CM-2024-202 - 7/26/20241
CITY OF ROUND ROCK AGREEMENT
FOR TRANSPORTATION AND DISPOSAL
OF HAZARDOUS MATERIALS
WITH
VEOLIA TECHNICAL SOLUTIONS, LLC
THE STATE OF TEXAS §
§
CITY OF ROUND ROCK §KNOW ALL BY THESE PRESENTS:
§
COUNTY OF WILLIAMSON §
COUNTY OF TRAVIS §
This Agreement is for the transportation and disposal of hazardous materials and is
referred to herein as the “Agreement.” This Agreement is made and entered into on this the
_____ day of the month of __________, 2024, 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 VEOLIA TECHNICAL SOLUTIONS,
LLC, whose offices are located at 53 State Street, 14th Floor, Boston, Massachusetts 02109,
referred to herein as “Services Provider.” This Agreement supersedes and replaces any previous
agreement between the named parties, whether oral or written, and whether or not established by
custom and practice.
RECITALS:
WHEREAS, City desires to purchase services for the transportation and disposal of
hazardous materials; and
WHEREAS, City has issued its “Request for Proposals” for the provision of said goods
and services; and
WHEREAS, City has determined the proposal submitted by Services Provider provides
the best value to the City; and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights, duties, and obligations;
NOW, THEREFORE, WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
mutually agree as follows:
4870-1160-3913/ss2
30th July
CM-2024-202
2
1.0 DEFINITIONS
A. Agreement means the binding legal contract between City and Services Provider
whereby City is obligated to buy specified services and Services Provider is obligated to sell
same. The Agreement includes the following: (a) City’s Request for Proposal, designated
Solicitation Number 24-013 dated January 2024 (“RFP”); (b) Services Provider’s Proposal; and
(c) any exhibits and/or addenda thereto. Any inconsistencies or conflicts in the contract
documents shall be resolved by giving preference in the following order:
(1) This Agreement;
(2) Services Provider’s Proposal;
(3) City’s Request for Proposals, Addenda, 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. Goods and Services mean the specified services, supplies, materials,
commodities, or equipment.
E. Services Provider means Veolia Technical Solutions, LLC, or any successors or
assigns.
2.0 EFFECTIVE DATE AND TERM
A. This Agreement shall be effective on the date this Agreement has been signed by
each party hereto and shall remain in full force and effect unless and until it expires by operation
of the term indicated herein or is terminated or extended as provided herein.
B. The term of this Agreement shall be for sixty (60) months from the effective date
hereof.
C. City reserves the right to review the relationship at any time and may elect to
terminate this Agreement with or without cause or may elect to continue.
3.0 CONTRACT DOCUMENTS AND EXHIBITS
City selected Services Provider to supply the services as outlined in the RFP; any
Addenda to RFP; and the Proposal submitted by Services Provider, all as specified in Exhibit
“A,” incorporated herein by reference for all purposes. The intent of these documents is to
formulate an Agreement listing the responsibilities of both parties as outlined in the RFP and any
Addenda to RFP and as offered by Services Provider in its Proposal.
3
The services which are the subject matter of this Agreement are described in Exhibit “A”
and, together with this Agreement, comprise the total Agreement and they are fully a part of this
Agreement as if repeated herein in full.
4.0 ITEMS AWARDED; SCOPE OF WORK
A. All items in “Attachment C – Cost Proposal Sheet” of Exhibit “A” are awarded to
Services Provider.
B. Services Provider shall satisfactorily provide all services described in Exhibit
“A,” attached hereto, within the contract term specified in Section 2.0. All Exceptions set forth
in Exhibit “A” are accepted by the City and incorporated herein by reference for all purposes.
Services Provider’s undertakings shall be limited to performing services for City and/or advising
City concerning those matters on which Services Provider has been specifically engaged.
Services Provider 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 .0 COSTS
A. In consideration for the services to be performed by Services Provider, City
agrees to pay Services Provider the amounts set forth in “Attachment C – Cost Proposal” of
Exhibit “A.”
B. The City shall is authorized to pay the Services Provider an amount not-to-
exceed Twenty Thousand and No/100 Dollars ($20,000.00) per year for a total amount of One
Hundred Thousand and No/100 Dollars ($100,000.00) for the term of this Agreement.
6 .0 INVOICES
All invoices shall include, at a minimum, the following information:
1. Name and address of Services Provider;
2. Purchase Order Number;
3. Description and quantity of items received; and
4. Delivery dates.
7.0 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,
4
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 proposal, with the consent and agreement of the successful service
provider(s) and the City. Such agreement shall be conclusively inferred for the services provider
from lack of exception to this clause in the service provider’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.
8.0 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 affect such termination by
giving Services Provider a written notice of termination at the end of its then-current fiscal year.
9.0 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be
made by City to Services Provider will be made within thirty (30) days of the date City receives
goods under this Agreement, the date the performance of the services under this Agreement are
completed, or the date City receives a correct invoice for the goods or services, whichever is
later. Services Provider may charge interest on an overdue payment at the “rate in effect” on
September 1 of the fiscal year in which the payment becomes overdue, in accordance with
V.T.C.A., Texas Government Code, Section 2251.025(b). This Prompt Payment Policy does not
apply to payments made by City in the event:
1. There is a bona fide dispute between City and Services Provider, a contractor,
subcontractor, or supplier about the goods delivered or the service performed that
cause the payment to be late; or
2. There is a bona fide dispute between Services Provider and a subcontractor or
between a subcontractor and its supplier about the goods delivered or the service
performed that causes the payment to be late; or
3. The terms of a federal contract, grant, regulation, or statute prevent City from
making a timely payment with federal funds; or
4. The invoice is not mailed to City in strict accordance with any instruction on the
purchase order relating to the payment.
5
10.0 GRATUITIES AND BRIBES
City may, by written notice to Services Provider, cancel this Agreement without liability
to Services Provider if it is determined by City that gratuities or bribes in the form of
entertainment, gifts, or otherwise were offered or given by Services Provider or its agents or
representatives to any City officer, employee or elected representative with respect to the
performance of this Agreement. In addition, Services Provider may be subject to penalties stated
in Title 8 of the Texas Penal Code.
11.0 TAXES
City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be
included in Services Provider’s charges.
12.0 INSURANCE
Services Provider shall meet all City of Round Rock insurance requirements set forth in
the RFP
13 .0 CITY’S REPRESENTATIVE
City hereby designates the following representative authorized to act in its behalf with
regard to this Agreement:
Scott Cheshire
Manager – Evidence & Crime Scene
Police Department
2701 North Mays Street
Round Rock, TX 78664
(512) 341-3397
scheshire@roundrocktexas.gov
14.0 RIGHT TO ASSURANCE
Whenever either party to this Agreement, in good faith, has reason to question the other
party’s intent to perform hereunder, then demand may be made to the other party for written
assurance of the intent to perform. In the event that no written assurance is given within the
reasonable time specified when demand is made, then and in that event the demanding party may
treat such failure as an anticipatory repudiation of this Agreement.
1 5 .0 DEFAULT
If Services Provider abandons or defaults under this Agreement and is a cause of City
acquiring the specified goods elsewhere.
6
Services Provider shall be declared in default of this Agreement if it does any of the
following and fails to cure the issue within thirty (30) days of receipt of written notice:
1. Fails to fully, timely and faithfully perform any of its material obligations under
this Agreement;
2. Becomes insolvent or seeks relief under the bankruptcy laws of the United States,
and is unable to perform its material obligations under the Agreement.
1 6.0 TERMINATION AND SUSPENSION
A. Either party 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 Services
Provider.
B. In the event of any default by Services Provider, City has the right to terminate
this Agreement for cause, upon ten (10) days’ written notice to Services Provider.
C. Services Provider 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 Services Provider,
Services Provider 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, Services Provider 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 Services Provider that portion of the charges, if undisputed. The parties agree that Services
Provider is not entitled to compensation for services it would have performed under the
remaining term of the Agreement except as provided herein.
17.0 INDEMNIFICATION
Services Provider 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, reasonable attorney’s
fees, and any and all other costs or fees arising out of, or incident to, concerning or resulting
from the fault of Services Provider, or Services Provider’s agents, employees or subcontractors,
in the performance of Services Provider’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
Services Provider (including, but not limited to the right to seek contribution) against any third
party who may be liable for an indemnified claim. Services obligation to indemnify the City
shall not extend to any loss or damage of any kind or nature, including death or injury resulting
therefrom, caused by the negligence of the City or anyone for whose acts the City may be liable
7
for by law. Neither party shall be liable for any consequential damages, including loss of use of
lost profits.
18.0 COMPLIANCE WITH LAWS, CHARTER, AND ORDINANCES
A. Services Provider, 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. In accordance with Chapter 2271, Texas Government Code, a governmental entity
may not enter into a contract with a company for goods or services unless the contract contains
written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott
Israel and will not boycott Israel during the term of this contract. The signatory executing this
Agreement on behalf of Services Provider verifies Services Provider does not boycott Israel and
will not boycott Israel during the term of this Agreement.
C. In accordance with Chapter 2274, Texas Government Code, a governmental entity
may not enter into a contract with a company with at least ten (10) full-time employees for a
value of at least One Hundred Thousand and No/100 Dollars ($100,000.00) unless the contract
has a provision verifying that it: (1) does not have a practice, policy, guidance, or directive that
discriminates against a firearm entity or firearm trade association; and (2) will not discriminate
during the term of the contract against a firearm entity or firearm trade association. The signatory
executing this Agreement on behalf of Services Provider verifies Services Provider does not
have a practice, policy, guidance, or directive that discriminates against a firearm entity or
firearm trade association, and it will not discriminate during the term of this Agreement against a
firearm entity or firearm trade association.
D. In accordance with Chapter 2274, Texas Government Code, a governmental entity
may not enter into a contract with a company with at least ten (10) full-time employees for a
value of at least One Hundred Thousand and No/100 Dollars ($100,000.00) unless the contract
has a provision verifying that it: (1) does not boycott energy companies; and (2) will not boycott
energy companies during the term of this Agreement. The signatory executing this Agreement on
behalf of Services Provider verifies Services Provider does not boycott energy companies, and it
will not boycott energy companies during the term of this Agreement.
1 9.0 ASSIGNMENT AND DELEGATION
The parties 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.
20.0 NOTICES
A. All notices and other communications in connection with this Agreement shall be
in writing and shall be considered given as follows:
8
1. When delivered personally to recipient’s address as stated in this Agreement; or
2. Three (3) days after being deposited in the United States mail, with postage
prepaid to the recipient’s address as stated in this Agreement.
Notice to Services Provider:
Veolia Technical Solutions, LLC
5 State Street, 14th Floor
Boston, Massachusetts 02109
Notice to City:
City Manager Stephanie L. Sandre, City Attorney
221 East Main Street AND TO: 309 East Main Street
Round Rock, TX 78664 Round Rock, TX 78664
B. Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of City and Services Provider.
21.0 APPLICABLE LAW, ENFORCEMENT, AND VENUE
This Agreement shall be enforceable in Round Rock, Texas, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or conditions
herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be
governed by and construed in accordance with the laws and court decisions of the State of Texas.
22.0 EXCLUSIVE AGREEMENT
This document, and all appended documents, constitutes the entire Agreement between
Services Provider and City. This Agreement may only be amended or supplemented by mutual
agreement of the parties hereto in writing.
23.0 DISPUTE RESOLUTION
City and Services Provider 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.
2 4 .0 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
9
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.
2 5.0 MISCELLANEOUS PROVISIONS
A. Standard of Care. Services Provider represents that it employs trained,
experienced and competent persons to perform all of the services, responsibilities and duties
specified herein and that such services, responsibilities and duties shall be performed in a manner
according to generally accepted industry practices.
B. Time is of the Essence. The parties agree that, from time to time, certain unique
transactions may have special requirements relative to timing and, accordingly, the parties will
identify those transactions and exercise best efforts to accomplish those transactions within the
stated timeframe. Other timing requirements will be met in a commercially reasonable manner.
Where damage is caused to City due to Services Provider’s failure to perform in the special
timing requirement circumstances, City may pursue any remedy available without waiver of any
of City’s additional legal rights or remedies.
C. Binding Agreement. This Agreement shall extend to and be binding upon and
inure to the benefit of the parties’ respective heirs, executors, administrators, successors and
assigns.
D. 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 on the following page.]
10
IN WITNESS WHEREOF, City and Services Provider have executed this Agreement
on the dates indicated.
