City of Fulshear

Request for Proposals

Solid Waste Management 2026-044

SUBMIT PROPOSALS ELECTRONICALLY TO: SUBMIT NO LATER THAN:

City of Fulshear Tuesday, September 29, 2026 Purchasing Division 2:00 PM (Central)

WWW.PUBLICPURCHASE.COM

Results will not be given by phone. Requests for information must be in Results will be provided to respondents in writing and directed to:

Writing after City Council award and posted to www.publicpurchase.com www.publicpurchase.com

Vendor Responsibilities:

Download and acknowledge receipt of all addenda. (Addenda will be posted on www.publicpurchase.com no later than 72 hours prior to opening) Submit response in accordance with requirements stated on the cover of this document.

DO NOT submit responses via email or fax.

1.0 INTENT:

It is the intent of City of Fulshear (hereinafter known as “City”) to solicit proposals from reputable vendors for Competitive Sealed Proposals (“Proposals or RFP”) for selection of qualified Respondent to provide the Solid Waste Management Services to the City of Fulshear in accordance with the terms, conditions, and requirements set forth herein. This solicitation is issued in accordance with Texas Local Government Code Chapter 252 and the City of Fulshear procurement policies.

2.0 GUIDELINES:

By virtue of submitting a proposal, interested parties are acknowledging:

2.1 The City reserves the right to reject any or all proposals if it determines that select proposals are not responsive to the RFP. The City reserves the right to reconsider any proposal submitted at any phase of the procurement. It also reserves the right to meet with select Respondents at any time to gather additional information.

Furthermore, the City reserves the right to delete or add scope up until the final contract signing.

2.2 All Respondents submitting proposals agree that their pricing is valid for a minimum of ninety days (90) days after proposal submission to the City.

Furthermore, the City is by statute exempt from the State Sales Tax and Federal Excise Tax; therefore, proposal prices shall not include taxes.

2.3 This Proposal does not commit the City to award nor does it constitute an offer of employment or a contract for services. Costs incurred in the submission of this proposal, or in making necessary studies or designs for the preparation thereof, are the sole responsibility of the Respondents. Further, no reimbursable cost may be incurred in the anticipation of award. Proposals containing elaborate artwork, expensive paper and binding and expensive visual or other presentations are neither necessary nor desired.

2.4 In an effort to maintain fairness in the process, all inquiries concerning this procurement are to be directed only to the City’s Purchasing Administrator in writing. Attempts to contact any members of the City’s City Council members or any other City employee to influence the procurement decision may lead to immediate elimination from further consideration.

2.5 When responding to this Proposal, follow all instructions carefully. Submit proposal contents according to the outline specified and submit all documents electronically to www.publicpurchase.com. Failure to follow these instructions may be considered a non-responsive proposal and result in immediate elimination from further consideration.

3.0 PROPOSAL CONTACT:

This Request for Proposals is being issued by the City of Fulshear Purchasing Administrator on behalf of City of Fulshear, Texas. Thus, responses should be directed to the Purchasing Administrator, as outlined below. Respondents are specifically directed NOT to contact any City personnel for meetings, conferences, or technical discussions that are related to this Proposal other than specified herein. Unauthorized contact of any City personnel will likely be cause for rejection of the Respondent’s proposal. All communications regarding the Proposal shall be directed to the City’s Proposal Contact. Communication with the Proposal Contact is permitted via www.publicpurchase.com before the question deadline.

PROPOSAL CONTACT:

Cassie Leal, NIGP-CPP, CPPB, CTCD, CTCM Purchasing Administrator

4.0 SUBMISSION REQUIREMENTS:

4.1 Submission requirements: one (1) original proposal to www.publicpurchase.com before the RFP opening time of 2:00 PM on Tuesday, September 29, 2026. Failure to submit electronically to www.publicpurchase.com is cause for disqualification.

5.0 INCURRED COSTS:

Those submitting proposals do so entirely at their expense. There is no expressed or implied obligation by the City to reimburse any individual or firm for any costs incurred in preparing or submitting proposals, for providing additional information when requested by the City, or for participating in any selection interviews, including discovery (pre-contract negotiations) and contract negotiations.

6.0 ACCEPTANCE:

6.1 Submission of any proposal indicates a Respondent’s acceptance of the conditions contained in this Proposal unless clearly and specifically noted otherwise in their proposal.

