R-05-05-12-11B2 - 5/12/2005RESOLUTION NO. R -05-05-12-11B2
WHEREAS, the City of Round Rock has duly advertised for bids for
vegetation control services, and
WHEREAS, Greenlander, LLC has submitted the lowest responsible
bid, and
WHEREAS, the City Council wishes to accept the bid of
Greenlander, 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 Vegetation Control
Services with Greenlander, 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 12th day of May, 2005.
AT'TE
1111 -the
CHRISTINE R. MARTINEZ, City Secret
v WEL , M yor
City of Round Rock, Texas
@PFDesktop\::ODMA/WORLDOX/0:/WDOX/RESOLUTI/R5051282.WPD/sc
y
CITY OF ROUND ROCK
AGREEMENT FOR PURCHASE OF
VEGETATION CONTROL SERVICES
FROM
GREENLANDER, LLC.
THE STATE OF TEXAS
CITY OF ROUND ROCK
COUNTY OF WILLIAMSON
COUNTY OF TRAVIS
KNOW ALL BY THESE PRESENT:
That this Agreement to provide vegetation control services, (referred to herein as the
"Agreement") is made and entered into on this the , 2005, 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
GREENLANDER, LLC, whose offices are located at P.O. Box 2126, Mansfield, Texas 76063
(referred to herein as the "Vendor"). This Agreement supersedes and replaces any previous
agreement between the named parties, whether oral or written, and whether or not established by
custom and practice.
RECITALS:
WHEREAS, City desires to purchase the provision of vegetation control services from
Vendor; and
WHEREAS, City has issued its Solicitation for the provision of said services, and City
has selected the Response to Solicitation 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 or services and Vendor is obligated to sell
specified goods or services.
B. City means the City of Round Rock, Williamson and Travis Counties, Texas.
00085732/jkg
b
0
D
9
EXHIBIT
"A"
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 mean the specified supplies, materials, or equipment.
F. Services means work performed to meet a demand. The furnishing of labor, time,
or effort by the vendor, involving the delivery of any specific end product.
2.01 EFFECTIVE DATE, DURATION, AND TERM
A. This Agreement shall be effective on the date it has been signed by both parties
hereto, and shall remain in full force and effect unless and until it expires by
operation of the term stated herein, or until terminated or extended as provided
herein.
B. The term of this Agreement shall be for a twelve-month period of time. After the
initial term, this Agreement may be renewed for up to four additional periods of
time not to exceed twelve months for each renewal, provided both parties agree in
writing.
C. City reserves the right to review Vendor's performance at any time during the
initial agreement or renewal period, 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 integrator of choice to supply the goods or services as
outlined 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 the Solicitation and as offered by Vendor in its Response to the
Solicitation.
The Agreement includes the following in Exhibit "A":
A. City's Solicitation designated as IFB No. 05-001 Vegetation Control Services,
B. Specification Number 99-988-89-01, revised September 2004
C. Vendor's Response to Solicitation;
D. Any exhibits, addenda, and/or amendments thereto.
2
Any inconsistencies or conflicts in the contract documents shall be resolved by
giving preference in the following order:
(1)
(2)
(3)
This Agreement;
Bidder's Response to Solicitation;
City's Solicitation, exhibits, and attachments.
4.01 ITEMS AWARDED
The goods or 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 as fully a part of this Agreement as if recited herein in full.
5.01 COSTS
The bid costs listed in Exhibit "A" shall be the basis of any charges collected by
Vendor. Agreement prices shall be original price, terms and conditions plus any
approved changes.
6.01 PRICE ADJUSTMENT
City may permit "unit price" adjustments, only as a result of a cost increase or
decrease in services in accordance with the Producers Price Index at
http://stats.bls.gov/ppt/. Any price increase to this contract shall be requested by Vendor
in writing and shall be accompanied by the appropriate documentation to justify the
increase, and shall be received by City at least one hundred twenty (120) days prior to the
contract expiration date. Vendor may offer price decreases, even in excess of the
allowable percentage change, at any time during the contract term.
7.01 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 or services received; and
D. Delivery dates.
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 goods or services as 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.
3
9.01 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to
Vendor will be made within thirty (30) days of the day on which City receives the
performance, supplies, materials, equipment, and/or deliverables, or within thirty (30)
days of the day on which the performance of services was complete, or within thirty (30)
days of the day on which City receives a correct invoice for the performance and/or
deliverables or services, whichever is later. Vendor may charge a late fee of one percent
(1%) for payments not made in accordance with this Prompt Payment Policy; however,
this Policy does not apply to payments made by City in the event:
A. There is a bona fide dispute between City and Vendor concerning the supplies,
materials, or equipment delivered or the services performed which causes the
payment to be late; or
B. The terms of a federal contract, grant, regulation, or statute prevent City from
making a timely payment with federal funds; or
C. There is a bona fide dispute between any of the parties and subcontractors or
between a subcontractor and its suppliers concerning supplies, materials, or
equipment delivered or the services performed which causes the payment to be
late; or
D. Invoices are not mailed to City in strict accordance with instructions, if any, on
the purchase order or the Agreement or other such contractual agreement.
10.01 GRATUITIES AND BRIBES
City may, by written notice to Vendor, cancel this Agreement without 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 meet all requirements as stated in the attached Solicitation and its
Response to Solicitation.
4
14.01 CITY'S REPRESENTATIVE
City hereby designates the following representative authorized to act in its behalf
with regard to this Agreement:
Todd Keltgen
Public Works
212 Commerce
Round Rock, Texas 78664
512-218-5583
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 under this Agreement and is a cause of City
purchasing the specified goods or services 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 goods or service and that it may not be considered in future bids for
the same type goods or service 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 of its material obligations under
this Agreement;
B. Fails to provide adequate assurance of performance under the "Right to
Assurance" section herein; or
C. Becomes insolvent or seeks relief under the bankruptcy laws of the United States.
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.
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.
5
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, the Charter and Ordinances of the City of
Round Rock, as amended, and with all applicable rules and regulations promulgated by
local, state and national boards, bureaus and agencies.
20.01 ASSIGNMENT AND DELEGATION
The parties each hereby bind themselves, their successors, assigns and legal
representatives to each other with respect to the terms of this Agreement. Neither party
shall assign, sublet or transfer any interest in this Agreement without prior written
authorization of the other party.
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
6
B. Three (3) days after being deposited in the United States mail, with postage
prepaid to recipient's address as stated in this Agreement.
Notice to Vendor:
Greenlander, LLC
P.O. Box 2126
Mansfield, Texas 76063
Notice to City:
David Kautz
Assistant City Manager and hief Financial Officer
221 East Main Street
Round Rock, TX 78664
AND TO:
Stephan L. Sheets
City Attorney
309 East Main Street
Round Rock, TX 78664
Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of City and 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 it shall lie in Williamson County, Texas. This
Agreement shall be govemed 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.
24.01 DISPUTE RESOLUTION
If a dispute or claim arises under this Agreement, the parties agree to first try to
resolve the dispute or claim by appropriate internal means, including referral to each
party's senior management. If the parties cannot reach a mutually satisfactory resolution,
then and in that event any such dispute or claim may be sought to be resolved with the
help of a mutually selected mediator. If the parties cannot agree on a mediator, City and
7
Vendor shall each select a mediator and the two mediators shall agree upon a third
mediator. Any costs and fees, other than attorney fees, associated with the mediation shall
be shared equally by the parties.
City and 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 of this Agreement
or the occurrence of any event rendering any portion or provision of this Agreement void
shall in no way affect the validity or enforceability of any other portion or provision of
this Agreement. Any void provision shall be deemed severed from this Agreement, and
the balance of this Agreement shall be construed and enforced as if this Agreement did
not contain the particular portion or provision held to be void. The parties further agree to
amend this Agreement to replace any stricken provision with a valid provision that comes
as close as possible to the intent of the stricken provision. The provisions of this section
shall not prevent this entire Agreement from being void should a provision which is of
the essence to this Agreement be determined void.
26.01 MISCELLANEOUS PROVISIONS
A. 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.
B. 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.
C. 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.
D. 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.
8
CITY OF ROUND ROCK, TEXAS
By:
Printed Name:
Title:
Date Signed:
GREENLANDER, LLC.
By:
Printed Name:
Title:
Date Signed:
ATTEST:
Christine R. Martinez, City Secretary
APPROVED AS TO FORM:
Stephan L. Sheets, City Attorney
9
EXHIBIT "A"
10
INVITATION FOR BID (IFB)
CITY OF ROUND ROCK PURCHASING OFFICE
221 E. Main Street
Round Rock, Texas 78664-5299
BIDS ARE DUE TO THE PURCHASING OFFICE
AT THE ABOVE ADDRESS BEFORE BID
OPENING TIME.
INVOICE TO:
City of Round Rock
Finance Department
221 East Main Street
Round Rock, Texas 78664-5299
BID F.O B. DESTINATION, FREIGHT PREPAID AND
ALLOWED UNLESS OTHERWISE SPECIFIED BELOW
DESTINATION:
City of Round Rock
Various Locations
FACIMILE RESPONSES
SHALL NOT BE ACCEPTED
SHOW BID OPENING DATE &
BIO NUMBER IN LOWER LEFT
HAND CORNER OF SEALED BID
ENVELOPE & SHOW RETURN
ADDRESS OF BIDDING FIRM.
VEGETATION CONTROL SERVICE
11/22/2004
UI 2
BID NUMBER 05-001
OPENING DATE: 12/7/2004 at 3:00 P.61
BID LOCATION: 221 E. Main Street, 1st Floor
Council Chambers, Round Rock, TX 78664
RETURN SIGNED ORIGINAL AND ONE COPY OF BID
BIDDER BHA °ION BELOW
allure to bilfwIll disqualify bid
Authorized Signature
Pe gel Pete her—
Dale
Print Name
SEE 1.6 ON BACK FOR INSTRUCTIONS:
TAX ID NO. dy .- 1.5-177/s- 7
LEGAL BUSINESS NAME: *. L. L (, -
REMIT TO ADDRESS: j?_ 0, apx Z/ 2 6 ,Ifiri- coal, 7 . 7'646 3
ORDER TO ADDRESS: sq„
CONTACT: (?g.,qn e. f•
TELEPHONENO.:y/7_ 4$-3-y177._ FAX NO: ..._2/_?. - 95-3 -. Z 35/S'
BUSINESS ENTITY TYPE: L i ^+. IL a ve L,' k 6/t;4
"By the signature hereon affixed, the bidder hereby certifies that neither the bidder nor the entity represented by the
bidder, or anyone acting for such entity has violated the antitrust 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 bid made
to any competitor or any other person engaged in such line of business."
