CM-06-09-176ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY
Mayor
Nyle Maxwell
Mayor Pro -tem
Alan McGraw
Council Members
Rufus Honeycutt
Joe Clifford
Carlos T. Salinas
Scott Rhode
Ted Williamson
City Manager
James R. Nuse. PE.
September 1, 2006
Central Texas Refuse, Inc.
Attention: Ralph Rocco
Post Office Box 18685
Austin, TX 78760
CM/RRR No. 1Z R53 9A6 22 1000 2829
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Re: "City of Round Rock Agreement for Removal and Disposal of Liquid or Dewatered
Sludge from Water Treatment Plant with Central Texas Refuse, Inc." bearing effective date
of May 25, 2006
Mr. Rocco:
The City of Round Rock acknowledges receipt of correspondence from Central Texas
Refuse, Inc., dated August 14, 2006, that outlines facts which establish that there was a
mutual misunderstanding regarding the attached contract which prevented the parties
from having a meeting of the minds on essential terms.
Central Texas Refuse has, for a number of years, removed and disposed of dewatered sludge
from the City of Round Rock water treatment plant. Previously, the value of such services
fell below the monetary threshold that required the City to bid the services. In 2006,
however, the value of such removal/disposal services approached that level; therefore, the
City composed specifications and went out for bids. Upon bid review, CTR was the
best value bidder and was awarded a contract.
Soon after execution of the contract, it was discovered that CTR had mistakenly assumed
that the bid specifications tracked the previous course of conduct. However, the City had
made changes which added certain obligations. The parties acknowledge that the
wording of some of those obligations could result in more than one reasonable reading and
interpretation. CTR has stated that it made its bid based upon an understanding of those
requirements that differs from the meaning intended by the City.
Therefore, the parties agree that there was a mutual misunderstanding and that they did
not have the requisite meeting of the minds on substantive terms to form a valid
contract. The parties mutually state that the attached contract was, therefore, never in
force and effect.
Sincerely,
es R. Nuse, P.E.
Manager
City Attorney 00I03763/jkg
Stephan L Sheets
CITY OF ROUND ROCK 221 East Main Street • Round Rock, Texas 78664
Phone: 702.218.5400 • Fax: 512.218.7o28 • www.ci.round-rock.tx.us
ACKNOWLEDGMENT OF ACCEPTANCE
On behalf of Central Texas Refuse, Inc., the undersigned hereby acknowledges acceptance of
the facts and conclusions recited herein.
Ralph Rocco, General Manager
Central Texas Refuse_I
Date Signed: 7v/ b t
On behalf of the City of Round Rock, Texas, the undersigned hereby acknowledges
acceptance of the facts and conclusions recited herein.
Enclosures
cc: Steve Sheets
Ric Bowden
Randy Barker
Howard Baker
R. Nuse, City Manager
f Round Roc,k,�e�Ca^� n
Date Signed: 1(� 1900(
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COMMERCIAL & INDUSTRIAL TRASH REMOVAL
P.O. BOX 18685 AUSTIN, TEXAS 78760-8685
www.centraltexasref ise.com
(512) 243-2833 (800) 664-2833
Mr. Randy Barker
City of Round Rock
221 East Main Street
Round Rock. Texas 78664
RE: Water treatment sludge. Bid # 06-005
Dear Mr_ Barker,
Central Texas Refuse hid and was awarded the sludge hauling for Bid # 06-005. l find the
conditions of the contract very difficult to honor. The reason being is the lining of the
box. 1 didn't see the verbiage in the bid and it is my error. Unthrtunately, I will have to
default in whole by September 51h, 2006.
l apologize for my error. If The City ever chooses to take the lining clause out of the
contract. C.T.R. will gladly honor the same rates as bid # 06-005.
I am sorry for any inconvenience this has caused.
Sincerely,
Ralph Rocco
General Manager
Central Texas Refuse. Inc.
TOO/TOOtJ 35113321 YS. 1V2LLNID C8ZZCtZZT4 1V.3 OZ:60 900Z/6T/R0
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RESOLUTION NO. R-06-05-25-11112
WHEREAS, the City of Round Rock has duly advertised for bids for
the removal and disposal of liquid or dewatered sludge from the Water
Treatment Plant, and
WHEREAS, Central Texas Refuse, Inc. has submitted the lowest
responsible bid, and
WHEREAS, the City Council wishes to accept the bid of Central
Texas Refuse, Inc., Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City an Agreement for Removal and Disposal of Liquid or
Dewatered Sludge from Water Treatment Plant with Central Texas Refuse,
Inc., a copy of said Agreement being attached hereto as Exhibit "A" and
incorporated herein.
The City Council hereby finds and declares that written notice of
the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to the
public as required by law at all times during which this Resolution and
the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas
Government Code, as amended.
RESOLVED this 25th day of May, 200
ATTRsT:
(1,-/Ifurtihuk.
L , Mayor
City of Ro nd Rock, Texas
CHRISTINE R. MARTINEZ, City Sectary
.4 PPDesktop\_.00NAjwORLDOX/O /wdox/RESOLUTI/R60525H2.WPD/sc
CITY OF ROUND ROCK AGREEMENT
FOR REMOVAL AND DISPOSAL OF LIQUID OR
DEWATERED SLUDGE FROM WATER TREATMENT PLANT WITH
CENTRAL TEXAS REFUSE, INC.
THE STATE OF TEXAS
CITY OF ROUND ROCK
COUNTY OF WILLIAMSON
KNOW ALL BY THESE PRESENTS:
That this Agreement for purchase of services involving the transportation, handling,
removal and disposal of liquid or dewatered sludge from the City of Round Rock water treatment
plant (referred to herein as the "Agreement") is made and entered into on this the o15 day of
the month of , 2006, by and between the CITY OF ROUND ROCK, TEXAS, a
home -rule municipality hose offices are located at 22I East Main Street, Round Rock, Texas
78664 (referred to herein as the "City"), and CENTRAL TEXAS REFUSE, INC., a Texas
corporation whose offices are located at Post Office Box 18685, Austin, Texas 78760 (referred to
herein as the "Vendor"). This Agreement supersedes and replaces any previous agreement
between the named parties, whether oral or written, and whether or not established by custom
and practice.
RECITALS:
WHEREAS, City desires to purchase services from Vendor involving the transportation,
handling, removal and disposal of liquid or dewatered sludge from the City of Round Rock water
treatment; and
WHEREAS, City has issued its "Invitation for Bid" for City to provide said goods and
services, and City has selected the Bid submitted by Vendor; and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights, duties, and obligations;
NOW, THEREFORE:
WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable consideration, the -receipt and sufficiency of which are hereby acknowledged, the parties
mutually agree as follows:
1.01 DEFINITIONS
A. Agreement means the binding Iegal contract between City and Vendor whereby
Vendor is obligated to furnish specified goods, equipment and/or services, and City is obligated
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to pay for said goods, equipment and/or services. The instant Agreement includes the following:
(a) City's Invitation for Bid designated as IFB 06-005, Specification Number 06-968-73 dated
December 2005; (b) Vendor's Response to IFB; (c) the contract award; and (d) any exhibits,
addenda, and/or amendments thereto.