6.2 Furthermore, the City is not bound to accept a proposal on the basis of lowest price, and further, the City has the sole discretion and reserves the right to cancel this Proposal, to reject any and all proposals, to waive any and all informalities and or irregularities, or to re-advertise with either the identical or revised specifications, if it is deemed to be in the City’s best interests. The City reserves the right to accept or reject any or all of the items in the proposal, and to award the contract in whole or in part and/or negotiate any or all items with individual Respondents if it is deemed in the City’s best interest.

6.3 Although City of Fulshear desires to negotiate toward a contract with a selected

Respondent, City of Fulshear’s City Council may award the contract on the basis of the initial proposals received, without discussions. Therefore, each initial proposal should contain the Respondent’s best terms. The City reserves the right to negotiate with the highest-ranked respondent and, if negotiations are unsuccessful, to formally terminate negotiations and proceed to the next highest-ranked respondent.

7.0 INTERPRETATIONS, DISCREPANCIES, AND OMISSIONS:

7.1 It is incumbent upon each potential Respondent to carefully examine these specifications, terms, and conditions. Should any potential Respondent find discrepancies, omissions or ambiguities in this Proposal, the Respondent shall at once request via www.publicpurchase.com an interpretation from the City’s Proposal Contact. Any inquiries, suggestions, or requests concerning interpretation, clarification or additional information shall be made in writing via www.publicpurchase.com only to the City’s Proposal Contact, as specified in Section 3.0. Deadline for submission of questions and/or clarification is no later than Tuesday, September 8th, 2026, at 10:00 AM. (CST). Requests received after the deadline will not be responded to due to the time constraints of this Proposal process.

7.2 The issuance of a written addendum is the only official method by which interpretation, clarification or additional information will be given by the City. Only questions answered by formal written addenda will be binding. Oral and other interpretations or clarification will be without legal effect. If it becomes necessary to revise or amend any part of this Proposal, notice will be given by the City Purchasing Administrator to all prospective Respondents who were sent a Proposal.

The Respondent in their proposal shall acknowledge receipts of amendments. Each Respondent shall ensure that they have received all addenda and amendments to this Proposal before submitting their proposals.

8.0 TENTATIVE SCHEDULE:

Release of RFP: August 20th, 2026 Deadline for Questions: September 8th, 2026 Submission Due Date: September 29th, 2026 Evaluation of Submissions: Week of October 5th Interviews (if necessary): Week of October 5th Negotiations with selected firm: Week of October 5th Final Contract Approval City Council: November 17th, 2026, at 6:00 PM

9.0 PRE-PROPOSAL CONFERENCE:

There is no Pre-Proposal conference for this project.

10.0 RETENTION OF RESPONDENT’S MATERIAL:

The City reserves the right to retain all proposals regardless of which response is selected. All proposals and accompanying documents become the property of the City.

11.0 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION:

By submission of a proposal, each Respondent certifies, that in connection with this procurement:

11.1 The prices in this proposal have been arrived at independently, without consultation, communication, or agreement with any other Respondent; with any competitor; or with any City employee(s) or consultant(s) for the purpose of restricting competition on any matter relating to this Proposal.

11.2 Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the Respondent and will not knowingly be disclosed by the Respondent prior to award directly or indirectly to any other Respondent or to any competitor; and;

11.3 No attempt has been made or will be made by the Respondent to induce any other person or firm to submit or not to submit a proposal for the purpose of restricting competition.

12.0 ASSIGNMENT:

The Respondent may not sell, assign, transfer or convey the contract resulting from this Proposal, in whole or in part, without the prior written approval from City of Fulshear.

13.0 CONFIDENTIAL MATTERS:

13.1 All data and information gathered by the Respondent and its agents, including this

Proposal and all reports, recommendations, specifications, and data shall be treated by the Respondent and its agents as confidential. The Respondent and its agents shall not disclose or communicate the aforesaid matters to a third party or use them in advertising, publicity, propaganda, and/or in another job or jobs, unless written consent is obtained from the City.

13.2 Proposals will be publicly received and acknowledged only so as to avoid disclosure of the contents to competing Respondents and kept secret during negotiation. However, all proposals shall be open for public inspection after the contract is awarded. Trade secrets and any material that is considered to be confidential information contained in the proposal and identified by Respondent as such will be treated as confidential to the extent allowable in the Open Records Act.

14.0 CONFLICT OF INTEREST:

14.1 Pursuant to Chapter 171 of the Texas Local Government Code, no City public official shall vote on or participate in this Agreement if said official has a direct or indirect substantial financial interest in a business entity or real property relating to this Agreement.

