R-2015-2644 - 7/9/2015 RESOLUTION NO. R-2015-2644
WHEREAS, the City of Round Rock ("City") desires to rent portable chemical toilets, and to
purchase goods and services related to cleaning and maintenance; and
WHEREAS, on June 11, 2015, City entered into an Interlocal Agreement for Joint and
Cooperative Purchasing with Travis County to jointly procure materials, supplies, goods, services or
equipment pursuant to Subchapter F, Chapter 271 of the Texas Local Government Code; and
WHEREAS, on July 24, 2012, Travis County previously entered into an Agreement with
Superior Septic/Clean Can for the rental of portable chemical toilets; and
WHEREAS, the City Council desires to enter into an agreement with Superior Septic/Clean
Can for rental of portable chemical toilets pursuant to Chapter 271.102(c) in lieu of seeking
competitive bids,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 Rental of Portable Chemical Toilets From Superior Septic//Clean Can, a copy of same
being attached hereto as Exhibit"A" and incorporated herein for all purposes.
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 9th day of July, 2015.
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
SARA L. WHITE, City Clerk
EXHIBIT
CITY OF ROUND ROCK
AGREEMENT FOR RENTAL OF
PORTABLE CHEMICAL TOILETS FROM
SUPERIOR SEPTIC/CLEAN CAN
THE STATE OF TEXAS §
CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
COUNTY OF TRAVIS §
That this Agreement for rental of portable chemical toilets, and for related goods and
services, referred to herein as the "Agreement," is made and entered into on this the day
of the month of , 2015, 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 "City"), and SUPERIOR SEPTIC/CLEAN CAN, whose offices are
located at 8 Indian Meadows Drive, Round Rock, Texas 78665 (referred to herein as the
"Vendor").
RECITALS:
WHEREAS, City desires to rent portable chemical toilets, and to purchase goods and
services related to cleaning and maintenance,and City desires to procure same from Vendor;and
WHEREAS, City entered into an Interlocal Agreement for Joint and Cooperative
Purchasing with Travis County on June 11, 2015, pursuant to Resolution No. R-2015-2551,
attached as Exhibit"A"and incorporated herein; and
WHEREAS, said Interlocal Agreement was entered into for the purpose of allowing the
City and Travis County to jointly procure materials, supplies, goods, services or equipment
pursuant to Subchapter F, Chapter 271 of the Texas Local Government Code;and
WHEREAS, Travis County previously entered into an Agreement with Vendor on July
24,2012, for the rental of portable chemical toilets (see Exhibit"B"); and
WHEREAS, City desires to purchase the goods and services set forth herein pursuant to
Chapter 271.102(c) in lieu of seeking competitive bids; 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:
00336782/ss2
1.01 DEFINITIONS
A. Agreement means the binding legal contract between City and Vendor whereby
City is obligated to buy specified goods and Vendor is obligated to sell same. The Agreement
includes: (a) Interlocal Agreement between City and Travis County for cooperative purchasing
attached as Exhibit "A"; (b) pricing set forth in Exhibit "B"; and (c) any exhibits, addenda,
and/or amendments thereto.
B. City means the City of Round Rock, Williamson and Travis Counties,Texas.
C. Effective Date means the date upon which the binding signatures of both parties
to this Agreement are affixed.
D. Force Majeure means acts of God, strikes, lockouts, or other industrial
disturbances, acts of the public enemy, orders of any kind from the government of the United
States or the State of Texas or any civil or military authority, insurrections, riots, epidemics,
landslides, lightning, earthquakes, fires, hurricanes, storms, floods, restraint of the government
and the people, civil disturbances, explosions, or other causes not reasonably within the control
of the party claiming such inability.
E. Goods and services mean the specified services, supplies, materials,
commodities, or equipment.
F. Vendor means Superior Septic/Clean Can, or any of its successors or assigns.
2.01 EFFECTIVE DATE,TERM, ALLOWABLE RENEWALS,PRICES FIRM
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 tenninated or extended as provided herein.
B. The term of this Agreement shall be for thirty-six (36) months from the effective
date hereof. After that term,this Agreement may be renewed for successive terms of twelve(12)
months each, under the same terms and conditions, only upon the express written agreement of
both parties, and only provided that Vendor has performed each and every contractual obligation
specified in this Agreement.
C. Prices shall be firm for the duration of this Agreement and for any renewal
periods. No separate line item charges shall be permitted for invoicing purposes, including but
not limited to equipment rental, demurrage, costs associated with obtaining permits, or any other
extraneous charges.
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D. City reserves the right to review the relationship at any time, and may elect to
terminate this Agreement with or without cause or may elect to continue.
3.01 CONTRACT DOCUMENTS AND EXHIBITS
The Interlocal Cooperation Agreement between City and Travis County attached as
Exhibit "A", and the goods and services which are the subject matter of this Agreement as
described in Exhibit "B", together with this Agreement, comprise the total Agreement and they
are fully a part of this Agreement as if repeated herein in full.
This Agreement supersedes and replaces any previous agreements between the parties
and shall supersede any prior proposals, correspondence or discussions.
4.01 SCOPE OF WORK
Vendor shall satisfactorily provide for rental portable chemical toilets, and shall provide
goods and services related to cleaning and maintenance of the portable chemical toilets.
Vendor's undertakings shall be limited to performing services for City and/or advising City
concerning those matters on which Vendor has been specifically engaged. Vendor shall perform
its services in accordance with the Agreement, in accordance with the appended exhibits, in
accordance with due care, and in accordance with prevailing industry standards for comparable
services.
5.01 COSTS
Vendor's prices listed on Exhibit "B" (pages 3-7) shall be the basis of any charges
collected by Vendor.
6.01 INVOICES
All invoices shall include, at a minimum,the following information:
A. Name and address of Vendor;
B. Purchase Order Number;
C. Description and quantity of items received; and
D. Delivery dates.
7.01 NON-APPROPRIATION AND FISCAL FUNDING
This Agreement is a commitment of City's current revenues only. It is understood and
agreed that City shall have the right to tenninate 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
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determined by City's budget for the fiscal year in question. City may effect such termination by
giving Vendor a written notice of termination at the end of its then-current fiscal year.
8.01 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be
made by City to Vendor 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. Vendor may charge interest on an overdue payment at the "rate in effect" on September l
of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas
Government Code, Section 2251.025(b). This Prompt Payment Policy does not apply to
payments made by City in the event:
(a) There is a bona fide dispute between City and Vendor, a contractor,
subcontractor, or supplier about the goods delivered or the service performed
that cause the payment to be late; or
(b) There is a bona fide dispute between Vendor and a subcontractor or between a
subcontractor and its supplier about the goods delivered or the service
performed that causes the payment to be late;or
(c) The terms of a federal contract, grant, regulation, or statute prevent City from
making a timely payment with federal funds;or
(d) The invoice is not mailed to City in strict accordance with any instruction on
the purchase order relating to the payment.
9.01 GRATUITIES AND BRIBES
City may, by written notice to Vendor, cancel this Agreement without incurring any
liability to Vendor if it is determined by City that gratuities or bribes in the form of
entertainment, gifts, or otherwise were offered or given by Vendor or its agents or
representatives to any City officer, employee or elected representative with respect to the
performance of this Agreement. In addition, Vendor may be subject to penalties stated in Title 8
of the Texas Penal Code.
10.01 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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11.01 ORDERS PLACED WITH ALTERNATE VENDORS
If Vendor cannot provide the goods as specified, City reserves the right and option to
obtain the products from another supplier or suppliers.
12.01 INSURANCE
Vendor shall meet all of City's insurance requirements. Failure to meet or maintain
City's insurance requirements shall be considered a material breach of this Agreement.
13.01 CITY'S REPRESENTATIVE
City hereby designates the following representative(s) authorized to act in its behalf with
regard to this Agreement:
Randy Gordon
Round Rock Parks and Recreation
301 West Bagdad, Suite 250
Round Rock,Texas 78664
512-218-3340
14.01 RIGHT TO ASSURANCE
Whenever either party to this Agreement, in good faith, has reason to question the other
party's intent to perform hereunder, then demand may be made to the other party for written
assurance of the intent to perform. In the event that no written assurance is given within the
reasonable time specified when demand is made,then and in that event the demanding party may
treat such failure as an anticipatory repudiation of this Agreement.
15.01 DEFAULT
If Vendor abandons or defaults under this Agreement and is a cause of City purchasing
the specified goods elsewhere, Vendor agrees that it may be charged the difference in cost, if
any, and that it will not be considered in the re-advertisement of the service and that it may not
be considered in future bids for the same type of work unless the scope of work is significantly
changed.
Vendor shall be declared in default of this Agreement if it does any of the following:
A. Fails to make any payment in full when due;
B. Fails to fully, timely and faithfully perform any of its material obligations under
this Agreement;
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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.
16.01 TERMINATION AND SUSPENSION
A. City has the right to terminate this Agreement, in whole or in part, for
convenience and without cause, at any time upon thirty(30) days' written notice to Vendor.
B. In the event of any default by Vendor, City has the right to terminate this
Agreement for cause, upon ten(10)days' written notice to Vendor.
C. Vendor has the right to terminate this Agreement only for cause, that being in the
event of a material and substantial breach by City, or by mutual agreement to terminate
evidenced in writing by and between the parties.
D. In the event City terminates under subsections (A) or (B) of this section, the
following shall apply: Upon City's delivery of the referenced notice to Vendor, Vendor shall
discontinue all services in connection with the performance of this Agreement and shall proceed
to cancel promptly all existing orders and contracts insofar as such orders and contracts are
chargeable to this Agreement. Within thirty (30) days after such notice of termination, Vendor
shall submit a statement showing in detail the goods and/or services satisfactorily performed
under this Agreement to the date of termination. City shall then pay Vendor that portion of the
charges, if undisputed. The parties agree that Vendor is not entitled to compensation for services
it would have performed under the remaining term of the Agreement except as provided herein.
17.01 INDEMNIFICATION
Vendor shall defend (at the option of City), indemnify, and hold City, its successors,
assigns, officers, employees and elected officials harmless from and against all suits, actions,
legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and any and all
other costs or fees arising out of, or incident to, concerning or resulting from the fault of Vendor,
or Vendor's agents, employees or subcontractors, in the performance of Vendor's obligations
under this Agreement, no matter how, or to whom, such loss may occur. Nothing herein shall be
deemed to limit the rights of City or Vendor (including, but not limited to the right to seek
contribution) against any third party who may be liable for an indemnified claim.
18.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES
Vendor, its agents, employees and subcontractors shall use best efforts to comply with all
applicable federal and state laws, the Charter and Ordinances of the City of Round Rock, as
amended, and with all applicable rules and regulations promulgated by local, state and national
boards,bureaus and agencies.
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19.01 ASSIGNMENT AND DELEGATION
The parties each hereby bind themselves, their successors, assigns and legal
representatives to each other with respect to the terms of this Agreement. Neither party shall
assign, sublet or transfer any interest in this Agreement without prior written authorization of the
other party.
20.01 NOTICES
All notices and other communications in connection with this Agreement shall be in
writing and shall be considered given as follows:
1. When delivered personally to recipient's address as stated in this Agreement;or
2. Three (3) days after being deposited in the United States mail, with postage
prepaid to the recipient's address as stated in this Agreement.
Notice to Vendor:
Superior Septic/Clean Can
8 Indian Meadows
Round Rock,TX 78665
Buda, TX 78610
Notice to City:
City Manager
221 East Main Street
Round Rock,TX 78664
AND TO:
Stephan L. Sheets, City Attorney
309 East Main Street
Round Rock,TX 78664
Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of City and Vendor.
21.01 APPLICABLE LAW; ENFORCEMENT AND VENUE
This Agreement shall be enforceable in Round Rock, Texas, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or conditions
herein,exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be
governed by and construed in accordance with the laws and court decisions of the State of Texas.
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22.01 EXCLUSIVE AGREEMENT
This document, and all appended documents, constitutes the entire Agreement between
Vendor and City. This Agreement may only be amended or supplemented by mutual agreement
of the parties hereto in writing,duly authorized by action of the City Manager or City Council.
23.01 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.
24.01 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion or provision of this Agreement void shall in no
way affect the validity or enforceability of any other portion or provision of this Agreement.Any
such 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 to
be void.
25.01 MISCELLANEOUS PROVISIONS
Standard of Care. Vendor represents that it employs trained, experienced and
competent persons to perform all of the services, responsibilities and duties specified herein and
that such services, responsibilities and duties shall be performed in a manner according to
generally accepted industry practices.
Time is of the Essence. Vendor understands and agrees that time is of the essence and
that any failure of Vendor to fulfill obligations for each portion of this Agreement within the
agreed timeframes will constitute a material breach of this Agreement. Vendor shall be fully
responsible for its delays or for failures to use best efforts in accordance with the terms of this
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Agreement. Where damage is caused to City due to Vendor's failure to perform in these
circumstances, City may pursue any remedy available without waiver of any of City's additional
legal rights or remedies.
Force Majeure. Neither City nor Vendor shall be deemed in violation of this Agreement
if it is prevented from performing any of its obligations hereunder by reasons for which it is not
responsible as defined herein. However, notice of such impediment or delay in performance must
be timely given, and all reasonable efforts undertaken to mitigate its effects.
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 Superior Septic/Clean Can
By: By: ;C-1 (A L
Printed Name: Printed Name:
Title: Title:
Date Signed: Date Signed: 1,//dl�"//r
Attest:
By:
Sara L. White, City Clerk
For City,Approved as to Form:
By:
Stephan L. Sheets City Attorney
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EF
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9
INTERLOCAL AGREEMENT FOR JOINT AND COOPERATIVE
PURCHASING BY AND BETWEEN THE
CITY OF ROUND ROCK AND
TRAVIS COUNTY
This Interlocal Agreement(hereinafter referred to as the"Agreement") is entered into by
and between the undersigned Local Governments of the State of Texas, namely the City of
Round Rock, Texas, and Travis County, Texas (hereinafter referred to as the "Local
Governments"), acting by and through their respective authorized signatories pursuant to and
under authority of the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code,
for the purpose of participating in joint and cooperative purchasing. The undersigned Local
Governments may be referred to in this Agreement individually as a"Party" and collectively as
the"Parties."