Any inconsistencies or conflicts in the contract documents shall be resolved by giving
preference in the following order:
(I) This Agreement;
(2) Purchaser's Response to IFB;
(3) City's Invitation for Bids, exhibits, and attachments.
B. City means the City of Round Rock, Williamson and Travis Counties, Texas.
C. Effective Date means the date upon which the binding signatures of both parties
to this Agreement are affixed.
D. Force Majeure means acts of God, strikes, lockouts, or other industrial
disturbances, acts of the public enemy, orders of any kind from the government of the United
States or the State of Texas or any civil or military authority, insurrections, riots, epidemics,
landslides, lightning, earthquakes, fires, hurricanes, storms, floods, restraint of the government
and the people, civil disturbances, explosions, or other causes not reasonably within the control
of the party claiming such inability.
E. Goods mean the specified services, supplies, materials, or equipment.
F. Purchase Order means an order placed by the Purchasing Department for the
purchase of goods or services, written on City's standard Purchase Order form, which when
accepted by Vendor becomes an agreement. The Purchase Order is Vendor's authority to deliver
and invoice City for goods or services specified, and is City's commitment to accept the goods or
services for an agreed-upon price.
G. Subcontractor means any person or business enterprise
proving oods,
equipment, labor, and/or services to Vendor if such goods, equipment, labor, and/orservi es are
procured or used in fulfillment of Vendor's obligations arising from an agreement with City.
H. Vendor means Central Texas Refuse, Inc., or any of its successors or assigns.
2.01 EFFECTIVE DATE, DURATION, AND TERM
A. This Agreement shall be effective on the date it has been signed by both parties
hereto, and shall remain in full force and effect unless and until it expires by operation of the
term stated herein, or until terminated or extended as provided herein.
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B. The term of this Agreement shall be for three (3) consecutive twelve (12) month
periods from the effective date. Prices shall be firm for the duration of the terms of this
Agreement, except as otherwise provided for herein. This Agreement may be renewed for two
(2) additional periods not to exceed twelve (12) months for each renewal, only upon the express
written agreement of both parties and only provided Vendor has performed each and every
contractual obligation specified in this Agreement.
C. City reserves the right to review Vendor's performance at any time during the
initial agreement period or any renewal periods, and may elect to terminate this Agreement with
or without cause or may elect to continue.
3.01 CONTRACT DOCUMENTS AND EXHIBITS
City selected Vendor to supply the goods and services as outlined in IFB 06-005,
Specification Number 06-968-73 dated December 2005, and Response to IFB submitted by
Vendor, all as specified in Exhibit "A" attached hereto and made a part hereof for all purposes.
The intent of these documents is to formulate an Agreement listing the responsibilities of both
parties as outlined in the IFB and as offered by Vendor in its Response to the IFB.
The goods and services which are the subject matter of this Agreement are described in
Exhibit "A" and, together with this Agreement, comprise the total Agreement and they are as
fully a part of this Agreement as if repeated herein in full.
4.01 ITEMS AWARDED
A11 bid items on Exhibit "A" are awarded to Vendor.
5.01 INVOICES
All invoices shall include, at a minimum, the following information:
A. Name and address of Vendor;
B. Purchase Order Number;
C. Description and quantity of items received; and
D. Delivery dates.
6.01 NON -APPROPRIATION AND FISCAL FUNDING
This Agreement is a commitment of City's
agreed that City shall have the right to terminate this
if the governing body of City does not appropriate
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current revenues only. It is understood and
Agreement at the end of any City fiscal year
funds sufficient to purchase the services as
determined by City's budget for the fiscal year in question. City may effect such termination b
giving Vendor a written notice of termination at the end of its then -current fiscal year. y
7.01 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to
Vendor will be made within thirty (30) days of the day on which City receives the performance
supplies, materials, equipment, and/or deliverables, or within thirty (30) days of the day on
which the performance of services was complete, or within thirty (30) days of the day on which
City receives a correct invoice for the performance and/or deliverables or services, whichever is
later. Vendor may charge a late fee of one percent (1%) for payments not made in accordance
with this Prompt Payment Policy; by Cit however, this Policy does not apply to payments made
in the event:y
A. There is a bona fide dispute between City and Vendor concerning the supplies,
materials, or equipment delivered or the services performed which causes the
payment to be late; or
B. The terms of a federal contract, grant, regulation, or statute prevent City from
making a timely payment with federal funds; or
C. There is a bona fide dispute between any of the parties and subcontractors or
between a subcontractor and its suppliers concerning supplies, materials, or
equipment delivered or the services performed which causes the payment to be
late; or
D. Invoices are not mailed to City in strict accordance with instructions, if any, on
the purchase order or the Agreement or other such contractual agreement.
8.01 GRATUITIES AND BRIBES
City may, by written notice to Vendor, cancel this Agreement without liability if it is
determined by City that gratuities or bribes in the form of entertainment, gifts, or otherwise were
offered or given by Vendor or its agents or representatives to any City officer, employee or
elected representative with respect to the performance of this Agreement. In addition, Vendor
may be subject to penalties stated in Title 8 of the Texas Penal Code.
9.01 TAXES
City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be
included in Vendor's charges.
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10.01 ORDERS PLACED WITH ALTERNATE VENDORS
If Vendor cannot provide the goods and services as specified, City reserves the right and
option to obtain same from other suppliers or sources.
11.01 INSURANCE
Vendor shall meet all requirements as stated in the attached Invitation for Bid No. 06-005
and its bid response.
12.01 CITY'S REPRESENTATIVE
City hereby designates the following representative(s) authorized to act in its behalf with
regard to this Agreement:
Kim Lutz
City of Round Rock Senior Utility Services Manager
2008 Enterprise Drive
Round Rock, Texas 78664
512-218-5586
kiml@round-rock.tx.us
13.01 RIGHT TO ASSURANCE
Whenever either party to this Agreement, in good faith, has reason to question the other
party's intent to perform hereunder, then demand may be made to the other party for written
assurance of the intent to perform. In the event that no written assurance is given within the
reasonable time specified when demand is made, then and in that event, the demanding part
may treat such failure as an anticipatory repudiation of this Agreement. y
14.01 DEFAULT
If Vendor abandons or defaults under this Agreement and is a cause of City purchasing
the specified goods and services elsewhere, Vendor agrees that it may be charged the difference
in cost, if any, and that it will not be considered in the re -advertisement of the service and that
may not be considered in future bids for the same type of work unless the scope of work it
is
significantly changed.
Vendor shall be declared in default of this Agreement if it does any of the following:
A. Fails to make any payment in full when due;
B. Fails to fully, timely and faithfully perform any of its material obligations
under this Agreement;
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C. Fails to provide adequate assurance of performance under the "Right to
Assurance" section herein; or
D. Becomes insolvent or seeks relief under the bankruptcy laws of the United
States.
15.01 TERMINATION AND SUSPENSION
A. City has the right to terminate this Agreement, in whole or in part, for
convenience and without cause, at any time upon thirty (30) days' written notice to Vendor.
