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R-12-10-11-G5 - 10/11/2012 z RESOLUTION NO. R-12-10-11-G5 E WHEREAS, the City of Round Rock desires to have certain recyclable products collected, transported, recycled, and/or disposed of, and WHEREAS, Texas Disposal Systems, Inc. has submitted an Agreement for Collection of t Recyclables, and fi s x WHEREAS, the City Council desires to enter into said Agreement with Texas Disposal Systems, Inc.,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, F That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Collection of Recyclables With Texas Disposal Systems, Inc., 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 Y 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 11th day of October, 2012. ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: SARA L. WHITE, City Clerk k 1 O:\wdox\SCClnts\0112\1204\MUNICIPAL\002593 83.DOC X EXHIBIT „A» CITY OF ROUND ROCK AGREEMENT FOR COLLECTION OF RECYCLABLES WITH TEXAS DISPOSAL SYSTEMS,INC. THE STATE OF TEXAS § CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § COUNTY OF TRAVIS § That this Agreement for collection of certain recyclables, (referred to herein as the "Agreement") is made and entered into on this the day of the month of 2012, by and between the City of Round Rock, Texas, a home-rule municipality whose offices are located at 221 East Main Street, Round Rock, Texas 78664 (referred to herein as the"'City"), and Texas Disposal Systems, Inc., a Texas corporation.whose address is Post-Office Box 17126, x Austin,Texas 78760 (referred to herein as"Vendor" or"TDS"). This Agreement supersedes and replaces any previous agreement between the named parties, whether oral or written, and whether or not established by custom and practice. i } 4 RECITALS: s WHEREAS, City desires to have certain recyclable products collected, transported, recycled, and/or disposed of, such recyclable products specifically being steel from City's Waterline and Wastewater Line Maintenance Facility and scrap metal from City's Vehicle 1 Maintenance Facility; and WHEREAS, City has issued Solicitation Number 12-021, Specification Numbers 11- 998-15, 11-998-47, 11-998-68, 11-998-75, 11-998-85 dated February 2012, to have such recyclable products collected, transported, recycled, and/or disposed of, and City has selected the offer to provide such services submitted by TDS; and j I WHEREAS,TDS agrees to provide such services for City on a contractual basis; 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, the parties mutually agree as follows: 255650/jk.- 3 P e l 1.01. DEFINITIONS A. Agreement means the mutually binding legal contract between City and TDS whereby TDS is obligated to provide specified services and perform specified obligations, and City is obligated to perform specified obligations. The Agreement includes the following: (a) City's Solicitation Number 12-021, Specification Numbers 11-998-15, 11-998-47, 11-998-68, 11-998-75, 11-998-85 dated February 2012; (b) TDS's Response dated March 20, 2012; (c) the contract award; and (d) any exhibits, addenda, and/or amendments thereto, all attached as Exhibit "A" and incorporated herein by reference for all purposes. Any inconsistencies or conflicts in the contract documents shall be resolved by giving preference in the following order: (1) This Agreement; 2` F (2) 'IRS's Response dated March 20, 2012; (3) City's Invitation for Bids,exhibits,and attaclunents. B. City means the City of Round Rock, located in Williamson and Travis Counties, Texas. C. Effective Date means the date upon which the binding signatures of both parties to this Agreement are affixed. # i D. Foi-ce 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, l 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. s E. Vendoi-or Texas Disposal Systems or TAS means Texas Disposal Systems,Inc., or any of its successors or assigns. ' f 2.01 EFFECTIVE DATE,DURATION,AND TERM 9 k A. This Agreement shall be effective on the date it has been signed by both parties hereto, and shall remain in full force and effect unless and until it expires by operation of the term stated herein, or until terminated or extended as provided herein. B. The initial term of this Agreement is for three (3) consecutive twelve (12) month periods from the effective date hereof. Thereafter, this Agreement may be renewed for two (2) additional periods not to exceed twelve (12) months for each renewal, only upon the express written agreement of both parties and only provided Vendor has performed each and every contractual obligation specified in this Agreement. 2 s C. City reserves the right to review the relationship at any time, and may elect to terminate this Agreement with or without cause or may elect to continue. f i 3.01 COLLECTION REQUIREMENTS; REBATES; ESTIMATED QUANTITIES Any quantities stated in this section represent the best estimate of City's needs. City requires Vendor to provide services for collection, transport, recycling, and/or disposal of the designated recyclables in accordance with Exhibit"A"and as follows: A. Steel from City's Waterline and Wastewater Line Maintenance Facility shall be picked up by Vendor on an on-call basis within forty-eight (48) hours following notification by City. Vendor shall pay City fifty percent (50%) of the published market price (American Metal Markets Houston area for No. 2 Heavy Melt), with the purchase price being calculated based upon the first published price in the month of City's notice to pick up. City shall pay a fixed haul rate of$294.00 per haul, and a monthly rental of $45.00 per month. Steel shall be picked up by Vendor in thirty (30) yard roll-off containers (said containers to be furnished by Vendor) from the Waterline and Wastewater Line Maintenance Facility, 910 Luther Peterson Place, Round Rock, Texas 78665. Estimated quantities are 50 tons annually. City shall incur no disposal charge for same. B. Scrap metal from City's Vehicle Maintenance Facility shall be picked up by Vendor on an on-call basis within forty-eight (48) hours following notification by City. Vendor shall pay City fifty percent (50%) of the published market price (American Metal Markets Houston area for No. 2 Heavy Melt),with the purchase price being calculated based upon the first published price in the month of City's notice to pick up. City shall pay a fixed haul rate of $294.00 per haul, and a monthly rental of$45.00 per month. Scrap metal shall be picked up by Vendor in thirty (30) yard roll-off containers (said containers to be fiirnished by Vendor) from the Vehicle Maintenance Facility, 910 Luther Peterson Place, Round Rock, Texas 78665. City shall incur no disposal charge for same. j i City and Vendor agree that there shall be no additional fees whatsoever charged to City or passed along to City or passed through to City. The take-point for the designated recyclable products shall be as follows: 910 Luther Peterson Place,Round Rock,Texas 78665. 4.01 VENDOR' S OBLIGATION TO PROVIDE SERVICES As a continuing obligation,Vendor agrees to collect, transport, recycle, and/or dispose of the designated recyclable products from City in the estimated amounts, from the specified location,at the specified intervals, and to remit to City agreed payment and/or rebate amounts. 3 t { 4 t t In the event Vendor does not collect, transport, recycle, and/or dispose of the agreed quantities of recyclable products, then City may contract for such services elsewhere, and Vendor may be charged the difference, if any. F 5.01 VENDOR'S CONTRACTUAL RESPONSIBILITIES f A. Vendor agrees to perform all of its contractual responsibilities and obligations in accordance with standards of the industry. Vendor shall use best efforts to supervise and direct its agents or employees competently,efficiently,and safely. Vendor shall adhere and conform to r all legal responsibilities related to such collection, transportation and disposal of the recyclable t F products the subject of this Agreement. B. Vendor agrees to Punish and assume frill responsibility for all services, facilities, equipment, materials and incidentals necessary for the proper collection, transport, removal, recycling,and/or disposal of the designated recyclable products the subject of this Agreement. C. Vendor agrees to obtain all permits and licenses, if any, and pay all fees necessary 4 for the proper handling and removal of the designated recyclable products the subject of this Agreement. D. Vendor hereby affirms and confirms that it has the capability of properly and lawfully handling, removing, and disposing of the designated recyclable products the subject of E this Agreement. } E. Vendor agrees to coordinate with City's representative listed herein in Section 6.01 to establish pick-up schedules and to discuss and receive approval of any proposed changes. P 'i F. Vendor agrees to schedule pick-up of the designated recyclable products at a minimum of the times specified anal upon request by City. G. Vendor agrees to provide City's representative with itemized and accurate documentation, in forms acceptable to City, indicating actual weight of materials collected; pickup route sheets; weight information input into Vendor's system; monthly reports that capture such information as pickup dates and weight collected for each pickup; and annual tonnage .reports that capture total volume of material recycled for the calendar year, and approximate weights recovered by type of commodity. H. Vendor agrees to pick-up schedules that occur during City's regular business hours. Vendor shall utilize its own equipment and personnel, and both parties agree that no City equipment or forces shall be used. 6.01 CITY'S DESIGNATED REPRESENTATIVE City hereby designates the following representative authorized to act in its behalf with regard to this Agreement: 4 t Rick Whisenant City of Round Rock,Utility Inventory Specialist 910 Luther Peterson Round Rock,Texas 78664 Telephone: (512)218-5570 rwhisenant(y oundrocktexas.gov_ 7.01 RATES AND PAYMENT; PRICE ADJUSTMENTS During the term of this Agreement and any renewals, Vendor agrees to pay City for specified recyclable products taken at the following rates: 50% of the published market price (American Metal Markets Houston area for No. 2 Heavy Melt), with the purchase price being calculated based upon the first published price in the month of City's notice to pick tip. Vendor shall render a separate invoice to City for any hauls made by Vendor, submitting one original and one copy of each statement on a monthly basis to City's representative. Same shall match all records provided to City's representative under Section 5.01(G). City shall.pay G such invoices to Vendor in accordance with the Texas Prompt Payment Act. i Vendor shall have the absolute obligation to pay City for any and all recyclables hauled hereunder, in accordance with this Agreement and/or any statements received from City. All payments by Vendor to City shall.be made payable to the City of Round Rock, Texas, shall be tendered to City's representative designated in Section 6.01, and shall accompany corresponding statements from City and/or City's representative. E Pricing adjustments during the term of this Agreement,if any,shall be in accordance with Part I, Item 9 of City's Request for Proposal under Solicitation Number 12-021, Specification Numbers 11-998-15, 11-998-47, 11-998-68, 11-998-75, 11-998-85 dated February 2012. F 8.01 VENDOR'S OBLIGATION TO TAKE Vendor is obligated to take the estimated amounts specified in this Agreement, per twelve-month period. Vendor shall be obligated to pay City based on such contractual amount. Vendor agrees that City may pursue any remedy available to it at law or in equity, including but not limited to specific performance of this Agreement and/or any action to recover an amount of damages equal to such contractual amount. 9.01 CITY'S OPTION TO CONTRACT WITH OTHERS Should Vendor fail in its obligations to take the contractual amounts of delineated recyclable products, then and in that event City reserves its option to contract with other sources upon prior written notice of such failure and an opportunity to cure by Vendor. Vendor expressly agrees that, should City exercise its option to contract with other sources and the amount received is at a lower rate, then and in that event City may charge 5 i Vendor the difference in price. Such action on the part of City shall not be considered an exclusive remedy, and shall not waive any other remedies available to City at law or in equity. 10.01 RIGHT TO ASSURANCE Whenever either party to this Agreement, in good faith, has reason to question the other "x party's intent to perforin 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. q 11.01 DEFAULT Vendor shall be declared in default of this Agreement if it does any of the following: A. Fails to make any payment in fiill when due; B. Fails to fully, timely and faithfully perform any of its material obligations under this Agreement; C. Fails to provide adequate assurance of performance under the "Right to Assurance"section herein; or D. Becomes insolvent or seeks relief under United States bankruptcy laws. i 12.01 TERMINATION AND SUSPENSION 3 A. City has the right to terminate this Agreement, in whole or in Dart, for i convenience and without cause, at any time upon thirty(30)days' written notice to Vendor. B. In the event of any default by Vendor, City has the right to terminate this Agreement for cause, upon ten(10)days' written notice to Vendor. C. Vendor has the right to terminate this Agreement for cause, that being in the event of a material and substantial breach by City, or by mutual agreement to terminate evidenced in writing by and between the parties. D. Should Vendor fail to make any payment in Rill when due, then, in addition to any other rights and remedies available to City, City may immediately and without notice suspend any further relationship with Vendor until the amount due has been paid in Rill. 13.01 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, 6 G. i. f 3 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 negligent 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. 14.01 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. F k i 15.01 ASSIGNMENT AND DELEGATION The parties each hereby bind themselves, their successors, assigns and legal representatives to each other with respect to the terms hereof. Neither party shall assign, sublet or*transfer any interest in this Agreement without prior written authorization of the other party. : 4 16.01 NOTICES F All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows: A. When delivered personally to recipient's address as stated in this Agreement; or i B. Three (3) days after being deposited in the United States mail, with postage I prepaid to the recipient's address as stated in this Agreement. Notice to Vendor: Texas Disposal Systems,Inc. Jason Sanders,Recycling and Composting Coordinator 3606 FM 1327 Buda,TX 78610 Notice to City: Steve Norwood, City Manager Stephan L. Sheets, City Attorney 221 East Main Street AND TO: 309 East Main Street Round Rock, TX 78664 Round Rock,TX 78664 Nothing contained herein shall be construed to restrict the transmission of routine communications between representatives of City and Vendor. 7 �e r i 5 17.01 APPLICABLE LAW; ENFORCEMENT AND VENUE 4 This Agreement shall be enforceable in Round Rock, Texas, and if legal action is 5' 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 count decisions of the State of Texas. 18.01 EXCLUSIVE AGREEMENT This document and all appended documents constitute the entire Agreement between City and Vendor. This Agreement may only be amended or supplemented by mutual agreement of E the parties hereto in writing. x 19.01 SUPPLEMENTAL AGREEMENTS The terms of this Agreement may be modified by written Supplemental Agreement hereto, duly authorized by City Council or City Manager action, if City determines that there has been a significant change in (1) the scope, complexity, or character of the services to be performed; or (2) the duration of the work. Any such Supplemental Agreement must be executed by both parties within the period specified as the term of this Agreement. Vendor shall not perform any work or incur any additional costs prior to the execution, by both parties, of such Supplemental Agreement. Vendor shall make no claim for extra work done or materials furnished unless and until there is fiill execution of any Supplemental Agreement, and City shall not be responsible for actions by Vendor nor for any costs incurred by Vendor relating to additional work not directly authorized by Supplemental Agreement. 20.01 DISPUTE RESOLUTION s 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. 21.01 SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion or provision held to be void. The parties fia•ther agree to amend this Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent this entire Agreement from being void should a provision which is of the essence of this Agreement be determined void. 8 f is z 22.01 INTERLOCAL COOPERATIVE CONTRACTING /PURCHASING Authority for local governments to contract with one another to perform certain governmental fimctions and services, including but not limited to purchasing functions, is granted under Government Code, Title 7, Chapter 791, Interlocal Cooperation Contracts, x Subchapter B and Subchapter C, and Local Government Code, Title 8, Chapter 271, Subchapter F,Section 271.101 and Section 271.102. Other governmental entities within the State of Texas may be extended the opportunity to purchase off of the City of Round Rock's bid, with the consent and agreement of the success-Rd vendor(s) and Round Rock. 'rile Vendor will offer other governmental entities the same rates as the City if said entity has similar recyclables volume and similar service requirements as the City of Round Rock. Such agreement shall be conclusively inferred for the vendor fiom lack of exception to this clause in the vendor's response. However, all parties hereby expressly agree that the City of Round Rock is not an agent of, partner to, or representative of those outside agencies or entities and that the City of Round Rock is not obligated or liable for any action or debts that may arise out of such independently-negotiated "piggyback"procurements. t 23.01 INDEPENDENT CONTRACTOR STATUS t Vendor is an independent contractor, not City's employee. Vendor's employees or subcontractors are not City's employees. This Agreement does not create a partnership relationship. Neither party has authority to enter into contracts as agent for the other party. Vendor and City agree to the following rights consistent with an independent contractor relationship: 3 A. Vendor has the right to perform services for others during the term of this { Agreement; B. Vendor has the sole right to control and direct the means, manner and method by which services required by this Agreement will be performed; C. Vendor has the right to hire assistants as subcontractors, or to use employees to provide the services required by this Agreement; D. Vendor or its employees or subcontractors shall perform the services required hereunder. City shall not hire, supervise, or pay any assistants to help Vendor; E. Neither Vendor nor its employees or subcontractors shall receive any training from City in the skills necessary to perform the services required by this Agreement; F. City shall not require Vendor or its employees or subcontractors to devote -Rill time to performing the services required by this Agreement; and 9 f S S Y G. Neither Vendor nor its employees or subcontractors are eligible to participate in any employee pension,health,vacation pay, sick pay, or other fringe benefit plan of City. s 24.01 INSURANCE Vendor shall in all respects comply with the provisions delineated in Part I, Item 3 of City's Solicitation Number 12-021, Specification Numbers 11-998-15, 11-998-47, 11-998-68, 11-998-75, 11-998-85 dated February 2012,attached hereto as Exhibit"A." fiy t 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 and with all applicable laws.. Time is of the Essence. Vendor understands and agrees that time is of the essence and that any failure of Vendor to fulfill obligations for each portion of this Agreement within the agreed timeframes will constitute a material breach of this Agreement. Vendor shall be fully responsible for its delays or for failures to use best efforts in accordance with the terms of this Agreement. Where damage is caused to City due to Vendor's failure to perform in these circumstances, City may pursue any remedy available without waiver of any of City's additional legal rights or remedies. i 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. Waiver. No delay or omission by either party in exercising any right or power shall impair such right or power or be construed to be a waiver. A waiver by either party of any of the covenants to be performed by the other or any breach thereof shall not be construed to be a waiver of any succeeding breach or of any other covenant. No waiver of discharge shall be valid unless in writing and signed by an authorized representative of the party against whom such waiver or discharge is sought to be enforced. Confidentiality. Tire parties recognize and understand that City is subject to the Texas Public Information Act and its duties run in accordance therewith. IN WITNESS WHEREOF, the parties have duly executed this Agreement. 10 p 1 CITY OF ROUND ROCK,TEXAS x x By: Printed Name: Title: Date Signed: z FOR CITY,ATTEST: 3 i By: Sara L. White, City Clerk } _ 9 FOR CITY,APPROVED AS TO FORM: By: Stephan L. Sheets, City Attorney TEXAS DISPOSAL SYSTEMS,INC. By: Printe arae: "-'9A-30v,> SfyN AE�,1 Title: 6�c��( w� C•npo3�tk�ti (o � � Date Signed: ao 11 R P EXHIBIT SOLICITATION NUMBER 12-021 „A„ SPECIFICATION NUMBER 11-998-15 •11-998-47.11-998-68 •11-998-75.11-998-85 DATED:FEBRUARY 2012 CITY OF ROUND ROCK REQUEST FOR PROPOSAL RECYCLABLES COLLECTION AND PURCHASE PART GENERAL 1. PURPOSE: The City of Round Rock, herein after"City", seeks to contract with a qualified Individual, Firm, or I Corporation, hereafter referred to as"Respondent", all goods and services necessary for the collection and purchase of recyclable materials from various locations throughout the City. Services shall include the purchase, collection,transportation and recycling of City's recyclable material. Materials shall include, but are not limited to, Cardboard, Plastics, Paper,Aluminum, Glass,Tin, Steel, Lead/Acid Batteries,Tires, Brass and Copper. City's g intent is to sell said materials to the highest qualified bidder or, if required, obtain the best low price for the removal I of these items. i 2. DEFINITIONS,TERMS AND CONDITIONS: By submitting a response to this solicitation, the Respondent agrees that the City's standard Definitions,Terms and Conditions, in effect at the time of release of the solicitation, shall govern unless specifically provided otherwise in a separate agreement or on the face of a purchase order. Said Definitions, Terms and Conditions are subject to change without notice. It is the sole responsibility of respondents to stay apprised of changes. The City's Definitions, Terms and Conditions can be obtained from the City's website http://www.roundrocktexas.gov/home/index.asp?paqe=463. s I 3. INSURANCE: The Respondent shall meet or exceed ALL insurance requirements set forth by the Insurance Requirements as identified on the City's website at http://www.roundrocktexas.gov/home/index.asp?paqe=463. 