Veolia Technical Solutions, LLC
By: ______________________________________
Printed Name: _____________________________
Title: ___________________________________
Date Signed: _______________________________
City of Round Rock, Texas
By: ______________________________________
Printed Name: _____________________________
Title: ___________________________________
Date Signed: _______________________________
For City, Attest:
By: _______________________
Meagan Spinks, City Clerk
For City, Approved as to Form:
By: _____________________
Stephanie L. Sandre, City Attorney
Carson Jarnagin
Carson Jarnagin
General Manager
06/24/2024
Laurie Hadley
City Manager
07/30/2024
City of Round Rock, Texas
Purchasing Division
221 East Main Street
Round Rock, Texas 78664-5299
www.roundrocktexas.gov
REQUEST FOR PROPOSAL (RFP)
TRANSPORTATION, DISPOSAL, AND
DESTRUCTION OF HAZARDOUS CHEMICALS AND
MATERIALS FOR POLICE DEPARTMENT
SOLICITATION NUMBER 24-013
JANUARY 2024
Exhibit "A"
City of Round Rock
Transportation, Disposal, and Destruction of Hazardous
Chemicals and Materials for Police Department
RFP No. 20-025
Class/Item: 926-45
January 2024
Page 2 of 15
TRANSPORTATION, DISPOSAL, AND DESTRUCTION OF HAZARDOUS CHEMICALS AND
MATERIALS FOR POLICE DEPARTMENT
PART I
GENERAL REQUIREMENTS
1. PURPOSE AND BACKGROUND: The City of Round Rock, herein after “the City” seeks proposals from
firms experienced in transportation, disposal, and destruction of hazardous chemicals and materials for Class
1 drugs and contaminated gear. The City seeks the transportation of these materials from our site to the
Contractor’s disposal/destruction site, The City estimates an annual spend of $20,000 a year.
The City of Round Rock Police Department (CORRPD) is court-ordered to properly dispose of any collected
Class 1 controlled substances at least twice a year. The City is seeking facilities experienced and certified in
the proper transportation, disposal, and destruction of these chemicals, any contaminated gear, clothing, and
other items.
The City reserves the right to award to more than one respondent.
2. SOLICITATION PACKET: This solicitation packet is comprised of the following:
3. SCHEDULE OF EVENTS: It is the City’s intention to follow the solicitation timeline below.
EVENT DATE
Solicitation released January 3, 2023
Deadline for submission of questions January 16, 2023 @ 5:00 PM, CST
City responses to questions or addendums Approximately January 19,2023 @ 5:00
PM, CST
Deadline for submission of responses February 5,2023 @ 3:00 PM, CST
All questions regarding the solicitation shall be submitted through Bonfire 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://roundrocktexas.bonfirehub.com
Description Index
Part I – General Requirements Page(s) 2-4
Part II – Definitions, Standard Terms and Conditions,
and Insurance Requirements Page 5
Part III – Supplemental Terms and Conditions Page(s) 6-8
Part IV – Scope of Work Page(s) 9-12
Part V – Proposal Preparation Instructions and Evaluation Factors Page(s) 13-15
Attachment A – Reference Sheet Separate Attachment
Attachment B – Subcontractor Information Form Separate Attachment
Attachment C – Cost Proposal Sheet Separate Attachment
Attachment D- Proposal Submittal Form Separate Attachment
Exhibit "A"
City of Round Rock
Transportation, Disposal, and Destruction of Hazardous
Chemicals and Materials for Police Department
RFP No. 20-025
Class/Item: 926-45
January 2024
Page 3 of 15
The City reserves the right to modify these dates. Notice of date change will be posted to the City’s website:
https://roundrocktexas.bonfirehub.com
4. SOLICITATION UPDATES: Respondents shall be responsible for monitoring the City’s website at
https://roundrocktexas.bonfirehub.com 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.
5. RESPONSE DUE DATE: Appropriately submitted responses are due at or before 3:00 PM, on the due
date noted in PART I, Section 3 – Schedule of Events. The Offeror shall respond via the City’s electronic
bidding platform, Bonfire: https://roundrocktexas.bonfirehub.com
A. This request for proposal (RFP) does not commit the City to contract for any supply or service.
B. No paper or submittals outside of Bonfire will be accepted by the City.
C. Responses cannot be altered or amended after digital opening.
D. No response can be withdrawn after opening without written approval from the City for an acceptable
reason.
E. The City will not be bound by any oral statement or offer made contrary to the written specifications.
F. Samples and/or copies shall be provided at the Respondent’s expense and shall become the property
of the City.
G. Late responses will not be considered.
6. 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
7. EX PARTE COMMUNICATION: Please note that to insure the proper and fair evaluation of an offer, the
City of Round Rock prohibits ex parte communication (e.g., unsolicited) initiated by the Offeror to the City
Official, Employee, City Consultant, or Evaluation Team member evaluating or considering the offers prior
to the time an award decision has been confirmed. Communication between an Offeror and the City will be
initiated by the appropriate City Official or Employee in order to obtain information or clarification needed to
develop a proper and accurate evaluation of the offer. Ex parte communication may be grounds for
disqualifying the offending Offeror from consideration of award in evaluation or any future bid.
8. OPPORTUNITY TO PROTEST: The Purchasing Manager for the City of Round Rock (“City”), in
consultation with the City Attorney, shall have the authority to settle or resolve any dispute concerning the
solicitation or award of a contract. The Purchasing Manager may solicit written responses to the protest
from other interested parties. The aggrieved person must prepare his or her complaint in writing and send it
by electronic mail to the City’s Purchasing Department at protest@roundrocktexas.gov.
In the event of a timely protest, the City shall not proceed further with the solicitation or award of a contract
unless it is determined that the award must take place without delay, to protect the best interests of the City.
The procedures for notifying the City of an alleged deficiency or filing a protest are listed below. If you fail to
comply with any of these requirements, the Purchasing Office may dismiss your complaint or protest.
A. Prior to Offer Due Date: If you are a prospective offeror for the award of a contract (“Offeror”) and you
become aware of the facts regarding what you believe is a deficiency in the solicitation process before
the due date for receipt of offers in response to a solicitation (“Offers”), you must notify the City in
writing of the alleged deficiency before that date, giving the City an opportunity to resolve the situation
prior to the Offer due date.
B. After Offer Due Date: If you submit an Offer to the City and you believe that there has been a
Exhibit "A"
City of Round Rock
Transportation, Disposal, and Destruction of Hazardous
Chemicals and Materials for Police Department
RFP No. 20-025
Class/Item: 926-45
January 2024
Page 4 of 15
deficiency in the solicitation process or the award, you have the opportunity to protest the solicitation
process, or the recommended award as follows:
i. You must file a written notice of your intent to protest within four (4) working days of the date that
you know or should have known of the facts relating to the protest. If you do not file a written notice
of intent within this time, you have waived all rights to protest the solicitation process or the award.
ii. You must file your formal written protest within ten (10) working days of the date that you know or
should have known of the facts relating to the protest unless you know of the facts before the Offer
has been closed. If you know of the facts before those dates, you must notify the City as stated in
section (A) above.
iii. You must submit your protest in writing and must include the following information:
a) your name, address, telephone number, and email address.
b) the solicitation number.
c) a specific identification of the statutory or regulatory provision that you are alleging has been
violated.
d) a detailed statement of the factual grounds for your protest, including copies of any relevant
documents.
e) a statement of any issues of law or fact that you contend must be resolved; and
f) a statement of the argument and authority that you offer in support of your protest.
iv. Your protest must be concise and presented logically and factually to help with the City’s review.
C. Receipt of Timely Protest: When the City receives a timely and complete written protest, the
Purchasing Manager, with assistance from the City Attorney, shall make one of the following
determinations:
i. Determine that a violation of rules and statutes has occurred prior to the award of the contract and
inform you and other interested parties of the determination. The City will prepare updated
solicitation documents and will re-solicit.
ii. Determine that no violation of rules or statutes has occurred and inform you and other interested
parties of the decision by letter. The reasons for the determination will be presented in the letter.
iii. Determine that a violation of rules and statutes has occurred after the award of the contract and
inform you and other interested parties of the determination. However, the awarded contract will not
be canceled. As needed, corrective actions may be taken with purchasing or any other pertinent
City staff.
iv. A determination will usually be made within fifteen (15) business days after receipt of the formal
protest.
v. Any written decisions by the Purchasing Manager shall be the final administrative action for
the City.
All documentation pertaining to a protest will be kept on file at the City and are subject to open records
requests.
Exhibit "A"
City of Round Rock
Transportation, Disposal, and Destruction of Hazardous
Chemicals and Materials for Police Department
RFP No. 20-025
Class/Item: 926-45
January 2024
Page 5 of 15
PART II
DEFINITIONS, STANDARD TERMS AND CONDITIONS,
AND INSURANCE REQUIREMENTS
1. DEFINITIONS, STANDARD TERMS AND CONDITIONS: By submitting a response to this solicitation, the
Respondent agrees that the City’s Definitions and 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. These can be obtained from the City’s website at:
https://www.roundrocktexas.gov/city-departments/purchasing/. In addition, the Supplemental Terms and
Conditions listed in Section III, shall also be enforced as part of the contract.
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/city-departments/purchasing/
3. HAZARDOUS MATERIALS INSURANCE: In addition to the standard City insurance requirements the City
requires insurance for work that involves hazardous materials. The Contractor shall comply with the
following insurance requirements in addition to the standard insurance requirements:
A. Provide a Pollution Liability policy endorsement to the Commercial General Liability policy with
minimum bodily injury and property damage limits of $1,000,000 per occurrence for coverages A&B
and products/completed operations coverage with a separate aggregate of $1,000,000.
B. Contractor responsible for transporting any hazardous materials shall provide pollution coverage.
Federal law requires interstate or intrastate transporters of hazardous materials to provide an MCS 90
endorsement with a $5,000,000 limit when transporting hazardous materials in bulk in conveyances
of gross vehicle weight rating of 10,000 pounds or more. Interstate transporters of hazardous
materials in non-bulk in conveyances of gross vehicle weight rating of 10,000 pounds or more must
provide an MCS 90 endorsement with a $1,000,000 limit. The terms "conveyance" and "bulk" are
defined by Title 49 CFR 171.8. All other transporters of hazardous material shall provide either an
MCS 90 endorsement with minimum limits of $1,000,000 or an endorsement to their Commercial
General Liability Insurance policy which provides coverage for bodily injury and property damage
arising out of the transportation of hazardous materials. The endorsement shall, at a minimum,
provide a $1,000,000 limit of liability and cover events arising from fire, wind, hail, lightning, overturn
of conveyance, collision with other vehicles or objects, and loading and unloading of conveyances.
Exhibit "A"
City of Round Rock
Transportation, Disposal, and Destruction of Hazardous
Chemicals and Materials for Police Department
RFP No. 20-025
Class/Item: 926-45
January 2024
Page 6 of 15
PART III
SUPPLEMENTAL TERMS AND CONDITIONS
1. AGREEMENT TERM: The terms of the awarded agreement shall include but not be limited to the following:
A. The term of the Agreement shall begin from date of award and shall remain in full force for sixty (60)
months.
B. 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
120 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:
A. Be firms, corporations, individuals or partnerships normally engaged in providing disposal and
destruction of hazardous chemicals and materials for police departments as specified herein and
have adequate organization, facilities, equipment, financial capability, and personnel to ensure
prompt and efficient service to the City.
B. The Respondent shall include in the proposal a list of all litigation the company or its principals have been
involved in within the last three (3) years.
C. 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
RFP process.
D. Have an incinerator on site to perform required destruction tasks.
E. Be registered and appropriately licensed with the Drug Enforcement Agency (DEA), Department of Public
Safety (DPS), and the Texas Commission on Environmental Quality (TCEQ).
3. SUBCONTRACTORS: If Subcontractors will be used the Respondent is required to complete and submit
with their proposal response Attachment B: Subcontractor Information Form. The Contractor shall be fully
responsible to the City for all acts and omissions of the Subcontractors just as the Contractor is responsible
for the Contractors own acts and omissions. The Contractor shall:
A. No subcontracting may be used for the transportation of any materials.
B. Require that all deliverables to be provided by the Subcontractor be provided in strict accordance with the
provisions, specifications, and terms of the Contract.
C. Require that all Subcontractors obtain and maintain, throughout the term of their agreement, primary
insurance in the type and amounts specified for the Contractor, with the City being named as an
additional insured; and
D. Require that the Subcontractor indemnify and hold the City harmless to the same extent as the Contractor
is required to indemnify the City.
