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HomeMy WebLinkAbout1995-2147 - Ordinance - 09/14/1995ORDINANCE NO. 2147 AN ORDINANCE GRANTING TEXAS COMMERCIAL WASTE, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE FOR THE PRIVILEGE AND USE OF PUBLIC STREETS, ALLEYS, AND PUBLIC WAYS WITHIN THE CORPORATE LIMrrs OF THE CITY OF COLLEGE STATION FOR THE PURPOSE OF PROVIDING CERTAIN SINGLE-FAMILY AND DUPLEX RESIDENTIAL COLLECTION OF RECYCLABLE COMMODITIES; PRESCRIBING THE TERMS, CONDrrlONS, OBLIGATIONS, AND LLMITATIONS UNDER WHICH SAID FRANCHISE SHALL BE EXERCISED; PROVIDING FOR THE CONSIDERATION; FOR THE PERIOD OF THE GRANT; FOR ASSIGNMENT; FOR THE METHOD OF ACCEPTANCE; FOR REPEAL OF CONFLICTING ORDINANCES; AND FOR PARTIAL INVALIDITY. WHEREAS, the City of College Station, by ordinance, provides exclusively all solid waste collection and disposal services for solid waste aggregated from within the corporate limits of the City of College Station including but not limited to reeyclable commodities; and WHEREAS, the City of College Station may, by ordinance and charter, grant franchises to other entities for the use of public streets, alleys and thoroughfares within the corporate limits of the city and for the collection and disposal of solid waste generated from within the corporate limits of the City of College Station; and WHEREAS, the City of College Station desires to exercise the authority provided to it by ordinance and charter to grant a franchise for the collection of certain recyclable commodities that are generated from specified single-family and duplex residential locations within the corporate limits of the City of College Station; and WHEREAS, the City of College Station hereinafter referred to as "CITY", desires to grant this franchise to TEXAS COMMERCIAL WASTE, hereinafter referred to as "CONTRACTOR", under the terms of this Agreement as set out below; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, THAT: L DEFINITIONS 1. "Agreement" shall mean this contract between CITY and CONTRACTOR for the collection of certain recyclable commodities within the jurisdictional limits of College Station, under certain t6rms and conditions set out herein. rrw/c :/ordinance/recycle Ordinance No. 2147 Page 2 2. "TEXAS COMMERCIAL WASTE" (or "CONTRACTOR") shall mean the party contracting with CITY for the collection of recyclable commodities. 3. "Approved number of households" shall mean the maximum number of households that will be served pursuant to the terms of this Agreement, which number is to be determined by the City's Representative based on City building and development reports. 4. "Bags" shall mean weatherproofed, clear plastic sacks with an identifying mark that have the capacity to hold fifty (50) pounds of recyclable commodities in each sack and that are designed to store recyclables with sufficient wall strength to maintain physical integrity when lifted by the top. 5. "Brazos Valley Solid Waste Management Agency" (or "BVSWMA") shall mean the solid waste disposal agency that is jointly managed by the cities of Bryan and College Station, located in Brazos County, Texas. 6. "City Council" (or "Council") shall mean the governing body of the City of College Station. 7. "City's Representative" shall mean the Director of Public Services of the City of College Station or his designated appointee. 8. "Collection" shall mean the scheduled aggregation of recyclables by CONTRACTOR according to the terms governing scheduling contained in this Agreement. 9. "Contaminated" shall mean recyclable commodity that is mixed with solid waste or is altered in such a way that it has become unsalable. 10. "Customers" shall mean occupants of those designated single-family and duplex residences, as del'reed herein, that are located within the CITY limits and that generate recyclable materials, as deemed herein. 11. "Designated single-family and duplex residences" or "designated households" shall mean all single-family and duplex residences within the corporate limits of the City of College Station that receive utility service fi.om the City of College Station. rrw/c.'/ord inan ce/recyc le Ordinance No. 2147 Page 3 12. "Parties" shall mean the City of College Station and TEXAS COMMERCIAL WASTE. 13. "Recyclables" or "Recyclable Commodities" shah mean materials that have been recovered from the solid waste stream for the purposes of reuse or reclamation, a substantial portion of which is consistently used in the manufacture of products that may otherwise be produced using raw or virgin materials. "Recyelable commodities" or "recyelables" are not solid waste unless they are abandoned or disposed rather than reprocessed into another product. The "recyclable commodities" or "recyclables" encompassed by this Agreement are set forth in Addendum A to this Agreement. 14. "Residue" shall mean the material regularly associated with and attached to recyclable commodities, as a part of the original packaging or usage of that commodity, that is not recyclable itself. 15. "Single-family and duplex residences" or "single-family and duplex residential" shall mean and include a domestic establishment that is designed as a residential structure housing the members of either one or two families and receiving utilities from CITY. II. GENERAL DESCRIPTION OF SERVICES TO BE PROVIDED BY CONTRACTOR For and in consideration of the compliance by CONTRACTOR with the covenants and conditions herein set forth and the Ordinances and Regulations of CITY governing the collection and disposal of recyclable commodities, CITY hereby grants to CONTRACTOR a franchise for use of designated public streets, alleys and thoroughfares within the corporate limits of CITY for the limited purpose of providing collection of certain recyclable commodities specified herein from designated single-family and duplex residences within the corporate limits of the City of College Station. CONTRACTOR shall provide all reasonable, adequate and necessary supervision, supplies, equipment, labor, insurance and other skills and property required to fulfill each of its obligations under this Agreement. IlL AUTHORITY FOR CONTRACTOR TO PROVIDE SERVICE CITY hereby grants to CONTRACTOR the privilege to collect recyclable commodities from all designated single-family and duplex residences, not to exceed the rrw/c:/ordinance./recycle Ordinance No. 2147 Page 4 approved number of households as defined herein, using clear plastic bags that have the specifications set forth in this Agreement and that are to be provided by CONTRACTOR. IV. PRIORITY OF CONTRACT DOCUMENTS The priority of interpretation of the contract documents shall be as follows: 1. This signed Agreement. 2. The Statement of Work contained in the Bid Package. 3. The Request for Proposal contained in the Bid Package. 4. The CONTRACTOR's Proposal. Ve COMMODITIES TO BE COLLECTED CONTRACTOR shall collect and dispose of, according to the terms of this Agreement, all of the recyclable commodities set forth in Addendum A to this Agreement. Recyclables may be added to or deleted from the Addendum only by written and signed agreement of the parties. Deletion of a recyclable from the Addendum will be approved by the CITY upon a determination by the City's Representative that the market price for that recyclable has declined to the point that it is no longer economically advantageous to collect, process and sell the recyclable. CONTRACTOR shall not be authorized to begin collection of any additional recyclable commodities until the parties have agreed on the percentage return to be paid to CITY upon the sale of such recyclables. VI. DISPOSAL SITE TO BE USED It is anticipated that CONTRACTOR will sell the recyclable commodities in accordance with Section VII of this Agreement. Failing such marketing or sale, and unless approved otherwise in writing by CITY, CONTRACTOR shall utilize the BVSWMA landfill located on Rock Prairie Road, College Station, Texas, or any other Texas Natural Resources Conservation Commission-approved disposal site. The CONTRACTOR shall only use disposal sites that are lawful for municipal solid waste disposal and for disposal of all contaminated, unmarketable recyclable commodities, or the residue from such recyclables, collected by CONTRACTOR fi'om within the Ordinance No. 2147 Page 5 corporate limits of the City of College Station. Materials rejected for resale by CONTRACTOR because they do not meet the resale market's criteria for recycling or because they are contaminated shall be accepted at the BVSWMA landfill at no additional cost to CONTRACTOR. VII. RATES TO BE CHARGED BY CONTRACTOR CITY shall pay to CONTRACTOR for the cost of recyclable collection One Dollar and Seventy-five Cents ($1.75) per month per designated household for collection from designated households. Said payment shall be paid on CITY's receipt of a monthly invoice from CONTRACTOR. Payment shall be made within twenty (20) calendar days of the CITY's receipt of said invoice. The first invoice shall be sent to CITY no later than the twentieth (20th) calendar day following the end of the first calendar month of service by CONTRACTOR. Subsequent invoices to be sent to CITY no later than the twentieth (20th) calendar day of each month thereafter. Said invoice shall be a gross billing showing the number of single-family and duplex residences within the City of College Station served in the previous month by CONTRACTOR, the per unit charge(s), and the total invoice mount. The mount billed by CONTRACTOR to CITY shall be for service to all single-family and duplex residences located within the corporate city limits of the City of College Station, not to exceed the approved number of households as defined herein. CONTRACTOR understands that recyclable commodities collection service is provided to residents of the City of College Station through the CITY utility department. As new utility customers are added to the CITY's billing, the CITY shall notify CONTRACTOR of the additional customers who shah ten become a designated household for purposes of this Agreement. CONTRACTOR shall begin collection service for newly added designated households within one week of receipt of notice that the household has been added to the CITY's utility billing. It shall be CONTRACTOR's responsibility to deliver bags to newly designated households in advance of the fist collection date for each household. VIH. SALE OF RECYCLABLES CONTRACTOR agrees that all recyclable commodities that it collects and that have value will be sold to certified recycling vendors, brokers, toll end users or recycling manufacturers. CONTRACTOR also agrees that all of the salable recyclable commodities that it receives shall be recycled into usable products. CONTRACTOR 'rrwlc :/ordinance/reeyc le Ordinance No. 214 7 Page 6 further agrees that in no case will any uncontaminated recyclable commodities collected under this Agreement be deposited in a landfill. CONTRACTOR shall pay proceeds to the CITY for recyclable commodities collected based on the percentage of revenue recovery set forth for each recyclable in Addendum B. The percentage paid to the CITY shall be based on the following market indices: 1. Paper: set by the National Mill Buyers and Paper Recyclers in the publication called the "yellow sheet" or "OBM." 2. Metals: indices set by the American Metals Market, based in New York, N.Y. 3. Glass: index price set by Owens. 