B. In the event of any default by Vendor, City has the right to terminate this
Agreement for cause, upon ten (10) days' written notice to Vendor.
C. Vendor has the right to terminate this Agreement for cause, that being in the event
of a material and substantial breach by City, by
providing
(120) days' written notice prior to termination of heAgreemente nd}in the event fsu h wwith one hundred rrimy
notice of termination, Vendor shall continue services for a period of time not to exceed tten
one
hundred twenty (120) days after written notification. Termination under this subsection (C)of
Section 16.01 shall not relieve Vendor of anyprior to
obligation or liability that has occurred
cancellation.
D. In the event City terminates under subsections (A) or (B) of this Section 16.01,
the following shall apply: Upon City's delivery of the referenced notice to Vendor, Vendor shall
discontinue all services in connection with the performance of this Agreement and shall proceed
to cancel promptly all existing orders and contracts insofar as such orders and contracts are
chargeable to this Agreement. Within thirty (30) days after such notice of termination, Vendor
shall submit a statement showing in detail the goods and/or services satisfactorily performed
under this Agreement to the date of termination. City shall then pay Vendor that portion of the
charges, if undisputed. The parties agree that Vendor is not entitled to compensation for services
it would have performed under the remaining term of the Agreement except as provided herein.
16.01 INDEMNIFICATION
Vendor shall defend (at the option of City), indemnify,
assigns, officers, employees and elected officials harmless from and again ttts all �suits,cactors,
legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and any
other costs or fees arising nut of, or incident to, concerning or resulting from the fault of V ns,
or Vendor's agents, employees or subcontractors, in the and all
under this Agreement, no matter how, or to whom, such loss may occur. Not performance of Vendor's obligationsht
herein shall be
end be
g
deemed to limit the rights of City or Vendor (including, but not Iimited to the riht to seek
contribution) against any third party who may be liable for an indemnified claim.
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17.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES
Vendor, its agents, employees and subcontractors shall use best efforts to comply with all
applicable federal and state Laws, the Charter and Ordinances of the City of Round Rock, as
amended, and with all applicable rules and regulations promulgated by local, state and national
boards, bureaus and agencies.
18.01 ASSIGNMENT AND DELEGATION
The parties each bind themselves, their successors, assigns and legal representatives to
each other with respect to the terms of this Agreement. A party shall neither assign, sublet nor
transfer any interest in this Agreement without prior written authorization of the other party.
19.01 NOTICES
All notices and other communications in connection with this Agreement shall be in
writing and shall be considered given as follows:
1. When delivered personally to recipient's address as stated in this Agreement; or
Three (3) days after being deposited in the United States mail, with postage
prepaid to the recipient's address as stated in this Agreement.
Notice to Vendor:
Central Texas Refuse, Inc.
Post Office Box 18685
Austin, Texas 78760
Notice to City:
David Kautz
Assistant City Manager
221 East Main Street
Round Rock, TX 78664
Stephan L. Sheets
City Attorney
AND TO: 309 East Main Street
Round Rock, TX 78664
Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of City and Vendor.
20.01 APPLICABLE LAW; ENFORCEMENT AND VENUE
This Agreement shall be enforceable in Round Rock, Texas, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or conditions
herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be
governed by and construed in accordance with the laws and court decisions of the State of Texas.
7
21.01 EXCLUSIVE AGREEMENT
This document, and all appended documents, constitutes the entire Agreement between
Vendor and City. This Agreement may only be amended or supplemented by mutual agreement
of the parties hereto in writing.
22.01 DISPUTE RESOLUTION
If a dispute or claim arises under this Agreement, the parties agree to first try to resolve
the dispute or claim by appropriate internal means, including referral to each party's senior
management. If the parties cannot reach a mutually satisfactory resolution, then and in that event
any such dispute or claim will be sought to be resolved with the help of a mutually selected
mediator. If the parties cannot agree on a mediator, City and Vendor shall each select a mediator
and the two mediators shall agree upon a third mediator. Any costs and fees, other than attorney
fees, associated with the mediation shall be shared equally by the parties.
City and Vendor hereby expressly agree that no claims or disputes between the parties
arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration
proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9
USC Section 1-14) or any applicable state arbitration statute.
23.01 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion or provision of this Agreement void shall in no
way affect the validity or enforceability of any other portion or provision of this Agreement. Any
void provision shall be deemed severed from this Agreement, and the balance of this Agreement
shall be construed and enforced as if this Agreement did not contain the particular portion or
provision held to be void. The parties further agree to amend this Agreement to replace any
stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision. The provisions of this section shall not prevent this entire Agreement from
being void should a provision, which is of the essence of this Agreement, be determined void.
24.01 MISCELLANEOUS PROVISIONS
Standard of Care. Vendor represents that it employs trained, experienced and
competent persons to perform all of the services, responsibilities and duties specified herein and
that such services, responsibilities and duties shall be performed in a manner according to
generally accepted industry practices.
Time is of the Essence. Vendor understands and agrees that time is of the essence and
that any failure of Vendor to fulfill obligations for each portion of this Agreement within the
agreed timeframes will constitute a material breach of this Agreement. Vendor shall be fully
responsible for its delays or for failures to use best efforts in accordance with the terms of this
Agreement. Where damage is caused to City due to Vendor's failure to perform in these
8
circumstances, City may pursue any remedy available without waiver of any of City's additional
legal rights or remedies.
Force Majeure. Neither City nor Vendor shall be deemed in violation of this Agreement
if it is prevented from performing any of its obligations hereunder by reasons for which it is not
responsible as defined herein. However, notice of such impediment or delay in performance must
be timely given and all reasonable efforts undertaken to mitigate its effects.
Multiple Counterparts. This Agreement may be executed in multiple counterparts, any
one of which shall be considered an original of this document; and all of which, when taken
together, shall constitute one and the same instrument.
IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates
indicated.
CITY OF ROUND ROCK, TEXAS
Printed Name:
Date Signed:
ATTEST:
)yLe mAxw u,
5 -as -060
avuarini) 2.
Christine R. Martinez, City Secretary
FOR CITY, APPROVED AS TO FORM:
Ti
Stepha IL. Sheets, City Attorney
9
CENTRAL TEXAS REFUSE, INC.,
a Texas corporation
T Cll�
Titt le: Printed Name: ILIA /20c—e--,0
—'
Date Signed: tom//! V/0 /
1/3/2008
INVITATION FOR BID (IFB)
CITY OF ROUND ROCK PURCHASING OFFICE
221 E. Main Street
Round Rock, Texas 786645299
BIDS ARE DUE TO THE PURCHASING OFFICE
AT THE ABOVE ADDRESS BEFORE BID
OPENING TIME.
City of Round Rock
Accounts Payable
221 East Main Street
Round Rock, Texas 78664.5299
IND F.O.B. DESTINATION
UNLESS OTHERWISE SPECIFIED BELOW
DESTINATION:
City a Round Rock
Water Treatment Plant
5494 N. IH 35
Round Rock, Texas 78681
FACSIMILE RESPONSES
SHALL NOT BE ACCEPTED
SHOW 810 °Psis's) DATE
NUMBER IN LOWER LEFT HAND
CORNER OF SEALED 810
ENVELOPE & SHOW RETURN
ADDRESS OF MONO FIRM.