E. Awarded Contractor is required to submit a list of all subcontractors for approval by the City prior to use of
any subcontractors throughout the term of the contract.
F. Require that all Subcontractors obtain and maintain, throughout the term of their agreement, primary
insurance in the type and amounts specified for the Vendor, with the City being named as an additional
insured; and
Exhibit "A"
City of Round Rock
Transportation, Disposal, and Destruction of Hazardous
Chemicals and Materials for Police Department
RFP No. 20-025
Class/Item: 926-45
January 2024
Page 7 of 15
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:
A. 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.
B. 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.
C. 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 Contractor’s obligations under this
paragraph.
5. WORKFORCE: Successful Respondent shall:
A. Ensure Respondent’s employees perform the services in a timely, professional, and efficient manner.
B. Ensure Respondent’s employees, while working on City property, wear a company uniform that clearly
identifies them as the Respondent’s employee.
C. Employ all personnel for work in accordance with the requirements set forth by the United States
Department of Labor. The City reserves the right to verify citizenship or right to work in the United States.
6. PRICING: The Respondent shall determine and submit a fixed cost for the work and shall include all
incidental costs, labor, overhead charges, travel, payroll expenses, freight, equipment acquisition and
maintenance, demurrage, fuel surcharges, delivery charges, costs associated with obtaining permits,
insurance, bonds, and risk management. No separate line-item charges shall be permitted for either
response or invoice purposes.
Pricing for materials and services shall be reflected in Attachment C- Cost Proposal Sheet under the
individually called-out items.
7. PRICE INCREASE: Contract prices for transportation, disposal, and destruction of hazardous chemicals and
materials for the police department 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 and shall be equal to the consumer price index for that year, but at no time can the increase be greater
than 10% for any single line item unless otherwise approved by the City.
A. Consumer Price Index (CPI): Price adjustments will be made in accordance with the percentage
change in the U.S. Department of Labor Consumer Price Index (CPI-U) for all Urban Consumers. The
price adjustment rate will be determined by comparing the percentage difference between the CPI in
effect for the base year six-month average (January through June OR July through December), and each
(January through June OR July through December six month average) thereafter. The percentage
difference between those two CPI issues will be the price adjustment rate. No retroactive contract price
adjustments will be allowed. The Consumer Price Index (CPI) is found at the Bureau of Labor Statistics,
Consumer Price Index website: http://www.bls.gov/cpi
B. Procedure to Request Increase:
i. Email the written price increase request to purchasing@roundrocktexas.gov with the rate detail
comparison, a 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.
ii. 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 or negotiate with the Vendor or cancel the
agreement or purchase order if an agreement cannot be reached on the value of the increase.
Exhibit "A"
City of Round Rock
Transportation, Disposal, and Destruction of Hazardous
Chemicals and Materials for Police Department
RFP No. 20-025
Class/Item: 926-45
January 2024
Page 8 of 15
8. ACCEPTANCE/INSPECTION: Acceptance/Inspection should not take more than five (5) working days. The
Contractor will be notified within the time frame if the services delivered are not in full compliance with the
specifications. In the event the services are not performed to the satisfaction of the City the Contractor shall
agree to reperform services to specification at no additional cost to the City. If any agreement or purchase
order is cancelled for non-acceptance, the needed services may be purchased elsewhere.
9. PERFORMANCE REVIEW: The City reserves the right to review the awarded Contractor’s performance
anytime during the contract term.
10. 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.
11. 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. Respondents to the solicitation will be notified when City staff
recommendation of award has been made. The award announcement will be posted to the City’s website at
https://roundrocktexas.bonfirehub.com once City Council has approved the recommendation of award and the
agreement has been executed.
12. POINT OF CONTACT / DESIGNATED REPRESENTATIVE:
A. 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.
B. The City’s designated representative: The City’s appointed representative shall be:
Scott Cheshire
Evidence & Crime Scene Supervisor
Police Department
Phone: (512) 341-3397
E-mail: scheshire@roundrocktexas.gov
Do not contact the individual listed above with questions or comments during the course of the
solicitation.
13. INTERLOCAL PURCHASING AGREEMENTS:
A. 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.
B. The City does not accept any responsibility or liability for the purchases by other government
agencies through an interlocal cooperative agreement
Exhibit "A"
City of Round Rock
Transportation, Disposal, and Destruction of Hazardous
Chemicals and Materials for Police Department
RFP No. 20-025
Class/Item: 926-45
January 2024
Page 9 of 15
PART IV
SCOPE OF WORK
1. PURPOSE: The City of Round Rock, herein after “the City” seeks proposals from firms experienced in
transportation, disposal, and destruction of hazardous chemicals and materials for Class 1 drugs and
contaminated gear. The City seeks the transportation of these materials from our site to the Contractor’s
disposal/destruction site.
The City of Round Rock Police Department (CORRPD) is court-ordered to properly dispose of any collected
Class 1 controlled substances at least twice a year. The City is seeking facilities experienced and
certified/licensed in the proper disposal of these chemicals, any contaminated gear, clothing, and other items.
2. SERVICE REQUIREMENTS: The City requires that the Contractor shall-
A. Have the capability to handle compressed gas cylinders (full or empty), water reactive, air reactive, and
explosive contaminants as well as other chemical items.
B. Have the capability to properly handle, package, and remove bulk quantities of waste (liquids and solids).
C. Provide all services in compliance with current Federal, State, and local laws and regulations governing
transportation, handling, and disposal/destruction of hazardous materials.
D. Handle and dispose of miscellaneous items contaminated with hazardous waste such as glassware,
plastics, tools, lab equipment, protective clothing and equipment, and chemical waste generated by the
CORRPD laboratory.
E. Omissions: It is the intention of this scope of work to acquire complete categorization, inventory,
packaging, labeling, manifesting, loading, transporting, storing, and disposal services for hazardous
material and wastes resulting from seizures of clandestine laboratories by the CORRPD. Any services
omitted from this specification, which are necessary for the complete operation of this service, shall be
considered a requirement although not directly specified or called for in the specification.
F. Maintain complete and accurate records of all materials collected pursuant to Federal, State, and Local
Government requirements including:
i. The date material was obtained from CORRPD,
ii. The amount of material,
iii. The date and manner of destruction,
iv. These records shall be maintained and available for at least three years from the date chemicals
were removed from the City’s site.
G. Be responsible for characterizing, inventorying, packaging, labeling, manifesting, loading, transporting,
storing, disposing, and the destruction of hazardous materials and wastes resulting from seizures of
clandestine laboratories by the CORRPD. The Contractor shall also be responsible for providing these
same services for hazardous wastes stored in the CORRPD’s chemical storage facility, chemical wastes
generated by the CORRPD Crime Laboratory, and materials generated from other sources.
H. Must be willing and able to provide courtroom testimony as to chain of custody, storage, and disposal of
seized chemical items if needed by the courts.
I. Contractor shall provide copies of all registrations and certificates with their submittal to this proposal.
J. The Contractor shall supply the City of Round Rock Police Department with their Spill Prevention, Control,
and Countermeasures (SPCC) Plan with submission of proposal.
K. The Contractor shall complete a Site Health and Safety Plan prior to the commencement of each project.
The plan shall address site operating and emergency procedures, personnel responsibilities, and control
measures for personnel safety.
L. If a release or spill occurs, Contractor will provide the Round Rock Police Department and the Texas
Commission on Environmental Quality (TCEQ) immediate notice of such an action and remedial efforts to
contain the spill.
Exhibit "A"
City of Round Rock
Transportation, Disposal, and Destruction of Hazardous
Chemicals and Materials for Police Department
RFP No. 20-025
Class/Item: 926-45
January 2024
Page 10 of 15
3. TRANSPORTATION OF MATERIALS:
A. The Contractor is required to transport hazardous waste in appropriate company-owned/leased vehicles
driven by its trained and licensed drivers.
B. The Contractor must provide proof of a company-sponsored driver training and vehicle safety program
with proposal.
C. The City reserves the right to request a copy of any background check done on any employee
transporting materials.
4. STORAGE, DISPOSAL, AND DESTRUCTION OF MATERIALS:
A. Facility Requirements: The Contractor shall-
i. Store controlled substances and provide a secure storage area, which prevents unauthorized access
and theft. This storage area must be fenced, securely locked, and have an alarm system to alert local
law enforcement if accessed. This storage facility will be subject to inspections by the Round Rock
Police Department.
ii. Note that facilities with pending administrative or judicial actions against them to restrict their use will
NOT be allowed or considered for this contract.
B. Disposal/Destruction Methods:
i. Controlled substances, materials containing controlled substances, and precursor chemicals must be
destroyed by incineration.
ii. Flammable solvents may be destroyed by incineration or by fuel blending.
iii. Concentrated acids and bases may be incinerated or neutralized.
iv. Certain substances may be reclaimed or recycled such as mercury compounds.
v. Compressed gas cylinders may be decontaminated by the Contractor, with accompanying
certification to CORRPD, and released without restriction to the original cylinder supplier for
transportation.
vi. Glassware or equipment contaminated with controlled substances must be crushed into lab packs
and destroyed by incineration.
vii. Other glassware and equipment with no visible residue may be destroyed by landfilling in designated
hazardous waste landfills.
viii. Diversion Requirement: Of the waste that is hauled through this contract, as much of the waste
materials as economically feasible shall be reused, salvaged, or recycled. Waste disposal in landfills
or incinerators shall be minimized and material diversion shall be maximized when feasible.
ix. If the methods of disposal given above are not possible due to the nature of the waste, an alternate
EPA approved method of disposal may be used with prior authorization in writing from the CORRPD.
5. SPILL RESPONSE PERSONNEL REQUIREMENTS:
A. The spill response unit will be staffed at all times by at least one supervisor and one hazardous materials
technician.
B. The supervisor and technicians shall have a minimum of two years’ experience in hazardous materials
response.
Exhibit "A"
City of Round Rock
Transportation, Disposal, and Destruction of Hazardous
Chemicals and Materials for Police Department
RFP No. 20-025
Class/Item: 926-45
January 2024
Page 11 of 15
C. Response unit personnel shall be certified at a minimum with 40 hours of Health and Safety training
covering the following topics:
D. Copies of training certificates of spill response unit personnel along with their resumes are to be
provided in the proposal response.
E. The Contractor’s spill response unit employees must meet background investigation requirements due to
the sensitive nature of the work environment. The names, social security numbers, and home addresses
of all on-site employees will be provided prior to arrival at the worksite. The Round Rock Police
Department reserves the right to refuse access to any Contractor or Contractor employee who does not
meet the background investigation requirements. On-site employees may be photographed and
fingerprinted at the discretion of the Round Rock Police Department.
6. LOCATION:
A. The Contractor shall provide a secure container for approximately 1500 lbs. of material.
B. All containers should be dropped off and collected at the following location:
City of Round Rock Police Department
701 North Mays Street
Round Rock, TX 78665
7. REPORTING REQUIREMENTS:
A. The City will provide the Contractor with Uniform Hazardous Waste Manifest(s) at pickup.
B. The Contractor shall provide the Round Rock Police Department with the following documents no later
than 30 calendar days from the date of the waste disposal:
i. Signed Uniform Hazardous Waste Manifest(s) for all materials released to the Contractor for disposal.
ii. A Verification of Contents letter stating that the original contents have not been altered.
ii. All Certificates of Disposal
iii. The letter and Certificate shall be sent to the CORRPD Evidence & Crime Scene Supervisor at:
City of Round Rock Police Department
ATTN: Evidence and Crime Scene Supervisor
2701 North Mays Street
Round Rock, TX 78665
C. Waste Management Reports:
Prepare and maintain through the Contract duration a record of waste management activity. Report
annually the following information based on calendar year tons managed:
i. Waste sent to municipal solid waste landfills; The amount (in tons) of material landfilled from the
contracted service, the identity of the landfill, the total amount of tipping fees paid at the landfill.
ii. Material sent to recycling facilities; The amount (in tons) of material recycled from the contracted
service, the receiving party, and the amount of any money paid or received for the recycled material.
iii. Material sent to reuse/salvage facilities; The amount (in tons) of material reused or salvaged from the
contracted service, the receiving party, and the amount of any money paid or received for the reused
or salvaged material.
iv. The total diversion rate, calculated as diverted material (recycled, reused) divided by total waste
hauled (landfilled, recycled, reused).