4. Other commodities: industry index price standards. An index specific to this region may be substituted for any recyclable commodity if written consent is obtained from the City's Representative. CONTRACTOR shall utilize its best efforts in finding the best available markets for the sale of the recyclable commodities collected under the terms of this Agreexnent. Payment of said revenues shall be tendered to CITY by CONTRACTOR along with the monthly report required to be submitted by CONTRACTOR under the terms of this Section. CONTRACTOR guarantees timely payment of such revenues. In the event that the CONTRACTOR fails to make any required payments to the CITY in a timely manner and in accordance with the terms of this Agreement, CONTRACTOR shall be required on demand by the City's Representative to post a deposit with CITY within twenty-four (24) hours, either by cash or assignment of certificate of deposit, in an amount equaling one-third (1/3) of the amount then due to the CITY. Failure to post the required deposit shall constitute a breach of this Agreement subject to the termination procedures provided in Article XIX herein. In the event that full payment of the balance due is made by the CONTRACTOR within ten (10) days of the date upon which the deposit is required to be posted with the CITY, then the deposit shall be applied to the balance due to the CITY. In the event that full payment is not made of the balance due to the CITY within ten (I0) days of the date upon which the deposit is required to be posted with the CITY, then the CITY may terminate this Ordinance No. 2147 Page 7 Agreement at its option and apply the deposit toward the outstanding balm~ce of payments due as well as the costs of collection and/or enforcement of this Agreement. If, during the term of this Agreement, alternate pricing for the sale of recyclable commodities can be identified that is more advantageous to the CITY, CITY shall advise CONTRACTOR in writing of this pricing. If the CONTRACTOR does not make good faith efforts to alter its resale arrangements such that it can pay CITY for recyclables under the more advantageous pricing structures, such failure by the CONTRACTOR shall constitute grounds for termination of this Agreement, and the CITY may notify CONTRACTOR under the applicable provisions of this Agreement of its intent to terminate this Agreement. If the Agreement is terminated under this provision, CITY may at its option purchase CONTRACTOR's equipment utilized for collection of recyclables under this Agreement at its appraised value. Said equipment shall be those items listed in Addendum C of this Agreement as it may be modified from time to time due to a change in equipment utilized by the CONIRACTOR. Two (2) appraisals of said equipment by appraisers mutually agreeable to both parties to this Agreement shall be conducted at CITY's expense. Purchase price shall be the average of the two (2) appraisals of said equipment. IXe REPORTING REQUIREMENTS Along with the payment to the CITY of the CITY's agreed share of revenue from the sale of the recyclable cmmnodities, CONTRACTOR shall provide a Monthly Recycling Activity Report to CITY that shall be due to the CITY no later than the twentieth calendar day of each month and smmnanzing the recycling activity for the previous calendar month. CONTRACTOR's report shall include the following information: The amounts of recyclable commodities collected, broken down according to date, route and type of material. Summaries of tonnage of all recyclable commodities collected, broken down by type of material. Sumanaries of tonnage of all recyclable commodities sold, broken down by type of material. Market price for each type of material collected and/or sold Ordinance No. 214 7 Page 8 Reports of all complaints and investigations concerning the CONTRACTOR and actions taken by CONTRACTOR in response thereto. A listing of monthly revenue derived from recyclables collected in the CITY under the terms of tlfis Agreement. Such information concerning the business of collection, processing and marketing of recyclable materials as may be required by the CITY's Representative. The mount of recyclables collected but not sold and the disposition of those commodities (landfill, being held, etc.) Each monthly report shall also include a statement from CONTRACTOR that all recyclable commodities that have value are actually sold to certified recycling vendors, brokers, toll end users or recycling manufacturers, that all of the salable recyclable commodities that it receives are recycled into usable product and that in no case will any uncontaminated recyclable commodities collected under this Agreement be deposited in a landfill. Xe INSPECTION OF RECORDS AND OPERATIONS The CITY shall have the right to inspect the facilities, equipment, personnel and operations of the contractor to assure itself of the appearance, sound business operations and compliance with contractual provision by the CONTRACTOR. The CITY shall have the right to inspect CONTRACTOR's records and all papers relating to the performance of this Agreement, including but not limited to information concerning the quality of recyclables collected, quantity of recyclables collected and sold, number of designated households served, gross amounts paid to CONTRACTOR from sale of recyclables, as well as amounts paid by CONTRACTOR for recycling collection equipment. Further, CITY shall have access to information regarding CONTRACTOR's markets and prices paid for each ~pe of material sold. To the extent authorized by the Texas Open Records Act, all information obtained by CITY shall remain confidential. The CITY agrees to notifij the CONTRACTOR at least twenty-four (24) hours prior to such inspection of operations or records. Ordinance No. 2147 Page 9 XI. COMPLAINTS REGARDING SERVICE/SPILLAGE CONTRACTOR shall make provision for receiving and resolving customer complaints and service issues pertaining to service under this Agreement. Except for calls from customers concerning missed collections, any complaints received by CITY shall be forwarded to CONTRACTOR within seventy-two (72) hours of their receipt by CITY, and CONTRACTOR shall respond to all complaints within forty-eight (48) hours of receiving a complaint from a customer or notice of a customer complaint from the CITY. Regardless of the nature of the complaint, CONTRACTOR shall report the action taken to CITY in accordance with Section IX of this Agreement. In the event that a customer notifies the CITY or the CONTRACTOR that his recyclable commodities were not collected at the scheduled time, then CONTRACTOR must collect those recyclables from that customer within twenty-four (24) hours of the time that CONTRACTOR is made aware of the customer's notification. Any missed collection, whether real or alleged, shall be the collection responsibility of the CONTRACTOR. XII. COMPLIANCE WITH APPLICABLE LAWS CONTRACTOR agrees that it shall comply with all laws, policies, ordinances, codes, rules and regulations of the United States, State of Texas, Brazos County and the City of College Station with regard to its performance of all aspects of this Agreemeut. In the event that the CONTRACTOR uses BVSWlVIA for disposal of materials that are collected under this Agreement, the CONTRACTOR agrees to comply with all BVSWlvlA regulations. All collections made under this Agreement shall be made by CONTRACTOR without unnecessary noise, disturbance, or commotion. XIII. COLLECTION PROCEDURES The CONTRACTOR shall provide bags for the recyclable materials to be collected under this Agreement. The CITY shall be responsible for educating the customers concerning the procedures for collection of recyclables. Under no circumstances shall CONTRACTOR cause to be placed or place bags on public streets, alleys and/or thoroughfares without the prior approval of the CITY's Representative. t?-w c /ord. tctnce'rect'cIc Ordinance No 2147 Page 10 CONTRACTOR shall initially provide and distribute to each designated household a sufficient supply of bags for the purpose of segregation and storage of materials to be collected for recycling. CONTRACTOR shall provide additional bags to customer in an efficient and timely manner through a reorder tag system and through a telephone order system. CONTRACTOR shall provide bags to customers within one week of receiving a reorder request from a customer. CONTRACTOR shall not be required to provide designated households ad&tionai bags, if it is determined by CITY that the household requesting additional bags is using them for proposes other than those set out in this Agreement. CONTRACTOR shall collect bags containing source separated recyclable commodities that are placed on the curb in front of each designated household, for collection during regular CITY solid waste collection hours of operation. CONTRACTOR shall use open bed trucks, trailers or compaction trucks, or any combination thereof, for collection of the recyclables. CONTRACTOR shall collect recyclables according to a collection schedule, including routes, that is submitted to the City's Representative for approval. Once a collection schedule has been approved, CONTRACTOR may only collect recyclables in the manner dictated by that schedule, unless otherwise approved in writing by the City's Representative. The schedule shall divide the City of College Station into five areas and provide a collection route for each area. One route is to be collected on each weekday, and each route shall be collected once per week regardless of weather conditions. However, in the event of severe weather or a CITY-designated emergency, the City's Representative may suspend CONTRACTOR's collection activities for as long as is necessary. Collection of recyclables may not co~mnence before 8:00 a.m, and CONTRACTOR shall use its best efforts to complete collection by 5:00 p.m, but in no event shall CONTRACTOR perform collection act~wt~es between 8:00 p.m. and 8:00 a.