The URL can be used to link to this page

R-12-10-11-G6 - 10/11/2012 RESOLUTION NO. R-12-10-11-G6 WHEREAS, the City of Round Rock desires to have certain recyclable products collected, transported, recycled, and/or disposed of, and WHEREAS, AbiBow Recycling, LLC has submitted an Agreement for Collection of Recyclables, and WHEREAS, the City Council desires to enter into said Agreement with AbiBow Recycling, LLC,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Collection of Recyclables With AbiBow Recycling, LLC, a copy of same being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 11th day of October, 2012. Or-ill ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: SARA L. WHITE, City Clerk i O:\wdox\SCCInts\0112\1204\MUNICIPAL\00259399.DOCX r t EXHIBIT „A„ f q�q y_ CITY OF ROUND ROCK AGREEMENT a FOR COLLECTION OF RECYCLABLES WITH ABIBOW RECYCLING,LLC THE STATE OF TEXAS § s CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS: § COUNTY OF WILLIAMSON § COUNTY OF TRAVIS § That this Agreement for collection of certain recyclables, specifically corrugated cardboard and paper, (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 AbiBow Recycling, LLC, a Texas limited liability company whose offices are located at 15600 JFK Boulevard, Suite #600, Houston, Texas 77032 (referred to herein as "Vendor" or "AbiBow"). 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: o i WHEREAS, City desires to have certain recyclable products collected, transported, recycled, and/or disposed of, such recyclable products specifically being corrugated cardboard and paper from City's Deepwood Recycling Center; 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 AbiBow; and s WHEREAS,AbiBow 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 E respective rights, duties, and obligations; i NOW, THEREFORE,WITNESSETH: That for and in consideration of the mutual promises contained herein, the parties mutually agree as follows: 2548556k- Final revision 8/6/12 i k. 1.01 DEFINITIONS A. Agreement means the mutually binding legal contract between City and AbiBow whereby AbiBow is obligated to provide specified services and perform specified obligations, and City is obligated to perform specified obligations. The Agreement includes the following: k (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) AbiBow's Response dated March 15, 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 contact documents shall be resolved by giving preference in the following order: (1) This Agreement; (2) AbiBow's Response dated March 15, 2012; (3) City's Invitation for Bids, exhibits, and attachments. B. City means the City of Round Rock, 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 government and the people, civil disturbances, explosions, or other causes not reasonably within the control of the party claiming such inability. F E. Paper means all paper products including office paper, newspaper, junk mail, phone books,paper bags, fiberboard, and the like,with the exception of corrugated cardboard. E E. Vendor or AbiBow means AbiBow Recycling, LLC, a vertically integrated G recycling company, and its parent company AbitibiBowater Recycling Division, or any of the k successors or assigns of either:. 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 4 term stated herein, or until terminated or extended as provided herein. B. This Agreement's initial term is for three (3) consecutive twelve-month periods from the effective date hereof. Thereafter,this Agreement may be renewed for two (2) additional periods not to exceed twelve (12) months each, only upon the express written agreement of both parties and only provided Vendor has performed every contractual obligation specified herein. 2 t II b y 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 to provide services for collection, transport, recycling, and/or disposal of the designated recyclables in accordance with Exhibit"A"and as follows: s A. Corrugated cardboard shall be picked up by Vendor within forty-eight (48) hours following notification by City, and it is acceptable that bales are collected with an open trailer with a bobcat. Vendor shall rebate to City seventy-five percent(75%) OBM SouthWest High Side. Corrugated cardboard shall be picked up by Vendor in bales sized 60x3Ox46" from the Deepwood Recycling Center, 310 Deepwood Drive, Round Rock, Texas 78664. Estimated quantities are 100 tons annually. City shall incur no disposal charge for same. B. Paper shall be picked up by Vendor a minimum of once every week and upon request by City within twenty-four (24) hours following notification by City. Vendor shall rebate to City $50.00 per ton. Paper shall be picked up by Vendor from six (6) seven-yard Paper Retriever containers (said containers to be provided by Vendor) from the Deepwood Recycling Center, 310 Deepwood Drive, Round E Rock,Texas 78664. City shall incur no disposal charge for same. City and Vendor agree that there shall be no additional fees whatsoever charged to City i or passed along to City or passed through to City. t i The take-point for the designated recyclable products shall be as follows: Deepwood Recycling Center, 310 Deepwood Drive, Round Rock,Texas 78664. 4.01 VENDOR' S OBLIGATION TO PROVIDE SERVICES 4 i F 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 4 location, at the specified intervals, and to remit to City agreed payment and/or rebate amounts. In the event Vendor does not collect, transport, recycle, and/or dispose of the agreed s quantities of recyclable products, then City may contract for such services elsewhere, and Vendor may be charged the difference, if any. i 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 a 3 6 x 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 a 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 s 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 (via on-board scales) of 4 materials collected; pickup route sheets; weight information input into Vendor's RIBS 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. t 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 E equipment or forces shall be used. 6.01 CITY'S DESIGNATED REPRESENTATIVE t City hereby designates the following representative authorized to act in its behalf with regard to this Agreement: 4 Tracy L. Herring s City of Round Rock, Environmental Services Division 2008 Enterprise Drive Round Rock,Texas 78664 Telephone: (512) 218-5559 Fax Number: (512) 341-3316 tracyh(a,roundrocktexas.gov 4 f: 4 k S 5 7.01 RATES AND PAYMENT; PRICE ADJUSTMENTS k During the term of this Agreement and any renewals, Vendor agrees to pay City for specified recyclable products taken at the following rates: rebate of$50.00 per ton for paper, and rebate 75% OBM SouthWest High Side. x 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. fi 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 s Numbers 11-998-15, 11-998-47, 11-998-68, 11-998-75, 11-998-85 dated February 2012. i 8.01 VENDOR'S OBLIGATION TO TAKE x Vendor is obligated to take the estimated amounts specified in this Agreement, per twelve-month period. Vendor shall be obligated to pay City based upon such contractual amount. ' r 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 F Should Vendor fail in its obligations to take the contractual amounts of delineated F recyclable products,then and in that event City reserves its option to contract with other sources. k t 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 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. 