table of contents - houstonpurchasing.houstontx.gov/bids/t25967/single stream recycling rfp.… ·...

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TABLE OF CONTENTS

PART I – GENERAL INFORMATION... ....................................................................................................... 4

1.0 General Information... ............................................................................................................................. 4 2.0 Background ............................................................................................................................................. 4 3.0 Objectives ............................................................................................................................................... 6 4.0 Solicitation Schedule ............................................................................................................................... 6

PART II – SCOPE OF WORK / TECHNICAL SPECIFICATIONS .. ............................................................. 7

1.0 Definitions ............................................................................................................................................... 7 2.0 Introduction ............................................................................................................................................. 9 3.0 General Scope of Work/Technical Specifications (3.0 – 24.0) ............................................................. 10

PART III – PROPOSAL MINIMUM CONTENT REQUIREMENTS ..................................................................... 17

PART IV – INSTRUCTIONS FOR SUBMITTING PROPOSAL .................................................................. 23

1.0 Instructions for Submission ................................................................................................................... 23

PART V – EVALUATION AND SELECTION PROCESS ........................................................................... 24 1.0 Evaluation/Selection Process and Best and Final Offer (1.0 – 4.0) ... .................................................. 24

PART VI – EVALUATION CRITERIA ...................................................................................................................... 25

1.0. Evaluation Criteria with Allowable Points Breakdown (1.0 – 11.0)... .................................................... 25

PART VII – SPECIAL CONDITIONS ........................................................................................................................ 27

1.0 No Contact Period... ............................................................................................................................. 27 2.0 Equal Opportunity Employment ............................................................................................................ 28 3.0 Minority and Women Business Enterprises (M/WBE) .......................................................................... 28 4.0 Protests ................................................................................................................................................. 28

PART VIII – INSTRUCTIONS TO PROPOSERS ................................................................................................... 29

1.0 Pre-Proposal Conference... .................................................................................................................. 29 2.0 Additional Information and Specification Changes ............................................................................... 29 3.0 Letter(s) of Clarification ......................................................................................................................... 29 4.0 Examination of Documents and Requirements .................................................................................... 29 5.0 Exceptions to Terms and Conditions .................................................................................................... 30 6.0 Post-Proposal Discussions with Proposer(s) ........................................................................................ 30

PART IX – REQUIRED FORMS TO BE SUBMITTED WITH PROPOSAL ....................................................... 30

EXHIBIT I – OFFER AND SUBMITTAL, REFERENCES, PROPOSED SUBCONTRACTORS... ................. 32 EXHIBIT I-A – OFFER AND SUBMITTAL... ......................................................................................... 33

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EXHIBIT I-B – REFERENCES ............................................................................................................. 34 EXHIBIT I-C – LIST OF SUBCONTRACTOR(S)... ............................................................................... 35 EXHIBIT II – MINORITY/WOMEN BUSINESS ENTERPRISES CONTRACT REQUIREMENTS ................. 36 EXHIBIT II – ATTACHMENT “A” SCHEDULE OF M/WBE PARTICIPATION... ................................... 36 EXHIBIT II – ATTACHMENT “B”: OFFICE OF BUSINESS OPPORTUNITY AND CONTRACT COMPLIANCE M/WBE UTILIZATION REPORT... .......................................................... 38 EXHIBIT II – ATTACHMENT “C”: CERTIFIED M/WBE SUBCONTRACT TERMS .............................. 39 EXHIBIT II – ATTACHMENT “D”: OFFICE OF BUSINESS OPPORTUNITY AND CONTRACT COMPLIANCE M/WBE UTILIZATION REPORT... .......................................................... 40 EXHIBIT III – FAIR CAMPAIGN ORDINANCE ............................................................................................... 41 EXHIBIT III – FORM “A”: FAIR CAMPAIGN... ...................................................................................... 42 EXHIBIT IV – CONTRACTOR OWNERSHIP DISCLOSURE ORDINANCE ................................................. 44 EXHIBIT IV: AFFIDAVIT OF OWNERSHIP OR CONTROL... .............................................................. 45 EXHIBIT V – ANTI-COLLUSION STATEMENT ............................................................................................. 48 EXHIBIT VI – CONFLICT OF INTEREST QUESTIONNAIRE........................................................................ 49

EXHIBIT VII – PRICE (FEE AND REVENUE SCHEDULE) ........................................................................... 51

PART X – REQUIRED FORMS TO BE SUBMITTED BY AWARDED CONTRACTOR ONLY ..................... 30

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PART I – GENERAL INFORMATION 1.0 GENERAL 1.1 The City of Houston, Texas (City) request proposals from qualified persons, partnerships, or

corporations wanting to enter into an agreement with the City to provide all facilities, equipment, labor and required services to receive, process, use and/or market Recyclable Materials collected by City crews and delivered to a Material Recovery Facility (MRF) location(s).

2.0 BACKGROUND 2.1 The City of Houston is the fourth largest City in the United States comprising 23 departments with

multiple locations throughout the City. The City has approximately 23,000 employees with approximately 500 employees involved in the procurement and/or contracting process. Contracts where the City must pay in excess of $50,000 are routed to City Council for approval. The annual volume of contracts and purchase orders issued in the City in the last five years has ranged from 19,000 to 23,000.

2.2 The City’s Solid Waste Management Department (SWMD) began offering curbside recycling to

residents in 1991, utilizing a variety a variety of collection methods, including once weekly curbside collection to 46,000 homes of select sorted recyclables using 18-gallon bins. Over the years as funding has increased, the number of homes grew to 162,000 in 2006. In 2007, former Mayor Bill white appointed a Solid Waste Task Force, co-chaired by then Controller and now former Mayor Annise Parker which presented findings that strongly recommended the City pursue automated single stream collection of curbside recyclables as standard city service.

2.3 Acting on the recommendations of the Task Force Report, in the spring of 2009 the Solid Waste

Management Department (SWMD) launched a pilot program for Single Stream Recycling Collection with 10,000 homes. The formerly standard 18-gallon bins were replaced with 96-gallon rolling carts with a lid. The response from customers was overwhelmingly positive. Customers were uniformly pleased that they no longer had to manage multiple bins, worry about rain, wind, or animals. Seniors were notably pleased that the carts were more easily manageable and didn't require lifting and carrying to the curb. The program was rolled out over the next six (6) years, ending in March 2015 with all homes receiving City garbage collection, now also receiving City curbside recycling collection. Recyclable materials collected now by the City include: aluminum, bi-metal cans, mixed paper, cardboard, and plastics (#1 - #7; #6 is still excluded). Homes are serviced every two weeks using an automated side-loading truck with a single operator.

2.4 Recycling provides a responsible means for recovering valuable materials (paper, plastics and metals)

that can enter the waste stream by everyday life. Their recovery creates a second chance to capture and utilize the energy embodied in manufactured products. In many instances recycling also correlates to a reduced energy demand for the manufacture of new products. Recycling also prolongs the life span of landfills creating a cleaner and greener community.

2.5 In addition to the obvious environmental benefits, recycling has been shown to provide additional jobs

in the waste industry. This Request for Proposals seeks to support and grow the Houston economy. 2.6 The City’s SWMD operations are divided into four (4) quadrants; Northwest, Northeast, Southwest and

Southeast (Table 3). The City generates on average approximately 65,000 tons of recyclable materials from its curbside single stream recycling program annually. Tables 1 & 2 outlines in more detail the amount of recyclable material generated by quadrant and the composition profile.

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Table 1: Tonnage collection data by Quadrant

Collection Day Northwest Northeast Southeast Southwest Total

March 2015 1,476 1,343 1,288 1,333 5,440

April 2015 1,266 1,388 1,603 1,323 5,580

May 2015 1,333 1,190 1,198 1,353 5,075

June 2015 1,814 1,572 1,648 1,636 6,669

July 2015 1,578 1,302 1,363 1,366 5,608

August 2015 1,388 1,207 1,218 1,198 5,012

September 2015 1,380 1,257 1,362 1,103 5,102

October 2015 1,434 1,359 1,346 1,118 5,258

November 2015 1,513 1,534 1,127 977 5,151

Total 13,182 12,153 12,152 11,408 48,895

Annualized tons 16,203 17,576 16,203 15,210 65,193

Approximately 65,000 tons collected annually

Table 2: Material composition data

Commodity Material Composition % Apr-16 Jan-16 Jan-14 Mar-13

Old Corrugated Cardboard (OCC) 18.3% 16.8% 18.0% 17.5% Mixed paper 31.0% 28.0% 37.1% 39.3% Newspaper 0.0% 0.0% 0.0% 0.0% Aseptic packaging 0.1% 0.1% 0.0% 0.1% Metal steel cans 3.4% 3.4% 2.0% 1.9% Metals - aluminum 0.9% 0.8% 1.2% 1.4% Plastics - natural HDPE 1.0% 1.6% 1.5% 1.8% Plastics - colored HDPE 1.5% 1.8% 1.8% 1.2% Plastics - PET 4.1% 4.5% 3.8% 4.9% Plastics - comingled 0.1% 1.5% 0.8% 1.6% Glass - 3 mix* 13.1% 18.7% 15.5% 12.9% Trash 26.5% 22.8% 18.2% 17.6% Composite percentage 100.0% 100.0% 100.0% 100.0%

*Removed from single stream effective 7/23/16.

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Table 3: Location of City of Houston Solid Waste Management Service Centers

CITY OF HOUSTON – SERVICE CENTER LOCATIONS

NORTHWEST SERVICE CENTER 1245 Judiway Street Houston, TX 77018 Keymap Number 452N

SOUTHWEST SERVICE CENTER 11500 S. Post Oak Houston, TX 77035 Keymap Number 571C

NORTHEAST SERVICE CENTER 5614 Neches Street Houston, TX 77026 Keymap Number 454S

SOUTHEAST SERVICE CENTER 1506 Central Street Houston, TX 77012 Keymap Number 535G

3.0 OBJECTIVES 3.1 Through this RFP process, the City expects to accomplish the following objectives which will form

the basis of the City’s evaluation criteria: 3.1.1 Maximize City’s per ton revenues derived from the sale of the Recyclable Materials. 3.1.2 Minimize City’s operating and maintenance costs. 3.1.3 Maximize the diversion of clean, designated Recyclable Materials from the waste stream. 3.1.4 Form a long-term cooperative partnership with the successful Proposer(s) to maximize public

education, community outreach and other necessary activities to increase the capture and diversion of Recyclable Materials.

4.0 SOLICITATION SCHEDULE

Listed below are the important dates for this Request for Proposal (RFP). EVENT ___________ DATE _

Date of RFP Issued October 14, 2016 Pre-Proposal Conference October 25, 2016 Questions from Proposers Due to City October 27, 2016 Proposals Due from Proposers November 17, 2016 Notification of Intent to Award (Estimated) December 27, 2016 Council Agenda Date (Estimated) February 15, 2017 Contract Start Date (Estimated) February 22, 2017

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PART II – SCOPE OF WORK 1.0 DEFINITIONS 1.1. "Alternate Deposit Site" means a location other than the Contractor owned MRF where

Recyclable Materials may be delivered by the City for future transport at the Contractor's expense to the Contractor owned MRF.

1.2 "Aseptic Carton" means a package made for a food or beverage product that is made mainly

from Paper in the form of paperboard, as well as thin layers of polyethylene and/or aluminum. Shelf-stable cartons contain an average 74% paper, 22% polyethylene and 4% aluminum. Refrigerated cartons contain an average 80% paper and 20% polyethylene.

1.3. "City" means the City of Houston. 1.4. "Colored High Density Polyethylene (CHDPE)" means opaque plastic containers labeled with

the #2 code. 1.5. "Commingled" means mixed acceptable Recyclable Materials. 1.6. "Commodity Selling Price (CSP)" means the price per ton for which the sorted and processed

Recyclable Material is sold by the Contractor. The CSP shall be equal to the high side price for the southwest region based on the Official Board Market (OBM) for that given commodity. The CSP shall never be less than zero.

