Travis County Purchasing Office

P.O. Box 1748 Austin, TX 78767

Invitation For Bid NO. 205-TR

FOR

Grounds and Parks Maintenance Services

You are invited to submit a response in accordance with the attached requirements packet.

FOR INFORMATION RELATED TO THIS SOLICITATION, THE RESPONDENT SHALL NOT CONTACT ANYONE AT

TRAVIS COUNTY OTHER THAN THOSE PERSONS LISTED AS THE POINT OF CONTACT. ANY OTHER CONTACT MAY

DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD.

INDIVIDUALS OR ENTITIES INTENDING TO RESPOND TO THIS SOLICITATION AND ANY PERSON ACTING ON

BEHALF OF THEM ARE PROHIBITED FROM CONTACTING INDIVIDUAL MEMBERS OF THE TRAVIS COUNTY

COMMISSIONERS COURT OR THEIR STAFF OR USER DEPARTMENT STAFF ABOUT THIS SOLICITATION. ANY SUCH

CONTACT MAY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD.

Solicitation Submissions: Bidders, you are strongly encouraged to submit your bids online via Bidnet. A secondary option would be to submit your bid via USPS mail, FedEx, DHL, etc. IF YOU PLAN TO DELIVER A HARD

COPY TO THE PURCHASING OFFICE, YOU MUST CONTACT THE PROCUREMENT SPECIALIST ONE (1) BUSINESS

DAY PRIOR TO DELIVERY. Bids submitted electronically will be available immediately after the solicitation opening date and time on Bidnet. Please note hard copy responses will be uploaded on Bidnet and available to the public within four business hours of the opening date and time.

Solicitation Openings: The Purchasing Offices strongly encourages you to download the bid tab from BidNet or use the virtual Microsoft TEAMS dial-in information (supplied below) during which the bids will be read aloud.

We are strongly discouraging you from going to our office for the bid opening.

FOR INFORMATION REGARDING THE CONTRACT AWARD(S) RESULTING FROM THIS SOLICITATION, PLEASE

REFER TO THE TRAVIS COUNTY COMMISSIONERS COURT PORTAL AT:

https://countyclerk.traviscountytx.gov/departments/commissioners-court/

Bid Opening Microsoft TEAMS Meeting Information:

Meeting ID: 281 784 171 886 872

Passcode: 59po3Mi3

Dial in by Phone +1 512-854-8326,,426839288# United States, Austin

Phone conference ID: 426 839 288#

Prices Good For 120 Days https://www.traviscountytx.gov/purchasing/solicitation tel:+15128548326,,426839288 https://www.traviscountytx.gov/purchasing/solicitation

BIDDING INSTRUCTIONS FOR INVITATION FOR BIDS (IFB)

1.0 PREPARATION OF BIDS. Bids will be prepared in accordance with the following:

1.1 Bidders must thoroughly examine all documents in the Invitation for Bids (IFB), including the drawings, specifications, schedule, and instructions.

1.2 Bidders may visit and review all service and delivery locations stated in the Specifications. Bidders must investigate all conditions necessary to be thoroughly informed about departments, plans, and facilities for delivery of material and equipment and performance of services required by the

IFB. Bidders may arrange a site visit by contacting the Bid Contact listed in BidNet.

1.3 Bidders must submit bids on the forms furnished. Other bid forms are not acceptable.

1.4 Bidders must furnish all information required by the IFB.

1.5 Travis County does not pay any costs incurred by Bidder in the preparation of a bid.

1.6 Unless authorized by the IFB, the Purchasing Office does not consider alternate bids.

2.0 PRE-BID CONFERENCE. This section applies if a pre-bid conference is included in the solicitation requirements:

2.1 By submitting a bid, the bidder warrants that they are fully satisfied that these specifications, as amended if applicable, accurately describe or indicate that all conditions, site or otherwise, have been taken into account in determining the bid price(s). There will be no increase in the contract price based upon a bidder’s misunderstanding or lack of knowledge about the intent of this solicitation.

2.2 Bidders are encouraged to attend the Pre-Bid conference and make their attendance a matter of record by completing a sign-in roster identifying the prospective bidder, name, and title of their attending representative.

2.3 The purpose of the Pre-Bid Conference is to ensure:

2.3.1 A clear understanding of County needs,

2.3.2 The accuracy of specifications, descriptions, and solicitation terms, conditions, and documents,

2.3.3 Identifying any problems that might prevent obtaining the proper services or equipment/supplies, at a fair and reasonable price, or any issues that inhibit fair and accurate solicitation or restrict competition.

2.4 Any changes resulting from the Pre-Bid Conference affecting specifications, the scope of work, or which may require an extension to the bid opening date will be reduced to writing in the form of an amendment to this solicitation. Such amendment will be disseminated to all prospective bidders.

3.0 DESCRIPTION OF GOODS. Any catalog or manufacturer's reference in this IFB is merely descriptive, unless specifically stated otherwise. The reference is used only to indicate type and quality of goods.

Bidder must state exactly what brand name and model number it intends to furnish in the "BIDDING ON" blank after each item in the Item Response Form. If no entry is made in the "BIDDING ON" blank after each item, Bidder must furnish the exact brand name and model number referenced in the item description if awarded the contract.