Best Bid: All bids received shall be evaluated based on the best value for the City, which will be determined
by considering all or part of the following critera: Bid Price, Reputation of Bidder and the Extent to which the
goods or services meet the City's needs and Bidder's past relationship with the City.
BIDDER AGREES TO COMPLY WILL ALL CONDITIONS SET FORTH IN THIS SOLICITATION.
This is for a multiple year agreement for vegetation control services of drainage ditches, creek channels,
ponds, easements and rights-of-way within the city of Round Rock and in accordance with specificaiton No.
99-988-89-01, revised 9-2004 (11pgs), Attachement A-Draininage (19pgs) and Attachment B - Right's -Of -
PRE -BID: THE CITY WILL CONDUCT A BIDDER'S MEETING FOR ALL INTERESTED BIDDERS
SCHEDULED BELOW:
LOCATION: 221 EAST MAIN STREET, 1ST FLOOR, COUNCIL CHAMBERS, ROUND ROCK, TX.
DATE: NOVEMBER 29, 2004 TIME: 10:00 AM
POINT OF CONTACT: CAROLYN BROOKS TELEPHONE: (512)218-5457
The acres of drainage and miles of right of way are estimates only. Locations listed or identifiecd in
Attachements A & B may not be treated in the same contract year.
Bidders are requested to submit bids "Price Per Acre" for drainage and creeks and "Price Per Mire" for
VEGETATION CONTROL SERVICE
11/22/2004
2 of 2
6reeA L.
GRAND TOTAL -01158;V 4/
DELIVERY IN 7 DAYS
.„
1,
QTY
UNIT
MAKE & MODEL
UNIT
EXTENSION
ITEM #
CLASS & ITEM DESCRIPTION
988-89
DRAINAGE DITCHES AND PONDS PRICE PER ACRE
1
ACRE
1°1,00
39,576
2
THIRD HERBICIDE APPLICATION PER ACRE
1
ACRE
/0” 0
a
i 11) 700
FOR INFORMATION PURPOSES ONLY, PLEASE
PROVIDE TOTAL ACREAGE MEASURED FOR ALL
DITCHES AND PONDS LISTED IN ATTACHMENT A.
ACREAGE V7 ce_ct es
3
RIGHTS-OF-WAY AND EASEMENTS PRICED PER MILE
1
MILE
151.00
q 086 it
4
THIRD HERBICIDE APPLICATION PER MILE
FOR INFORMATION PURPOSES ONLY, PLEASE
PROVIDE TOTAL MILES MEASURED FOR ALL
RIGHTS-OF-WAY LISTED IN ATTACHMENT B.
MILES ST Al NeS
1
MILE
76
ifyoy et
LIST HERBICIDE(S) BIDDING
At Va. /fedWeedeS fro/
A VI. i -o r P. afor 64rign 3A
0vst XP -77:,Lerhis4 V)
GRAND TOTAL -01158;V 4/
DELIVERY IN 7 DAYS
CITY OF ROUND ROCK
PURCHASING OFFICE
REFERENCE SHEET (IFB)
Please Complete and Return This Form with the solicitation
SOLICITATION NUMBER: IFB 05-001
VENDOR'S NAME: (tee., /aaJ.e( I- C DATE: /2- - 6 " �Y
The Bidder shall furnish, with the solicitation, the following information, for at least five (5) recent
customers to whom goods or services have been provided that are similar to those required by this
solicitation.
1. Company's Name
Name of Contact
Title of Contact
Present Address
City, State, Zip Code
Telephone Number
2. Company's Name
Name of Contact
Title of Contact
Present Address
City, State, Zip Code
Telephone Number
3 Company's Name
Name of Contact
Title of Contact
Present Address
City, State, Zip Code
Telephone Number
4. Company's Name
Name of Contact
Title of Contact
Present Address
City, State, Zip Code
Telephone Number
5. Company's Name
Name of Contact
Title of Contact
Present Address
City, State, Zip Code
Telephone Number
c, f O 1C Aar t 4e %/ T.
' 4,4 Par •Aer'tlVd i-1 "tit4rei /t/r/7 .-.
C, 711 E� f ,'.' eel- v.'r eavr el ?LI/'c. (Jatkr
Pc_O, 13Q7r6i g
4fei44//1 'T. 7T67/
(903 ) '3S- Vy02
Fax Number ( yes 3) 93s - 4/5' 9
err ?4 et -14
T ''?? /4.41-1
Xet',,, ou,/i'.fo,t
7.
S freet S„`. ,., 11 -cm,/
200/ /?rec]nrf Line Rood
}/urt t j
( ) Fax Number ( )
C, , �r - 6 eery e. Awn
W;m i n j,Le-
Dr`a,'n age 4.40/ Sf!'eoft
3G0 , /t,tfrt�s/ Svc.
eve -5e )van , y 7x, 78'62-7
(S'/2 930- 35 -SS Fax Number (S,Z) 9 3o -''%S'/
C ,'r�. e{' sou I- /4
i(''eAir )4 i cc, ?V
p„ t; /f C Glorkt-,e'er - rat„4 qL
/ffro E. r!c 7(,rten/ B,''d. ✓
Sold-1+/de) 7;;.. 760 4a
(8/7 ) '/Q/ - 2/97 Fax Number 477 ) vi - Z 3 7/
C,/A7 0-f G/e6urrre
a/}s Lackey/
.54ret. f Si-Iter1,1 /rro%.,f
Z h' ?y Serrr+'ce Dr,
G/eeurirtt T . 7603/
(Stt7 ) S -r - 3zo3 Fax Number (./7)--$-6 26sy
Reference Sheet 1 Dated: 05/10/2004
City of Round Rock
Bid Number: 05-001
Vegetation Control Services
Required Vendor Information
PART II
5. Bidder Qualifications
5.1 Copies of licenses — attached
5.1.1 Supervisors
Dean Parker - 10 years experience
1611 Churchill Ln.
Mansfield, TX 76063
817-437-9909
license # 201564
James Mc Bride - 10 years experience
Rt 1 Box 424C
Mart, TX 76664
254-747-1883
license # 143495
5.1.2 Applicators
Audie Kieschnick — 2 years experience
1613 Churchill Ln.
Mansfield, TX 76063
817-477-1827
David Hanson —10 years experience
109 Cedarbrook
Monroe, LA 71203
318-345-4056
license # 304767
Ben Hanson — 8 years experience
202 Daywood Dr.
Monroe, LA 71203
318-801-0670
license # 265129
5.2 Contractors Equipment:
2003 Ford F-250 4x4
handgun
— Diaphragm pump rig with 1000 feet hose and
1997 Ford F-250 4x4 —
handgun
Diaphragm pump rig with 1000 feet hose and
1997 Honda 4x4 ATV — electric pump rig and handgun
2000 skid rig with diaphragm pump, 400 feet of hose, hand gun —
can be used in truck, trailer, flatbottom boat, airboat, or ATV
2002 GMC 2500HD 4x4 — Diaphragm pump rig with 1000 feet hose and
handgun
2004 Ford F-250 4x4 — 500 gal roadside rig with electronic adjustment
boombuster nozzles
5.3 Herbicide Treatment (per acre)
Roadside ROW: Razor Pro —16 ounces
Garlon 3A or Weedestroy — 32 ounces
Oust XP —1 ounce
Surfactant — '/2% solution
Drainage ditches and ponds: Razor Pro — 32 ounces
Garlon 3A or Weedestroy — 32 ounces
Aquaneat (aquatic areas) — 24 ounces
Surfactant — 'A% solution
Rates may be altered to best suit the Public Works Department
5.4 References
City of Marshall — Drainage channels, roadside ROW, cemeteries,
downtown sidewalks, water tower sites, pump stations, water and
wastewater treatment facilities, water pipeline Row's
Richard Turner — Public Works Director
John P. Porterfield - Engineer
P.O. Box 698
Marshall, TX 75671
903-935-4402
City of Hearne — Drainage channels, electric substation, wastewater plant
Robert Penney — Public Works Director
209 Cedar St.
Hearne, TX 77859
979-279-3461
City of Georgetown — Drainage channels, curb and gutter
Al Wininger — Streets and Drainage
300 Industrial Ave.
Georgetown, TX 78628
512-930-3555
Liberty Co. WCID #5 — 20 miles of drainage canals
R. N. Smart — Inspector
P.O. Box 626
Liberty, TX 77575
936-336-3370
City of Cleburne — 95 acres drainage channels, dam of city lake
Gary Lackey — Street Superintendent
2474 Service Dr.
Cleburne, TX 76031
817-556-3203
PART III
5. Service Responsibilities
5.2 Available 24 hours/day:
Dean Parker
Vice President
1611 Churchill Ln.
Mansfield, TX 76063
817-437-9909 cellular
5.3 Proposed Herbicides:
Labels are available upon request
Aquaneat — generic of Rodeo
Razor Pro — generic of Roundup Pro
Weedestroy
Garton 3A
Oust XP
MR. FORREST PARKER
1611 CHURCHILL LN
MANSFIELD, TX 76063
THIS IS YOUR LICENSE. CAREFULLY TRIM AWAY EXCESS MARGINS AND DISPLAY AT ALL TIMES.
TEXAS DEPARTMENT OF AGRICULTURE
SUSAN COMBS, COMMISSIONER
P. O. BOX 12847 AUSTIN, TX 7871 1-284 7
(877) LIC-AGRI (877-542-2474)
For the nearing impaired: (800) 735-2989 TOD (800) 735-2988 VOICE
www.agr.state.tx.us
COMMERCIAL PESTICIDE APPLICATOR LICENSE
This is to certify that the person whose name appears below has met
the requirements of Texas Agriculture Code Chapter 76, relating tc
application of restricted -use or state -limited -use pesticides or regulated
herbicides. This license is issued for purchase and application of
restricted -use or state -limited -use pesticides or regulated herbicides to
be used according to label direcbons consistent with the use categories
listed below.