~n. on any day. In the event that CONTRACTOR wishes to alter an approved collection method, routes or schedules then existing, then such change must be approved in writing by the City's Representative. Once said change is approved, CONTRACTOR must provide notice to each designated household at its expense and in a manner that is approved by the City's Representative In the event that a scheduled collection day falls on an official holiday recognized by the CITY then recycling collection services may be cancelled on that date. When a scheduled collection is m~ssed due to the observance of such a holiday, the CONTRACTOR shall notify the affected customers of the holiday taken by the CONTRACTOR and shall noti~, those customers of the make-up collect,on date. Said Ordinance No. 2147 Page I 1 notification shall occur no less than forty-eight (48) hours in advance of the holiday and shall be approved in advance by the City's Representative. CONTRACTOR shall notify the City's Representative within sixty (60) minutes of any scheduled delay in the collection process. Such notice shall be accompanied by CONTRACTOR's proposal for completing the scheduled work within a reasonable time. Said proposal shall be subject to approval by the City's Representative. CONTRACTOR shall maintain equipment with which to perform its obligations under this Agreement that is acceptable to CITY, with sufficient carrying capacity for the efficient collection of recyclables from designated households. XIV. OWNERSHIP OF RECYCLABLES At any time after recyclable commodities have been placed outside for collection, such recyclable commodities shall be considered transferred to CITY for the purpose of sale or other disposal pursuant to the terms of this Agreement. Only the customer who placed said recyclable commodities outside for collection may take back such materials as the customer desires until such recyclable commodities have been collected by CONTRACTOR. At the time that the recyclables are collected by the CONTRACTOR, ownership of said recyclables shall transfer from the CITY to the CONTRACTOR, subject to a lien in favor of the CITY for any payment owed to CITY under this Agreement. XV. TRANSPORTATION OF RECYCLABLES The CONTRACTOR shall only transport collected recyclables for storage, processing, disposal or other necessary handling to locations and in a manner permitted by the terms of this Agreement as well as federal, state and local law. The parties agree that this Agreement does not authorize CONTRACTOR to utilize the streets, alleys or public ways to dispose of contractor, industrial or sohd waste. CONTRACTOR agrees that during transport of recyclable commodities, all vehicles used by CONTRACTOR in the removal of recyclable materials shall be covered to prevent release of refuse onto public streets or properties adjacent thereto. All eqmpment necessary for the performance of this franchise shall be in good condition and repair. A standby vehicle shall be available at all times for transport of recyclables. rt'~"c /oldtttt~n£e/tecy¢le Ordinance No 2147 Page 12 CONTRACTOR's vehicles shall at all times be clearly marked with CONTRACTOR's name and phone number in letters and numbers not less than three (3) inches in height. XVI. PROCESSING FACILITIES The CONTRACTOR's processing facility shall have sufficient capacity to handle the volume of recyclable commodities collected under this Agreement. The facility must be equipped to process all recyclable commodities in a safe and efficient manner within a reasonable amount of time. XVII. APPEARANCE OF EQUIPMENT AND PERSONNEL The CONTRACTOR shall ensure that the collection service equipment is attractively painted and that said equipment is washed at least one time per week. Collection service personnel shall work in a City-approved uniform. The City shall have the right to inspect and approve appearance of collection service equipment and personnel. XVIII. PUBLIC EDUCATION FUNDING CONTRACTOR shall pay to the CITY t~velve thousand dollars ($12,000.00) per year for the funding of the CITY's recycling public education program, including but not limited to education, marketing, promotion and advertising of recycling and waste reduction. Payment in the amount of six thousand dollars ($6,000.00) shall be made once every six months. The first payment shall be made on the date that this Agreement is accepted by CONTRACTOR. The notices and public education administered under this section of the Agreement shall not alter any obligation of CONTRACTOR to provide notice under other provisions of this Agreement. XIX. TERMINATION In the event that CONTRACTOR abandons, fats or refuses to perform any of its obligations under the terms of this Agreement, except where the inabfllty is due to force rt'~, ¢ tol'dtlltlllCt' I't'cyclt~ Ordinance No. 2147 Page 13 majeure, CITY shall be entitled to terminate this Agreement upon thirty (30) days notice. If said termination by the CITY occurs, the CONTRACTOR shall take all reasonable steps to mitigate any damages that may be incurred by the CITY by reason of such termination, and CONTRACTOR shall be liable for all expenses incurred by the CITY as a result of said termination of this Agreement. XXe NON-EXCLUSIVITY OF THE FRANCHISE Both parties understand and agree that nothing in this Agreement conveys to CONTRACTOR an exclusive franchise for the services described in this Agreement and that this Agreement is non-exclusive. The parties agree and ac'knowledge that the CITY may enter into a contract with another party for the disposal of solid waste or recyclable commodities not covered by the terms of this Agreement. The parties further agree that, in the event that the CITY develops other services or programs that result in commodities that may be recycled, including but not limited to multifamily structure recycling or commercial recycling, the CITY shall have the option to market these commodities through CONTRACTOR but it shall not be obligated to do so In the event that CITY and CONTRACTOR reach an agreement on the terms for recycling these additional commodities, such terms shall be incorporated into this Agreement by addendum. XXI. TERMINATION OF INDIVIDUAL SERVICE In the event that CONTRACTOR terminates service to any customer, CONTRACTOR must notify CITY by certified mail within forty-eight (48) hours of termination and state the reason for such termination. Upon written notice from the City's Representative that he or she does not fred that the customer's service was terminated for good cause, CONTRACTOR shall reinstitute service for that customer immediately, and the failure to do so may be considered grounds for termination of this Agreement by the CITY. The parties agree that the CITY's Representative shall be the final arbiter regarding whether the CONTRACTOR had good cause for termination of service to a customer. XXII. RELEASE AND INDEMNIFICATION CONTRACTOR assumes full responsibility for the work to be performed hereunder, and hereby releases, relinquishes, and discharges CITY, its officers, agents and employees, from all claims, demands, and causes of action of every kind Ordinance No. 2147 Page 14 and character including the cost of defense thereof, for any injury to, including death of, any person whether that person be a third person, CONTRACTOR, or an employee of either of the parties hereto, and any loss of or damage to property, whether the same be that of either of the parties hereto or of third parties, caused by or alleged to be caused by, arising out of or in connection with the grant of this franchise to CONTRACTOR, whether or not said claims, demands and causes of action in whole or in part are covered by insurance. CONTRACTOR agrees to and shall indemnify and hold CITY harmless and defend the CITY, its officers, agents and employees from and against any and ali claims, losses, damages, causes of action, suits, and liability of every kind, including ali expenses of litigation, court costs, and attorneys' fees, for injury to or death of any person, and for damage to any property, arising from CONTRACTOR'S negligence or from the CITY's own negligence, and arising out of or in connection with the performance of this Agreement, whether the CONTRACTOR'S negligence is the sole or concurring cause of the injury, death, or damages, and whether the CITY'S negligence is the sole or concurring cause of the injury, death, or damages. It is the express intention of the parties hereto, that the indemnity provided for hereinabove is indemnity by the CONTRACTOR to indemnify and protect the CITY from the consequences of both the CITY's own negligence, whether that negligence is the sole or a concurring cause of the injury, death or damage, and the CONTRACTOR's negligence, whether that negligence is the sole or a concurring cause of the injury, death or damage. XXIlI. INSURANCE For the duration of this Agreement, CONTRACTOR shall procure and maintain at its sole cost and expense insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work under the terms of this Agreement by CONTRACTOR, its agents, representatives, volunteers, employees, or subcontractors. CONTRACTOR's insurance shall be primary insurance with respect to the CITY, its officials, employees, and volunteers. Any insurance or self-insurance maintained by the CITY, its officials, employees, or volunteers, shall be considered in excess of CONTRACTOR's insurance and shall not contribute to it. Ordinance No. 21.47 Page 15 CONTRACTOR shall include any and all subcontractors as additional insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. Certificates of Insurance and endorsements shall be fumished to CITY and approved by CITY before work commences. A. STANDARD INSURANCE POLICIES REQUIRED Contractor General Liability Policy Automobile Liability Policy Worker's Compensation Policy B. GENERAL REQUIREMENTS APPLICABLE TO ALL POLICIES 1. General Liability and Automobile Liability insurance shall be written by a carrier with an A: VIII or better rating in accordance with the current Best Key Rating Guide. 2. Only Insurance Carders licensed and admitted to do business in the State of Texas will be accepted. 3. Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per occurrence basis for property dmnage. 4. Claims Made Policies will not be accepted. 5. The CITY, its officials, employees and volunteers, are to be added as "Additional Insured" to the General Liability and the Automobile Liability policies. The coverage shall contain no special limitations on the scope of protection afforded to the CITY, its officials, employees or volunteers. 6. A Waiver of Subrogation in favor of the City of College Station with respect to the General Liability, Automobile Liability, and Workers' Compensation insurance must be included. 7. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty tt'~ c q~td. ttmce recycle Ordinance No. 2147 Page 16 (30) days' prior written notice by certified mail, return receipt requested, has been given to the CITY. 8. Upon request, certified copies of all insurance policies shall be furnished to the CITY. C. CONTRACTOR GENERAL LIABILITY 1. Minimum Combined Single Limit of $1,000,000 per occurrence for Bodily Injury and Property Damage. 2. Coverage shall be at least as broad as Insurance Service's Office form number CG OO O1. 3. No coverage shall be deleted from the standard policy without notification of individual exclusions being attached for reviexv and acceptance. D. AUTOMOBILE LIABILITY 1. Minimum Combined Single Linfit of $1,000,000 per occurrence for Bodily Injury and Properly Damage. 2. The Business Auto Policy must show Symbol 1 in the Covered Autos Portion of the liability section in Ite~n 2 of the declarations page. E. WORKERS' COMPENSATION required. 1. Employer's Liability limits of $500,000/$500,000/$500,000 are 2. City of College Station shall be named as Alternate Employer on endorsement WC 99 03 O1 unless written tkrough TWCARP. 3. Texas Waiver Of Our Right To Recover From Others Endorsement, WC 42 03 04 shall be included in this policy. 4. "Texas" must appear in Item 3A of the Workers' Compensation coverage or Item 3C must contain the following: All States except those listed in Item 3A and the States of NV, ND, OH, WA, WV, WY. t r,w'c ,'orchnance tecvcle Ordinance No. 214 7 Page 17 F. CERTIFICATES OF INSURANCE 1. Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent, and shall contain provisions representing and warranting the following: The company is licensed and admitted to do business in the State of Texas. The insurance set forth by the insurance company is underwritten on forms which have been approved by the Texas State Board of Insurance or ISO. Co Sets forth all endorsements as required above and insurance coverages as previously set forth herein. Shall specifically set forth the notice of cancellation, termination, or change in coverage provisions to the Ci.ty of College Station. Original endorsements affecting coverage required by this section shall be furnished with the certificates of insurance. XXIV. ASSIGNMENT This Agreement and the rights and obligations contained herein may not be assigned by CONTRACTOR without the specific prior written approval of the C~.ty Council. XXV. SAFETY The CONTRACTOR agrees that all prudent and reasonable safety precautions associated with the performance of this Agreement are a part of the collection techniques for which CONTRACTOR is solely responsible. In its execution of its obligations under this Agreement, CONTRACTOR shall use all proper skill and care, and CONTRACTOR shall exercise all due and proper precautions to prevent injury to any property or person Ordinance No. 2147 Page 18 XXVI. AD VALOREM TAXES The CONTRACTOR agrees to render all personal property utilized in its performance of its obhgations under this Agreement to Brazos County Appraisal District so that said personal property located within the City on the first day of January in each year of the term of this Agreement will be the subject of ad valorem taxation for the benefit of CITY. XXVIL NOTICES All notices required to be given by either party to the other party under the terms of this Contract shall be in writing and, unless written notice of a change of address is given, shall be sent to the parties at the addresses following: CITY: Director of Public Services City of College Station P.O. Box 9960 College Station, Texas 77842 CONTRACTOR: Ronald Schmidt, General Manager Texas Commercial Waste P.O. Box 291 Bryan, Texas 77806 All notices shall be deemed to have been properly served only if sent by Registered or Certified Mail to the person(s) at the address designated above, or to such other person and/or address that either party subsequently designates as its address for notice, such designation to be made by written notice to the other party. rrw/c:/ordinancedrecycle Ordinance No. 2147 Page 19 XXVIII. AMENDMENTS It is hereby understood and agreed by the parties to this Agreement that no alteration or variation to the terms of this Agreement, including all addendmns hereto, shall be effective unless made in writing, approved and signed by both parties. XXIXe SEVERABILITY If any section, sentence, clause or paragraph of this Agreement shall be held to be invalid, illegal or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the invalid, illegal or unenforceable provision(s) of this Agreement with valid legal terms and conditions approximating the original intent of the parties. XXXe AUTHORIZATION TO EXECUTE The parties signing this Agreement shall provide adequate proof of their authority to execute this Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors or assigns as permitted herein. XXXI. TERM OF AGREEMENT The term of this Agreement shall be for a period beginning on October 1, 1995 and ending on September 30, 2000. XXXII. ACCEPTANCE OF AGREEMENT CONTRACTOR shall have five (5) days from the final passage and approval of this Ordinance in accordance with City Charter Section 120 to file its written acceptance theieof with the City Secretary. Upon the CONTRACTOR's acceptance being filed, this Ordinance shall take effect and be in force as of the filing date, and shall effectuate and make binding this Agreement. Ordinance No 2147 Page 20 By accepting this Agremnent. CONTRACTOR represents that it has. by careful examination, satisfied itself as to the nature and location of the work, the character, quality and quantity of work to be performed, the character of the equipment and facilities necessary to fulfill its obligations under this Agreement, as well as the general and local conditions and all other matters that in any way affect the work to be performed under this Agreement. LXXlII. CONTRACTOR'S DILIGENCE AND CARE CONTRACTOR shall use reasonable care and diligence in executing its obligations under this Agreement. XXXIV. ENTI RE AGREEMENT It is understood by the parties that this Agreement constitutes the entire agreement between the parties w~th respect to collection of recyclable commodities from designated households witlfin the CITY. It ~s fm-ther understood and agreed that there are no other agreements between these parties w~th regard to the collection and disposal of recyclable commodities fi'om designated households within the CITY. XXXV. ENFORCEMENT OF PROVISIONS Failure of any party, at an), rune, to enforce a provision of this Agreement. shall in no way constitute a waiver of that provision, nor in any way affect the validity of this Agreement, an), part hereof, or the right of such party thereafter to enforce each and every. provision hereof. XXX. VI. CAPTIONS AND HEADINGS The captions, section numbers and other such designations appearing in this Agreement are inserted only as a ~nal~er of convenience and in no define, limit, construe, or describe the scope or intent of such sections in this Agreement or in any way affect this Agreement Ordinance No. 2147 Page 21 XXXVII. PUBLIC HEARING It is hereby found and determined that the meetings at which this ordinance was passed were open to the public, as required by Article 6252-17, V.A.T.C.S., and that advance public notice of time, place, and purpose of said meetings was given. PASSED, ADOPTED and APPROVED by unanimous vote of the City Council of the City of College Station on this the X'4 day of ,_~.'~a_,,,~v~.,,, , 1995. APPROVED: ATTEST: Connie Hooks, City Secretary First Consideration & Approval: Second Consideration & Approval: Third Consideration & Approval: AUGUST 10, 1995 AUGUST 24, 1995 SEPTEMBER 14, 1995 rrw/c /o,'dmance/recvcle LETTER OF ACCEPTANCE OF FRANCHISE This letter will serve as our formal acceptance of the terms and conditions of the franchise agreement granted to Texas Commercial Waste, Inc. on September 14, 1995, by the City of College Station by enactment of Ordinance No. 2147 for the purpose of providing single family residential collection of recyclable materials. This ordinance takes effect on its passage and acceptance by this letter and has a term of 5 years from the date of acceptance. I acknowledge that failure to file this written acceptance with the City Secretary within the number of days provided for within the franchise will result in expiration of the franchise. Texas Commercial Waste, Inc. ADDENDUM A RECYCLABLE COMMODITIES Aluminum Used Beverage Cans (UBC) Clear Glass Brown Glass Green Glass Newspapers (ONP) with Ad Slicks and Magazines (OMG) Steel/Tin Bimetal Food Cans Automotive Lead Acid Batteries ADDENDUM B SALE OF RECYCLABLES PRICING SCHEDULE Aluminum Used Beverage Cans 100% plus (+) $.01 of high side pricing American Metals Market/Houston Clear Glass Brown Glass Green Glass Newspapers and Magazines Steel/Tin Food Cans Automotive Lead Acid Batteries 100% minus (-) $.0175 per pound Owens Brockway/Waco Published Price 100% minus (-) $.0175 per pound Owens Brockway/Waco Published Price 100% minus (-) $.0175 per pound Owens Brockway/Waco Published Price 100% Board Quote Unsorted Champion International/Houston 100% Board Quote Bryan Iron and Metal, Inc./Bryan 100% Board Quote Bryan Iron and Metal, Inc./Bryan ADDENDUM C EQUIPMENT LISTING 1990 Ford F-700 with G&H Model 8000 Container Carrier - Good Condition 1990 G&H Model 8960 Recycling Trailer -Good Condition (Equipment proposed for replacement in fiscal year 1996) SCOPE OF WORK-Residential Recycling Service 1. General Basis of Service - The City of College Station is requesting proposals from qualified contractors for collection, processing and marketing of source separated recydable commodities collected from approximately 10,000 single-family homes and duplexes located within the city limits and receiving utilities from the city. The collection work will generally consist of the collection of clear plastic bags placed at curbside by thc customers. (B) The City of College Station initiated recycling collection services in 1990. The current recycling service has a 40-60% monthly participation rate with a 1994 diversion rate of 9.5% from total residential solid waste. This service is a key component of the City's commitment to waste reduction in our Clean Cities 2000 Plan of Action. (c) The work to be performed under the contract agreement shall consist of the services defined in this scope of work and all supervision, supplies, equipment, labor, insurance and all other items necessary to complete said work in accordance with contract document. Should the City develop other services or programs resulting in commodities which may be recycled, including but not limited to apartment, multi-family, and commercial recycling, the City shall have the option to market these commodities or negotiate for collection services through the chosen contractor by addendum to the Agreement, but it is not obligated to do so. 2. Term of Conwact- The t~rm of this contract will be for a five (5) year period beginning on October 1, 1995 and ending on September 30, 2000. " 3. Notice to Make Examinations - The contractor shall inform himself of all conditions under which the work is to be performed and all other relevant m~t__ers that may affect both the quality of work and the quantity of labor, equipment and commodities needed. Make special note that College Station is currently undergoing a period of annual significant population growth. 4. Proof of Recycling- The contractor will certify to the City that all recyelable commodities which have value are in fact sold to certified recycling vendors, brokers, toll end users, or recycling manuPacmrers and that each of the recyclable commodities he receives is recycled into usable products. B. The contractor will guarantee that in no ease will the uncontaminated recyclable commodities collected under this contract be landfilled. 5. Ci _ty's Right of Inspection - Ao The City reserves the right to inspect the facilities, equipment, personnel and operations of the contractor to assure itself of tbe appearance, sound business operations and compliance with contractual provisions of the contractor. B. The City reserves the fight to ~tiew the records kept on the recyclabl¢ commodities collected from the City under terms of this contract. C. Thc City agrees to notify the contractor at least twenty-four (24) hours prior to such inspections. 6. Collection Methods - The contractor will be required to collect source separated recyclable commodities that have been placed at the curbside by City of College Station residents. The recyclable commodities will be inside [clear] plastic bags that will be provided to the customers by the contractor. The plastic bags will be able to hold 50 pounds and have some identifying mark for law enforcement purposes. The current program does not accept commingled commodities. Bo The contractor will have the option of collecting the recyclable commodities in either open bed trucks and/or tmU~ in compaction trucks. Cune~fly between 20 and 25 tons of reeyclable commodities are being collected per week. The number households on each week day route is approximately 2,000. The contractor shall provide adequate personnel equipment to be used in the collection and processing operations. 