14.2 Each party shall file a conflict of interest statement or questionnaire, if required, in accordance with Chapter 176 of the Texas Local Government Code, if (1) Contractor has an employment, business and/or familial relationship with the local government officer (or family member of the officer) that results in the local government officer receiving taxable income exceeding $2,500, or (2) Contractor has given the local government officer (or to the family member of the officer) one or more gifts with the aggregate value of more than $100 in the preceding 12-month period.

15.0 LIMITS OF SUBCONTRACTORS:

15.1 The City has approval rights over the use and/or removal of all subcontractors and/or vendor(s). Subcontractors shall conform to all City policies.

15.2 Any dispute between the Respondent and subcontractors, including any payment dispute, will be promptly remedied by the Respondent. Failure to promptly remedy or to make prompt payment to subcontractor may result in the withholding of funds from the Respondent by the City for any payments owed to the subcontractor.

16.0 JURISDICTION, VENUE, CHOICE OF LAW:

This Proposal and any contract resulting therefrom shall be governed by and construed according to the laws of the State of Texas. Should any portion of any contract be in conflict with the laws of the State of Texas, the State laws shall invalidate only that portion. The remaining portion of the contract(s) shall remain in effect. Any lawsuit shall be governed by Texas law and the City of Fulshear, Texas shall be the venue for any action or proceeding that may be brought or arise out of, in connection with, or by reason of this Proposal process and resulting Agreements.

17.0 INDEPENDENT CONTRACTOR:

The Respondent is an independent contractor and no employee or agent of the Respondent shall be deemed for any reason to be an employee or agent of the City.

18.0 TERMINATION OF CONTRACT:

18.1 Termination for Convenience. City may terminate the Underlying Agreement, in whole or in part, at any time by written notice to the Contractor. If the Contractor has any property in its possession belonging to City, the Contractor will account for the same, and dispose of it in the manner City directs.

18.2 Termination for Cause.

18.2.1 City may terminate the whole or any part of this Agreement for cause in the following circumstances:

18.2.1.1 If Contractor fails to perform services within the time specified in the Scope of Services or any extension thereof granted by the City in writing;

18.2.1.2 If Contractor materially breaches any of the covenants or terms and conditions set forth in the Underlying Agreement or fails to perform any of the other provisions of the Underlying Agreement or so fails to make progress as to endanger performance of the Underlying Agreement in accordance with its terms, and in any of these circumstances does not cure such breach or failure to City’s reasonable satisfaction within a period of ten (10) calendar days after receipt of notice from City specifying such breach or failure.

18.2.2 If, after termination, it is determined for any reason whatsoever that Contractor was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the City as if the contract had been terminated for convenience.

18.2.3 Upon termination of the Underlying Agreement, City shall compensate

Contractor in accordance with the terms for payment set out in the agreement, above, for those services which were provided under the Underlying Agreement prior to its termination and which have not been previously invoiced to City. Contractor’s final invoice for said services will be presented to and paid by City in the same manner set forth in the Underlying Agreement.

19.0 CONTRACTUAL OBLIGATIONS:

This Request for Proposals, response and associated documentation, any negotiations and final contract, when properly accepted by City of Fulshear, shall constitute a contract equally binding between the contractor and the City of Fulshear.

20.0 DRUG-FREE WORKPLACE:

All Respondents shall provide any and all notices as may be required under the Drug-Free Workplace Act of 1988, 28 CFR Part 67, Subpart F, to their employees and all sub-contractors to insure that the City maintains a drug-free workplace.

21.0 STATE LAW REQUIREMENTS FOR CONTRACTS:

The contents of this section are required by Texas Law or are necessary in order for the City of Fulshear to participate in this Contract. The following are included by the City of Fulshear regardless of content:

21.1 Budget. The Parties understand and acknowledge that the funding for payment of the Services is contained in the City’s annual budget and is subject to the approval of the City’s governing body in each fiscal year. The Parties further agree that should the City’s governing body fail to approve a budget that includes sufficient funds for the continuation of this Agreement, or should the City’s governing body fail to certify funds for any reason, then and upon occurrence of such event, this Agreement shall automatically terminate as to the City, and the City shall then have no further obligation to the Service Provider. When the funds budgeted or certified during any fiscal year by the City to discharge its obligations under this Agreement are expended, the Service Provider’s sole and exclusive remedy shall be to terminate this Agreement.