4. ATTACHMENTS: Attachments A through B are herein made a part of this solicitation: 4.1. Attachment A: Reference Sheet 4.2. Attachment B: Previously awarded bid tabulation for Abitibi Bowater for paper. i 5. CLARIFICATION: For questions or clarifications of specifications,you may contact: Joy Baggett Purchasing Department City of Round Rock Telephone: 512-218-6682 jbaggett(a)round-rock.tx.us The individual listed above may be contacted by telephone or visited for clarification of the specifications only. No authority is intended or implied that specifications may be amended or alterations accepted prior to solicitation opening without written approval of the City of Round Rock through the Purchasing Department. 6. QUALIFICATIONS: The opening of a solicitation shall not be construed as the City's acceptance of such as qualified and responsive. All Respondents shall: 6.1. Be firms, corporations, individuals or partnerships normally engaged in the sale and distribution of commodity or provision of the services as specified herein. 6.2. Have adequate organization, facilities, equipment and personnel to ensure prompt and efficient service to the City. 6.3. Provide a representative list of services of a scale and complexity similar to the services being considered by the City.The list shall include the location, client, services provided by your firm, term of services and an owner contact name. 6.4. Identify key project staff,task leaders and sub-contractors along with their expected services to the City for the scope of work on behalf of the firm.The City reserves the right to approve or disapprove all sub- contractors prior to any work being performed. 1of11 SOLICITATION NUMBER 12-021 E s SPECIFICATION NUMBER I 11-998-15 •11-998-47.11-998-68 •11-998-75.11-998-85 DATED:FEBRUARY 2012 4 6.5. Provide the name, address,telephone number and E-MAIL of at least three(3)entities applicable to Municipal and/or Government projects that have utilized similar service for at least(two)2 years. City of Round Rock references are not applicable. References may be checked prior to award. Any negative 1 responses received may result in disqualification of submittal. NOTE: REFERENCE FORM PROVIDED. E- MAIL ADDRESSES ARE REQUIRED. x 7. BEST VALUE EVALUATION AND CRITERIA: Respondents may be required to make an oral presentation to the selection team to further present their qualifications. These presentations will provide the Respondent the opportunity to clarify their proposal and ensure a mutual understanding of the services to be provided and the approach to be used. All solicitations received may be evaluated based on the best value for the City. In determining best value,the City s may consider: i 4 7.1. Purchase price and terms; i 7.2. Reputation of Respondent and of Respondent's goods and services; 7.3. Quality of the Respondent's goods and services; 7.4. The extent to which the goods and services meet the City's needs; 7.5. Respondent's past relationship with the City; 7.6. The total long-term cost to the City to acquire the Respondent's goods or services; 7.7. Any relevant criteria specifically listed in the solicitation. i 7.8. The City reserves the right to reject any or all responses, or delete any portion of the response,or to accept any response deemed most advantageous, or to waive any irregularities or informalities in the response a received that best serves the interest and at the sole discretion of the City. 8. AGREEMENT TERM: The terms of the awarded agreement shall be as follows: 8.1. The initial term of the resulting agreement shall be three(3)consecutive twelve(12)month periods from the effective date. The agreement may be renewed for two (2)additional periods of time, not to exceed twelve (12) months each, provided both parties agree in writing. 8.2. The City reserves the right to review the Respondents'performance at the end of each twelve(12) month period and cancel all or part of the agreement(s)or continue the agreement(s)through the next period. 8.3. If the Respondent fails to perform its duties in a reasonable and competent manner,the City shall give written notice the respondent of the deficiencies and the respondent shall have thirty(30)days to correct such deficiencies. If the Respondent fails to correct the deficiencies with the thirty(30)days,the City may terminate the agreement by giving the respondent written notice of termination and the reason for the termination. 8.4. If the agreement is terminated,for any reason,the Respondent shall turn over all records,to include but not be limited to the following: records of repairs, services, deliveries, and replacement parts,to the City within fifteen (15)working days after completion of duties contained in the agreement. 9. PRICE INCREASE OR DECREASE: A price increase or decrease to the agreement may be considered based on the following: 9.1. The City may permit"unit price"adjustments upwardly or downwardly when correlated with a price index proposed by the Respondent and mutually agreed upon by the City. Unless otherwise indicated, the price index shall be the specified index as published by the Bureau of Labor statistics,Washington, DC 20212. The baseline index shall be the index announced for the month in which the solicitations opened. Unit prices may be adjusted for each renewal period and extension period in accordance with changes in index. 9.1.1. The allowable percent change shall be calculated by subtracting the baseline index from the index announced for the month in which the renewal option is exercised and dividing the result by the baseline index. 9.1.1.1.A=Baseline index from the month in which the solicitations opened or the month of the last approved price increase. 2 of 11 } C SOLICITATION NUMBER 12-021 g SPECIFICATION NUMBER 11-998-15 •11-998-07.11-998-68 •11-998-75.11-998-85 r DATED:FEBRUARY 2012 E i 9.1.1.2. B=Current and/or latest baseline index ' 9.1.1.3."B"minus"A", then divided by"A". Multiply sum by 100% equals the percent of the allowable price increase or decrease, "C". C = [( B —A ) -A] x100 % I s 9.1.2. The allowable percent change shall be rounded to the nearest one-hundredth of one percent and shall be the maximum unit price adjustment permitted, except that the vendor may offer price decreases in excess of the allowable percent change. I 9.2. PROCEDURE TO REQUEST INCREASE OR OFFER DECREASE. f 9.2.1. Mail the price increase request to the designated City Contract Specialist a minimum of 120 days prior to each renewal period. Vendor shall supply supporting documentation as justification for each request. City of Round Rock Purchasing Department ATTN: Contract Specialist F 221 E. Main Street Round Rock,Texas 78664-5299 i 9.2.2. Upon receipt of the request,the City reserves the right to either: accept the escalation as supported by the appropriate price index and make change to the purchase order within 30 days of the request, i negotiate with the vendor or cancel the agreement or purchase order if an agreement cannot be reached on the value of the increase. i 10. AWARD: The City reserves the right to enter into an agreement or a purchase order with a single award, split awards, non-award, or use any combination that best serves the interest and at the sole discretion of the City. Award announcement will be made upon City Council approval of staff recommendation and executed agreement. i Award announcement will appear on the City's website at http://www.roundrocktexas.gov/home/index.asp?paqe=463. 11. ACCEPTANCE:Acceptance inspection should not take more than five(5)working days. The vendor will be notified within this time frame if the services rendered are not in full compliance with the specifications. If any agreement or purchase order is canceled for non-acceptance,the needed good may be purchased elsewhere and the vendor may be charged full increase, if any, in cost and handling. 12. PROMPT PAYMENT POLICY: Payments will be made in accordance with the Texas Prompt Payment Law, Texas Government Code, Subtitle F, Chapter 2251. The City will pay Vendor within thirty days after the acceptance of the supplies, materials, equipment, or the day on which the performance of services was completed or the day, on which the City receives a correct invoice for the supplies, materials, equipment or services, whichever is later. The Vendor may charge a late fee (fee shall not be greater than that which is permitted by Texas law)for payments not made in accordance with this prompt payment policy; however, this policy does not apply to payments made by the City in the event: 12.1. There is a bona fide dispute between the City and Vendor concerning the supplies, materials, services or equipment delivered or the services performed that causes the payment to be late; or 12.2. The terms of a federal agreement, grant, regulation, or statute prevent the City from making a timely payment with Federal Funds; or 12.3. The is a bona fide dispute between the Vendor and a subcontractor or between a subcontractor and its suppliers concerning supplies, material, or equipment delivered or the services performed which caused the payment to be late; or 12.4. The invoice is not mailed to the City in strict accordance with instructions, if any, on the purchase order or agreement or other such contractual agreement. 13. NON-APPROPRIATION: The resulting Agreement is a commitment of the City's current revenues only. It is understood and agreed the City shall have the right to terminate the Agreement at the end of any City fiscal year if 3of11 SOLICITATION NUMBER 12-021 SPECIFICATION NUMBER 11-998-15 •11-998-47.11-998-68 •11-998-75.11-998-85 DATED:FEBRUARY 2012 f the governing body of the City does not appropriate funds sufficient to purchase the estimated yearly quantities, as determined by the City's budget for the fiscal year in question. The City may affect such termination by giving Vendor a written notice of termination at the end of its then current fiscal year. 14. INTERLOCAL COOPERATIVE CONTRACTING(PIGGYBACK): Other governmental entities may be extended the s opportunity to purchase off of the City's Agreements,with the consent and agreement of the awarded vendor(s)and the City. Such consent and agreement shall be conclusively inferred from lack of exception to this clause in a Respondent's submittal. However,all parties indicate their understanding and hereby expressly agree that the City is not an agent of,partner to, or representative of those outside agencies or entities and that the City is not obligated or liable for any action or debts that may arise out of such independently negotiated"piggyback"procurements. I f PART II d z S SCHEDULE E 1. SOLICITATION SCHEDULE: It is the City's intention to comply with the following solicitation timeline: 1.1. Solicitation released February 17, 2012 1.2. Pre-Solicitation Meeting and Site Visit(Mandatory) February 28, 2012 I 9:30—10:00 AM F Deepwood Recycling Center 310 Deepwood Drive Round Rock,Texas 78664 i 10:30—11:00 AM Vehicle Maintenance Facility 901 Luther Peterson Place Round Rock,Texas 78665 11:00—11:30 AM Waterline and Wastewater Line Maintenance Facility 910 Luther Peterson Place Round Rock,Texas 78665 12:00—12:30 PM Water Treatment Plant 5200 N. IH 35 Round Rock,Texas 78681 1.3. Deadline for questions March 2,2012 1.4. City responses to all questions or addendums March 7,2012 1.5. Responses due by 3:00 PM March 13,2012 1.6. Oral Presentation (if necessary) April 2012 All questions regarding the solicitation shall be submitted in writing by 5:00 PM on the due date noted above. A copy of all the questions submitted and the City's response to the questions shall be posted on our webpage, http://www.roundrocktexas.gov/home/index.asp?paqe=463. Questions shall be submitted to the City contact named in PART I, Paragraph 5. The City reserves the right to modify these dates. Notice of date change will be posted to the City's website. 4of11 SOLICITATION NUMBER 12-021 SPECIFICATION NUMBER 11-998-15 •11-998-47.11-998-68 •11-998-75.11-998-85 r DATED:FEBRUARY 2012 2. PRE-SOLICITATION MEETING,SITE VISITS AND INSPECTION:- A mandatory pre-solicitation meeting, site visit and inspection will be conducted to fully acquaint Respondents with the sites and facilities. The site inspections will immediately follow the pre-solicitation meeting. The pre-solicitation meeting will be conducted as noted in Part II, Paragraph 1, sub-paragraph 1.2. 2.1. The City considers this pre-solicitation meeting mandatory. The City reserves the right to determine a response"not available for award" if the Respondent fails to attend this pre-solicitation meeting. Respondents shall sign-in at the pre-solicitation meeting to document their attendance. i 2.2. Respondents are required to provide their own transportation for the meeting and site inspections. 2.3. It is the responsibility of the Respondent to examine the sites to determine quantity, amounts,take precise measurements,material requirement assessment and other solicitation related details during said inspection. 3. RESPONSE DUE DATE: Signed and sealed responses are due no later than 3:00 PM,on the date noted in PART II, Paragraph 1, sub-paragraph 1.5, to the Purchasing Department. Mail or carry sealed responses to: i City of Round Rock Purchasing Department 221 E. Main Street Round Rock,Texas 78664-5299 3.1. Responses received after this time and date shall not be considered. ; 3. 3.2. Sealed responses shall be clearly marked on the outside of packaging with the Solicitation title, number, due date and "DO NOT OPEN". 3.3. Facsimile or electronically transmitted responses are not acceptable. i 3.4. Late responses will be returned to Respondent unopened if a return address is provided. 4. 'IMPORTANT**SOLICITATION UPDATES AND NOTIFICATIONS: Respondents are responsible for monitoring the City's website http://www.roundrocktexas.gov/home/index.asp?page=462 for updates and other notifications pertaining to this solicitation. Updates and notifications may include addendums, cancellations or other information pertinent to submitting a correct and accurate response. The City assumes no responsibility for said communication beyond updating the website as noted. 5. AGREEMENT NEGOTIATIONS: In establishing an agreement as a result of the solicitation process,the City may: 5.1. Review all submittals and determine which Respondents are reasonably qualified for award of the agreement. 5.2. Determine the Respondent whose submittal is most advantageous to the City considering the evaluation criteria. 5.3. Attempt to negotiate with the most responsive Respondent an agreement at fair and reasonable terms, conditions and cost. 5.4. If negotiations are successful, enter into an agreement or issue a purchase order. 5.5. If not successful,formally end negotiations with that Respondent. The City may: 5.5.1. Select the next most highly qualified Respondent and attempt to negotiate an agreement at fair and reasonable terms, conditions and cost with that Respondent. 5.5.2. Continue this process until an agreement is entered into or all negotiations are terminated. 5.6. Reserve the right to reject any or all submittals,or to accept any submittal deemed most advantageous, or to waive any irregularities or informalities in the submittal received. 6. POST AWARD MEETING: The City and Respondent shall have a post award meeting to discuss, but not be limited to the following: 6.1. Provide City contact(s) information for implementation of agreement. 6.2. Agreement terms and conditions. 5of11 E SOLICITATION NUMBER 12-021 SPECIFICATION NUMBER 11-998-15 •11-998-47.11-998-68 •11-998-75.11-998-85 DATED:FEBRUARY 2012 s 6.3. Identify specific milestones, goals and strategies to meet objectives. PART III i SPECIFICATIONS 1 1. SCOPE OF WORK: Services proposed shall include the purchase,collection,transportation and recycling of the City's recyclable material as specified herein. Materials shall include, but are not limited to, Cardboard, Plastics, Paper,Aluminum, Glass,Tin, Steel, Lead/Acid Batteries, Tires, Brass and Copper. The City's intent is to sell said materials for the highest possible price or, if required, obtain the best low price for the removal of these items. i 2. PRICING: Pricing indicated in the proposal shall be all inclusive of all labor, equipment, testing,freight,fees and fuel necessary to perform the service specified herein. No fuel surcharge shall be permitted. 3. CURRENT MATERIAL AND CONTAINERS: Proposed containers shall be provided at the Respondent's expense and shall meet the minimum material volume requirements detailed herein. Proposed container sizes and configuration for each site shall optimize traffic flow and allow for the least frequent pick-up schedule as is practical. The following container and bale sizes are CURRENTLY in use by the City and are approximate: Deepwood Recycling Center 3.1. Corrugated Cardboard: Bale Size 60x3Ox46 Inches 3.2. Plastics 3.2.1. Option#1 3.2.1.1. #1-7 Baled Together: Bale Size 60x3Ox42 Inches 3.2.2. Option#2 3.2.2.1. #1 Polyethylene terephthalate(PET)Alone: Bale Size 60x3Ox42 Inches 3.2.3. Option#2 3.2.3.1. #2 Alone HDPE(high density polyethylene): Bale Size 30x3Ox26 Inches 3.2.4. Option#2 3.2.4.1. #3-7 Baled Together: Bale Size 30x3Ox26 Inches 3.3. Paper: Two (2) 30 Yard Enclosed Packer Box 3.4. Aluminum: One(1) 30 Yard Open Top Roll Off 3.5. Glass: One(1) 30 Yard Open Top Roll Off 3.6. Tin/Steel: 3.6.1. Option#1 Scrap metal with Non-Freon Appliances 3.6.1.1. Cans, large scrap metal including Non-chlorofluorocarbon items-non-Freon appliances(items including but not limited to washers, dryers, hot water heaters and stoves) Two(2) 30 Yard Open Top Roll Off 3.6.2. Option#2 Scrap metal including Freon and Non-Freon Appliances 3.6.2.1. Cans, large scrap metal including Non-Chlorofluorocarbon items and Chlorofluorocarbon items—Freon and Non-Freon appliances (items including but not limited to washers, dryers, hot water heaters, stoves, refrigerators,freezers and air conditioning units) Two(2) 30 Yard Open Top Roll Off 3.6.3. Option#3 Freon and Non-Freon Appliances ONLY 3.6.3.1. Non-Chlorofluorocarbon and Chlorofluorocarbon, Freon and Non-Freon appliances(items including but not limited to washers, dryers, hot water heaters, stoves, 6of11 I: SOLICITATION NUMBER --------- 12-021 SPECIFICATION NUMBERK. 11-998-15 •11-998-47.11-998-68 •11-998-75.11-998-85 DATED:FEBRUARY 2012 refrigerators,freezers and air conditioning units) Two(2)30 Yard Open Top Roll Off 3.7. Lead/Acid Batteries: Pallets x Waterline Maintenance Facility 3.8. Steel: None—on ground, but container is r desired F 3.9. Copper: One(1)4'x4'Box Capacity 2,000 lbs Vehicle Maintenance Facility 3.10.Tires: None—on ground, but container is desired Water Treatment Plant 3.11.Brass: One(1)4'x4'Box Capacity 2,000 lbs. 4. ORDER QUANTITY: The quantities shown within the solicitation are estimates only of the City's current material volume. No guarantee of any minimum or maximum volume is made or implied. The City shall only utilize the services needed to satisfy operating requirements within budgetary constraints,which may be more or less than indicated. Current estimated annual material volume and pick-ups per year are as follows: A Current Estimated Annual Material Description Pick-Ups Quantity per Year a Corrugated Cardboard 100 Tons 8 Baled Plastics Option #1 18 Tons 8 i Baled Plastics Option #2 18 Tons 8 3 Paper 195 Tons 52 Aluminum 5 Tons 4 Glass 25 Tons 24 Deepwood Tin/Steel Option #1 50 Tons 24 Deepwood Tin/Steel Option #2 25 Tons 24 Deepwood Tin/Steel Option #3 25 Tons 24 Waterline Maintenance Steel 50 Tons 2 Lead/Acid Batteries 9 Tons 24 Tires 5 Tons 12 Brass 24 Tons 24 Copper 1 Ton z 7of11 i i 1 SOLICITATION NUMBER 12-021 SPECIFICATION NUMBER 11-998-15 •11-998-47.11-998-68 •11-998-75.11-998-85 DATED:FEBRUARY 2012 5. FREQUENCY AND SCHEDULING: The City currently utilizes the above outlined pick-up schedule. Pick-ups are currently initiated by the City via telephone call or e-mail to the vendor. Pick-ups currently take place no later than 48 hours from date of City's pick-up request. Respondent shall like service level and provide pick-up no later than 48 hours from notification of pick-up request from City unless otherwise specified in the Agreement. 5.1 Brass is currently dropped off by City at the current vendor's location in order to obtain an immediate weight and value manifest. If Brass container is proposed with pick-up schedule, vendor must be able to provide accurate weight and value on-site at the time of pick-up. If this is not possible, Respondent's location shall be within 60 miles of the City of Round Rock. 6. SUCCESSFUL RESPONDENT RESPONSIBILITIES: The successful Respondent shall be responsible for: 6.1. Adherence and conformance with all Governmental Regulatory Agencies relating to collection,transportation and disposal of items to include, but not limited to: The United States Environmental Protection Agency's Hazardous Materials Transportation Act(if proposing solution for battery or tin line items): http://www epa gov/oem/content/lawsregs/hmtaover htm#provisions The United States Department of Labor Occupational Health and Safety Administration(OSHA): http://www.osha.gov/SLTC/trucking industry/transportinghazardousmaterials.html 7.2. Providing proof of the firm's current Commercial Driver's License(CDL)with Hazardous Materials Endorsement from the Texas Department of Public Safety. http//www.txdps.state.tx.us/driverlicense/hme.htm 6.2. Coordinating with the City's representatives to establish pickup schedules and discuss any specific details pertaining to pick-ups. 6.3. Collecting all items completely with each visit. 6.4. Providing City's representatives with itemized Manifest Tickets at the time of pick-up indicating quantities of items collected from the site. 6.4.1. City representatives for each site shall be identified at the Post Award Meeting. 6. DAMAGE: The successful Respondent shall be responsible for damage to the City's equipment, property and environment,the workplace and its contents by its work, negligence in work, its personnel and equipment. 