Processing__Marketing_and_Sale_of_Recyclable_Materials___Metals.pdf

REQUEST FOR BIDS

2027-03

PROCESSING, MARKETING AND SALE OF RECYCLABLE

MATERIALS & METALS

City of Edinburg

415 W. University Drive

Edinburg, TX 78541

RELEASE DATE: August 19, 2026

DEADLINE FOR QUESTIONS: August 28, 2026

RESPONSE DEADLINE: September 8, 2026, 3:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/cityofedinburg https://secure.procurenow.com/portal/%7bproject.government.code%7d

City of Edinburg

REQUEST FOR BIDS

Processing, Marketing and Sale of Recyclable Materials & Metals

I. Introduction II. Legal Notice

III. Instructions, Terms and Conditions IV. Specifications V. Vendor Questionnaire

VI. Pricing Proposal

Request for Bids #2027-03 Title: Processing, Marketing and Sale of Recyclable Materials & Metals

1. Introduction

1.1. Summary

City of Edinburg (COE) Department of Solid Waste Management, hereinafter referred to as the City, is soliciting sealed bids from entities qualified and experienced in recyclable materials processing and marketing services to accomplish the following: receiving, sorting, processing, storing, marketing, selling, and transporting of recyclable material and metals collected from the City’s Drop Off Center, Commercial Recycling Collection Program and Office Recycling Programs.

1.2. Background

QUANTITIES:

The City reserves the right to increase or decrease the quantities of each group depending on availability of funds. Quantities estimated are approximate, based on projected usage during a twelve (12) month period. The unit bid prices acquired for this contract are to remain the same for the period designated in the agreement whether the City buys more or less than the estimated quantities of the product bid.

Purchase order: A purchase order will be issued for the entire bid amount to the selected vendor(s);

however, the material will be delivered on an as needed basis. An invoice will be submitted at the time of each delivery.

SUBCONTRACTING: The successful submitter may not subcontract the award without the written consent of COE.

TERM The initial term of the contract shall be for one year starting from awarded date.

BIDDER RESPONSIBILITY: It is the responsibility of each vendor before submitting a proposal:

• To examine thoroughly the contract documents and other related data identified in the proposal documents.

• To visit the site to become familiar with and satisfy vendor as to the general, local, and site conditions that may affect cost, progress, performance, etc.

• To consider federal, state, and local laws and regulations that may affect costs, progress, performance or furnishing of the work.

• To study and carefully correlate vendor's knowledge and observations with the contract documents and such other related data.

• To promptly notify COE Purchasing of all conflicts, errors, ambiguities, or discrepancies which vendor has discovered in or between the contract documents and such other related documents.

1.3. Contact Information

Project Contact:

Dalinda Cardenas

Administrative Specialist

PO Box 1079

8601 N. Jasman Rd

Edinburg, TX 78540

Email: dcardenas@cityofedinburg.com

Phone: (956) 381-5635

Procurement Contact:

Lorena Fuentes

Purchasing Manager

415 W. University Drive

Edinburg, TX 78539

Email: lfuentes@cityofedinburg.com

Phone: (956) 388-8972

Department:

Solid Waste

Department Head:

Ramiro Gomez

Solid Waste Director

1.4. Timeline

Release Project Date August 19, 2026

Question Submission Deadline August 28, 2026, 3:00pm

Proposal Submission Deadline September 8, 2026, 3:00pm mailto:dcardenas@cityofedinburg.com tel:(956)381-5635 mailto:lfuentes@cityofedinburg.com tel:(956)388-8972

2. Legal Notice

2.1. Notice to Respondents

The City of Edinburg is soliciting competitive sealed bids from qualified vendors for Processing, Marketing and Sale of Recyclable Materials & Metals

Sealed Bids should be submitted electronically or received by the City Secretary’s Office no later than:

3:00 pm, Tuesday, September 8, 2026.

All sealed bids should be received either electronically or at the designated location or by the deadline shown above/ Bids received after the deadline will not be considered for the award of the contract and shall be considered void and unacceptable.

All bids will be opened and bidder's names publicly read aloud promptly in the City Hall Community

Room, 1st Floor, at 415 W. University Dr. Edinburg, TX 78539 at 3:00 pm, Tuesday, September 8, 2026.

To obtain a copy of the Invitation to Bid or submit an electronic proposal please visit:

https://procurement.opengov.com/portal/cityofedinburg

If a Bidder chooses to submit a Hard Copy Bid, it must be delivered in a sealed envelope, with a return address and clearly marked "City of Edinburg Bid. 2027-03" to the City Secretary's Office prior to the bid opening date and time. The receiving time in the City Secretary's Office will be the governing time for acceptability of the bids. The Bidder's firm name shall appear on the outside of the envelope.

Submit Bids To:

If submitting Electronic:https://procurement.opengov.com/portal/cityofedinburg

If Hand-Delivering Bids: 415 W. University Drive c/o City Secretary Department (1st Floor)

Bids will not be accepted by telephone or facsimile machine. All bids must bear original signatures and figures.

If you have any questions o require additional information regarding this bid, you may contact Lorena

Fuentes, Interim Purchasing Manager, please submit your questions via OpenGov at the website listed above no later than 3:00 pm, Friday, August 28, 2026

The City of Edinburg reserves the right to refuse and reject any or all Bids and to waive any or all formalities or technicalities and to accept the Bid deemed most advantageous to the City, and hold the

Bids for a period of 60 days without taking action.

https://procurement.opengov.com/governments/portal/cityofedinburg https://procurement.opengov.com/governments/portal/cityofedinburg

3. Instructions, Terms and Conditions

3.1. Instructions to Bidders

PURPOSE

The purpose of these solicitation documents is to provide a Bids for: Processing, Marketing and Sale of

Recyclable Materials & Metals

The ITEMS to be furnished under this bid shall be as specified in these bid documents. All specifications/requirements shown are minimum. There is no intention to disqualify any bidder who can meet these specifications/requirements.

