26-16 Acceptance of Recyclables.pdf

BID SUMMARY SHEET

CITY OF ODESSA

PURCHASING DEPARTMENT

P.O. BOX 4398

ODESSA, TEXAS 79760-4398

#26-53720-16

The enclosed invitation to bid for Acceptance of Recyclables MRF (Material Recovery Facility) contains the following information:

A. Notice to Proposers

B. Specifications and Conditions

C. Proposal Form

D. Acknowledgment Form

E. General Terms and Conditions

F. Residency Certification Form

G. Conflict of Interest Questionnaire - Form CIQ

H. Conflict of Interested Parties - Form 1295

If any of the above items are not included, you should immediately contact the Purchasing Department, City of Odessa at the mailing address above or at 411 West 8th Street, Second Floor, Odessa, Texas (432) 335-3253 and request the missing information.

Marisa Rodriquez

Director of Purchasing

NOTICE TO BIDDERS

Sealed Request for Bids addressed to the Honorable Mayor and City Council of the City of Odessa, Texas, will be received in the Office of the City Secretary, 411 W. 8th Street - 1st Floor, until

3:30 p.m., Thursday, September 3, 2026, and then publicly opened at 4:00 p.m. in City

Council Chambers for furnishing the City of Odessa with the following items:

Item

Specifications No.

Acceptance of Recyclables MRF (Material

Recovery Facility)

Specifications and proposal forms may be obtained by calling the Purchasing Department at 432-335-3253 or email purchasing@odessa-tx.gov

Marisa Rodriquez

Director of Purchasing mailto:purchasing@odessa-tx.gov

SPECIFICATIONS AND CONDITIONS

Acceptance of Recyclables MRF (Material Recovery Facility)

AGREEMENT

ARTICLE I

GENERAL CONDITIONS AND SPECIFICATIONS

Award of bid shall be for a Hauling of Recyclables contract service with the City of Odessa, Texas.

1.1 INTRODUCTION

The City of Odessa (City) seeks a qualified Material Recovery Facility (MRF) to accept and collect all recyclable materials from the Keep Odessa Beautiful Facility, 816 W.

42nd St., Odessa, Texas 79764.

1.2 SCOPE OF WORK

The Contractor will:

A. Collect all Recyclables from the Keep Odessa Beautiful Facility at 816 W. 42nd

Street. (cardboard, plastics 1&2 type, paper, aluminum cans, tin cans), hauled by the City of Odessa.

B. Obtain a ‘loaded’ weight ticket from a Texas-licensed scale to Solid Waste administrative offices for each load.

C. Obtain an ‘unloaded / empty’ weight ticket at the same scale facility used above

D. Accept recyclables as needed

E. Invoicing and payment will occur on a monthly basis

F. All data/tonnages of recyclables sent to the Keep Odessa Beautiful administer by email.

1.3 CONTACTS

A. Any technical questions concerning product specifications prior to the bid opening date should be directed to:

Jathan Escontrias, Solid Waste Division Manager (432) 368-3511

B. Any questions concerning the bid document or preparation of bids prior to the bid opening date should be directed to:

Marisa Rodriquez, Director of Purchasing (432) 335-3253

1.4 GENERAL CONDITIONS

A. Proposals received after the date and time specified on the "Notice to Proposers" shall be returned unopened and considered void and unacceptable. The City of Odessa is not responsible for the lateness of mail carrier, etc., and the time/date stamp in the office of the City Secretary shall be the official time of receipt.

B. Proposals cannot be altered or amended after the closing date. Alterations made before closing must be initialed by the proposer guaranteeing authenticity.

Proposals may not be withdrawn after the proposal closing date, and the proposer agrees upon submittal of their proposal.

C. Proposals will be received and publicly acknowledged at the location, date, and time identified in the "Notice to Proposers.” Proposers, their representatives, and interested persons may be present. The proposals received will be publicly opened but not read aloud. Proposals shall remain valid for ninety (90) days from the date & time identified in the "Notice to Proposers.”

D. By submitting a proposal, the proposer certifies that he has fully read and understands the "Request for Proposal" and has complete knowledge of the scope, quantity, and quality of the services to be furnished.

E. The proposer shall furnish any additional information as the City of Odessa may require. The City reserves the right to investigate the proposer's qualifications as it deems appropriate.

F. No public official or City Employee shall enter into a contract with the City that violates Local Government Code, Section 171.003.

G. This proposal, when properly accepted by the City of Odessa, shall constitute a contract equally binding between the successful proposer and the City of Odessa.

H. No oral statement of any person shall modify, otherwise change, or affect the terms, conditions, or specifications stated in the resulting contract.