1.7. “Contractor(s)” shall mean the successful proposer(s) receiving award of any Contract

resulting from this RFP. 1.8. “Excessive or unreasonable delay” shall mean the time taken for a vehicle or equipment to

transit, from the time of entrance (check point) of the MRF and/or Alternate Deposit Site to the time of discharge of its contents, which exceeds by twenty (20) minutes or 40%, whichever is the lesser, of the average time taken to complete this exact route as stated by the Contractor.

1.9. “Floor Price (Floor)” shall be the proposed minimum price per ton for which the sorted and

processed Recyclable Material is sold by the Contractor. If the Floor is less than the CSP for a given month, then the CSP shall be the Floor.

1.10. "Glass" means all brown, green or clear jars, bottles, and containers used generally by

consumers and are made of materials including, but not limited to, silicon dioxide, boric oxide, aluminum oxide, or phosphorus pentoxide that are generally transparent or translucent, and may be either in their whole, as-manufactured state or broken.

1.11. "High-grade Paper" means white or cream-colored paper recovered from offices, homes,

schools, and other sources. It shall include used copy paper, stationery, and books, and is equivalent to specifications established by the Institute of Scrap Recycling Industries, Inc. (ISRI) for "sorted office paper" and "sorted white ledger.

1.12. "Low Density Polyethylene (LOPE)" means squeezable plastic bottles, with the #4 code. 1.13. Material Recovery Facility (MRF)" means an establishment where Recyclable Materials are

sorted and processed or prepared for bulk shipment to a manufacturer for use as a raw material.

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1.14. "Metal" means consumer containers made from aluminum, tin, steel, or any combination of them generally used for packaging food and/or beverage items. It shall include containers under pressure, such as aerosol cans, so long as the substance contained within the can is of a non-hazardous nature.

1.15. “Mixed paper” shall mean Paper that is not sorted into specific categories, including, but not limited to junk mail, magazines, paperboard boxes, Kraft paper bags and telephone books.

1.16. “Natural High Density Polyethylene (NHDPE)” shall mean translucent plastic containers

labeled with the #2 code. 1.17. "Newsprint (ONP)" means newspaper and advertising supplements and other similar Paper

grades. 1.18. "Net Purchase Price (NPP)" means the net value to the City based on the following formula:

NPP = (CSP - PF) x RS. The Net Purchase Price shall never be less than zero. 1.19. "Old Corrugated Containers (OCC)" means cardboard. 1.20. "Out throw" means materials that have a lower grade marketing value but still can be

marketed by a MRF or processor. 1.21. "Paper" means a thin material mainly used for writing upon, printing upon, drawing or for

packaging. It is produced by pressing together moist fibers, typically cellulose pulp derived from wood, rags or grasses, and drying them into flexible sheets. Paper is further segregated into various grades as defined by the Institute of Scrap Recycling Industries (ISRI) for sale on the commodity market. Grades or classifications are generally defined by the type of items.

1.22. "Plastics" means bottles, containers and packages made from various resins including PETE,

HOPE, PVC, LOPE, PP, PS and other plastics, codes #1 through #7 that are generally for consumer use, but shall not include film bags, items commonly manufactured for residential or commercial construction projects, nor automobile parts.

1.23. "Polyethylene Terephthalate (PETE)" means clear plastic containers labeled with the #1 code. 1.24. "Polypropylene (PP)" means packaging, film and containers with the #5 code. 1.25. "Polystyrene (PS)" means clear, hard and brittle plastics with the #6 code. 1.26. "Polyvinyl Chloride (PVC)" means vinyl products with the #3 code. 1.27. "Processing Fee (PF) shall mean the per ton cost to process and sort the Recyclable

Materials delivered to the MRF by the City. 1.28. "Quarterly Market Report" means the report submit quarterly by the Contractor that

documents end users to which the Contractor has sold the City's Recyclable Materials. This report should also contain information on how the City's Recyclable Materials are used and the geographic location of the market.

1.29. "Recycling" means a process by which materials are collected, sorted, processed, or prepared

into marketable commodities for manufacturing into new products. 1.30. "Residuals" means items contaminating Recyclable Material that cannot be recycled and must

be disposed of in a landfill.

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1.31. "Revenue Share (RS)" means the percentage of the CSP less the PF given to the City for each ton of processed Recyclable Material sold by the Contractor.

1.32. "Single Stream Recycling Collections" means municipal curbside collection of Recyclable

Materials, where materials are collected and combined together/commingled for transportation to the recycling Contractor.

1.33. "Tare" means the unladen weight or empty weight of the motor vehicle without fuel, cargo,

passengers, or equipment. 1.34. "Ton" means 2,000 pounds unless clearly stated otherwise. 2.0 INTRODUCTION

2.1 The City of Houston, Texas (City) hereby requests proposals from qualified persons,

partnerships, or corporations wanting to enter into an agreement with the City to provide all facilities, equipment, labor and services required to receive, process, use and/or market Recyclable Materials collected by City crews and delivered to a Material Recovery Facility (MRF) location(s). This Request for Proposals (RFP) specifically excludes collection services and may be awarded to one or more Proposers. Each Proposer must submit a baseline proposal to include only the items listed in this RFP, and show the best available Revenue Share, Processing Fee and Commodity Selling Price that can be provided to the City.

2.2 Options available for companies to propose on either (or both) delivery methods outlined below: 2.2.1 Single Stream Recycling Processing Services Contract: This option allows the

Proposers with an existing MRF to propose to process and market Recyclable Materials collected through the curbside single-stream recycling program at a facility on private land that meets RFP requirements for one or more or all quadrants of the City. The proposal may include and outline any proposed improvements to an existing MRF required to meet the objectives of this RFP. The Proposer shall include timelines for any work the Contractor will perform including, but not limited to any site work, construction and/or improvement(s) to processing equipment required to meet the objectives of this RFP.

2.2.2 Design, Build and Operate (DBO): This option allows Proposers to design, build and

operate a material recovery facility (MRF) that would be constructed on private land or land that may be made available to the Proposer by the City. On any land being proposed to site the MRF, the Contractor shall perform site work, construct the building(s), provide processing equipment and rolling stock, provide scale house and all other resources necessary to meet the requirements of the RFP. The City may make available up to fifteen (15) acres of land to Proposers for lease for a period of ten (10) years, with two (2) optional five (5) year renewals. The entire project, including MRF and all related infrastructure and operating resources, shall be financed by the Contractor. At the end of the Contract, the Contractor shall retain title to the processing equipment and rolling stock. The City will retain title to any land made available by the City as well as any other assets, including all building(s) and site improvements.

2.3 Interested proposers may submit proposals which include additional processing services not

identified in this RFP as a way to increase the amount of resources recovered for recycling or beneficial reuse from the City collected municipal solid waste stream. The additional processing services must guarantee that at a minimum 75% of the material processed is diverted from the landfill. Additional processing services may include mechanical and/or

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biological treatment technologies such as anaerobic digestion; composting and/or waste-to-liquid-fuel technologies; and must be economically feasible. Traditional waste-to-energy technologies shall not be included. Proposers may include supplemental proposals detailing options to design, build and operate a facility with additional processing services and must include the same criteria requested for proposals to design, build and operate single stream facilities. Proposers are encouraged to provide alternatives if they can improve the efficiency, save monies, and/or reduce the disposal of residuals. The City will place an emphasis on a Proposer who places a high priority on reliable, cost effective, and environmentally sound operations, and who has demonstrated measurable results and success through its on- going operations on other similar projects within the United States.

2.4 Contract options to include proposal(s) for one or more, or all of the four (4) quadrants

currently receiving City solid waste services for either or both of the Single Stream Recycling Services Contract or Design, Build and Operate (DBO) option.

3.0 GENERAL SCOPE OF WORK 3.1 Receive, sort, process, store, market, sell and transport (if necessary) Recyclable Materials

collected and delivered by the City. 3.2 Prepare comprehensive assessment of the Houston recycling market to provide

recommendations on additional recycling opportunities which include how to add new materials to the recycling stream. This assessment and presentation to the city should occur every twenty-four (24) months from the contract start date throughout the life of the contract and any extensions for a minimum of five (5) presentations..

3.3 Comply with all applicable Texas Commission on Environmental Quality (TCEQ), and other

state, local, and federal laws and regulations pertaining to the provision of services detailed in this RFP.

3.4 Ensure that the Recyclable Materials are processed in a manner that yields the highest

market potential and minimizes residual waste. 3.5 Identify all products, equipment and services that shall or will be provided by the Contractor. 3.6 Identify and explain the process for revenue sharing from the sale of the Recyclable Materials.

Please see Table 5: Floor Price, Processing, Marketing Fees, and Recyclable Revenue Share Minimum Recyclable Materials for Single Stream Collection under Pricing/Compensation schedule.

3.7 Provide needed and City-requested consultation regarding the marketing or promotion of the

recycling program to residents. This may require multiple strategies. 3.8 Partner with the City to promote the Single Stream Recycling Collection program and educate

program participants on what are acceptable and unacceptable materials. This may include, but is not limited to household mailings, emails, social media and presentations at community meetings throughout the City of Houston, as well as information provided with new recycling bins. The Contractor shall provide educational tours of the MRF to the public at the request of the City.

3.9 Transparency in all aspects of the recycling process is of high importance to the City. The

Contractors shall detail how they ensure that information is fully available to the City when requested or needed.

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4.0 AGREEMENT ADMINISTRATION 4.1 The City of Houston Solid Waste Management Department will be responsible for the

administration of this agreement. The Contractor shall report directly to the Director or the Director's designee on any and all issues regarding this agreement.

5.0 REPORTING REQUIREMENTS 5.1 The Contractor shall provide monthly reports including the following information:

5.1.1. Daily and monthly totals of Recyclable Materials received from the City at the MRF or Alternate Deposit Site or any other historical data related to this Agreement as requested by the Director or the Director’s designee.

5.1.2. Date, truck number, ticket number and net weight of all incoming material loads as

received from a recycling facility. 5.1.3. Daily and monthly totals of Recyclable Materials recycled by commodity type based on

percentage breakdown results from most recent quarterly waste characterization audit. The Contractor shall furnish such records in MS Excel format or any other easily convertible format to the Director or the Director’s designee.

5.1.4. Daily and monthly totals of tons of residuals disposed. 5.1.5. Proof of current market pricing for Recyclable Materials. 5.1.6. Revenue from the sale of Recyclable Materials by commodity by month. 5.1.7. Complaints, accidents, incidents or equipment processing downtime. 5.1.8. Quarterly Market Report.

5.2. Two (2) copies of the daily record deliveries of Recyclable Materials received at the MRF shall be furnished to the Solid Waste Management Department on or before the tenth day of the next succeeding month. This date may be changed, with the Director or the Director's designee approval, to meet successful Contractor's internal financial reporting calendar.

5.3 Complaints, accidents, incidents or equipment processing downtime for that month. If no

incidents have occurred in a month, then the report should state as such. 5.4 Quarterly Market Report. 5.5 Copy of the quarterly scale calibration certification. 6.0 SITE REQUIREMENTS & OPERATIONS 6.1 The City will deposit Recyclable Materials at the MRF, or an Alternate Deposit Site approved

by the Director or the Director's designee, closest to its scheduled collection area during its current Single Stream Collection Operations. It is anticipated that material will be deposited on each collection day. Collection days will be Monday - Friday. Weekend (Saturday/Sunday) deposits may be needed, depending of holidays, business needs or emergency operations. Contractor will be notified at least 24 hours in advance if weekend deposits are needed.

6.2 The Contractor may submit a plan including Alternate Deposit Sites for Recyclable Materials

where the City may deliver Recyclable Materials for future transport to the Contractor's MRF.