MR. FORREST PARKER
1611 CHURCHILL LN
MANSFIELD, TX 76063
TDA Client No. 00239382
TDA License No- 0201564
Effective Date: March 1.2004
Expiration Date: February 28, 2005
CATEGORIES:
6A,5,3A
TEXAS DEPARTMENT OF AGRICULTURE
P.O. Box 12847 Austin, TX 78711-2847
COMMERCIAL. PESTICIDE APPLICATOR
LICENSE
TDA Client NO : 00239382
License No. 0201564
MR. FORREST PARKER
1611 CHURCHILL IN
MANSFIELD. TX 76063
Categories: 6A.5,3A
Effective Date: 03/01/04
Date Expires: 02/26/05
CEU COURSE ATTENDANCE
Date Location Course# Gen L R IPM Drift
USE BALL POINT PEN ONLY
i4 (:Si-4+9991. Xl 1?it/'N
TE.XASPsEMRTMFNT OFA'Z Ri^t1LT't!';E
12$1$7 Atii,iii!, Tx Tei7'' T .284
vj
COMMEPCIA. Pf:GTK Jt AF'F* !GATOR
LICENSE
TDA C in NO : OOS 7(yOAJ
Uoensa No. 03tAlli7
MR.. DAVID RAN$CN
PO BOX 807
SWAtrT2. LA 71181-0307
"Vtitli goileAr 6p.,S,3A
fig/it-Jive late: z/ZA)lir
'.)ate Expaes• 624 WS
C�a
'IAN t (ii81iS )272{7 .,
FRCiAS' STIC!IDE APP.UGATORucEAsE
t
ra
A Client NO !- 002eii50:76
t:icerthe Ne. ti2i45^2P
MIR .BENJAMIN HANSO N
10M.Ik{'`LA ri7et -Gott
t fi VIA, Data: 33/C1/04
Mite Eispher: C2°26105
EXHIBIT "D"
a
c�
m
m
o
GATTI$SCHOOL RD
SOV\S NE�NPB�JO
09
r�o ,
ao
N A.W. GRIMES FROM LOUIS HENNA BLVD TO TURTLE CREEK SUBDIVISION
_ W-�E ROAD SIDE PROGRAM ROUND RDCK.TIXAS
S aAme.nicim1.rpm�m
CR 122
Wd)19O}ld 3aIS avON
as SSV] VMS 01906E WlOHSIH3
m
r
N
ym
0 'v Na
GNPNO
O O
O,Z m
'� NN
O� N
O N
2
9
Nm
0
rW+E
CHANDLER RD FROM IH 35 TO EAGLES NEST
ROAD SIDE PROGRAM1&7DRveamxrnarrxnr
EO
2
Oo�MPNPO
00
IPA
w
z
N
BOWMAN RD AT N. MAYS FROM N. MAYS TO FM 1460
WE ROAD SIDE PROGRAM
S D R1*06N
M.(cIOM I'ROSFIIIIY
z
z
w 2 0)
5 Q
CCO
0
0
O
O
U
Q W
co
O
¢ VJ
LL
QElk
}
O
0 Cr
Y
� n
N
McNEIL ROAD FROM IH 35 TO CITY LIMIT SIGN
W+E R
S OAD SIDE PROGRAM RNOU�NDRD
ld 113-LS13W
2
w
JCC
o0
O0
J CCm
W
Q
O
J
2
O
Cr
U_0 J
a
cc
w
GATTIS SCHOOL RD
40o8
NENNPB�VO
N
GA"S SCHOOL RD FROM N. MAYS TO CR 122
W+E
S ROAD SIDE PROGRAM 'MNDOa Ary
GATTIS SCHOOL RD
40U`B N�NNPg��a
09
r�o
a
m�
�s
�Q
W+E LOUIS HENNA BLVD FROM N, IH 3b TO END OF ROAD
.
J-�rXDS ROAD SIDE PROGRAM
NG
9
Nm
�O
et
T
E
9
N� BO�MPNaO
E
OLD SETTLERS BLVD FROM N, MAYS TO FM 1460
�N�
u ROAD SIDE PROGRAM ROUND ROCK,TEXAS
Sg1M{LM%ION,MIKI,NIItY
OH 1IVtll MOHSIHO
0
NG
N
W E SUNRISE DR FROM US 79 TO CHANDLER RD
+
ROAD SIDE PROGRAMNna �
S n!Mt' inx.aaK gem
0
0
x
0
PP 62� m
v
0
0
P�
N
W+E DEEPWOOD DR FROM RR 620 TO END OF BLVD
S ROAD SIDE PROGRAM 1=0 W
0
J
ccO
O
U
DOUBLE CREEK DR
1.Jo 1 aged
saovd OZ
S'IJNt IVH3 xa a (INV SVaIV aDVNIVW I
H ZNaIAI [H3yI1y
1700Z "idoS :43SIn3I
10-68-886-66
'ON NOIIVOIdl03dS
J
w
Z
a
w
w
cc
c.)
0
Z
�a
w
c
w
z
oc
0
o
�G
� O
O�
NG
N
m
0
N
DITCH 2
DRAINAGE S GE AREAS AND CREEK CHANNELS RNK. ry
ill
1
Arinum !11�► Nagel 34-
1►I`
i:1m►iofi.morn
i
•
mLI1JIII I ii
111111 qiiiiii.�'■
CD4
j��
1111111. •1\ • 1id
1,'�j� ��t//
Ill
ISI11111111 ii►;j�
611111.4. It:.
44,4,.._
J
w
Z.
w
w
cc
U
z
w
w
z
cc
0
V♦
LU
z
a
0
w
LU
CC
U
u)0
6 Z
a
w
cc
a
w
cc
0
tIt
w
z
z
0
w
w
cc
v
z
�a
w
cc
w
z
cc
0
ire" gall=
41.161 =MI
v%441:11
wfahos
4 le E
-J
w
z
z
w
w
CC
0
0
z
�a
0
0)
a
w
cc
a
w
z
cc
0
z
8
J
W
Z
C.)
W
W
CC
C.)
=Z
0
a
W
Cc
w
z
c
0
it
1S NM01308030
r
HERITAGE CENTER CIR
z
J
w
z
z
w
w
CC
oa
z
0a
w
cc
a
w
z
cc
111R%fA ON'
J
w
z
z
a
V
w
w
CC
C)
= Z
_
Cott
a
w
CC
a
w
a
z
cc
0
si Imo ii IN.
mom
Num
p.. ME 1114
t
Mum MEM lb
1011 MEM
i� 111. 5
II° 1411110W11
4‘*IbMiiii IPA
giiiinuiiii1us
r
1-
0
x
O
1
I
.1
LU
Z
Z
a
U.1
W
CC
0
Z
a
CC
zILIa
CC
0
as 3S1}INns
C)
r
0
v/
W
z
z
0
W
W
CC
U
0
z
Cl)
Q
W
C
LU
z
CC
0.
J
w
Z
0
w
w
CC
t�
Z
tza
0
cow-
oc
a
w
•a
z
0
J
w
z
z
V
w
cn
w
cc
Q
=z
a
w
cc
w
z
cc
0
I
z
Z
0
w
W
0
0
z
w
CC
w
t1
z
CC
0
1,1 p'‘ *4I
464i**"0,1
U
1-
0
J
z
z
U
W
W
CC
0
z
w
CC
w
z
a
CC0
s
J
w
z
cn
z
a
w
w
CC
0
v-cb
IHE
w
CC
w
z
CC
0
\\`�� 1111111
PEP
PIP
��►�� ♦♦����♦♦♦♦♦��� Vii!►► s:�♦
•t♦♦, ♦♦♦♦♦♦♦e♦♦♦ ♦� �i•� ♦ ••'► ♦G ♦•
.. � e♦�e ee��
J-�
DATE: May 6, 2005
SUBJECT: City Council Meeting — May 12, 2005
ITEM: 11.B.2. Consider a resolution authorizing the Mayor to execute a contract
with Greenlander, LLC for vegetation control services.
Department: Transportation Services
Staff Person: Tom Martin, Transportation Services Director
Justification:
Two bids were received and opened on December 7th, 2004 at the City Council Chambers. Based
on review of the bids by the staff during the best value bid process, it is recommended that the
bid be awarded to Greenlander, LLC., in the amount of $58,846.00.
Funding:
Cost: $58,846.00
Source of funds: General Street Operating Funds
Outside Resources: Greenlander, LLC.
Background Information:
The previous contract expired. This contract, as the previous one, is an annual maintenance
contract with the option to renew every year for up to four years. The maintenance provided has
been in place for the previous 7 years. This has lowered the need for mowing by the application
of a growth inhibitor which provides a more aesthetically pleasant median and rights-of-way.
Public Comment: N/A
CITY OF ROUND ROCK
AGREEMENT FOR PURCHASE OF
VEGETATION CONTROL SERVICES
FROM
GREENLANDER, LLC.
THE STATE OF TEXAS
CITY OF ROUND ROCK
COUNTY OF WILLIAMSON
COUNTY OF TRAVIS
§
KNOW ALL BY THESE PRESENT:
That this Agreement to provide vegetation control services, (referred to herein as the
"Agreement") is made and entered into on this the /71/7 i )a) , 2005, 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
GREENLANDER, LLC, whose offices are located at P.O. Box 2126, Mansfield, Texas 76063
(referred to herein as the "Vendor"). This Agreement supersedes and replaces any previous
agreement between the named parties, whether oral or written, and whether or not established by
custom and practice.
RECITALS:
WHEREAS, City desires to purchase the provision of vegetation control services from
Vendor; and
WHEREAS, City has issued its Solicitation for the provision of said services, and City
has selected the Response to Solicitation 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 or services and Vendor is obligated to sell
specified goods or services.
B. City means the City of Round Rock, Williamson and Travis Counties, Texas.
00085732fjkg
€-05-05-114182_,
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 mean the specified supplies, materials, or equipment.
F. Services means work performed to meet a demand. The furnishing of labor, time,
or effort by the vendor, involving the delivery of any specific end product.
2.01 Et'FECTIVE DATE, DURATION, AND TERM
A. This Agreement shall be effective on the date it has been signed by both parties
hereto, and shall remain in full force and effect unless and until it expires by
operation of the term stated herein, or until terminated or extended as provided
herein.
B. The term of this Agreement shall be for a twelve-month period of time. After the
initial term, this Agreement may be renewed for up to four additional periods of
time not to exceed twelve months for each renewal, provided both parties agree in
writing.
C. City reserves the right to review Vendor's performance at any time during the
initial agreement or renewal period, 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 integrator of choice to supply the goods or services as
outlined 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 the Solicitation and as offered by Vendor in its Response to the
Solicitation.
