care. Vendor 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. Vendor understands and agrees that time is of the essence and that any failure of Vendor to fulfill obligations for each portion of this Agreement within the agreed timeframes will constitute a material breach of this Agreement. Vendor 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 Vendor's failure to perform in these circumstances, City may pursue any remedy available without waiver of any of City's additional legal rights or remedies. Force Majeure. Neither City nor Vendor 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 Vendor have executed this Agreement on the dates indicated. City of Round Rock, Texas For City, Attest: By: Printed Name: Title: Date Signed: G•J Sara L. White, City Clerk For City, Attest: Stephan L. Sheets, City Attorney Industrial Asphalt & Aggregate, LLC By: 1 r, Printed Name: C, Title: F c; ,- S Date Signed: Fro, rROUNDROCK. T6YAS Attachment "A" DATED: JULY 2011 FI:RshS(. f'ttiS;lY: t'Ri%i'CP1Tr CITY OF ROUND ROCK INSURANCE REQUIREMENTS 1. INSURANCE: The Vendor shall procure and maintain at its sole cost and expense for the duration of the agreement or purchase order resulting from a response to the Solicitation/Specification insurance against claims for iniuries to persons or damages to property which may arise from or in connection with the performance of the work as a result of the solicitation by the successful respondent 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 Agreement. 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 solicitation specification and the insurance endorsements stated below. Page 1 of 4 J!RtND ROCK. TEXAS . Y:Uii�it M'YSiY'iR:fY DATED: JULY 2011 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 the agreement 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, solicitation 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 2. WORKERS COMPENSATION INSURANCE 2.1. 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. 2.1.1. 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. 2.1.2. 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. 2.2. 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 - Page 2 of 4 ROLYD ROCK. TEW kr V%S Mi fK(KKpurY DATED: JULY 2011 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. 2.3. 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. 2.4. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being awarded the agreement. 2.5. If the coverage period shown on the CONTRACTOR'S current certificate of coverage ends during the duration of the project, the CONTRACTOR shall, prior to the end of the coverage period, file a new certificate of coverage with the OWNER showing that coverage has been extended. 2.6. The CONTRACTOR shall obtain from each person providing services on a project, and provide to the OWNER.- 2.6.1. WNER: 2.6.1. 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 2.6.2. no later than seven (7) 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. 2.7. The CONTRACTOR shall retain all required certificates of coverage for the duration of the project and for one (1) year thereafter. 2.8. The CONTRACTOR shall notify the OWNER in writing by certified mail or personal delivery, within ten (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. 2.9. 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. 2.10. The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a project, to: 2.10.1. 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; 2.10.2. 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,- 2.10.3. roject;2.10.3. 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; Page 3 of 4 ROUND ROCK. TEXAS M�errrt. mm�»: r�cx�tr�ry DATED: JULY 2011 2.10.3.1. obtain from each other person with whom it contracts, and provide to the CONTRACTOR: 2.10.3.1.1. a certificate of coverage, prior to the other person beginning work on the project; and 2.10.3.1.2. 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 2.10.3.2. retain all required certificates of coverage on file for the duration of the project and for one (1) year thereafter; 2.10.3.3. notify the OWNER in writing by certified mail or personal delivery, within ten (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 2.10.3.4. contractually require each person with whom it contracts, to perform as required by paragraphs (2.1 thru 2.7), with the certificates of coverage to be provided to the person for whom they are providing services. 2.10.3.5. By signing the solicitation associated with the 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. 2.10.3.6. 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 agreement void if the Contractor does not remedy the breach within ten (10) calendar days after receipt of notice of breach from the owner. Page 4 of 4 v �6IND ROCK TEXAS BID FORM PURCHASING DEPARTMENT 221 E. Main Street • Round Rock, Texas 78664-5299 Solicitation Number: 1112-034 Solicitation Name: Aggregate Materials • Opening Date: March 12, 2013 Opening Time: On or Before 3:00 PM CST • Opening Location: City of Round Rock City Hall 221 E. Main Street Round Rock, TX 78664 0 r:r Tax ID Number: ?1L-aj, Qat Business Name: _lit.(tiJrArn� �i��-K,�c{t++-�an rJdi c Address: 5t-f+e-aSIC) -('� Address: A t.<j ; n -Y . l 7 w -q Contact: Telephone: Entity Type: E-mail: oi��a i .annnl� C•i 14�S�t";r��,( FiNewspaper R]City's Website © E-mail Announcement ❑ ESBD ❑ Other F!RST.TIME t5.Y0UR B05INESSEJ RESPONDING TO CITY • REGISTERED VJt7t1 Yes FVJNo Register at: roundrocktexas.Eav/VendorCentraI OF ROUND ROCK? '` VENDOR CBNTRAt? ''.` EXHIBIT A a By Ilia 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 lays 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 (tie 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 terms outlined in art I, #14 of this solicitation. If applicable, do you agree t " Yes a No Response shall include one (1) signed original and four (4) cop)6s of respon Joe C iru'z Printed Name Failure to sign response will disqualify response. I or Cooperative Contracting (Piggybacking) per the purchasing from other governmental agencies? Date SOLICITATION NUMBER 12.034 SPECIFICATION NUMBER 12-745-01 •12-750-52.12-750-77.12-750-55 ATTACHMENT A RESPONDENT'S REFERENCE SHEET PLEASE COMPLETE AND RETURN THIS FORM Mt(l9'H THE SOLICITATION RESPONSE SOLICITATION NUMBER: RESPONDENT'S NAME: DATE: J -6 - is Provide the name, address, e-mail address, telephone number and point of contact of at least three (3) 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 solicitation. Company's Name No r Ul r- Name of Contact s ' Title of Contact E -Mail Address Present Address 71D S. +_- i M, City, State, Zip Code Telephone Number (j j �) 3`� - a� 7 Fax Number: ( ) 2. Company's Name Name of Contact l X11 t Title of Contact E -Mail Address a tJQ ,\l�tL Present AddressC 307 L.1 s i {/ �� ( City, State, Zip Code Telephone Number tv 3. Company's Name Name of Contact Title of Contact E -Mail Address Present Address ��J (�c, Po r CGC V C City, State, Zip Code &AJi n , _1X 797Q 1 Telephone Number (Sirl ),q -2.a _ �7�-� Fax Number: ( ) FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD. 8 of 8 ! t k ,,k �k2t C a�� 'V`j-'f� �,,¢�'��, ,,, -x�-�`-�"r,�?r ��'-�. �.''•� �j ,t = ClIF��'�rt•c ... ,s�' ��.f7r r° �` �;.x'-'Y��"+i,�:r,.�`sti n�� > ti�fi a '`.y, tE' R"y{ d fr xJ1,,,s�-�'re &c �s�r��r S S s i ;'C-1�' a -•+!"S.f`�` 9s-`3v 'c� }yi K''`s.�-- s��w`�c'"`-�,'-.trs�'i ,+. rY..�.•c_ i �.. t: j -Ek Lk fir i �rx xsz SYM q Y f �e�>iY 3 At ,e�>y� ,,,F a��''�ii'��r�.•�r�}"s air�r--'� �5--�'�-`rt f'>3 Vit'��'177�� ,S�r .,f 5- ;Q +�... _1..r,. xx. W K x r C ......... ?<r� � •fir �'�-• �,".:z�,.,�.r_� "•�"Y= ,.,�r�a�y6��`�,-z YA.�ti �'��`�� 'A F� Gl��sr t" ::r. � q� It17 -{ .%` t t '�> o-x { n-fi• FY d�..s..-+- r ,� t'+, _ -k' lT�:• t:' jj F:. L s�3 s�'f s n?� rt s � tanjz?a3 e'' s �t 7 .i JF 3 � y7-4 ,,,k,.t l�''r„`moi.auys� ,h3` t312'cr.l[Roc,c k y ur— t�{s� `pr 4 � � $ rf� (\T'3 t `.?.r }sS }lira" •��,f �I�'�r.fr l�y�,l i -. : S '-"Y �� 3 a z �r� r F�,� k� ! •,��f:. rx� � - ` � � .�- t3�5 __c r o Y•rr u.,� _� ^a.� -r; �v,i�'j.. �`'r ,.,t kwr !�� f ''� �,,.. t^i; ".1 _ -._.«,�j` s 7' ��_} ?f r r --7 -t�• ,hj o�Ad'+y J x v� ��fk ��A .L K4�-T��a?.rr '�,�� r ,rf y�r, r i{(-y��"4 � � ��t,•s�:....t: � � � $ y^ya� �� r y MEW-1-i-TjUll If MVP FM PSI t� ! 'f cj y a �aqy�• raft '+ ,"� 'y 1..�- 't g'; G r .,!•�. Sir r,. r cti .s �. 1 s rF ,.a �'W'P�?�� `�.,��rtr�``�ci,�•rr�i n,� ^t`'., e� �.u�r �t�14?-,- A 3 ..,Qr�s�.�+�jks,..l< �� s �:' y: r r '- F�u-F`5 � r .� a� G• � M. Vs"�'�' ` raa.