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R-12-10-11-G9 - 10/11/2012 RESOLUTION NO. R-12-10-11-G9 WHEREAS, the City of Round Rock desires to have certain recyclable products purchased, recycled, and/or disposed of, and WHEREAS, Austin Metal & Iron Company, L.P. has submitted an Agreement for Sale of Recyclable Brass, and WHEREAS, the City Council desires to enter into said Agreement with Austin Metal & Iron Company, L.P.,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 Sale of Recyclable Brass to Austin Metal & Iron Company, L.P., 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 a hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 11th day of October, 2012. ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: SARA L. WHITE, City Clerk s t O:\wdox\SCC Ints\0112\1204\MUNICIPAL\00259410.DOC X 1 EXHIBIT „A» CITY OF ROUND ROCK AGREEMENT FOR SALE OF RECYCLABLE BRASS TO AUSTIN METAL&IRON COMPANY,L.P. THE STATE OF TEXAS § CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § COUNTY OF TRAVIS § That this Agreement for sale of certain recyclables, specifically brass, (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 Austin Metal & Iron Company, L.P., a Texas limited partnership whose offices are located at 1000 East 0' Street, Austin, Texas 78702 (referred to herein as "Purchaser"). This Agreement supersedes and replaces any previous agreement between the named parties, whether oral or written, and whether or not established by custom and practice. RECITALS: WHEREAS, City desires to have certain recyclable products purchased, recycled, and/or 4 disposed of,such recyclable products specifically being excess and/or scrap brass;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 purchased, recycled, and/or disposed of, and City has selected the offer to provide such services submitted by Purchaser; and WHEREAS,*-Purchaser agrees to provide such services for City on a contractual basis; 4 and WHEREAS, the parties desire to enter into this Agreement to set forth in writing their respective rights, duties,and obligations; NOW,THEREFORE,WITNESSETH: 3 That for and in consideration of the mutual promises contained herein, the parties mutually agree as follows: 255652rkg 5 3 1.01 DEFINITIONS A. Agreement means the mutually binding legal contract between City and Purchaser whereby Purchaser 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) Purchaser's Response dated March 20, 2012; (c) the contract award; and (d) any exhibits, addenda, and/or amendments thereto, all attached as Exhibit "A" and incorporated herein by reference for all purposes. Any inconsistencies or conflicts in the contract documents shall be resolved by giving preference in the following order: (1) This Agreement; (2) Purchaser's Response dated March 20,2012; (3) City's Invitation for Bids,exhibits, and attachments. B. City means the City of Round Rock, located in Williamson and Travis Counties, Texas. C. Effective Date means the date upon which the binding signatures of both parties to this Agreement are affixed. D. Force Majeure means acts of God, strikes, lockouts, or other industrial disturbances, acts of the public enemy, orders of any kind from the government of the United States or the State of Texas or any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, restraint of the government and the people, civil disturbances, explosions, or other causes not reasonably within the control of the party claiming such inability. E. Purchaser or Austin Metal & Iron means Austin Metal & Iron Company, L.P., or any of its successors or assigns. 2.01 EFFECTIVE DATE,DURATION,AND TERM A. This Agreement shall be effective on the date it has been signed by both parties hereto, and shall remain in full force and effect unless and until it expires by operation of the term stated herein, or until terminated or extended as provided herein. B. The initial term of this Agreement is for three (3) consecutive twelve (12)month periods from the effective date hereof. Thereafter, this Agreement may be renewed for two (2) additional periods not to exceed twelve (12) months for each renewal, only upon the express written agreement of both parties and only provided Purchaser has performed each and every contractual obligation specified in this Agreement. 2 7 5 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 Purchaser to provide services for purchase, recycling, and/or disposal of the designated recyclables in accordance with Exhibit "A" and as follows: Brass to be delivered by City to Purchaser's facility. City and Purchaser agree that there shall be no additional fees whatsoever charged to City or passed along to City or passed through to City. 4.01 PURCHASER' S OBLIGATION TO PROVIDE SERVICES As a continuing obligation, Purchaser agrees to purchase, recycle, and/or dispose of the designated recyclable products from City, and to remit to City agreed payment and/or rebate F amounts. Purchaser agrees to buy.from City all brass that is delivered to it from City. Purchaser expressly acknowledges that City may make any reservation of brass to itself that City,in its sole f and unfettered discretion, deems appropriate. City has made no estimate of quantities available, and has made no representation to Purchaser as to estimated quantities. i In the event Purchaser does not purchase,recycle, and/or dispose of the agreed quantities of recyclable products, then City may contract for such services elsewhere, and Purchaser may be charged the difference, if any. 5.01 PURCHASER'S CONTRACTUAL RESPONSIBILITIES A. Purchaser agrees to perform all of its contractual responsibilities and obligations in accordance with standards of the industry. Purchaser shall use best efforts to supervise and direct its agents or employees competently, efficiently, and safely. Purchaser shall adhere and conform to all legal responsibilities related to such purchase and disposal of the recyclable products the subject of this Agreement. B. Purchaser agrees to furnish and assume full responsibility for all services, facilities, equipment, materials and incidentals necessary for the proper purchase, recycling, and/or disposal of the designated recyclable products the subject of this Agreement. C. Purchaser agrees to obtain all permits and licenses, if any, and pay all fees necessary for the proper handling of the designated recyclable products the subject of this Agreement. z D. Purchaser hereby affirms and confirms that it has the capability of properly and lawfully handling and disposing of the designated recyclable products the subject of this t Agreement. 3 k t E E. Purchaser agrees to coordinate with City's representative listed herein in Section 6.01 to establish schedules and to discuss and receive approval of any proposed changes. F. Purchaser agrees to provide City's representative with itemized and accurate documentation, in forms acceptable to City, indicating actual weight (via certified scales) of materials at the time of delivery; weight information input into Purchaser's systems; monthly reports that capture such information as delivery dates and weight for each delivery; and annual tonnage reports that capture total volume of material recycled for the calendar year, and approximate weights recovered by type of commodity. G. Purchaser shall utilize its own equipment and personnel, and both parties agree that no City equipment or forces shall be used. 6.01 CITY'S DESIGNATED REPRESENTATIVE City hereby designates the following representative authorized to act in its behalf with regard to this Agreement: Roy(Buddy) Franklin City of Round Rock,Utility Support Superintendent 4 2008 Enterprise Drive Round Rock,Texas 78664 Telephone: (512)218-5578 Fax Number: (512) 3"41-6649 bfranklin(aroundrocktexas.Qov £' 7.01 RATES AND PAYMENT; PRICE ADJUSTMENTS During the term of this Agreement and any renewals, Purchaser agrees to pay City for specified recyclable products at the following rates: brass at ninety percent (90%) of the ?' published AMM Houston Yellow Brass Solids price (the higher of the two prices listed), with AMM's published prices being updated daily and each load being priced based on the same corresponding day's AMM price. Purchaser shall have the absolute obligation to pay City for any and all recyclables delivered hereunder, in accordance with this Agreement and/or any statements received from City. All payments by Purchaser to City shall be paid monthly at the end of the month for all loads received during that month. Checks shall be made payable to the City of Round Rock, Texas, and shall accompany any corresponding statements from City. 4 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. 4 t Y 8.01 PURCHASER'S OBLIGATION TO TAKE Purchaser is obligated to take the delivered amounts,per twelve-month period. Purchaser shall be obligated to pay City based upon such amounts. Purchaser agrees that City may pursue any remedy available to it at law or in equity, f including but not limited to specific performance of this Agreement and/or any action to recover ' an amount of damages equal to such contractual amounts. { 9.01 CITY'S OPTION TO CONTRACT WITH OTHERS Should Purchaser fail in its obligations to take the contractual amounts of delineated recyclable products, then and in that event City resekves its option to contract with other sources. Purchaser 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 Purchaser 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 inequity. 10.01 RIGHT TO ASSURANCE Whenever either party to this Agreement, in good faith, has reason to question the other party's intent to perform hereunder, then demand may be made to the other party for written assurance of the intent to perform. In the event that no written assurance is given within the reasonable time specified when demand is made, then and in that event the demanding party may treat such failure as an anticipatory repudiation of this Agreement. 11.01 DEFAULT Purchaser 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. S 12.01 TERMINATION AND SUSPENSION 1 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 Purchaser. 5 r r B. In the event of any default by Purchaser, City has the right to terminate this } Agreement for cause,upon ten(10)days' written notice to Purchaser. C. Purchaser 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 fi evidenced in writing by and between the parties. D. Should Purchaser 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 Purchaser until the amount due has been paid in Rill. 13.01 INDEMNIFICATION Purchaser 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 Purchaser,or Purchaser's agents,employees or subcontractors, in the performance of Purchaser'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 Purchaser (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 Purchaser, its agents, employees and subcontractors shall use best efforts to comply with all applicable federal and state laws, the Charter and Ordinances of the City of Round Rock, as amended, and with all applicable rules and regulations promulgated by local, state and national boards,bureaus and agencies. 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. 6 i F Notice to Purchaser: Austin Metal&Iron Company, L.P. { Post Office Box 2115 Austin,TX 78768 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 Purchaser. 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. 18.01 EXCLUSIVE AGREEMENT This document and all appended documents constitute the entire Agreement between City and Purchaser. This Agreement may only be amended or supplemented by mutual agreement of the parties hereto in writing. t 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. Purchaser shall not perform any work or incur any additional costs prior to the execution, by both parties, of such Supplemental Agreement. Purchaser 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 Purchaser nor for any costs incurred by Purchaser relating to additional work not directly authorized by Supplemental Agreement. 20.01 DISPUTE RESOLUTION City and Purchaser 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. 