7. Distribution of Recycling Bags to Customers - Ao New Services - Notice of new households to be added to collection schedule and mutes will be sent to the contractor as they are added to the City's utility billing system. Recycling collection will begin one week after delivery of recycling bags and instructions to new customer by contractor. New households must be serviced within one week of re, ceipt of notice. Re-order of Additional Bags from City. It will be the responsibility of the contractor to provide additional bags to customers as flmy need more by providing a re-order tag system and telephone in a re-order service. Bags re- order should be delivered within one week of request. 8. Collection Routes - The City recycling service includes 5 mutes or areas; one route per weekday. Each mute services approximately 2,000 households. Each mute must be collected once per week, regardless of weather conditions, subject to the contract agreement provisions concerning severe weather and with the exception of approved holidays or city designated emergencies. A copy of the map of the current route areas is available fi-om the Department of Public Services upon request. 9. Collection Tune Schedules - Customers have been notified to place their bags at curbside before 8:00 a.m. on their scheduled collection day. Collection may not begin prior to 8:00 a.m., and should be completed by 5:00 p.m. Collection will not take place between 8:00 p.m. and 8:00 a.m. for customer safety/couaesy reasons. Collection is further restricted to a Monday through Friday collection schedule unless specifically authorized by the City Representative. 10. Changes to Collection/Routes/Tunes - 11. Each contractor shall submit proposed collection routes and schedules. If the contrac$or elects to alter the collection method, mutes and schedules already in effect, then a City-approved plan of customer notification must be provided to each household at the expense of the contractor. Holidays - In the event that an official holiday recognized by the City of College Station falls on a scheduled collection day then recycling collection services may be canceled on that date. When a scheduled collection day is canceled due to the holiday, the contractor shall notify the affextcd customers of the holiday taken by the contractor and the contractor shall notify the affected customers of a make-up collection day. The notification shall occur no less than forty-eight (48) hours in advance of the holiday and the notification and method of all such notification must be approved in advance by the City Rcpre~ntative. 12. Severe Weather - The City of College Station may suspend or the contractor may request suspension of recycling collection activities in the event of a flood, hurricane, or othcr act of God, or force Majeure which creates a state of emergency. Collection activities are expected to be provided regardless of weather unless otherwise approved by City Representative. The recydable commodities are contained by weather-proofing plastic bags. 13. Missed Collections - ifa customer notifies the City of Gollege Station or the contractor office that their recycling collection has been missed, then the contractor is responsible for collecting the missed recycling commodities. Any missed collection, whether real or alleged will be the collection responsibility of the contractor. It shall be unacceptable to reschedule a missed recycling collection for a later date. Curr~fly the City receives five (5) or less missed collection calls per day. 14. Delays- It shall be the responsibility of the conUactor to notify the City Representative within sixty (60) minutes of an unscheduled delay. This notification will include a proposal on how the scheduled days work will be performed. 15. Damages- Any damage to property whether public or private incurred during the operation of recycling collection services shall be the sole responsibility of the contractor. This includes repair/replacement of items such as fences, mail boxes and gas or water meters. The final decision on responsibility for property damage shall be made by the City of College Station Risk Manager. 16. Appearance of Equipment/Personnel - The appearance of recycling collection service equipment and personnel is impommt to thc City of College Station in that they are seen on a daily basis by the customers and citizens of the City. The collection service equipment must be attractively painted and .nhnll be washed at least once a week. The collection service personnel should be in some type of City- approved uniform to include at a minimum matching shirts with blue jeans or other standard. The City reserves the right to inspect and approve appearance. 17. Processing Site Facility - The contractors processing site must have s-fflcient capacity to handle the volumes of recyclable commodities collected under this contract. The site must be able to process all recyclable material in a safl~ and efficient manner in a reasonable amount of time. The site/facility does not have to be solely dedicated to this contract. The City reserves the right to inspect processing site/facility. The contractor must operate siteJfac/lity in accordance with all applicable federal, ~___te and local laws. 18. Recvclable Commodities- The contractor will furnish all labor, supervision, material, permits, licenses, and equipment necessmy to provide collection processing and marketing of thc following recyclable commodities: Required: A. Aluminum Beverage Cans (UBC) B. Glass - Clear, Brown, Green (separated) C. Newspapers (ONP) and Magazines/Ad Slicks (OMG) - [commingled] D. Stol food cans (tin cans) Optional: Please specify, types of commodities that you will agree to collect, process and market under this contract. A. Lead=Acid B_n__n_¢des B. Plastic SPI Code I (PET) polyethylene terephthalate (soda liter bottles) C. Plastic SPI Code 2 (I-IDPE) high density polyethylene [milk/water bottles(no pigment)] and/or [(juiceJlaundry bottles pigmented)] D. Mixed paper -junk mail, paper board, files, Krai~ paper bags, office paper E. Empty steel aerosol/paint containers Commodities may be added to or deleted from the contract by written agreement of the City and the contractor. Deletions of commodities to be recycled will be approved by the City upon a determination by the City Representative that the market price for any one or all of thc recyclable commodities designated to be accepted has declined to the point that such commodities can no longer be economically sold or processed. Based upon market verification, the material will be removed or deleted from the list of commodities accepted for recycling upon written approval by the City Representative. Additional commodities may be collected only with written consent of City and after establishing the current price to be paid to the City for each new commodity. 19. Reporting Requirements - The contractor will be required to submit Monthly Recycling Activity Reports on the collection processing and marketing of all recyclable commodities. The report is due by the 20th calendar day of each month (for the report of the month before) and should be accompanied by the payment to the City for its percentage of the proceeds from the sale of the recyclable commodities. The report shall include: A. Amounts of recyclable commodities collected by date, mute, and material B. Summaries of tonnage of all commodities collected by material C. Summaries of tonnage of all commodities sold by material D. Material market prices E. Other information pertaining to this contract will be provided upon request of the City Representative 20. Cost per Household - All contractors will submit information on calculation on the cost per household per month for the operations of this recycling service upon request of the City Representative. A cost of service per household per month will be billed by the city to customers through the City utility bill. The contractor will submit monthly invoices for approved number of households at the designated cost per month determined by contract. Approved aco__ml number of households are determined through City building/ development reports and can be updated quarterly by contacting City Representative. 21. Sale ofRecyclables - Proceeds to be paid to the City for recyclable commodities collected will be based on the percentage of revenue from the sale of the commodities that the contractor set forth in the accepted bid. The percentage paid to the City will be taken from market prices based on the following: Ao Paper - set by the National Mill Buyers and Paper Recyclers in the publication called the "yellow sheet" or "OBM". An index specific to this region may be substituted if written consent is obtained from the City Representative. Bo Metals - indexes set by the American Metals Market, based in New York, NY. An index specific to this region may be substituted if written consent is obtained from the City Representative. Co Glass - index price set by Owens. An index specific to this region may be substituted if written consent is obtained from the City Representative D. Other commodities - industry index price standards or regional indexes may be submitted for written consent from the City Representative. 22. Public Education Funding - To assure that the City of College Station waste reduction and diversion goals are met through this recycling service program, the City will administer the marketing public education and awareness programs on recycling. This will also assure that the City is given promotional credit for the program and that the City's logo is properly used. The contractor in good faith that increased marketing and public education will assure a successful program participation and generate recyclable commodities for sale shall pay the City the amount of $12,000 per year for public education, marketing, promotion and advertising of recycling and waste reduction. Payments will be made every six months beginning with the signing of the contract. The notices and public education administered by the City under this provision do not alter or dismiss any obligations of the contractor to provide notice under the other provisions of this scope of work. REQUEST FOR PROPOSAL SERVICES FOR THE COLLECTION, PROCESSING AND MARKETING OF RESIDENTIAL RECYCLABLE COMMODITIES RFP# 95-53 RFP DEADLINE -7/14/95 - 2:00 PM The City of College Station Sanitation division is requesting proposals for sendces for the collection, p~ and marketing of residential recyciable commodities from within the Corpotltte Limits of the City of College Station, Texas. Responses to this request for proposals .nh,nil include pricing for the recycling service and sale of the recyclable cemmodities. Your proposal should include the following: = Proposal Information = Attachment I - Pricing Schedules = Attachment II - Statement of Review of Scope of Work and Contract Agreement - Attachment HI Proposals are to be submitted in accordance with this RFP directions. Six (6) copies shall be submitted to V'wginia Kettier, Purchasing Agent, City of College Station, no later than July 14, 1995 at 2:00 p.m. The proposals should be mniled to the attention of: V'uginia