R-05-11-22-9E3 - 11/22/2005RESOLUTION NO. R -05-11-22-9E3
WHEREAS, the City of Round Rock has duly advertised for bids for
printing the Parks and Recreation Department's Program Guide, and
WHEREAS, Austin Copy Craft Printers d/b/a Capital Printing Co.
has submitted the lowest responsible bid, and
WHEREAS, the City Council wishes to accept the bid of Austin Copy
Craft Printers d/b/a Capital Printing Co., 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 Printing Services and
a Work Made for Hire Agreement for 4 -Color Program Booklets with Austin
Copy Craft Printers d/b/a Capital Printing Co., a copy of said
Agreements 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 22nd day of November,,., 200
/__ ►�,- W LL, Mayor
Ci
of Round Rock, Texas
CHRISTINE R. MARTINEZ, City Secreta
@PFDesktop\::ODMA/WORLDOX/O:/wdox/RESOLUTI/R51122E3.WPD/sc
CITY OF ROUND ROCK
AGREEMENT FOR PURCHASE OF
PRINTING SERVICES FOR 4 -COLOR PROGRAM BOOKLETS FROM
AUSTIN COPY CRAFT PRINTERS d/b/a CAPITAL PRINTING CO.
THE STATE OF TEXAS
CITY OF ROUND ROCK
COUNTY OF WILLIAMSON
KNOW ALL BY THESE PRESENTS:
That this Agreement for purchase of printing services for 4 -Color Program Booklets
(referred to herein as the "Agreement") is made and entered into on this the day of the
month of , 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 AUSTIN COPY CRAFT PRINTERS d/b/a
CAPITAL PRINTING CO., a Texas limited partnership whose offices are located at Post Office
Box 17548, Austin, Texas 78760-7548 (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 printing services for 4 -Color Program Booklets
from Vendor; and
WHEREAS, City has issued its "Invitation for Bid" for City to provide said goods and
services, and City has selected the Bid submitted by Vendor; and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights, duties, and obligations;
NOW, THEREFORE:
WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
mutually agree as follows:
1.01 DEFINITIONS
A. Agreement means the binding legal contract between City and Vendor whereby
City is obligated to buy specified goods and services and Vendor is obligated to sell specified
goods and services. The instant Agreement includes the following: (a) City's Invitation for Bid
00092890/jkg
b
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2
EXHIBIT
tA"
designated as IFB 05-034, Specification Number 05-966-60; (b) Vendor's Response to IFB; (c)
the contract award; and (d) any exhibits, addenda, and/or amendments thereto. Any
inconsistencies or conflicts in the contract documents shall be resolved by giving preference in
the following order:
(1) This Agreement;
(2) Purchaser's Response to IFB;
(3) City's Invitation for Bids, exhibits, and attachments.
B. City means the City of Round Rock, Williamson and Travis Counties, Texas.
C. Effective Date means the date upon which the binding signatures of both parties
to this Agreement are affixed.
D. Force Majeure means acts of God, strikes, lockouts, or other industrial
disturbances, acts of the public enemy, orders of any kind from the government of the United
States or the State of Texas or any civil or military authority, insurrections, riots, epidemics,
landslides, lightning, earthquakes, fires, hurricanes, storms, floods, restraint of the government
and the people, civil disturbances, explosions, or other causes not reasonably within the control
of the party claiming such inability.
E. Goods mean the specified services, supplies, materials, or equipment.
F. Vendor means Austin Copy Craft Printers d/b/a Capital Printing Co., or any of its
successors or assigns.
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 three (3) consecutive twelve (12) month
periods from the effective date. Prices shall be firm for the duration of the terms of this
Agreement, except as otherwise provided for herein. At City's option, this Agreement may be
renewed for two (2) additional periods not to exceed twelve (12) months for each renewal, only
upon the express written agreement of both parties and only provided Vendor has performed
each and every contractual obligation specified in this Agreement.
C. City reserves the right to review Vendor's performance at any time during the
initial agreement period or any renewal periods, and may elect to terminate this Agreement with
or without cause or may elect to continue.
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3.01 CONTRACT DOCUMENTS AND EXHIBITS
City selected Vendor to supply the goods and services as outlined in IFB 05-034,
Specification Number 05-966-60, and Response to IFB submitted by Vendor, all as specified in
Exhibit "A" attached hereto and made a part hereof for all purposes. The intent of these
documents is to formulate an Agreement listing the responsibilities of both parties as outlined in
the IFB and as offered by Vendor in its Response to the IFB.
The goods and services which are the subject matter of this Agreement are described in
Exhibit "A" and, together with this Agreement, comprise the total Agreement and they are as
fully a part of this Agreement as if repeated herein in full.
4.01 ITEMS AWARDED
All bid items on Exhibit "A" are awarded to Vendor.
5.01 COSTS
Bid costs listed on Exhibit "A" shall be the basis of any charges collected by Vendor.
6.01 INVOICES
All invoices shall include, at a minimum, the following information:
A. Name and address of Vendor;
B. Purchase Order Number;
C. Description and quantity of items received; and
D. Delivery dates.
7.01 NON -APPROPRIATION AND FISCAL FUNDING
This Agreement is a commitment of City's current revenues only. It is understood and
agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year
if the governing body of City does not appropriate funds sufficient to purchase the services as
determined by City's budget for the fiscal year in question. City may effect such termination by
giving Vendor a written notice of termination at the end of its then -current fiscal year.
8.01 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Goverrunent Code, payment to
Vendor will be made within thirty (30) days of the day on which City receives the performance,
3
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.
9.01 GRATUITIES AND BRIBES
City may, by written notice to Vendor, cancel this Agreement without liability 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.
10.01 TAXES
City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be
included in Vendor's charges.
11.01 ORDERS PLACED WITH ALTERNATE VENDORS
If Vendor cannot provide the goods and services as specified, City reserves the right and
option to obtain same from other suppliers or sources.
12.01 INSURANCE
Vendor shall meet all requirements as stated in the attached Invitation for Bid No. 05-034
and its bid response.
4
13.01 CITY'S REPRESENTATIVE
City hereby designates the following representative authorized to act in its behalf with
regard to this Agreement:
Terri Waggoner
301 West Bagdad
Round Rock, Texas 78664
512-341-3361
E-mail: twaggoner(a,round-rock.tx.us
14.01 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.
15.01 DEFAULT
If Vendor abandons or defaults under this Agreement and is a cause of City purchasing
the specified goods and 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 service and that it
may not be considered in future bids for the same type of work unless the scope of work is
significantly changed.
Vendor shall be declared in default of this Agreement if it does any of the following:
A. Fails to make any payment in full when due;
B. Fails to fully, timely and faithfully perform any of its material obligations
under this Agreement;
C. Fails to provide adequate assurance of performance under the "Right to
Assurance" section herein; or
D. Becomes insolvent or seeks relief under the bankruptcy laws of the United
States.
16.01 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.
5
B. In the event of any default by Vendor, City has the right to terminate this
Agreement for cause, upon ten (10) days' written notice to Vendor.
C. Vendor has the right to terminate this Agreement for cause, that being in the event
of a material and substantial breach by City, by providing the City with one hundred twenty
(120) days' written notice prior to termination of the Agreement; and in the event of such written
notice of termination, Vendor shall continue services for a period of time not to exceed one
hundred twenty (120) days after written notification. Termination under this subsection (C) of
Section 16.01 shall not relieve Vendor of any obligation or liability that has occurred prior to
cancellation.
D. In the event City terminates under subsections (A) or (B) of this Section 16.01,
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.
17.01 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.
18.01 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.
19.01 ASSIGNMENT AND DELEGATION
The parties each bind themselves, their successors, assigns and legal representatives to
each other with respect to the terms of this Agreement. A party shall neither assign, sublet nor
transfer any interest in this Agreement without prior written authorization of the other party.
6
20.01 NOTICES
All notices and other communications in connection with this Agreement shall be in
writing and shall be considered given as follows:
1. When delivered personally to the recipient's address as stated in this Agreement;
or
2. Three (3) days after being deposited in the United States mail, with postage
prepaid to the recipient's address as stated in this Agreement.
Notice to Vendor:
Austin Copy Craft Printing
d/b/a Capital Printing Co.
Attention: Mike Dodson
Post Office Box 17548
Austin, Texas 78760-7548
Notice to City:
David Kautz
Assistant City Manager
221 East Main Street AND TO:
Round Rock, TX 78664
Stephan L. Sheets
City Attorney
309 East Main Street
Round Rock, TX 78664
Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of City and Vendor.
21.01 APPLICABLE LAW; ENFORCEMENT AND VENUE
This Agreement shall be enforceable in Round Rock, Texas, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or conditions
herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be
governed by and construed in accordance with the laws and court decisions of the State of Texas.
22.01 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.
7
23.01 DISPUTE RESOLUTION
If a dispute or claim arises under this Agreement, the parties agree to first try to resolve
the dispute or claim by appropriate internal means, including referral to each party's senior
management. If the parties cannot reach a mutually satisfactory resolution, then and in that event
any such dispute or claim will be sought to be resolved with the help of a mutually selected
mediator. If the parties cannot agree on a mediator, City and 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.
24.01 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion or provision of this Agreement void shall in no
way affect the validity or enforceability of any other portion or provision of this Agreement. Any
void provision shall be deemed severed from this Agreement, and the balance of this Agreement
shall be construed and enforced as if this Agreement did not contain the particular portion or
provision held to be void. The parties further agree to amend this Agreement to replace any
stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision. The provisions of this section shall not prevent this entire Agreement from
being void should a provision, which is of the essence of this Agreement, be determined void.
25.01 MISCELLANEOUS PROVISIONS
Standard of Care. Vendor represents that it employs trained, experienced and
competent persons to perform all of the services, responsibilities and duties specified herein and
that such services, responsibilities and duties shall be performed in a manner according to
generally accepted industry practices.
Time is of the Essence. Vendor understands and agrees that time is of the essence and
that any failure of Vendor to fulfill obligations for each portion of this Agreement within the
agreed timeframes will constitute a material breach of this Agreement. Vendor shall be fully
responsible for its delays or for failures to use best efforts in accordance with the terms of this
Agreement. Where damage is caused to City due to Vendor's failure to perform in these
circumstances, City may pursue any remedy available without waiver of any of City's additional
legal rights or remedies.