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Any costs associated with the use of Alternate Deposit Sites are the sole responsibility of the Contractor. The Contractor should provide evidence of how such a plan would provide a logistical benefit to the City by including mileage information from the City's four (4) Solid Waste Service Centers as identified in Table 3. The Contractor should describe how the City's Recyclable Materials will remain separate from other Recyclable Material that may be received prior to transport to the Contractor's MRF. The Contractor should indicate the quantity and type of equipment that will be used to transport the City's Recyclable Materials to the Contractor's MRF.

6.3. The Contractor shall provide a scale system at each site it operates. The Contractor shall also

provide a building i.e., trailer/scale office or appropriate facility at each site. The Contractor shall also market the processed Recyclable Material. At NO time shall Recyclable Materials be placed in a landfill or directly landfilled.

6.4. Although the City intends to exercise care to ensure that material not meeting the definition of

Recyclable Materials is not collected, it is possible that such material may be delivered to a MRF. Should such material be delivered in excess of the 25% residual agreement, the Contractor shall move it to a remote area of the MRF and promptly inform the City. The City shall have the opportunity to collect and remove the material at the City's expense.

6.5. The Contractor shall process all Recyclable Materials delivered by the City to the MRF and/or

Alternate Deposit Sites during the term of this agreement. 7.0 SCALE 7.1 The Contractor shall, at its own expense, make scales available at the MRF and any Alternate

Deposit Sites to weigh the Recyclables Materials. The Contractor shall maintain and calibrate scales at least quarterly shall permit designated City personnel to observe any such maintenance and calibration procedures.

7.2 The Contractor shall give the City notice three (3) business days prior to calibration. The City

reserves the right to inspect and test the scales at any time, to have a City representative present at the MRF during deliveries of City Recyclable Materials and to audit scale house records at any time. If the scales are not operating at the time of delivery, both the City and the Contractor shall use historical averages for the preceding three (3) years of tons of delivered and the City shall be paid on the basis of the average historical weights in tons of deliveries by appropriate or similar vehicles for the for the preceding three (3) years.

8.0 TRUCK UNLOADING 8.1 The Contractor shall operate the MRF and/or Alternate Deposit Site in accordance with all

applicable permits, standards, rules and regulations imposed by governmental agencies having jurisdiction. The Contractor shall use all reasonable efforts to control odors generated by the Recyclable Materials processing operation. The Contractor shall provide a written statement to the Director or the Director’s designee if there is an excessive or unreasonable delay from the time of entrance (check point) to the MRF and/or Alternate Deposit Site to the time of discharge. Excessive or unreasonable delay shall mean the time taken for a vehicle or equipment to transit, from the time of entrance (check point) of the MRF and/or Alternate Deposit Site to the time of discharge of its contents, which exceeds by twenty (20) minutes or 40%, whichever is lesser, of the average time taken to complete this same route as stated by the Contractor. The Contractor shall maintain a stabilized all weather tipping pad (with access thereto via all-weather roads) which can accommodate up to two trucks to unload at one time. The Contractor shall make space available on such pad for use of City vehicles.

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9.0 SAFETY REGULATIONS 9.1 Equipment and employees entering the MRF or Alternate Deposit Site shall comply with all

federal, state and local health and safety regulations, including reasonable work or safety rules which have been promulgated by the Contractor to govern operations at its facilities.

9.2 Equipment or employees found not to be in compliance may be denied entry to or removed

from the facilities, provided that the Contractor shall give written notice to the Director or the Director’s designee within 24 hours, of such denial or removal and the reasons thereof.

10.0 HOURS OF OPERATION 10.1 The Contractor shall operate the Designated MRF (and/or Alternate Deposit Site(s)

designated by the Contractor) during normal hours of business and any special days for holidays, for receipt of Recycle Materials delivered by the City. If the City must deliver the Recyclable Materials to an Alternate Deposit Site due to the Designated MRF being unavailable or closed for operation by the Contractor or to the MRF due to the Alternate Deposit Site being closed for operation by the Contractor, then the Contractor shall reimburse the City for any additional transportation cost incurred at the City's transportation rate per mile at the time the cost is incurred.

11.0 SITE INSPECTORS 11.1 The Director or the Director’s designee shall have the right to station one or more Site

Inspectors at the MRF and/or Alternate Deposit Site to observe the operations under this Agreement. The City agrees that its Site Inspectors shall comply with all Contractor safety requirements and policies required of visitors. The Contractor agrees to allow Site Inspectors access to those portions of the MRF/Alternate Deposit Site operations are carried out, to observe and record all equipment entering and exiting the structure, and to take any other actions necessary to accommodate the Site Inspectors. City Inspectors will sign in at the MRF/Alternate Deposit Site prior to making inspections. The Contractor shall inform the Site Inspector, in advance, of material changes in the operation plan in effect at the MRF/Alternate Deposit Site which relates to processing of Recyclable Materials, so that the Site Inspector can coordinate with City personnel or mangers that utilize the MRF/Alternate Deposit Site.

12.0 TITLE TO RECYCLABLE MATERIALS

12.1 Title to and all risks and responsibilities of ownership of the Recyclable Materials pursuant to the terms of any contract with the City shall be transferred to and vested in Contractor at the time the Recyclable Materials are fully unloaded at the designated working area of the MRF or Alternate Deposit Site.

13.0 ALTERNATIVE MATERIALS RECOVERY FACILITY PLAN 13.1 If the selected Proposer's proposed materials recovery facility is unable to accept, process,

and market any or all recyclable materials as set forth in the contract, the selected Proposer shall be responsible for:

13.1.1 Procuring an alternative materials recovery facility for accepting, processing and marketing such recyclable materials.

13.1.2 Any and all increases in costs associated with accepting, processing, and

marketing such program recyclable materials at the new location, including but not

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limited to higher operational costs incurred by the Solid Waste Management Department will be paid by Proposer.

13.2 Within thirty (30) calendars days of the execution of the Contract, the selected Proposer shall provide a detailed Alternative Materials Recovery Facility Plan based on the plan included in the proposal.

14.0 CONSTRUCTION/RENOVATION AND RECYCLING EQUIPMENT PLAN 14.1 Within thirty (30) calendars days of the execution of the contract, the selected Contractor shall

provide a detailed construction/renovation and Recycling Equipment Plan based on the plan included in the proposal. The Construction/Renovation and Recycling Equipment Plan shall, at a minimum, include the following information (if applicable): 14.1.1 Proposed schedule for construction/renovation of materials recovery facility(s) and/or

recycling transfer station(s) including, at a minimum, the following dates: 14.1.2 Date of purchase of property. 14.1.3 Date of commencement and completion of permit applications. 14.1.4 Date of commencement and completion of construction/renovation. 14.1.5 Date of purchase and receipt of recycling equipment. 14.1.6 Other key dates associated with construction/renovation and recycling equipment

acquisition. 14.1.7 Identification of location for materials recovery facility(s) and/or recycling transfer

station. 14.1.8 Proposed property interest (i.e., own, lease) for location of materials recovery

facility(s)/recycling transfer station and timeline for acquisition of property interest. 14.1.9 Description of structure and layout for materials recovery facility(s) and/or recycling

transfer station(s). 14.1.10 Other key construction/renovation and recycling equipment acquisition information. 14.1.11 Description of equipment, including recycling equipment with rated capacity, at

materials recovery facility(s) and/or recycling transfer station(s). 14.1.12 Description of processing and storage capacity. 14.1.13 Description of traffic flow including priority access for Department vehicles. 14.1.14 Description of drop-off locations. 14.1.15 Date of commencement of processing and marketing of program recyclable

materials.

14.2 The Construction/Renovation and Recycling Equipment Plan shall demonstrate the capability of the selected Proposer to accept, process, and market program recyclable materials as set forth in the contract. The City, at the expense of the City, may retain a third party to review the

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construction/renovation and Recycling Equipment Plan to evaluate whether the materials recovery facility(s) and/or recycling transfer station shall be compliant with the contract.

15.0 CITY COLLECTION SCHEDULE 15.1 Operation Daily Schedule: The Contractor shall perform the services specified under the

contract in a manner that accommodates the City's recycling collection and Holiday Collection schedules. The City's recycling collection program regularly operates Monday through Friday between the hours of 6:30 a.m. and 7:00 p.m. Additionally, it is not uncommon for collection operations to continue past 7:00 p.m. due to weather, traffic or other occurrences. Hours, days and dates of collection are subject to change and the Contractor is responsible for adapting and responding to any changes to the City's collection schedule. Attached is a copy of the 2016 Bi-weekly Recycling Collection Schedule (ATTACHMENT “A”) or visit http://http://www.houstontx.gov/solidwaste/Recycle_Cal.pdf.

15.2 Holiday Collection Schedule: The City has a Holiday Collection Schedule based on the

Holiday Schedule approved annually by the Houston City Council. On certain collection holidays, City crews shall not deliver Recyclable Materials to the MRF. The City will provide the Contractor with a Holiday Collection Schedule on an annual basis. Attached is a copy of the 2016 Holiday Collection Schedule (ATTACHMENT “B”) or visit http://www.houstontx.gov/solidwaste/HolidayscheduleWEBb.pdf.

15.3 Make-Up Days/Slide Schedule: Major collection operations are usually conducted four (4)

days each week with minor collections occurring one day a week. Occasionally, collection operations will occur on Saturday to make up for an observed holiday during the week. All customers will receive collection services one day later than regularly scheduled. Contractor personnel must be available on Saturdays of the scheduled holiday week.

15.4 Bad Weather: If bad weather or natural disasters prevent Solid Waste Operations' collection

crews from working on their normally scheduled work days (Monday- Friday and Saturdays after certain holidays), the Contractor shall be required to perform the services specified in the contract on whatever days or portion of days Solid Waste Operations' collection crews work to "catch up”. In the event Solid Waste Operations' collection crews are prevented from starting their work or forced to stop their work before completion on a normally scheduled work day due to bad weather or a natural disaster, the City shall notify the Contractor of the work stoppage and communicate the City's initial anticipated plan to return to a normal work schedule. Any changes to this plan shall be communicated to the Contractor. Once the reason for the work stoppage has passed, the City will notify the Contractor that work has recommenced.

16.0 EDUCATION 16.1 It is the intent of the City to partner with the Contractor to increase awareness about recycling

in order to increase the amount of materials collected and delivered to the Contractor MRF. The Contractor shall support the education efforts with a minimal financial contribution of not less than $75,000 per year. This amount shall be increased annually, through the entire period of the contract, by an amount equivalent to the Consumer Price Index (CPI) for the preceding year. A Contractor may sponsor more than the required minimal education support.

17.0 GUIDED TOURS OF THE MRF 17.1 To complement the City's recycling public education efforts, the Contractor, at the request of

the City shall provide up to four (4) Contractor -guided tours of the primary MRF per month.

http://http/www.houstontx.gov/solidwaste/Recycle_Cal.pdf

http://www.houstontx.gov/solidwaste/HolidayscheduleWEBb.pdf

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Prior to scheduling facility tours, the City shall work with the Contractor to establish parameters for the tours to include, but not limited to, the size of the group, the time of the day scheduling tours and tour logistics for safely moving visitors through the without disrupting normal facility operations.

18.0 MATERIALS PROCESSING 18.1 The Contractor shall be responsible for the local processing of the Recyclable Materials. The

Contractor shall ensure that the processed Recyclable Materials shall be marketed and distributed effectively. No Recyclable Materials should be disposed of in a landfill.

19.0 FINANCIAL QUALIFICATIONS 19.1 Contractors must provide a description of relevant Financial Qualifications as described

below. The City will make best efforts, but make no representation that it will be able to maintain total confidentiality of Contractor’s financial information. At all times, the City will comply with the provisions of the Texas Public Information Act as required by State law. The Public Information Handbook is freely available on the Internet at https://www.texasattorneygeneral.gov/files/og/publicinfo_hb.pdf.