4.0 DESCRIPTION OF SUPPLIES. Any catalog or manufacturer's reference used in describing an item is merely descriptive, and not restrictive unless otherwise noted, and is used only to indicate type and quality of material. Bidders must state exactly what they intend to furnish.

5.0 BID PRICES. Bidder must enter unit prices in the Item Response Form based on following criteria:

5.1 Bidder must quote prices that include any and all associated costs necessary to properly provide the services, including the cost of all labor, equipment, materials, and travel, including travel to the site, and the cost of shipping and delivery of all items to the designated FOB point.

5.2 When the Bidder must provide both unit prices and a total price, the unit price governs if a conflict exists between the unit price and total price.

5.3 Bidder will deliver equipment completely assembled, adjusted, serviced, and ready for continuous heavy-duty service.

5.4 Bidder must not include federal, or Texas limited sales, excise and use taxes in bid prices because the County is exempt from paying these taxes. (Tex. Tax Code Ann. 151.309).

5.5 Bidder warrants that its price will remain firm and subject to acceptance by the Commissioners

Court after bid opening date for the “Prices Good For” period on page 1 (cover page).

5.6 Unit prices MUST remain firm for the DURATION of the contract unless extraordinary, verifiable circumstances justify a change.

6.0 PURCHASE ORDER. Contractor will not deliver any items and/or perform any services until a purchase order number is assigned by the designated representative of the County Purchasing Office. Contractor will reference purchase order and contract number on all invoices submitted to the Travis County

Auditor. Upon issuance of a purchase order, the contract administrator will call the Contractor with the items needed or work to be performed. The Contractor must respond by supplying the parts or performing the maintenance service at the time required. Failure to act in this manner may result in termination of this contract.

7.0 DELIVERED SUPPLIES.

7.1 If the Contractor did not specify what he intends to furnish, Contractor must furnish items as specified in the item description.

7.2 Contractor certifies that any substitute brand matches the essential performance and salient characteristics of the Brand Name stated in the item description and must replace it if it does not conform.

7.3 All supplies or equipment shall be the latest improved model meeting specifications in current production at the time of delivery. The delivered items shall be of new manufacture including all parts, components, and accessory items. Equipment shall be delivered completely assembled, adjusted, serviced, and ready for continuous heavy-duty service.

8.0 HISTORICALLY UNDERUTILIZED BUSINESS (HUB) DECLARATION. The HUB Declaration Form (if applicable) must be completed and submitted with your bid. It includes the explanation and instructions required for completion.

9.0 CERTIFICATION REGARDING DEBARMENT. The Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion for Covered Contracts Form must be completed and submitted with your bid. It includes the explanation and instructions required for completion.

10.0 CLARIFICATION OF BID SPECIFICATION.

10.1 Before the Question-and-Answer End Date listed in BidNet, if in doubt about the true or intended meaning of any part of the IFB, a potential Bidder may ask for clarification from the Bid Contact listed in BidNet.

10.2 After the Question-and-Answer End Date, a potential Bidder may submit a written request for clarification to the Bid Contact listed in BidNet if further clarification is desired or the Bidder objects to the IFB. A request for clarification must be submitted on BidNet or delivered to the Purchasing

Office at least 5 days before the scheduled opening of bids. The person making the request is responsible for its timely delivery. The Purchasing Office only responds to requests for clarification in Bid Amendments posted in BidNet. Bidders cannot rely on any explanation or interpretation that is not in compliance with this paragraph. The full description of this procedure is described in

Section 18.002 Requests for Clarification of the Travis County Purchasing Procedures Guide available at: https://www.traviscountytx.gov/images/purchasing/Doc/purchasing-procedures-guide.pdf

11.0 DOCUMENTATION.

11.1 Before the date scheduled for bid opening, Bidder must submit a complete bid package which includes at least:

11.1.1 Bidder Acknowledgement Form

11.1.2 Completed Item Response Form

11.1.3 Historically Underutilized Business (HUB) Declaration

11.1.4 Ethics Disclosure Form

11.1.5 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion for

Covered Contracts

11.1.6 Internal Revenue Form W-9 that is completed in compliance with the Internal Revenue

Code, its rules and regulations. This form may be accessed at:

https://www.irs.gov/pub/irs-pdf/fw9.pdf

11.1.7 References, if applicable

11.1.8 Safety Questionnaire, if applicable

11.1.9 Location by Service Technician, if applicable

11.1.10 Request For Approved Equal, if applicable

Note: Failure To Provide All Information Requested May Result in Disqualification of The Bid as non-responsive.

11.2 Before award, Bidder must submit a Certificate of Interested Parties - Form 1295.

12.0 BID BONDS. If the IFB states that a Bid Bond is required, Bidder must submit a Bid Bond equal to 5% of its bid when Bidder submits its bid. The Bid Bond may be submitted in any of the following forms: 1) a

SURETY BID BOND executed with a Surety Company authorized to do business in Texas, 2) a CASHIERS

CHECK made payable to Travis County, or 3) an IRREVOCABLE LETTER OF CREDIT made payable to Travis

County. The Bid Bond must be conditioned on the Bidder executing a contract, if awarded the contract, and providing a Performance Bond, if required. Travis County returns Bid Bonds no later than 10 days after the later of contract award or the successful Bidder providing a Performance Bond, if required.