Atmosphere Monitoring Instruments Hazardous Waste Regulations
CPR and First Aid Health Hazards
Drum Handling Material Safety Data Sheets
Engineering Control Medical Surveillance
General Safety Respiratory Protection including SCBA
Hazardous Materials Sampling
Hazardous Waste Operations and
Emergency Response Spill Control
Exhibit "A"
City of Round Rock
Transportation, Disposal, and Destruction of Hazardous
Chemicals and Materials for Police Department
RFP No. 20-025
Class/Item: 926-45
January 2024
Page 12 of 15
v. Annual waste management reports will be submitted by January 31st of each year to the designated
contract manager.
vi. The Contractor will prepare Texas Waste Shipment Summaries and Annual Waste Summaries for the
department.
D. Spills: If a release or spill occurs, Contractor will provide the Round Rock Police Department and the
Texas Commission on Environmental Quality (TCEQ) immediate notice of such an action. A written report
shall be submitted subsequently detailing the following:
i. date,
ii. time,
iii. location,
iv. cause of spill,
v. list of all authorities the Contractor notified, including local law enforcement agencies,
vi. description of all actions taken to clean the site,
vii. proof of site cleanup, with photographs.
The Contractor shall be responsible for all releases or spills and bear the cost of cleanup. Additionally,
any liability, including legal action resulting from the release or spill shall be the sole responsibility of the
Contractor.
8. DELIVERABLES:
The following items are to be delivered as stated in this scope of work:
1. Uniform Hazardous Waste Manifest(s) Before departure from job site
2. Signed copies of the Uniform Hazardous Waste
Manifest 30 calendar days from disposal date
3. Verification of Contents letter 30 calendar days from disposal date
4. Certificate of Disposal 30 calendar days from disposal date
5. Report of spills or personnel exposures during handling,
transporting, etc. Per occurrence
6. Waste Management Reports Annually
9. INSPECTION AND AUDIT REQUIREMENTS:
A. Inspection Requirements: The Contractor may be subject to announced or unannounced inspections of
their operations, records, and facilities by the Drug Enforcement Administration, Texas Department of
Public Safety, and the Round Rock Police Department to verify contract compliance prior to contract
award and/or during the contract period. This does not relieve the Contractor of their responsibility to
ensure contract compliance by their own inspections. The Contractor will send copies of the results of any
Federal, State, or Local Government inspections it has received to the Round Rock Police Department
within two weeks of receipt to the attention of Lab Supervisor.
B. Audit Requirements: The Contractor agrees to maintain and make available for inspection, audit, or
reproduction by any authorized representative of the City or any other governmental agency, any book,
document, or any other evidence pertinent to the costs and expenses of this contract. Such costs and
expenses include, without limitation, all direct and indirect costs of labor, material, equipment, supplies,
and services, and all other costs and expenses of any nature for which reimbursement is claimed by the
Contractor under this contract.
10. CITY RESPONSIBILITIES: The City will-
A. Coordinate the scheduling of material disposal.
B. Coordinate all documentation with the Contractor.
C. Ensure that only items intended for contract disposal are put into the container for pickup.
D. Confirm the manifest on the day of pickup
Exhibit "A"
City of Round Rock
Transportation, Disposal, and Destruction of Hazardous
Chemicals and Materials for Police Department
RFP No. 20-025
Class/Item: 926-45
January 2024
Page 13 of 15
PART V
PROPOSAL PREPARATION INSTRUCTIONS
AND EVALUATION FACTORS
1. PROPOSAL ACCEPTANCE PERIOD: All proposals are valid for a period of one hundred and twenty (120)
calendar days subsequent to the RFP closing date unless a longer acceptance period is offered in the
proposal.
2. PROPOSAL RESPONSE: Responses shall be clear and concise while appropriately responding to the
evaluation criteria listed below in Section 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://roundrocktxvendors.munisselfservice.com/Vendors/default.aspx
Proposal Submittal Instructions: The Respondent shall include all of the following documents in their
response-
Attachment A- Reference Sheet
Attachment B- Subcontractor Form
Attachment C- Cost Proposal Sheet
Attachment D- Proposal Submittal Form
Acknowledged Addenda (if applicable)
Company Information- which gives in brief, concise terms, a summation of the proposal. Include the
following-
Business Organization: State full name and address of your organization and identify parent company if
you are a subsidiary. Specify the branch office or other subordinate element which will perform, or assist
in performing, work herein. Indicate whether you operate as a partnership, corporation, or individual.
Include the State in which incorporated or licensed to operate.
Project Management Structure: Provide a general explanation and chart which specifies project
leadership and reporting responsibilities; and interface the team with City project management and team
personnel. If use of subcontractors is proposed, identify their placement in the primary management
structure, and provide internal management description for each subcontractor.
Authorized Negotiator: Include the name, email address, and telephone number of the person(s) in your
organization authorized to negotiate Contract terms and render binding decisions on Contract matters.
Segment requirements listed below.
A statement of your compliance with all applicable rules and regulations of Federal, State and Local
governing entities.
List of Exceptions (if any)- Be advised that exceptions to any portion of the Solicitation may jeopardize
acceptance of the Proposal by the City. Exceptions to this solicitation if any, shall be submitted on a
separate sheet labeled “Exceptions” with the Respondent’s proposal.
3. EVALUATION CRITERIA:
A. Segment 1 – Respondent’s Solution, Approach, & Timeline
i. System Concept and Solution: Define in detail your understanding of the requirement presented in
the Scope of Work of this request for proposal and your system solution. Provide all details as
required in the Scope of Work and any additional information you deem necessary to evaluate your
proposal.
ii. Program Approach and Timeline: Describe your technical plan for accomplishing required work.
Include such time-related displays, graphs, and charts as necessary to show tasks, sub-tasks,
milestones, and decision points related to the Scope of Work and your plan for accomplishment.
Specifically indicate:
a) A description of your work program by tasks. Detail the steps you will take in proceeding from
material pickup to final disposal.
Exhibit "A"
City of Round Rock
Transportation, Disposal, and Destruction of Hazardous
Chemicals and Materials for Police Department
RFP No. 20-025
Class/Item: 926-45
January 2024
Page 14 of 15
b) The technical factors that will be considered in section above, and the depth to which each will be
treated.
c) A description of your safety and security procedures from the point of pick up to the destruction of
materials. Include a description of your company’s secure storage area preventing unauthorized
access and theft of materials.
d) The points at which written, deliverable reports will be provided.
e) A statement of your compliance with all applicable rules and regulations of Federal, State and
Local governing entities. The Proposer must state their compliance with terms of this Request for
Proposal (RFP) or clearly document any exceptions.
f) Include with the proposal the names, locations, and capabilities of any intended disposal and/or
storage facilities. Such facilities must be approved by regulatory agencies and have current
permits and registration from Federal and State regulatory agencies.
B. Segment 2 – Company Work Experience and Personnel
i. Prior Experience: State the number of years the Respondent company has been providing the
services requested in the solicitation. Describe only relevant municipal, governmental, corporate,
and individual experience for the company and personnel who will be actively engaged in the
project. Do not include corporate experience unless personnel assigned to this project actively
participated. Do not include experience prior to 2014. Supply the project title, year, and reference
name, title, present address, and phone number of principal persons for whom prior projects were
accomplished.
ii. Contractors’ past performance with the City may be evaluated.
iii. Personnel: Include names, qualifications, and resumes of all personnel who will be assigned to the
account. State the primary work assigned to each person and the percentage of time each person
will devote to this work. Identify key persons by name and title.
B. Segment 3 – Cost Proposal: Complete Attachment C - Cost Proposal. All lines must be quoted to be
considered responsive. A firm fixed price or not-to-exceed Contract is contemplated.
i. Prices quoted for each line item shall be inclusive of associated costs and fees (excluding fuel
surcharges) including but not limited to:
a) Manager, Supervisor, Driver/Transporter, disposal personnel
b) Spill Response Supervisor and Hazardous Materials Technician(s)
c) Estimated hours for each category of personnel
d) Rate applied for each category of personnel
ii. Fuel Surcharge
4. EVALUATION SCORING: The intent of the City is to award to one Respondent in accordance with the
evaluation criteria below. The purpose of this evaluation criteria is to determine which proposal best meets
the requirements and provides the best overall value to the City.
A. Evaluation Criteria: Weights:
• Respondent’s Solution, Approach, & Timeline (Segment 1) 40 pts
• Company Work Experience and Personnel (Segment 2) 20 pts
• Cost Proposal (Segment 3) 40 pts
Maximum Weight: 100 pts
B. An evaluation committee will be established to evaluate the proposal. The committee will include
employees of the City and may include other impartial individuals who are not City employees. The
evaluation committee will determine if discussions and/or Best and Final Offers (BAFO) are necessary.
Award of a contract may be made without discussions or BAFO, if in the best interest of the City. The
evaluation committee may determine that discussions are necessary to clarify or verify a written proposal
response. The City may, at its discretion, elect to have respondents provide oral presentations of their
proposal. The City reserves the right to rescore an offer based on provided demonstrations. A request
for a BAFO is at the sole discretion of the City and will be requested in writing. The evaluation committee
will evaluate the finalists and make a recommendation for award.
Exhibit "A"
City of Round Rock
Transportation, Disposal, and Destruction of Hazardous
Chemicals and Materials for Police Department
RFP No. 20-025
Class/Item: 926-45
January 2024
Page 15 of 15
C. The City reserves the right to reject any or all proposals submitted, or to award to the respondent who in
the City’s opinion, offers the best value to the City. The City also reserves the right to cancel the RFP
process and pursue alternate methods for providing the requirements.
D. The City reserves the right to conduct studies and other investigations as necessary to evaluate any
proposal.
E. The City reserves the right to waive any minor technicality, irregularities, or informalities noted
in the submission process. Submission of proposal confers no legal rights upon any
Respondent.
F. The City reserves the right to request further documentation or information and to discuss proposal
response with any Respondent in order to answer questions or to clarify any aspects of the proposal.
G. The City may develop a “short list” of qualified proposal and may determine that the
Respondent(s) should submit a Best and Final Offer (BAFO). Each “short listed” Respondent will be
given a reasonable opportunity for discussion and revision of their proposal.
5. AGREEMENT NEGOTIATIONS AND AWARD PROCESS:
A. A proposal presented in response to this RFP is subject to negotiation concerning any issues deemed
relevant by the City. The City reserves the right to negotiate any issue with any party. Any unsolicited
communication by the Respondent to a City official, undesignated employee, or an evaluation team
member evaluating or considering the offers may be grounds for disqualifying the offending Offeror from
consideration of award.
B. Submission of proposal indicates the Respondent’s acceptance of the evaluation process and recognition
that the City may make subjective judgments in evaluating the proposal to determine the best value for
the City.
C. If negotiations are successful, the City and Respondent may enter into an agreement. If negotiations are
unsuccessful, the City may formally end negotiations with that Respondent.
D. The City also reserves the right to reject any or all submittals, or to accept any submittal deemed most
advantageous, or to waive any irregularities or informalities in the submittal received.
E. An independent signed authorized Contract will be sent to the successful Respondent(s). Execution of a
City of Round Rock contract is required prior to starting work and processing any payments to the
Contractor.
6. POST AWARD MEETING: The City and the Respondent may schedule a post award meeting to discuss, but
not be limited to the following:
A. The method to provide a smooth and orderly transition of services performed from the current Contractor.
B. Provide City contact(s) information for implementation of the Agreement.
C. Identify specific milestones, goals, and strategies to meet objectives.
Exhibit "A"
Exhibit "A"
Exhibit "A"
Exhibit "A"
Exhibit "A"
CITY OF ROUND ROCK PURCHASING DEFINITIONS, STANDARD TERMS AND CONDITIONS
EXCEPTIONS
While Veolia would like to respond to the City of Round Rock (City) with an unconditional
bid response to the City’s Request for Proposal 24-13, there are some areas of the terms
provided in the RFP relative to subsequent environmental service work that are of concern
to Veolia. Having carefully reviewed the technical requirements of the solicitation and
potential scope of work, and based on certain contractual concepts under which Veolia
normally performs its work, and the work described in the RFP, it is important to note
that Veolia’s proposal assumes the execution of a mutually agreeable contract consistent
with those concepts, and notwithstanding any terms of the procurement to the contrary, the
general terms and conditions that will govern the legal and business relationship between
Veolia and the City are subject to negotiation and mutual agreement by the
parties. Contractual provisions which often require discussion and further agreement
include warranties, indemnities, insurance, environmental liability, ownership of wastes,
consequential damages, contractual limits of liability, remedies for breach and
termination. We do not believe that these matters should present any serious obstacles to
the negotiation of a subsequent contract, and we are prepared to meet with you to discuss
them upon award and at your convenience. As required by the RFP instructions, following
this narrative is a redline version of the City’s terms that reflect Veolia’s potential exceptions
for the City’s review and comment during its source selection process:
Exhibit "A"
CITY OF ROUND ROCK PURCHASING DEFINITIONS, STANDARD TERMS AND CONDITIONS
Page 2 of 17 Dated: November 2021
DEFINITIONS
The following definitions shall be used to identify terms throughout specification documents:
1. AGREEMENT: A mutually binding legal document obligating the Vendor to furnish the goods,
equipment, or services specified within the solicitation and obligating the City to compensate in
accordance with the conditions of the agreement.