RECITALS:
WHEREAS, this Agreement is authorized by Chapter 791 of the Texas Government
Code and Subchapter F, Chapter 271 of the Texas Local Government Code;and,
WHEREAS, the Parties are local governments as that term is defined in Section
271.101(2)of the Texas Local Government Code; and,
WHEREAS, Section 271.102 of the Texas Local Government Code authorizes local
governments to participate in a cooperative purchasing program with another local government
or local cooperative organization;and,
WHEREAS, a local government that purchases materials, supplies, goods, services or
equipment pursuant to a cooperative purchasing program with another Iocal government satisfies
the requirement of the local government to seek competitive bids for the purchase of the goods or
services; and;
WHEREAS, local governments in the State of Texas have the ability to realize
substantial savings and economics of scale by jointly procuring materials, supplies, goods,
services or equipment; and,
WHEREAS,the Parties desire to enter into a cooperative purchasing program which will
allow Parties to purchase materials, supplies, goods, services or equipment pursuant to
Subehapter F,Chapter 271 of the Texas Local Government Code;and,
WHEREAS, each of the Parties finds that its payments for services performed pursuant
to this Agreement may be made from current revenues that are readily available only for
payments that are due this fiscal year; and,
WHEREAS, the Parties find that the amount paid for the services performed under this
Agreement fairly compensates the performing party;and,
003309571ss2
-R--U Exhibit "A"
WHEREAS,,the Parties, acting by and through their respective signature authorities, do
hereby adopt and find the foregoing premises as findings of said governing bodies; and,
NOW THEREFORE,in consideration of the mutual promises,inducements, covenants,
agreements, conditions and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged,the Parties agree as follows:
ARTICLE I
PURPOSE
The purpose of this Agreement is to establish a cooperative purchasing program between
the Parties, which will allow the Parties to realize savings when purchasing materials, supplies,
goods, services or equipment, and which will facilitate the Parties' ability to satisfy state laws
requiring the Parties to seek competitive bids for the purchase of goods and services.
ARTICLE H
TERM
The term of this Agreement shall commence on the date on which all Parties hereto have
executed this Agreement ("Effective Date"). This Agreement shall automatically renew for
successive periods of one (1) year under the terms and conditions stated herein, unless
superseded by a supplemental agreement or terminated as provided in this Agreement.
ARTICLE III
TERMINATION
A Party may withdraw its participation from this Agreement by providing thirty(30)days
prior written notice to the other Parties. Withdrawal of one Party to this Agreement does not
affect the validity of this Agreement as to the remaining Parties.
ARTICLE IV
PURCHASING
Each Party shall designate a person to act under the direction of, and on behalf of, said
Party in all matters relating to the cooperative purchasing program. Each Parry shall make
payments directly to vendors under their respective contracts with vendors made under Chapter
271, Subchapter F, Texas Local Government Code. Each Party shall be responsible for the
vendors' compliance with provisions relating to the quality of items and terms of delivery as to
any items purchased by said Party under this Agreement.
ARTICLE V
PARTICIPATION
The Parties agree that any vendor offer of materials, supplies, goods, services or
equipment to any Party to this Agreement shall be considered an offer to all Parties to this.
Agreement. Any vendor- making a solicitation shall be notified by the Party seeking the
2
Exhibit "A"
solicitation that they may limit their offer to apply only to that Party. They shall be further
notified that failing to do so, their offer may be included in this cooperative program.
Additionally, if other governmental entities within the State of Texas become a Party to this
Agreement, any prior offer made available to the Parties to this cooperative program may be
extended to that Party so the Party has the opportunity to purchase from any solicitation made by
any person or entity to any of the parties participating in this Agreement; however, any vendor
offer made to any Party to this agreement, if extended to another Party through this Agreement,
is not a final contract without the consent and agreement of the successful vendor(s) to the
extension.
All parties indicate their understanding and all parties hereby expressly agree that none of
the entities that are parties to this agreement are agents of,partners to,or representatives of those
other entities and that no Party to this agreement is obligated or liable for any action or debts that
may arise out of such independently-negotiated "piggyback" procurements of another Party to
this Agreement.
ARTICLE VI
CURRENT REVENUE
The Parties hereby warrant that all payments, expenditures,contributions, fees, costs,and
disbursements, if any, required of each party hereunder or required by any other agreements,
contracts and documents executed, adopted, or approved pursuant to this Agreement,which shall
include any exhibit, attachment, addendum or associated document, shall be paid from current
revenues available to the paying Party.The Parties hereby warrant that no debt is created by this
Agreement.
ARTICLE VII
FISCAL FUNDING
The obligations of the Parties pursuant to this Agreement are contingent upon the
availability and appropriation of sufficient funding. Any Party may withdraw from this
Agreement without penalty in the event funds are not available or appropriated. However, no
Party will be entitled to a refund of amounts previously contributed in the event of withdrawal
for lack of funding.
ARTICLE VIII
MISCELLANEOUS
A. Relationship of Parties: This Agreement is not intended to create, nor should it be
construed as creating, a partnership,association,joint venture or trust.
B. Notice: Any notice required or permitted to be delivered hereunder shall be deemed
received when sent in the United States Mail, Postage Prepaid, Certified Mail, Return Receipt
Requested, or by hand delivery or facsimile transmission addressed to the respective Party at the
address set forth opposite the signature of the Party.
3
Exhibit "A"
C.Amendment: This Agreement may be amended by the mutual written agreement of the
Parties.
D. Severability: In the event anyone or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect,
such invalidity, illegality, or unenforceability shall not affect the other provisions, and the
Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never
been contained in this Agreement.
E.Governing Law: The validity of this Agreement and any of its terms and provisions,as
well as the rights and duties of the Parties, shall be governed by the laws and court decisions of
the State of Texas; and venue for any action concerning this Agreement shall lie in the
designated County of the first Party to the Contract named as a Defendant.
F. Entire Agreement: This Agreement represents the entire agreement among the Parties
with respect to the subject matter covered by this Agreement. There is no other collateral,oral or
written agreement between the Parties that in any manner relates to the subject matter of this
Agreement.
G.Recitals:The recitals to this Agreement are incorporated herein.
H. Counterparts: This Agreement may be executed in any number of counterparts, each
of which shall be deemed an original constituting one and the same instrument.
[SIGNATURES APPEAR ON FOLLOWING PAGES]
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Exhibit "A"
EXECUTED on this the 11�1'1day of the month of ,2015.
CITY OF ROUND ROCK,TEXAS
By:
Name: Vl
Title:
Date Signed:
Address for Notice:
ATTEST:
By: g"/4- .(�l.K/-
City Clerk
FOR CIT PROVED iS TO FORM:
By: ITAA I L�i
City Attney
i
5
Exhibit "A"
EXECUTED on this the day of the month of ,2015.
TRAVIS COUNTY,TE
By:
Name: AQA5C1,(t4AYLt7 -
Title: C.00t-sC-( 3J1�C
Date Signed:
Address for Notice:
6
Exhibit "A"
CO Y11 Ji ACJLO�1��OF\rR,yi
AWARD TRAVIS COUNTY , \ ,
PURCHASING OFFICE
700 LAVACA STREET,8'FLOOR U)
AUSTIN,TEXAS 78701 TE OF sties
THIS CONTRACT IS ENTERED INTO BETWEEN TRAVIS COUNTY AND THE CONTRACTOR NAMED
BELOW, PURSUANT TO TEXAS LOCAL GOVERNMENT CODE, CHAPTER 262 OR 271, IN
ACCORDANCE WITH THE REFERENCED SOLICITATION.
CO!RRACMO: SOUMATION NO. DATED:
4400001033 B120217-CW Jul 24,2012
CONIRACC AMOUNT: DELMERY DATE OR TERM OF COMRACr:
N/A
CODE:
CONTRACTOR 1000000092 July 25,2012 through July 24,2013
AWARDED AS TO UEN.(Sr
McEachern Enterprises,Inc.d/b/a
Superior Septic Portable Toilet Mental and Servicing
Attn:Ray McEachem
8 Indian Meadows
Round Rock,Texas 78665
REMARKS
Scope of Contract: The contractor shall provide Portable Toilet Rental and Servicing
Services for Travis County, in accordance with the Terms, Conditions and Specifications of
the contract.
THIS CONTRACT ISSUED PURSUANT TO AWARD MADE BY COMMISSIONERS COURT ON July 24,2012
CYD .GRANES,C.P.M. DATE
COUNTY PURCHASING GENT
Exhibit "B"
Travis County Bid 6120217-CW
Bid Tabulation Packet
for
Solicitation 812021-Clff
PORTABLE �il"OlLET RENTAL AND SERMd MG
:y
f
i'? 0
Travis County
Jul 20,2012 3:11:25 PM CDT BidSync,LLC P 1
Travis County Bid B120217-CW
Bid #B1202317-CW- PORTABLE TOILET (REWAL AND SERVICING
Creation Date May 11,2012 End Date Jun 4,2012 9:00:00 AM COT
Start Date May 11,2012 3:57:34 PM CDT Awarded Date Not Yet Awarded
B120217-CW-01-01 Rental of standard portable toilet with Once(1)a Week Service
Supplier Unit Price Qty/Unit Total Price Attch. Docs
Superior FAmVc CAdt First Offer- $44.00 12/month $528.00 Y
Product Code: Supplier Product Code:
Unit Amount Text: Supplier Notes.-
Total
otes:Total Amount Text:
Agency Notes:
Aggln�� 11 First Offer- $59.00 12/month $708.00 Y
Product Code: Supplier Product Coda:
Unit Amount Text: Supplier Notes:
Total Amount Text:
Agency Notes:
United Slte Services of iifomla Inc. Ad First Offer- $65.00 12/month $780.00 Y j
Product Code: Supplier Product Code:
Unit Amount Text: Supplier Notes:
Total Amount Text:
Agency Notes:
POWERMIND GLQ3AL3f3VjCE 5 First Offer- $1,955.00 12/month $23,460.00 Y
Product Code: Supplier Product Code:TK78-A
Unit Amount Text: Supplier Notes:
Total Amount Text;
Agency Notes:
8120217-CW-01-02 Rental of standard portable toilet with Twice(2)a Week Service
Supplier Unit Price Qty/Unit Total Price Attch. Docs
Superior Septic rAdl First Offer- $59.00 12/month $708.00 Y
Product Code: Supplier Product Code:
Unit Amount Text: Supplier Notes:
Total Amount Text:
Agency Notes:
Austin Outhouse First:Offer- $80.00 12/month $960.00 Y
Product Code: Supplier Product Code.-
Unit
ode:Unit Amount Text: Supplier Notes:
Total Amount Text:
Agency Notes:
United Site Seryl=of Callfbmfa.Ing,fAdl I First Offer- $115.00 12/month $1,380.00 Y
Product Code: Supplier Product Code:
Unit Amount Text: Supplier Notes:
Total Amount Text:
Agency Notes-
(POWERMIND GLQBAL SERVICE I IFIrst Offer- $1,966.00 12/month $23,592.00 Y
Product Code: Supplier Product Code:TK78-9
DUnit Amount Text: Supplier Notes:
otal Amount Text:
Agency Notes:
B� I202i7-CW-01-03 Rental of wheelchair accessible portable toilet with Once(1)a Week Service
5i uPPIEer Unit Price QW/UnitI Total Price Attch. Docs
,Superior Septic rAdt First Offer- $69.00 12/month 1 $828.00 y
Product Code: Supplier Product Code:
lUnitAmount Text; Supplier Notes:
ITatal Amount Text:
ry
Agen
( Notes:
Agency
Outhouse j First Offer- $79.00 1 12/month $948.00 y
Jul 20,2012 3:11:25 PM CDT 9idSync,LLC
y2
Travis County Bid B1202i7-CW
Product Code: Supplier Product Code:
Unit Amount Text ISuppller Notes;
Total Amount Text IAgency Notes:
United Sfte Servfoes of Callfomla.Inc.rAdl First Offer- $115.00 12/month $1,380.00 y
Product Code: Supplier Product Code:
Unit Amount Text: Supplier Notes:
Total AmountText.,
I
Agency Notes:
EQWERMINn�GLQEAL3L9= r- $2,020.00 22/month $24,240.00 y
Product Code: Supplier Product Code:TK98-A
Unit Amount Text: Supplier Notes: f
Total Amount Text:
Agency Notes:
6120217-CW-01.04 Rental of wheelchair accessible portable toilet with Tvdce(2)a Week Service
Supplier , Unit Price Qty/Unit Total Price Aitch. Docs
Superior Septic fMj First Offer- $84.D0 12/month $1,008.00 y
Product Code: Supplier Product Code: i
Unit Amount Text: Supplier Notes: !
Total Amount Text:
Agency Nobel:
Austin Outhouse First Offer- $85.00 12/month $1,020.00 y 1
Product Code: Supplier Product Code:
Unit Amount Text: Supplier Notes:
Total Amount Text:
Agency Notes:
United Srte Smices of 9416fornia,IM FAdl First Offer- $165.00 12/month $1,980.00 y !
Product Code: Supplier Product Code:
Unit Amount Text: Supplier Notes:
Total Amount Text:
Age Notes:
POMRMIND GLOBAL SERVICE 1 IFIrst Offer- $2,025.00 12/month $24,300.00 y
Product Code: Supplier Product Code:TK98-8
Unit AmountText: Supplier Notes:
Total Amourtt Text:
Agency Notes:
6120217-CW-01-05 Additional Cleaning Service
Supplier Unit Price Qty/Unit Total Price Attch, Docs
Superior SentiC fAdl First Offer- $7.00 12/month $84.00 y
PProduct Codec Supplier Product Code:
it Amount Text: Supplier Notes:
(Total Amount Text
'Agency Notes:
Austin Outhouse I I First Offer- $15.00 12/month $180.00 y
Product Code: Supplier Product Code:
Unit Amount Text Supplier Notes:
Total Amount Text:
Agency Notes:
United Site Services of California Inc. Ad First Offer- $35.00 12/month $420.00 y !