5 E 4 P yy€ f 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 full when due; E B. Fails to fully, timely and faithfully perform any of its material obligations under F this Agreement; F 4 C. Fails to provide adequate assurance of performance under the "Right to Assurance"section herein; or E 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. F e 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. E 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. S D. Should Vendor fail to make any payment in full 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, legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and any and all other costs or fees arising out of, or incident to, concerning or resulting from the fault of Vendor, or Vendor's agents, employees or subcontractors, in the performance of Vendor's obligations under this Agreement, no matter how, or to whom, such loss may occur. Nothing herein shall be deemed to limit the rights of City or Vendor (including, but not limited to the right to seek contribution) against any third party who may be liable for an indemnified claim. 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 6 amended, and with all applicable rules and regulations promulgated by local, state and national boards, bureaus and agencies. 4 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 pat ty. k t 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: f 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: i AbitibiBowater G Jess Meeder 5008 Space Center Drive San Antonio, TX 78218 Notice to City: F s 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 s Nothing contained herein shall be construed to restrict the transmission of routine § communications between representatives of City and Vendor. i s 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. 7 { g 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 the parties hereto in writing. 3 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 F 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 full 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 r 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. 22.01 INTERLOCAL COOPERATIVE CONTRACTING/PURCHASING Authority for local governments to contract with one another to perform certain governmental functions and services, including but not limited to purchasing functions, is granted under Government Code, Title 7, Chapter 791, Interlocal Cooperation Contracts, Subchapter B and Subchapter C, and Local Government Code, Title 8, Chapter 271, Subchapter F, Section 27 1.101 and Section 271.102. 8 f r s S 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. Such agreement shall be conclusively inferred for the vendor from 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 F 6 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 t 2 k 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: I A. Vendor has the right to perform services for others during the tern of this Agreement; E 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; k D. Vendor or its employees or subcontractors shall perform the services required q hereunder. City shall not hire, supervise, or pay any assistants to help Vendor; f 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 x 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 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." 9 t S 5 { l 25.01 MISCELLANEOUS PROVISIONS i 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 timefiames 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. t g Force Majeure.Neither City nor Vendor shall be deemed in violation of this Agreement i 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 k 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. f AbiBow cycling,LLC By: Printed Name: o/ k Title: k5w-6ww— !'L&VA&✓L Date Signed: /Z- i?� 10 t E t #k# kks F CITY OF ROUND ROCK,TEXAS r By. Printed Name: Title: Date Signed: FOR CITY,ATTEST: r By: Sara L. White, City Clerk FOR CITY, APPROVED AS TO FORM: By: Stephan L. Sheets, City Attorney t G E f a 6 E f i s s e s i 11 i E EEXHIBIT . SOLICITATION NUMBER 12-021 A" SPECIFICATION NUMBER _ 11-998-15 -11-99847.11-998-68 •11-998-75.11-998-85 DATED:FEBRUARY 2012 • s CITY OF ROUND ROCK REQUEST FOR PROPOSAL RECYCLABLES COLLECTION AND PURCHASE PART f E 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.rotindrocktexas.gov/homelindex.asp?paqe=463. s { 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. g 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 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. 1 of 11 s SOLICITATION NUMBER 12-021 SPECIFICATION NUMBER 11-998-15 -11-998-07.11-998-68 -11-998-75.11-998-85 DATED:FEBRUARY 2012 ti 6.5. Provide the name, address,telephone number and E-MAIL of at least three(3)entities applicable to I Municipal and/or Government projects that have utilized similar service for at least(two)2 years. City of x 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; f 7.3. Quality of the Respondent's goods and services; E 7.4. The extent to which the goods and services meet the City's needs; 7.5. Respondent's past relationship with the City; I 7.6. The total long-term cost to the City to acquire the Respondent's goods or services; 6 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. s 8.3. If the Respondent fails to perform its duties in a reasonable and competent manner,the City shall give written 3 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. E 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 i SOLICITATION NUMBER 12-021 i SPECIFICATION NUMBER 11-998-15 •11-998-47.11-998-68 •11-998-75.11-998-85 I DATED:FEBRUARY 2012 E 9.1.1.2. B=Current and/or latest baseline index s 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. f 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 I request. City of Round Rock Purchasing Department ATTN: Contract Specialist 221 E. Main Street F 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. z 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.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: z 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 3 , 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 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 maybe 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: 3 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 E 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, hftp://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 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 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 Il, 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 httr)://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. 3 5. AGREEMENT NEGOTIATIONS: In establishing an agreement as a result of the solicitation process,the City may: x 3 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. i 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 I 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 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. I 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 30x30x26 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-&8 •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 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 follows: s Current Estimated Annual 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 7 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 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/d(iverlicense/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 s SOLICITATION NUMBER 12-021 SPECIFICATION NUMBER 11-998-15 •11-99847.11-998-68 •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 Page(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. i 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 02 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. s 7.4.1. Provide the name, address,telephone number and e-mail of at least three(3) entities applicable to E 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. 