13.0 SUBMISSION OF BIDS. There is NO COST to the Bidder for submission of a bid. Bidders may submit bids either electronically through BidNet or in paper format by delivery to the Travis County Purchasing Office.

13.1 Electronic submission. To submit a bid electronically, refer to https://www.traviscountytx.gov/purchasing/solicitation for further information.

13.2 Paper submission. To submit a bid in paper form, the Bidder must print a complete copy of the

Invitation for Bids, including all Amendments, and print or type its name on the bid form, and manually sign it. The Bidder must put the original and copies in a SEALED ENVELOPE or package.

The Bidder must put the NAME AND ADDRESS OF BIDDER, the DATE OF BID OPENING, the GOODS https://www.traviscountytx.gov/images/purchasing/Doc/purchasing-procedures-guide.pdf

OR SERVICES BID ON, and the IFB NUMBER on the outside of the envelope or package. The Bidder must deliver the bid to the Purchasing Agent at 700 Lavaca, 8th Floor, Austin, Texas OR to the

Purchasing Office, P.O. Box 1748, Austin, Texas 78767.

14.0 REPRESENTATIONS BASED ON SUBMISSION. By submitting a bid, the Bidder represents and warrants that:

14.1 Bidder is fully satisfied that the IFB, as amended if applicable, accurately indicates that all specifications, requirements, conditions, site or otherwise, and Bidder has considered these in determining its bid prices and Bidding On description.

14.2 Bidder will not make any plea for increase in the contract price or vary the County’s requirements due to:

14.3 Bidder’s ignorance resulting from failure or omission to make the necessary investigations, about the IFB conditions that exist or may exist.

14.4 Bidder’s inability to fulfill every detail of the IFB requirements and acknowledges that none will be accepted as a reason bid.

14.5 If Bidder stated a brand or model in the "BIDDING ON" blank after an item in the Item Response

Form other than the reference used by the County, the substituted brand or model matches the essential performance and salient characteristics of the Brand Name referenced by County and will replace the substitute if it does not conform.

14.6 All supplies or equipment shall be the latest improved model meeting specifications in current production at the time of delivery.

15.0 WITHDRAWAL OF BID. A Bidder may not withdraw its bid after the time scheduled for bid opening, unless approved by Commissioners Court.

16.0 LATE BID OR MODIFICATION. The Purchasing Agent will not accept a bid or modification to a bid received after the time scheduled for bid opening.

17.0 PRE-AWARD SURVEY. After bid opening and before award, County may perform a pre-award survey of the bidder's facilities and equipment to be used in the performance of work under this IFB. Bidder agrees to allow all reasonable requests for inspection of its facilities and equipment with one (1) week notice.

FAILURE TO ALLOW A REQUESTED SURVEY MAY RESULT IN DISQUALIFICATION OF THE BID AS NON-RESPONSIVE. County may reject facilities or equipment as inadequate to perform this IFB as a result of the pre-award survey.

18.0 CERTIFICATE OF INTERESTED PARTIES.

18.1 Section 2252.908 of the Government Code does not allow a county to enter into certain contracts with a business unless the business submits a disclosure of interested parties form to it when the business submits the signed contract to the county. This form discloses any interested parties who own 10% or more of the business and those persons who actively participate in facilitating the contract or negotiating the terms of the contract like a broker, intermediary, advisor, and/or attorney.

18.2 The Certificate of Interested Parties (Form 1295) is posted on the Texas Ethics Commission’s website. Vendors who are awarded contracts requiring an action or vote by the Commissioners

Court for goods or services over $50,000, or any contract over $1 million are required to submit a signed Form 1295 to the Purchasing Office before the Commissioner Court approves the contract or a purchase order is issued.

18.3 Please follow the process to create a Form 1295 at: https://www.ethics.state.tx.us/filinginfo/1295/

The “identification number” to be used on Form 1295 for this procurement is the solicitation number.

19.0 METHOD OF AWARD OF CONTRACT.

19.1 Award, if any, will be made to the responsive and responsible Bidder submitting the lowest bid price for the item(s) as specified in the Item Response Form and meeting all the requirements of this IFB.

19.1.1 A bid is non-responsive if the Bidder does not provide all of the forms and information required in the IFB or does not allow a pre-award survey of its facilities and equipment or does not strictly comply with any of the requirements stated in the IFB.

19.1.2 A Bidder may be determined not to be responsible for any factor that supports a reasonable conclusion that the Bidder is not able to perform fully and deliver in compliance with the contract requirements based on past performance, financial capabilities, and business management. Examples of these factors might be inadequate facilities or equipment to perform the work on time, lack of sufficient experience based on the size or complexity of the work, or inability to obtain required bonds or insurance.

19.2 Commissioners Court may award one or more contracts to responsive, responsible Bidders who submits the lowest and best bid for all, or a portion of the items described in the IFB or may reject all bids and issue a new solicitation if the goods or services are still needed. The County may also waive any minor informalities or irregularities in any bid.

19.3 Travis County may award on an “all or none”, or “group” or “line item” basis. The County may accept any item or group of items in this bid, unless the bidder limits acceptance of his bid on an

"All or None" basis. To be considered responsive, bidder must bid on all items in a group or groups that must be awarded together as stated in the IFB. A Bidder may bid on all groups or only some groups.