7. INVOICING AND PAYMENTS: Unless otherwise specified in the Agreement, all invoices, payments and a copy of the coordinating Manifest Ticket shall be furnished to the City as separate documents. 7.1 Contractor shall submit one original and one copy of each to the following address: City of Round Rock ATTN: Contract Management 221 E.Main Street Round Rock, Texas 78664 7.2 All payments made to City shall be made within 15 days of each pick-up and shall be made payable to City of Round Rock and sent with accompany corresponding statements to the above address. 7.3 Contractor shall make clear and definite separation of payable amounts from receivable amounts for accounting purposes. 8. PREVIOUS AWARD: The previously awarded bid tabulation for the collection and sale of paper by Abitibi Bowater is herein made a part of this solicitation for informational purposes as ATTACHMENT B. 7. SOLICITATION SUBMISSION REQUIREMENTS:To achieve a uniform review process and obtain the maximum degree of comparability,the responses shall be organized in the manner specified below. Responses shall not exceed twenty(20) pages in length (excluding title pages(s)and index/table of contents, attachments or dividers). Information in excess of those pages allowed will not be evaluated. One page shall be interpreted as one side of a double-spaced, printed, 81/2"X 11"sheet of paper. It is recommended that responses not be submitted in ringed binders or metal spirals to conserve cost for both the Respondent and the City. 8of11 I SOLICITATION NUMBER 12-021 SPECIFICATION NUMBER 11-998-15 •11-998-47.11-998-68 •11-998-75.11-998-85 DATED:FEBRUARY 2012 The Respondent shall submit one(1)original signed paper copy and one(3)copies, clearly identified as a"COPY" of its response. In addition,the Respondent shall submit one(1) CD or USB drive, each containing a complete copy of Respondent's submission in an acceptable electronic format(PDF, RTF,TXT, DOC, XLS). A complete copy of the response includes all documents required by this Solicitation. The CD shall be titled: "SOLICITATION NUMBER- Complete copy of[Name of Respondent]'s submission." If supplemental materials are included with the Response, each CD must include such supplemental materials. The response and accompanying documentation are the property of the City and will not be returned. 7.1. Title Pape(1 page)—Show the solicitation title and number, the name of your firm,address,telephone number(s) name of contact person and date. TAB#1 7.2• Letter of Transmittal(1 page)—Identify the services for which solicitation has been prepared. 7.2.1. Briefly state your firms understanding for the services to be performed and make a positive commitment to provide the services as specified. 7.2.2. Provide the name(s)of the person(s) authorized to make representations for your firm,their titles, address,telephone numbers and e-mail address. 7.2.3. The letter of each solicitation shall be signed in permanent ink by a corporate officer or other individual who has the authority to bind the firm. The name and title of the individuals(s)signing the solicitation shall be clearly shown immediately below the signature. TAB#2 7.3. Table of Contents(1 page)—Clearly identify the materials by Tab and Page Number. TAB#3 7.4• Previous Performance/Experience—Provide detailed information on firm with providing services as described in the Scope of Work. 7.4.1. Provide the name, address, telephone number and e-mail of at least three(3)entities applicable to Municipal and/or Government projects that have utilized similar service for at least(two)2 years. Include a brief overview of each project with, at a minimum, a short description of the services provided, including costs and methodology used for projects. 7.4.2. Attachment A: Reference Sheet. TAB#4 7.5. Available Resources and Consultant Location—Provide information on location, size, resources and business history of the firm to include date founded. TAB#5 7.6. Timeline—Respondent shall provide a detailed pick-up schedule as per the specifications contained herein. Schedule shall include timeline for new container placement, detail on proposed container type and size, and pick-up schedule for each material category and site location. TAB#6 7.7. Project Design—Respondent shall provide a recommended site layout for proposed containers and a coordinating pick-up schedule for the City's estimated volume. TAB#7 7.7.1. Respondent shall note"Not Applicable"for any item they cannot provide service for that is therefore not included in their response. 7.8. Purchase Price and Cost Proposal—Respondent shall include a purchase price for each material category and a cost proposal to provide services as described herein. 7.8.1. If available for each item category, Respondent shall propose a price index for each material category to accommodate price increases and decreases. TAB#8 7.9. Subcontractor Identification—Identification of any subcontractors to be used in the performance of Services. TAB#9 7.10. Licensure—Proof of required licensure as specified herein. 9of11 I SOLICITATION NUMBER 12-021 SPECIFICATION NUMBER 11-998-15 •11-99817.11-998-68 •11-998-75.11-998-85 DATED:JANUARY 2012 SOLICITATION INSTRUCTIONS ITEMS BELOW APPLY TO AND BECOME A PART OF TERMS AND CONDITIONS OF SOLICITATION ANY EXCEPTIONS THERETO MUST BE IN WRITING 1. SOLICITATION REQUIREMENTS: 1.1 Responding requires pricing per unit shown and extensions. If trade discount is shown on solicitation, it should be deducted and net line extensions shown. Respondents guarantees product offered will meet or exceed specifications identified in this Request for Proposal(RFP). 1.2 Responses shall be submitted in accordance with the solicitation. Each response shall be placed in a separate envelope completely and property identified. Responses must be in the Purchasing Department before the hour and date specified on the solicitation. 1.3 Late responses property identified will be returned to respondent unopened. Late responses will not be considered. 1.4 Respond F.O.B.destination,freight,prepaid,&allowed unless otherwise specified on the solicitation. If otherwise,show exact cost to deliver. 1.5 Response shall show unit price on quantity and unit of measure specified,extension and show total. In case of errors in extension,unit prices shall govern. Responses subject to unlimited price increase will not be considered. 1.6 Submitted prices shall be fine for acceptance 30 days from solicitation opening date. "Discount from List"responses are not acceptance unless requested. Cash discount will not be considered in determining the low response. All cash discounts offered will be taken if earned. 1.7 Responses shall give Tax Identification Number,full name and address of respondent Failure to sign will disqualify response. Person signing response shall show fitle and authority to bind signatories firm in an agreement. Firm name should appear on each page in the block provided in the upper right comer. Business Entity shall be one(1)of the following:Individual,Partnership,Sole Proprietorship,Estate/Trust,Corporation,Governmental.Non-profitall others shall be specked. INDIVIDUAL:List name and number as shown on Social Security Card. SOLE PROPRIETORSHIP:List legal name followed by legal business name and Social Security Number. ALL OTHERS:List legal name of entity and Tax Identification Number(TIN). 1.8 Responses cannot be altered or amended after opening time. Any Alterations made before opening time shall be initialed by respondent or an authorized agent No response can be withdrawn after opening time without approval of the CITY based on a written acceptable reason. 1.9 The City is exempt from State Sales Tax and Federal Excise Tax. Do not include tax in response. 1.10 The City reserves the right to accept or reject all or any part of response,waive minor technicalities and award the response to best serve the interests of the City.Split awards may be made at the sole discretion of the City. 1.11 Consistent and continued fie responses could cause rejection of responses by the City and/or investigation for antitrust violations. 1.12 Telephone,facsimile,and electronically transmitted responses are not acceptable in response to the solicitation. 1.13 CAUTION:Solicitation invitation allows sufficient time for receipt of the preferred mail response. The City shall not be responsible for responses received late,illegible, incomplete,or otherwise non-responsive. 2. SPECIFICATION: 2.1 Any catalog, brand name or manufacturer's reference used in the solicitation is descriptive only(not restrictive), and is used to indicate type and quality desired. Responses on brands of like nature and quality will be considered unless advertised under the provisions of Section 252.022 of the Texas Local Government Code. If other than brand(s)specified is offered,illustrations and complete descriptions of product offered are requested to be made a part of the response. If respondent takes no exceptions to specifications or reference data in response,respondent will be required to furnish brand names,numbers,etc.,as specified in the solicitation. 2.2 All items on the solicitation shall be new,in first class condition,including containers suitable for shipment and storage,unless otherwise indicated in the solicitation. Verbal agreements to the contrary will not be recognized. 2.3 Samples,when requested,must be furnished free of expense to the City. If not destroyed in examination,they will be returned to the respondent,on request,at respondent expense. Each example should be marked with respondents'name and address,City solicitation number and code. Do not enclose in or attach to response. 2.4 The City will not be bound by any oral statement or representation contrary to the written specifications of the solicitation. 2.5 Manufacturer's standard warranty shall apply unless otherwise stated in the solicitation. 3. TIE RESPONSES: In case of tie responses,the award will be made in accordance with Section 271.901 of the Texas Local Government Code. 4. DELIVERY: 4.1 Response shall show number of days required to place material in Citys designated location under normal conditions. Failure to state deliver time obligates respondent to complete delivery in fourteen(14)calendar days. Unrealistically short or long delivery promises may cause response to be disregarded. Consistent failure to meet delivery promises without valid reason may cause removal from Vendor list(See 4.2 following.) 4.2 If delay is foreseen,Vendor shall give written notice to the City. The City has the right to extend delivery date if reasons appear valid. Vendor shall keep the City advised at all times of status of order. Default in promised delivery(without acceptable reasons)or failure to meet specifications,authorizes the City to purchase supplies elsewhere and charge full increase,if any,in cost and handling to defaulting Vendor. 4.3 No substitutions or cancellations permitted without written approval of the City. 4.4 Delivery shall be made during normal working hours only,unless prior approval for late delivery has been obtained from the City, unless otherwise specked in the solicitation. 5. INSPECTION AND TESTS: All goods will be subject to inspection and test by the City to the extent practicable at all times and places. Authorized City personnel shall have access to any supplier's place of business for the purpose of inspecting merchandise. Tests may be performed on samples submitted with the response or on samples taken _ from regular shipments. If the products tested fail to meet or exceed all conditions and requirements of the specifications,the cost of the sample used and the cost of the testing shall be bome by the supplier. Goods,which have been delivered and rejected in whole or in part,may,at the City's option,be returned to the Vendor or held for disposition at Vendor's risk and expense. Latent defects may result in revocation of acceptance. 6. AWARD OF AGREEMENT: A response to a solicitation is an offer to contract with the City based upon the terms,conditions,and specifications contained in the solicitation. -Responses do not become agreements or purchase orders unless and until they are accepted by the City through its designates and an agreement or a purchase order is issued. The agreement or purchase order shall be governed,construed,and interpreted under the Charter of the City and the laws of State of Texas. All agreements or purchase orders are subject to the approval of the City Council or Manager. 7. PAYMENT. Vendor shall submit three(3)copies of an invoice showing the agreement or purchase order number on all copies. 8. PATENTS AND COPYRIGHTS: The Respondent agrees to protect the City from claims involving infringements of patents or copyrights. 9. RESPONDENT ASSIGNMENTS: Respondent hereby assigns to the purchaser any and all daims for overcharges associated with this agreement,which arise under the antitrust laws of the State of Texas.TX,Bus.And Comm.Code Ann.Sec.15.01,et seq.(1967). 10. RESPONDENT AFFIRMATION: 10.1 Signing the response with a false statement is a material breach of agreement and shall void the submitted response or any resulting agreements,and the Respondent shall be removed from all Vendor lists. By signature hereon affixed,the respondent hereby certifies that 10.2 The respondent has not given,offered to give,nor intends to give any time hereafter any economic opportunity,future employment,gift,loan,gratuity,special discount, Up,favor,or service to a public servant in connection with the submitted response. 10.3 The respondent is not currently delinquent in the payment of any debt owed the City. _ 10.4 Neither the respondent nor the firm,corporation,partnership,or any entity represented by the respondent,or anyone acting for such firm,corporation,or entity has Violated the antitrust laws of this State codified in Section 15.01 et Seq.Texas Business and Commercial Code,or the Federal Antitrust Laws,nor communicated directly _ or indirectly the response made to any competitor,or any other person engaged in such line of business. 10.5 The respondent has not received compensation for participation in the preparation of the specification for the solicitation. 11. NOTE TO RESPONDENTS: Any terms and conditions attached to response will not be considered unless the respondent specifically references them on the front of the response form. WARNING:Such terns and conditions may result in disqualification of the response(e.g.responses with the laws of a state other than Texas requirements for prepayment,limitations on remedies,etc.) The City of Round Rock can only accept responses which contain all the terms and conditions of its formal solicitation;in particular, all respondents'affirmations and certifications must be included. Submission of responses on forms other than Citys form may result in disqualification of your response. 12. INQUIRIES: Inquiries pertaining to Solicitation invitations must give Solicitation number,codes,and opening date. 10 of 11 I a SOLICITATION NUMBER 12-021 SPECIFICATION NUMBER 11-998-15 •11-998-47.11-998-68 •11-998-75.11-998-85 DATED:JANUARY 2012 ATTACHMENT A REFERENCE SHEET PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE SOLICITATION NUMBER: RESPONDENT'S NAME: DATE: Provide the name, address,telephone number and point of contact of at least three (3)firms applicable to Municipal and/or Government projects that have utilized similar service for at least two(2)years. City of Round Rock references are not applicable. References may be checked prior to award. Any negative responses received may result in disqualification of solicitation. 1. Company's Name: Name of Contact: Title of Contact: E-Mail Address: Present Address: City, State,Zip Code: Telephone Number: ( ) Fax Number: ( ) 2. Company's Name: Name of Contact: Title of Contact: E-Mail Address: Present Address: City, State,Zip Code: Telephone Number: ( ) Fax Number: ( ) 3. Company's Name: Name of Contact: Title of Contact: E-Mail Address: Present Address: City, State,Zip Code: Telephone Number: ( ) Fax Number: ( ) FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD. 11 of 11 Commercial !con^tt2iVi . -- 1;ILLING/REBATE PAY MENT IiNFORUVIAT.FOIv Bi[v Pt.l3CER/aF>"1'/COLLE,o CTI NS OlStonler Nance C k Service Location Name Tax I d 9 Customer Billing Address rvice Locatiola P$vsica!Address Attention(Title aCRemitranedContael Pcnon or Sponsor Group) COUNTY R-CODE Street sttea CitY.State,Zip L `; : v L -, City,State.Zip Customer§aaContact Person Service Location Contact Pelson Name ` Name l�C. Tel. i p� r C Z Tel. F lJJ Entail AJUres — Email.tddrexs -a a PICKUP CONTAINER SIZE Cooulner Info Contaimv Service Comtnenccmcnt y Cuntraci signature/Start Date - SCHEDULE Date Bio Placement Date) Coutrroet Ends Q Y� Z_J Quan�Ly/ Tppe �//1 / Cmc OwnrJ Renud �1 /V COhIhIODIfT'CODE f`IDIGlTOR REGION INDICATOR N DcsksiJc Bins t: t r 0.S_Ih FIGIVLO\t• I ! SLlhi.ilh[LID a OF CARTS �C JIMS TYPE /� Fi1G1'd.SiSDF lV pl\ED S I'ER MKT. yiCr.L\DICATOR FLOORS C'F.ILI,VCS TON REBATE LNDICATOR4: LESS SalesRepresentatiSeName SatcS1�eAPeselitattvell? �- le— -&- Karen Goldman 78801353 I taY Fu(tar as Fad Suchargt Y Haul Costs(Circle 1) special Instruction: rgeymeml Per pwmpor Month Extra PickupFcOLtft S tna..t crt t'i N S FOR OFFICE L:4E NOLY E�i'TERED AT CE,YtER BY(Mame) J t r ORIGINAL Proposal for City of Round Rock Recyclables Collection and Purchase Solicitation Number 12-021 TEXAS DISPOSAL SYSTEMS Submitted By:Jason Sanders Texas Disposal Systems, Inc. P.O. Box 17126 Austin,Texas 78760 Tel (512)421-1300 Fax(512)421-1325 www.texasdisposal.com March 20, 2012 LL) TEXAS DISPOSAL SYSTEMS TEXAS DISPOSAL SYSTEMS,INC. TEXAS DISPOSAL SYSTEMS LANDFILL,INC. P.O.Box 17126 Austin,TX 78760-7126 512.421.1300 512.421.1325(FAX) www.texasdisposal.com March 20, 2012 City of Round Rock 221 E. Main Street Round Rock,Texas 78664-5299 Dear Administrator: jWe have received your complete Request for Proposal and addendums and would like the opportunity to submit the enclosed proposal for recyclables collection and purchase for the City of Round Rock. Texas Disposal Systems, Inc. (TDS) has the experience and capability to support the City's goal to improve recycling collection services. At TDS, our motto is 'noticeably different, noticeably better". At first glance, it may seem hard for a waste services and recycling company to differentiate themselves substantially in the marketplace. I believe however,that as you read our proposal,you will find that TDS presents the City with a fresh new approach, as well as innovative ideas that truly add value to the City. TDS is a locally owned and operated Texas Corporation with a reputation for providing superior service. Our commitment to excellence and the environment extends past simply servicing your recycling needs. TDS has a dedicated team that is intimately aware of all aspects of your contract and is available to support you on a daily basis. Attached is our proposal and supporting documents addressing the City's needs. We would appreciate the opportunity to meet with staff to discuss our proposal and answer any questions. Respectfully, Jason San ers Recycling and Composting Coordinator Texas Disposal Systems 3606 FM 1327 Buda,TX 78610 Cell-512-804-8093 Office-512-421-7603 Fax-512-421-1325 Email-jsanders@texasdisposal.com TABLE OF CONTENTS SECTION 3. ....................................................PREVIOUS PERFORMANCE/EXPERIENCE 4. ............................. AVAILABLE RESOURCES AND CONSULTANT LOCATION 5. ...................................................................................................TIMELINE i6. .. PROJECT DESIGN 7. .................................................... PURCHASE PRICE AND COST PROPOSAL ...SUBCONTRACTOR IDENTIFICATION LICENSURE 10. .............................................................................................ADDENDUMS i ■ TEXAS DISPOSAL SYSTEMS PREVIOUS PERFORMANCE/EXPERIENCE We would like to mention several customers and programs TDS implemented in regards to landfill diversion by increased recycling programs. 1. AISD 3 years of service Contacts: Trish Compton @ 414-3208. We have worked with AISD over the last three years providing trash, recycling, and food waste composting for 121 schools. John Rocha, Principal of Menchaca Elementary School @ 414-5330. Menchaca Elementary of one of the schools included in the pilot program. TDS implemented a District-wide Single Stream recycling and composting program to the AISD schools in January, 2011. In 2011,AISD diverted more than 5.9 million pounds of recyclables and compostables from the landfill. 2. City of Kyle 10 years of service Contact: Jerry Hendrix,Assistant City Manager @ 5127262-3924. TDS implemented a successful pilot program and then contracted City-wide to use a 3 cart service to divert material from the landfill by recycling and composting at residents' homes. TDS and the City of Kyle residents increased our recycling diversion tonnage totals from 3%to 30%over the 9 month pilot program. 3. City of San Marcos 9y ears of service Contact: Jo Secrest, Public Services Program Coordinator @ 512-393-8036. Over the last 3 years,TDS has implemented Single Stream recycling for all Single-family dwellings and successfully increased recycling totals by over 50%. Additionally, a Multi-family recycling program was rolled out City-wide in February 2011 to all Multi-family residential units. SOLICITATION NUMBER 12-021 SPECIFICATION NUMBER 11-998-15•11-998-47•11-998-68•11-998-75•11-998-85 DATED:JANUARY 2012 ATTACHMENT A REFERENCE SHEET PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE SOLICITATION NUMBER: 12-021 RESPONDENT'S NAME: Texas Disposal Systems, Inc. DATE:March 13, 2012 Provide the name, address,telephone number and point of contact of at least three (3)firms applicable to Municipal and/or Government projects that have utilized similar service for at least two (2)years. City of Round Rock references are not applicable. References may be checked prior to award. Any negative responses received may result in disqualification of solicitation. 1. Company's Name: City of Kyle Name of Contact: Jerry Hendrix Title of Contact: Director of Community Development& Director of Communications E-Mail Address: ihendrix@citvofkyle.com cityofkyle.com Present Address: 100 W Center St City,State, Zip Code: Kyle,TX 78640 Telephone Number: (512)262-3924 Fax Number: ( 5171262-3987 2. Company's Name: City of San Marcos Name of Contact: Jo Secrest Title of Contact: Public Services Program Coordinator E-Mail Address: isecrestCcDsanmarcostx.gov Present Address: 630 E Hopkins City,State,Zip Code: San Marcos,TX 78666 Telephone Number: (512)393-8036 Fax Number: (512)393-8074 3. Company's Name: Austin Independent School District Name of Contact: Trish Compton Title of Contact: Clerical Staff Coordinator E-Mail Address: tcompton(@aus inisd.org Present Address: 1111 W 6"St City,State,Zip Code: Austin TX 78703 Telephone Number: (512)414-3208 Fax Number: (512)480-0545 FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD. 11 of 11 ■ 16ALL TEXAS DISPOSAL SYSTEMS AVAILABLE RESOURCES AND CONSULTANT LOCATION Texas Disposal Systems, Inc. (TDS) proposes to provide a full-service approach with emphasis on total quality service. Information about our history, local ownership, commitment to the community, record of environmental excellence,technological advancements,and more is included in this proposal. 