4 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. F 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 i SPECIFICATION NUMBER 11-998-15 •11-998-47.11-998-68 •11-998-75.11-998-85 s 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. 1A Respond F.O.B.destination,freight,prepaid,&allowed unless otherwise specked 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 s 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 tille and authority to bind signatories firm in an agreement. Finn 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). i 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 tie responses could cause rejection of responses by the City andfor 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 y 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. a 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 i 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: S 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 dated 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 i elsewhere and charge full increase,N 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 i 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 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 firth,corporation,partnership,or any entity represented by the respondent,or anyone acting for such firth,corporation,or entity has violated the antitrust laws of this Stale 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 forth. 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 forth 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 S 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: i 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: 4 E-Mail Address: Present Address: City, State, Zip Code: Telephone Number: ( ) Fax Number: ( ) I 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 Cdptc_ai r — RILE3NGMEF>:s ';mt�1�FlL€1"IF01tTV1A•€TON €li°P€i�'E!'� EN"I'/C3LIEC� •.. ..�^._„ Custr l i Service Location Name C 3�Cil � 0� i��•� �G�c"1C , I Tax!d� Customer Billing Address rvice i ocatio!e PiLysicai Address ,ltterttion(title ofRemitrarteeJContacl Pelson or5poasor Oroup) COUNI.1• RCODE a C SUect �1 \v\CY,t •\ Skeet t City.state Zip v L + s City,Smk Zip �y � ' �•V Customer Contact Person Sen'ice Location Contact Pel on Nemo CM None \ Tel.` f C V\C.C i tl r i l\C C'\ LLt l �- i .i 1� -J 'a S`i �'! '"I 1 -j J I�C Tel. `/entail Addreis F - Entail Address l �% '•C. U LCONTAINER SIZE Container In PICKUP Container ServicecommeneementartDate t Contract Si naturciS SCHEDULE Container B61 Placement Date) Contract Ends Q y0 fee/ ./ ]Q. Ly/ Tlpt 1� Cwt Oxatd R<alte CO\IMODrn,CODE t`ID1CITOR REGION INDICATOR X Deskside DinsI #OFSLI&I SLIM1IJIM1I LID k OFC;\RTS H1C:1:/LOH' SW HIGH SIME JI115 TYPE Ut FLOOR CF.1LInCS FIXED sAT CAT. \IICI'.LESSS INDICATOR SsllesRepresentativeName TO\REDATE INDICATORY. LESSS Sales Ferllesentative I73 Karen Goldman 78801353 oa r tau Ft:t6.al tyupmml Pud Sarchar:cY Haul Costs(Cirelel) Speelal Instruction: Per Pickup or Mantis EsrnPickup reolL!n RQYi57' ��• $ Aaaual CTI Y/k S �r FOR OFFICE LtSE NLY EN7 FRED AT C&\`(ER By(Vame) v a r • Proposal for City of Round Rock Request. For Proposal RecyclablesCollection And Purchase Solicitation Number 92-029 AbiBowr Recycling 95600 JFK BLVD Suite # e®® Houston TX 77032 Craig Reeves 593-697-6307 Craig. o�ee�e�@�P�uG�®�o�®cam y ORIGIN"AL 1 RFP Drop-Off Recycling Center Program abitibi Prepared for City of Round Rock b o ilake r Letter of Transmittal March 15, 2012 RE: RFP Drop-Off Recycling Center Pro-gram Solicitation Number 12-021 AbiBow Recycling LLC is pleased to respond to the Request for Proposal for the Drop-Off Recycling Center Program for The City Of Round Rock. The entire team here at AbiBow Recycling LLC is excited about the tremendous opportunity that this represents for both organizations. We hope that you find our proposal and our organization to be the right choice for your program. We will be bidding on the following services outlined in the RFP under Part III: 3.1 Corrugated Cardboard 3.2 .1.1 Plastics Option# 1 #1-7 Baled Together 3.3 Paper 'Please note we are only bidding on Deepwood Recycling Center for the above commodities*** The following persons are authorized to make representations for our firm: Jess Meeder Regional Manager 210-559-1505 Jess.Meedere-abibow.com Craig Reeves National Sales Manager 513-617-6307 Craig.Reekles(a)-abibow.com Jim Ford Director of Sales/Processing 713-703-5042 Jim.Ford(a)-ab ibow.corn Corporate Signature: Title: tz.uc'T ORIGINAL 2 : s �� RFP Drop-Off Recycling Center Program t_: ik" b Prepared for City of Round hock Previous Performance/Experience AbitibiBowater is the largest manufacturer of newspaper in the world and a global leader in commercial printing papers,_ and also the largest recycler of newspaper and magazines in !North America. AbitibiBowater diverts 450,000 tons f of waste paper from landfills each year. Since AbitibiBowater has no interests in the waste disposal industry, our goal is to recover as much waste paper and recyclabies from your facilities as possible. The Abitibibowater Recycling Division, headquartered in Houston, Texas, began i recycling operations in 1990. The Company operates numerous paper recycling collection centers in over 20 major markets throughout the USA. AbiBow Recycling is a vertically integrated recycling company, which we call a Full Circle Recycler TM. We own and operate a fleet of recycling collection vehicles, paper processing centers, and recycled paper manufacturing mills. This allows us to increase the value to the customer by eliminating the middleman at each step in the process. Moreover, this provides a guaranteed buyer for your fiber materials. AbiBow Recycling is a greater Austin community stakeholder that helps schools, churches, and other non-profit organizations obtain funding through our programs. AbiBow Recycling not only services most of the independent school districts in the Austin market, but also dedicates a significant amount of resources towards educating, motivating, and rewarding the students via assemblies, leadership kits, videos, competitions, promotions, and rewards. i Likewise, AbiBow Recycling has a proven track record in the area of marketing large quantities of the exact types of recycling materials that for bid. As an end user of approximately 80% of the commodities collected in these programs, AbitibiBowater fully understands how the quality of the processed material affects the prices offered by buyers. Because of the high quality of recovered commodities from its sorting operations, AbitibiBowater has been lable to establish and maintain beneficial, long term relationships with commodity buyers and end-users for materials such as OCC and plastic. The AbiBow Recycling material marketing group is fully staffed with both sales and support personnel and resides in the AbiBow recycling division's headquarters in Houston, Texas. Our staff markets more than 1 million tons of recyclable material, both nationally and internationally, and thus possesses the experience and expertise to ensure the task of moving your commodities at or above market prices. ORIGINAL 3 _ RFP Drop-Off Recycling (eater Program' e ��Et.k( Prepared for City of Round Rock Aj6o 1.0 STATEMENT OF QUALIFICATIONS In this section, AbiBow Recycling will provide information to demonstrate it has the wherewithal to provide you with recycling services for your program. Furthermore, Abil3ow Recycling will demonstrate that because of its qualification, experience and local presence, it is uniquely able to satisfy service expectations. 