The Agreement includes the following in Exhibit "A":
A. City's Solicitation designated as IFB No. 05-001 Vegetation Control Services,
B. Specification Number 99-988-89-01, revised September 2004
C. Vendor's Response to Solicitation;
D. Any exhibits, addenda and/or amendments thereto.
2
Any inconsistencies or conflicts in the contract documents shall be resolved by
giving preference in the following order:
(1)
(2)
(3)
This Agreement;
Bidder's Response to Solicitation;
City's Solicitation, exhibits, and attachments.
4.01 ITEMS AWARDED
The goods or 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 as fully a part of this Agreement as if recited herein in full.
5.01 COSTS
The bid costs listed in Exhibit "A" shall be the basis of any charges collected by
Vendor. Agreement prices shall be original price, terms and conditions plus any
approved changes.
6.01 PRICE ADJUSTMENT
City may permit "unit price" adjustments, only as a result of a cost increase or
decrease in services in accordance with the Producers Price Index at
http://stats.bls.gov/ppt/. Any price increase to this contract shall be requested by Vendor
in writing and shall be accompanied by the appropriate documentation to justify the
increase, and shall be received by City at least one hundred twenty (120) days prior to the
contract expiration date. Vendor may offer price decreases, even in excess of the
allowable percentage change, at any time during the contract term.
7.01 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 or services received; and
D. Delivery dates.
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 goods or services as 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.
3
9.01 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to
Vendor will be made within thirty (30) days of the day on which City receives the
performance, supplies, materials, equipment, and/or deliverables, or within thirty (30)
days of the day on which the performance of services was complete, or within thirty (30)
days of the day on which City receives a correct invoice for the performance and/or
deliverables or services, whichever is later. Vendor may charge a late fee of one percent
(1%) for payments not made in accordance with this Prompt Payment Policy; however,
this Policy does not apply to payments made by City in the event:
A. There is a bona fide dispute between City and Vendor concerning the supplies,
materials, or equipment delivered or the services performed which causes the
payment to be late; or
B. The terms of a federal contract, grant, regulation, or statute prevent City from
making a timely payment with federal funds; or
C. There is a bona fide dispute between any of the parties and subcontractors or
between a subcontractor and its suppliers concerning supplies, materials, or
equipment delivered or the services performed which causes the payment to be
late; or
D. Invoices are not mailed to City in strict accordance with instructions, if any, on
the purchase order or the Agreement or other such contractual agreement.
10.01 GRATUITIES AND BRIBES
City may, by written notice to Vendor, cancel this Agreement without 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 meet all requirements as stated in the attached Solicitation and its
Response to Solicitation.
4
14.01 CITY'S REPRESENTATIVE
City hereby designates the following representative authorized to act in its behalf
with regard to this Agreement:
Todd Keltgen
Public Works
212 Commerce
Round Rock, Texas 78664
512-218-5583
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 under this Agreement and is a cause of City
purchasing the specified goods or services 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 goods or service and that it may not be considered in future bids for
the same type goods or service 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 of its material obligations under
this Agreement
B. Fails to provide adequate assurance of performance under the "Right to
Assurance" section herein; or
C. Becomes insolvent or seeks relief under the bankruptcy laws of the United States.
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) day's 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.
5
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) day's 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, the Charter and Ordinances of the City of
Round Rock, as amended, and with all applicable rules and regulations promulgated by
local, state and national boards, bureaus and agencies.
20.01 ASSIGNMENT AND DELEGATION
The parties each hereby bind themselves, their successors, assigns and legal
representatives to each other with respect to the terms of this Agreement. Neither party
shall assign, sublet or transfer any interest in this Agreement without prior written
authorization of the other party.
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
6
B. Three (3) days after being deposited in the United States mail, with postage
prepaid to recipient's address as stated in this Agreement.
Notice to Vendor:
Greenlander, LLC
P.O. Box 2126
Mansfield, Texas 76063
Notice to City:
David Kautz
Assistant City Manager and Chief Financial Officer
221 East Main Street
Round Rock, TX 78664
AND TO:
Stephan L. Sheets
City Attorney
309 East Main Street
Round Rock, TX 78664
Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of City and 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 it 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.
24.01 DISPUTE RESOLUTION
If a dispute or claim arises under this Agreement, the parties agree to first try to
resolve the dispute or claim by appropriate internal means, including referral to each
party's senior management. If the parties cannot reach a mutually satisfactory resolution,
then and in that event any such dispute or claim may be sought to be resolved with the
help of a mutually selected mediator. If the parties cannot agree on a mediator, City and
7
Vendor shall each select a mediator and the two mediators shall agree upon a third
mediator. Any costs and fees, other than attorney fees, associated with the mediation shall
be shared equally by the parties.
City and 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 of this Agreement
or the occurrence of any event rendering any portion or provision of this Agreement void
shall in no way affect the validity or enforceability of any other portion or provision of
this Agreement. Any void provision shall be deemed severed from this Agreement, and
the balance of this Agreement shall be construed and enforced as if this Agreement did
not contain the particular portion or provision held to be void. The parties further agree to
amend this Agreement to replace any stricken provision with a valid provision that comes
as close as possible to the intent of the stricken provision. The provisions of this section
shall not prevent this entire Agreement from being void should a provision, which is of
the essence to this Agreement, be determined void.
26.01 MISCELLANEOUS PROVISIONS
A. 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.
B. 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.
C. 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.
D. 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.
8
IN WITNESS THEREOF, City and Vendor have executed this Agreement on the
dates indicated.
Title: yop,
Date Signed: 5-11-06"
GREENLANDER, LLC.
By:
Printed Name: ,/�-e c 0,7
Title: c e e
Date Signed: �- • c� S
ATTEST:
/Aftlthiikt) ,-)1614,t449_,
Christine R. Martinez, City Secretary
APPR
D AS TO FO
N '
Stephan L
Sheets, City Attorney
9
EXHIBIT "A"
10
INVITATION FOR BID (IFB)
CITY OF ROUND ROCK PURCHASING OFFICE
221 E. Main Street
Round Rock, Texas 78664-5299
BIDS ARE DUE TO THE PURCHASING. OFFICE
AT THE ABOVE ADDRESS BEFORE BID
OPENING TIME.
INVOICE TO:
City of Round Rock
Finance Department
221 East Main Street
Round Rock, Texas 78664-5299
BID F.O.B. DESTINATION, FREIGHT PREPAID AND
ALLOWED UNLESS OTHERWISE SPECIFIED BELOW
DESTINATION:
City of Round Rock
Various Locations
FACIMILE RESPONSES
SHALL NOT BE ACCEPTED
SHOW BID OPENING DATE &
BID NUMBER IN LOWER LEFT
HAND CORNER OF SEALED BID
ENVELOPE & SHOW RETURN
ADDRESS OF BIDDING FIRM.
VEGETATION CONTROL SERVICE
11/22/2004
1 of 2
BIDDING INFORMATION:
BID NUMBER 05-001
OPENING DATE: 12/7/2004 at 3:00 P.M.
BID LOCATION: 221 E. Main Street, 1st Floor
Council Chambers, Round Rock, TX 78664
RETURN SIGNED ORIGINAL AND ONE COPY OF BID
BIDDER SHALE IGN BELOW
bi will disqualify bid
Authorized Signature
t4.4
/04e, her. Date
Print Name
SEE 1.6 ON BACK FOR INSTRUCTIONS:
TAX ID NO.: () [�! — .3.5"-/-7'/3" 7
LEGAL BUSINESS NAME: 6.," gn /4_444.e. } C. L
REMIT TO ADDRESS: p p, ,3 Z/ 2 6 /419,71"747C41, f jc -745-66
ORDER TO ADDRESS: sgz„,,
DE4/r ke-r.
CONTACT:
TELEPHONE NO.177- '/S3- 9977 FAX NO: 8y 7 - 9s3 _ 2-394, BUSINESS ENTITY TYPE: ;en : Fed 4:4
"By the signature hereon affixed, the bidder hereby certifies that neither the bidder nor the entity represented by the
bidder, or anyone acting for such entity has violated the antitrust 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 bid made
to any competitor or any other person engaged in such line of business."
Best Bid: All bids received shall be evaluated based on the best value for the City, which will be determined
by considering all or part of the following critera: Bid Price, Reputation of Bidder and the Extent to which the
goods or services meet the City's needs and Bidder's past relationship with the City.
BIDDER AGREES TO COMPLY WILL ALL CONDITIONS SET FORTH IN THIS SOLICITATION.
This is for a multiple year agreement for vegetation control services of drainage ditches, creek channels,
ponds, easements and rights-of-way within the city of Round Rock and in accordance with specificaiton No.
99-988-89-01, revised 9-2004 (11pgs), Attachement A-Draininage (19pgs) and Attachment B - Right's -Of -
PRE -BID: THE CITY WILL CONDUCT A BIDDER'S MEETING FOR ALL INTERESTED BIDDERS
SCHEDULED BELOW:
LOCATION: 221 EAST MAIN STREET, 1ST FLOOR, COUNCIL CHAMBERS, ROUND ROCK, TX.
DATE: NOVEMBER 29, 2004 TIME: 10:00 AM
POINT OF CONTACT: CAROLYN BROOKS TELEPHONE: (512)218-5457
The acres of drainage and miles of right of way are estimates only. Locations listed or identifiecd in
Attachements A & B may not be treated in the same contract year.
Bidders are requested to submit bids "Price Per Acre" for drainage and creeks and "Price Per Mile" for
VEGETATION CONTROL SERVICE
11/22/2004
2of2
&ter; AAler, 4 L G
::.::..y::.....::,
:.: •:::.:<:::::.:_,.,::.Srn':;::c2;':::g.'+.{;»ri.;;ii.::::a;C::>;::o;;rc.::3Nk.r.SRt.x:<ka?.S:?zki;.r:
h:::::>:: 3:;17.:::: c::.:.. r:..rvr::xy:..:....
ITEM #
CLASS & ITEM DESCRIPTION
988-89
QTY
UNIT
MAKE & MODEL
UNIT
UNIT
"X"ENSION
EXTENSION
1
DRAINAGE DITCHES AND PONDS PRICE PER ACRE
1
ACRE
2-°3•00
30,576-e=
2
THIRD HERBICIDE APPLICATION PER ACRE
1
ACRE
100 oo
/'1 `2
FOR INFORMATION PURPOSES ONLY, PLEASE
PROVIDE TOTAL ACREAGE MEASURED FOR ALL
DITCHES AND PONDSLISTED IN ATTACHMENT A.