�^'�' a � ""v,'r f.i i k ,-v 'fi .i� -� l� S` ra' ,,.,,�,<xy?'�t r'!„�i 6 µ c� ♦h, t�`a L '" .a ig.?!� ,. eft 4Y' �, \ ''any'- r•`,'v'�.,� -• L, - � �'�: _ c,r'z � �,<cSSt�Y�r� t > r � t r .E< * t�. _ r � { ��s�•3,j s' r � BrightPeopfe, RightSofutlohs. TO: Austin Materials, LLC Attiv Mr. Jimmy Whited 9020 N. Capitol of Texas Hwy., Bldg. 2, Ste. 250 Austin, Texas 78759 1826 Kramer Lane, Suite M Austin, Texas 78758 p 1512-926-6650 f 1512-833-5058 kleinfetder.com PROJECT: 2013 Industrial Asphalt and Aggregates PO#700-0013QC PN NO.: 110200-006 DATE: '2-28-13 CONTROL NO.: 021903 A Report of: Physical Test for rlexible Base Material Specifications: TxDOT Specification Item 247, Grade 1, Grade 4, Grade 5 Test Methods: TEX-100-E, TEX-101-E, TEX-104-E, TEX-105-E, TEX.-106-E TEX-110-E, TEX•-1'13-E, TEX-116-E, TEX-117-E Sample Number: 8-18587 Stockpile ID#: 104 Gr, 4 GP. 5 Wet Ball Mill Value 27 Max. 40 142 Sampled By: B. Siler, NICET II #90339 Max, 20 Max. 20 Compaction Test si Lateral Pressure: 0 psi Max. Dry Unit Weight 134.7 pcf Lateral Pressure: 3 psi 140 Date Sampled: 2-19-13 Min. 90 Min. 90 232 Min. 176 Min. 175 Min. 175 Material Description: Crushed Limestone Base 130 Atterberg Limits Result Gr. 1 Gr. 4 Gr. 5 136 Liquid Limit 20 Max. 35 Max, 40 Max. 35 134 Plastic Limit 16 -- -- -- Plasticity Index 4 Max. 10 Max. 12 Max. 10 a2 Linear Shrinkage (%) - -- -- -- � k 1�0 Sieve Analysts %Retained Gr. 1 Gr. 4 i Gr. 5 n t0 21/2" 0 - 0 0 1-3/4" 0 0 0 0-5 126 7/8" 22,0 10-35 8-30 10-35 3/811 49.5 30-50 30-60 35-65 124 94 63.8 45-66 45-70 45-75 122 #i40 82.3 70-85 70-85 70-90 #200 87.0 -- -- -- 120 Wet Ball Milt Result Gr. 1 Gr, 4 GP. 5 Wet Ball Mill Value 27 Max. 40 Max, 40 Max, 40 Increase in (-)#40 10 Max. 20 Max, 20 Max. 20 Compaction Test si Lateral Pressure: 0 psi Max. Dry Unit Weight 134.7 pcf Lateral Pressure: 3 psi Optimum Moisture, OM 7.3 % Lateral Pressure: 15 psi t'ursuml to app.7;c�6tc LWI.G.9 wdaz, Iha rcicys prcconad to IAs roraM1 me fcc Tho,aura: oppryady W mu smnpks lest t. @d.on9e: co lho spctifea!bn:wuro m�da wJrrolcommw It sonde! Ios4e4 sro.,.rtedsneerocnapodattoa., triornbry typatees 61r." Man Arl.m ._..._._._._....._,_.._...�..._ R, 0.9996 POLUJ s. t';Rtcal",o- R$benttS. right, P.E. hu two AegnFrofvcsiaael fn rospcnt!Ga cLa�po. o;K'tclatelde� 1�kT!o(fv asauoies r,'e /npoS.tliay fa P s,!(ail sla;<nvNs (meclsAfnestrol over},V pry Wsd. 0 Molsture Content (%) TEX-117-E, Part If (Accelerated Method) Strength Grade 1 Grade 4 Grade 5 si 68 Min. 45 -- -_ 131 -- Min. 90 Min. 90 232 Min. 176 Min. 175 Min. 175 • 1a, Reviewed Ely. POLUJ s. t';Rtcal",o- R$benttS. right, P.E. hu two AegnFrofvcsiaael fn rospcnt!Ga cLa�po. o;K'tclatelde� 1�kT!o(fv asauoies r,'e /npoS.tliay fa P s,!(ail sla;<nvNs (meclsAfnestrol over},V pry Wsd. 0 4NMI fit � k k ti } 5 z - � I. SOLICITATION NUMBER 12-034 SPECIFICATION NUMBER 12-745-01 -12-750-52.12-750-77.12-750-56 CITY OF ROUND ROCK INVITATION FOR BID CITYWIDE AGGREGATE MATERIAL PART GENERAL 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 aggregate materials for the City's waterline maintenance and roadway surface treatments, herein after "Materials". These Materials shall comply with the State of Texas Department of Transportation (TxDOT) specifications contained herein. The format of this bid seeks pricing on Materials delivered to the City and also pricing on the City picking -up the Materials from the Respondent's nearest site. 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?paqe=463. 2.1. Any exception 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:llwww.roundrocktexas qov/home/index asp?page=463. 4. ATTACHMENTS: Attachment A is herein made a part of this solicitation: 4.1. Attachment A: Reference Sheet 4.2. Attachment B: Location Map of Delivery Site 5. CLARIFICATION: For questions or clarifications of specifications, you may contact: Joy Baggett Purchasing Department City of Round Rock Telephone: 512-218-6682 jbaggett@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. RESPONDENT REQUIREMENTS: The opening of a solicitation shall not be construed as the City's acceptance of such as qualified and responsive. Respondents qualifications shall be as follows: 1 of 8 SOLICITATION NUMBER 12-034 SPECIFICATION NUMBER 12-745-01 • 12-750-52.12-750-77.12-750-56 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's material site shall be located within: R(60 Miles from Round Rock, Texas 78681 ❑ 120 Miles from Round Rock, Texas 78681 ❑ United States 6.4. Provide the name, address, telephone number and E-MAIL of at least three (3) Municipal and/or Government agencies or other clients of similar size and scope 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. 6.5. Allow a designated City representative to visit the Respondent's quarry prior to award. BEST VALUE EVALUATION AND CRITERIA: All solicitations received may be evaluated based on the best value for the City. 7.1. In determining best value, the City may consider: 7.1.1. Purchase price; 7.1.2. Reputation of Respondent and of Respondent's goods and services; 7.1.3. Quality of the Respondent's goods and services; 7.1.4. The extent to which the goods and services meet the City's needs; 7.1.5. Respondent's past relationship with the City; 7.1.6. The total long-term cost to the City to acquire the Respondent's goods or services; 7.1.7. Any relevant criteria specifically listed in the solicitation. 7.2. The City reserves the right to reject any or all responses, 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: An initial term of the resulting agreement shall be three (3) consecutive (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. 8.1. The City's 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. 8.2. Notice 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 thirty (30) days to correct such deficiencies. If the respondent fails to correct the 2of8 SOLICITATION NUMBER 12-034 SPECIFICATION NUMBER 12-745-01 - 12-750.52. 12-750-77. 12-750-56 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. 8.3. A termination clause. 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. PRICE INCREASE OR DECREASE: A price increase or decrease to the agreement may be considered based on the following: 9.1. Price increase cannot exceed 25% for the total cost and term of the agreement. 9.2. PROCEDURE TO REQUEST INCREASE OR OFFER DECREASE. 9.2.1. Mail the price increase request to the designated City Contract Specialist a minimum of 120 days prior to each renewal period. Vendor shall supply supporting documentation as justification for each request. City of Round Rock Purchasing Department ATTN: Contract Specialist 221 E. Main Street Round Rock, Texas 78664-5299 9.2.2. Upon receipt of the request, the City reserves the right to either: accept the escalation as supported by the appropriate price index and make change to the 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, 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://www.roundrocktexas..qovlhome/index.asp?paqe=463. 10.1. A primary and secondary award maybe made to provide the City with a back-up supplier should the primary vendor be unable to deliver the goods within the specified time fame of the order. 11. ACCEPTANCE: Acceptance inspection should not take more than ten (10) working days from delivery of goods. The vendor will be notified within this time frame if the goods delivered are not in full compliance with the specifications. If any agreement or purchase order is canceled for non- acceptance, the needed good 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: 3of8 SOLICITATION NUMBER 12-034 SPECIFICATION NUMBER 12-745-01 •12-750-52. 12-750-77. 12-750-56 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 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: 9.1 Solicitation released February 16, 2013 9.2 Pre -Solicitation Meeting and Site Visit (Non -Mandatory) February 26, 2013 February 26, 2013 at 10:00 AM City of Round Rock Waterline Maintenance Building 910 Luther Peterson Place Round Rock, Texas 78665 9.3 Deadline for questions February 26, 2013 9.4 City responses to all questions or addendums March 5, 2013 9.5 Responses for solicitation due at or before 3:00 PM March 12, 2013 All questions regarding the solicitation shall be submitted in writing at or before 5:00 PM on the due date noted in PART II. A copy of all the questions submitted and the City's response to the questions shall be posted on our webpage, http:ffv,fww.roundrocktexas gov/home/index asp?page=463 Questions shall be submitted to the City contact named in PART I. 4 of 8 SOLICITATION NUMBER 12-034 SPECIFICATION NUMBER 12-745-01 • 12-750-52.12-750-77. 