Contract - Walker Aero Environmental, LLC - 9/27/2018 CITY OF ROUND ROCK
AGREEMENT FOR WASTEWATER TREATMENT FACILITY
SLUDGE COMPOSTING OPERATIONS
WITH
WALKER AERO ENVIRONMENTAL, LLC
THE STATE OF TEXAS §
CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
COUNTY OF TRAVIS §
THAT THIS Agreement for wastewater treatment facility sludge composting operations
for the City of Round Rock, Texas (referred to herein as the "Agreement"), is made and entered
into on this the day of the month of , 2018, 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 WALKER AERO
ENVIRONMENTAL, LLC whose offices are located at 3600 FM 973, Austin, Texas 78725
(referred to herein as the "Vendor").
RECITALS:
WHEREAS, City desires to purchase wastewater treatment plant sludge compositing
services, and City desires to procure same from Vendor; and
WHEREAS, City has issued its "Invitation for Bid" for the provision of said goods and
services, and City has selected the Bid submitted by the 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, sufficiency and receipt of which are hereby acknowledged, it is mutually
agreed between the parties as follows:
1.01 DEFINITIONS
A. Agreement means the binding legal contract between City and Vendor whereby
City is obligated to buy specified services and Vendor is obligated to pay for said services. The
Agreement includes the following: (a) City's Invitation for Bid, designated Solicitation Number
18-031; (b) Vendor's Response to the IFB; (c) 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:
00408410/ss2
(1) This Agreement;
(2) Vendor's Response to IFB;
(3) City's Invitation for Bids, exhibits, and attachments.
B. City means the City of Round Rock, Williamson and Travis Counties, Texas.
C. Effective Date means the date upon which the binding signatures of both parties
to this Agreement are affixed.
D. Force Majeure means acts of God, strikes, lockouts, or other industrial
disturbances, acts of the public enemy, orders of any kind from the government of the United
States or the State of Texas or any civil or military authority, insurrections, riots, epidemics,
landslides, lightning, earthquakes, fires, hurricanes, storms, floods, restraint of the government
and the people, civil disturbances, explosions, or other causes not reasonably within the control
of the party claiming such inability.
E. Goods and services mean the specified services, supplies, materials,
commodities, or equipment.
2.01 EFFECTIVE DATE; 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 as provided herein.
B. The term of this Agreement is for sixty months (60) months from the effective
date hereof. City reserves the right to review the relationship at any time, and may elect to
terminate this Agreement, with or without cause, or may elect to continue.
3.01 CONTRACT DOCUMENTS AND EXHIBITS
City selected Vendor to supply the services as outlined in the IFB and Response to IFB
submitted by Vendor, all as specified in Exhibit "A," attached hereto and incorporated herein by
reference. 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 services which are the subject of this Agreement are described in Exhibit "A" and,
together with this Agreement, comprise the total Agreement and they are fully a part of this
Agreement as if repeated herein in full.
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4.01 ITEMS AWARDED; SCOPE OF WORK
A. All bid items listed on "Attachment A—Bid Sheet" in Exhibit"A" are awarded to
Vendor.
B. For purposes of this Agreement, City has issued documents delineating the
required services (specifically IFB 18-031). Vendor has issued its response agreeing to provide
all such required service in all specified particulars. All such referenced documents are included
in Exhibit "A." When taken together with the appended exhibits, this Agreement shall evidence
the entire understanding and agreement between the parties and shall supersede any prior
proposals, correspondence or discussions.
C. Vendor shall satisfactorily provide all services described under the attached
exhibits within the contract term specified in Section 2.01. Vendor's undertakings shall be
limited to performing services for the City and/or advising City concerning those matters on
which Vendor has been specifically engaged. Vendor shall perform its services in accordance
with this Agreement, in accordance with the appended exhibits, in accordance with due care, and
in accordance with prevailing industry standards for comparable services.
5.01 COSTS
A. Only if, as, and when needed by City, the bid costs listed on Attachment A—Bid
Sheet of Exhibit "A," which are specifically relevant to the referenced bid items, shall be the
basis of any charges collected by Vendor.
B. Vendor specifically acknowledges and agrees that City is not obligated to use any
estimated quantity of services, and City may not expend in excess of Eight Hundred Seven
Thousand Eight Hundred and No/100 Dollars ($807,800.00) per year for Vendor's
services for a total not to exceed amount of Four Million Thirty-Nine Thousand and No/100
Dollars ($4,039,000.00) for the term of this Agreement.
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 or services provided; and
C. Delivery or performance dates.
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7.01 INTERLOCAL COOPERATIVE CONTRACTING/PURCHASING
Authority for local governments to contract with one another to perform certain
governmental functions and services, including but not limited to purchasing functions, is
granted under Government Code, Title 7, Chapter 791, Interlocal Cooperation Contracts,
Subchapter B and Subchapter C, and Local Government Code, Title 8, Chapter 271, Subchapter
F, Section 271.101 and Section 271.102.
Other governmental entities within the State of Texas may be extended the opportunity to
purchase off of the City's bid, with the consent and agreement of the successful vendor(s) and
the City. Such agreement shall be conclusively inferred for the vendor frorn lack of exception to
this clause in the vendor's response. However, all parties hereby expressly agree that the City is
not an agent of, partner to, or representative of those outside agencies or entities and that the City
is not obligated or liable for any action or debts that may arise out of such independently-
negotiated "piggyback"procurements.