21.2 No Israel Boycott. The Service Provider hereby verifies that it does not boycott Israel and will not boycott Israel through this Agreement. For purposes of this verification, “boycott Israel” means refusing to deal with, termination of business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes.

21.3 Foreign Terrorist Organizations. The Service Provider represents and warrants that it is not engaged in business with Iran, Sudan, or a foreign terrorist organization, as prohibited by Section 2252.152 of the Texas Government Code.

21.4 Immigration. Service Provider represents and warrants that it shall comply with the requirements of the Immigration and Nationality Act (8 U.S.C. § 1101 et seq.) and all subsequent immigration laws and amendments.

21.5 Undocumented Workers. Service Provider certifies that Service Provider does not and will not knowingly employ an undocumented worker in accordance with Chapter 2264 of the Texas Government Code, as amended. If during the Term of this Agreement, Service Provider is convicted of a violation under 8 U.S.C. § 1324a(f), Service Provider shall repay the amount of the public subsidy provided under this Agreement, plus interest, at the rate of the prime rate plus six percent

(6%) per annum, not later than the 120th day after the date the City notifies Service Provider of the violation.

21.6 Human Trafficking. By acceptance of this Contract, Contractor acknowledges that the City of Fulshear is opposed to human trafficking and that no City of Fulshear funds will be used in support of services or activities that violate human trafficking laws.

21.7 Nondiscrimination Against Firearm and Ammunition Industries. Service Provider verifies that it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and will not discriminate during the Term of this Agreement against a firearm entity or firearm trade association, as those terms are defined by Chapter 2274, Government Code, as enacted by S.B. 19, 87th Legislature, Regular Session.

21.8 Anti-Boycott of Energy Companies. Service Provider verifies that it does not boycott energy companies and will not boycott energy companies, as those terms are defined by Chapter 2274, Government Code, as enacted by S.B. 13, 87th Legislature, Regular Session, during the Term of this Agreement.

21.9 Public Information Act. Information, documentation, and other material in connection with this Agreement may be subject to public disclosure pursuant to Chapter 552 of the Texas Government Code (the “Public Information Act”).

Effective January 1, 2020, the requirements of Subchapter J, Chapter 552, Texas Government Code, may apply to this Agreement and the Service Provider agrees that this Agreement can be terminated if the Service Provider knowingly or intentionally fails to comply with a requirement of that subchapter. To the extent, if any, that any provision of this Agreement is in conflict with Texas Government Code, Chapter 552, as amended (the “Texas Public Information Act”), such provision shall be void and have no force or effect.

In accordance with Section 2252.907 of the Texas Government Code, the Service Provider is required to make any information created or exchanged with the City pursuant to this Agreement, regardless of contrary provisions contained herein, and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the City.

21.10 Prohibited Access to Critical Infrastructure. Service Provider verifies that it does not contract with certain foreign-owned companies in connection with critical infrastructure and will not contract with certain foreign-owned companies in connection with critical infrastructure, as those terms are defined Chapter 113, Subtitle C, Title 5 of the Business & Commerce Code, as enacted by S.B. 2116, 87th Legislature, Regular Session, during the Term of this Agreement.

21.11 No Indemnification by the City. The Service Provider and the City expressly acknowledge that the City’s authority to indemnify and hold harmless any third party is governed by Article XI, Section 7 of the Texas Constitution, and any provision that purports to require indemnification by the City is invalid. Nothing in this Agreement requires that the City incur debt, assess or collect funds, or create a sinking fund.

21.12 Force Majeure. In the event either party is rendered unable, wholly or in part, by force majeure to carry-out any of its obligations under this Agreement, except the obligation to pay amounts owed or required to be paid pursuant to the terms of this Agreement, then the obligations of such party, to the extent affected by such force majeure and to the extent that due diligence is being used to resume performance at the earliest practicable time, shall be suspended during the continuance of any inability so caused to the extent provided, but for no longer period. As soon as reasonably possible after the occurrence of the force majeure relied upon, the party whose contractual obligations are affected shall give notice and full particulars of such force majeure to the other party. Such cause, as far as possible, shall be remedied with all reasonable diligence. The term “force majeure,” as used herein, shall include without limitation of the generality thereof, acts of God, strikes, lockouts, or similar civil disturbances, acts of the public enemy, orders of any kind of the government of the United States of America or of the State of Texas or any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, drought, arrests, restraint of government, civil disturbances, explosions, breakage or accidents to machinery, pipelines or canals, and other inabilities of any party, whether similar or those enumerated or otherwise, which are not within the reasonable anticipation or control of the party claiming such inability, which such party should not have avoided by the exercise of due diligence and care.