SUBMITTAL OF "HARD COPY" BID

If submitting a Hard Copy Bid, it must be submitted in a sealed envelope by the vendor. Submit two (2) complete sets of the bid, one (1) original marked "ORIGINAL" and one (1) digital copy in a flash drive.

Each bid must be completely filled out and SUBMITTED IN ORIGINAL FORM complete with all the supporting documentation

If Hand-Delivering Bids: 415 W. University Drive c/o City Secretary Department (1st Floor)

If submitting Electronic:https://procurement.opengov.com/portal/cityofedinburg

PREPARATION OF BID

Bids MUST give full firm name and address of bidder, and be manually signed. Failure to do so will disqualify your bid. Person signing bid must show title or AUTHORITY TO BIND HIS/HER FIRM IN A

CONTRACT. Firm name and authorized signature must appear on each page that calls for this information. The legal status of the Respondent/Bidder whether corporation, partnership, or individual, shall also be stated in the bid. A corporation shall execute the bid by its duly authorized officers in accordance with its corporate by-laws and shall also list the state in which it is incorporated. A partnership Respondent/Bidder shall give full names and addresses of all partners. All partners shall execute the bid. Partnership and Individual Respondent/Bidder shall state in the bid the names and addresses of all persons with a vested interest therein. The place of residence of each

Respondent/Bidder, or the office address in the case of a firm or company, with county and state and telephone number, shall be given after the signature.

DEVIATION FROM SPECIFICATION

Please read your specifications/requirements thoroughly and be sure that the ITEMS offered comply with all specifications/requirements. Any variation from the specifications/requirements must be clearly indicated by letter attached to your bid referencing variations on a point-by-point basis. If no exceptions are noted, and you are the successful bidder, it will be required that the ITEMS be provided as specified.

ALTERATIONS/AMENDMENTS TO BID

https://procurement.opengov.com/portal/cityofedinburg

Bids CANNOT be altered or amended after opening time. Alterations made before opening time must be initialed by bidder guaranteeing authenticity. No bid may be withdrawn after opening time without acceptable reason in writing and only after approval by the City of Edinburg.

SALES TAX

State sales tax must not be included in the bid.

SUBSTITUTIONS

No substitutions or cancellations will be permitted without written approval of City of Edinburg.

NO BID RESPONSE

If unable to submit a bid, bidder should return inquiry giving reasons.

EXCEPTIONS

Any additions, deletions, or variations from the following specifications/requirements must be noted.

The bidder shall attach to his/her bid sheet a list of any exceptions to the specifications/requirements if unable to do so, on specification sheet.

BRAND OR MANUFACTURER REFERENCE

Unless otherwise specified, any catalog or manufacturer’s reference or brand name used in describing an item is merely descriptive, and not restrictive, and is used only to indicate type and style of product desired. Bids on alternate brands will be considered if they meet specification requirements. If a bidder quotes on equipment other than the one(s) specified in the bid, sufficient specifications and descriptive

(pictured literature) data must accompany same to permit thorough evaluation. In the absence of these qualifications, he/she will be expected to furnish the product called for.

DELIVERY

Number of days required to deliver ITEMS after receiving order must be stated in the bid. Failure to so state will obligate bidder to complete service delivery within ONE day.

DELAY IN SERVICE DELIVERY

When delay can be foreseen, Bidder shall give prior notice to City of Edinburg. Bidder must keep City of

Edinburg advised at all times of status of order. Default in promised service delivery (without acceptable reasons) or failure to meet specifications/requirements, authorizes the City of Edinburg to purchase such ITEMS elsewhere and charge increase in cost to defaulting vendor. Acceptable reasons for delayed delivery are as follows: Acts of God (floods, tornadoes, hurricanes, etc.), acts of government, fire, strikes, war; Actions beyond the control of the successful bidder.

SERVICE DELIVERED PRICING

Bids in units of quantity specified - extend and show total. In the event of discrepancies in extension, unit prices will govern. Bids subject to unlimited price increase will not be considered.

RIGHT TO REJECT/AWARD

The City of Edinburg reserves the right to refuse and reject any or all Bids, and to waive any or all formalities or technicalities, and to make such awards of contract as may be deemed to be the best and most advantageous to the City of Edinburg.

MULTIPLE VENDOR CONTRACTS

Bidders are advised that the City of Edinburg may award Service Contracts to multiple vendors based on low bid per item basis. All items specified on the “Bid Form” must reflect the individual unit prices. The

City of Edinburg reserves the right to award all items individually or in any combination thereof.

INDEMNIFICATION CLAUSE

The Bidder agrees to indemnify and save harmless the City, from all suits and actions of every nature and description brought against them or any of them, for or on account of the use of patented appliances, products or processes, and he shall pay all royalties and charges which are legal and equitable. Evidence of such payment or satisfaction shall be submitted upon request of the Purchasing

Agent, as a necessary requirement in connection with the final estimate for payment in which such patented appliance, products or processes are used.

ADDENDA

Bidder shall carefully examine the bid forms, specifications/requirements, and instructions to Bidders.

Should the bidder find discrepancies in, or omissions from bid forms, specifications/requirements, or other documents, or should he/she be in doubt as to their meaning, he/she should request an interpretation via the OpenGov portal:https://procurement.opengov.com/portal/cityofedinburg and obtain clarification by addendum prior to submitting any bid. Explanations, interpretations, and supplemental instructions shall be in the form of written Addenda which shall become a part of the

Contract documents. Said Addenda shall available through the e-procurement portal and e-mailed to all prospective Bidders. All Addenda issued in respect to this project shall be considered official changes to the original bid documents. Verbal statements in response to inquiries and/or requests for explanations shall not be authoritative nor binding. It shall be the Bidder(s) responsibility to ensure that they have received all Addenda in respect to this project. Furthermore, Bidders are advised that they must recognize, comply with, and attach a signed copy of each Addendum which shall be made part of their

Bid Submittal if submitting a Hard Copy Solicitation. Electronic submittals should be acknowledged through OpenGov. Bidder(s) signature on Addenda shall be interpreted as the bidder’s “recognition and compliance to” official changes as outlined by the City of Edinburg and as such are made part of the original solicitation documents. Failure of any bidder to receive any such addendum or interpretation shall not relieve such Bidder from its terms and requirements. The City may issue a written addendum no later than five calendar days prior to the date bids must be received. Addendums are available online at https://procurement.opengov.com/portal/cityofedinburg

PAYMENT

The City of Edinburg will execute payment by mail in accordance with the State of Texas Pay Law after

ITEMS have been provided and invoiced. No other method of payment will be considered.