ACREAGE 1V7 cecLcs
a
700
3
RIGHTS-OF-WAY AND EASEMENTS PRICED PER MILE
1
MILE
151/.00
(70g6 I•
4
THIRD HERBICIDE APPLICATION PER MILE
FOR INFORMATION PURPOSES ONLY, PLEASE
PROVIDE TOTAL MILES MEASURED FOR ALL
RIGHTS-OF-WAY LISTED IN ATTACHMENT B.
MILES s/ ries
1
MILE
76.6a,
7 /1(!641 _
LISTAHERBICIIDE(S) BIDDING 1
y
cr Pro 3r 6&r iv) 3 A
Rz(3vst
XP Tabu/ poi Ya
GRAND TOTAL
DELIVERY IN 7
DAYS
CITY OF ROUND ROCK
PURCHASING OFFICE
REFERENCE SHEET (IFB)
Please Complete and Return This Form with the solicitation
SOLICITATION NUMBER: IFB 05-001
VENDOR'S NAME: Gree. Afraec ) L L G
DATE: /Z -6-d'
The Bidder shall furnish, with the solicitation, the following information, for at least five (5) recent
customers to whom goods or services have been provided that are similar to those required by this
solicitation.
1. Company's Name
Name of Contact
Title of Contact
Present Address
City, State, Zip Code
Telephone Number
2. Company's Name
Name of Contact
Title of Contact
Present Address
City, State, Zip Code
Telephone Number
3. Company's Name
Name of Contact
Title of Contact
Present Address
City, State, Zip Code
Telephone Number
4. Company's Name
Name of Contact
Title of Contact
Present Address
City, State, Zip Code
Telephone Number
5. Company's Name
Name of Contact
Title of Contact
Present Address
City, State, Zip Code
Telephone Number
Reference Sheet
'/j• �n.`<,eet- P,'rcdor e-/'
13ex 69S
4te;44//, 7 . 7567/
(9o3 ) ?3
/vrAes-
PutIc Oarkf
Fax Number (y63) q3S _ V90 q
L'r`>tr .�� flys'f 7x.
XCev;n Bur /,'don
Sfree.A Sv�er,,`., fende.,f
2-00 / ,PrecT-7 L„e Raaf
//crr 5 7x. 7441C
Fax Number ( )
Ci)17. "C 6 eory ea cv.L
41/ Win;verer
Dr 9 a u� e, ' t S7Fretefr
368 ..<.rdc-d fr,q,.f Att.
j-ore�ro.1
G eor e /vain. 7 , 78'6 Z7
(1./2) 930_ 3.SSS Fax Number ( -ii )
�i£
/c `)jr 6, -(`p -F' Sao/ /? ke, T.
leek/4 /vor'1t Col
930 l(5/.5-7
pc., C/,c works' Sc/erk;Jer-h!`ei4 ,
/ Fro E _ eo- )'rne,� � ///vcJ. d
Sovi-4 /s,Fe) T 760 9 Z.
(V-7) 181 - Z/97 Fax Number (g/7 )
`?5, 61' G/e 6 or ,ti e
pari Lacke/-
Sf re,e 7� Slyer' In
y8/ Z37/
Tti�aler7'f
ZV/7y Serf,`ce. Dc,
G/E6urrte, T
( 8/7) SS -6 - 3Zo 3
66 7/
Fax Number (may 7) t -S-6 - Z 6 /y
1 Dated: 05/10/2004
City of Round Rock
Bid Number: 05-001
Vegetation Control Services
Required Vendor Information
PART II
5. Bidder Qualifications
5.1 Copies of licenses — attached
5.1.1 Supervisors
Dean Parker - 10 years experience
1611 Churchill Ln.
Mansfield, TX 76063
817-437-9909
license # 201564
James Mc Bride - 10 years experience
Rt 1 Box 424C
Mart, TX 76664
254-747-1883
license # 143495
5.1.2 Applicators
Audie Kieschnick — 2 years experience
1613 Churchill Ln.
Mansfield, TX 76063
817-477-1827
David Hanson — 10 years experience
109 Cedarbrook
Monroe, LA 71203
318-345-4056
license # 304767
Ben Hanson — 8 years experience
202 Daywood Dr.
Monroe, LA 71203
318-801-0670
license # 265129
5.2 Contractors Equipment:
2003 Ford F-250 4x4
handgun
— Diaphragm pump rig with 1000 feet hose and
1997 Ford F-250 4x4 —
handgun
Diaphragm pump rig with 1000 feet hose and
1997 Honda 4x4 ATV — electric pump rig and handgun
2000 skid rig with diaphragm pump, 400 feet of hose, hand gun —
can be used in truck, trailer, flatbottom boat, airboat, or ATV
2002 GMC 2500HD 4x4 — Diaphragm pump rig with 1000 feet hose and
handgun
2004 Ford F-250 4x4 — 500 gal roadside rig with electronic adjustment
boombuster nozzles
5.3 Herbicide Treatment (per acre)
Roadside ROW: Razor Pro —16 ounces
Garlon 3A or Weedestroy — 32 ounces
Oust XP —1 ounce
Surfactant —''/% solution
Drainage ditches and ponds: Razor Pro — 32 ounces
Garlon 3A or Weedestroy — 32 ounces
Aquaneat (aquatic areas) — 24 ounces
Surfactant — 'A% solution
Rates may be altered to best suit the Public Works Department
5.4 References
City of Marshall — Drainage channels, roadside ROW, cemeteries,
downtown sidewalks, water tower sites, pump stations, water and
wastewater treatment facilities, water pipeline Row's
Richard Turner — Public Works Director
John P. Porterfield - Engineer
P.O. Box 698
Marshall, TX 75671
903-935-4402
City of Hearne — Drainage channels, electric substation, wastewater plant
Robert Penney — Public Works Director
209 Cedar St.
Hearne, TX 77859
979-279-3461
City of Georgetown — Drainage channels, curb and gutter
Al Wininger - Streets and Drainage
300 Industrial Ave.
Georgetown, TX 78628
512-930-3555
Liberty Co. WCID #5 — 20 miles of drainage canals
R. N. Smart — Inspector
P.O. Box 626
Liberty, TX 77575
936-336-3370
City of Cleburne — 95 acres drainage channels, dam of city lake
Gary Lackey — Street Superintendent
2474 Service Dr.
Cleburne, TX 76031
817-556-3203
PART III
5. Service Responsibilities
5.2 Available 24 hours/day:
Dean Parker
Vice President
1611 Churchill Ln.
Mansfield, TX 76063
817-437-9909 cellular
5.3 Proposed Herbicides:
Labels are available upon request
Aquaneat — generic of Rodeo
Razor Pro — generic of Roundup Pro
Weedestroy
Garlon 3A
Oust XP
MR. FORREST PARKER
1611 CHURCHILL LN
MANSFIELD, TX 76063
THIS IS YOUR LICENSE. CAREFULLY TRIM AWAY EXCESS MARGINS AND DISPLAY AT ALL TIMES.
TEXAS DEPARTMENT OF AGRICULTURE
SUSAN COMBS, COMMISSIONER
P. O. BOX 12847 AUSTIN, TX 78711-2847
(877) LIC-AGRI (877-542-2474)
For the hearing impaired: (800) 735-2989 TDD (800) 735-2988 VOICE
www.agr.state.tx.us
COMMERCIAL PESTICIDE APPLICATOR LICENSE
This is to certify that the person whose name appears below has met
the requirements of Texas Agriculture Code Chapter 76, relating to
application of restricted -use or state -limited -use pesticides or regulated
herbicides. This license is issued for purchase and application of
restricted -use or state -limited -use pesticides or regulated herbicides to
be used according to label directions consistent with the use categories
listed below.
MR. FORREST PARKER
1611 CHURCHILL LN
MANSFIELD, TX 76063
TDA Client No. 00239382
TDA License No. 0201564
Effective Date: March 1, 2004
Expiration Date: February 28, 2005
CATEGORIES:
6A,5,3A
TEXAS DEPARTMENT OF AGRICULTURE
,r P.O. Box 12847 Austin, TX 78711-2847
COMMERCIAL PESTICIDE APPLICATOR
LICENSE
TDA Client NO : 00239382
License No. 0201564
MR. FORREST PARKER
1611 CHURCHILL LN
MANSFIELD, TX 76063
Categories: 6A,5,3A
Effective Date: 03/01/04
Date Expires: 02/28/05
CEU COURSE ATTENDANCE
Date ILocation Course# Gen L R , IPM
Drift
USE BALL POINT PEN ONLY
1-U5-P999i. Xi. 12-JVA
r
Ls)
C»
•
TEXAS T4ERARTMENT OF AGRiCUL TU1F
, F^.0 60ic -128,4v;.4oaait, 7871.1.:V*;
r COMMERCIAL PFISTIC/E* APPI_IGATon
LICENSE
TDA Client 0027%84
uceruse No. 0304Tti7
MR., MVO RAN$QN
•• PO 80X 8G7
SorAPrz, LA 128i-3O77
"S41,100oviaa: rak5,3A
illferfive late: 1.7.101/C4
tt Ev:roa!Jif
Tp*Astlioftnil , ,,*;#0.zictiOrtiRE
fx,Y8141.647
PE6T0E APPLICATOR
1.K;EASE
TOA Clinni N002ii8oU8
iiovnais No. 22
oP
1110. BENJAMINIIAlt,; r;
in?. DAY% OM
140tif.
Effik0 ie Date: 3/C1/O4
Date. E74);rost 02,28,0S
gariatAwe{oPleWalp
SPECIFICATION NO.
99-988-89-01
REVISED: SEPT. 2004
CITY OF ROUND ROCK
VEGETATION CONTROL SERVICES
PART I
GENERAL
1. PURPOSE: The City seeks to establish a multiple -year agreement with a qualified business entity for
vegetation control in drainage ditches, ponds, creek channels, rights-of-way and easements within the City
of Round Rock.
2. DEFINITIONS: The following definitions will be used for identified terms throughout the specification and
bid document:
2.1. Bidder identified throughout this specification shall describe persons and entities that consider
themselves qualified to provide the goods, equipment or services.
