R-05-12-15-9D1 - 12/15/2005RESOLUTION NO. R -05-12-15-9D 1
WHEREAS, the City of Round Rock ("City") desires to sell excess
bulk mulch, and
WHEREAS, the City has issued its invitation to bid and has
selected the offer to buy submitted by WKP Enterprises dba Austin
Landscape Supplies, and
WHEREAS, the City Council desires to enter into an Agreement for
Sale of Bulk Mulch with WKP Enterprises dba Austin Landscape Supplies,
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 Sale of Bulk Mulch with WKP
Enterprises dba Austin Landscape Supplies, a copy of same being
attached hereto as Exhibit "A" and incorporated herein for all
purposes.
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.
ATTE
RESOLVED this 15th day of December,
NYi'' WE L,
t� of Round
R.
CHRISTINE R. MARTINEZ, City Secr:j ary
@PFDesktop\::ODMA/WORLDOX/O:/WDOX/RESOLUTI/R51215D1.WPD/sc
ayor
Rock, Texas
CITY OF ROUND ROCK
AGREEMENT FOR SALE OF BULK MULCH
WITH WKP ENTERPRISES dha AUSTIN LANDSCAPE SUPPLIES
THE STATE OF TEXAS §
CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That this Agreement for Sale of Bulk Mulch (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
WKP ENTERPRISES dba AUSTIN LANDSCAPE SUPPLIES, a Texas corporation whose
offices are located at 5317 IH 35 South, Georgetown, Texas 78626 (referred to herein as the
"Purchaser"). 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 sell excess bulk mulch; and
WHEREAS, City has issued its "Invitation for Bid" for City to sell excess bulk mulch,
and City has selected the offer to buy submitted by Purchaser; and
WHEREAS, City agrees to sell and Purchaser agrees to buy City's excess bulk mulch on
a contractual basis; 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, the parties
mutually agree as follows:
1.01 DEFINITIONS
A. Agreement means the binding legal contract between City and Purchaser
whereby City is obligated to sell specified goods and Purchaser is obligated to buy specified
goods. The Agreement includes the following: (a) City's Invitation for Bid designated as IFB
05-033, Specification Number 05-988-59; (b) Purchaser's Response to IFB, dated August 29,
00092938/jkg
EXHIBIT
IAn
2005; (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:
This Agreement;
Purchaser's Response to IFB, dated August 29, 2005;
City's Invitation for Bids, exhibits, and attachments.
B. City means the City of Round Rock, located in 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 means the specified supplies, materials, or equipment.
F. Purchaser means WKP Enterprises dba Austin Landscape Supplies, 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 is for three (3) consecutive twelve (12) month periods
from the effective date hereof. Thereafter, 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 Purchaser has performed each and every
contractual obligation specified in this Agreement.
C. City reserves the right to review the relationship at any time, and may elect to
terminate this Agreement with or without cause or may elect to continue.
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3.01 CITY'S OBLIGATION TO SELL
A. City reserves the right to 5,000 cubic yards of bulk mulch each twelve-month
period to sell or give away to other parties, or otherwise dispose of as it deems appropriate.
B. After such reservation, City agrees to sell Purchaser a minimum of 15,000 cubic
yards of bulk mulch per each twelve-month period, or all that is available, whichever amount is
greater.
C. The sole take -point for such bulk mulch shall be from City's Recycle Center
located at 301 Deepwood Drive, Round Rock, Texas. This Agreement shall cover only such
specified facility and no other.
4.01 PURCHASER'S OBLIGATION TO BUY
A. As a continuing obligation, Purchaser agrees to buy from City a minimum of
15,000 cubic yards of bulk mulch per each twelve-month period, or all that is available,
whichever amount is greater.
B. In the event Purchaser does not purchase the agreed quantities of bulk mulch, then
City may sell such bulk mulch elsewhere, and Purchaser may be charged the difference, if any.
5.01 PURCHASER'S CONTRACTUAL RESPONSIBILITIES
A. Purchaser agrees to perform all of its contractual responsibilities and obligations
in accordance with standards of the industry. Purchaser shall use best efforts to supervise and
direct its agents or employees competently, efficiently, and safely.
B. Purchaser agrees to furnish and assume full responsibility for all services,
facilities, equipment, materials and incidentals necessary for the proper purchase and removal of
the goods the subject of this Agreement.
C. Purchaser agrees to obtain all permits and licenses, if any, and pay all fees
necessary for the proper purchase and removal of the goods the subject of this Agreement.
D. Purchase hereby affirms and confirms that it has the capability of purchasing and
properly hauling the goods and quantities of goods specified herein.
E. Beginning with the Effective Date of this Agreement, Purchaser shall purchase
and remove from the site a minimum of 15,000 cubic yards of bulk mulch per each twelve-
month period, or all that is available, whichever amount is greater.
F. Purchaser shall provide containers in proper numbers, sizes v cavi-
yard capacity); and types for the hauling of the required quantities of bulk mulch, and all such
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containers must be pre -approved by City as to minimum and maximum size/configuration so as
to facilitate City's loading of the containers with available equipment, and so as to promote
safety. Purchaser shall coordinate with City's designated representative on placement of
containers and on all site restrictions. Purchaser anticipates hauling in the following manner:
container(s) to be hauled in each day.
G. Purchaser agrees to haul mulch at least four (4) days each week, excluding
Sundays, and shall haul only during City's regular business hours. Purchaser shall utilize its own
equipment and personnel, and both parties agree that no City equipment or forces shall be used
except in the loading of the bulk mulch on-site.
6.01 CITY'S CONTRACTUAL RESPONSIBILITIES
A. City hereby designates the following representative authorized to act in its behalf
with regard to this Agreement:
Emsud Horozovic
301 West Bagdad, Suite 250
Round Rock, Texas 78664
512-341-3350
B. Within five (5) days of the Effective Date of this Agreement, City's designated
representative shall provide Purchaser with a site visit which includes a facilities walk-through
and an initial orientation to acquaint Purchaser with operating policies and procedures. City's
designated representative shall coordinate with Purchaser on recommendations for operations,
locations for placement of Purchaser's containers, a start date, and other matters. It is expressly
agreed by and between the parties that it shall be the sole responsibility of Purchaser to
familiarize Purchaser's own personnel with all site restrictions and information.
C. City shall load Purchaser's approved containers with bulk mulch, using available
equipment and personnel. City shall use reasonable efforts to load Purchaser's containers
expeditiously, but it is understood and agreed by and between the parties that timing of loading is
within City's control.
D. City shall provide Purchaser's drivers with correct, signed receipts at the time of
each and every site pickup.
7.01 RATES AND PAYMENT
A. During the entire term of this Agreement and any renewals hereof, Purchaser
agrees to pay City for all bulk mulch taken at the following fixed and firm rate: $4.05 per cubic
yard.
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B. City shall render a monthly bill to Purchaser for bulk mulch taken. Quantities
shall be determined by the official signed receipt obtained from City personnel at the time of
each and every site pickup. Payment in full by Purchaser shall be tendered to City not later than
the tenth (10th) day of each month. Monthly bills shall include, at a minimum, the following
information:
(a) Purchaser's name and address;
(b) Description of goods purchased, and quantity of goods purchased;
(c) Dates of pickup; and
(d) City's address where payment must be remitted.
8.01 TAKE OR PAY
A. Purchaser is obligated to take 15,000 cubic yards of bulk mulch or all that City
has, per twelve-month period, whichever is the greater amount. Purchaser shall be obligated to
pay City based upon such contractual amount, whether hauled or not.
B. Purchaser agrees that City may pursue any remedy available to it at law or in
equity, including but not limited to specific performance of this Agreement and/or any action to
recover an amount of damages equal to such contractual amount.
9.01 CITY'S OPTION TO SELL TO OTHERS
A. Should Purchaser fail in its obligations to take the contractual amounts of bulk
mulch, then and in that event City reserves its option to sell to other sources.
B. Purchaser expressly agrees that, should City exercise its option to sell to other
sources and such sale is at a lower rate, then and in that event City may charge Purchaser the
difference in price. Such action on the part of City shall not be considered an exclusive remedy,
and shall not waive any other remedies available to City at law or in equity.
10.01 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.
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11.01 DEFAULT
Purchaser 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 United States bankruptcy laws.
12.01 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 Purchaser.
B. In the event of any default by Purchaser, City has the right to terminate this
Agreement for cause, upon ten (10) days' written notice to Purchaser.
C. Purchaser has the right to terminate this Agreement only as follows: (i) for cause,
that being in the event of a material and substantial breach by City; (ii) by mutual agreement to
terminate evidenced in writing by and between the parties; or (iii) by giving City one hundred
twenty (120) days' written notice, and agreeing to continue services as specified herein for a
period of time not to exceed such 120 days after written notification to City.
D. Should Purchaser fail to make any payment in full when due, then, in addition to
any other rights and remedies available to City, City may immediately and without notice
suspend any further sales to Purchaser until the amount due has been paid in full.
13.01 CITY'S LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTY
Goods are sold by City on an "as is" and "where is" basis. City disclaims all warranties,
express or implied, as to the condition, quality, or fitness of the goods, including but not limited
to warranties of merchantability or fitness for a particular purpose. City shall not be liable for
any claims or causes of action related to or concerning the goods.
14.01 INDEMNIFICATION
Purchaser 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
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other costs or fees arising out of, or incident to, concerning or resulting from the fault of
Purchaser, or Purchaser's agents, employees or subcontractors, in the performance of Purchaser'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 Purchaser (including, but not limited to the
right to seek contribution) against any third party who may be liable for an indemnified claim.
15.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES
Purchaser, 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.
16.01 ASSIGNMENT AND DELEGATION
The parties each hereby bind themselves, their successors, assigns and legal
representatives to each other with respect to the terms of this Agreement. Neither party shall
assign, sublet or transfer any interest in this Agreement without prior written authorization of the
other party.
17.01 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 Purchaser:
Kenneth Patrick Whittlesey
WKP Enterprises dba Austin Landscape Supplies
5317 IH 35 South
Georgetown, TX 78626
Notice to City:
James Nuse, City Manager
221 East Main Street
Round Rock, TX 78664
Stephan L. Sheets, City Attorney
AND TO: 309 East Main Street
Round Rock, TX 78664
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Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of City and Purchaser.
18.01 APPLICABLE LAW; ENFORCEMENT AND VENUE
This Agreement shall be enforceable in Round Rock, Williamson County, 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.
19.01 EXCLUSIVE AGREEMENT
This document, and all appended documents, constitutes the entire Agreement between
Purchaser and City. This Agreement may only be amended or supplemented by mutual
agreement of the parties hereto in writing.
20.01 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 Purchaser 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 Purchaser 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.
21.01 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion or provision of this Agreement void shall in no
way affect the validity or enforceability of any other portion or provision of this Agreement. Any
void provision shall be deemed severed from this Agreement, and the balance of this Agreement
shall be construed and enforced as if this Agreement did not contain the particular portion or
provision held to be void. The parties further agree to amend this Agreement to replace any
stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision. The provisions of this section shall not prevent this entire Agreement from
being void should a provision which is of the essence of this Agreement be determined void.
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22.01 MISCELLANEOUS PROVISIONS
Standard of Care. Purchaser 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. Purchaser understands and agrees that time is of the essence and
that any failure of Purchaser to fulfill obligations for each portion of this Agreement within the
agreed timeframes will constitute a material breach of this Agreement. Purchaser 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 Purchaser'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 Purchaser shall be deemed in violation of this
Agreement if it is prevented from performing any of its obligations hereunder by reasons for
which it is not responsible as defined herein. However, notice of such impediment or delay in
performance must be timely given, and all reasonable efforts undertaken to mitigate its effects.
IN WITNESS WHEREOF, the parties have duly executed this Agreement
CITY OF ROUND ROCK, TEXAS ATTEST:
By:
Nyle Maxwell, Mayor Christine R. Martinez, City Secretary
Date Signed:
APPROVED AS TO FORM FOR CITY:
Stephan L. Sheets, City Attorney
WKP ENTERPRISES dba AUSTIN LA 1 SCAPE SUPPLIES
By:
Kenneth Patrick Whittl sey, resident
Date Signed: / / OS
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INVITATION FOR BID (IFB)
CITY OF ROUND ROCK PURCHASING OFFICE
221 E. Main Street
Round Rock, Texas 78664-5299
BIDS ARE DUE TO THE PURCHASING OFFICE
AT THE ABOVE ADDRESS BEFORE BID
OPENING TIME.
INVOICE TO:
City of Round Rock
Accounts Payable
221 East Main Street
Round Rock, Texas 78664
BID F.O.B. DESTINATION
UNLESS OTHERWISE SPECIFIED BELOW
DESTINATION:
City of Round Rock
Recycle Center
301 Deepwoods Drive
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.
