R-06-05-11-13D2 - 5/11/2006RESOLUTION NO. R -06-05-11-13D2
WHEREAS, the City of Round Rock has duly advertised for bids for
the removal and application of thermoplastic pavement markings, and
WHEREAS, United Rentals Highway Technologies, L.P. has submitted
the lowest responsible bid, and
WHEREAS, the City Council wishes to accept the bid of United
Rentals Highway Technologies, L.P., 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 the Removal and Application of
Thermoplastic Pavement Markings with United Rentals Highway
Technologies, L.P., a copy of said Agreement being attached hereto as
Exhibit "A" and incorporated herein.
The City Council hereby finds and declares that written notice of
the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to the
public as required by law at all times during which this Resolution and
the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas
Government Code, as amended.
RESOLVED this llth day of May, 2006.
ST:
R.'0
W L, ayor
City of Round Rock, Texas
CHRISTINE R. MARTINEZ, City Secret
@PFDesktop\::ODMA/WORLDOX/O:/WDOX/RESOLUTI/R60511D2.WPD/Sc
y
CITY OF ROUND ROCK
AGREEMENT FOR REMOVAL AND APPLICATION % Lp
OF THERMOPLASTIC PAVEMENT MARKINGS WITH
UNITED RENTALS HIGHWAY TECHNOLOGIES, L.P.
THE STATE OF TEXAS
CITY OF ROUND ROCK
COUNTY OF WILLIAMSON
KNOW ALL BY THESE PRESENTS:
That this Agreement for purchase of removal and application of reflectorized
thermoplastic pavement markings (referred to herein as the "Agreement") is made and entered
into on this the day of the month of , 2006, 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 UNITED RENTALS
HIGHWAY TECHNOLOGIES, L.P., a Texas limited partnership whose offices are located at
12909 Dessau Road, Austin, Texas 78754 (referred to herein as the "Vendor"). This Agreement
supersedes and replaces any previous agreement between the named parties, whether oral or
written, and whether or not established by custom and practice.
RECITALS:
WHEREAS, City desires to purchase removal and application of reflectorized
thermoplastic pavement markings from Vendor; and
WHEREAS, City has issued its "Invitation for Bid" for City to provide said goods and
services, and City has selected the Bid submitted by Vendor; and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights, duties, and obligations;
NOW, THEREFORE:
WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
mutually agree as follows:
1.01 DEFINITIONS
A. Agreement means the binding legal contract between City and Vendor whereby
Vendor is obligated to furnish specified goods, equipment and/or services, and City is obligated
00097766/j kg
1
EXHIBIT
"A"
to pay for said goods, equipment and/or services. The instant Agreement includes the following:
(a) City's Invitation for Bid designated as IFB 06-014, Specification Number 99-968-61-01
revised January 2006; (b) Vendor's Response to IFB; (c) the contract award; and (d) any
exhibits, addenda, and/or amendments thereto.
Any inconsistencies or conflicts in the contract documents shall be resolved by giving
preference in the following order:
This Agreement;
Purchaser's Response to IFB;
City's Invitation for Bids, exhibits, and attachments.
B. City means the City of Round Rock, Williamson and Travis Counties, Texas.
C. DACS means City's Design and Construction Standards (DACS) for building,
drainage, transportation and utilities dated January 1, 2005 and any subsequent revisions thereto.
D. Effective Date means the date upon which the binding signatures of both parties
to this Agreement are affixed.
E. 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.
F. Goods mean the specified services, supplies, materials, or equipment.
G. Linear Foot means the measurement of a 12" L x 4" W area for all items
specified.
H. Purchase Order means an order placed by the Purchasing Department for the
purchase of goods or services, written on City's standard Purchase Order form, which when
accepted by Vendor becomes an agreement. The Purchase Order is Vendor's authority to deliver
and invoice City for goods or services specified, and is City's commitment to accept the goods or
services for an agreed-upon price.
I. Subcontractor means any person or business enterprise providing goods,
equipment, labor, and/or services to Vendor if such goods, equipment, labor, and/or services are
procured or used in fulfillment of Vendor's obligations arising from an agreement with City.
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J. Test Method means the Texas Department of Transportation Test Method.
K. TxDOT means the Texas Department of Transportation.
L. TxDOTSS means the Texas Department of Transportation Standard
Specifications for Construction of Highways, Streets and Bridges.
M. Vendor means United Rentals Highway Technologies, L.P., or any of its
successors or assigns.
2.01 EFFECTIVE DATE, DURATION, AND TERM
A. This Agreement shall be effective on the date it has been signed by both parties
hereto, and shall remain in full force and effect unless and until it expires by operation of the
term stated herein, or until terminated or extended as provided herein.
B. The term of this Agreement shall be for five (5) consecutive twelve (12) month
periods from the effective date. Prices shall be firm for the duration of the terms of this
Agreement, except as otherwise provided for herein. This Agreement may be renewed for two
(2) additional periods not to exceed twelve (12) months for each renewal, only upon the express
written agreement of both parties and only provided Vendor has performed each and every
contractual obligation specified in this Agreement.
C. City reserves the right to review Vendor's performance at any time during the
initial agreement period or any renewal periods, and may elect to terminate this Agreement with
or without cause or may elect to continue.
3.01 CONTRACT DOCUMENTS AND EXHIBITS
City selected Vendor to supply the goods and services as outlined in IFB 06-014,
Specification Number 99-968-61-01 revised January 2006, Bid Addendum No. 1 issued
February 6, 2006, and Response to IFB submitted by Vendor, all as specified in Exhibit "A"
attached hereto and made a part hereof for all purposes. The intent of these documents is to
formulate an Agreement listing the responsibilities of both parties as outlined in the IFB and as
offered by Vendor in its Response to the IFB.
The goods and services which are the subject matter of this Agreement are described in
Exhibit "A" and, together with this Agreement, comprise the total Agreement and they are as
fully a part of this Agreement as if repeated herein in full.
4.01 ITEMS AWARDED
All bid items on Exhibit "A" are awarded to Vendor.
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5.01 COSTS; ESTIMATED QUANTITIES; PRICE AND PRICE ADJUSTMENTS
A. Bid costs listed on Exhibit "A" shall be the basis of any charges collected by
Vendor.
B. The quantities shown are estimates for a twelve-month period only. No guarantee
of any minimum or maximum purchase is made or implied. City will order only the amounts
needed to satisfy operating requirements, which may be more or less than indicated. City
estimates quantities to increase approximately twenty-five percent (25%) per each twelve-month
period. City reserves the right to increase or decrease order quantities as needed.
C. The contract price bid shall be firm for the duration of the contract and extension
periods except as follows: City may permit "unit price" adjustments upwards only as a result of
a cost increase in goods or services in accordance with the Producers Price Index located at
http://stats.bls.gov/ppi/home.htm. Any price increase shall be requested by Vendor in writing
and accompanied by appropriate documentation to justify the increase. Vendor may offer price
decreases in excess of the allowable percentage change. No separate line item charges shall be
permitted for bidding or invoicing purposes, which shall include equipment rental, demurrage,
costs associated with obtaining permits, or any other extraneous charges.
6.01 INVOICES
All invoices shall include, at a minimum, the following information:
A. Name and address of Vendor;
B. Purchase Order Number;
C. Description and quantity of items received; and
D. Delivery dates.
7.01 NON -APPROPRIATION AND FISCAL FUNDING
This Agreement is a commitment of City's current revenues only. It is understood and
agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year
if the governing body of City does not appropriate funds sufficient to purchase the services as
determined by City's budget for the fiscal year in question. City may effect such termination by
giving Vendor a written notice of termination at the end of its then -current fiscal year.
8.01 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to
Vendor will be made within thirty (30) days of the day on which City receives the performance,
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supplies, materials, equipment, and/or deliverables, or within thirty (30) days of the day on
which the performance of services was complete, or within thirty (30) days of the day on which
City receives a correct invoice for the performance and/or deliverables or services, whichever is
later. Vendor may charge a late fee of one percent (1%) for payments not made in accordance
with this Prompt Payment Policy; however, this Policy does not apply to payments made by City
in the event:
A. There is a bona fide dispute between City and Vendor concerning the supplies,
materials, or equipment delivered or the services performed which causes the
payment to be late; or
B. The terms of a federal contract, grant, regulation, or statute prevent City from
making a timely payment with federal funds; or
C. There is a bona fide dispute between any of the parties and subcontractors or
between a subcontractor and its suppliers concerning supplies, materials, or
equipment delivered or the services performed which causes the payment to be
late; or
D. Invoices are not mailed to City in strict accordance with instructions, if any, on
the purchase order or the Agreement or other such contractual agreement.
9.01 GRATUITIES AND BRIBES
City may, by written notice to Vendor, cancel this Agreement without liability if it is
determined by City that gratuities or bribes in the form of entertainment, gifts, or otherwise were
offered or given by Vendor or its agents or representatives to any City officer, employee or
elected representative with respect to the performance of this Agreement. In addition, Vendor
may be subject to penalties stated in Title 8 of the Texas Penal Code.
10.01 TAXES
City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be
included in Vendor's charges.
11.01 ORDERS PLACED WITH ALTERNATE VENDORS
If Vendor cannot provide the goods and services as specified, City reserves the right and
option to obtain same from other suppliers or sources.
12.01 INSURANCE
Vendor shall meet all requirements as stated in the attached Invitation for Bid No. 06-014
and its bid response.
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13.01 CITY'S REPRESENTATIVE
City hereby designates the following representative(s) authorized to act in its behalf with
regard to this Agreement:
Todd A. Keltgen
City of Round Rock Transportation Services Operations Manager
212 Commerce Cove
Round Rock, Texas 78664
512-218-5562
toddk@round-rock.tx.us
14.01 RIGHT TO ASSURANCE
Whenever either party to this Agreement, in good faith, has reason to question the other
party's intent to perform hereunder, then demand may be made to the other party for written
assurance of the intent to perform. In the event that no written assurance is given within the
reasonable time specified when demand is made, then and in that event, the demanding party
may treat such failure as an anticipatory repudiation of this Agreement.
15.01 DEFAULT
If Vendor abandons or defaults under this Agreement and is a cause of City purchasing
the specified goods and services elsewhere, Vendor agrees that it may be charged the difference
in cost, if any, and that it will not be considered in the re -advertisement of the service and that it
may not be considered in future bids for the same type of work unless the scope of work is
significantly changed.
Vendor shall be declared in default of this Agreement if it does any of the following:
A. Fails to make any payment in full when due;
B. Fails to fully, timely and faithfully perform any of its material obligations
under this Agreement;
C. Fails to provide adequate assurance of performance under the "Right to
Assurance" section herein; or
D. Becomes insolvent or seeks relief under the bankruptcy laws of the United
States.
16.01 TERMINATION AND SUSPENSION
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A. City has the right to terminate this Agreement, in whole or in part, for
convenience and without cause, at any time upon thirty (30) days' written notice to Vendor.
B. In the event of any default by Vendor, City has the right to terminate this
Agreement for cause, upon ten (10) days' written notice to Vendor.
C. Vendor has the right to terminate this Agreement for cause, that being in the event
of a material and substantial breach by City, by providing the City with one hundred twenty
(120) days' written notice prior to termination of the Agreement; and in the event of such written
notice of termination, Vendor shall continue services for a period of time not to exceed one
hundred twenty (120) days after written notification. Termination under this subsection (C) of
Section 16.01 shall not relieve Vendor of any obligation or liability that has occurred prior to
cancellation.
D. In the event City terminates under subsections (A) or (B) of this Section 16.01,
the following shall apply: Upon City's delivery of the referenced notice to Vendor, Vendor shall
discontinue all services in connection with the performance of this Agreement and shall proceed
to cancel promptly all existing orders and contracts insofar as such orders and contracts are
chargeable to this Agreement. Within thirty (30) days after such notice of termination, Vendor
shall submit a statement showing in detail the goods and/or services satisfactorily performed
under this Agreement to the date of termination. City shall then pay Vendor that portion of the
charges, if undisputed. The parties agree that Vendor is not entitled to compensation for services
it would have performed under the remaining term of the Agreement except as provided herein.
17.01 INDEMNIFICATION
Vendor shall defend (at the option of City), indemnify, and hold City, its successors,
assigns, officers, employees and elected officials harmless from and against all suits, actions,
legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and any and all
other costs or fees arising out of, or incident to, concerning or resulting from the fault of Vendor,
or Vendor's agents, employees or subcontractors, in the performance of Vendor's obligations
under this Agreement, no matter how, or to whom, such loss may occur. Nothing herein shall be
deemed to limit the rights of City or Vendor (including, but not limited to the right to seek
contribution) against any third party who may be liable for an indemnified claim.