7 s 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 E 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 271.101 and Section 271.102. Other governmental entities within the State of Texas may be extended the opportunity to purchase off of the City of Round Rock's bid, with the consent and agreement of the successful r Purchaser(s) and Round Rock. Such agreement shall be conclusively inferred for the Purchaser from lack of exception to this clause in the Purchaser'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. j: 23.01 INDEPENDENT CONTRACTOR STATUS Purchaser is an independent contractor, not City's employee. Purchaser'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. Purchaser and City agree to the following rights consistent with an independent contractor relationship: A. Purchaser has the right to perform services for others during the term of this Agreement; B. Purchaser has the sole right to control and direct the means, manner and method by which services required by this Agreement will be performed; C. Purchaser has the right to hire assistants as subcontractors, or to use employees to provide the services required by this Agreement; 8 s s p: f D. Purchaser or its employees or subcontractors shall perform the services required hereunder. City shall not hire, supervise,or pay any assistants to help Purchaser; E. Neither Purchaser 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 Purchaser or its employees or subcontractors to devote full time to performing the services required by this Agreement; and G. Neither Purchaser 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 Purchaser shall in all respects comply with the provisions delineated in Part I, Item 3 of City's Solicitation Number 12-021, Specification Numbers 11-998-15, 11-998-47, 11-998-68, 11-998-75, 11-998-85 dated February 2012, attached hereto as Exhibit"A." 25.01 MISCELLANEOUS PROVISIONS Standard of Care. Purchaser 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. Purchaser understands and agrees that time is of the essence and that any failure of Purchaser to fulfill obligations for each portion of this Agreement within the agreed timeframes will constitute a material breach of this Agreement. Purchaser 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 Purchaser's failure to perform in these circumstances, City may pursue any remedy available without waiver of any of City's additional legal rights or remedies. Force Majeure. Neither City nor Purchaser shall be deemed in violation of this Agreement if it is prevented from performing any of its obligations hereunder by reasons for which it is not responsible as defined herein. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. Waiver. No delay or omission by either party in exercising any right or power shall impair such right or power or be construed to be a waiver. A waiver by either parry 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 9 5 F 5 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 E Texas Public Information Act and its duties run in accordance therewith. IN WITNESS WHEREOF,the parties have duly executed this Agreement. Austin Metal ron Company,L.P. By: Printed Name: Title: -e Date Signed: CITY OF ROUND ROCK,TEXAS By: Printed Name: Title: Date Signed: FOR CITY,ATTEST: By: Sara L. White, City Clerk FOR CITY,APPROVED AS TO FORM: ip By: Stephan L. Sheets, City Attorney l i 10 t Mailing Address Phone: 512-477-4640 Street Address 1 PO Box 2115 Fax: 512-472-9933 1000 East 4th Street Austin, TX 78768 Austin,TX 78702 :ar...z:i.. *-s'+r'z ,r. ,y 'T^+' �i�x ..":.'+r+Y .?.s f '? '.+t'c• ^c'_� ,. i r March 20th,2012 City of Round Rock Purchasing Department 221 E. Main Street Round Rock,TX 78664 Being a family owned and operated Austin business since 1913 we value our customer relationships and appreciate the chance to bid on your scrap metal. We are submitting the following bid on the scrap (brass water meters)at your Water Treatment Plant located at 5200 N. IH 35: 1) Austin Metal and Iron will pay the City of Round Rock 90%ofthe published AMM Houston Yellow Brass Solids price(the higher of the 2 prices listed). AMM's published prices are updated daily and each load will be priced based on the same corresponding days AMM price. Per my walk through at your facility the material will be delivered on a City of Round Rock truck and all weights will be stamped by a certified scale at our facility. 2) Payment Terms: A check will be mailed at the end of each month for all loads received during that month. At the time of delivery a copy of the weights will be given to your driver for your records. 3) It is my understanding that you do not need any boxes supplied for this material but if anything changes the necessary boxes will be provided by Austin Metal and Iron. Please do not hesitate to call with any questions. B R rds, Ike Shapi o Austin Metal &Iron EXHIBIT b a "Au s 3 1 I Approved by t 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 A441-^ A, Vendor' AuHo r\iz4cY 8 ignature 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. AMMNONFERROUS S%RAP PRICES Prices effective Monday, March 19, 2012 E Estimated dealer buying prices,in tilb.deli nerd to yard.Montreal and Toronto prices are in Canadian currency. COPPER (rev.o'rji6112) Allanla Boston Buffalo Chicago Cincinnati Cleveland Detroit Houston LA. N.Y. Philly P'brrgb S.F. St.Louis Montreal Toronto = No i.heaaryrya�opp2iandi,4re ::; .315.325. .320.330 .320.335 315330 315330 310-M 310•-5 320.335. 330340 -315-330 310=325- .320-335 315.330 315.330 " 315325'-'305:320 110.2 HE COPPER AND HIRE 304310 300-310 BOU315 285-300 290-305 285-300 295-310 305.320 $15.325 300.315 295-305 295-310 295.310 300-315 295.305 295-305 L-aghlcopi5er 295.310 29$-303 290.305..290.305- 280295 •"285360" '280295.•'295-310 305-315 :290305 285300 290-305 28`-300 285-3011280-290 280M RED BRASS SOLIDS• 22-235 220-230 225-235 225-235 225-235 220-230.-225-235 23'-245 255-265 220-230 210.220 225.235. 245.255 235-245 195-205 200.210 Red brassluinings,.tiorings '205.215 -.185'•195 '--185195'11190.200• 190:200 :185=190. '195-205 :19-5205. •200-210 - 195-205 '>20�21g °190-206: 205.215., 1957205 -'-1.65175 175-.185 Cock and faucets 165-175 170-160 170-180 165-175 170-180 170.180 17518.5 190-1190 170.180 170-180 170-180 175.185 180-190 180-190 180.150 Bass'Dip ; -180-)90 18O?1190- -180:190' 1815-195-`19Q-200 ::1517.200 .•195•2D5.'' `200:215•':190.2001 15-0=200 180-190' .-210.220%..190-200 180:190 YELL01Y DMS$SOLIDS 195 205 1811-190 18Q-190 185 795 190-200 15-195, 105-195 195-TOS 205-215 190.200 100-205 185-195 210.220 195-205 185195 185.195 Mocel yello: braSs.tumidgs,purings 140.150. 1407.50 140'x150`' 145-155 '.150160. `.156-1160.' 150-160 5 150:160'.140--150140-145- .150160. `155.165 140-150'.:135=145 135.140 Yellow brass rad ends 190.200 _ 190-203 190-200 180-190 190 200 18'-195 180.190 195-205 195.205 190-200 19]-200 185-195 195.20,5 185-195 19-}200 s Yellow brass and tuming4 180490 1170;180 •175-185.:170-180 185;190J75--185 575=185 175185:, 185:195. '190-200: 185-196,`. 185-196 '.180-100 194200'-.180-190 :185=195. 70.30 brass clips 205-215 210-220 20"-215 200-210 205-215 200-210 215-275 205-215 225-230 205-215 210-220 205-215 214220 210-220 185495 AUTO RADUITORS'(URSWEATED) 204210 '195-205 195-205. -190-2M..' 200-210'* 15-195'` 190.200 190-200' 210=220'::190-2011 ' 2OD-210' '190-2200 : 205•.215 205215: 165475 170.180 High-grade bronze gears 194200 205-215 205-215 19--205 195.205 195.205 190=200 19-2D5 200-210 205.215 20--215 195-2D5 195.205 190.200 190.201 HigA-gladeTowlead-bronze : - 180-190 -'• :190-200:' 185195 185-.105•.`195-205 .194200. 194200.. 185.195 ' 195.205 •184190 180.190 Mian bronze solids 165 76, 175-18.5 170.180 165.175 185-195 ii-185 170180 1701180 175185 170-186 ,170180 175185 175185 175-185 180-190 175185 F.fisca0anetu's rifcl-eVsitier'solids 1701180 175.185 .-175-155 '170-180. •165175' 1100.190 165175 •585.195' 170-1P.A. 180:190' -lE4190 .180-190 170180. .170-180 .184190 t Manganese bronze tumings 140-150 133.14_5 144150 145.150 145.155 150460 140-150 144150 135.145 135-145 135-145 150.160 135-145 144150 125-135 125.1355 t: ALUMINUM (r_u031102) E Atlanta Boston Buffalo Chicago Cincinnati Cleveland Detroit Houston L.A. N.Y. Philp, P'brrgh S.F. SI.Louis Montreal Toronto S-0rwald tor:coppl0605' '67.72 :67=-0. 6971 6840,': 86 71: •..G5 68. 67 70 60.62:- -69,73, 67-70 6F69 -`6770. 70;7:1'. :'67-72 -612-M 62 69 hfae11m7 app rcOPS 65=70 63-65 66.68 65.66- 64.66 62-65 65.67 60.62 60.73 64-67 64-69 64� 68.69 67-72 6062_ 60.62 Mixd cops. : 64-.66. 61v62 65.-67- 62.66 63.66. . .62-rA .62� 63-62 '' 67-71 :61=64. 61-66 64.67 67-68. `-65-70''.' 69.61'; 59.61 Aluminum borings,turnings.clean 42.47 40.43 42-37 44.49 43-48 42-47 4631 42-47 45-BU 42-47 42.47 44-49 42-44 45-50 40.44 40.44 and dry OM aluminum:shel arA east.:. 67-65. .57-58. ,:.-6467::.: -:59-64 .. .61-66 59.62 69&1::" .53.61 64-66:.' 61-15W` ;60-63. 62417 fit's .: 62-031 •10.62 55,757 Used bmraae cans,clean and dry-, 5.68 56-53 58.59 62.67 62-67 6]-62 5732 64-67 67.69 65-67 66-69 62� 62.65 65=70 5452 5032 s Indastrial.ps8ngs:.: :' . 59.62, 57-M ; :55.56 . -,.60.65_:: :.`�_:` •:59:64. 62.V-, 56.59 _ 57.60 :58.63 . _ :,5Q-52 .50-52 63S aluminum solids 73.75 74-75 ,_ 73.74 72-7-11 _ 71-76 -- 72-77 70.75 ... 70-75 _ _ 71-76 7472 7472 rosilumidumcups .63.65'. - 59=61 '--..6264 M-,68 mr,s 6712< Si34:- "75.78 _� ..'62-G5 _. : 72-75' ' 65-70 5452 5032 75S borings,tummgs,as is 47-50 57-62 _. 4732 523 45.50 52.57 _ 47-50 43-46 __ 42.44 42.44 Alufiumlnutensils 61=66 __: 60:61 50:55 _ 6"-60 67.62'` 57.-59. : 56.59 ;..:i :.:_ '. >..'•. 5032 . 50-52 Painted aluminum siding 59.64 57-61 64.65 61-66 62.67 62-67 55.57 03.65 _.... 58.62 _. 61-63 62-67 55.67 5537 t (a)Appraisal price LEAD (ray.03/15112) Atlanta Boston Buffalo Chicago Cincinnati Cleveland Detroit Houston L.A. N.Y. _ Philp/ P'burgh S.F. SI.Louis Montreal Toronto IiEAVf SOFT LEAD- - 4'3-48. 49.52 49.54 : 49-54 49.54 46-50. -',A6-51 IIA 49.54 ':99-54' ..:... . . :...:44.49:•'..•.4632::'-52=57. -54-59 Moved hard lead 43,46 _._ 4c.51 46-48 _._. 5933 46.50 46450 HA _... 44.48 48-62 49.50 Undrained.whole-old baUer'es- 20-28 . __. 27-32 NA 27-29 26.28:, 25-29 24-28: r . WHEEL HEIGHTS 38-42 39-A1 41-45 34-30 ...... 39-43 36-40 36.40 NA 37-41 42-45 3640 33-37 ...... 42-46 ZINC (rev.(13115/12) Atlanta Boston Buffalo Chicago Cincinnati Cleveland Detroit Houston L.A. N.Y. Philly P'burgh S.F. St.Louis Montreal Toronto #' zinc die cast 39-39-:.:.31-33 34-39-:-`36-41': __. NA. 36-11: ' :34.38. 37.42 3430 _... __ :- 36.41 36-41.:: 3136:: OLD LHC DIE CAST 29-34 31-33 34.39 30-35 M 30-35 34.36 37.42 34-39 .. 36-41, 34-39 26.31 3136 Old zinc scrap 29-34 31-33 34=39. . 30 35'.. _. 1184 3035 34.36'. '34-39 34.39 _ _._ 31-39 34-39. 201 NEW UNC CLIPPINGS, 71-76 73.76 ...... 72-77 ...... NIA 72-77 74-78 74.79 ...... ...... ...... 74-79 71-76 ...... ...... ENNGRAVERS'LHC AND LITHO SHEETS- Zidc d:pft automethta grills 33-33 2934 3641- :.._ INA 36-41 34-36 _._ _._: __. -• 36-41. .:.34-39. NICKEL (reto3112im Atlanta Boston Buffalo Chicago Cincinnati Cleveland Delroil Houston LA. N.Y. Philly P'GrrgO S.F. SI.Louis Montreal Toronto New nicfeldips and sords 764770 754760 754760 707-10 760-7-10 76D-770. 760-TIO 764Tr0 TO=r6D 7647'70 76}770 760-TIO 754760• 750-760 750-7Gg 750.760 Nichaltumingt. 690700 650690 .680•-690. .6]700 '69R=r00. 690700" 690$00 694700 694700 �_ 680 90' Newaa:kel-coppera8oy 505-515 49-505 495305 505-515 505315 505315 505.515 505315 495305 505315 505315 505315 49530. 495-JJ5 _ _... (e g.,Mone)ceps and solids Nidalcopparallloy 485-495 475-485 475-455 , 49SA95 485495 46-495 485-495 485.195 475-485 485495 485495 485-495 475-485 _.._ (eq.,Mone)9)luminesand shavings mckeRmpperalloy 540-550 530-646 530340 540550 540350 540350 540.50 540350 530.540 _. 544550 550-560 __.. 