SYNONYM

Where in this bid package ITEMS is used, its meaning shall refer to the Processing, Marketing and Sale of

Recyclable Materials & Metals as specified.

ASSIGNMENT

Neither the Bidder’s contract nor payment due to an awarded vendor may be assigned to a third party without the written approval of the Purchasing Department for the City of Edinburg.

BIDDER’S EMPLOYEES

Neither the Bidder nor his/her employees engaged in fulfilling the terms and conditions of this Purchase

Contract shall be considered employees of the City. The method and manner of performance of such undertakings shall be under the exclusive control of the vendor on contract. The City shall have the right of inspection of said undertakings at any time.

INTERPRETATIONS

Any questions concerning the conditions and/or specifications/requirements with regards to this solicitation for Bids shall be directed to the e-procurement portal as outlined in the Request for Bids.

Such interpretations, which may affect the eventual outcome of this request for Bids, shall be furnished in writing to all prospective Bidders via Addendum. No interpretation shall be considered binding unless provided in writing by the City of Edinburg in accordance with paragraph entitled “Addenda”.

STATUTORY REQUIREMENTS

It shall be the responsibility of the successful Bidder to comply with all applicable State & Federal laws, Executive Orders and Municipal Ordinances, and the Rules and Regulations of all authorities having jurisdiction over the work to be performed hereunder and such shall apply to the contract throughout, and that they will be deemed to be included in the contract as though written out in full in the contract documents. (To include issues related to health, environmental, and safety to name a few.)

RIGHT TO WAIVE

City of Edinburg reserves the right to waive or take exception to any part of these specifications/requirements when in the best interest of the City of Edinburg.

COOPERATIVE PRICING

Bidders are advised that in addition to responding to our “local” solicitation for bids/Bids with Dealer pricing, vendors/contractors are encouraged to provide pricing on the below referenced items/products/services based on BuyBoard, TX-MAS, H-GAC and/or any other State of Texas recognized and approved cooperative which has complied with the bidding requirements for the State of Texas. If bidding other than or in addition to “dealer” pricing, kindly duplicate the bid forms for each bid being provided from a cooperative contract. Any and all applicable fees must be included. All cooperative pricing must be submitted on or before bid opening date and hour.

VALID BID TIME FRAME

The City of Edinburg may hold bids 60 days after the opening of Bids without taking action. Bidders are required to hold their Bids firm for same period of time.

PREPARATION OF BID

The City of Edinburg shall not be held liable for any costs incurred by any bidder for work performed in the preparation of and production of a bid or for any work performed prior to execution of contract.

CONFIDENTIAL INFORMATION

Any information deemed to be confidential by the bidder should be clearly noted on the pages where confidential information is contained; however, the City cannot guarantee that it will not be compelled to disclose all or part of any public record under Texas Public Information Act, since information deemed to be confidential by the bidder may not be considered confidential under Texas Law, or pursuant to a

Court order.

VERBAL THREATS

Any threats made to any employee of the City, be it verbal or written, to discontinue the providing of item/material/services for whatever reason and/or reasons shall be considered a breach of contract and the City will immediately sever the contract with the Vendor on contract.

MATHEMATICAL ERRORS

In the event that mathematical errors exist in any bid unit prices/rates will govern.

AUDIT

The City of Edinburg reserves the right to audit the vendor’s books and records relating to the performance of this contract. The City of Edinburg, at its own expense, shall have the right at all reasonable times during normal business hours and upon at least twenty-four (24) hours’ advance notice, to audit, to examine, and to make copies of or extracts from the books of account and records maintained by the vendor(s) with respect to the Supply/Service and/or Purchase Contract. If such audit shall disclose overpayment by City to vendor, written notice of such overpayment shall be provided to the vendor and the amount of overpayment shall be promptly reimbursed by vendor to the City. In the event any such overpayment is not paid within ten (10) business days after receipt of such notice, the unpaid amount of such overpayment shall bear interest at the rate of one percent (1%) per month from the date of such notice until paid.

PAST PERFORMANCE

Vendor’s past performance shall be taken into consideration in the evaluation and award of Service

Contract for the Purchase of ITEMS.

JURISDICTION

Contract(s) executed as part of this solicitation shall be subject to and governed under the laws of the

State of Texas. Any and all obligations and payments are due and performable and payable in Hidalgo

County, Texas.

VENUE

The parties agree that venue for purposes of any and all lawsuits, cause of action, arbitration, and/or any other dispute(s) shall be in Hidalgo County, Texas.

CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS

The City may give local vendors, whose principal place of business is located within the City of Edinburg, and whose bid is within five percent (5%) of the lowest bid price preference as allowed by Section

271.9051 of the Local Government Code.

AWARD

For purposes of this project, award will be contingent on approval of budget.

CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS

The City may give local vendors, whose principal place of business is located within the City of Edinburg, and whose bid is within five percent (5%) of the lowest bid price preference as allowed by Section

271.9051 of the Local Government Code.

SPECIAL CIRCUMSTANCES

In the event that the City of Edinburg has an immediate need for a particular service(s) that is/are on contract and the successful vendor on contract is not able to meet the special service delivery needs of the City of Edinburg, the City of Edinburg reserves the right to purchase such services elsewhere to fulfill its’ immediate need.