BIDDING INFORMATION: SALE OF BULK MULCH
BID NUMBER 05-033
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
Authorized Signature
Date
Print Name
SEE 1.7 ON BACK FOR INSTRUCTIONS:
TAX ID NO.:
LEGAL BUSINESS NAME:
ADDRESS:
ADDRESS:
CONTACT:
TELEPHONE NO.:
BUSINESS ENTITY TYPE:
Best Bid Evaluation: Alt bids received shall be evaluated based on the Best Value for the City, which will be determined by considering alt 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 05-988-59, dated August 2005 (9 pages).
Bidder agrees to comply with all conditions set forth below and on the reverse side of this IFB.
ITEM #
CLASS & ITEM
ESTIMATED QUANTITY
PRICE PER
CUBIC YARD
TOTAL ESTIMATED
PRICE
1
BULK MULCH
Minimum quantity: 15,000 CY per year
"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."
D
B
EXHIBIT
It A II
1
ITEMS BELOW APPLY TO AND BECOME A PART OF TERMS AND CONDITIONS OF BID
ANY EXCEPTIONS THERETO MUST BE IN WRITING
1. BIDDING REQUIREMENTS:
1.1 Bidding requires pricing per unit shown and extensons. If trade discount is shown on bid, it should be deducted and net line extensions shown. Bidders guarantees
product offered will meet or exceed specifications identified in this Invitation For Bid (IFB).
1.2 Bids should be submitted on this form. Each bid shall be placed in a separate envelope completely and properly identified. See instructions on reverse side. Bids must be
in the office of the City Purchasing Agent before the hour and date specified on the reverse side of this IFB.
1.3 Late bids properly identified will be returned to bidder unopened. Late bids wi11 not be considered.
1.4 Bid F.O.B. destination, freight, prepaid, & allowed unless otherwise specified on the IFB. If otherwise, show exact cost to deliver.
1.5 Bid unit price on quantity and unit of measure specified, extend and show total. In case of errors in extension, unit prices shall govern. Bids subject to unlimited price
increase will not be considered.
1.6 Bid prices shall be firm for acceptance 30 days from bid opening date. "Discount from List" bids are not acceptance .unless requested. Cash discount will not be
considered in determining the low bid. All cash discounts offered wilt be taken if eamed.
1.7 Bids shall give Tax Identification Number, full name and address of bidder. Failure to sign will disqualify bid. Person signing bid shaft show tittle and authority to bind
signatories firm in a contract. Firm name should appear on each page in the block provided in the upper right comer. Business Entity shall be one (1) of the following:
Individual, Partnership, Sole Proprietorship, Estate/frust, Corporation Governmental. Non-profit, all others shall be specified. INDIVIDUAL: List name and number as
shown on Social Security Card. SOLE PROPRIETORSHIP; List legal name followed by legal business name and Social Security Number. ALL OTHERS; List legal name
of entity and Tax Identification Number (Tin).
1.8 Bid cannot be altered or amended after opening time. Any Alterations made before opening time shall be initialed by bidder or an authorized agent No bid can be
withdrawn after opening time without approval of the CITY based on a written acceptable reason.
1.9 The City is exempt from State Sales Tax and Federal Excise Tax. Do not include tax in bid.
1.10 The City reserves the right to accept or reject all or any part of bid, waive minor technicalities and award the bid to best serve the interests of the City, Split awards may be
made at the sole discretion of the City.
1.11 Consistent and continued tie bids could cause rejection of bids by the City and/or investigation for antitrust violations.
1.12 Telephone bids and facsimile bids are not acceptable in response to the IFB.
1.13 CAUTION: Bid invitation allows sufficient time for receipt of the preferred mail response. The City shall not be responsible for bids received ate, illegible, incomplete, or
otherwise non-responsive
2. SPECIFICATION:
2.1 Any catalog, brand name or manufacturers reference used in IFB is descriptive only (not restrictive), and is used to indicate type and quality desired. Bids on brands of like
nature and quality will be considered unless advertised under the provisions of Section 252.022 of the Texas Local Govemment Code. If other than brand(s) specified is
offered, illustrations and complete descriptions of product offered are requested to be made a part of the bid. If bidder takes no exceptions to s
data in bid, bidder will be required to furnish brad names, numbers, etc, as specified in the IFB. Pti pecifications or reference
2.2 AA items bid shall be new, in first lass condition, including containers suitable for shipment and storage, unless otherwise indicated in IFB. Verbal agreements to the
contrary will not be recognized.
2.3 Samples, when requested, must be fumished free of expense to the City. If not destroyed in examination, they will be retumed to the bidder, on request, at bidder expense.
Each example should be marked with bidders' name and address, City bid number and code. Do not enclose in or attach to bid.
24 The City will not be bound by any oral statement or representation contrary to the written specifications of this IFB.
2.5 Manufacturer's standard warranty shall apply unless otherwise stated in the IFB.
3. 11E BIDS: In case of tie bids, the award will be made in accordance with Section 271.901 of the Texas Local Govemment Code.
4. DELIVERY:
4.1 Bid should show number of days required to place material in City's designated location under normal conditions. Failure to state deliver time obligates bidder to complete
delivery in fourteen (14) calendar days. Unrealistically short or long delivery promises may cause bid to be disregarded. Consistent failure to meet delivery promises
without valid reason may cause removal from bid list (See 4.2 following.)
4.2 If delay is foreseen, contractor shall give written notice to the City. The City has the right to extend delivery date if reasons appear valid. Contractor must keep the City
advised at all times of status of order. Default in promised delivery (without acceptable reasons) or failure to meet specifications, authorizes the City to purchase supplies
elsewhere and charge full increase, if any, in cost and handling to defaulting contractor.
4.3 No substitutions or cancellations permitted without written approval of the City.
4.4 Delivery shall be made during normal working hours only, unless prior approval for late delivery has been obtained from the City, unless otherwise specified in the IFB.
5. INSPECTION AND TESTS: All goods will be subject to inspection and test by the City to the extent practicable at all times and places. Authorized City personnel shall have
access to any supplier's place of business for the purpose of inspecting merchandise. Tests may be performed on samples submitted with the bid or on samples taken from
regular shipments. If the products tested fail to meet or exceed all conditions and requirements of the specifications, the cost of the sample used and the cost of the testing shall
be borne by the supplier. Goods, which have been delivered and rejected in whole or in part, may, at the City's option, be returned to the Vendor or held for disposition at Vendor's
risk and expense. Latent defects may result in revocation of acceptance.
6. AWARD OF CONTRACT: A response to an IFB is an offer to contract with the City based upon the terms, conditions, and specifications contained in the IFB Bids do not become
contracts unless and until they are accepted by the City through its designates and a purchase order is issued. The contract shall be govemed, construed, and interpreted under
the Charter of the City and the laws of State of Texas. All contracts are subject to the approval of the City Council.
7. PAYMENT: Vendor shall submit three (3) copies of an invoice showing the purchase order number on all copies.
8. PATENTS AND COPYRIGHTS: The contractor agrees to protect the City from claims.invoMng infringements of patents or copyrights.
9. VENDOR ASSIGNMENTS: Vendor hereby assigns to purchaser any and all claims for overcharges associated with this contract, which arise under the antitrust laws of the State
of Texas. Tx, Bus. And Comm. Code Ann. Sec. 15.01, et seq. (1967).
10. BIDDER AFFIRMATION:
10.1 Signing this bid with a false statement is a material breach of contract and shall void the submitted bid or any resulting contracts, and the bidder shall be removed from all
bid lists. By signature hereon affixed, the bidder hereby certifies that
10.2 The bidder has not given, offered to give, nor intends to give any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, tip, favor,
or service to a public servant in connection with the submitted bid.
10.3 The bidder is not currently delinquent in the payment of any debt owed the City.
10.4 Neither the bidder nor the firm, corporation, partnership, or any entity represented by the bidder, or anyone acting for such firm, corporation, or entity has violated the
antitrust laws of this State codified in Section 15.01 et. Seq. Texas Business and Commercial Code, or the Federal Antitrust Laws, nor communicated directly or indirectly
the bid made to any competitor, or any other person engaged in such fine of business.
10.5 The bidder has not received compensation for participation in the preparation of the specification for this IFB.
11. NOTE TO BIDDERS: Any terms and conditions attached to bid will not be considered unless the bidder specifically references them on the front of this bid form. WARNING: Such
laws
City of Round Rtions may ock can only atin ccept bidslfication of the which contain bid (e.g. bids with the terms and conditions ors of itste other than Texas format FB; in particular,ralt biddersents prepayment Limitations on affirmations and certifications mustebe included.
Submission of bids on forms other than City bid form may result in disqualification of your bid.
12. INQUIRIES: Inquiries pertaining to bid invitations must give bid number, codes, and opening date.
REFERENCE SHEET
Please Complete and Return This Form with the Solicitation Response
SOLICITATION NUMBER: IFB 05-033 SALE OF BULK MULCH
BIDDER'S NAME: DATE:
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
Fax Number (
Fax Number (
( ) Fax Number (
(
Fax Number (
FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY
AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSERATION FROM AWARD.
Reference Sheet Page 3 of 3 Dated: 08/16/2005
SPECIFICATION NO.
05-988-59
DATED: August 2005
CITY OF ROUND ROCK
SALE OF BULK MULCH
PARTI
GENERAL
1. PURPOSE: The City seeks to establish an agreement with a Contractor to purchase and haul bulk mulch
daily from the City's Recycling Center.
2. HISTORY: The City currently offers brush recycling to residents and non-residents, which includes monthly
brush collection from residential and commercial sites. A portion of this brush collection is ground into
mulch and provided to City Departments and residents at no cost. It is also estimated that the recycle
center will receive an average of 20,000 cubic yard (CY) of brush to be mulched each year. 5,000 CY of
this mulch will be reserved for the City and it's residents.
3. DEFINITIONS: The following definitions will be used for identified terms throughout the specification and
bid document:
3.1 Agreement — A mutually binding legal document obligating the Contractor to buy the goods and
obligating the City to provide the same.
3.2 Buyer as identified throughout this specification shall describe persons and entities that consider
themselves qualified to purchase goods from the City.
3.3 City — Identifies the City of Round Rock, Williamson and Travis Counties, Texas.
3.4 Contractor — A person or business enterprise that is buying supplies, materials or equipment from
the City as fulfillment of obligations arising from a solicitation and/or agreement.
3.5 Goods — Shall define supplies, material or equipment
3.6 Purchase Order —A mutually binding legal document obligating the Contractor to fumish the goods,
equipment or services, and obligating the City to pay for the same.
3.7 Subcontractor - Any person or business enterprise providing goods, equipment, labor, and/or
services to a Agreement or if such goods, equipment, labor, and/or services are procured or used in
fulfillment of the Contractor's obligations arising from a agreement with the City.
4. CLARIFICATION: For clarification of specifications, bidders shall contact:
Randy Barker
Purchasing Supervisor
City of Round Rock
Telephone: 512-218-3295
The individual listed above may be contacted by telephone or visited for clarification of the specifications
only. No authority is intended or implied that specifications may be amended or alterations accepted prior
to bid opening without written approval of the City of Round Rock through the Purchasing Division.
Page 1 of 9
SPECIFICATION NO.
05-988-59
DATED: August 2005
PART II
GENERAL CLAUSES AND CONDITIONS
1. The Contractor shall provide all labor and goods necessary to perform the project. The Contractor shall
employ 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.
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. BEST BID EVALUATION: All bids received shall be evaluated based on the best value for the City. Best
value shall be determined by considering all or part of the criteria listed, as well as any relevant criteria
specifically listed in the solicitation.
4.1. Bid price
4.2. Reputation of the bidder and of bidder's goods and services.
4.3. The quality of the bidder's goods or services.
4.4. The extent to which the goods or services meet the City's needs
4.5. Bidder's past relationship with the City. All vendors shall 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, and/or late delivery.
5. 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.
6. 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.
6.1 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.
6.2 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.
6.3 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.
Page 2 of 9
SPECIFICATION NO.
05-988-59
DATED: August 2005
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.
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, 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 shall 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, attorneys 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. PACKAGE AND TRANSPORT: The Contractor shall bear the cost of providing container(s) and
transporting goods from City facilities unless otherwise provided.
14. DEFAULT: The contractor shall be in default under the Agreement if the Contractor (a) fails to make any
payment when due, (b) fails to fully, timely and faithfully perform any of its material obligations under the
Agreement, (c) fails to provide adequate assurance of performance under the "Right To Assurance"
paragraph, or (d) becomes insolvent or seeks relief under the bankruptcy laws of the United States.