Product Code: Supplier Product Code:
Unit Amount Text: Supplier Notes:
Total Amount Text:
Ag�Nates:
POWERM Q GLOBAL SERVICE First Offer- $1,265.00 12/month
Code: SuppProduct
$15,180.00 y
Product C -pp--lier ProPro
----- duct Code:CL8798
Unit Amount Text Supplier Nobes•
ATotal Amount Text:
gency Notes:
Jul 20,2012 3:11:25 PM CDT BidSync,LLC
P.3
Travis County Bid 8120217-CW
6120217-CW-01-06 Rental of Handwashing Station Bravo or Equal
Supplier Unit Price /Unit Total Price Attch. Docs
5.11perfor Septic LJW ! First Offer- $40.00 12/month $480.00 y
Product Code: Supplier Product Code:
Unit Amount Text: Supplier Notes: I
Total Amount Text:
Agency Motes:
Austin Outhouse First Offer- $59.00 12/month $708.00 y
Product Code: Supplier Product Code: f
Unit Amount Text: Supplier Notes:
Total Amount Text:
Agency Notes:
UQW S is o Califomia,1P&.=jWj First Offer- $110.00 12/montfi $1,320,00 y
Product Code: Supplier Product Code: i
Unit Amount Text: Supplier Notes:includes service once a week
Total Amount Text
Agency Notes:
POWERMIND PAL SERVICE I IFIrst Offer- $1,886.00 12/month $22,632.00 y
Product Code: Supplier Product Code:HW654 i
Unit Amount Text: Supplier Notes: j
Total Amount Text
Agency Notes:
8120217-CW-01-07 Rental of Handwashing Station Applause Or Equal I
Supplier Unit Price Qty/Unit Total Prf•Le Attch. Docs
Superior Septic r&fl First Offer- $40.00 12/month $480.00 y
Product Code: Supplier Product Code.-
Unit
ode:Unit Amount Text: Supplier Notes:
Totai Amourrt Text:
Agency/Motes: i
A in Outho Flrst Offer- $65.00 12/month $780.00 y
Product Code: Supplier Product Code:
Unit Amount Text: Supplier Notes:
Total Amount Text
Agency Notes:
GLOBAL 5 RVICE First Offer- $1,886.00 12/month $22,632.00 y
Product Code: Supplier Product Code:HW654
Unit Amount Text: Supplier Notes:
Total Amount Text:
,Agency Notes:
6120217-CW-01-08 Rental of 4 Person Handwash Station
Supplier Unit Price Qty/Unit Total Price Attch. Dors
Su or Se c rAdl First Offer- $60.00 12/month $720.00 y
Product Code: Supplier Product Code:
Unit Amount Tinct: Supplier Notes:
Total Amount Text
Agency Notes:
A O u Flrst Offer- $69.00 12/month $828.00 y
Product Code: Supplier Product Code:
iUnit Amount Text: Supplier Notes:
Total Amount Text
Agency Notes:
First Offer- $148.00 12/month $1,776.00 y
Product Code: Supplier Product Code:
:Unit Amount Text: Supplier Notes:
1Total Amount Text:
Agency Notes:
POWERMIND GLOBAL SERVICE i IFIrst Offer- $1,555.00 12/month $18,660.00 y
Product Code: Supplier Product Code:HW8787
Unit Amount Text: ;Suppller Notes:
Jul 20,2012 3:11.25 PM CDT BidSync,LLC p,4
Exhibit "B"
Travis County Bid B120217-CW
CTotal Amount Text: i
Agency Notes:
6120217-CW-01-09 Pro-Rated Daily Rate for Rental of Toilet
Supplier Unit Price Qty/Unit Tow Price At1ch. D�
Austin Outhouse ! Fust Offer- $1.97 1/day $1.97 Y
Product Code: Supplier Product Code:
Unit Amount Text: Supplier Motes;
Total Amount Text:
Agency Notes:
United Sfte Services of California.IDL_M First Offer- $2.32 1/day $2.32 Y j
Product Code. Supplier Product Code:
Unit Amount Text Supplier Notes:
Total Amount Text:
Agency Notes:
Superior Septic I IFfrst Offer- $25.00 1/day $25.00 Y
Product Cade: Supplier Product Code:
Unit Amount Text: Supplier Notes: I
Total Amount Text
Agency Notes:
I
S R I IFIrst Offer- $30.00 1/day $30.00 Y
Product Code: Supplier Product Code:HY87
Unit Amount Text: Supplier Nates:
Total Amount Text:
Agency Notes:
Supplier Totals
Sup
erior Seotic FAd1 $4,867..00 !
(9191bems),
Bid Contact Ray McEachern Address 8lndian Meadows
suoeriorseuHcS&�aol.c�m Round Rack,TX 78665
Ph 512-244-6300
i
Fax 512-244-9015
Agency Notes: Supplier Notes: I
Austin Outhouse $6,133.97
(9/9 Items)
Bid Contact Trish Rivera Address PO Box 685018
!
trish0austinauthOuse.cam Austin,TX 78768 i
Ph 512-448-2699
Agency Nates: Supplier Notes: 1
POWERMIND GLOBAL SERVICE $174,726.00 (9/9 items)
Bid Contact ROODY SILVERAIN Address 600 SW 28TH DR
roodv silveralnEvahoo.com FORTLAUDERDALE,FL 33312
Ph 561-369-4623
Agency Notes: Supplier Notes:
United Site Servicers of California,Inc Ad 1 $9,038.32 (8
/9 items)
Bid Contact Debbi Thornton Address 3408 Hillcap Avenue
goytblds4�unitedsiteservices.coM San Jose,CA 95136
Ph 408-927-4280
Agency Nom; Supplier Notes:
Jul 20,2012 3:11:25 PM CDT BidSync,LLC
P.5
Exhibit
xTI,.,Illi.,,,it
Travis County Bid B120217-CW
Superior Septic
Bid Contact Ray McEarhern Address 8Indian Meadows
suP&riarwratir5@aol.rPm Round Rock,TX 78665
Ph 512-244-6300
Fax 512-244-9015
Item# Line Item Notes Unit Price Qty/Unit Total Price Attch. Docs
B120217-CW--01-01 Rental of Supplier First Offer- $44.00 12/month $528.00 Y
standard portable Product Text: Text:
toilet with Once(1) Code:
a Week Service
6120217-CW--01-02 Rental of Supplier First Offer- $59.00 12/month $708.00 Y
standard portable Product Text: Text:
toilet with Twice Code:
(2)a Week
Service
B120217-CW--01-03 Rental of wheel Supplier First Offer- $69.00 12/month $828.00 Y
chalraccessible Product Text: Text:
portable toilet with Code:
Once(1)a Week
Service
6120217-CW-01-04 Rental of wheel Supplier First Offer- $84.00 12/month $1,008.00 Y
chair accessible Product Text Text:
portable toilet with Code:
Twice(2)a Week
Service
6120217-CW-01-05 Additional Supplier First Offer- $7.00 12/month $84.00 Y
Cleaning Service Product Text Text:
Code:
B320217-CW--01-06 Rental of Supplier First Offer- $40.00 12/month $4 .00 Y
Handwashing Product Tinct; Text.
Station Bravo or Code:
Equal
B120217-CW-01-07 Rental of Supplier First Offer- $40.00 12/month $480.00 Y
Handwashing Product Text: Text:
Station Applause Code:
Or Equal
8120217-CW-01-08 Rental of 4 Person Supplier First Offer- $60.00 12/month $720.00 Y
Handwash Station Product Text: Text:
Code:
B120217-CW--01-09 Pro-Rated Dally Supplier First Offer- $25.00 1/day $25.00 y
Rate for Rental of Product Text Text:
Toilet Code:
Supplier Total $4,861.00
Jul 20,2012 3:11:25 PM CDT BidSync,LLC D.6
Exhibit "'B"'
Travis County Bid 8120217-Cw
Supplier: Superior Septic
Awe
SOLICITATION NO.B120217-CW
PORTABLE TOILET RENTAL AND SERVICING
DOCUMENTS ARE DUE PRIOR TO:
Jun 4,2012 9:00:00 AM CDT
LATE BIDS WILL BE RETURNED UNOPENED
DOCUMENTS MAY BE SUBMITTED ELECTRONICALLY TO:
www.bi&,mc.com
DOCUMENTS MAY BE MAILED OR DELIVERED TO:
Travis County Purchasing Office
700 Lavaca Street,Suite 800
Austin TX 78701
Bids will be opened publicly and read in the Office of the Travis County Purchasing Agent If mailed
or delivered in person,write the bid number on the envelope in the lower left corner.
Time Critical Bid/Proposal Deliveries: Travis County does not guarantee that any bid/proposal sent
Priority Mail will be picked up and delivered by the closing date and time. It is recommended that
critical bid/proposal deliveries be made either electronically or in person.
Jul 20.2012 3:11:25 PM CDT BidSync,LLC p.7
Exhibit "B"
Travis County Bid 8120217-CW
CURRENT LOCATION AND QUANTITY SCHEDULE
CE H E S VICING L CA NS•
LOCATION NUMBER OF UMTS SERVICE DAYS
Hamilton Pool 24300 Hamilton Pool Rd.Dripping Spring,TX 78620 1 Re and 1 ADA Monday Oct 1 -Mar 31
Dink Pearson 301 Lohman Ford Rd.Lago Vista,TX 78645 1 (ADA) Tuesday Jan 1-Dec 31
Arkansas Bend 16900 Cherry Ln.Lao Vista,TX 78645 2(Reg)and 1 ADA Tuesda Jan 1-Dec 31
Tom Hughes 12714 Hughes Park Rd.,Austin,TX 78732 1 e Tuesda A r 1-Oct 3I
Cypress Creek 13800 Bullock Hollow Rd.,Austin,TX 78726 2 ADA Tuesday Jan 1-Dec 31
Little Webberville 100 Water Street Webberville,TX 78621 1 ADA Friday Jan 1 -Dec 31)
Webberville Park 2305 Park Lane,Elgin,TX 78621 3(ADA) Friday(Jan 1-Dec 31)
Mary Quinlan 1601 Quinlan Park Rd.South,Austin,TX 78732 1(Reg) Friday(Jan 1-Dec 31)
Selma Hughes 11921 Selma Hughes Park Rd.,Austin,TX 78732 1(ADA) Friday(Jan 1-Dec 31)
FM 1431 Transfer Station 1.5 Miles West of 183,Leander,TX 78641 1(Reg) Thursday(Jan I-Dec 31)
Milton Reimer Ranch 23610 Hamilton Pool Road,Dripping Springs,TX 78620 4(ADA) Thursday(Jan 1-Dec 31)
Northeast Metro 2703 Pecan Street,Pflugerville,TX 78660 3(ADA) Friday(Jan 1-Dec 31)
International Cemetery 3604 Axel Lane,Austin,TX 78721 1(ADA) Tuesday(Jan 1-Dec 31)
Westside Service Center 4501 FM 620,Austin,TX 78732
1(Reg) Wednesday(Jan 1-Dec 31)
Eastside Service Center Blue Bluff Road,Manor TX,78653
1(Reg) Wednesday(Jan 1-Dec--3 1)
Cemetery 14510A Wells School,Manor,TX 78653 1 (Reand 1 (ADA) Wednesday(Jan 1-Dec 31)
Bitting School 10404 Bitting School Road,Manda,TX 1 e and 1 ADA Wednesday(Jan 1-Dec 31)
Gilbert Lane Corner of Gilbert and FM 969,Austin,TX 1 e and 1 ADA Wednesday(Jan 1-Dec 31)
Cameron Road 18388 Cameron Road,Austin,TX 78653 1 Reg and 1 ADA Wednesday(Jan 1-Dec 31)
TWICE PER G O ARONS:
Loop 360 5201 Capital of TX Hwy.N.,Austin,TX 78746 1 (Reg)and 1 (ADA) Tuesday&Friday(Jan 1-Dec 31)
Southeast Metro Park 4511 Hwy 7113,Del Valle,TX 78617 3(ADA) Tuesday&Friday(Feb 15-Nov 30)
Bob Wentz 7144 Comanche Trail,Austin,TX 78732 1(Reg) Monday&Thursday(Jan 1-Dec 31)
Hamilton Pool 24300 Hamilton Pool Road,Dripping Springs,TX 78620 1 e and 1 ADA Monday&Thursday(Apr 1-Sep 30)
NOTE:The contractor shall be required to provide units and service the locations listed above throughout the term of the contract.The quantities listed
above represents current units at each location.however,the number of units at each loo^ation may be adjusted up or down per County's desire.
Jul 20,2012 3:11:25 PM CDT BidSync,LLC
P.8
Travis County Bid 8120217-4,W
SPECIFICATIONS
1. GENERAL: Contractor to provide all labor, parts, materials and transportation necessary to
lease and service portable toilet facilities to Travis County, for public use within Travis County
Parks and other designated areas.At least one handicap accessible toilet must be delivered to each
designated park site,as listed in the location and quantity schedule.
2. I'I'MS AND SERVICES: The following is a list of requirements for all portables that are
furnished:
2.1 Units to be Port-O-Let style or similar.
2.2 Units to be solid with good ventilation.
2.3 Adequate natural lighting.
2.4 Non-skid floors.
2.5 Spare Paper Holders.
2.6 Hand Sanitizer Dispensers
2.7 Units to be numbered for monthly billing purposes.
2.8 Units need to be light-colored and completely free from graffiti.
2.9 Toilet paper holders need to be locked in place.
2.10 Hand Washing Stations to be serviced on same day as port-a-let services
2.11 Service to include pumped out, deodorized, Cleaned, wiped down, swept out, graffiti
removed inside and out,hand sanitizers filled and toilet paper replaced with full rolls.