530-MO leg_Mmol ')pstinds Ni Til chrome rron auuj(e.0-- 554560 r590.311540-550' 550060 550360 550360 ESO-560 554560 544533 550360 550350 550360 540x,50 590:550 590550 E,40.550 InconeID)solids Mon-P and Inconel;are registered trademarks of Huntington Alloys Corp. SCRAP METALS Estiml4d buying prirvs SMELTERS'LTAU SCRAP Old Sheet 73.00-75.00 Scrap Price Changes Today (carload lots,delivered bv/ers'v,oris) Boding prices heavy soft lead(cat),including Old cast 76.00-78.00 (Nonferrous scrap price changes were € In cents per pound except as otherv4se noted. da-Fiery to sm=_her Tumfngs,clean and dry 73.0475.00 made for these C111es: BRASS MILL SCRAP (rex 031'07/12) Aluminum-copper radiators 170.04175.00 No.1 copper 38200' Scrap lead $73.00-575.00 Nonferrous auto shred(909%alurrz)' 66.00.88.03 None REFINERS'COPPER SCRAPRamefl lead $83-00-S85-00 •Unmeced full truddoad,`twitch'grade Whole batteries $40.00-54200 DOMESTIC ALUMINUM PRODUCERS Flo.t copper 367.00' Cable lead $78.04$80.00 he.2 copper 347.00' SMELTERS'ZINC SCRAP carload prices for processed used aluminum pas in - Light copper 339.00' (rev.03417/12) carload lots,f.o.b.shipping 31411 (rv.03119112) Price.retiietN for fierrous and BRASS INGOT MAKERS'SCRAP New zine clippings 67.047200 Used beverage can scrap 78.00-81.07 ' > (rev.3n92012) Old zinc(clean) 47.0452.07 tianferrous scrap mari(ets Copper Die cast slab 59.OD34.00 MILLS,SPECIALTY CONSUMERS'BUYING PRICES Gahankers'dress 71.047X0 No.1 371,00.373.00' SECONDARY SMELTERS' (rv.ar>°r2G12) AMM is revie►ving ferrous and non .1 lar bright 383.00.386.00' S W- p;- ed bwc0e9v/dips ferrous scrap prices for all the mar- No - � -110.2 349.00352rA' ALUMINUM SCRAP &M100.00.101.0 kets it lists to'ensure they are in line Light copper 34200 345.00' containing scerd�9?�the smaller is full trudddads 3105 91,00.0-2.00 With the market.(f-You would like to E NO.i comp.solids 27104274 00 (rv.3/1912012) Mixed Mw copperathrf cups 85.0487.00 provide feedback, please write to Wv03108112) Nixed low copper dips 78.07.80.00 Painted siding 81.004!3.00 editor@amm.60TTT: Comp„borings,turnings 261.04265.00 Mixed high copper clips 77.00.79.00 (rev.03103112) g p Nominal for Spot sales. If changes are4rarranted,the date of IITe P.adidars(rej.03115n2) 229.04232001-1-3 - high zinc dips 720473.00 sot's 81.0482.017 changes and tie arTi--Dunt of the possible Yellow brass solids(rei.0108112) 225.00-230.00 Siding,parnld XOD76.00 HUS_are -suVvzt to the disclaimer appaaring on'tie adjustments viill be announced. Timings(rcv.03'03112) 2'00.04205.00 Mixed clips 76.0477.00 - 'AM}1h9 iket Guide page w ww.amm.com AMERICAN METAL MARKET March 20,2012 11 SOLICITATION NUMBER 12-021 SPECIFICATION NUMBER 3 11-998-15 •11-998-47.11-998-68 •11-998-75.11-998-85 DATED:JANUARY 2012 f S ATTACHMENT A REFERENCE SHEET PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE SOLICITATION NUMBER: RESPONDENT'S NAME: I kC S,h�/A`�ro �►�Sit /k/<I d-r„pATE: - � 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: p-F A-�,5 T-I nI �ct5i in/ ClyePc/ Name of Contact: TokvW k"r Title of Contact: �t, , E-Mail Address: j a i-4 (,V i-E,� St �� ��e f �F(�► Present Address: City, State, Zip Code: Aoah n Telephone Number: ( ) _ Fax Number: 2. Company's Name: C/rLf Of Au 5-i - . 14/4-.57-e. Name of Contact: Title of Contact: YV6 R" E-Mail Address: rip Present Address: City, State, Zip Code: 5 -7 R10 i Telephone Number: ( 51� )�a_ �'�(��j Fax Number: O TO 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. k 4 F 44 ..F44 t '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 CITY OF ROUND ROCK REQUEST FOR PROPOSAL RECYCLABLES COLLECTION AND PURCHASE PART l 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, E collection, transportation and recycling of City's recyclable material. Materials shall include, but are not limited to, Cardboard, Plastics, Paper,Aluminum, Glass,Tin, Steel, Lead/Acid Batteries, Tires, Brass and Copper. City's intent is to sell said materials to the highest qualified bidder or, if required, obtain the best low price for the removal of these items. 2. DEFINITIONS,TERMS AND CONDITIONS: By submitting a response to this solicitation,the Respondent agrees that the City's standard Definitions,Terms and Conditions, in effect at the time of release of the solicitation, shall govern unless specifically provided otherwise in a separate agreement or on the face of a purchase order. Said Definitions,Terms and Conditions are subject to change without notice. It is the sole responsibility of respondents to stay apprised of changes. The City's Definitions,Terms and Conditions can be obtained from the City's website http://www.roundrocktexas.gov/home/index.asp?paqe=463. 3. INSURANCE: The Respondent shall meet or exceed ALL insurance requirements set forth by the Insurance Requirements as identified on the City's website at http://www.roundrocktexas.gov/home/index.asp?paqe=463. 4. ATTACHMENTS: Attachments A through B are herein made a part of this solicitation: i 4.1. Attachment A: Reference Sheet r s 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(Wround-rockAx.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 1 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 6.5. 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; s 7.6. The total long-term cost to the City to acquire the Respondent's goods or services; 7.7. Any relevant criteria specifically listed in the solicitation. 7.8. The City reserves the right to reject any or all responses, or delete any portion of the response,or to accept any response deemed most advantageous, or to waive any irregularities or informalities in the response received that best serves the interest and at the sole discretion of the City. F 8. AGREEMENT TERM: The terms of the awarded agreement shall be as follows: g 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 a , SOLICITATION NUMBER 12-021 SPECIFICATION NUMBER 11-998-15 •11-998-47.11-998-68 •11-998-75.11-998-85 DATED:FEBRUARY 2012 i 9.1.1.2. B=Current and/or latest baseline index 9.1.1.3."B"minus"A",then divided by"A". Multiply sum by 100%equals the percent of the allowable price increase or decrease, "C". C = [ ( B-A ) :-A] x100 % 9.1.2. The allowable percent change shall be rounded to the nearest one-hundredth of one percent and shall be the maximum unit price adjustment permitted, except that the vendor may offer price decreases in excess of the allowable percent change. 9.2. PROCEDURE TO REQUEST INCREASE OR OFFER DECREASE. 9.2.1. Mail the price increase request to the designated City Contract Specialist a minimum of 120 days prior to each renewal period. Vendor shall supply supporting documentation as justification for each request. City of Round Rock Purchasing Department ATTN: Contract Specialist 221 E. Main Street Round Rock,Texas 78664-5299 9.2.2. Upon receipt of the request,the City reserves the right to either:accept the escalation as supported by the appropriate price index and make change to the purchase order within 30 days of the request, Y negotiate with the vendor or cancel the agreement or purchase order if an agreement cannot be reached on the value of the increase. 10. AWARD: The City reserves the right to enter into an agreement or a purchase order with a single award, split awards, non-award, or use any combination that best serves the interest and at the sole discretion of the City. ' Award announcement will be made upon City Council approval of staff recommendation and executed agreement. Award announcement will appear on the City's website at hftp://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 r 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 z 12.3. The is a bona fide dispute between the Vendor and a subcontractor or between a subcontractor and its i suppliers concerning supplies, material, or equipment delivered or the services performed which caused the payment to be late; or 3: 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 1 3of11 3 1 SOLICITATION NUMBER i 12-021 SPECIFICATION NUMBER 11-998-15 •11-998-47.11-998-68 •11-998-75.11-998-85 DATED:FEBRUARY 2012 the governing body of the City does not appropriate funds sufficient to purchase the estimated yearly quantities, as determined by the City's budget for the fiscal year in question. The City may affect such termination by giving Vendor a written notice of termination at the end of its then current fiscal year. 14. INTERLOCAL COOPERATIVE CONTRACTING(PIGGYBACK): Other governmental entities may be extended the opportunity to purchase off of the City's Agreements,with the consent and agreement of the awarded vendor(s)and the City. Such consent and agreement shall be conclusively inferred from lack of exception to this clause in a Respondent's submittal. However,all parties indicate their understanding and hereby expressly agree that the City is not an agent of,partner to, or representative of those outside agencies or entities and that the City is not obligated or liable for any action or debts that may arise out of such independently-negotiated"piggyback"procurements. PART II SCHEDULE d 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 ri 1.5. Responses due by 3:00 PM March 13, 2012 1.6. Oral Presentation (if necessary) April 2012 All questions regarding the solicitation shall be submitted in writing by 5:00 PM on the due date noted above. A copy of all the questions submitted and the City's response to the questions shall be posted on our webpage, http://www.roundrocktexas.gov/home/index.asp?page=463. Questions shall be submitted to the City contact named in PART I, Paragraph 5. The City reserves the right to modify these dates. Notice of date change will be posted to the City's website. 4of11 SOLICITATION NUMBER 12-021 SPECIFICATION NUMBER 11-998-15 •11-998A7.11-998-68 •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 II, 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 x Round Rock,Texas 78664-5299 i' 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. t 3.4. Late responses will be returned to Respondent unopened if a return address is provided. 4. 'IMPORTANT'SOLICITATION UPDATES AND NOTIFICATIONS: Respondents are responsible for monitoring the City's website http://www.roundrocktexas.gov/home/index.asp?page=462 for updates and other notifications pertaining to this solicitation. Updates and notifications may include addendums, cancellations or other information pertinent to submitting a correct and accurate response. The City assumes no responsibility for said communication beyond updating the website as noted. 5. AGREEMENT NEGOTIATIONS: In establishing an agreement as a result of the solicitation process,the City may: 5.1. Review all submittals and determine which Respondents are reasonably qualified for award of the agreement. 5.2. Determine the Respondent whose submittal is most advantageous to the City considering the evaluation G 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. s 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. p 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 x n SOLICITATION NUMBER 12-021 SPECIFICATION NUMBER 11-998-15--11-998-47-11-998-68 -11-998-75-11-998-85 DATED:FEBRUARY 2012 6.3. Identify specific milestones, goals and strategies to meet objectives. PART III SPECIFICATIONS 1. SCOPE OF WORK: Services proposed shall include the purchase, collection,transportation and recycling of the City's recyclable material as specified herein. Materials shall include, but are not limited to, Cardboard,Plastics, Paper,Aluminum,Glass, Tin, Steel, Lead/Acid Batteries,Tires, Brass and Copper. The City's intent is to sell said materials for the highest possible price or, if required, obtain the best low price for the removal of these items. 2. PRICING: Pricing indicated in the proposal shall be all inclusive of all labor, equipment,testing, freight,fees and fuel necessary to perform the service specified herein. No fuel surcharge shall be permitted. 