Force Majeure. Neither City nor Vendor shall be deemed in violation of this Agreement
if it is prevented from performing any of its obligations hereunder by reasons for which it is not
8
responsible as defined herein. However, notice of such impediment or delay in performance must
be timely given and all reasonable efforts undertaken to mitigate its effects.
Multiple Counterparts. This Agreement may be executed in multiple counterparts, any
one of which shall be considered an original of this document; and all of which, when taken
together, shall constitute one and the same instrument.
IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates
indicated.
CITY OF ROUND ROCK, TEXAS
AUSTIN COPY CRAFT PRINTING
d/b/a CAPITAL PRINTING CO.,
a Texas limited partnership
4
By: By:
Title: Tit e: -tc..�
Printed Name: Printed Name: Yh k -e...
Date Signed: Date Signed: I (
ATTEST:
Christine R. Martinez, City Secretary
APPROVED AS TO FORM:
Stephan L. Sheets, City Attorney
9
Ilvvi I A I ION t -UI -Z BID (IFB)
CITY - 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
Accounts Payable
221 East Main Street
Round Rock, Texas 78664
BID F.O.B. DESTINATION
UNLESS OTHERWISE SPECIFIED BELOW
DESTINATION:
City of Round Rock
Clay Madsen Recreation Center
1600 Gattis School Road
Round Rock, Texas 78664
Best Bid Evaluation: AH bids received shall b
----- •au� �►UIG �•��y, wnicn win De aetermined by considering all or p
of the following criteria: Bid Price; Reputation of Bidder; Extent to which the Goods or Services meet the City's needs; and Bidder's Past
Relationship with the City; as well as any relevant criteria listed in the attached Specification Number 05-966-60, dated August 2005 (9 pages).
FACSIMILE 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.
(DOING INFORMATION: PRINTING SERVICES -4 COLOR PROGRAM BOOKLET
BID NUMBER 05-034
OPENING DATE: 8/30/2005 AT 3:00 PM
BID LOCATION: 221 E. Main Street, 1st Floor
Council Chambers, Round Rock, TX 78664
RETURN SIGNED ORIGINAL AND ONE COPY OF BID
BIDDER SHALL SIGN BELOW
Failure to sign bid will disqualify bid
m.
orized Signature
Mike Dodson
Date
Print Name
SEE 1.7 ON BACK FOR INSTRUCTIONS:
TAX ID NO.: 50-0016839
LEGAL BUSINESS NAME: Capital. Printing Co.
ADDRESS: P.O. Box 17548
ADDRESS: Austin, TX 78760-7548
CONTACT: Gayla Neely
TELEPHONE NO.: (5121 442-1415 Fax No:
_5121_441-1448
_
BUSINESS ENTITY TYPE: Printing Company
Bidder agrees to comply with all conditions set forth below and on the reverse side of this IFB.
ITEM #
CLASS & ITEM
DESCRIPTION
ESTIMATED
QUANTITY
INDIVIDUAL
PRICE
•
TOTAL ESTIMATED
PRICE
1
SPRING BOOKLETS
Delivery in November per
schedule established by City
representative
19,000
booklets
.2885
2
SUMMER BOOKLETS
Delivery in March per schedule
established by City representative
20,000
booklets
each
.283
3
4
5
FALL BOOKLETS
EXTRA EDITS CHARGE
RE -RUN CHARGES
Delivery in August per schedule
established by City representative
Cost per hour to maked additional
edits to proofed document
Cost per 1,000 of requested
additional booklets above initial
order
"By the signature hereon affixed, the bidder hereby certi
anyone acting for such entity has violated the antitrust la
Commerce Code, or the Federal antitrust laws, nor com
other person engaged in such line of business."
19,000
booklets
N/A
1,000
booklets
each
.2885
each
$ 80.00
$ 5482.00
total
$ 5660.00
per hour
$ 1860.00
each
e entity represented by the bidder, or
on 15.01 et seq., Texas Business and
e bid made to any competitor or any
total
5482.00
total
REFERENCE SHEET
Please Complete and Return This Form with the Solicitation Response
SOLICITATION NUMBER: IFB 05-03¢
BIDDER'S NAME: Capital Printing Co DATE: 8/25/05
Provide the name, address, telephone number and point of contact of at least three firms that have utilized
similar service for at least 2 years. References may be checked prior to award. Any negative responses
received may result in disqualification of bid.
1. Company's Name
Name of Contact
Title of Contact
E -Mail Address
Present Address
City, State, Zip Code
Telephone Number
2. Company's Name
Name of Contact
Title of Contact
E -Mail Address
Present Address
City, State, Zip Code
Telephone Number
3. Company's Name
Name --of Contact
Title of Contact
E -Mail Address
Present Address
City, State, Zip Code
Telephone Number
4. Company's Name
Name of Contact
Title of Contact
E -Mail Address
Present Address
City, State, Zip Code
Telephone Number
American Campus Communities
Sharman Bajon
Marketing Director
Baj on@ studenthousing.can
805 Las Cimas Pkwy #400
Austin, TX 78746
( 512 ) 732-1000
The Gibson Group
Fax Number ( 512 ) 858-0486
Susan Gibson
President/Owner
su sangibson(aaustin . rr. can
14101 Hwy 290 West Building 1600B
Actin, TX 787'17
(512 ) 894-4106
Fax Number ( 512) 858-0486
Texas Land Title Association
Cathy Whatley
Publication Communication Manager
TLTA@TLTA.com
1717-W 6th Street
Austin, DC 78703
( 512 ) 472-6593 Fax Number (512 ) 472-5931
Texas Dept. of Agriculture
Julie Andrews
State Mkt. Co-ordinator for Media & Advertising
julieandrews@AGR. STAIM_ TX.IIS
P.O. Box 12847
Austin, TX 7871]
( 512 ) 463-7566
Fax Number (888 ) 223-7045
FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY
AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD.
Reference Sheet
Page 3 of 3 Dated: 08/16/2005
nvvi 1/11 wiv rvrc OIL/ (1I -b)
Cly P 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
Accounts Payable
221 East Main Street
Round Rock, Texas 78664
BID F.O.B. DESTINATION
UNLESS OTHERWISE SPECIFIED BELOW
DESTINATION:
City of Round Rock
Clay Madsen Recreation Center
1600 Gattis School Road
Round Rock, Texas 78664
FACSIMILE 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.
IDDING INFORMATION: PRINTING SERVICES -4 COLOR PROGRAM BOOKLET'
BID NUMBER 05-034
OPENING DATE: 8/30/2005 AT 3:00 PM
BID LOCATION: 221 E. Main Street, 1st Floor
Council Chambers, Round Rock, TX 78664
RETURN SiGNED ORIGINAL AND ONE COPY OF BID
BIDDER SHALL SIGN BELOW
Failure to sign bid will disqualify bid
orized Signature
Mike Ikson.
Date
Print Name
SEE 1.7 ON BACK FOR INSTRUCTIONS:
TAX ID NO.: 50-0016839
LEGAL BUSINESS NAME: Capital. Printing Co.
ADDRESS: P.O. Box 17548
ADDRESS: Austin, TX 78760-7548
CONTACT: Gayla Neely
TELEPHONE NO.: (5121 442-1415 _
BUSINESS ENTITY TYPE: Printing Company
Best Bid Evaluation: 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 criteria: Bid Price; Reputation of Bidder; Extent to which the Goods or Services meet the City's needs; and Bidder's Past
Relationship with the City; as well as any relevant criteria listed in the attached Specification Number 05-966-60, dated August 2005 (9 pages).
Fax No: J512L 441-1448
Bidder comply a tees to"
9 with all conditions set forth below and on the
............u... ... ................. reverse side of this 1FB.
ITEM #
CLASS & ITEM
DESCRIPTION
ESTIMATED
QUANTITY
INDIVIDUAL
PRICE
TOTAL ESTIMATED
PRiCE
1 SPRING BOOKLETS
Delivery in November per
schedule established by City
representative
19,000
booklets
.2885
2
SUMMER BOOKLETS
Delivery in March per schedule
established by City representative
20,000
booklets
each
.283
3
4
FALL BOOKLETS
EXTRA EDITS CHARGE
5
RE -RUN CHARGES
Delivery in August per schedule
established by City representative
Cost per hour to maked additional
edits to proofed document
Cost per 1,000 of requested
additional booklets above initial
order
19,000
booklets
N/A
1,000
booklets
"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."
each
.2885
each
$ 80.00
$ 1860.00
each
$ 5482.00
total
total
$ 5482.00
total
P
REFERENCE SHEET
Please Complete and Return This Form with the Solicitation Response
4
SOLICITATION NUMBER: IFB 05-033 SALE OF BULK Nl-14:1L-C1I
BIDDER'S NAME: Capital Printing Co DATE: 8/25/05
Provide the name, address, telephone number and point of contact of at least three firms that have utilized
similar service for at least 2 years. References may be checked prior to award. Any negative res onses
received may result in disqualification of bid. p
1. Company's Name
Name of Contact
Title of Contact
E -Mail Address
Present Address
City, State, Zip Code
Telephone Number
2. Company's Name
Name of Contact
Title of Contact
E -Mail Address
Present Address
City, State, Zip Code
Telephone Number
3. Company's Name
Name of Contact
Title of Contact
E -Mail Address
Present Address
City, State, Zip Code
Telephone Number
4. Company's Name
Name of Contact
Title of Contact
E -Mail Address
Present Address
City, State, Zip Code
Telephone Number
American Campus Communities
Sharon Ra jon
Marketinq Director
Bajon@studenthousing.com
805 Las Cimas Pkwy #400
Austin, TX 78746
(512 ) 732-1000
The Gibson Group
Fax Number ( 512 ) 858-0486
Susan Gibson
President/Owner
isangibson@austin.rr.can
14101 Hwy 290 West Building 1600B
�usti n TX 78737
(512 )894-4106
Fax Number ( 512) 858-0486
Texas Land Title Association
Cathy Whatley
Publication Communication Manager
TLTA@TLTA.com
1717 W 6th Street
Austin, TX 78703
( 512 ) 472-6593 Fax Number (512 ) 472-5931
Texas Dept. of Agriculture
Julie Andrews
State Nkt. Co-ordinator for Media & Advertising
julieandrews(aAGR. STATPE. TX. TTS
P.O. Box 12847
Austin, TX ?8711
( 512 ) 463-7566
Fax Number (888 ) 223-7045
FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY
AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD.
Reference Sheet
Page 3 of 3 Dated: 08/16/2005
SPECIFICATION NO.