19.4 The Delivery Time or Delivery Schedule offered by Bidders will be considered in determining the lowest and best bid.

19.5 If the Bidder does not have its principal place of business in Texas, Texas law requires that nonresident Bidder to underbid Texas Bidders by the same amount that Texas bidders would be required to underbid that bidder in its home state. TEX. GOV'T CODE ANN., Ch. 2252. This does not apply to a contract involving federal funds.

19.6 If two or more responsive, responsible Bidders submit the lowest and best bid, the Commissioners

Court decides among them by drawing lots as prescribed by the County Judge. County may not award a contract to a Bidder who is not the lowest dollar Bidder meeting specifications unless, before the award, each lower Bidder is given notice of the proposed award AND an opportunity to appear before the Commissioners Court and present evidence about that Bidder's responsibility or responsiveness.

19.7 Prompt payment discounts will not be considered in determining low bids and making awards.

20.0 PROTEST AFTER AWARD.

20.1 Protests after award must be submitted within 10 Working Days after award by Commissioners

Court. The Purchasing Agent must issue a written decision on the protest within 10 Working Days after date of receipt of it.

20.2 The Bidder may appeal the Purchasing Agent's decision within 10 Working Days after receiving it.

The Bidder must submit the request for an appeal to the Purchasing Agent, who presents it to the

Commissioners Court. The Bidder is notified of the time and place that Commissioners Court will hear the appeal.

20.3 The full description of protest and appeals procedure is described in Section 18.004 Protest of

Award of the Travis County Purchasing Procedures Guide, available at:

21.0 REJECTION OF BIDS. County may reject a bid if it is not satisfactory to Commissioners Court.

21.1 The County may reject all bids and re-advertise if appropriate, whenever it is in the best interest of the County.

21.2 The County may reject any part of a bid unless the bid has been qualified as All or None.

22.0 COUNTY ETHICS POLICY.

22.1 The County Ethics Policy requires Contractors to disclose these activities involving County officials and employees who make contracting decisions:

22.1.1 Doing business with them when Contractor would not offer the same deals to the general public

22.1.2 Making political contributions to them, and

22.1.3 Lobbying to influence them to make these decisions based on factors other than demonstrated competence.

22.2 To comply complete the forms at: https://purchasingtransparency.traviscountytx.gov/public

PART I - SPECIFICATIONS

1. SCOPE OF WORK: Contractor shall furnish all labor, materials, equipment and tools necessary to provide Grounds Maintenance and Litter Pick-up Services at the locations identified in Item Response

Form in accordance with these specifications.

2. GENERAL REQUIREMENTS:

2.0. Work Force: Contractor’s staff shall wear a uniform and shall conduct themselves in a professional manner on-site.

2.1. Neglect and Vandalism: Turf, shrubs, trees or plants, structures, amenities, infrastructure (including irrigation system components) that are damaged or killed due to Contractor’s operations, negligence or chemicals shall be replaced at no expense to Travis County. If plant damage or death is caused by conditions beyond the Contractor’s control, replacement shall be at Travis County’s discretion and expense.

2.2. Safety Requirements: All application, material handling and associated equipment shall conform to and be operated in accordance with Occupational Safety and Health Administration (OSHA) safety requirements. Contractor shall maintain good housekeeping at all times. Possession of drugs and/or alcoholic beverages and firearms are strictly prohibited at all times at the job site.

The Contractor and its employees must comply with all security and safety requirements imposed by Travis County at all times while on County property.

2.3. Equipment Requirements: Contractor shall have necessary skills and equipment to perform all required work. This will include landscape-style mowers and trimmers to meet requirements for parks and other areas that require a high degree of landscape finishing. Tractors, shredders, and trimmers may be needed in other areas that are infrequently mowed and/or do not need a high degree of landscape finishing.

2.4. Mowing Services: Travis County will provide five (5) calendar day notice for performance of mowing services at any specified location. Contractor shall respond to request for mowing within two (2) calendar days, shall initiate project within five (5) calendar days of response, shall have services completed within three (3) calendar days of start, and will notify Travis County within one (1) day of completion. Areas that are not completed to specifications as determined by Travis County will be completed within two (2) calendar days of notification by the County. Contractor will submit invoice within seven (7) days of acceptance of work completion. Travis county may pause mowing services at its discretion.

2.5. Contractor shall pick up litter in areas to be mowed prior to mowing.

2.6. Contractor shall perform edging/trimming services at the same time that mowing is performed.

The amount and extent of edging and trimming will be determined by Travis County. Mechanical edgers/trimmers shall be used at all possible locations. When using mechanical edgers/trimmers, care shall be taken by the contractor to ensure that County facilities and vegetation are not damaged. Any facilities or vegetation damaged due to Contractor negligence shall be the Contractor’s responsibility to repair and/or replace.

2.7. When performing services, the Contractor shall post signs as necessary to caution park visitors of mowers in the area. Every effort will be made to AVOID mowing on weekends (Saturday and Sunday) to minimize potential risk to visitors on busy days.

2.8. Contractor is responsible for clearing litter, fallen tree limbs, etc. from grounds prior to mowing.

Contractor shall pick up small limbs (less than 2” in diameter and less than 6’ in length) and place in single location (identified by Travis County) on property. Larger limbs will be reported to Travis County (to be removed by Travis County) by contractor when notice of completion is given.