2.2. City — Identifies the City of Round Rock, Williamson County, Texas.
2.3. Agreement —A mutually binding legal document obligating the Vendor to furnish the goods,
equipment or services, and obligating the City to pay for it.
2.4. Vendor — (Sometimes referred to as Contractor) A person or business enterprise providing goods,
equipment, labor and/or services to the City as fulfillment of obligations arising from a agreement or
purchase order.
2.5. Goods represent materials, supplies, commodities and equipment.
2.6. Purchase Order - is an order placed by the Purchasing Office for the purchase of Goods or Services
written on the City's standard Purchase Order form and which, when accepted by the Bidder,
becomes a agreement. The Purchase Order is the Bidder's authority to deliver and invoice the City
for Goods or Services specified, and the City's commitment to accept the Goods or Services for an
agreed upon price.
2.7. Services - work performed to meet a demand. The furnishing of labor, time, or effort by the vendor
and their ability to comply with promised delivery dates, specification and technical assistance
specified
2.8. Subcontractor - Any person or business enterprise providing goods, labor, and/or services to a
Vendor if such goods, equipment, labor, and/or services are procured or used in fulfillment of the
Vendor's obligations arising from a agreement with the City.
2.9. EPA— Identifies the Environmental Protection Agency
2.10. Subcontractor -Any person or business enterprise providing goods, equipment, labor, and/or
services to a Contractor if such goods, equipment, labor, and/or services are procured or used in
fulfillment of the Contractor's obligations arising from a contract with the City.
2.11. Vegetation — shall be defined to include, but not limited to, weeds, grass (except lawn grasses),
vines and brush.
3. CLARIFICATION: For clarification of specifications, bidders may contact:
Carolyn Brooks
Purchaser
City of Round Rock
Telephone: 512-218-5457
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 bid
opening without written approval of the City of Round Rock through the Purchasing Division.
Page 1 of 11
SPECIFICATION NO.
99-988-89-01
REVISED: Sept. 2004
PART II
GENERAL TERMS AND CONDITIONS
1. The Vendor shall provide all labor and goods necessary to perform the project. The Vendor shall
employee all personnel for work in accordance with the requirements set forth by the United States
Department of Labor.
2. The Vendor shall be responsible for damage to the City's equipment and/or property, the workplace
and its contents by its work, negligence in work, its personnel and equipment. The Vendor shall be
responsible and liable for the safety; injury and health of its working personnel while its employees are
performing service work.
3. The City is committed to maintaining an alcohol and drug free workplace. Possession, use, or being
under the influence of alcohol or controlled substances by Vendor, Vendor's employees,
subcontractor(s) or subcontractor (s') employees while in the performance of the service is prohibited.
Violation of this requirement shall constitute grounds for termination of the service.
4. BID EVALUATION: All bids received shall be evaluated based on the best value for the City. Best
value will be determined by considering all or part of the criteria listed, as well as any relevant criteria
specifically listed in the solicitation.
1.1. Bid price
1.2. Reputation of the bidder and of bidder's goods and services.
1.3. The quality of the bidder's goods or services.
1.4. The extent to which the goods or services meet the City's needs
1.5. Bidder's past relationship with the City. All vendors will be evaluated on their past
performance and prior dealings with the City to include, but not limited to, failure to meet
specifications, poor quality, poor workmanship, late delivery.
BIDDER QUALIFICATIONS: The opening of a bid will not be construed as the City's acceptance of
such bidder as qualified and responsible. The city reserves the right to determine the best value from
information submitted with the bid. All bidders shall furnish the following information at a minimum:
5.1. Qualified bidders shall be licensed by the Texas Department of Agriculture. Copies of the
license and a listing of employees' addresses, telephone numbers and license numbers shall
be submitted with the bid.
5.1.1. Employ a minimum of two supervisors who each have a minimum of five years
experience and licensed in the right-of-way and aquatic categories.
5.1.2. Employ at least three licensed herbicide applicators that each have a minimum of
two years experience and licensed in the appropriate categories.
5.2. An itemized list of the bidder's equipment available for use in performance of the agreement.
5.3. Herbicide treatment to be used for each site.
5.4. References: Provide the name, address, telephone number and point of contact of at least
three entities for which the bidder has preformed similar service within the past three years.
References may be checked prior to award. Any negative responses received may result in
disqualification of bid.
5.5. Identify any subcontractors to be used for this service. Experience, qualifications and
references of the subcontractors shall be submitted. The City retains the right to approve or
disapprove all subcontractors prior to any work being performed.
Page 2 of 11
SPECIFICATION NO.
99-988-89-01
REVISED: Sept. 2004
6. AGREEMENT: The term of this Agreement shall be for a twelve-month period of time from the
effective date of the agreement. Prices shall be firm for the duration of the Agreement, except as
provided for herein. This contract may be renewed for four additional periods of time not to exceed
twelve months for each renewal provided both parties agree.
7. VENDOR PERFORMANCE: The City reserves the right to review the Vendor's performance at the
end of each twelve month agreement period and to cancel all or part of the Agreement (without
penalty) or continue the agreement through the next period.
8. ORDER QUANTITY: The quantities shown on the IFB are estimates only. No guarantee of any
minimum or maximum purchase is made or implied. The City will only order the services needed to
satisfy operating requirements, which may be more or less than indicated.
9. PRICE ADJUSTMENT: The City may permit "unit price" adjustments upward, only as a result of a cost
increase in services in accordance with the Producers Price Index at (http://stats.bls.00v/ppi/). Any
price increase shall be requested by the Vendor in writing and accompanied with the appropriate
documentation to justify the increase. The vendor may offer price decreases in excess of the
allowable percentage change.
10. 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 effect such termination by giving Agreement or a written notice of termination at the end of its
then current fiscal year.
11. CANCELLATION: The City reserves the right to cancel the Agreement without penalty by providing 30
days prior written notice to the other party. Vendor shall provide the City with 120 days written notice
prior to cancellation of the Agreement and shall continue services for a period of time not to exceed
120 days after written notification. Termination under this paragraph shall not relieve the Vendor of
any obligation or liability that has occurred prior to cancellation. NOTE: This Agreement is subject
to cancellation, without penalty, at any time the City deems the vendor to be non-compliant
with contractual obligations.
12. COMPLIANCE WITH LAWS: The successful bidder shall comply with all federal, state, and local
laws, statutes, ordinances, rules and regulations, and the orders and decrees of any court or
administrative bodies or tribunals in any matter affecting the performance of the resulting agreement,
including without limitation, workers' compensation laws, minimum and maximum salary and wage
statutes and regulations, and licensing laws and regulations. When requested, the Vendor shall
furnish the City with satisfactory proof of its compliance.
13. ABANDONMENT OR DEFAULT: A Vendor who abandons or defaults the work on the agreement and
causes the City to purchase the services elsewhere may be charged the difference in service if any
and shall not be considered in the re -advertisement of the service and may not be considered in future
bids for the same type of work unless the scope of work is significantly changed.
14. CODES, PERMITS AND LICENSES: The successful bidder shall comply with all National, State and
Local standards, codes and ordinances and the terms and conditions of the services of the electric
utility, as well as other authorities that have jurisdiction pertaining to equipment and materials used
and their application. None of the terms or provisions of the specification shall be construed as
waiving any rules, regulations or requirements of these authorities. The successful bidder shall be
responsible for obtaining all necessary permits, certificates and/or licenses to fulfill contractual
obligations (City of Round Rock fees and costs will be waived).
Page 3of11
SPECIFICATION NO.
99-988-89-01
REVISED: Sept. 2004
15. INDEMNITY: Vendor shall indemnify, save harmless and defend the City, its officers, agents,
servants, and employees from and against any and all suits, actions, legal proceedings, claims,
demands, damages, costs, expenses, attorney's fees and any and all other costs or fees incident to
the performance of the resulting agreement and arising out of a willful or negligent act or omission of
the Vendor, its officers, agents, servants and employees.
16. INSURANCE: The successful bidder shall procure and maintain, at its sole cost and expense, for the
duration of the agreement or purchase order resulting from a response to this bid/Specification
insurance against claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the work as a result of this bid by the successful bidder, its agents,
representatives, volunteers, employees or subcontractors:
16.1. Certificates of Insurance and endorsements shall be furnished to the City and approved by the
City before work commences.
16.2. The following standard insurance policies shall be required:
16.2.1.
16.2.2.
16.2.3.
General Liability Policy
Automobile Liability Policy
Worker's Compensation Policy
16.3. The following general requirements are applicable to all policies:
16.3.1. Only insurance companies licensed and admitted to do business in the State of
Texas shall be accepted.
16.3.2. Deductibles shall be listed on the Certificate of Insurance and are acceptable only on
a per occurrence basis for property damage only.
16.3.3. Claims made policies shall not be accepted, except for Professional Liability
Insurance.
16.3.4. Upon request, certified copies of all insurance policies shall be furnished to the City
16.4. Policies shall include, but not limited to, the following minimum limits:
16.4.1. Minimum Bodily Injury Limits of $300,000.00 per occurrence.
16.4.2. Property Damage Insurance with minimum limits of $100,000.00 for each
occurrence.
16.4.3. Automobile Liability Insurance for all owned, non -owned, and hired vehicles with
minimum limits for Bodily Injury of $100,000.00 each person, and $300,000.00 for
each occurrence, and Property Damage Minimum limits of $50,000.00 for each
occurrence.
16.4.4. Statutory Worker's Compensation Insurance and minimum $100,000.00 Employers
Liability Insurance.
16.4.5. Coverage shall be maintained for two years minimum after the termination of the
Agreement.
16.5. The City shall be entitled, upon request, and without expense to receive copies of insurance
policies and all endorsements thereto and may make reasonable request for deletion,
revision, or modification of particular policy terms, conditions, limitations, or exclusions
(except where policy provisions are established by law or regulation binding either of the
parties hereto or the underwriter of any of such policies). Upon such request by the City, the
Vendor shall exercise reasonable efforts to accomplish such changes in policy coverage and
Page 4 of 11
SPECIFICATION NO.
99-988-89-01
REVISED: Sept. 2004
shall pay the cost thereof. All insurance and bonds shall meet the requirements of the bid
specification and the insurance endorsements stated below.
16.6. 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:
16.6.1. Provide for an additional insurance endorsement clause declaring the Vendor's
insurance as primary.
16.6.2. Name the City and its officers, employees, and elected officials as additional
insured, (as the interest of each insured may appear) as to all applicable
coverage.