12-760-56 The City reserves the right to modify these dates. Notice of date change will be posted to the City's website. 2. PRE -SOLICITATION MEETING SITE VISIT AND INSPECTION: A pre -solicitation meeting, site visit and inspection will be conducted to fully acquaint Respondents with the facilities, difficulties and/or restrictions. The site visit and inspection will immediately follow the pre -solicitation meeting. The pre -solicitation meeting will be conducted on: February 26, 2013 at 10:00 AM City of Round Rock Waterline Maintenance Building 910 Luther Peterson Place Round Rock, Texas 78665 9.1 The City considers this pre -solicitation meeting voluntary. 9.2 Respondents are required to provide their own transportation for the site inspection tour.. RESPONSE DUE DATE: Signed and sealed responses are due at or before 3:00 PM, on the date noted above to the Purchasing Department. Mail or carry sealed responses to: City of Round Rock Purchasing Department 221 E. Main Street Round Rock, Texas 78664-5299 9.1 Responses received after this time and date shall not be considered. 9.2 Sealed responses shall be clearly marked on the outside of packaging with the Solicitation title, number, due date and "DO NOT OPEN". 9.3 Facsimile or electronically transmitted responses are not acceptable. 9.4 Late responses will be returned to Respondent unopened if return address is provided. 9.5 Responses cannot be altered or amended after opening. 9.6 No response can be withdrawn after opening without written approval from the City for an acceptable reason. 9.7 The City will not be bound by any oral statement or offer made contrary to the written specifications. 4. SOLICITATION UPDATES: Respondents shall be responsible for monitoring the City's website at http://www.roundrocktexas.gov/homelindex.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. 5. POST AWARD MEETING: The City and Respondent shall have a post award meeting to discuss, but not be limited to the following: 9.1 Provide City contact(s) information for implementation of agreement. 9.2 Agreement terms and conditions. PART III SPECIFICATIONS 5of8 SOLICITATION NUMBER 12-034 SPECIFICATION NUMBER 12-745-01 • 12-750-52. 12-750-77.12-750-56 1. SCOPE OF WORK: Respondent shall provide Materials per the noted TXDOT specifications contained herein. Material order shall be available for fulfillment within 24 hours of receipt of order. Respondent shall have the ability to deliver Materials to specified City location or allow, at City's discretion, the pick-up of Materials from Respondent's site. 2. PRODUCT SPECIFICATIONS: City requires TXDOT Flexible (Unbound) Base Material Item 247, Type A, Grades 2 (Untested), 3 (1&3/4 Tested) and 5. 2.1 Product alternates will not be considered; 2.2 Specifications can be viewed on the TXDOT website at: http://onlinemanuals.txdot.gov/txdotmariLials/pdm/flexible unbound base selection htm 3. PRODUCT DOCUMENTATION: TXDOT compliance supporting documentation will be required. 4. 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 products or services needed to satisfy operating requirements within budgetary constraints, which maybe more or less than indicated. 5. DELIVERY: Good shall be delivered within 48 hours of receipt of Purchase Order by Successful Respondent. 6. RESPONDENT LOCATION: Location is an important factor in the evaluation of this purchase due to transportation costs associated with the pick-up of the material. The mileage for pick-up pricing shall be based on Google Maps data and transportation costs estimated at $0.45 ton/mile. The City shall conduct this calculation using the pick-up location provided on the gid Sheet. 7. TESTING: Testing may be performed at the request of the City anytime on said Materials through an independent laboratory during the acceptance period stated herein. If the test results do not meet specifications, then the cost of the test will be absorbed by the Successful Respondent and the Materials may, at that time, be rejected. If the results of the test meet specifications, then the cost of the test shall be borne by the City. 8. MATERIALS SAMPLE AND INSPECTION: City reserves the right to inspect the respondent's materials and quarry location prior to executing an agreement or purchase order. Should materials not meet with City approval, City shall not be obligated to execute agreement or purchase order. 9. WARRANTY: The Materials shall be warranted against defects for a period of not less than one (1) year beginning with the date of acceptance. 9.1 Respondent shall submit warranty information with response. 6. 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 in the process of Materials delivery. 6 of 8 SOLICITATION NUMBER 12-034 SPECIFICATION NUMBER 12-745.01 • 12-750-52. 12-750-77.12-750-56 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. Respondent shall submit one (1) executed (signed) original and three (3) copies of each response. 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. 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. 2. Attachment A: Reference sheet shall include the name, address, active telephone number and valid e-mail address of at least three (3) firms applicable to Municipal and Government projects that have utilized similar services within the last two (2) years. 3. Documentation of TxDOT Material specification compliance. 4. Photo of delivery truck(s). 5. Location and photo of quarry. 7of8 SOLICITATION NUMBER 12-034 SPECIFICATION NUMBER 12-745-01 • 12-750-52.12-750-77.12-750-55 ATTACHMENT A RESPONDENT'S REFERENCE SHEET PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE SOLICITATION NUMBER: RESPONDENT'S NAME: DATE: Provide the name, address, e-mail address, telephone number and point of contact of at least three (3) 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 solicitation. 1. Company's Name Name of Contact Title of Contact E -Mail Address Present Address City, State, Zip Code Telephone Number ( } Fax Number: 2. Company's Name Name of Contact Title of Contact E -Mail Address Present Address City, State, Zip Code Telephone Number ( } Fax Number: ( } 3. Company's Name Name of Contact Title of Contact E -Mail Address Present Address City, State, Zip Code Telephone Number { } Fax Number: ( ) FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD. 8of8 ROUND ROCK, TEXAS PURPOSE FhSS10N. PflO5PENITY. CITY OF ROUND ROCK, TEXAS INVITATION TO BID CITYWIDE AGGREGATE MATERIAL IFBP No. 12-034 Addendum No. 1 Date of Addendum: March 1, 2013 Please note the answers to questions, clarifications, revisions or additions to the solicitation referenced above. 1. Q: Are any additional delivery sites to be added to the specification? A: Yes. The Deepwood Recycle Center may also a delivery location. The Deepwood Recycle Center is located at: 310 Deepwood Drive Round Rock, TX 78680 2. Q: Is a photo of the delivery truck and quarry required for submission? A: Yes, the City kindly requests photos of each. 3. Q: Can the City provide any insight as to anticipated ordering quantities? A: The City makes no guarantee of quantities to be purchased, however, last year's ordering history is available: TXDOT Item 247, Type A, Grade 2 = 5,000 Tons TXDOT Item 247, Type A, Grade 3 = Ordering history not available TXDOT Item 247, Type A, Grade 5 = 1,500 Tons 4. Q: Can the City correlate the listed TXDOT specifications with the item # and description from Texas Crushed Stone (TCS)? A: Yes. TXDOT Item 247, Type A, Grade 2 = TCS Item #111: Tested Super Flex Base TXDOT Item 247, Type A, Grade 3 = TCS Item #115: Non -tested Standard Flex Base TXDOT Item 247, Type A, Grade 5 = TCS Item #265: 3/8F — 3/8 —10M Approved by / Joy Baggett, Purchaser By the signatures affixed below this addendum 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. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 05/31/2013 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 poficy(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 Marsh USA, Inc. CONTACT NAME: 1166 Avenue of the Americas New York, NY 10036 PHONE FAX ) ---- A/C No): E-MAIL - ADDRESS: INSURERS AFFORDING COVERAGE NAIC # 508628-All-CasTX-1314 INSURER A ; Liberty Mutual Fire Insurance Company 23035 INSURED INDUSTRIAL ASPHALT LLC INSURER B : Liberty Insurance Company_ 42 404 9020 N. CAPITAL OF TEXAS HIGHWAY BUILDING 11 SUITE 250 INSURER C: N/A N/A INSURER D : AUSTIN, TX 78759 INSURER E: INSURER F: -- ----------•-• - Rcv[JIVIV IVUIVR cmq 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 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. INSR I ADDL SUBR LTR TYPE OF INSURANCE POLICY NUMBER MMIDDYIYYYY MMIDDYYY LIMITS A 11 GENERAL LIABILITY T62-631-509969-023 03/31/2013 03/3112014 EACH OCCURRENCE s 2,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED 1,000,000 PREMISES Ea occurrence 5 MED EXP (Any one person) s 10,000 CLAIMS -MADE El OCCUR PERSONAL& ADV INJURY s 2,000,000 GENERAL AGGREGATE s 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG S 4,000,000 POLICY X PRO- X LOC SIR s 100,000 A AUTOMOBILE LIABILITY AS2-631-509969-033 03131/2013 03/31/2014 COMBINED SINGLE LIMIT Ea adent S 5,000,000 X BODILY INJURY (Per person) S ANY AUTO ALL OWNED SCHEDULED ---- BODILY INJURY (Per accident) S AUTOS AUTOS X HIRED AUTOS X NON-0tATlEO AUTOS PROPERTY DAMAGE S Per accident S UMBRELLA UABOCCUR EACH OCCURRENCE S EXCESS LIARid CLAIMS -MADE AGGREGATE s DED RETENTIONS S B WORKERS COMPENSATION WA7-63D-509969-013 03/31/1013 03131/2014 X I WC STATU- OTH- AND EMPLOYERS' LIABILITY YIN TORY LIMITS ER E.L. EACH ACCIDENT S 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? a NIA (Mandatory IIt yes, describe under nd E.L. DISEASE - EA EMPLOYE S 1,000,000 E.L. DISEASE - POLICY LIMIT S 1,000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) City of Round Rock and its officers, employees and elected officials are included as additional insured (except workers' compensation) where required by written contract. Waiver of subrogation is applicable where required by written contract. This insurance is primary and non-contributory over any existing insurance and limited to liability arising out of the operations of the named insured and where required by written contract. City of Round Rock Attn: Assistant City Manager 221 E. Main St. Round Rock, TX 78664 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 of Marsh USA Inc. Robert A. Mazzaro 7C -4—v- 4...�y y.,. v 19dd-ZU1U AGORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD City of Round Rock �RWND ROCK. TEXAS PURPOSE PA4t01t PRd>'PFAIlY Agenda Item Summary Agenda Number: E.11 Title: Consider a resolution authorizing the Mayor to execute a City of Round Rock Agreement for Purchase of Services for Delivery of Aggregate Material with Industrial Asphalt & Aggregate, LLC. Type: Resolution Governing Body: City Council Agenda Date: 6/27/2013 Dept Director: Michael Thane, Director of Utilities and Environmental Services Cost: Indexes: Utility Fund Attachments: Resolution, Exhibit A Text of Legislative File 13-458 The City has been purchasing aggregates from Texas Crushed Stone for over 15 years. In March of this year, the City went out to bid for a contract to purchase and haul aggregates. Three vendors are being recommended to receive contracts with the City to either purchase and/or haul these aggregates to the City. Industrial Asphalt & Aggregate, LLC is being recommended to receive one of the three contracts. This contract includes purchasing the material and hauling aggregates from their quarry and delivering them to the City whenever the City is unable to haul the material. There are three types of aggregates that will be hauled. -TCS#111 1-3/4" super base tested -TCS#115 1-3/4" standard base -TCS #265 3/8" Type F (fine gravel washed) Staff recommends entering into this three year contract that may be renewed for an additional two years. The cost per ton for Industrial Asphalt & Aggregrate, LLC to purchase the aggregate and deliver to the City is $9.75 per ton. Staff recommends approval. wry or mound Rock Page 1 Printed on 6125/2013 cl J � � z 3 V (D :D J X °Cki O w O CN � CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF SERVICES FOR DELIVERY OF AGGREGATE MATERIAL WITH INDUSTRIAL ASPHALT & AGGREGATE, LLC THE STATE OF TEXAS § CITY OF ROUND ROCK § COUNTY OF WILLIAMSON § COUNTY OF TRAVIS § KNOW ALL BY THESE PRESENTS: That this Agreement for purchase of services for delivery of aggregate materials to municipal facilities, referred to herein as the "Agreement," is made and entered into on this the `moi'* day of the month of _ j t4<,, 20 l3 , 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 INDUSTRIAL ASPHALT & AGGREGATE, LLC whose address is 9020 N. Capital of Texas Highway, Building 2, Suite 250, Austin, Texas 78759, referred to herein as the "Vendor." 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 services for delivery of aggregate materials, and City desires to purchase same from Vendor; and WHEREAS, City has issued its Invitation for Bid under Solicitation Number 12-034, including Addendum No. 1, dated March 1, 2013, Specification Number 12-745-01, 12-750-52, 12-750-77, 12-750-56 for the provision of said goods and services, and City has selected the bid submitted by Vendor; 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 Vendor whereby City is obligated to buy specified goods and/or services and Vendor is obligated to sell same. 00273251.doc/jmr -V--- (-3.- V - 2,1--t. ( The Agreement includes the following: (a) City's Invitation for Bid under Solicitation Number 12-034, including Addendum No. 1, dated March 1, 2013, Specification Number 12-745-01, 12- 750-52, 12-750-77, 12-750-56; (b) Vendor'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) Vendor's Response to IFB; (3) City's Invitation for Bid, 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 supplies, materials, commodities, or equipment, and the specified performance of services. assigns. F. Vendor means Industrial Asphalt & Aggregate, LLC, and its successors or 2.01 EFFECTIVE DATE; TERM; NO ALLOWABLE RENEWALS A. This Agreement shall be effective upon the date on which 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 no more than two (2) additional terms of twelve (12) months each, 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 Vendor 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 as a result of a cost 4 increase in goods or services in accordance with the Producers Price Index located at http://www.bls.-Lo-v-/Dp-i/pMt)i dr htm. Any price increase shall be requested by Vendor in writing and accompanied by the appropriate documentation to justify the requested increase. Vendor may offer price decreases in excess of the allowable percentage change. Price increases for delivery services are not permitted under this Agreement. 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 Vendor as the secondary vendor of choice to supply the goods and services as outlined in City's Invitation for Bid under Solicitation Number 12-034, including Addendum No. 1, dated March 1, 2013, Specification Number 12-745-01, 12-750-52, 12-750-77, 12-750-56, and Response to IFB submitted by Vendor, all as specified in Exhibit "A" attached hereto and made a part hereof for all purposes. The intent of these documents is to formulate an Agreement listing the responsibilities of both parties as outlined in relevant documents and as offered by Vendor in its Response to the IFB. The goods and 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 ITEMS AWARDED; PERFORMANCE; INITIAL RESORT TO PRIMARY PROVIDER A. Items Awarded All bid items listed in Items 1 through 3 on Exhibit "A" are awarded to Vendor as secondary provider, subject to the terms of this Agreement. B. Performance All items shall be delivered to City at 910 Luther Peterson Place, Round Rock, Texas 78665 or at 310 Deepwood Drive, Round Rock, Texas 78680, or other location as specified in the relevant purchase order. Vendor shall deliver all goods ordered within forty-eight (48) hours of receipt of a purchase order to the location specified therein. C. Initial Resort to Primary Provider The parties specifically acknowledge and agree as follows: Vendor 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. Vendor 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. 5.01 COSTS Vendor specifically acknowledges and agrees that City is not obligated to use any estimated annual quantity of goods or services. Only if, as, and when needed by City, the bid costs listed on Exhibit "A" relevant to the referenced bid items, shall be the basis of any charges collected by Vendor. 6.01 INVOICES All invoices shall include, at a minimum, the following information: A. Name and address of Vendor; B. Purchase Order Number; C. Description and quantity of items delivered; and D. Delivery dates. 