15. INSURANCE: The Contractor shall procure and maintain at its sole cost and expense for the duration of the
contract 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.
Page 3 of 9
SPECIFICATION NO.
05-988-59
DATED: August 2005
15.1 Certificates of Insurance and endorsements shall be furnished to the City and approved by the City
before work commences.
15.2 The following standard insurance policies shall be required:
15.2.1 General Liability Policy
15.2.2 Automobile Liability Policy
15.2.3 Worker's Compensation Policy
15.3 The following general requirements are applicable to all policies:
153.1 Only insurance companies licensed and admitted to do business in the State of Texas
shall be accepted.
153.2 Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per
occurrence basis for property damage only.
1533 Claims made policies shalt not be accepted, except for Professional Liability Insurance.
153.4 Upon request, certified copies of all insurance policies shall be furnished to the City
15.4 Policies shall include, but not limited to, the following minimum limits:
15.4.1 Minimum Bodily Injury Limits of $300,000.00 per occurrence.
15.4.2 Property Damage Insurance with minimum limits of $50,000.00 for each occurrence.
15.43 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.
15.4.4 Statutory Worker's Compensation Insurance and minimum $100,000.00 Employers
Liability Insurance.
15.4.5 Coverage shall be maintained for two years minimum after the termination of the Contract.
15.5 The City shall be entitled, upon request, and without expense to receive copies of insurance policies
and all endorsements thereto and may make reasonable request for deletion, revision, or
modification of particular policy terms, conditions, limitations, or exclusions (except where policy
provisions are established by law or regulation binding either of the parties hereto or the underwriter
of any of such policies). Upon such request by the City,'the 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.
15.6 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:
15.6.1 Provide for an additional insurance endorsement clause declaring the Contractor's
insurance as primary.
15.6.2 Name the City and its officers, employees, and elected officials as additional insureds,
(as the interest of each insured may appear) as to all applicable coverage.
15.63 Provide thirty days notice to the City of cancellation, non -renewal, or material changes
15.6.4 Remove all language on the certificate of insurance indicating:
15.6.5 That the insurance company or agent/broker shall endeavor to notify the City; and,
Page 4 of 9
SPECIFICATION NO.
05-988-59
DATED: August 2005
15.6.6 Failure to do so shall impose no obligation of liability of any kind upon the company, its
agents, or representatives.
15.6.7 Provide for notice to the City at the addresses listed below by registered mail:
15.6.7.1 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.
15.6.7.2 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.
15.6.7.3 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
15.6.8 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.
15.7 All notices shall be mailed to the City at the following addresses:
Assistant City Manager City Attorney
City of Round Rock City of Round Rock
221 East Main Street 309 East Main Street
Round Rock, TX 78664-5299 Round Rock, TX 78664
15.8 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.
15.9 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.
16. 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.
Certificate of coverage (`certificate") - A copy of a certificate of insurance, a certificate of authority to self -
insure issued by the Texas Workers' Compensation Commission, or a coverage agreement (TWCC-81,
TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the
person's or entity's employees providing services on a project, for the duration of the project.
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.
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
Page 5 of 9
SPECIFICATION NO.
05-988-59
DATED: August 2005
person has employees. This includes, without limitation, independent contractors, subcontractors, leasing
companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which
fumishes persons to provide services on the project. "Services" include, without limitation, providing, hauling,
or delivering equipment or materials, or providing labor, transportation, or other service related to a project.
"Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply
deliveries, and delivery of portable toilets_
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.
The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being awarded the
contract.
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.
The CONTRACTOR shall obtain from each person providing services on a project, and provide to the
OWNER:
A 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
B. 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.
The CONTRACTOR shall retain all required certificates of coverage for the duration of the project and for
one year thereafter.
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.
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.
The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a
project, to:
A. 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;
B. 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;
Page 6 of 9
SPECIFICATION NO.
05-988-59
DATED: August 2005
C. 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;
D. obtain from each other person with whom it contracts, and provide to the CONTRACTOR:
1) a certificate of coverage, prior to the other person beginning work on the project; and
2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage
period, if the coverage period shown on the current certificate of coverage ends during the duration
of the project
E. retain all required certificates of coverage on file for the duration of the project and for one year
thereafter;
F. 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
G. 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.
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.
17. 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.
18. VENUE: Both the City and the Contractor agree that venue for any litigation arising from a resulting
agreement shall lie in Williamson County.
19. INDEPENDENT CONTRACTOR: It is understood and agreed that the Contractor shall not be considered
an employee of the City. The Contractor shall not be within protection or coverage of the City's Worker'
Compensation insurance, Health Insurance, Liability Insurance or any other insurance that the City from
time to time may have in force and effect.
20. WARRANTY -PRICE: The contractor certifies that the prices in the submittal have been arrived at
independently without consultation, communication, or agreement for the purpose of restricting
competition, as to any matter relating to such prices with any other firm or with any competitor.
21. CREDIT: The Bidder shall upon request provide the City such financial information as the City may require
determining the credit worthiness of the Bidder, including but not limited to, annual reports and audited
financial statements.
Page 7 of 9
SPECIFICATION NO.
05-988-59
DATED: August 2005
PART III
SPECIFICATIONS
1. SCOPE: This specification describes an agreement for a Contractor to purchase the City's bulk mulch.
Successful vendor shall provide containers and haul the mulch from the center a minimum of 4 days per
week or as agreed, with the exception of Sundays.
2. BIDDER QUALIFICATIONS: The opening of a bid shall not be construed as the City's acceptance of such
bidder as qualified and responsible. The City reserves the right to reject any and all bids. All bidders shall
furnish the following information at a minimum:
2.1 References: Provide the name, address, telephone number and point of contact of at least three
firms that have utilized the same or similar service. References may be checked prior to award.
Any negative responses received may result in disqualification of bid.
2.2 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.
3. BID SUBMITTAL: Bids shall be constructed to include all costs relative to containment and transportation
of bulk mulch within the specified time frame.
3.1 Bidders may be required to make oral presentations/interviews regarding their submittals. These
presentations/interviews provide an opportunity for the Bidder to clarify their submittal to ensure
mutual understanding of the services to be provided and the Bidder's approach to providing these
services.
4. SALE QUANTITY: The quantities shown on the IFB are estimates only. The Contractor shall purchase a
minimum of 15,000 CY or alt that is available, which ever is the greater. In the event the Contractor declines
purchase on contracted mulch, the City may sell mulch elsewhere and the Contractor may be charged the
difference, if any.
5. LIMITATION OF LIABILITY: Goods are sold by the city on an "as -is, where -is" basis, unless otherwise
noted in the solicitation. The city disclaims all warranties, expressed or implied, as to the condition, quality,
or fitness of the goods, including, but not limited to warranties of merchantability or fitness for a particular
purpose. The city shall not be liable for any claim or cause of action related to or concerning the goods or
the solicitation.
6. SITE VISIT: Facility walk through and site inspection will be conducted for bidders to fully acquaint
themselves with the site conditions, as they exist for full comprehension of the facilities, difficulties and/or
restrictions attending the proposed project.
Date: August 19, 2005
Location: Recycling Center, 301 Deepwood, Round Rock, TX
Time: 2:00 — 4:00 PM
Contact: Emsud Horozovic @ 512-341-3350
7. SITE RESTRICTIONS
7.1 Contractor shall coordinate with City's Administrator on placement of containers and all restrictions
of site before contract commencement.
7.2 City Equipment: The Contractor shall not use any City owned equipment for use in its operation.
Page 8 of 9
SPECIFICATION NO.
05-988-59
DATED: August 2005
8. ORIENTATION OF CONTRACTOR: The City will provide an initial orientation to the Contractor within five
days after contract effective date to identify all policies and operating procedures of the recycling center.
During this meeting, the Contractor shalt provide the City with their recommendations for operation, best
locations to install or place Contractor's equipment and a start date (not to exceed 35 days from effective
date of contract) NOTE: It shall be the responsibility of the Contractor to familiarize personnel with
the site and site restrictions.
9. CONTRACTOR RESPONSIBILITIES: The Contractor shall agree to purchase and haul a minimum of
15,000 CY of mulch or quantities available, which ever is greater, during the 12 -month contract period and
any extensions thereafter. The Contractor shall:
9.1 Provide container(s), 80 CY minimum, for City to fill with mulch.
9.2 Haul mulch from City property at least four days a week using own personnel and equipment. Hauls
shall be during regular City business operation.
9.3 Purchase and haul the surplus mulch that has accumulated at the site, estimated 10,000 CY.
9.4 Check with City personnel to get receipt after each mulch pickup. Receipt shall indicate amount of
mulch received and require signature. See attached example.
9.5 Make payments to the City upon receipt of monthly invoice. See attached example.
10. CITY RESPONSIBILTIES:
10.1 Load mulch into containers.
10.2 Provide receipt for each haul.
10.3 Invoice Contractor the first of every month.
10.4 Communicate with Contractor when circumstances arise that require additional sale of bulk mulch.
11. CONTRACT ADMINISTRATOR: All work performed under this contract will be supervised and verified by
the City representative noted below.
Emsud Horozovic @ 512-341-3350
PART III
SERVICE AND PAYMENT
1. INVOICING: Contractor shall receive an invoice for payment monthly for quantities received within the
thirty -day period.
2. PAYMENT: Contractor shall submit payments to the City promptly upon receipt of invoice to the following
address:
City of Round Rock
Attn: Accounts Payable
221 East Main Street
Round Rock, TX78664-5299
Page 9 of 9
INVITATION FOR BID (IFB)
CITY OF ROUND ROCK PURCHASING OFFICE
221 E. Main Street
Round Rock, Texas 78664-5299
BIDS ARE DUE TO THE PURCHASING OFFICE
AT THE ABOVE ADDRESS BEFORE BID
OPENING TIME.
INVOICE TO:
City of Round Rock
Accounts Payable
221 East Main Street
Round Rock, Texas 78664
BID F.O.B. DESTINATION
UNLESS OTHERWISE SPECIFIED BELOW
DESTINATION:
City of Round Rock
Recycle Center
301 Deepwoods Drive
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.
BIDDING INFORMATION: SALE OF BULK MULCH
BID NUMBER
OPENING DATE: 05-033
8/30/2005 AT 3:00 PM
BID LOCATION: 221 E. Main Street, 1st Floor
Council Chambers, Round Rock, TX 786
RETURN SIGNED ORIGINAL AND ONE COPY OF BID
Authorized Signature
�•I*'
Print Name
BIDDER SNeI s BELOW
Failure to sign bid will • • bid
SEE 1.7 ON BACK FOR INSTRUCTIONS:
TAX ID NO.: n & 22 O 3
LEGAL BUSINESS NAME: 1 } e . • C $i- n V , n' CI
ADDRESS: 3.12.- ---- `I- _ -- --i-E-.25_
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ADDRESS: V 1..0(0)^p i -3u3 ) I.0�( .....'180 111
CONTACT:
TELEPHONE NO.: \ 2 — 2 3C _ 7:11 1
BUSINESS ENTITY TYPE: 'Or V, 11
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 welt as any relevant criteria listed in the attached Specification Number 05-988-59, dated August 2005 (9 pages).
Bidder agrees to comply with all conditions set forth below and on the reverse side of this IFB.
4-41
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Date
TEM #
ESTIMATED QUANTITY
PRICE PER
CUBIC YARD
Minimum quantity: 15,000 CY per year
'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
as violated the antitrust taws of this State, codified in Section 15.01 et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor
ommunicated directly or indirectly, the bid made to any competitor or anyother
• person engaged in such line of business."
d
REFERENCE SHEET
Please Complete and Return This Form with the Solicitation Response
SOLICITATION NUMBER: IFB 05-033 SALE OF BULK MULCH /
BIDDER'S NAME: ��o;; r I(' ne SfpI'ieS DATE: g/ ZGi/O3
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
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FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY
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Reference Sheet
Page 3 of 3 Dated: 08/16/2005
SPECIFICATION NO.
05-988-59
DATED: August 2005
CITY OF ROUND ROCK
SALE OF BULK MULCH
PART I
GENERAL
1. PURPOSE: The City seeks to establish an agreement with a Contractor to purchase and haul bulk mulch
daily from the City's Recycling Center.
2. HISTORY:The City currently offers brush recycling to residents and non-residents, which includes monthly
brush collection from residential and commercial sites. A portion of this brush collection is ground into
mulch and provided to City Departments and residents at no cost. It is also estimated that the recycle
center will receive an average of 20,000 cubic yard (CY) of brush to be mulched each year. 5,000 CY of
this mulch will be reserved for the City and it's residents.