18.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES
Vendor, its agents, employees and subcontractors shall use best efforts to comply with all
applicable federal and state laws, the Charter and Ordinances of the City of Round Rock, as
amended, and with all applicable rules and regulations promulgated by local, state and national
boards, bureaus and agencies.
19.01 ASSIGNMENT AND DELEGATION
The parties each bind themselves, their successors, assigns and legal representatives to
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each other with respect to the terms of this Agreement. A party shall neither assign, sublet nor
transfer any interest in this Agreement without prior written authorization of the other party.
20.01 NOTICES
All notices and other communications in connection with this Agreement shall be in
writing and shall be considered given as follows:
1. When delivered personally to recipient's address as stated in this Agreement; or
2. Three (3) days after being deposited in the United States mail, with postage
prepaid to the recipient's address as stated in this Agreement.
Notice to Vendor:
United Rentals Highway Technologies, L.P.
Attention: Bart Lindholm
12909 Dessau Road
Austin, Texas 78754
Notice to City:
David Kautz
Assistant 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
Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of City and Vendor.
21.01 APPLICABLE LAW; ENFORCEMENT AND VENUE
This Agreement shall be enforceable in Round Rock, Texas, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or conditions
herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be
governed by and construed in accordance with the laws and court decisions of the State of Texas.
22.01 EXCLUSIVE AGREEMENT
This document, and all appended documents, constitutes the entire Agreement between
Vendor and City. This Agreement may only be amended or supplemented by mutual agreement
of the parties hereto in writing.
23.01 DISPUTE RESOLUTION
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If a dispute or claim arises under this Agreement, the parties agree to first try to resolve
the dispute or claim by appropriate internal means, including referral to each party's senior
management. If the parties cannot reach a mutually satisfactory resolution, then and in that event
any such dispute or claim will be sought to be resolved with the help of a mutually selected
mediator. If the parties cannot agree on a mediator, City and Vendor shall each select a mediator
and the two mediators shall agree upon a third mediator. Any costs and fees, other than attorney
fees, associated with the mediation shall be shared equally by the parties.
City and Vendor hereby expressly agree that no claims or disputes between the parties
arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration
proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9
USC Section 1-14) or any applicable state arbitration statute.
24.01 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion or provision of this Agreement void shall in no
way affect the validity or enforceability of any other portion or provision of this Agreement. Any
void provision shall be deemed severed from this Agreement, and the balance of this Agreement
shall be construed and enforced as if this Agreement did not contain the particular portion or
provision held to be void. The parties further agree to amend this Agreement to replace any
stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision. The provisions of this section shall not prevent this entire Agreement from
being void should a provision, which is of the essence of this Agreement, be determined void.
25.01 MISCELLANEOUS PROVISIONS
Standard of Care. Vendor represents that it employs trained, experienced and
competent persons to perform all of the services, responsibilities and duties specified herein and
that such services, responsibilities and duties shall be performed in a manner according to
generally accepted industry practices.
Time is of the Essence. Vendor understands and agrees that time is of the essence and
that any failure of Vendor to fulfill obligations for each portion of this Agreement within the
agreed timeframes will constitute a material breach of this Agreement. Vendor shall be fully
responsible for its delays or for failures to use best efforts in accordance with the terms of this
Agreement. Where damage is caused to City due to Vendor's failure to perform in these
circumstances, City may pursue any remedy available without waiver of any of City's additional
legal rights or remedies.
Force Majeure. Neither City nor Vendor shall be deemed in violation of this Agreement
if it is prevented from performing any of its obligations hereunder by reasons for which it is not
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.
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Multiple Counterparts. This Agreement may be executed in multiple counterparts, any
one of which shall be considered an original of this document; and all of which, when taken
together, shall constitute one and the same instrument.
IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates
indicated.
CITY OF ROUND ROCK, TEXAS
UNITED RENTALS HIGHWAY
TECHNOLOGIES, L.P.,
a Texas limited partnership
By: By:
Title: Title: i"xclACi, Pktrwie
Printed Name: Printed Name: - rA e t
Date Signed: Date Signed: 4hAoij;
ATTEST:
Christine R. Martinez, City Secretary
FOR CITY, APPROVED AS TO FORM:
Stephan L. Sheets, City Attorney
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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 78664-5299
BID F.O.B. DESTINATION, FREIGHT PREPAID AND
ALLOWED UNLESS OTHERWISE SPECIFIED BELOW
INVITATION FOR BID (IFB)
CITY OF ROUND ROCK PURCHASING OFFICE
221 E. Main Street
Round Rock, Texas 78664-5299
FACSIMILE RESPONSES
SHALL NOT BE ACCEPTED
SHOW BID OPBTING DATE 6
BID NUMBER IN LOWER LEFT
HAND CORNER OF SEALED BID
ENVELOPE & SHOW RETURN
ADDRESS OF BIDDING FIRM.
p60308
BIDDING INFORMATION: Thermoplastic Pavement Markin
BID NUMBER 06-014
OPENING DATE: 2/14/2006 at 3:00 P.M.
BID LOCATION: 221 E. Main Street, Council Chambers,
Round Rock, TX 778664
RETURN SIGNED ORIGINAL AND ONE COPY OF BID
BIDDER SHALL SIGN BEL
Failure to
ualify bid
Authorized Signature
frill Lind holm
—f irk V
Date
DESTINATION:
See 1.7 of Bidding Instructions on page 2
/'
TAX ID NO.: 0(o ' f rO oLi-coq
City of Round Rock
LEGAL BUSINESS NAME: u nifc d Keil jztI S hHi h„ r
` ` • , real GP
Various Locations
ADDRESS: 12.9 09 DPSSct a Pci . `��/1 � NJ n alc4iPS1
ADDRESS_ 1 7x " 753754 ._
CONTACT: &Lr it Li rid h O l /1'1
TELEPHONE NO.: 51219,9_0- 9 5,
_ _ p2.5'
BUSINESS ENTITY TYPE: Li in r ffd f a r i e.v h LP
"By the signature hereon affixed. the bidder hereby certifies tha 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."
Bidder agrees to comply with all conditions set forth in this IFB.
This is for an agreement for five 12 -month periods with two 12 -month renewal periods for the removal of pavement markings, surface preparation and
marking pavement in accordance with specification No. 99-968-61-01, dated 12-2005 (10 pgs)
The quantities shown are estimates for a twelve month period only. No guarantee of any minimum or maximum purchase is made or implied. The City will
only order the amount needed to satisfy operating requirements. Note: The City reserves the right to increase or decrease order quantities as needed.
BID SHEET
ITEM 1
1
CLASS & ITEM DESCRIPTION
MACHINE APPLIED: New Pavement Markings to include an
estimated 100 arrows, 150 stopbars, 100 cross walks. All markings
shall be measured in Linear Feet.
QTY
109,000
UNIT
LF
UNIT PRICE
, 20 fir`
EXTENSION
21)96c),04)
2
HAND APPLIED: New Pavement Markings to include an estimated
100 arrows, 150 stopbars, 100 cross walks. All markings shall be
measured in Linear Feet.
35,000
LF
e U v
4 4
Z 00° .411
3
Marking Elimination
30,000
LF
` 6 0
r
$11 6, ooG1.00
4
Surface preparation for markings
15,000
LF
t 10
$ f 50c Lod
GRAND TOTAL
>ti (0 ,a)
DELIVERY IN 3
DAYS
Bid Sheet
EXHIBIT
Page 1 of 3
BIDDING INSTRUCTIONS
CO 60308 -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 extensions. 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 retumed to bidder unopened. Late bids will 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 ff eamed.
1.7 Bids shall give Tax Identification Number, full name and address of bidder. Failure to sign will disqualify bid. Person signing bid shall 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/Trust, Corporation, Govemmental. 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 late. 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 Government 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 fumish 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 Manufacturers 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 required to place material in Citys 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 suppliers 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 claims involving 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 alt
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 rnay 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.
Bidder Instructions
Page 2 of 3 Rev.: 04-04-05
REFERENCE SHEET
co 50308 -1
Please Complete and Return This Form with the Solicitation Response
SOLICITATION NUMBER: IFB 06-014 - Thermoplastic Pavement Markings p
BIDDER'S NAME: t.k3 ��YI P,IS -��C►'YIOLOj I L aT ` DATE: 21 I 0(e
Provide the name, address, telephone number and point of contract of at least three firms that have utilized similar service for at least 2
year. 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
Present Address
City, State, Zip Code
Telephone Number
2. Company's Name
Name of Contact
Title of Contact
Present Address
City, State, Zip Code
Telephone Number
3. Company's Name
Name of Contact
Title of Contact
Present Address
City, State, Zip Code
Telephone Number
4. Company's Name
Name of Contact
Title of Contact
Present Address
City, State, Zip Code
Telephone Number
5. Company's Name
Name of Contact
Title of Contact
Present Address
City, State, Zip Code
Telephone Number
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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: 05/2005
INVITATION FOR BID ADDENDUM
PURCHASING OFFICE
CITY OF ROUND ROCK, TEXAS
IFB No. 06-014 Addendum No. 1 Date of Addendum: February 6, 2006
The Above Invitation For Bid (IFB) has been changed to include the following:
1. Extension of Bid Opening date to Tuesday, February 14, 2006.
IFB, Page 1 of 3
2. Revision of Bid Form: Please revise Item #1 to include "MACHINE APPLIED" and revise
estimated linear footage to 109,000 LF.
IFB, Page 1 of 3
3. Revision of Bid Form: Please revise Item #2 to include "HAND APPLIED" and revise
estimated linear footage to 35,000 LF.
IFB, Page 1 of 3
4. Revision of Bid Form: Please revise Item #3 to "Marking Elimination" and revise estimated
linear footage to 30,000 LF.
IFB, Page 1 of 3
5. Revision of Bid Form: Please add Item #4 to include "SURFACE PREPARATION FOR
MARKINGS" and add estimated linear footage of 15,000 LF.
IFB, Page 1 of 3
All other terms and conditions of this IFB and specifications remain unchanged.
Approved by
By the signatures affixed below, Addendum No. 1 is hereby incorporated into and made a part
of the above referenced Invitation For Bid.
ACKNOWLE9tGED
4iVeniket is 141-
Vendor
dor Authorized Signature
2-( 11/0 V
Date
RETURN ONE COPY OF THIS ADDENDUM TO THE PURCHASING OFFICE, CITY OF
ROUND ROCK WITH YOUR SEALED BID. FAILURE TO DO SO MAY CONSTITUE
GROUNDS FOR REJECTION OF YOUR BID.
CO 60308
SPECIFICATION NO.
99-968-61-01
REVISED: JAN 2006
CITY OF ROUND ROCK
THERMOPLASTIC PAVEMENT MARKINGS
1. PURPOSE: The City seeks to establish a multiple year Agreement with a responsible bidder that has the
means and ability to provide all equipment, material and labor for the application and removal of reflectorized
pavement markings throughout the Agreement year and any extensions.
2. DEFINITIONS: The following definitions will be used for identified terms throughout the specification and bid
document:
2.1. Agreement — A mutually binding legal document obligating the Contractor to furnish the goods,
equipment or service, and obligating the City to pay for it.
2.2. Bidder identified throughout this specification shall describe persons and entities that consider
themselves qualified to provide goods, equipment or service.
2.3. City — Identifies the City of Round Rock, Williamson & Travis County, Texas.
2.4. DACS - The City of Round Rock's Design and Construction Standards (DACS) for building, drainage,
transportation and utilities, dated January 1, 2005 or latest revision
2.5. Goods represent materials, supplies, commodities and equipment.
2.6. Linear Foot — Measures a 12"L X 4"W area for all items specified.
2.7.
Purchase Order - is an order placed by the Purchasing Office for the purchase of Goods or Services
written on the City's standard Purchase Order form and which, when accepted by the Bidder, becomes
an Agreement. The Purchase Order is the Bidder's authority to deliver and invoice the City for Goods
or Services specified, and the City's commitment to accept the Goods or Services for an agreed upon
price.
2.8. Services - work performed to meet a demand. The furnishing of labor, time, or effort by the vendor
and their ability to comply with promised delivery dates, specification and technical assistance
specified.
2.9. Subcontractor - Any person or business enterprise providing goods, labor, and/or services to a Vendor
if such goods, equipment, labor, and/or services are procured or used in fulfillment of the Vendor's
obligations arising from a Agreement with the City.
2.10. TxDOT — Texas Department of Transportation
2.11. TxDOTSS — Texas Department of Transportation Standard Specifications For Construction of
Highways, Streets and Bridges.
2.12. Test Method — Texas Department of Transportation Test Method.
2.13. Vendor — (Sometimes referred to as Contractor) A person or business enterprise providing goods,
equipment, labor and/or services to the City as fulfillment of obligations arising from a contract or
purchase order.