NOTE: All units shall comply with local and State health code requirements.
3. PORTABLE HANDICAP TOILET REQUIREMENTS: The Contractor shall furnish at least
one portable handicap toilet at each designated site referenced in the Location and Quantity
Schedule, and at other locations when requested. All handicap units must comply with Uniform
Federal Accessibility Standard (U.F.A.S)requirements and all Federal,State and local Statutes.
The portable handicap toilets shall have as a minimum,the following features:
3.1 Ample Wheelchair Access.
3.2 Non slip tread plate.
3.3 ADA gab bars.
3.4 Self closing door.
4. DOCUMENTATION REOUIREPRENTS: The Contractor shall submit literature, upon
request,on the portable toilet facility.
5. ADDITIONAL CLEANING REOMEMENTS: In the event non-scheduled services are
required the contractor.shall provide additional cleaning (in addition to regularly scheduled
cleaning) of eiisting units, and any additional units ordered as required. Any additional
cleaning required will be called for through issuance of a Purchase Order, and shall be at the
price listed. The contractor shall provide this service within twenty-four (24) hours of
notification(issuance of a Purchase Order).
6. ADDITIONAL UNIT REOUYREMENTS: The contractor shall provide additional toilets(in
addition to those listed on the locations and quantity schedule) as required. Any additional
toilets required will be called for through issuance of a Purchase Order,and shall be at the price
listed.The contractor shall provide any additional units called for within twenty-four(24)hours
of notification(issuance of a Purchase Order).
Jul 20,2012 3:11:25 PM CDT SidSync,LLC F o
Exhibit "B"
Travis County Bid 8120217-C11
SPECIAL PROVISIONS
1. SCOPE OF CONTRACT: This is a firm fixed-price, estimated quantity contract calling for delivery
of the products or services at the stated prices submitted by the bidder. Upon acceptance of a bid by
Travis County Commissioners and issuance of a Contract Award by the Travis County Purchasing
Agent, Bidder shall be obligated to deliver the products at the stated prices, within the time specified,
and in accordance with all Terms and Conditions, and General Provisions contained herein. The
quantities stated are the best estimates of Travis County's needs for one (1) year. They represent a
realistic estimate based on past consumption for purposes of securing a bid price. The quantities are not
firm and are not hereby ordered or called for. Actual requirements will be stated through issuance of
individual purchase orders against the contract, and no obligation to pay for any quantities shall be
deemed to exist unless or until such orders are issued. Delivery Schedule listed by bidders on the face of
this IFB shall apply to the individual Purchase Orders.
2. TERM OF CONTRACT:The contract shall be for a twelve(12)month period(one year)commencing
on Tune 25,2012,or upon award by the Travis County Commissioners Court,whichever is later,with an
option to renew for two(2)additional twelve(12)month period.
3. OPTION TO EXTEND:County may unilaterally extend this Contract for(i)two (2)additional one(1)
year periods and(ii)three(3)additional one(1)month periods(individually,an"Option to Extend" and
collectively, the "Options to Extend"), and all.provisions of this Contract, except for term and price,
shall remain unchanged and in full forme and effect. County shall exercise an Option to Extend no
sooner than ninety(90)days prior to expiration of the then current term. The total term of this Contract,
including the Options to Extend,shall not exceed thirty-nine(39)months. County shall have the right to
exercise all or a portion of the Option to Extend in any combination it deems necessary.
4. METHOD OF AWARD:Award, if any, will be made to the responsible bidder submitting the lowest
bid price(s) for the item(s) as specified in Schedule of Items and meeting all the requirements of this
Invitation for Bid. Travis County reserves the right to award by "all or none" or by "line item" basis.
Bidder must bid on all line items in order to be considered responsive to this Invitation for Bid.
5. LOCATIONS: Contractor will be required to perform services at various locations located throughout
Travis County.The names and locations of each site will be listed on each purchase order issued.
6. CLEANING SERVICES: Shall be a minimum as required Current Location and Quantity Schedule.
Travis County reserves the right to request additional cleaning,if necessary.
7. EXAMINATION OF PREMISES: Upon submission of bid, the bidder certifies that they have
examined the locations and is satisfied as to the existing conditions under which he/she will be obligated
to operate.
8. LEGAL REQUIREMENTS AND PERNIITS: The successful Contractor shall incur all expenses for
all necessary licenses and permits and shall conform to all laws,regulations, and ordinances applicable
to the performance of this contact.
Jul 20,2012 3:11:25 PM CDT BidSync,LLC P.10
Exhibit "B"
Travis County Bid B120217-cw
9. CONTRACT ADMINISTRATOR: For purposes of monitoring performance, establishing
requirements, approving and coordinating schedules, the County department named below shall act as
contract administrator on behalf of Travis County.
Transportation&Natural Resources
Attu.: Travis County Fleet Manager
411 West 13th Street
Austin,Texas 78701
(512)8549383
10.ENVIRONMENTAL COMPLIANCE: Vendor agrees that it shall be grounds for termination of the
contract if the vendor, business owner or operator, partner, affiliated corporation, or subsidiary is in
substantial violation of an applicable environmental requirement relating to environmental quality,
including but not limited to the federal Clean Water Act (CWA), federal Clean Air Act (CAA),
Resource Conservation and Recovery Act (RCRA), Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA), Chapters 26 and 27 of the Texas Water Code, Chapters
361 or 382 of the Texas Health and Safety Code, or local ordinances and code. Substantial violation
means one or more violation of an applicable environmental requirement resulting in the potential for a
significant adverse impact on human health, aquatic life, a surface or groundwater resource, or
enjoyment of property,including any violation resulting in a civil or administrative enforcement action.
Applicable environmental requirement means an environmental law, regulation, county or municipal
ordinance,permit,order,consent,decree,or other requirement.
Within ten(10)days of receipt of any Notice of Violation,Notice of Enforcement,or other citation from
the Texas Commission on Environmental Quality (TCEQ) associated with the Contractor's facilities,
Contractor shall notify the Purchasing Agent in writing. Contractor shall notify the Purchasing Agent of
TCEQ's requirements for resolution of Notice of Violations,within ten(10)days of resolution.
Vendor shall ensure that any facility or operation that is the subject of this contract or related to this
contract will be operated and maintained in conformance with all federal, state, and local requirements
for wastewater discharge, storm water management, solid waste (including hazardous waste)
management, petroleum product, oil, and hazardous substance storage and management, and similar
environmental management.
Vendor must maintain an accurate and up-to-date spill prevention and spill response plan that can
immediately be implemented to address and contain a spill or discharge of any hazardous substance,
solid waste, or hazardous waste. Vendor shall ensure each facility has staff trained and qualified to
immediately implement a spill response plan,if the need should arise.
Jul 20,2012 3:1125 PM CDT BldSync,LLC P.11
Exhibit "B"
Travis County Bid 8120217-CW
Vendor shall ensure the use of best industry practices for the management of waste at its facilities and
operations. For purposes of this contract, the failure to respond to any Notice of Violation, Notice of
Enforcement, or other citation issued after the date of this contract, in the manner and within the time
prescribed in such Notice of Violation,Notice of Enforcement,or other citation,as defined in the Travis
County policy regarding consideration of the safety record of bidders, for a violation of an
environmental protection law or regulation at a facility, or for any Contractor affiliated company or
operation associated with the facility, shall be deemed evidence of failure to use best industry practices
and shall be grounds for terminating this contract.
11.DOCUMENTATION: Bidder shall submit the following documents with his bid, or at a minimum,
subsequent to bid opening, as applicable. HOWEVER,IT SHOULD BE UNDERSTOOD BY ALL
BIDDERS THAT TRAVIS COUNTY RESERVES THE
RIGHT TO REJECT BID SUBMISSIONS THAT DO NOT CONTAIN ALL OF THE
DOCUMENTATION DETAILED BELOW.
A. Three complete sets of bid package(Manual Submission)
B. Ethics Affidavit nth Bid)or Notarized Ethics Affidavit(Manual Submission)
C. Historically Underutilized Business(HUB)Declaration(with bid)
D. Safety Questionnaire(With Bid)
E. Environmental Compliance Questionnaire(With Bid)
F. Insurance Certificate(after award)
Jul 20,2012 3:11:25 PM CDT BidSync,LLC p.12
Exhibit "B"
Travis County Bid 8120217-CW
Supplier: Superior Septic
August 2010 BIDDING INSTRUCTIONS For INVITATION FOR BIDS(IFB)
1. PREPARATION OF BIDS: Bids will be prepared in accordance with the fallowing:
(a) Bidders must thoroughly,xamin the drawings,specifications,scbedule,instructions and all other IFB documents.
(b) Bidders sball make all investigations nccesmry to thoroughly inform themselves regarding plant and facilities for delivery of material and equipment
as required by the bid coalitions.
(c) All information required by the bid form must be furnished. The bidder an"print or type his name and manually sign and retain three individual
copies of the Invitation for Bids
(d) Alternate bids will not be considered unless authorized by the Invitation for Bids.
(e) Bidder must act include federal nor Texas limited sales,excise and use taxes in bid prices since the County is exempt from payment of such taxes_
(TEX.TAX CODE ANN.151309(Vernon Supp.1995})
(f) If no entry is made in the"BIDDING ON'blank atter each item,if used,the Contractor shall famish the exact brand name and model number
specified in the item description.
2. DESCRIPTION OF SUPPLIES: Any catalog or manufacture s reference used in dcsaRtiag an it®is merely descriptive,and not restrictive unless
otherwise noted,and is used only to indicate type and quality of material.Bidders must state exnttly what they intend to fmnisb.
3. CLARIFICATION OR OBJECTION TO BID SPECIFICATION:if any person coatrmplating submitting a bid far this contract is in doubt about
the true meaning of any part of the specifications or other bid documents,he may submit a request for clarification to the Purchasing Agent. All requests
for clarification must be in writing and delivered to the Purchasing Agent at]east 5 days before the scheduled bid opening. The person submitting the
request is responsible for delivering it on time. Interpretations of the bid will only be made by Bid Amendment,which w91 be provided to each person
receiving a set of bid documents. Any objection to the specifications and requirements in this bid must be tiled in writing with the Purchasing Agent at
least 5 days before the scheduled bid opening,Bidders cannot rely on any explanation or interpretation that is not in compliance with this paragraph.
4. PRE-BID CONFERENCE:This section applies if a pre-bid conference is included in the solicitation requirements:
(a) By submitting a bid,the bidder warrants that helshe is fully satisfied that these specifications,as amended if applicable,accmatclydesaibc or indicate
that all conditions,site or otherwise,have been taken into account in determining the bid priec(s). There will be no increase in the contract price based
upon a bidder's misunderstanding or lack or knowledge about the intent of this solicitation.
(b) Bidders arc camumgrd to attend the Prr Bid conference and make their attendance a matter of record by completing a sign-in roster identifying the
prospective bidder,name,and title of their attending representative.
(c) The pmposc of the Pre-Bid Conference is to insure;
(1) Aclear understanding ofCountyneeds,
(2) The accuracy ofspecifications,descriptions,and solicitation tams,conditions,and documents,
(3) Identifying any problems that might prevent obtaining the proper smites or equipmenVsuppties,at a fair and reasonable price,or any issues that
inhibit a fair and a==c solicitation or restrict competition.
(d) Bidders having questions concerning specifications should suhmit them in writing to the County Purchasing Agent at the address shown on Page 1 of
this solicitation. Questions should be submitted not later than one week preceding the date set for the Pre-Bid Conference so that appropriate information
may be researched and made available dating the Pro-Bid Conference to all concerned.
(e) Any changes resulting from the Prc-Bid Conference affecting specifications,the scope of work,or which may require an extension to the bid opening
date will be reduced to writing in the form ofan amendment to this solicitation Such amendment will be disseminated to all prospective bidders
5. SUBMISSION OF BEDS:Travis County uses BidSyne to distribute and receive bids and proposals. There will be NO COST to the vendor forbids
or proposals conducted by Travis County.Bids can be submitted electronically through RFP Depot or by hard copy.Refer to www.bidsynccom for further
information.
Should you choose to submit your bid by hard copy,Bids and Bid Amendments must be enclosed in SEALED ENVELOPES and delivered to the
Purchasing Agent at the address within. The NAME AND ADDRESS OF BIDDER the DATE OF THE BID OPENING,MATERIAL OR
SERVICES BID ON,and the IFB NUMBER must be placed on the outside of the envelope.
(a) Bids must be submitted in triplicate on the forms furnished. Other bid forms are not acceptable. Telegraphic bids will not be considered;however,
bids may be modified by telegraphic notice if it is received before the time and date set for the bid opening and specific bid prices are not exposed by the
amendment
(b) Bidder warrants that his price shall remain firm and subject to acceptance by the Commissioners Court for a period of 90 calcodar days after bid
Opening date,unless otherwise indicated in his bid
(c) When stipulated by the Invitation for Bids,bidder must submit a Bid Bond in an amount equal to 5%of his bid. Bid Bond must be submitted with
the bid in the form of a SURETY BID BOND exewtcd with a Surety Company authorized to do business in Texas, CASHIERS CHEM OR
IRREVOCABLE LETTER OF CREDIT,made payable to Travis County. Bid Bond in each form shall be conditioned on the succes M bidder
executing a contract and providing a Performance Bond,if required. Bid Bonds shall be returned 10 days after either contract award or the successful
bidder providing s Performance Bond,if required,whichever is later.
(d) Biddcrs are required to submit their bids upon the following express conditions. No plea of ignorance by the bidder of conditions that exist or that
may exist as it result of failure or omission by the bidder to make the necessary investigations,or failure to fulfill in every detail the requirements of the
contract documents,will be accepted as a basis for varying the requirements;of the County or the compensations to the contractor_
(c) The bidder must provide unit prices where required and if a conflict between the unit price and total price exists,the unit price shall govern.