3. DEFINITIONS: The following definitions will be used for identified terms throughout the specification
bid document: p tion and
3.1 Agreement —A mutually binding legal document obligating the Contractor to buy the goods and
obligating the City to provide the same.
3.2 Buyer as identified throughout this specification shall describe persons and entities that consider
themselves qualified to purchase goods from the City.
3.3 City— Identifies the City of Round Rock, Williamson and Travis Counties, Texas.
3.4 Contractor — A person or business enterprise that is buying supplies, materials or equipment from
the City as fulfillment of obligations arising from a solicitation and/or agreement.
3.5 Goods — Shall define supplies, material or equipment
3.6 Purchase Order —A mutually binding legal document obligating the Contractor to furnish theoods
equipment or services, and obligating the City to pay for the same. g
3.7 Subcontractor - Any person or business enterprise providing
labor, and/or
services to a Agreement or if such goods, equipment, labor, and/or services are procured or used in
fulfillment of the Contractor's obligations arising from a agreement with the City.
4. CLARIFICATION: For clarification of specifications, bidders shall contact:
Randy Barker
Purchasing Supervisor
City of Round Rock
Telephone: 512-218-3295
The individual listed above may be contacted by telephone or visited for clarification of the specifications
only. No authority is intended or implied that specifications may be amended or alterations accepted prior
to bid opening without written approval of the City of Round Rock through the Purchasing Division.
Page 1 of 9
SPECIFICATION NO.
05-988-59
DATED: August 2005
PART II
GENERAL CLAUSES AND CONDITIONS
1. The Contractor shall provide all labor and goods necessary to perform the project. The Contractor shall
employ 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. -
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. BEST BID EVALUATION: All bids received shall be evaluated based on the best value for the City. Best
value shall be determined by considering all or part of the criteria listed, as well as any relevant criteria
specifically listed in the solicitation.
4.1. Bid price
4.2. Reputation of the bidder and of bidder's goods and services.
4.3. The quality of the bidder's goods or services.
4.4. The extent to which the goods or services meet the City's needs
4.5. Bidder's past relationship with the City. AA vendors shall 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, and/or late delivery.
5. 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.
6. 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. -
6.1 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.
6.2 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.
6.3 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.
Page 2 of 9
SPECIFICATION NO.
05-988-59
DATED: August 2005
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.
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, 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 shall 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. PACKAGE AND TRANSPORT: The Contractor shall bear the cost of providing container(s) and
transporting goods from City facilities unless otherwise provided.
14. DEFAULT: The contractor shall be in default under the Agreement if the Contractor (a) fails to make any
payment when due, (b) fails to fully, timely and faithfully perform any of its material obligations under the
Agreement, (c) fails to provide adequate assurance of performance under the "Right To Assurance"
paragraph, or (d) becomes insolvent or seeks relief under the bankruptcy laws of the United States.
15. INSURANCE: The Contractor shall procure and maintain at its sole cost and expense for the duration of the
contract 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.
Page 3 of 9
SPECIFICATION NO.
05-988-59
DATED: August 2005
15.1 Certificates of Insurance and endorsements shall be fumished to the City and approved by the City
before work commences.
15.2 The following standard insurance policies shall be required:
15.2.1 General Liability Policy
15.2.2 Automobile Liability Policy
15.23 Worker's Compensation Policy
15.3 The following general requirements are applicable to all policies:
15.3.1 Only insurance companies licensed and admitted to do business in the State of Texas
shall be accepted.
15.3.2 Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per
occurrence basis for property damage only.
1533 Claims made policies shall not be accepted, except for Professional Liability Insurance.
153.4 Upon request, certified copies of all insurance policies shall be furnished to the City
15.4 Policies shall include, but not limited to, the following minimum limits:
15.4.1 Minimum Bodily Injury Limits of $300,000.00 per occurrence.
15.4.2 Property Damage Insurance with minimum limits of $50,000.00 for each occurrence.
15.4.3 Automobile Liability Insurance for all owned, non -owned, and hired vehicles with minimum
limits for Bodily Injury of $100,000.00 each person, and $300,000.00 for each occurrence,
and Property Damage Minimum limits of $50,000.00 for each occurrence.
15.4.4 Statutory Worker's Compensation Insurance and minimum $100,000.00 Employers
Liability Insurance.
15.4.5 Coverage shall be maintained for two years minimum after the termination of the Contract.
15.5 The City shall be entitled, upon request, and without expense to receive copies of insurance policies
and all endorsements thereto and may make reasonable request for deletion, revision, or
modification of particular policy terms, conditions, limitations, or exclusions (except where policy
provisions are established by law or regulation binding either of the parties hereto or the underwriter
of any of such policies). Upon such request by the City, the 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.
15.6 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:
15.6.1 Provide for an additional insurance endorsement clause declaring the Contractor's
insurance as primary.
15.6.2 Name the City and its officers, employees, and elected officials as additional insureds,
(as the interest of each insured may appear) as to all applicable coverage.
15.63 Provide thirty days notice to the City of cancellation, non -renewal, or material changes
15.6.4 Remove all language on the certificate of insurance indicating:
15.6.5 That the insurance company or agent/broker shall endeavor to notify the City; and,
Page 4 of 9
SPECIFICATION NO.
05-988-59
DATED: August 2005
15.6.6 Failure to do so shall impose no obligation of liability of any kind upon the company, its
agents, or representatives.
15.6.7 Provide for notice to the City at the addresses listed below by registered mail: -
15.6.7.1 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.
15.6.7.2 Provide that all provisions of this contract conceming liability, duty, and
standard of care together with the indemnification provision, shall be
underwritten by contractual liability coverage sufficient to include such
obligations within applicable policies.
15.6.7.3 Alt copies of the Certificate of Insurance shall reference the project name, bid
number or purchase order number for which the insurance is being supplied
15.6.8 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.
15.7 Alt notices shall be mailed to the City at the following addresses:
Assistant City Manager City Attorney
City of Round Rock City of Round Rock
221 East Main Street 309 East Main Street
Round Rock, TX 78664-5299 Round Rock, TX 78664
15.8 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.
15.9 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.
16. 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.
Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -
insure issued by the Texas Workers' Compensation Commission, or a coverage agreement (TWCC-81,
TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the
person's or entity's employees providing services on a project, for the duration of the project.
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.
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
Page 5 of 9
SPECIFICATION NO.
05-988-59
DATED: August 2005
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.
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.
The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being awarded the
contract.
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.
The CONTRACTOR shall obtain from each person providing services on a project, and provide to the
OWNER:
A. 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
B. 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.
The CONTRACTOR shall retain all required certificates of coverage for the duration of the project and for
one year thereafter.
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.
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.
The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a
project, to:
A. 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;
B. 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;
Page 6 of 9
SPECIFICATION NO.
05-988-59
DATED: August 2005
C. 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;
D. obtain from each other person with whom it contracts, and provide to the CONTRACTOR:
1) a certificate of coverage, prior to the other person beginning work on the project; and
2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage
period, if the coverage period shown on the current certificate of coverage ends during the duration
of the project
E. retain all required certificates of coverage on file for the duration of the project and for one year
thereafter,
F. 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
G. 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.
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.
17. LIENS: Contractor agrees to and shall indemnify and save harmless the City against any and alt 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.
18. VENUE: Both the City and the Contractor agree that venue for any litigation arising from a resulting
agreement shall lie in Williamson County.
19. INDEPENDENT CONTRACTOR: It is understood and agreed that the Contractor shall not be considered
an employee of the City. The Contractor shall not be within protection or coverage of the City's Worker'
Compensation insurance, Health. Insurance, Liability Insurance or any other insurance thatthe City from
time to time may have in force and effect.
20. WARRANTY PRICE: The contractor certifies that the prices in the submittal have been arrived at
independently without consultation, communication, or agreement for the purpose of restricting
competition, as to any matter relating to such prices with any other firm or with any competitor.
21. CREDIT: The Bidder shall upon request provide the City such financial information as the City may require
determining the credit worthiness of the Bidder, including but not limited to, annual reports and audited
financial statements.
Page 7 of 9
SPECIFICATION NO.
05-988-59
DATED: August 2005
PART III
SPECIFICATIONS
1. SCOPE: This specification describes an agreement for a Contractor to purchase the City's bulk mulch.
Successful vendor shall provide containers and haul the mulch from the center a minimum of 4 days per
week or as agreed, with the exception of Sundays.
2. BIDDER QUALIFICATIONS: The opening of a bid shall not be construed as the City's acceptance of such
bidder as qualified and responsible. The City reserves the right to reject any and all bids. All bidders shall
furnish the following information at a minimum:
2.1 References: Provide the name, address, telephone number and point of contact of at least three
firms that have utilized the same or similar service. References may be checked prior to award.
Any negative responses received may result in disqualification of bid.
2.2 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.
3. BID SUBMITTAL: Bids shall be constructed to include all costs relative to containment and transportation
of bulk mulch within the specified time frame.
3.1 Bidders may be required to make oral presentations/interviews regarding their submittals. These
presentations/interviews provide an opportunity for the Bidder to clarify their submittal to ensure
mutual understanding of the services to be provided and the Bidder's approach to providing these
services.
4. SALE QUANTITY: The quantities shown on the IFB are estimates only. The Contractor shall purchase a
minimum of 15,000 CY or all that is available, which ever is the greater. In the event the Contractor declines
purchase on contracted mulch, the City may sell mulch elsewhere and the Contractor may be charged the
difference, if any.
5. LIMITATION OF LIABILITY: Goods are sold by the city on an "as -is, where -is" basis, unless otherwise
noted in the solicitation. The city disclaims all warranties, expressed or implied, as to the condition, quality,
or fitness of the goods, including, but not limited to warranties of merchantability or fitness for a particular
purpose. The city shall not be liable for any claim or cause of action related to or concerning the goods or
the solicitation.
6. SITE VISIT: Facility walk through and site inspection will be conducted for bidders to fully acquaint
themselves with the site conditions, as they exist for full comprehension of the facilities, difficulties and/or
restrictions attending the proposed project.
Date: August 19, 2005
Location: Recycling Center, 301 Deepwood, Round Rock, TX
Tirne: 2:00 — 4:00 PM
Contact: Emsud Horozovic @ 512-341-3350
7. SITE RESTRICTIONS
7.1 Contractor shall coordinate with City's Administrator on placement of containers and all restrictions
of site before contract commencement.
7.2 City Equipment: The Contractor shall not use any City owned equipment for use in its operation.
Page 8 of 9
SPECIFICATION NO.
05-988-59
DATED: August 2005
8. ORIENTATION OF CONTRACTOR: The City will provide an initial orientation to the Contractor within five
days after contract effective date to identify all policies and operating procedures of the recycling center.
During this meeting, the Contractor shall provide theCity with their recommendations for operation, best
locations to install or place Contractor's equipment and a start date (not to exceed 35 days from effective
date of contract) NOTE: It shall be the responsibility of the Contractor to familiarize personnel with
the site and site restrictions.
9. CONTRACTOR RESPONSIBILITIES: The Contractor shall agree to purchase and haul a minimum of
15,000 CY of mulch or quantities available, which ever is greater, during the 12 -month contract period and
any extensions thereafter. The Contractor shall:
9.1 Provide container(s), 80 CY minimum, for City to fill with mulch.
9.2 Haul mulch from City property at least four days a week using own personnel and equipment. Hauls
shall be during regular City business operation.
9.3 Purchase and haul the surplus mulch that has accumulated at the site, estimated 10,000 CY.
9.4 Check with City personnel to get receipt after each mulch pickup. Receipt shall indicate amount of
mulch received and require signature. See attached example.
9.5 Make payments to the City upon receipt of monthly invoice. See attached example.
10. CITY RESPONSIBILTIES:
10.1 Load mulch into containers.
10.2 Provide receipt for each haul.
10.3 Invoice Contractor the first of every month.
10.4 Communicate with Contractor when circumstances arise that require additional sale of bulk mulch.
11. CONTRACT ADMINISTRATOR: All work performed under this contract will be supervised and verified by
the City representative noted below.
Emsud Horozovic @ 512-341-3350
PART III
SERVICE AND PAYMENT
1. INVOICING: Contractor shall receive an invoice for payment monthly for quantities received within the
thirty -day period.
2. PAYMENT: Contractor shall submit payments to the City promptly upon receipt of invoice to the following
address:
City of Round Rock
Attn: Accounts Payable
221 East Main Street
Round Rock, TX78664-5299
Page 9 of 9
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05-033 SALE OF BULK MULCH
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Landscape Supplies
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f.)NISVH.DHad NAOD faOLRIZZ1 XV1 OS:60
DATE: December 7, 2005
SUBJECT: City Council Meeting - December 15, 2005
ITEM: *9.D.1. Consider a resolution authorizing the Mayor to execute an
Agreement for Sale of Bulk Mulch with WKP Enterprises dba Austin
Landscape Supplies.