3. CURRENT MATERIAL AND CONTAINERS: Proposed containers shall be provided at the Respondent's expense and shall meet the minimum material volume requirements detailed herein. Proposed container sizes and configuration for each site shall optimize traffic flow and allow for the least frequent pick-up schedule as is practical. The following container and bale sizes are CURRENTLY in use by the City and are approximate: Deepwood Recycling Center 3.1. Corrugated Cardboard: Bale Size 60x3Ox46 Inches 3.2. Plastics 3.2.1. Option#1 3.2.1.1. #1-7 Baled Together: Bale Size 60x3Ox42 Inches 3.2.2. Option#2 3.2.2.1. #1 Polyethylene terephthalate(PET)Alone: Bale Size 60x3Ox42 Inches 4` 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 h 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 z SOLICITATION NUMBER 12-021 SPECIFICATION NUMBER 11-998-15 •11-998-47.11-998-68 •11-998-75.11-998-85 DATED:FEBRUARY 2012 refrigerators,freezers and air conditioning units) Two(2)30 Yard Open Top Roll Off 3.7. Lead/Acid Batteries: Pallets Waterline Maintenance Facility 3.8. Steel: None—on ground, but container is desired 3.9. Copper: One(1)4'x4'Box Capacity 2,000 lbs Vehicle Maintenance Facility 3.10.Tires: None—on ground, but container is desired Water Treatment Plant i 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 z 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 a Aluminum 5 Tons 4 a 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 f Lead/Acid Batteries 9 Tons 24 Tires 5 Tons 12 Brass 24 Tons 24 Copper 1 Ton 2 7of11 F E 4 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 I' 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/truckin g industry/transportinghazardousmaterials.html 7.2. Providing proof of the firm's current Commercial Driver's License(CDL)with,Hazardous Materials Endorsement from the Texas Department of Public Safety. http://www.txdps.state.tx.us/driverlicense/hme.htm 6.2. Coordinating with the City's representatives to establish pickup schedules and discuss any specific details pertaining to pick-ups. 6.3. Collecting all items completely with each visit. 6.4. Providing City's representatives with itemized Manifest Tickets at the time of pick-up indicating quantities of items collected from the site. 6.4.1. City representatives for each site shall be identified at the Post Award Meeting. 6. DAMAGE: The successful Respondent shall be responsible for damage to the City's equipment, property and environment,the workplace and its contents by its work, negligence in work, its personnel and equipment. a 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 t 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. F 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 F t SOLICITATION NUMBER 12-021 SPECIFICATION NUMBER 11-998-15 •11-998-07.11-998-68 •11-998-75.11-998-85 DATED:FEBRUARY 2012 i 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- r 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. 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. Proiect 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 17.10. 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 i SOLICITATION INSTRUCTIONS ITEMS BELOW APPLY TO AND BECOME A PART OF TERMS AND CONDITIONS OF SOLICITATION ANY EXCEPTIONS THERETO MUST BE IN WRITING 1. SOLICITATION REQUIREMENTS: 1.1 Responding requires pricing per unit shown and extensions. If trade discount is shown on solicitation, it should be deducted and net line extensions shown. Respondents guarantees product offered will meet or exceed specifications identified in this Request for Proposal(RFP). 1.2 Responses shall be submitted in accordance with the solicitation. Each response shall be placed in a separate envelope completely and property identified. Responses must be in the Purchasing Department before the hour and date specified on the solicitation. 1.3 Late responses 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 govern. Responses subject to unlimited price increase will not be considered. 1.6 Submitted prices shall be fine for acceptance 30 days from solicitation opening dale. "Discount from List'responses are not acceptance unless requested. Cash discount will not be considered in determining the low response.All cash discounts offered wit 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 title and authority to bind signatories firm in an agreement Firm name should appear on each page in the block provided in the upper right comer. Business Entity shall be one(1)of the following:Individual,Partnership,Sole Proprietorship,Estate/Trust,Corporation,Governmental.Non-profit,all others shall be specked. INDIVIDUAL:List name and number as shown on Social Security Card. SOLE PROPRIETORSHIP:List legal name followed by legal business name and Social Security Number. ALL OTHERS:List legal name of entity and Tax Identification Number(TIN). 1.8 Responses cannot be altered or amended after opening time. Any Alterations made before opening time shall be initialed by respondent or an authorized agent. No response can be withdrawn after opening time without approval of the CITY based on a written acceptable reason. 1.9 The City is exempt from State Sales Tax and Federal Excise Tax Do not include tax in response. 1.10 The City reserves the right to accept or reject all or any part of response,waive minor technicalities and award the response to best serve the interests of the City.Split awards may be made at the sole discretion of the City. 1.11 Consistent and continued tie 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 tate,illegible, incomplete,or otherwise non-responsive. 2. SPECIFICATION: 2.1 Any catalog, brand name or manufacturers reference used in the solicitation is descriptive only(not restrictive),and is used to indicate type and quality desired. Responses on brands of like nature and quality will be considered unless advertised under the provisions of Section 252.022 of the Texas Local Government Code. If other than brand(s)specified Is offered,illustrations and complete descriptions of product offered are requested to be made a part of the response, if respondent takes no exceptions to specifications or reference data in response,respondent will be required to furnish brand names,numbers,eta,as specified In the solicitation. 2.2 All items on the solicitation shall be new,in first class condition,including containers suitable for shipment and storage,unless otherwise indicated in the solicitation. Verbal agreements to the contrary will not be recognized. 2.3 Samples,when requested, must be furnished free of expense to the City. If not destroyed in examination,they will be returned to the respondent,on request,at respondent expense. Each example should be marked with respondents'name and address,City solicitation number and code. Do not enclose in or attach to response. 2.4 The City will not be bound by any oral statement or representation contrary to the written specifications of the solicitation. 2.5 Manufacturer's standard warranty shall apply unless otherwise stated in the solicitation. 3. TIE RESPONSES: In case of tie responses,the award will be made in accordance with Section 271.901 of the Texas Local Government Code. 4. DELIVERY: 4.1 Response shall show number of days required to place material in City's designated location under normal conditions. Failure to state deliver time obligates respondent to complete delivery in fourteen(14)calendar days. Unrealistically short or long delivery promises may cause response to be disregarded. Consistent failure to meet delivery promises without valid reason may cause removal from Vendor list.(See 4.2 following.) 4.2 If delay is foreseen,Vendor shall give written notice to the City. The City has the right to extend delivery date if reasons appear valid. Vendor shall keep the City advised at all times of status of order. Default in promised delivery(without acceptable reasons)or failure to meet specifications,authorizes the City to purchase supplies elsewhere and charge full increase,if any,in cost and handling to defaulting Vendor. s 4.3 No substitutions or cancellations permitted without written approval of the City. 4.4 Delivery shall be made during normal working hours only,unless prior approval for late delivery has been obtained from the City,unless otherwise specked in the solicitation. 5. INSPECTION AND TESTS: All goods will be subject to inspection and test by the City to the extent practicable at all times and places. Authorized City personnel shall have access to any supplier's place of business for the purpose of inspecting merchandise. Tests may be performed on samples submitted with the response or on samples taken from regular shipments. If the products tested fail to meet or exceed all conditions and requirements of-the specifications,the cost of the sample used and the cost of the r testing shall be borne by the supplier. Goods,which have been delivered and rejected in whole or in part,may,at the Citys 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 r antitrust laws of the State of Texas.TY,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, 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. 10A Neither the respondent nor the fine,corporation,partnership,or any entity represented by the respondent,or anyone acting for such firm,corporation,or entity has Violated the antitrust laws of this State codified in Section 15.01 et.Seq.Texas Business and Commercial Code,or the Federal Antitrust Laws,nor communicated directly or indirectly the response made to any competitor,or any other person engaged in such line of business. 10.5 The respondent has not received compensation for participation in the preparation of the specification for the solicitation. 11. NOTE TO RESPONDENTS: Any terns 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 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 a SOLICITATION NUMBER 12-021 SPECIFICATION NUMBER 11-998-15 •11-998117.11-998-68 •11-998-75.11-998-85 DATED:JANUARY 2012 ATTACHMENT A REFERENCE SHEET PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE 3 SOLICITATION NUMBER: RESPONDENT'S NAME: DATE: Provide the name, address, telephone number and point of contact of at least three (3)firms applicable to Municipal and/or Government projects that have utilized similar service for at least two(2)years. City of Round Rock references are not applicable. References may be checked prior to award. Any negative responses received may result in disqualification of solicitation. 1. Company's Name: Name of Contact: Title of Contact: E-Mail Address: Present Address: _ City, State, Zip Code: Telephone Number: ( ) Fax Number: ( ) 2. Company's Name: Name of Contact: Title of Contact: E-Mail Address: Present Address: City, State, Zip Code: Telephone Number: ( ) Fax Number: ( ) 3. Company's Name: Name of Contact: Title of Contact: E-Mail Address: Present Address: City, State, Zip Code: Telephone Number: ( ) Fax Number: ( ) z FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD. 11 of 11 NT NFO CastcmerNamRa ItE3PL—ACE ntEIR € '-IMN.LrtLI; i/L"d LI i Oji 1L?!a%S Service Location Name Tax Id h! Customer Billing Address rvice I,ocatiaL P - Attention(Title afRemi—WConuct Penon as Sponsor Group) 11YSlCn!�iddC@SS COUNTY 1 \ Street \At ` Street , l:.V L'S (:, it!Z� (1^.�� l\.]C .� t. •a� Cry.Sate Ip �`ie �•:L"•.L� f ..V L Ciry.Smte Ztp r k Customer Contact Person NameName Sen-ice Location Contact Pelson 1 Tel. CCUC t\L�r', t�� _� t• z / Tel U.1 (j L 1 1'�, -J a S`) �'j 1 Entai(;•JUaas \�L.i- �,l�� :.� S•7 �S 1.