2.9. Contractor will pick up limbs located at pre-identified locations at the request of Travis County.

2.10. Contractor is liable for damage to visitor’s vehicles and other property if damage is a result of any services performed by contractor under the performance of this contract.

2.11. Tree Trimming: These services are for Travis County Correctional Complex. Contractor shall perform sanitation tree pruning for trees near picnic table and get building clearance and lift low hanging branches on all semi-mature and mature trees near buildings. Contractor shall perform aggressive pruning on Ash Trees to obtain clearance. Structural pruning on Ornamental semi mature and youthful trees. Species include: Arizona Ash: Live Oaks; Red Oaks; Pecan: Crape Myrtles and MT Laurels. Clearance will be addressed at Parking Entrance; Finance Office and buildings 230; 300; 310; 312; 240; 250; 120; 130; 160; 108; 189; 188; 187; 186; 185.

2.12. Weed Maintenance:

Bluff Bamboo Maintenance Bluff mesquite and ratoma maintenance Doctor Scott Dr maintenance Hancock Ranchland maintenance Hibbs Ln maintenance Hubbard Gregg maintenance Kurshid/ CC Carlton maintenance Kurdish/ CC Carlton Ragweed and poison ivy maintenance Reimer Peacock monthly maintenance Traflagar (upper and lower) maintenance

PART II - SPECIAL PROVISIONS

1. SCOPE OF CONTRACT: This is a firm fixed price, estimated quantity contract calling for delivery of the services and items identified in the Item Response Form at the stated prices submitted by the bidder.

Upon acceptance of a bid by Travis County Commissioners and issuance of a Contract Award by the Travis County Purchasing Agent, Bidder shall be obligated to deliver the services at the stated prices, within the time specified, and in accordance with all Terms and Conditions, and General Provisions contained herein. The quantities stated in the Item Response Form are the best estimates of Travis County's needs for a one (1) year period. They represent a realistic estimate based on past consumption for purposes of securing a bid price. The quantities are not firm and are not hereby ordered or called for. Actual requirements will be stated through issuance of individual purchase orders against the contract, and no obligation to pay for any quantities shall be deemed to exist unless or until such purchase orders are issued. Travis County is not obligated to order products or services not covered by this contract and the County is free to secure those requirements from other sources in accordance with applicable purchasing statutes.

2. TERM OF CONTRACT: This contract shall be for a two (2) year period commencing upon award by the Travis County Commissioners Court.

3. OPTION TO EXTEND: County may unilaterally extend this Contract for (i) two (2) additional two (2) year periods and (ii) three (3) additional one (1) month periods (individually, an “Option to Extend” and collectively, the “Options to Extend”), and all provisions of this Contract, except for term and price, shall remain unchanged and in full force and effect. County shall exercise an Option to Extend no sooner than ninety (90) calendar days prior to expiration of the then current term. The total term of this Contract, including the Options to Extend, shall not exceed seventy-five (75) months. County shall have the right to exercise all or a portion of the Options to Extend in any combination it deems necessary.

4. BID PRICES: Unit prices quoted shall include the cost of all labor, materials, travel and equipment necessary to properly provide services and shall not include Federal or State of Texas sales, excise and use taxes. Prices also shall include travel time to each site. Bidder shall include any and all cost associated in the unit prices. Prices shall remain firm for the period of the contract. All travel and per diem shall be included in the unit price.

5. OPTION TO ADD OR DELETE: County may add or delete line items as needed. Travis County Purchasing Office will notify contractor in writing of scheduled addition or deletion of items. If a line item is to be added to the contract, Travis County shall request a quote and will provide specifications for that line item. Contractor shall provide a quote within ten (10) business days of the request. If a line item is to be deleted, Travis County shall provide a fourteen (14) day notice to Contractor note an official date for Contractor to no longer provide service for that location. Any additions or deletions shall be incorporated through a contract modification.

6. TRAVIS COUNTY REPRESENTATIVE STATUS: Travis County's representative shall have general supervision and direction of the work and shall represent Travis County in all matters pertaining to the work as provided in the contract documents. The Travis County representative has authority to stop the work whenever such stoppage may be necessary to ensure the proper performance of the contract and shall have authority to reject any and all materials, whether worked or unworked, if such materials are not in accordance with the plans and specifications.

7. COOPERATIVE PURCHASING. Contractor shall allow other governments that have cooperative purchasing or inter-governmental contracts with County to purchase goods or services under this Contract. Under co-operative purchasing contracts with County, each government makes its own orders.

Contractor shall deliver to other governments located within Travis County on the same terms and conditions as you deliver to County. Contractor may negotiate other delivery charges for governments located outside Travis County if that other government makes an order. Contractor must bill all purchases by other governments directly to the government placing the order and that government must pay Contractor directly. County is not responsible for purchases or debts incurred by any other government. Contractor acknowledges and expressly agrees that County is not a partner with or agent or representative of any other government purchasing under this Contract.