I. Proposers are advised that all City contracts are subject to all legal requirements provided in the City Charter and/or applicable City ordinances, State and Federal Statutes.

J. Any proposal that does not contain all of the information requested in this RFP will be considered incomplete and may be rejected by the City of Odessa.

K. Proposers must disclose any and all conflicts with the City of Odessa.

1.5 PROPOSAL SCHEDULE

1. Issuance of Request for Proposals: Wednesday August 19, 2026

2. Sealed Proposals are Due: Thursday September 3, 2026

1.6 QUANTITIES

Recyclables will be hauled and accepted as needed to MRF

1.7 PRICING

A. Pricing shall be F.O.B. delivery points identified in these specifications and shall include superfund charges, if applicable.

B. The City of Odessa is by statute exempt from state sales tax and federal excise tax;

therefore, the bid price shall not include tax.

1.8 BASIS FOR CONTRACT AWARD

A. Material Recovery Facility (MRF) must be located in Ector County / Odessa, Texas

B. Bid will be awarded to the lowest responsible vendor as determined by the City of

Odessa.

C. The City of Odessa reserves the right to accept or reject any qualified bid, reject any and all bids, and waive minor informalities.

D. Contract, if awarded, shall be an initial two (2) year term, the City may, at its option, renew this contract for an additional twelve (12) month period if agreed to in writing by both parties sixty (60) days prior to the contract expiration date up to a total of three (3) years.

1.9 PROTECTION OF OTHER PERSONS AND PROPERTY

The said successful bidder shall take proper means to protect other persons or property which is in any way encountered or which might be injured or seriously affected by delivery of materials under this agreement; and he shall be liable for any and all claims for such damage or injury on account of his failure to fully protect other persons and property.

1.10 QUALIFICATION OF BIDDERS

Bidders must, at the City's request, furnish satisfactory evidence of their ability to furnish the product or services in accordance with the terms and conditions of these specifications. The City of Odessa reserves the right to make the final determination of the bidders' ability.

1.11 CONFLICT OF INTEREST

Chapter 176 of the Texas Local Government Code requires that any respondent or person considering doing business with a local government entity must disclose in the Conflict of

Interest Questionnaire form (the “Form CIQ”) the respondent or person’s affiliation or business relationship that might cause a conflict of interest with a local government entity.

A respondent must complete and file the Form CIQ. (attached) within the timeframe specified in Section 176.006 of the Texas Local Government Code. The Form CIQ, a sample of which is attached, must also be submitted with bid response.

For more information or to obtain the Form CIQ. go to the Texas Ethics Commission’s web page at https://www.ethics.state.tx.us/data/forms/conflict/CIQ.pdf https://www.ethics.state.tx.us/data/forms/conflict/CIQ.pdf

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.

1.12 CERTIFICATE OF INTERESTED PARTIES

Pursuant to Section 2252.908 of the Texas Government Code, a private business entity cannot enter into specific contracts with the City of Odessa unless the business entity completes Form 1295 “Certificate of Interested Parties.” Form 1295, a sample of which is attached, must be submitted with bid response.

For more information, please visit the State of Texas Ethics Commission website at the following links:

https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm; and https://www.ethics.state.tx.us/resources/FAQs/FAQ_Form1295.php.

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.

1.13 FUNDING

The City of Odessa is a home-rule municipal corporation operated and funded on a October

1 to September 30 basis; accordingly, the City reserves the right to terminate, without liability to the City, any contract for which current revenues are not available.

ARTICLE II

General Terms and Conditions

The following general terms and conditions shall apply to this Agreement and any amendments hereto.

2.1 Amendments or Modifications. This Contract, and any attachments, exhibits, or addenda, may be amended or modified only by a written instrument executed by all Parties. If there are any conflicts between the Amendment and a previous version of this Contract, the terms of the Amendment will prevail.

2.2 Anti-Boycott Statutes. To the extent that Sections 2271.002 and 2274.002, and 2276.002 of the Texas Government Code (collectively, the “Anti-Boycott Statutes”) apply to this

Contract, Proposer hereby verifies that:

• Proposer does not boycott Israel and will not boycott Israel during the term of this

Contract;

• Proposer does not boycott energy companies and will not boycott energy companies during the term of this Contract; and https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm https://www.ethics.state.tx.us/resources/FAQs/FAQ_Form1295.php

• Proposer does not have a practice, policy, guidance, or directive that discriminates against firearm entity or firearm trade association and will not discriminate during the term of this Contract against a firearm entity or firearm trade association.