9.' GENERAL BACKGROUND AbitibiBowater is . . Largest manufacturer of newspaper in the world and a global leader in commercial printing papers serving clients in 80 countries. In 2006, 14 of the company's 32 pulp & paper mills recycled over 3 million tons of paper. We produce over 40 grades of paper with recycled content. AbitibiBowater has an annual capacity of over 3 billion W� board feet of lumber— enough to build 200,000 homes. AV North America's largest recycler of newspapers and magazines. In 2007, the Paper Retriever@ program paid ` nearly $4.5 million to schools, churches & non-profit organizations. The recycling division services over 24,000 front-end loader recycling containers. Global forest products company with annual revenues of nearly $8 billion and 'un ?t k3t' approximately 20,000 employees ,! ; ; r C %�fE� With 53 million acres, AbitibiBowater manages more land that is independently certified to sustainable forest management standards than any other company in the world. ORIGINAL 4 I RFP Drop-Off Recycling Center program Prepared for City of Round Rockba�` av 1.2 T'HE Austin AREA The Paper Retriever program started in the San Antino/Austin area in 1995. Since then the program has grown to service 268 schools (including North East, Judson and Northside ISD's) and over 1,100 other customers. In 2008, the Paper Retriever program paid North East ISD schools combined over$24,000. North East ISD schools efforts in 2008 saved over 38,000 treesl AbitibiBowater is also an active member of Keep San Antonio Beautiful and Alamo Area Council of Governments. 1.3 LOCAL ADDRESS CONTACT AbitibiBowater Jess Meeder 5008 Space Center Drive San Antonio, TX 78218 Office: 210-662-7446, ext. 112 Fax: 210-666-2860 Jess,Meeder a�7abf/aovir,com 9.4 ON-BOARD SCALLS Good reporting all begins with accurate data collection. Our programs are all designed to offer incentive based on the volume of materials recycled through our programs. As such, we have a unique ability to track the actual weight of materials captured during each pickup at every one of your facilities. Each of our Front-End Loader trucks is equipped with on-board scales. After each pickup, the driver notes the load weight and records that information on the pickup route sheet. After each route is completed, the route sheets are turned in and the weight information is input into our Recycling Integrated Business System (RIBS). 4 ORIGINAL 5 t�^ RFI Drop-Off Recycling Center Program a bd t f' it " prepared for City of Round Rock '.v MONTHLY REPORTING AbitibiBowater will submit a monthly report that captures the following information for each facility: Dates of pickups Weight collected for each pickup Pickup Service Fees Equipment Rental Fees 9.6 ANNUAL TONNAGE REPORTING Annually, AbiBow Recycling will submit a report that captures the total volume of material recycled by facility for the calendar year. Furthermore, the report will approximate the weights recovered by type of commodity based on your need. ORIGINAL 6 ir RFP Drop-Off recycling Cerner Program Prepared for City of Round Rock bovw ter itoa_ Timellneo 30 days from time bid is awarded pickups for OCC and Plastics will be serviced within 48hrs of notification. 6 7yard Paper Retriever containers are serviced on a weekly schedule, if containers fill up quicker than weekly schedule service will be supplied within 24hrs of notification. Project Design: Paper will be serviced via 6 7yard containers. OCC and Plastics bales will be collected with a open trailer with.a BobCat. 6 7yard Paper Retriever containers would be keeping in current location unless City would like to relocate. ORIGINAL RPP Drop-off Recycling Center Program a; P ' � ,a -- Prepared for City of Round Rock botf Purchase Price and Cost ProRosala Paper Collected via 7yard cans Rebate $50 per/ton Corrugated Cardboard Rebate 75% OBM SouthWest High Side Baled Plastic Option #1 mixed Rebate $30/ton * *We would not charge a service fee for any collections of loose paper or baled corrugated cardboard or baled plastic*m Bid is for Deepwood Recycling Center Location only t ORIGINAL 8 I AC®R®® CERTIFICATE OF LIABILITY INSURANCEDATE(MMIDDIYYYY) �i 0311912012 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 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 MARSH USA,INC. NAME: TWO ALLIANCE CENTER aCN o E • AIC No): 3560 LENOX ROAD,SUITE 2400ADDRESS: ATLANTA,GA 30326 Attn:Aganta.CertRequest@marsh.com/F.212-948.4321 INSURERS AFFORDING COVERAGE NAICB 702487-ALL-0AS-11-12 INSURER A:ACE American Insurance Company 22667 i INSURED INSURER B:Travelers Property Casualty Company Of America 25674 Abib'biBrnvater Inc. 10 South Academy Street,Suite 300 INSURER 0:Travelers Indemnity Co 25658 j Greenville,SC 29601 INSURER D:N/A NIA INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: ATL-003059045-01 REVISION NUMBER:3 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. INSR ADD SUBR POLICYEFF POL(CYEXP LTR TYPE OF INSURANCE R POLICY NUMBER MMID MMIDDIYYYY LIMITS A GENERAL LIABILITY OGLG2445471A 07101/2011 67)01/2012 EACH OCCURRENCE S 1.000,000 i XDA AGE TO RE TE15 COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence S 100,000 CLAIMS-MADE OCCUR MED EXP Any one person) S NIA X SIR:$250,000 PERSONAL&ADV INJURY S 1,000,000 GENERAL AGGREGATE S 6,000,000 GEN L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG 5 4,000.0IX0 POLICY PR 0i LOC S { B AUTOMOBILE LIABILITY TC2JCAP449J7440-11 0710112011 07/0112012 Ea COMBINED SINGLE LIMIT 1 X ANY AUTO BODILY INJURY(Per person) S ALL OWNED SCHEDULED BODILY INJURY Per accident) S AUTOS AUTOS ( t) X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE S AUTOS Per accident S UMBRELLA UAB HOCCUR EACH OCCURRENCE S c EXCESS LIAR CLAIMS-MADE AGGREGATE. S g DED RETENTIONS S B WORKERS COMPENSATION TRJUB449J7439-11(AZ,MA WI,OR) 0710112011 07/0112012 X WC STATU- OT CH- AND EMPLOYERS'LIABILITY (YIN TC2HUB449J7427-11(ADS) 0710112011 07/01/2012 1,000,000 OFFICERIMEMBER EXCLUDED?ANY r.XECUTIVE D NIA E.L.EACH ACCIDENT S ; (Mandatory In NH) E.L.DISEASE-EA EMPLOYE9 S 1,000,000 s If yes,describe under DESCRIPTION OF OPERATIONS below E.L DISEASE-POLICY LUAIT $ 1'000'000 s i DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space Is required) Re:Collection of recycled material via 7yardr yard containers,CO Trailer. City Of Round Rock's included as additional Insured(except workers'compensation)where required by written contract. CERTIFICATE HOLDER CANCELLATION City Of Round Rock SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Attn:Joy Baggelt Purchasing Department THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 221 E Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Round Rock,TX 78664.529 9 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Ted L.Young ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD (� [i 3p3 t • I SOLICITATION NUMBER 12-021 SPECIFICATION NUMBER 11-998-15.11-998117.11-998-68.11-998-75.11-998-85 s DATED:JANUARY 2012 s ATTACHMENT A a REFERENCE SHEET PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE SOLICITATION NUMBER: 12-021 Recyclables Collection and Purchase S Respondents