8. COMPLIANCE WITH APPLICABLE LAW: For projects authorized under this contract which has Federal and/or State funding, Contractor shall comply with all applicable federal, state and local laws, regulations and ordinances related in any way to this Contract. Contractor shall notify the County in writing of any failure to comply with such laws, regulations, or ordinances, where such failure affects in any way Contractor’s ability to provide services(s) under this Contract. Contractor shall provide all invoices and other project related documents for Federal and/or State funded projects as outlined in the project’s final approved proposal/scope.

9. CONTRACT ADMINISTRATOR: For purposes of monitoring performance, establishing requirements, approving and coordinating schedules, the County department(s) named below shall act as Contract Administrator on behalf of Travis County.

Dept Name: TNR

Attn: Neelie Kildow-Group A

Phone Number: 512-300-1168 Email Address: Neelie.Kildow@traviscountytx.gov

Dept Name: TNR

Attn: Jayson May-Group B

Phone Number: 325-446-6247 Email AddressJayson.May@traviscountytx.gov

Dept Name: TCSO

Attn: Mary Fleming

Phone Number:

Email Address: Mary.Fleming@traviscountytx.gov

10. ENVIRONMENTAL COMPLIANCE: It shall be grounds for termination of the contract if Contractor or its business owner or operator, partner, affiliated corporation, or subsidiary is in substantial violation of an applicable environmental requirement relating to environmental quality, including but not limited to the federal Clean Water Act (CWA), federal Clean Air Act (CAA), Resource Conservation and Recovery Act (RCRA), Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), Chapters 26 and 27 of the Texas Water Code, Chapters 361 or 382 of the Texas Health and Safety Code, or local ordinances and code. Substantial violation means one or more violation of an applicable environmental requirement resulting in the potential for a significant adverse impact on human health, aquatic life, a surface or groundwater resource, or enjoyment of property, including any violation resulting in a civil or administrative enforcement action. Applicable environmental mailto:Emily.Ackland@traviscountytx.gov mailto:Neelie.Kildow@traviscountytx.gov mailto:Emily.Ackland@traviscountytx.gov mailto:Jayson.May@traviscountytx.gov mailto:Emily.Ackland@traviscountytx.gov requirement means an environmental law, regulation, county or municipal ordinance, permit, order, consent, decree, or other requirement.

Within ten (10) days of receipt of any Notice of Violation, Notice of Enforcement, or other citation from the Texas Commission on Environmental Quality (TCEQ) associated with the Contractor’s facilities, Contractor shall notify the Purchasing Agent in writing. Contractor shall notify the

Purchasing Agent of TCEQ’s requirements for resolution of Notice of Violations, within ten (10) days of resolution.

Contractor shall ensure that any facility or operation that is the subject of this contract or related to this contract will be operated and maintained in conformance with all federal, state, and local requirements for wastewater discharge, storm water management, solid waste (including hazardous waste) management, petroleum product, oil, and hazardous substance storage and management, and similar environmental management.

Contractor must maintain an accurate and up-to-date spill prevention and spill response plan that can immediately be implemented to address and contain a spill or discharge of any hazardous substance, solid waste, or hazardous waste. Contractor shall ensure each facility has staff trained and qualified to immediately implement a spill response plan, if the need should arise.

Contractor shall ensure the use of best industry practices for the management of waste at its facilities and operations. For purposes of this contract, the failure to respond to any Notice of Violation, Notice of Enforcement, or other citation issued after the date of this contract, in the manner and within the time prescribed in such Notice of Violation, Notice of Enforcement, or other citation, as defined in the Travis County policy regarding consideration of the safety record of bidders, for a violation of an environmental protection law or regulation at a facility, or for any Contractor affiliated company or operation associated with the facility, shall be deemed evidence of failure to use best industry practices and shall be grounds for terminating this contract.

11. SITE VISITS: Prospective bidders are encouraged to visit and review all service locations which have been specified in the Specifications. It is the bidder’s responsibility to make all investigation necessary to be thoroughly informed regarding departments listed in the Specifications. A site visit can be arranged by contacting the Purchasing Office Point of Contact and the Contract Administrator.

12. PRE-AWARD SURVEY: After bid opening and prior to award, County reserves the right to make a pre-award survey of any of all bidder’s facilities and equipment to be used in the performance of work under this solicitation. Bidder agrees to allow all reasonable requests for inspection of such facilities with one (1) week notice. Failure to allow such an inspection shall be cause of rejection of bid as non-responsive. County reserves the right to reject facilities or equipment as unacceptable to performance under this solicitation as a result of such pre-award survey. In addition, bidder’s reputation relating to quality of performance may also be used for purposes of evaluating bidder’s suitability for award under this solicitation.

13. INSURANCE: Contractor shall have and shall require all subcontractors providing services to obtain and maintain, standard insurance sufficient to cover the needs of both Contractor and all Subcontractors pursuant to applicable generally accepted business standards. Upon prior reasonable notice to

Contractor, County may review insurance requirements and require Contractor to make reasonable adjustments when the scope of Services has been expanded.

Contractor is responsible for all premiums, deductibles, and self-insured retention. Contractor shall obtain insurance that meet the following standards:

• Coverage written by companies licensed in Texas with an A.M. Best rating of B+ VIII or higher;

• Coverage written as Combined Single Limits or structured using primary and excess or umbrella coverage that follows the form of the primary policy;

• Coverage that provides at least the types and limits in this Attachment.