8.01 NON-APPROPRIATION AND FISCAL FUNDING
This Agreement is a commitment of City's current revenues only. It is understood and
agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year
if the governing body of City does not appropriate funds sufficient to purchase the 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.
9.01 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to
Vendor will be made within thirty (30) days of the day on which City receives the performance,
supplies, materials, equipment, and/or deliverables, or within thirty (30) days of the day on
which the performance of services was complete, or within thirty (30) days of the day on which
City receives a correct invoice for the performance and/or deliverables or services, whichever is
later. Vendor may charge interest on an overdue payment at the "rate in effect" on September l
of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas
Government Code, Section 2251.025(b); 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, a contractor, a
subcontractor or supplier about the goods delivered or the service performed that
cause 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 Vendor and a subcontractor or between a
subcontractor and its supplier about the goods delivered or the service performed
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that causes the payment to be late; or
D. Invoices are not mailed to City in strict accordance with instructions, if any, on
the purchase order or the Agreement or other such contractual agreement.
10.01 GRATUITIES AND BRIDES
City may, by written notice to Vendor, cancel this Agreement without liability to Vendor
if it is determined by City that gratuities or bribes in the form of entertainment, gifts, or
otherwise were offered or given by Vendor or its agents or representatives to any City officer,
employee or elected representative with respect to the performance of this Agreement. In
addition, Vendor may be subject to penalties stated in Title 8 of the Texas Penal Code.
11.01 TAXES
City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be
included in Vendor's charges.
12.01 ORDERS PLACED WITH ALTERNATE VENDORS
If Vendor cannot provide the goods as specified, City reserves the right and option to
obtain the products or services from another supplier or suppliers.
13.01 INSURANCE
Vendor shall meet all requirements as stated in the attached IFB Number 18-0311)
including all attachments and exhibits thereto, and Vendor's bid response.
14.01 CITY'S REPRESENTATIVE
City hereby designates the following representatives authorized to act in its behalf with
regard to this Agreement:
Michael Thane
Director of Utilities and Environmental Services
2008 Enterprise Drive
Round Rock, Texas 78664
512-218-3236
11lth�it7 i,LL;1'011(ldI'oc texas.gov
15.01 RIGHT TO ASSURANCE
Whenever either party to this Agreement, in good faith, has reason to question the other
party's intent to perform hereunder, then demand may be made to the other party for written
assurance of the intent to perform. In the event that no written assurance is given within the
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reasonable time specified when demand is made, then and in that event the demanding party may
treat such failure as an anticipatory repudiation of this Agreement.
16.01 DEFAULT
If Vendor abandons or defaults under this Agreement and is a cause of City purchasing
the specified goods 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.
17.01 TERMINATION AND SUSPENSION
A. City has the right to terminate this Agreement, in whole or in part, for
convenience and without cause, at any time upon thirty(30) days' written notice to Vendor.
B. In the event of any default by Vendor, City has the right to terminate this
Agreement for cause, upon ten (10) days' written notice to Vendor.
C. Vendor has the right to terminate this Agreement only for cause, that being in the
event of a material and substantial breach by City or by mutual agreement to terminate evidenced
in writing by and between the parties.
D. In the event City terminates under subsections (A) or (B) of this section, the
following shall apply: Upon City's delivery of the referenced notice to Vendor, Vendor shall
discontinue all services in connection with the performance of this Agreement and shall proceed
to cancel promptly all existing orders and contracts insofar as such orders and contracts are
chargeable to this Agreement. Within thirty (30) days after such notice of termination, Vendor
shall submit a statement showing in detail the goods and/or services satisfactorily performed
under this Agreement to the date of termination. City shall then pay Vendor that portion of the
charges, if undisputed. The parties agree that Vendor is not entitled to compensation for services
it would have performed under the remaining term of the Agreement except as provided herein.
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18.01 INDEMNIFICATION
Vendor shall defend (at the option of City), indemnify, and hold City, its successors,
assigns, officers, employees and elected officials harmless from and against all suits, actions,
legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and any and all
other costs or fees arising out of, or incident to, concerning or resulting from the fault of Vendor,
or Vendor's agents, employees or subcontractors, in the performance of Vendor's obligations
under this Agreement, no matter how, or to whom, such loss may occur. Nothing herein shall be
deemed to limit the rights of City or Vendor- (including, but not limited to the right to seek
contribution) against any third party who may be liable for an indemnified claim.
19.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES
A. 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.
B. Vendor acknowledges and understands that City has adopted a Storm Water
Management Program (SWMP) and an Illicit Discharge Ordinance, Sections 14-139 through 14-
152 of the City's Code of Ordinances, to manage the quality of the discharges from its Municipal
Separate Storm Sewer System (MS4) and to be in compliance with the requirements of the Texas
Commission on Environmental Quality (TCEQ) and the Texas Pollutant Discharge Elimination
System (TPDES). The Vendor agrees to perform all operations on City-owned facilities in
compliance with the City's Illicit Discharge Ordinance to minimize the release of pollutants into
the MS4. The Vendor agrees to comply with of the City's stormwater control measures, good
housekeeping practices and any facility specific stormwater management operating procedures
specific to a certain City facility. In addition, the Vendor agrees to comply with any applicable
TCEQ Total Maximum Daily Load (TMDL) Requirements and/or I-Plan requirements.