7.01 INTERLOCAL COOPERATIVE CONTRACTING / PURCHASING Authority for local governments to contract with one another to perform certain governmental functions and services, including but not limited to purchasing functions, is granted under Government Code, Title 7, Chapter 791, Interlocal Cooperation Contracts, Subchapter B and Subchapter C, and Local Government Code, Title 8, Chapter 271, Subchapter F, Section 271.101 and Section 271.102. Other governmental entities within the State of Texas may be extended the opportunity to purchase off of the City of Round Rock's bid, with the consent and agreement of the successful vendor(s) and Round Rock. Such agreement shall be conclusively inferred for the vendor from lack of exception to this clause in the vendor's response. However, all parties hereby expressly agree that the City of Round Rock is not an agent of, partner to, or representative of those outside agencies or entities and that the City of Round Rock is not obligated or liable for any action or debts that may arise out of such independently -negotiated "piggyback" procurements. 8.01 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 4 determined by City's budget for the fiscal year in question. City may effect such termination by giving Vendor a written notice of termination at the end of its then -current fiscal year. 9.01 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be made by City to Vendor 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. Vendor 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 Vendor, 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 Vendor 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. 10.01 GRATUITIES AND BRIBES City may, by written notice to Vendor, cancel this Agreement without incurring any liability to Vendor if it is determined by City that gratuities or bribes in the form of entertainment, gifts, or otherwise were offered or given by Vendor or its agents or representatives to any City officer, employee or elected representative with respect to the performance of this Agreement. In addition, Vendor may be subject to penalties stated in Title 8 of the Texas Penal Code. 11.01 TAXES City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be included in Vendor's charges. 12.01 ORDERS PLACED WITH ALTERNATE VENDORS If Vendor cannot provide the goods as specified, City reserves the right and option to obtain the products from another supplier or suppliers. 5 13.01 INSURANCE Vendor shall in all respects comply with the provisions delineated Solicitation Number 12-034, including Addendum No. 1, dated March 1, 2013, Specification Number 12-745-01, 12- 750-52, 12-750-77, 12-750-56 (including all attachments and exhibits), Attachment A hereto, and its bid response. 14.01 CITY'S REPRESENTATIVE City hereby designates the following representative authorized to act on its behalf. Rick Whisenant Utilities and Environmental Services Department 901 Luther Peterson Place Round Rock, Texas 78664 512-218-5570 rwhisenant@roundrocktexas.gov 15.01 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. 16.01 DEFAULT If Vendor abandons or defaults hereunder and is a cause of City purchasing the specified goods elsewhere, Vendor 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. Vendor shall be declared in default of this Agreement if it does any of the following: A. Fails to fully, timely and faithfully perform any material obligations hereunder; B. Becomes insolvent or seeks relief under the bankruptcy laws of the United States; C. Fails to provide adequate assurance of performance under the "Right to Assurance" section herein. 17.01 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 Vendor. C61 B. In the event of any default by Vendor, City has the right to terminate this Agreement for cause, upon ten (10) days' written notice to Vendor. C. Vendor has the right to terminate this Agreement only for cause, that being in the event of a material and substantial breach by City, or by mutual agreement to terminate evidenced in writing by and between the parties. D. 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 Vendor, Vendor shall discontinue all services in connection with the performance of this Agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such orders and contracts are chargeable to this Agreement. Within thirty (30) days after such notice of termination, Vendor 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 Vendor that portion of the charges, if undisputed. The parties agree that Vendor is not entitled to compensation for services it would have performed under the remaining term of the Agreement except as provided herein. 18.01 INDEMNIFICATION Vendor 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 Vendor, or Vendor's agents, employees or subcontractors, in the performance of Vendor'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 Vendor, including, but not limited to the right to seek contribution, against any third party who may be liable for an indemnified claim. 19.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES Vendor, its agents, employees and subcontractors shall use best efforts to comply with all applicable federal and state laws, City's Charter and Ordinances, as amended, and all applicable rules and regulations promulgated by local, state and national boards, bureaus and agencies. 20.01 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. 7 21.01 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 Vendor: Industrial Asphalt & Aggregate 9020 N. Capital of Texas Highway, Building 2, Suite 250 Austin, TX 78748 78759 Notice to City: Steve Norwood, City Manager Stephan L. Sheets, City Attorney 221 East Main Street AND TO: 309 East Main Street Round Rock, TX 78664 Round Rock, TX 78664 Nothing contained herein shall be construed to restrict the transmission of routine communications between representatives of City and Vendor. 22.01 APPLICABLE LAW; ENFORCEMENT AND VENUE This Agreement shall be enforceable in Round Rock, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 23.01 EXCLUSIVE AGREEMENT This document, and all appended documents, constitutes the entire Agreement between Vendor 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. 24.01 DISPUTE RESOLUTION City and Vendor 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. 25.01 SEVERABILITY The invalidity, illegality, or unenforceability of any provision hereof or the occurrence of any event rendering any portion or provision of this Agreement void shall in no way affect the 8 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. 26.01 MISCELLANEOUS PROVISIONS Standard of Care. Vendor 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. Vendor understands and agrees that time is of the essence and that any failure of Vendor to fulfill obligations for each portion of this Agreement within the agreed timeframes will constitute a material breach of this Agreement. Vendor 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 Vendor's failure to perform in these circumstances, City may pursue any remedy available without waiver of any of City's additional legal rights or remedies. Force Majeure. Neither City nor Vendor 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 Vendor have executed this Agreement on the dates indicated. City of Round Rock, Texas For City, Attest: By: Printed Title: Date Si W By: Sara L. White, City lerk For*StephaShLeets,CCity By: 4Attomey Industrial Asphalt & Aggregate, LLC BY: 1 c Printed Name: ?��KA�L 11LL0 Title: \(p e Q SA Lu S Date Signed: App\ t--- Z(o 1, To 15 10 J!R��ND ROCK.TUA.S Attachment "A" DATED: JULY 2011 . PASSION PROSPERITY CITY OF ROUND ROCK INSURANCE REQUIREMENTS 1. INSURANCE: The Vendor shall procure and maintain at its sole cost and expense for the duration of the agreement or purchase order resulting from a response to the Solicitation/Specification insurance against claims for miuries to persons or damages to property which may arise from or in connection with the performance of the work as a result of the solicitation by the successful respondent 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 Agreement. 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 solicitation specification and the insurance endorsements stated below. Page 1 of 4 'ROUND ROCK. TEXAS PURPOSE PASS Mt PROSKMY DATED: JULY 2011 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 the agreement 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, solicitation 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 2. WORKERS COMPENSATION INSURANCE 2.1. 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. 2.1.1. 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. 2.1.2. 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. 2.2. 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 - Page 2 of 4 JROUND ROCK, TEXAS PURPOSE FOM M PRWYMfY DATED: JULY 2011 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. 