Name AbiBow Recycling LLC DATE: 03/15/12 F 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. yf. i 1. Company's Name: City of Houston Name of Contact: Sarah Mason Senior Environmental Analyst Title of Contact: sai-ah.mason@—houstontx.gov houstontx.gov E-Mail Address: g P.O.Box 1562 Houston,TX 77022-1562 r Present Address: City,State,Zip Code: Telephone Number. (713)837-9205 Fax Number. i 2. Company's Name: Wilmington Solid Waste Name of Contact: Jeff Walls I Title of Contact: Coordinator Solid Waste Clinton County E-Mail Address: iwalls@clintoncount-Nadmin.com Present Address: 180 East Sugartree Street Wilmington, Ohio 45177 City, State,Zip Code: Telephone Number (937)382-6177 Fax Number. (937) 382-5678 3. Company's Name: Johnson City Recycling Center Name of Contact: Lori LeBlue Title of Contact: Recycling Coordinator E-Mail Address: Airport Road Johnson City TX 78636 Present Address: City, State,Zip Code: Telephone Number. (830)868-7111 Fax Number: () FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD. ORIGINAL ROUND ROCK.TEXAS PURPOSE R1SSIOM PROSPERRY. CITY OF ROUND ROCK, TEXAS RECYCLABLES COLLECTION AND SALE 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 r 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. ORIC" INAL 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 :r Joy Baggettf Purchaser By the signatures affixed below,Addendum No. 1 is hereby incorporated into and made a part of the above referenced solicitation. ACKNOWLEDGED Vendor Authoriled Si aure D to �J 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. 1 OR I G` INL rR ROUND ROCK,T EXM `l PURPOSE.MSS10M PROSPERITY. 1 r CITY OF ROUND ROCK,TEXAS RECYCLABLES COLLECTION AND SALE i 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? 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. 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. ORIGINAL Approved by f 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 l� Vendor A"d Sign ture 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 I 4 gs Ci Council Agenda SSheet ROUND ROCK,TEXAS City genSummary PURPOSE PASSION.PROSPERn. i r `s t Agenda Item No. G6. Consider a resolution authorizing the Mayor to execute an Agreement for Collection of Agenda Caption: Recyclables with AbiBow Recycling, LLC. Meeting Date: October 11, 2012 s Department: Utilities and Environmental Services f Staff Person making presentation: Michael Thane Utilities Director I i i 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 AbiBow Recycling, LLC(formerly known as Abitibi) for the collection of paper and an f agreement with BFI Waste Services of Texas, LP for the collection of bailed cardboard. 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. Four companies submitted bids for cardboard and five companies submitted bids for paper; both items are being recommended for award to AbiBow Recycling, LLC. This contract is a three-year agreement, with the ability for renewal for an additional two years, that allows corrugated cardboard and paper to be collected,transported, recycled, and/or disposed of.Specifications in this contract include: Corrugated Cardboard: -Rate:75%OBM Southwest High Side f -Materials picked up at Deepwood Recycling Center by AbiBow ' Paper: -Rate: $50 per ton -Materials picked up at Deepwood Recycling Center by AbiBow (minimum once a week) Cost: Revenue dependent on market Recommended Action: Approval t i 9 i E 7 j( k a `r f E j� E k 3 f t 1 S C f E 1 k i6 S t i i E CITY OF ROUND ROCK AGREEMENT FOR COLLECTION OF RECYCLABLES WITH ABIBOW RECYCLING, LLC 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, specifically corrugated cardboard and paper, (referred to herein as the "Agreement") is made and entered into on this the J(' day of the month of &-bLw?--V— , 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 AbiBow Recycling, LLC, a Texas limited liability company whose offices are located at 15600 JFK Boulevard, Suite #600, Houston, Texas 77032 (referred to herein as "Vendor" or "AbiBow"). 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: 0 WHEREAS, City desires to have certain recyclable products collected, transported, recycled, and/or disposed of, such recyclable products specifically being corrugated cardboard and paper from City's Deepwood Recycling Center; 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 AbiBow; and WHEREAS,AbiBow 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: 254855/jkg Final revision 8/6/12 1.01 DEFINITIONS A. Agreement means the mutually binding legal contract between City and AbiBow whereby AbiBow 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) AbiBow's Response dated March 15, 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) AbiBow's Response dated March 15, 2012; (3) City's Invitation for Bids, exhibits, and attachments. B. City means the City of Round Rock, 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 government and the people, civil disturbances, explosions, or other causes not reasonably within the control of the party claiming such inability. E. Paper means all paper products including office paper, newspaper, junk mail, phone books, paper bags, fiberboard, and the like, with the exception of corrugated cardboard. E. Vendor or AbiBow means AbiBow Recycling, LLC, a vertically integrated recycling company, and its parent company AbitibiBowater Recycling Division, or any of the successors or assigns of either. 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. This Agreement's initial term is for three (3) consecutive twelve-month periods from the effective date hereof. Thereafter, this Agreement may be renewed for two (2) additional periods not to exceed twelve (12) months each, only upon the express written agreement of both parties and only provided Vendor has performed every contractual obligation specified herein. 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 to provide services for collection, transport, recycling, and/or disposal of the designated recyclables in accordance with Exhibit"A"and as follows: A. Corrugated cardboard shall be picked up by Vendor within forty-eight (48) hours following notification by City, and it is acceptable that bales are collected with an open trailer with a bobcat. Vendor shall rebate to City seventy-five percent (75%) OBM SouthWest High Side. Corrugated cardboard shall be picked up by Vendor in bales sized 6000x46" from the Deepwood Recycling Center, 310 Deepwood Drive, Round Rock, Texas 78664. Estimated quantities are 100 tons annually. City shall incur no disposal charge for same. B. Paper shall be picked up by Vendor a minimum of once every week and upon request by City within twenty-four (24) hours following notification by City. Vendor shall rebate to City $50.00 per ton. Paper shall be picked up by Vendor from six (6) seven-yard Paper Retriever containers (said containers to be provided by Vendor) from the Deepwood Recycling Center, 310 Deepwood Drive, Round Rock, Texas 78664. 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. The take-point for the designated recyclable products shall be as follows: Deepwood Recycling Center, 310 Deepwood Drive, Round Rock, Texas 78664. 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. 