Kettler, Purchasing Agent REF: Residential Recycling RFP//95-53 City. of College Station P.O. Box 9960 College Station, TX 77842 ffyou wish to deliver the proposals through non-postal channels, the street address is: City of College Station City Hall Purchasing Department, 2nd Floor 1101 Texas Avenue South College Station, Texas 77840 Any questions regarding this RFP should be directed to: City of College Station, Attention: Jim Smith, P.O. Box 9960, College Station, TX 77842. Questions should be submitted no iat~'thnn July 1, 1995. Responses to questions will be completed by July 7, 1995, and will be shared with all proposers. All proposals ~hall remain confidential ~ time of award by City Council. The top three (3) selected fm ~h~11 be ranked in order by city staff and ~h~11 be presentod for City Council approval to begin the negotiation process, in order ~nl~ed. The City of College Station is interested in selecting the proposal which best meets the following criteria. The criteria are not listed in any orde~ that reflects their ra~klng or impo~ trance. - Complete response to RFP - Conformance to legal, technical and business/financial requirements - Experience in collection, processing and marketing of recyclable commodities - Cost for service on a per household per month basis - Competitive prices and revenue sharing for the designated r~. clable commodities A description of the scope of work expected is attached for your information and review. Also, an example of the City of College Station's Contract Agreement is attached for your information and review. By submitting a proposal, your firm is agreeing to the terms and conditions outlined in this RFP packet. The/'mn selected during this process will be required to accept this agreement, subject to changes made by and approval of the City Conwact Review Committee and the City Council. The City of College Station reserves the right to accept or reject any and aH proposals and to accept the proposal considered the most advantageous to the City. Th~nk you for your time. We look forward to hearing your response. Attachment I - Proposal Information Should include the following information: BUSINESS 1. Firm's Name, Mnillng Address, Office Phone Number, Office Fax Number 2. FLrm's Physical Office Location Address 3. Names, Titles, Work Addresses and Telephone Numbers of Corporate Officers in office location listed above with authorized cmporate sj~cre and corporate seal. 4. Proposed schedule of personnel and o ~rCaniTztional chart for acoompli.~hing day to day work and otstomer service. 5. Number of employees engaged in providing the service, number of hours worked on service per week, and status (full-time, part-time, permanent, t~). 6. List of salaries, hourly wages and benefits to be paid to the proposed personnel working on this service program. , 7. The amount and type of training th~( will be provided each staff member assigned to work under this sel~ice program. 8. Resumes of key personnel. EQUIPMENT 9. Proposed list of equipment to be used for collection, processing and nmrketing of recydable commt~ditie~. The oq~meiR llst ~ include a description of the age, capacity, nmln~enance condition, and nomenclature of the equipment. This list ghall be updated annually. EXPERIENCE 10. Desaiption of thc overall qualifications, competency and experience in providing this service and the customer service support. I 1. Give three (3) ey~mples of ~imil~r collection, plD~/sing alld m~rketing program.~ within the past five (5) years. 12. List of references that include name, address, contact person and phone Dumber of present or previous clients for which this service or similar services were provided. Include term of contracts and length of time service was providecL MANAGEMENT PLAN 13. Provide a plan for implementation and sustained operation of the ~oop¢ of Work. 14. Provide a plan for customer service including requests for new and additional recycling bags. COmpl~intg, notification of holidays and missed recycling collection problems. 15. Provide a plan for public and employee safety and exposure control. 16. Provide a plan for quality assurance: reporting, proof of recycling, disposal of residual, contaminated and not marketable commodities. Attachment il- Pricing Schedules The City of College Station reques~ price proposals from qualified cont~ctors for collection, processing and marketing sendces from the residential recycling program. The proposal should be s~ated in price per household per month based on approximntely 10,000 households. Please note that due to si~t, nificant population growth the number of households may be updated on a quarterly basis. · per household per month for curbside recycling sendces The City of College Station requests price propor~ls from qualified contractors for ~he sale of recyclable commodities. The proposal should be stated as the percentage of the approved standard nmrket price that will be paid to the City of College Station for sale of the recyclable commodities collected under the residential recycling program. Recyclable Commoditi~: REQI.IIRED COMMODITIES: ALUMINUM USED BEVERAGE CANS (UBC) % CLEAR GLASS (SORTED) % BROWN GLASS (SORTED) % GI~F.N GLASS (SORTED) % NEWSPAPERS WITH AD SLICKS (ON'P) AND MAGAZINES (OMG) (COMMINGLED) % STEEL FOOD CANS (TIN CANS) % OPTIONAL COMMODITIES: May be ~d~_d_ed if contractor has secure market LEAD- ACID BATTERIES % NO BID PLASTIC BOTTLES SPI CODE 1 (PET) (SODA LITER) % NO BID PLASTIC BOTrLES SPI CODE 2 (HDPE) (MILK/WATER lUGS AND/OR JUICE/LAUNDRY BOTTLES) (SPECWY) % NO BID EMPTY STEEL AEROSOL/PAINT CONTAINERS % NO BID MIXED PAPER (JUNK MAIL. PAPER BOARD, OFFICE PAPER, FILES, KRAFt PAPER BAGS) (SPECWY) % NO BID OTHER (SPECIFY): % NO BID NOTE: A bid of 0% indicates that the commodity will be collected and has a secure mnrket but not a significant value. Attachment III - Statement of Review of Scope of Work and Contract Agreement To: The City of College Station, Texas Proposal of .(AN INDIVIDUAL, A PARTNERSHIP, AND/OR A CORPORATION) duly organized under the laws of the State of . The undersigned, having carefully read and considered the terms and conditions of the contract documents including the Scope of Work and the Contract Agreement for the Collection, Processing and Marketing of Residential Recyclable Commodities for the City of College Station , and being familiar with local conditions affecting the cost of work, does hereby offer to provide the services of collection, processing and marketing of recyclable commodities and to provide all labor, equipment, supplies, tools, insurance, supervision, and ali other items necessary to provide the services specified. BY: Signature of Authorized Corporate Officer Name and Title of Authorized Corporate Officer Name of Firm Address Telephone Number P.O. BOX 291 BRYAN, TEXAS 77806 (409) 775-7171 City of College Station 1101 Texas Avenue South College Stat ion, Texas 77840 Dear Sirs, It is a pleasure to submit for your approval the following proposal for tine collection, processing, and marl<etir, g of Reslder, tiai Recyclir, g commodities. As you are aware Residential Recycling was begur, as a pilot prograr,~ ir, 1990 usir, g Texas Commercial Waste as a service provider. In 1991 it was decided, based on the suc.-cess of the pilot program, to expand this service city wide. From the beginnir, g of the pilot program till ~oday '[exas Comr~ercial Waste and the City of College Station have provided its citizens with innovative and superior service. We look forward to the continuati¢,r, of this outstar, dir,g Public \ Private partnership. Sincerely, Ron Schr,~i d General Mar, ager INTRODUCTION AND HISTORY Texas Commercial Waste was established in 1981 as a transportation and solid waste management company to compliment Bryan Iron & Metal, Inc., a local recycler established in 1965. Both companies until 1965 were wholly owned subsidiaries of Lipsitz Industries, established in 1895 in Waco, Texas. Both businesses still enjoy common ownership with M. Lipsitz & Company along with Tyler Iron & Metal, Terrel Iron & Metal, San Antonio Iron & Metal, Oklahoma Iron & Metal, Brownwood Iron & Metal, Market Street Recycling, and Central Waste Container Service. For the past 15 years Texas Commercial Waste through a contract with the City of Bryan has provided roll-off collection service to Bryan's industrial customers. In addition tc, this contract Texas Commercial Waste also provides door to door collection services through its Brazos Area Garbage Service to approximately 1500 Brazos County residents. Other services provided by Texas Cornmercial Waste include container rental and repair, roll-off construction services and the providing of citizens Collection Stations for Brazos, Burleson, Leon and Robertson Counties. Texas Commercial Waste affiliate in Waco, Central Waste Container Services, provides solid waste services to the City of Waco and surroundir~g area. Central Waste also provides residential, comr~ereial and industrial solid waste services to the City of Woodway, Texas, a community c,f 12,000. rhe ~anageme~,t of Texas Commercial Waste is comprised of: TOMMY G. SALOME, President & CEO A graduate in accounting of Baylor University. Mr. Salome has served on the Governor's 1990 Joint Task Force on Waste Management Policy and is a past National Vice President of the Institute of Scrap Recycling Industries. MELVIN L. IPSITZ, JR. Vice President, Operations A graduate in business from the University of Texas, Mr. Lipsitz is a past presider, t of the Gulf Coast Chapter of the ir~t~tute ,-,f Sc'rap R~-~cycling Ir, dustries. RON SCHMID~, General Manager Mr. Schmidt attended Baylor University and presently holds a class A and class D Solid Waste Technician letter of competency from the Texas Natural Resource Conservation Commission. In addition Mr. Schmidt is a member of The American Public Works Association and currently serves as a member of B.V.D.C. Solid Waste Advisory Committee. Also, Mr. Schmidt is a member of the National Solid Waste Management Association and serves on its Legislative Steering Committee. He is also a Founding Member, Past President, and currently serves on the Board of Directors of Brazos Beautiful. JEFF BOECKER, Operations Manager Mr. Boecker is the former owner and manager of Sun Trash Service in Brenham, Texas. Mr. Boecker is a past member of the Legislative Steering Committee of the Texas Chapter of the National Solid Waste Management Association. MANAGEMENT PLAN Texas Commercial Waste operating out of its corporate office at .