`. � �7 l �• � :c Enwil Address L CONTAINER SFZE Coaulner Iofo Conminer service Commencement Contract S(nall,dSmrt Date SCFIEDLtLE Date(Bill Placement Date) Contract Eads Q yo �� Qwan:y� rrp< SAI can.0-da Braua INDICATOR in�A^f'� COAIJtODt f1'CODE INDICATOR REGION is DeskstJe bins I R OFSLIhI SLI41 JIAI LID is OF CARTS H1GiJL01Y JUIS N B- S�iV HIGH SIDE TYPE CJ U FLOORS CF.Ii1NCS FI\EDSI'ER AII.T. tll,r.L\DICATOR 5alesRe Representative �> I TON REBATE NDICATOR% LFSSS Sales Representativei6 Karen Goldman 78801353 w r r ecu VudSarcbxrzlY0 Haul Costs( Clrele l Fe lta dl retipmea,l PerPiekupor A7ont6) Ectn Pickup Feb(LIR SQedal Instruction: f f /S; -ion REvtsT` •f MewlCSl Y I N �. j-y S i� rELI; FOR OFFICE LIS E ,YLY ENfFRED AT CLIM BY(tame) - J t t i 1rw- �'' City Council Agenda Summary SheetROUND ROCK,TEXAS PURPOSE.PASSION.PROSPERITY. i Agenda Item No. G9. Consider a resolution authorizing the Mayor to execute an Agreement for Sale of Agenda Caption: Recyclable Brass with Austin Metal & Iron Company, L.P. Meeting Date: October 11, 2012 Department: Utilities and Environmental Services Staff Person making presentation: Michael Thane Utilities Director Item Summary: Each year, the City's Deepwood Recycling Center collects several tons of various recyclable materials. These materials give the City an opportunity to generate profits by bidding out collections of specific products. On March 20, 2012, the City went out to bid on the collection of certain recyclable products in order to obtain the highest X revenue for the City. One of the products up for bid was brass, in which the City has not previously had a contract with any company. Three companies submitted bids for the collection of this specific product; The item is being recommended for award to Austin Metal & Iron Company, L.P. (AM&IC). This contract is a three-year agreement, with the ability for renewal for an additional two years that allows excess and/or scrap brass to be purchased, recycled, and/or disposed of.Specifications in this contract include: -Brass will be collected at the City's Deepwood Recycling Center -Brass rate= 90%of published American Metal Markets Houston Yellow Brass Solids price -City will deliver brass to AM&IC's facility at no charge -AM&IC agrees to buy all brass that is delivered Cost: Revenue dependent on market Recommended Action: Approval EXECUTED ORIGINAL DOCUMENT FOLLOW S CITY OF ROUND ROCK AGREEMENT FOR SALE OF RECYCLABLE BRASS TO AUSTIN METAL&IRON COMPANY,L.P. THE STATE OF TEXAS § CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS: F COUNTY OF WILLIAMSON § COUNTY OF TRAVIS § That this Agreement for sale of certain recyclables, specifically brass,brass, (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 Austin Metal & Iron Company, L.P., a Texas limited partnership whose offices are located at 1000 East 0 Street, Austin, Texas 78702 (referred to herein as "Purchaser"). This Agreement supersedes and replaces any previous agreement between the named parties, whether oral or written, and whether or not established by custom and practice. RECITALS: WHEREAS, City desires to have certain recyclable products purchased, recycled, and/or disposed of, such recyclable products specifically being excess and/or scrap brass; 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 purchased, recycled, and/or disposed of, and City has selected the offer to provide such services submitted by Purchaser; and WHEREAS, Purchaser 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: 255652/jkg 'fZ-1210-l�-meq 1.01 DEFINITIONS A. Agreement means the mutually binding legal contract between City and Purchaser whereby Purchaser 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, 11-99847, 11-998-68, 11-998-75, 11-998-85 dated February 2012; (b) Purchaser's Response dated March 20, 2012; (c) the contract award; and (d) any exhibits, addenda, and/or amendments thereto, all attached as Exhibit "A" and incorporated herein by reference for all purposes. Any inconsistencies or conflicts in the contract documents shall be resolved by giving preference in the following order: (1) This Agreement; (2) Purchaser's Response dated March 20, 2012; (3) City's Invitation for Bids,exhibits, and attachments. B. City means the City of Round Rock, located in Williamson and Travis Counties, Texas. C. Effective Date means the date upon which the binding signatures of both parties to this Agreement are affixed. D. Force Majeure means acts of God, strikes, lockouts, or other industrial disturbances, acts of the public enemy, orders of any kind from the government of the United States or the State of Texas or any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, restraint of the government and the people, civil disturbances, explosions, or other causes not reasonably within the control of the party claiming such inability. E. Purchaser or Austin Metal & Iron means Austin Metal & Iron Company, L.P., or any of its successors or assigns. 2.01 EFFECTIVE DATE,DURATION,AND TERM A. This Agreement shall be effective on the date it has been signed by both parties hereto, and shall remain in full force and effect unless and until it expires by operation of the term stated herein,or until terminated or extended as provided herein. B. The initial term of this Agreement is for three (3) consecutive twelve (12) month periods from the effective date hereof. Thereafter, this Agreement may be renewed for two (2) additional periods not to exceed twelve (12) months for each renewal, only upon the express written agreement of both parties and only provided Purchaser has performed each and every contractual obligation specified in this Agreement. 2 i' a 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 Purchaser to provide services for purchase, recycling, and/or disposal of the designated recyclables in accordance with Exhibit "A" and as follows: Brass to be delivered by City to Purchaser's facility. City and Purchaser agree that there shall be no additional fees whatsoever charged to City or passed along to City or passed through to City. f 4.01 PURCHASER' S OBLIGATION TO PROVIDE SERVICES As a continuing obligation, Purchaser agrees to purchase, recycle, and/or dispose of the designated recyclable products from City, and to remit to City agreed payment and/or rebate amounts. Purchaser agrees to buy from City all brass that is delivered to it from City. Purchaser expressly acknowledges that City may make any reservation of brass to itself that City, in its sole and unfettered discretion, deems appropriate. City has made no estimate of quantities available, and has made no representation to Purchaser as to estimated quantities. In the event Purchaser does not purchase, recycle, and/or dispose of the agreed quantities of recyclable products, then City may contract for such services elsewhere, and Purchaser may be charged the difference,if any. 2 5.01 PURCHASER'S CONTRACTUAL RESPONSIBILITIES A. Purchaser agrees to perform all of its contractual responsibilities and obligations in accordance with standards of the industry. Purchaser shall use best efforts to supervise and r direct its agents or employees competently, efficiently, and safely. Purchaser shall adhere and conform to all legal responsibilities related to such purchase and disposal of the recyclable products the subject of this Agreement. B. Purchaser agrees to furnish and assume full responsibility for all services, facilities, equipment, materials and incidentals necessary for the proper purchase, recycling, x and/or disposal of the designated recyclable products the subject of this Agreement. C. Purchaser agrees to obtain all permits and licenses, if any, and pay all fees necessary for the proper handling of the designated recyclable products the subject of this Agreement. D. Purchaser hereby affirms and confirms that it has the capability of properly and lawfully handling and disposing of the designated recyclable products the subject of this Agreement. s x 3 3 3 E. Purchaser agrees to coordinate with City's representative listed herein in Section 6.01 to establish schedules and to discuss and receive approval of any proposed changes. F. Purchaser agrees to provide City's representative with itemized and accurate documentation, in forms acceptable to City, indicating actual weight (via certified scales) of materials at the time of delivery; weight information input into Purchaser's systems; monthly reports that capture such information as delivery dates and weight for each delivery; and annual tonnage reports that capture total volume of material recycled for the calendar year, and approximate weights recovered by type of commodity. G. Purchaser shall utilize its own equipment and personnel, and both parties agree that no City equipment or forces shall be used. 6.01 CITY'S DESIGNATED REPRESENTATIVE City hereby designates the following representative authorized to act in its behalf with regard to this Agreement: } Roy(Buddy) Franklin City of Round Rock,Utility Support Superintendent 2008 Enterprise Drive Round Rock, Texas 78664 Telephone: (512)218-5578 Fax Number: (512) 341-6649 bfranklin@xoundrocktexas.gov 7.01 RATES AND PAYMENT; PRICE ADJUSTMENTS E During the term of this Agreement and any renewals, Purchaser agrees to pay City for specified recyclable products at the following rates: brass at ninety percent (90%) of the published AMM Houston Yellow Brass Solids price (the higher of the two prices listed), with AMM'spublished prices being updated daily and each load being priced based on the same corresponding day's AMM price. z Purchaser shall have the absolute obligation to pay City for any and all recyclables delivered hereunder, in accordance with this Agreement and/or any statements received from City. All payments by Purchaser to City shall be paid monthly at the end of the month for all loads received during that month. Checks shall be made payable to the City of Round Rock, Texas, and shall accompany any corresponding statements from City. 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. 4 f 8.01 PURCHASER'S OBLIGATION TO TAKE Purchaser is obligated to take the delivered amounts,per twelve-month period. Purchaser t shall be obligated to pay City based upon such amounts. Purchaser 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 amounts. 9.01 CITY'S OPTION TO CONTRACT WITH OTHERS Should Purchaser 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. Purchaser 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 Purchaser 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 otherp arty for written assurance of the intent to perform. In the event that no written assurance is given within the reasonable time specified when demand is made, then and in that event the demanding party may treat such failure as an anticipatory repudiation of this Agreement. 11.01 DEFAULT Purchaser 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 Purchaser. 5 B. In the event of any default by Purchaser, City has the right to terminate this Agreement for cause, upon ten(10)days' written notice to Purchaser. C. Purchaser 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 Purchaser 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 Purchaser until the amount due has been paid in full. 13.01 INDEMNIFICATION Purchaser 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 Purchaser,or Purchaser's agents,employees or subcontractors, in the performance of Purchaser'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 Purchaser (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 Purchaser, its agents, employees and subcontractors shall use best efforts to comply with all applicable federal and state laws, the Charter and Ordinances of the City of Round Rock, as amended, and with all applicable rules and regulations promulgated by local, state and national boards, bureaus and agencies. 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. 6 4 k Notice to Purchaser: Austin Metal &Iron Company, L.P. Post Office Box 2115 Austin,TX 78768 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 Purchaser. 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. 18.01 EXCLUSIVE AGREEMENT This document and all appended documents constitute the entire Agreement between City and Purchaser. This Agreement may only be amended or supplemented by mutual agreement of the parties hereto in writing. 19.01 SUPPLEMENTAL AGREEMENTS k 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. Purchaser shall notperform any work or incur any additional costs prior to the execution, by both parties, of such Supplemental Agreement. Purchaser shall make no claim for extra work done or {' materials fumished unless and until there is full execution of any Supplemental Agreement, and City shall not be responsible for actions by Purchaser nor for any costs incurred by Purchaser relating to additional work not directly authorized by Supplemental Agreement. 20.01 DISPUTE RESOLUTION City and Purchaser 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. 7 t t t. 