2. BID/PROPOSAL/RESPONSE: A document submitted by a respondent in response to a solicitation
to be used as the basis for negotiations or for entering into an agreement.
3. BIDDER/PROPOSER/RESPONDENT: The party identified throughout the solicitation document that
considers themselves qualified to provide the goods, equipment, or services specified and submits a
response to the solicitation.
4. CITY: Identifies the City of Round Rock, located in Travis and Williamson Counties, Texas.
5. GOODS: Represent materials, supplies, commodities, and equipment.
6. IFB: Invitation for Bid – A document used to solicit competitive or multi-step sealed bids.
7. PIGGYBACK AGREEMENT: A term used to identify a contract or agreement that has been
competitively bid in accordance with State of Texas statutes, rules, policies, and procedures and
have been extended for the use of state and local agencies and active CO-OP entities.
8. PO: Purchase Order – A written document by the City to a vendor formalizing all the terms and
conditions of a proposed transaction, to include but not be limited to, a description of the requested
item, delivery schedule, terms of payment, transportation, delivery location, price, quantity, and special
instructions.
9. RFI: Request for Information – A non-binding method whereby a jurisdiction publishes via newspaper,
internet, or direct mail its need for input from interested parties for an upcoming solicitation. A
procurement practice used to obtain comments, feedback, or reactions from potential suppliers
(contractors) prior to the issuing of a solicitation. Generally, price or cost is not required. Feedback
may include best practices, industry standards, technology issues.
10. RFP: Request for Proposal – The document used to solicit proposals from potential providers for goods
and services (Respondents). Price is usually not a primary evaluation factor. Provides for the negotiation
of all terms, including price prior to agreement award. May include a provision for the negotiation of Best
and Final Offers. May be a single step or multi-step process.
11. RFQu: Request for Qualification – A document which is issued by a procurement entity to obtain
statements of the qualifications of potential development teams or individuals (i.e., consultants) to
gauge potential competition in the marketplace, prior to issuing the solicitation.
12. RFQ: Request for Quotation – A small order amount purchasing method. A request is sent to suppliers
along with a description of the commodity or services needed and the supplier is asked to respond with
price and other information by a pre-determined date.
13. SERVICES: Work performed to meet the requirements and demand of said purchase order or
agreement. The furnishing of labor, time, or effort by the Vendor and their ability to comply with
promised delivery dates, specification and technical assistance specified.
14. SUBCONTRACTOR: Any person or business entity employed to perform part of a contractual
obligation under the control of the principal contractor for fulfillment of a purchase order or agreement
with the City. Any supplier, distributor, vendor, or firm that furnishes supplies or services to a prime
contractor or another subcontractor to fulfill their obligations with the City.
15. VENDOR: Person or business enterprise providing goods, equipment, labor, and/or services to the City
as fulfillment of obligations arising from an agreement or purchase order.
TERMS AND CONDITIONS
Exhibit "A"
CITY OF ROUND ROCK PURCHASING DEFINITIONS, STANDARD TERMS AND CONDITIONS
Page 3 of 17 Dated: November 2021
By submitting a response to the Solicitation or accepting a PO, the Vendor agrees that these terms and
conditions shall govern unless specifically provided otherwise on the face of the purchase order or in a
separate agreement.
1. ABANDONMENT OR DEFAULT: A Vendor who abandons or defaults on work which causes the City
to purchase goods or services elsewhere may be charged the difference in cost of goods, services,
or handling, if any, and may not be considered in the re-advertisement of the goods or services and
may not be considered in future solicitations for the same type of work unless the scope of work is
significantly changed.
2. ABSENCES OF PURCHASE ORDER OR AGREEMENT: The Vendor’s delivery of goods or services
without an approved purchase order or agreement may result in rejection of delivery, return of goods at
the Vendor’s expense, and also non-payment for goods and services.
3. ACCEPTANCE: Acceptance inspection should not take more than five working days. The vendor
will be notified within this time frame if the service provided is not in full compliance with the project
scope. If any service is canceled for non-acceptance, the needed equipment or service may be
purchased elsewhere and the vendor may be charged full increase, if any, in cost and handling.
4. ACCEPTANCE OF TERMS & CONDITIONS: A purchase order is the City’s commitment to
purchase the goods and/or services described from the Vendor. The City’s placement of this order is
expressly conditioned upon Vendor’s acceptance of all the terms and condition of purchase
contained on the purchase order.
5. ACCEPTANCE OF INCOMPLETE OR NON-CONFORMING DELIVERABLES: If, instead of
requiring immediate correction or removal and replacement of defective or non-conforming deliverables,
the City prefers to accept it, the City may do so. The Vendor shall pay all claims, costs, losses, and
damages attributable to the City’s evaluation of and determination to accept such defective or non-
conforming deliverables. If any such acceptance occurs prior to final payment, the City may deduct such
amounts as are necessary to compensate the City for the diminished value of the defective or non-
conforming deliverables. If the acceptance occurs after final payment, such amount shall be refunded
to the City by the Vendor.
6. ADVERTISING: The Vendor shall not advertise or publish, without the City’s prior written consent,
the fact that the City has entered into the Agreement, except to the extent required by law.
7. AMENDMENTS: No agreement or understanding to modify this agreement shall be binding upon the
City unless in writing and signed by the City’s authorized agent. All specifications, drawings, and data
submitted to the Vendor with this order are hereby incorporated and made a part hereof.
8. ASSIGNMENT-DELEGATION: The Agreement shall be binding upon and endure to the benefit of the
City and the Vendor and their respective successors and assigns, provided however, that no right or
interest in the Agreement shall be assigned and no obligation shall be delegated by the Vendor without
the prior written consent of the City. Any attempted assignment or delegation by the Vendor shall be
void unless made in conformity with this paragraph. The Agreement is not intended to confer rights or
benefits on any person, firm or entity not a party hereto; it being the intention of the parties that there
be no third- party beneficiaries to the Agreement.
9. AWARDS: The City may choose not to award an Agreement. Split awards between Vendors may be
made at the sole discretion of the City. The City reserves the right to enter into an agreement or a
purchase order with a single award, split awards, or use any combination that best serves the interest
and at the sole discretion of the City.
10. CANCELLATION: The City reserves the right to cancel the agreement for default of all or any part of
the undelivered portion of the order if Vendor breaches any of the terms hereof including warranties or
becomes insolvent or commits acts of bankruptcy. Such right of cancellation is in addition to and not in
lieu of any remedies, which the City may have in law or equity.
Exhibit "A"
CITY OF ROUND ROCK PURCHASING DEFINITIONS, STANDARD TERMS AND CONDITIONS
Page 4 of 17 Dated: November 2021
11. CLARIFICATION OF PROPOSALS: The City reserves the right to request clarification or additional
information specific to any proposal after all proposals have been received and the RFP close date
has passed.
12. CODE OF FEDERAL REGULATION: City of Round Rock agreements made under a Federal Award as
defined in the CFR will adhere to the provisions described in 2 CFR §200.326 Appendix II to Part 200.
13. CODES, PERMITS AND LICENSES: The Vendor shall comply with all National, State, and Local
standards, codes and ordinances and the terms and conditions of the services of the electric utility, as
well as other authorities that have jurisdiction pertaining to equipment and materials used and their
application. None of the terms or provisions of the specification shall be construed as waiving any rules,
regulations, or requirements of these authorities. The Vendor shall be responsible for obtaining all
necessary permits, certificates, and/or licenses to fulfill contractual obligations (City of Round Rock fees
and costs may be waived).
14. COMPLIANCE WITH HEALTH, SAFETY, AND ENVIRONMENTAL REGULATIONS: (apply only to
a Solicitation to purchase Services to be performed principally at the City’s premises or on
public rights-of-way) The Vendor, its Subcontractors, and their respective employees, shall comply
fully with all applicable federal, state, and local health, safety, and environmental laws, ordinances, rules
and regulations in the performance of the services, including but not limited to those promulgated by
the City and by the Occupational Safety and Health Administration (OSHA). In case of conflict, the
most stringent safety requirement shall govern. The Vendor shall 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 Vendor’s obligations under this paragraph.
15. COMPLIANCE WITH LAWS, CHARTER, AND ORDINANCES:
15.1 The successful offeror shall comply with all federal, state, and local laws, statutes, ordinances,
rules and regulations, and the orders and decrees of any court or administrative bodies or tribunals
in any matter affecting the performance of the resulting agreement or purchase order, including
without limitation, workers’ compensation laws, minimum and maximum salary and wage statutes
and regulations, and licensing laws and regulations. When requested, the Vendor shall furnish the
City with satisfactory proof of its compliance.
15.2 In accordance with Chapter 2270, Texas Government Code, a government entity may not enter
into any contract, including issuing a purchase order, with a company for goods or 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 an
Agreement or accepting a purchase order on behalf of Vendor verifies Vendor does not boycott
Israel and will not boycott Israel during the term of this Agreement.
15.3 In accordance with Chapter 2274, Texas Government Code, a governmental entity may not enter
into a contract with a company with at least ten (10) full-time employees for a value of at least One
Hundred Thousand and No/100 Dollars ($100,000.00) unless the contract has provision in the
contract verifying that it: (1) does not have a practice, policy, guidance, or directive that
discriminates against a firearm entity or firearm trade association; and (2) will not discriminate
during the term of the contract against a firearm entity or firearm trade association. The signatory
executing this Agreement on behalf of Consultant verifies consultant does not have a practice,
policy, guidance, or directive that discriminates against a firearm entity or firearm trade
association, and it will not discriminate during the term of this Agreement against a firearm entity
or firearm trade association.
Exhibit "A"
CITY OF ROUND ROCK PURCHASING DEFINITIONS, STANDARD TERMS AND CONDITIONS
Page 5 of 17 Dated: November 2021
15.4 In accordance with Chapter 2274, Texas Government Code, a governmental entity may not enter
into a contract with a company with at least ten (10) full-time employees for a value of at least One
Hundred Thousand and No/100 Dollars ($100,000.00) unless the contract has provision in the
contract verifying that it: (1) does not boycott energy companies; and (2) will not boycott energy
companies during the term of this Agreement. The signatory executing this Agreement on behalf
of Consultant verifies consultant does not boycott energy companies, and it will not boycott energy
companies during the term of this Agreement.
16. CONFIDENTIAL CITY INFORMATION: In order to provide the deliverables to the City, Vendor may
require access to certain records of the City’s and/or its licensors’ confidential information (including
inventions, employee information, trade secrets, confidential know-how, confidential business
information, and other information which the City or its licensors consider confidential) (collectively,
“Confidential Information”). Vendor acknowledges and agrees that the Confidential Information is the
valuable property of the City and/or its licensors and any unauthorized use, disclosure, dissemination,
or other release of the Confidential Information shall substantially injure the City and/or its licensors.
The Vendor (including its employees, subcontractors, agents, or representatives) agrees that it shall
maintain the Confidential Information in strict confidence and shall not disclose, disseminate, copy,
divulge, recreate, or otherwise use the Confidential Information without the prior written consent of the
City or in a manner not expressly permitted under this Agreement, unless the Confidential Information
is required to be disclosed by law or an order of any court or other governmental authority with proper
jurisdiction, provided the Vendor promptly notifies the City before disclosing such information so as to
permit the City reasonable time to seek an appropriate protective order. The Vendor agrees to use
protective measures no less stringent than the Vendor uses within its own business to protect its own
most valuable information which protective measures shall under all circumstances be at least
reasonable measures to ensure the continued confidentiality of the Confidential Information.
17. CONFIDENTIALITY OF CONTENT: 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.
17.1. 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.
17.2. 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.