C. In accordance with Chapter 2270, Texas Government Code, a governmental entity
may not enter into a contract with a company for goods and services unless the contract contains
written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott
Israel during the term of this contract. The signatory executing this Agreement on behalf of
Vendor verifies Vendor does not boycott Israel and will not boycott Israel at any term of this
Agreement.
20.01 ASSIGNMENT AND DELEGATION
The parties each hereby bind themselves, their successors, assigns and legal
representatives to each other with respect to the terms of this Agreement. Neither party shall
assign, sublet or transfer any interest in this Agreement without prior written authorization of the
other party.
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21.01 NOTICES
Ail notices and other communications in connection with this Agreement shall be in
writing and shall be considered given as follows:
1. When delivered personally to the recipient's address as stated in this Agreement;
or
2. Three (3) days after being deposited in the United States mail, with postage
prepaid to the recipient's address as stated in this Agreement.
Notice to Vendor:
Walker Aero Environmental, LLC
3600 FM 973
Austin, Texas 78725
Notice to City:
City Manager Stephen L. Sheets, City Attorney
221 East Main Street AND TO: 309 East Main Street
Round Rock, TX 78664 Round Rock, TX 78664
Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of City and Vendor.
22.01 APPLICABLE LAW; ENFORCEMENT AND VENUE
This Agreement shall be enforceable in Round Rock, Texas, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or conditions
herein, exclusive venue for sarne shall lie in Williamson County, Texas. This Agreement shall be
governed by and construed in accordance with the laws and court decisions of the State of Texas.
23.01 EXCLUSIVE AGREEMENT
This document, and all appended documents, constitutes the entire Agreement between
Vendor and City. This Agreement may only be amended or supplemented by mutual agreement
of the parties hereto in writing, duly authorized by action of the City Manager or City Council.
24.01 DISPUTE RESOLUTION
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.
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25.01 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion or provision of this Agreement void shall in no
way affect the validity or enforceability of any other portion or provision of this Agreement. Any
void provision shall be deemed severed from this Agreement, and the balance of this Agreement
shall be construed and enforced as if this Agreement did not contain the particular portion or
provision held to be void. The parties further agree to amend this Agreement to replace any
stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision. The provisions of this section shall not prevent this entire Agreement from
being void should a provision which is of the essence of this Agreement be determined void.
26.01 MISCELLANEOUS PROVISIONS
Standard of Care. Vendor represents that it employs trained, experienced and
competent persons to perfonn 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 perfonning 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.
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.
[Signatures are on the following page.]
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IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates
indicated.
City of Ro nd Rock, Texas Walker Aero Environmental,LLC
By: By:
Printed Nam (4 Printed Na e ,;���d Mrl�mma�
Title:
Title: V;c c-"�)" n r
Date Signed: Date Signed:
Attest:
By: RN
Sara White, City Clerk
Fo4StephL.rSheets,
oved as to F rm:
By /V
City Attorney
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Exhibit "A"
ROUND ROCK TEXAS
PURCHASING DIVISION
City of Round Rock, Texas
Purchasing Division
221 East Main Street
Round Rock, Texas 78664-5299
www.roundrocktexas.gov
INVITATION FOR BID (IFB)
WASTEWATER TREATMENT FACILITY
SLUDGE COMPOSTING OPERATIONS
SOLICITATION NUMBER 18-031
JULY 2018
City of Round Rock
Wastewater Treatment Facility Sludge Composting Operations
IFB No. 18-031
Class/Item: 910-27, 968-71 & 988-46 Exhibit "A"
July 2018
Wastewater Treatment Facility
Sludge Composting Operations
PART
GENERAL REQUIREMENTS
1. PURPOSE: The City of Round Rock, herein after referred to as"the City" seeks a bid from firms experienced
in the operation of a composting site that can process wastewater treatment plant sludge produced by the
Brushy Creek East Regional Wastewater Treatment Facility.
2. BACKGROUND: Currently the Brushy Creek East Regional Wastewater Treatment Facility is operated by the
Brazos River Authority. In Fall of 2018 the City Round Rock will take over operation of the facility.
3. SOLICITATION PACKET: This solicitation packet is comprised of the following:
Description Index
Part I—General Requirements Page(s) 2-5
Part II—Definitions, Standard Terms and Conditions Page 6
and Insurance Requirements
Part III —Supplemental Terms and Conditions Page(s) 7-9
Part IV—Specifications Page 10
Attachment A— Bid Sheet Page 11
Attachment B—Reference Sheet Page 12
Attachment C- Questionnaire Page 13
4. AUTHORIZED PURCHASING CONTACT: For questions or clarification of specifications, you may contact:
Michael Schurwon, CPPB
Purchaser
Purchasing Division
City of Round Rock
Phone: 512-218-6682
E-mail: mschurwon@roundrocktexas.gov
The individual listed above may be contacted by e-mail for clarification of the specifications only. No authority
is intended or implied that specifications may be amended or alterations accepted prior to solicitation opening
without written approval of the City of Round Rock through the Purchasing Department.