3. CLARIFICATION: For clarification of specification, bidders may contact:
Carolyn Brooks, CPPB
Purchasing Division
(512) 218-5457
cmb218@round-rock.tx.us
The individual listed above may be contacted by telephone, e-mail, 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 through the Purchasing Division.
4. DISCLOSURE OF RELATIONSHIP: Effective January 1, 2006, Chapter 176 of the Texas Local Government
Code (House Bill 914) requires that any vendor or person considering doing business with a local government
entity disclose the vendor or person's affiliation or business relationship that might cause a conflict of interest
with a local government entity.
Page 1 of 9
C060308-1
SPECIFICATION NO.
99-968-61-01
REVISED: JAN 2006
PART I
GENERAL CLAUSES AND CONDITIONS
1. LABOR: The Vendor shall provide all labor and goods necessary to perform the project. The Vendor shall
employee all personnel for work in accordance with the requirements set forth by the United States
Department of Labor.
2. DAMAGE: The Vendor shall be responsible for damage to the City's equipment and/or property, the
workplace and its contents by its work, negligence in work, its personnel and equipment. The Vendor shall be
responsible and liable for the safety; injury and health of its working personnel while its employees are
performing service work.
3. WORKPLACE: The City is committed to maintaining an alcohol and drug free workplace. Possession, use, or
being under the influence of alcohol or controlled substances by Vendor, Vendor's employees,
subcontractor(s) or subcontractor (s') employees while in the performance of the service is prohibited.
Violation of this requirement shall +-constitute grounds for termination of service.
4. BID EVALUATION: All bids received shall be evaluated based on the best value for the City. Best value will
be determined by considering all or part of the criteria listed, as well as any relevant criteria specifically listed
in the solicitation.
4.1. Bid price
4.2. Reputation of the bidder and of bidder's goods and service
4.3. The quality of the bidder's goods and service
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 will be evaluated on their past performance and
prior dealings with the City to include, but not limited to, failure to meet specifications, poor quality,
poor workmanship, late delivery.
4.6. The total long-term cost to the Municipality for acquiring the bidder's goods or services.
5. EXPARTE COMMUNICATION: Please note that to insure the proper and fair evaluation of a bid, the City
prohibits exparte 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. Exparte 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: The term of the Agreement resulting from the solicitation may be for five consecutive 12 month
periods of time from the effective date and shall remain in full force and effect unless and until it expires by
operation of the term stated or until terminated or extended as provided herein. The City Manager reserves
the right to:
6.1. Renew the Agreement for two additional periods of time not to exceed twelve months for each renewal
provided bother parties agree.
6.2. Review the following at the end of each twelve-month review period or renewal:
6.2.1. Vendor performance
6.2.2. Price
6.2.3. Continuing need
6.2.4. Advancements in technologies and or service
6.3. The City may terminate the Agreement with or without cause or may continue through the next twelve-
month review or renewal period.
7. PRICE: The contract price bid shall be firm for the duration of the contact or extension periods except as
provided for in paragraph 8 below. No separate line item charges shall be permitted for either bidding or
invoice purposes, which shall include equipment rental, demurrage, cost associated with obtaining permits or
any other extraneous charges.
Page 2 of 9
SPECIFICATION kO9 3 0 8 r 1
99-968-61-01
REVISED: JAN 2006
8. PRICE ADJUSTMENT: The City may permit "unit price" adjustments upward, only as a result of a cost
increase in goods or services in accordance with the Producers Price Index located at
httr://stats.bls.gov/ppi/home.htm. Any price increase shall be requested by the Vendor in writing and
accompanied with the appropriate documentation to justify the increase. The vendor may offer price
decreases in excess of the allowable percentage change.
9. ORDER QUANTITY: The quantities shown on the IFB are estimates only. No guarantee of any minimum or
maximum purchase is made or implied. The City will only order the quantity of goods and or services needed
to satisfy operating requirements, which may be more or less than indicated. Note: The City estimates
quantities to increase approximately 25 percent per 12 -month period.
10. NON -APPROPRIATION: The resulting Agreement is a commitment of the City's current revenues only. It is
understood and agreed the City shall have the right to terminate the Agreement at the end of any City fiscal
year if the governing body of the City does not appropriate funds sufficient to purchase the estimated yearly
quantities, as determined by the City's budget for the fiscal year in question. The City may effect such
termination by giving Vendor a written notice of termination at the end of its then current fiscal year.
11. CANCELLATION: The City reserves the right to cancel the Agreement without penalty by providing 30 days
prior written notice to the other party. Vendor shall provide the City with 90 days written notice prior to
cancellation of the Agreement and shall continue services for a period of time not to exceed 120 days after
written notification. Termination under this paragraph shall not relieve the Vendor of any obligation or liability
that has occurred prior to cancellation. NOTE: This Agreement is subject to cancellation, without penalty,
at any time the City deems the Vendor to be non-compliant with contractual obligations.
12. COMPLIANCE WITH LAWS: The successful bidder shall comply with all federal, state, and local laws,
statutes, ordinances, rules and regulations, and the orders and decrees of any court or administrative bodies
or tribunals in any matter affecting the performance of the contract, including without limitation, workers'
compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and
regulations. When requested, the Vendor shall furnish the City with satisfactory proof of its compliance.
13. ABANDONMENT OR DEFAULT: A Vendor who abandons or defaults the work on the Agreement and causes
the City to purchase the services elsewhere may be charged the difference in service if any and shall not be
considered in the re -advertisement of the service and may not be considered in future bids for the same type
of work unless the scope of work is significantly changed.
14. CODES, PERMITS AND LICENSES: The successful bidder shall comply with all National, State and Local
standards, codes and ordinances and the terms and conditions of the services of other authorities that have
jurisdiction pertaining to equipment and materials used and their application. None of the terms or provisions
of the specification shall be construed as waiving any rules, regulations or requirements of these authorities.
The successful bidder shall be responsible for obtaining all necessary permits, certificates and/or licenses to
fulfill contractual obligations (City of Round Rock fees and costs will be waived).
15. RIGHT TO AUDIT: The City has the right to audit the Vendor's books and records pertaining to the service
during the hours of the normal workday.
16. INDEMNITY: Vendor shall indemnify, save harmless and defend the City, its officers, agents, servants, and
employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs,
expenses, attorney's fees and any and all other costs or fees incident to the performance of the resulting
agreement and arising out of a willful or negligent act or omission of the Vendor, its officers, agents, servants
and employees.
17. INSURANCE: The Vendor shall procure and maintain at its sole cost and expense for the duration of the
Agreement or purchase order resulting from a response to 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.
17.1. Certificates of Insurance and endorsements shall be furnished to the City and approved by the City before
work commences.
17.2. The following standard insurance policies shall be required:
17.2.1. General Liability Policy
17.2.2. Automobile Liability Policyl
Page 3 of 9
�'}} -»1
SPECIFICATION'NO
99-968-61-01
REVISED: JAN 2006
17.2.3. Worker's Compensation Policy
17.3. The following general requirements are applicable to all policies:
17.3.1. Only insurance companies licensed and admitted to do business in the State of Texas shall be
accepted.
17.3.2. Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per
occurrence basis for property damage only.
17.3.3. Claims made policies shall not be accepted, except for Professional Liability Insurance.
17.3.4. Upon request, certified copies of all insurance policies shall be furnished to the City
17.3.5. Policies shall include, but not be limited to, the following minimum limits:
17.3.5.1. Minimum Bodily Injury Limits of $300,000.00 per occurrence.
17.3.5.1.1. Property Damage Insurance with minimum limits of $50,000.00 for each
occurrence.
17.3.5.1.2. 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.
17.3.5.1.3. Statutory Worker's Compensation Insurance and minimum $100,000.00
Employers Liability Insurance.
17.3.6. Coverage shall be maintained for two years minimum after the termination of the Agreement.
17.4. The City shall be entitled, upon request, and without expense to receive copies of insurance policies
and all endorsements thereto and may make reasonable request for deletion, revision, or modification
of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are
established by law or regulation binding either of the parties hereto or the underwriter of any of such
policies). Upon such request by the City, the Vendor shall exercise reasonable efforts to accomplish
such changes in policy coverage and shall pay the cost thereof. All insurance and bonds shall meet
the requirements of the bid specification and the insurance endorsements stated below.
17.5. Vendor agrees that with respect to the required insurance, all insurance Agreements and certificate(s)
of insurance will contain and state, in writing, on the certificate or its attachment, the following
provisions:
17.5.1. Provide for an additional insurance endorsement clause declaring the Vendor's insurance as
primary.
17.5.2. Name the City and its officers, employees, and elected officials as additional insured's, (as
the interest of each insured may appear) as to all applicable coverage.
17.5.3. Provide thirty days notice to the City of cancellation, non -renewal, or material changes
17.5.4. Remove all language on the certificate of insurance indicating:
17.5.4.1. That the insurance company or agent/broker shall endeavor to notify the City;
and,
17.5.4.2. Failure to do so shall impose no obligation of liability of any kind upon the
company, its agents, or representatives.
17.5.5. Provide for notice to the City at the addresses listed below by registered mail:
17.5.5.1. Vendor agrees to waive subrogation against the City, its officers, employees, and
elected officials for injuries, including death, property damage, or any other loss to
the extent same may be covered by the proceeds of insurance.
17.5.6.. Provide that all provisions of this Agreement concerning liability, duty, and standard of care
together with the indemnification provision, shall be underwritten by contractual liability
coverage sufficient to include such obligations within applicable policies.
17.5.7. All copies of the Certificate of Insurance shall reference the project name, bid number or
purchase order number for which the insurance is being supplied.
17.5.8. Vendor shall notify the City in the event of any change in coverage and shall give such
notices not less than thirty days prior notice to the change, which notice shall be
accomplished by a replacement Certificate of Insurance.
Page 4 of 9
o3o8 -1
SPECIFICATPOpNO.
99-968-61-01
REVISED: JAN 2006
17.5.9. All notices shall be mailed to the City at the following addresses:
Assistant City Manager
City of Round Rock
221 East Main Street
Round Rock, TX 78664-5299
City Attorney
City of Round Rock
309 East Main Street
Round Rock, TX 78664
17.6. Approval, disapproval, or failure to act by the City regarding any insurance supplied by the Vendor
shall not relieve the Vendor of full responsibility or liability for damages and accidents as set forth in
the these requirements. Neither shall bankruptcy, insolvency, or denial of liability by the insurance
company relieve the Vendor from liability.
17.7. If the Vendor employs, contracts with or otherwise permits any other individual or entity to perform any
of the obligations of the Vendor, then any and all of these individual or entities shall be bound by the
same insurance requirements as the successful bidder.
18. 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.
18.1. Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -
insure issued by the Texas Workers' Compensation Commission, or a coverage agreement (TWCC-81,
TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for
the person's or entity's employees providing services on a project, for the duration of the project.
18.2. Duration of the project - includes the time from the beginning of the work on the project until the
CONTRACTOR'S /person's work on the project has been completed and accepted by the OWNER.
18.3. Persons providing services on the project ("subcontractor") in Section 406.096 - includes all persons or
entities performing all or part of the services the CONTRACTOR has undertaken to perform on the
project, regardless of whether that person contracted directly with the CONTRACTOR and regardless of
whether that person has employees. This includes, without limitation, independent contractors,
subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or
employees of any entity, which furnishes persons to provide services on the project. "Services" include,
without limitation, providing, hauling, or delivering equipment or materials, or providing labor,
transportation, or other service related to a project. "Services" does not include activities unrelated to the
project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets.
18.4. The CONTRACTOR shall provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor
Code, Section 401.011(44) for all employees of the CONTRACTOR providing services on the project, for
the duration of the project.
18.5. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being awarded the
contract.
18.6. If the coverage period shown on the CONTRACTOR'S current certificate of coverage ends during the
duration of the project, the CONTRACTOR must, prior to the end of the coverage period, file a new
certificate of coverage with the OWNER showing that coverage has been extended.
18.7. The CONTRACTOR shall obtain from each person providing services on a project, and provide to the
OWNER:
18.7.1. a certificate of coverage, prior to that person beginning work on the project, so the OWNER will
have on file certificates of coverage showing coverage for all persons providing services on the
project; and
18.7.2. no later than seven calendar days after receipt by the CONTRACTOR, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the current
certificate of coverage ends during the duration of the project.
18.8. The CONTRACTOR shall retain all required certificates of coverage for the duration of the project and for
one year thereafter.
18.9. The CONTRACTOR shall notify the OWNER in writing by certified mail or personal delivery, within 10
calendar days after the CONTRACTOR knew or should have known, or any change that materially affects
the provision of coverage of any person providing services on the project.
Page 5 of 9
CO60308-1
SPECIFICATION NO.
99-968-61-01
REVISED: JAN 2006
18.10. The CONTRACTOR shall post on each project site a notice, in the text, form and manner prescribed by
the Texas Workers' Compensation Commission, informing all persons providing services on the project
that they are required to be covered, and stating how a person may verify coverage and report lack of
coverage.