18. CONFLICT OF INTEREST: Effective January 1, 2006, Chapter 176 of the Texas Local Government
Code (House Bill 914) requires that any vendor or person considering doing business with a local
government entity disclose the vendor or person's affiliation or business relationship that might cause
a conflict of interest with a local government entity. The Conflict- of- Interest Questionnaire form is
available from the Texas Ethics Commission at www.ethics.state.tx.us. Completed Conflict- of-
Interest Questionnaires may be mailed or delivered by hand to the City Clerk. If mailing a
completed form, please mail to:
City of Round Rock
ATTN City Clerk
221 East Main Street
Round Rock, Texas 78664
Any attempt to intentionally or unintentionally conceal or obfuscate a conflict of interest may
automatically result in the disqualification of the vendor's offer.
Exhibit "A"
CITY OF ROUND ROCK PURCHASING DEFINITIONS, STANDARD TERMS AND CONDITIONS
Page 6 of 17 Dated: November 2021
19. DAMAGE: The Vendor shall be responsible for damage to the City’s equipment or property, the
workplace and its contents by its work, negligence in work, its personnel and equipment. The Vendor
shall be responsible and liable for the safety; injury and health of its working personnel while its
employees are performing service work.
20. DEFAULT: The Vendor shall be in default under the agreement if the Vendor:
20.1. Fails to fully, timely, and faithfully perform any of its material obligations under the agreement,
20.2. Becomes insolvent or seeks relief under the bankruptcy laws of the United States or
20.3. Makes a material misrepresentation in Vendor’s offer, or in any report or deliverable required to
be submitted by the Vendor to the City.
21. DELIVERY: No substitutions or cancellations will be permitted without written approval of the City.
21.1. If delay is foreseen, Vendor shall give written notice to the City. The City has the right to extend
delivery or service date or cancel the order or agreement. Vendor shall keep the City advised
at all times of the status of the order. Default in promised delivery, service, or failure to meet
specifications, authorizes the City to purchase goods or services elsewhere and charge the full
increase, if any, in cost and handling to defaulting vendor. Default on delivery may result in legal
action and recourse.
21.2. Delivery shall be made between 8 AM and 4 PM Monday through Friday except on regularly
observed state or federal holidays, unless prior approval has been obtained from the City or
otherwise stated in the solicitation.
21.3. All deliverables shall be delivered at the delivery point specified. If goods are incorrectly
delivered, Vendor shall be held responsible for any additional expense incurred in delivering them
to their correct destination.
21.4. Receipt of deliverables does not constitute acceptance.
22. DELAYS:
22.1. The City may delay scheduled delivery or other due dates by written notice to the Vendor if the
City deems it is in its best interest. If such delay causes an increase in the cost of the work under
the Agreement, the City and the Vendor shall negotiate an equitable adjustment for costs incurred
by the Vendor in the Agreement price and execute an amendment to the Agreement. The Vendor
shall assert its right to an adjustment within thirty (30) calendar days from the date of receipt of
the notice of delay. Failure to agree on any adjusted price shall be handled under the Dispute
Resolution process. However, nothing in this provision shall excuse the Vendor from delaying
the delivery as notified.
22.2. Neither party shall be liable for any default or delay in the performance of its obligations under
this Agreement if, while and to the extent such default or delay is caused by acts of God,
pandemic, epidemic, quarantine restriction, fire, riots, civil commotion, labor disruptions,
sabotage, sovereign conduct, or any other cause beyond reasonable control. In the event of
default or delay in agreement performance due to any of the foregoing causes, then the time for
completion of the services will be extended; provided, however in such an event a conference will
be held to establish a mutually agreeable period of time reasonably necessary to overcome the
effect of such failure to perform.
23. DELIVERY TERMS AND TRANSPORTATION CHARGES: Deliverables shall be shipped Freight On
Board (FOB) Destination, freight prepaid and allowed unless otherwise specified on the purchase order
or in the solicitation. The Vendor’s price shall be deemed to include all delivery and transportation
charges. The City shall have the right to designate what method of transportation shall be used to ship
the deliverables. The place of delivery shall be that set forth in the block of the purchase order entitled
"Ship To".
24. DISCLOSURE OF LITIGATION: Each Respondent shall include in its proposal a complete disclosure
of any civil or criminal litigation or investigation pending which involves the Respondent or in which the
Respondent has been judged guilty.
Exhibit "A"
CITY OF ROUND ROCK PURCHASING DEFINITIONS, STANDARD TERMS AND CONDITIONS
Page 7 of 17 Dated: November 2021
25. DISPUTE RESOLUTION: If a dispute or claim arises under an Agreement, the parties agree to resolve
the dispute or claim by appropriate internal means. If the parties cannot reach a mutually satisfactory
resolution, any such dispute or claim will be sought to be resolved with the help of a mutually selected
mediator. If the parties cannot agree on a mediator, City and Vendor shall each select a mediator and
the two mediators shall agree upon a third mediator. Any costs and fees, other than attorney fees,
associated with the mediation shall be shared equally by the parties.
City and Vendor hereby expressly agree that no claims or disputes between the parties arising out of
or relating to the 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.
26. EFFECTIVE DATE/TERM: Unless otherwise specified in the Solicitation, this Agreement shall be
effective as of the date the agreement is signed by both parties and shall continue in effect until all
obligations are performed in accordance with the Agreement.
27. EX PARTE COMMUNICATION: Please note that to ensure the fair evaluation of a solicitation, the City
prohibits ex parte communication (e.g., unsolicited) initiated by the Respondent to a City representative
evaluating or considering the solicitations prior to the time a decision has been made.
Communication between Respondent and the City will be initiated by the appropriate City designee in
order to obtain information or clarification needed to develop an accurate evaluation of the solicitation.
Ex parte communication may be grounds for disqualifying the offending Respondent from consideration
for award.
28. EXCEPTIONS: Any variation from this specification shall be indicated on the solicitation or on a
separate attachment to the solicitation. The sheet shall be labeled as such.
29. FRAUD: Fraudulent statements by a Respondent on a submittal or in any report or deliverable required
to be submitted by the Respondent to the City shall be grounds for the termination of the Agreement for
cause by the City and may result in legal action.
30. GOODS: The products furnished under said specification shall be the latest improved model in current
production, as offered to commercial trade, and shall be of quality workmanship and material. The
Vendor represents that all equipment offered under said specification shall be new. USED,
SHOPWORN, DEMONSTRATOR, PROTOTYPE, OR DISCONTINUED MODELS ARE NOT
ACCEPTABLE.
31. GOVERNING LAW AND VENUE: The Agreement is made under and shall be governed by the laws
of the State of Texas, including, when applicable, the Uniform Commercial Code as adopted in Texas,
V.T.C.A., Bus. & Comm. Code, Chapter 1, excluding any rule or principle that would refer to and apply
the substantive law of another state or jurisdiction. All issues arising from this Agreement shall be
resolved in the courts of Williamson County, Texas and the parties agree to submit to the exclusive
personal jurisdiction of such courts. The foregoing, however, shall not be construed or interpreted to
limit or restrict the right or ability of the City to seek and secure injunctive relief from any competent
authority as contemplated herein.
32. INDEMNITY: Vendor shall indemnify, save harmless and defend the City, its officers, agents, servants,
and employees from and against any and all suits, actions, legal proceedings, claims, demands,
damages, costs, expenses, reasonable attorney’s fees and any and all other costs or fees incident to
the performance of the resulting agreement and arising out of a willful or negligent act or omission of
the Vendor, its officers, agents, servants and employees. Vendor’s obligation to indemnify the City shall
not extend to any loss or damage of any kind or nature, including death or injury resulting therefrom,
caused by the negligence of the City or anyone for whose acts the City may be liable at law. Neither
party shall be liable for any consequential damages, including loss of use of lost profits.
33. INDEPENDENT CONTRACTOR: An Agreement with the City shall not be construed as creating an
employer/employee relationship, a partnership, or a joint venture. The Vendor’s services shall be
those of an independent contractor. The Vendor agrees and understands that an Agreement with the
City does not grant any rights or privileges established for employees of the City. The Contractor
shall not be within protection or coverage of the City’s Worker’ Compensation insurance, Health
Exhibit "A"
CITY OF ROUND ROCK PURCHASING DEFINITIONS, STANDARD TERMS AND CONDITIONS
Page 8 of 17 Dated: November 2021
Insurance, Liability Insurance or any other insurance that the City from time to time may have in force
and effect.
34. INSURANCE: The Vendor shall meet or exceed ALL insurance requirements set forth by the City as
identified in
https://www.roundrocktexas.gov/wp-content/uploads/2014/11/CORR-Insurance-07.2011.pdf. Any
additional insurance requirements of participating or cooperative parties will be included as
subsequent Attachments and shall require mandatory compliance.
35. INTERLOCAL COOPERATIVE CONTRACTING (PIGGYBACK): Other governmental entities may be
extended the opportunity to purchase from the City’s Agreements, with the consent and agreement of
the awarded vendor(s) and the City. Such consent and agreement shall be conclusively inferred from
lack of exception to this clause in a Respondent’s submittal. However, all parties indicate their
understanding and 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.
36. INTERPRETATION: An Agreement is intended by the parties as a final, complete, and exclusive
statement of the terms of their agreement. No course of prior dealing between the parties or course
of performance or usage of the trade shall be relevant to supplement or explain any term used in an
Agreement. Although an Agreement may have been substantially drafted by one party, it is the intent of
the parties that all provisions be construed in a manner to be fair to both parties, reading no provisions
more strictly against one party or the other. Whenever a term defined by the Uniform Commercial Code,
as enacted by the State of Texas, is used in an Agreement, the UCC definition shall control, unless
otherwise defined in an Agreement.
37. INVOICING:
37.1. The Vendor shall submit separate invoices in duplicate for each purchase order or Agreement.
If partial shipments or deliveries are authorized by the City, a separate invoice shall be sent for
each shipment or delivery made. Vendor shall submit invoices as required per the Agreement or
purchase order to:
City of Round Rock
ATTN: Accounts Payable
221 East Main Street
Round Rock, TX 78664-5299
37.2. Proper invoices shall include a unique invoice number, the purchase order or agreement
reference if applicable, the Department’s Name, and the name of the point of contact for
the Department. Invoices shall be itemized and transportation charges, if any, shall be listed
separately. A copy of the bill of lading and the freight waybill, when applicable, shall be
attached to the invoice. The Vendor’s name and, if applicable, the tax identification number on
the invoice must exactly match the information in the Vendor’s registration with the City. Unless
otherwise instructed in writing, the City may rely on the remittance address specified on the
Vendor’s invoice.
37.3. Invoices for labor shall include a copy of all timesheets with trade labor rate and clearly identified.
Invoices shall also include a tabulation of work hours at the appropriate rates. Time billed for labor
shall be limited to hours actually worked at the work site.
37.4. Invoicing for an Agreement containing a phased payment structure shall be submitted and based
on the agreed upon schedule of events and deliverables with all supporting documentation for
review and approval by the City.
38. LABOR: The Vendor shall provide all labor and goods necessary to perform the service. The Vendor
shall employ all personnel for work in accordance with the requirements set forth by the United States
Department of Labor.
39. LIABILITY: A Vendor performing services pursuant to an Agreement or purchase order
shall be liable for all damages incurred by Vendor while in performance of such services.
Vendor assumes full responsibility for the work to be performed hereunder and hereby releases,
relinquishes, and discharges the City, its officers, agents, and employees, from all claims, demands,
and causes of action of every kind and character including the cost of defense thereof, for any injury
to, including death of, any person whether that person be a third person, supplier, or an employee of
Exhibit "A"
CITY OF ROUND ROCK PURCHASING DEFINITIONS, STANDARD TERMS AND CONDITIONS
Page 9 of 17 Dated: November 2021
either of the parties hereto, and any loss of or damage to property, caused by or alleged to be
caused by, arising out of or in connection with the negligent performance of Vendor, whether
or not said claims, demands and causes of action in whole or in part are covered by
insurance. The City’s insurance requirements apply set forth by the City as identified in
https://www.roundrocktexas.gov/wp-content/uploads/2014/11/CORR-Insurance- 07.2011.pdf
40. LIENS: Vendor agrees to and shall indemnify and hold harmless the City against any and all liens
and encumbrances for all labor, goods and services which may be provided under the resulting
agreement. At the City’s request, the Vendor or subcontractors shall provide a proper release of all
liens or satisfactory evidence of freedom from liens shall be delivered to the City.
41. SAFETY DATA SHEETS: Under the "Hazardous Communication Act", commonly known as the "Texas
Right To Know Act", a Vendor shall provide to the City with each delivery, safety data sheets, which are
applicable to hazardous substances, defined in the Act.