Revised 02/18 Page 2 of 13
City of Round Rock
Wastewater Treatment Facility Sludge Composting Operations
IFB No. 18-031
Class/Item: 910-27, 968-71 &988-46 Exhibit "A"
July 2018
5. SCHEDULE OF EVENTS: It is the City's intention to follow the solicitation timeline below.
EVENT DATE
Solicitation released July 3, 2018
Deadline for submission of questions July 10, 2018 @ 12:00 PM, CST
City responses to questions or addendums July 12, 2018 @ 5:00 PM, CST
Deadline for submission of responses July 18, 2018 @ 3:00 PM, CST
All questions regarding the solicitation shall be submitted in writing by 5:00 PM, CST on the due date noted
above.A copy of all questions submitted and the City's response to the questions shall be posted on the City's
webpage in the form of an addendum at:
https://www.roundrocktexas.gov/businesses/solicitations/.
Questions shall be submitted in writing to the"Authorized Purchasing Contact". The City reserves the right to
modify these dates. Notice of date change will be posted to the City's website:
http://www.roundrocktexas.gov/bids.
6. SOLICITATION UPDATES: Respondents shall be responsible for monitoring the City's website at
http://www.roundrocktexas.gov/bids for any updates pertaining to the solicitation described herein. Various
updates may include addendums, cancellations, notifications, and any other pertinent information necessary
for the submission of a correct and accurate response. The City will not be held responsible for any further
communication beyond updating the website.
7. RESPONSE DUE DATE: Signed and sealed responses are due at or before 3:00 PM, on the due date noted
in PART I, Section 5—Schedule of Events. Mail or hand deliver sealed responses to:
City of Round Rock
Attn: Michael Schurwon
Purchasing Department
221 E. Main Street
Round Rock, Texas 78664-5299
7.1 Sealed responses shall be clearly marked on the outside of packaging with the Solicitation title, number,
due date and "DO NOT OPEN".
7.2 Facsimile or electronically transmitted responses are not acceptable.
7.3 Responses cannot be altered or amended after opening.
7.4 No response can be withdrawn after opening without written approval from the City for an acceptable
reason.
7.5 The City will not be bound by any oral statement or offer made contrary to the written specifications.
7.6 Samples and/or copies shall be provided at the Respondent's expense, and shall become the property
of the City.
8. RESPONDENT REQUIREMENTS: The City of Round Rock makes no warranty that this checklist is a full
comprehensive listing of every requirement specified in the solicitation. This list is only a tool to assist
participating Respondents in compiling their final responses. Respondents are encouraged to carefully read the
entire solicitation.
Respondent shall submit one(1) evident signed"Original"and three(3) copies of the IFB response and one(1)
electronic copy of the IFB response on a flash drive. The submittal is required to include all addendums and
requested attachments. The bid response along with samples and/or copies shall be provided at the
Respondent's expense, and shall become the property of the City.
Revised 02/18 Page 3 of 13
City of Round Rock
Wastewater Treatment Facility Sludge Composting Operations
IFB No. 18-031
Class/Item: 910-27, 968-71 &988-46 Exhibit "A"
July 2018
This invitation for bid (IFB) does not commit the City to contract for any supply or service. Respondents are
advised that the City will not pay for any administrative costs incurred in response preparation to this IFB; all
costs associated with responding to this IFB will be solely at the interested parties'expense. Not responding to
this IFB does not preclude participation in any future RFP/RFQ/IFB.
For your bid to be responsive, addendums and the attachments identified below shall be submitted
with your proposal.
Addendums:Addendums may be posted to this solicitation. Bidders are required to submit signed addendums
with their sealed response. The Bidder shall be responsible for monitoring the City's website at
http://www.roundrocktexas.gov/bids for any updates pertaining to the solicitation.
Attachment A: BID SHEET. The bid response shall be submitted on itemized, signed Bid Sheet provided in
the solicitation packet. Failure to complete and sign the bid sheet may result in disqualification. If there is a
conflict between the unit price and extended price,the unit price will take precedence. Submission of responses
on forms other that the City's Solicitation Document may result in disqualification of the response.
Attachment B: REFERENCE SHEET: Provide the name, address, telephone number and E-MAIL of at least
three(3) valid Municipal, Government agencies or firms of comparable size that have utilized services that are
similar in type and capacity within the last two (2) years. City of Round Rock references are not applicable.
References may be checked prior to award. If references cannot be confirmed or if any negative responses
are received it may result in the disqualification of submittal.
Attachment C: RESPONDENT QUESTIONNAIRE: Complete the respondent questionnaire and submit with
bid packet. Attach additional pages as needed. Failure to complete the respondent questionnaire may result in
disqualification.
9. BEST VALUE EVALUATION AND CRITERIA: The City reserves the right to reject any or all responses, or to
accept any response deemed most advantageous, or to waive any irregularities or informalities in the response
received that best serves the interest and at the sole discretion of the City. All solicitations received may be
evaluated based on the best value for the City. In determining best value, the City may consider:
9.1 Purchase price;
9.2 Reputation of Respondent and of Respondent's goods and services;
9.3 Quality of the Respondent's goods and services;
9.4 The extent to which the goods and services meet the City's needs;
9.5 Respondent's past performance with the City;
9.6 The total long-term cost to the City to acquire the Respondent's goods or services;
9.7 Any relevant criteria specifically listed in the solicitation.
Respondents may be contacted for clarification of bid and/or to discuss details of the services they are
proposing. The City reserves the right to conduct a site visit of the composting facility, this may include a
presentation and/or the request for additional material, information or copies of permits or licenses and other
official documentation.