--'011 Hwy 21 West Bryan, Texas provides weekly pickup of recyclable commodities from single family homes and duplexes in College Station. The city is divided into five routes picking up approximately 10,000 individual households per week. Customers are asked to source separate commodities into clear plastic bags of 2 mil thickness. Commodities presently picked up are ~luminum Used Beverage Cans (UBC), Comingled News Paper and Magazines (ONP #6), Used Glass Containers (sorted into Flint, Amber, and Green), and Auto Batteries. Bags are distributed to the new customers by the City of College Station upor~ sta~ting utility service. Renewal is by call in to Texas Commercial Waste's local office or by leaving a tag on the last bag put out at curbslde. Days presently exe~pted from pickup are the following holidays: Newyears, Memorial Day, Independence Day, Labor Day, Thar~ksgiving, and Christmas with service resumed the following week. Ar~y c:omplair, ts such as missed pickups are har, dled withlr, 24 h,'-,ut~s c,f notlficatior,. Sorting and Processing of the material is done at Texas Commercial Waste's yard using labor provided under contract by Junction 505, a group providing employment for people with disabilities. Reports, Reporting quantities, Pricing, and Proof of Recycling are provided on a monthly basis to the Solid Waste Director of the City of College Station. Proposed changes to the present program include the comingling of Steel Cans and empty Aerosol Paint Containers with Aluminum (UBC). In 1996 we also intend to explore the collection of plastics, SPI #1 and SPI #2 upon moving into our new facility located on FM 2818 North in Bryan. The following are some of the highlights of the present program: * Most programs Nationwide are going to a Bag System vs. Tote Boxes because of labor savings and the reduction of contamination. Texas Commercial Waste was a pioneer lr~ this system. * Texas Commercial Waste irs partnership with Champion Recycling and the City of College Station was one of the first cor~munities allowed to comingle News Paper and Magazines. * Texas Commercial Waste has been recognized by the Texas M.H.M.R. Commission for providing jobs for people with disabilities· * College Station leads the State in curbside recycling and has been cited as a Model Program by the T.N.R.C.C.. * Phone Book recycling was included in 1995 during a special curbside campaign. * Texas Commercial Waste also participated w~th College Station, Bryar,, and B.V.S.W.M.A. in its highly succe~.s.sful H,-,usehold Hazardous Waste Collection progra~ recycling batteries. LOCATION Texas Commercial Waste P.O. Box 291 2011 Hwy 21 West Bryan, Texas 77806 409-775-7171 409-8,23--6283 fax ~$ EQUIPMENT 1990 Ford F-700 with G&H Model 8000 container carrier - Good Condition 1990 G&H Model 8960 Recycling trailer -- Good Condition (Equipment proposed for replacement in fiscal year 1996) PERSONAL Driver - One Full Time Pay Range $8.00 - $10.00 per hr. Helper - One Full Time Pay Range $6.0A - $7.50 per hr. Benefits include - company paid ur, iforms, paid vacation and holidays, safety bo~us program, hospitalization and major medical insurance, and a profit sharing retirement trust. Sorting -- Performed by Jur~ction 505 under a independent contract using three fuii time arid one part time er~ployees. Pay range $6.60 per r~lan hr. REFERENCES City of Bryan P.O. Box 1000 Bryan, Texas 77805 Program: Pilot Curbsi~e Rec.~yclir~g Contact: Roger Drew~ Phone: (409) 361-3600 City of College Station P.O. Box 9960 College Station, Texas 77842 Program: Curbside Recyclir~g Conta~_~t: Jim S~ith Phone: (409) 764-3690 City of College Station P.O. Box 9960 College Stat ion, Texas '77842 Progra~: Pilot Apart~ent Recycling Contact: Jim Smith Phone: (409) ?64-3690 JUNCTION ' FIVE-O-FIVE June 28, 1995 Reviewing Committee ' City Of College Station' .--- i am writing in support of the continuation of Texas Commercial Waste's recycling services. Junction Five-O'-Five beganworking with Ron Schmidt and Texas .' Commercial Waste during the pilot project for, recycling., Our workers assembled the ' bag packets that are dropped off to residents who participate in the curbside service. We still assemble the bundles for College Station's curbside collections. Mr. Schmidt has hired four (4) workers at his location 1o work the recyclable' material that is -" collected by his staff. These jobs show a commitment to recycling and our community that is exemplary. We have used Mr. Schmidt as a broker for our own collections. He has proven to be ~'eliable, honest and .helpful. This is especially significant since we run our own drop- . off recycling site. The efforts of Texas Commercial Waste through Ron Schmidt to provide needed waste managemen, t and recycling services keep most of the payroll in Brazos County. His management, expertise in his field and commitment to the community are assets that can not be measured in 'dollars and cents. Sincerely, Paul Fagan Executive Director 4410 COLLEGE MAIN o BRYAN, TEXAS 77801 · (409) 848-3870 College Station leads state with its recycling program By BRENT ZWERNEMAN Eagle staff writer College Station residents need look no further than their curbside for a model recycling program, because College Station's is the envy of many a city. its recycling coordinator says. "We've got cities like Beaumont, Piano and Austin calling il~ and asking, 'What are ya'll doing?"' said Katie Gibson, who has 5eeo in the position a little more than a year. What College Station is doing is leading the state in the amount of residential waste being recycled, she said. While most cities recycle about five to eight percent of their resi- dential waste, Gibson said College Station is averaging nine percent so ~'~ r in 1994, tops in the state. In fact, percent of College Station's resv uentml waste was recycled in October. Gibson said "It's the most successful curbside recychng program in the state," she sa~d. Gibson came to College Station fi'om Grand Prau'~e m October 1993. She had spent two years as recy- cling coordinator zn Grand Prairie and before that she was the econom- ic development coordinator for Lee Oounty. G~ddmgs and flw Glddmgs Chamber ot Commerce. %X~en a couple of ml wells went dry m Lee County. Gtbson's depart- ment was ehminated. She soon struck gold with the recvchng job in Grand Prmrie, however. "Recycling coordinator sounded interesting, so I tried it.' she said. And since Gibson has come to Co~ege Station. the city has been awarded something only eight other Texas cities with populations of more than 50.e~00 have-- a Clean Cities 2000 des~gnatmn. Granted by the Texas Natural Resource Conservation o ',m~tssmn. College Station is fcc- zed lbr it~ environmental and "These programs are an asset to the city because they attract bus.i esses and residents." KATIE GIBSON ..~ Co_liege station recycling coordinator , ~.,~&~b.~,. ~ recycling efforts through the award. Gibson said the city has tried hard to be environmentally-con- scious. "They've given me the resources to get the programs in place," she said. "I know what to do and [city officials] know what they want done. "It's a good match." Gibson said the programs would- n't be successful ff the public didn't follow through with participation, especially lately. For example, the recent telephone book collection in the Target park- ing lot brought 25 tons of phone books, 22 tons more than last year. The early October hazardous waste collection gathered 30 tons of hazardous waste, of which eight tons wore recycled and 22 disposed. Both events took place in heavy rains, but people still dropped off their hazardous waste or telephone books at a record rate, Gibson said, which was a credit to the communi- ty. "That's the kind of participation we're getting," she said, and then added with a laugh, "Of course, I was sick the rest of the week.", The hazardous waste collection was a joint effort between the cities of College Station and Bryan, the Brazes River AuthorRy and the Brazes Valley Development Gouncil. Gibson smd ~r m better to work w~th other eutnies on projects like these, because the response from the public is more widespread. She also said the Bryan-College Station media has been helpful in publicizing these programs "The media .is willing to covet' these events," she said, which helps because "if people don't hear about them they don't participate." Upcoming recycling events include a pilot apartment recycling program where the city will test dif. ferent ways to collect and recycle items at apartments. The program will start m January with seven apartment com- plexes and 1200 units and then grow if it is successful. "You don't go city wide with a program if it doesn't work," she said. The city also will soon c(mvert to a 450 gallon container for oil and fil- ter collection instead of its current use of barrels. The contai~ter will be placed near the Public Services building. 2613 S. Texas Ave., some time early next year, Gibson said. Gibson said the city's .'ommit- ment to the environment cra: pay off in economic development, I,,us add to Gonege Station's stature amoug the nation's cities. "These programs are an asset to the city because they attract busi- nesses and residents," sh,; smd "And i~ we're going to be the home of the George Bush Pres~dentml Library, we want to be a clean city" ~ Clt;y of= College St;at;Ion WHEREAS, College Station is a Clean Cities 2000 member and has a commitment to waste diversion and recycling; and, WHEREAS, College Station wants to celebrate Texas Recycle Day; and, WHEREAS, Texas Commercial Waste has volunteered to collect phone books on the College Station curbside recycling program from October 31st. - November 11th and Target has volunteered to host a drop-off collection on November 15th; and, WHEREAS, College Station has joined with Texas A&M University, City of Bryan, BVSWMA, and Brazos Beautiful to build on November 15th a visual stack of phone books from the community and dived them from the landfill to be recycled into useful products; and, NOW THEREFORE, I, Larry Ringer, Mayor of the City of College Station do hereby proclaim November 15th as: "TEXAS RECYCLE DAY" in College Station and urge all citizens of the community to participate in this event. APPROVED: REQUEST FOR PROPOSAL SERVICES FOR TH~ COLLECTION, PROCESSING AND MARKETING OF RESIDENTIAL RECYCLABLE COMMODITIES RFP# 95--53 RFP DEADLINE -7/14/95 - 2:00 PM The City of College Station Sanitation division is requesting proposals for services for the collection, processing and marketing of residential recyclable commodities from within the Corponte Limits of the City of College Station, Texas. Responses to this request for proposals shall include pricing for the recycling service and sale of the recyclable commodities. Your proposal should include the following: - Proposal Information - Attachment I - Pricing Schedules - Attachment H - Statement of Review of Scope of Work and Contract Agreement - Attachment III Proposals are to be submitted in accordance with this RFP directions. Six (6) copies shall be submitted to Virginia Kettler, Purchasing Agent, City of College Station, no later than July 14, 1995 at 2:00 p.m. The proposals should be mailed to the attention of: Vhginia Kettler, Purchasing Agent REF: Residential Recycling ~ 95-53 City of College Station P.O. Box 9960 College Station, TX 77842 If you wish to deliver the proposals through non-postal channels, the street address is: City of College Station City Hall Purchasing Department, 2nd Floor 1101 Texas Avenue South College Station, Texas 77840 Any questions regarding this RFP should be directed to: City of College Station, Attention: Jim Smith, P.O. Box 9960, College Station, TX 77842. Questions should be submitted no later than July 1, 1995. Responses to questions will be completed by July 7, 1995, and will be shared with all proposers. All proposals ,~lv, II remain confidential until time of award by City Council. The top three (3) selected finns shall be ranked in order by city staffand shall be presented for City Council approval to begin the negotiation process, in order