COQOIL e
BIDDING INFORMATION: Slude a Haut
BID NUMBER
OPENING DATE:
81D LOCATION:
06.005
1/17/06 at 3:00 P.M.
221 E. Main Street, 1st Floor
Council Chambers Round Roc TX 788
RETURN SIGNED ORIGINAL AND ONE COPY OF BID
arooe_ _ _It saL,, sat BE saY
Falun to sign bid will disqualify bid
Authorized
4-/t%/- /Zoc c o
Print Name
SEE 1.7 OF BIDDING INSTRUCTIONS ATTACHED
TAX IO NO.. - Z/SO Gov
LEGAL BUSINESS NAME:
D D - SS• - -- — OOY- _If IS -
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1 -Tit-_ -
_�u.1T2ti i ,c- 7876 Q -
CONTACT: /Zo GG o
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a Ile '•J A � i g/i,;.
Best Bid Evaluation: All bids received shall be evaluated based on the Best Value for the City,
part of the following criteria: Bid Price, Reputation of Bidder, Extent to which the Se which o t determined
Relationship with the City; as well as Goods or Services meet the City's � considering all or
PBWs)• any relevant criteria listed in the attached Specification Number 08-068.73, dated December 200 (5 Bidder'seds, and Past
1
BIDDER AGREES TO COMPLY WITH ALL CONDITIONS SET FORTH BELOW AND ON THE REVERSE SIDE OF THIS
IFB.
NO.:
BUSINESS ENTRY TYPE:
Z
Date
"By the signature hereon affixed, the bidder hereby certifies that neither the bidder nor the entity fepresented by
he antitrust laws of this State codified In Section 15.01 et seq., Business and Commerce Code, or yore acting for such entity t yhas violated
d tiy, the bid made to any competitor or the bidder, or an
any other person engaged in such Zine of business." the Federal antitrust laws. nor communicated directly or
I
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EXHIBIT
nAn
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ITEMS BELOW APPLY 1 U AND BECOME A PART OF TERMS AND t:ONDITIONS OF BID
ANY EXCEPTIONS THERETO MUST BE IN WRITING
1. BIDDING REQUIREMENTS:
1.1 Bidding requires pricing per unit shown and extensions. If trade discount is shown on bid, it should be deducted and net fine extensions shown. Bidders guarantees
product offered wi meet a exceed specifications identified in this Invitation For Bid (IFB).
1.2 Bids should be submitted on this form. Each bid shah be placed in a separate envelope completely and property identified. See instructions on reverse side. Bids must be
in the office of the City Purchasing Agent before the hour and date specified on the reverse side of this IFB.
1.3 Late bids properly identified will be returned to bidder unopened. Late bids will not be considered.
1.4 Bid F.O.B. destination, freight. prepaid. & allowed unless otherwise specified on the IFB. If otherwise, show exact cost to deliver.
1.5 Bid unit price on quantity and unit of measure specified, extend and show total. In case of errors in extension, unit prices shall govern. Bids subject to unlimited price
increase wig not be considered.
1.6 Bid prices shall be firm for acceptance 30 days from bid opening date. Discount from Lisp bids are not acceptance unless requested. Cash discount will not be
considered in determining the low bid. AN cash discounts offered will be taken if earned.
1.7 Bids shall give Tax Identification Number, full name and address of bidder. Failure to sign will disqualify bid. Person signing bid shall show tittle and authority to bind
signatories firm in a contract Firm nashould �� page in the block provided in the upper right comer. Business Entity shall be one (1) of the following:
Individual, Partnership, Sole Proprietorship,rporation, Governmental. Non-profit, all others shall be specified.
shown on Social Security Card. SOLE PROPRIETORSHIP; List legal name followed by INDIVIDUAL: 4L: List name and number as
of entity and Tax Identification Number (Tin). legal business name and Social Security Number. ALL OTHERS: List legal name
1.8 Bid cannot be altered or amended after opening time. Any Alterations made before opening time shah be initialed by bidder or an authorized agent. No bid can be
withdrawn after opening time without approval of the CITY based on a written acceptable reason.
1.9 The City is exempt from Stale Sales Tax and Federal Excise Tax. Do not include tax in bid.
1.10 The City reserves the right to accept a reject all a any part of cid, waive minor technicalities and award the bid to best serve the interests of the City, Split awards may be
made at the sole discretion of the City.
1.11 Consistent and continued tie bids could cause rejection of bids by the City and/or investigation for antitrust violations.
1.12 Telephone bids and facsimile bids are not acceptable in response to the IFB.
1.13 CAUTION: Bid invitation allows sufficient time for receipt of the preferred mad response. The City shall not be responsible for bids received late. illegible. incomplete. or
otherwise non-responsive
2. SPECIFICATION:
2.1 Any catalog. brand name or manufacturers reference used in IFB is descriptive only (not restrictive), and is used to indicate type and quality desired. Bids on brands of like
nature and quality will be considered unless advertised under the provisions of Section 252.022 of the Texas Local Government Code. If other than brand(s) specified is
offered, illustrations and complete descriptions of product offered are requested 10 be made a part of the bid. If bidder takes no exceptions to
data in bid, bidder will be required to furnish brand names, numbers, etc, as specified in the IFB. data or reference
2.2 AR items bid shall be new, in first Gass condition, including containers suitable for shipment and storage. unless otherwise indicated in IFB. Verbal agreements to the
contrary will not be recognized.
2.3 Samples, when requested. must be fumished free of expense to the City. If not destroyed in examination, they will be retumed to the bidder, on request, at bidder expense.
Each example should be marked with bidders' name and address. City bid number and code. Do not enclose in a attach to bid.
2.4 The City will not be bound by any oral statement or representation contrary to the written specifications of this IFB.
2.5 Manufacturers standard warranty shall apply unless otherwise stated in the IFB.
3. 11E BIDS: In case of tie bids, the award will be made in accordance with Section 271.901 of the Texas Local Govemment Code.
4. DELIVERY:
4.1 Bid should show number of days required to place material in City's designated location under normal conditions. Failure to state deliver time obligates bidder to complete
delivery in fourteen (14) calendar days. Unrealistically shat or long delivery promises may cause bid to be disregarded. Consistent failure to meet delivery promises
without valid reason may cause removal from bid list (See 4.2 following.)
4.2 If delay is foreseen. contractor shah give written notice to the City. The City has the right to extend delivery date if reasons appear valid. Contractor must keep the City
advised at all times of status of order. Default in promised delivery (without acceptable reasons) or failure to meet specifications. authorizes the City to purchase supplies
elsewhere and charge full increase. if any. in cost and handing to defaulting contractor
4.3 No substitutions or cancellations permitted without written approval of the City.
4.4 Delivery shall be made during normal working hours only. unless prior approval for late delivery has been obtained from the City. unless otherwise specified in the IFB.