35 Years Serving Central Texas i Founded in 1977 by two brothers, Bob and Jim Gregory, TDS has become the largest independently owned solid waste disposal, recycling, and composting company in Central Texas. The company has progressively grown in size and depth of service over the years. Beginning in the construction waste market with roll-off trucks in the late 1970's, the company has added new services and expanded its area of service to include all of Central Texas and parts of West Texas. TDS has demonstrated its ability to help customers manage solid waste and recycling in an environmentally sound manner. Our recycling efforts have been in place for more than 30 years. TDS has a long history of serving individuals, businesses, communities and school districts throughout Texas. Currently, TDS has municipal and school district contracts from as far West as Alpine and as far East as Sealy. We now service 24 Municipal contracts and 6 School Districts in Texas. TDS currently has more than 550 employees, and our management team consists of two owners, a COO/CFO, and s department Managing Directors who have extensive experience in the waste and recycling services industry. Exemplary Environmental Record Many believe that our Austin/Creedmoor landfill is the benchmark for landfill operations in the state of Texas. The Texas Disposal Systems Landfill (TDSL) facility has been operating since 1991 and has never received a fine for a single environmental violation. In fact, our landfill has won many environmental awards. We hope this will give the City of Round Rock peace of mind in knowing that you are partnering with a company that has a long history of environmental excellence and high quality standards. Innovative approach to Recycling The TDSL facility is the first landfill in the State with a dual-use permit. This allows the disposal facility not only to dispose of waste, but to recycle wood waste, metals and other reusable items. Through these efforts, TDSL was able to divert 150,000 tons of wood waste annually. This process was highlighted in an episode of This Old House showing how we not only divert, but also make a useful product for resale in a truly closed-loop recycling system. Garden-Ville, a sister company to TDS, then sells chemical-free, naturally organic compost materials in garden centers, on the Web, and now at H-E- B stores throughout Central Texas. This material typically would have gone into other companies' landfills. Material Recovery Facility Overview The TDS Commercial Single Stream Materials Recovery Facility (MRF) opened in October 2010. The TDS MRF is large enough to handle materials on a region-wide basis. Our facility is 104,000 sq. ft. and has the capacity to process more than 30 tons per hour. The facility is able to receive, process, and market mixed paper and fiber products, corrugated cardboard, boxboard, plastics #1-7, aluminum containers, steel,and glass. The TDS Single Stream MRF can take all these materials in a comingied fashion,and sort them by material for resale. All materials are processed and baled on-site, and the facility is built in such a way that TDS can double the capacity. Additionally, the TDS MRF is able to receive and process segregated, baled recyclable materials. The TDS Single Stream MRF is located in the Eco Industrial Park. This Eco Industrial Park will be used for manufacturing companies who utilize these raw materials in the manufacture of their end product. TDS is planning to have companies that utilize these recyclable materials on-site in the future, in order to help close the loop locally on these recycled materials.This will result in being less dependent on global commodity prices in order to sustain recycling efforts. Giving Back—Texas Style Many companies sponsor a single charity each year. TDS decided to take a different approach years ago. We built event facilities to host non-profit fundraising events for all types of non-profit organizations throughout Central Texas. This allows us to be involved with many worthy organizations in the area. We have hosted more than 1,600 events. We host these events at no charge, as a way of giving back to the community. To date, local non-profit groups have raised over$18.8 million at events hosted at our facilities. TDS would be glad to assist the City in formulating a plan for you to utilize this facility for select events, based upon availability. Customer Care Center At Texas Disposal Systems we strive to provide one of the finest customer call centers in the solid waste and recycling management industry. When you become a TDS Customer, you have access to a staff of i trained and dedicated individuals who can address any type of question or concern you may experience. Whether it is a billing question, request for an extra pick-up, change in service level or just a clarification on what is recyclable and compostable, the TDS Customer Care Call Center is available toll free to assist you from 7:00 AM to 5:30 PM five days per week. At TDS, we believe our customers should always talk to a "live person" when they contact our offices. We utilize a Call Distribution System, so we can efficiently route calls to an available Customer Care Representative that can help assist the customer directly. A caller can opt to leave a message and expect a return call on the same day if received before 4:00 PM. Services the TDS Customer Care Representative provides: • Answering inbound calls from existing customers • Creating accounts for new customers • Entering work orders for requested services • Accept payments 0 Respond to billing and payment inquiries • Working with customers to resolve concerns • Checks voicemail and email messages and respond in a timely manner • Digitally recorded calls for call quality monitoring By using call center technology and knowledgeable employees who understand that the customer is our biggest asset, TDS makes doing business as pleasant and as efficient as possible. By exceeding our customers' expectations with high quality service,we believe it makes TDS... "Noticeably Different, Noticeably Better" 1 { CC!� _ >r� �t r •` BnrshRerycling t. Center }nA 4 t t W� i t r � �' Aft rh. �' ��^..'"_a.=-_y v"rl.:�� '� \ ,Y'� �j•. }.. "k�. a' ., y..y�x 1 r� f �'C.� �� i .i,; Y�d T' �• `g:. l\ � { r f() 1� r ll� r'l�"R1 , 0+ 1 ly �• `}# Nil TV 50 ft i lm F 4 Vehicle Maintenance Facility 901 Luther Peterson PI Round Rock,TX 78665 Tires None—on ground, but container is desired y [tr c r Map Trac •I yi p,t• '� `'" �\4� ,,.. `�.�( � 'as+� _ � :-t� off• 00 , • { ,\ 0 a Edit in Google Gap!.taker Report a problem r 1. Tires 2. Scrap Metal at Vehicle Maintenance Facility Waterline and Wastewater Line Maintenance Facility 910 Luther Peterson PI Round Rock,TX 78665 Steel none—on ground, but container is desired Copper one (1)4'x4' Box,Capacity 2,000 lbs. ' v trlap fir RR,, Traffic � 5.T r M i q,y i rl�' {012 oogle Al ss®2Dt2 1 Report a problem +r, 1. Steel 2. Copper Water Treatment Plant I 5200 N IH 35 Round Rock,TX 78681 Brass one(1)4'x4' box,capacity 2,000 lbs. Map �r Traffic f L P t 1 f tyt� 0A 1 Ili- 5 N'z yf� ' (7 I'r Edit in Google!dap!.taker Report a problern 1. Brass ■ TEXAS DISPOSAL SYSTEMS PURCHASE PRICE AND COST PROPOSAL Estimated Current Annual Pick-Ups Purchase Monthly Proposed Container/ Material Description Quantity Per Year Price Haul Rate Rental Service 86%of published market Corrugated Cardboard 100 Tons 8 price $199 per haul Included Flat-bed Trailer 60%of published Baled Plastics Option market #1 18 Tons 8 price $199 per haul Included Flat-bed Trailer *26%of published Baled Plastics Option market $45 per #2 18 Tons 8 price $264 per haul month 30 yd Roll off $199 per haul Included Flat-bed Trailer $350 per 35 yd Self Contained $359 per haul month Compactor 61%of published ! market $75 per Paper 195 Tons 52 price $264 per haul month 40 yd PSU $350 per 35 yd Self Contained ' $359 per haul month Compactor 70%of published market $350 per 35 yd Self Contained Aluminum 5 Tons 4 price $359 per haul month Compactor $1.00 per $45 per Glass 25 Tons 24 ton $264 per haul month 30 yd Roll off 50%of Deepwood Tin/Steel published $264 per $45 per Option#1 50 Tons 24 market price haul month 30 yd Roll off 30%of published market price($20.00) per appliance Deepwood Tin/Steel for Freon $264 per $45 per Option#2 25 Tons 24 extraction haul month 30 yd Roll off 30%of published market price($20.00) per appliance Deepwood Tin/Steel for Freon $264 per $45 per Option#3 25 Tons 24 extraction haul month 30 yd Roll off I 50%of Waterline published $294 per $45 per Maintenance Steel 50 Tons 2 market price haul month 30 yd Roll off $2.00 per Combined with 40 yd. Lead/Acid Batteries 9 Tons 24 battery - - paper PSU $294 per Disposal fee of haul+ $45 per Tires 5 Tons 12 $18.75 per tire disposal month 40 yd Roll off 50%of Scrap Metal at Vehicle published $294 per $45 per Maintenance Facility market price haul month 30 yd Roll off 50%of 4yd Front load published $134 per container with Lock Brass 24 Tons 24 market price haul Included Bar 50%of 4yd Front load published $201 per container with Lock Copper 1 Ton 2 market price haul Included Bar *#3-7 plastic bales-200 of published market price 1 ■ TEXAS DISPOSAL SYSTEMS SUBCONTRACTOR IDENTIFICATION TDS will not employ subcontractors to be used in the performance of services. s Material Description Market Definition Corrugated Cardboard Official Board Markets southwest region high side value for OCC#11 Baled Plastics Option Secondary Materials Online Atlanta region low side value for baled commingle #1-#1-7 plastics#1-7 Baled Plastics Option #2-#1 PET bottle Secondary Materials Online Houston region low side value for baled PET#1 bales #2 Mixed HDPE bottle Secondary Materials Online Houston region average of low side values for baled bales HDPE Natural#2 and HDPE Color#2 Secondary Materials Online Atlanta region low side value for baled commingle #3-7 plastic bales plastics#1-7 Paper Official Board Markets southwest region high side value for Mixed Paper#2 Secondary Materials Online Houston region high side value for loose aluminum Aluminum cans Clean,source separated jars only. No plate glass, light bulbs, window, etc.will Glass be accepted. Tin/Steel Option#1 American Metals Markets Houston area for No.2 bundles Tin/Steel Option#2 American Metals Markets Houston area for No. 2 bundles Tin/Steel Option#3 American Metals Markets Houston area for No. 2 bundles Lead/Acid Batteries Car and Truck batteries Steel American Metal Markets Houston area for No. 2 Heavy Melt Copper American Metal Markets Houston area for#2 Copper Tires All tires must be without rims. Off road tires are subject to additional charges Brass American Metal Markets Houston area for Red Brass Solids TERMS AND CONDITIONS OF PROPOSED OFFER Rebate offers do not include cost to collect and transport recyclables to TDS facilities TDS reserves the right to determine all grade types of material depending on material composition and contamination levels Contamination levels shall not exceed 10%for any material TDS will calculate purchase prices based on 1st publish price in any given month All batteries must not be cracked or leaking. Lot size cannot exceed 300 lbs.per delivery. Batteries must be palletized and shrink wrapped. Battery loads must not exceed one(1)pallet per paper PSU haul. � �! -'1��, � r �; t`tt��l mjji, '• �� '�� `h I� /. �x ' 1� � r r 1 ;a��}A 1t� �� - �IWw//"ii: °i'1�5?`�4 �u'�r• / / ,;� ,r ,� "�/. �� •�� .u�///. � � . \�w' lli. �� (��{j• „� .,tip. r � .� �:y��.. ,%! .,,,-.ice' ��r.ill!\�%!!/.;�;:�' ��^�1`.1:: Sf .y �c 1\, ,�f:,' x•Ji �s��1! l:lflr.:�� ` L - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Texas Department of Public Safety e�t0fpj'b Certificate of Registration ;? o E x Metal Recycling Y g Y Entity T A E z J I. 0 .�'�� r•SERY�CE•P� CERTIFICATE #0101209 ! Location Name Location Address �i>\ TEXAS LANDFILL MANAGEMENT, 3016 FM 1327 LLC CREEDMOOR, TX 78610 Statutory Agent Valid GREGORY,BOB 8/15/2011 thru 8/15/2013 This certificate affirms the above stated metal recycling entity registered pursuant to Texas Occupations Code, Chapter 1956,on the date stated above,and makes no other representations or warranties; nor does this certificate make any representations or warranties to any person or entity,other than the named certificate _ holder at the address listed above,for whose sole benefit it is issued.Texas DPS assumes no liability to any person or entity in connection with the foregoing.' . Texas Department of Public Safety,Regulatory Services Division,5806 Guadalupe Street,Austin,Texas 78751 www.txdps.state.tx.us �„� �-' jS1 i"':�Z• - ...�� iw7771 �:.':� �:'*:71 `illt-: � � � �r��. i Y e a� 1+ �i �. .i ,f1i ti't .. .�" � ii„ �. :�',.�j•y a ' . �� ' ;�' ` � �IJlll�`�;':"%''f �' ��_ ��°�-�IIU��` �¢ � '�'� �� "��II��"•'`"u'rr�.r � �� #�>711t1��,�,:��'� �" ��; ; :s Texas Department of Health Robert Bernstein,M.D.,FA.0 P. 1100 West 49th Street Members of the Board Commissioner Austin,Texas 78756-3199 Frank Bryant,Jr..M.D.,F.A.A.F.P,.Chairman Robert A.MacLean,M.D. (512)458-7111 Raleigh R.White IV.M.D..Vice-Chairman Robert Commissioner r Oliver R.Srtuth,Jr.,D.C.,Secretary erstaff Professional Services Robert oan E.Bognhgam,M.D. Don L Brewer FAX• Gill Harber,D.D.S. i (572)458.7477 Larry D.Kruoala Donald M.Peterson,D.O.,f.A.C.G.P. William D.Poteel III,F.A.C.H.E. Joe N.Pyle.P.E. Milton L.Risinger,DY.M. Robert O.Robinson.M.D, Jose Roman,Jr.,M.D. Permit No. 2123 Isadore Roosth Coordinates: N 300 06.60' W 970 45.30' Barbara 7.51over,.R.Ph. Sr.Marian Strohmeyer,R.N.,M.P.H. PERMIT FOR A MUNICIPAL SOLID WASTE FACILITY Edward H.Zunker,O.D. issued under provisions of Texas Solid Waste Disposal Act, Chapter 361, Health and Safety Code and the Texas Department of Health's "Municipal Solid Waste Management Regulations" Permittee Site Owner Texas Disposal Systems Landfill, Inc. Texas Disposal Systems Landfill, Inc. P. 0. Box 9945 P. 0. Box 9945 Austin, Texas 78766 Austin, Texas 78766 Legal Description of Site: The legal description as submitted with the application is hereby made a part of this permit. Size and Location of Site: The site consists of 341.46 acres of land and is located approximate -- miles south of Austin near Creedmoor, 3 miles east of IH 35 on FM Road 1327,' adjacent to and on the north side of FM 1327, in the northwest - quadrant of the intersection of FM Road 1327 and Carl Road, in Travis County. Operational Classification of Site; Type I Waste Disp osal Methods Used at Site: Area method of .disposal with compaction of solid waste and cover with a minimum of six (6) inches of compacted earth not less often than once on each day of operation. Description of Waste Materials Processed at Site: Solid waste under the regulatory jurisdiction ot the Texas Department of Health, when disposed of or processed in accordance with the Department's "Municipal Solid Waste Management Regulations". 1 Findings of Fact and Conclusions of Law; Attached hereto and made a part hereof. Standard Prov'sio • Acceptance of this permit constitutes an acknowledgment that the permittee will comply with all of the terms , provisions, conditions , limitations and other restrictions embodied in this permit; with the "Municipal Solid Waste Management Regulations" of the Texas Department of Health; and with the pertinent laws of the State of Texas. Special Provisions: See Attachment - "Special Provisions for Municipal Solid Waste Permit No. 23". This permit will be valid until cancelled or revoked by the Commissioner of Health of the Texas Department of Health or until the site is completely filled and rendered unusable, whichever occurs first. Given under my hand and Seal of Office at Austin, Texas, on the 4th day of September 1990. r .ter oDerc r s n, n.U L ,_ . Commissioner of Health Client#:50329 TEXASDIS4 DATE(MM/DDNYYY) ACORDr. CERTIFICATE OF LIABILITY INSURANCE 3/05r2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the poi(cy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Insurance Network of Texas PHONE 979 542-3666FAX AIC No Ext: AIC No): 143 East Austin E-MAIL ADDRESS: Giddings,TX 78942-3299 INSURER(S)AFFORDING COVERAGE NAIC# 979 542-3666 INSURER A:Liberty Mutual Fire Insurance C 23035 INSURED INSURER B:Liberty Insurance Underwriters 19917 Texas Disposal Systems Inc. INSURER C:Liberty Insurance Corporation 42404 1 P.O.Box 17126 i INSURER D Austin,TX 78760 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ADDLTR TYPE OF INSURANCE NSR WVD POLICY NUMBER MM/DDI EFF POLICY EXP LIMITS j A GENERAL LIABILITY TB2Z91437831032 D1/15/2012 01/15/2013 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES Ea��oNccunence6300 000 CLAIMS-MADE a OCCUR MED EXP(Any one person) s5,000 X BI/PD Ded:15000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE 52,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOPAGG 62,000,000 POLICY jECT LOC 6 MBINED A AUTOMOBILE LIABILITY AS2Z91437831022 1/15/2012 01/15/2013 EaaccdenISINGLELIMIT 62,000,000 X ANY AUTO BODILY INJURY(Per person) s ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X NON-OWNED (Peraaccide DAMAGE 6 AUTOS $ B X UMBRELLA LIABOCCUR UMBDA1255262 1/15/2012 01/15/2013 EACH OCCURRENCE s3,000,000 EXCESS LIAR HCLAIMS-MADE AGGREGATE s3,000,000 DED I X RETENTION 510000 6 C WORKERS COMPENSATION WA7Z9D437831012 1/15/2012 01/15/201 X WCSTATU- OTH- AND EMPLOYERS'LIABILITY TORY I IMIT ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? a N I A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 61,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space Is required) CERTIFICATE HOLDER CANCELLATION Cit of Round Rock SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 221 E.Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Round Rock,TX 78664 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S389093/M381369 066 'ROUND ROCK,TEXAS PURPOSE.PASSION.PROSPERITY. CITY OF ROUND ROCK,TEXAS RECYCLABLES COLLECTION AND SALE RFP No. 12-021 Addendum No. 1 Date of Addendum: March 6.2012 Please note the clarification and/or additional information to the solicitation referenced above. 1. Q: Will vendors supply the containers? A: Vendors shall propose and supply all containers. 2. Q: Will the City consider flatbeds? A: Flatbeds are not acceptable. 3. Q: Will the City assist with loading material? i A: No. Vendor shall load all material. 4. Q: How long is the current vendor on site to load bailed plastics? A: Approximately 90 minutes. 5. Q: Is a roll off container acceptable for plastics? A: Yes. i 6. Q: How are tires currently being loaded? What is City's desired loading process for tires? A: Tires are currently stacked at the site then the vendor loads them. The City seeks to touch the tires once by placing them in a container in which a vendor can then haul them away. 7. Q: Is the Vehicle Maintenance scrap metal an additional line item for this solicitation? A: Yes. This steel is in additional to the specification issued on February 17,2012. 8. Q: How often is the Vehicle Maintenance scrap metal hauled off? A: Every two months. 9. Q: What type of container is desired for the steel at the Waterline Maintenance Facility? A: A small roll off container is desired. 10. Q: How often is the brass hauled from the Waterline Maintenance Facility? A: Every 6 months. 11. Q: Can responses be submitted with several proposals? A: Yes. Each must be labeled as such and submitted under separate cover. For example: ABC Recycling Response#1 ABC Recycling Response#2 Approved by Joy Bagget Purchaser By the signatures affixed below,Addendum No. 1 is hereby incorporated into and made a part of the above referenced solicitation. ACKNOWLEDGED Vendor l Au orized Tig-natLYe Date RETURN ONE COPY SIGNED COPY OF THIS ADDENDUM TO THE PURCHASING OFFICE WITH YOUR SEALED PROPOSAL. FAILURE TO DO SO MAY AUTOMATICALLY DISQUALIFY YOUR RESPONSE FROM CONSIDERATION FOR AWARD. I ''ROUND ROCK,TEXAS PURPOSE.PASSION.PROSPERITY. CITY OF ROUND ROCK, TEXAS RECYCLABLES COLLECTION AND SALE I RFP No. 12-021 Addendum No. 2 Date of Addendum: March 8, 2012 Please note the clarification and/or additional information to the solicitation referenced above. 