16.6.3. Provide thirty days notice to the City of cancellation, non -renewal, or material
changes.
16.6.3.1. Remove all language on the certificate of insurance indicating:
16.6.3.1.1: That the insurance company or agent/broker shall
endeavor to notify the City; and,
16.6.3.1.2. Failure to do so shall impose no obligation of liability of
any kind upon the company, its agents, or representatives.
16.6.4. Provide for notice to the City at the addresses listed below by registered mail:
16.6.4.1. Waiver 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.
16.6.4.1.1. Provide that all provisions of this contract concerning
liability, duty, and standard of care together with the
indemnification provision, shall be underwritten by
contractual liability coverage sufficient to include such
obligations within applicable policies.
16.6.4.1.2. All copies of the Certificate of Insurance shall reference
the project name, bid number or purchase order number
for which the insurance is being supplied.
16.6.4.2. 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.
16.6.5. All notices shall be mailed to the City at the following addresses:
Assistant City Manager
City of Round Rock
221 East Main Street
Round Rock, TX 78664-5299
City Attorney
City of Round Rock
309 East Main Street
Round Rock, TX 78664
16.6.6. Approval, disapproval, or failure to act by the City regarding any insurance
supplied by the Vendor shall not relieve the Vendor of full responsibility or liability
for damages and accidents as set forth in the these requirements. Neither shall
bankruptcy, insolvency, or denial of liability by the insurance company relieve the
Vendor from liability.
Page 5 of 11
SPECIFICATION NO.
99-988-89-01
REVISED: Sept. 2004
16.6.7. If the Vendor employs, contracts with or otherwise permits any other individual or
entity to perform any of the obligations of the Vendor, then any and all of these
individual or entities shall be bound by the same insurance requirements as the
successful bidder.
17. WORKERS COMPENSATION INSURANCE: Texas Labor Code, Section 406.098 requires workers'
compensation insurance coverage for all persons providing services on building or construction projects
for a governmental entity,
17.1. 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.
17.2. 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.
17.3. Persons providing services on the project ("subcontractor") in Section 406.096 - includes all
persons or entities performing all or part of the services the CONTRACTOR has undertaken to
perform on the project, regardless of whether that person contracted directly with the
CONTRACTOR and regardless of whether that person has employees. This includes, without
limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -
operators, employees of any such entity, or employees of any entity, which furnishes persons to
provide services on the project. "Services" include, without limitation, providing, hauling, or
delivering equipment or materials, or providing labor, transportation, or other service related to
a project. "Services" does not include activities unrelated to the project, such as food/beverage
vendors, office supply deliveries, and delivery of portable toilets.
17.4. 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.
17.5. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being
awarded the contract.
17.6. If the coverage period shown on the CONTRACTOR'S current certificate of coverage ends
during the duration of the project, the CONTRACTOR must, prior to the end of the coverage
period, file a new certificate of coverage with the OWNER showing that coverage has been
extended.
17.7. The CONTRACTOR shall obtain from each person providing services on a project, and provide
to the OWNER:
17.7.1. 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
17.7.2. no later than seven calendar days after receipt by the CONTRACTOR, a new
certificate of coverage showing extension of coverage, if the coverage period shown
on the current certificate of coverage ends during the duration of the project.
17.8. The CONTRACTOR shall retain all required certificates of coverage for the duration of the
project and for one year thereafter.
17.9. The CONTRACTOR shall notify the OWNER in writing by certified mail or personal delivery,
within 10 calendar days after the CONTRACTOR knew or should have known, or any change
that materially affects the provision of coverage of any person providing services on the project.
Page 6 of 11
SPECIFICATION NO.
99-988-89-01
REVISED: Sept. 2004
17.10. 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.
17.11. The CONTRACTOR shall contractually require each person with whom it contracts to provide
services on a project, to:
17.11.1. 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;
17.11.2. 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;
17.11.3. 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;
17.11.4. obtain from each other person with whom it contracts, and provide to the
CONTRACTOR:
17.11.4.1. a certificate of coverage, prior to the other person beginning work on the
project; and
17.11.4.2. 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
17.11.5. retain all required certificates of coverage on file for the duration of the project and for
one year thereafter;
17.11.6. notify the OWNER in writing by certified mail or personal delivery, within 10 calendar
days after the person knew or should have known, of any change that materially
affects the provision of coverage of any person providing services on the project; and
17.11.7. contractually require each person with whom it contracts, to perform as required by
paragraphs (A thru G), with the certificates of coverage to be provided to the
person for whom they are providing services.
17.11.8. By signing the solicitation associated with this specification, or providing, or causing
to be provided a certificate of coverage, the Contractor is representing to the Owner
that all employees of the Contractor who will provide services on the project will be
covered by workers' compensation coverage for the duration of the project, that the
coverage will be based on proper reporting of classification codes and payroll
amounts, and that all coverage agreements will be filed with the appropriate
insurance carrier or, in the case of a self-insured, with the Commission's Division of
Self -Insurance Regulation. Providing false or misleading information may subject the
Contractor to administrative penalties, criminal penalties, civil penalties, or other civil
actions.
17.11.9. The Contractor's failure to comply with any of these provisions is a breach of contract
by the Contractor that entitles the Owner to declare the contract void if the Contractor
does not remedy the breach within ten calendar days after receipt of notice of breach
from the owner.
18. VENUE: Both the City and the Vendor agree that venue for any litigation arising from a resulting
agreement shall lie in Williamson County.
19. INDEPENDENT CONTRACTOR: It is understood and agreed that the Contractor shall not be
considered an employee of the City. The Contractor shall not be within protection or coverage of the
City's Worker' Compensation insurance, Health Insurance, Liability Insurance or any other insurance
that the City from time to time may have in force and effect.
Page 7 of 11
SPECIFICATION NO.
99-988-89-01
REVISED: Sept. 2004
20. LIENS: Vendor agrees to and shall indemnify and save harmless the City against any and all liens
and encumbrances for all labor, goods and services which may be provided under the resulting
agreement. At the City's request the Vendor or subcontractors shall provide a proper release of all
liens or satisfactory evidence of freedom from liens shall be delivered to the City.
PART III
SPECIFICATIONS
1. SCOPE: This specification describes herbicide treatment services required for selective vegetation
control on the City of Round Rock drainage ditches, creek channels, ponds, right-of-ways and
easements, as specified herein.
2. SITE VISIT: Each bidder shall make a site inspection of areas identified for chemical treatment for
vegetation control to familiarize themselves with all aspects of the work, prior to submitting their
bids. Failure to do so shall not relieve the bidder of any of the provisions of the specifications.
Contact the following City representative to schedule site visit:
Todd Keltgen at (512) 218-5583
3. PREBID: The City will conduct a bidder's meeting for all interested bidders to familiarize them with
the requested services and to give all potential bidders an opportunity to seek answers to any
questions which they may have concerning this service. The City strongly suggests that all
interested bidders make site inspections of areas to be treaded prior to the pre-bid conference. The
prebid meeting date and time shall be noted on the face of the IFB.
4. WORK LOCATION OR SITE: Attachment A and B are lists of the locations for the herbicide
treatment.
4.1. Work added or deleted shall be specified by rights-of-way, easements, ponds, creek
channels, and drainage ditches. Jointly, representatives of the City and the Vendor shall
measure the drainage ditch areas added or deleted to determine the exact acreage. Such
measurements shall be documented and signed by both representatives.
4.2. Areas to received herbicide treatment are further defined as being the bottom, sides and
banks to the limits of the drainage ditches, s, right-of-way or easements. In the absence of
a defined right-of-way line, the top bank of the ditch or channel wall or grade shall prevail.
In the event privately owned walls, fences, terraces or other appurtenances border the
ditches or channels, the treatment shall extend only to these appurtenances.
4.2.1. Drainage ditches and creeks shall be measured by the acre.
4.2.2. Rights -Of -Way and or easements shall be measured in miles with an minimum
width of ten feet.
5. SERVICE RESPONSIBILITIES: The Vendor shall provide all personnel, supplies and equipment
needed to chemically treat all requested locations for vegetation control. Services shall include, but
not be limited to the following:
5.1. The Vendor shall coordinate with the City to develop a vegetation treatment schedule that is
mutually agreeable to both parties.
5.2. The Vendor shall have at least one company representative on call/available 24 hours per
day to respond to service and inspection requests from the City and to answer questions
and/or take possible complaints from City residents. A list of responsible representatives
with names, titles, addresses and telephone numbers shall be furnished to the City.
Page 8 of 11
SPECIFICATION NO.
99-988-89-01
REVISED: Sept. 2004
5.3. The Vendor shall advise the City in writing of the herbicides he proposes to use in the
treatment of vegetation of all types, and shall not proceed with any work until such time as
written concurrence has been received from the City.
5.4. All equipment used by the Vendor for herbicide application shall be inspected and licensed
by the Texas Department of Agriculture and shall comply with all applicable State, Federal
and OSHA Regulations..
5.5. A rotating amber caution light shall be mounted on top of each piece of equipment that
operates from or adjacent to public roads.
5.6. The Vendor shall be responsible for providing traffic control for the duration of the
agreement consistent with the provisions set forth in the "1980 Texas Manual on Uniform
Traffic Control Devices for Streets and Highways" or the latest revisions thereof, issued
under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways",
codified as Article 6701d Vernon's Civil Statutes, pertinent sections being Section Nos. 27,
29, 30 and 31.
5.7. The Vendor shall replace, at no cost to the City, all lawn grass destroyed or permanently
damaged as a result of herbicide treatment administered under the resulting agreement and
growth shall be guaranteed.
5.8. The Vendor shall make contact with person(s) registering a complaint within 24 hours of
notification by the City or by other sources. The Vendor shall do whatever is necessary to
investigate the situation and make a sound judgment as to its authenticity. If a liability
situation exists, the Vendor shall make every effort to insure that the claim is settled as
expeditiously as possible. In each case, the Vendor shall keep the City informed as to the
disposition of complaints.
6. HERBICIDE: The herbicides used in treatment of drainage ditches, creek channels, ponds. rights-
of-way and easements shall effectively kill all vegetation, except lawn grass.
6.1. All herbicide shall be mixed and applied in strict accordance with the requirements as set
forth by the Texas Structural Pest Control Board, the Texas Department of Agriculture, the
Federal Environmental Protection Agency and the manufacturer's label. NOTE: Failure to
comply with these requirements shall be grounds for the City of Round Rock to suspend
operations and possible cancellation of resulting agreement.