5. INSPECTION AND TESTS: All goods will be subject to inspection and test by the City to the extent practicable at all times and places. Authorized City personnel shall have
access to any suppliers place of business for the purpose of inspecting merchandise. Tests may be performed on samples submitted with the bid or on samples taken from
regular shipments. If the products tested fail to meet or exceed all conditions and requirements of the specifications. the cost of the
be bome by the supplier. Goods. which have been delivered and rejected in whole or in part, may, at the City'sthe sample Vendor used and the cost s the testing shall
risk and expense. Latent defects may result in revocation of acceptance, ty option, be retumed to the or held for disposition at Vendor's
6. AWARD OF CONTRACT: A response to an IFB is an offer to contract with the City based upon the terms conditions, and specifications contained in the IFB Bids do not become
contracts unless and until they are accepted by the City through its designates and a purchase order is issued. The contract shall be governed, construed and interpreted under
the Charter of the City and the laws of State of Texas. All contracts are subject to the approval of the City Council.
7. PAYMENT: Vendor shall submit three (3) copies of an invoice showing the purchase order number on all copies.
8. PATENTS AND COPYRIGHTS: The contractor agrees 10 protect the City from claims involving infringements of patents or copyrights.
9. VENDOR ASSIGNMENTS: Vendor hereby assigns to purchaser any and all claims for overcharges associated with this Contract which arise under the antitrust laws of the State
of Texas. Tx. Bus. And Comm. Code Ann. Sec. 15.01, et seq. (1967).
10. BIDDER AFFIRMATION:
10.1 Signing this bid with a false statement is a material breach of contract and shall void the submitted bid or any resulting contracts, and the bidder shall be removed from all
bid lists. By signature hereon affixed, the bidder hereby certifies that
10.2 The bidder has not given, offered to give, nor intends to give any time hereafter any economic opportunity, future employment gift loan gratuity, special discount, tip, favor,
or service to a public servant in connection with the submitted bid.
10.3 The bidder is not currently delinquent in the payment of any debt owed the City.
10.4 Neither the bidder nor the firm, corporation. partnership, or any entity represented by the bidder, or anyone acting for such firm, corporation. or entity has violated the
antitrust laws of this State codified in Section 15.01 et. Seq. Texas Business and Commercial Code. or the Federal Antitrust Laws. nor communicated directly or indirectly
the bid made to any competitor, or any other person engaged in such line of business.
10.5 The bidder has not received compensation for participation in the preparation of the specification for this IFB.
11. NOTE TO BIDDERS: Any terms and conditions attached to bid will not be considered unless the bidder specifically references them on the front of this bid form WARNING: Such
terms and conditions may result in disqualification of the bid (e.g. bids with the laws of a state other than Texas requirements for prepayment Limitations on remedies, etc.) The
City of Round Rock can only accept bids which contain alt the terns and conditions of its formal IFB: in particular. all bidders affirmations and certifications must be included.
Submission of bids on forms other than City bid form may result in disqualification of your bid.
12. INQUIRIES, Inquiries pertaining to bid invitations must give bid number, codes, and opening date.
SPECIFICATION NO.
06-968-73
DATE: December 2005
CITY OF ROUND ROCK
WATER TREATMENT PLANT SLUDGE HAULING
PART I
1. PURPOSE: The City seeks to contract with a qualified bidder to provide all goods and labor to
haul and dispose of sludge from a City owned facility (Water Treatment Plant).
2. DEFINITIONS: The following definitions shall be used for identified terms throughout the
specification and bid document:
2.1. Bidder identified throughout this specification shall describe persons and entities that
consider themselves qualified to provide the goods, equipment or services.
2.2. City — Identifies the City of Round Rock (Purchaser), Williamson and Travis Counties,
Texas.
2.3. Contract —A mutually binding legal document obligating the Contractor to fumish the
goods, equipment or services, and obligating the City to pay for it.
2.4. Contractor —A person or business enterprise providing goods, equipment, labor and/or
services to the City as fulfillment of obligations arising from a contract or purchase order.
2.5. Goods represent materials, supplies, commodities and equipment.
2.6. Purchase Order - is an order placed by the Purchasing Office for the purchase of Goods
or Services written on the City's standard Purchase Order form and which, when
accepted by the Bidder, becomes a contract. The Purchase Order is the Bidder's
authority to deliver and invoice the City for Goods or Services specified, and the City's
commitment to accept the Goods or Services for an agreed upon price.
2.7. Subcontractor - Any person or business enterprise providing goods, equipment, labor,
and/or services to a Contractor if such goods, equipment, labor, and/or services are
procured or used in fulfillment of the Contractor's obligations arising from a contract with
the City.
3. CLARIFICATION: For clarification of specifications, bidders may contact:
Randy Barker
Purchasing Supervisor
City of Round Rock
Telephone: 512-218-3295
The individual listed above may be contacted by telephone or visited for clarification of the
specifications only. No authority is intended or implied that specifications may be amended or
alterations accepted prior to bid opening without written approval of the City of Round Rock through
the Purchasing Division.
PART II
GENERAL TERMS AND CONDITIONS
1. The Contractor shall provide all labor and goods necessary to perform the project. The
Contractor shall employee all personnel for work in accordance with the requirements set forth by
the United States Department of Labor.
Page 1 of 11
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SPECIFICATION NO.
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2. The Contractor shall be responsible for damage to the City's equipment and/or property, the
workplace and its contents by its work, negligence in work, its personnel and equipment. The
Contractor shall be responsible and liable for the safety; injury and health of its working personnel
while its employees are performing service work.
3. The City is committed to maintaining an alcohol and drug free workplace. Possession, use, or
being under the influence of alcohol or controlled substances by Contractor, Contractor's
employees, subcontractor (s') or subcontractor (s') employees while in the performance of the
service is prohibited. Violation of this requirement shall constitute grounds for termination of the
service.
4. BEST BID EVALUATION: All bids received shall be evaluated based on the best value for the
City. Best value will be determined by considering all or part of the criteria listed, as well as any
relevant criteria specifically listed in the solicitation.
4.1. Bid price.
4.2. Reputation of the bidder and of bidder's goods and services.
4.3. The quality of the bidder's goods or services.
4.4. The extent to which the goods or services meet the City's needs.
4.5. Bidder's past relationship with the City. All vendors will be evaluated on their past
performance and prior dealings with the City to include, but not limited to, failure to meet
specifications, poor quality, poor workmanship, late delivery.
5. AGREEMENT: The term of the Agreement, resulting from this Invitation for Bid, shall be for three
(3) twelve-month periods of time from the date of award. Prices shall be firrn for the duration of
the Agreement, except as provided for herein. This agreement may be renewed for two (2)
additional periods of time not to exceed twelve months for each renewal.
6. VENDOR PERFORMANCE: The City Manager reserves the right to review the Vendor's
performance at the end of each twelve month agreement period and to cancel all or part of the
Agreement (without penalty) or continue the agreement through the next period.
7. NON -APPROPRIATION: The resulting Agreement is a commitment of the City's current revenues
only. It is understood and agreed the City shall have the right to terminate the Agreement at the
end of any City fiscal year if the governing body of the City does not appropriate funds sufficient
to purchase the estimated yearly quantities, as determined by the City's budget for the fiscal year
in question. The City Manager may effect such termination by giving Contractor a written notice
of termination at the end of its then current fiscal year.