1. Due to overwhelming interest in the project, an additional pre-solicitation meeting and site tour is being conducted. If a vendor attended the previous meeting held on February 28, 2012, attendance is optional at this meeting but not mandatory. If a vendor did NOT attend the previous meeting held on February 28, 2012, attendance at this meeting is mandatory. Attendance at each site is required in order to submit a response for that site's material. Date, time and location of the meeting is as follows: DATE: March 13, 2012 8:00 AM Deepwood Recycling Center 310 Deepwood Drive Round Rock, Texas 78664 8:30 AM Vehicle Maintenance Facility ` 901 Luther Peterson Place Round Rock, Texas 78665 9:00 AM Waterline and Wastewater Line Maintenance Facility 910 Luther Peterson Place Round Rock, Texas 78665 9:30 PM Water Treatment Plant 5200 N. IH 35 Round Rock, Texas 78681 2. Response Due Date is being extended to March 20, 2012 at 3:00 pm. All other response instructions remain unchanged. i Approved by Joy Baggett, Purchaser By the signatures affixed below, Addendum No. 2 is hereby incorporated into and made a part of the above referenced solicitation. ACKNOWLEDGED 7e-Ka-f 63aQ(al (C(/— Vendor yVendor Aut rized Signature Date RETURN ONE COPY SIGNED COPY OF THIS ADDENDUM TO THE PURCHASING OFFICE WITH YOUR SEALED PROPOSAL. FAILURE TO DO SO MAY AUTOMATICALLY DISQUALIFY YOUR RESPONSE FROM CONSIDERATION FOR AWARD. ; ■ TEXAS DISPOSAL SYSTEMS TIMELINE Containers used for the contract will be serviced on an on-call basis. Customer will call the TDS Customer Care Department to schedule pick-ups for each site location as needed. i I ROUNDROCK,TEXAS City Council Agenda Summary Sheet PURPOSE PASSION.PROSPERITY. Agenda Item No. G5. Consider a resolution authorizing the Mayor to execute an Agreement for Collection of Agenda Caption: Recyclables with Texas Disposal Systems, Inc. Meeting Date: October 11, 2012 Department: Utilities and Environmental Services Staff Person making presentation: Michael Thane Utilities Director Item Summary: Each year, the City's Deepwood Recycling Center collects several tons of various recyclable materials. These materials give the City an opportunity to generate profits by bidding out collections of specific products. Currently, the City has an agreement with both Central Texas Refuse and Auburn Metal Processing, LLC. on the collection of steel, but no agreement on the collection of scrap metal. On March 20, 2012, the City went out to bid on the collection of these recyclable products in order to obtain the highest revenue for the City. Two companies submitted bids for both the collection of steel and scrap metal; both items are being recommended for award to Texas Disposal Systems, Inc. (TDS).This contract is a three-year agreement, with the ability for renewal for an additional two years, that allows TDS to pick up certain recyclable products to be collected, transported, recycled, and/or disposed of, specifically products being steel from the City's Waterline and Wastewater Line Maintenance Facility and scrap metal from the City's Vehicle Maintenance Facility. Specifications within the contract for the collection of both steel and scrap metal include: -Vendor picks up materials at the designated facilities -Vendor pays City 50%market value(according to American Metal Markets Houston area for No. 2 Heave Metals) -City pays fixed haul rate of$294 per haul -City pays monthly rental fee of$45 per month for roll-off containers Cost: Revenue dependent on market Recommended Action: Approval i s s LLJ 0 0 izm CITY OF ROUND ROCK AGREEMENT FOR COLLECTION OF RECYCLABLES WITH TEXAS DISPOSAL SYSTEMS, INC. THE STATE OF TEXAS § CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § COUNTY OF TRAVIS § That this Agreement for collection of certain recyclables, (referred to herein as the "Agreement") is made and entered into on this the day of the month of , 2012, by and between the City of Round Rock, Texas, a home-rule municipality whose offices are located at 221 East Main Street, Round Rock, Texas 78664 (referred to herein as the "City"), and Texas Disposal Systems, Inc., a Texas corporation whose address is Post Office Box 17126, Austin, Texas 78760 (referred to herein as "Vendor"or' TDS"). This Agreement supersedes and replaces any previous agreement between the named parties, whether oral or written, and whether or not established by custom and practice. RECITALS: WHEREAS, City desires to have certain recyclable products collected, transported, recycled, and/or disposed of, such recyclable products specifically being steel from City's Waterline and Wastewater Line Maintenance Facility and scrap metal from City's Vehicle Maintenance Facility; and WHEREAS, City has issued Solicitation Number 12-021, Specification Numbers I1- 998-15, 11-998-47, 11-998-68, 11-998-75, 11-998-85 dated February 2012, to have such recyclable products collected, transported, recycled, and/or disposed of, and City has selected the 1 offer to provide such services submitted by TDS; and I WHEREAS,TDS agrees to provide such services for City on a contractual basis; 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, the parties mutually agree as follows: 255650/jkg 1.01 DEFINITIONS A. Agreement means the mutually binding legal contract between City and TDS whereby TDS is obligated to provide specified services and perform specified obligations, and City is obligated to perform specified obligations. The Agreement includes the following: (a) City's Solicitation Number 12-021, Specification Numbers 11-998-15, 11-998-47, 11-998-68, 11-998-75, 11-998-85 dated February 2012; (b) TDS's Response dated March 20, 2012; (c) the contract award; and (d) any exhibits, addenda, and/or amendments thereto, all attached as Exhibit "A" and incorporated herein by reference for all purposes. Any inconsistencies or conflicts in the contract documents shall be resolved by giving preference in the following order: (1) This Agreement; (2) TDS's Response dated March 20, 2012; (3) City's Invitation for Bids, exhibits,and attaclunents. B. City means the City of Round Rock, located in 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 goverrunent and the people, civil disturbances, explosions, or other causes not reasonably within the control of the party claiming such inability. E. Vendor or Texas Disposal Systems or TDS means Texas Disposal Systems, Inc., or any of its successors or assigns. 2.01 EFFECTIVE DATE,DURATION,AND TERM A. This Agreement shall be effective on the date it has been signed by both parties hereto, and shall remain in full force and effect unless and until it expires by operation of the term stated herein, or until terminated or extended as provided herein. B. The initial terra of this Agreement is for three (3) consecutive twelve (12) month periods from the effective date hereof. Thereafter, this Agreement may be renewed for two (2) additional periods not to exceed twelve (12) months for each renewal, only upon the express written agreement of both parties and only provided Vendor has performed each and every contractual obligation specified in this Agreement. 2 C. City reserves the right to review the relationship at any time, and may elect to terminate this Agreement with or without cause or may elect to continue. 3.01 COLLECTION REQUIREMENTS; REBATES; ESTIMATED QUANTITIES Any quantities stated in this section represent the best estimate of City's needs. City requires Vendor top rovide services for collection, transport, recycling, and/or disposal of the designated recyclables in accordance with Exhibit"A"and as follows: A. Steel from City's Waterline and Wastewater Line Maintenance Facility shall be picked up by Vendor on an on-call basis within forty-eight (48) hours following notification by City. Vendor shall pay City fifty percent (50%) of the published market price (American Metal Markets Houston area for No. 2 Heavy Melt), with the purchase price being calculated based upon the first published price in the month of City's notice to pick up. City shall pay a fixed haul rate of$294.00 per haul, and a monthly rental of $45.00 per month. Steel shall be picked up by Vendor in thirty (30) yard roll-off containers (said containers to be furnished by Vendor) from the Waterline and Wastewater Line Maintenance Facility, 910 Luther Peterson Place, Round Rock, Texas 78665. Estimated quantities are 50 tons annually. City shall incur no disposal charge for same. B. Scrap metal from City's Vehicle Maintenance Facility shall be picked up by Vendor on an on-call basis within forty-eight (48) hours following notification by City. Vendor shall pay City fifty percent (50%) of the published market price (American Metal Markets Houston area for No. 2 Heavy Melt), with the purchase price being calculated based upon the first published price in the month of City's notice to pick up. City shall pay a fixed haul rate of $294.00 per haul, and a monthly rental of$45.00 per month. Scrap metal shall be picked up by Vendor in thirty (30) yard roll-off containers (said containers to be fiirnished by Vendor) from the Vehicle Maintenance Facility, 910 Luther Peterson Place, Round Rock, Texas 78665. City shall incur no disposal charge for same. City and Vendor agree that there shall be no additional fees whatsoever charged to City or passed along to City or passed through to City. i The take-point for the designated recyclable products shall be as follows: 910 Luther Peterson Place,Round Rock,Texas 78665. 4.01 VENDOR' S OBLIGATION TO PROVIDE SERVICES As a continuing obligation, Vendor agrees to collect, transport, recycle, and/or dispose of the designated recyclable products from City in the estimated amounts, from the specified location, at the specified intervals,and to remit to City agreed payment and/or rebate amounts. 3 In the event Vendor does not collect, transport, recycle, and/or dispose of the agreed quantities of recyclable products, then City may contract for such services elsewhere, and Vendor may be charged the difference, if any. 5.01 VENDOR'S CONTRACTUAL RESPONSIBILITIES A. Vendor agrees to perform all of its contractual responsibilities and obligations in accordance with standards of the industry. Vendor shall use best efforts to supervise and direct its agents or employees competently,efficiently, and safely. Vendor shall adhere and conform to all legal responsibilities related to such collection, transportation and disposal of the recyclable products the subject of this Agreement. B. Vendor agrees to furnish and assume full responsibility for all services, facilities, equipment, materials and incidentals necessary for the proper collection, transport, removal, recycling,and/or disposal of the designated recyclable products the subject of this Agreement. C. Vendor agrees to obtain all permits and licenses, if any, and pay all fees necessary for the proper handling and removal of the designated recyclable products the subject of this Agreement. D. Vendor hereby affirms and confirms that it has the capability of properly and lawfully handling, removing, and disposing of the designated recyclable products the subject of this Agreement. E. Vendor agrees to coordinate with City's representative listed herein in Section 6.01 to establish pick-up schedules and to discuss and receive approval of any proposed changes. F. Vendor agrees to schedule pick-up of the designated recyclable products at a minimum of the times specified and upon request by City. G. Vendor agrees to provide City's representative with itemized and accurate documentation, in forms acceptable to City, indicating actual weight of materials collected; pickup route sheets; weight information input into Vendor's system; monthly reports that capture such information as pickup dates and weight collected for each pickup; and annual tonnage reports that capture total volume of material recycled for the calendar year, and approximate weights recovered by type of commodity. H. Vendor agrees to pick-up schedules that occur during City's regular business hours. Vendor shall utilize its own equipment and personnel, and both parties agree that no City equipment or forces shall be used. i i 6.01 CITY'S DESIGNATED REPRESENTATIVE City hereby designates the following representative authorized to act in its behalf with regard to this Agreement: 4 Rick Whisenant City of Round Rock,Utility Inventory Specialist 910 Luther Peterson Round Rock,Texas 78664 Telephone: (512)218-5570 rwhisenant a,roundrocktexas.gov 7.01 RATES AND PAYMENT; PRICE ADJUSTMENTS During the terns of this Agreement and any renewals, Vendor agrees to pay City for specified recyclable products taken at the following rates: 50% of the published market price (American Metal Markets Houston area for No. 2 Heavy Melt), with the purchase price being calculated based upon the first published price in the month of City's notice to pick up. Vendor shall render a separate invoice to City for any hauls made by Vendor, submitting one original and one copy of each statement on a monthly basis to City's representative. Same shall match all records provided to City's representative under Section 5.01(G). City shall.pay such invoices to Vendor in accordance with the Texas Prompt Payment Act. Vendor shall have the absolute obligation to pay City for any and all recyclables hauled hereunder, in accordance with this Agreement and/or any statements received from City. All payments by Vendor to City shall_be made payable to the City of Round Rock, Texas, shall be tendered to City's representative designated in Section 6.01, and shall accompany corresponding statements from City and/or City's representative. Pricing adjustments during the term of this Agreement, if any, shall be in accordance with Part I, Iter 9 of City's Request for Proposal under Solicitation Number 12-021, Specification Numbers 11-998-15, 11-998-47, 11-998-68, 11-998-75, 11-998-85 dated February 2012. 8.01 VENDOR'S OBLIGATION TO TAKE Vendor is obligated to take the estimated amounts specified in this Agreement, per twelve-month period. Vendor shall be obligated to pay City based on such contractual amount. Vendor agrees that City may pursue any remedy available to it at law or in equity, including but not limited to specific performance of this Agreement and/or any action to recover an amount of damages equal to such contractual amount. 9.01 CITY'S OPTION TO CONTRACT WITH OTHERS Should Vendor fail in its obligations to take the contractual amounts of delineated recyclable products, then and in that event City reserves its option to contract with other sources upon prior written notice of such failure and an opportunity to cure by Vendor. Vendor expressly agrees that, should City exercise its option to contract with other sources and the amount received is at a lower rate, then and in that event City may charge 5 Vendor the difference in price. Such action on the part of City shall not be considered an exclusive remedy, and shall not waive any other remedies available to City at law or in equity. 10.01 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. 11.01 DEFAULT Vendor shall be declared in default of this Agreement if it does any of the following: A. Fails to make any payment in frill when due; B. Fails to frilly, timely and faithfully perform any of its material obligations under this Agreement; i C. Fails to provide adequate assurance of performance tinder the "Right to Assurance"section herein; or D. Becomes insolvent or seeks relief under United States bankruptcy laws. 12.01 TERMINATION AND SUSPENSION A. City has the right to terminate this Agreement, in whole or in part, for convenience and without cause,at any time upon thirty(30)days' written notice to Vendor. B. In the event of any default by Vendor, City has the right to terminate this Agreement for cause, upon ten(10)days' written notice to Vendor. C. Vendor has the right to terminate this Agreement for cause, that being in the event of a material and substantial breach by City, or by mutual agreement to terminate evidenced in writing by and between the parties. D. Should Vendor fail to make any payment in fiill when due, then, in addition to any other rights and remedies available to City, City may immediately and without notice suspend any further relationship with Vendor until the amount due has been paid in full. 13.01 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, 6 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 negligent 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. 14.01 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. j 15.01 ASSIGNMENT AND DELEGATION The parties each hereby bind themselves, their successors, assigns and legal representatives to each other with respect to the terms hereof. Neither party shall assign, sublet or transfer any interest in this Agreement without prior written authorization of the other party. 16.01 NOTICES All notices and other communications in connection with this Agreement shall be In writing and shall be considered given as follows: A. When delivered personally to recipient's address as stated in this Agreement; or B. 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: Texas Disposal Systems,Inc. Jason Sanders,Recycling and Composting Coordinator 3606 FM 1327 Buda,TX 78610 Notice to City: Steve Norwood, City Manager Stephan L. Sheets, City Attorney 221 East Main Street AND TO: 309 East Main Street Round Rock, TX 78664 Round Rock, TX 78664 Nothing contained herein shall be construed to restrict the transmission of routine communications between representatives of City and Vendor. 7 17.01 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. 1$.01 EXCLUSIVE AGREEMENT This document and all appended documents constitute the entire Agreement between City and Vendor. This Agreement may only be amended or supplemented by mutual agreement of the parties hereto in writing. 19.01 SUPPLEMENTAL AGREEMENTS The terms of this Agreement may be modified by written Supplemental Agreement hereto, duly authorized by City Council or City Manager action, if City determines that there has been a significant change in (1) the scope, complexity, or character of the services to be performed; or (2) the duration of the work. Any such Supplemental Agreement must be executed by both parties within the period specified as the term of this Agreement. Vendor shall not perform any work or incur any additional costs prior to the execution, by both parties, of such Supplemental Agreement. Vendor shall make no claim for extra work done or materials furnished unless and until there is frill execution of any Supplemental Agreement, and City shall not be responsible for actions by Vendor nor for any costs incurred by Vendor relating to additional work not directly authorized by Supplemental Agreement. 20.01 DISPUTE RESOLUTION City and Vendor hereby expressly agree that no claims or disputes between the parties arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9 USC Section 1-14)or any applicable state arbitration statute. 21.01 SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion or provision held to be void. The parties further agree to amend this Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent this entire Agreement from being void should a provision which is of the essence of this Agreement be determined void. 8 22.01 INTERLOCAL COOPERATIVE CONTRACTING /PURCHASING Authority for local governments to contract with one another to perform certain govermmental functions and services, including but not limited to purchasing functions, is granted under Government Code, Title 7, Chapter 791, Interlocal Cooperation Contracts, Subchapter B and Subchapter C, and Local Government Code, Title 8, Chapter 271, Subchapter F, Section 27 1.101 and Section 271.102. Other governmental entities within the State of Texas may be extended the opportunity to purchase off of the City of Round Rock's bid, with the consent and agreement of the successful vendor(s) and Round Rock. The Vendor will offer other governmental entities the same rates as the City if said entity has similar recyclables volume and similar service requirements as the City of Round Rock. Such agreement shall be conclusively inferred for the vendor from lack of exception to this clause in the vendor's response. Flowever, all parties hereby expressly agree that the City of Round Rock is not an agent of, partner to, or representative of those outside agencies or entities and that the City of Round Rock is not obligated or liable for any action or debts that may arise out of such independently-negotiated "piggyback"procurements. 23.01 INDEPENDENT CONTRACTOR STATUS I Vendor is an independent contractor, not City's employee. Vendor's employees or subcontractors are not City's employees. This Agreement does not create a partnership relationship. Neither party has authority to enter into contracts as agent for the other party. Vendor and City agree to the following rights consistent with an independent contractor relationship: A. Vendor has the right to perforin services for others during the term of this Agreement; B. Vendor has the sole right to control and direct the means, manner and method by which services required by this Agreement will be perforrned; C. Vendor has the right to hire assistants as subcontractors, or to use employees to provide the services required by this Agreement; D. Vendor or its employees or subcontractors shall perform the services required hereunder. City shall not hire,supervise, or pay any assistants to help Vendor; E. Neither Vendor nor its employees or subcontractors shall receive any training from City in the skills necessary to perform the services required by this Agreement; F. City shall not require Vendor or its employees or subcontractors to devote full time to performing the services required by this Agreement; and 9 G. Neither Vendor nor its employees or subcontractors are eligible to participate in any employee pension, health, vacation pay, sick pay, or other fringe benefit plan of City. 24.01 INSURANCE Vendor shall in all respects comply with the provisions delineated in Part I, Item 3 of City's Solicitation Number 12-021, Specification Numbers 11-998-15, 11-998-47, 11-998-68, 11-998-75, 11-998-85 dated February 2012, attached hereto as Exhibit"A." 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 and with all applicable laws. Time is of the Essence. Vendor understands and agrees that time is of the essence and that any failure of Vendor to fulfill obligations for each portion of this Agreement within the agreed timeframes will constitute a material breach of this Agreement. Vendor shall be fully responsible for its delays or for failures to use best efforts in accordance with the terms of this Agreement. Where damage is caused to City due to Vendor's failure to perform in these circumstances, City may pursue any remedy available without waiver of any of City's additional legal rights or remedies. Force Majeure. Neither City nor Vendor shalt 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. Waiver. No delay or omission by either party in exercising any right or power shall impair such right or power or be construed to be a waiver. A waiver by either party of any of the covenants to be performed by the other or any breach thereof shall not be construed to be a waiver of any succeeding breach or of any other covenant. No waiver of discharge shall be valid unless in writing and signed by an authorized representative of the party against whom such waiver or discharge is sought to be enforced. Confidentiality. The parties recognize and understand that City is subject to the Texas Public Information Act and its duties run in accordance therewith. IN WITNESS WHEREOF, the parties have duly executed this Agreement. 10 CITY OF ROUND ROCK,TEXAS By: Printed arae: Title: V&34,409- Date Signed: 0.1—(2.. FOR CITY,ATTEST: By: Sara L. White, City Clerk FOR CITY,APPROVED A TO FORM: By: Step4hanl Sheets, City Attorney TEXAS DISPOSAL SYSTEMS,INC. By: Printed ame: _SrtsoW S4oub*K Title: Kc,-y�jty k aw C--+ L.0 /t'� Date Signed: •9-a a ��(�. 11 i EXHIBIT SOLICITATION NUMBER j 12-021 ��A�� SPECIFICATION NUMBER 11-998-15 •11-998-47.11-998-68 •11-998-75.11-998-85 E DATED:FEBRUARY 2012 CITY OF ROUND ROCK REQUEST FOR PROPOSAL RECYCLABLES COLLECTION AND PURCHASE PART GENERAL 1. PURPOSE: The City of Round Rock, herein after"City", seeks to contract with a qualified Individual, Firm, or Corporation, hereafter referred to as"Respondent", all goods and services necessary for the collection and purchase of recyclable materials from various locations throughout the City. Services shall include the purchase, collection,transportation and recycling of City's recyclable material. Materials shall include, but are not limited to, Cardboard, Plastics, Paper,Aluminum, Glass,Tin, Steel, Lead/Acid Batteries, Tires, Brass and Copper. City's intent is to sell said materials to the highest qualified bidder or, if required, obtain the best low price for the removal of these items. 