05-966-60
DATE: August 2005
CITY OF ROUND ROCK
PRINTING SERVICES: 4 -COLOR PROGRAM BOOKLETS
1. PURPOSE: The City seeks to contract with a qualified bidder to provide all goods and labor for
printing services of 4 -Color Program Booklets for the City of Round Rock, Parks and Recreation
Department as identified on the Invitation For Bid (IFB).
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 and Travis Counties, Texas.
2.3. Contract — A mutually binding legal document obligating the Contractor to furnish the
goods, equipment or services, and obligating the City to pay for it.
2.4. Contractor — A person or business enterprise providing goods, equipment, labor and/or
services to the City as fulfillment of obligations arising from a contract 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 contract. 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. 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.
3. CLARIFICATION: For clarification of specifications, bidders may contact:
Randy Barker
Purchasing Supervisor
City of Round Rock
Telephone: 512-218-3295
Email: rbarker@round-rock.tx.us
The individual listed above may be contacted by telephone or visited for clarification of the
specifications only. No authority is intended or implied that specifications may be amended or
alterations accepted prior to bid opening without written approval of the City of Round Rock throw h
the Purchasing Division. g
PART I
GENERAL CLAUSES AND CONDITIONS
1. The Contractor shall provide all labor and goods necessary to perform the project. The
Contractor shall employee all personnel for work in accordance with the requirements set forth by
the United States Department of Labor.
2. The Contractor shall be responsible for damage to the City's equipment and/or property, the
workplace and its contents by its work, negligence in work, its personnel and equipment. The
Contractor shall be responsible and liable for the safety; injury and health of its working personnel
while its employees are performing service work.
Page 1 of 9
SPECIFICATION NO.
05-966-60
DATE: August 2005
3. The City is committed to maintaining an alcohol and drug free workplace. Possession, use, or
being under the influence of alcohol or controlled substances by Contractor, Contractor's
employees, subcontractor (s) or subcontractor (s) employees while in the performance of the
service is prohibited. Violation of this requirement shall constitute grounds for termination of the
service.
4. EX PARTE COMMUNICATION
Please note that to insure the proper and fair evaluation of a bid,
the City of Round Rock prohibits
ex parte communication (e.g., unsolicited) initiated by the Bidder to the City Official or Employee
evaluating or considering the bids prior to the time a bid decision has been made. Communication
between Bidder and the City will be initiated by the appropriate City Official or Employee in order
to obtain information or clarification needed to develop a proper and accurate evaluation of the
bid. Ex parte communication may be grounds for disqualifying the offending Bidder from
consideration or award of the bid then in evaluation, or any future bid.
5. AGREEMENT: 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.
5.1 The term of this Agreement shall be for three (3) consecutive twelve (12) month periods
of time from the effective date. Prices shall be firm for the duration of the Agreement,
except as provided for herein. This Agreement may be renewed for two (2) additional
periods of time not to exceed twelve (12) months for each renewal provided the parties
agree.
5.2 The City reserves the right to review the Vendor's performance at the end of each twelve
(12) month period of time, and to cancel the contract (without penalty) or continue the
contract through the next period.
5.3 The 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.
6. BEST 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.
6.1. Bid price
6.2. Reputation of the bidder and of bidder's goods and services.
6.3. The quality of the bidder's goods or services. Samples to be provided by vendor.
6.4. The extent to which the goods or services meet the City's needs
6.5. 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.
7. 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 services or quantities, as determined by the City's budget for the
fiscal year in question. The City may effect such termination by giving Contractor a written notice
of termination at the end of its then current fiscal year.
8. CANCELLATION: The City reserves the right to cancel the Agreement without penalty by
providing 30 days prior notice to the other party. Contractor 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 Contractor 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.
Page 2of9
SPECIFICATION NO.
05-966-60
DATE: August 2005
9. 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 Contractor shall furnish the City with satisfactory proof of its compliance.
10. 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).
11. ABANDONMENT OR DEFAULT: A Contractor who abandons or defaults the work on the
contract 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.
12. INDEMNITY: Contractor shall indemnify, save harmless and defend the City, its officers, agents,
servants, and employees from and against any and all suits, actions, legal proceedings, claims,
demands, damages, costs, expenses, attorney's fees and any and all other costs or fees incident
to the performance of the resulting agreement and arising out of a willful or negligent act or
omission of the Contractor, its officers, agents, servants and employees.
13. INSURANCE: The Contractor shall procure and maintain at its sole cost and expense for the
duration of the contract or purchase order resulting from a response to this bid/Specification
insurance against claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the work as a result of this bid by the successful bidder, its
agents, representatives, volunteers, employees or subcontractors.
14. Certificates of Insurance and endorsements shall be furnished to the City and approved by the City
before work commences.
14.1. The following standard insurance policies shall be required:
14.1.1. General Liability Policy
14.1.2. Automobile Liability Policy
14.1.3. Worker's Compensation Policy
14.2. The following general requirements are applicable to all policies:
14.2.1. Only insurance companies licensed and admitted to do business in the State of
Texas shall be accepted.
14.2.2. Deductibles shall be listed on the Certificate of insurance and are acceptable only
on a per occurrence basis for property damage only.
14.2.3. Claims made policies shall not be accepted, except for Professional Liability
Insurance.
14.2.4. Upon request, certified copies of all insurance policies shall be furnished to the City
14.2.5. Policies shall include, but not limited to, the following minimum limits:
14.2.6. Minimum Bodily Injury Limits of $300,000.00 per occurrence.
14.2.7. Property Damage Insurance with minimum limits of $50,000.00 for each
occurrence.
Page 3 of 9
SPECIFICATION NO.
05-966-60
DATE: August 2005
14.2.8. 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.
14.2.9. Statutory Worker's Compensation Insurance and minimum $100,000.00 Employers
Liability Insurance.
14.2.10.Coverage shall be maintained for two years minimum after the termination of the
Contract.
14.3. 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 reques
by the City, the Contractor shall exercise reasonable efforts to accomplish such changes
in policy coverage and shall pay the cost thereof. All insurance and bonds shall meet the
requirements of the bid specification and the insurance endorsements stated below.
14.4. Contractor agrees that with respect to the required insurance, all insurance contracts and
certificate(s) of insurance will contain and state, in writing, on the certificate or its
attachment, the following provisions:
14.4.1. Provide for an additional insurance endorsement clause declaring the
Contractor's insurance as primary.
14.4.2. Name the City and its officers, employees, and elected officials as additional
insured' s, (as the interest of each insured may appear) as to all applicable
coverage.
14.4.3. Provide thirty days notice to the City of cancellation, non -renewal, or material
changes
14.4.4. Remove all language on the certificate of insurance indicating:
t
14.4.4.1.
That the insurance company or agent/broker shall endeavor to
notify the City; and,
14.4.4.2. Failure to do so shall impose no obligation of liability of any kind
upon the company, its agents, or representatives.
14.4.5. Contractor agrees to waive subrogation against the City, its officers, employees
and elected officials for injuries, including death, property damage, or any
other loss to the extent same may be covered by the proceeds of insurance
14.4.6. 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.
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
Contractor shall notify the City in the event of any change in coverage and shall
give such notices not less than thirty days prior notice to the change, which
notice shall be accomplished by a replacement Certificate of Insurance.
14.4.9. 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
14.4.7.
14.4.8.
Page 4 of 9
City Attorney
City of Round Rock
309 East Main Street
Round Rock, TX 78664
•
t
SPECIFICATION NO.
05-966-60
DATE: August 2005
14.5. Approval, disapproval, or failure to act by the City regarding any insurance supplied by the
Contractor shall not relieve the Contractor of full responsibility or liability for damages and
accidents as set forth in these requirements. Neither shall bankruptcy, insolvency, or
denial of liability by the insurance company relieve the Contractor from liability.
14.6. If the Contractor employs, contracts with or otherwise permits any other individual or entity
to perform any of the obligations of the Contractor, then any and all of these individual or
entities shall be bound by the same insurance requirements as the successful bidder.
15. 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.
15.1. 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 insurancecoverage for the person's or entity's employees providing
services on a project, for the duration of the project.
15.2. 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.
15.3. 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.
15.4. 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.
15.5. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being
awarded the contract.
15.6. 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.
15.7. The CONTRACTOR shall obtain from each personproviding services on a project, and
provide to the OWNER:
15.7.1. 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
15.7.2. 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.
15.8. The CONTRACTOR shall retain all required certificates of coverage for the duration of the
project and for one year thereafter.
Page 5 of 9
SPECIFICATION NO.
05-966-60
DATE: August 2005
15.9. 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.
15.10. 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.
15.11. The CONTRACTOR shall contractually require each person with whom it contracts to
provide services on a project, to:
15.11.1. 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;
15.11.2. 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;
15.11.3. 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;
15.11.4. Obtain from each other person with whom it contracts, and provide to the
CONTRACTOR:
15.11.5.A certificate of coverage, prior to the other person beginning work on the project;
and
15.11.6.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
15.11.7. Retain all required certificates of coverage on file for the duration of the project and
for one year thereafter;
15.11.8. 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
15.11.9. 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.
15.12. 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.
15.13. 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.
Page 6 of 9
SPECIFICATION NO.
05-966-60
DATE: August 2005
16. LIENS: Contractor 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 Contractor or subcontractors shall provide a proper
release of all liens or satisfactory evidence of freedom from liens shall be delivered to the City.
17. VENUE: Both the City and the Contractor agree that venue for any litigation arising from a
resulting agreement shall lie in Williamson County.
18. 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.
19. CONTRACTOR RESPONSIBILITY
19.1. Contractor shall maintain sufficient communication with City of Round Rock to insure 30
days lead time on all factors resulting in adjustment or alteration of production deadlines.
19.2. Contractor shall maintain 10 working, days (exclusive of holidays) lead time in allowing
the City of Round Rock to receive and review all pre -production proofs and drafts.
Completion of final product to be delivered within 10 working days.
19.3. All products, files, proofs and artwork evolving from development and implementation of
this contract shall become the property of the City of Round Rock.
PART II
SPECIFICATIONS
1. SCOPE: This specification describes Printing Services for 4 -Color Program Booklets for the City
of Round Rock's Parks and Recreation Department.
2. STATEMENT OF INTENT: These specifications cover only the general requirements as to the
Printing of Program Booklets. Bidders shall be responsible for furnishing all the necessary goods
and services, that meets or exceeds all of the requirements as set forth herein, as well as provide
a quality end product.