To the extent that the Anti-Boycott Statutes do not apply to this Contract, such verification is not required, and Proposer shall be deemed to have not made such verification.

2.3 Assignment. Proposer shall not, either directly or indirectly, assign all or any part of this

Contract or any interest, right or privilege herein, without the prior written consent of City.

The issue of whether or not to grant consent to an assignment is in the sole discretion of

City.

2.4 Compliance With Disclosure Requirements. Proposer agrees that it shall comply with

Texas Government Code Section 2252.908, et seq., as amended and Texas Local

Government Code Section 176.006, et seq., as amended.

2.5 Conflict of Terms. If a conflict of terms or language exists between: (i) any of the provisions of this Contract and (ii) any of the provisions contained in any exhibit(s) attached to this

Contract, precedence shall be given to the provisions of this Contract. For the avoidance of any doubt, the provisions contained in this Contract shall supersede and take priority over any and all conflicting provisions contained in any exhibit(s) attached hereto. Furthermore, the Parties acknowledge and agree that any provision contained in an exhibit(s) attached to this Contract that imposes an additional express or implied obligation on City is hereby made void and of no force or effect. City’s sole and exclusive obligations under this

Contract are contained in the provisions of this Contract that precede the signature pages, which evidences the Parties’ execution and acceptance hereof.

2.6 COVENANT NOT TO SUE. PROPOSER HEREBY KNOWINGLY,

VOLUNTARILY, AND FOREVER COVENANTS AND AGREES NOT TO BRING

SUIT IN LAW OR EQUITY ARISING OUT OF OR IN ANY WAY RELATED TO

THE EXECUTION, PERFORMANCE, INTERPRETATION, OR BREACH OF

THIS CONTRACT. PROPOSER AGREES THAT THE PLAIN LANGUAGE OF

THIS COVENANT DOES BAR FUTURE SUITS AND CLAIMS. THIS

LANGUAGE IS BROAD ENOUGH TO COVER ALL FUTURE DIRECT

DAMAGES AND CONSEQUENTIAL DAMAGES.

2.7 Disputes. Except as otherwise provided in this Contract, during the period of performance of the Contract, any dispute between the parties arising out of the performance of this

Contract which is not disposed of by Agreement shall be decided by the City, who shall reduce its decision to writing and mail or otherwise furnish a copy thereof to the Proposer.

The decision of the City shall be final and conclusive unless, within 30 days from the date of receipt of such copy, the Proposer mails or otherwise furnishes to the City a written appeal. The decision of the City, or its duly authorized representative for the determination of such appeals, shall be final and conclusive. Such appeals shall be final and conclusive subject to any legal remedy that may be available under the laws of the State of Texas to the aggrieved party to further review such decision. In connection with any appeal of the

City's decision under the paragraph, the Proposer shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of dispute hereunder, the Proposer shall proceed diligently with the performance of the contract and in accordance with the City's decision.

2.8 Employment Eligibility Verification. Proposer shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Proposer shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Proposer shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Proposer employee who is not legally eligible to perform such services. Proposer shall indemnify City and hold City harmless from any penalties, liabilities, or losses due to violations of this paragraph by Proposer, Proposer's employees, subcontractors, agents, or licensees. City, upon written notice to Proposer, shall have the right to immediately terminate this Agreement for violations of this provision by Proposer.

2.9 Funding. In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal period for contract payments due under this Contract, then this Contract shall terminate on the last day of the fiscal period for which full appropriations were made, without penalty or expense to City of any kind whatsoever.

2.10 Governing Law and Venue. This Contract shall be governed by the laws of the State of

Texas, without regard to the state’s choice of law provisions. All performance and payment made pursuant to this Contract shall be deemed to have occurred in Ector County, Texas.

The obligations and undertakings of each of the Parties shall be deemed to have occurred in Ector County, Texas. The State Courts of Texas shall have sole and exclusive jurisdiction over all controversies with respect to the execution, interpretation, or performance of this Contract, and the Parties waive any other venue to which they may be entitled by virtue of domicile or otherwise. City and Proposer are hereby contractually agreeing to waive their right to remove a case from state to federal court.

2.11 Governmental Immunity. By executing this Contract City is not waiving its right of governmental immunity. City is retaining its immunity from suit. City is not granting consent to be sued by legislative resolution or action. THERE IS NO WAIVER OF

GOVERNMENTAL IMMUNITY.

2.12 Headings and Titles. The article headings and titles provide context and can help describe and inform the meaning of the sections they label, and courts should construe contractual provisions in a manner that is consistent with the labels the Parties have given them.