2. DEFINITIONS,TERMS AND CONDITIONS: By submitting a response to this solicitation, the Respondent agrees that the City's standard Definitions,Terms and Conditions, in effect at the time of release of the solicitation, shall govern unless specifically provided otherwise in a separate agreement or on the face of a purchase order. Said Definitions, Terms and Conditions are subject to change without notice. It is the sole responsibility of respondents to stay apprised of changes. The City's Definitions,Terms and Conditions can be obtained from the City's website http://Www.roundrocktexas.gov/home/index.asp?paqe=463. 3. INSURANCE: The Respondent shall meet or exceed ALL insurance requirements set forth by the Insurance Requirements as identified on the City's website at http://www.roundrocktexas.gov/home/index.asp?page=463. 4. ATTACHMENTS: Attachments A through B are herein made a part of this solicitation: 4.1. Attachment A: Reference Sheet 4.2. Attachment B: Previously awarded bid tabulation for Abitibi Bowater for paper. 5. CLARIFICATION: For questions or clarifications of specifications,you may contact: Joy Baggett Purchasing Department City of Round Rock Telephone: 512-218-6682 ibaggett(a)round-rock.tx.us The individual listed above may be contacted by telephone or visited for clarification of the specifications only. No authority is intended or implied that specifications may be amended or alterations accepted prior to solicitation opening without written approval of the City of Round Rock through the Purchasing Department. 6. QUALIFICATIONS: The opening of a solicitation shall not be construed as the City's acceptance of such as qualified and responsive. All Respondents shall: 6.1. Be firms, corporations, individuals or partnerships normally engaged in the sale and distribution of commodity or provision of the services as specified herein. 6.2. Have adequate organization,facilities, equipment and personnel to ensure prompt and efficient service to the City. 6.3. Provide a representative list of services of a scale and complexity similar to the services being considered by the City.The list shall include the location, client, services provided by your firm,term of services and an owner contact name. 6.4. Identify key project staff, task leaders and sub-contractors along with their expected services to the City for the scope of work on behalf of the firm.The City reserves the right to approve or disapprove all sub- contractors prior to any work being performed. 1 of 11 SOLICITATION NUMBER 12-021 SPECIFICATION NUMBER 11-998-15 -11-998-47-11-998-68 •11-998-75.11-998-85 DATED:FEBRUARY 2012 6.5. Provide the name, address,telephone number and E-MAIL of at least three(3)entities applicable to Municipal and/or Government projects that have utilized similar service for at least(two)2 years. City of Round Rock references are not applicable. References may be checked prior to award. Any negative responses received may result in disqualification of submittal. NOTE: REFERENCE FORM PROVIDED. E- MAIL ADDRESSES ARE REQUIRED. 7. BEST VALUE EVALUATION AND CRITERIA: Respondents may be required to make an oral presentation to the selection team to further present their qualifications. These presentations will provide the Respondent the opportunity to clarify their proposal and ensure a mutual understanding of the services to be provided and the approach to be used. All solicitations received may be evaluated based on the best value for the City. In determining best value,the City may consider: 7.1. Purchase price and terms; 7.2. Reputation of Respondent and of Respondent's goods and services; 7.3. Quality of the Respondent's goods and services; 7.4. The extent to which the goods and services meet the City's needs; 7.5. Respondent's past relationship with the City; 7.6. The total long-term cost to the City to acquire the Respondent's goods or services; 7.7. Any relevant criteria specifically listed in the solicitation. 7.8. The City reserves the right to reject any or all responses, or delete any portion of the response, or to accept any response deemed most advantageous, or to waive any irregularities or informalities in the response received that best serves the interest and at the sole discretion of the City. 8. AGREEMENT TERM: The terms of the awarded agreement shall be as follows: _ 8.1. The initial term of the resulting agreement shall be three(3)consecutive twelve(12) month periods from the effective date. The agreement may be renewed for two(2) additional periods of time, not to exceed twelve (12) months each, provided both parties agree in writing. 8.2. The City reserves the right to review the Respondents'performance at the end of each twelve (12) month period and cancel all or part of the agreement(s)or continue the agreement(s)through the next period. 8.3. If the Respondent fails to perform its duties in a reasonable and competent manner,the City shall give written notice the respondent of the deficiencies and the respondent shall have thirty(30)days to correct such deficiencies. If the Respondent fails to correct the deficiencies with the thirty(30)days,the City may terminate the agreement by giving the respondent written notice of termination and the reason for the termination. 8.4. If the agreement is terminated,for any reason,the Respondent shall turn over all records, to include but not be limited to the following: records of repairs, services, deliveries, and replacement parts,to the City within fifteen (15)working days after completion of duties contained in the agreement. 9. PRICE INCREASE OR DECREASE: A price increase or decrease to the agreement may be considered based on the following: 9.1. The City may permit"unit price"adjustments upwardly or downwardly when correlated with a price index proposed by the Respondent and mutually agreed upon by the City. Unless otherwise indicated,the price index shall be the specified index as published by the Bureau of Labor statistics,Washington, DC 20212. The baseline index shall be the index announced for the month in which the solicitations opened. Unit prices may be adjusted for each renewal period and extension period in accordance with changes in index. 9.1.1. The allowable percent change shall be calculated by subtracting the baseline index from the index announced for the month in which the renewal option is exercised and dividing the result by the baseline index. 9.1.1.1.A=Baseline index from the month in which the solicitations opened or the month of the last approved price increase. 2of11 SOLICITATION NUMBER 12-021 SPECIFICATION NUMBER 11-998-15 •11-998-47.11-998-68 -11-998-75.11-998-85 DATED:FEBRUARY 2012 9.1.1.2. B=Current and/or latest baseline index 9.1.1.3. "B" minus"A", then divided by"A". Multiply sum by 100% equals the percent of the allowable price increase or decrease, "C". C = [ ( B —A ) = A] x100 % 9.1.2. The allowable percent change shall be rounded to the nearest one-hundredth of one percent and shall be the maximum unit price adjustment permitted, except that the vendor may offer price decreases in excess of the allowable percent change. 9.2. PROCEDURE TO REQUEST INCREASE OR OFFER DECREASE. 9.2.1. Mail the price increase request to the designated City Contract Specialist a minimum of 120 days prior to each renewal period. Vendor shall supply supporting documentation as justification for each request. City of Round Rock Purchasing Department ATTN: Contract Specialist 221 E. Main Street Round Rock,Texas 78664-5299 9.2.2. Upon receipt of the request,the City reserves the right to either: accept the escalation as supported by the appropriate price index and make change to the purchase order within 30 days of the request, negotiate with the vendor or cancel the agreement or purchase order if an agreement cannot be reached on the value of the increase. 10. AWARD: The City reserves the right to enter into an agreement or a purchase order with a single award, split awards, non-award, or use any combination that best serves the interest and at the sole discretion of the City. Award announcement will be made upon City Council approval of staff recommendation and executed agreement. Award announcement will appear on the City's website at http://www.rou nd rocktexas._qov/home/i ndex.asp?paqe=463. 11. ACCEPTANCE:Acceptance inspection should not take more than five(5)working days. The vendor will be notified within this time frame if the services rendered are not in full compliance with the specifications. If any agreement or purchase order is canceled for non-acceptance, the needed good may be purchased elsewhere and the vendor may be charged full increase, if any, in cost and handling. 12. PROMPT PAYMENT POLICY: Payments will be made in accordance with the Texas Prompt Payment Law, Texas Government Code, Subtitle F, Chapter 2251. The City will pay Vendor within thirty days after the acceptance of the supplies, materials, equipment, or the day on which the performance of services was completed or the day, on which the City receives a correct invoice for the supplies, materials, equipment or services, whichever is later. The Vendor may charge a late fee (fee shall not be greater than that which is permitted by Texas law)for payments not made in accordance with this prompt payment policy; however, this policy does not apply to payments made by the City in the event: 12.1. There is a bona fide dispute between the City and Vendor concerning the supplies, materials, services or equipment delivered or the services performed that causes the payment to be late; or 12.2. The terms of a federal agreement, grant, regulation, or statute prevent the City from making a timely payment with Federal Funds; or 12.3. The is a bona fide dispute between the Vendor and a subcontractor or between a subcontractor and its suppliers concerning supplies, material, or equipment delivered or the services performed which caused the payment to be late; or 12.4. The invoice is not mailed to the City in strict accordance with instructions, if any, on the purchase order or agreement or other such contractual agreement. 13. NON-APPROPRIATION: The resulting Agreement is a commitment of the City's current revenues only. It is understood and agreed the City shall have the right to terminate the Agreement at the end of any City fiscal year if 3of11 SOLICITATION NUMBER 12-021 SPECIFICATION NUMBER 11-998-15 •11-998-47.11-998-68 •11-998-75.11-998-85 DATED:FEBRUARY 2012 the governing body of the City does not appropriate funds sufficient to purchase the estimated yearly quantities, as determined by the City's budget for the fiscal year in question. The City may affect such termination by giving Vendor a written notice of termination at the end of its then current fiscal year. 14. INTERLOCAL COOPERATIVE CONTRACTING(PIGGYBACK): Other governmental entities may be extended the opportunity to purchase off of the City's Agreements,with the consent and agreement of the awarded vendor(s)and the City. Such consent and agreement shall be conclusively inferred from lack of exception to this clause in a Respondent's submittal. However,all parties indicate their understanding and hereby expressly agree that the City is not an agent of, partner to, or representative of those outside agencies or entities and that the City is not obligated or liable for any action or debts that may arise out of such independently-negotiated"piggyback"procurements. PART II SCHEDULE 1. SOLICITATION SCHEDULE: It is the City's intention to comply with the following solicitation timeline: 1.1. Solicitation released February 17,2012 1.2. Pre-Solicitation Meeting and Site Visit(Mandatory) February 28, 2012 9:30—10:00 AM Deepwood Recycling Center 310 Deepwood Drive Round Rock, Texas 78664 10:30—11:00 AM Vehicle Maintenance Facility 901 Luther Peterson Place Round Rock, Texas 78665 11:00—11:30 AM Waterline and Wastewater Line Maintenance Facility 910 Luther Peterson Place Round Rock, Texas 78665 12:00—12:30 PM Water Treatment Plant 5200 N. IH 35 Round Rock,Texas 78681 1.3. Deadline for questions March 2, 2012 1.4. City responses to all questions or addendums March 7,2012 1.5. Responses due by 3:00 PM March 13,2012 1.6. Oral Presentation (if necessary) April 2012 All questions regarding the solicitation shall be submitted in writing by 5:00 PM on the due date noted above. A copy of all the questions submitted and the City's response to the questions shall be posted on our webpage, http://www.roundrocktexas.gov/home/index.asp?paqe=463. Questions shall be submitted to the City contact named in PART I, Paragraph 5. The City reserves the right to modify these dates. Notice of date change will be posted to the City's website. 4of11 SOLICITATION NUMBER 12-021 SPECIFICATION NUMBER 11-998-15 •11-998-47.11-998-68 •11-998-75.11-998-85 DATED:FEBRUARY 2012 2. PRE-SOLICITATION MEETING,SITE VISITS AND INSPECTION: A mandatory pre-solicitation meeting, site visit and inspection will be conducted to fully acquaint Respondents with the sites and facilities. The site inspections will immediately follow the pre-solicitation meeting. The pre-solicitation meeting will be conducted as noted in Part II, Paragraph 1, sub-paragraph 1.2. 2.1. The City considers this pre-solicitation meeting mandatory. The City reserves the right to determine a response"not available for award" if the Respondent fails to attend this pre-solicitation meeting. Respondents shall sign-in at the pre-solicitation meeting to document their attendance. 2.2. Respondents are required to provide their own transportation for the meeting and site inspections. 2.3. It is the responsibility of the Respondent to examine the sites to determine quantity, amounts,take precise measurements, material requirement assessment and other solicitation related details during said inspection. 3. RESPONSE DUE DATE: Signed and sealed responses are due no later than 3:00 PM,on the date noted in PART 11, Paragraph 1, sub-paragraph 1.5, to the Purchasing Department. Mail or carry sealed responses to: City of Round Rock Purchasing Department 221 E. Main Street Round Rock,Texas 78664-5299 3.1. Responses received after this time and date shall not be considered. 3.2. Sealed responses shall be clearly marked on the outside of packaging with the Solicitation title, number, due date and "DO NOT OPEN". 3.3. Facsimile or electronically transmitted responses are not acceptable. 3.4. Late responses will be returned to Respondent unopened if a return address is provided. 4. 'IMPORTANT'SOLICITATION UPDATES AND NOTIFICATIONS: Respondents are responsible for monitoring the City's website http://www.roundrocktexas.gov/home/index.asp?page=462 for updates and other notifications pertaining to this solicitation. Updates and notifications may include addendums, cancellations or other information pertinent to submitting a correct and accurate response. The City assumes no responsibility for said communication beyond updating the website as noted. 5. AGREEMENT NEGOTIATIONS: In establishing an agreement as a result of the solicitation process,the City may: 5.1. Review all submittals and determine which Respondents are reasonably qualified for award of the agreement. 5.2. Determine the Respondent whose submittal is most advantageous to the City considering the evaluation criteria. 5.3. Attempt to negotiate with the most responsive Respondent an agreement at fair and reasonable terms, conditions and cost. 5.4. If negotiations are successful, enter into an agreement or issue a purchase order. 5.5. If not successful,formally end negotiations with that Respondent. The City may: 5.5.1. Select the next most highly qualified Respondent and attempt to negotiate an agreement at fair and reasonable terms, conditions and cost with that Respondent. 5.5.2. Continue this process until an agreement is entered into or all negotiations are terminated. 5.6. Reserve the right to reject any or all submittals, or to accept any submittal deemed most advantageous, or to waive any irregularities or informalities in the submittal received. 6. POST AWARD MEETING: The City and Respondent shall have a post award meeting to discuss, but not be limited to the following: 6.1. Provide City contact(s) information for implementation of agreement. 6.2. Agreement terms and conditions. 5of11 SOLICITATION NUMBER 12-021 SPECIFICATION NUMBER 11-998-15 •11-998-47.11-998-68 •11-998-75.11-998-85 DATED:FEBRUARY 2012 6.3. Identify specific milestones, goals and strategies to meet objectives. PART III SPECIFICATIONS 1. SCOPE OF WORK: Services proposed shall include the purchase, collection,transportation and recycling of the City's recyclable material as specified herein. Materials shall include, but are not limited to, Cardboard, Plastics, Paper,Aluminum, Glass, Tin, Steel, Lead/Acid Batteries, Tires, Brass and Copper. The City's intent is to sell said materials for the highest possible price or, if required, obtain the best low price for the removal of these items. 2. PRICING: Pricing indicated in the proposal shall be all inclusive of all labor, equipment, testing, freight,fees and fuel necessary to perform the service specified herein. No fuel surcharge shall be permitted. 3. CURRENT MATERIAL AND CONTAINERS: Proposed containers shall be provided at the Respondent's expense and shall meet the minimum material volume requirements detailed herein. Proposed container sizes and configuration for each site shall optimize traffic flow and allow for the least frequent pick-up schedule as is practical. The following container and bale sizes are CURRENTLY in use by the City and are approximate: Deepwood Recycling Center 3.1. Corrugated Cardboard: Bale Size 60x3Ox46 Inches 3.2. Plastics 3.2.1. Option#1 3.2.1.1. #1-7 Baled Together: Bale Size 60x3Ox42 Inches 3.2.2. Option#2 3.2.2.1. #1 Polyethylene terephthalate (PET)Alone: Bale Size 60x3Ox42 Inches 3.2.3. Option#2 3.2.3.1. #2 Alone HDPE(high density polyethylene): Bale Size 30x3Ox26 Inches 3.2.4. Option#2 3.2.4.1. #3-7 Baled Together: Bale Size 30x3Ox26 Inches 3.3. Paper: Two(2) 30 Yard Enclosed Packer Box 3.4. Aluminum: One(1) 30 Yard Open Top Roll Off 3.5. Glass: One(1) 30 Yard Open Top Roll Off 3.6. Tin/Steel: 3.6.1. Option#1 Scrap metal with Non-Freon Appliances 3.6.1.1. Cans, large scrap metal including Non-chlorofluorocarbon items-non-Freon appliances(items including but not limited to washers,dryers, hot water heaters and stoves) Two(2) 30 Yard Open Top Roll Off 3.6.2. Option#2 Scrap metal including Freon and Non-Freon Appliances 3.6.2.1. Cans, large scrap metal including Non-Chlorofluorocarbon items and Chlorofluorocarbon items—Freon and Non-Freon appliances(items including but not limited to washers, dryers, hot water heaters, stoves, refrigerators,freezers and air conditioning units) Two(2) 30 Yard Open Top Roll Off 3.6.3. Option#3 Freon and Non-Freon Appliances ONLY 3.6.3.1. Non-Chlorofluorocarbon and Chlorofluorocarbon, Freon and Non-Freon appliances(items including but not limited to washers, dryers, hot water heaters, stoves, 6of11 SOLICITATION NUMBER 12-021 SPECIFICATION NUMBER 11-998-15 •11-998-47.11-998-68 •11-998-75.11-998-85 DATED:FEBRUARY 2012 refrigerators,freezers and air conditioning units) Two(2)30 Yard Open Top Roll Off 3.7. Lead/Acid Batteries: Pallets Waterline Maintenance Facility 3.8. Steel: None—on ground, but container is desired 3.9. Copper: One(1)4'x4'Box Capacity 2,000 lbs Vehicle Maintenance Facility 3.10.Tires: None—on ground, but container is desired Water Treatment Plant 3.11.Brass: One(1)4'x4'Box Capacity 2,000 lbs. 4. ORDER QUANTITY: The quantities shown within the solicitation are estimates only of the City's current material volume. No guarantee of any minimum or maximum volume is made or implied. The City shall only utilize the services needed to satisfy operating requirements within budgetary constraints, which may be more or less than indicated. Current estimated annual material volume and pick-ups per year are as follows: ' Estimated Annual Current Material Description Pick-Ups Quantity Per Year Corrugated Cardboard 100 Tons 8 Baled Plastics Option #1 18 Tons 8 Baled Plastics Option #2 18 Tons 8 Paper 195 Tons 52 Aluminum 5 Tons 4 Glass 25 Tons 24 Deepwood Tin/Steel Option #1 50 Tons 24 Deepwood Tin/Steel Option #2 25 Tons 24 Deepwood Tin/Steel Option #3 25 Tons 24 Waterline Maintenance Steel 50 Tons 2 Lead/Acid Batteries 9 Tons 24 Tires 5 Tons 12 Brass 24 Tons 24 Copper 1 Ton 2 7of11 SOLICITATION NUMBER 12-021 SPECIFICATION NUMBER 11-998-15 •11-998-47.11-998-68 •11-998-75.11-998-85 DATED:FEBRUARY 2012 5. FREQUENCY AND SCHEDULING: The City currently utilizes the above outlined pick-up schedule. Pick-ups are currently initiated by the City via telephone call or e-mail to the vendor. Pick-ups currently take place no later than 48 hours from date of City's pick-up request. Respondent shall like service level and provide pick-up no later than 48 hours from notification of pick-up request from City unless otherwise specified in the Agreement. 5.1 Brass is currently dropped off by City at the current vendor's location in order to obtain an immediate weight and value manifest. If Brass container is proposed with pick-up schedule, vendor must be able to provide accurate weight and value on-site at the time of pick-up. If this is not possible, Respondent's location shall be within 60 miles of the City of Round Rock. 6. SUCCESSFUL RESPONDENT RESPONSIBILITIES: The successful Respondent shall be responsible for: 6.1. Adherence and conformance with all Governmental Regulatory Agencies relating to collection,transportation and disposal of items to include, but not limited to: The United States Environmental Protection Agency's Hazardous Materials Transportation Act(if proposing solution for battery or tin line items): http://www.epa.gov/oem/content/lawsregs/hmtaover.htm#provisions The United States Department of Labor Occupational Health and Safety Administration (OSHA): http://www.osha.gov/SLTC/trucking industry/transportinghazardousmaterials.html 7.2. Providing proof of the firm's current Commercial Driver's License(CDL)with Hazardous Materials Endorsement from the Texas Department of Public Safety. http://www.txdps.state.tx.us/driverlicense/hme.htm 6.2. Coordinating with the City's representatives to establish pickup schedules and discuss any specific details pertaining to pick-ups. 6.3. Collecting all items completely with each visit. 6.4. Providing City's representatives with itemized Manifest Tickets at the time of pick-up indicating quantities of items collected from the site. 6.4.1. City representatives for each site shall be identified at the Post Award Meeting. 6. DAMAGE: The successful Respondent shall be responsible for damage to the City's equipment, property and environment, the workplace and its contents by its work, negligence in work, its personnel and equipment. 7. INVOICING AND PAYMENTS: Unless otherwise specified in the Agreement, all invoices, payments and a copy of the coordinating Manifest Ticket shall be furnished to the City as separate documents. 