10. CONFIDENTIALITY OF CONTENT: As stated in Section 16 of City of Round Rock Purchasing Definitions,
Standard Terms and Conditions, all documents submitted in response to a solicitation shall be subject to the
Texas Public Information Act. Following an award,responses are subject to release as public information unless
the response or specific parts of the response can be shown to be exempt from the Texas Public Information
Act. Pricing is not considered to be confidential under any circumstances
10.1 Information in a submittal that is legally protected as a trade secret or otherwise confidential must be
clearly indicated with stamped, bold red letters stating"CONFIDENTIAL"on that section of the document.
The City will not be responsible for any public disclosure of confidential information if it is not clearly
marked as such.
Revised 02/18 Page 4 of 13
City of Round Rock
Wastewater Treatment Facility Sludge Composting Operations
IFB No. 18-031
Class/Item: 910-27, 968-71 &988-46 Exhibit "A"
July 2018
10.2 If a request is made under the Texas Public Information Act to inspect information designated as
confidential, the Respondent shall, upon request from the City, furnish sufficient written reasons and
information as to why the information should be protected from disclosure. The matter will then be
presented to the Attorney General of Texas for final determination.
11. CERTIFICATE OF INTERESTED PARTIES: Section 2252.908 of the Texas Government Code requires the
successful offeror to complete a Form 1295"Certificate of Interested Parties"that is signed for a contract award
requiring council authorization. The "Certificate of Interested Parties" form must be completed on the Texas
Ethics Commission website, printed, signed and submitted to the City by the authorized agent of the Business
Entity with acknowledgment that disclosure is made under oath and under penalty of perjury prior to final
contract execution. Link to Texas Ethics Commission Webpage:
https://www.ethics.state.tx.us/whatsnew/elf info form1295 htm
Revised 02/18 Page 5 of 1.3
City of Round Rock
Wastewater Treatment Facility Sludge Composting Operations
IFB No. 18-031
Class/Item: 910-27, 968-71 & 988-46 Exhibit "A"
July 2018
PART II
DEFINITIONS, STANDARD TERMS AND CONDITONS
AND INSURANCE REQUIREMENTS
1. DEFINITIONS, STANDARD TERMS AND CONDITIONS: By submitting a response to this solicitation, the
Respondent agrees that the City's Definitions, Standard Terms and Conditions, in effect at the time of release
of the solicitation, shall govern unless specifically provided otherwise in a separate agreement or on the face
of a purchase order. Said Definitions, Terms and Conditions are subject to change without notice. It is the
sole responsibility of Respondents to stay apprised of changes. The City's Definitions, Standard Terms and
Conditions can be viewed and downloaded from the City's website at:
https://www.roundrocktexas.gov/departments/purchasing/
2. INSURANCE: The Respondent shall meet or exceed all insurance requirements set forth in Standard
Insurance Requirements. The City's Standard Insurance Requirements document can be viewed and
downloaded from the City's website at: https://www.roundrocktexas.gov/departments/purchasing/OR
Insurance does not apply to this solicitation.
Revised 02/18 Page 6 of 13
City of Round Rock
Wastewater Treatment Facility Sludge Composting Operations
IFB No. 18-031
Class/Item: 910-27, 968-71 & 988-46 Exhibit "A"
July 2018
PART III
SUPPLEMENTAL TERMS AND CONDITIONS
1. AGREEMENT TERM: The terms of the awarded agreement shall include but not be limited to the following:
1.1 The term of the Agreement shall begin from date of award and shall remain in full force for sixty (60)
months.
1.2 Upon expiration of the contract term, the Contractor agrees to hold over under the terms and conditions
of this agreement for such a period as is reasonably necessary to re-solicit and/or complete the project
up to 90 days.
2. RESPONDENT QUALIFICATIONS: The City has established the following minimum qualifications.
Respondents who do not meet the minimum qualifications will not be considered for award. The Respondent
shall:
2.1 Be firms, corporations, individuals or partnerships normally engaged in providing wastewater sludge
composting operations as specified herein and have adequate organization, facilities, equipment,
financial capability, and personnel to ensure prompt and efficient service to the City;
2.2 Provide all labor, supplies and materials required to satisfactorily perform the services as specified herein
and own or acquire at no cost to the City all construction aids, appliances, and equipment Respondent
deems necessary and maintain sole responsibility for the maintenance and repair of Respondent's
vehicles, equipment, tools and all associated costs. The City shall not be responsible for any
Respondent's tools, equipment or materials lost or damaged during the performance of the services
specified herein;
2.3 Be domiciled in or have a home office inside the United States. Respondents domiciled outside the United
States, or not having a home office inside the United States will not be included for consideration in this
procurement process.
2.4 The Respondent's composting operation shall be located within 35 miles of the Brushy Creek East
Regional Wastewater Treatment Facility. The City reserves the right to inspect the composting site.