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 3 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 (via on-board scales) of materials collected; pickup route sheets; weight information input into Vendor's RIBS 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 i City hereby designates the following representative authorized to act in its behalf with regard to this Agreement: Tracy L. Herring City of Round Rock, Environmental Services Division 2008 Enterprise Drive Round Rock, Texas 78664 Telephone: (512) 218-5559 Fax Number: (512) 341-3316 tracyhgroundrocktexas.gov 4 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: rebate of$50.00 per ton for paper, and rebate 75% OBM SouthWest High Side. 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, 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. 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 upon such contractual amount. i 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. 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 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. 5 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 full when due; B. Fails to fully, timely and faithfully perform any of its material obligations under this Agreement; C. Fails to provide adequate assurance of performance under the "Right to Assurance" section herein; or D. Becomes insolvent or seeks relief under 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 full 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, legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and any and all other costs or fees arising out of, or incident to, concerning or resulting from the fault of Vendor, or Vendor's agents, employees or subcontractors, in the performance of Vendor's obligations under this Agreement, no matter how, or to whom, such loss may occur. Nothing herein shall be deemed to limit the rights of City or Vendor (including, but not limited to the right to seek contribution) against any third party who may be liable for an indemnified claim. 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 6 amended, and with all applicable rules and regulations promulgated by local, state and national boards, bureaus and agencies. 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: i AbitibiBowater Jess Meeder 5008 Space Center Drive San Antonio, TX 78218 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. 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. 7 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 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 full 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. 22.01 INTERLOCAL COOPERATIVE CONTRACTING /PURCHASING Authority for local governments to contract with one another to perform certain governmental functions and services, including but not limited to purchasing functions, is granted under Government Code, Title 7, Chapter 791, Interlocal Cooperation Contracts, Subchapter B and Subchapter C, and Local Government Code, Title 8, Chapter 271, Subchapter F, Section 27 1.101 and Section 271.102. 8 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. Such agreement shall be conclusively inferred for the vendor from 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. 23.01 INDEPENDENT CONTRACTOR STATUS 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 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; i 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 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, I1-998-68, 11-998-75, 11-998-85 dated February 2012, attached hereto as Exhibit"A." 9 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 1 legal rights or remedies. Force Majeure.Neither City nor Vendor shall be deemed in violation of this Agreement if it is prevented from performing any of its obligations hereunder by reasons for which it is not responsible as defined herein. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. 1 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. AbiBow Rec cling,LLC By: Printed ame: Title: "644C A A6t-y2 Date Signed: /2 5�P• I Z 10 3 CITY OF ROUND ROCK, TEXAS By: /'V1 Printed Name: G tIV Title: Date Signed: !� • 2- i FOR CITY,ATTEST: By: Sara L. White, City Clerk FOR CIT APPROVE AS TO FORM: fR By. Stephan L. eets, City Attorney i I i , 11 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 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 hftp:/hvww.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 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. 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; i 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 s i i SOLICITATION NUMBER 12-021 SPECIFICATION NUMBER 11-998-15 •11-99837.11-998-68 •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. r 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 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, { negotiate with the vendor or cancel the agreement or purchase order if an agreement cannot be reached on the value of the increase. t 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 hftp:/fwww.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 3 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 i i ' S 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 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.ciov/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 g 11-998-15 •11-998-47.11-998-68 •11-998-75.11-998-85 DATED:FEBRUARY 2012 f 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 11, 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. x 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: a i City of Round Rock Purchasing Department 221 E. Main Street 3 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. 3 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. f 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. i 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 •11-998-17.11-998-68 •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. t 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, j 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 s 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 f 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 t 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 i s 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: s 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. t 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. z 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: 4 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 3 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- J 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 Page(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. E 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 s 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 f 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 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-profit,all others shall be specified. 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 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 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 Manufacturer's standard warranty shall apply unless otherwise stated in the solicitation. 3. TIE RESPONSES: In case of be 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'rf 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 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 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,at 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, tip,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 firth,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 date. 10 of 11 k SOLICITATION NUMBER 12-021 SPECIFICATION NUMBER 11-998-15 •11-99817.11-998-68 •11-998-75.11-998-85 DATED:JANUARY 2012 x ATTACHMENT A REFERENCE SHEET PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE SOLICITATION NUMBER: RESPONDENT'S NAME: DATE: t 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: ( ) 3 { i P f 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 s CaMi'TerCFg1 fL•'mimft'an fpr - lug <? t�?Ftl BILLIN 'FATE PAI t��E'N7 INIF �'it A+1051v t-_�� S �.