3. 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 lowest
responsible bidder from information submitted with the bid. All bidders shall furnish the following
information at a minimum:
3.1. References: Provide the name, address, telephone number and point of contract of at
least three firms that have utilized your services for at least 1 year. References may be
checked prior to award. Any negative responses received may result in disqualification of
bid.
4. BID SUBMITTAL: Bids shall be constructed to include all costs related to the design, production
and printing of specified 4 -Color Program Booklets within the time frame designated.
5. BOOKLET:
5.1. Cover to be 80# glossy text.
5.2. Size: 11 x 17 printed 4/2 (four color process)
5.3. Inside signature 60# white opaque, printed 2/2 (black ink + 1 PMS ink)
5.4. Booklet to be saddle stitched
3.2. Subcontractors: Identify any subcontractors to be used for this project. Experience,
qualifications and references of the subcontractors shall be submitted. The City reserves
the right to approve or disapprove all subcontractors prior to any work being performed.
Page 7 of 9
x _ SPECIFICATION NO.
05-966-60
DATE: August 2005
6. QUANTITIES: The quantities shown in this specification and on IFB 04-005 are estimates only.
No guarantee of any minimum or maximum purchase is made or implied. The City will only order
the services needed to satisfy requirements, which may be more or less than indicated. Vendor
shall not charge City for over runs.
6.1. Spring booklet — 19,000
6.2. Summer booklet — 20,000
6.3. Fall booklet —19,000
7. GENERAL:
8. DEADLINES: Booklets shall be completed by the date noted below or alternate date upon
agreement with PARD representative of the City. The City of Round Rock in accordance with
contract guidelines will determine deadlines for future publications.
8.1. The Spring 2006 program booklet shall be delivered to vendor by City on or before
November 15, 2005 with vendor completion and delivery to the Clay Madsen Recreation
Center on or before December 5, 2005.
7.1. Total number of pages in booklet — 36 pages although a 24, 28, or 32 page option may be
used
7.2. The City of Round Rock, Parks and Recreation Department will provide a Quark Xpress
5.0 file and all of the necessary clip art and images included in the document. The
document will need to be put into printer spread prior to printing.
8.2. The Summer 2006 program booklet shall be delivered to vendor by City on or before
March 2, 2006 with vendor completion and delivery to the Clay Madsen Recreation Center
on or before March 13, 2006.
8.3. The Fall 2006 program booklet shall be delivered to vendor by City on or before July 31,
2006 with vendor completion and delivery to the Clay Madsen Recreation Center on or
before August 14, 2006.
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 contractor in writing and accompanied with the
appropriate documentation to justify the increase. Increase may only be made at the beginning of
each contract year with 60 day written notice. The vendor may offer price decreases in excess of
the allowable percentage change.
10. CONTRACT ADMINISTRATOR: All work performed under this contract will be supervised and
verified by the PARD designee noted below.
Terri Waggoner
301 West Bagdad
Round Rock, TX 78664
(512) 341-3361
Email: twactgonerOround-rock.tx.us
PART III
DELIVERY, SERVICE, ACCEPTANCE AND PAYMENT
1. DELIVERY: Delivery of the goods and services shall be completed within the specified deadlines.
Booklets shall be delivered to the Clay Madsen Recreation Center, 1600 Gattis School Road,
Round Rock, TX, 78664
2. ACCEPTANCE: Acceptance inspection should not take more than five working days. The vendor
will be notified within this time frame if the goods delivered are not in full compliance with the
specifications. If any purchase order is canceled for non-acceptance, the needed goods/services
Page 8 of 9
SPECIFICATION NO.
05-966-60
DATE: August 2005
may be purchased elsewhere and the vendor may be charged full increase, if any, in cost and
handling.
3. INVOICING: Contractor 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
4. 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 Contractor 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 Contractor 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
4.3. There is a bona fide dispute between the Contractor 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: Contractor 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 seq.
Page 9 of 9
WORK MADE FOR HIRE AGREEMENT WITH AUSTIN COPY CRAFT
PRINTERS d/b/a CAPITAL PRINTING CO.
This Agreement is made on the day of the month of
2005, by and between AUSTIN COPY CRAFT PRINTERS d/b/a CAPITAL
PRINTING CO., a Texas limited partnership, and any of its authors and/or artists
(hereinafter referred to as "Author/Artist," and if there is more than one author/artist
affiliated with the entity, then the entity and all of them collectively) and the CITY OF
ROUND ROCK, TEXAS (hereinafter referred to as the "City").
This Agreement is made simultaneous to an agreement entitled "City of Round
Rock Agreement for Purchase of Printing Services for 4 -Color Program Booklets from
Austin Copy Craft Printers d/b/a Capital Printing Co.," and encompasses the subject
matter contracted for thereunder.
AUTHOR/ARTIST AND CITY HEREBY AGREE THAT:
1. Title and Copyright Assignment
(a) Author/Artist and City intend this to be a contract for services and each considers
the products and results of the services to be rendered by Author/Artist hereunder (the
"Work") to be a work made for hire. Author/Artist acknowledges and agrees that the
Work (and all rights therein, including, without limitation, copyright) belongs to and shall
be the sole and exclusive property of City.
(b) If for any reason the Work would not be considered a work made for hire under
applicable law, Author/Artist does hereby sell, assign, and transfer to City, its successors
and assigns, the entire right, title and interest in and to the copyright in the Work and any
registrations and copyright applications relating thereto and any renewals and extensions
thereof, and in and to all works based upon, derived from, or incorporating the Work, and
in and to all income, royalties, damages, claims and payments now or hereafter due or
payable with respect thereto, and in and to all causes of action, either in law or in equity
for past, present, or future infringement based on the copyrights, and in and to all rights
corresponding to the foregoing throughout the world.
(c) If the Work is one to which the provisions of 17 U.S.C.106A apply, Author/Artist
hereby waives and appoints City to assert on Author/Artist's behalf the Author/Artist's
moral rights or any equivalent rights regarding the form or extent of any alteration to the
Work (including, without limitation, removal or destruction) or the making of any
derivative works based on the Work, including, without limitation, drawings or other
visual reproductions or the Work, in any medium, excepting photographs, for City's
purposes.
(d) Author/Artist agrees to execute all papers and to perform such other proper acts as
City may deem necessary to secure for City or its designee the rights herein assigned.
00092898/jkg
2. Delivery of the Work
(a) Author/Artist will deliver to City on or before any contractually -obligated date the
completed Work (with all illustrations, charts, graphs, graphics, and other material,
including supplements, handouts, reference lists, indexes, etc., in the medium mutually
agreed upon for the Work) in form and content satisfactory to City.
(b) If Author/Artist fails to deliver the Work on time, City will have the right to
terminate this agreement and the referenced simultaneous agreement and to recover from
Author/Artist any sums advanced in connection with the Work. Upon such termination,
Author/Artist may not have the Work published or used in any form elsewhere until such
advances have been repaid.
3. Quoted Material
With the exception of short excerpts from others' works, which constitute fair use,
the Work will contain no material from other copyrighted works without a written
consent of the copyright holder. Author/Artist will obtain such consents at his/her/its own
expense after consultation with City and will file them with City at the time the Work is
delivered. Any obligations associated with permissions will be the responsibility of
Author/Artist.
4. Author/Artist's Warranty
Author/Artist warrants that he/she/it is the sole owner of the Work and has full
power and authority to make this agreement; that the Work does not infringe any
copyright, violate any property rights, or contain any scandalous, libelous, or unlawful
matter. Author/Artist will defend, indemnify, and hold harmless City and/or its licensees
against all claims, suits, costs, damages, and expenses that City and/or its licensees may
sustain by reason of any scandalous, libelous, or unlawful matter contained or alleged to
be contained in the Work or any infringement or violation by the Work of any copyright
or property right; and until such claim or suit has been settled or withdrawn, City may
withhold any sums due Author/Artist under the referenced simultaneous agreement.
5. Consideration
In consideration for delivery of the Work in accordance with the provisions of the
referenced simultaneous agreement, City shall pay Author/Artist as indicated therein.
6. Revisions
Author/Artist shall, at the request of City, revise the Work at one year intervals
during the term of the referenced simultaneous agreement.
7. Term and Termination
(a) This agreement shall remain in effect for the same length of time as the referenced
simultaneous agreement unless terminated earlier in accordance with this Section 7.
(b) In the event that either party shall be in default of its material obligations under
this agreement or the referenced simultaneous agreement and shall fail to remedy such
default within thirty (30) days after receipt of written notice thereof, the agreements shall
terminate upon expiration of the thirty (30) day period.
(c) Upon the expiration of the term of this agreement and the referenced simultaneous
agreement, the parties may agree to renew those agreements for additional terms, only as
allowed by the terms of the referenced simultaneous agreement, upon the same terms and
conditions as set forth.
8. Options/Contracts with Third Parties
Nothing contained in Section 7 shall affect any license or other grant of rights,
options, or agreements made with third parties prior to the termination date or the rights
of City in the income resulting from such agreements.
9. Amendments
The written provisions contained in this agreement, taken together inextricably
with the referenced simultaneous agreement, constitute the sole and entire agreement
made between Author/Artist and City concerning this Work, and any amendments to
same shall not be valid unless made in writing and signed by both parties.
10. Construction, Binding Effect, Venue, and Assignment
This agreement shall be construed and interpreted according to the laws of the
State of Texas and shall be binding upon the parties hereto, their heirs, successors,
assigns, and personal representatives; and venue shall lie exclusively in Williamson
County, Texas; and references to Author/Artist and to City shall include their heirs,
successors, assigns, and personal representatives.
IN WITNESS WHEREOF, the parties have duly executed this agreement as of
the date indicated below.
CITY OF ROUND ROCK, TEXAS ATTEST:
By: By:
Printed Name:
Title:
Date:
Christine R. Martinez, City Secretary
APPROVED AS TO FORM:
By:
Stephan L. Sheets, City Attorney
AUSTIN COPY CRAFT PRINTERS
d/b/a CAPITAL PRINTING CO.,
a Texas limited partnership
By:
Print ame: rnc. 6
Title:
Date:
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DATE: November 17, 2005
SUBJECT: City Council Meeting - November 22, 2005
ITEM: *9.E.3. Consider a resolution authorizing the Mayor to execute an
Agreement for Purchase of Printing Services and a Work Made For
Hire Agreement with Austin Copy Craft Printers d/b/a Capital
Printing Co. for 4 -Color Program Booklets.
Department: Parks and Recreation Department
Staff Person: Rick Atkins, Director
Justification:
By getting a four-year bid we were able to lower the cost by approximately $10,000.00 per
year.