6.2. The City reserves the right to request the Texas Department of Agriculture, at any time, to
check and verify the requirements of the chemical mix being used.
6.3. HERBICIDE EXAMPLES:
6.3.1. Aqua Master, Red River 90 Surfactant, GARLON 3A or City approved equals
7. HERBICIDE TREATMENT: Unless otherwise instructed by the City, all areas shall receive a
minimum of two herbicide spray treatments during each growing season as follows:
7.1. First treatment shall start within ten calendar days of written notice to proceed, generally
mid April to mid May. First treatment shall be completed within 36 calendar days of notice
to proceed.
7.2. Second treatment shall start 11 to 13 weeks, depending on rainfall, after completion of first
treatment. Second treatment shall be completed within 36 calendar days of notice to
proceed.
Page 9 of 11
SPECIFICATION NO.
99-988-89-01
REVISED: Sept. 2004
7.3. Spot or follow-up treatments may be required by the City within 30 calendar days following
completion of the first and second treatments or as necessary to secure effective killing of
vegetation.
8. AGREEMENT ADMINISTRATOR: All work performed under this agreement will be supervised and
verified by the Public Works Department's designee noted below.
Todd Keltgen at 512-218-5583
PART III
SERVICE, ACCEPTANCE AND PAYMENT
1. DELIVERY: Delivery of the product and service shall be completed within the number of days bid.
2. ACCEPTANCE INSPECTIONS: The City and Vendor's representatives shall jointly inspect all
areas treated approximately 30 days to 35 days following completion of stated treatment cycle to
determine if kill of vegetation has been effective.
2.1. The vendor may be notified if the services delivered are not in full compliance with the
specifications.
2.2. In cases where the treatment is not totally effective in killing the vegetation, follow-up or spot
treatments shall be applied. Follow-up treatments shall be made as required to achieve a
total kill of vegetation.
2.3. Follow-up inspections shall be made of areas requiring spot treatments no later than 30
days after treatment.
2.4. Initial and follow-up inspection findings shall be documented and signed by both
representatives and shall be used to support requests for payment by the Vendor for
satisfactory completion of service.
2.5. Initial and follow-up inspection findings shall be documented and signed by both
representatives and shall be used to support requests for payment by the Vendor for
satisfactory completion of service.
2.6. If any purchase order is canceled for non-acceptance, the needed service may be
purchased elsewhere and the vendor may be charged full increase, if any, in cost and
handling.
3. INVOICING: Vendor shall submit one original and one copy of each invoice on a monthly basis to
the following address:
City of Round Rock
Accounts Payable
221 East Main Street
Round Rock, TX78664-5299
PROMPT PAYMENT POLICY: Payments will be made within thirty days after the city receives 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:
4.1. 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
4.2. The terms of a federal agreement, grant, regulation, or statute prevent the City from making
a timely payment with Federal Funds; or
Page l0 of 11
SPECIFICATION NO.
99-988-89-01
REVISED: Sept. 2004
4.3. There 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
4.4. 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.
5. OVERCHARGES: Vendor hereby assigns to purchaser any and all claims for overcharges
associated with this agreement which arise under the antitrust laws of the Untied States, 15 USGA
Section 1 et seq. and which arise under the antitrust laws of the State of Texas, Bus. and Com.
Code, Section 15.01, et.
Page 11 of 11
SPECIFICATION NO.
99-988-89-01
REVISED: Sept. 2004
ATTACHEMENT A
RIGHTS OF WAY AND EASEMENTS
17 PAGES
Page 1 of 1
-r—
n
m
co
v
GATTIS SCHOOL RD
SOV\S NE'�NPg�VO
r�o
N A.W. GRIMES FROM LOUIS HENNA BLVD TO TURTLE CREEK SUBDIVISION
W�E ROAD SIDE PROGRAM RDUNDRDLK TEXAS
Swae x amn.wn uiry
0
0
22
0
rn
- v
0
G)
sg
tx
GVO d N3Hdl)1)6l 1. a
m
0
O
O
ZZ l a3
q a
J
H
2
v
N
N
WE CHISHOLM TRAIL FROM FM 3406 TO SAM BASS RD
S ROADSIDE PROGRAM
0
VJ
0
m
-v
0
G)
0
D
Z
0
r
m
0
17
0
0
rn
D
0
r
m
0
Z
m
E
z
��MP�Po
IPA
�o
¢
w
z
V)
N
BOWMAN RD AT N. MAYS FROM N. MAYS TO FM 1460
w+E ROAD SIDE PROGRAM1-�R_INDK TEXASS L TZAS
0
m
0
w
m
GATTIS SCHOOL RD
O
�\GNG
�OUIs ySNNA SLVt)
N
HIGH COUNTRY BLVD FROM771S SCHOOL RD TO LOUIS HENNA
v+
E ROAD SIDE PROGRAM
S - J-�rrtfl)ROCK.TEXAS
IMSFIIIX IMIEI'fAIIY
Y
b
N MCNEIL ROAD FROM IH 35 TO CITY LIMIT SIGN
W+E ROAD
SIDE PROGRAM �RApNARACK.TEXAS
Swewse xu+mn rirosivrtr.
f1Ol WOtld ld a91S31W
M Ol 4A19VNN3H
MEISTER PL
0
c
z
W
r
Z,
Qp ..
GATTIS SCHOOL RD
N�NNPe`vo
�00\S
N
GATTIS SCHOOL RD FROM N. MAYS TO CR 122
W E ROAD SIDE PROGRAM
r'
�ROl1NU tZK.7E%AS
S wero c.' 'M
x' ' uin
0
0
0
m
-o
0
0
�n
NG
9
�O
T
L�S���Psg�vO LL
�O
2 '
9
. 01 eo�MPNao
OLD SETTLERS BLVD FROM N. MAYS TO FM 1460
E
S ROAD SIDE PROGRAM
RDUND ROCK,TEKAS
nwvosc riusiox.vmnruiry
O
c
J
FM 3'06 og
H
J
O
U
2
v�
N
1pk
g0
1100
9p
W+E SAM BASS RD FROM CHISHOLM TRAIL TO FM 3406
ROAD SIDE PROGRAM
J-'�WM1)ROCK.TE7(AS
Sew"vscvnnnaK A
O
GNP�G��P P
NG
9
R�
9�
0�-vG
E O�'G SES
CEPS
00
a
SUNRISE DR FROM US 79 TO CHANDLER RD
w+E ROAD J!RM�N�DROLK,TE%AS
SSIDE PROGRAM ��,��a ..n
C
vs�g
Z
J
D
co
co
W
a
GATTIS SCHOOL R
N RED BUD LANE FROM US 79 TO GATTIS SCHOOL ROAD
w�E ROAD SIDE PROGRAM N°R�KT As.
Swwe , a,r
v
v
v
p
P�
N
W�E DEEPWOOD DR FROM RR 620 TO END OF BLVD
-
S ROAD SIDE PROGRAM afl0�"°aaK `
2
g
g
0
Ela )1331d0 3lanoa
aa100HOS
SPECIFICATION NO.
99-988-89-01
REVISED: Sept.2004
ATTACHEMENT B
DRAINAGE AREAS AND CREEK CHANNELS
20 PAGES
Page 1 of 1
G)
rn
m
z
v
0
m
m
z
z
m
r
�J
NN
O
Y��O GO
2�
O�
NG
9
9�
N
DITCH 2
W E DRAINAGE AREAS AND CREEK CHANNELS
J%MN RSROCK.TEXAS
r rxxxmx vxxxr[xm
33
n
C)
rn
53
m
z
v
n
m
m
z
z
m
r
m
z
v
m
Z
m
v
��.m i�ininN�i�iIi�iIi�ill�la► ='=��
1. %t'1t1111 is
Ass
rI!_i= =���m� of .iC su ;i:':wa�� �� 1
11nun*
I/III►I1111111/1 ��I1 CC
C ��'/IIMIIII►., SIsUI111111 1111/I11: 741
1111
11111#11"1 .iii A
vii
1114°
0
°Ior"a1n
WP11111,I/�
I4/4 Alk'7i;�i
ip
1111►.�1% 1111111►����
It I Immo
01111111/IIi� Ci�� ��1��,���
m
n
v
33 ¢4
ti
J
U
ROUND ROGK WEST O
N
WDITCH 5
E DRAINAGE AR ROUNDROCICTE%AS
S EAS AND CREEK CHANNELS we oe�x mn no nem
n
G)
m
m
v
n
Z=
0
m
m
0
z
z
m
r
0
•
000.
111:1N114
•
•
•
n
G)
m
m
z
0
33
m
m
0
z
z
m
r
n
G)
m
ao
m
a(1)-1
Z=
0
33
m
m
0
z
z
m
r
IMO 1:131N30 3`Jd11b3H
m
/ 1
j 3
X.
I m
lCD
rl
G
N GEORGEORGE ow TN sr S
i
i
jI
i I �_ i
I
it
i
D
33
G)
m
3v
m
z_=
Av 1
I
m
m
0
1
n
z
z
m
r
v
3
n
m
33
n
z
n
3
m
m
z
z
m
1
A
9
74
SUNRISE RD
1111111111.W111111111#70
OM �111�i� ��I
sola MOO
G�'. *
11111A
011 Mei
Aft roMEMO
Nom -C CC
swim mom
Din aim ism
NM NW
SUNRISE RD
_r
S PSE
N f`
DITCH 14
W�E
S DRAINAGE AREAS AND CREEK CHANNELS 'AIA Mf M61oNnA^Y
v
n
m
m
z
v
m
m
r, xuKw ew414
►� � � • �� '� r• ������111111111� ►��`r
P WIN
� �• • ♦ �'� ♦� �'♦ 111111111 �
♦ ♦� ♦� ter► ♦� �♦ ���PE
1001.MINE
♦ ♦♦ fir► �� ♦♦ �� 1i ♦♦ p
i
u►
v
n
G)
m
m
z
v
0
m
m
n
.Z
z
z
m
r
v
n
m
m
z
cn
c0
m
m
0
s
z
z
m
r
i
mom
s���e eeeeoeee�■ o �� �� PE E
PIPPOP
���►� ��
PM
�• ♦• •,� eek ♦♦e �/,► � . �♦ ♦ . . ♦�*ice �
mom
MAP
pp
• � .�• �. moi, i ♦�o�
. , ee0000e
- o0
/1
f