ranked. The City of College Station is interested in selecting the proposal which best meets the following'criteria. The criteria are not listed in any order that reflecls their ranking or importance. - Complete response to RFP - Conformnnce to legal, technical and business/financial requirements - Experience in collection, processing and marketing of recyclable conunodities - Cost for service on a per household per month basis - Competitive prices and revenue sharing for the designated recvclable commodities A description of the scope of work expected is attached for your information and review. Also, an example of the Ci.ty of College Station's Contract Agreement is attached for your information and review. Bv submilting a proposal, your firm is agreeing to the lerms and conditions outlined in this RFP packet. '14ae firm selected during this process will be required to accept this agreement, subject to changes made by and approval of thc City Contract Review Committee and the City Council. The City of College Station reserves the righl to accept or reject any and all proposals and to accept the prop6sal considered the most advantageous to the City. Thank you for your time We look forward to hearing your response. Attachment I- Proposal Information Should include the following information: BUShNESS I Finn's Nmne. Mailing Address. Office Phone Nunlber. Office Fax Number · Finn's Physical Office Location Address 3. Nmnes~ Titles, Work Addresses and Telephone Numbers of Corporate Officers in office location listed above with authorized corporate signature and corporate seal. PERSONNEL 4. Proposed schedule of personnel and organizational chart for accomplishing day to day work and customer service. 5. Number of employees engaged in providing the service, number of hours worked on service per week, and status (full-time, part-time, permanent, temporary). 6 List of salaries, hourly wages and benefits to be paid to the proposed personnel working on this service program. 7 The amount and type of training that will be provided each staff member assigned to work under this service program 8 Resumes of key personnel EQUIPMENT 9. Proposed list of equipment to be used for collection, processing and marketing of recyclable commodities. The equipment list shall include a description of the age, capacity, maintenance condition, and nomenclature of the equipment. This list shall be updated ,annually. EXPERIENCE 10. Description of the overall qualifications, competency and experience in providing this service and the customer service support. i 1. Give three (3) examples of similar collection, processing and marketing programs within the past five (5) years. 12 List of references that include name, address, contact person and phone number of present or previous clients for x, hich this service or similar services were provided include term of contracts and length of time service was provided. MANAGEMENT PLAN 13. Provide a plan for implementation and sustained operation of the Scope of Work. 14 Prox idea plan for customer sen'ice including requests for nexv and additional recycling bags. complaints, notification of holidays and missed recycling collection problems. 15 Pro~ idea plan for public and employee safety and exposure control. It, Provide a plan for qualit.~ assurance reporting, proof of re~'cling, disposal of residual. co{Haminated and not m:lrkelablc co~nmodilies Attachment H = Pricing Schedules Thc City of College Station requests price pwposals from qualified contractors for collection, processing and marketing services from thc residential recycling program: The proposal should be stated in price per household pa' month b~md on spproximately 10,000 households. Please note that due to si~--ificant population Erowth the number of households may be updated on a quarterly basis. $ 1 · 7 5 * per household per month for curbside recycling services The City of College Station requests price proposals from q,,-iified contractors for the sale of recyclable commodities. The proposal should be stated as the percentage of the approved standard m-deer price that will be paid to the City of College Station for sale of the recyclable commodities gollected under the residential recycling program. RecyclableConunodities: (All pricin9 established as o~:'fiist day of month of pickup) REQUIRED COMMODITIES: ALUMINUMUSEDBEVERAGECANS(UB~ 1009 plu~ American Metals $.01 of Highside Pricing Market / Houston CLEAR GLASS (SORTED) BROWN GLASS (SORTED) GREEN GLASS (SORTED) NEWSPAPERS WFFH AD SLICKS (ONP) AND MAGAZINES (OMG) (COMMINGLED) 1009 les~ .0175 per lb 1009 les~ Owens Brockway .0175 per lb Published Price 100% les~ .0175 per lb 100 % Champion Int. Quoted Unsorted 100 % BI&M Inc Board Price STEEL FOOD CANS frIN CANS) OPTIONAL COMMODITIES: May be add~i if contractor ires secure market LEAD- ACID BATTERIES 100 NO BID . PLASTIC BOTTLES SPI CODE I (PET) (SODA LITER) % X NOBID ** PLASTIC BOTrLES SPI CODE 2 (HDPE) (MILK/WATER JUGS AND/OR JUICE/LAUNDRY BOTTLES) (SPECIFY) % X NOBID ** EMPTY STEEL AEROSOL/PAINT CONTAINERS (must be punctured) MIXED PAPER (JUNK MAIL. PAPER BOARD, OFFICE PAPER, FILES, KRAFT PAPER BAGS) (SPECIFY) 100 % NOBID * % X NOBID *** OTHER (SPECWY): % NO BID NOTE: Abidof0%in~testhatflmcommo~ty willbecollect~ and ~sasecuremarkctbutnota significantvalue. * Bryan Iron & Metal Inc. (BI&M) Board Price ** Will consider addition to program in 1996/ upon move in to new recyclin9 facility *** Can provide drop box collection system for mixed paper items Attachment Ill - Statement of Review of Scope of Work and Contract Agreement To: The City of College Station, Texas Proposal ofT~.x~s c0MMERCX~;, w~s?~. .(AN INDIVIDUAL, A PARTNERSHIP, AND/OR A CORPORATION) duly organized under the laws of the State of ~.x~s . The undersigned, having carefully read and considered the terms and conditions of the contract documents including the Scope of Work and the Contract Agreement for the Collection, Processing and Marketing of Residential Recyclable Commodities for the City of College Station , and being familiar with local conditions affecting the cost of work, does hereby offer to provide the services of collection, processing and marketing of recyclable commodities and to provide all labor, equipment, supplies, tools, insurance, supervision, and all other items necessary to provide the services specified. BY: Signature of Authorized Corporate Officer Ronald Schmid% General Manager Name and Title of Authorized Corporate Officer Texas Commercial Waste Name of Firm 2011 HWy 21 West Bryan, Texas 77803 Address 409-775-7171 Telephone Number In 1933, Melvin kipsitz, Sr. joined his father, kouis Lipsitz, and together they relocated the business to the comer o[ Franklin and First streets in downtown Waco. Melvin married Thelma Shelf in 1935, and for fifteen years the two of them worked together in the business as their family grew with the births of their son, Melvin, Jr. and daughter, Lynne. Excellence that runs a century deep... The year was 1895 when Louis Lipsitz began a small recycling operation on Bridge Street, near the banks of the Brazos River in Waco, Texas. The business of the day was buying and selling scrap copper, iron, brass, rubber, glass, and animal hides and bones. Lores Lip>itz 1875-1948 Melvin L~psitz, Sr., 1913-1969 Requiring more space, the operation eventually grew into its present 20-acre headquarters at 100 Elm Street in Waco. What began as a small, private enterprise 100 years ago has become one of the most prominent scrap recycling firms in the Gulf Coast region. Thelma Lipsitz Lynne Lipsitz ~×c¢~.~.¢~c¢ ~ ~¢c~o~o~¥... '~he l'tararnerrnills~' shredder processes automobiles and appliances, grinding the material into a haole manageable and uni[orra size. The recent addition o[ a second wet scrubber and special filtering equipraent enSUres that emiSsions are [ar deaner than environmental regulations require. M. Lipsitz & Company has built a reputation for providing a higher quality end product. In order to maintain this preferred level of consumer satisfaction, the wire chopping operation is constantly monitored and updated to utilize the latest processing technologies. One such improvement includes a machine originally designed to remove stones from peanuts which M. Lipsitz & Company has uniquely adapted to separate small pieces of chopped aluminum and copper. Excellence in the way we do business... The Accounting Division at M. Lipsitz and Company is designed so management can access costing and inventory control information at any time and know exactly where the company stands fiscally. With each department of the company being allowed to function as an independent profit center, a departmental cost accounting system permits all aspects of the business to be considered in each decision-making process. The philosophy of M. Lipsitz & Company is based on the up-front approach: paying a realistic price and being straightforward about it. Not only does the company post their prices for public view, they will often share their own costing information with a supplier, supporting the company's belief in always offering fair market value to its customers. In order to provide consistent and efficient service, M. Lipsitz & Company maintains a complete line of trucks, trailers and containers. This commitment provides yet another example of the way that the company satisfies the needs of its customers. Scrap metal received at all M. Lipsitz & Company recycling facilities is identified and sorted into specific grades. The scrap is then processed by shredding, boxing, or compressing into large and small packages, then shipped to mills to be made into new products. M. Lipsitz and Company's aggressive management style is evident by the concrete paving of all work areas on its 20-acre processing facility in Waco. The hard surfacing helps keep equipment cleaner, minimizing maintenance and reducing lost work days due to bad weather. Marketing of all scrap processed by M. Lipsitz & Company and its locations is coordinated from the Waco plant. Tom Salome, Melvin Lipsitz, Jr., and other members from the management team in Waco's home office frequently visit each of the satellite operations and customers with the focus on guaranteeing company objectives and customer satisfaction. RECYCLING COMPANIES M. LIPSITZ AND COMPANY, INC. 100 Elm Street Waco, Texas 76704 Phone 817-756-0001 Fax 817-752-0175 BROWNWOOD IRON&METAL 1500Melwood Brownwood, Texas 76803 Phone 915-646-7058 Fax 915-646-7058 BRYAN IRON & METAL 2011 Highway 21 West Bryan, Texas 77803 Phone 409-775-7190 Fax 409-823-6283 MARKET STREET RECYCLING 8700 Market Street Houston, Texas 77029 Phone 713-676-2621 Fax 713-676-0205 NATIONAL STEEL COMPRESSING 726 El Paso San Antonio, Texas 78207 Phone 210-227-4687 Fax 210-227-4694 OK IRON & METAL 700 P Street Northeast Ardmore, Oklahoma 73401 Phone 405-223-2283 Fax 405-223-2688 TERRELL IRON&METAL 1030 South Delphine Ter~ll, Texas75160 Phone 214-563-5386 Fax 214-563-6607 TYLER IRON & METAL 1630 West Northwest Loop 323 Tyler, Texas 75702 Phone 903-592-8144 Fax 903-592-8147 INDUSTRIAL WASTE COMPANIES CENTRAL WASTE CONTAINER SERVICE 1800LaSalle Avenue Waco, Texas 76706 Phone 817-753-2501 Fax 817-753-6345 TEXAS COMMERCIAL WASTE 2011 Highway 21West Bryan, Texas 77803 Phone 405-775-7171 Fax 409-823-6283 Pnnled on Recycled Paper