6. BID PRICES:Unit prices quoted shall remain firm for the period of the contract and shall include the cost of shipping and delivery of all items to the
designated FOB point and shall not include Federal or State of Texas salts,excise and use taxes. Bidder must include any and all cost in the delivered unit
price entered in the Schedule of Items.
7. WITHDRAWAL OF BIDS:Bidders may not withdraw Weir bid after the time set for bid opening,unless approved by the Commissioners Court,
8. LATE BIDS OR MODIFICATIONS:The Purchasing Agent will not accept bids and modifications to bids received alter the time set for bid
opening.
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Travis County Bid 8120217-CW
9. RE3ECIION OF BIDS:County may reject a bid if it is not satisfactory to Commissioners Court.
(a) No bid submitted shall be favorable considered ifthe bidder is determined,in the sole discretion of County,to be delinquent in the payment of County
property taxes when bids are opened.
(b) The County may reject all bids and re•advcrtisc if appropriate,whenever it is deemed in the best interest of the County and may reject any part of a bid
unless the bid has been qualified as all or nine. Nsaancc of this solicitation does not commit County to pay any costs incurred in the preparation of a bid.
10. PRE-AWARD SURVEY:After bid opening and before award,County may perform a prc-award survey of the biddds facilities and equipment to be
used in the performaace of work under this solicitation_ Bidder agrees to allow all reasonable requests for inspection of his facilities with 2 days advance
notice.
11 AWARD OF CONTRACT:Commissioners Court shall either award the contract to the responsible bidder who submits the lowest and best bid or
may reject all bids and issue a new solicitation. If two responsible bidders submit the lowest and best bid,the Commissioners Court shall decide between
the two by drawing lots in a manner prescribed by the County Judge. A contract may not be awarded to a bidder who is not the lowest dollar bidder
meeting specifications unless,before the award,each lower bidder is given notice of the proposed award and is given an opportunity to appear before the
Commissioners Court and present evidence concerning the lower bidder's respotut-bility or responsiveness. The County may also waive any minor
informalities or irregularities in any bid.
(a) The County may accept any item or group of items in this bid,unless the bidder limits acceptance of his bid to an"All or None"basis.
(b) Prices must be quoted F.OJ3.DESTINATION with all transportation charges prepaid,unless otherwise specified in the Invitation for Bids.
(c) The Delivery Timc or Delivery Schedule ofracd by bidders will be considered is determining the lowest and best bid.
(d) If the state where a nonresident bidder has its principle place of business discriminates against Teas bidders,Texas law requires that nonresident
bidder to underbid Texas bidders by the same amount that Texas bidders would be required to tmderbid that bidder in its home stale. TEX.GOVR"CODE
ANN.,cb.2252(Vemon Supp.1995).This provision does not apply to a contract involving federal funds.
(e) Prompt payment discounts will not be considered in determining low bids and making awards.
(1) A binding contract results wbm the Purchasing Agent signs a"Contract Award"sheet,attaches it to the Invitation For Bid,and deliveries it to the
bidder who completed it and returned it as his bid.
12. PURCHASE ORDER:Contractor will not deliver any items and/or perform any services until a purchase order mrmbcr is assigned by the designated
representative of the County Purchasing Office.Contractor will reference purchase order and contract number on all invoices submitted to the Travis
CountyAuditor. Upon issuance of a purchase order,the contract administrator will call the Contractor with the items needed or work to be performed
The Contractor must respond by supplying the parts or performing the maintenance service at the time required. Failure to act in this manna may result in
termination of this contract
13.DELIVERED SUPPLIES:
(a) If the Contractor did not specify what he intends to famish,he must fiunish items as specified in the item description.
(b) Contractor certifies that any substitute brand matches the essential performance and salient characteristics of the Brand Name statin in the item
description and must replace it if it does not conform.
(c) All supplies or equipment shall be the latest improved model meeting specifications in current production at the time of delivery. The delivered items
shall be of new manufitcturc including all pads components,and accessory items Equipment shall be delivered completely assembled,adjusted,serviced,
and ready for continuous heavy-duty service.
14. PROTESTS: Protests before award must be submitted in writing to the Purchasing Agent not later than 6 calendar days after bid opening,and
protests after award must be submittrd within 10 days after award by Commissional Court The Purchasing Agent shall rude on the protest in writing
within 10 days after date of receipt. Any appeal of the Purchasing Agent's decision must be made within 10 days after receipt and submitted to the
Purchasing Agcnt,who shall present the matter for final resolution to Commissioners Court Appellant shall be notified of the time and place the appeal is
to be heard by Comrissioncts Court and afforded an opportunity to present evidence in support ofthe appeal.
15. DISPUTES AND APPEALS:The Purchasing Agent shall act as the County representative in the issuance and administration of this contract'and
shall issue and receive all documents,notices,and correspoodcam Except as provided in Par.34,all documents,notices and correspondence Dot issued by
or to the Purchasing Agent arc void,and arc considered as not having been issued or received If the Appellant does not agree with any statement in a
doarmeut,notice,or correspondence issued by the Purchasing Agent,he must give written notice of the exact point of disagrecnuot to the Purchasing
Agent within 10 days after receipt of the statement If the matter is not resolved to the Appellant's satisfaction,then be shall submit a Notice of Appeal to
the Commissioners Court through the Purchasing Agent within 10 days after receipt of an unsatisfactory reply. Appellant shall then have the right to be
heard by Commissioners Court.
16. HUB PROCUREMENT PROGRAM:
(a) The Commissioners Court unanimously adopted the City of Austin's Minority and Woman-Owned Business Enterprise goals and sub-goals,replacing
the initial 30%HUB goal,to be observed by the County in its award of contracts and subcontracts to certified HUBS.
(b) It is the policy of Travis County that HUBS shall have the maximum opportunity to participate in the performance of county contracts and
snbcoturacts. Contractors shall make a"good faith effort"to take all necessary and reasonable steps to ensure HUBs maximum opportunity to participate
as subcontractors. Failure by a contractor or subcontractor to carry out the County HUB Procurement Program shall constitute a breach of contract,and
after notification of such breach by the purchasing Agent may result in termination of this contract
(c) Far purposes of HUB participation,Travis County shall count the dollar amount of all firm Cued price/fixed quantity contracts,or the dollar amount
of Purchase Orders placed against"Estimated'or"Not to Exceed"contracts.
(d) The following identifies specific procedures to be followed with respect to this Invitation For Bid in compliance with the HUE Procurement Program.
(e) To be eligible under this program,HUB Proposers and subcontractors must:
(1)Be certified as HUB,M/WBE or DBE source by the City of Austin Municipal Govervmmt,Texas Unified Certification Program,or State of
Texas Building and Procurement Commission
(2)Havc on file in the Travis County Purchasing Office a proper Bidder's Application.
(3)Identify the certifying agency and Item/Service for which is certified.
(4)Obtain county approval of all proposed HUB subcontractors through the Purchasing Agent
(f) Complete the HUB Declaration farm and Eligibility Declaration form in this IFB package.
(g) Any third party may challenge a firm's HUB stance before or after certification. Such action shall be in writing and submitted to the Purchasing
Agent,including all relevant information available. If no merit to the challenge is found,the challenging party will be notified by the Purchasing Agent in
writing and the matter will'be considered closed. If merit is found,the firm in question will be notified by the Purchasing Agent of the challenge,who
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l�Aibbt "B"
Travis County Bid 8120217-CW
trade it,and a summary of the allegations The challenged firm shall be required to submit,within a reasonable period of time,information in support of
the firm's HUB status. The Purchasing Agent sball make an evaluation and notify the parties ofa proposed determination,citing the basis for the decision,
and providing an opportunity for an informal hearing to interested parties and affording an opportunity for a written or personal ttsponsc. The Purchasing
Agent shall make a recommendation to the Commissioners Court for a final determination.The Purchasing Agent shall iufomt all interested parties of the
Commissioners Court's ddearai nation and its reasons.A firm's HUB status shall remain accurately certified during the challenging proccdtre and shall not
be changed unless or until a successful challenge is finalized.
17. ConaidorIntereatQuesdonualre
If rcquircd under Chapter 176 Texas Local Government Cade,Contractor shall file a completed Conflict of Interest Questionnaire in accords=with the
requirements of that Chapter.Within the applicable,authorized time period presrnbad in Chapter 176.Contractor shall file the completed Conflict of
Interest Questionnaire with the Travis County Clerk,Recording Division,5501 Airport Blvd.,Austin,Texas 78751.Contractor shall file an updated,
completed questionnaire with the Travis Cmmty Cl-k not later than the seventh(7th)business day after the date ofan event that would make a statement
in the questionnaire incomplete or inaccurate.The Contractor should note that the law requires that the County provide access to a filed Questionnaire on
the official Travis County Internet website.However,the law does not require that the County rdeasc information which is excepted from disclosure under
the Texas Public Information Act.As between County and Contractor,Contractor shall be solely responsible for the preparation of its Conflict of Interest
Questionnaire,the accuracy and completeness of the content contained therein and ensuring compliance with all applicable requirements of Chapter 176,
Local Government Code.
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Travis County Bid 8120217-CW
Supplier: Superior Septic
1. GENERAL DEFINITIONS.
(a) "Commissioners Court"means Travis County Commissioners Court.
(b) "Contract"means the Contract awarded pursuant to this Invitation for Bids.
(c) "Historically Underutilized Business"or"HUB"means any entity or association formed to make a profit in
which one (1) or more persons who are educationally or economically disadvantaged because of their
identification as members of one of the following groups:African Americans, Hispanic Americans,Asian
Pacific Americans,Native Americans or Women of any ethnicity have the following rights:
(1) Own at least fifty-one percent (51%) of all classes of shares or other equitable securities and have
incidents of ownership,including an interest in profit and loss,equivalent to the percentage of capital,
equipment or expertise contributed to the business where ownership is measured as though the
community property interest of a spouse is the separate property of that spouse,if both spouses certify in
writing that the non-participating spouse relinquishes control over his or her spouse, and his or her
community property, and not as if it is subject to the community property interest of the other spouse;
and
(2) Have a proportionate interest and demonstrated active participation in the control, operation and
management of the business's affairs; where control means having recognized ultimate control over all
day-to-day decisions affecting the business,and is be known to,and at least tacitly acknowledged in day-
to-day operations by employees of the business and by those with whom business is conducted, and
holding a title commensurate with that control.
(d) "Is doing business"and"has done business"mean:
(1) Paying or receiving in any calendar year any money or valuable thing which is worth more than$250 in
the aggregate in exchange for personal services or for the purchase of any property or property interest,
either real or personal,either legal or equitable;or,
(2) Loaning or receiving a loan of money; or goods or otherwise creating or having in existence any legal
obligation or debt with a value of more than$250 in the aggregate in a calendar year,
(3) But does not include any retail transaction for goods or services sold to a Key Contracting Person at a
posted,published,or marked price available to the general public,
(4) Any financial services product sold to a Key Contracting Person for personal, family or household
purposes in accordance with pricing guidelines applicable to similarly situated individuals with similar
risks as determined by Contractor in the ordinary course of its business;and
(5) A transaction for a financial service or insurance coverage made on behalf of Contractor if Contractor is
a national or multinational corporation by an agent,employee or other representative of Contractor who
does not know and is not in a position that he or she should have known about the Contract.
(e) "Key Contracting Person"means any person or business listed in Exhibit A to Affidavit.
(f) "Purchasing Agent"means the Travis County Purchasing Agent or her designee.
(g) "Sub-contractor"means a person or firm doing business with you
(h) "We","us",and"our"means Travis County,Texas,a political subdivision of the State of Texas which is a
party to this Contract
(i) "You"and"your"means a person or firm receiving the award for this Contract from Commissioners Court
and which is a party to this Contract.
2. PURCHASING AGENT AUTHORI Y.
(a) The Purchasing Agent is our chief procurement officer and acts as our overall contract administrator. The
Purchasing Agent may designate representatives to transmit instructions and receive information.
(b) We assign a contract manager who oversees the day today work under this Contract on our behalf. Our
contract manager has authority to interpret and define in writing our policies and make decisions about your
performance.
3. TITLE AND RISK OF LOSS. Title and risk of loss pass to us when we have actually received and
accepted goods to be provided under this Contract at the delivery points stated in this Contract or our
purchase order.
4. PACKAGING OF GOODS.
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Exhibit "B"
Travis County Bid 6120217-CW
(a) You must package goods at your expense in accordance with good commercial practice unless otherwise
provided in this Contract.You must clearly mark each shipping container with the following information.
(1) Your name and address;
(2) Our name and address;
(3) The container number and the total number of containers,e.g.box 1 of 4;and
(4) An itemized packing slip clearly stating our purchase order number,the number of items,stock number,
delivery destination and date.
5. INSPECTION AND ACCEPTANCE OF GOODS. We inspect all goods and services tendered and
accept only goods that are in compliance with this Contract,and reject goods which are damaged or do not
conform to the specifications of this Contract.You must pay the costs of replacing rejected and non-
conforming goods.
6. VARIATION IN QUANTITY. We do not accept any variation in the quantity of any good to be provided
under this Contract unless that variation was caused by conditions of loading,shipping,or packing,or
allowances in manufacturing processes,and then only if we have specified the extent of allowable variation
in this Contract.
7. INSURANCE.
(a) Unless we provide otherwise in the special provisions in this Contract,during the Contract,you must
maintain,at your expense,insurance with at least the following minimum limits:
Automobile Liability:
Bodily Injury(Each person) $250,000.00
Bodily Injury(Each accident) $500,000.00
PropertyDamage $100,000.00
General Liability(Including Contractual Liability):
Bodily Injury $500,000.00
Property Damage $100,000.00
Excess Liabilitv:
Umbrella Form Not Required
Worker's Compensation: Statutory
(b) With respect to this insurance,you must:
(1) Name us as an additional insured as our interests may appear;
(2) Provide us with a waiver of subrogation;
(3) Endorse the policy so that the insurer provides us with advance written notice of cancellation or material
change to the insurance at least thirty(30)calendar day before the cancellation or change occurs;
(4) Provide our Purchasing Agent with a certificate of insurance evidencing required coverage within ten
(10)calendar days after receipt of notice of award.