Department: Parks and Recreation Department
Staff Person: Emsud Horozovic, Forestry Manager
Justification:
Thousands of cubic yards of mulch are sold to wholesale contractor to offset the cost of
operating this facility.
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources: N/A
Background Information:
Parks and Recreation Department, Urban Forestry Division has been operating the Brush
Recycling Center since October 2000. Mulch produced from grinding brush is used in city
parks and also made available for free to city residents. Thousands of cubic yards of mulch
that are left are sold to wholesale contractor to offset the cost of operating this facility.
Public Comment: N/A
CITY OF ROUND ROCK
AGREEMENT FOR SALE OF BULK MULCH
WITH WKP ENTERPRISES dba AUSTIN LANDSCAPE SUPPLIES
THE STATE OF TEXAS
CITY OF ROUND ROCK
COUNTY OF WILLIAMSON
§ KNOW ALL BY THESE PRESENTS:
That this Agreement for Sale of Bulk Mulch (referred to herein as the "Agreement") is
made and entered into on this the 15 day of the month of DC-Cern/36R,, 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
WKP ENTERPRISES dba AUSTIN LANDSCAPE SUPPLIES, a Texas corporation whose
offices are located at 5317 IH 35 South, Georgetown, Texas 78626 (referred to herein as the
"Purchaser"). 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 sell excess bulk mulch; and
WHEREAS, City has issued its "Invitation for Bid" for City to sell excess bulk mulch,
and City has selected the offer to buy submitted by Purchaser; and
WHEREAS, City agrees to sell and Purchaser agrees to buy City's excess bulk mulch on
a contractual basis; 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, the parties
mutually agree as follows:
1.01 DEFINITIONS
A. Agreement means the binding legal contract between City and Purchaser
whereby City is obligated to sell specified goods and Purchaser is obligated to buy specified
goods. The Agreement includes the following: (a) City's Invitation for Bid designated as IFB
05-033, Specification Number 05-988-59; (b) Purchaser's Response to IFB, dated August 29,
00092938/jkg
R OTIA-16-41)/
2005; (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:
This Agreement;
Purchaser's Response to IFB, dated August 29, 2005;
City's Invitation for Bids, exhibits, and attachments.
B. City means the City of Round Rock, located in 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 means the specified supplies, materials, or equipment.
F. Purchaser means WKP Enterprises dba Austin Landscape Supplies, 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 is for three (3) consecutive twelve (12) month periods
from the effective date hereof. Thereafter, 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 Purchaser has performed each and every
contractual obligation specified in this Agreement.
C. City reserves the right to review the relationship at any time, and may elect to
terminate this Agreement with or without cause or may elect to continue.
2
3.01 CITY'S OBLIGATION TO SELL
A. City reserves the right to 5,000 cubic yards of bulk mulch each twelve-month
period to sell or give away to other parties, or otherwise dispose of as it deems appropriate.
B. After such reservation, City agrees to sell Purchaser a minimum of 15,000 cubic
yards of bulk mulch per each twelve-month period, or all that is available, whichever amount is
greater.
C. The sole take -point for such bulk mulch shall be from City's Recycle Center
located at 301 Deepwood Drive, Round Rock, Texas. This Agreement shall cover only such
specified facility and no other.
4.01 PURCHASER'S OBLIGATION TO BUY
A. As a continuing obligation, Purchaser agrees to buy from City a minimum of
15,000 cubic yards of bulk mulch per each twelve-month period, or all that is available,
whichever amount is greater.
B. In the event Purchaser does not purchase the agreed quantities of bulk mulch, then
City may sell such bulk mulch elsewhere, and Purchaser may be charged the difference, if any.
5.01 PURCHASER'S CONTRACTUAL RESPONSIBILITIES
A. Purchaser agrees to perform all of its contractual responsibilities and obligations
in accordance with standards of the industry. Purchaser shall use best efforts to supervise and
direct its agents or employees competently, efficiently, and safely.
B. Purchaser agrees to furnish and assume full responsibility for all services,
facilities, equipment, materials and incidentals necessary for the proper purchase and removal of
the goods the subject of this Agreement.
C. Purchaser agrees to obtain all permits and licenses, if any, and pay all fees
necessary for the proper purchase and removal of the goods the subject of this Agreement.
D. Purchase hereby affirms and confirms that it has the capability of purchasing and
properly hauling the goods and quantities of goods specified herein.
E. Beginning with the Effective Date of this Agreement, Purchaser shall purchase
and remove from the site a minimum of 15,000 cubic yards of bulk mulch per each twelve-
month period, or all that is available, whichever amount is greater.
F. Purchaser shall provide containers in proper numbers, sizes ( - r 0 tbie-
yam -per, and types for the hauling of the required quantities of bulk mulch, and all such
4.6 keel)
3
containers must be pre -approved by City as to minimum and maximum size/configuration so as
to facilitate City's loading of the containers with available equipment, and so as to promote
safety. Purchaser shall coordinate with City's designated representative on placement of
containers and on all site restrictions. Purchaser anticipates hauling in the following manner:
container(s) to be hauled in each day.
G. Purchaser agrees to haul mulch at least four (4) days each week, excluding
Sundays, and shall haul only during City's regular business hours. Purchaser shall utilize its own
equipment and personnel, and both parties agree that no City equipment or forces shall be used
except in the loading of the bulk mulch on-site.
6.01 CITY'S CONTRACTUAL RESPONSIBILITIES
A. City hereby designates the following representative authorized to act in its behalf
with regard to this Agreement:
Emsud Horozovic
301 West Bagdad, Suite 250
Round Rock, Texas 78664
512-341-3350
B. Within five (5) days of the Effective Date of this Agreement, City's designated
representative shall provide Purchaser with a site visit which includes a facilities walk-through
and an initial orientation to acquaint Purchaser with operating policies and procedures. City's
designated representative shall coordinate with Purchaser on recommendations for operations,
locations for placement of Purchaser's containers, a start date, and other matters. It is expressly
agreed by and between the parties that it shall be the sole responsibility of Purchaser to
familiarize Purchaser's own personnel with all site restrictions and information.
C. City shall load Purchaser's approved containers with bulk mulch, using available
equipment and personnel. City shall use reasonable efforts to load Purchaser's containers
expeditiously, but it is understood and agreed by and between the parties that timing of loading is
within City's control.
D. City shall provide Purchaser's drivers with correct, signed receipts at the time of
each and every site pickup.
7.01 RATES AND PAYMENT
A. During the entire term of this Agreement and any renewals hereof, Purchaser
agrees to pay City for all bulk mulch taken at the following fixed and firm rate: $4.05 per cubic
yard.
4
B. City shall render a monthly bill to Purchaser for bulk mulch taken. Quantities
shall be determined by the official signed receipt obtained from City personnel at the time of
each and every site pickup. Payment in full by Purchaser shall be tendered to City not later than
the tenth (10th) day of each month. Monthly bills shall include, at a minimum, the following
information:
(a) Purchaser's name and address;
(b) Description of goods purchased, and quantity of goods purchased;
(c) Dates of pickup; and
(d) City's address where payment must be remitted.
8.01 TAKE OR PAY
A. Purchaser is obligated to take 15,000 cubic yards of bulk mulch or all that City
has, per twelve-month period, whichever is the greater amount. Purchaser shall be obligated to
pay City based upon such contractual amount, whether hauled or not.
B. Purchaser agrees that City may pursue any remedy available to it at law or in
equity, including but not limited to specific performance of this Agreement and/or any action to
recover an amount of damages equal to such contractual amount.
9.01 CITY'S OPTION TO SELL TO OTHERS
A. Should Purchaser fail in its obligations to take the contractual amounts of bulk
mulch, then and in that event City reserves its option to sell to other sources.
B. Purchaser expressly agrees that, should City exercise its option to sell to other
sources and such sale is at a lower rate, then and in that event City may charge Purchaser the
difference in price. Such action on the part of City shall not be considered an exclusive remedy,
and shall not waive any other remedies available to City at law or in equity.
10.01 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.
5
11.01 DEFAULT
Purchaser 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 United States bankruptcy laws.
12.01 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 Purchaser.
B. In the event of any default by Purchaser, City has the right to terminate this
Agreement for cause, upon ten (10) days' written notice to Purchaser.
C. Purchaser has the right to terminate this Agreement only as follows: (i) for cause,
that being in the event of a material and substantial breach by City; (ii) by mutual agreement to
terminate evidenced in writing by and between the parties; or (iii) by giving City one hundred
twenty (120) days' written notice, and agreeing to continue services as specified herein for a
period of time not to exceed such 120 days after written notification to City.
D. Should Purchaser fail to make any payment in full when due, then, in addition to
any other rights and remedies available to City, City may immediately and without notice
suspend any further sales to Purchaser until the amount due has been paid in full.
13.01 CITY'S LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTY
Goods are sold by City on an "as is" and "where is" basis. City disclaims all warranties,
express or implied, as to the condition, quality, or fitness of the goods, including but not limited
to warranties of merchantability or fitness for a particular purpose. City shall not be liable for
any claims or causes of action related to or concerning the goods.
14.01 INDEMNIFICATION
Purchaser 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
6
other costs or fees arising out of, or incident to, concerning or resulting from the fault of
Purchaser, or Purchaser's agents, employees or subcontractors, in the performance of Purchaser'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 Purchaser (including, but not limited to the
right to seek contribution) against any third party who may be liable for an indemnified claim.
15.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES
Purchaser, 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.
16.01 ASSIGNMENT AND DELEGATION
The parties each hereby bind themselves, their successors, assigns and legal
representatives to each other with respect to the terms of this Agreement. Neither party shall
assign, sublet or transfer any interest in this Agreement without prior written authorization of the
other party.
17.01 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 Purchaser:
Kenneth Patrick Whittlesey
WKP Enterprises dba Austin Landscape Supplies
5317 IH 35 South
Georgetown, TX 78626
Notice to City:
James Nuse, City Manager
221 East Main Street
Round Rock, TX 78664
Stephan L. Sheets, City Attorney
AND TO: 309 East Main Street
Round Rock, TX 78664
7
Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of City and Purchaser.
18.01 APPLICABLE LAW; ENFORCEMENT AND VENUE
This Agreement shall be enforceable in Round Rock, Williamson County, 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.
19.01 EXCLUSIVE AGREEMENT
This document, and all appended documents, constitutes the entire Agreement between
Purchaser and City. This Agreement may only be amended or supplemented by mutual
agreement of the parties hereto in writing.
20.01 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 willbe sought to be resolved with the help of a mutually selected
mediator. If the parties cannot agree on a mediator, City and Purchaser 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 Purchaser 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.
21.01 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.
8
22.01 MISCELLANEOUS PROVISIONS
Standard of Care. Purchaser 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. Purchaser understands and agrees that time is of the essence and
that any failure of Purchaser to fulfill obligations for each portion of this Agreement within the
agreed timeframes will constitute a material breach of this Agreement. Purchaser 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 Purchaser'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 Purchaser shall be deemed in violation of this
Agreement if it is prevented from performing any of its obligations hereunder by reasons for
which it is not responsible as defined herein. However, notice of such impediment or delay in
performance must be timely given, and all reasonable efforts undertaken to mitigate its effects.
IN WITNESS WHEREOF, the parties have duly executed this Agreement
CITY OF ' O
By:
AP
axwell, ayor
Date Signed: J a.- ) 5- 05
L4.,
VED AS TO F
RM FOR CITY:
Stepha L. Sheets, City Attorney
ATTEST:
WKP ENTERPRISES dba AUSTIN LA SCAPE SUPPLIES
By: zz
1..r. -o,
Kenneth Patrick Whi lesey, President
Date Signed: /1 1'7 /95'
9
�•V�l
Christine R. Martinez
Secretary
City
INVITATION FOR BID (IFB)
CITY OF ROUND ROCK PURCHASING OFFICE
221 E. Main Street
Round Rock, Texas 78664-5299
BIDS ARE DUE TO THE PURCHASING OFFICE
AT THE ABOVE ADDRESS BEFORE BID
OPENING TIME.
INVOICE TO:
City of Round Rock
Accounts Payable
221 East Main Street
Round Rock, Texas 78664
BID F.O.B. DESTINATION
UNLESS OTHERWISE SPECIFIED BELOW
DESTINATION:
City of Round Rock
Recycle Center
301 Deepwoods Drive
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.