18.11. The CONTRACTOR shall contractually require each person with whom it contracts to provide services on
a project, to:
18.11.1. and filing of any coverage agreements, that meets the statutory provide coverage, based on
proper reporting of classification codes and payroll amounts requirements of Texas Labor Code,
Section 401.011(44) for all its employees providing services on the project, for the duration of
the project;
18.11.2. provide to the CONTRACTOR, prior to that person beginning work on the project, a certificate of
coverage showing that coverage is being provided for all employees of the person providing
services on a project, for the duration of the project;
18.11.3. provide the CONTRACTOR, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
18.11.4. obtain from each other person with whom it contracts, and provide to the CONTRACTOR:
18.11.4.1.
18.11.4.2.
a certificate of coverage, prior to the other person beginning work on the project;
and
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
18.11.5. retain all required certificates of coverage on file for the duration of the project and for one year
thereafter;
18.11.6. notify the OWNER in writing by certified mail or personal delivery, within 10 calendar days after
the person knew or should have known, of any change that materially affects the provision of
coverage of any person providing services on the project; and
18.11.7. contractually require each person with whom it contracts, to perform as required by
paragraphs (A thru G), with the certificates of coverage to be provided to the person for
whom they are providing services.
18.11.8. By signing the solicitation associated with this specification, or providing, or causing to be
provided a certificate of coverage, the Contractor is representing to the Owner that all
employees of the Contractor who will provide services on the project will be covered by workers'
compensation coverage for the duration of the project, that the coverage will be based on
proper reporting of classification codes and payroll amounts, and that all coverage agreements
will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the
Commission's Division of Self -Insurance Regulation. Providing false or misleading information
may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or
other civil actions.
18.11.9. THE CONTRACTOR'S FAILURE TO COMPLY WITH ANY OF THESE PROVISIONS IS A
BREACH OF CONTRACT BY THE CONTRACTOR THAT ENTITLES THE OWNER TO
DECLARE THE CONTRACT VOID IF THE CONTRACTOR DOES NOT REMEDY THE
BREACH WITHIN TEN CALENDAR DAYS AFTER RECEIPT OF NOTICE OF BREACH
FROM THE OWNER.
19. LIENS: Vendor agrees to and shall indemnify and save harmless the City against any and all liens and
encumbrances for all labor, good and services which may be provided under the City's request by Vendor or
subcontractors and if the City requests, a proper release of all liens or satisfactory evidence of freedom from
liens shall be delivered to the City.
20. VENUE: Both the City and the Vendor agree that venue for any litigation arising from a resulting contract shall
lie in Williamson County.
21. INDEPENDENT VENDOR: It is understood and agreed that the Vendor shall not be considered an employee
of the City. The Vendor shall not be within protection or coverage of the City's Worker' Compensation
insurance, Health Insurance, Liability Insurance or any other insurance that the City from time to time may
have in force and effect.
Page 6 of 9
Ca 60308 -1
SPECIFICATION NO.
99-968-61-01
REVISED: JAN 2006
PART II
SPECIFICATIONS
1. SCOPE: This specification describes the application of reflectorized pavement markings and the removal of
existing and raised markings. Services shall include materials, equipment, construction methods, application,
measurement, and payment for markings of these types, colors, shapes, sizes, widths, and thickness shown
on plans or as directed by the City Engineer.
2. INTENDED USE: These specifications cover only the general requirements as to the performance and design
criteria of the application and removal of pavement markings, as well as certain details to which the successful
bidder shall conform. Bidders shall be responsible for all labor, equipment and materials to remove and apply
markings that meets or exceeds all of the requirements as set forth herein, as well as provide markings that
are designed and applied for the intended application.
3. STANDARD: All materials, equipment, construction, preparation and application methods shall be in
accordance with the City of Round Rock's Design and Construction Standards (DACS), Series 800 — Urban
Transportation.
3.1. Item No 861, Reflectorized Pavement Marking, dated January 1, 2005 or latest revision.
3.2. Item No. 874, Elimination of Pavement Marking, dated January 1, 2005 or latest revision.
3.3. DACS are available on the City's website at http://www.ci.round-rock.tx.us/public-
works/dacs/dacs index.htm.
3.4. Please contact Todd Keltgen at 512-218-5562 for additional information on obtaining a copy or
accessing DACS.
4. BIDDER QUALIFICATONS: The opening of a bid will not be construed as the City's acceptance of such
bidder as qualified and responsible. All bidders shall:
4.1. Be firms, corporations, individuals or partnerships normally engaged in the sale and distribution of
commodity or provision of the services as specified herein.
4.2. Have adequate organization, facilities, equipment and personnel to ensure prompt and efficient
service to the City.
4.3. Provide references to include the name, address, telephone number and point of contact of at least
three entities for which the bidder has preformed similar service and or utilized the exact technology
within the past three years. Any negative responses received may result in disqualification of bid.
4.4. 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.
5. CONFIDENTIALITY OF CONTENT: All bids submitted in response to this IFB shall be held confidential until a
contract is awarded. Following the contract award, proposals are subject to release as public information
unless the bid or specific parts of the bid can be shown to be exempt from the Texas Public Information Act.
Bidder are advised to consult with their legal counsel regarding disclosure issues and take the appropriate
precautions to safeguard trade secrets or any other proprietary information. The City assumes no obligation or
responsibility for asserting legal arguments on behalf of potential bidders.
5.1. If a Bidder believes that a bid or parts of a bid are confidential, then the Bidder shall so specify. The
Bidder shall stamp in bold red letters the term "CONFIDENTIAL" on that part of the bid, which the
Bidder believes to be confidential. Vague and general claims as to confidentiality shall not be
accepted. All bid and parts of bids that are not marked as confidential will be automatically considered
public information after the contract is awarded.
6. ORIENTATION OF VENDOR: The City will provide an initial orientation to the Vendor within five days after
contract effective date to identify all policies and operating procedures. During this meeting, the Vendor shall
provide the City with their recommendations for operation. NOTE: It shall be the responsible of the Vendor
to familiarize its personnel with the site, site restrictions, and each job assignment.
Page 7 of 9
CO 60308 -1
SPECIFICATION NO.
99-968-61-01
REVISED: JAN 2006
7. SERVICE RESPONSIBILITIES: The Vendor shall provide all personnel, supplies and equipment needed to
remove and apply pavement markings at all requested locations. Services shall include, but not be limited to
the following:
7.1. The Vendor shall coordinate with the City to develop a schedule that is mutually agreeable to both
parties. A list of responsible representatives with names, titles, addresses and telephone numbers
shall be furnished to the City.
7.2. Assign a primary contact person to serve as a contact to City representative.
7.3. Staff each job with sufficient personnel for a safe and timely completion.
7.4. All equipment used by the Vendor to perform services shall be inspected and licensed by the Texas
Department Transportation and shall comply with all applicable State, Federal and OSHA Regulations.
7.5. The Vendor shall be responsible for providing traffic control for the duration of the agreement
consistent with the provisions set forth in the "1980 Texas Manual on Uniform Traffic Control Devices
for Streets and Highways" or the latest revisions thereof, issued under the authority of the "State of
Texas Uniform Act Regulating Traffic on Highways", codified as Article 6701d Vernon's Civil Statutes,
pertinent sections being Section Nos. 27, 29, 30 and 31.
7.6. Take all steps necessary to ensure all areas of the construction site remain in a neat and litter -free
condition.
8. PERMITS: The successful bidder shall obtain necessary permits or licenses and pay any related fees or taxes
required by governing agencies. City of Round Rock fees will be waived.
9. SUBSTITUTIONS: Bids shall be submitted furnishing the equipment and materials exactly as specified.
Substitute equipment and materials may be furnished provided they are equal or better than the quality
specified in all respects. Submit descriptive data and calculations demonstrating equivalence of performance
of all proposed substitutions of material and equipment to the City or City's Representative for approval not
less than seven (7) days prior to the bid opening date. Acceptance or rejections of any such requests for
substitutions, at the sole option of the City, may be furnished to the bidders prior to the bid opening date.
PART IV
DELIVERY, INVOICE AND PAYMENT
1. DELIVERY: Delivery of the product and service shall be completed within the number of days bid.
2. ACCEPTANCE: Acceptance inspection should not take more than five working days. The vendor will be
notified within this time frame if the services delivered are not in full compliance with the specifications. If any
purchase order is canceled for non-acceptance, the needed equipment may be purchased elsewhere and the
vendor may be charged full increase, if any, in cost and handling.
3. INVOICING AND PAYMENTS: The work performed and materials furnished in accordance with this
specification and measured as provided herein will be paid for at the unit price bid for the various types, colors,
shapes, sizes, widths, and thickness specified. This price shall be full compensation for furnishing all
materials; for application of pavement markings; and for all other labor, tools, equipment and incidentals
necessary to complete the work. Vendor shall submit one original and one copy of each invoice on a monthly
basis to the following address:
City of Round Rock
Accounts Payable
221 East Main Street
Round Rock, TX78664-5299
4. PROMPT PAYMENT POLICY: Payments will be made within thirty days after the city receives the supplies,
materials, equipment, or the day on which the performance of services was completed or the day on which the
City receives a correct invoice for the supplies, materials, equipment or services, whichever is later. The
Vendor may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for payments
not made in accordance with this prompt payment policy; however, this policy does not apply to payments
made by the City in the event:
4.1. There is a bona fide dispute between the City and Vendor concerning the supplies, materials, or
equipment delivered or the services performed that causes the payment to be late; or
Page 8 of 9
co 60308
SPECIFICATION NO.
99-968-61-01
REVISED: JAN 2006
4.2. The terms of a federal contract, grant, regulation, or statute prevent the City from making a timely
payment with Federal Funds; or
4.3. There is a bona fide dispute between the Vendor and a subcontractor or between a subcontractor and
its suppliers concerning supplies, material, or equipment delivered or the services performed which
caused the payment to be late; or
4.4. The invoice is not mailed to the City in strict accordance with instructions, if any, on the purchase order
or contract or other such contractual agreement.
5. OVERCHARGES: Vendor hereby assigns to purchaser any and all claims for overcharges associated with
this agreement which arise under the antitrust laws of the Untied States, 15 USGA Section 1 et seq., and
which arise under the antitrust laws of the State of Texas, Bus. And Com. Code, Section 15.01, et set.
Page9of9
VENDOR
DELIVERY:
TOTAL: $
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BID TAB
BID NUMBER: 06-014
BID OPENING: 2/21/2006 3:PM
Pavement Markings
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DATE: May 5, 2006
SUBJECT: City Council Meeting - May 11 2006
ITEM: 13.D.2. Consider a resolution authorizing the Mayor to execute
an Agreement for Removal and Application of
Thermoplastic Pavement Markings with United Rentals
Highway Technologies, L.P.
Department: Transportation Services
Staff Person: Thomas G. Martin, P. E., Director
Justification:
This proposed contract will provide striping services for the various streets and
roadways.
Funding:
Cost: $75,000.00
Source of Funds: General Fund.
Outside Resources: N/A
Background Information:
This contractor has had our previous Pavement Marking contracts for the past 5
years and we have had a good working relationship with them.
Public Comment: N/A
EXECUTED
DOCUMENTS
FOLLOW
CITY OF ROUND ROCK
AGREEMENT FOR REMOVAL AND APPLICATION
OF THERMOPLASTIC PAVEMENT MARKINGS WITH
UNITED RENTALS HIGHWAY TECHNOLOGIES, L.P.
THE STATE OF TEXAS
CITY OF ROUND ROCK
COUNTY OF WILLIAMSON
4iftt-T
KNOW ALL BY THESE PRESENTS:
That this Agreement for purchase of removal and application of reflectorized
thermoplastic pavement markings (referred to herein as the "Agreement") is made and entered
into on this the ) day of the month of , 2006, by and between the CITY OF
ROUND ROCK, TEXAS, a home -rule municipality hose offices are located at 221 East Main
Street, Round Rock, Texas 78664 (referred to herein as the "City"), and UNITED RENTALS
HIGHWAY TECHNOLOGIES, L.P., a Texas limited partnership whose offices are located at
12909 Dessau Road, Austin, Texas 78754 (referred to herein as the "Vendor"). This Agreement
supersedes and replaces any previous agreement between the named parties, whether oral or
written, and whether or not established by custom and practice.