As evidence of coverage, Contractor shall provide a Certificate of Insurance issued by the writing agent or carrier to the Purchasing Agent within 10 working days after both Parties execute this Agreement.

The Certificate must state the Travis County contract number, show all deductibles and self-insured retention, and include all endorsements required by that type of coverage by number. Upon County’s request and without expense, County may receive certified copies of policies and endorsements.

Insurance, which includes Travis County as Additional Insured, is considered primary for all claims except for professional liability and E & O Policies.

Contractor shall not allow any insurance to be cancelled or lapse during any term of this Agreement.

The minimum types and limits of insurance coverage are:

A. Workers' Compensation and Employers' Liability Insurance

1. Coverage shall be consistent with statutory benefits outlined in the Texas Workers'

Compensation Act.

2. Employers' Liability limits are:

$500,000 bodily injury each accident

$500,000 bodily injury by disease

$500,000 policy limit

3. Policies under this Section shall apply to State of Texas and include the following endorsements in favor of Travis County:

a. Waiver of Subrogation

b. Thirty (30) day Notice of Cancellation

B. Commercial General Liability Insurance

1. Minimum limit: $1,000,000 per occurrence for coverage A and B with a $2,000,000 policy aggregate

2. The Policy shall contain or be endorsed as follows:

a. Blanket contractual liability for this Contract

b. Independent Contractor Coverage

3. The Policy shall also include the following endorsements in favor of Travis County:

a. Waiver of Subrogation

c. Travis County named as additional insured

C. Business Automobile Liability Insurance

1. Coverage for all owned, non-owned, and hired vehicles shall be maintained with a combined single limit of $300,000 per occurrence.

2. Policy shall also include the following endorsements in favor of Travis County:

a. Waiver of Subrogation

c. Travis County named as additional insured

D. Professional Liability and/or E & O Insurance

1. Minimum Limit: $1,000,000 per Occurrence

2. If coverage is written on a claims made policy, the retroactive date shall be prior to the date services begin under this Contract or the effective date of this Contract, whichever comes first. Coverage shall include a three (3) year extended reporting period from the date this Contract expires or is terminated. Certificate of Insurance shall clarify coverage is claims made and shall contain both the retroactive date of coverage and the extended reporting period date.

3. Additional insured status for Travis County is not required

GENERAL PROVISIONS FOR INVITATION FOR BIDS (IFB)

1.0 GENERAL DEFINITIONS

1.1 "Auditor" means the Travis County Auditor or designee.

1.2 "Commissioners Court" means Travis County Commissioners Court.

1.3 “Contract” means the contract awarded pursuant to the Invitation for Bids.

1.4 “Contractor” means a person or firm receiving an award of contract from Commissioners Court.

1.5 "County" means Travis County, Texas, a political subdivision of the State of Texas.

1.6 "County Building" means any County owned buildings and does not include buildings leased by County.

1.7 "Historically Underutilized Business" or "HUB" means any entity or association formed to make a profit in which one (1) or more persons who are educationally or economically disadvantaged because of their identification as members of one of the following groups: African Americans, Hispanic Americans, Asian Pacific Americans, Native Americans or Women of any ethnicity have the following rights:

1.7.1 own at least fifty-one percent (51%) of all classes of shares or other equitable securities and have incidents of ownership, including an interest in profit and loss, equivalent to the percentage of capital, equipment or expertise contributed to the business where ownership is measured as though the community property interest of a spouse is the separate property of that spouse, if both spouses certify in writing that the non-participating spouse relinquishes control over his or her spouse, and his or her community property, and not as if it is subject to the community property interest of the other spouse; and

1.7.2 have a proportionate interest and demonstrated active participation in the control, operation and management of the business's affairs; where control means having recognized ultimate control over all day-to-day decisions affecting the business, and is be known to, and at least tacitly acknowledged in day-to-day operations by employees of the business and by those with whom business is conducted, and holding a title commensurate with that control.

1.8 "Is doing business" and "has done business" mean:

1.8.1 Paying or receiving in any calendar year any money or other valuable thing which is worth more than $250 in the aggregate in exchange for personal services or for purchase of any property or property interest, either real or personal, either legal or equitable; or

1.8.2 Loaning or receiving a loan of money; or goods or otherwise creating or having in existence any legal obligation or debt with a value of more than $250 in the aggregate in a calendar year;

1.8.3 But does not include:

1.8.3.1 any retail transaction for goods or services sold to a Key Contracting Person at a posted, published, or marked price available to the general public.

1.8.3.2 any financial services product sold to a Key Contracting Person for personal, family or household purposes in accordance with pricing guidelines applicable to similarly situated individuals with similar risks as determined by Contractor in the ordinary course of its business; and

1.8.3.3 a transaction for a financial service or insurance coverage made on behalf of Contractor if Contractor is a national or multinational corporation by an agent, employee or other representative of Contractor who does not know and is not in a position that he or she should have known about the Contract.

1.9 "Key Contracting Person" means any person or business listed in Exhibit A to Sworn Declaration.

1.10 "Purchasing Agent" means the Travis County Purchasing Agent.

1.11 “Sub-contractor” means a person or firm doing business with a Contractor.