19.2 Financial information that shall be included with the Proposal are:

19.2.1 The proposed Contractor’s summary financial statements for the past three (3) fiscal

years. These statements must include, at a minimum, statements of financial position and changes in financial position.

19.2.2 If the entity that will sign the Agreement has a parent company or is proposing a joint venture, the parent company or joint venture company(s) must also provide financial statements for the most recent three (3) fiscal years.

19.2.3 If the entity that will sign the Agreement has been in existence less than three (3)

years, the Contractor must provide sufficient financial data to substantiate, to the satisfaction of the City, the Contractor’s financial capability and viability of the entity.

19.3 The City reserves the right to require submission by Contractor, at no cost to the City, of

certified audited financial statements for the Contractor, and/or an opinion by a Certified Public Accountant with regard to the financial status of such Contractor, including ownership of, or interest in, equipment and facilities prior to award of an Agreement.

20.0 ADDITIONS AND DELETIONS 20.1 The City, by written notice from the Chief Procurement Officer to the Contractor, shall reserve

the right at any time during the term of any contract, to add or delete like or similar equipment, supplies, locations and/or services to the list of equipment, supplies, locations, and/or services to be provided. Any such written notice shall take effect on the date stated in the notice from the City. Similar equipment, supplies, services, or locations added to any future contract shall be in accordance with the contract specification/scope of services, and the charges or rates for items added shall be the same as specified in the fee schedule. In the event that the additional equipment, supplies, locations and/or services are not identical to the item(s) already under contract, the charges therefore shall then be the Contractor normal and customary charges or rates for the equipment, supplies, locations and/or services classified in the fee schedule.

https://www.texasattorneygeneral.gov/files/og/publicinfo_hb.pdf

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21.0 ESTIMATED QUANTITIES NOT GUARANTEED 21.1 The estimated quantities specified herein are not a guarantee of actual quantities, as the City

does not guarantee any particular quantity of Recyclable Materials during the term any contract to be entered into. The quantities specified herein are good faith estimates.

22.0 TERM OF CONTRACT 22.1 A contract awarded in response to this RFP will be for an initial term of ten (10) year period

commencing on April 1, 2018 and concluding on March 31, 2028. The City shall have the option to renew for two (2) additional renewal terms of five (5) years at the sole discretion of the City and upon City Council approval.

23.0 TRANSFER AND ASSIGNMENT 23.1 No assignment or transfer of a contract or any right occurring under a contract awarded under

this RFP shall be made in whole or part by the Contractor without the express written consent of the City, such consent not to be unreasonably withheld or delayed. The City, in its discretion may assign this Contract to an Authority created by law to administer Single Stream Recycling Processing Services to the City. This provision is not intended to preclude a Contractor or other company from acquiring or merging with another authorized Contractor providing Single Stream Recycling Processing Services under a Contract with the City at the time of such acquisition or merger, subject to City consent as provided above.

24.0 CORRESPONDENCE 24.1 All correspondence regarding the Single Stream Recycling Processing Services shall be

submitted to the following address:

City of Houston Solid Waste Management Department, Recycling Division 611 Walker, 12th Floor Houston, TX 77002

PART III –PROPOSAL MINIMUM CONTENT REQUIREMENTS Proposers may submit multiple Proposals for individual quadrants, or a combination of quadrants or all quadrants combined (city-wide). The content shall be identified by section, description, page number and shall include, at a minimum, the following sections: 1.0 Cover Letter 1.1 The cover letter, limited to two (2) pages shall include:

1.1.1 The title and number of the RFP, company name, business address, e-mail address, telephone number, website address, Federal Tax ID number, and year established.

1.1.2 Shall state a commitment to provide Single Stream Recycling Processing Services

with the proposed delivery option specified (see Part II, Scope of Work, Section 2.2).

1.1.3 Shall include a brief statement of understanding and approach to the Scope of

Services.

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1.1.4 Shall acknowledge the receipt of all Letters of Clarification received up to the date of

the cover letter. 1.1.5 The names, titles, addresses, and telephone numbers of the individuals who are

authorized to make representation on behalf of the Proposer. 1.1.6 A statement that the person signing the Offer & Submittal Form is authorized to

legally bind the Proposer; and that the proposal will comply with the requirements stated in the RFP.

2.0 Offer & Submittal Form

2.1 PROPOSAL MUST BE SIGNED AND NOTARIZED BY AN AUTHORIZED

REPRESENTATIVE(S) OF THE PROPOSER, WHICH MUST BE THE ACTUAL LEGAL ENTITY THAT WILL PERFORM THE CONTRACT IF AWARDED AND THE TOTAL FIXED PRICE CONTAINED THEREIN SHALL REMAIN FIRM FOR A PERIOD OF ONE-HUNDRED EIGHTY (180) DAYS. (EXHIBIT I-A)

3.0 Executive Summary 3.1 The purpose of the Executive Summary is to provide an overview of the Proposer’s ability to

meet the requirements of the RFP. At a minimum, the Executive Summary must contain the following information:

3.1.1 Complete legal name of the Proposer and the name of the legal entities that comprise

the Proposer, if Proposer is proposing as a team or joint venture. 3.1.2 Provide a brief narrative delineating general understanding of the role of the Proposer,

and a high-level description of the Proposer’s ability to meet the requirements of this RFP.

3.1.3 Identify potential challenges and how your firm intends to address them.

3.1.4 A description of the Proposer’s plan for complying with the City’s MWBE goal.

4.0 Experience and Qualifications 4.1 Provide an organizational chart for key personnel. The organizational chart should indicate

how the Proposer's organization will interact with and relate to the City and Department, as well as other person(s) who will be responsible for the Contract.

4.2 Provide resumes for key personnel including, but not limited to, the General Manager,

Materials Recovery Facility Operations Manager at each materials recovery facility, Recycling Transfer Station Operations Manager of the Recycling Transfer Station. If Proposer is proposing as a team or joint venture, provide the same information for each member of the team or joint venture.

4.3 If the Proposer is proposing as a part of a team or joint venture or has included

subcontractors, describe the rationale for selecting the team and the extent to which the team, joint ventures and/or subcontractors have worked together in the past.

4.4 List resources, including total number of employees by position and job description, number

and types of equipment available to support this project.

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4.5 Identify the number and professional qualifications (to include licenses, certifications, associations) of staff to be assigned to the project and relevant experience on projects of similar size and scope.

4.6 Describe experience relevant to the Scope of Services requested by this RFP. List and

describe all relevant projects of similar size and scope performed over the past ten (10) years. Identify type and quantity of single-stream materials processed and marketed.

4.7 Describe Proposer's specific experience with public clients, especially large municipalities

over the past ten (10) years. If Proposer has provided services for the City in the past, identify the name of the project and the department for which the Proposer provided those services.

4.8 Identify all States/Countries you now operate or have previously operated. 4.9 Identify whether any Contract in the past ten (10) years has ended prior to the Contract

expiration date due to assignment of the Contract to another vendor, termination of the Contract, mutual agreement to discontinue service, or for any other reason.

4.10 Identify the number of contracts where Proposer has lost money. 4.11 Identify whether the Proposer has received any notice of violations from an environmental

regulatory agency. If so, indicate if and how the case was resolved. 4.12 Provide a copy of the Proposer's workplace safety plan. Provide copies of the Proposer's

OSHA 300 log for the past five (5) years or similar documentation of any workplace mishaps history. Include any citations from OSHA or other similar regulatory agency and how they were resolved. Describe if training will be conducted in-house or if the Proposer will be using an outside entity for safety training.

4.13 Additional Information: Identify any additional experiences, qualifications, and/or other

relevant information about qualifications. 5.0 Proposed Plan 5.1 Options to include proposal for one or more, or all of the four (4) quadrants currently receiving

City solid waste services and for companies to propose on either (or both) of the below delivery methods:

5.1.1 Single Stream Recycling Processing Services Contract: This option allows the

Proposers with an existing MRF to propose to process and market Recyclable Materials collected through the curbside single-stream recycling program at a facility on private land that meets RFP requirements for one or more or all quadrants of the City. The proposal may include and outline of any proposed improvements to an existing MRF required to meet the objectives of this RFP. The Proposer shall include timelines for any work the Contractor will perform including, but not limited to any site work, construction and/or improvement(s) to processing equipment required to meet the objectives of this RFP.

5.1.2 Design, Build and Operate (DBO): This option allows Proposers to design, build and

operate a material recovery facility (MRF) that would be constructed on private land or land that may be made available to the Proposer by the City. On any land being proposed to site the MRF, the Contractor shall perform site work, construct the building(s), provide processing equipment and rolling stock, provide scale house and all other resources necessary to meet the requirements of the RFP. The City may make available up to fifteen (15) acres of land to Proposers for lease for a period of ten

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(10) years, with two (2) optional five (5) year renewals. The entire project, including MRF and all related infrastructure and operating resources, shall be financed by the Contractor. At the end of the Contract, the Contractor shall retain title to the processing equipment and rolling stock. The City will retain title to any land made available by the City as well as any other assets, including all building(s) and site improvements.

5.2 Each option listed above shall include an opportunity for facility to “anchor” Education Center. 5.3 Acquiring and developing the property (if applicable)

5.3.1 Describe how the property will be acquired and developed, including:

5.3.2 The legal status of the property, such as currently owned, leased, under option, or only

identified as a possible location. 5.3.3 Status, procedure, and timeline for acquisition of property interest. 5.3.4 Status and timeline to obtain construction, environmental, zoning, and any other

necessary operational permits. 5.3.5 Proposed construction/renovation and recycling equipment, including description of the

structure and layout: 5.3.6 Processing and storage capacity. 5.3.7 Traffic flow including priority access for SWMD vehicles. 5.3.8 Queuing space within the property to stage incoming vehicles without impeding traffic

on City streets. 5.3.9 Drop-off locations. 5.3.10 Other key construction and renovation details. 5.3.11 Recycling equipment acquisition information. 5.3.12 Truck clearance requirements. 5.3.13 Enclosure requirements. 5.3.14 Scales. 5.3.15 Facility processing capacity per hour and tipping floor capacity.

5.4 Accessibility of Location

5.4.1 Describe the actual or proposed location of each materials recovery facility and recycling transfer station, including the following:

5.4.1.1 Location of facility. 5.4.1.2 Proximity to major roads and highways. 5.4.1.3 Proximity to nearest City of Houston Solid Waste Management facility.

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5.4.1.4 Assessment of neighbors that may be negatively impacted by increased traffic such as residents, schools, and churches.

5.4.2 Mitigation plan for neighbors that may be impacted.

5.5 Proposers may submit proposals which include additional processing services not identified in

this RFP as a way to increase the amount of resources recovered for recycling or beneficial reuse from the City collected municipal solid waste stream. The additional processing services must guarantee that at a minimum 75% of the material processed is diverted from the landfill. Additional processing services may include mechanical and/or biological treatment technologies such as anaerobic digestion; composting and waste-to-liquid-fuel technologies; and must be economically feasible. Traditional waste-to-energy technologies shall not be included. Proposers may include supplemental proposals detailing options to design, build and operate a facility with additional processing services and must include the same criteria requested for proposals to design, build and operate single stream facilities. Proposers are encouraged to provide alternatives if they can improve the efficiency, save monies, and/or reduce the disposal of residuals. The City will place an emphasis on a Proposer who places a high priority on reliable, cost effective, and environmentally sound operations, and who has demonstrated measurable results and success through its on- going operations on other similar projects within the United States.

6.0 Overall Operational Plan 6.1 Describe the overall operational plan, to include, but not limited to:

6.1.1 Hours of operation and holidays 6.1.2 Recordkeeping and reporting 6.1.3 Alternative operating plan in case of emergencies. 6.1.4 Process for complying with the auditing procedures and inspection rights. 6.1.5 Proposed educational activities, such as in-person or virtual tours; provide evidence of

current educational outreach activities that may be occurring at other facilities. 6.1.6 Describe how non-acceptable materials will be addressed, including disposal of

contaminants, removal of residuals and recycling of items that are not on the accepted items list but still have a potential market value.