8. CANCELLATION: The City reserves the right to cancel the Agreement without penalty by
providing 30 days prior written notice to the other party. Contractor shall provide the City with 120
days written notice prior to cancellation of the Agreement and shall continue services for a period
of time not to exceed 120 days after written notification. Termination under this paragraph shall
not relieve the Contractor of any obligation or liability that has occurred prior to cancellation.
NOTE: This Agreement is subject to cancellation, without penalty, at any time the City
deems the vendor to be non-compliant with contractual obligations.
9. COMPLIANCE WITH LAWS: The successful bidder shall comply with all federal, state, and local
laws, statutes, ordinances, rules and regulations, and the orders and decrees of any court or
administrative bodies or tribunals in any matter affecting the performance of the resulting
agreement, including without limitation, workers' compensation laws, minimum and maximum
salary and wage statutes and regulations, and licensing laws and regulations. When requested,
the Contractor shall furnish the City with satisfactory proof of its compliance.
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SPECIFICATION NO.
06-968-73
DATE: December 2005
10. ABANDONMENT OR DEFAULT: A Contractor who abandons or defaults the work on the
agreement and causes the City to purchase the services elsewhere may be charged the
difference in service if any and shall not be considered in the re -advertisement of the service and
may not be considered in future bids for the same type of work unless the scope of work is
significantly changed.
11. CODES. PERMITS AND LICENSES: The successful bidder shall comply with all National State
and Local standards, codes and ordinances and the terms and conditions of the services of 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 successful
bidder shall be responsible for obtaining all necessary permits, certificates and/or licenses to fulfill
contractual obligations (City of Round Rock fees and costs shall be waived).
12. INDEMNITY: Contractor shall indemnify, save harmless and defend the City, its officers, agents,
servants, and employees from and against any and all suits, actions, legal proceedings, claims,
demands, damages, costs, expenses, attorney's fees and any and all other costs or fees incident
to the performance of the resulting agreement and arising out of a willful or negligent act or
omission of the Contractor, its officers, agents, servants and employees.
13. INSURANCE: The Contractor shall procure and maintain at its sole cost and expense for the
duration of the agreement or purchase order resulting from a response to this Bid/Specification
insurance against claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the work as a result of this bid by the successful bidder, its
agents, representatives, volunteers, employees or subcontractors.
13.1. Certificates of Insurance and endorsements shall be furnished to the City and approved by
the City before work commences.
13.2. The following standard insurance policies shall be required:
13.2.1. General Liability Policy
13.2.2. Automobile Liability Policy
13.2.3. Worker's Compensation Policy
13.3. The following general requirements are applicable to all policies:
13.3.1. Only insurance companies licensed and admitted to do business in the State of
Texas shall be accepted.
13.3.2. Deductibles shall be listed on the Certificate of Insurance and are acceptable only on
a per occurrence basis for property damage only.
13.3.3. Claims made policies shall not be accepted, except for Professional Liability
Insurance.
13.3.4. Upon request, certified copies of all insurance policies shall be furnished to the City.
13.3.5. Policies shall include, but not be limited to, the following minimum limits:
13.3.5.1. Minimum Bodily Injury Limits of $300,000.00 per occurrence.
13.3.5.2. Property Damage Insurance with minimum limits of $50,000.00 for
each occurrence.
13.3.5.3. Automobile Liability Insurance for all owned, non -owned, and hired
vehicles with minimum limits for Bodily Injury of $100,000.00 each
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SPECIFICATION NO.
06-968-73
DATE: December 2005
person, and $300,000.00 for each occurrence, and Property
Damage Minimum limits of $50,000.00 for each occurrence.
13.3.5.4. Statutory Worker's Compensation Insurance and minimum
$100,000.00 Employers Liability Insurance.
13.3.6. Coverage shall be maintained for two years minimum after the termination of the
Contract.
13.4. The City shall be entitled, upon request, and without expense to receive copies of
insurance policies and all endorsements thereto and may make reasonable request for
deletion, revision, or modification of particular policy terms, conditions, limitations, or
exclusions (except where policy provisions are established by law or regulation binding
either of the parties hereto or the underwriter of any of such policies). Upon such request
by the City, the Contractor shall exercise reasonable efforts to accomplish such changes
in policy coverage and shall pay the cost thereof. All insurance and bonds shall meet the
requirements of the bid specification and the insurance endorsements stated below.
13.5. Contractor agrees that with respect to the required insurance, all insurance contracts and
certificate(s) of insurance shall contain and state, in writing, on the certificate or its
attachment, the following provisions:
13.5.1. Provide for an additional insurance endorsement clause declaring the
Contractor's insurance as primary.
13.5.2. 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.
13.5.3. Provide thirty days notice to the City of cancellation, non -renewal, or material
changes.
13.5.4. Remove all language on the certificate of insurance indicating:
13.5.4.1. That the insurance company or agent/broker shall endeavor to
notify the City; and,
13.5.4.2. Failure to do so shall impose no obligation of liability of any kind
upon the company, its agents, or representatives.
13.5.5. Provide for notice to the City at the addresses listed below by registered
mail:
13.5.6. Contractor agrees to waive subrogation against the City, its officers,
employees, and elected officials for injuries, including death, property
damage, or any other loss to the extent it may be covered by the proceeds of
insurance.
13.5.7. Provide that all provisions of this contract conceming liability, duty, and
standard of care together with the indemnification provision, shall be
underwritten by contractual liability coverage sufficient to include such
obligations within applicable policies.
13.5.8. All copies of the Certificate of Insurance shall reference the project name, bid
number or purchase order number for which the insurance is being supplied.
13.5.9. Contractor shall notify the City in the event of any change in coverage and
shall give such notices not less than thirty days prior notice to the change,
which notice shall be accomplished by a replacement Certificate of
Insurance.
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SPECIFICATION NO.
06-968-73
DATE: December 2005
13.5.10. 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 Street 309 East Main Street
Round Rock, TX 78664-5299 Round Rock, TX 78664
13.6. Approval, disapproval, or failure to act by the City regarding any insurance supplied by
the Contractor shall not relieve the Contractor of full responsibility or liability for damages
and accidents as set forth in these requirements. Neither shall bankruptcy, insolvency, or
denial of liability by the insurance company relieve the Contractor from liability.
13.7. If the Contractor employs, contracts with or otherwise permits any other individual or
entity to perform any of the obligations of the Contractor, then any and all of these
individual or entities shall be bound by the same insurance requirements as the
successful bidder.
14. WORKERS COMPENSATION INSURANCE: Texas Labor Code, Section 406.098 requires workers'
compensation insurance coverage for all persons providing services on building or construction
projects for a govemrnental entity.
14.1. 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 (1WCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory
workers' compensation insurance coverage for the person's or entity's employees providing
services on a project. for the duration of the project.