Funding:
Cost: $ 16,624.00 per year for four years
Source of funds: General Funds
Outside Resources:
Background Information: N/A
Public Comment: N/A
CITY OF ROUND ROCK
AGREEMENT FOR PURCHASE OF
PRINTING SERVICES FOR 4 -COLOR PROGRAM BOOKLETS FROM
AUSTIN COPY CRAFT PRINTERS d/b/a CAPITAL PRINTING CO.
THE STATE OF TEXAS
CITY OF ROUND ROCK
COUNTY OF WILLIAMSON
KNOW ALL BY THESE PRESENTS:
That this Agreement for purchase of printing services for 4 -Color Program Booklets
(referred to herein as the "Agreement") is made and entered into on this the day of the
month of MbLI6M86., 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 AUSTIN COPY CRAFT PRINTERS d/b/a
CAPITAL PRINTING CO., a Texas limited partnership whose offices are located at Post Office
Box 17548, Austin, Texas 78760-7548 (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 printing services for 4 -Color Program Booklets
from Vendor; and
WHEREAS, City has issued its "Invitation for Bid" for City to provide said goods and
services, and City has selected the Bid submitted by Vendor; and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights, duties, and obligations;
NOW, THEREFORE:
WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
mutually agree as follows:
1.01 DEFINITIONS
A. Agreement means the binding legal contract between City and Vendor whereby
City is obligated to buy specified goods and services and Vendor is obligated to sell specified
goods and services. The instant Agreement includes the following: (a) City's Invitation for Bid
00092890/jkg
,e -05-1)-a -963
designated as IFB 05-034, Specification Number 05-966-60; (b) Vendor's Response to IFB; (c)
the contract award; and (d) any exhibits, addenda, and/or amendments thereto. Any
inconsistencies or conflicts in the contract documents shall be resolved by giving preference in
the following order:
(1) This Agreement;
(2) Purchaser's Response to IFB;
(3) City's Invitation for Bids, exhibits, and attachments.
B. City means the City of Round Rock, Williamson and Travis Counties, Texas.
C. Effective Date means the date upon which the binding signatures of both parties
to this Agreement are affixed.
D. Force Majeure means acts of God, strikes, lockouts, or other industrial
disturbances, acts of the public enemy, orders of any kind from the government of the United
States or the State of Texas or any civil or military authority, insurrections, riots, epidemics,
landslides, lightning, earthquakes, fires, hurricanes, storms, floods, restraint of the government
and the people, civil disturbances, explosions, or other causes not reasonably within the control
of the party claiming such inability.
E. Goods mean the specified services, supplies, materials, or equipment.
F. Vendor means Austin Copy Craft Printers d/b/a Capital Printing Co., or any of its
successors or assigns.
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 three (3) consecutive twelve (12) month
periods from the effective date. Prices shall be firm for the duration of the terms of this
Agreement, except as otherwise provided for herein. At City's option, this Agreement may be
renewed for two (2) additional periods not to exceed twelve (12) months for each renewal, only
upon the express written agreement of both parties and only provided Vendor has performed
each and every contractual obligation specified in this Agreement.
C. City reserves the right to review Vendor's performance at any time during the
initial agreement period or any renewal periods, and may elect to terminate this Agreement with
or without cause or may elect to continue.
2
3.01 CONTRACT DOCUMENTS AND EXHIBITS
City selected Vendor to supply the goods and services as outlined in IFB 05-034,
Specification Number 05-966-60, and Response to IFB submitted by Vendor, all as specified in
Exhibit "A" attached hereto and made a part hereof for all purposes. The intent of these
documents is to formulate an Agreement listing the responsibilities of both parties as outlined in
the IFB and as offered by Vendor in its Response to the IFB.
The goods and services which are the subject matter of this Agreement are described in
Exhibit "A" and, together with this Agreement, comprise the total Agreement and they are as
fully a part of this Agreement as if repeated herein in full.
4.01 ITEMS AWARDED
All bid items on Exhibit "A" are awarded to Vendor.
5.01 COSTS
Bid costs listed on Exhibit "A" shall be the basis of any charges collected by Vendor.
6.01 INVOICES
All invoices shall include, at a minimum, the following information:
A. Name and address of Vendor;
B. Purchase Order Number;
C. Description and quantity of items received; and
D. Delivery dates.
7.01 NON -APPROPRIATION AND FISCAL FUNDING
This Agreement is a commitment of City's current revenues only. It is understood and
agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year
if the governing body of City does not appropriate funds sufficient to purchase the services as
determined by City's budget for the fiscal year in question. City may effect such termination by
giving Vendor a written notice of termination at the end of its then -current fiscal year.
8.01 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to
Vendor will be made within thirty (30) days of the day on which City receives the performance,
3
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.
9.01 GRATUITIES AND BRIBES
City may, by written notice to Vendor, cancel this Agreement without liability 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.
10.01 TAXES
City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be
included in Vendor's charges.
11.01 ORDERS PLACED WITH ALTERNATE VENDORS
If Vendor cannot provide the goods and services as specified, City reserves the right and
option to obtain same from other suppliers or sources.
12.01 INSURANCE
Vendor shall meet all requirements as stated in the attached Invitation for Bid No. 05-034
and its bid response.
4
13.01 CITY'S REPRESENTATIVE
City hereby designates the following representative authorized to act in its behalf with
regard to this Agreement:
Terri Waggoner
301 West Bagdad
Round Rock, Texas 78664
512-341-3361
E-mail: twaggonerAround-rock.tx.us
14.01 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.
15.01 DEFAULT
If Vendor abandons or defaults under this Agreement and is a cause of City purchasing
the specified goods and 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 service and that it
may not be considered in future bids for the same type of work unless the scope of work is
significantly changed.
Vendor shall be declared in default of this Agreement if it does any of the following:
A. Fails to make any payment in full when due;
B. Fails to fully, timely and faithfully perform any of its material obligations
under this Agreement;
C. Fails to provide adequate assurance of performance under the "Right to
Assurance" section herein; or
D. Becomes insolvent or seeks relief under the bankruptcy laws of the United
States.
16.01 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.
5
B. In the event of any default by Vendor, City has the right to terminate this
Agreement for cause, upon ten (10) days' written notice to Vendor.
C. Vendor has the right to terminate this Agreement for cause, that being in the event
of a material and substantial breach by City, by providing the City with one hundred twenty
(120) days' written notice prior to termination of the Agreement; and in the event of such written
notice of termination, Vendor shall continue services for a period of time not to exceed one
hundred twenty (120) days after written notification. Termination under this subsection (C) of
Section 16.01 shall not relieve Vendor of any obligation or liability that has occurred prior to
cancellation.
D. In the event City terminates under subsections (A) or (B) of this Section 16.01,
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.
17.01 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.
18.01 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.
19.01 ASSIGNMENT AND DELEGATION
The parties each bind themselves, their successors, assigns and legal representatives to
each other with respect to the terms of this Agreement. A party shall neither assign, sublet nor
transfer any interest in this Agreement without prior written authorization of the other party.
6
20.01 NOTICES
All notices and other communications in connection with this Agreement shall be in
writing and shall be considered given as follows:
1. When delivered personally to the recipient's address as stated in this Agreement;
or
2. Three (3) days after being deposited in the United States mail, with postage
prepaid to the recipient's address as stated in this Agreement.
Notice to Vendor:
Austin Copy Craft Printing
d/b/a Capital Printing Co.
Attention: Mike Dodson
Post Office Box 17548
Austin, Texas 78760-7548
Notice to City:
David Kautz
Assistant City Manager
221 East Main Street AND TO:
Round Rock, TX 78664
Stephan L. Sheets
City Attorney
309 East Main Street
Round Rock, TX 78664
Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of City and Vendor.
21.01 APPLICABLE LAW; ENFORCEMENT AND VENUE
This Agreement shall be enforceable in Round Rock, Texas, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or conditions
herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be
governed by and construed in accordance with the laws and court decisions of the State of Texas.
22.01 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.
7
23.01 DISPUTE RESOLUTION
If a dispute or claim arises under this Agreement, the parties agree to first try to resolve
the dispute or claim by appropriate internal means, including referral to each party's senior
management. If the parties cannot reach a mutually satisfactory resolution, then and in that event
any such dispute or claim will be sought to be resolved with the help of a mutually selected
mediator. If the parties cannot agree on a mediator, City and 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.
24.01 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion or provision of this Agreement void shall in no
way affect the validity or enforceability of any other portion or provision of this Agreement. Any
void provision shall be deemed severed from this Agreement, and the balance of this Agreement
shall be construed and enforced as if this Agreement did not contain the particular portion or
provision held to be void. The parties further agree to amend this Agreement to replace any
stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision. The provisions of this section shall not prevent this entire Agreement from
being void should a provision, which is of the essence of this Agreement, be determined void.
25.01 MISCELLANEOUS PROVISIONS
Standard of Care. Vendor represents that it employs trained, experienced and
competent persons to perform all of the services, responsibilities and duties specified herein and
that such services, responsibilities and duties shall be performed in a manner according to
generally accepted industry practices.
Time is of the Essence. Vendor understands and agrees that time is of the essence and
that any failure of Vendor to fulfill obligations for each portion of this Agreement within the
agreed timeframes will constitute a material breach of this Agreement. Vendor shall be fully
responsible for its delays or for failures to use best efforts in accordance with the terms of this
Agreement. Where damage is caused to City due to Vendor's failure to perform in these
circumstances, City may pursue any remedy available without waiver of any of City's additional
legal rights or remedies.
Force Majeure. Neither City nor Vendor shall be deemed in violation of this Agreement
if it is prevented from performing any of its obligations hereunder by reasons for which it is not
8
responsible as defined herein. However, notice of such impediment or delay in performance must
be timely given and all reasonable efforts undertaken to mitigate its effects.
Multiple Counterparts. This Agreement may be executed in multiple counterparts, any
one of which shall be considered an original of this document; and all of which, when taken
together, shall constitute one and the same instrument.
IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates
indicated.
CITY OF ROUND ROCK, TEXAS
By:
Tit
Printed Name:
Date Signed:
ATTEST:
AJytL I,
I 1 -AA -os -
Christine R. Martinez, City Secretary
AP
VED AS TO ORM:
Stepha
l
L. Sheets, City Attorney
9
AUSTIN COPY CRAFT PRINTING
d/b/a CAPITAL PRINTING CO.,
a Texas limited partnership
B /17
Y•
Tit e: ) s'bk: *-
Printed Name: ' h.