RECITALS:
WHEREAS, City desires to purchase removal and application of reflectorized
thermoplastic pavement markings from Vendor; and
WHEREAS, City has issued its "Invitation for Bid" for City to provide said goods and
services, and City has selected the Bid submitted by Vendor; and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights, duties, and obligations;
NOW, THEREFORE:
WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
mutually agree as follows:
1.01 DEFINITIONS
A. Agreement means the binding legal contract between City and Vendor whereby
Vendor is obligated to furnish specified goods, equipment and/or services, and City is obligated
00097766/j kg
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to pay for said goods, equipment and/or services. The instant Agreement includes the following:
(a) City's Invitation for Bid designated as IFB 06-014, Specification Number 99-968-61-01
revised January 2006; (b) Vendor's Response to IFB; (c) the contract award; and (d) any
exhibits, addenda, and/or amendments thereto.
Any inconsistencies or conflicts in the contract documents shall be resolved by giving
preference in the following order:
(1) This Agreement;
(2) Purchaser's Response to IFB;
(3) City's Invitation for Bids, exhibits, and attachments.
B. City means the City of Round Rock, Williamson and Travis Counties, Texas.
C. DACS means City's Design and Construction Standards (DACS) for building,
drainage, transportation and utilities dated January 1, 2005 and any subsequent revisions thereto.
D. Effective Date means the date upon which the binding signatures of both parties
to this Agreement are affixed.
E. 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.
F. Goods mean the specified services, supplies, materials, or equipment.
G. Linear Foot means the measurement of a 12" L x 4" W area for all items
specified.
H. Purchase Order means an order placed by the Purchasing Department for the
purchase of goods or services, written on City's standard Purchase Order form, which when
accepted by Vendor becomes an agreement. The Purchase Order is Vendor's authority to deliver
and invoice City for goods or services specified, and is City's commitment to accept the goods or
services for an agreed-upon price.
I. Subcontractor means any person or business enterprise providing goods,
equipment, labor, and/or services to Vendor if such goods, equipment, labor, and/or services are
procured or used in fulfillment of Vendor's obligations arising from an agreement with City.
2
J. Test Method means the Texas Department of Transportation Test Method.
K. TxDOT means the Texas Department of Transportation.
L. TxDOTSS means the Texas Department of Transportation Standard
Specifications for Construction of Highways, Streets and Bridges.
M. Vendor means United Rentals Highway Technologies, L.P., or any of its
successors or assigns.
2.01 EFFECTIVE DATE, DURATION, AND TERM
A. This Agreement shall be effective on the date it has been signed by both parties
hereto, and shall remain in full force and effect unless and until it expires by operation of the
term stated herein, or until terminated or extended as provided herein.
B. The term of this Agreement shall be for five (5) consecutive twelve (12) month
periods from the effective date. Prices shall be firm for the duration of the terms of this
Agreement, except as otherwise provided for herein. This Agreement may be renewed for two
(2) additional periods not to exceed twelve (12) months for each renewal, only upon the express
written agreement of both parties and only provided Vendor has performed each and every
contractual obligation specified in this Agreement.
C. City reserves the right to review Vendor's performance at any time during the
initial agreement period or any renewal periods, and may elect to terminate this Agreement with
or without cause or may elect to continue.
3.01 CONTRACT DOCUMENTS AND EXHIBITS
City selected Vendor to supply the goods and services as outlined in IFB 06-014,
Specification Number 99-968-61-01 revised January 2006, Bid Addendum No. 1 issued
February 6, 2006, and Response to IFB submitted by Vendor, all as specified in Exhibit "A"
attached hereto and made a part hereof for all purposes. The intent of these documents is to
formulate an Agreement listing the responsibilities of both parties as outlined in the IFB and as
offered by Vendor in its Response to the IFB.
The goods and services which are the subject matter of this Agreement are described in
Exhibit "A" and, together with this Agreement, comprise the total Agreement and they are as
fully a part of this Agreement as if repeated herein in full.
4.01 ITEMS AWARDED
All bid items on Exhibit "A" are awarded to Vendor.
3
5.01 COSTS; ESTIMATED QUANTITIES; PRICE AND PRICE ADJUSTMENTS
A. Bid costs listed on Exhibit "A" shall be the basis of any charges collected by
Vendor.
B. The quantities shown are estimates for a twelve-month period only. No guarantee
of any minimum or maximum purchase is made or implied. City will order only the amounts
needed to satisfy operating requirements, which may be more or less than indicated. City
estimates quantities to increase approximately twenty-five percent (25%) per each twelve-month
period. City reserves the right to increase or decrease order quantities as needed.
C. The contract price bid shall be firm for the duration of the contract and extension
periods except as follows: City may permit "unit price" adjustments upwards only as a result of
a cost increase in goods or services in accordance with the Producers Price Index located at
http://stats.bls.gov/ppi/home.htm. Any price increase shall be requested by Vendor in writing
and accompanied by appropriate documentation to justify the increase. Vendor may offer price
decreases in excess of the allowable percentage change. No separate line item charges shall be
permitted for bidding or invoicing purposes, which shall include equipment rental, demurrage,
costs associated with obtaining permits, or any other extraneous charges.
6.01 INVOICES
All invoices shall include, at a minimum, the following information:
A. Name and address of Vendor;
B. Purchase Order Number;
C. Description and quantity of items received; and
D. Delivery dates.
7.01 NON -APPROPRIATION AND FISCAL FUNDING
This Agreement is a commitment of City's current revenues only. It is understood and
agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year
if the governing body of City does not appropriate funds sufficient to purchase the services as
determined by City's budget for the fiscal year in question. City may effect such termination by
giving Vendor a written notice of termination at the end of its then -current fiscal year.
8.01 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to
Vendor will be made within thirty (30) days of the day on which City receives the performance,
4
supplies, materials, equipment, and/or deliverables, or within thirty (30) days of the day on
which the performance of services was complete, or within thirty (30) days of the day on which
City receives a correct invoice for the performance and/or deliverables or services, whichever is
later. Vendor may charge a late fee of one percent (1 %) for payments not made in accordance
with this Prompt Payment Policy; however, this Policy does not apply to payments made by City
in the event:
A. There is a bona fide dispute between City and Vendor concerning the supplies,
materials, or equipment delivered or the services performed which causes the
payment to be late; or
B. The terms of a federal contract, grant, regulation, or statute prevent City from
making a timely payment with federal funds; or
C. There is a bona fide dispute between any of the parties and subcontractors or
between a subcontractor and its suppliers concerning supplies, materials, or
equipment delivered or the services performed which causes the payment to be
late; or
D. Invoices are not mailed to City in strict accordance with instructions, if any, on
the purchase order or the Agreement or other such contractual agreement.
9.01 GRATUITIES AND BRIBES
City may, by written notice to Vendor, cancel this Agreement without liability if it is
determined by City that gratuities or bribes in the form of entertainment, gifts, or otherwise were
offered or given by Vendor or its agents or representatives to any City officer, employee or
elected representative with respect to the performance of this Agreement. In addition, Vendor
may be subject to penalties stated in Title 8 of the Texas Penal Code.
10.01 TAXES
City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be
included in Vendor's charges.
11.01 ORDERS PLACED WITH ALTERNATE VENDORS
If Vendor cannot provide the goods and services as specified, City reserves the right and
option to obtain same from other suppliers or sources.
12.01 INSURANCE
Vendor shall meet all requirements as stated in the attached Invitation for Bid No. 06-014
and its bid response.
5
13.01 CITY'S REPRESENTATIVE
City hereby designates the following representative(s) authorized to act in its behalf with
regard to this Agreement:
Todd A. Keltgen
City of Round Rock Transportation Services Operations Manager
212 Commerce Cove
Round Rock, Texas 78664
512-218-5562
toddk@round-rock.tx.us
14.01 RIGHT TO ASSURANCE
Whenever either party to this Agreement, in good faith, has reason to question the other
party's intent to perform hereunder, then demand may be made to the other party for written
assurance of the intent to perform. In the event that no written assurance is given within the
reasonable time specified when demand is made, then and in that event, the demanding party
may treat such failure as an anticipatory repudiation of this Agreement.
15.01 DEFAULT
If Vendor abandons or defaults under this Agreement and is a cause of City purchasing
the specified goods and services elsewhere, Vendor agrees that it may be charged the difference
in cost, if any, and that it will not be considered in the re -advertisement of the service and that it
may not be considered in future bids for the same type of work unless the scope of work is
significantly changed.
Vendor shall be declared in default of this Agreement if it does any of the following:
A. Fails to make any payment in full when due;
B. Fails to fully, timely and faithfully perform any of its material obligations
under this Agreement;
C. Fails to provide adequate assurance of performance under the "Right to
Assurance" section herein; or
D. Becomes insolvent or seeks relief under the bankruptcy laws of the United
States.
16.01 TERMINATION AND SUSPENSION
6
A. City has the right to terminate this Agreement, in whole or in part, for
convenience and without cause, at any time upon thirty (30) days' written notice to Vendor.
B. In the event of any default by Vendor, City has the right to terminate this
Agreement for cause, upon ten (10) days' written notice to Vendor.
C. Vendor has the right to terminate this Agreement for cause, that being in the event
of a material and substantial breach by City, by providing the City with one hundred twenty
(120) days' written notice prior to termination of the Agreement; and in the event of such written
notice of termination, Vendor shall continue services for a period of time not to exceed one
hundred twenty (120) days after written notification. Termination under this subsection (C) of
Section 16.01 shall not relieve Vendor of any obligation or liability that has occurred prior to
cancellation.
D. In the event City terminates under subsections (A) or (B) of this Section 16.01,
the following shall apply: Upon City's delivery of the referenced notice to Vendor, Vendor shall
discontinue all services in connection with the performance of this Agreement and shall proceed
to cancel promptly all existing orders and contracts insofar as such orders and contracts are
chargeable to this Agreement. Within thirty (30) days after such notice of termination, Vendor
shall submit a statement showing in detail the goods and/or services satisfactorily performed
under this Agreement to the date of termination. City shall then pay Vendor that portion of the
charges, if undisputed. The parties agree that Vendor is not entitled to compensation for services
it would have performed under the remaining term of the Agreement except as provided herein.
17.01 INDEMNIFICATION
Vendor shall defend (at the option of City), indemnify, and hold City, its successors,
assigns, officers, employees and elected officials harmless from and against all suits, actions,
legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and any and all
other costs or fees arising out of, or incident to, concerning or resulting from the fault of Vendor,
or Vendor's agents, employees or subcontractors, in the performance of Vendor's obligations
under this Agreement, no matter how, or to whom, such loss may occur. Nothing herein shall be
deemed to limit the rights of City or Vendor (including, but not limited to the right to seek
contribution) against any third party who may be liable for an indemnified claim.
18.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES
Vendor, its agents, employees and subcontractors shall use best efforts to comply with all
applicable federal and state laws, the Charter and Ordinances of the City of Round Rock, as
amended, and with all applicable rules and regulations promulgated by local, state and national
boards, bureaus and agencies.
19.01 ASSIGNMENT AND DELEGATION
The parties each bind themselves, their successors, assigns and legal representatives to
7
each other with respect to the terms of this Agreement. A party shall neither assign, sublet nor
transfer any interest in this Agreement without prior written authorization of the other party.
20.01 NOTICES
All notices and other communications in connection with this Agreement shall be in
writing and shall be considered given as follows:
1. When delivered personally to recipient's address as stated in this Agreement; or
2. Three (3) days after being deposited in the United States mail, with postage
prepaid to the recipient's address as stated in this Agreement.
Notice to Vendor:
United Rentals Highway Technologies, L.P.
Attention: Bart Lindholm
12909 Dessau Road
Austin, Texas 78754
Notice to City:
David Kautz
Assistant 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
Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of City and Vendor.
21.01 APPLICABLE LAW; ENFORCEMENT AND VENUE
This Agreement shall be enforceable in Round Rock, Texas, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or conditions
herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be
governed by and construed in accordance with the laws and court decisions of the State of Texas.
22.01 EXCLUSIVE AGREEMENT
This document, and all appended documents, constitutes the entire Agreement between
Vendor and City. This Agreement may only be amended or supplemented by mutual agreement
of the parties hereto in writing.
23.01 DISPUTE RESOLUTION
8
If a dispute or claim arises under this Agreement, the parties agree to first try to resolve
the dispute or claim by appropriate internal means, including referral to each party's senior
management. If the parties cannot reach a mutually satisfactory resolution, then and in that event
any such dispute or claim will be sought to be resolved with the help of a mutually selected
mediator. If the parties cannot agree on a mediator, City and Vendor shall each select a mediator
and the two mediators shall agree upon a third mediator. Any costs and fees, other than attorney
fees, associated with the mediation shall be shared equally by the parties.
City and Vendor hereby expressly agree that no claims or disputes between the parties
arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration
proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9
USC Section 1-14) or any applicable state arbitration statute.
24.01 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion or provision of this Agreement void shall in no
way affect the validity or enforceability of any other portion or provision of this Agreement. Any
void provision shall be deemed severed from this Agreement, and the balance of this Agreement
shall be construed and enforced as if this Agreement did not contain the particular portion or
provision held to be void. The parties further agree to amend this Agreement to replace any
stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision. The provisions of this section shall not prevent this entire Agreement from
being void should a provision, which is of the essence of this Agreement, be determined void.