BIDDING INFORMATION: SALE OF BULK MULCH
BID NUMBER 05-033
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 81D
BIDDER SHALL SIGN BELOW
Failure to sign bid will disqualify bid
Authorized Signature
Date
Print Name
SEE 1.7 ON BACK FOR INSTRUCTIONS:
TAX ID NO.:
LEGAL BUSINESS NAME
ADDRESS:
ADDRESS:
CONTACT:
TELEPHONE NO.:
BUSINESS ENTITY TYPE:
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=988-59, 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
ESTIMATED QUANTITY
PRICE PER
CUBIC YARD
TOTAL ESTIMATED
PRICE
1
BULK MULCH
Minimum quantity: 15,000 CY per year
$
"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."
ITEMS BELOW APPLY TO AND BECOME A PART OF TERMS AND CONDITIONS OF BID
ANY EXCEPTIONS THERETO MUST BE IN WRITING
1. BIDDING REQUIREMENTS:
1.1 Bidding requires pricing per unit shown and extensions. If trade discount is shown on bid, it should be deducted and net Zine extensions shown. Bidders guarantees
product offered will meet or exceed specifications identified in this Invitation For Bid (IFB).
t2 Bids should be submitted on this form. Each bid shall be placed in a separate envelope completely and properly identified_ See instructions on reverse side. Bids must be
in the office of the City Purchasing Agent before the hour and date specified on the reverse side of this IFB.
1.3 Late bids properly identified will be returned to bidder unopened. Late bids xdd not be considered.
1.4 Bid F.O.B. destination, freight, prepaid, & allowed unless otherwise specified on the IFB. If otherwise, show exact cost to deliver.
1.5 Bid unit price on quantity and unit of measure specified, extend and show total. In case of errors in extension, unit prices shall govern. Bids subject to unlimited price
increase will not be considered.
1.6 Bid prices shall be firm for acceptance 30 days from bid opening date. "Discount from List" bids are not acceptance unless requested. Cash discount will not be
considered in determining the low bid. All cash discounts offered will be taken if earned.
1.7 Bids shall give Tax Identification Number, full name and address of bidder. Failure to sign will disqualify bid. Person signing bid shad show tittle and authority to bind
signatories firm in a contract Firm name should appear on each page in the block provided in the upper right comer. Business Entity shall be one (1) of the following:
Individual, Partnership, Sole Proprietorship, Estateffrust, Corporation, Governmental. Non-profit, all others shall be specified. INDIVIDUAL: List name and number as
shown on Social Security Card. SOLE PROPRIETORSHIP; List legal name followed by legal business name and Social Security Number. ALL OTHERS; List legal name
of entity and Tax Identification Number (Tin).
1.8 Bid cannot be altered or amended after opening time. Any Alterations made before opening time shall be initialed by bidder or an authorized agent. No bid can be
withdrawn after opening time without approval of the CITY based on a written acceptable reason.
1.9 The City is exempt from State Sales Tax and Federal Excise Tax. Do not include tax in bid.
1.10 The City reserves the right to accept or reject all or any part of bid, waive minor technicalities and award the bid to best serve the interests of the City. Split awards may be
made at the sole discretion of the City.
1.11 Consistent and continued tie bids could cause rejection of bids by the City and/or investigation for antitrust violations.
1.12 Telephone bids and facsimile bids are not acceptable in response to the IFB.
1.13 CAUTION: Bid invitation allows sufficient time for receipt of the preferred mad response. The City shall not be responsible for bids received late, illegible, incomplete, or
otherwise non-responsive
2. SPECIFICATION:
2.1 Any catalog, brand name or manufacturer's reference used in IFB is descriptive only (not restrictive), and is used to indicate type and quality desired. Bids on brands of like
nature and quality will be considered unless advertised under the provisions of Section 252.022 of the Texas Local Govemment Code. If other than brand(s) specified is
offered, illustrations and complete descriptions of product offered are requested to be made a part of the bid. If bidder takes no exceptions to specifications or reference
data in bid, bidder will be required to famish brand names, numbers, etc, as specified in the IFB.
2.2 All items bid shall be new, in first Bass condition, including containers suitable for shipment and storage, unless otherwise indicated in IFB. Verbal agreements to the
contrary will not be recognized.
2.3 Samples, when requested, must be furnished free of expense to the City. If not destroyed in examination, they will be retumed to the bidder, on request, at bidder expense.
Each example should be marked with bidders' name and address, City bid number and code. Do not enclose in or attach to bid.
2.4 The City will not be bound by any oral statement or representation contrary to the written specifications of this IFB.
2.5 Manufacturer's standard warranty shall apply unless otherwise stated in the IFB.
3. TIE BIDS: In case of tie bids, the award will be made in accordance with Section 271.901 of the Texas Local Government Code.
4. DELIVERY:
4.1 Bid should show number of days requiredto place material in City's designated location under normal conditions. Failure to state deliver time obligates bidder to complete
delivery in fourteen (14) calendar days. Unrealistically short or long delivery promises may cause bid to be disregarded. Consistent failure to meet delivery promises
without valid reason may cause removal from bid list. (See 4.2 following.)
4.2 If delay is foreseen, contractor shad give written notice to the City. The City has the right to extend delivery date if reasons appear valid. Contractor must keep the City
advised at all times of status of order. Default in promised delivery (without acceptable reasons) or failure to meet specifications, authorizes the City to purchase supplies
elsewhere and charge full increase, if any, in cost and handling to defaulting contractor.
4.3 No substitutions or cancellations permitted without written approval of the City.
4.4 Delivery shall be made during normal working hours only, unless prior approval for late delivery has been obtained from the City, unless otherwise specified in the IFB.
5. INSPECTION AND TESTS: All goods will be subject to inspection and test by the City to the extent practicable at all times and places. Authorized City personnel shall have
access to any supplier's place of business for the purpose of inspecting merchandise. Tests may be performed on samples submitted with the bid or on samples taken from
regular shipments. If the products tested fail to meet or exceed all conditions and requirements of the specifications, the cost of the sample used and the cost of the testing shall
be borne by the supplier. Goods, which have been delivered and rejected in whole or in part, may, at the City's option, be retumed to the Vendor or held for disposition at Vendor's
risk and expense. Latent defects may result in revocation of acceptance.
6. AWARD OF CONTRACT: A response to an IFB is an offer to contract with the City based upon the terms, conditions, and specifications contained in the IFB Bids do not become
contracts unless and until they are accepted by the City through its designates and a purchase order is issued. The contract shall be govemed, construed, and interpreted under
the Charter of the City and the laws of State of Texas. All contracts are subject to the approval of the City Council.
7. PAYMENT: Vendor shall submit three (3) copies of an invoice showing the purchase order number on all copies.
8. PATENTS AND COPYRIGHTS: The contractor agrees to protect the City from claimsinvolving infringements of patents or copyrights.
9. VENDOR ASSIGNMENTS: Vendor hereby assigns to purchaser any and all claims for overcharges associated with this contract, which arise under the antitrust laws of the State
of Texas. Tx, Bus. And Comm. Code Ann. Sec. 15.01, et seq. (1967).
10. BiDDER AFFIRMATION:
10.1 Signing this bid with a false statement is a material breach of contract and shad void the submitted bid or any resulting contracts, and the bidder shall be removed from all
bid lists. By signature hereon affixed, the bidder hereby certifies that.
10.2 The bidder has not given, offered to give, nor intends to give any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, tip, favor,
or service to a public servant in connection with the submitted bid.
10.3 The bidder is not currently delinquent in the payment of any debt owed the City.
10.4 Neither the bidder nor the firm, corporation, partnership, or any entity represented by the bidder, or anyone acting for such firm, corporation, or entity has violated the
antitrust laws of this State codified in Section 15.01 et Seq. Texas Business and Commercial Code, or the Federal Antitrust Laws, nor communicated directly or indirectly
the bid made to any competitor, or any other person engaged in such line of business.
10.5 The bidder has not received compensation for participation in the preparation of the specification for this IFB.
11. NOTE TO BIDDERS: Any terms and conditions attached to bid will not be considered unless the bidder specifically references them on the front of this bid form. WARNING: Such
terms and conditions may result in disqualification of the bid (e.g. bids with the laws of a state other than Texas requirements for prepayment. Limitations on remedies, etc.) The
City of Round Rock can only accept bids which contain all the terms and conditions of its formal IFB; in particular, all bidders affirmations and certifications must be included.
Submission of bids on forms other than City bid form may result in disqualification of your bid.
12. INQUIRIES: Inquiries pertaining to bid invitations must give bid number, codes, and opening date.
REFERENCE SHEET
Please Complete and Return This Form with the Solicitation Response
SOLICITATION NUMBER: IF& 05-033 SALE OF BULK MULCH
BIDDER'S NAME: DATE:
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
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
Fax Number (
Fax Number (
Fax Number (
c
Fax Number (
FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY
AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSERATION FROM AWARD.
Reference Sheet Page 3 of 3 Dated: 08/16/2005
SPECIFICATION NO.
05-988-59
DATED: August 2005
CITY OF ROUND ROCK
SALE OF BULK MULCH
PARTI
GENERAL
1. PURPOSE: The City seeks to establish an agreement with a Contractor to purchase and haul bulk mulch
daily from the City's Recycling Center.
2. HISTORY: The City currently offers brush recycling to residents and non-residents, which includes monthly
brush collection from residential and commercial sites. A portion of this brush collection is ground into
mulch and provided to City Departments and residents at no cost. It is also estimated that the recycle
center will receive an average of 20,000 cubic yard (CY) of brush to be mulched each year. 5,000 CY of
this mulch will be reserved for the City and it's residents.
3. DEFINITIONS: The following definitions will be used for identified terms throughout the specification and
bid document:
3.1 Agreement — A mutually binding legal document obligating the Contractor to buy the goods and
obligating the City to provide the same.
3.2 Buyer as identified throughout this specification shall describe persons and entities that consider
themselves qualified to purchase goods from the City.
3.3 City — Identifies the City of Round Rock, Williamson and Travis Counties, Texas.
3.4 Contractor — A person or business enterprise that is buying supplies, materials or equipment from
the City as fulfillment of obligations arising from a solicitation and/or agreement.
3.5 Goods — Shall define supplies, material or equipment
3.6 Purchase Order —A mutually binding legal document obligating the Contractor to furnish the goods,
equipment or services, and obligating the City to pay for the same.
3.7 Subcontractor - Any person or business enterprise providing goods, equipment, labor, and/or
services to a Agreement or if such goods, equipment, labor, and/or services are procured or used in
fulfillment of the Contractor's obligations arising from a agreement with the City.
4. CLARIFICATION: For clarification of specifications, bidders shall contact:
Randy Barker
Purchasing Supervisor
City of Round Rock
Telephone: 512-218-3295
The individual listed above may be contacted by telephone or visited for clarification of the specifications
only. No authority is intended or implied that specifications may be amended or alterations accepted prior
to bid opening without written approval of the City of Round Rock through the Purchasing Division.
Page 1 of 9
SPECIFICATION NO.
05-988-59
DATED: August 2005
PART i1
GENERAL CLAUSES AND CONDITIONS
1. The Contractor shall provide all labor and goods necessary to perform the project. The Contractor shall
employ 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.
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. BEST BID EVALUATION: All bids received shall be evaluated based on the best value for the City. Best
value shall be determined by considering all or part of the criteria listed, as well as any relevant criteria
specifically listed in the solicitation.
4.1. Bid price
4.2. Reputation of the bidder and of bidder's goods and services.
4.3. The quality of the bidder's goods or services.
4.4. The extent to which the goods or services meet the City's needs
4.5. Bidder's past relationship with the City. All vendors shall 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, and/or late delivery.
5. 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.
6. 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.
6.1 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.
6.2 The City reserves the right to review the Vendor'sperformance 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.
6.3 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.
Page 2 of 9
SPECIFICATION NO.
05-988-59
DATED: August 2005
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.
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 licensinglaws 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, 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 shall 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. PACKAGE AND TRANSPORT: The Contractor shall bear the cost of providing container(s) and
transporting goods from City facilities unless otherwise provided.
14. DEFAULT: The contractor shall be in default under the Agreement if the Contractor (a) fails to make any
payment when due, (b) fails to fully, timely and faithfully perform any of its material obligations under the
Agreement, (c) fails to provide adequate assurance of performance under the "Right To Assurance"
paragraph, or (d) becomes insolvent or seeks relief under the bankruptcy laws of the United States.
15. INSURANCE: The Contractor shall procure and maintain at its sole cost and expense for the duration of the
contract 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.
Page 3 of 9
SPECIFICATION NO.
05-988-59
DATED: August 2005
15.1 Certificates of Insurance and endorsements shall be furnished to the City and approved by the City
before work commences.