TERMINATION OF CONTRACT

The City of Edinburg reserves the right to terminate the contract if, in the opinion of the City of

Edinburg, the successful vendor’s performance is not acceptable, if the City is being repeatedly over charged, improperly charged, no funds are available, or if the City wishes, without cause, to discontinue this contract. Termination will be in written form allowing a 30-day notice. The bidder shall be afforded the same right to terminate this contract in the same manner.

ETHICAL STANDARD

No City official or employee shall have interest in any contract resulting from this bid.

IF YOU HAVE ANY QUESTIONS ABOUT COMPLIANCE, PLEASE CONSULT YOUR OWN LEGAL COUNSEL.

COMPLIANCE IS THE INDIVIDUAL RESPONSIBILITY OF EACH PERSON OR AGENT OF A PERSON WHO IS

SUBJECT TO THE FILING REQUIREMENT. AN OFFENSE UNDER CHAPTER 176 IS A CLASS “C”

MISDEMEANOR.

3.2. INSURANCE REQUIREMENTS

Staff may waive insurance requirements for contracts $0 - $4,999.99, including but not limited to contracts for food, materials, supplies, and construction. Workers’ Compensation in amounts which satisfy statutory coverage shall be required for construction projects.

The following insurance requirements will be included in all City contracts of $5,000 - $14,999.99. In contracts not involving building and construction projects, as that activity is defined in TEX. LABOR CODE

§406.096, contractors may obtain alternative form of worker accident insurance with minimum limits of liability of $100,000 per claim.

Minimum Insurance Requirements

Type of Coverage Limits of Liability

Worker’s Compensation Statutory Coverage

Comprehensive General Liability

(City named as additional insured)

Bodily Injury $250,000 each person/$500,000 each occurrence

Property Damage $100,000 each occurrence/$100,000 aggregate or $500,000 combined single limits

The following insurance requirements will be included in all City contracts of $15,000 or more.

(1) The successful bidder will be required to carry the following insurance coverage and limits of coverage, as well as list the City as an additional insured to liability coverage as requested by the City. In addition, the successful bidder shall provide the City with evidence of coverage and furnish acceptable proof of payment of insurance premiums.

(2) The successful bidder will be required to secure and/or have insurance coverage in force with an admitted property and casualty insurance company licensed by the State of Texas to conduct business in the State of Texas.

(3) In contracts not involving building and construction projects, as that activity is defined in TEX. LABOR

CODE §406.096, contractors may obtain alternative form of worker accident insurance with minimum limits of liability of $100,000 per claim

Minimum Insurance Requirements

Type of Coverage Limits of Liability

Worker’s Compensation Statutory Coverage

Employer’s Liability Bodily Injury by Accident:

$100,000 each accident

Bodily Injury by Disease:

$100,000 each employee/$500,000 policy limit

Comprehensive General Liability

Bodily Injury $250,000 each person/$500,000 each occurrence

Property Damage $100,000 each occurrence/$100,000 aggregate or $500,000 combined single limits

Comprehensive Auto Liability

Bodily Injury $100,000 each person/$500,000 each occurrence

Property Damage $100,000 each occurrence/$100,000 aggregate or $500,000 combined single limits

City’s Protective Liability

Bodily Injury $250,000 each person/$500,000 each occurrence

Property Damage $100,000 each occurrence/$100,000 aggregate or $500,000 combined single limits

Policies must name the City of Edinburg as an Additional Insured.

Certificates of insurance naming the CITY as an additional insured shall be submitted to the CITY for approval prior to any services being performed by Contractor. Each policy of insurance required hereunder shall extend for a period equivalent to, or longer than the term of the Contract, and any insurer hereunder shall be required to give at least thirty (30) days written notice to the CITY prior to the cancellation of any such coverage on the termination date, or otherwise. This Contract shall be automatically suspended upon the cancellation, or other termination, of any required policy of insurance hereunder, and such suspension shall continue until evidence that adequate replacement coverage is provided to the CITY. If replacement coverage is not provided within thirty (30) days following suspension of the Contract, the Contract shall automatically terminate.

4. Specifications

4.1. GENERAL SCOPE OF SERVICES AND INFORMATION

The Proposer shall perform and/or arrange all tasks pertaining to these tasks which will include, at a minimum, receiving, sorting, processing, storing, marketing, selling, and transporting (if necessary) recyclable materials and metals collected by the City. These services shall commence only with the executed contract. This BID specifically excludes collection services. The scope of work is as follows but is not limited to:

SERVICES:

1. The Proposer shall comply with all applicable Texas Commission on Environmental Quality

(TCEQ), and other state, local, and federal laws and regulations pertaining to the provision of the services detailed in this BID. Proposer shall avoid those practices that create a perception of nuisance to citizens such as odors, noise and litter.

RECYCLING COMMODITIES:

1. Under the City’s Recycling Program, City Recycling Collection crews receive and collect the recycling commodities below that must be processed, transported, marketed, and sold.

2. Newsprint: Also referred to as old newspaper (ONP), shall include newspaper and advertising supplements and other paper grades as delivered to local subscribers of newspaper distributed in THE Edinburg area.

3. Mixed Paper: Includes magazines, junk mail, paperboard and telephone directories. Sorted

Office Paper shall mean high grade paper from offices such as computer paper, sorted white ledger, copier paper and office stationary.

4. Old Corrugated Containers (OCC): Includes boxes with unbleached and unwaxed paper with ruffled liners.

5. Glass: Includes household glass containers, bottles and jars, including amber, flint, green, mixed and/or crushed glass.

6. Plastics: PETE and HDPE Includes plastic bottles, containers and packages made from various resins including other plastics coded #1 and #2.