25.01 MISCELLANEOUS PROVISIONS
Standard of Care. Vendor represents that it employs trained, experienced and
competent persons to perform all of the services, responsibilities and duties specified herein and
that such services, responsibilities and duties shall be performed in a manner according to
generally accepted industry practices.
Time is of the Essence. Vendor understands and agrees that time is of the essence and
that any failure of Vendor to fulfill obligations for each portion of this Agreement within the
agreed timeframes will constitute a material breach of this Agreement. Vendor shall be fully
responsible for its delays or for failures to use best efforts in accordance with the terms of this
Agreement. Where damage is caused to City due to Vendor's failure to perform in these
circumstances, City may pursue any remedy available without waiver of any of City's additional
legal rights or remedies.
Force Majeure. Neither City nor Vendor shall be deemed in violation of this Agreement
if it is prevented from performing any of its obligations hereunder by reasons for which it is not
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.
9
Multiple Counterparts. This Agreement may be executed in multiple counterparts, any
one of which shall be considered an original of this document; and all of which, when taken
together, shall constitute one and the same instrument.
IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates
indicated.
CITY OF ROUND ROCK, TEXAS
UNITED RENTALS HIGHWAY
TECHNOLOGIES, L.P.,
a Texas limited partnership
By: �� By:
G 24 L �.�
Titl - A' r ' , Title: fj(t J'Ch Altk ,14\c(
Printed Name: N yL.6 /11 i 1.06 U., Printed Name: .5}e ii e Ale u.-4 k
Date Signed: .111 310 0
Date Signed: 5-l1-0(0
ATTEST:
Christine R. Martinez, City Secretary
FOR CITY, APPROVED AS TO FORM:
Stephan
. Sheets, City Attorney
10
INVITATION FOR BID (IFB)
CITY OF ROUND ROCK PURCHASING OFFICE
221 E. Main Street
Round Rock, Texas 78664-5299
BIOS 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 78664-5299
BID F.O.B. DESTINATION, FREIGHT PREPAID AND
ALLOWED UNLESS OTHERWISE SPECIFIED BELOW
DESTINATION:
City of Round Rock
Various Locations
"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 taws 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."
FACSIMILE RESPONSES
SHALL NOT BE ACCEPTED
SHOW 810 OPENING DATE R
BI0 NUMBER IN LOWER LEFT
HANO CORNER OF SEALED 810
ENVELOPE R SHOW RETURN
AOORESS OF BIDDING FIRM.
c0 60308 -'1
BIDDING INFORMATION: Thermoplastic Pavement Markin
BID NUMBER 06-014
OPENING DATE: 2/14/2006 al 3:00 P.M.
BID LOCATION: 221 E. Main Street, Council Chambers,
Round Rock, TX 778664
RETURN SIGNED ORIGINAL ANO ONE COPY OF BID
BIDDER SHALL SIGN BEL
Failure to elan bid will
daftly bld
Authorized Signature
fax+ Lindholm
Print Name
2106
Date
See 1.7 of Bidding Instructions on page 2
TAX ID NO.: 6
42f100 -ggQLEGAL BUSINESS NAME: ani dminis 14-(Jh -j
-ream Girlies, L
ADDRESS: 2.0DPSScULR.
ADDRESS: 051141 -Tx 78754 ..
CONTACT: '&11 -I- { Li net h
TELEPHONE NO.: 5f7_1 9_O'' /S..S
BUSINESS ENTITY TYPE: Li sn, id ea rfrlers.1i
Bidder agrees to comply with all conditions set forth in this IFB.
This is for an agreement for five 12 -month periods with two 12 -month renewal periods for the removal of pavement markings, surface preparation and
marking pavement in accordance with specification No. 99-968-61-01, dated 12-2005 (10 pgs)
The quantities shown are estimates for a twelve month period only. No guarantee of any minimum or maximum purchase is made or implied. The City will
only order the amount needed to satisfy operating requirements. Note: The City reserves the right b increase or decrease order quantities as needed.
ITEM N
1
2
BID SHEET
CLASS i ITEM DESCRIPTION
MACHINE APPLIED: New Pavement Markings to include an
estimated 100 arrows, 150 stopbars, 100 cross walks. All markings
shall be measured in Linear Feet.
HAND APPLIED: New Pavement Markings to include an estimated
100 arrows, 150 stopbars, 100 cross walks. All markings shall be
measured in Linear Feet.
CITY
109,000
UNIT
LF
UNIT PRICE
20 —
35,000
LF
go
3
Marking Elimination
30,000
LF
EXTENSION
7_ LI eloo,00
2 ,.00o.}1
$1186t.)0.00
4
Surface preparation for markings
15,000
LF
r10
Bid Sheet
EXHIBIT
"An
Page 1of3
GRAND TOTAL
$ (5oa.od
' (oq,3pow
DELIVERY IN 3 DAYS
BIDDING INSTRUCTIONS
0060308-1
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 extensions. 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 will 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 govem. 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 eamed.
1.7 Bids shall give Tax Identification Number, full name and address of bidder. Failure to sign will disqualify bid. Person signing bid shall 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/Trust, Corporation, Govemmental. 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 disaetion 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 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 Government Code. 1f 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 furnish brand names, numbers, etc, as specified in the IFB.
2.2 All 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 returned 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 shaft 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 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 puithase 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 bome 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 governed, 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 involving 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 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.
Bidder Instructions
Page 2 of 3 Rev.: 04-04-05
REFERENCE SHEET
Please Complete and Return This Form with the Solicitation Response
SOLICITATION NUMBER: IFB 06-014 — Thermoplastic Pavement Markings
•
BIDDER'S NAME: , / i /. i(. I -= _ %e. 'Ytof10 L DATE: 21 !4
CO60308-1
Provide the name, address, telephone number and point of contract of at least three firms that have utilized similar service for at least 2
year. 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
Present Address
City, State, Zip Code
Telephone Number
2. Company's Name
Name of Contact
Title of Contact
Present Address
City, State, Zip Code
Telephone Number
3. Company's Name
Name of Contact
Title of Contact
Present Address
City, State, Zip Code
Telephone Number
4. Company's Name
Name of Contact
Title of Contact
Present Address
City, State, Zip Code
Telephone Number
Company's Name
Name of Contact
Title of Contact
Present Address
City, State, Zip Code
Telephone Number
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Fax Number (51'2_) 111 — 31 b `(
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: 05/2005
INVITATION FOR BID ADDENDUM
PURCHASING OFFICE
CITY OF ROUND ROCK, TEXAS
IFB No. 06-014 Addendum No. 1 Date of Addendum: February 6, 2006
The Above Invitation For Bid (IFB) has been changed to include the following:
1. Extension of Bid Opening date to Tuesday, February 14, 2006.
IFB, Page 1 of 3
2. Revision of Bid Form: Please revise Item #1 to include "MACHINE APPLIED" and revise
estimated linear footage to 109,000 LF.
IFB, Page 1 of 3
3. Revision of Bid Form: Please revise Item #2 to include "HAND APPLIED" and revise
estimated linear footage to 35,000 LF.
IFB, Page 1 of 3
4. Revision of Bid Form: Please revise Item #3 to "Marking Elimination" and revise estimated
linear footage to 30,000 LF.
IFB, Page 1 of 3
5. Revision of Bid Form: Please add Item #4 to include "SURFACE PREPARATION FOR
MARKINGS" and add estimated linear footage of 15,000 LF.
IFB, Page 1 of 3
All other terms and conditions of this IFB and specifications remain unchanged.
Approved by
By the signatures affixed below, Addendum No. 1 is hereby incorporated into and made a part
of the above referenced Invitation For Bid.
ACKNOWLE GED
cr,U5 (-1T
Vendor
Authorized Signature
2-(11/0 d
Date
RETURN ONE COPY OF THIS ADDENDUM TO THE PURCHASING OFFICE, CITY OF
ROUND ROCK WITH YOUR SEALED BID. FAILURE TO DO SO MAY CONSTITUE
GROUNDS FOR REJECTION OF YOUR BID.
co 60308
SPECIFICATION NO.
99-968-61-01
REVISED: JAN 2006
CITY OF ROUND ROCK
THERMOPLASTIC PAVEMENT MARKINGS
1. PURPOSE: The City seeks to establish a multiple year Agreement with a responsible bidder that has the
means and ability to provide all equipment, material and labor for the application and removal of reflectorized
pavement markings throughout the Agreement year and any extensions.
2. DEFINITIONS: The following definitions will be used for identified terms throughout the specification and bid
document:
2.1. Agreement — A mutually binding legal document obligating the Contractor to furnish the goods,
equipment or service, and obligating the City to pay for it.
2.2. Bidder identified throughout this specification shall describe persons and entities that consider
themselves qualified to provide goods, equipment or service.
2.3. City — Identifies the City of Round Rock, Williamson & Travis County, Texas.
2.4. DACS - The City of Round Rock's Design and Construction Standards (DACS) for building, drainage,
transportation and utilities, dated January 1, 2005 or latest revision
2.5. Goods represent materials, supplies, commodities and equipment.
2.6. Linear Foot — Measures a 12"L X 4"W area for all items specified.
2.7. Purchase Order - is an order placed by the Purchasing Office for the purchase of Goods or Services
written on the City's standard Purchase Order form and which, when accepted by the Bidder, becomes
an Agreement. The Purchase Order is the Bidder's authority to deliver and invoice the City for Goods
or Services specified, and the City's commitment to accept the Goods or Services for an agreed upon
price.
2.8. Services - work performed to meet a demand. The furnishing of labor, time, or effort by the vendor
and their ability to comply with promised delivery dates, specification and technical assistance
specified.
2.9. Subcontractor - Any person or business enterprise providing goods, labor, and/or services to a Vendor
if such goods, equipment, labor, and/or services are procured or used in fulfillment of the Vendor's
obligations arising from a Agreement with the City.
2.10. TxDOT — Texas Department of Transportation
2.11. TxDOTSS — Texas Department of Transportation Standard Specifications For Construction of
Highways, Streets and Bridges.
2.12. Test Method — Texas Department of Transportation Test Method.
2.13. Vendor — (Sometimes referred to as Contractor) A person or business enterprise providing goods,
equipment, labor and/or services to the City as fulfillment of obligations arising from a contract or
purchase order.
3. CLARIFICATION: For clarification of specification, bidders may contact:
Carolyn Brooks, CPPB
Purchasing Division
(512) 218-5457
cmb218@round-rock.tx.us
The individual listed above may be contacted by telephone, e-mail, 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 through the Purchasing Division.
4. DISCLOSURE OF RELATIONSHIP: Effective January 1, 2006, Chapter 176 of the Texas Local Government
Code (House Bill 914) requires that any vendor or person considering doing business with a local government
entity disclose the vendor or person's affiliation or business relationship that might cause a conflict of interest
with a local government entity.
Page 1 of 9
C0 60308..
SPECIFICATION NO.
99-968-61-01
REVISED: JAN 2006
PART I
GENERAL CLAUSES AND CONDITIONS
1. LABOR: The Vendor shall provide all labor and goods necessary to perform the project. The Vendor shall
employee all personnel for work in accordance with the requirements set forth by the United States
Department of Labor.
2. DAMAGE: The Vendor shall be responsible for damage to the City's equipment and/or property, the
workplace and its contents by its work, negligence in work, its personnel and equipment. The Vendor shall be
responsible and liable for the safety; injury and health of its working personnel while its employees are
performing service work.
3. WORKPLACE: The City is committed to maintaining an alcohol and drug free workplace. Possession, use, or
being under the influence of alcohol or controlled substances by Vendor, Vendor's employees,
subcontractor(s) or subcontractor (s') employees while in the performance of the service is prohibited.
Violation of this requirement shall +-constitute grounds for termination of service.
4. BID EVALUATION: All bids received shall be evaluated based on the best value for the City. Best value will
be determined by considering all or part of the criteria listed, as well as any relevant criteria specifically listed
in the solicitation.
4.1. Bid price
4.2. Reputation of the bidder and of bidder's goods and service
4.3. The quality of the bidder's goods and service
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 will be evaluated on their past performance and
prior dealings with the City to include, but not limited to, failure to meet specifications, poor quality,
poor workmanship, late delivery.
4.6. The total long-term cost to the Municipality for acquiring the bidder's goods or services.
5. EXPARTE COMMUNICATION: Please note that to insure the proper and fair evaluation of a bid, the City
prohibits exparte 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. Exparte 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: The term of the Agreement resulting from the solicitation may be for five consecutive 12 month
periods of time from the effective date and shall remain in full force and effect unless and until it expires by
operation of the term stated or until terminated or extended as provided herein. The City Manager reserves
the right to:
6.1. Renew the Agreement for two additional periods of time not to exceed twelve months for each renewal
provided bother parties agree.