21.13 Notices. All notices, demands, or requests from one party to another must be in writing and must be (i) personally delivered, (ii) sent by mail, certified or registered, postage prepaid, (iii) sent by facsimile transmission, or (iv) sent by overnight delivery, in any case to the address stated in this Section, or to such other address as the party may request in writing, and are deemed to have been given at the time of receipt or delivery.

IF TO CITY:

Attn: Purchasing Administrator 6611 West Cross Creek Bend Ln.

Fulshear, Texas 77441 Email: cleal@fulsheartexas.gov

21.14 Applicable Law and Forum. This Agreement shall be governed and construed in accordance with the laws of the State of Texas, without regard to the conflicts of laws principles thereof. The Parties agree and acknowledge that this Addendum may not cover all applicable laws or laws that the City may be required to follow.

Any action or suit related to this Agreement must be brought in the state or Federal courts sitting in Fort Bend County, Texas.

22.0 TEXAS ETHICS COMMISSION FORM 1295:

22.1 Effective January 1, 2016 all contracts executed by City Council, regardless of the dollar amount, will require completion of Form 1295 "Certificate of Interested Parties", per the new Government Code Statute §2252.908. All vendors submitting a response to a formal Bid, RFP, SOQ or any contracts, contract amendments, renewals or change orders are required to complete the Form 1295 online through the State of Texas Ethics Commission website.

Please visit: https://www.ethics.state.tx.us/File/

22.2 On-line instructions:

22.2.1 Name of governmental entity is to read: City of Fulshear.

22.2.2 Identification number used by the governmental entity is: 2026-044

22.2.3 Description is the title of the solicitation: Solid Waste Management

22.3 Respondent will be required to provide the Form 1295 within three (3) calendar days from notification; however, if your company is publicly traded you are not required to complete this form. If your company is publicly traded, please provide your ticker symbol.

23.0 TAX EXEMPT:

City of Fulshear is exempt from state and local sales and use taxes under Section 151.309 of the Texas Tax Code. This project will be deemed a separate project for Texas tax purposes, and as such, the City of Fulshear hereby issues its Texas Exemption for the purchase of any items qualifying for exemption under this project. Respondent is to issue its Texas Resale Certificate to vendors and subcontractors for such items qualifying for this exemption, and further, Respondent should state these items at cost.

24.0 INSURANCE AND INDEMNIFICATION:

24.1 To the extent allowed by law, the selected Contractor (the “Contractor”)

INDEMNIFIES and HOLDS HARMLESS the City of Fulshear, its officers, agents, and employees against all costs and expenses, including, without limitation, attorneys’ fees and costs of investigation and defense, as well as legal liability, whether from suit, judgment, settlement or otherwise arising out of any or all claims for injury to persons or property, including but not limited to injuries resulting in death, arising from, or caused by, or incident to any wrongful or negligent act of the Contractor, the Contractor’s agents, invitees, servants, and employees upon the property of the City, or arising or resulting from any intentional tort or intellectual property infringement for which the Contractor is responsible, or for any failure to pay a subcontractor or supplier relating to the performance of Services under this Agreement. Any language to the contrary notwithstanding, the covenants and agreements contained in this paragraph survive the termination of this Agreement for whatever cause.

24.2 Commercial General Liability Insurance: Contractor must maintain comprehensive commercial general liability insurance, covering the City of Fulshear and the Contractor for liability for property damage, bodily injury, personal injury, and death. The insurance provided under this Contract must be in the amount of not less than $2,000,000 per occurrence for property damage and not less than $2,000,000 per occurrence for bodily injury, personal injury, or death. This insurance must protect against liability to any employees or servants of the Contractor and to any other person or persons whose property damage, personal injury, bodily injury, or death arises out of or in connection with the performance of any services under this Contract and must include (i) coverage for premises and operations, (ii) coverage for products liability, and

(iii) contractual liability coverage insuring the obligations of the Contractor under the terms of this Contract. Such policy must name the City of Fulshear (and any successor or assign designated by the City of Fulshear) as an additional insured.