42. NO CONTINGENT FEES: The Vendor warrants that they have not employed or retained any
company or person other than a bona fide employee working solely for the Vendor to solicit or secure
the agreement, and that they have not paid or agreed to pay any company or person other than a
bona fide employee working solely for the Vendor any fee, commission, percentage, brokerage fee,
gift or other consideration contingent upon or resulting from the award or making of the agreement.
For breach or violation of their warranty, the City will have the right to annul the agreement without
liability or, in its discretion, to deduct from the agreement, price or consideration, or otherwise recover
the full amount of such fee, commission, percentage, brokerage or contingent fee.
43. NO WARRANTY BY CITY AGAINST INFRINGEMENTS: The Vendor represents and warrants to the
City that: (i) the Vendor shall provide the City good and indefeasible title to the deliverables and
(ii) the deliverables supplied by the Vendor in accordance with the specifications in the Agreement will
not infringe, directly or contributory, any patent, trademark, copyright, trade secret, or any other
intellectual property right of any kind of any third party; that no claims have been made by any person
or entity with respect to the ownership or operation of the deliverables and the Vendor does not know
of any valid basis for any such claims. The Vendor shall, at its sole expense, defend, indemnify, and
hold the City harmless from and against all liability, damages, and costs (including court costs and
reasonable fees of attorneys and other professionals) arising out of or resulting from: (i) any claim
that the City’s exercise anywhere in the world of the rights associated with the City’s’ ownership, and if
applicable, license rights, and its use of the deliverables infringes the intellectual property rights of any
third party; or (ii) the Vendor’s breach of any of Vendor’s representations or warranties stated in this
Agreement. In the event of any such claim, the City shall have the right to monitor such claim or at its
option engage its own separate counsel to act as co-counsel on the City’s behalf. Further, Vendor
agrees that the City’s specifications regarding the deliverables shall in no way diminish Vendor’s
warranties or obligations under this paragraph and the City makes no warranty that the production,
development, or delivery of such deliverables will not impact such warranties of Vendor.
44. NON-APPROPRIATION: The resulting Agreement is a commitment of the City’s current revenues only.
It is understood and agreed the City shall have the right to terminate the Agreement at the end of any
City fiscal year if the governing body of the City does not appropriate funds sufficient to purchase the
estimated yearly quantities, as determined by the City’s budget for the fiscal year in question. The City
may affect such termination by giving Vendor a written notice of termination at the end of its then current
fiscal year.
45. SUSPENSION OR DEBARMENT CERTIFICATION: The provisions of the Code of Federal
Regulations 2 CFR part 180 suspension and debarment may apply to this agreement. The City of
Round Rock is prohibited from contracting with or making prime or sub-awards to parties that are
suspended or debarred or whose principals are suspended or debarred from doing business with the
Federal Government, State of Texas, or the City of Round Rock.
46. OVERCHARGES: Vendor hereby assigns to the purchaser any and all claims for overcharges
associated with this agreement which arise under the antitrust laws of the United States, 15 USGA
Section 1 et seq., and which arise under the antitrust laws of the State of Texas, Bus. and Com. code,
Section 15.01, et seq.
Exhibit "A"
CITY OF ROUND ROCK PURCHASING DEFINITIONS, STANDARD TERMS AND CONDITIONS
Page 10 of 17 Dated: November 2021
47. PROMPT PAYMENT POLICY: Payments will be made in accordance with the Texas Prompt
Payment Law, Texas Government Code, Subtitle F, Chapter 2251. The City will pay Vendor within
thirty (30) days after the acceptance of the supplies, materials, equipment, or the day on
which the performance of services was completed or the day, on which the City receives a correct
invoice for the supplies, materials, equipment, or services, whichever is later. The Vendor may charge
a late fee (fee shall not be greater than that which is permitted by Texas law) for payments not made
in accordance with this prompt payment policy; however, this policy does not apply to payments
made by the City in the event:
47.1. There is a bona fide dispute between the City and Vendor concerning the supplies, materials,
services, or equipment delivered, or the services performed that causes the payment to be late;
or
47.2. The terms of a federal agreement, grant, regulation, or statute prevent the City from making a
timely payment with Federal Funds; or
47.3. The is a bona fide dispute between the Vendor and a subcontractor or between a subcontractor
and its suppliers concerning supplies, material, or equipment delivered or the services performed
which caused the payment to be late; or
47.4. The invoice is not mailed to the City in strict accordance with instructions, if any, on the purchase
order or agreement or other such contractual agreement.
48. PLACE AND CONDITION OF WORK: ( apply only to a Solicitation to purchase Services to be
performed principally at the City’s premises or on public rights-of-way) The City will provide the
Vendor access to the sites where the Vendor is to perform the services as required in order for the
Vendor to perform in a timely and efficient manner, in accordance with and subject to the applicable
security laws, rules, and regulations. The Vendor acknowledges that it has satisfied itself as to the
nature of the City’s service requirements and specifications, the location, and essential characteristics
of the work sites, the quality and quantity of materials, equipment, labor, and facilities necessary to
perform the services, and any other condition or state of fact which could in any way affect
performance of the Vendor’s obligations under the agreement. The Vendor hereby releases and
holds the City harmless from and against any liability or claim for damages of any kind or nature if the
actual site or service conditions differ from expected conditions.
49. PREPARATION OF RESPONSE COSTS: All costs directly or indirectly related to preparation of a
response to this solicitation, or any oral presentation required to supplement and/or clarify a proposal
which may be required by the City shall be the sole responsibility of the Respondent.
50. RIGHT OF INSPECTION AND REJECTION: The City expressly reserves all rights under law, including,
but not limited to the Uniform Commercial Code, to inspect the deliverables at delivery or at a reasonable
time subsequent to delivery and to reject defective or non-conforming deliverables. If the City has the
right to inspect the Vendor’s, or the Vendor’s Subcontractor’s, facilities, or the deliverables at the
Vendor’s, or the Vendor’s Subcontractor’s, premises, the Vendor shall furnish, or cause to be furnished,
without additional charge, all reasonable facilities and assistance to the City to facilitate such inspection.
51. RIGHT TO AUDIT:
51.1. The Vendor agrees that the representatives of the Office of the City Auditor or other authorized
representatives of the City shall have access to, and the rights to audit, examine, or reproduce,
any and all records of the Vendor related to the performance under this Agreement. The Vendor
shall retain all such records for a period of three (3) years after final payment on this Agreement
or until all audit and litigation matters that the City has brought to the attention of the Vendor are
resolved, whichever is longer. The Vendor agrees to refund to the City any overpayments
disclosed by any such audit.
51.2. The Vendor shall include section 49.1 above in all subcontractor agreements entered into in
connection with this Agreement.
Exhibit "A"
CITY OF ROUND ROCK PURCHASING DEFINITIONS, STANDARD TERMS AND CONDITIONS
Page 11 of 17 Dated: November 2021
52. SERVICE: Vendor shall have service and maintenance available to the City and shall be able to
respond to a request for service as specified.
52.1. Consistent failure by the vendor to respond to service calls within the allowed response time may
place the vendor in default and subject to cancellation of the purchase order and/or agreement.
Consistent failure is defined as not responding within the allowed response time at any or all
locations on two (2) out of three (3) consecutive occurrences.
52.2. Service technicians shall be fully qualified to work on the listed equipment and employed by the
vendor on the effective date of the agreement. Vendor shall be able to verify that service
personnel have had training with a minimum of one year of "hands on" experience working on the
listed equipment.
53. SHIPMENT UNDER RESERVATION PROHIBITED: The Vendor is not authorized to ship the
deliverables under reservation and no tender of a bill of lading will operate as a tender of deliverables.
54. STOP WORK NOTICE: The City may issue an immediate Stop Work Notice in the event the Vendor
is observed performing in a manner that is in violation of Federal, State, or local guidelines, or in a
manner that is determined by the City to be unsafe to either life or property. Upon notification, the
Vendor shall cease all work until notified by the City that the violation or unsafe condition has been
corrected. The Vendor shall be liable for all costs incurred by the City as a result of the issuance of
such Stop Work Notice.
55. SUBCONTRACTORS: The Vendor shall be fully responsible to the City for all acts and omissions of
the Subcontractors just as the Vendor is responsible for the Vendor’s own acts and omissions. The
Vendor shall:
55.1. require that all deliverables to be provided by the Subcontractor be provided in strict accordance
with the provisions, specifications, and terms of the Agreement.
55.2. require that all Subcontractors obtain and maintain, throughout the term of their agreement,
primary insurance in the type and amounts specified for the Vendor, with the City being named
as an additional insured; and
55.3. require that the Subcontractor indemnify and hold the City harmless to the same extent as the
Contractor is required to indemnify the City.
56. SURVIVABILITY OF OBLIGATIONS: All provisions of the Agreement that impose continuing
obligations on the parties, including but not limited to the warranty, indemnity, and confidentiality
obligations of the parties, shall survive the expiration or termination of the Agreement.
57. TAX EXEMPTION: The City of Round Rock is exempt from all federal excise, state and local taxes
unless otherwise stated in this document. The City claims exemption from all sales and/or use taxes
under Texas Tax Code §151.309, as amended. Texas Limited Sales Tax Exemption Certificates will be
furnished upon request. Vendors shall not charge for said taxes. If billed, City will not remit payment
until invoice is corrected.
58. TERMINATION FOR CAUSE: In the event of a default by the Vendor, the City shall have the right to
terminate the Agreement for cause, by written notice effective ten (10) calendar days, unless otherwise
specified, after the date of such notice, unless the Vendor, within such ten (10) day period, cures such
default, or provides evidence sufficient to prove to the City’s reasonable satisfaction that such default
does not, in fact, exist. In addition to any other remedy available under law or in equity, the City shall be
entitled to recover all actual damages, costs, losses, and expenses, incurred by the City as a result of
the Vendor’s default, including, without limitation, solicitation cost, reasonable attorneys’ fees, court
costs, and prejudgment and post-judgment interest at the maximum lawful rate. Additionally, in the event
of a default by the Vendor, the City may remove the Vendor from the City’s vendor list for three (3) years
and any Offer submitted by the Vendor may be disqualified for up to three (3) years. All rights and
remedies under the Agreement are cumulative and are not exclusive of any other right or remedy
provided by law.
Exhibit "A"
Page 12 of
DATED: JULY 2011
59. TERMINATION WITHOUT CAUSE: Either party shall have the right to terminate the
Agreement, in whole or in part, without cause and for convenience any time upon thirty (30)
calendar days’ prior written notice. Upon receipt of a notice of termination, the Vendor shall
promptly cease all further work pursuant to the Agreement, with such exceptions, if any, specified
in the notice of termination. The City shall pay the Vendor, to the extent of funds Appropriated or
otherwise legally available for such purposes, for all goods delivered and services performed, and
obligations incurred prior to the date of termination in accordance with the terms.
60. TITLE & RISK OF LOSS: Title to and risk of loss of the deliverables shall pass to the City only
when the City actually receives and accepts the deliverables (no delivery no sale).
61. VENDOR’S OBLIGATIONS: The Vendor shall fully and timely provide all deliverables
described in the Solicitation or Purchase Order and in the Vendor’s response in strict
accordance with the terms, covenants, and conditions of the Agreement and all applicable
Federal, State, and local laws, rules, and regulations.
62. VENUE: Both the City and the Vendor agree that venue for any litigation arising from a
resulting agreement shall lie in Williamson County, Texas.
63. WARRANTY-PRICE: The agreement price shall be firm for an initial 12-month term of the
agreement. No separate line-item charges shall be permitted for either response or invoice
purposes, which shall include equipment rental, demurrage, , delivery charges, and cost
associated with obtaining permits or any other extraneous charges. Vendor further certifies
that the prices in the Offer have been arrived at independently without consultation,
communication, or agreement for the purpose of restricting competition, as to any matter
relating to such fees with any other firm or with any competitor.
64. WARRANTY: The goods specified shall be warranted against defects in material and
workmanship for a period of twelve (12) months beginning with the date of acceptance. If the
manufacturer's standard warranty exceeds twelve (12) months, then the manufacturer's standard
warranty shall be in effect. The successful bidder shall furnish a copy of the manufacturer's
warranty at time of delivery.
65. WORKFORCE: ( apply only to a Solicitation to purchase Services to be performed
principally at the City’s premises or on public rights-of-way)
65.1. The Vendor shall employ only orderly and competent workers, skilled in the performance of
the services which they shall perform under the Agreement.