3. SUBCONTRACTORS: Respondent shall not subcontract or otherwise engage subcontractors to perform
required services
4. SAFETY: The City reserves the right to remove any employee from City property for violation of federal, state,
and local health, safety and environmental laws, ordinances, rules and regulations. The Respondent shall:
4.1 Ensure that all employees comply with all Occupational Safety and Health Administration (OSHA), State
and City safety and occupational health standards and other applicable federal, state, and local health,
safety, and environmental laws ordinances, rules and regulations in the performance of these services;
4.2 Be held responsible for the safety of their employees and unsafe acts or conditions that may cause injury
or damage to any persons or property within and around the work site. In case of conflict, the most
stringent safety requirement shall govern;
4.3 Indemnify and hold the City harmless from and against all claims, demands, suits, actions, judgments,
fines penalties and liability of every kind arising from the breach of the Successful Respondents'
obligations under this paragraph.
Revised 02/18 Page 7 of 13
City of Round Rock
Wastewater Treatment Facility Sludge Composting Operations
IFB No. 18-031
Class/Item: 910-27, 968-71 &988-46 Exhibit "A"
July 2018
5. PRICE INCREASE: Contract prices for wastewater sludge composting shall remain firm throughout the initial
twelve(12)month term of the contract. A price increase to the agreement may be considered on the anniversary
date of the Contract each year.The adjusted Contract price using the area CPI will be based on the accumulated
percentage rate of the increase of the most current Consumer Price Index, as published by the United States
Statistics-All Urban Consumers-Geographically South Urban Area. The percentage increase in compensation
is to be calculated using the following formula:
Current Price x Index Change=Adjustment
(Percentage change in most recent available annual CPI)
5.1 Procedure to Request Increase:
5.1.1 Mail the written price increase request with the rate detail comparison and comprehensive
calculation and any supporting documentation to the designated City Contract Specialist a
minimum of 45 days prior to the annual Contract anniversary date. The detailed written calculation
will be verified and confirmed. All written requests for increases must include the City of Round
Rock contract number, solicitation reference information and contact information for the authorized
representative requesting the increase. Price increase requests shall be sent by mail to:
City of Round Rock
Purchasing Department
Attn: Contract Specialist
221 East Main Street
Round Rock, TX 79664-5299
5.1.2 Upon receipt of the request, the City reserves the right to either, accept the escalation and make
change to the purchase order within 30 days of the request, negotiate with the Vendor or cancel
the agreement or purchase order if an agreement cannot be reached on the value of the increase.
6. PERFORMANCE REVIEW: The City reserves the right to review the awarded respondents' performance
anytime during the contract term.
7. ORDER QUANTITY:The quantities shown on the solicitation are estimates only. No guarantee of any minimum
or maximum purchase is made or implied. The City will only order the services/goods needed to satisfy
requirements within budgetary constraints, which may be more or less than indicated.
8. PERMITS: The Successful Respondent shall verify and obtain all necessary permits, licenses, and/or
certificates required by federal, state and local laws, ordinances, rules or regulations for the completion of the
services as specified if required for the project.
9. AWARD: The City reserves the right to enter into an Agreement or a Purchase Order with a single award, split
award, primary and secondary award, non-award, or use any combination that best serves the interest and at
the sole discretion of the City. Award announcement will be made upon City Council approval of staff
recommendation and executed agreement. Award announcement will appear on the City's website at
http://www.roundrocktexas.gov/bids.
10. POST AWARD MEETING: The City and Successful Respondent(s)may have a post award meeting to discuss,
but not be limited to the following:
10.1 The method to provide a smooth and orderly transition of services performed from the current contractor;
10.2 Provide City contact(s) information for implementation of agreement.
10.3 Identify specific milestones, goals and strategies to meet objectives.
Revised 02/18 Page 8 of 13
City of Round Rock
Wastewater Treatment Facility Sludge Composting Operations
IFB No. 18-031
Class/Item: 910-27, 968-71 &988-46 Exhibit "A"
July 2018
11. POINT OF CONTACT/DESIGNATED REPRESENTATIVE:
11.1 Contractor's point of contact: In order to maintain consistent standards of quality work performed
across the City, the City shall be provided with a designated and identified point of contact upon award
of the contract to include contact information. The City's designated representative shall be notified by
the Respondent immediately should the point of contact change.
11.2 The City's designated representative:
Kim Lutz
Senior Utility Service Manager
Utilities and Environmental Services
Phone: 512-341-3333
E-mail: kiml@roundrocktexas.gov
12. INTERLOCAL PURCHASING AGREEMENTS
12.1 The City has entered into Interlocal Agreements with other Governmental agencies pursuant to the
Interlocal Cooperation Act, Chapter 791 of the Texas Government Code. The Contractor agrees to offer
the same price and terms and conditions to other eligible agencies that have an interlocal agreement with
the City.
12.2 The City does not accept any responsibility or liability for the purchases by other government agencies
through an interlocal cooperative agreement.
Revised 02/18 Page 9 of 13
City of Round Rock
Wastewater Treatment Facility Sludge Composting Operations
IFB No. 18-031
Class/Item: 910-27, 968-71 & 988-46 Exhibit "A"
July 2018
PART IV
SPECIFICATIONS
1. Purpose:
In the Fall of 2018 the City or Round Rock will take over operation of the Brushy Creek East Regional
Wastewater Treatment facility located at 3939 E Palm Valley Rd in Round Rock Texas from the Brazos River
Authority (BRA). The City seeks to establish a contract with a qualified Vendor that operates a licensed
composting site that has the capacity to receive and process daily deliveries of wastewater sludge for
composting.
The sludge is the byproduct of an activated sludge wastewater treatment facility. The facility uses a belt filter
press to dewater the sludge, resulting in a product that is 15% to 20% solids.