7.0 TRANSITION PLAN (IF NECESSARY) 7.1 If applicable, Proposer shall describe its proposed strategy to ensure a smooth transition from

the current Contractor to the Successful Proposer. In the transition plan Proposer must describe the following in: PART THREE: SECTION 5.0, PROPOSED PLAN.

7.2 Delays in Transition Plan: The Proposer agrees and understands that, if selected, the

Proposer and all persons designated by the Proposer shall provide services in connection with the contract at the commencement of the Agreement. Failure to accept Recyclable Materials at the Designated MRF/Alternative Deposit Site for processing from the City at the commencement date of the Contract shall incur monetary penalties. These monetary penalties shall be, up to and including reimbursement to the City, any additional costs in personnel equipment and additional costs above the City’s Processing Fee in effect by the its

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current Contractor, to be incurred on each ton of Recyclable Materials delivered by the City to a third party processor.

8.0 Recovery Rate of Current Commodities 8.1 Describe the plan for recycling and processing the items that are currently accepted by the

city, including:

8.1.1 Compliance with the minimally accepted list of program recyclable materials and any exclusions the Proposer may take; exclusions of items may bar the proposal from further consideration.

8.1.2 Description of plan to market and sell program recyclables to the end market with the

highest price. 8.1.3 Commitment to not market or sell any materials accepted and/or processed as a result

of this contract to markets that the selected Proposer knows or reasonably should have anticipated would dispose of the program recyclable materials.

8.1.4 Description of processing subsystems at the MRF used to assure compliance with

product specifications of secondary materials buyers including, but not limited to, product form, size, weight, density, and degree of contamination.

· 8.1.5 Confirm Proposer will process a minimum of ninety-five percent (95%) by weight of

program recyclable materials delivered by the City into recovered materials utilizing processing subsystems at the materials recovery facility.

9.0 Plastic Bags and Film 9.1 Describe the plan for processing and recycling plastic bags and film, including how:

9.1.1 Recyclables that are placed in a plastic bag will be recovered. 9.1.2 Bag(s) that held the recyclables will be processed, if at all. 9.1.3 Loose plastic bags and film may be potentially recovered.

9.1.4 Plastic film that is attached to other materials may be removed to not impede the

recyclability of the other item, for example film that surrounds a cardboard box. 9.1.5 Current recovery rate for processing plastic bags and film at other locations.

10.0 Glass

10.1 Description of processing procedure for maximizing recovery of glass and success rate.

11.0 Increasing Other Commodities 11.1 Describe the plan for accepting and processing additional items, including:

11.1.1 Additional items that the Proposer would be willing to accept in the curbside cart. 11.1.2 Additional items that the Proposer would be willing to accept from a City drop-off

center.

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11.1.3 Additional items that the Proposer would be willing to accept at their own drop-off

center. 11.1.4 The experience of accepting these additional items at current facilities.

12.0 Price (Fee and Revenue Schedule) 12.1 Proposer must complete the Price (Fee and Revenue Schedule). (EXHIBIT VII)

12.1.1 Proposer must specify floor prices, processing/marketing fees, and recyclable revenue share for the Minimum Recyclable Materials accepted in the green recycling cart.

13.0 Financial Capacity of Proposer 13.0 Proposer shall submit in a separate envelope, marked as “Financials”, two (2) sets of their

company’s audited annual financial statements, in accordance with and as defined in the Financial Accounting Standards Board (FASB) regulation(s) for the past three (3) years. In addition, Proposer shall include their Dunn & Bradstreet Report or Federal Tax Forms filed with the Internal Revenue Service (IRS) for the past three years.

14.0 MWBE Plan 14.1 Proposer shall submit a proposed MWBE plan for meeting the 11% goal. 15.0 References 15.1 Provide reference information that includes the company name, address, phone number,

contact person, contact person phone number and email. (EXHIBIT I-B) 15.2 References contacts must be people that were directly involved in the previous projects listed

and who have first-hand knowledge of the performance of the Proposer and its proposed staff/team. The City will contact the references to verify the information Proposer provided and/or to solicit comments.

PART IV – INSTRUCTIONS FOR SUBMITTING PROPOSAL 1.0 Proposal Submittal Instructions

1.1 Number of Copies. Submit nine (9) printed copies of the Proposal, including two (2) printed

originals signed in BLUE ink, and marked as “Original” on the outside cover. Additionally, provide nine (2) copies on memory stick, (USB drive), labeled with the appropriate Solicitation name and number that includes a complete copy of all information in the printed originals in a separate envelope. Please submit all items in a sealed envelope or package bearing the assigned Title and Solicitation Number, located on the first page of this RFP document to:

City Secretary’s Office City Hall Annex, Public Level 900 Bagby Street Houston, Texas 77002

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1.2 The envelope or package should clearly identify the name and address of the Proposer and indicate the contents to be: “Response to RFP S74-T25967 – Single Stream Recycling Processing Services”.

1.3 The City of Houston shall bear no responsibility for submitting responses on behalf of any

Proposer. Proposer(s) may submit their Proposal to the City Secretary’s Office any time prior to the stated deadline.

1.4 Time for Submission. Proposals shall be submitted no later than the date and time indicated

for submission in this RFP. Late submittals will not be considered and will be returned unopened.

1.5 Format. Proposal must be left-bound with information on both sides of the page when

appropriate. Material should be organized following the order of the submission requirements separated by labeled tabs, and shall be securely bound. Submission materials will not be returned to Proposers.

1.6 Complete Submission. Proposers are advised to carefully review all the requirements and

submit all documents and information as indicated in this RFP. Incomplete proposals may lead to a proposal being deemed non-responsive, meaning that non-responsive proposals will not be considered.

1.7 Packaging and Labeling. The outside wrapping/envelope shall clearly indicate the RFP title,

date, and time for submission. It shall also indicate the name of the proposer. The Price Proposal shall be submitted in a separate sealed envelope. The envelope shall clearly identify the content as “Price Proposal.” Thumb drives shall be submitted in yet another sealed envelope and marked accordingly. All other submission requirements shall be included with the Proposer’s Technical Proposal.

1.8 Timely Delivery of Proposals. The Proposal, including the Technical Proposal, Fee Schedule

and signed Offer and Submittal form must be delivered by hand or mailed by one’s preferred courier to the address shown on the cover sheet of this RFP. Include the RFP number on any package delivered or sent to the City Secretary’s Office and on any correspondence related to the Proposal. If using an express delivery service, the package must be addressed and delivered specifically to the City Secretary’s Office. Packages delivered by express mail services to other locations may not be re-delivered to its final destination by the deadline hour.

1.9 Late Proposals. Proposers remain responsible for ensuring that its Proposal is received at the

time, date, place, and office specified. The City assumes no responsibility for any Proposal not received, regardless of whether the delay is caused by the U.S. Postal Service, a courier delivery service, or some other act or circumstance.

PART V – EVALUATION AND SELECTION PROCESS 1.0 Evaluation Process 1.1 An evaluation committee will evaluate responsive proposals in accordance with the evaluation

criteria listed in Part VI. Upon completion of the evaluation and for further consideration, the committee may develop a short list of Proposers meeting the technical competence requirements. Price Proposals will be evaluated by the evaluation committee during the second phase of the evaluation process, once the technical compliance first-phase has been completed. Potential shortlisted Proposer(s) may be scheduled for combined oral presentations, demonstrations or interviews. Such meetings will be at no cost to the City of

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Houston. At the conclusion of oral presentations, demonstrations or interviews, a follow-on Best and Final Offer (BAFO) will be submitted to those final Proposers being evaluated. However, during the evaluation process, the evaluation committee reserves the right to issue Letter(s) of Clarity when deemed necessary to any or all Proposer(s). The oral presentations, demonstrations or interviews may be recorded and/or videotaped by the evaluation committee, but not without first notifying the Proposer of this action.

2.0 Interviews/Oral Presentations/Demonstrations 2.1 The City reserves the right to request and require that each Proposer meet with the evaluation

committee to further discuss their Proposal at a later scheduled date and time. No Proposer is entitled to this opportunity, and no Proposer shall be entitled to attend presentations of any other Proposer.

2.2 The City reserves the right to request that Proposer(s) provide a final presentation handout of its Proposal at their scheduled meeting. If necessary, Proposers may be scheduled for more than one presentation, demonstration, or interview.

3.0 Selection Process 3.1 Upon review of all information provided by Proposers, the evaluation committee will make a

recommendation for selection to City officials. The City reserves the right to check references on any projects performed by the Proposer, whether provided by the Proposer or known by the City. Selected Proposal shall be submitted for approval by the appropriate City officials. The City of Houston intends to select a Proposal that best meets the needs of the City and that provide the best overall value. Upon approval of the selected Proposer, a contract shall be executed by the appropriate City officials.

4.0 Best and Final Offer (BAFO) 4.1 City reserves the right to request a Best and Final Offer from finalist Proposer(s), if necessary.

At a minimum, the Best and Final Offer would consist of submitting a final Price/Compensation Schedule with associated costs, and address any outstanding items previously identified during the evaluation of Proposals.

4.2 If the City chooses to invoke a “required BAFO” option, Proposals shall then be re-evaluated by the evaluation committee. The BAFO shall include instructions, requirements, and a specified submission due date.

PART VI – EVALUATION CRITERIA

1.0 Responsiveness of Proposal (Pass/Fail)

1.1 Proposers must comply by submitting all “Material” requirements.

2.0 Experience and Qualifications (15 Points)

This criterion considers the Proposer that best demonstrates their experience and qualifications of their capabilities to process and market the volume of materials generated from the City of Houston’s recycling programs.

3.0 Proposed Plan/Overall Operational Plan (10 Points)

This criterion considers the Proposer’s Proposed Plan delivery method per Part III, Section 5.0.

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This criterion also considers Proposer’s proposed plan for one or more, or all of the four (4) quadrants currently receiving City solid waste services. This criterion considers the Proposer’s overall operations plan that includes, but not limited to factors such as: hours of operation; emergency operating plan; record keeping; reporting; auditing procedures; and inspection rights. This criterion also considers the process identified as to how non-acceptable materials will be handled, and the methodology proposed for educational outreach activities.

4.0 Accessibility of Location (10 Points)

This criterion considers the Proposer’s proposed site location(s) that best meets the needs of the City.

5.0 Recovery Rate of Current Commodities (8 Points)

This criterion considers the Proposer that best demonstrates how they will maximize the recovery rate of commodities processed through the proposed facility(s).

6.0 Plastic Bags and Film (5 Points)

This criterion first considers whether or not a Proposer addressed how plastic bags will be handled either as an independent commodity or as a bag containing other recyclable materials. This criterion further considers if the Proposer demonstrated their proven ability to accept, process, and market single use plastic bags and related plastic film, and/or how they will address other recyclables that are placed in plastic bags.

7.0 Glass (10 Points)

This criterion first considers whether or not a Proposer addressed how glass will be handled either as an independent commodity or as a material not considered a part of the recycling stream or a recyclable material. This criterion further considers if the Proposer demonstrated the willingness and proven ability to accept, process, and market single use glass bottles and containers and/or how they will address when glass is placed in the recycling container/stream.

8.0 Increasing Other Commodities (2 Points)

This criterion first considers whether the Proposer addressed the expansion of acceptable commodities. This category does not include the commodity plastic bags and/or plastic film, since they are independent criteria that are scored separately. This criterion further considers how the Proposer demonstrated their ability to increase the number of

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acceptable commodities beyond the minimum recyclable materials list, for example, plastic toys.

9.0 Price (Fee and Revenue Schedule) (30 Points)

This criterion considers the proposed highest dollar floor pricing, no ceiling limit on revenues and the lowest processing fee that is the most advantageous for the City.

10.0 Financial Capacity (10 Points)

This criterion considers the strength/capacity of the Proposer’s financial statements and other required financial information.