7.1 Contractor shall submit one original and one copy of each to the following address: City of Round Rock ATTN: Contract Management 221 E. Main Street Round Rock,Texas 78664 7.2 All payments made to City shall be made within 15 days of each pick-up and shall be made payable to City of Round Rock and sent with accompany corresponding statements to the above address. 7.3 Contractor shall make clear and definite separation of payable amounts from receivable amounts for accounting purposes. 8. PREVIOUS AWARD: The previously awarded bid tabulation for the collection and sale of paper by Abitibi Bowater is herein made a part of this solicitation for informational purposes as ATTACHMENT B. 7. SOLICITATION SUBMISSION REQUIREMENTS:To achieve a uniform review process and obtain the maximum degree of comparability, the responses shall be organized in the manner specified below. Responses shall not exceed twenty(20)pages in length (excluding title pages(s) and index/table of contents, attachments or dividers). Information in excess of those pages allowed will not be evaluated. One page shall be interpreted as one side of a double-spaced, printed, 8 1/2"X 11"sheet of paper. It is recommended that responses not be submitted in ringed binders or metal spirals to conserve cost for both the Respondent and the City. 8of11 SOLICITATION NUMBER 12-021 SPECIFICATION NUMBER 11-998-15 -11-998-47-11-998-68 •11-998-75.11-998-85 DATED:FEBRUARY 2012 The Respondent shall submit one(1)original signed paper copy and one (3)copies, clearly identified as a"COPY" of its response. In addition,the Respondent shall submit one(1)CD or USB drive, each containing a complete copy of Respondent's submission in an acceptable electronic format(PDF, RTF,TXT, DOC, XLS). A complete copy of the response includes all documents required by this Solicitation. The CD shall be titled: "SOLICITATION NUMBER- Complete copy of[Name of Respondent]'s submission." If supplemental materials are included with the Response, each CD must include such supplemental materials. The response and accompanying documentation are the property of the City and will not be returned. 7.1. Title Pape(1 page)—Show the solicitation title and number, the name of your firm, address,telephone number(s) name of contact person and date. TAB#1 7.2• Letter of Transmittal(1 page)—Identify the services for which solicitation has been prepared. 7.2.1. Briefly state your firms understanding for the services to be performed and make a positive commitment to provide the services as specified. 7.2.2. Provide the name(s)of the person(s)authorized to make representations for your firm,their titles, address, telephone numbers and e-mail address. 7.2.3. The letter of each solicitation shall be signed in permanent ink by a corporate officer,or other individual who has the authority to bind the firm. The name and title of the individuals(s)signing the solicitation shall be clearly shown immediately below the signature. TAB 42 7.3. Table of Contents(1 page)—Clearly identify the materials by Tab and Page Number. TAB#3 7.4. Previous Performance/Experience—Provide detailed information on firm with providing services as described in the Scope of Work. 7.4.1. Provide the name, address,telephone number and e-mail of at least three(3)entities applicable to Municipal and/or Government projects that have utilized similar service for at least(two)2 years. Include a brief overview of each project with, at a minimum, a short description of the services provided, including costs and methodology used for projects. 7.4.2. Attachment A: Reference Sheet. TAB#4 7.5. Available Resources and Consultant Location—Provide information on location, size, resources and business history of the firm to include date founded. TAB#5 7.6. Timeline—Respondent shall provide a detailed pick-up schedule as per the specifications contained herein. Schedule shall include timeline for new container placement,detail on proposed container type and size, and pick-up schedule for each material category and site location. TAB#6 7.7. Project Design—Respondent shall provide a recommended site layout for proposed containers and a coordinating pick-up schedule for the City's estimated volume. TAB#7 7.7.1. Respondent shall note"Not Applicable"for any item they cannot provide service for that is therefore not included in their response. 7.8. Purchase Price and Cost Proposal—Respondent shall include a purchase price for each material category and a cost proposal to provide services as described herein. 7.8.1. If available for each item category, Respondent shall propose a price index for each material category to accommodate price increases and decreases. TAB#8 7.9. Subcontractor Identification—Identification of any subcontractors to be used in the performance of Services. TAB#9 7.10. Licensure—Proof of required licensure as specified herein. 9of11 SOLICITATION NUMBER 12-021 SPECIFICATION NUMBER 11-998-15 •11-998-47.11-998-68 •11-998-75.11-998-85 DATED:JANUARY 2012 SOLICITATION INSTRUCTIONS ITEMS BELOW APPLY TO AND BECOME A PART OF TERMS AND CONDITIONS OF SOLICITATION ANY EXCEPTIONS THERETO MUST BE IN WRITING 1. SOLICITATION REQUIREMENTS: 1.1 Responding requires pricing per unit shown and extensions. If trade discount is shown on solicitation, it should be deducted and net line extensions shown. Respondents guarantees product offered will meet or exceed specifications identified in this Request for Proposal(RFP). 1.2 Responses shall be submitted in accordance with the solicitation. Each response shall be placed in a separate envelope completely and properly identified. Responses must be in the Purchasing Department before the hour and date specified on the solicitation. 1.3 Late responses properly identified will be returned to respondent unopened. Late responses will not be considered. 1.4 Respond F.O.B.destination,freight,prepaid,&allowed unless otherwise specified on the solicitation. If otherwise,show exact cost to deliver. 1.5 Response shall show unit price on quantity and unit of measure specified,extension and show total. In case of errors in extension,unit prices shall govem. Responses subject to unlimited price increase will not be considered. 1.6 Submitted prices shall be firm for acceptance 30 days from solicitation opening date. "Discount from List"responses are not acceptance unless requested. Cash discount will not be considered in determining the low response. All cash discounts offered will be taken if earned. 1.7 Responses shall give Tax Identification Number,full name and address of respondent Failure to sign will disqualify response. Person signing response shall show fide and authority to bind signatories firm in an agreement. Firm name should appear on each page in the block provided in the upper right comer. Business Entity shall be one(1)of the following:Individual,Partnership,Sole Proprietorship,Estate/Trust,Corporation,Governmental.Non-profit,all others shall be specked. INDIVIDUAL:List name and number as shown on Social Security Card. SOLE PROPRIETORSHIP:List legal name followed by legal business name and Social Security Number. ALL OTHERS:List legal name of entity and Tax Identification Number(TIN). 1.8 Responses cannot be altered or amended after opening time. Any Alterations made before opening time shall be initialed by respondent or an authorized agent No response can be withdrawn after opening time without approval of the CITY based on a written acceptable reason. 1.9 The City is exempt from State Sales Tax and Federal Excise Tax. Do not include tax in response. 1.10 The City reserves the right to accept or reject all or any part of response,waive minor technicalities and award the response to best serve the interests of the City.Split awards may be made at the sole discretion of the City. 1.11 Consistent and continued be responses could cause rejection of responses by the City and/or investigation for antitrust violations. 1.12 Telephone,facsimile,and electronically transmitted responses are not acceptable in response to the solicitation. 1.13 CAUTION:Solicitation invitation allows sufficient time for receipt of the preferred mail response. The City shall not be responsible for responses received late,illegible, incomplete,or otherwise non-responsive. 2. SPECIFICATION: 2.1 Any catalog, brand name or manufacturers reference used in the solicitation is descriptive only(not restrictive), and is used to indicate type and quality desired. Responses on brands of like nature and quality will be considered unless advertised under the provisions of Section 252.022 of the Texas Local Government Code. If other than brand(s)specified is offered,illustrations and complete descriptions of product offered are requested to be made a part of the response. If respondent takes no exceptions to specifications or reference data in response,respondent will be required to furnish brand names,numbers,etc.,as specified in the solicitation. 2.2 All items on the solicitation shall be new,in first Gass condition,including containers suitable for shipment and storage,unless otherwise indicated in the solicitation. Verbal agreements to the contrary will not be recognized. 2.3 Samples,when requested, must be fumished free of expense to the City. If not destroyed in examination,they will be returned to the respondent, on request,at respondent expense. Each example should be marked with respondents'name and address,City solicitation number and code. Do not enclose in or attach to response. 2.4 The City will not be bound by any oral statement or representation contrary to the written specifications of the solicitation. 2.5 Manufacturers standard warranty shall apply unless otherwise stated in the solicitation. 3. TIE RESPONSES: In case of tie responses,the award will be made in accordance with Section 271.901 of the Texas Local Government Code. 4. DELIVERY: 4.1 Response shall show number of days required to place material in City s designated location under normal conditions. Failure to state deliver time obligates respondent to complete delivery in fourteen(14)calendar days. Unrealistically short or long delivery promises may cause response to be disregarded. Consistent failure to meet delivery promises without valid reason may cause removal from Vendor list(See 4.2 following.) 4.2 If delay is foreseen,Vendor shall give written notice to the City. The City has the right to extend delivery date if reasons appear valid. Vendor shall keep the City advised at all times of status of order. Default in promised delivery(without acceptable reasons)or failure to meet specifications,authorizes the City to purchase supplies elsewhere and charge full increase,if any,in cost and handling to defaulting Vendor. 4.3 No substitutions or cancellations permitted without written approval of the City. 4.4 Delivery shall be made during normal working hours only,unless prior approval for late delivery has been obtained from the City,unless otherwise specified in the solicitation. 5. INSPECTION AND TESTS: All goods will be subject to inspection and test by the City to the extent practicable at all times and places. Authorized City personnel shall have access to any supplier's place of business for the purpose of inspecting merchandise. Tests may be performed on samples submitted with the response or on samples taken from regular shipments. If the products tested fail to meet or exceed all conditions and requirements of the specifications,the cost of the sample used and the cost of the testing shall be borne by the supplier. Goods,which have been delivered and rejected in whole or in part,may,at the City's option,be returned to the Vendor or held for disposition at Vendors risk and expense. Latent defects may result in revocation of acceptance. 6. AWARD OF AGREEMENT: A response to a solicitation is an offer to contract with the City based upon the terns,conditions,and specifications contained in the solicitation. Responses do not become agreements or purchase orders unless and until they are accepted by the City through its designates and an agreement or a purchase order is issued. The agreement or purchase order shall be governed,construed,and interpreted under the Charter of the City and the laws of State of Texas. All agreements or purchase orders are subject to the approval of the City Council or Manager. 7. PAYMENT: Vendor shall submit three(3)copies of an invoice showing the agreement or purchase order number on all copies. 8. PATENTS AND COPYRIGHTS: The Respondent agrees to protect the City from claims involving infringements of patents or copyrights. 9. RESPONDENT ASSIGNMENTS: Respondent hereby assigns to the purchaser any and all claims for overcharges associated with this agreement,which arise under the antitrust laws of the State of Texas.TX,Bus.And Comm.Code Ann.Sec.15.01,et seq.(1967). 10. RESPONDENT AFFIRMATION: 10.1 Signing the response with a false statement is a material breach of agreement and shall void the submitted response or any resulting agreements,and the Respondent shall be removed from all Vendor lists. By signature hereon affixed,the respondent hereby certifies that 10.2 The respondent has not given,offered to give,nor intends to give any time hereafter any economic opportunity,future employment,gift,loan,gratuity,special discount, Up,favor,or service to a public servant in connection with the submitted response. 10.3 The respondent is not currently delinquent in the payment of any debt owed the City. 10.4 Neither the respondent nor the firm,corporation,partnership,or any entity represented by the respondent,or anyone acting for such firm,corporation,or entity has violated the antitrust laws of this State codified in Section 15.01 et Seq.Texas Business and Commercial Code,or the Federal Antitrust Laws,nor communicated directly or indirectly the response made to any competitor,or any other person engaged in such line of business. 10.5 The respondent has not received compensation for participation in the preparation of the specification for the solicitation. 11. NOTE TO RESPONDENTS: Any terms and conditions attached to response will not be considered unless the respondent specifically references them on the front of the response form. WARNING:Such terms and conditions may result in disqualification of the response(e.g.responses with the laws of a state other than Texas requirements for prepayment,Limitations on remedies,etc.) The City of Round Rock can only accept responses which contain all the terms and conditions of its formal solicitation;in particular, all respondents'affirmations and certifications must be included. Submission of responses on forms other than City's form may result in disqualification of your response. 12. INQUIRIES: Inquiries pertaining to Solicitation invitations must give Solicitation number,codes,and opening dale. 10 of 11 SOLICITATION NUMBER 12-021 SPECIFICATION NUMBER 11-998-15 -11-998-47-11-998-68 -11-998-75-11-998-85 DATED:JANUARY 2012 ATTACHMENT A REFERENCE SHEET PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE SOLICITATION NUMBER: RESPONDENT'S NAME: DATE: Provide the name, address,telephone number and point of contact of at least three (3)firms applicable to Municipal and/or Government projects that have utilized similar service for at least two(2)years. City of Round Rock references are not applicable. References may be checked prior to award. Any negative responses received may result in disqualification of solicitation. 1. Company's Name: Name of Contact: Title of Contact: E-Mail Address: Present Address: City, State,Zip Code: Telephone Number: ( ) Fax Number: ( ) 2. Company's Name: Name of Contact: Title of Contact: E-Mail Address: Present Address: City, State,Zip Code: Telephone Number: ( ) Fax Number: ( ) 3. Company's Name: Name of Contact: Title of Contact: E-Mail Address: Present Address: City, State,Zip Code: Telephone Number: ( ) Fax Number: ( ) FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD. 11 of 11 ---------- Comn-w-reial cionq�line.-p2acement 2-al (C"R TO R BILL-ING/REBATE FAYMLIViNFOMIIATHIJN- ----- ,[� Qsionier Nwnc MONService Location S Name ax Id 9 ns,.L,v\--e r Customer Billie address mice Locatioee ,G..1107,Fid.—M.Mrctcontacl Person or Sponsor umup) ddrc-ss %.UUN I y Rii-1 I ill g Street r y Street�_;- city.State.zip 7) City,State ZIP V Customer Contact Person Name Service Location Contact Person co Tsun=e li f.\r . Tel. . 1 —77-Q,l�, I -Iz FOX —-- wlEmail.\ddress� Y, CONTAINERSIZE --71�cxvp Coutain.,Into ICHEDTILE Cont"llet ervice Commencement Confractsigurl Coutmet Ends tri I. - Date Bill plqccnlcnt are) < Q—dzy/ Tyw COMMODrri'CODE I tMDIC,1TOR REGION INDICATO 9 OF SLI.A I S1.11,1JIM LID 0 F CI%RTS Jl.�ts TYPE FLOORS -Sw Slwi: 0 11'% ... a C-CILI,N,c Sz FIXED S I-Ep MIM JUNDICATOR I C TON REBArE INDICATORS,; LESS S Sales Representative Ninie -'jaies;Represeutative ID y 1;tou Karen Goldman 78801353 Fud Surcharge Y I Haul Costs(Circle 1) Per Pickup of Mandl Eltm Pickup Fee/Lift -r-1---,,cuw. S M-1 CPI Y Z"C' FOR OFFICE LLSE NLY L,q�,o AT CINN"MR BY(Name) 'T 'T"'ER SZ, 7 F, r ORIGINAL Proposal for City of Round Rock Recv clables Collection and Purchase Solicitation Number 12-021 _a TEXAS DISPOSAL SYSTEMS Submitted By:Jason Sanders -: Texas Disposal Systems, Inc. P.O. Box 17126 Austin,Texas 78760 Tel (512)421-1300 Fax(512)421-1325 www.texasdisposal.com March 20, 2012 TEXAS DISPOSAL SYSTEMS TEXAS DISPOSAL SYSTEMS,INC. TEXAS DISPOSAL SYSTEMS LANDFILL,INC. P.O.Box 17126 Austin,TX 78760-7126 512.421.1300 512.421.1325(FAX) www.texasdisposal.com March 20, 2012 City of Round Rock 221 E. Main Street Round Rock,Texas 78664-5299 Dear Administrator: jWe have received your complete Request for Proposal and addendums and would like the opportunity to submit the enclosed proposal for recyclables collection and purchase for the City of Round Rock. Texas Disposal Systems, Inc. (TDS) has the experience and capability to support the City's goal to improve recycling collection services. At TDS, our motto is 'noticeably different, noticeably better". At first glance, it may seem hard for a waste services and recycling company to differentiate themselves substantially in the marketplace. I believe however,that as you read our proposal,you will find that TDS presents the City with a fresh new approach, as well as innovative ideas that truly add value to the City. TDS is a locally owned and operated Texas Corporation with a reputation for providing superior service. Our commitment to excellence and the environment extends past simply servicing your recycling needs. TDS has a dedicated team that is intimately aware of all aspects of your contract and is available to support you on a daily basis. Attached is our proposal and supporting documents addressing the City's needs. We would appreciate the opportunity to meet with staff to discuss our proposal and answer any questions. Respectfully, Jason San ers Recycling and Composting Coordinator Texas Disposal Systems 3606 FM 1327 Buda,TX 78610 Cell-512-804-8093 Office-512-421-7603 Fax-512-421-1325 Email-jsanders@texasdisposal.com TABLE OF CONTENTS SECTION 3. ....................................................PREVIOUS PERFORMANCE/EXPERIENCE 4. ............................. AVAILABLE RESOURCES AND CONSULTANT LOCATION 5. ...................................................................................................TIMELINE 6. ....................................................................................... PROJECT DESIGN 7. .................................................... PURCHASE PRICE AND COST PROPOSAL 8. ......SUBCONTRACTOR IDENTIFICATION 9. ...................LICENSURE 10. .............................................................................................ADDENDUMS i ■ 6LL TEXAS DISPOSAL SYSTEMS PREVIOUS PERFORMANCE/EXPERIENCE We would like to mention several customers and programs TDS implemented in regards to landfill diversion by increased recycling programs. 1. AISD 3 years of service Contacts: Trish Compton @ 414-3208. We have worked with AISD over the last three years providing trash, recycling, and food waste composting for 121 schools. John Rocha, Principal of Menchaca Elementary School @ 414-5330. Menchaca Elementary of one of the schools included in the pilot program. s TDS implemented a District-wide Single Stream recycling and composting program to the AISD schools in January, 2011. In 2011,AISD diverted more than 5.9 million pounds of recyclables and compostables from the landfill. 2. City of Kyle 10 years of service Contact: Jerry Hendrix,Assistant City Manager @ 5127262-3924. TDS implemented a successful pilot program and then contracted City-wide to use a 3 cart service to divert material from the landfill by recycling and composting at residents' homes. TDS and the City of Kyle residents increased f our recycling diversion tonnage totals from 3%to 30%over the 9 month pilot program. } 3. City of San Marcos 9 years of service Contact: 10 Secrest, Public Services Program Coordinator @ 512-393-8036. Over the last 3 years,TDS has implemented Single Stream recycling for all Single-family dwellings and successfully increased recycling totals by over 50%. Additionally, a Multi-family recycling program was rolled out City-wide in February 2011 to all Multi-family residential units. i I is SOLICITATION NUMBER 12-021 SPECIFICATION NUMBER 11-998-15•11-998-47•11-998-68•11-998-75•11-998-85 DATED:JANUARY 2012 ATTACH M ENT A REFERENCE SHEET PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE SOLICITATION NUMBER: 12-021 RESPONDENT'S NAME: Texas Disposal Systems, Inc. DATE:March 13, 2012 Provide the name, address,telephone number and point of contact of at least three (3)firms applicable to Municipal and/or Government projects that have utilized similar service for at least two (2)years. City of Round Rock references are not applicable. References may be checked prior to award. Any negative responses received may result in { disqualification of solicitation. 