24.3 Umbrella Liability: Contractor must maintain umbrella liability insurance, covering the City of Fulshear and the Contractor for liability for property damage, bodily injury, personal injury and death. The insurance provided under this Contract must be in the amount of not less than $2,000,000 per occurrence for property damage, including loss of use thereof, and not less than $2,000,000 per occurrence for bodily injury, personal injury, or death. This insurance must protect against liability to any employees or servants of the Contractor and to any other person or persons whose property damage, personal injury, bodily injury, or death arises out of or in connection with the performance of any services under this Contract and must include (i) coverage for premises and operations, (ii) coverage for products liability, and (iii) contractual liability coverage insuring the obligations of the Contractor under the terms of this Contract. Such policy must name the City of Fulshear (and any successor or assign designated by the City of Fulshear) as an additional insured.

24.4 Workers Compensation and Employer’s Liability. Contractor must maintain workers compensation insurance to protect against claims under Texas Workers Compensation laws as well as all Federal acts applicable to Contractor’s operations on City property. The limit of liability for such coverage must at least meet applicable statutory requirements. Additionally, each policy must contain an endorsement waiving all rights against the City of Fulshear and the City of Fulshear’s respective agents and employees. Contractor must maintain employer’s liability insurance in the minimum amount of $1,000,000 per occurrence for personal injury, bodily injury, or death to any employee of the Contractor who may bring a claim outside the scope of the Texas Worker’s Compensation laws or Federal acts applicable to the Contractor’s operation on City of Fulshear property.

Each policy must contain an endorsement waiving all rights of subrogation against the City of Fulshear and the City of Fulshear’s respective agents and employees.

24.5 Waiver of Subrogation: The parties agree to waive any and all rights of recovery, claims, actions, or causes of action against the other, its agents, officers, and employees for any injury, death, loss, or damage that may occur to persons or to City of Fulshear property, or any personal property of such party on City of Fulshear property, by reason of fire, windstorm, earthquake, flood, or any other risks, or any other cause which is insured under the insurance policy or policies that either party is required to provide or maintain under this Contract, to the extent and only to the extent of any proceeds actually received by the City of Fulshear or the Contractor, respectively, with respect thereto, regardless of the cause or origin, including negligence of either party hereto, its agents, officers, or employees, and each party covenants that no insurer will hold any right of subrogation against the other. If such waiver is not obtained, the party failing to do so indemnifies the other party for any claim by an insurance carrier arising out of subrogation.

24.6 Insurance Requirements: The phrases “Required Policy” and “Required Policies” mean each policy of insurance required to be maintained by the Contractor under the terms of this Contract. Each Required Policy must be written by a company satisfactory to the City of Fulshear but, in all events, a company with an A.M. Best Company financial rating of not less than A:XII (or a similar rating by a comparable service selected by the City of Fulshear should A.M. Best Company cease providing such ratings) and be licensed to do business in Texas or, if the aforesaid is not available, by a company qualified to do business as a non-admitted insurer in Texas under current Texas surplus lines requirements. Such policies must be endorsed so as to require thirty (30) days’ prior written notice to the City of Fulshear in the event of cancellation, non-renewal, or material change. Required Policies must contain cross-liability clauses, when applicable and available. The Contractor must deliver to the City of Fulshear a certificate of insurance for any Required Policy no later than five (5) business days after the award of this Contract. The required evidence of coverage must always be deposited with the City of Fulshear.

If the Contractor fails to do so, such failure may be treated by the City of Fulshear as a default by the Contractor, and the City of Fulshear, in addition to any other remedy under this Agreement, may purchase and maintain such Required Policy, and the Contractor must immediately reimburse the City of Fulshear for any premiums paid or costs incurred by the City of Fulshear in providing such insurance. Failure of the Contractor to reimburse the City of Fulshear is a default by the Contractor under this Agreement.

24.7 Indemnity for Noncompliance with Insurance Requirements: Contractor

INDEMNIFIES and HOLDS HARMLESS the City of Fulshear from any loss the Contractor may suffer due to the Contractor’s failure to comply with all the above insurance requirements, including the requirement for obtaining waivers of subrogation, and due to any insurance coverage being invalidated because of the Contractor’s failure to comply with the terms, conditions, and warranties of any Required Policy.

24.8 No Indemnification by the City: The Contractor and the City of Fulshear expressly acknowledge that the City’s authority to indemnify and hold harmless any third party is governed by Article XI, Section 7 of the Texas Constitution, and any provision that purports to require indemnification by the City of Fulshear is invalid.