65.2. The Vendor, its employees, subcontractors, and subcontractor's employees while engaged
in participating in an Agreement or Purchase Order or while in the course and scope of
delivering goods or services under a City agreement may not:
65.2.1. use or possess a firearm, including a concealed handgun that is licensed under
state law, except as required by the terms of the agreement; or
65.2.2. use or possess alcoholic or other intoxicating beverages, illegal drugs, or controlled
substances, nor may such workers be intoxicated, or under the influence of alcohol
or controlled substances, on the job.
65.3. If the City or the City's representative notifies the Vendor that any worker proves to be
disorderly, disobedient, or incompetent, has knowingly or repeatedly violated safety
regulations, has possessed any firearms, or has possessed or was under the influence
of alcohol or controlled substances on the job, the Vendor shall immediately remove such
worker from Agreement services, and may not employ such worker again on Agreement
services without the City's prior written consent.
66. ENVIRONMENTAL PROVISIONS and DEFINITIONS: In addition to the other terms and conditions
contained in the Agreement, when the Services involve the transportation and disposal of hazardous
waste, the following environmental provisions shall also apply:
Exhibit "A"
Page 13 of
DATED: JULY 2011
A. DEFINITIONS The following terms used in this Agreement shall have the meanings set forth
below:
i. "Profile Sheet" means a Waste Profile Sheet executed by CITY.
ii. "Services" means analytical, collection, management, treatment, remediation, transportation,
disposal and recycling services and such other services which VENDOR may perform from time
to time with respect to CITY’s waste materials.
iii. “Waste Materials” shall mean any chemical, substance or material designated or regulated as
a “hazardous material,” “hazardous waste,” “toxic substance” or any similar designation (including
petroleum products) by any national, federal, state, provincial, or local government (including any
agency, authority, department, instrumentality or other subdivision of the foregoing) having or
asserting environmental regulatory jurisdiction with respect to the substance or material generated
as defined in 40 CFR 260.10.
iv. “Universal Wastes” means those wastes defined in 40 CFR §273.9.
v. “Facility" means a storage, treatment and/or disposal facility owned or audited and approved by
VENDOR, and which is permitted to accept waste materials under applicable laws and
regulations.
B. CITY warrants that the Waste Materials in the Profile Sheet will contain a true and correct
description of CITY’s Waste Material and that such Waste Material will conform to this description. If
CITY's Waste Materials do not conform to the descriptions and specifications stated in the corresponding
Profile Sheet, VENDOR and CITY shall, in good faith, attempt to amend the Profile Sheet and any other
pertinent documents and/or correct any improper containerization, marking or labeling to enable VENDOR
to accept such non-conforming Waste Materials at a disposal Facility. If the parties cannot, within a
reasonable time after VENDOR notifies CITY the Waste Materials are non-conforming, resolve the same
as set forth above, CITY shall make prompt arrangements for the removal of such non-conforming Waste
Materials from the Facility at which they are located to another lawful place of storage or disposal. CITY
agrees to pay VENDOR its reasonable expenses and charges incurred with respect to CITY's non-
conforming Waste Materials. In the event VENDOR performs services on premises owned or controlled
by CITY, CITY will provide VENDOR with a safe workplace, and if VENDOR requests that work areas be
secured, CITY will be solely responsible for securing such work areas and for preventing anyone other
than the designated personnel from entering the designated work areas.
In the event that Universal Wastes are managed under the Agreement, CITY must provide an
accurate piece count for each of the items being shipped to the VENDOR (lamps, bulbs, monitors, etc.).
In the absence of the piece count on shipping documents, the piece count made by VENDOR at the
receiving Facility shall be conclusive and final.
C. With respect to any CITY Waste Materials being shipped to a third party facility for disposal,
and notwithstanding anything to the contrary in this Agreement, VENDOR’s aggregate liability arising out
of services provided hereunder, other than transportation services provided by VENDOR or storage,
treatment and/or disposal services provided by VENDOR at VENDOR’s locations, shall not exceed the
greater of the aggregate fees paid in any calendar year hereunder or one million dollars ($ 1,000,000).
Exhibit "A"
Page 14 of
DATED: JULY 2011
City of Round Rock Insurance Requirements
1. INSURANCE: The Vendor shall procure and maintain at its sole cost and expense for the
duration of the agreement or purchase order resulting from a response to the
Solicitation/Specification, insurance against claims for injuries to persons or damages to property
which may arise from or in connection with the performance of the work as a result of the
solicitation by the successful respondent, its agents, representatives, volunteers, employees or
subcontractors.
1.1. Certificates of Insurance and endorsements shall be furnished to the City and approved by
the
City before work commences.
1.2. The following standard insurance policies shall be required:
1.2.1. General Liability Policy
1.2.2. Automobile Liability Policy
1.2.3. Worker’s Compensation Policy
1.3. The following general requirements are applicable to all policies:
1.3.1. Only insurance companies licensed and admitted to do business in the State of
Texas shall be accepted.
1.3.2. Deductibles shall be listed on the Certificate of Insurance and are acceptable only
on a per occurrence basis for property damage only.
1.3.3. Claims made policies shall not be accepted, except for Professional Liability
Insurance.
1.3.4. Deleted.
1.3.5. Policies shall include, but not be limited to, the following minimum limits:
1.3.5.1. Minimum Bodily Injury Limits of $300,000.00 per
occurrence.
1.3.5.2. Property Damage Insurance with minimum limits of $50,000.00 for
each occurrence.
1.3.5.3. Automobile Liability Insurance for all owned, non-owned, and hired
vehicles with minimum limits for Bodily Injury of $100,000.00 each
person, and
$300,000.00 for each occurrence, and Property Damage Minimum limits of
$50,000.00 for each occurrence.
1.3.5.4. Statutory Worker’s Compensation Insurance and minimum $100,000.00
Employers Liability Insurance.
1.3.6. Coverage shall be maintained for two (2) years minimum after the termination of
the Agreement.
1.4. Deleted.
1.5. Vendor agrees that with respect to the required insurance, all insurance contracts and
certificate(s) of insurance will contain and state, in writing, on the certificate or its
attachment, the following provisions:
1.5.1. Provide for an additional insurance endorsement clause declaring the Vendor’s
Exhibit "A"
Page 15 of
DATED: JULY 2011
insurance as primary.
1.5.2. Name the City and its officers, employees, and elected officials as additional
insured’s, (as the interest of each insured may appear) as to all applicable
coverage.
1.5.3. Provide thirty (30) days’ notice to the City of cancellation, non-renewal, or
material changes.
1.5.4. Remove all language on the certificate of insurance indicating:
1.5.4.1. That the insurance company or agent/broker shall endeavor to notify the
City; and,
1.5.4.2. Failure to do so shall impose no obligation of liability of any kind upon
the company, its agents, or representatives.
1.5.5. Provide for notice to the City at the addresses listed below by registered mail:
1.5.6. Vendor agrees to waive subrogation against the City, its officers, employees, and
elected officials for injuries, including death, property damage, or any other loss to
the extent same may be covered by the proceeds of insurance.
1.5.7. Provide that all provisions of the agreement concerning liability, duty, and
standard of care together with the indemnification provision, shall be underwritten
by contractual liability coverage sufficient to include such obligations within
applicable policies.
1.5.8. All copies of the Certificate of Insurance shall reference the project name,
solicitation number or purchase order number for which the insurance is being
supplied.
1.5.9. Vendor shall notify the City in the event of any change in coverage and shall give
such notices not less than thirty days prior notice to the change, which notice shall
be accomplished by a replacement Certificate of Insurance.
1.5.10. All notices shall be mailed to the City at the following addresses:
Assistant City Manager City Attorney
City of Round Rock City of Round Rock
221 East Main 309 East Main
Round Rock, TX 78664-5299 Round Rock, TX 78664
2. WORKERS COMPENSATION INSURANCE
2.1. Texas Labor Code, Section 406.098 requires workers’ compensation insurance coverage
for all persons providing services on building or construction projects for a governmental
entity.
2.1.1. Certificate of coverage (“certificate”) - A copy of a certificate of insurance, a
certificate of authority to self-insure issued by the Texas Workers’ Compensation
Commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or
Exhibit "A"
Page 16 of
DATED: JULY 2011
TWCC-84), showing statutory workers’ compensation insurance coverage for the person’s or entity’s
employees providing services on a project, for the duration of the project.
2.1.2. Duration of the project - includes the time from the beginning of the work on the
project until the CONTRACTOR’S/person’s work on the project has been
completed and accepted by the OWNER.
2.2. Persons providing services on the project (“subcontractor”) in Section 406.096 – includes all
persons or entities performing all or part of the services the CONTRACTOR has undertaken to
perform on the project, regardless of whether that person contracted directly with the
CONTRACTOR and regardless of whether that person has employees. This includes, without
limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-
operators, employees of any such entity, or employees of any entity, which furnishes persons
to provide services on the project. “Services” include, without limitation, providing, hauling, or
delivering equipment or materials, or providing labor, transportation, or other service related to
a project. “Services” does not include activities unrelated to the project, such as
food/beverage vendors, office supply deliveries, and delivery of portable toilets.
2.3. The CONTRACTOR shall provide coverage, based on proper reporting of classification codes
and payroll amounts and filing of any coverage agreements, that meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all employees of the
CONTRACTOR providing services on the project, for the duration of the project.
2.4. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being
awarded the agreement.
2.5. If the coverage period shown on the CONTRACTOR’S current certificate of coverage ends
during the duration of the project, the CONTRACTOR shall, prior to the end of the coverage
period, file a new certificate of coverage with the OWNER showing that coverage has been
extended.
2.6. The CONTRACTOR shall obtain from each person providing services on a project, and provide
to the OWNER:
2.6.1. a certificate of coverage, prior to that person beginning work on the project, so the
OWNER will have on file certificates of coverage showing coverage for all persons
providing services on the project; and
2.6.2. no later than seven (7) calendar days after receipt by the CONTRACTOR, a new
certificate of coverage showing extension of coverage, if the coverage period shown on
the current certificate of coverage ends during the duration of the project.
2.7. The CONTRACTOR shall retain all required certificates of coverage for the duration of the
project and for one (1) year thereafter.
2.8. The CONTRACTOR shall notify the OWNER in writing by certified mail or personal delivery,
within ten (10) calendar days after the CONTRACTOR knew or should have known, or any
change that materially affects the provision of coverage of any person providing services on the
project.
2.9. The CONTRACTOR shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers’ Compensation Commission, informing all persons providing
services on the project that they are required to be covered, and stating how a person may
verify coverage and report lack of coverage.
2.10. The CONTRACTOR shall contractually require each person with whom it contracts to provide
services on a project, to:
2.10.1. provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, that meets the statutory requirements
Exhibit "A"
Page 17 of
DATED: JULY 2011
of Texas Labor Code, Section 401.011(44) for all its employees providing services on the project,
for the duration of the project;
2.10.2. provide to the CONTRACTOR, prior to that person beginning work on the project, a
certificate of coverage showing that coverage is being provided for all employees of the
person providing services on a project, for the duration of the project;
2.10.3. provide the CONTRACTOR, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
2.10.3.1. obtain from each other person with whom it contracts, and provide to the
CONTRACTOR:
2.10.3.1.1. a certificate of coverage, prior to the other person beginning work on the
project; and
2.10.3.1.2. a new certificate of coverage showing extension of coverage, prior to the
end of the coverage period, if the coverage period shown on the current
certificate of coverage ends during the duration of the project
2.10.3.2. retain all required certificates of coverage on file for the duration of the
project and for one (1) year thereafter;
2.10.3.3. notify the OWNER in writing by certified mail or personal delivery, within ten
(10) calendar days after the person knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on the
project; and
2.10.3.4. contractually require each person with whom it contracts, to perform as required
by paragraphs (2.1 thru 2.7), with the certificates of coverage to be provided to
the person for whom they are providing services.
2.10.3.5. By signing the solicitation associated with the specification, or providing, or causing
to be provided a certificate of coverage, the Contractor is representing to the
Owner that all employees of the Contractor who will provide services on the project
will be covered by workers’ compensation coverage for the duration of the project,
that the coverage will be based on proper reporting of classification codes and
payroll amounts, and that all coverage agreements will be filed with the appropriate
insurance carrier or, in the case of a self-insured, with the Commission’s Division of
Self-Insurance Regulation. Providing false or misleading information may subject
the Contractor to administrative penalties, criminal penalties, civil penalties, or
other civil actions.
2.10.3.6. The Contractor’s failure to comply with any of these provisions is a breach of
contract by the Contractor that entitles the Owner to declare the agreement void if
the Contractor does not remedy the breach within ten (10) calendar days after
receipt of notice of breach from the owner
*****
Exhibit "A"