(5) Ensure the certificate of insurance contains our Contract number which is indicated on the notice of
award we issue
8. INDEMNIFICATION AND CLAIMS NOTIFICATION.
(a) You must indemnify us,and our officers,agents,and employees against all claims,suits,and liability of
every kind,including all expenses of litigation,court costs,and attorney's fees arising in connection with any
alleged or actual infringement of existing patents,licenses,copyrights,trademarks,or other intellectual
property or proprietary rights applicable to items sold.
(b) You must also indemnify us and our officers,agents,and employees,from all third party claims,losses,
damages,causes of action,suits,and liability of every kind whether meritorious or not.This indemnification
includes all expenses of litigation,court costs;and reasonable attorney's fees arising in connection with the
goods or services you provide under this contract.
(c) If any person,firm,corporation,or entity makes or brings any claim,proceeding before an administrative
agency or other action related to your performance under this Contract against you,you must give us the
following information within ten(10)working days after you are notified of it:
(1) The existence of the claim,proceeding,or other action;
(2) The name and address of the person,firm,corporation or their entity making a claim,or instituting any
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Exhibit 'T"
Travis County Bid 8120217-CW
type of proceeding,or action;
(3) The alleged basis of the claim,proceeding,or action;
(4) The court or administrative tribunal where the claim,proceeding,or action was instituted;and
(5) The name or names of any other person against whom this claim is being made.
(d) You must also give us copies of all pertinent papas you receive that relate to the claim,proceeding,or action
within ten(10)working days after you are notified of them and all court pleadings related to your defense of
these claims,proceedings,or actions within ten(10)working days after you file them:
9. YOUR REPRESENTATIONS.
(a) You represent to us that
(1) Whenever practicable,you use recycled boxes,water-soluble peanuts,and other products that replace
bubble wrap and petroleum based peanuts,which are harmful to the environment;
(2) You have thoroughly examined the drawings,specifications,schedule,instructions and all other Contract
documents and made all investigations necessary to be thoroughly informed about plant and facilities for
delivery of material,equipment or services as required by the bid conditions;
(3) Any brand substituted for the specified brand of goods to be supplied under this Contract matches the
performance and salient characteristics of the goods specified and,if the goods do not conform,you
will replace them;
(4) All supplies or equipment goods are the latest improved new model meeting specifications in current
production at the time of delivery and.are delivered completely assembled,adjusted,serviced,and ready
for use.
(5) You have not employed or retained any person or selling agency,excepting bona fide employees and
established commercial selling agencies that you maintain to secure business,to solicit or secure this
Contract with an understanding that a commission,percentage,brokerage,or contingent fee is due.
(6) Neither you or your agents or your representatives have offered or given any gratuity of any kind to any
of our officials or employees with a view.toward securing favorable treatment with respect to this
Contract
(7) You have adhered to all applicable licenses,patents,copyrights,trademarks and other intellectual
property or proprietary rights that may exist on goods supplied under this Contract so that we will not be
liable for infringement of any of those rights.
10.YOUR WARRANTIES.
(a) You warrant to us that:
(1) Your goods delivered and services rendered conform to the specifications,drawings,or other
descriptions furnished or incorporated by reference in this Contract;
(2) All goods delivered and services rendered are of merchantable quality,good workmanship,and free
from defects;
(3) You will provide copies of applicable product and service warranties or guarantees to the Purchasing
Agent within 10 days after you receive our notice of award;
(4) You will pay for return of non-complying,defective and damaged merchandise under warranty at your
expense;
(5) Your warranties to us apply for the duration of this Contract or for the life of the goods purchased,
whichever is longer.
11.OUR WARRANTIES.
(a) We will only allow our employees and those with whom we have established a relationship aimed at
furthering the public interest to use any exclusive rights you have granted to us. We will only allow this use
for official public purposes.
(b) We will not knowingly or intentionally violate any applicable patent,license,copyright,trademark or other
intellectual property or proprietary rights applicable to items sold.
12.OFFICIALS NOT TO BENEFIT. If a member of Commissioners Court belongs to a cooperative
association,we may purchase services from the association only if no member of Commissioners Court will
receive a pecuniary benefit from the purchase,other than an increase in dividends distributed generally to
members of the association.
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Exhibit 44�9P
Travis County Bid 6120217-CW
13.COMPLIANCE WITH LAW.
(a) You must comply with all federal and state laws and regulations,city and county ordinances,orders,and
regulations,relating in any way to this Contract.You must secure all permits and licenses,pay all charges
and fees,and give all notices necessary for lawful operations.You must pay all taxes and license fees
imposed by the federal and the state governments and their agencies and political subdivisions upon your
property and business.
(b) Conflict Of Interest Questionnaire. If required under Chapter 176 Texas Local Government Code,
Contractor shall file a completed Conflict of Interest Questionnaire in accordance with the requirements of
that Chapter.Within the applicable,authorized time period prescribed in Chapter 176,Contractor shall file
the completed Conflict of Interest Questionnaire with the Travis County Clerk,Recording Division,5501
Airport Blvd.,Austin,Texas 78751.Contractor shall file an updated,completed questionnaire with the
Travis County Clerk not later than the seventh(7th)business day after the date of an event that would make
a statement in the questionnaire incomplete or inaccurate.The Contractor should note that the law requires
that the County provide access to a filed Questionnaire on the official Travis County Internet website.
However,the law does not require that the County release information which is excepted from disclosure
under the Texas Public Information Act As between County and Contractor,Contractor shall be solely
responsible for the preparation of its Conflict of Interest Questionnaire,the accuracy and completeness of the
content contained therein and ensuring compliance with all applicable requirements of Cbapter 176,Local
Government Code.
(c) Certification Of Eligibility. You certify that at the time of submission of your bid,you are not on the
Federal Government's list of suspended,ineligible,or debarred contractors and that you have not been
placed on this list between the time the bid was submitted and the award of this Contract.If you are placed
on this list during this Contract,you must notify the Purchasing Agent.
14.CIVII,RIGHTS AND ADA COMPLIANCE. You must not discriminate against any employee or
applicant for employment based on race,religion,color,sex,national origin,age or handicapped condition.
You must provide all goods and services required under this Contract in a manner that would comply with
the federal laws prohibiting discrimination if you were required to comply with these laws.These laws
include the Civil Rights Act of 1964,as amended,the Rehabilitation Act of 1973,29 U.S.C.§794(2006),
and the Americans With Disabilities Act of 1990,as amended,
15.YOUR RECORDS. You must maintain all records pertinent to both direct and indirect costs and expenses
of this Contract,including at least costs of labor,material,equipment,supplies,and services for which you
claim reimbursement under this Contract.You must make these records available to our authorized
representatives for inspection,audit,or reproduction_ If an audit is in progress or the findings of a completed
audit have not been resolved to our satisfaction,you must maintain all required records until the audit is
completed and all questions from an audit are resolved. If no audit is in progress and there are no unresolved
questions arising from an audit,you must maintain all required records for three(3)years after the end of
this Contract.
16.PAYMENTS AND INVOICING.
(a) You must provide us with an Internal Revenue Form W-9,Request For Taxpayer Identification Number and
Certification,completed in compliance with the Internal Revenue Code,its rules and regulations.
(b) You must prepare a monthly invoice and submit it directly to the Travis County Auditor. We pay after we
receive goods or services in compliance with the Contract and your invoices at the address below and
reconcile the invoices with our purchase order.Any discrepancies between your invoice,our purchase order,
and this Contract result in a delay in payment We do not pay invoices that are in excess of the amount
authorized by our purchase order.
Travis County Auditor
P.O.Box 1748
Austin,Texas 78767
(c) Your invoices must include at least the following information:
(1) Your name,address,and telephone number and similar information if payment is to be made to a
different address;
(2) Our Contract or purchase order number;
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Travis County Bid 8120217-CW
(3) Identification of goods or services provided and amounts due for each as outlined in this Contract;
(4) Quantity provided and unit prices where applicable,the total amount due;and
(5) Any additional payment information called for by this Contract.
(d) We do not make partial payments unless you specifically request them and we approve them before
awarding this Contract.We specifically approve payment of amounts due under this Contract on a monthly
basis.
(e) Chapter 2251 of the Texas Government Code governs accrual and payment of interest on overdue payments.
Payment is considered made on the date we mail the check or warrant.For determining payment discounts,
time begins on satisfactory delivery of services or submission of a complete and correct invoice in
compliance with this Contract,whichever is later.
(f) Within thirty(30)days after we request a refund,you must refund to us any money that we pay you that is
not due under this Contract.
17.DISBURSEMENTS TO PEOPLE WITH OUTSTANDING DEBTS.
(a) In this section,"Debt'includes delinquent taxes,fines,fees,and indebtedness arising from written
agreements with us.
(b) In accordance with Texas Local Government Code,section 154.045,if a notice of Debt has been filed with
the Travis County Auditor or Treasurer that provides evidence of your Debt to the state,us or a salary fund,
we do not draw a check or warrant on a County fund in favor of you,your agent or assignee until:
(1) The Travis County Treasurer notifies you in writing that the Debt is outstanding;and
(2) The Debt is paid.
(c) We may apply any fiords we owe you to the outstanding balance of Debt for which notice is made under
Subsection(a)(1),if the notice states that the amount we owe you may be applied to reduce the outstanding
Debt.
(d) Despite anything to the contrary in this Contract,if your property taxes in Travis County are delinquent
when you invoice us,you assign to the Travis County Tax Assessor-Collector the portion of what we owe
you under this Contract that is equal to the amount of your delinquent County property taxes for payment of
these taxes.
18.MODIFICATIONS.
(a) Any changes to the terms and conditions of this Contract must be approved by Purchasing and by the
Commissioners Court if required by applicable law or County policy. Unless we specifically provide
otherwise in this Contract,any change to the terms of this Contract or any attachments to it must be in
writing and signed by both you and us.
(b) You acknowledge that none of our Officers,Agents,Employees,or Representatives has any authority to
change the Terms of this contract or any attachments to it unless expressly granted that specific authority by
Commissioners Court.
(c) You must submit all requests for changes to this Contract or any attachment to it to the Purchasing Agent.
(d) You acknowledge that the Purchasing Agent has authority to approve certain modifications subject to
applicable law,Texas Local Government Code,Chapter 262 and our policies approved by Commissioners
Court.Within that authority,the Purchasing Agent may approve modifications to this Contract.At any time,
the Purchasing Agent may submit any request to Commissioners Court for approval,regardless of the
authority of the Purchasing Agent to approve the modification.
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Exhila-pit "B"
Travis County Bid B120217-CW
19.ASSIGNMENTS AND SUBCONTRACTS.
(a) We shall not assign any of our rights or our obligations under this Contract without your prior written
consent.You shall not assign any of your rights or your obligations under this Contract without our prior
written consent None of our officials,employees,representatives or agents has the authority to approve any
assignment under this Contract unless Commissioners Court expressly grants that specific authority.
(b) If you assign this Contract in compliance this section,all aspects of this Contract are binding upon and inure
to the benefit of your successors in interest and assigns.If we assign this Contract in compliance with this
section,all aspects of this Contract are binding upon and inure to the benefit of our successors in interest and
assigns.
(c) If your actions require a change of name on the Contract,you must notify the Purchasing Agent
immediately.We do not recognize any change in our contractual obligations until Commissioners Court
approves the change.
(d) You cannot enter into any subcontract to provide the performance required under this Contract unless we
give our prior written approval or waive our right to give that approval.You acknowledge that none of our
officers,agents,employees or representatives has the authority to grant that approval or waive it unless
Commissioners Court expressly grants that specific authority.
(e) If we approve your using a subcontract,you must make a"good faith"effort to give HUBs maximum
opportunity to be subcontractors under this Contract by take all necessary and reasonable steps to solicit
participation from HUBs. You must obtain our approval of all proposed HUB subcontractors through the
Purchasing Agent.
20.DISPUTES AND APPEALS. The Purchasing Agent acts as our representative in the issuance and
administration of this Contract in relation to disputes.Any document in relation to disputes that is not issued
by or to the Purchasing Agent or our other authorized employee is void unless otherwise stated in this
Contract,If you do not agree with any document issued by the Purchasing Agent,or our other authorized
employee;you must submit your written dispute notice to the Purchasing Agent or our authorized employee
within ten(10)calendar days after receipt of our document Your dispute notice should outline your exact
point of disagreement in detail.The Purchasing Agent then provides a written response to your dispute
notice stating our resolution to you.If the dispute is not resolved to your satisfaction,you may submit a
written notice of appeal to Commissioners Court through the Purchasing Agent.You must submit your
notice of appeal within ten(10)calendar days after you receive our response.You then have the right to be
heard by Commissioners Court,which makes a final determination.
21.MEDIATION. When mediation is acceptable to you and us in resolving a dispute arising under this
Contract,we and you agree to use a mutually agreed upon mediator,or a person appointed by a court of
competent jurisdiction;for mediation as described in Texas Civil Practice and Remedies Code,section
154.023.Unless we and you are satisfied with the result of the mediation,the mediation does not become a
final and binding resolution of the dispute.All communications within the scope of the mediation must
remain confidential as described in Texas Civil Practice and Remedies Code,section 154.073,unless we and
you agree,in writing,to waive the confidentiality.
22.FORCE MAJEURE. Neither party is liable to the other for any delays or damages caused by 1)federal or
state laws,2)the rules,regulations,or orders of any public body or official purporting to exercise authority
or control over operations that affect performance under this Contract,3)strikes not against the parties,4)
natural catastrophes caused by actions of the elements,or 5)acts of God.Delays and damages due to these
causes are not considered a breach of this Contract if they do not continue for more than the reasonably
necessary time to remedy the effects of the event causing the delay or damage.