6.2. Review the following at the end of each twelve-month review period or renewal:
6.2.1. Vendor performance
6.2.2. Price
6.2.3. Continuing need
6.2.4. Advancements in technologies and or service
6.3. The City may terminate the Agreement with or without cause or may continue through the next twelve-
month review or renewal period.
7. PRICE: The contract price bid shall be firm for the duration of the contact or extension periods except as
provided for in paragraph 8 below. No separate line item charges shall be permitted for either bidding or
invoice purposes, which shall include equipment rental, demurrage, cost associated with obtaining permits or
any other extraneous charges.
Page 2 of 9
SPECIFICAcIA kOp 3 0 8 .. 1
99-968-61-01
REVISED: JAN 2006
8. PRICE ADJUSTMENT: The City may permit "unit price" adjustments upward, only as a result of a cost
increase in goods or services in accordance with the Producers Price Index located at
htto://stats.bls.gov/ppi/home.htm. Any price increase shall be requested by the Vendor in writing and
accompanied with the appropriate documentation to justify the increase. The vendor may offer price
decreases in excess of the allowable percentage change.
9. ORDER QUANTITY: The quantities shown on the IFB are estimates only. No guarantee of any minimum or
maximum purchase is made or implied. The City will only order the quantity of goods and or services needed
to satisfy operating requirements, which may be more or Tess than indicated. Note: The City estimates
quantities to increase approximately 25 percent per 12 -month period.
10. NON -APPROPRIATION: The resulting Agreement is a commitment of the City's current revenues only. It is
understood and agreed the City shall have the right to terminate the Agreement at the end of any City fiscal
year if the governing body of the City does not appropriate funds sufficient to purchase the estimated yearly
quantities, as determined by the City's budget for the fiscal year in question. The City may effect such
termination by giving Vendor a written notice of termination at the end of its then current fiscal year.
11. CANCELLATION: The City reserves the right to cancel the Agreement without penalty by providing 30 days
prior written notice to the other party. Vendor shall provide the City with 90 days written notice prior to
cancellation of the Agreement and shall continue services for a period of time not to exceed 120 days after
written notification. Termination under this paragraph shall not relieve the Vendor of any obligation or liability
that has occurred prior to cancellation. NOTE: This Agreement is subject to cancellation, without penalty,
at any time the City deems the Vendor to be non-compliant with contractual obligations.
12. COMPLIANCE WITH LAWS: The successful bidder shall comply with all federal, state, and local laws,
statutes, ordinances, rules and regulations, and the orders and decrees of any court or administrative bodies
or tribunals in any matter affecting the performance of the contract, including without limitation, workers'
compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and
regulations. When requested, the Vendor shall furnish the City with satisfactory proof of its compliance.
13. ABANDONMENT OR DEFAULT: A Vendor who abandons or defaults the work on the Agreement and causes
the City to purchase the services elsewhere may be charged the difference in service if any and shall not be
considered in the re -advertisement of the service and may not be considered in future bids for the same type
of work unless the scope of work is significantly changed.
14. CODES, PERMITS AND LICENSES: The successful bidder shall comply with all National, State and Local
standards, codes and ordinances and the terms and conditions of the services of other authorities that have
jurisdiction pertaining to equipment and materials used and their application. None of the terms or provisions
of the specification shall be construed as waiving any rules, regulations or requirements of these authorities.
The successful bidder shall be responsible for obtaining all necessary permits, certificates and/or licenses to
fulfill contractual obligations (City of Round Rock fees and costs will be waived).
15. RIGHT TO AUDIT: The City has the right to audit the Vendor's books and records pertaining to the service
during the hours of the normal workday.
16. INDEMNITY: Vendor shall indemnify, save harmless and defend the City, its officers, agents, servants, and
employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs,
expenses, attorney's fees and any and all other costs or fees incident to the performance of the resulting
agreement and arising out of a willful or negligent act or omission of the Vendor, its officers, agents, servants
and employees.
17. INSURANCE: The Vendor shall procure and maintain at its sole cost and expense for the duration of the
Agreement or purchase order resulting from a response to 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.
17.1. Certificates of Insurance and endorsements shall be furnished to the City and approved by the City before
work commences.
17.2. The following standard insurance policies shall be required:
17.2.1. General Liability Policy
17.2.2. Automobile Liability Policyl
Page 3 of 9
SPECIFICATIONiVO 0 1
99-968-61-01
REVISED: JAN 2006
17.2.3. Worker's Compensation Policy
17.3. The following general requirements are applicable to all policies:
17.3.1. Only insurance companies licensed and admitted to do business in the State of Texas shall be
accepted.
17.3.2. Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per
occurrence basis for property damage only.
17.3.3. Claims made policies shall not be accepted, except for Professional Liability Insurance.
17.3.4. Upon request, certified copies of all insurance policies shall be furnished to the City
17.3.5. Policies shall include, but not be limited to, the following minimum limits:
17.3.5.1. Minimum Bodily Injury Limits of $300,000.00 per occurrence.
17.3.5.1.1. Property Damage Insurance with minimum limits of $50,000.00 for each
occurrence.
17.3.5.1.2. 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.
17.3.5.1.3. Statutory Worker's Compensation Insurance and minimum $100,000.00
Employers Liability Insurance.
17.3.6. Coverage shall be maintained for two years minimum after the termination of the Agreement.
17.4. The City shall be entitled, upon request, and without expense to receive copies of insurance policies
and all endorsements thereto and may make reasonable request for deletion, revision, or modification
of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are
established by law or regulation binding either of the parties hereto or the underwriter of any of such
policies). Upon such request by the City, the Vendor shall exercise reasonable efforts to accomplish
such changes in policy coverage and shall pay the cost thereof. All insurance and bonds shall meet
the requirements of the bid specification and the insurance endorsements stated below.
17.5. Vendor agrees that with respect to the required insurance, all insurance Agreements and certificate(s)
of insurance will contain and state, in writing, on the certificate or its attachment, the following
provisions:
17.5.1. Provide for an additional insurance endorsement clause declaring the Vendor's insurance as
primary.
17.5.2. Name the City and its officers, employees, and elected officials as additional insured's, (as
the interest of each insured may appear) as to all applicable coverage.
17.5.3. Provide thirty days notice to the City of cancellation, non -renewal, or material changes
17.5.4. Remove all language on the certificate of insurance indicating:
17.5.4.1. That the insurance company or agent/broker shall endeavor to notify the City;
and,
17.5.4.2. Failure to do so shall impose no obligation of liability of any kind upon the
company, its agents, or representatives.
17.5.5. Provide for notice to the City at the addresses listed below by registered mail:
17.5.5.1. Vendor agrees to waive subrogation against the City, its officers, employees, and
elected officials for injuries, including death, property damage, or any other loss to
the extent same may be covered by the proceeds of insurance.
17.5.6. Provide that all provisions of this Agreement concerning liability, duty, and standard of care
together with the indemnification provision, shall be underwritten by contractual liability
coverage sufficient to include such obligations within applicable policies.
17.5.7. All copies of the Certificate of Insurance shall reference the project name, bid number or
purchase order number for which the insurance is being supplied.
17.5.8. Vendor shall notify the City in the event of any change in coverage and shall give such
notices not less than thirty days prior notice to the change, which notice shall be
accomplished by a replacement Certificate of Insurance.
Page 4 of 9
0
SPECIFICATIOt9N . 3 0 8 1
99-968-61-01
REVISED: JAN 2006
17.5.9. All notices shall be mailed to the City at the following addresses:
Assistant City Manager
City of Round Rock
221 East Main Street
Round Rock, TX 78664-5299
City Attorney
City of Round Rock
309 East Main Street
Round Rock, TX 78664
17.6. Approval, disapproval, or failure to act by the City regarding any insurance supplied by the Vendor
shall not relieve the Vendor of full responsibility or liability for damages and accidents as set forth in
the these requirements. Neither shall bankruptcy, insolvency, or denial of liability by the insurance
company relieve the Vendor from liability.
17.7. If the Vendor employs, contracts with or otherwise permits any other individual or entity to perform any
of the obligations of the Vendor, then any and all of these individual or entities shall be bound by the
same insurance requirements as the successful bidder.
18. 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.
18.1. Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -
insure issued by the Texas Workers' Compensation Commission, or a coverage agreement (TWCC-81,
TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for
the person's or entity's employees providing services on a project, for the duration of the project.
18.2. Duration of the project - includes the time from the beginning of the work on the project until the
CONTRACTOR'S /person's work on the project has been completed and accepted by the OWNER.
18.3. Persons providing services on the project ("subcontractor") in Section 406.096 - includes all persons or
entities performing all or part of the services the CONTRACTOR has undertaken to perform on the
project, regardless of whether that person contracted directly with the CONTRACTOR and regardless of
whether that person has employees. This includes, without limitation, independent contractors,
subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or
employees of any entity, which furnishes persons to provide services on the project. "Services" include,
without limitation, providing, hauling, or delivering equipment or materials, or providing labor,
transportation, or other service related to a project. "Services" does not include activities unrelated to the
project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets.
18.4. The CONTRACTOR shall provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor
Code, Section 401.011(44) for all employees of the CONTRACTOR providing services on the project, for
the duration of the project.
18.5. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being awarded the
contract.
18.6. If the coverage period shown on the CONTRACTOR'S current certificate of coverage ends during the
duration of the project, the CONTRACTOR must, prior to the end of the coverage period, file a new
certificate of coverage with the OWNER showing that coverage has been extended.
18.7. The CONTRACTOR shall obtain from each person providing services on a project, and provide to the
OWNER:
18.7.1. a certificate of coverage, prior to that person beginning work on the project, so the OWNER will
have on file certificates of coverage showing coverage for all persons providing services on the
project; and
18.7.2. no later than seven calendar days after receipt by the CONTRACTOR, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the current
certificate of coverage ends during the duration of the project.
18.8. The CONTRACTOR shall retain all required certificates of coverage for the duration of the project and for
one year thereafter.
18.9. The CONTRACTOR shall notify the OWNER in writing by certified mail or personal delivery, within 10
calendar days after the CONTRACTOR knew or should have known, or any change that materially affects
the provision of coverage of any person providing services on the project.
Page 5 of 9
C0 60308 -1
SPECIFICATION NO.
99-968-61-01
REVISED: JAN 2006
18.10. The CONTRACTOR shall post on each project site a notice, in the text, form and manner prescribed by
the Texas Workers' Compensation Commission, informing all persons providing services on the project
that they are required to be covered, and stating how a person may verify coverage and report lack of
coverage.
18.11. The CONTRACTOR shall contractually require each person with whom it contracts to provide services on
a project, to:
18.11.1. and filing of any coverage agreements, that meets the statutory provide coverage, based on
proper reporting of classification codes and payroll amounts requirements of Texas Labor Code,
Section 401.011(44) for all its employees providing services on the project, for the duration of
the project;
18.11.2. provide to the CONTRACTOR, prior to that person beginning work on the project, a certificate of
coverage showing that coverage is being provided for all employees of the person providing
services on a project, for the duration of the project;
18.11.3. provide the CONTRACTOR, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
18.11.4. obtain from each other person with whom it contracts, and provide to the CONTRACTOR:
18.11.4.1.
a certificate of coverage, prior to the other person beginning work on the project;
and
18.11.4.2. a new certificate of coverage showing extension of coverage, prior to the end of
the coverage period, if the coverage period shown on the current certificate of
coverage ends during the duration of the project
18.11.5. retain all required certificates of coverage on file for the duration of the project and for one year
thereafter;
18.11.6. notify the OWNER in writing by certified mail or personal delivery, within 10 calendar days after
the person knew or should have known, of any change that materially affects the provision of
coverage of any person providing services on the project; and
18.11.7. contractually require each person with whom it contracts, to perform as required by
paragraphs (A thru G), with the certificates of coverage to be provided to the person for
whom they are providing services.
18.11.8. By signing the solicitation associated with this specification, or providing, or causing to be
provided a certificate of coverage, the Contractor is representing to the Owner that all
employees of the Contractor who will provide services on the project will be covered by workers'
compensation coverage for the duration of the project, that the coverage will be based on
proper reporting of classification codes and payroll amounts, and that all coverage agreements
will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the
Commission's Division of Self -Insurance Regulation. Providing false or misleading information
may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or
other civil actions.
18.11.9. THE CONTRACTOR'S FAILURE TO COMPLY WITH ANY OF THESE PROVISIONS IS A
BREACH OF CONTRACT BY THE CONTRACTOR THAT ENTITLES THE OWNER TO
DECLARE THE CONTRACT VOID IF THE CONTRACTOR DOES NOT REMEDY THE
BREACH WITHIN TEN CALENDAR DAYS AFTER RECEIPT OF NOTICE OF BREACH
FROM THE OWNER.