`—�;'< iii , Customer frame - 1 t l�8n'j rT j CQ 7 E y'oq1 q`� Service Location Name (lJ ; Tax ldk Customer Billing address - ... . . Attention(Tide oCRemittancelContact Person orspottsor Group) rvice L,02"Ola NIN'Sical-Udress COUNTY R-CODE Street Y•:i Y _ Srrcet Gly.state,zip U L ^`_' :c \`) V L City,State,zip Customer Contact Person Service Location Contact Person Name7-7 \ Name Tel. Fax TeL Z F . l _ Email:Yddresz 1 CONTAINER SIZE Coominer Info PICKUP Service Common cmcnt n Contract Siganture/5tnrt Dete SCH£DI'LE Container Contract Ends Date Bin Pincement Dnte) Q /0 ,z� t Qm�n_r/ Tra caro—d R. CO\i�ioorri,CODE F INDICATOR 'DIt:STOR REGION I XDesWiJeBins ppcgL]q.r SLtb]."llUb c N]G!:2O\S" ASIS I =OpC:RT.. Sw HIGH SIDE nrE FLooRs ('FILL\G5 I7\EDSI'ER YIS:T. Y[t:i'.INDICATOR ;i;1se5RC%ie5entatl>ei�ianie Sales t2erareselatatiae173 TON REBATE L\DICATOR Yo LESS S -&- Karen Goldman 78801353 a 7 r u Pa tsa. Fwd Surehargr Y ) Haul Carts(Circle 1) Ezha Pickup FeeILiR Special Inatrvctiou: j Perpickupor wath _ i�'Ev sL A—.1 CPI Y'/N $ j�,. � '�� FOR OFFICE USE NLY ENTERED AT CLgMR BY(,Nome) J t } s Proposal for S City Of Round Rock Request For Proposal { Recyclables Collection And Purchase Solicitation Number 12-021 AbiBow Recycling 15600 JFK BLVD Suite # 600 Houston TX 77032 i Craig Reeves 513-617-6307 Craig.Reeves@abibow.com t Retriever— ' 1 k ORIGINAL RFP Drop-Off Recycling Center Program bili ( Prepared for City of Round Rock ovate ' t Letter of Transmittal s i March 15, 2012 4 RE: RFP Drop-Off Recycling- Center Program Solicitation Number 12-021 s i q AbiBow Recycling LLC is pleased to respond to the Request for Proposal for the I Drop-Off Recycling Center Program for The City Of Round Rock. The entire team here at AbiBow Recycling LLC is excited about the tremendous opportunity that this represents for both organizations. We hope that you find our proposal and our organization to be the right choice for your program. F Y We will be bidding on the following services outlined in the RFP under Part III: 3.1 Corrugated Cardboard 3.2 .1.1 Plastics Option # 1 #1-7 Baled Together 3.3 Paper i ***Please note we are only bidding on Deepwood Recycling Center for the above commodities*** The following persons are authorized to make representations for our firm: 7 Jess Meeder Regional Manager 210-559-1505 Jess.MeederAabibow.com z Craig Reeves National Sales Manager 513-617-6307 Craig.ReevesCaD-abibow.com E Jim Ford Director of Sales/Processing 713-703-5042 Jim.FordCcD-abibow.com Corporate Signature: Title: F ORIGINAL 2 3 z i RFP Drop-Off Recycling Center Program t Prepared for City of Round Rock bowater x Previous Performance/Experience AbitibiBowater is the largest manufacturer of newspaper in the world and a global leader in commercial printing papers, and also the largest recycler of i newspaper and magazines in North America. AbitibiBowater diverts 450,000 tons of waste paper from landfills each year. Since AbitibiBowater has no interests in the f waste disposal industry, our goal is to recover as much waste paper and recyclables from your facilities as possible. The Abitibibowater Recycling Division, headquartered in Houston, Texas, began recycling operations in 1990. The Company operates numerous paper recycling collection centers in over 20 major markets throughout the USA. AbiBow Recycling is a vertically integrated recycling company, which we call a Full Circle RecyclerTM We own and operate a fleet of recycling collection vehicles, paper processing centers, and recycled paper manufacturing mills. This allows us to increase the value to the customer by eliminating the middleman at each step in the process. Moreover, this provides a guaranteed buyer for your fiber materials. i AbiBow Recycling is a greater Austin community stakeholder that helps schools, churches, and other non-profit organizations obtain funding through our programs. AbiBow Recycling not only services most of the independent school districts in the Austin market, but also dedicates a significant amount of resources towards educating, motivating, and rewarding the students via assemblies, leadership kits, videos, competitions, promotions, and rewards. t Likewise, AbiBow Recycling has a proven track record in the area of marketing large quantities of the exact types of recycling materials that for bid. As an end user of approximately 80% of the commodities collected in these programs, AbitibiBowater fully understands how the quality of the processed material affects the prices offered z by buyers. Because of the high quality of recovered commodities from its sorting operations, AbitibiBowater has been able to establish and maintain beneficial, long term relationships with commodity buyers and end-users for materials such as OCC and plastic. The AbiBow Recycling material marketing group is fully staffed with both sales and support personnel and resides in the AbiBow recycling division's headquarters in Houston, Texas. Our staff markets more than 1 million tons of recyclable material, both nationally and internationally, and thus possesses the experience and expertise to ensure the task of moving your commodities at or above market prices. ORIGINAL 3 RFP Drop-Off Recycling Center Program a i t i Prepared for City of Round Rock btr i ho 1.0 STATEMENT OF QUALIFICATIONS In this section, AbiBow Recycling will provide information to demonstrate it has the wherewithal to provide you with recycling services for your program. Furthermore, AbiBow Recycling will demonstrate that because of its qualification, experience and local presence, it is uniquely able to satisfy service expectations. 1.1 GENERAL BACKGROUND AbitibiBowater is . . . Largest manufacturer of newspaper in the world and a global leader in commercial printing papers serving clients in 80 countries. In 2006, 14 of the company's 32 pulp & paper mills recycled over 3 million tons of paper. We produce over 40 grades of paper with recycled content. l AbitibiBowater has an annual capacity of over 3 billion p Y board feet of lumber — enough to build 200,000 homes. - North America's largest recycler of newspapers and magazines. In 2007, the Paper Retriever® program paid nearly $4.5 million to schools, churches & non-profit organizations. The recycling division services over 24,000 7 front-end loader recycling containers. Global forest products company with annual revenues of nearly $8 billion andc9bitith approximately 20,000 employeesbo, water Lo With 53 million acres, AbitibiBowater manages more land that is independently certified to sustainable forest management standards than any other company in the world. ORIGINAL 4 RFP Drop-Off Recycling Center Program b ' Prepared for City of Round Rock bowater i 1.2 THE Austin AREA The Paper Retriever program started in the San Antino/Austin area in 1995. Since then the program has grown to service 268 schools (including North East, Judson and Northside ISD's) and over 1,100 other customers. In 2008, the Paper Retriever program paid North East ISD schools combined over $24,000. 'North East ISD schools efforts in 2008 saved over 38,000 trees! AbitibiBowater is also an active member of Keep San Antonio Beautiful and Alamo Area Council of Governments. 