Nothing in this Contract requires that the City of Fulshear incur debt, assess or collect funds, or create a sinking fund.

25.0 PERFORMANCE BONDS:

In the event the total accepted proposal price exceeds $50,000, the selected Contractor shall provide the City of Fulshear Purchasing Administrator with a performance bond in an amount equal to 100% of the total Contract sum. The selected Contractor shall provide the performance bond within ten (10) calendar days after receipt of notification of contract award.

The performance bond shall be executed by a corporate surety duly authorized and admitted to do business in the State of Texas and licensed in the State of Texas to issue surety bonds, with a Best Rating of “A” or better. The City of Fulshear reserves the right to accept or reject any surety company proposed by the selected Contractor. If the City rejects the proposed surety company, the selected Contractor shall be afforded five (5) additional calendar days to submit the required performance bond issued by a surety company acceptable to the City of Fulshear.

26.0 VENDOR QUALIFICATIONS:

Vendor must certify that he/she is a duly qualified, capable, and otherwise bondable business entity that he/she is not in receivership or contemplates same, nor has filed for bankruptcy. He/she further certifies that the Company, Corporation, or Partnership does not owe any back taxes within City of Fulshear, that he/she is able and capable of performing this proposal through his/her own resources without subcontracting or assignment, and that he/she is normally engaged in this type of business. Vendor further warrants that he/she is familiar with all laws, regulations, and customs applicable to this type of service.

27.0 SCOPE OF SERVICES

The Contractor shall provide Solid Waste Collection and Disposal Services for the City of Fulshear in accordance with this Request for Proposals and Exhibit A – Solid Waste Collection and Disposal Scope and Pricing Requirements. Exhibit A is incorporated into and made a part of this Request for Proposals and any resulting Contract.

The Respondent shall review Exhibit A in its entirety and shall provide a complete response to all requirements contained therein, including all required pricing. The Contractor shall provide all labor, equipment, vehicles, carts, containers, transportation, disposal, supervision, and other resources necessary to perform the services described in Exhibit A and the resulting Contract.

28.0 PROPOSAL RESPONSE FORMAT:

To assist the City in reviewing and evaluating proposals, Respondents should organize their proposals in the following order:

28.1 Cover Letter and Company Information

Provide the legal name of the Respondent, primary contact information, and the name and title of the individual authorized to submit the proposal.

28.2 Company Qualifications and Relevant Experience

Provide information regarding the Respondent's qualifications and experience providing solid waste collection and disposal services similar to those described in this Request for Proposals.

28.3 References

Provide a minimum of three (3) references for similar solid waste collection and disposal services performed within the past five (5) years. Each reference shall include the client name, contact person, telephone number, email address, and dates of service.

28.4 Proposed Services and Approach

Provide a description of the Respondent's proposed approach to providing the services identified in Exhibit A – Solid Waste Collection and Disposal Scope and Pricing Requirements, including the Respondent's ability to meet the City's requirements.

28.5 Equipment and Disposal

Provide information regarding the equipment, resources, and disposal methods proposed to perform the services.

28.6 Pricing

Complete all pricing requirements identified in Exhibit A. All required pricing shall be clearly identified and included with the proposal.

28.7 Exceptions and Clarifications

Identify any exceptions, exclusions, qualifications, or proposed deviations from the requirements of this Request for Proposals or Exhibit A. If there are no exceptions or deviations, the Respondent should state “No Exceptions.”

28.8 Required Forms

Include all forms required by Section 33.0 and any other forms or certifications specifically required by this Request for Proposals.

Respondents should clearly identify each section of their proposal. The City will evaluate proposals based on the evaluation criteria identified in this Request for Proposals.

29.0 EVALUATION CRITERIA AND FACTORS:

In order to facilitate the analysis of responses to this Proposal, Respondents are required to prepare their proposals in accordance with the instructions outlined herein. Proposals should be prepared as simply as possible and provide a straightforward, concise description of the Respondent’s capabilities to satisfy the requirements of the Proposal. Emphasis should be concentrated on accuracy, completeness, and clarity of content. Respondents will be ranked in order based on the evaluation criteria.