19. LIENS: Vendor agrees to and shall indemnify and save harmless the City against any and all liens and
encumbrances for all labor, good and services which may be provided under the City's request by Vendor or
subcontractors and if the City requests, a proper release of all liens or satisfactory evidence of freedom from
liens shall be delivered to the City.
20. VENUE: Both the City and the Vendor agree that venue for any litigation arising from a resulting contract shall
lie in Williamson County.
21. INDEPENDENT VENDOR: It is understood and agreed that the Vendor shall not be considered an employee
of the City. The Vendor shall not be within protection or coverage of the City's Worker' Compensation
insurance, Health Insurance, Liability Insurance or any other insurance that the City from time to time may
have in force and effect.
Page 6 of 9
CO 6 0 3 0 8 -
SPECIFICATION NO.
99-968-61-01
REVISED: JAN 2006
PART 11
SPECIFICATIONS
1. SCOPE: This specification describes the application of reflectorized pavement markings and the removal of
existing and raised markings. Services shall include materials, equipment, construction methods, application,
measurement, and payment for markings of these types, colors, shapes, sizes, widths, and thickness shown
on plans or as directed by the City Engineer.
2. INTENDED USE: These specifications cover only the general requirements as to the performance and design
criteria of the application and removal of pavement markings, as well as certain details to which the successful
bidder shall conform. Bidders shall be responsible for all labor, equipment and materials to remove and apply
markings that meets or exceeds all of the requirements as set forth herein, as well as provide markings that
are designed and applied for the intended application.
3. STANDARD: All materials, equipment, construction, preparation and application methods shall be in
accordance with the City of Round Rock's Design and Construction Standards (DACS), Series 800 — Urban
Transportation.
3.1. Item No 861, Reflectorized Pavement Marking, dated January 1, 2005 or latest revision.
3.2. Item No. 874, Elimination of Pavement Marking, dated January 1, 2005 or latest revision.
3.3. DACS are available on the City's website at http://www.ci.round-rock.tx.us/public-
works/dacs/dacs index.htm.
3.4. Please contact Todd Keltgen at 512-218-5562 for additional information on obtaining a copy or
accessing DACS.
4. BIDDER QUALIFICATONS: The opening of a bid will not be construed as the City's acceptance of such
bidder as qualified and responsible. All bidders shall:
4.1. Be firms, corporations, individuals or partnerships normally engaged in the sale and distribution of
commodity or provision of the services as specified herein.
4.2. Have adequate organization, facilities, equipment and personnel to ensure prompt and efficient
service to the City.
4.3. Provide references to include the name, address, telephone number and point of contact of at least
three entities for which the bidder has preformed similar service and or utilized the exact technology
within the past three years. Any negative responses received may result in disqualification of bid.
4.4. 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.
5. CONFIDENTIALITY OF CONTENT: All bids submitted in response to this IFB shall be held confidential until a
contract is awarded. Following the contract award, proposals are subject to release as public information
unless the bid or specific parts of the bid can be shown to be exempt from the Texas Public Information Act.
Bidder are advised to consult with their legal counsel regarding disclosure issues and take the appropriate
precautions to safeguard trade secrets or any other proprietary information. The City assumes no obligation or
responsibility for asserting legal arguments on behalf of potential bidders.
5.1. If a Bidder believes that a bid or parts of a bid are confidential, then the Bidder shall so specify. The
Bidder shall stamp in bold red letters the term "CONFIDENTIAL" on that part of the bid, which the
Bidder believes to be confidential. Vague and general claims as to confidentiality shall not be
accepted. All bid and parts of bids that are not marked as confidential will be automatically considered
public information after the contract is awarded.
6. ORIENTATION OF VENDOR: The City will provide an initial orientation to the Vendor within five days after
contract effective date to identify all policies and operating procedures. During this meeting, the Vendor shall
provide the City with their recommendations for operation. NOTE: It shall be the responsible of the Vendor
to familiarize its personnel with the site, site restrictions, and each job assignment.
Page 7 of 9
CO 60308 -1
SPECIFICATION NO.
99-968-61-01
REVISED: JAN 2006
7. SERVICE RESPONSIBILITIES: The Vendor shall provide all personnel, supplies and equipment needed to
remove and apply pavement markings at all requested locations. Services shall include, but not be limited to
the following:
7.1. The Vendor shall coordinate with the City to develop a schedule that is mutually agreeable to both
parties. A list of responsible representatives with names, titles, addresses and telephone numbers
shall be furnished to the City.
7.2. Assign a primary contact person to serve as a contact to City representative.
7.3. Staff each job with sufficient personnel for a safe and timely completion.
7.4. All equipment used by the Vendor to perform services shall be inspected and licensed by the Texas
Department Transportation and shall comply with all applicable State, Federal and OSHA Regulations.
7.5. The Vendor shall be responsible for providing traffic control for the duration of the agreement
consistent with the provisions set forth in the "1980 Texas Manual on Uniform Traffic Control Devices
for Streets and Highways" or the latest revisions thereof, issued under the authority of the "State of
Texas Uniform Act Regulating Traffic on Highways", codified as Article 6701d Vernon's Civil Statutes,
pertinent sections being Section Nos. 27, 29, 30 and 31.
7.6. Take all steps necessary to ensure all areas of the construction site remain in a neat and litter -free
condition.
8. PERMITS: The successful bidder shall obtain necessary permits or licenses and pay any related fees or taxes
required by governing agencies. City of Round Rock fees will be waived.
9. SUBSTITUTIONS: Bids shall be submitted furnishing the equipment and materials exactly as specified.
Substitute equipment and materials may be furnished provided they are equal or better than the quality
specified in all respects. Submit descriptive data and calculations demonstrating equivalence of performance
of all proposed substitutions of material and equipment to the City or City's Representative for approval not
less than seven (7) days prior to the bid opening date. Acceptance or rejections of any such requests for
substitutions, at the sole option of the City, may be furnished to the bidders prior to the bid opening date.
PART IV
DELIVERY, INVOICE AND PAYMENT
1. DELIVERY: Delivery of the product and service shall be completed within the number of days bid.
2. ACCEPTANCE: Acceptance inspection should not take more than five working days. The vendor will be
notified within this time frame if the services delivered are not in full compliance with the specifications. If any
purchase order is canceled for non-acceptance, the needed equipment may be purchased elsewhere and the
vendor may be charged full increase, if any, in cost and handling.
3. INVOICING AND PAYMENTS: The work performed and materials furnished in accordance with this
specification and measured as provided herein will be paid for at the unit price bid for the various types, colors,
shapes, sizes, widths, and thickness specified. This price shall be full compensation for furnishing all
materials; for application of pavement markings; and for all other labor, tools, equipment and incidentals
necessary to complete the work. Vendor shall submit one original and one copy of each invoice on a monthly
basis to the following address:
City of Round Rock
Accounts Payable
221 East Main Street
Round Rock, TX78664-5299
4. PROMPT PAYMENT POLICY: Payments will be made within thirty days after the city receives the supplies,
materials, equipment, or the day on which the performance of services was completed or the day on which the
City receives a correct invoice for the supplies, materials, equipment or services, whichever is later. The
Vendor may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for payments
not made in accordance with this prompt payment policy; however, this policy does not apply to payments
made by the City in the event:
4.1. There is a bona fide dispute between the City and Vendor concerning the supplies, materials, or
equipment delivered or the services performed that causes the payment to be late; or
Page 8 of 9
CO 60308x1
SPECIFICATION NO.
99-968-61-01
REVISED: JAN 2006
4.2. The terms of a federal contract, grant, regulation, or statute prevent the City from making a timely
payment with Federal Funds; or
4.3. There is a bona fide dispute between the Vendor and a subcontractor or between a subcontractor and
its suppliers concerning supplies, material, or equipment delivered or the services performed which
caused the payment to be late; or
4.4. The invoice is not mailed to the City in strict accordance with instructions, if any, on the purchase order
or contract or other such contractual agreement.
5. OVERCHARGES: Vendor hereby assigns to purchaser any and all claims for overcharges associated with
this agreement which arise under the antitrust laws of the Untied States, 15 USGA Section 1 et seq., and
which arise under the antitrust laws of the State of Texas, Bus. And Com. Code, Section 15.01, et set.
Page 9 of 9
ACORDTM CERTIFICATE OF LIABILITY INSURANCE04/14/06
DATE D°"'
" 4/14/ (MM/DD/YY)
PRODUCER
Wachovia Insurance Services, Inc.
5956 Sherry Lane
Suite 2000
Dallas, TX 75225-6531
1-214-365-9150
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
INSURED
United Rentals Highway Technologies,Inc.
Five Greenwich Office Park
Greenwich, CT 06830
I
A
INSURER A: ACE American Insurance Co.
INSURER B: Fireman' s Fund Insurance Company
INSURER C:
INSURER D:
INSURER E:
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE (MM/DD/YYl
POLICY EXPIRATION
DATE /MMIDDIYYI
LIMITS
A
GENERAL
X
UABIUTY
COMMERCIAL GENERAL LIABILITY
XSLG21727647
01/01/06
01/01/07
EACH OCCURRENCE
$ 3,000,000
FIRE DAMAGE (Any one fire)
$ 2,000,000
CLAIMS MADE X OCCUR
MED EXP (Any one person)
$ NA
X
$2,000,000 SIR
PERSONAL &ADV INJURY
$3,000,000
GENERAL AGGREGATE
$ 6,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY PR� LOC
PRODUCTS - COMP/OP AGG
$ 6,000,000
A
AUTOMOBILE
X
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
ISAH08016598
01/01/06
01/01/07
COMBINED SINGLE LIMIT
(Ea accident)
$ 5, 000, 000
BODILY INJURY
(Per person)
$
BODILY INJURY
(Per accident)
$
PROPERTY DAMAGE
(Per accident)
$
GARAGE
LIABILITY
ANY AUTO
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EA ACC
$
AUTO ONLY: AGG
$
A
EXCESS
X
LIABILITY
OCCUR CLAIMS MADE
DEDUCTIBLE
RETENTION $
X00323571912
01/01/06
01/01/07
EACH OCCURRENCE
$ 1,000,000
AGGREGATE
$ 1,000,000
$
$
$
A
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
See Attached List
01/01/06
01/01/07
X WCSTATU- OTH-
TORY LIMITS ER
E.L. EACH ACCIDENT
$ 2,000,000
E.L. DISEASE - EA EMPLOYEE
$ 2,000,000
E.L. DISEASE - POLICY LIMIT
$ 2,000,000
B
OTHER
Property
97124517
04/01/06
04/01/07
Per Occurrence $5,000,000
$
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
**See page 2 for additional information.
CERTIFICATE HOLDER ADDmONAL INSURED; INSURER LETTER:
CANCELLATION
City of Round Rock
221 Bast Main Street
Round Rock, TX 78664
I
USA
SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
.
-S (7197) hwillingham
4188817
G ACORD CORPORATION 1988
_J
United Rentals, Inc. and all Subsidiaries Certificate Continuation
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY
ENDORSEMENT/SPECIAL PROVISIONS Cont.
Re: All operations performed for the Certificate Holder.
PROPERTY - Blanket Loss Payee - All entities, where required by written contract. All Risk
including Flood and Earthquake. Replacement cost coverage included.
Blanket Additional Insured - All entities, where required by written contract. * Applies to
General Liability and Auto Liability on a primary basis.
Blanket Waiver of Subrogation - All entities, where required by written contract. Applies to
General Liability, Auto Liability and Workers' Compensation policies. Per State Laws, Waiver of
Subrogation does not apply in New Jersey, New Hampshire and Kentucky.
Coverage is Primary per terms of Coverage Form XS - 6U91.
* General Liability policy includes:
Additional Insured where required by written contract form CC1E15 [wording as per CG 20 10
(11/85)] applies to contracts signed prior to 01/01/2006.
Additional Insured where required by written contract form CC1E15 [wording as per CG 20 10
(07/04)] applies to contracts signed on or after 01/01/2006.
Contractual Liability
"XCU" Hazards
Broad Form Property Damage coverage
Independent Contractors coverage
ACE Issued Workers Compensation Policies -
SCF C44447113 - ACE American Insurance Co. (State of Wisconsin)
WLR C44447101 - ACE American Insurance Co. (State of AZ, CA, FL, ID, NJ, RI)
WLR C44447095 - ACE Fire Underwriters Insurance Co. (All Other States)
Workers' Compensation Self Insured/State Fund Policies -
State of Washington - Self Insured Certificate #601,908,516
State of North Dakota - State Fund Employer Acct #821330
State of Ohio - State Fund Policy #1303683
State of West Virginia - State Fund Policy #20302489-101
State of Wyoming - State Fund Policy #00134808