1. Company's Name: City of Kyle Name of Contact: Jerry Hendrix Title of Contact: Director of Community Development& Director of Communications E-Mail Address: Ihendrix cityofkyle.com Present Address: 100 W Center St City,State,Zip Code: Kyle,TX 78640 Telephone Number: (512)262-3924 Fax Number: ( 514 262-3987 2. Company's Name: City of San Marcos Name of Contact: Jo Secrest Title of Contact: Public Services Program Coordinator E-Mail Address: ise crest Psa nma rcostx.gov Present Address: 630 E Hopkins City,State,Zip Code: San Marcos TX 78666 Telephone Number: (512)393-8036 Fax Number: ( 512)393-8074 3. Company's Name: Austin Independent School District Name of Contact: Trish Compton Title of Contact: Clerical Staff Coordinator E-Mail Address: tcompton@austinisd.org Present Address: 1111 W 6`'St City,State,Zip Code: Austin TX 78703 Telephone Number: (512)414-3208 Fax Number: ( 512)480-0545 FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD. 11 of 11 ' I i a 6LL TEXAS DISPOSAL SYSTEMS AVAILABLE RESOURCES AND CONSULTANT LOCATION Texas Disposal Systems, Inc. (TDS) proposes to provide a full-service approach with emphasis on total quality service. Information about our history, local ownership, commitment to the community, record of environmental excellence,technological advancements,and more is included in this proposal. i 35 Years Serving Central Texas r i Founded in 1977 by two brothers, Bob and Jim Gregory, TDS has become the largest independently r owned solid waste disposal, recycling, and composting company in Central Texas. The company has progressively grown in size and depth of service over the years. Beginning in the construction waste market with roll-off trucks in the late 1970's, the company has added new services and expanded its area of service to include all of Central Texas and parts of West Texas. TDS has demonstrated its ability x to help customers manage solid waste and recycling in an environmentally sound manner. Our recycling efforts have been in place for more than 30 years. i TDS has a long history of serving individuals, businesses, communities and school districts throughout Texas. Currently, TDS has municipal and school district contracts from as far West as Alpine and as far East as Sealy. We now service 24 Municipal contracts and 6 School Districts in Texas. TDS currently has more than 550 employees, and our management team consists of two owners, a COO/CFO, and department Managing Directors who have extensive experience in the waste and recycling services industry. F Exemplary Environmental Record Many believe that our Austin/Creedmoor landfill is the benchmark for landfill operations in the state of { Texas. The Texas Disposal Systems Landfill (TDSL) facility has been operating since 1991 and has never received a fine for a single environmental violation. In fact, our landfill has won many environmental s awards. We hope this will give the City of Round Rock peace of mind in knowing that you are partnering with a company that has a long history of environmental excellence and high quality standards. : Innovative approach to Recycling The TDSL facility is the first landfill in the State with a dual-use permit. This allows the disposal facility not only to dispose of waste, but to recycle wood waste, metals and other reusable items. Through these efforts, TDSL was able to divert 150,000 tons of wood waste annually. This process was highlighted in an episode of This Old House showing how we not only divert, but also make a useful product for resale in a truly closed-loop recycling system. Garden-Ville, a sister company to TDS, then sells chemical-free, naturally organic compost materials in garden centers, on the Web, and now at H-E- t` B stores throughout Central Texas. This material typically would have gone into other companies' landfills. i x i Material Recovery Facility Overview The TDS Commercial Single Stream Materials Recovery Facility (MRF) opened in October 2010. The TDS MRF is large enough to handle materials on a region-wide basis. Our facility is 104,000 sq. ft. and has the capacity to process more than 30 tons per hour. The facility is able to receive, process, and market mixed paper and fiber products, corrugated cardboard, boxboard, plastics #1-7, aluminum containers, steel,and glass. The TDS Single Stream MRF can take all these materials in a comingled fashion,and sort them by material for resale. All materials are processed and baled on-site, and the facility is built in such a way that TDS can double the capacity. Additionally, the TDS MRF is able to receive and process segregated, baled recyclable materials. The TDS Single Stream MRF is located in the Eco Industrial Park. This Eco Industrial Park will be used for manufacturing companies who utilize these raw materials in the manufacture of their end product. TDS is planning to have companies that utilize these recyclable materials on-site in the future, in order to help close the loop locally on these recycled materials.This will result in being less dependent on global commodity prices in order to sustain recycling efforts. Giving Back—Texas Style Many companies sponsor a single charity each year. TDS decided to take a different approach years ago. We built event facilities to host non-profit fundraising events for all types of non-profit organizations throughout Central Texas. This allows us to be involved with many worthy organizations in the area. We have hosted more than 1,600 events. We host these events at no charge, as a way of giving back to the community. To date, local non-profit groups have raised over$18.8 million at events hosted at our facilities. TDS would be glad to assist the City in formulating a plan for you to utilize this facility for select events, based upon availability. Customer Care Center At Texas Disposal Systems we strive to provide one of the finest customer call centers in the solid waste _t and recycling management industry. When you become a TDS Customer, you have access to a staff of trained and dedicated individuals who can address any type of question or concern you may experience. Whether it is a billing question, request for an extra pick-up, change in service level or just a clarification on what is recyclable and compostable, the TDS Customer Care Call Center is available toll free to assist you from 7:00 AM to 5:30 PM five days per week. At TDS, we believe our customers should always talk to a "live person" when they contact our offices. We utilize a Call Distribution System, so we can efficiently route calls to an available Customer Care Representative that can help assist the customer directly. A caller can opt to leave a message and expect a return call on the same day if received before 4:00 PM. Services the TDS Customer Care Representative provides: • Answering inbound calls from existing customers • Creating accounts for new customers • Entering work orders for requested services • Accept payments 0 Respond to billing and payment inquiries i { • Working with customers to resolve concerns • Checks voicemail and email messages and respond in a timely manner • Digitally recorded calls for call quality monitoring { By using call center technology and knowledgeable employees who understand that the customer is our biggest asset, TDS makes doing business as pleasant and as efficient as possible. By exceeding our customers'expectations with high quality service,we believe it makes TDS... f "Noticeably Different, Noticeably Better" 3- t f I. L F F: is 1 `s 4` 3; } 1. v' { E G.� > T,�d kr Brush Recycling c y. {. Center 1 t iL lw rw ,,. _ .-.r� .1.r Y ,41�.�1 d?.� t., • ,, ft's. fS � m*. 'fr � ' 1� L Lr�t'a i+ r�, srt i•+�'a i t }1 f N } .. n ikr, dk— c,4 V4 '.. t, t7 s 1 iy Vehicle Maintenance Facility 901 Luther Peterson PI Round Rock,TX 78665 Tires None—on ground, but container is desired r Map Traffic ' € ver ti i i.;1\ ten, • `,�r'}� 1%. �' •�` q�3 � n°��, ,-tib` � t ✓` Edit in Goo Ie Map thker Report a problem r; I I � 1. Tires 2. Scrap Metal at Vehicle Maintenance Facility f I I I SkS i 1 Y' r t t. I i Waterline and Wastewater Line Maintenance Facility ' 910 Luther Peterson PI Round Rock,TX 78665 i Steel none—on ground, but container is desired Copper one (1)4'x4' Box,Capacity 2,000 lbs. N I v frlap 1 Traffic � s ate+ fv { j 1 rz •e" ..` Q12 le Mets®2012 Report a problem 1. Steel 2. Copper i Water Treatment Plant 5200 N IH 35 Round Rock,TX 78681 Brass one (1)4'x4' box, capacity 2,000 lbs. r ,1 a Map Traffic - i 5 � :# I a } e " H1t I Edit in Google A1:p Id:4.er Report:problern F, i 1. Brass ■ TEXAS DISPOSAL SYSTEMS PURCHASE PRICE AND COST PROPOSAL Estimated Current Annual Pick-Ups Purchase Monthly Proposed Container/ Material Description Quantity Per Year Price Haul Rate Rental Service 86%of published s market Corrugated Cardboard 100 Tons 8 price $199 per haul Included Flat-bed Trailer - 60%of published Baled Plastics Option market #1 18 Tons 8 price $199 per haul Included Flat-bed Trailer *26%of published Baled Plastics Option market $45 per #2 18 Tons 8 price $264 per haul month 30 yd Roll off } $199 per haul Included Flat-bed Trailer i $350 per 35 yd Self Contained 1 $359 per haul month Compactor i 61%of published market $75 per Paper 195 Tons 52 price $264 per haul month 40 yd PSU $350 per 35 yd Self Contained $359 per haul month Compactor 70%of published market $350 per 35 yd Self Contained Aluminum 5 Tons 4 price $359 per haul month Compactor $1.00 per $45 per Glass 25 Tons 24 ton $264 per haul month 30 yd Roll off I s 50%of Deepwood Tin/Steel published $264 per $45 per Option#1 50 Tons 24 market price haul month 30 yd Roll off 30%of published market price($20.00) per appliance Deepwood Tin/Steel for Freon $264 per $45 per Option#2 25 Tons 24 extraction haul month 30 yd Roll off 30%of published market price($20.00) per appliance Deepwood Tin/Steel for Freon $264 per $45 per Option#3 25 Tons 24 extraction haul month 30 yd Roll off 50%of I Waterline published $294 per $45 per Maintenance Steel 50 Tons 2 market price haul month 30 yd Roll off $2.00 per Combined with 40 yd. Lead/Acid Batteries 9 Tons 24 battery - - paper PSU $294 per Disposal fee of haul+ $45 per Tires 5 Tons 12 $18.75 per tire disposal month 40 yd Roll off 50%of Scrap Metal at Vehicle published $294 per $45 per = I Maintenance Facility market price haul month 30 yd Roll off 50%of 4yd Front load published $134 per container with Lock Brass 24 Tons 24 market price haul Included Bar 50%of 4yd Front load ! 1 published $201 per container with Lock Copper 1 Ton 2 market price haul Included Bar { *#3-7 plastic bales-20%of published market price i i ■ r 6LL TEXAS DISPOSAL SYSTEMS SUBCONTRACTOR IDENTIFICATION TDS will not employ subcontractors to be used in the performance of services. t f 1 i i p � k! 1 i• k J } k. i { f, i t F Material Description Market Definition Corrugated Cardboard Official Board Markets southwest region high side value for OCC#11 Baled Plastics Option Secondary Materials Online Atlanta region low side value for baled commingle #1-#1-7 plastics#1-7 Baled Plastics Option #2-#1 PET bottle Secondary Materials Online Houston region low side value for baled PET#1 bales #2 Mixed HDPE bottle Secondary Materials Online Houston region average of low side values for baled 3 bales HDPE Natural#2 and HDPE Color#2 d i Secondary Materials Online Atlanta region low side value for baled commingle #3-7 plastic bales plastics#1-7 Paper Official Board Markets southwest region high side value for Mixed Paper#2 Secondary Materials Online Houston region high side value for loose aluminum Aluminum cans Clean, source separated jars only. No plate glass, light bulbs,window, etc. will Glass be accepted. Tin/Steel Option#1 American Metals Markets Houston area for No. 2 bundles Tin/Steel Option#2 American Metals Markets Houston area for No. 2 bundles Tin/Steel Option#3 American Metals Markets Houston area for No. 2 bundles s Car and Truck batteries Lead/Acid Batteries i Steel American Metal Markets Houston area for No. 2 Heavy Melt Copper American Metal Markets Houston area for#2 Copper Tires All tires must be without rims. Off road tires are subject to additional charges x Brass American Metal Markets Houston area for Red Brass Solids z' TERMS AND CONDITIONS OF PROPOSED OFFER Rebate offers do not include cost to collect and transport recyclables to TDS facilities TDS reserves the right to determine all grade types of material depending on material composition and contamination levels Contamination levels shall not exceed 10%for any material TDS will calculate purchase prices based on 1st publish price in any given month All batteries must not be cracked or leaking. Lot size cannot exceed 300 lbs.per delivery. _ Batteries must be palletized and shrink wrapped. s Battery loads must not exceed one(1)pallet per paper PSU haul. I ( ��` ,� �• , , �� p,�� °�,� 11111�,,,• '`��,'�.'� �,{�'��,;�:; IIulU�ii.�' '�•. •.all i��t� Uj1 ��.�, 1 ` �,� :u��lglll�,,��.•� �►f` i f' ` � ,� �::;+.�;� U,SI�.r_H,%• \�.:�\`.11ti�iJ,f.:..:�/� �� X1:15 S�i_�i� �: 1� i.*' 4"�.,,. .tom .i 'f�' /• C., 111) 1Sffl.:a.: /G �= Texas Department of Public Safety 'A,ofPit bCertificate of Registration ? Metal Recycling Entity k T A �9rFJr•SfAVICE•4CERTIFICATE #0101209 ' x;' Location Name Location Address 01 1 TEXAS LANDFILL MANAGEMENT, 3016 FM 1327 LLC CREEDMOOR, TX 78610 ' Statutory Agent Valid � •� GREGORY,BOB 8/15/2011 thru 8/15/2013 L This certificate affirms the above stated metal recycling entity registered pursuant to Texas Occupations Code, M Chapter 1956,on the date stated above,and makes no other representations or warranties; nor does this . certificate make any representations or warranties to any person or entity,other than the named certificate - holder at the address listed above,for whose sole benefit it is issued.Texas DPS assumes no liability to any person or entity in connection with the foregoing. Texas Department of Public Safety,Regulatory Services Division,5806 Guadalupe Street,Austin,Texas 78751 www.txdps.state.tx.us f - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - %/-� ,iil ``--.` may:. \ rte.:mi :,•:� -� i 7iS `lra � "?l•• �\� � 11 tti \ `;e, !ori. .} 1 1•� �.! j_ 13y ti�� `-�� '.r�i.'„ iSY i�' Q-i �''-%.!1' iii ,� "� ' � -��1111�1�.`�� fly �'� �•,�° Ulll�` ��., �r�i� �� -�/ ��..�.�„(fi'...r� `�� i/ �,;�,.,�,,� �` �� y •�`i ••. � 1'� � 'r• �J ti ZZ '' � \ � _ ,` I I �1 � ' ' I. � r il�� 1 � �PI IJ� l,�I I•i� S,� � �ji 1 �� 1 1 Texas Department of Health Robert Bernstein,M.D., F.A.C.P. 1100 West 49th Street Members of the Board Commissioner Austin,Texas 78756-3199 Frank Bryant,Jr.,M.D.,f.A.A.F,P,.Chairman r Robert A.MacLean,M.D. (512)458-7111 Raleigh R.White IV.M.D.,Vice-Chairman Deputy Commissioner Oliver R.smith,Jr.,D.C..Secretary Professional Services Joan Wood BiggerstaH Robert E.Bonham,M.D. FAX* Don L.Brewer Gill Harber,D.D.S. � (572)458-7477 larry D.KruDala Donald M.Peterson,D.O..f.A.C.C.P. William D.Poteet Ill.F.A.C.H.E. t Joe N.Pyle.Y.E. J Milton L.Rrsinger, Robert O.Robinson,xi.D, # Jose Roman,Jr.,M.D. t Permit No. 2123 Isadore Roosdt Coordinates: N 300 06.60' W 970 45.30' Barbara T.5tover,,R.Ph. Sr.Marian Strohmeyer,R.N.,M.P.H. PERMIT FOR A MUNICIPAL SOLID WASTE FACILITY Edward H.Zunker,O.D. issued underprovisions of Texas Solid Waste Disposal Act:, Chapter 361, Health and Safety Code and the Texas Department of Health's ^Municipal Solid Waste Management Regulations" Permittee Site Owner Texas Disposal Systems Landfill, Inc. Texas Disposal Systems Landfill, Inc. ' P. 0. Box 9945 P. 0. Box 9945 Austin, Texas 78766 Austin, Texas 78766 Legal Description of Site: The legal description as submitted with the application is hereby made a part of this permit. Size and Location of Site: The site consists of 341.46 acres of land and is i located approximate y miles south of Austin near Creedmoor, 3 miles east of IH 35 on FM Road 1327,' adjacent to and on the north side of FM 1327, in the northwest - quadrant of the intersection of FM Road 1327 and Carl Road, in Travis County. Operational Classification of Site: Type I Waste Dis osal Methods Used at Site: Area method of .disposal with compaction of solid waste and cover with a minimum of six (6) inches of compacted earth not less t often than once on each day of operation. Description of Waste Materials rocessed at Site: Solid waste under the J regulatory jurisdiction ot the Texas Department of Health, when disposed of or } rocessed in accordance with the Department's "Municipal Solid Waste Management Regulations". Findings of Fact and Conclusions of Law: Attached hereto and made a part hereof. J a Standard Provision: Acceptance of this permit constitutes an acknowledgment that the permittee will comply with all of the terms , provisions, conditions, limitations and other restrictions embodied in this permit; with the "Municipal Solid Waste Management Regulations" of the Texas Department of Health; and with the pertinent laws of the State of Texas. Special Provis'ons: See Attachment - "Special Provisions for Municipal Solid ' aste Permit o. 23". This permit will be valid until cancelled or revoked by the Commissioner of Health of the Texas Department of Health or until the site is completely filled and rendered unusable, whichever occurs first. Given under my hand and Seal of Office at Austin, Texas, on the 4th day of September 1990. oDert r s n, , . ..U. Commissioner of Health Client#: 50329 TEXASDIS4 ACORDru CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 3/05/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. s IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Insurance Network of TexasPHONE 979 542-3666 AIC No E.,); AIC No: 143 East Austin E-MAIL s ADDRESS: Giddings,TX 78942-3299 INSURER(S)AFFORDING COVERAGE NAIC# f 979 542-3666 INSURER A:Liberty Mutual Fire Insurance C 23035 INSURED INSURER B:Liberty Insurance Underwriters 19917 Texas Disposal Systems Inc.� w P.O.Box 17126 SURER C:Liberty Insurance Corporation 42404 INSURER D: Austin,TX 78760 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MM/DD MMIDD/YYYY A GENERAL LIABILITY TB2Z91437831032 01/1512012 01/15/2013 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DpMtd SES RENTED PRE 1 Ea occurrence $300,000 CLAIMS-MADE 51OCCUR MED EXP(Any one person) $5,000 € 3 X BI/PD Ded:15000 PERSONAL&ADV INJURY $1,000 OOO GENERAL AGGREGATE $2,000,000 . GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG $2,000,000 k PRO- POLICY EILOC $ } A AUTOMOBILE LIABILITY AS2Z91437831022 1/15/2012 01/15/201 COMBINED SINGLE LIMIT Ea accident S2,000,000 X ANY AUTO BODILY INJURY(Per person) S ; ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ (' AUTOS AUTOS NON-OWNED PROPERTY DAMAGE X HIRED AUTOS X AUTOS Paraccdent $ $ B X UMBRELLA LIAOOCCUR UMBDA1255262 1/15/2012 01/15/2013 EACH OCCURRENCE s3,000,060 EXCESS LIAB CLAIMS-MADE AGGREGATE s3,000,000 DED I X RETENTION$10000 $ I WORKERS COMPENSATION WC is I OTH- C WA7Z9D437831012 1/15/2012 01/15/201 X AND EMPLOYERS'LIABILITY YIN IER ANY PROPRIETOR/PARTNER/EXECUTIVEE.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? F_Nj N I A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 ti DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space is required) r. 3. ( CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Round Rock THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 221 E.Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Round Rock,TX 78664 AUTHORIZED REPRESENTATIVE ' F ©1988-2010 ACORD CORPORATION.All rights reserved. s' ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S389093/M381369 066 "s i t f 1 'ROUND ROCK,TEXAS PURPOSE,PASSION.PROSPERITY. • s 6 i CITY OF ROUND ROCK,TEXAS RECYCLABLES COLLECTION AND SALE } RFP No. 12-021 Addendum No. 1 Date of Addendum: March 6,2012 Please note the clarification and/or additional information to the solicitation referenced above. x s 1. Q: Will vendors supply the containers? A: Vendors shall propose and supply all containers. 2. Q: Will the City consider flatbeds? A: Flatbeds are not acceptable. i 3. Q: Will the City assist with loading material? i A: No. Vendor shall load all material. 4. Q: How long is the current vendor on site to load bailed plastics? A: Approximately 90 minutes. I 5. Q: Is a roll off container acceptable for plastics? g A: Yes. i 6. Q: How are tires currently being loaded? What is City's desired loading process for tires? A: Tires are currently stacked at the site then the vendor loads them. The City seeks to touch the tires once by placing them in a container in which a vendor can then haul them away. 7. Q: Is the Vehicle Maintenance scrap metal an additional line item for this solicitation? g A: Yes. This steel is in additional to the specification issued on February 17,2012. 8.. Q: How often is the Vehicle Maintenance scrap metal hauled off? 5 z A: Every two months. } 4 9. Q: What type of container is desired for the steel at the Waterline Maintenance Facility? A: A small roll off container is desired. 10. Q: How often is the brass hauled from the Waterline Maintenance Facility? A: Every 6 months. h i i 11. Q: Can responses be submitted with several proposals? k A: Yes. Each must be labeled as such and submitted under separate cover. For example: P ABC Recycling Response#1 ABC Recycling Response#2 I r x I Approved by Joy Baggett, Purchaser g k By the signatures affixed below,Addendum No. 1 is hereby incorporated into and made a part of the above referenced solicitation. i' ACKNOWLEDGED xaf Q�ii off/ SYS e wrJ o3--N- 1'• Vendor Au orized 91g-navhe Date f RETURN ONE COPY SIGNED COPY OF THIS ADDENDUM TO THE PURCHASING OFFICE WITH YOUR SEALED PROPOSAL. FAILURE TO DO SO MAY AUTOMATICALLY DISQUALIFY YOUR RESPONSE FROM CONSIDERATION FOR AWARD. f 1 is i g is t C Y t 4 2yy` 5' f f i 'ROUND ROCK,TEXAS PURPOSE.PASSION.PROSPERITY. CITY OF ROUND ROCK, TEXAS RECYCLABLES COLLECTION AND SALE p I RFP No. 12-021 Addendum No. 2 Date of Addendum: March 8, 2012 Please note the clarification and/or additional information to the solicitation referenced above. E 1. Due to overwhelming interest in the project, an additional pre-solicitation meeting and site 4 tour is being conducted. If a vendor attended the previous meeting held on February 28, k i 2012, attendance is optional at this meeting but not mandatory. If a vendor did NOT attend the previous meeting held on February 28, 2012, attendance at this meeting is mandatory. Attendance at each site is required in order to submit a response for that site's material. Date, time and location of the meeting is as follows: DATE: March 13, 2012 z` 8:00 AM Deepwood Recycling Center 310 Deepwood Drive Round Rock, Texas 78664 8:30 AM Vehicle Maintenance Facility 901 Luther Peterson Place Round Rock, Texas 78665 9:00 AM E Waterline and Wastewater Line Maintenance Facility 910 Luther Peterson Place Round Rock, Texas 78665 9:30 PM Water Treatment Plant 5200 N. IH 35 Round Rock, Texas 78681 2. Response Due Date is being extended to March 20, 2012 at 3:00 pm. All other response instructions remain unchanged. { z i t f { p Approved by E Joy Baggett, Purchaser f By the signatures affixed below, Addendum No. 2 is hereby incorporated into and made a part of the above referenced solicitation. ACKNOWLEDGED texas a 03 Vendor Aut rized Signature Date RETURN ONE COPY SIGNED COPY OF THIS ADDENDUM TO THE PURCHASING OFFICE WITH YOUR SEALED PROPOSAL. FAILURE TO DO SO MAY AUTOMATICALLY DISQUALIFY YOUR RESPONSE FROM CONSIDERATION FOR AWARD. r k t F d t. F p` r 1 F 1 6LL TEXAS DISPOSAL SYSTEMS s TIMELINE { a Containers used for the contract will be serviced on an on-call basis. Customer will call the TDS Customer Care Department to schedule pick-ups for each site location as needed. f 6 b i a: { i i I i `r I { E t 5� 3