1.3 LOCAL ADDRESS & CONTACT AbitibiBowater r Jess Meeder 5008 Space Center Drive San Antonio, TX 78218 Office: 210-662-7446, ext. 112 Fax: 210-666-2860 Jess.Meeder(&-abibow.com 1.4 ON-BOARD SCALES Good reporting all begins with accurate data collection. Our programs are all designed to offer incentive based on the volume of materials recycled through our programs. As such, we have a unique ability to track the actual weight of materials captured during each pickup at every one of your facilities. Each of our Front-End Loader trucks is equipped with on-board scales. After each pickup, the driver notes the load weight and records that information on the pickup route sheet. After each route is completed, the route sheets are turned in and the weight information is input into our Recycling Integrated Business System (RIBS). ORIGINAL 3 5 RFP Drop-Off Recycling Center Program b b' Prepared for City of Round Rock botr { z 1.5 MONTHLY REPORTING AbitibiBowater will submit a monthly report that captures the following information for each facility: ■ Dates of pickups ■ Weight collected for each pickup ■ Pickup Service Fees ■ Equipment Rental Fees y 1.6 ANNUAL TONNAGE REPORTING Annually, AbiBow Recycling will submit a report that captures the total volume of material recycled by facility for the calendar year. Furthermore, the report will approximate the weights recovered by type of commodity based on your need. ORIGINAL 6 RFP Drop-Off Recycling Center Program Prepared for City of Round Rock bowater 5 f= { Timeline: 30 days from time bid is awarded pickups for OCC and Plastics will be serviced within 48hrs of notification. 6 7yard Paper Retriever containers t are serviced on a weekly schedule, if containers fill up quicker than weekly schedule service will be supplied within 24hrs of notification. Project Design_ Paper will be serviced via 6 7yard containers. OCC and Plastics bales will } be collected with a open trailer with a BobCat. 6 7yard Paper Retriever containers would be keeping in current location unless City would like to relocate. i P t } ORIGINAL s 7 P 1 RFP Drop-Off Recycling Center Program abitbijj6o Prepared for City of Round Rock viler Purchase Price and Cost Proposal: Paper Collected via 7yard cans Rebate $50 per/ton Corrugated Cardboard Rebate 75% OBM SouthWest High Side Baled Plastic Option #1 mixed Rebate $30/ton * We would not charge a service fee for any collections of loose paper or baled corrugated cardboard or baled plastic* Bid is for Deepwood Recycling Center Location only F 'r ORIGINAL 8 6 v® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) � 0311912012 s e 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 pol)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 MARSH USA,INC. NAME: TWO ALLIANCE CENTER A/N o Ext: A1C No): 3560 LENOX ROAD,SUITE 2400 E-MAIL ATLANTA,GA 30326 ADDRESS: (; Attn:Atlanta.CertRequest@marsh.com 1 F:212-948-4321 INSURERS AFFORDING COVERAGE NAIC q 702487-ALL-CAS-11-12 INSURER A:ACE American Insurance Company 22667 a i INSURED bitibiBowaler Inc. INSURER e:Travelers Property Casualty Company Of America 25674 10 South Academy Street,Suite 300 INSURER C:Travelers Indemnity Cc 25658 Greenville,SC 29601 INSURER D:N/A NIA INSURER E: INSURER F: } COVERAGES CERTIFICATE NUMBER: ATL-00305904W REVISION NUMBER:3 (' 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. WLTR TYPE OF INSURANCE DD UB POLICY NUMBER MWDDI EFF MPWDD/YYYY LIMITS A GENERAL LIABILITY OGLG2445471A 0710112011 07101/2012 EACH OCCURRENCE $ 1,000,000 : X DAMAGE TO R- ED COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ 100,000 X OCLAIMS-MADE OCCUR MED EXP(Any one penton) $ SIR:$250,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE S 6,000,000 1 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 4,000,000 X POLICY PRO-JECT LOC $ B AUTOMOBILE LIABILITY TC2JCAP449J7440.11 07/0112011 07/01/2012 MBI NED SINGLE LIMIT 1000000 Ea acddeM X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE X HIRED AUTOS X AUTOS Per accident $ $ a UMBRELLA LIAR HOCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE S DED RETENTION$ $ B WORKERS COMPENSATION TRJUB449J7439.11(AZ,MA,WI,OR) 0710112011 07/01/2012 X I WCSTATU- I I OTH- AND EMPLOYERS'LIABILITY C ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N TC2HUB449J7427-11(AOS) 0710112011 07/01/2012 E.L.EACH ACCIDENT $ R 1,000,000 € OFFICERIMEMBER EXCLUDED? ® N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYE $ 1,000,000 If yes,describe under 1 1 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ i t F DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space Is required) Re:Collection of recycled material via 7yardl'yard containers,CD Trailer. City Of Round Rack is included as additional Insured(except workers'compensation)where required by written contract. i { 1 CERTIFICATE HOLDER CANCELLATION City Of Round Rock SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Attn:Joy Baggett Purchasing Department THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 221 E.Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Round Rods,TX 78664-529 { AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Ted L.Young ©1988-2010 ACORD CORPORAT ION. All rights reserved. ACORD 26(2010/05) The ACORD name and logo are registered marks of ACORD 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 Recyclables Collection and Purchase Respondents Name AbiBow Recycling LLC DATE: 03/15/12 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 Houston Name of Contact: Sarah Mason a. Title of Contact: Senior Environmental Analyst sarah.mason c(ilhoustontx.aov E-Mail Address: P.O.Box 1562 Houston,TX 77022-1562 Present Address: City, State,Zip Code: Telephone Number, (713)837-9205 Fax Number: 2. Company's Name: Wilmington Solid Waste Name of Contact: Jeff Walls Title of Contact. Coordinator Solid Waste Clinton County E-Mail Address: iwalls&clintoncountyadmin.com Present Address: 180 East Sugartree Street Wilmington, Ohio 45177 City, State,Zip Code: Telephone Number. 937)382-6177 Fax Number: ( 37) 382-5678 3. Company's Name: Johnson City Recycling Center Name of Contact: Lori LeBlue Title of Contact: Recycling Coordinator E-Mail Address: Airport Road Johnson City TX 78636 Present Address: City, State,Zip Code: Telephone Number: (830)868-7111 Fax Number: O FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD. ORIGINAL 11 of11 'ROUND ROCK.TEXAS PURPOSE.PASSION.PROSPERITY. CITY OF ROUND ROCK, TEXAS RECYCLABLES COLLECTION AND SALE 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. f ORIGINAL 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 ,r Approved by Joy Baggett, Purchaser By the signatures affixed below,Addendum No. 1 is hereby incorporated into and made a part of the above referenced solicitation. 1� ACKNOWLEDGED Vendor uthori d Si a re D to s RETURN ONE COPY SIGNED COPY OF THIS ADDENDUM TO THE PURCHASING OFFICE WITH YOUR SEALED z' PROPOSAL. FAILURE TO DO SO MAY AUTOMATICALLY DISQUALIFY YOUR RESPONSE FROM F CONSIDERATION FOR AWARD. t 1: t 1 t S ORIGINAL x i ?i 'f ROUND ROCK,TEXAS PURPOSE.PASSION.PROSPERITY. 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. 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? 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. 'r 5. Q: Is a roll off container acceptable for plastics? s A: Yes. k i 6. Q: How are tires currently being loaded? What is City's desired loading process for tires? F 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. ORIGINAL E 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. i ACKNOWLEDGED C41 C Vend or AF®r Sig tu4re 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. 4; t; i i F f d: t a' ORIGINAL f