11.0 MWBE Plan (Pass/Fail)

This criterion considers the Proposer’s proposed plan to achieve the 11% participation goal.

Note: Hire Houston First (HHF) Ordinance (2011-0766): At the conclusion of scoring Proposals, preference points shall be distributed in the following manner:

• 5 Points: For Proposer firm residing within the City of Houston city limits; • 3 Points: For Proposer whose firm is a local business residing within the

adjoining 10 counties to the City of Houston city limits.

• 0 Points: For Proposer whose company does not reside within Houston city limits, or within its adjacent 10 surrounding counties.

Part VII – SPECIAL CONDITIONS 1.0 No Contact Period

1.1 Neither Proposer(s) nor any person acting on Proposer(s)'s behalf shall attempt to influence

the outcome of the award by the offer, presentation or promise of gratuities, favors, or anything of value to any appointed or elected official or employee of the City of Houston, their families or staff members. All inquiries regarding the solicitation are to be directed to the designated City Representative identified on the first page of the solicitation. Upon issuance of the solicitation through the pre-award phase and up to the date the City Secretary publicly posts notice of any City Council agenda containing the applicable award, aside from bidder's formal response to the solicitation, through the pre-award phase, written requests for clarification during the period officially designated for such purpose by the City Representative, neither Proposers(s) nor persons acting on their behalf shall communicate with any appointed or elected official or employee of the City of Houston, their families or staff through written or oral means in an attempt to persuade or influence the outcome of the award or to obtain or deliver information intended to or which could reasonably result in an advantage to any bidder. However, nothing in this paragraph shall prevent a bidder from making public statements to the City Council convened for a regularly scheduled session after the official selection has been made and placed on the City Council agenda for action, or to a City Council committee convened to discuss a recommendation regarding the solicitation.

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2.0 Equal Opportunity Employment 2.1 The City of Houston Ordinance Section 15-17 establishes Equal Employment Opportunity

Contract Compliance requirements for all City of Houston contracts involving the expenditure of Fifty Thousand Dollars ($50,000) or more. Any contract for professional services that results from this RFP will provide that the failure to carry out the requirements set forth in the City of Houston Equal Employment Opportunity Program shall constitute a breach of contract and may result in termination of the agreement or contract. In addition, the City may take any such additional remedy as deemed appropriate.

3.0 Minority and Woman Business Enterprises (M/WBE) 3.1 Contactor shall comply with the City’s Minority and Women Business Enterprise (“MWBE”)

programs as set out in Chapter 15, Article V of the City of Houston Code of Ordinances. Contractor shall make good faith efforts to award subcontracts or supply agreements in at least the value stated in this Agreement to MWBE’s. Contractor acknowledges that it has reviewed the requirements for good faith efforts on file with the City’s Office of Business Opportunity (OBO) and will comply with them.

4.0 Protests

4.1 An interested party may file a protest on the basis that the City has failed to comply with

applicable federal or state law or with City ordinances. The subject of the protest shall be limited to fraud, corruption, or illegal acts undermining the objectivity and integrity of the procurement process. A protest must be filed in accordance with the timing requirements set forth herein and must include:

4.1.1. The name, address, telephone number, and email address of the protestor. 4.1.2. The number of the solicitation. 4.1.3. Information confirming that the protestor is an interested party. 4.1.4. A written statement of the grounds for the protest and the law or ordinance alleged to

have been violated. The statement shall be accompanied by relevant supporting documentation and the relief requested.

4.1.5. The signature of the protestor.

4.2 Protests shall be submitted to: Chief Procurement Officer, City of Houston, 901 Bagby B300, Houston, TX 77002.

4.3 The City recognizes three types of protests:

4.3.1 Protests regarding solicitation (Pre-Submission Protest)

4.3.1.1 Any Pre-Submission Protest regarding a solicitation published by the City shall be filed no later than five days before the opening of bids (if a competitive bid) or due date for submittals or proposals (if an RFP/RFQ), as applicable.

4.3.2 Protests regarding the evaluation or rejection of bids, qualifications, or proposals (Pre-

Award Protest)

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4.3.2.1 Any Pre-Award Protest regarding the evaluation of bids, qualifications, or proposals by the City must be filed no later than five business days prior to the City Council meeting at which the award appears on the agenda.

4.3.3 Protests made after City Council’s decision to award a contract (Post-Award Protest)

4.3.3.1. Any protest regarding the award of a contract must be submitted no later than five calendar days after the date of the award.

4.4 Any protest received after the applicable deadline will not be considered. PART VIII – INSTRUCTIONS TO PROPOSERS 1.0 Pre-Proposal Conference 1.1 A Pre-Proposal Conference will be held at the date, time, and location as indicated on the first

page of the RFP document. Interested Proposer(s) are encouraged to attend. It will be assumed that potential Proposer(s) attending this meeting have reviewed the RFP in detail, and are prepared to bring up any substantive questions not already addressed by the City.

2.0. Additional Information and Specification Changes 2.1 Requests for additional information and questions should be addressed to the Finance

Department, Strategic Procurement Division Buyer Elnora Williams by telephone: 832.393.0209; or by the preferred e-mail method to [email protected] no later than 2:00 P.M., CST by Thursday, October 27, 2016. The City of Houston shall provide written responses to all questions received by Proposers prior to the RFP submittal deadline. Questions received from all Proposer(s) shall be answered by the City and sent to Proposer(s) who are listed as having obtained the RFP. Proposer(s) shall be notified in writing of any changes in the specifications contained within this RFP.

3.0 Letter(s) of Clarification 3.1 All Letters of Clarification and interpretations to this Solicitation shall be in writing. Any

Letter of Clarification(s) or interpretation that is not in writing shall not legally bind the City of Houston. Only information supplied by the City of Houston in writing or in this RFP should be used in preparing Proposal responses.

3.2 The City does not assume responsibility for the receipt of any Letters of Clarification sent to

Proposer(s). 4.0 Examination of Documents and Requirements 4.1 Each Proposer shall carefully examine all RFP documents and familiarize themselves with all

requirements prior to submitting a Proposal to ensure that the Proposal meets the intent of this RFP.

4.2 Before submitting a Proposal, each Proposer shall be responsible for making all

investigations and examinations that are necessary to ascertain conditions and affecting the requirements of this RFP. Failure to make such investigations and examinations shall not relieve the Proposer from obligation to comply, in every detail, with all provisions and requirements of the RFP.

mailto:[email protected]

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5.0 Exceptions to Terms and Conditions 5.1 All Exceptions included with the Proposal shall be submitted in a clearly identified separate

section of the Proposal in which the Proposer clearly cites the specific paragraphs within the RFP where the Exceptions occur. Any Exceptions not included in such a Section shall be without force and effect in any resulting contract unless such Exception is specifically referenced by the Chief Procurement Officer, City Attorney, Director(s) or designee in a written statement. The Proposer’s preprinted or standard terms will not be considered by the City as a part of any resulting contract.

5.2 All Exceptions that are contained in the Proposal may negatively affect the City’s Proposal

evaluation based on the evaluation criteria as stated in the RFP, or result in possible rejection of Proposal.

6.0 Post-Proposal Discussions with Proposer(s) 6.1 It is the City’s intent to commence final negotiation with the Proposer(s) deemed most

advantageous to the City. The City reserves the right to conduct post-Proposal discussions with any Proposer(s).

PART IX – REQUIRED FORMS TO BE SUBMITTED WITH PROPOSAL

1.0 Offer and Submittal, List of References, and List of Proposed Subcontractors (Exhibit I) 2.0 Signed M/WBE Forms: Attachment “A” Schedule of M/WBE Participation, Attachment “B,”

Notice of Intent, Attachment “C,” Certified M/WBE Subcontract Terms, Attachment “D,” Office of Business Opportunity and Contract Compliance M/WBE Utilization Report (Exhibit II)

3.0 Fair Campaign Ordinance Form “A” (Exhibit III) 4.0 Affidavit of Ownership or Control (Exhibit IV) 5.0 Anti-Collusion Statement (Exhibit V) 6.0 Conflict of Interest Questionnaire (Exhibit VI)

7.0 Price (Fee and Revenue Schedule) (Exhibit VII) PART X– REQUIRED FORMS TO BE SUBMITTED BY AWARDED VENDOR ONLY 1.0 Certificate of Insurance and Applicable Endorsements. 2.0 Drug Compliance Agreement Attachment “A,” Drug Policy Compliance Declaration

Attachment “B,” and Contractor’s Certification of No Safety Impact Positions Attachment “C” and “D”.

3.0 City Contractors’ Pay or Play Program Acknowledgement Form-1, and Pay or Play

Certification of Compliance Form-2. 4.0 Certificate of Interested Parties Form (Form 1295)Download form at:

https://www.ethics.state.tx.us/forms/1295.pdf 5.0 Requested information outlined in the scope of work and other additional relevant/supporting

information, or alternate submissions.

https://www.ethics.state.tx.us/forms/1295.pdf

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Required forms are available at the City of Houston Strategic Procurement Forms website: http://purchasing.houstontx.gov/forms.shtml

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http://purchasing.houstontx.gov/forms.shtml

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EXHIBIT I OFFER AND SUBMITTAL, REFERENCES, PROPOSED SUBCONTRACTORS

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EXHIBIT I-A OFFER AND SUBMITTAL

NOTE: PROPOSAL MUST BE SIGNED AND NOTARIZED BY AN AUTHORIZED REPRESENTATIVE(S) OF THE PROPOSER, WHICH MUST BE THE ACTUAL LEGAL ENTITY THAT WILL PERFORM THE CONTRACT IF AWARDED AND THE TOTAL FIXED PRICE CONTAINED THEREIN SHALL REMAIN FIRM FOR A PERIOD OF ONE-HUNDRED EIGHTY (180) DAYS. "THE PROPOSER WARRANTS THAT NO PERSON OR SELLING AGENCY HAS BEEN EMPLOYED OR RETAINED TO SOLICIT OR SECURE THIS CONTRACT UPON AN AGREEMENT OR UNDERSTANDING FOR A COMMISSION, PERCENTAGE, BROKERAGE, OR CONTINGENT FEE, EXCEPTING BONA FIDE EMPLOYEES. FOR BREACH OR VIOLATION OF THIS WARRANTY, THE CITY SHALL HAVE THE RIGHT TO ANNUL THIS AGREEMENT WITHOUT LIABILITY OR, AT ITS DISCRETION, TO DEDUCT FROM THE CONTRACT PRICES OR CONSIDERATION, OR OTHERWISE RECOVER THE FULL AMOUNT OF SUCH COMMISSION, PERCENTAGE, BROKERAGE OR CONTINGENT FEE." Respectfully Submitted: _______________________________________________________________________________________ (Print or Type Name of Contractor – Full Company Name) City of Houston Vendor No. (If already doing business with City): __________________________________________ Federal Identification Number: _____________________________________________________________________ By: ____________________________________________________________________________________ (Signature of Authorized Officer or Agent) Printed Name: ___________________________________________________________________________

Title: ___________________________________________________________________________

Date: ___________________________________________________________________________

Address of Contractor: _____________________________________________________________________ Street Address or P.O. Box

_____________________________________________________________________ City – State – Zip Code

Telephone No. of Contractor: (_____) __________________________________________________________

Signature, Name and title of Affiant: ____________________________________________________________ _______________________________________________________________________________________ (Notary Public in and for) ____________________________________________________________________________ County, Texas My Commission Expires: ______________ day of _____________________________________ 20_________

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EXHIBIT I-B REFERENCES

LIST OF PREVIOUS CUSTOMERS

1. Company Name: ________________________________________ Phone No.: ______________________

Address: __________________________________________________________________________________

Contact Name/Title: ____________________________________ Contact Phone No.: ____________________

Contact Email: _____________________________________________________________________________

Project Name/Title: _________________________________________________________________________

Award Date: ______________________________ Completion Date: _______________________

Description: ________________________________________________________________________________

__________________________________________________________________________________________


Address: __________________________________________________________________________________


Contact Email: _____________________________________________________________________________



Description: _______________________________________________________________________________

__________________________________________________________________________________________


Address: __________________________________________________________________________________


Contact Email: _____________________________________________________________________________



Description: _______________________________________________________________________________

__________________________________________________________________________________________


Address: __________________________________________________________________________________


Contact Email: _____________________________________________________________________________



Description: _______________________________________________________________________________

__________________________________________________________________________________________

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EXHIBIT I-C LIST OF SUBCONTRACTOR(S)

The following is a list of Subcontractors we propose to engage on the following items of Work. Any item of Work which does not designate a Subcontractor will be done by the firm submitting the Proposal.