2.0 FUNDING. Funds for payment on this Contract have been provided through the County budget approved by Commissioners Court for this fiscal year only. State of Texas statutes prohibit the obligations and expenditure of public funds beyond the fiscal year for which a budget has been approved. However, the cost of items or services covered by this Contract is considered a recurring requirement and is included as a standard and routine expense of Travis County to be included in each proposed budget within the foreseeable future. County Commissioners expect this to be an integral part of future budgets to be approved during the period of this Contract except for unanticipated needs or events which may prevent such payments against this Contract. However, County cannot guarantee the availability of funds and enters into this Contract only to the extent such funds are made available. The Fiscal Year for County extends from October 1st of each calendar year to September 30th of the next calendar year.

3.0 FUNDING OUT. Despite anything to the contrary in this Contract, if, during budget planning and adoption, Commissioners Court fails to provide funding for this Contract for the following fiscal year of County, County may terminate this Contract after giving Contractor thirty (30) calendar days written notice that this Contract is terminated due to the failure to fund it.

4.0 INVOICING/PAYMENTS

4.1 Contractor shall provide County with an Internal Revenue Form W-9, Request for Taxpayer Identification Number and Certification, that is completed in compliance with the Internal Revenue Code and its rules and regulations before any Contract funds are payable.

4.2 As a minimum, invoices shall include:

4.2.1 name, address, and telephone number of Contractor and similar information in the event payment is to be made to a different address;

4.2.2 County Contract or Purchase Order number;

4.2.3 identification of products or services as outlined in this Contract;

4.2.4 quantity or quantities, applicable unit prices, total prices, and total amount; and

4.2.5 any additional payment information called for by this Contract. County will not pay invoices that are in excess of the amount authorized by the purchase order.

4.3 Payment shall be made by check or warrant by County upon satisfactory delivery and acceptance of products and services and submission of an invoice to the address below:

County Auditor P.O. Box 1748 Austin, Texas 78767

4.4 Payment shall be deemed to have been made on the date of mailing of the check or warrant. For purposes of payment discounts, time will begin upon satisfactory delivery of products and services and/or submission of acceptable invoice, whichever is last. Partial payments will not be made unless specifically requested and approved by County prior to Contract award.

4.5 Accrual and payment of interest on overdue payments shall be governed by TEX. GOV'T CODE ANN., ch. 2251.

5.0 COUNTY TAXES. If the Contractor subsequently becomes delinquent in the payment of County taxes, that will be grounds for cancellation of the contract. Despite anything to the contrary, if the contractor is delinquent in payment of County property taxes at the time of invoicing, Contractor assigns any payments to be made for performance under this contract to the County Tax Assessor-Collector for the payment of delinquent taxes.

6.0 PROMPT PAYMENT ACT. Accrual and payment of interest on overdue payments will be governed by Chapter 2251 of the Texas Government Code.

7.0 FOB POINT. Delivery of all products under this contract shall be made Free on Board to final destination, at the address shown in this contract or as indicated on each Purchase Order placed against this contract.

The title and risk of loss of the goods shall not pass to County until acceptance takes place at the F.O.B.

point.

8.0 INSPECTION AND ACCEPTANCE. The County office or department receiving items pursuant to this contract shall inspect and accept only those items that are satisfactory to them and reject those items which are damaged, or which do not conform to specifications. Contractor shall be responsible for the proper labeling, packing, and delivery to final destination, including replacement of rejected deliveries.

9.0 VARIATION IN QUANTITY. No variation in the quantity of any item called for by this contract will be accepted unless such variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified elsewhere in this contract.

10.0 OFFICIALS NOT TO BENEFIT. If a member of Commissioners Court belongs to a cooperative association, the County may purchase equipment, supplies, or services from the association only if no member of the Commissioners Court will receive a pecuniary benefit from the purchase, other than as reflected in an increase in dividends distributed generally to members of the association.

11.0 CIVIL RIGHTS AND EQUAL OPPORTUNITY IN EMPLOYMENT

11.1 Compliance with Regulations: Contractor shall comply with current requirements relative to nondiscrimination in Federally Assisted programs, including but not limited to Title VI of the 1964 Civil Rights Act (42 USC Section 2000d, et. seq.), and 49 CFR Part 21, both as explained in Federal Transit Administration (FTA) Circular 4702.1A, as they may be amended (the “Regulations”), which are herein incorporated by reference and made a part of this Agreement.

11.2 Nondiscrimination: Regarding the work performed by Contractor under this Agreement, it shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. Seller shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices.

11.3 Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin.

11.4 Sanctions for Noncompliance: If Contractor does not comply with the nondiscrimination provisions of this Agreement, County shall impose the sanctions that it determines are appropriate, including, but not limited to, withholding of payments to Contractor under the Agreement until Contractor complies, or until cancellation, termination or suspension of the Agreement, in whole or in part.

11.5 Reporting: The Contractor further agrees that the County or its duly authorized representatives shall have access to any and all books, documents, papers, reports and records of the Contractor, which the County deems are directly pertinent to the services to be performed under this Agreement for the purposes of making audits, examinations, excerpts, and transcriptions, and to ascertain compliance with federal and state employment discrimination laws. Contractor shall provide all information and reports required by Title VI of the 1964 Civil Rights Act (42 USC Section 2000d, et. seq.) and any regulations or directives issued pursuant to them.