7. Metals: Scrap Metal includes recyclable metal left from a product manufacturing or consumption such as surplus metals. Used Aluminum Beverage Cans (UBC) household beverage cans made of aluminum. Tin, Steel and Bi-Metal Containers include food, beverage non-food and aerosol cans made of mixed metal, such as tin and steel.

Please note that the City does not require customers to flatten cardboard, plastic, metal and aluminum containers. In addition, plastic bags, labels, lids, nozzles and metal neck rings may also be present in the recyclable materials delivered to the processing facility.

PROCESSING AND MARKETING OF MATERIALS:

The Contractor shall provide all labor, services, equipment, and other resources necessary to accept, process, and market the recyclable materials, scrap metal and electronic waste collected at the recycling center. The Contractor will provide a list of acceptable recyclable materials and scrap metal at the beginning of the initial contract term and it must include, at a minimum, corrugated cardboard, mixed paper, newspaper, plastic containers, metal cans, and glass containers and scrap metal as defined in the definitions section of the scope of work. Any changes to this list shall be made in writing to the City for consideration and approval.

Facilities: The Contractor shall identify in the bid documents the Material Recovery Facilities (MRFs) to which the collected recyclable materials will be delivered and all MRFs must be approved by the City prior to the beginning of the contract. The Contractor shall provide the City with the name, telephone number, point of contact, facsimile number, address, operating hours, and delivery procedures for each facility that will be receiving recyclables from the recycling center. The City reserves the right to inspect the MRF(s) at any time while performing under the terms of this contract and to reasonably reject any MRFs selected by Contractor.

Each City-approved facility must hold applicable permits and be licensed to operate as a MRF or a transfer site. Contractor’s facility will be available to accept loads of recyclable materials Monday through Saturday, including holiday (except Fourth of July, Thanksgiving, and Christmas).

The Contractor shall recycle (market and sell) all recyclable materials and scrap metal delivered to each facility and not dispose of recyclables and scrap metal by some other means (landfill, incineration, etc.), excluding normal by pass waste such as materials not accepted for recycling at the recycling center.

The Contractor shall accept all recyclables in “as is” condition. The contractor shall be responsible for removing and disposing of any contamination without disposing of recyclables in the process.

Weight Tickets: The Contractor shall have certified weight scales at the receiving site. Each vehicle shall be separately weighed to determine weight of material for each collection container delivered. The

Contractor shall generate certified weight tickets issued at the time of delivery for each Contractor’s facility. Each delivery ticket must include the date and time of delivery, truck number, incoming truck weight (tare weight), and the weight of the material being delivered. The Contractor shall keep on file certified weight tickets for all materials delivered under this contract. Weight tickets shall be submitted to the City upon request.

Reports/Invoices: The Contractor shall prepare a monthly report that lists total tonnages for each material received, including details for each load (ticket number, date of delivery, and weight of material delivered). The report shall be submitted to the City by the 15th of each month. All invoices for payment from the City will not be processed for payment unless the monthly report is provided and shall include a copy of industry ledgers depicting the current purchase/sale of all commodities being paid to the

City. The industry ledgers shall accompany such payments.

Revenue from sale of Recyclable Materials: The Contractor shall market and sell materials delivered from the recycling center and offer the City a FAIR MARKET PRICE/SOLD on the sale of the material. The

Contractor shall offer a price per commodity (cardboard, mixed paper, commingled containers, tin, aluminum, scrap metal) based on a daily market price for each commodity. Pricing shall be based on the following markets:

A. Cardboard – The Official Board Markets price per ton for Old Corrugated Containers (OCC), Transacted Paper Stock Prices – Low Grades, Southwest Region, as published in the second issue of Official Board Markets (OBM) for the month in which the fiber materials were delivered to the Contractor. In the event that OBM list a range of prices, the highest price of the range shall be used. For mixed paper, a rebate shall be based on the Official Board Markets price per ton for

#1 Mixed Paper, Transacted.

B. Mixed Paper – The Official Board Markets price per ton for #2 Mixed Paper Stock Prices – Low

Grades, Southwest Region, as published in the second issue of Official Board Markets (OBM) for the month in which the fiber materials were delivered to the Contractor. In the event that OBM list a range of prices, the highest price of the range shall be used.

C. Commingled Containers – The Waste and Recycling Newspaper pound for Plastic Containers, as posted electronically for Announced Recovered Materials Prices, New York Region, Plastics, the average price for ‘PET Baled’ and HDPE Baled’ on the 15th day of the month in which the plastic material was delivered to the Contractor. Listed price in pounds shall be converted to a price per ton. In the event that Waste and Recycling News lists a range of prices, the highest price of the range shall be used.

D. Tin, Aluminum, Scrap Metal – The American Metal Market price per pound for scrap iron and steel prices and nonferrous scrap prices as posted weekly by the AMM for Materials Prices, Houston Region, Scrap Iron and Steel Scrap Metal and Non-Ferrous Scrap, for the day for which material was delivered to the Contractor. Listed price in pounds shall be converted to a price per ton. In the event that AMM lists a range of prices, the highest price of the range shall be used.

E. Glass – Stock Market price per pound for mixed scrap glass, for the day for which material was delivered to the Contractor. Listed price in pounds shall be converted to a price per ton.

Response Time- Bidder must be available to respond to any pick up of materials within twenty-four (24) hours after the City’s request and on a on call basis should the need arise.

Collection of Container- Bidder may supply its own collection containers (i.e. 30-cd open top roll off and/or walking trailer, provided there is an acceptable location to stage the container). When the container, full of recyclable materials and scrap metal, is being hauled and the Solid Waste Management is open to the public, a second collection container must be provided. During operating hours there shall always be a container to collect and temporarily store recyclable materials, metals and electronic waste.

REVENUE

Any revenue will be provided to the City in the form of a check, made payable to “The City of Edinburg” and submitted monthly by the 15th for the month following the month in which the materials were delivered to the facility and shall include a copy of industry ledgers depicting the current purchase/sale price of all commodities being paid to the City. The industry ledgers shall accompany such payments.