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 4 F, Section 271.101 and Section 271.102. k 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 a Purchaser(s) and Round Rock. Such agreement shall be conclusively inferred for the Purchaser from lack of exception to this clause in the Purchaser'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 Purchaser is an independent contractor, not City's employee. Purchaser'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. Purchaser and City agree to the following rights consistent with an independent contractor relationship: A. Purchaser has the right to perform services for others during the term of this Agreement; B. Purchaser has the sole right to control and direct the means, manner and method by which services required by this Agreement will be performed; C. Purchaser has the right to hire assistants as subcontractors, or to use employees to provide the services required by this Agreement; 8 D. Purchaser or its employees or subcontractors shall perform the services required hereunder. City shall not hire, supervise,or pay any assistants to help Purchaser; E. Neither Purchaser 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 Purchaser or its employees or subcontractors to devote full time to performing the services required by this Agreement; and G. Neither Purchaser 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 Purchaser shall in all respects comply with the provisions delineated in Part I, Item 3 of City's Solicitation Number 12-021, Specification Numbers 11-998-15, 11-998-47, 11-998-68, 11-998-75, 11-998-85 dated February 2012, attached hereto as Exhibit"A." 25.01 MISCELLANEOUS PROVISIONS Standard of Care. Purchaser 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. Purchaser understands and agrees that time is of the essence and that any failure of Purchaser to fulfill obligations for each portion of this Agreement within the { agreed timeframes will constitute a material breach of this Agreement. Purchaser 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 Purchaser's failure to perform in these circumstances, City may pursue any remedy available without waiver of any of City's additional legal rights or remedies. Force Majeure. Neither City nor Purchaser shall be deemed in violation of this Agreement if it is prevented from performing any of its obligations hereunder by reasons for which it is not responsible as defined herein. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. Waiver. No delay or omission by either party in exercising any right or power shall impair such right or power or be construed to be a waiver. A waiver by either party of any of the covenants to be performed by the other or any breach thereof shall not be construed to be a waiver of any succeeding breach or of any other covenant. No waiver of discharge shall be valid 9 3 1 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. Austin Metal Ir Company,L.P. By: Printed Name: jkt S 6vI�-n Title: Date Signed: -3 - z f CITY OF ROUND ROCK,TEXAS f By: Printed N e: Title: Q Date Signed: p• • l 4 FOR CITY, ATTEST: l By: Sara L. White, City Clerk FOR CIT , PPROVED AS TO FORM: R. By: 4 Step an Sheets, City Attorney 10 3 Mailing Address Phone: 512-477-4640 Street Address PO Box 2115 Fax: 512-472-9933 1000 East 4th Street Austin,TX 78768 Austin, TX 78702 c � r March 20th, 2012 City of Round Rock Purchasing Department 221 E. Main Street Round Rock,TX 78664 Being a family owned and operated Austin business since 1913 we value our customer relationships and appreciate the chance to bid on your scrap metal. We are submitting the following bid on the scrap (brass water meters)at your Water Treatment Plant located at 5200 N. IH 35: 1) Austin Metal and Iron will pay the City of Round Rock 90%of the published AMM Houston Yellow Brass Solids price (the higher of the 2 prices listed). AMM's published prices are updated daily and each load will be priced based on the same corresponding days AMM price. Per my walk through at your facility the material will be delivered on a City of Round Rock truck and all weights will be stamped by a certified scale at our facility. 2) Payment Terms: A check will be mailed at the end of each month for all loads received during that month. At the time of delivery a copy of the weights will be given to your driver for your records. 3) It is my understanding that you do not need any boxes supplied for this material but if anything changes the necessary boxes will be provided by Austin Metal and Iron. Please do not hesitate to call with any questions. B R rds, Ike Shapi o Austin Metal&Iron 5 t EXHIBIT "All Tll j: i ,f 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. AC NOWLEDGED ,j Vendor Authorize ignature 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. Prices effective Monday, March 19, 2012 AMM NONFERROUS SCRAP PRICES Estimated dealer buying prices,in OAb.deliverer)to yard.Montreal and Toronto prices are in Canadian currency. COPPER (rev.03r15112) Atlanta Boston Buffalo Chicago Cincinnati Cleveland Detroit Houston L.A. N.Y. Philp{ P'Iurgh S.F. St.Louis Montreal Toronto No.i hew copper and wire 315-325 324330 320-335 315-330 315-330 310-325 310-325 320335 330-340 315-330 310-325 324335 315-330 315-330 315-325 305-320 N0.2 HEADY COPRER AND WIRE 390 300-310 300-315 285 3011 290-305 285-300 295-310 305 32g 315-325 300-315 295305 295 310 295 310 300-315 295-305 295-31151 t, Licht copper 295-310 295-305 2943G5 291-305 280-295 285-300 280-295 295-310 305-315 :290-305 28.5-300 290-305 285-300 285-300 280290 280-290 RED BRASS SOLIDS 225-235 220-230 225-235 225-235 225-235 220-230 225-235 235-245 255-265 220-230 210-220 225-235 245-255 235-245 195-205 204210 Red brass turnings,borings 205-215 185-195 185-195 190-200 190-200 185-190 195-205 1195-205 200-210 195-205 200-210 190-2D0, 205-215 195-205 165-175 175-185 Cocks and faucets 165-175 170-180 170-180 165-175 174180 170-180 175-185 180-190 170-180 170-180 170-180 175-185 180-190 180-190 1841:0 Brass pipe 184190 480.190 180-190 185-195 190-.200 194200 195-20-5 ,.if�,70g� 2O0-215 1942DO 190-200 180-190 214220 190-200 180-190 YELLOW BRASS SOLIDS 195-205 180-190 189-190 185-195 190-200 185-195 185-195 r�15955--1120655 2115-215 199-209 195-295 105-195 210-220 195-205 185-195 185-195 Mixed yellow brass turnings,borings 144150 140150 1407150 145-155 150-160 150-160 150-160 150-160 140-150 144145 < 150-160 155-165 140-150 135-145 135-140 Yellow brass rod ends 194200 194200 190-200 180-190 1190-200 185-195 180-190 195-205 195-205 190-200 190-200 185-195 195-205 185-195 190-200 Yellow brass rod turnings 184190 170-180 175-185 170-180 185-190 175-185 175-185 185-195 190-200 185-195 185-195 180-190 190-200 180-190 185-195 70-30 brass clips 205-215 210-221 205- 215 200-210 205-215 200-210 215-225 205-215 225-230 205-215 210-220 205-215 210-220 210-220 185-195 AUTO RADIATORS(UNSWEATED) 200-210 195-205 195-295 190-209 200-219 185-195 190-200 199-200 210-229 190-200 209-210 190-200 205-215 205-215 165-175 170-180 High-made bronze gears 194200 205215 205-215 195205 195-205 195-205 190-200 194205 210-210 205-215 205-215 195-205 195-205 190-200 190-200 High-grade low,lead bronze 184190 _..: 194200 185-195 185195 195-205 194200 194200 185195 795205 784190 180-190 Riarrganese bronze solids 165-175 175-185 170-180 165-175 185-195 1 io-185 174180 170-180 175-185 170-180 170-180 175185 175185 175-185 180-190 175-185 Miscellaneous n c Vsihier'solids 174180 175-185 175.185 174180 165-175 180-190 165.175 185195 174180 184190 180-190 180-190 170-180 170-180 .180-190 Manganese bronze turnings 144150 135-145 140-150 145150 145-155 15'7-160 140-150 144150 135-145 135-145 135145 150-160 135145 140-150 125135 125-135 ALUMINUM (rev.O315/f2) Atlanta Boston Butfato Chicago Cincinnati Cleveland Detroit Houston L.A. N.Y. Philly P'burgh S.F. St.Louis Montreal Toronlo Segregated lora,copper clips 67-72 67-70 69-71 68-70 66-71 65-68 67-70 60-62 69-73 67-70 6739 67-70 70-71 67-72 62-64 52-64 Mixed lore copper clips 65-70 63-63 66-68 654 64-66 62.65 65-67 60-62 69-M 64-67 64-69 64-67 68-69 67-72 6462 60-62 Mixed clips 64-66 61-62 65-67 62-66 63-66 62-64 62-67 63-62 67-71 61-64 61-66 64-67 67-68 65-70 59-61 59-6i Aluminum borings,turnings,clean 42-47 40-43 42-47 44-49 43-48 42-47 46-61 42-47 45-50 42-47 42-47 4429 42-44 45-50 4444 40-44 and dry Old aluminum,sheet and cast 60-65. 57-58 6461 59-64 61-66 59-62 5964 58-61 64-66 61-E4 60-63. 62-67 61-63 62-07 "5452 5537 Used bevzraae cans,clean and dry 65-68 56-58 58-59 62-67 62-67 @J-62 57-62 64-67 67-69 65-67 66-69 62-67 62-65 65-70 50-52 50-52 Industrial castings 5462 57-68 55-56 -60-65 59-64 62-67 56-59 57-60 58-63 50-52 50-52 63Saluminumsolids 73-75 74-75 73-74 72-77 71-76 72-77 7475 70-75 71-76 7472 70-72 15S aluminum clips 63-66 59-61 62-64 63-68 6465 67.72 5739 75-78 _:: 62-65 72-75 65-70 50.52 5032 75S borings,turnings,as is 47-50 _.... 51 62 47-52 5237 45-50 52-57 4730 43-46 _... 42-44 42-44 Alumpnurrutensils 61-66 60-61 5035 _ 5560 57 62 57-59 5659 50-52 50-52 Painted aluminum siding 59-64 57-61 64-65 61-66 62-9 62-67 55-57 63-65 58-62 61-63 62-67 55-57 5557 r (a)Appraisal price LEAD (rev.01.115112) Atlanta Boston Buffalo Chicago Cincinnati Cleveland Detroit Houston L.A. N.Y. Philly P'burgh S.F. St.Louis Montreal Toronto HEAVY SOFT LEAD 43-48 49-52 49-54 49-54 ...... 49-54 45-50 46-51 NA 49-54 49-54 44-49 48-52 52-57 54-59 Mixed hard lead 43-46 4931 46-48 49-53 4630 46-50 NA - 44-48 4832 49-50 Undrained,whole old batteries 26-28 -.... ...... 27-32 NA 27-29 26-28 25-29 24-28 WHEEL WEIGHTS 38-42 39-41 41-45 34-38 ...... 39-43 36-49 36-40 NA 37-41 42-45 3620 33-37 42-46 ZINC (rev.03115112) Atlanta Boston Buffalo Chicago Cincinnati Cleveland Detroit Houston L.A. N.Y. Philly P'burgh S.F. St.Louis Montreal Toronto Ne,.,,,zinc die cast 34-39 31-33 34-39 36-41 NA 36.:1 34-38 3772 34-39 36-41 36-41 31-36 OLD LNC DIE CAST 29-34 31-33 34-39 30-35 ...... NA 30-35 34-36 37-42 34-39 ...... 36-41 34-39 2631 31-36 Old zinc scrap 29.34 31-33 31-39 30.35 FLA 30-35 34-36 34-39 34-39 34-39 34-39 2631 NEW ZINC CLIPPINGS, 71-76 73-76 ..... 72-77 NA 72-77 74-78 74-79 ...... ...... 74-79 71-76 ...... ...... ENGRAVERS'ZINC AND LITHO SHEETS zinc die cast automotive grilles 33-38 29-34 36-41 NA 36-41 34-36 ...... ..... 36-41 31-39 NICKEL (rev.0311212) Atlanta Boston Buffalo Chicago Cincinnati Cleveland Detroit Houston L.A- N.Y. Philly P'hrrgh S.F. St.Louis Montreal Toronto New nickel clips and solids 764770 TW-760 750-760 760-770 76D-770 760-770 760-770 760-7770 750-760 760.770 76.4770 764770 754760 750-760 750-760 750-760 Nickel turnings- - 694700 650390 680-690. 6�J-700 690-700 60-0-700 690-700 690-700 _.... ..viii - 694700 ..__ _...- 680-690 Ne"vmckzl-copperalloy 505515 495-505 495305 505-515 505315 5055,515 505-515 505315 495-505 505315 505315 505315 495-505 495505 (e.g..MonefD)clips and solids NOwlcopperalloy 485-495 475485 475255 485295 4854195 485-495 485295 485-795 475285 485-495 485495 485-095 475-485 (eq.,Monefs)turnings and shavings Nickelcopperalloy 540350 530-540 530-540 540-550 540350 540-550 544550 544550 530-540 ....-. 540350 550-560 ...-.. 530-540 -.-.-. ..-_. (e.g.,Monefa)castings Nidkelchrome-iron all6i (e.g- 55D-560 540350 540350 554560 550360 550-560 550.560 554560 544550 550360 554560 550-560 5AD-550 540-550 540350 570-557 Inoonela)solids Monet=and Inconetl are registered trademarks of Huntington Alloys Corp. SCRAP METALS Estimated buying prices SMELTERS'LEAD SCRAP Old sheet 73-00=75.00 Scrap Price Changes Today (carload lots,delivered buyers'works) Burring prices heavy soft lead{cat),including Old cast 76.00-78.00 Nonferrous scrap price changes Were In cents per pound except as otherwise noted- delivery to smelter Turnings.clean and dr? 73.00-75.00 made for these cities: BRASS MILL SCRAP (rev-03:'07112) Aluminum-copper radiators 170.04175.07 No.1 copper 382.00' Scrap lead $73.00-$75.00 Nonferrous auto shred(90 alum)' 86.00-88.07 None REFINERS'COPPER SCRAP Remelt lead $83.00-$85.00 'Unmixed full truckload,"twitch'grade Whole batteries S40.00-$42-00 DOMESTIC ALUMINUM PRODUCERS Na 1 copper 367.00' Cable lead $78.04$80.00 No.2 copper 347.00' SMELTERS'ZINC SCRAP guying prices for processed used aluminum cans in carload lots,f-o.b-shipping point Light capper 339-00' (rev.03107112) (rev.031119112) Price review for ferrous and BRASS INGOT MAKERS'SCRAP flew zinc clippings 67.00-72.00 Used beverage can scrap '5,9-00-61.00 nonferrous scrarl markets (5,r.3;79;2012) Old zinc(clean) 47.0452.00 MILLS.SPECIALTY CONSUMERS'BUYING PRICES p Copper Die cast slab 59.0464.00 AMM is reviewing ferrous and non- No.t bare bright 383.00386.07' Galvanizers'dross 71-0472.00 (rev.3!1g_/2712) g SECONDARY SMELTERS' *Ma!edlowcopperallp?d'rs ferrous scrap prices for all the mar- No.1 371,00-373.09* ALUMINUM SCRAP 5052 100.00-101.00 kets it lists to ensure they are in line Na 2 9 00352.07_ Buying prices delivered to the smatter in full truckloads 3105 91.00-92.00 with the market.If you would like to Light copper 342-04345.09' containing several grades {; No.i comp.solids2 1.04214.00 (rev,3111912012) Mixed low copper alloy clips 85.00$7-W