2. Requirements:
2.1 The Vendor shall agree to take possession and ownership of the wastewater treatment plant sludge
generated at the Brushy Creek East Regional Treatment Facility upon receipt of delivery to the Vendor's
composting location.
2.2 The Vendor shall be authorized to conduct composting operations at the designated location and shall be
responsible for acquiring all licenses, registrations and permits required by Local, State and Federal Law.
The Vendor shall provide proof of authorization to operate the composting facility to the City upon request.
2.3 The sludge generated by the wastewater treatment plant may be delivered to the composting site by either
the City or an authorized third party hauling service. The Vendor shall agree to accept delivery of sludge
from any City authorized hauling service.
2.4 The Vendor shall maintain flexible operating hours to accommodate the City's needs and be ready to accept
on average, six (6), 20 or 25 cubic yard roll-off containers of dewatered sludge per day upon execution of
the contract. The number of deliveries may increase over time.
2.5 The Vendor shall provide to the hauler a written delivery ticket for each container delivered to the
Composting Site, each delivery ticket shall record the date, time and weight of the container received.
3. Invoicinq
The Vendor shall invoice the City once a month for actual weight of sludge delivered by the City or the City's
authorized hauler to the Vendor's site for composting services. The monthly amount invoiced shall be based
on the total weight from individual delivery tickets.
Revised 02/18 Page 10 of 13
City of Round Rock
Wastewater Treatment Facility Sludge Composting Operations
IFB No. 18-031
Class/Item: 910-27, 968-71 & 988-46 Exhibit "A"
July 2018
ATTACHMENT A
BID SHEET
1. ATTACHMENT A—BID SHEET is posted in Solicitation Documents for IFB No. 18-031 —Wastwater Treatment
Facility Sludge Composting Services in an Excel format on the City of Round Rock website at:
htt s://www.roundrocktexas. ov/de artments/ urchasin / urchasin -active-solicitations/
1.1 In order to be considered responsive Attachment A- Bid Sheet must be completed, signed by an
authorized representative and returned by the deadline for submission of response indicated in Part I
Section 5—Schedule of Events.
1.2 The Respondent, by submitting and signing Attachment A — Bid Sheet, acknowledges that he/she has
received and read the entire document packet sections defined above including all documents
incorporated by reference, and agrees to be bound by the terms therein.
1.3 In order to do business with the City of Round Rock you must be registered with the City's Vendor
Database. To register, go to: https://roundrock.munisselfservice.com/Vendors/default.aspx.
1.4 By the signature affixed on Attachment A-Bid Sheet, the Respondent hereby certifies that neither the
Respondent nor the entity represented by the Respondent, 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 response made to any
competitor or any other person engaged in such line of business."
1.5 The Respondent agrees, if this Offer is accepted within 120 calendar days after the Due Date, to fully
comply in strict accordance with the Solicitation, specifications and the amounts shown on bid sheet.
Revised 02/18 Page 11 of 13
1 of 1.
AttachMTra-n
,Qb Rid��eet
Wastewater Treatment udge omposting Operations
IFS No. 18-031
The Respondent represents by their signature below that he/she is submitting a binding offer and is authorized to bind the respondent to fully comply with
the solicitation documents contained in IFB No. 18-031 -Wastewater Treatment Sludge Composting Operations.The Respondent acknowledges that
he/she has received and read the entire solicitation packet,attachments and all documents incorporated by reference,and agrees to be bound by the
terms therein.
Special Instructions: All prices must be quoted in order to be considered responsive, be advised that exceptions taken to any portion of the solicitation
may jeopardize acceptance of the bid. The City reserves the right to purchase more or less than the quantities indicated below.
No. Description Estimated Unit Unit Cost(cost Extended Total
Annual Quantity per Ton)
1 Wastewater Treatment Plant Sludge Composting Services 28,000 Tons $28.85 $ 807,800.00
Annual Total
$807,800.00
COMPANY NAME: Walker Aero Environmental
l
SIGNATURE OF AUTHORIZED
REPRESENTATIVE:
PRINTED NAME: Phillip McCammon
PHONE NUMBER: 512-563-6246
EMAIL ADDRESS: bigphil@walkeraero.com, phillip@s-enviro.com
City of Round Rock
Wastewater Treatment Facility Sludge Composting Operations
IFB No. 18-031
Class/Item: 910-27, 968-71 &988-46
July 2018 Exhibit "A"
ATTACHMENT B:
REFERENCE SHEET
PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE
SOLICITATION NUMBER: 18-031
RESPONDENT'S NAME: Walker Aero Environmental LLC DATE: 07/18/2018
Provide the name, address, telephone number and E-MAIL of at least three (3) valid Municipal, Government
agencies or firms of comparable size that have utilized services that are similar in type and capacity within the last
two (2) years. City of Round Rock references are not applicable. References may be checked prior to award. If
references cannot be confirmed or if any negative responses are received it may result in the disqualification of
submittal.