2.3. 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. 2.4. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being awarded the agreement. 2.5. If the coverage period shown on the CONTRACTOR'S current certificate of coverage ends during the duration of the project, the CONTRACTOR shall, prior to the end of the coverage period, file a new certificate of coverage with the OWNER showing that coverage has been extended. 2.6. The CONTRACTOR shall obtain from each person providing services on a project, and provide to the OWNER: 2.6.1. 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 2.6.2. no later than seven (7) 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. 2.7. The CONTRACTOR shall retain all required certificates of coverage for the duration of the project and for one (1) year thereafter. 2.8. The CONTRACTOR shall notify the OWNER in writing by certified mail or personal delivery, within ten (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. 2.9. 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. 2.10. The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a project, to: 2.10.1. 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; 2.10.2. 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; 2.10.3. 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; Page 3 of 4 J!n�ND ROCK. TEXAS M M%M PROS dry DATED: JULY 2011 2.10.3. 1. obtain from each other person with whom it contracts, and provide to the CONTRACTOR: 2.10.3.1.1. a certificate of coverage, prior to the other person beginning work on the project; and 2.10.3.1.2. 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 2.10.3.2. retain all required certificates of coverage on file for the duration of the project and for one (1) year thereafter; 2.10.3.3. notify the OWNER in writing by certified mail or personal delivery, within ten (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 2.10.3.4. contractually require each person with whom it contracts, to perform as required by paragraphs (2.1 thru 2.7), with the certificates of coverage to be provided to the person for whom they are providing services. 2.10.3.5. By signing the solicitation associated with the 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. 2.10.3.6. 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 agreement void if the Contractor does not remedy the breach within ten (10) calendar days after receipt of notice of breach from the owner. Page 4 of 4 IffiOUNI) ROCK TfKAS tt'ntaY. fidY.�Y rrosrnri: BID FORM PURCHASING DEPARTMENT 221 E. Main Street • Round Rock, Texas 78664-6299 Solicitation Number: #12-034 Solicitation Name: Aggregate Materials Business Name: ��a4�r, ti_ c ,Ct�++Han�ec_ Opening Date: March 12, 2013 Opening Time: On or Before 3:00 PM CST • Opening Location: City of Round Rock City Hall _ 221 E. Main Street Round Rock, TX 78664 • Tax ID Number Business Name: ��a4�r, ti_ c ,Ct�++Han�ec_ of el Address: II *)DO �%, ("-.P, TKil W',J)d Address: Contact: Telephone: Entity Type: E-mail: I O -C_ n , C I •S i s • • 1 ` s • ❑ Newspaper City's Website E-mail Announcement ❑ ESBD ❑ Other • • FIRSTIVE IS YOUR BUSINESS • • • ❑Yes No r ❑ Yes No Register at: roundrocktexas.gov/VendorCentral RESPOF • • • 1•' EXHIBIT A 1-9 ryl 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 terms outlined in art I, #14 of this solicitation. If applicable, do7ouareetYes El No Response shall include ane (1) signed original and tour (4) cod TO� �� CLIZ Printed Name Failure to sign response will disqualify response. I or Cooperative Contracting (Piggybacking) per the purchasing from other governmental agencies? 34' -/S - Date SOLICITATION NUMBER 12-034 SPECIFICATION NUMBER 12-745-01 •12-750-52. 12-750-77.12-750-56 ATTACHMENT A RESPONDENT'S REFERENCE SHEET PLEASE COMPLETE AND RETURN THIS FORM Wt'7'H THE SOLICITATION RESPONSE SOLICITATION NUMBER: # RESPONDENT'S NAME: DATE: 3 ^ 6 - 13 Provide the name, address, e-mail address, telephone number and point of contact of at least three (3) 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 solicitation. Company's Name Name of Contact Title of Contact E -Mail Address Present Address City, State, Zip Code Telephone Number 2. Company's Name Name of Contact Title of Contact E -Mail Address Present Address City, State, Zip Code Telephone Number 3. Company's Name Name of Contact Title of Contact E -Mail Address Present Address City, State, Zip Code Telephone Number c 5 +1t) 39 1:� - oa_?,� Fax Number: ( ) G'_t.�cvin Llaq_ (6,Lt11�V (SLI ) q 7,2 - Q72 Z Fax Number: ( ) FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD. 8of8 �- �y-� �:� Th.<�r - -- ?oa ti j- ytar,� ; . �_._ __ 1725 county road 239 geotgetown tx 78633 - Google Maps Page 1 of 1 http://maps.google.com/maps?riz=1T4AURU enUS512US512&q=1725+county+road+23... 3/11/2013 1826 Kramer Lane, Suite M Austin, Texas 78758 DJ'R p 1512-926-6650 11512-833-5058 \, 6rghtPeople. Righ3so#urions, kleinfelder.com TO: Austin Materials, LLC PROJECT: 2013 Industrial Asphalt Attn,: Mr. Jimmy Whited and Aggregates 9020 N. Capitol of Texas Hwy., Bldg, 2, Ste, 250 PO#700-001300 Austin, Texas 78759 PN NO.: 110200-006 DATE., '2-28-13 CONTROL NO.: 021903 A Report of: Physical Test for Flexible Base Material Specifications: TxDOT Specification Item 247, Grade 1, Grade 4, Grade.5 Test Methods: TEX-100-E, TEX-101-E, TEX-104-E, TEX-105-E, TEX-106-E TEX-110-E, TEX-113-E, TEX-116-E, TEX-117-E Sample Number: S-18587 1 Dry Density --- Stockpile ID##: 104 3 5 192 Sampled By: B, Siler, NICET 11 #90339 140 Date Sampled: 2-19-13 27 Max. 40 Max, 40 Max, 40 TEX-117-E, Part 11(Accelerated Method) Material Description: Crushed Limestone Base Strenqth 130 Atterberg Limits Result Gr. 1 Gr. 4 Gr. 5 136 Liquld Limit 20 Max, 35 Max. 40 Max. 35 134 Plastic Limit 16-- 134.7 pcf -- -- -- Min. 90 Min. 90 Optimum Moisture, OM 7.3% Lateral Pressure: 15 psi 232 Min. 175 Plasticity Index 4 Max. 10 Max. 12 Max. 102 Linear Shrinkage (%) -- -- -- -- -190 Sieve Analysis %Retained Gr. 1_ Or. 4 Gr, 5 n res 2 1/2" 0 -- 0 0 1-3/4" 0 0 0 0-5 126 7/8" 22,0 10-35 8-30 10-35 3/8" 49.5 30-50 30-60 35-65 12a #4 63.8 45-65 45-70 45-75 122 #40 82.3 70-85 70-85 70-90 #200 87.0 -- -- -- 120 �.,:.e.. 1=..�..._-�G�►` R01 r :T s.1'!i?IGiYIIRbbdt S.Wright, P.E_ pure+n1 tosprXQbla Lultelag ca]ss, the In ftpteswo to Ih'arepo°as k bd'TikclusNeirso ul ll`a-11P.Lgrytl,IM nplslG+d deggn prolvs5ioocl rn �espondWa clu�po, Titorasuhs npptym1ly IQ the sahebs ttskLL It cLanges to the apxds:aUonavnw uredo an!tgl roax"wkatla�((lo;Klcln�agss,t ivasiutUes ro Rspe6'NulyfaPssltailslalenuMs (mte:sldus,w!meeQ,Vprovtdal. It somptnrest00%nm inoed snMrbcnspottcd to ewhbua:oryny ps,rtas Olhcr IlnngetafeWerstoRythigjdpwl sealees'eEY;pfassaletbn as>ZteiAerMe ssmpks arc re}rasenlo!baatho mste"elensile. 3 5 7 9 11 Wet Ball Mill Result Gr. 1 Gr, 4 Gr. 5 Moisture content (%) Wet Ball Mill Value 27 Max. 40 Max, 40 Max, 40 TEX-117-E, Part 11(Accelerated Method) Increase in (-)#40 10 Max. 20 Max. 20 Max, 20 Strenqth Grade 1 Grade 4 Grade 5 si Compaction Test lateral Pressure: 0 psi 68 Min. 45 -- -_ Max. Dry Unit Weight 134.7 pcf Lateral Pressure: 3 psi 131 -- Min. 90 Min. 90 Optimum Moisture, OM 7.3% Lateral Pressure: 15 psi 232 Min. 175 Min. 175 Min. 175 ,sem s t- v ReviewedBV:.bF �.,:.e.. 1=..�..._-�G�►` R01 r :T s.1'!i?IGiYIIRbbdt S.Wright, P.E_ pure+n1 tosprXQbla Lultelag ca]ss, the In ftpteswo to Ih'arepo°as k bd'TikclusNeirso ul ll`a-11P.Lgrytl,IM nplslG+d deggn prolvs5ioocl rn �espondWa clu�po, Titorasuhs npptym1ly IQ the sahebs ttskLL It cLanges to the apxds:aUonavnw uredo an!tgl roax"wkatla�((lo;Klcln�agss,t ivasiutUes ro Rspe6'NulyfaPssltailslalenuMs (mte:sldus,w!meeQ,Vprovtdal. It somptnrest00%nm inoed snMrbcnspottcd to ewhbua:oryny ps,rtas Olhcr IlnngetafeWerstoRythigjdpwl sealees'eEY;pfassaletbn as>ZteiAerMe ssmpks arc re}rasenlo!baatho mste"elensile. t { � 1� y Mme, Y5 L � SSb S� t ww SOLICITATION NUMBER 12-034 SPECIFICATION NUMBER 12-745-01 •12-750-52.12-750-77,12-760-56 CITY OF ROUND ROCK INVITATION FOR BID CITYWIDE AGGREGATE MATERIAL PART GENERAL 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 aggregate materials for the City's waterline maintenance and roadway surface treatments, herein after "Materials". These Materials shall comply with the State of Texas Department of Transportation (TxDOT) specifications contained herein. The format of this bid seeks pricing on Materials delivered to the City and also pricing on the City picking -up the Materials from the Respondent's nearest site. 