29.1 Evaluation Matrix

Responsiveness 20%

Services offered and ability to meet the requirements herein 40%

Total cost for services 20%

Equipment/Disposal 20%

30.0 EVALUATION PROCESS:

30.1 After the proposals are received, the evaluation team shall evaluate each proposal that was submitted on time, and the evaluation shall be based on the criteria listed in the Request for Proposals. Selection committee members will conduct a quantitative evaluation according to a numerical ranking system and a qualitative evaluation for overall proposal content and its conformance to requirements. The entire evaluation committee will then meet to discuss the strong and weak points of each proposal to assure that it has been evaluated fairly, impartially and comprehensively. Following this initial evaluation, the evaluation team may recommend contract award without further discussion with Respondents, or the firms submitting the top rated proposals may be asked to make an oral presentation to the evaluation team for the purpose of further clarification and evaluation of the proposals.

30.2 If oral presentations are scheduled, the representatives of the firm who will be directly assigned to the account must be present at the interview.

30.3 The evaluation team shall not disclose any information included in a firm’s proposal to another firm during the RFP process and shall not disclose any information for the purpose of bringing one firm’s proposal up to that of a competitor’s proposal.

30.4 After final offers are received, the evaluation team shall re-evaluate each of the final offers, including those deemed final at the interview. The final offers shall be evaluated on the same criteria used in the first evaluation.

30.5 City of Fulshear reserves the right to reject any and all proposals received for any reason that would be to the benefit of the City of Fulshear.

30.6 All proposals submitted are to be valid for a period of ninety (90) days.

31.0 AWARD:

Proposals will be opened on the date specified on the cover page and kept confidential until the City of Fulshear City Council awards a final negotiated contract. Only the names of the respondents will be read aloud during the opening. All proposals that have been submitted shall be open to public inspection after the contract award. A Notice of Intent to Award will be emailed to all respondents and will initiate the protest period.

32.0 AMENDMENTS OR MODIFICATIONS AFTER AWARD:

Any amendments or modifications required after contract award will be presented in writing to the City of Fulshear Purchasing Administrator. All amendments or modifications require City Council approval.

33.0 FORMS REQUIRED IN ADDITION TO PROPOSAL

33.1 W-9

33.2 Conflict of Interest Questionnaire

Solid Waste Collection and Disposal RFP:

COST: 20%

- Modification of Rates based on 90% of the 12-month percent change in all items CPI plus 10% of the 12-month change of the Gasoline CPI o Only once per year to take effect October 1

- Combined Collection Service, price per home per month o 1 time weekly MSW collection using a 95 gallon poly cart o 1 time weekly Recycle collection using a 95 gallon poly cart o 1 time weekly bulk, up to 4 cubic yard, and brush collection

- Price for replacing carts

- Price for additional carts

- Commercial service price based on size and frequency ranging from: 2-8 cubic yards and 1-5 times a week

- Any fuel recovery fee

- Locking device cost for commercial dumpsters

- Disaster Rates o Rate for roll off truck and container o Rate for grapple truck o Rate for rear load truck and crew o Disposal fee per cubic yard

- Roll Off Containers o Construction Debris

▪ Delivery fee

▪ 20yd Rate

▪ 30yd rate

▪ 40yd rate o Solid Waste

▪ Delivery fee

▪ 20yd rate

▪ 30yd rate

▪ 40yd rate

- Compactors o 20yd o 40yd

SERVICE: 40%

- Handicapped assistance

Exhibit A o House side collection of polycarts, bags, and/or bundles with prior notice given.

- Municipal o 1(one) 4yd dumpsters for City Hall o 2(two) 4yd dumpsters for Eagle Landing Park o 2(two) 4yd dumpsters for Primrose Park o 1(one) 2, 3, or 4yd dumpster at city’s discretion o 3(three) additional dumpsters

▪ Irene Stern

▪ Downtown WRF

▪ CCR WRF

o As needed at City Events

- Community Clean Ups o 2(two) 40yd roll offs with 2 hauls per roll off, twice a year for community clean ups

- Christmas Tree Recycling:

o Provide up to 30 hauls for a roll off container for Christmas Tree Recycling

RSPONSIVNESS: 20%

Complaints:

- Maintain a log of complaints and provide to the city on a weekly basis

- Any missed pick ups will be collected the same day if notification is given before

2pm and the next day if notification is after 2pm

EQUIPMENT/DISPOSAL: 20%

Collection Equipment:

- Clearly marked with contractors name, unit number and phone number

- Maintained in safe and efficient working condition

- Washed and sanitized with a suitable disinfectant at least once per month

- Equipment should not be allowed to leak or scatter any waste

Disposal:

- Solid waste collected shall be disposed of in a way meeting all state and federal regulations