PAYMENTS, RECORDS AND REPORTING:

Proposer shall submit payment/remit invoice for the recyclable commodities received from the City’s recycling programs by the last day of the following month based on the tonnage delivered. Payment is due during the next month following the delivery of material for processing.

The following information shall accompany monthly payments/invoices:

A. Date, truck number, scale ticket number, and net weight for all incoming loads per day;

B. Monthly total tonnage by type of recycling commodity received for processing;

C. Monthly totals of tons of residuals (by weight) processed;

D. Revenue received from the sale of recyclables by commodity by month and Purchasers of

Recyclable Materials;

E. Commodity exchange information establishing the fair market value paid to the City.

F. Processing payment due the Proposer;

G. Data Sharing of this BID.

Proposer must provide adequate detail on cost so that the City may review and approve. The City reserves the right to request and receive additional detail when needed.

Quarterly and Annual Reporting: As part of the data sharing requirements, records shall be kept on a daily and cumulative basis regarding the City’s recycling program and shall be available to the City upon request. Information reporting shall be disseminated by an agreed upon electronic format.

Monthly reports of the previous month’s activities will be due to the City by the last day of each month.

Annual reports will be due by October 31st following the City’s completed fiscal year (October 1st-

September 30th).

TERM The initial term of the contract shall be from awarded date to September 30, 2027, with an option to extend the term of the agreement for an additional fiscal year.

BIDDER RESPONSIBILITY: It is the responsibility of each vendor before submitting a proposal:

• To examine thoroughly the contract documents and other related data identified in the proposal documents.

• To visit the site to become familiar with and satisfy vendor as to the general, local, and site conditions that may affect cost, progress, performance, etc.

• To consider federal, state, and local laws and regulations that may affect costs, progress, performance or furnishing of the work.

• To study and carefully correlate vendor's knowledge and observations with the contract documents and such other related data.

• To promptly notify COE Purchasing of all conflicts, errors, ambiguities, or discrepancies which vendor has discovered in or between the contract documents and such other related documents.

• An invoice must be submitted at the time of each delivery. Material will be delivered on an as needed basis.

SUBCONTRACTING: The successful submitter may not subcontract the award without the written consent of COE.

4.2. QUANTITIES

Based on the City’s collection figures since implementing from all of its recycling operations, the FY

25/26 projection is approximately 838.33 tons. The FY 25/26 projected tonnage of each commodity collected (including residual material) is listed below in Table 1.

Staff has noted that due to the array of different service options, estimates were utilized as minimum amounts for this BID. Actual quantities vary significantly and are dependent on yearly service requests.

1. On a semi-annual basis, the Proposer shall conduct audits to determine the contamination rate, estimated tonnages and percentages of each recycling commodity noted in Table 1 for the City’s recyclable materials delivered to the processing facility. A representative of the

City will be present during the audits. These audits will be performed at no additional charge to the City as part of this contract.

2. In addition, the City expects the Proposer to provide feedback as needed to the City regarding contamination including the general types of contamination found and the specific truck numbers in the recyclable materials delivered.

3. The City reserves the right to add or delete recycling commodities at any time during the term of this contract and any extensions. Modifications may be made by the City to the recycling program for the purpose of optimizing operational efficiencies, increasing the quantities of recyclable material collected, and for any other beneficial or economical reason(s).

4. At the time of payment from the purchase/sale of recyclable commodities the proposal shall include a copy of industry ledgers depicting the current purchase/sale price of all commodities being paid to the City. The industry ledgers shall accompany such payments.

TABLE 1

ESTIMATED WASTE CATEGORIZATION

Recycling Commodity Estimated Annual Tonnage Estimated Annual Pounds

Old Corrugated Containers (OCC) 490.22 980,444

Coated Book Stock 0 0

Mixed Paper 113.73 227,455

PETE 59.01 118,020

HDPE 39.34 78,680

Glass 105.72 211,440

Metal

Scrap Metal 18.03 36,065

Tin, Steel, Bi-Metal 9.03 18,065

Used Aluminum Beverage Cans (UBC) 3.25 6,502

Table Notes:

1. The above figures cannot be interpreted as a guarantee of future quantities to be collected by the

City.

4.3. GENERAL CONTRACT TERMS AND CONDITIONS

ASSIGNMENT

The successful Proposer shall not sell, assign, transfer or convey any contract resulting from this BID, in whole or in part, without the prior written consent of COE.

MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE PROPOSERS:

A prospective Proposer must meet the following requirements:

A prospective Proposer must affirmatively demonstrate their responsibility; have adequate financial resources, or the ability to obtain such resources as required; be able to comply with the required or proposed delivery schedule; Have a satisfactory record of performance; have a satisfactory record of integrity and ethics; be otherwise qualified and eligible to receive an award.

COE may request representation and other information sufficient to determine Proposer's ability to meet these minimum standards listed above.

SUCCESSFUL PROPOSER SHALL

Successful Proposer shall defend, indemnify and save harmless COE and all its officers, agents and employees from all suits, actions, or other claims of any character, name and description brought for or on account of any injuries or damages received or sustained by any person, persons, or property on account of any negligent act or fault of the successful Proposer, or of any agent, employee, subcontractor or supplier in the execution of, or performance under, any contract which may result from proposal award. Successful Proposer shall pay any judgment and cost of litigation which may be obtained against COE growing out of such injury or damages.

PRIME CONTRACTOR RESPONSIBILITIES

The selected Proposer shall be required to assume responsibility for all items and services offered in his proposal whether or not he produces or provides them. The COE shall consider the selected Proposer to be the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the contract.

SUBCONTRACTOR INSURANCE

The Contractor shall include all subcontractors and COE as additionally insured under its policies or shall insure that all subcontractors satisfy the same insurance requirements Stated herein for the contractor.

PROPOSALS/PROPOSERS MUST COMPLY WITH:

All federal, state, county and local laws governing or covering this type of service.