23.PION-WAWER OF DEFAULT.
(a) If we waive a breach of this Contract,we are not waiving a subsequent breach,or another type of breach of
this Contract. You acknowledge that our officers,agents,employees or representatives may not waive any
breach of this Contract unless Commissioners Court expressly grants that specific authority.
(b) We specifically reserve all our rights under this Contract.Any payment,act or omission which we make
does not impair or prejudice any of our remedies or rights under it.Exercising any right or remedy in this
Contract does not preclude the exercise of any other right or remedy. Any action we take to exercise any
right or remedy shall not be deemed a waiver of any other rights or remedies.
Jul 20,2012 3:11:25 PM CDT BidSync,LLC p.21
Travis County Bid 13120217-CW
24.TERMNATION OF CONTRACT FOR DEFAULT.
(a) The following are specifically agreed to be breaches of this Contract and we are entitled to terminate this
Contract in addition to the defined penalties below:
(1) If you or your agents or your representatives offer or give any gratuity of any land to any of our officials
or employees with a view toward securing favorable treatment with respect to this Contract,you have
breached this Contract and we are entitled to recover or withhold three tjMg§_ygur cost to
provide the gratuities,
(2) If you employ or retain any person or selling agency,other than bona fide employees or an established
commercial selling agencies you maintain to secure business,to solicit or secure this Contract with an
understanding that a commission,percentage,brokerage,or contingent fee is due,you have breached this
Contract and, in our discretion, we are entitled to deduct the full amount of the
commission. nercentaee brokerage. or ron ine nt fee from the k on ra t pri P nr
nth .rwia .r .cover it,
(3) If you use subcontractors and fail to make a good faith effort to employ HUBS as subcontractors,you
have breached this Contract
(4) If you pmvide a false certification or fail to notify us of being placed on the federal government's list of
suspended,ineligible or debarred contractors,you have breached this Contract
(b) Failure by either party in performance under this Contract is a breach of this Contract.
(c) If there is a breach,the non-breaching party may require the breaching party to correct the breach within ten
(I0)days after the breaching party receives written notice stating the exact nature of the breach.
(d) If the breaching party fails to correct the breach or provide a satisfactory written reply excusing that failure
within the ten(10)calendar days,then breach is deemed to be a default.The defaulting party has twenty(20)
calendar days after notice of default to show cause why this Contract should not be terminated for default.
Commissioners Court may take whatever action is appropriate and consistent with the County best interest
(e) The Purchasing Agent or our legal representative must issue all our notices under this section,and your
replies must be made in writing to our representative who sent the notice.Any notices you issue to us must
be sent to the Purchasing Agent or our legal representative. Any notice sent to anyone else is null and void.
(f) We reserve the right to enforce the performance of this Contract in any manner prescribed by law and if this
Contract is terminated for default,we may contract with another party with or without competition or further
notice to you.
(g) As a minimum,you are required to pay any difference in the cost of securing the performance under this
Contract,or compensate for any loss or damage to us derived under it if it is necessary for us to contract with
another source because of your default,plus reasonable administrative costs and attorney's fees.
(h) If we terminate this Contract for default,we are not liable for any loss of your anticipated profits under this
Contract
(i) This section will not be interpreted as a waiver of sovereign immunity and we retain all of its affirmative
defenses.
25.TERMWATION OF CONTRACT OTHER THAN FOR BREACH.
(a) Funding Out. Despite anything to the contrary within this Contract,if,during budget planning and adoption,
Commissioners Court fails to provide funding for this Contract for the following fiscal year, we may
terminate this Contract without liability by giving you thirty(30) calendar days written notice that we are
terminating this Contract due to that failure to fund.
(b) Termination for Convenience. We reserve the right to terminate this Contract for any reason deemed by
Commissioners Court to serve the public interest, or resulting from any governmental law, ordinance,
regulation,or court order if we send you written notice at least thirty(30)calendar days written notice before
the date of termination.We shall not terminate this Contract for Convenience:
(1) when we are authorized to terminate it under any other provision of this Contract.
(2) with the intention of awarding the same or similar contract requirements to another source.
(c) If we terminate this Contract for convenience,we pay you those costs directly attributable to work done in
preparation for completion or compliance with this Contract before our notice of termination.However,we
do not pay for costs
(1) which are recoverable in the normal course of doing your business or
(2) that you can mitigate through the sale of supplies or inventories.
(d) If we pay for the cost of supplies or materials obtained for use under this Contract, these supplies or
Jul 20,2012 3:11:25 PM CDT BidSync,LLC
p.22
Travis County Bid 8120217-CW
materials become our property and you must are deliver them to the delivery points stated in this Contract,or
designated by the Purchasing Agent. We are not liable for any loss of your anticipated profits under this
Contract.
26.FORFEITURE OF CONTRACT.
(a) You must forfeit all benefits of this Contract and we retain all performance by you and recover all
consideration or the value of all consideration paid to you under this Contract if:
(1) You were doing business at the time of submitting your bid or had done business with one or more Key
Contracting Persons during the 365 day period immediately prior to the date on which your bid was due
and you failed to disclose the name of that Key Contracting Person in your bid;or
(2) You do business with a Key Contracting Person after the date on which the bid that resulted in this
Contract is submitted and before full performance of this Contract.
27. DESIGNATED COUNTY HOLIDAYS 2012: No deliveries will be accepted on designated holidays,
unless specific prior arrangements have been made. Below is the approved holiday schedule. Future
schedules are expected to be similar.
HOLIDAY 2012
New Year's Day.................................Monday................:.................Jan......02,......2012
Martin Luther King,Jr.Day................Monday.................................Jan......16.....2012
President's Day..............................................Monday..................................Feb.....20,......2012
Memorial Day ...................................Monday.................................May....28,......2012
Independence Day.............................Wednesday.............................Jul.......04,......2012
Labor Day ...................................Monday.................................Sep.....03,......2012
Veteran's Day ...................................Monday.................................Nov.... 12,......2012
Thanksgiving Day...............................Thursday................................ ,
.........Nov....22......2412
Friday after Thanksgiving...................Friday....................................Nov....23.......2012
Christmas Season...............................Monday..................................Dec.....24,......2012
Christmas Season................................Tuesday..................................Dec.....25,......2012
28.TRkIL IS OF THE ESSENCE. Timing of delivery and/or performance of the services in this Contract is of
the essence.If delivery or completion dates cannot be met,you must notify us immediately.Such notice will
not change the delivery or completion terms of this Contract.
29.APPLICABLE LAR'AND VENUE. The laws of the State of Texas govern this Contract.As all
obligations under this Contract are performable in Travis County,Texas,the appropriate courts of Travis
County,Texas have exclusive jurisdiction and venue over any dispute arising out of this Contract.By
accepting this Contract,you consent to the jurisdiction of these courts.
30.SEVERABILITY. If a court of competent jurisdiction rules any portion of this Contract invalid,illegal,or
unenforceable in any respect,the remainder of this Contract remains valid and binding.
31.INTERPRETATION OF THIS CONTRACT.
(a) Survival Of Our Affirmative Defenses. Nothing in this Contract may be interpreted as a waiver of our
sovereign immunity and we retain all of our affirmative defenses.
(b) Computation Of Time. When computing a time period under this Contract,the first day is excluded and the
last day is included.If the last day is a Saturday,Sunday,or holiday designated by Travis County,the period
is extended to include the next day that is not Saturday,Sunday,or legal holiday.All hours are stated in
Central Standard Time or Central Daylight Saving Time as applicable in Austin,Texas at that time of year.
(c) Drafting Conventions and Style
(1) Headings and titles in this Contract have been included only to make it easier to locate the subject matter
in it and are not used in interpreting this Contract.
(2) If a word is connected with and used with reference to a particular trade or subject matter or is used as a
term of art,the word will have the meaning given by experts in the particular trade,subject matter,or art.
(3) Words in any tense include the other tenses(past,present and future).The singular includes the plural
and the plural includes the singular unless expressly provided otherwise.Any gender includes the other
Jul 20,2012 3:11:25 PM CDT BidSync,ILC p.23
Exhibit "B"
Travis County Bid B120217-CW
genders(masculine,feminine and neuter).
(d) Entirety Of Amt. Unless specif cally provided otherwise in this Contract this document contains the
entire agreement between the parties relating to the rights granted and the obligations assumed.Any prior
agreements or representations not expressly set forth in this agreement are of no force.
(e) If there is any inconsistency within this Contract,the inconsistency is resolved by giving precedence in the
following order with the first being given priority over the rest and continuing thus through the list:
(1) The Schedule of ltems/Services;
(2) Terms and Conditions;
(3) General Provisions;
(4) Other provisions,whether incorporated by reference or otherwise;and
(5) The specifications.
Jul 20,2012 3:11:25 PM CDT BidSync,LLC
P.24
Ex14.ti,ib-ft "AID"
Travis County Bid 8120217-CW
Supplier: Superior Septic
TRAVIS COUNTY
PURCHASING OFFICE
700 Lavaca Street,Suite 800
Austin,Texas 78701
IDWITATI®N FOR BED
Bidder Acknowledgement
VendorName:Superior Septic/Clean Can
Partnership C Corporation 9 Sole Proprietorship❑ Other
Vendor Mailing Address: 8 Indian Meadows Dr,Round Rock,Tx 78655
Area code/Telephone 512-244-6300
Number:
Toll-Free Telephone Number:
Fax Number. 512-244-9015
Vendor E-Mail Address: raynceachern@aol.com
Vendor Web Address:
FEID No.or SS#: 74-24919573
Prompt Payment Discount Terms: Bidder's State of Residence Tx
%days
In compliance with the terms,conditions and specifications,the undersigned offers and agrees
to furnish any and all of the items or services enumerated and upon which prices are bid at the
unit price set opposite each item delivered at the designated points(s)within the time
specified.
Ray Mc]Eachern Owner
Name of Company Representative Submitting Title of Company Representative
Bid Submitting Bid
6/1/12
Date
Jul 20,2012 3:11:25 PM CDT BidSpc,LLC p.25
Exhibit "B"
Travis County Bid B120217-CW
Supplier: Superior Septic
HISTORICALLY UNDERUTILIZED BUSINESS fHUS)DECLARATION
The primary objective of the Travis County HUB Program is to ensure Historically Underutilized Businesses receive a fair and equal opportunity
for participation in the County's procurement process. This fact holds true for Setvires(Professional&Non-professional),Commodities,and
Construction contracts and any subcontracts thereto. The progmm strongly encourages Prime Contractors to provide subcontracting opporttmities
to Certified HUB Contractors/Vendors.
It is the policy of the Travis County Purchasing Office to ensure a good faith effort is made to assist Certified HUB vendors and contractors in
receiving contracts in accordance with the HUB Program policies and the Minority and Woman-Owned Business Entaprisc goals adopted by the
Travis County Commissioners Court. Our goals for HUB contractor/vendor participation,as well as HUB subcontractor participation,in the area
ofSERVICES are as follows:
OveraUMBEGoah 14.1%; _Sub-goals 2.5% African-Ametiam, 9.9% Hispanic, 1.7% Nadvc/AsianAmeican
Ovemlf WBE Goal: 15.0%
To be considered as a"Certified HUB ContractorNendor"the contractor/vendur must have been certified by,and hold a current and valid
certification,with any of the three agencies listed below. Please attach copy of certificate.
Vendor/Contractor-N/A
Certified as a HUB or an MBE(WBE/DBE somce r Yes rt No HUB Status(Gender&Ethnicity):
Ifyes,by whom: Teras Building and Procurement Commission Fj City of Anstin F Teras tha ied Certification Program
SUGGESTED DATABASE DIRECTORIES TO Vi W WHEN SOLICTUNG HUB SUBCONTRACTORS
State:www est mvs/cmbf• City:www.ci.ecrurin.tctulorarhase/defau14htm. IVCP:www.doutate.6cus/business/turp)nfo.htm
LIST OF CERTIFIED HUB C t ONIUM S
(DUPIJGlTE AS NECESSARY)
What percentage of the Bid or Proposal is to be subcontracted with Certified HUB sources:0% (List HUB Subcontractor information below).
HUB Subcontractor Name:N/A HUB Status(Gender&Ethnicity):
Ccrdfyiog Agency(Check all applicable): r Texas Building and Procurement Commission r City of Austin r Tcxas Unified Certification
Program
Address:N/ACity.N/A State:Nla Zip:N/a
Contact Person:N/ATitic:N/A Phone No.:NIA
Subcontract Amount S Description of Work to be Performed:
HUB Subcontractor Name:HUB Status(Gender&Ethnicity):
Certifying Agency(Check all applicable): r Texas Building and Procurement Commission r City of Austin
r Texas Unified Certification
Program
Address:City:StatcZip:
Contact Person:Title:Phone No.:
Subcontract Amount:5 Description of Work to be Performed:
c
HUB Subcontractor Name:HUB Status(Gender&Ethnicity):
Certifyiag Agency(Check all applicable): r Texas Building and Procurement Commission r City of Austin r Texas Unified Cettifieation
Program
Address:City:State:Zip:
Contact Person:Title Phone No.:
Subcontract Amount:S Description of Work to be Performed:
Jul 20,2012 3:11:25 PM CDT BidSync,LLC P 26
Exhibit 94B"
Travis County Bid 8120217-CW
Supplier: Superior Septic
SAFETY RECORD QUESTIONNAIRE
(must be submitted with bid form)
The Travis County Commissioners Court desires to avail itself of the benefits of Section 262.0275 of the Local
Government Code, and thereby consider the safety records of potential contractors prior to awarding bids on
County contracts. Pursuant to Section 262.0275 of the Local Government Code,Travis County has adopted the
following written definition and criteria for accurately determining the safety record of a bidder prior to
awarding bids on County contracts.