14.2. Duration of the proiect - indudes 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.
14.3. Persons providing services on the project ("subcontractor") in Section 406.096 - includes all
persons or entities performing all or part of the services the CONTRACTOR has undertaken
to perform on the project, regardless of whether that person contracted directly with the
CONTRACTOR and regardless of whether that person has employees. This includes,
without limitation, independent contractors, subcontractors, leasing companies, motor
carriers, owner -operators, employees of any such entity, or employees of any entity, which
furnishes persons to provide services on the project. "Services" include, without limitation,
providing, hauling, or delivering equipment or materials, or providing labor, transportation, or
other service related to a project "Services" does not include activities unrelated to the
project, such as food/beverage vendors, office supply deliveries, and delivery of portable
toilets.
14.4. The CONTRACTOR shall provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any coverage agreements, that meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for aN employees of the
CONTRACTOR providing services on the project, for the duration of the project.
14.5. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being
awarded the contract.
14.6. If the coverage period shown on the CONTRACTOR'S current certificate of coverage ends
during the duration of the project, the CONTRACTOR must, prior to the end of the coverage
period, file a new certificate of coverage with the OWNER showing that coverage has been
extended.
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SPECIFICATION NO.
06-968-73
DATE: December 2005
14.7. The CONTRACTOR shall obtain from each person providing services on a project, and
provide to the OWNER:
14.7.1. a certificate of coverage, prior to that person beginning work on the project, so the
OWNER shall have on file certificates of coverage showing coverage for all
persons providing services on the project; and
14.7.2. no later than seven calendar days after receipt by the CONTRACTOR, a new
certificate of coverage showing extension of coverage, if the coverage period
shown on the current certificate of coverage ends during the duration of the
project.
14.8. The CONTRACTOR shall retain all required certificates of coverage for the duration of the
project and for one year thereafter.
14.9. The CONTRACTOR shall notify the OWNER in writing by certified mail or personal delivery,
within 10 calendar days after the CONTRACTOR knew or should have known, or any
change that materially affects the provision of coverage of any person providing services on
the project
14.10. The CONTRACTOR shall post on each project site a notice, in the text form and manner
prescribed by the Texas Workers' Compensation Commission, informing all persons
providing services on the project that they are required to be covered, and stating how a
person may verify coverage and report lack of coverage.
14.11. The CONTRACTOR shall contractually require each person with whom it contracts to
provide services on a project, to:
14.11.1. provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, that meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all its employees
providing services on the project, for the duration of the project.
14.11.2. provide to the CONTRACTOR, prior to that person beginning work on the
project, a certificate of coverage showing that coverage is being provided for all
employees of the person providing services on a project, for the duration of the
project.
14.11.3. provide the CONTRACTOR, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, if the coverage period
shown on the current certificate of coverage ends during the duration of the
project.
14.11.4. obtain from each other person with whom it contracts, and provide to the
CONTRACTOR:
14.11.4.1. a certificate of coverage, prior to the other person beginning work
on the project; and
14.11.4.2. a new certificate of coverage showing extension of coverage, prior
to the end of the coverage period, if the coverage period shown on
the current certificate of coverage ends during the duration of the
project.
14.11.5. retain all required certificates of coverage on file for the duration of the project
and for one year thereafter.
14.11.6. notify the OWNER in writing by certified mail or personal delivery, within 10
calendar days after the person knew or should have known, of any change that
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SPECIFICATION NO.
06-968-73
DATE: December 2005
materially affects the provision of coverage of any person providing services on
the project; and
14.11.7. contractually require each person with whom it contracts, to perform as
required by paragraphs 14.1 through and inclusive in entirety 14.7, with the
certificates of coverage to be provided to the person for whom they are
providing services.
14.11.8. by signing the solicitation associated with this specification, or providing, or
causing to be provided a certificate of coverage, the Contractor is representing
to the Owner that all employees of the Contractor who shall provide services on
the project shall be covered by workers' compensation coverage for the duration
of the project, that the coverage shall be based on proper reporting of
classification codes and payroll amounts, and that all coverage agreements
shall 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.
14.11.9. The Contractor's failure to comply with any of these provisions is a breach of
contract by the Contractor that entitles the Owner to declare the contract void if
the Contractor does not remedy the breach within ten calendar days after
receipt of notice of breach from the owner.
15. LIENS: Contractor agrees to and shall indemnify and save harmless the City against any and all
liens and encumbrances for all labor, goods and services which may be provided under the
resulting agreement. At the City's request the Contractor or subcontractors shall provide a proper
release of all liens or satisfactory evidence of freedom from liens shall be delivered to the City.
16. VENUE: Both the City and the Contractor agree that venue for any litigation arising from a
resulting agreement shall lie in Williamson County, State of Texas.
17. INDEPENDENT CONTRACTOR: It is understood and agreed that the Contractor shall not be
considered an employee of the City. The Contractor shall not be within protection or coverage of
the City's Worker' Compensation Insurance, Health Insurance, Liability Insurance or any other
insurance that the City from time to time may have in force and effect.
PART III
SPECIFICATIONS
1. SCOPE: This specification describes the transportation, handling, and disposal of water
treatment sludge from the City's Water Treatment Plant, 5494 N. IH 35, Round Rock, Texas
78681.
1.1
The contractor is to provide all equipment and process machinery as well as all trucks or
other suitable containers, supplies, personnel and all other requirements necessary for
removing, hauling and disposing of liquid or dewatered sludge from the Water Treatment
Plant in accordance with the attached specifications.
2. STATEMENT OF INTENT: These specifications cover only the general requirements as to the
hauling and disposal of sludge. Bidders shall be responsible for providing the service that meets
or exceeds all of the requirements as set forth herein, as well as provide equipment that is
designed for the intended application.
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SPECIFICATION NO.
06-968-73
DATE: December 2005
3. BIDDER QUALIFICATIONS: The opening of a bid will not be construed as the City's acceptance
of such bidder as qualified or responsible. The City reserves the right to determine the bid
deemed to be the best value for the City from information submitted with the bid. All bidders shall
furnish the following information at a minimum:
3.1 References: Provide the name, address, telephone number and point of contact of at
least three firms that have utilized same or similar services for at least 2 years.
References may be checked prior to award. Any negative responses received may result
in disqualification of bid or detrimental scoring in Best Value evaluation process.
3.2 Identify any subcontractors to be used for this project. Experience, qualifications and
references of the subcontractors shall be submitted. The City reserves the right to
approve or disapprove all subcontractors prior to any work being performed.
4. MATERIAL DESCRIPTION:
4.1 The City of Round Rock water treatment plant sludge is:
4.1.1. A byproduct of the treatment of surface water.
4.1.2. Non -hazardous and suitable for disposal in a municipal solid waste landfill.
4.1.3. Dewatered by a belt filter press to yield a cake that is typically greater than
10% solid.
4.1.4. Typically contains aluminum, manganese and other trace metals in small
amounts.
5. CONTAINER SPECIFICATIONS:
5.1. The vendor shall provide, as part of the handling, transport and disposal service, a twenty
(20) yard, open top, roll -off type container that shall be stationed at the Water Treatment
Plant at all times.
5.1.1. The Container shall be used only for the collection and transportation of The
City's Water Treatment Plant sludge.
5.1.2. If the container is used for any other purposes, it shall be washed clean prior
to use at The City's Water Treatment Plant.