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/homerindex.asp?paqe=463. 2.1. Any exception 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.aov/home/index.asp?paae=463. 4. ATTACHMENTS: Attachment A Is herein made a part of this solicitation: 4.1. Attachment A: Reference Sheet 4.2. Attachment B: Location Map of Delivery Site 5. CLARIFICATION: For questions or clarifications of specifications, you may contact: Joy Baggett Purchasing Department City of Round Rock Telephone: 512-218-6682 jbaggett@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. RESPONDENT REQUIREMENTS: The opening of a solicitation shall not be construed as the City's acceptance of such as qualified and responsive. Respondents qualifications shall be as follows: 1 of 8 SOLICITATION NUMBER 12-034 SPECIFICATION NUMBER 12-745-01 •12-750-52.12-750-77. 12-750-56 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's material site shall be located within: �60 Miles from Round Rock, Texas 78681 ❑ 120 Miles from Round Rock, Texas 78681 ❑ United States 6.4. Provide the name, address, telephone number and E-MAIL of at least three (3) Municipal and/or Government agencies or other clients of similar size and scope 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. 6.5. Allow a designated City representative to visit the Respondent's quarry prior to award. BEST VALUE EVALUATION AND CRITERIA: All solicitations received may be evaluated based on the best value for the City. 7.1. In determining best value, the City may consider: 7.1.1. Purchase price; 7.1.2. Reputation of Respondent and of Respondent's goods and services; 7.1.3. Quality of the Respondent's goods and services; 7.1.4. The extent to which the goods and services meet the City's needs; 7.1.5. Respondent's past relationship with the City; 7.1.6. The total long-term cost to the City to acquire the Respondent's goods or services; 7.1.7. Any relevant criteria specifically listed in the solicitation. 7.2. The City reserves the right to reject any or all responses, 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: An initial term of the resulting agreement shall be three (3) consecutive (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. 8.1. The City's 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. 8.2. Notice 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 thirty (30) days to correct such deficiencies. If the respondent fails to correct the 2of8 SOLICITATION NUMBER 12-034 SPECIFICATION NUMBER 12-745-01 •12-750-52.12-750-77. 12-750-56 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. 8.3. A termination clause. 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 OR DECREASE: A price increase or decrease to the agreement may be considered based on the following: 9.1. Price increase cannot exceed 25% for the total cost and term of the agreement. 9.2. PROCEDURE TO REQUEST INCREASE OR OFFER DECREASE. 9.2.1. Mail the price increase request to the designated City Contract Specialist a minimum of 120 days prior to each renewal period. Vendor shall supply supporting documentation as justification for each request. City of Round Rock Purchasing Department ATTN: Contract Specialist 221 E. Main Street Round Rock, Texas 78664-5299 9.2.2. Upon receipt of the request, the City reserves the right to either: accept the escalation as supported by the appropriate price index and make change to the 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, 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://www.roundrocktexas.gov/homelindex.asp?page=463. 10.1. A primary and secondary award maybe made to provide the City with a back-up supplier should the primary vendor be unable to deliver the goods within the specified time fame of the order. 11. ACCEPTANCE: Acceptance inspection should not take more than ten (10) working days from delivery of goods. The vendor will be notified within this time frame if the goods delivered are not in full compliance with the specifications. If any agreement or purchase order is canceled for non- acceptance, the needed good 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: 3of8 SOLICITATION NUMBER 12-034 SPECIFICATION NUMBER 12-745-01 •12-750-52. 12-750-77. 12-750-55 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 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: 9.1 Solicitation released February 16, 2013 9.2 Pre -Solicitation Meeting and Site Visit (Non -Mandatory) February 26, 2013 February 26, 2013 at 10:00 AM City of Round Rock Waterline Maintenance Building 910 Luther Peterson Place Round Rock, Texas 78665 9.3 Deadline for questions February 26, 2013 9.4 City responses to all questions or addend ums March 5, 2013 9.5 Responses for solicitation due at or before 3:00 PM March 12, 2013 All questions regarding the solicitation shall be submitted in writing at or before 5:00 PM on the due date noted in PART II. A copy of all the questions submitted and the City's response to the questions shall be posted on our webpage, http://Www.rou ndrOGktexas.ciovlhomelindex.asp?paae=463. Questions shall be submitted to the City contact named in PART I. 4of8 SOLICITATION NUMBER 12-034 SPECIFICATION NUMBER 12-745-01 •12-750-52.12-750-77. 12-750-56 The City reserves the right to modify these dates. Notice of date change will be posted to the City's website. 2. PRE -SOLICITATION MEETING SITE VISIT AND INSPECTION: A pre -solicitation meeting, site visit and inspection will be conducted to fully acquaint Respondents with the facilities, difficulties and/or restrictions. The site visit and inspection will immediately follow the pre -solicitation meeting. The pre -solicitation meeting will be conducted on: February 26, 2013 at 10:00 AM City of Round Rock Waterline Maintenance Building 910 Luther Peterson Place Round Rock, Texas 78665 9.1 The City considers this pre -solicitation meeting voluntary. 9.2 Respondents are required to provide their own transportation for the site inspection tour.. 3. RESPONSE DUE DATE: Signed and sealed responses are due at or before 3:00 PM, on the date noted above to the Purchasing Department. Mail or carry sealed responses to: City of Round Rock Purchasing Department 221 E. Main Street Round Rock, Texas 78664-5299 9.1 Responses received after this time and date shall not be considered. 9.2 Sealed responses shall be clearly marked on the outside of packaging with the Solicitation title, number, due date and "DO NOT OPEN". 9.3 Facsimile or electronically transmitted responses are not acceptable. 9.4 tate responses will be returned to Respondent unopened if return address is provided. 9.5 Responses cannot be altered or amended after opening. 9.6 No response can be withdrawn after opening without written approval from the City for an acceptable reason. 9.7 The City will not be bound by any oral statement or offer made contrary to the written specifications. 4. SOLICITATION UPDATES: Respondents shall be responsible for monitoring the City's website at http://www.roundrocktexas.gov/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. 5. POST AWARD MEETING: The City and Respondent shall have a post award meeting to discuss, but not be limited to the following: 9.1 Provide City contact(s) information for implementation of agreement. 9.2 Agreement terms and conditions. PART III SPECIFICATIONS 5of8 SOLICITATION NUMBER 12-034 SPECIFICATION NUMBER 12-745-01 •12-750-52. 12-750-77.12-750-56 1. SCOPE OF WORK: Respondent shall provide Materials per the noted TXDOT specifications contained herein. Material order shall be available for fulfillment within 24 hours of receipt of order. Respondent shall have the ability to deliver Materials to specified City location or allow, at City's discretion, the pick-up of Materials from Respondent's site. 2. PRODUCT SPECIFICATIONS: City requires TXDOT Flexible (Unbound) Base Material Item 247, Type A, Grades 2 (Untested), 3 (1 &3/4 Tested) and 5. 2.1 Product alternates will not be considered; 2.2 Specifications can be viewed on the TXDOT website at: http://onfinemanuals.txdot.gov/txdotmanuals/pdm/flexible unbound base selection htm 3. PRODUCT DOCUMENTATION: TXDOT compliance supporting documentation will be required. 4. 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 products or services needed to satisfy operating requirements within budgetary constraints, which maybe more or less than indicated. 5. DELIVERY: Good shall be delivered within 48 hours of receipt of Purchase Order by Successful Respondent. 