The definition and criteria for determining the safety record of a bidder for this consideration shall be:
If the bidder in response to the questions in this Questionnaire reveals more than two(2)cases in
which final orders have been entered by the Occupational Safety and Health Review
Commission(OSHRC)against the bidder for serious violations of OSHA regulations within the
past three(3)years,County will,at its discretion,determine whether to disqualify the bidder.
If the bidder in response to the questions in this Questionnaire reveals more than one(1)case in
which bidder has received a citation from an environmental protection agency for violations
within the past five(5)years,County will,at its discretion,determine whether to disqualify the
bidder. Environmental Protection Agencies include the U.S. Army Corps of Engineer
(USACOE),the U.S.Fish and Wildlife Service(USFWS),the Environmental Protection Agency
(EPA), the Texas Commission on Environmental Quality (TCEQ), and its past associated
agency: the Texas Natural Resource Conservation Commission (I'NRCC), the Texas
Department of Health, the Texas Parks and Wildlife Department (TPWD), the Structural Pest
Control Board(SPCB), agencies of local governments responsible for enforcing environmental
protection laws or regulations, and similar regulatory agencies of other states of the United
States. Citations include notice of violation, notice of enforcement, suspension/revocations of
state or federal licenses or registrations,fines assessed pending criminal complaints,indictments,
or convictions,administrative orders,draft orders,final orders,judicial final judgements. Notice
of Violations and Notice of Enforcement received from TCEQ shall include those classified as
major violations and moderate violations under TCEQ'S regulations for documentation of
Compliance History,30TAC,Chapter 60.2(c)(1)and(2).
If the bidder in response to the questions in this Questionnaire reveals that the bidder has been
convicted of a criminal offense within the past ten(10)years which resulted in serious bodily
harm or death,County will determine whether to disqualify the bidder.
In order to obtain proper information from bidders so that Travis County may consider the safety records of
potential contractors prior to awarding bids on County contracts,Travis County requires that bidders answer the
following three(3)questions and submit them with their bids:
QUESTION ONE
Has the bidder,or the firm,corporation,partnership,or institution represented by the bidder,or anyone acting for
such firm,corporation,partnership or institution,.received citations for violations of OSHA within the past three
(3)yam?
YES 0 NO
If the bidder has indicated YES for question number one above,the bidder must provide to Travis County,with
its bid submission,the following information with respect to each such citation: _
Jul 20.2012 3:11:25 PM CDTBidSync,LLC p,27
Exhibit habit "B"
Travis County Bid 8120217-CW
Date of offense,location of establishment inspected,category of offense,final disposition of offense,if any,and
penalty assessed.
QUESTION TWO
Has the bidder,or the firm,corporation,partnership,or institution represented by the bidder,or anyone acting for
such firm, corporation, partnership or institution,received citations for violations of environmental protection
laws or regulations with the past five years? Citations include notice of violation, notice of enforcement,
suspension/revocations of state or federal licenses, or registrations,fines assessed pending criminal complaints,
indictments,or convictions,administrative orders,draft orders,final orders,judicial final judgements. Notice of
Violations and Notice of Enforcement received from TCEQ shall include those classified as major violations and
moderate violations under TCEQ'S regulations for documentation of Compliance History,30TAC,Chapter 60.2
(c)(1)and(2).
YES C' NO Mi
If the bidder has indicated YES for question number two above,the bidder must provide to Travis County,with
its bid submission,the following information with respect to each such conviction:
Date of offense,location where offense occurred,type of offense,final disposition of offense,if any,and penalty
assessed
QUESTION TE REE
Has the bidder, or the firm, corporation,partnership,or institution represented by bidder,or anyone acting for
such firm, corporation, partnership, or institution, ever been convicted, within the past ten (10) years, of a
criminal offense which resulted in serious bodily injury or death?
YES NOE
If the bidder has indicated YES for question number three above,the bidder must provide to Travis County,with
its bid submission,the following information with respect to each such conviction:
Date of offense,Iocation where offense occurred,type of offense,final disposition of offense,in any,and penalty
assessed.
ACKNOWLEDGEMENT
THE STATE OF TEXAS
COUNTY OF TRAVIS
I certify that I have made no willful misrepresentations in this Questionnaire nor have I withheld information in
my statements and answers to questions. I am aware that the information given by me in this questionnaire will
be investigated,with my full permission,and that any misrepresentations or omissions may cause my bid to be
rejected
Ray N kEachern
Signature
Owner
Title
Jul 20,2012 3:11:25 PM CDT BidSync,LLC p 28
},xt1,,ibft P9B99
Travis County Bid 8120217-CW
Jul 20,2012 3:11:25 PM CDT BidSync,LLC p.P9
Exhibit "B"
Travis County Bid 8120217-CW
Supplier: Superior Septic
STATE OF TEXAS
COUNTY OF TRAVIS
ATTACHMENT 1
ETHICS AFFIDAVIT
Date:611/12
Name of Affiant:Ray McEachern
Title of Affiant;Owner
Business Name ofAffiant:McEachern Enterprises,INC,Superior Clean Can
Business Address
8 Indian Meadows
Round Rock,TX 78665
County of Bidder:Williamson
Affiant on oath swears that the following statements are true:
1. Affiant is authorized by Bidder to make this affidavit for Bidder.
2. Affiant is fully aware of the facts stated in this affidavit.
3. Affiant can read the English language.
4. Bidder has received the list of key contracting persons associated with this Invitation for Bid
which is attached to this affidavit as Exhibit"A".
5. Affiant has personally read Exhibit"A"to this Affidavit.
6. Affiant has no knowledge of any key contracting person on Exhibit"A"with whom Bidder is
doing business or has done business during the 365 day period immediately before the date of
this affidavit whose name is not disclosed in the Invitation for Bid.
Ray McEachern
Signature of Affiant
8 Indian Meadows
Round Rcok,TX 78665
Address
Jul 20,2012 3:11:25 PM CDT BidSync,LLC p.30
Exhibit "B"
Travis County Bid B120217-CW
ATTACHMEENT 2
Bidder acknowledges that Bidder is doing business or has done business during the 365 day period
immediately prior to the date on which this bid is due with the following key contracting persons and
warrants that these are the only such key contracting persons:
Ray McEachern
If no one is listed above, Bidder warrants that Bidder is not doing business and has not done
business during the 365 day period immediately prior to the date on which this bid is due with any key
contracting person.
Jul 20,2012 3:11:25 PM CDT BidSync,LLC p.31
Exhibit "B"
Travis County Bid 8120217-CW
Supplier: Superior Septic
ENVIRONMENTAL COMPLIANCE AND SAFETY RECORD
Pursuant to Sections 262.0275 and 271-0275 of the Texas Local Government Code, the County shall
consider the environmental compliance/safety record of the Bidders and may determine at its
reasonable discretion the disqualification of any Bidder which in response to the following question
reveals more than two (2) or more violations, with the severity and nature of the violations to be
considered in the determination.
Has the Bidder, or the firm, corporation,partnership, or institution represented by Bidder, or anyone
acting for such firm, corporation, partnership, or institution, received citations for violations of
environmental laws within the past three years? Citations include, but are not limited to: notices of
violation; suspensions/revocations of state/federal licenses or registrations; fines assessed; pending
criminal complaints; indictments; convictions; deferred adjudications; administrative orders; draft
orders; final orders; and final judgments. Any citations from the following agencies must be supplied:
Environmental Protection Agency (EPA); Texas Commission on Environmental Quality or its past
associated agencies such as the Texas Natural Resource Conservation Commission (TNRCC), the
Texas Water Commission,and the Texas Air Control Board;and the Texas Department of State Health
Services and its predecessgr agency the Texas Department of Health. Also include any citations from
environmental regulatory agencies of other states of the United States.
'YES GNOF
If the Bidder has indicated YES,the Bidder shall provide to Travis County,with its bid submission,the
following information with respect to each citation:
Date of Citation, location of establishment inspected, category of citation, final disposition of citation,
and penalty assessed.
I certify that I have made no willful misrepresentations in this Questionnaire and that I have not I
withheld any information in my statements and answers to questions. I am aware that the information
given by me in this questionnaire will be investigated,with my full permission,and that any
misrepresentations or omissions may cause my bid to be rejected
Ray McEachern
Signature
Owner
Title
Jul 20,2012 3:11:25 PM COT BidSync,LLC p.32
Travis County Bid 8120217-CW
E3CMrT A
LIST OF KEY CONTRACTING PERSONS
March 27,201
CURRENT
Name of Individual Name of Business
Position Held Holding Office/Position Individual is Associated
CountyJudge..........................................................Samuel T.Biscoe
County Judge(Spouse)............................................Donalyn Thompson-Biscoe
Executive Assistant................................................Cheryl Brown
Executive Assistant.................................................Melissa Velasquez
Executive Assistant.................................................Josie Z.Zavala
Executive Assistant.................................................Cheryl Aker
Commissioner,Precinct 1........................................Ron Davis
Commissioner,Precinct 1(Spouse).........................Annie Davis Seton Hospital
Executive Assistant.................................................Drone Wilhite
Executive Assistant.................................................Felicitas Chavez
C'rm,miccioner,Precinct 2.......................................Sarah Eckhardt
Commissioner,Precinct 2(Spouse)..........................I{urt Sauer Daffier McDanieI,LLP
Executive Assistant................................................Loretta Farb
Executive Assistant................................................Joe Hon
Executive Assistant................................................Peter Einhorn
Commissioner,Precinct 3........................................Karen Huber
Commissioner,Precinct 3(Spouse).........................Leonard Huber Retired
Executive Assistant.................................................Garry Brown
Executive Assistant.................................................Lori Duarte
Executive Assistant.................................................Jacob Cottingham
Commissioner,Precinct 4........................................Margaret Gomez
Executive Assistant.................................................Edith Moreida
Executive Assistant.................................................Norma Guerra
CountyTreasurer....................................................Dolores Ortega-Carter
County Auditor......................................................Susan Spataro,CPA
County Executive,Administrative...........................Vacant
County Executive,Planning&Budget.....................Leslie Browder*
County Executive,Emergency Services...................Danny Hobby
County Executive,Health/Ruman Services..............Sherri E.Fleming
County Executive,TNR.........................................Steven M.Manilla,P.E.*
County Executive,Justice&Public Safety..............Roger Jefferies
Director,Facilities Management..............................Roger El Khoury,M.S.,P.E.
Chief Information Officer........................................Joe Harlow
Director,Records Mgment&Communications........Steven Broberg
Travis County Attorney..........................................David Escamilla
First Assistant County Attorney..............................Steve Capelle
Executive Assistant,County Attorney......................James Collins
Director,Land Use Division....................................Tom Nuckols
Attorney,Land Use Division...................................Julie Joe
Attorney,Land Use Division...................................Christopher Gilmore
Director,Transactions Division ..............................John Hille
Attorney,Transactions Division..............................Tamara Armstrong
Attorney,Transactions Division..............................Daniel Bradford
Attorney,Transactions Division..............................Mary Etta Gerhardt
Attorney,Transactions Division..............................Barbara Wilson
Attorney,Transactions Division..............................Tun Connolly
Attorney,Transactions Division..............................Tenley Aldredge
Director,Health Services Division...........................Vacant
Attorney,Health Services Division..........................Prema Gregerson
Purchasing Agent...................................................Cyd Grimes,C.P.M,CPPD
Assistant Purchasing Agent....................................Marvin Brice,CPPB
Assistant Purchasing Agent.....................................Borrie Floyd,CPPD,CPPB,CTPM
Purchasing Agent Assistant IV................................Vacant
Purchasing Agent Assistant IV................................Lee Perry
Jul 20,2012 3:11:25 PM CDT BWSync,LLC p.33
Exhibit "B"
Travis County Bid 8120217-CW
Purchasing Agent Assistant IV................................Jason Walker
Purchasing Agent Assistant IV................................Richard Villareal
Purchasing Agent Assistant IV................................Patrick Strittmatter*
Purchasing Agent Assistant IV................................Lori Clyde,CPPO,CPPB
Purchasing Agent Assistant IV................................Scott Wilson,CPPB
Purchasing Agent Assistant IV................................Jorge Talavera,CPPD,CPPB
Purchasing Agent Assistant IV................................George R.Monnat,C.P.M.,A—P.P.
Purchasing Agent Assistant IV................................John E.Pena,CTPM
Purchasing Agent Assistant N................................Rosalinda Garcia
Purchasing Agent Assistant III................................Shannon Pleasant,CTPM*
Purchasing Agent Assistant III................................David Walch
Purchasing Agent Assistant III................................Michael Lang,CPPB
Purchasing Agent Assistant III................................Vacant
Purchasing Agent Assistant III................................Loren Breland,CPPB
Purchasing Agent Assistant III................................NancyBarchus,CPPB
Purchasing Agent Assistant III................................Jesse Herrera,CTP,CTPM,CICM*
Purchasing Agent Assistant III................................C.W.Bruner,CTP
HUBCoordinator....................................................Sylvia Lopez
HUBSpecialist.......................................................Betty Chapa
HUB Specialist.......................................................Jerome Guerrero
Purchasing Business Analyst...................................Scott Worthington
Purchasing Business Analyst...................................Jennifer Francis
TNR...........................................................Christina Jensen
FORMER EMPLOYEES
Name of Individual
Position Held Holding Office/Position DateofEx iration
Purchasing Agent Assistant IV................................Oralia.Jones,CPPB....................................07/31/12
County Executive,Planning&Budget......................Rodney Rhoades .......................................08/19/12
Purchasing Agent Assistant TV................................Diana Gonzalez.........................................I2./16/12
Director,Health Services Division...........................Beth Devery..............................................03/09/13
Purchasing Agent Assistant III................................Elizabeth Corey,C.P.M..............................03/14/13
* -Identifies employees who have been in that position less than a year.
Jul 20,2012 3:11:25 PM CDT BidSync,LLC
P.34
Exhibit "B"