provide feedback, please write to (rev'O3lD8112) Mixed low copper clips 78.00-80-00 Painted siding 81.00-83.00 editor@amm.coin. Comp.,borings,turnings 261.04265.00 Mixed high copper clips 77.6479.00 is (rev OY08.112) 9 Nominal for spot sa. If changes are warranted,the date of the Mixed high zinc dips 720473.00 Radiators(rev.03.115112) 229-04232.00 1.77-3 sous 81.00.82.00 changes and the amount of the possible Yallovi brass solids(red.03,98/12) 225.00-230.00 Siding,painted 74-0476.00 Pries are subject to the disclaimer appearing on the adjustments will be announced. Turnings(ref.03103112) 200.04205-00 Mixed clips 760477-00 AMM Market Guide'page- Wvw✓.amm.com AMERICAN METAL MARKET March 20,2012 11 It is a violation of Miihrf copyright to photccepy"6shioute this prrjiJuct. t 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: 11 RESPONDENT'S NAME: Ike �Sh�tA��o S.h 4//J T .VATE: :ZU 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: C ITc,I p �u S T-I u-5t1n/ �'yc Ir Name of Contact: -3-0 ky W I--e Title of Contact: Z E-Mail Address: 3o 14 • W i-E 6ue_rqQ ,6x4 Present Address: City, State, Zip Code: v (� Telephone Number: ( ) _ Fax Number: 2. Company's Name: AU ST i r �f/4-S7c �A Name of Contact: Title of Contact: E-Mail Address: Present Address: City, State,Zip Code: 5U j Telephone Number: ( ) �j Fax Number: ( + 3. Company's Name: Name of Contact: Title of Contact: f 412 E-Mail Address: Present Address: City, State,Zip Code: Telephone Number: ( ) Fax Number: ((5 ) (,Q - FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD. 11 of 11 t SOLICITATION NUMBER 12-021 SPECIFICATION NUMBER 11-998-15 •11-998-47.11-998-68 •11-998-75.11-998-85 DATED:FEBRUARY 2012 is CITY OF ROUND ROCK REQUEST FOR PROPOSAL RECYCLABLES COLLECTION AND PURCHASE PART GENERAL 1. PURPOSE: The City of Round Rock, herein after"City", seeks to contract with a qualified Individual, Firm, or Corporation, hereafter referred to as"Respondent", all goods and services necessary for the collection and purchase of recyclable materials from various locations throughout the City. Services shall include the purchase, collection, transportation and recycling of City's recyclable material. Materials shall include, but are not limited to, Cardboard, Plastics, Paper,Aluminum, Glass, Tin, Steel, Lead/Acid Batteries, Tires, Brass and Copper. City's intent is to sell said materials to the highest qualified bidder or, if required, obtain the best low price for the removal of these items. 2. DEFINITIONS,TERMS AND CONDITIONS: By submitting a response to this solicitation,the Respondent agrees that the City's standard Definitions,Terms and Conditions, in effect at the time of release of the solicitation, shall govern unless specifically provided otherwise in a separate agreement or on the face of a purchase order. Said Definitions,Terms and Conditions are subject to change without notice. It is the sole responsibility of respondents to stay apprised of changes. The City's Definitions, Terms and Conditions can be obtained from the City's website http:/fwww.rou nd rocktexas.gov/home/index.asp?page=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?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 j bag g ett(a)ro a n d-roc kAx.u s 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 f 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 i 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; t 7.2. Reputation of Respondent and of Respondent's goods and services; y 7.3. Quality of the Respondent's goods and services; 7.4. The extent to which the goods and services meet the City's needs; 7.5. Respondent's past relationship with the City; 7.6. The total long-term cost to the City to acquire the Respondent's goods or services; 7.7. Any relevant criteria specifically listed in the solicitation. 7.8. The City reserves the right to reject any or all responses, or delete any portion of the response, or to accept any response deemed most advantageous, or to waive any irregularities or informalities in the response received that best serves the interest and at the sole discretion of the City. 8. AGREEMENT TERM: The terms of the awarded agreement shall be as follows: 8.1. The initial term of the resulting agreement shall be three (3)consecutive twelve(12) month periods from the effective date. The agreement may be renewed for two(2)additional periods of time, not to exceed twelve (12) months each, provided both parties agree in writing. a 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. t 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 K 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 z° 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 E SOLICITATION NUMBER 12-021 SPECIFICATION NUMBER 11-998-15 •11-998-47.11-998-68 •11-998-75.11-998-85 DATED:FEBRUARY 2012 p s 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". a C = [ ( B-A ) - A] x100 % 9.1.2. The allowable percent change shall be rounded to the nearest one-hundredth of one percent and shall be the maximum unit price adjustment permitted, except that the vendor may offer price decreases in excess of the allowable percent change. 9.2. PROCEDURE TO REQUEST INCREASE OR OFFER DECREASE. 9.2.1. Mail the price increase request to the designated City Contract Specialist a minimum of 120 days prior to each renewal period. Vendor shall supply supporting documentation as justification for each request. City of Round Rock Purchasing Department ATTN: Contract Specialist 221 E. Main Street Round Rock,Texas 78664-5299 9.2.2. Upon receipt of the request, the City reserves the right to either: accept the escalation as supported by the appropriate price index and make change to the purchase order within 30 days of the request, negotiate with the vendor or cancel the agreement or purchase order if an agreement cannot be reached on the value of the increase. 10. AWARD: The City reserves the right to enter into an agreement or a purchase order with a single award,split awards, non-award, or use any combination that best serves the interest and at the sole discretion of the City. Award announcement will be made upon City Council approval of staff recommendation and executed agreement. Award announcement will appear on the City's website at http://www.round rocktexas.gov/home/i ndex.asp?page=463. 11. ACCEPTANCE:Acceptance inspection should not take more than five (5)working days. The vendor will be notified within this time frame if the services rendered are not in full compliance with the specifications. If any agreement or purchase order is canceled for non-acceptance, the needed good may be purchased elsewhere and the vendor may be charged full increase, if any, in cost and handling. 12. PROMPT PAYMENT POLICY: Payments will be made in accordance with the Texas Prompt Payment Law, Texas Government Code, Subtitle F, Chapter 2251. The City will pay Vendor within thirty days after the acceptance of the supplies, materials, equipment, or the day on which the performance of services was completed or the day, on which the City receives a correct invoice for the supplies, materials, equipment or services, whichever is later. The Vendor may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in accordance with this prompt payment policy; however, this policy does not apply to payments made by the City in the event: 12.1. There is a bona fide dispute between the City and Vendor concerning the supplies, materials, services or equipment delivered or the services performed that causes the payment to be late; or i 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 f payment to be late; or k 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. x 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 I 3of11 's e SOLICITATION NUMBER $ 12-021 SPECIFICATION NUMBER 11-998-15 •11-998-47.11-998-68 •11-998-75.11-998-85 k DATED:FEBRUARY 2012 the governing body of the City does not appropriate funds sufficient to purchase the estimated yearly quantities, as determined by the City's budget for the fiscal year in question. The City may affect such termination by giving Vendor a written notice of termination at the end of its then current fiscal year. 14. INTERLOCAL COOPERATIVE CONTRACTING (PIGGYBACK): Other governmental entities may be extended the opportunity to purchase off of the City's Agreements,with the consent and agreement of the awarded vendor(s)and the City. Such consent and agreement shall be conclusively inferred from lack of exception to this clause in a Respondent's submittal. However,all parties indicate their understanding and hereby expressly agree that the City is not an agent of, partner to, or representative of those outside agencies or entities and that the City is not obligated or liable for any action or debts that may arise out of such independently-negotiated"piggyback"procurements. PART 11 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 i 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 R 1.3. Deadline for questions March 2, 2012 1.4. City responses to all questions or addendums March 7, 2012 j 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 f'+ webpage, http://www.roundrocktexas.gov/home/index.asp?page=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. i f" 4of11 t x SOLICITATION NUMBER 12-021 SPECIFICATION NUMBER 11-998-15 •11-998-47.11-998-68 •11-998-75.11-998-85 DATED:FEBRUARY 2012 E t 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, r Paragraph 1, sub-paragraph 1.2. s 2.1. The City considers this pre-solicitation meeting mandatory. The City reserves the right to determine a g 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. r 2.2. Respondents are required to provide their own transportation for the meeting and site inspections. r 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. 4` 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: City of Round Rock Purchasing Department 221 E. Main Street Round Rock,Texas 78664-5299 3.1. Responses received after this time and date shall not be considered. 3.2. Sealed responses shall be clearly marked on the outside of packaging with the Solicitation title, number, due date and "DO NOT OPEN". 3.3. Facsimile or electronically transmitted responses are not acceptable. 3.4. Late responses will be returned to Respondent unopened if a return address is provided. 4. 'IMPORTANT***SOLICITATION UPDATES AND NOTIFICATIONS: Respondents are responsible for monitoring the City's website http://www.roundrocktexas.gov/home/index.asr)?page=462 for updates and other notifications pertaining to this solicitation. Updates and notifications may include addendums, cancellations or other information pertinent to submitting a correct and accurate response. The City assumes no responsibility for said communication beyond updating the website as noted. 5. AGREEMENT NEGOTIATIONS: In establishing an agreement as a result of the solicitation process,the City may: 5.1. Review all submittals and determine which Respondents are reasonably qualified for award of the agreement. 5.2. Determine the Respondent whose submittal is most advantageous to the City considering the evaluation criteria. 5.3. Attempt to negotiate with the most responsive Respondent an agreement at fair and reasonable terms, conditions and cost. ' 5.4. If negotiations are successful, enter into an agreement or issue a purchase order. 5.5. If not successful, formally end negotiations with that Respondent. The City may: i 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. 50f 11 z t SOLICITATION NUMBER 12-021 SPECIFICATION NUMBER 11-998-15 •11-998-47.11-998-68 •11-998-75.11-998-85 DATED:FEBRUARY 2012 s 6.3. Identify specific milestones, goals and strategies to meet objectives. PART III SPECIFICATIONS 1. SCOPE OF WORK: Services proposed shall include the purchase, collection,transportation and recycling of the City's recyclable material as specified herein. Materials shall include, but are not limited to, Cardboard, Plastics, ' Paper,Aluminum, Glass, Tin, Steel, Lead/Acid Batteries, Tires, Brass and Copper. The City's intent is to sell said materials for the highest possible price or, if required, obtain the best low price for the removal of these items. 