Date Signed: q t t (d
BIDS ARE DUE TO THE PURCHASING OFFICE
AT THE ABOVE ADDRESS BEFORE BID
OPENING TIME.
INVITATION FOR BID (IFB)
CITY ROUND ROCK PURCHASING OFFICE
221 E. Main Street
Round Rock, Texas 78664-5299
INVOICE TO:
City of Round Rock
Accounts Payable
221 East Main Street
Round Rock, Texas 78664
BID F.O.B. DESTINATION
UNLESS OTHERWISE SPECIFIED BELOW
DESTINATION:
City of Round Rock
Clay Madsen Recreation Center
1600 Gattis School Road
Round Rock, Texas 78664
FACSIMILE 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.
IDDING INFORMATION: PRINTING SERVICES -4 COLOR PROGRAM BOOKLE1
BID NUMBER 05-034
OPENING DATE: 8/30/2005 AT 3:00 PM
BID LOCATION: 221 E. Main Street, 1st Floor
Council Chambers, Round Rock, TX 78664
RETURN SIGNED ORIGINAL AND ONE COPY OF BID
orized Signature
Mike Dodson
BIDDER SHALL SIGN BELOW
Failure to sign bid will disqualify bid
Date
Print Name
SEE 1.7 ON BACK FOR INSTRUCTIONS:
TAX ID NO.: 50-0016839
LEGAL BUSINESS NAME: Capital Printing Co.
ADDRESS: P.O. Box 17548
ADDRESS: Austin, TX 78760-7548
CONTACT: Gayla Neely
TELEPHONE NO.: (5121 442-1415 Fax No: (5121441-1448
BUSINESS ENTITY TYPE: Printing Company
Best Bid Evaluation: 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 criteria: Bid Price; Reputation of Bidder; Extent to which the Goods or Services meet the City's needs; and Bidder's Past
Relationship with the City; as well as any relevant criteria listed in the attached Specification Number 05-966-60, dated August 2005 (9 pages).
Bidder agrees to comply with alt conditions set forth below and on the reverse side of this IFB.
ITEM #
CLASS & ITEM
DESCRIPTION
ESTIMATED
QUANTITY
INDIVIDUAL
PRICE
TOTAL ESTIMATED
PRICE
1
SPRING BOOKLETS
Delivery in November per
schedule established by City
representative
19,000
booklets
.2885
2
SUMMER BOOKLETS
Delivery in March per schedule
established by City representative
20,000
booklets
each
.283
3
4
5
FALL BOOKLETS
EXTRA EDITS CHARGE
RE -RUN CHARGES
Delivery in August per schedule
established by City representative
Cost per hour to maked additional
edits to proofed document
Cost per 1,000 of requested
additional booklets above initial
order
"By the signature hereon affixed, the bidder hereby certi
anyone acting for such entity has violated the antitrust la
Commerce Code, or the Federal antitrust laws, nor com
other person engaged in such line of business."
19,000
booklets
N/A
1,000
booklets
EXHIBIT
ttAtt
each
.2885
each
$ 80.00
$ 5482.00
total
$ 5660.00
per hour
1860.00
each
e entity represented by the bidder, or
on 15.01 et seq., Texas Business and
e bid made to any competitor or any
total
5482.00
Y
REFERENCE SHEET
Please Complete and Return This Form with the Solicitation Response
SOLICITATION NUMBER: IFB 05-03
BIDDER'S NAME: Capital Printing Co DATE: 8/25/05
Provide the name, address, telephone number and point of contact of at least three firms that have utilized
similar service for at least 2 years. References may be checked prior to award. Any negative responses
received may result in disqualification of bid.
I. Company's Name
Name of Contact
Title of Contact
E -Mail Address
Present Address
City, State, Zip Code
Telephone Number
2. Company's Name
Name of Contact
Title of Contact
E -Mail Address
Present Address
City, State, Zip Code
Telephone Number
3. Company's Name
Name =of Contact
Title of Contact
E -Mail Address
Present Address
City, State, Zip Code
Telephone Number
4. Company's Name
Name of Contact
Title of Contact
E -Mail Address
Present Address
City, State, Zip Code
Telephone Number
American Campus Communities
Sharon Bajon
Marketing Director
Bajon@studenthousing.com
805 Las Cimas Pkwy #400
Austin, TX 78746
( 512 ) 732-1000
The Gibson Group
Fax Number ( 512 ) 858-0486
Susan Gibson
President/Owner
s►usangibsoniaaustin. rr.can
14101 Hwy 290 West Building 1600B
Austin TX 7R737
(512 )894-4106
Fax Number ( 512) 858-0486
Texas Land Title Association
Cathy Whatley
Publication Coninun.ication Manager
TLTA@TLTA.com
1717 W 6th Street
Austin, TX 78703
( 512 ) 472-6593 Fax Number (512 ) 472-5931
Texas Dept. of Agriculture
Julie Andrews
State Mkt. Co-ordinator for Media & Advertising
jul i . andrews(aAGR. STAi'E _ TX_ TIS
P.O. Box 12847
Austin TX 78711
( 512 ) 463-7566
Fax Number (888 ) 223-7045
FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY
AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD.
Reference Sheet
Page 3 of 3
Dated: 08/16/2005
BIDS ARE DUE TO THE PURCHASING OFFICE
AT THE ABOVE ADDRESS BEFORE BID
OPENING TIME.
INVITATION FOR BID (IFB)
CITE ROUND ROCK PURCHASING OFFICE
221 E. Main Street
Round Rock, Texas 78664-5299
INVOICE TO:
City of Round Rock
Accounts Payable
221 East Main Street
Round Rock, Texas 78664
BID F.O.B. DESTINATION
UNLESS OTHERWISE SPECIFIED BELOW
DESTINATION:
City of Round Rock
Clay Madsen Recreation Center
1600 Gattis School Road
Round Rock, Texas 78664
FACSIMILE 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.
iDDING INFORMATION: PRINTING SERVICES -4 COLOR PROGRAM BOOKLE1
BID NUMBER 05-034
OPENING DATE: 8/30/2005 AT 3:00 PM
BID LOCATION: 221 E. Main Street, 1st Floor
Council Chambers, Round Rock, TX 78664
RETURN SIGNED ORIGINAL AND ONE COPY OF BID
E
orized Signature
Mike Dodson
BIDDER SHALL SIGN BELOW
Failure to sign bid will disqualify bid
Date
Print Name
SEE 1.7 ON BACK FOR INSTRUCTIONS:
TAX ID NO.: 50-0016839
LEGAL BUSINESS NAME: Capital Printing Co.
ADDRESS: P.O. Box 17548
ADDRESS: Austin, TX 78760-7548
CONTACT: Gayla Neely
TELEPHONE NO.: (5121 442-1415 Fax No: A5121.441-1448
BUSINESS ENTITY TYPE: Printing Company
Best Bid Evaluation: AH 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 criteria: Bid Price; Reputation of Bidder; Extent to which the Goods or Services meet the City's needs; and Bidder's Past
Relationship with the City; as well as any relevant criteria listed in the attached Specification Number 05-966-60, dated August 2005 (9 pages).
Bidder agrees to comply with alt conditions set forth below and on the reverse side of this IFB.
ITEM #
CLASS & ITEM
DESCRIPTION
ESTIMATED
QUANTITY
INDIVIDUAL
PRiCE
TOTAL ESTIMATED
PRICE
1
SPRING BOOKLETS
Delivery in November per
schedule established by City
representative
19,000
booklets
.2885
2
SUMMER BOOKLETS
Delivery in March per schedule
established by City representative
20,000
booklets
each
.283
3
4
FALL BOOKLETS
EXTRA EDITS CHARGE
RE -RUN CHARGES
Delivery in August per schedule
established by City representative
Cost per hour to maked additional
edits to proofed document
Cost per 1,000 of requested
additional booklets above initial
order
19,000
booklets
N/A
1,000
booklets
each
.2885
each
$ 80.00
$ 5482.00
total
$ 5660.00
per hour
1860.00
each
"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."
total
$ 5482.00
total
$ 16,624.00
TOTAL BID
REFERENCE SHEET
Please Complete and Return This Form with the Solicitation Response
4
SOLICITATION NUMBER: IFB 05-033 SALE OF BULK M4LCI I
BIDDER'S NAME: Capital Printing Co
DATE: 8/25/05
Provide the name, address, telephone number and point of contact of at least three firms that have utilized
similar service for at least 2 years. References may be checked prior to award. Any negative responses
received may result in disqualification of bid.
1. Company's Name
Name of Contact
Title of Contact
E -Mail Address
Present Address
City, State, Zip Code
Telephone Number
2. Company's Name
Name of Contact
Title of Contact
E -Mail Address
Present Address
City, State, Zip Code
Telephone Number
3. Company's Name
Name of Contact
Title of Contact
E -Mail Address
Present Address
City, State, Zip Code
Telephone Number
4. Company's Name
Name of Contact
Title of Contact
E -Mail Address
Present Address
City, State, Zip Code
Telephone Number
American Campus Communities
Sharon Bajon
Marketing Director
Bajon@studenthousing.com
805 Las Cimas Pkwy #400
Austin, TX 78746
(512 ) 732-1000
The Gibson Group
Fax Number ( .5.12 ) 858-0486
Susan Gibson
President/Owner
sl i sangibson(aaustin.. rr. caa
14101 Hwy 290 West Building 1600B
Austin, TX 78717
( 512 ) 894-4106 Fax Number ( 512) 858-0486
Texas Land Title Association
Cathy Whatley
Publication Communication Manager
TLTA@TLTA.com
1717 W 6th Street
Austin, TX 78703
( 512 ) 472-6593 Fax Number (512 ) 472-5931
Texas Dept. of Agriculture
Julie Andrews
State Mkt. Co-ordinator for Media & Advertising
jul i eandrews(aAGR. STATE. TX_ IJS
P.O. Box 12847
Austin, TX 78711
( 512 ) 463-7566
Fax Number (888 ) 223-7045
FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY
AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD.
Reference Sheet
Page 3 of 3 Dated: 08/16/2005
SPECIFICATION NO.
05-966-60
DATE: August 2005
CITY OF ROUND ROCK
PRINTING SERVICES: 4 -COLOR PROGRAM BOOKLETS
1. PURPOSE: The City seeks to contract with a qualified bidder to provide all goods and labor for
printing services of 4 -Color Program Booklets for the City of Round Rock, Parks and Recreation
Department as identified on the Invitation For Bid (iFB).