15.2 The following standard insurance policies shall be required:
15.2.1 General Liability Policy
15.2.2 Automobile Liability Policy
15.2.3 Worker's Compensation Policy
15.3. The following general requirements are applicable to all policies:
153.1 Only insurance companies licensed and admitted to do business in the State of Texas
shall be accepted.
153.2 Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per
occurrence basis for property damage only.
1533 Claims made policies shall not be accepted, except for Professional Liability Insurance.
15.3.4 Upon request, certified copies of all insurance policies shall be furnished to the City
15.4 Policies shall include, but not limited to, the following minimum limits:
15.4.1 Minimum Bodily Injury Limits of $300,000.00 per occurrence.
15.4.2 Property Damage Insurance with minimum limits of $50,000.00 for each occurrence.
15.4.3 Automobile Liability Insurance for all owned, non -owned, and hired vehicles with minimum
limits for Bodily injury of $100,000.00 each person, and $300,000.00 for each occurrence,
and Property Damage Minimum limits of $50,000.00 for each occurrence.
15.4.4 Statutory Worker's Compensation Insurance and minimum $100,000.00 Employers
Liability insurance.
15.4.5 Coverage shall be maintained for two years minimum after the termination of the Contract.
15.5 The City shall be entitled, upon request, and without expense to receive copies of insurance policies
and all endorsements thereto and may make reasonable request for deletion, revision, or
modification of particular policy terms, conditions, limitations, or exclusions (except where policy
provisions are established by law or regulation binding either of the parties hereto or the underwriter
of any of such policies). Upon such request by the City,'the 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.
15.6 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:
15.6.1 Provide for an additional insurance endorsement clause declaring the Contractor's
insurance as primary.
15.6.2 Name the City and its officers, employees, and elected officials as additional insureds,
(as the interest of each insured may appear) as to all applicable coverage.
15.63 Provide thirty days notice to the City of cancellation, non -renewal, or material changes
15.6.4 Remove all language on the certificate of insurance indicating:
15.6.5 That the insurance company or agent/broker shall endeavor to notify the City; and,
Page 4 of 9
SPECIFICATION NO.
05-988-59
DATED: August 2005
15.6.6 Failure to do so shall impose no obligation of liability of any kind upon the company, its
agents, or representatives.
15.6.7 Provide for notice to the City at the addresses listed below by registered mail:
15.6.7.1 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.
15.6.7.2 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.
15.6.7.3 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
15.6.8 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.
15.7 All notices shall be mailed to the City at the following addresses:
Assistant City Manager City Attorney
City of Round Rock City of Round Rock
221 East Main Street 309 East Main Street
Round Rock, TX 78664-5299 Round Rock, TX 78664
15.8 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.
15.9 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.
16. 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.
Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -
insure issued by the Texas Workers' Compensation Commission, or a coverage agreement (TWCC-81,
TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the
person's or entity's employees providing services on a project, for the duration of the project.
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.
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
Page 5 of 9
SPECIFICATION NO.
05-988-59
DATED: August 2005
person has employees. This includes, without limitation, independent contractors, subcontractors, leasing
companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which
fumishes persons to provide services on the project. "Services" include, without limitation, providing, hauling,
or delivering equipment or materials, or providing labor, transportation, or other service related to a project.
"Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply
deliveries, and delivery of portable toilets..
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.
The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being awarded the
contract.
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.
The CONTRACTOR shall obtain from each person providing services on a project, and provide to the
OWNER:
A. 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
B. 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.
The CONTRACTOR shall retain all required certificates of coverage for the duration of the project and for
one year thereafter.
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.
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.
The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a
project, to:
A. 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;
B. 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;
Page 6 of 9
SPECIFICATION NO.
05-988-59
DATED: August 2005
C. 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;
D. obtain from each other person with whom it contracts, and provide to the CONTRACTOR:
1) a certificate of coverage, prior to the other person beginning work on the project; and
2) . a new certificate of coverage showing extension of coverage, prior to the end of the coverage
period, if the coverage period shown on the current certificate of coverage ends during the duration
of the project
E. retain all required certificates of coverage on file for the duration of the project and for one year
thereafter;
F. 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
G. 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.
The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor that
entities the Owner to declare the contract void if the Contractor does not remedy the breach within ten
calendar days after receipt of notice of breach from the owner.
17. 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.
18. VENUE: Both the City and the Contractor agree that venue for any litigation arising from a resulting
agreement shall lie in Williamson County.
19. INDEPENDENT CONTRACTOR: It is understood and agreed that the Contractor shall not be considered
an employee of the City. The Contractor shall not be within protection or coverage of the City's Worker'
Compensation insurance, Health Insurance, Liability Insurance or any other insurance that the City from
time to time may have in force and effect.
20. WARRANTY -PRICE: The contractor certifies that the prices in the submittal have been arrived at
independently without consultation, communication, or agreement for the purpose of restricting
competition, as to any matter relating to such prices with any other firm or with any competitor.
21. CREDIT: The Bidder shall upon request provide the City such financial information as the City may require
determining the credit worthiness of the Bidder, including but not limited to, annual reports and audited
financial statements.
Page 7 of 9
SPECIFICATION NO.
05-988-59
DATED: August 2005
PART III
SPECIFICATIONS
1. SCOPE: This specification describes an agreement for a Contractor to purchase the City's bulk mulch.
Successful vendor shall provide containers and haul the mulch from the center a minimum of 4 days per
week or as agreed, with the exception of Sundays.
2. BIDDER QUALIFICATIONS: The opening of a bid shall not be construed as the City's acceptance of such
bidder as qualified and responsible. The City reserves the right to reject any and all bids. All bidders shall
furnish the following information at a minimum:
2.1 References: Provide the name, address, telephone number and point of contact of at least three
firms that have utilized the same or similar service. References may be checked prior to award.
Any negative responses received may result in disqualification of bid.
2.2 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.
3. BID SUBMITTAL: Bids shall be constructed to include all costs relative to containment andtransportation
of bulk mulch within the specified time frame.
3.1 Bidders may be required to make oral presentations/interviews regarding their submittals. These
presentations/interviews provide an opportunity for the Bidder to clarify their submittal to ensure
mutual understanding of the services to be provided and the Bidder's approach to providing these
services.
4. SALE QUANTITY: The quantities shown on the IFB are estimates only. The Contractor shall purchase a
minimum of 15,000 CY or all that is available, which ever is the greater. In the event the Contractor declines
purchase on contracted mulch, the City may sell mulch elsewhere and the Contractor may be charged the
difference, if any.
5. LIMITATION OF LIABILITY: Goods are sold by the city on an "as -is, where -is" basis, unless otherwise
noted in the solicitation. The city disclaims all warranties, expressed or implied, as to the condition, quality,
or fitness of the goods, including, but not limited to warranties of merchantability or fitness for a particular
purpose. The city shall not be liable for any claim or cause of action related to or concerning the goods or
the solicitation.
6. SITE VISIT: Facility walk through and site inspection will be conducted for bidders to fully acquaint
themselves with the site conditions, as they exist for full comprehension of the facilities, difficulties and/or
restrictions attending the proposed project.
Date: August 19, 2005
Location: Recycling Center, 301 Deepwood, Round Rock, TX
Time: 2:00 — 4:00 PM
Contact: Emsud Horozovic @ 512-341-3350
7. SITE RESTRICTIONS
7.1 Contractor shall coordinate with City's Administrator on placement of containers and all restrictions
of site before contract commencement.
7.2 City Equipment: The Contractor shall not use any City owned equipment for use in its operation.
Page 8 of 9
SPECIFICATION NO.
05-988-59
DATED: August 2005
8. ORIENTATION OF CONTRACTOR: The City will provide an initial orientation to the Contractor within five
days after contract effective date to identify alt policies and operating procedures of the recycling center.
During this meeting, the Contractor shall provide the City with their recommendations for operation, best
locations to install or place Contractor's equipment and a start date (not to exceed 35 days from effective
date of contract) NOTE: It shall be the responsibility of the Contractor to familiarize personnel with
the site and site restrictions.
9. CONTRACTOR RESPONSIBILITIES: The Contractor shall agree to purchase and haul a minimum of
15,000 CY of mulch or quantities available, which ever is greater, during the 12 -month contract period and
any extensions thereafter. The Contractor shall:
9.1 Provide container(s), 80 CY minimum, for City to fill with mulch.
9.2 Haul mulch from City property at least four days a week using own personnel and equipment. Hauls
shall be during regular City business operation.
9.3 Purchase and haul the surplus mulch that has accumulated at the site, estimated 10,000 CY.
9.4 Check with City personnel to get receipt after each mulch pickup. Receipt shall indicate amount of
mulch received and require signature. See attached example.
9.5 Make payments to the City upon receipt of monthly invoice. See attached example.
10. CITY RESPONSIBILTIES:
10.1 Load mulch into containers.
10.2 Provide receipt for each haul.
10.3 Invoice Contractor the first of every month.
10.4 Communicate with Contractor when circumstances arise that require additional sale of bulk mulch.
11. CONTRACT ADMINISTRATOR: All work performed under this contract will be supervised and verified by
the City representative noted below.
Emsud Horozovic @ 512-341-3350
PART III
SERVICE AND PAYMENT
1. INVOICING: Contractor shall receive an invoice for payment monthly for quantities received within the
thirty -day period.
2. PAYMENT: Contractor shall submit payments to the City promptly upon receipt of invoice to the following
address:
City of Round Rock
Attn: Accounts Payable
221 East Main Street
Round Rock, TX78664-5299
Page 9 of 9
INVITATION FOR BID (iFB)
CITY OF ROUND ROCK PURCHASING OFFICE
221 E. Main Street
Round Rock, Texas 78664-5299
BIDS ARE DUE TO THE PURCHASING OFFICE
AT THE ABOVE ADDRESS BEFORE BID
OPENING TIME.
INVOICE TO:
City of Round Rock
Accounts Payable
221 East Main Street
Round Rock, Texas 78664
BiD F.O.B. DESTINATION
UNLESS OTHERWISE SPECIFIED BELOW
DESTINATION:
City of Round Rock
Recycle Center
301 Deepwoods Drive
Round Rock, Texas 78664
FACSIMILE RESPONSES
SHALL NOT SE ACCEPTED
SHOW BiD OPENING DATE & BID
NUMBER IN LOWER LEFT HAND
CORNER OF SEALED BID
ENVELOPE & SHOW RETURN
ADDRESS OF BIDDING FIRM.
AX ID NO:
LEGAL BUSINESS NAME 1
END NUMBER
BIDDING INFORMATION: SALE OF BULK MULCH
OPENING DATE: 05-033
8/30/2005 AT 3:00 PM
BID LOCATION: 221 E. Main Street, 1st Floor
Council Chambers, Round Rock, TX 786.
RETURN SiGNED ORIGINAL AND ONE COPY OF BID
BIDER ILMI L gut t
Failure to sign bid will bid
a1►
Print Name
SEE 1.7 0/4 BACK FOR INSTRUCTIONS:
C�bA Ct
ADDRESS: j _-- s- h.
ADDRESS, 1J e01. S
CONTACT: R Q -
TELEPHONE NO_:
-V2-- OW- 2311
CiDi()Li,1., ka-N
BUSINESS ENTITY TYPE:
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 Bkider, 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 05-988-59, dated August 2005 (9 pages).
3idder agrees to comply with alt conditions set forth below and on the reverse side of this IFB.
TEM # CLASS & ITEM
ESTIMATED QUANTITY
PRICE PER TOTAL ESTIMATED
CUBIC YARD PRICE
'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
as 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
ommunicated directly or indirectly, the bid made to any competitor or any other person engaged in such line of business."
REFERENCE SHEET
Please Complete and Return This Form with the Solicitation Response
SOLICITATION NUMBER: IFB 05-033 SALE OF BULK MULCH
BIDDER'S NAME: f \U i n iC CJ'c, Q S fprieS DATE: 57Z-9/05
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
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FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY
AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSERATION FROM AWARD.
Reference Sheet Page 3 of 3 Dated: 08/16/2005
SPECIFICATION NO.
05-988-59
DATED: August 2005
CITY OF ROUND ROCK
SALE OF BULK MULCH
PART 1
GENERAL
1. PURPOSE: The City seeks to establish an agreement with a Contractor to purchase and haul bulk mulch
daily from the City's Recycling Center.
2. HISTORY: The City currently offers brush recycling to residents and non-residents, which includes monthly -
brush collection from residential and commercial sites. A portion of this brush collection is ground into
mulch and provided to City Departments and residents at no cost. It is also estimated that the recycle
center will receive an average of 20,000 cubic yard (CY) of brush to be mulched each year. 5,000 CY of
this mulch will be reserved for the City and it's residents.