6. RESPONDENT LOCATION: Location is an important factor in the evaluation of this purchase due to transportation costs associated with the pick-up of the material. The mileage for pick-up pricing shall be based on Google Maps data and transportation costs estimated at $0.45 ton/mile. The City shall conduct this calculation using the pick-up location provided on the Bid Sheet. 7. TESTING: Testing may be performed at the request of the City anytime on said Materials through an independent laboratory during the acceptance period stated herein. if the test results do not meet specifications, then the cost of the test will be absorbed by the Successful Respondent and the Materials may, at that time, be rejected. If the results of the test meet specifications, then the cost of the test shall be bome by the City. 8. MATERIALS SAMPLE AND INSPECTION: City reserves the right to inspect the respondent's materials and quarry location prior to executing an agreement or purchase order. Should materials not meet with City approval, City shall not be obligated to execute agreement or purchase order. WARRANTY: The Materials shall be warranted against defects for a period of not less than one (1) year beginning with the date of acceptance. 9.1 Respondent shall submit warranty information with response. 6. 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 in the process of Materials delivery. 6of8 SOLICITATION NUMBER 12-034 SPECIFICATION NUMBER 12-745-01 • 12-750-52. 12-750-77. 12-750-56 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. Respondent shall submit one (1) executed (signed) original and three (3) copies of each response. 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. 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. 2. Attachment A: Reference sheet shall include the name, address, active telephone number and valid e-mail address of at least three (3) firms applicable to Municipal and Government projects that have utilized similar services within the last two (2) years. 3. Documentation of TxDOT Material specification compliance. 4. Photo of delivery truck(s). 5. Location and photo of quarry. 7of8 SOLICITATION NUMBER 12-034 SPECIFICATION NUMBER 12-745-01 • 12-750-52.12-750-77.12-750-56 ATTACHMENT A RESPONDENT'S REFERENCE SHEET PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE SOLICITATION NUMBER: RESPONDENT'S NAME: DATE: Provide the name, address, e-mail address, telephone number and point of contact of at least three (3) 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 solicitation. 1. Company's Name Name of Contact Title of Contact E -Mail Address Present Address City, State, Zip Code Telephone Number ( ) Fax Number: ( ) 2. Company's Name Name of Contact Title of Contact E -Mail Address Present Address City, State, Zip Code Telephone Number ( } Fax Number: ( ) 3. Company's Name Name of Contact Title of Contact E -Mail Address Present Address City, State, Zip Code Telephone Number ( } Fax Number: ( ) FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD. 8of8 {4a 'ROUND ROCK, TEXAS PURPOSE PASSION. MOSPEWY. CITY OF ROUND ROCK, TEXAS INVITATION TO BID CITYWIDE AGGREGATE MATERIAL IFBP No. 12-034 Addendum No. 1 Date of Addendum: March 1. 2013 Please note the answers to questions, clarifications, revisions or additions to the solicitation referenced above. 1. Q: Are any additional delivery sites to be added to the specification? A: Yes. The Deepwood Recycle Center may also a delivery location. The Deepwood Recycle Center Is located at: 310 Deepwood Drive Round Rock, TX 78680 2. Q: Is a photo of the delivery truck and quarry required for submission? A: Yes, the City kindly requests photos of each. 3. Q: Can the City provide any insight as to anticipated ordering quantities? A: The City makes no guarantee of quantities to be purchased, however, last year's ordering history is available: TXDOT Item 247, Type A, Grade 2 = 5,000 Tons TXDOT Item 247, Type A, Grade 3 = Ordering history not available TXDOT Item 247, Type A, Grade 5 =1,500 Tons 4. Q: Can the City correlate the listed TXDOT specifications with the item # and description from Texas Crushed Stone (TCS)? A: Yes. Approved by TXDOT Item 247, Type A, Grade 2 = TCS Item #111: Tested Super Flex Base TXDOT Item 247, Type A, Grade 3 = TCS Item #115: Non -tested Standard Flex Base TXDOT Item 247, Type A, Grade 5 = TCS Item #265: 3/8F — 3/8 —10M Joy Baggett, Purchaser By the signatures affixed below this addendum 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. ACORU® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDNYYY) `. 05/31/2013 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(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 Marsh USA, Inc. 1166 Avenue of the Americas New York, NY 10036 CONTACT NAME. PHONE FAX A/ExthC No E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC # GENERAL LIABILITY INSURER A: Liberty Mutual Fire Insurance Company 23035 508628-All-CasTX-13-14 INSURED INDUSTRIAL ASPHALT LLC INSURER B ; Liberty Insurance Company 42404 INSURER C : N/A N/A 9020 N. CAPITAL OF TEXAS HIGHWAY BUILDING II SUITE 250 AUSTIN, TX 78759 INSURER D INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER: NYC -006642520-03 REVISION NUMBER•4 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 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. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYYI LIMITS A GENERAL LIABILITY TB2-631-509969-023 03/31/2013 03/31/2014 EACH OCCURRENCE $ 2,000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 71OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ 1,000,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 4,000,000 POLICY X PRO -X LOC JECT F_]A SIR $ 100,000 AUTOMOBILE LIABILITY AS2-631-509969-033 03/31/2013 03/31/2014 COEa aMBINEDccident SINGLE LIMIT 51000,000 X ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS P BODILY INJURY (Per accident) i ( ) $ X HIRED AUTOS X NON -OWNED AUTOS PROPERTY DAMAGE Per acc dent $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ $ B WORKERS COMPENSATION WA7-63D-509969-013 03/31/2013 03/31/2014X YvC oTH- AND EMPLOYERS' LIABILITYFR ANY PROPRIETOR/PARTNER/EXECUTIVE Y/ N OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N / A LIMIT- E.L. EACH ACCIDENT $ 1,000,0110 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) City of Round Rock and its officers, employees and elected officials are included as additional insured (except workers' compensation) where required by written contract. Waiver of subrogation is applicable where required by written contract. This insurance is primary and non-contributory over any existing insurance and limited to liability arising out of the operations of the named insured and where required by written contract. CERTIFICATE HOLDER CANCELLATION City of Round Rock Attn: Assistant City Manager 221 E. Main St. Round Rock, TX 78664 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 of Marsh USA Inc. Robert A. Mazzaro 7'.4V- 4. ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: T82-631-509969-023 COI NAMCIAL GENERAL LIA9IUTY 0020100704 THIS ENDORSEWNT CHANGES THE POLICY. PLEASE REM rrCAREFUU_y. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies Insurance provided under the followig COMMERCIAL GENERAL L KSILr Y COVERAGE PART A. Swdan 0 — Who Is An ktsurod is amended to tndude as an addEonal Insured the person(e) or organb:ation(s) shown In the Schedule, but only with respect to lkbft for'hodiy ury", -property damage- or 'personal and advertising kquq- caused, in wtaie or In part, by. 1. Your acts or omissions; or 2. The ads or emissions of those acing on your behalf; in the performance of your ongoing operations for the additional kw=d(s) at the locadon(s) desig- nated below. Name of Additional insured Aarsoro) Or Organisattnn(s): S. Witt rasped to the insurance afforded to these additional Insureds, the following additional mclu- sions apppr; This itstawttcs roes not appy to 'bodly injwy" or 'property damage` occurring alter; I. AN work, including materials, parts or equip. ment fumished In connecllon with such work on the project (other than aervk% mahenance or repairs) to be performed by or on behalf of the additional Insored(s) at the location of 0te covered operations has been completed; or 2. That portion of 'your work' out of tahkh the injury or damage arises has been put to b in- tended use by any person or organization other than another contractor or aubcorttrador en- gaged In performing operations for a prinelpal as a part of the same project. Lecalion(s) Of Covered operations information required to complete this Schodute, it not shown above, tall be shown In 1he Declarations. CO 2010 07 04 0 ISO PMPOd es, Inc., 2004 Page 1 at 1