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 and Travis Counties, Texas.
2.3. Contract —A mutually binding legal document obligating the Contractor to furnish the
goods, equipment or services, and obligating the City to pay for it.
2.4. Contractor — A person or business enterprise providing goods, equipment, labor and/or
services to the City as fulfillment of obligations arising from a contract 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 contract. 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. 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.
3. CLARIFICATION: For clarification of specifications, bidders may contact:
Randy Barker
Purchasing Supervisor
City of Round Rock
Telephone: 512-218-3295
Email: rbarker@a round-rock.tx.us
The individual listed above may be contacted by telephone or visited for clarification of the
specifications only. No authority is intended or implied that specifications may be amended or
alterations accepted prior to bid opening without written approval of the City of Round Rock through
the Purchasing Division.
PART I
GENERAL CLAUSES AND CONDITIONS
1. The Contractor shall provide all labor and goods necessary to perform the project. The
Contractor shall employee all personnel for work in accordance with the requirements set forth by
the United States Department of Labor.
2. The Contractor shall be responsible for damage to the City's equipment and/or property, the
workplace and its contents by its work, negligence in work, its personnel and equipment. The
Contractor shall be responsible and liable for the safety; injury and health of its working personnel
while its employees are performing service work.
Page 1 of 9
SPECIFICATION NO.
05-966-60
DATE: August 2005
3. The City is committed to maintaining an alcohol and drug free workplace. Possession, use, or
being under the influence of alcohol or controlled substances by Contractor, Contractor's
employees, subcontractor (s') or subcontractor (s') employees while in the performance of the
service is prohibited. Violation of this requirement shall constitute grounds for termination of the
service.
5. AGREEMENT: 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.
5.1 The term of this Agreement shall be for three (3) consecutive twelve (12) month periods
of time from the effective date. Prices shall be firm for the duration of the Agreement,
except as provided for herein. This Agreement may be renewed for two (2) additional
periods of time not to exceed twelve (12) months for each renewal provided the parties
agree.
5.2 The City reserves the right to review the Vendor's performance at the end of each twelve
(12) month period of time, and to cancel the contract (without penalty) or continue the
contract through the next period.
EX PARTE COMMUNICATION
Please note that to insure the proper and fair evaluation of a bid, the City of Round Rock prohibits
ex parte communication (e.g., unsolicited) initiated by the Bidder to the City Official or Employee
evaluating or considering the bids prior to the time a bid decision has been made. Communication
between Bidder and the City will be initiated by the appropriate City Official or Employee in order
to obtain information or clarification needed to develop a proper and accurate evaluation of the
bid. Ex parte communication may be grounds for disqualifying the offending Bidder from
consideration or award of the bid then in evaluation, or any future bid.
5.3 The 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.
6. BEST 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.
6.1. Bid price
6.2. Reputation of the bidder and of bidder's goods and services.
6.3. The quality of the bidder's goods or services. Samples to be provided by vendor.
6.4. The extent to which the goods or services meet the City's needs
6.5. 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.
7. 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 services or quantities, as determined by the City's budget for the
fiscal year in question. The City may effect such termination by giving Contractor a written notice
of termination at the end of its then current fiscal year.
8. CANCELLATION: The City reserves the right to cancel the Agreement without penalty by
providing 30 days prior notice to the other party. Contractor 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 Contractor 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.
Page 2 of 9
SPECIFICATION NO.
05-966-60
DATE: August 2005
9. 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 Contractor shall furnish the City with satisfactory proof of its compliance.
10. 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).
11. ABANDONMENT OR DEFAULT: A Contractor who abandons or defaults the work on the
contract 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.
12. INDEMNITY: Contractor shall indemnify, save harmless and defend the City, its officers, agents,
servants, and employees from and against any and all suits, actions, legal proceedings, claims,
demands, damages, costs, expenses, attorney's fees and any and all other costs or fees incident
to the performance of the resulting agreement and arising out of a willful or negligent act or
omission of the Contractor, its officers, agents, servants and employees.
13. INSURANCE: The Contractor shall procure and maintain at its sole cost and expense for the
duration of the contract or purchase order resulting from a response to this bid/Specification
insurance against claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the work as a result of this bid by the successful bidder, its
agents, representatives, volunteers, employees or subcontractors.
14. Certificates of Insurance and endorsements shall be furnished to the City and approved by the City
before work commences.
14.1. The following standard insurance policies shall be required:
14.1.1. General Liability Policy
14.1.2. Automobile Liability Policy
14.1.3. Worker's Compensation Policy
14.2. The following general requirements are applicable to all policies:
14.2.1. Only insurance companies licensed and admitted to do business in the State of
Texas shall be accepted.
14.2.2. Deductibles shall be listed on the Certificate of Insurance and are acceptable only
on a per occurrence basis for property damage only.
14.2.3. Claims made policies shall not be accepted, except for Professional Liability
Insurance.
14.2.4. Upon request, certified copies of all insurance policies shall be furnished to the City
14.2.5. Policies shall include, but not limited to, the following minimum limits:
14.2.6. Minimum Bodily injury Limits of $300,000.00 per occurrence.
14.2.7. Property Damage Insurance with minimum limits of $50,000.00 for each
occurrence.
Page 3 of 9
SPECIFICATION NO.
05-966-60
DATE: August 2005
14.2.8. 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.
14.2.9. Statutory Worker's Compensation Insurance and minimum $100,000.00 Employers
Liability Insurance.
14.2.10.Coverage shall be maintained for two years minimum after the termination of the
Contract.
14.3. The City shall be entitled, upon request, and without expense to receive copies of
insurance policies and all endorsements thereto and may make reasonable request for
deletion, revision, or modification of particular policy terms, conditions, limitations, or
exclusions (except where policy provisions are established by law or regulation binding
either of the parties hereto or the underwriter of any of such policies). Upon such request
by the City, the Contractor shall exercise reasonable efforts to accomplish such changes
in policy coverage and shall pay the cost thereof. Alt insurance and bonds shall meet the
requirements of the bid specification and the insurance endorsements stated below.
14.4. Contractor agrees that with respect to the required insurance, all insurance contracts and
certificate(s) of insurance will contain and state, in writing, on the certificate or its
attachment, the following provisions:
14.4.1. Provide for an additional insurance endorsement clause declaring the
Contractor's insurance as primary.
14.4.2. Name the City and its officers, employees, and elected officials as additional
insured' s, (as the interest of each insured may appear) as to all applicable
coverage.
14.4.3. Provide thirty days notice to the City of cancellation, non -renewal, or material
changes
14.4.4. Remove all language on the certificate of insurance indicating:
14.4.4.1, That the insurance company or agent/broker shall endeavor to
notify the City; and,
14.4.4.2. Failure to do so shall impose no obligation of liability of any kind
upon the company, its agents, or representatives.
14.4.5. Contractor agrees to waive subrogation against the City, its officers, employees
and elected officials for injuries, including death, property damage, or any
other loss to the extent same may be covered by the proceeds of insurance
14.4.6. 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.
14.4.7. 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
14.4.8. Contractor shall notify the City in the event of any change in coverage and shall
give such notices not less than thirty days prior notice to the change, which
notice shall be accomplished by a replacement Certificate of Insurance.
14.4.9. 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
Page 4 of 9
City Attorney
City of Round Rock
309 East Main Street
Round Rock, TX 78664
•
•
SPECIFICATION NO.
05-966-60
DATE: August 2005
14.5. Approval, disapproval, or failure to act by the City regarding any insurance supplied by the
Contractor shall not relieve the Contractor of full responsibility or liability for damages and
accidents as set forth in these requirements. Neither shall bankruptcy, insolvency, or
denial of liability by the insurance company relieve the Contractor from liability.
14.6. If the Contractor employs, contracts with or otherwise permits any other individual or entity
to perform any of the obligations of the Contractor, then any and all of these individual or
entities shall be bound by the same insurance requirements as the successful bidder.
15. 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.
15.1. 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 insurancecoverage for the person's or entity's employees providing
services on a project, for the duration of the project.
15.2. Duration of the proiect - 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.
15.3. Persons providing services on the proiect ("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.
15.4. 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.
15.5. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being
awarded the contract.
15.6. 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.
15.7. The CONTRACTOR shall obtain from each personproviding services on a project, and
provide to the OWNER:
15.7.1. 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
15.7.2. no later than seven calendar days after receipt by the CONTRACTOR, a new
certificate of coverageshowing extension of coverage, if the coverage period shown
on the current certificate of coverage ends during the duration of the project.
15.8. The CONTRACTOR shall retain all required certificates of coverage for the duration of the
project and for one year thereafter.
Page 5 of 9
SPECIFICATION NO.
05-966-60
DATE: August 2005
15.9. 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.
15.10. 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.
15.11. The CONTRACTOR shall contractually require each person with whom it contracts to
provide services on a project, to:
15.11.1. 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;
15.11.2. 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;
15.11.3. 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;
15.11.4. Obtain from each other person with whom it contracts, and provide to the
CONTRACTOR:
15.11.5. A certificate of coverage, prior to the other person beginning work on the project;
and
15.11.6.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
15.11.7. Retain all required certificates of coverage on file for the duration of the project and
for one year thereafter;
15.11.8. 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
15.11.9. 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.
15.12. 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.
15.13. 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.
Page 6 of 9
SPECIFICATION NO.
05-966-60
DATE: August 2005
16. LiIENS: Contractor 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 Contractor or subcontractors shall provide a proper
release of all liens or satisfactory evidence of freedom from liens shall be delivered to the City.
17. VENUE: Both the City and the Contractor agree that venue for any litigation arising from a
resulting agreement shall lie in Williamson County.
18. 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.
19. CONTRACTOR RESPONSIBILITY
19.1. Contractor shall maintain sufficient communication with City of Round Rock to insure 30
days lead time on all factors resulting in adjustment or alteration of production deadlines.
19.2. Contractor shall maintain 10 working, days (exclusive of holidays) lead time in allowing
the City of Round Rock to receive and review all pre -production proofs and drafts.
Completion of final product to be delivered within 10 working days.
19.3. All products, files, proofs and artwork evolving from development and implementation of
this contract shall become the property of the City of Round Rock.
PART II
SPECIFICATIONS
1. SCOPE: This specification describes Printing Services for 4 -Color Program Booklets for the City
of Round Rock's Parks and Recreation Department.