1. Company's Name Brazos River Authority
Name of Contact jay Middleton
Title of Contact Regional Wastewater Operations Superintendent
E-Mail Address jay.middleton@brazos.org
Present Address 3939 Palm Valley Blvd
City, State, Zip Code Round Rock,TX 78665
Telephone Number ( 512 ) 341-3333 Fax Number: ( 512 ) 3413313
2. Company's Name City of Pflugerville
Name of Contact Wiley Webb
Title of Contact Utility Superintendent
E-Mail Address WileyW@pflugervilletx.gov
Present Address PO Box 589
City, State, Zip Code Pflugerville,TX 78691
Telephone Number ( 512 ) 990-6400 Fax Number: ( 512 )989-1052
3. Company's Name Guadalupe-Blanco River Authority
Name of Contact Eduardo Montana
Title of Contact Chief Operator
E-Mail Address emontana@gbra.org
Present Address 933 East Court Street
City, State, Zip Code Seguin,TX 78155
Telephone Number ( 830 ) 379-5822 Fax Number: ( 830 ) 379-9718
FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY
AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD.
Revised 02/18 Pale 12 of 13
City of Round Rock
Wastewater Treatment Facility Sludge Composting Operations
IFB No. 18-031
Class/item: 910-27, 968-71 & 988-46
July 2018 Exhibit "A"
ATTACHMENT C
RESPONDENT QUESTIONNAIRE
Name of Business: Walker Aero Environmental LLC
Physical Address of Headquarters (HQ): 3600 FM 973 North
Austin, TX 78725
Physical Address of Composting Site 3600 FM 973 North
Austin,TX 78725
1 Is your composting site located within 35 miles of the Brushy Creek East Regional Wastewater Treatment
Facility located at 3939 E Palm Valley Rd in Round Rock Texas?(Circle one)
ES or NO
2. What are your"Hours of Operation"for receiving wastewater treatment plant sludge from the City or
authorized hauler?
24 Hr Monday-Sunday
3. Is your Composting Site fully licensed, permitted and authorized to operate in accordance with all Local, State
and Federal requirements?
YE or NO
4. In an emergency, does your facility have the ability to accept sludge materials outside of normal working
hours?
YES or NO
Revised 02'18 Page 13 of 13
Walker Aero Environmental LLC
3600 FM 973 North
Austin, TX 78725
Cityof Round Rock
Attn; MichaelSchurwon x
Purchasing Department
221 E. Main Street D
Round Rock, TX 78664-5299
Wastewater Treatment FacilitySludge Composting ostln Operation
Solicitation Number 18-031
Due 07/18 •
}' /2018 3.00 m
m x DO NOT OPEN
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Compnay Name Contact Address City State ZIP Email Phone HUB Eligibility
910 27 CENTRAL 7EXAS BEN BRACHER PO BOX 16bS5 AUSTIN TXGender Small Business CM81 Status HUB Status
78760 8885 BQrLtCHEn��rNTRALTEXAu+curcF 512-243 2833 HI
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CENTRAL WASTE MICHAEL MNOIAN 2301 W CEDAR PARK TX 78613.7251 mounrnnnocentraiwasteinc can 512-2B7-9290 Non-HUS
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WLUT10NS L.L.C. JEAN TRFnCO fttiticoi�llourdwastetx r 512-288-7887 +1 Q F Inactive(I'l A-Active
PROGRESSIVE Pennye Jirnenez PO BOX 17608 AUSTIN TX _ 78760.7808 pennve.Gmener Ix ress�rwaste c 512-38&7438 Non•HUB
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B -i WASTE Forrest Tubb 9708 Giles Rd.� .AUSTIN TX rtubbiewm,corn 573-772.6=66 Non-HUB Non-HUB No A rve
MANAGEMENT F T XA IN Si� inactive
City of Round Rock-Vendors by Commodity Code Search-Vendor List 1 1 1
Garbeyarrrash GarbaparTmsh
910-27 Removal, Removal,Disposal AGH2O 3817 BENT
Dispose andror Treatment
HOLDINGS LLC BROOK DRIVE ROUND ROCK TX 78884 Ilesko®sustiniT corn
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Solid or liquid Solid or Liquid Walker Arrow 3600 N.FM 8-973 AUSTIN TX
968-71 Waste Disposal Waste Disposal Environmental 78725 PHILVI'05 errvrro cam
CERTIFICATE OF INTERESTED PARTIES FORM 1295
101`1
Complete Nos.I-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 it there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and Country of the business entity's place Certificate Number:
of business. 2018-396562
Walker Aero Environmental
austin,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 08/27/2018
being filed.
City of Round Rock Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
Wastewater Sludge Composting
Composting of wastewater sludge cake from the Brushy Creek WWTP
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling intermediary-'
5 Check only if there is NO Interested Party. Fx-1
6 UNSWORN DECLARATION
My name is CV\ and my date of birth is Oqcj,;L/ of
My address is...�';M ��,-bvlble- L cc [4:1 t 776(
a—,
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in County, State of 'I tKO�^> _,on the day of .20–L.-4 .
(month) (year)
Sig)ialUre of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission tAAvw,ethics.state.tx,us Version V1.0.6711
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
10f1
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business.
Walker Aero Environmental
2018-396562
austin,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 08/27/2018
being filed.
City of Round Rock Date Acknowledged:
08/31/2018
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
Wastewater Sludge Composting
Composting of wastewater sludge cake from the Brushy Creek WWTP
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
5 Check only if there is NO Interested Party.
X
6 UNSWORN DECLARATION
My name is and my date of birth is
My address is
(street) (city) state
( ) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in County, State of on the day of ,20
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.6711