SEGREGATED PART OF WORK SUBCONTRACTOR/SUPPLIER ________________________________ __________________________________

________________________________ __________________________________

________________________________ __________________________________

________________________________ __________________________________

________________________________ __________________________________

________________________________ __________________________________

________________________________ __________________________________

________________________________ __________________________________

________________________________ __________________________________

________________________________ __________________________________

________________________________ __________________________________

________________________________ __________________________________

________________________________ __________________________________

________________________________ __________________________________

________________________________ __________________________________

________________________________ __________________________________

________________________________ __________________________________

________________________________ __________________________________

________________________________ __________________________________

________________________________ __________________________________

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EXHIBIT II ATTACHMENT “A”

SCHEDULE OF M/WBE PARTICIPATION

DATE OF REPORT: _________________________________ BID NO.: __________________________________________ FORMAL BID TITLE: ________________________________

NAME OF MINORITY/WOMEN SUBCONTRACTOR

OFFICE OF BUSINESS OPPORTUNITY

CERTIFICATION NO.

STREET ADDRESS AND CITY, STATE, ZIP CODE

TELEPHONE NO.

SCOPE OF WORK

AGREED PRICE

TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . M/WBE PARTICIPATION AMOUNT. . . . . . . . . . . . . . . . . . TOTAL BID AMOUNT. . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

$___________ $__________% $___________

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IF YOU HAVE USED YOUR BEST EFFORTS TO CARRY OUT THE CITY’S M/WBE POLICY BY SEEKING SUBCONTRACTS AND SUPPLY AGREEMENTS WITH MINORITY AND WOMEN BUSINESS ENTERPRISES, YET FAILED TO MEET THE STATED PERCENTAGE GOAL OF THIS BID DOCUMENT, LIST BELOW YOUR GOOD FAITH EFFORTS FOR COMPLIANCE (DEFINITION OF REQUIREMENTS CAN BE OBTAINED THROUGH THE OFFICE OF BUSINESS OPPORTUNITY AT (713) 837-9000).

THE UNDERSIGNED WILL ENTER INTO A FORMAL AGREEMENT WITH THE MINORITY AND/OR WOMEN SUBCONTRACTORS AND SUPPLIERS LISTED IN THIS SCHEDULE CONDITIONED UPON AWARD OF A CONTRACT FROM THE CITY. NOTE: ALL FIRMS LISTED ABOVE MUST BE CERTIFIED (OR ELIGIBLE FOR CERTIFICATION) BY THE OFFICE OF BUSINESS OPPORTUNITY. THIS SCHEDULE OF M/WBE PARTICIPATION SHOULD BE RETURNED, IN DUPLICATE, WITH THE BID FORM.

______________________________________________________________ BIDDER COMPANY NAME ______________________________________________________________ SIGNATURE OF AUTHORIZED OFFICER OR AGENT OF BIDDER ______________________________________________________________ NAME (TYPE OR PRINT) ______________________________________________________________ TITLE

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EXHIBIT II ATTACHMENT “B”

OFFICE OF BUSINESS OPPORTUNITY AND CONTRACT COMPLIANCE M/WBE UTILIZATION REPORT

NOTICE OF INTENT

THIS AGREEMENT IS SUBJECT TO MEDIATION AND CAN BE INITIATED BY THE COMPANIES SIGNED BELOW OR THE OFFICE OF BUSINESS OPPORTUNITY. To: City of Houston Date: Administering Department Project Name and Number Bid Amount: M/W/SBE Goal: , agrees to enter into a contractual agreement with Prime Contractor _______________________________, who will provide the following goods/services in connection M/WSBE Subcontractor

with the above-referenced contract:

_______________

for an estimated amount of $ or % of the total contract value. is currently certified with the City of Houston’s Office of Business (M/W/SBE Subcontractor) Opportunity to function in the aforementioned capacity. Intend to

Prime Contractor M/W/SBE Subcontractor

work on the above-named contract in accordance with the M/W/DBE Participation Section of the City of Houston Bid Provisions, contingent upon award of the contract to the aforementioned Prime Contractor. Signed (Prime Contractor) Signed (M/W/SBE Subcontractor) Printed Signature Printed Signature Title Date Title Date

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EXHIBIT II ATTACHMENT “C”

CERTIFIED M/WBE SUBCONTRACT TERMS

CITY OF HOUSTON CERTIFIED MWSBE SUBCONTRACT TERMS Contractor shall ensure that all subcontracts with M/WSBE subcontractors and suppliers are clearly labeled “THIS CONTRACT IS SUBJECT TO MEDIATION” and contain the following terms:

1. _______________________(M/WSBE subcontractor) shall not delegate or subcontract more than 50% of the work under this subcontract to any other subcontractor or supplier without the express written consent of the City of Houston’s Office of Business Opportunity Director (“the Director”).

2. _______________________(M/WSBE subcontractor) shall permit representatives of the City of

Houston, at all reasonable times, to perform 1) audits of the books and records of the subcontractor, and 2) inspections of all places where work is to be undertaken in connection with this subcontract. Subcontractor shall keep such books and records available for such purpose for at least four (4) years after the end of its performance under this subcontract. Nothing in this provision shall affect the time for bringing a cause of action or the applicable statute of limitations.

3. Within five (5) business days of execution of this subcontract, Contractor (prime contractor) and

Subcontractor shall designate in writing to the Director an agent for receiving any notice required or permitted to be given pursuant to Chapter 15 of the Houston City Code of Ordinances, along with the street and mailing address and phone number of such agent.

These provisions apply to goal-oriented contracts. A goal-oriented contract means any contract for the supply of goods or non-professional services in excess of $100,000.00 for which competitive proposals are required by law; not within the scope of the MBE/WBE/SBE program of the United States Environmental Protection Agency or the United States Department of Transportation; and which the City Chief Procurement Officer has determined to have significant MWSBE subcontracting potential in fields which there are an adequate number of known MBEs , WBE’s, and or SBE’s (if applicable) to compete for City contracts. The MWSBE policy of the City of Houston will be discussed during the pre-proposal conference. For information, assistance, and/or to receive a copy of the City’s Affirmative Action Policy and/or Ordinance, contact the Office of Business Opportunity Division at 832.393.0600, 611 Walker Street, 7th Floor, Houston, Texas 77002.

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EXHIBIT II ATTACHMENT “D”

OFFICE OF BUSINESS OPPORTUNITY AND CONTRACT COMPLIANCE M/WBE UTILIZATION REPORT

Report Period: _____________________ PROJECT NAME & NUMBER: ___________________________________ AWARD DATE:_____________________________ PRIME CONTRACTOR: ________________________________________ CONTRACT NO.: ___________________________ ADDRESS: __________________________________________________ CONTRACT AMOUNT: ______________________ LIAISON/PHONE NO.: _________________________________________ M/WBE GOAL: ____________________________ M/WBE SUB/VENDOR NAME

DATE OF OBO CERTIFICATION

DATE OF SUBCONTRACT

SUBCONTRACT AMOUNT

% OF TOTAL CONTRACT

AMOUNT PAID TO DATE

% OF CONTRACT TO DATE

Use additional pages if needed. Submit by the 15th day of the following month. Office of Business Opportunity Provide support documentation on all revenues paid to end of the report period to: ATTN: Carlecia Wright 713-837-9000 M/WBE’s to reflect up/down variances on Contract amount. 611 Walker, 7th Floor Houston, Texas 77002

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EXHIBIT III FAIR CAMPAIGN ORDINANCE

The City of Houston Fair Campaign Ordinance makes it unlawful for a Contractor to offer any contribution to a candidate for City elective office (including elected officers and officers-elect). All Proposers to this invitation to bid must comply with Houston Code of Ordinances Chapter 18 as amended relating to the contribution and solicitation of funds for election campaigns. Provisions of this ordinance are provided in part in the paragraphs that follow. Complete copies may be obtained from the office of the City Secretary. Candidates for city office may neither solicit nor receive contributions except during a period commencing 270 calendar days prior to an election date for which a person is a candidate for such office and ending 90 calendar days after the election date, including run-off elections if such candidate is on the ballot. Further, it shall be unlawful either for any person who submits a Bid or Proposal to contribute or offer any contribution to a candidate or for any candidate to solicit or accept any contribution from such person for a period commencing at the time of posting of the City Council Meeting Agenda including an item for the award of the Contract and ending upon the 30th day after the award of the Contract by City Council. For the purposes of this Ordinance, a Contract is defined as each Contract having a value in excess of $30,000 that is let by the City for professional services, personal services, or other goods or services of any other nature whether the Contract is awarded on a negotiated basis, request for Proposal basis, competitive Proposal basis or formal sealed competitive Bids. The term Contractor includes proprietors of proprietorships, partners having an equity interest of 10% of more of partnerships, (including limited liability partnerships and companies), all officers and directors of corporations (including limited liability corporations), and all holders of 10% or more of the outstanding shares of corporations. A STATEMENT DISCLOSING THE NAMES AND BUSINESS ADDRESSES EACH OF THOSE PERSONS WILL BE REQUIRED TO BE SUBMITTED WITH EACH BID OR PROPOSAL FOR A CITY CONTRACT. Completion of the attached form entitled "Contractor Submission List" will satisfy this requirement. Failure to provide this information may be just cause for rejection of your Bid or Proposal.

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EXHIBIT III FORM “A”: FAIR CAMPAIGN

CITY OF HOUSTON FAIR CAMPAIGN ORDINANCE

The City of Houston Fair Campaign Ordinance makes it unlawful for a Contractor to offer any contribution to a candidate for City elective office (including elected officers-elect) during a certain period of time prior to and following the award of the Contract by the City Council. The term “Contractor” Includes proprietors of proprietorships, partners or joint venture’s having an equity interest of 10 percent or more for the partnership or Joint venture, and officers, directors and holders of 10 percent or more of the outstanding shares of corporations. A statement disclosing the names and business addresses of each of those persons will be required to be submitted with each Bid or Proposal for a City Contract. See Chapter 18 of the Code of Ordinances, Houston, Texas, for further information. This list is submitted under the Provisions of Section 18-36(b) of the Code of Ordinances, Houston, Texas, in connection with the attached Proposal, submission or bid of:

Firm or Company Name: ______________________________________________

Firm or Company Address: ______________________________________________

The firm/company is organized as a (Check one as applicable) and attach additional pages if needed to supply the required names and addresses: [ ] SOLE PROPRIETORSHIP

Name Proprietor Address

[ ] A PARTNERSHIP

List each partner having equity interest of 10% or more of partnership (if none state “none”):

Name Partner Address Name Partner Address

[ ] A CORPORATION List all directors of the corporation (if none state “none”): Name___________________________ _________ ____ Director Address Name___________________________ ______________________________ Director Address Name _____________ ______________________________ Director Address

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List all officers of the corporation (if none state "none”):

Name________________________ _______________________________ Officer Address

Name________________________ _______________________________ Officer Address

Name________________________ _______________________________ Officer Address List all individuals owning 10% or more of outstanding shares of stock of the corporation (if none state “none”):

Name________________________ _______________________________ Address

Name________________________ _______________________________ Address

Name________________________ _______________________________ Address

I certify that I am duly authorized to submit this list on behalf of the firm, that I am associated with the firm in the capacity noted below and that I have personal knowledge of the accuracy of the information provided herein.