2. STATEMENT OF INTENT: These specifications cover only the general requirements as to the
Printing of Program Booklets. Bidders shall be responsible for furnishing all the necessary goods
and services, that meets or exceeds all of the requirements as set forth herein, as well as provide
a quality end product.
3. 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 lowest
responsible bidder from information submitted with the bid. All bidders shall furnish the following
information at a minimum:
3.1. References: Provide the name, address, telephone number and point of contract of at
least three firms that have utilized your services for at least 1 year. References may be
checked prior to award. Any negative responses received may result in disqualification of
bid.
3.2. Subcontractors: Identify any subcontractors to be used for this project. Experience,
qualifications and references of the subcontractors shall be submitted. The City reserves
the right to approve or disapprove all subcontractors prior to any work being performed.
4. BID SUBMITTAL: Bids shall be constructed to include all costs related to the design, production
and printing of specified 4 -Color Program Booklets within the time frame designated.
5. BOOKLET:
5.1. Cover to be 80# glossy text.
5.2. Size: 11 x 17 printed 4/2 (four color process)
5.3. Inside signature 60# white opaque, printed 2/2 (black ink + 1 PMS ink)
5.4. Booklet to be saddle stitched
Page 7 of 9
SPECIFICATION NO.
05-966-60
DATE: August 2005
6. QUANTITIES: The quantities shown in this specification and on IFB 04-005 are estimates only.
No guarantee of any minimum or maximum purchase is made or implied. The City will only order
the services needed to satisfy requirements, which may be more or less than indicated. Vendor
shall not charge City for over runs.
6.1. Spring booklet —19,000
6.2. Summer booklet — 20,000
6.3. Fall booklet —19,000
7. GENERAL:
7.1. Total number of pages in booklet — 36 pages although a 24, 28, or 32 page option may be
used
7.2. The City of Round Rock, Parks and Recreation Department will provide a Quark Xpress
5.0 file and all of the necessary clip art and images included in the document. The
document will need to be put into printer spread prior to printing.
8. DEADLINES: Booklets shall be completed by the date noted below or alternate date upon
agreement with PARD representative of the City. The City of Round Rock in accordance with
contract guidelines will determine deadlines for future publications.
8.1. The Spring 2006 program booklet shall be delivered to vendor by City on or before
November 15, 2005 with vendor completion and delivery to the Clay Madsen Recreation
Center on or before December 5, 2005.
8.2. The Summer 2006 program booklet shall be delivered to vendor by City on or before
March 2, 2006 with vendor completion and delivery to the Clay Madsen Recreation Center
on or before March 13, 2006.
8.3. The Fall 2006 program booklet shall be delivered to vendor by City on or before July 31,
2006 with vendor completion and delivery to the Clay Madsen Recreation Center on or
before August 14, 2006.
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/bis.gov/ppi/.
Any price increase shall be requested by the contractor in writing and accompanied with the
appropriate documentation to justify the increase. Increase may only be made at the beginning of
each contract year with 60 day written notice. The vendor may offer price decreases in excess of
the allowable percentage change.
10. CONTRACT ADMINISTRATOR: All work performed under this contract will be supervised and
verified by the PARD designee noted below.
Terri Waggoner
301 West Bagdad
Round Rock, TX 78664
(512) 341-3361
Email: twaggoner[o7round-rock.tx.us
PART IIi
DELIVERY, SERVICE, ACCEPTANCE AND PAYMENT
1. DELIVERY: Delivery of the goods and services shall be completed within the specified deadlines.
Booklets shall be delivered to the Clay Madsen Recreation Center, 1600 Gattis School Road,
Round Rock, TX, 78664
2. ACCEPTANCE: Acceptance inspection should not take more than five working days. The vendor
will be notified within this time frame if the goods delivered are not in full compliance with the
specifications. If any purchase order is canceled for non-acceptance, the needed goods/services
Page 8 of 9
SPECIFICATION NO.
05-966-60
DATE: August 2005
may be purchased elsewhere and the vendor may be charged full increase, if any, in cost and
handling.
3. INVOICING: Contractor 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
4. PROMPT PAYMENT POLICY: Payments will be made within thirtyafter the city days y 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 Contractor 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 Contractor 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
4.3. There is a bona fide dispute between the Contractor 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: Contractor 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 seq.
Page 9 of 9
WORK MADE FOR HIRE AGREEMENT WITH AUSTIN COPY CRAFT
PRINTERS d/b/a CAPITAL PRINTING CO.
This Agreement is made on the day of the month of isiov6m6ei2, ,
2005, by and between AUSTIN COPY CRAFT PRINTERS d/b/a CAPITAL
PRINTING CO., a Texas limited partnership, and any of its authors and/or artists
(hereinafter referred to as "Author/Artist," and if there is more than one author/artist
affiliated with the entity, then the entity and all of them collectively) and the CITY OF
ROUND ROCK, TEXAS (hereinafter referred to as the "City").
This Agreement is made simultaneous to an agreement entitled "City of Round
Rock Agreement for Purchase of Printing Services for 4 -Color Program Booklets from
Austin Copy Craft Printers d/b/a Capital Printing Co.," and encompasses the subject
matter contracted for thereunder.
AUTHOR/ARTIST AND CITY HEREBY AGREE THAT:
1. Title and Copyright Assignment
(a) Author/Artist and City intend this to be a contract for services and each considers
the products and results of the services to be rendered by Author/Artist hereunder (the
"Work") to be a work made for hire. Author/Artist acknowledges and agrees that the
Work (and all rights therein, including, without limitation, copyright) belongs to and shall
be the sole and exclusive property of City.
(b) If for any reason the Work would not be considered a work made for hire under
applicable law, Author/Artist does hereby sell, assign, and transfer to City, its successors
and assigns, the entire right, title and interest in and to the copyright in the Work and any
registrations and copyright applications relating thereto and any renewals and extensions
thereof, and in and to all works based upon, derived from, or incorporating the Work, and
in and to all income, royalties, damages, claims and payments now or hereafter due or
payable with respect thereto, and in and to all causes of action, either in law or in equity
for past, present, or future infringement based on the copyrights, and in and to all rights
corresponding to the foregoing throughout the world.
(c) If the Work is one to which the provisions of 17 U.S.C.106A apply, Author/Artist
hereby waives and appoints City to assert on Author/Artist's behalf the Author/Artist's
moral rights or any equivalent rights regarding the form or extent of any alteration to the
Work (including, without limitation, removal or destruction) or the making of any
derivative works based on the Work, including, without limitation, drawings or other
visual reproductions or the Work, in any medium, excepting photographs, for City's
purposes.
(d) Author/Artist agrees to execute all papers and to perform such other proper acts as
City may deem necessary to secure for City or its designee the rights herein assigned.
00092898/jkg
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2. Delivery of the Work
(a) Author/Artist will deliver to City on or before any contractually -obligated date the
completed Work (with all illustrations, charts, graphs, graphics, and other material,
including supplements, handouts, reference lists, indexes, etc., in the medium mutually
agreed upon for the Work) in form and content satisfactory to City.
(b) If Author/Artist fails to deliver the Work on time, City will have the right to
terminate this agreement and the referenced simultaneous agreement and to recover from
Author/Artist any sums advanced in connection with the Work. Upon such termination,
Author/Artist may not have the Work published or used in any form elsewhere until such
advances have been repaid.
3. Quoted Material
With the exception of short excerpts from others' works, which constitute fair use,
the Work will contain no material from other copyrighted works without a written
consent of the copyright holder. Author/Artist will obtain such consents at his/her/its own
expense after consultation with City and will file them with City at the time the Work is
delivered. Any obligations associated with permissions will be the responsibility of
Author/Artist.
4. Author/Artist's Warranty
Author/Artist warrants that he/she/it is the sole owner of the Work and has full
power and authority to make this agreement; that the Work does not infringe any
copyright, violate any property rights, or contain any scandalous, libelous, or unlawful
matter. Author/Artist will defend, indemnify, and hold harmless City and/or its licensees
against all claims, suits, costs, damages, and expenses that City and/or its licensees may
sustain by reason of any scandalous, libelous, or unlawful matter contained or alleged to
be contained in the Work or any infringement or violation by the Work of any copyright
or property right; and until such claim or suit has been settled or withdrawn, City may
withhold any sums due Author/Artist under the referenced simultaneous agreement.
5. Consideration
In consideration for delivery of the Work in accordance with the provisions of the
referenced simultaneous agreement, City shall pay Author/Artist as indicated therein.
6. Revisions
Author/Artist shall, at the request of City, revise the Work at one year intervals
during the term of the referenced simultaneous agreement.
7. Term and Termination
(a) This agreement shall remain in effect for the same length of time as the referenced
simultaneous agreement unless terminated earlier in accordance with this Section 7.
(b) In the event that either party shall be in default of its material obligations under
this agreement or the referenced simultaneous agreement and shall fail to remedy such
default within thirty (30) days after receipt of written notice thereof, the agreements shall
terminate upon expiration of the thirty (30) day period.
(c) Upon the expiration of the term of this agreement and the referenced simultaneous
agreement, the parties may agree to renew those agreements for additional terms, only as
allowed by the terms of the referenced simultaneous agreement, upon the same terms and
conditions as set forth.
8. Options/Contracts with Third Parties
Nothing contained in Section 7 shall affect any license or other grant of rights,
options, or agreements made with third parties prior to the termination date or the rights
of City in the income resulting from such agreements.
9. Amendments
The written provisions contained in this agreement, taken together inextricably
with the referenced simultaneous agreement, constitute the sole and entire agreement
made between Author/Artist and City concerning this Work, and any amendments to
same shall not be valid unless made in writing and signed by both parties.
10. Construction, Binding Effect, Venue, and Assignment
This agreement shall be construed and interpreted according to the laws of the
State of Texas and shall be binding upon the parties hereto, their heirs, successors,
assigns, and personal representatives; and venue shall lie exclusively in Williamson
County, Texas; and references to Author/Artist and to City shall include their heirs,
successors, assigns, and personal representatives.
IN WITNESS WHEREOF, the parties have duly executed this agreement as of
the date indicated below.
CITY OF ROUND ROC
By:
Print
Title: %Yl A}yo R
Date:
//-aQ-05
ATTEST:
By:
Christine R. Martinez, City Secretary
By:
Stepha L. Sheets, City Attorney
AUSTIN COPY CRAFT PRINTERS
d/b/a CAPITAL PRINTING CO.,
a Texas limited partnership
By:
Printed
Title:
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Date: t Lk=