5.1.3. The container shall be placed at the Water Treatment Plant facility within the
designated parking area as directed by WTP personnel.
5.1.4. The container shall be sealed and leak proof. There shall be no requirement
to line the container with poly sheeting or any other material prior to use by
the owner.
5.1.5. The container shall be constructed of materials that shall not leach or
corrode or in any way cause The Water Treatment Plant sludge to become
contaminated or deemed hazardous.
5.1.6. The Contractor shall repair or replace damaged or worn containers or
components, within five (5) working days of request by the City.
5.1.7. The container shall have wheels or rollers on the bottom at all four corners.
5.1.7.1. Successful bidder shall provide an additional twenty (20) yard,
open top, roll -off type container meeting the above specifications
for weekend availability if requested by City.
6. SLUDGE TRANSPORT:
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SPECIFICATION NO.
06-968-73
DATE: December 2005
6.1. The transport of water treatment plant sludge shall be compliant with all applicable laws.
6.1.1. Each Toad of material shall be accompanied by a completed waste manifest.
6.1.2. The Contractor shall take extreme care to avoid spills during the sludge
transportation. If they occur, spills shall be cleaned up immediately at the
Contractor's expense, to the satisfaction of the appropriate regulatory
authority. The City assumes no liability for damages, which may occur as a
result of spills.
6.1.3. The Contractor shall transport the dewatered sludge directly from The Water
Treatment Plant to the authorized disposal site. Under no circumstances
shall the Contractor be allowed to make any additional stops in transit to the
authorized disposal site to haul any payload other than the dewatered
sludge. The contents of the hauling units shall be checked at the authorized
disposal site for conformance with the manifest that shall accompany each
load.
6.1.4. Any spills, moving violations or other citations are the responsibility of the
contractor.
7. DISPOSAL:
7.1. The City prefers beneficial reuse of the Water Treatment Plant sludge over disposal in a
solid waste landfill.
7.2. The Contractor shall obtain approval from the City for a disposal method other than land
filling in a municipal solid waste landfill.
7.3. The Contractor shall provide the name, location and operator of the proposed disposal
site.
8. TYPICAL SLUDGE ANALYSIS:
Analyses
Result
RL
Qual Units
TCLP Units
DF
TCLP
MERCURY
SW1311/7470
A
Mercury
ND
0.00200
mg/L
0.2
1
TCLP
METALS
SW 1311 /6020
Aluminum
ND
0.300
mg/L
1
Arsenic
ND
0.0600
mg/L
5
1
Barium
0.514
0.100
mg/L
100
1
Cadmium
NO
0.0100
mg/L
1
1
Chromium
ND-
0.0600
mg/L
5
1
Lead
ND
0.0100
mg/L
5
1
Selenium
ND
0.0600
mg/L
1
1
Silver
ND
0.0200
mg/L
5
1
— Not detected at the Reporting Limit
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SPECIFICATION NO.
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9. SLUDGE UNLOADING:
9.1. The contractor shall be responsible for safely unloading dewatered sludge at the
authorized disposal site.
9.2. The Contractor shall comply with all the requirements stipulated by disposal site
personnel in the unloading of the dewatered sludge.
9.3. The City does not guarantee ground surface conditions at the authorized disposal site
during unloading.
9.4. The Contractor shall make safe unloading a major consideration in his selection of
hauling equipment.
10. HAULING SCHEDULE:
10.1. Hauling operations shall be performed between 6:00 a.m. and 5:00 p.m. Monday through
Friday.
10.2. The City will notify the contractor when a pickup is necessary.
10.2.1. Successful bidder shall remove loads no later than the following business
day within the normal operating hours of the City after notification.
11. PROJECT ADMINISTRATOR: All work performed under the contract will be supervised and
verified by the City representative noted below or their designee:
Kim Lutz, Senior Utility Services Manager at (512) 218-5586
PART IV
SERVICE, ACCEPTANCE AND PAYMENT
1. SERVICE: The successful bidder shall respond to a request for service:
1.1 Within 12 hours of notification for telephone service and/or maintenance conflict.
1.2 Within 24 hours of notification for on-site service and/or maintenance.
2. ACCEPTANCE: Acceptance inspection should not take more than five working days. The
vendor will be notified within this time frame if the service is not in full compliance with the
specifications. If any purchase order is cancelled for non-acceptance, the needed service may
be purchased elsewhere and the vendor may be charged full increase, if any, in cost and
handling.
3. TERMINATION FOR CONVENIENCE: The City Manager may terminate this Agreement at the
City's convenience with advance written notice to the Contractor. In addition, a cancellation may
be made at the City Manager's discretion upon the issuance of a notice or order of any
govemmental body, agency or court of competent jurisdiction relating in any way to the subject
matter of this Agreement. In case of such cancellation, the Contractor agrees to immediately
remove, at its expense, all supplies and equipment utilized or stored at the plant site within ten
(10) working days of receiving written notice from the City.
4. INVOICING: Contractor shall submit one original and one copy of each invoice on a monthly
basis to the following address:
City of Round Rock
Page 10 of 11
C,o(oo''L2
SPECIFICATION NO.
06-968-73
DATE: December 2005
Accounts Payable
221 East Main Street
Round Rock, TX 78664-5299
5. PROMPT PAYMENT POLICY: Payments will be made within thirty days after the City receives
the supplies, materials, equipment, or the day on which the performance of services was
completed or the day on which the City receives a correct invoice for the supplies, materials,
equipment or services, whichever is later. The Contractor 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:
5.1 There is a bona fide dispute between the City and Contractor concerning the supplies,
materials, services or equipment delivered or the services performed that causes the
payment to be late; or
5.2 The terms of a federal agreement, grant, regulation, or statute preventing the City from
making a timely payment with Federal Funds; or
5.3 There is a bona fide dispute between the Contractor and a subcontractor or between a
subcontractor and its suppliers conceming supplies, material, or equipment delivered or
the services performed which caused the payment to be late; or
5.4 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.
6. OVERCHARGES: Contractor hereby assigns to the City of Round Rock (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.
Page 11 of 11
DATE:
August 31, 2006
SUBJECT: City Manager Approval - September 1, 2006
ITEM: Consider a resolution authorizing the City Manager to mutually
void the Agreement for Removal and Disposal of Liquid or
Dewatered Sludge from Water Treatment Plant with Central
Texas Refuse, Inc.
Department:
Staff Person:
Justification:
Water and Wastewater Utility and Finance Departments
Tom Word and Cindy Demers
The City and Central Texas Refuse agree that there was a
mutual misunderstanding and that they did not have the
requisite meeting of the minds on substantive terms to
form a valid contract. The City and Central Texas Refuse
mutually agree that the Agreement signed May 25, 2006
was never in force and effect. The City has requested Bids
for these services again.
Fundin4•
Cost: N/A
Source of funds: Utility Funds
Background Information: In January 2006, the City received three bids
for services for Removal and Disposal of Liquid
or Dewatered Sludge from the Water
Treatment Plant. On May 25, 2006, the
Council authorized the Mayor to sign an
agreement with Central Texas Refuse, Inc.
Updated 3-10-05