___________________________________________________________________________ Preparer

_________________________________________________________________________ Printed Name

___________________________________________________________________________ Title

Note: This list constitutes a government record as defined by § 37.01 of the Texas Penal Code. 8/23/01

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EXHIBIT IV: CONTRACTOR OWNERSHIP DISCLOSURE ORDINANCE

City Council requires knowledge of the identities of the owners of entities seeking to Contract with the City in order to review their indebtedness to the City prior to entering Contracts. Therefore, all Proposers to this Invitation to Bid must comply with Houston Code of Ordinances Chapter 15, as amended (Sections 15-122 through 15-126) relating to the disclosure of owners of entities bidding on, proposing for or receiving City contracts. Provisions of this ordinance are provided in part in the paragraphs that follow. Complete copies may be obtained from the office of the City Secretary.

Contracting entity means a sole proprietorship, corporation, non-profit corporation, partnership, joint venture, limited liability company, or other entity that seeks to enter into a contract requiring approval by the Council but excluding governmental entities. A contracting entity must submit at the time of its Bid or Proposal, an affidavit listing the full names and the business and residence addresses of all persons owning five percent or more of a contracting entity or, where a contracting entity is a non-profit corporation, the full names and the business and residence addresses of all officers of the non-profit corporation. Completion of the "Affidavit of Ownership or Control," included herein, and submitted with the Official Bid or Proposal Form will satisfy this requirement. Failure to provide this information may be just cause for rejection of your Bid or Proposal.

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EXHIBIT IV: AFFIDAVIT OF OWNERSHIP OR CONTROL

ORIG. DEPT.:_______________________ FILE/I.D. NO.:__________________________ INSTRUCTION: ENTITIES USING AN ASSUMED NAME SHOULD DISCLOSE SUCH FACT TO AVOID REJECTION OF THE AFFIDAVIT. THE FOLLOWING FORMAT IS RECOMMENDED: CORPORATE/LEGAL NAME DBA ASSUMED NAME. STATE OF ____________ § § AFFIDAVIT OF OWNERSHIP OR CONTROL COUNTY OF ___________ § BEFORE ME, the undersigned authority, on this day personally appeared __________________________________________________ [FULL NAME] (hereafter “Affiant”), _________________________________________ [STATE TITLE/CAPACITY WITH CONTRACTING ENTITY] of _____________________________________________________________ [CONTRACTING ENTITY’S

CORPORATE/LEGAL NAME] (”Contracting Entity”), who being by me duly sworn on oath stated as follows: 1. Affiant is authorized to give this affidavit and has personal knowledge of the facts and matters herein stated. 2. Contracting Entity seeks to do business with the City in connection with ________________________________________________________________________ [DESCRIBE PROJECT OR MATTER] which is expected to be in an amount that exceeds $50,000. 3. The following information is submitted in connection with the proposal, submission or bid of Contracting Entity in connection with the above described project or matter. 4. Contracting Entity is organized as a business entity as noted below (check box as applicable). FOR PROFIT ENTITY: NON-PROFIT ENTITY: [ ] SOLE PROPRIETORSHIP [ ] NON-PROFIT CORPORATION [ ] CORPORATION [ ] UNINCORPORATED ASSOCIATION [ ] PARTNERSHIP [ ] LIMITED PARTNERSHIP [ ] JOINT VENTURE [ ] LIMITED LIABILITY COMPANY [ ] OTHER (Specify type in space below) ___________________________________________________________________________ ___________________________________________________________________________

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5. The information shown below is true and correct for the Contracting Entity and all owners of 5% or more of the Contracting Entity and, where the Contracting Entity is a non-profit entity, the required information has been shown for each officer, i.e., president, vice-president, secretary, treasurer, etc. [NOTE: IN ALL CASES, USE FULL NAMES, LOCAL BUSINESS AND RESIDENCE ADDRESSES AND TELEPHONE NUMBERS. DO NOT USE POST OFFICE BOXES FOR ANY ADDRESS. INCLUSION OF E-MAIL ADDRESSES IS OPTIONAL, BUT RECOMMENDED. ATTACH ADDITIONAL SHEETS AS NEEDED.] Contracting Entity Name: __________________________________________________________

Business Address [NO./STREET] _______________________________

[CITY/STATE/ZIP CODE] ________________________________________

Telephone Number (_____)___________________________________

Email Address [OPTIONAL]___________________________________

Residence Address [NO./STREET] _______________________________

[CITY/STATE/ZIP CODE]_________________________________________

Telephone Number (_____)___________________________________


5% Owner(s) or More (IF NONE, STATE “NONE.”) Name: __________________________________________________________

Business Address [NO./STREET] _______________________________

[CITY/STATE/ZIP CODE]________________________________________ Telephone Number (_____)___________________________________


Residence Address [NO./STREET] _______________________________ [CITY/STATE/ZIP CODE]________________________________________ Telephone Number (_____)___________________________________


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6. Optional Information Contracting Entity and/or ___________________________________________ [NAME OF OWNER OR NON-PROFIT OFFICER] is actively protesting, challenging or appealing the accuracy and/or amount of taxes levied against _____________________________________ [CONTRACTING ENTITY, OWNER OR NON-PROFIT OFFICER] as follows:

Name of Debtor: _______________________________ Tax Account Nos. _______________________________ Case or File Nos. _______________________________ Attorney/Agent Name _______________________________ Attorney/Agent Phone No. (_____)_________________________ Tax Years _______________________________

Status of Appeal [DESCRIBE] _______________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Affiant certifies that he or she is duly authorized to submit the above information on behalf of the Contracting Entity, that Affiant is associated with the Contracting Entity in the capacity noted above and has personal knowledge of the accuracy of the information provided herein, and that the information provided herein is true and correct to the best of Affiant’s knowledge and belief. _______________________________________ Affiant SWORN TO AND SUBSCRIBED before me this ______ day of _____________, 20_____. (Seal) _______________________________________ Notary Public NOTE: This affidavit constitutes a government record as defined by Section 37.01 of the Texas Penal Code. Submission of a false government record is punishable as provided in Section 37.10 of the Texas Penal Code. Attach additional pages if needed to supply the required names and addresses.

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EXHIBIT V ANTI-COLLUSION STATEMENT

Anti-Collusion Statement

The undersigned, as Proposer, certifies that the only person or parties interested in this Proposal as principals

are those named herein; that the Proposer has not, either directly or indirectly entered into any Agreement,

participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in

connection with the award of this Contract.

__________________________ __________________________________ Date Proposer Signature

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EXHIBIT VI CONFLICT OF INTEREST QUESTIONNAIRE

CONFLICT OF INTEREST QUESTIONNAIRE: Chapter 176.006 of the Local Government Code (“the code”) requires a Vendor/Contractor to file a Conflict of Interest Questionnaire (CIQ) with the City. NOTE: Vendors/Contractors or Agents should not complete the CIQ if a conflict, as described below, does not exist. Only Vendors/Contractors or Agents that actually have a conflict, as described below, must file a CIQ. Who must file a CIQ? A Vendor/Contractor or Agent of a Vendor/Contractor does not have to file a CIQ unless they intend to enter or is considering entering into a contract with the City or:

1. has an employment or other business relationship with the Local Government Officer/Family Member; or

2. has given the Local Government Officer/Family Member one or more gifts with the aggregate value exceeding $250.00.

When must the Vendor/Contractor or Agent file a CIQ? The completed CIQ must be filed with the City Chief Procurement Officer not later than the 7th business day after the date the Vendor/Contractor or Agent:

1. begins discussions or negotiations to enter into a contract with the City; 2. submits an application to the City in response to a request for proposals or bids, correspondence, or

any other writing related to a potential contract with the City; 3. becomes aware of an employment or other business relations with the Local Government

Officer/Family Member; 4. becomes aware that he/she has given one or more gifts to the Local Government Officer/Family

Member that exceeds $250.00; or 5. an event that would make the CIQ incomplete or inaccurate.

What is a business relationship? Under Chapter 176, business relationship means a connection between two or more parties based on the commercial activity of one of the parties. The term does not include:

1. a transaction that is subject to a rate or fee regulation by a governmental entity; 2. a transaction conducted at a price and subject to terms available to the public; or 3. a purchase or lease of goods or services from a person who is chartered by a state or federal agency

and is subject to regular examination and reporting to that agency. The Conflict of Interest Questionnaire is available for downloading from the Texas Ethics Commission’s website at http://www.ethics.state.tx.us/forms/CIQ.pdf . The Original Conflict of Interest Questionnaire shall be filed with the Administration and Regulatory Affairs Department’s Record Administration (Lourdes Coss, City Chief Procurement Officer, 901 Bagby, Concourse Level, Houston, Texas 77002). Vendors and Contractors required to file shall include a copy of the form as part of the BID/Proposal package. Any questions about filling out this form should be directed to your attorney.

http://www.ethics.state.tx.us/forms/CIQ.pdf

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EXHIBIT VI CONFLICT OF INTEREST QUESTIONNAIRE

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EXHIBIT VII PRICE (FEE AND REVENUE SCHEDULE)

Proposers must complete the following and include with RFP submission: Floor Price, Processing, Marketing Fees, and Recyclable Revenue Share Minimum Recyclable Materials for Single Stream Collection

Material

Index

Current

Composition 1

Floor Price

($ per ton) 2

Processing/Marketing Fee 3

Recyclable

Revenue Share to City (%)4 MRF/Alternate Site

Delivery Location #1

Delivery Location #2

Old Corrugated Cardboard (OCC) and Paperboard OBM5 18.3%

Newspaper (ONP) OBM5 31.0%

Mixed Paper OBM5 0.1%

Aseptic packaging OBM5 0.0%

Metals – Steel Cans Recycling Markets6 3.4%

Metals – Aluminum Recycling Markets6 0.9%

Plastic bottles #1 (PET) Recycling Markets6 1.0%

Plastic bottles #2 (HDPE Natural) Recycling Markets6 1.5%

Plastics - PET Recycling Markets6 4.1%

Plastics - comingled Recycling Markets6 0.1%

Glass – 3 mix * Recycling Markets6 13.1%

Trash City rates7 26.5%

Total 100.0%

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EXHIBIT VII PRICE (FEE AND REVENUE SCHEDULE) CONTINUE

1. Current composition based on audit conducted April 2016 2. Shall be the proposed minimum price per ton for which the sorted and processed Recyclable Material is sold by the Contractor. The Floor Price (Floor) shall not be less than the

CSP for that given commodity 3. Shall be the per-ton fee charged to the City for processing and marketing of materials. For each ton delivered, the City shall pay one processing and marketing fee at the

location where such material ls delivered. Therefore, the processing and marketing fee at the Alternate Deposit Site shall include all costs to accept such material at the recycling transfer station and transfer, process, and market such material at the materials recovery facility.

4. OBM pricing based on High side Southwest Region 5. Recycling Markets.Net/Secondary pricing based on Houston market, high value: Week 1. 6. Recycling Markets.Net/Secondary pricing based on National Average 7. Assumed composition is for the purpose of evaluation of proposals only. Revenue and processing/marketing fees during the course of the Contract will be based on recovered

materials.

8. WN SMP refers to Waste News Secondary Materials Pricing.

9. Shall be included at the sole discretion of the City.

OBM refers to the Official Board Markets "Yellowsheet”

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ATTACHMENT “A” CITY OF HOUSTON – SWMD 2016 BI-WEEKLY RECYCLING COLLECTION SCHEDULE

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ATTACHMENT “B” CITY OF HOUSTON – SWMD 2016 HOLIDAY COLLECTION SCHEDULE (page 1 of 2)

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ATTACHMENT “B” CITY OF HOUSTON – SWMD 2016 HOLIDAY COLLECTION SCHEDULE (page 2 of 2)