TERMINATION OF CONTRACT

This contract shall remain in effect until contract expires, completion and acceptance of services or default. COE reserves the right to terminate the contract immediately in the event the successful

Proposer fails to:

• meet delivery or completion schedules or

• otherwise perform in accordance with the accepted proposal or

• File for Bankruptcy.

Breach of contract or default authorizes COE to award to another Proposer, purchase elsewhere and charge the full increase cost to the defaulting Proposer.

Either party may terminate this contract with a thirty (30) days written notice prior to either party stating cancellation. The successful Proposer must state therein the reasons for such cancellation. Prior written notice must be delivered in person or sent by registered or certified mail, return receipt requested, proper postage paid, and properly addressed to the other party at the address on the affidavit for the contractor or to COE MANAGER, 415 West University Drive Edinburg, Texas.

PERFORMANCE OF CONTRACT

COE reserves the right to enforce the performance of this contract in any manner prescribed by law or deemed to be in the best interest of COE in the event of breach or default or resulting contract award.

NO GUARANTEE OF QUANTITIES

The COE reserves the right to increase or decrease the amount, at the unit prices stated in the proposal.

Neither the COE nor any Agency obligates itself to contract for or accept more than their actual requirements during the period of this agreement, as determined by actual needs and availability of appropriated funds.

INVOICES

The invoices shall show:

1. Date, truck number, scale ticket number, and net weight for all incoming loads per day;

Name and address of successful Proposer

2. Total tonnage by type of recycling commodity received for processing;

3. Totals of tons of residuals (by weight) processed;

4. Revenue received from the sale of recyclables by commodity by month and Purchasers of

Recyclable Materials;

5. Commodity exchange information establishing the fair market value paid to the City.

6. Processing payment due the Proposer

7. COE Purchase Order Number.

PROPOSER’S CERTIFICATION OF OMB A-133 COMPLIANCE

Certification of no suspension or debarment. By signing and submitting any proposal for $100,000 or more, the proposer certifies that their company, any subcontractors, or principals are not suspended or debarred by the General Services Administration (GSA) in accordance with the requirements in OMB

Circular A-133.

A list of parties who have been suspended or debarred can be viewed via the internet at http://www.epls.gov http://www.epls.gov/

5. Vendor Questionnaire

5.1. Required Forms

5.1.1. Attach a copy of your company's insurance certificate.* Please attach the insurance certificate

*Response required

5.1.2. Please fill out General Questionnaire and upload here * Please download the below documents, complete, and upload.

• GENERAL_QUESTIONNAIRE.pdf

*Response required

5.1.3. Please fill out the Litigation Disclosure form and upload here* Please download the below documents, complete, and upload.

• LITIGATION_DISCLOSURE_FORM.pdf

*Response required

5.1.4. Please fill out and sign the Conflict of Interest Disclosure form and upload here*

Please download the below documents, complete, and upload.

• CONFLICT_OF_INTEREST.pdf

*Response required

5.1.5. Please fill out and sign House Bill 89 and upload here*

HB 89

The 85th Texas Legislature approved new legislation, effective Sept. 1, 2017, which amends Texas Local

Government Code Section 1. Subtitle F, Title 10, Government Code by adding Chapter 2270 which states that a governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it:

1) does not boycott Israel; and

2) will not boycott Israel during the term of the contract

• HOUSE_BILL_89_VERIFICATION.pdf

*Response required

5.1.6. Please fill out and sign Senate Bill 13 and upload here*

SB 13 ENERGY COMPANY BOYCOTTS

The 87th Texas Legislature approved new legislation, effective Sept. 1, 2021, which amends Texas Local