2. PRICING: Pricing indicated in the proposal shall be all inclusive of all labor, equipment,testing, freight, fees and fuel necessary to perform the service specified herein. No fuel surcharge shall be permitted. 3. CURRENT MATERIAL AND CONTAINERS: Proposed containers shall be provided at the Respondent's expense and shall meet the minimum material volume requirements detailed herein. Proposed container sizes and configuration for each site shall optimize traffic flow and allow for the least frequent pick-up schedule as is practical. The following container and bale sizes are CURRENTLY in use by the City and are approximate: Deepwood Recycling Center 3.1. Corrugated Cardboard: Bale Size 60x3Ox46 Inches z' 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 f 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 f 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 t s 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 refrigerators,freezers and air conditioning units) Two(2) 30 Yard Open Top Roll Off 3.7. Lead/Acid Batteries: Pallets i r Waterline Maintenance Facility 3.8. Steel: None—on ground, but container is E; desired 3.9. Copper: One(1)4'x4'Box Capacity 2,000 lbs k h Vehicle Maintenance Facility 3.10.Tires: None—on ground, but container is { desired Water Treatment Plant 3.11.Brass: One(1)4'x4'Box Capacity 2,000 lbs. 4. ORDER QUANTITY: The quantities shown within the solicitation are estimates only of the City's current material volume. No guarantee of any minimum or maximum volume is made or implied. The City shall only utilize the services needed to satisfy operating requirements within budgetary constraints,which may be more or less than indicated. Current estimated annual material volume and pick-ups per year are as follows: Estimated Annual Current Material Description Pick-Ups r Quantity Per Year Corrugated Cardboard 100 Tons 8 Baled Plastics Option #1 18 Tons 8 Baled Plastics Option #2 18 Tons 8 4 Paper 195 Tons 52 E t 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 t Copper 1 Ton 2 t' s'? 7of11 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 ' E t 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: f` 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 t solution for battery or tin line items): i. http://www.epa.gov/oem/content/lawsregs/hmtaover.htm#provisions t 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. t http://www.txdps.state.tx.us/driverlicense/hme.htm 6.2. Coordinating with the City's representatives to establish pickup schedules and discuss any specific details pertaining to pick-ups. 6.3. Collecting all items completely with each visit. 6.4. Providing City's representatives with itemized Manifest Tickets at the time of pick-up indicating quantities of items collected from the site. 6.4.1. City representatives for each site shall be identified at the Post Award Meeting. 6. DAMAGE: The successful Respondent shall be responsible for damage to the City's equipment, property and environment,the workplace and its contents by its work, negligence in work, its personnel and equipment. 7. INVOICING AND PAYMENTS: Unless otherwise specified in the Agreement, all invoices, payments and a copy of the coordinating Manifest Ticket shall be furnished to the City as separate documents. 7.1 Contractor shall submit one original and one copy of each to the following address: k E City of Round Rock ATTN: Contract Management 221 E. Main Street k Round Rock,Texas 78664 f` 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. z 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 f 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 4 f 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 t 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. r 7.1. Title Page(1 page)—Show the solicitation title and number, the name of your firm, address, telephone i number(s) name of contact person and date. TAB#1 7.2• Letter of Transmittal (1 page)—Identify the services for which solicitation has been prepared. 7.2.1. Briefly state your firms understanding for the services to be performed and make a positive commitment to provide the services as specified. 7.2.2. Provide the name(s) of the person(s)authorized to make representations for your firm, their titles, address, telephone numbers and e-mail address. 7.2.3. The letter of each solicitation shall be signed in permanent ink by a corporate officer or other individual who has the authority to bind the firm. The name and title of the individuals(s) signing the solicitation shall be clearly shown immediately below the signature. TAB#2 7.3. Table of Contents(1 page)—Clearly identify the materials by Tab and Page Number. TAB#3 7.4. Previous Performance/Experience—Provide detailed information on firm with providing services as described in the Scope of Work. 7.4.1. Provide the name, address, telephone number and e-mail of at least three(3) entities applicable to Municipal and/or Government projects that have utilized similar service for at least(two)2 years. Include a brief overview of each project with, at a minimum, a short description of the services provided, including costs and methodology used for projects. 7.4.2. Attachment A: Reference Sheet. TAB#4 7.5. Available Resources and Consultant Location—Provide information on location, size, resources and business y history of the firm to include date founded. r 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. i 7.8. Purchase Price and Cost Proposal-7 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. fi 5 i S 9 of 11 4- SOLICITATION NUMBER 12-021 SPECIFICATION NUMBER 11-998-15 •11-998-47.11-998-68 •11-998-75.11-998-85 DATED:JANUARY 2012 SOLICITATION INSTRUCTIONS ITEMS BELOW APPLY TO AND BECOME A PART OF TERMS AND CONDITIONS OF SOLICITATION ANY EXCEPTIONS THERETO MUST BE IN WRITING 1. SOLICITATION REQUIREMENTS: 1.1 Responding requires pricing per unit shown and extensions. If trade discount is shown on solicitation, it should be deducted and net line extensions shown. Respondents guarantees product offered will meet or exceed specifications identified in this Request for Proposal(RFP). 1.2 Responses shall be submitted in accordance with the solicitation. Each response shall be placed in a separate envelope completely and properly identified. Responses must be in the Purchasing Department before the hour and date specified on the solicitation. {' 1.3 Late responses properly identified will be returned to respondent unopened. Late responses will not be considered. 1.4 Respond F.O.B.destination,freight,prepaid,&allowed unless otherwise specified on the solicitation. If otherwise,show exact cost to deliver. 1.5 Response shall show unit price on quantity and unit of measure specified,extension and show total. In case of errors in extension,unit prices shall govem. Responses s subject to unlimited price increase will not be considered. 1.6 Submitted prices shall be firm for acceptance 30 days from solicitation opening date. "Discount from List'responses are not acceptance unless requested. Cash { discount will not be considered in determining the low response. All cash discounts offered will be taken if earned. 1.7 Responses shall give Tax Identification Number,full name and address of respondent Failure to sign will disqualify response. Person signing response shall show title 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 Enfity shall be one(1)of the following:Individual,Partnership,Sole Proprietorship,Estate/Trust,Corporation,Governmental.Non-profit,all others shall be specified. INDIVIDUAL:List k 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). 1.6 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. z 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 class condition,including containers suitable for shipment and storage, unless otherwise indicated in the solicitation. Verbal agreements to the contrary will not be recognized. 2.3 Samples,when requested, must be furnished free of expense to the City. If not destroyed in examination,they will be returned to the respondent, on request,at respondent expense. Each example should be marked with respondents'name and address,City solicitation number and code. Do not enclose in or attach to response. 2.4 The City will not be bound by any oral statement or representation contrary to the written specifications of the solicitation. 2.5 Manufacturer's standard warranty shall apply unless otherwise stated in the solicitation. 3. TIE RESPONSES: In case of 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 if reasons appear valid. Vendor shall keep the City advised at all times of status of order. Default in promised delivery(without acceptable reasons)or failure to meet specifications,authorizes the City to purchase supplies elsewhere and charge full increase,if any,in cost and handling to defaulting Vendor. 4.3 No substitutions or cancellations permitted without written approval of the City. 4.4 Delivery shall be made during normal working hours only, unless prior approval for late delivery has been obtained from the City,unless otherwise specified in the solicitation. 5. INSPECTION AND TESTS: All goods will be subject to inspection and test by the City to the extent practicable at all times and places. Authorized City personnel shall have access to any supplier's place of business for the purpose of inspecting merchandise. Tests may be performed on samples submitted with the response or on samples taken from regular shipments. If the products tested fail to meet or exceed all conditions and requirements of the specifications,the cost of the sample used and the cost of the testing shall be borne by the supplier. Goods,which have been delivered and rejected in whole or in part,may,at the City's option,be returned to the Vendor or held for (, disposition at 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. t 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, 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 at.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 fortes 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 SOLICITATION NUMBER 12-021 ` SPECIFICATION NUMBER 11-998-15 •11-998-47.11-998-68 •11-998-75.11-998-85 f DATED:JANUARY 2012 ATTACHMENT A x 3 REFERENCE SHEET PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE SOLICITATION NUMBER: ' RESPONDENT'S NAME: DATE: ` Provide the name, address, telephone number and point of contact of at least three (3)firms applicable to Municipal and/or Government projects that have utilized similar service for at least two (2)years. City of Round Rock references are not applicable. References may be checked prior to award. Any negative responses received may result in disqualification of solicitation. 1. Company's Name: Name of Contact: Title of Contact: E-Mail Address: Present Address: City, State, Zip Code: } Telephone Number: ( ) Fax Number: ( ) 2. Company's Name: Name of Contact: Title of Contact: E-Mail Address: Present Address: City, State, Zip Code: Telephone Number: ( ) Fax Number: ( ) E 3. Company's Name: s 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 c°om"Knercip! Co?m aaiyRc! it ala €;?i F fCid !iR —_ BILLING/REBATE PAYNIFIvT L:qP0?-;Ti'1.4 T rd1�' _. .. _ _ _ u.l\s�7.rl i.LlrI7"'.,�itn / F,L C�i:N! s GLStomEr NemE Se[YICC Loca[IJn Name —. '; � Tax Id M Customer Bitting address J rvice irDc3?ibll Physica!Address Alttenntii0n-(fiUe otRemitmncelC.#ut Person or Sponsor c'—P) COUNTY 70-1; $VCM \..; \1\�`r.`�•� \ Street ry,state,Zi ` • L p City,State.Zip Name Customer Contact Person Service Location Contact Person A'tane t\L.i r�'' Tel. ax p Z TCLr 1 F Lai Elllaii�.t)Urvas Email Address J CONTAINER SIZE PICKUP Container Into SCHEDI LE Container Sen•ire Commencement n Contract Signature/Stnrt Dere C"oatrnM Ends Date Biu Placement Date) Qaaan:y/ Typ, C-1 ow„<a a<al<a y r fnL i7in & CONItODITl'CODE t`;D7fATOR REGION, INDICATOR p Desks!dc Sins f P OF SLIAlr SLSnMIM LIU TS N3C:!4rLII1t- I 3!}IS TYPE -Or CARTS . N �"FALVNGS Sw HIGH S1IDLv\EDSI•EP. \ilii. 1lI.-t'.INDI(':1TOR FLObRS CJAa;25e,7re5eIICa tive?�iRilie 3atd'SiCtlreSeilta Ci`IP.d TD\R£DA'1-E 1\USC:aTOR ie LESSS Karen Goldman 7$801353 (ter r n Fad Surchrpr Y� Haul Costs(Circle 1) Special Instruction: Hmeam! PM 1?-lekuporMonth Erin Month 7 f t ��- !�. �!� 6 Vi STy �Cc• 5 '—lriJl Aaaoal CRI Y/N zzz FOR OFFICE VaWUNLY ENrMD AT CENTER BV(Name) J t