3. DEFINITIONS: The following definitions will be used for identified terms throughout the specification and
bid document:
3.1 Agreement —A mutually binding legal document obligating the Contractor to buy the goods and
obligating the City to provide the same.
3.2 Buyer as identified throughout this specification shall describe persons and entities that consider
themselves qualified to purchase goods from the City.
3.3 City— Identifies the City of Round Rock, Williamson and Travis Counties, Texas.
3.4 Contractor —A person or business enterprise that is buying supplies, materials or equipment from
the City as fulfillment of obligations arising from a solicitation and/or agreement.
3.5 Goods — Shall define supplies, material or equipment
3.6 Purchase Order —A mutually binding legal document obligating the Contractor to furnish the goods,
equipment or services, and obligating the City to pay for the same.
3.7 Subcontractor -Any person or business enterprise providing goods, equipment, labor, and/or
services to a Agreement or if such goods, equipment, labor, and/or services are procured or used in
fulfillment of the Contractor's obligations arising from a agreement with the City.
4. CLARIFICATION: For clarification of specifications, bidders shall contact:
Randy Barker
Purchasing Supervisor
City of Round Rock
Telephone: 512-218-3295
The individual listed above may be contacted by telephone or visited for clarification of the specifications
only. No authority is intended or implied that specifications may be amended or alterations accepted prior
to bid opening without written approval of the City of Round Rock through the Purchasing Division.
Page 1 of 9
SPECIFICATION NO.
05-988-59
DATED: August 2005
PART II
GENERAL CLAUSES AND CONDITIONS
1. The Contractor shall provide all labor and goods necessary to perform the project. The Contractor shall
employ 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.
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. BEST BID EVALUATION: All bids received shall be evaluated based on the best value for the City. Best
value shall be determined by considering all or part of the criteria listed, as well as any relevant criteria
specifically listed in the solicitation.
4.1. Bid price
4.2. Reputation of the bidder and of bidder's goods and services.
4.3. The quality of the bidder's goods or services.
4A. The extent to which the goods or services meet the City's needs
4.5. Bidder's past relationship with the City. All vendors shall 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, and/or late delivery.
5. 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.
6. 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.
6.1 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.
6.2 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.
6.3 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.
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SPECIFICATION NO.
05-988-59
DATED: August 2005
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.
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, 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 shall 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. PACKAGE AND TRANSPORT: The Contractor shall bear the cost of providing container(s) and
transporting goods from City facilities unless otherwise provided.
14. DEFAULT: The contractor shall be in default under the Agreement if the Contractor (a) fails to make any
payment when due, (b) fails to fully, timely and faithfully perform any of its material obligations under the
Agreement, (c) fails to provide adequate assurance of performance under the "Right To Assurance"
paragraph, or (d) becomes insolvent or seeks relief under the bankruptcy laws of the United States.
15. INSURANCE: The Contractor shall procure and maintain at its sole cost and expense for the duration of the
contract 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.
Page 3 of 9
SPECIFICATION NO.
05-988-59
DATED: August 2005
15.1 Certificates of Insurance and endorsements shall be furnished to the City and approved by the City
before work commences.
15.2 The following standard insurance policies shall be required:
15.2.1 General Liability Policy
15.2.2 Automobile Liability Policy
15.2.3 Worker's Compensation Policy
15.3 The following general requirements are applicable to all policies:
153.1 Only insurance companies licensed and admitted to do business in the State of Texas
shall be accepted.
153.2 Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per
occurrence basis for property damage only.
153.3 Claims made policies shall not be accepted, except for Professional Liability Insurance.
15.3.4 Upon request, certified copies of all insurance policies shall be furnished to the City
15.4 Policies shall include, but not limited to, the following minimum limits:
15.4.1 Minimum Bodily Injury Limits of $300,000.00 per occurrence.
15.4.2 Property Damage Insurance with minimum limits of $50,000.00 for each occurrence.
15.4.3 Automobile Liability Insurance for all owned, non -owned, and hired vehicles with minimum
limits for Bodily Injury of $100,000.00 each person, and $300,000.00 for each occurrence,
and Property Damage Minimum limits of $50,000.00 for each occurrence.
15.4.4 Statutory Worker's Compensation Insurance and minimum $100,000.00 Employers
Liability Insurance.
15.4.5 Coverage shall be maintained for two years minimum after the termination of the Contract.
15.5 The City shall be entitled, upon request, and without expense to receive copies of insurance policies
and all endorsements thereto and may make reasonable request for deletion, revision, or
modification of particular policy terms, conditions, limitations, or exclusions (except where policy
provisions are established by law or regulation binding either of the parties hereto or the underwriter
of any of such policies). Upon such request by the City, the 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.
15.6 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:
15.6.1 Provide for an additional insurance endorsement clause declaring the Contractor's
insurance as primary.
15.6.2 Name the City and its officers, employees, and elected officials as additional insureds,
(as the interest of each insured may appear) as to all applicable coverage.
15.6.3 Provide thirty days notice to the City of cancellation, non -renewal, or material changes
15.6.4 Remove all language on the certificate of insurance indicating:
15.6.5 That the insurance company or agent/broker shall endeavor to notify the City; and,
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SPECIFICATION NO.
05-988-59
DATED: August 2005
15.6.6 Failure to do so shall impose no obligation of liability of any kind upon the company, its
agents, or representatives.
15.6.7 Provide for notice to the City at the addresses listed below by registered mail: -
15.6.7.1 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.
15.6.7.2 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.
15.6.7.3 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
15.6.8 Contractor shall notify the City in the event of any change in coverage and shad give
such notices not fess than thirty days prior notice to the change, which notice shall be
accomplished by a replacement Certificate of insurance.
15.7 All notices shall be mailed to the City at the following addresses:
Assistant City Manager City Attorney
City of Round Rock City of Round Rock
221 East Main Street 309 East Main Street
Round Rock, TX 78664-5299 Round Rock, TX 78664
15.8 Approval, disapproval, or failure to act by the City regarding any insurance supplied by the
Contractor shalt 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.
15.9 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.
16. 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.
Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -
insure issued by the Texas Workers' Compensation Commission, or a coverage agreement (TWCC-81,
TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the
person's or entity's employees providing services on a project, for the duration of the project.
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.
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
Page 5 of 9
SPECIFICATION NO.
05-988-59
DATED: August 2005
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.
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.
The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being awarded the
contract.
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.
The CONTRACTOR shall obtain from each person providing services on a project, and provide to the
OWNER:
A. 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
B. 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.
The CONTRACTOR shall retain all required certificates of coverage for the duration of the project and for
one year thereafter.
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.
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.
The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a
project, to:
A. 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;
B. provide to the CONTRACTOR, prior to that person beginning work on the project, a certificate of
coverage showing that coverage is being provided for ail employees of the person providing services on
a project, for the duration of the project;
Page 6 of 9
SPECIFICATION NO.
05-988-59
DATED: August 2005
C. 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;
D. obtain from each other person with whom it contracts, and provide to the CONTRACTOR:
1) a certificate of coverage, prior to the other person beginning work on the project; and
2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage
period, if the coverage period shown on the current certificate of coverage ends during the duration
of the project
E. retain all required certificates of coverage on file for the duration of the project and for one year
thereafter;
F. 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
G. contractually require each person with whom it contracts, to perform as required by paragraphs (A
thn► G), with the certificates of coverage to be provided to the person for whom they are providing
services.
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.
17. 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.
18. VENUE: Both the City and the Contractor agree that venue for any litigation arising from a resulting
agreement shall lie in Williamson County.
19. INDEPENDENT CONTRACTOR: It is understood and agreed that the Contractor shall not be considered
an employee of the City. The Contractor shall not be within protection or coverage of the City's Worker'
Compensation insurance, Health insurance, Liability Insurance or any other insurance that:the City from
time to time may have in force and effect.
20. WARRANTY PRICE: The contractor certifies that the prices in the submittal have been arrived at
independently without consultation, communication, or agreement for the purpose of restricting
competition, as to any matter relating to such prices with any other firm or with any competitor.
21. CREDIT: The Bidder shall upon request provide the City such financial information as the City may require
determining the credit worthiness of the Bidder, including but not limited to, annual reports and audited
financial statements.
Page 7 of 9
1.
SPECIFICATION NO.
05-988-59
DATED: August 2005
PART III
SPECIFICATIONS
SCOPE: This specification describes an agreement for a Contractor to purchase the City's bulk mulch.
Successful vendor shall provide containers and haul the mulch from the center a minimum of 4 days per
week or as agreed, with the exception of Sundays.
2. BIDDER QUALIFICATIONS: The opening of a bid shall not be construed as the City's acceptance of such
bidder as qualified and responsible. The City reserves the right to reject any and alt bids. All bidders shall
furnish the following information at a minimum:
2.1 References: Provide the name, address, telephone number and point of contact of at least three
firms that have utilized the same or similar service. References may be checked prior to award.
Any negative responses received may result in disqualification of bid.
2.2 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.
3. BID SUBMITTAL: Bids shall be constructed to include all costs relative to containment and transportation
of bulk mulch within the specified time frame.
3.1 Bidders may be required to make oral presentations/interviews regarding their submittals. These
presentations/interviews provide an opportunity for the Bidder to clarify their submittal to ensure
mutual understanding of the services to be provided and the Bidder's approach to providing these
services.
4. SALE QUANTITY: The quantities shown on the IFB are estimates only. The Contractor shall purchase a
minimum of 15,000 CY or all that is available, which ever is the greater. In the event the Contractor declines
purchase on contracted mulch, the City may sell mulch elsewhere and the Contractor may be charged the
difference, if any.
5. LIMITATION OF LIABILITY: Goods are sold by the city on an "as -is, where -is" basis, unless otherwise
noted in the solicitation. The city disclaims all warranties, expressed or implied, as to the condition, quality,
or fitness of the goods, including, but not limited to warranties of merchantability or fitness for a particular
purpose. The city shall not be liable for any claim or cause of action related to or concerning the goods or
the solicitation.
6. SITE ViSIT: Facility walk through and site inspection will be conducted for bidders to fully acquaint
themselves with the site conditions, as they exist for full comprehension of the facilities, difficulties and/or
restrictions attending the proposed project.
Date: August 19, 2005
Location: Recycling Center, 301 Deepwood, Round Rock, TX
Time: 2:00 — 4:00 PM
Contact: Emsud Horozovic @ 512-341-3350
7. SITE RESTRICTIONS
7.1 Contractor shall coordinate with City's Administrator on placement of containers and all restrictions
of site before contract commencement.
7.2 City Equipment: The Contractor shall not use any City owned equipment for use in its operation.
Page 8 of 9
SPECIFICATION NO.
05-988-59
DATED: August 2005
8. ORIENTATION OF CONTRACTOR: The City will provide an initial orientation to the Contractor within five
days after contract effective date to identify all policies and operating procedures of the recycling center.
During this meeting, the Contractor shall provide the City with their recommendations for operation, best
locations to install or place Contractor's equipment and a start date (not to exceed 35 days from effective
date of contract) NOTE: It shall be the responsibility of the Contractor to familiarize personnel with
the site and site restrictions.
9. CONTRACTOR RESPONSIBILITIES: The Contractor shall agree to purchase and haul a minimum of
15,000 CY of mulch or quantities available, which ever is greater, during the 12 -month contract period and
any extensions thereafter. The Contractor shall:
9.1 Provide container(s), 80 CY minimum, for City to fill with mulch.
9.2 Haul mulch from City property at least four days a week using own personnel and equipment. Hauls
shall be during regular City business operation.
9.3 Purchase and haul the surplus mulch that has accumulated at the site, estimated 10,000 CY.
9.4 Check with City personnel to get receipt after each mulch pickup. Receipt shall indicate amount of
mulch received and require signature. See attached example.
9.5 Make payments to the City upon receipt of monthly invoice. See attached example.
10. CITY RESPONSIBILTiES:
10.1 Load mulch into containers.
10.2 Provide receipt for each haul.
10.3 Invoice Contractor the first of every month.
10.4 Communicate with Contractor when circumstances arise that require additional sale of bulk mulch.
11. CONTRACT ADMINISTRATOR: All work performed under this contract will be supervised and verified by
the City representative noted below.
Emsud Horozovic @ 512-341-3350
PARTIII
SERVICE AND PAYMENT
1. INVOICING: Contractor shall receive an invoice for payment monthly for quantities received within the
thirty -day period.
2. PAYMENT: Contractor shall submit payments to the City promptly upon receipt of invoice to the following
address:
City of Round Rock
Attn: Accounts Payable
221 East Main Street
Round Rock, TX78664-5299
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