Government Code 2274.002 Section 1. Subtitle A, Title 8 by adding Chapter 809 which states that a https://government-project.s3.us-west-2.amazonaws.com/32473/b1189aa9-3eaf-456f-8c2d-3f6e97e31390_GENERAL_QUESTIONNAIRE.pdf?X-Amz-Algorithm=AWS4-HMAC-SHA256&X-Amz-Content-Sha256=UNSIGNED-PAYLOAD&X-Amz-Credential=ASIA47RIURE4FCTSPB2R%2F20260819%2Fus-west-2%2Fs3%2Faws4_request&X-Amz-Date=20260819T221830Z&X-Amz-Expires=72000&X-Amz-Security-Token=IQoJb3JpZ2luX2VjELb%2F%2F%2F%2F%2F%2F%2F%2F%2F%2FwEaCXVzLXdlc3QtMiJGMEQCIBhHZ8AamRYfkb7H74i7FSDhreu8ImamdDR%2Fg0Lg%2F4LkAiBKzwQxANPNJJKTljFS%2Br%2BSrUeydZSiQHxKuAzI0eWe1CqMBQh%2FEAIaDDg5MjM2NDY4NzY3MiIM0SU2%2BEuW02XPeEriKukES7IUKIvY6GJonCCRyH1scIvY22W1qf0FSqzs13DDwpWqAdN2rV7DiCx%2BjYdNjvJ6KFrpKNxm6NBbwVajW0x5zDgV3Dy5%2BN2FNFYU6LnEosNwVfbcuSC%2FoAeexwv0%2BMqESV2t5GblUFBa8BZsdfqOHQW2f%2BqmshXGeNzJtodVOlYlabLRw8e%2BwGDG%2BYp%2BIseYiYBFNb99V2xyYsMPl51aNLBUy4m1hoxH4WX9BzIYitV3sQQJu5%2FzmGWwPMrjj4jAT08XUmXZvLbg2Oi5bEqqupm7gZKnylKcvEGAh8q8v7di8hUSZWeJCGg%2B22qzJsrERdbhLAhKl8FPYFfVayaJGfxSJq5ckbRgtIjWRz2FSwYqefSYUTzIpoLgZSIbWbESuAstBmCwISYFVRJ7hhNb7%2Fw5%2FQZzIwkxcmdC0ncs9am5AM3G%2BEuYKCvwimx9EcfMV0%2FVCZEeji7NvsFdvQXRuAIxitjHUYr60A9IIxS2lBGbpW1J1LLr87xKMDBJzJu28Mg5duipViVZjj3oTsm4r2AuBsiP9IWpPnAdlQ3xeogBv8WIRJPNl8dtvBBmxuOIS%2Fqpbsgb5PR4qa4aFAso9TwbBt8cwSYXVT2%2FdfqXAEjc0Bgf8qTnjtA7o%2FEM2Gjyx1mdhXcyF5zUi1GvGmiMenztBu1yS64UW512B15doc9Gr13b%2BsJDzNSEw%2B2CP25Z%2BIEvmxfVsJ8yiNxvHeAVqlslaEM1kZXqPu3pYR4kjUpBtv88v%2B5eb9WQNAN6Sfb5uCo7rDhYgX8X07vNidJDFLwYZqSkuGh8omWfxSBmML%2B38gsMgOKwXlowus%2BY1AY6mgH4APhrBVm1f7SrZJdcX1wfDV0s5UFGWD0Fp51wWJ8%2BDNHtlbMzlfowCWdUGmNpStMbRJDHzDhCLWvKNH88f%2BpL6H9DwTB6b7e%2BTHUCox0zDz5GTOikuQBvYWp5J6fNaHvt1EJ7JDvOH8HfvZ6sQ3DLwauLl6Kx9zdv91uNG83deZDajKK2dhFohLdsWx0mQ6Zp5dB9aIpJ7pZj&X-Amz-Signature=2553fe0f027749440675b545c99c49602c66e27ed4148185d8627822a750fcdd&X-Amz-SignedHeaders=host&response-content-disposition=attachment%3B%20filename%3D%22GENERAL_QUESTIONNAIRE.pdf%22&x-id=GetObject https://government-project.s3.us-west-2.amazonaws.com/32473/ebaa2212-66a4-4a4d-997b-73ab049d4e76_LITIGATION_DISCLOSURE_FORM.pdf?X-Amz-Algorithm=AWS4-HMAC-SHA256&X-Amz-Content-Sha256=UNSIGNED-PAYLOAD&X-Amz-Credential=ASIA47RIURE4FCTSPB2R%2F20260819%2Fus-west-2%2Fs3%2Faws4_request&X-Amz-Date=20260819T221830Z&X-Amz-Expires=72000&X-Amz-Security-Token=IQoJb3JpZ2luX2VjELb%2F%2F%2F%2F%2F%2F%2F%2F%2F%2FwEaCXVzLXdlc3QtMiJGMEQCIBhHZ8AamRYfkb7H74i7FSDhreu8ImamdDR%2Fg0Lg%2F4LkAiBKzwQxANPNJJKTljFS%2Br%2BSrUeydZSiQHxKuAzI0eWe1CqMBQh%2FEAIaDDg5MjM2NDY4NzY3MiIM0SU2%2BEuW02XPeEriKukES7IUKIvY6GJonCCRyH1scIvY22W1qf0FSqzs13DDwpWqAdN2rV7DiCx%2BjYdNjvJ6KFrpKNxm6NBbwVajW0x5zDgV3Dy5%2BN2FNFYU6LnEosNwVfbcuSC%2FoAeexwv0%2BMqESV2t5GblUFBa8BZsdfqOHQW2f%2BqmshXGeNzJtodVOlYlabLRw8e%2BwGDG%2BYp%2BIseYiYBFNb99V2xyYsMPl51aNLBUy4m1hoxH4WX9BzIYitV3sQQJu5%2FzmGWwPMrjj4jAT08XUmXZvLbg2Oi5bEqqupm7gZKnylKcvEGAh8q8v7di8hUSZWeJCGg%2B22qzJsrERdbhLAhKl8FPYFfVayaJGfxSJq5ckbRgtIjWRz2FSwYqefSYUTzIpoLgZSIbWbESuAstBmCwISYFVRJ7hhNb7%2Fw5%2FQZzIwkxcmdC0ncs9am5AM3G%2BEuYKCvwimx9EcfMV0%2FVCZEeji7NvsFdvQXRuAIxitjHUYr60A9IIxS2lBGbpW1J1LLr87xKMDBJzJu28Mg5duipViVZjj3oTsm4r2AuBsiP9IWpPnAdlQ3xeogBv8WIRJPNl8dtvBBmxuOIS%2Fqpbsgb5PR4qa4aFAso9TwbBt8cwSYXVT2%2FdfqXAEjc0Bgf8qTnjtA7o%2FEM2Gjyx1mdhXcyF5zUi1GvGmiMenztBu1yS64UW512B15doc9Gr13b%2BsJDzNSEw%2B2CP25Z%2BIEvmxfVsJ8yiNxvHeAVqlslaEM1kZXqPu3pYR4kjUpBtv88v%2B5eb9WQNAN6Sfb5uCo7rDhYgX8X07vNidJDFLwYZqSkuGh8omWfxSBmML%2B38gsMgOKwXlowus%2BY1AY6mgH4APhrBVm1f7SrZJdcX1wfDV0s5UFGWD0Fp51wWJ8%2BDNHtlbMzlfowCWdUGmNpStMbRJDHzDhCLWvKNH88f%2BpL6H9DwTB6b7e%2BTHUCox0zDz5GTOikuQBvYWp5J6fNaHvt1EJ7JDvOH8HfvZ6sQ3DLwauLl6Kx9zdv91uNG83deZDajKK2dhFohLdsWx0mQ6Zp5dB9aIpJ7pZj&X-Amz-Signature=dba99f271a9693b3e9e7159a7acacf95bfb9bc22aaf646fc900ef9217b365657&X-Amz-SignedHeaders=host&response-content-disposition=attachment%3B%20filename%3D%22LITIGATION_DISCLOSURE_FORM.pdf%22&x-id=GetObject…