2.13 INDEMNITY. PROPOSER SHALL INDEMNIFY AND HOLD HARMLESS AND

DEFEND CITY AND ALL OF CITY’S OFFICERS, AGENTS AND EMPLOYEES

FROM ALL SUITS, ACTIONS, CLAIMS, DAMAGES, PERSONAL INJURIES,

ACCIDENTAL DEATH, LOSSES, PROPERTY DAMAGE AND EXPENSES OF

ANY CHARACTER WHATSOEVER, INCLUDING ATTORNEY’S FEES,

BROUGHT FOR OR ON ACCOUNT OF ANY INJURIES OR DAMAGES

RECEIVED OR SUSTAINED BY ANY PERSON OR PERSONS OR PROPERTY,

ON ACCOUNT OF ANY NEGLIGENT ACT OF PROPOSER, ITS AGENTS OR

EMPLOYEES, OR ANY SUBCONTRACTOR, IN THE EXECUTION,

SUPERVISION AND OPERATIONS GROWING OUT OF OR IN ANY WAY

CONNECTED WITH THE PERFORMANCE OF THIS CONTRACT, AND

PROPOSER WILL BE REQUIRED TO PAY ANY JUDGMENT WITH COSTS

WHICH MAY BE OBTAINED AGAINST CITY OR ANY OF ITS OFFICERS,

AGENTS OR EMPLOYEES, INCLUDING ATTORNEY’S FEES. THE

OBLIGATIONS CONTAINED IN THIS SECTION SHALL SURVIVE THE

TERMINATION OF THIS CONTRACT.

PROPOSER AGREES THAT IT WILL INDEMNIFY AND SAVE CITY

HARMLESS FROM ALL CLAIMS GROWING OUT OF ANY DEMANDS OF

SUBCONTRACTORS, LABORERS, WORKMEN, MECHANICS,

MATERIALMEN, AND FURNISHERS OF MACHINERY AND PARTS THEREOF,

EQUIPMENT, POWER TOOLS AND ALL SUPPLIES, INCURRED IN THE

FURTHERANCE OF THE PERFORMANCE OF THIS CONTRACT. WHEN CITY

SO DESIRES, PROPOSER SHALL FURNISH SATISFACTORY EVIDENCE

THAT ALL OBLIGATIONS OF THE NATURE HEREINABOVE DESIGNATED

HAVE BEEN PAID, DISCHARGED OR WAIVED. PROPOSER, ITS SURETIES

AND INSURANCE CARRIERS SHALL DEFEND, INDEMNIFY AND SA VE

HARMLESS CITY AND ALL OF ITS OFFICERS, AGENTS AND EMPLOYEES

FROM ALL SUITS, ACTIONS, OR CLAIMS OF ANY CHARACTER

WHATSOEVER, BROUGHT FOR OR ON ACCOUNT OF ANY INJURIES OR

DAMAGES RECEIVED OR SUSTAINED BY ANY PERSON OR PERSONS OR

PROPERTY, ARISING FROM ANY ACT OF PROPOSER OR ANY

SUBCONTRACTOR, ITS AGENTS OR EMPLOYEES, IN THE EXECUTION

AND SUPERVISION OF THIS CONTRACT, AND WILL BE REQUIRED TO PAY

ANY JUDGMENT WITH COSTS WHICH MAY BE OBTAINED AGAINST CITY

OR ANY OF ITS OFFICERS, AGENTS, OR EMPLOYEES INCLUDING

ATTORNEY’S FEES. THE OBLIGATIONS CONTAINED IN THIS SECTION

SHALL SURVIVE THE TERMINATION OF THIS CONTRACT.

2.14 Independent Contractor. Proposer shall perform all work and services described herein as an independent contractor and not as an officer, agent, servant, or employee of City.

Proposer shall have exclusive control of, and the exclusive right to control the details of the services and work to be performed hereunder, and all persons performing the same.

Proposer shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors, and subcontractors and the doctrine of respondeat superior shall not apply as between City and Proposer, its officers, agents, employees, contractors, and subcontractors. Nothing in this Contract shall be construed as creating a partnership or joint enterprise between City and Proposer. No person performing any of the work and services described hereunder by Proposer shall be considered an officer, agent, servant, or employee of City. Further, it is specifically understood and agreed that nothing in this Contract is intended or construed as creating a “Community of Pecuniary Interest” or an “Equal Right of Control” which would give rise to vicarious liability.

Proposer shall be an independent contractor under this Contract and shall assume all of the rights, obligations, and liabilities applicable to it as such independent contractor hereunder.

City does not have the power to direct the order in which the work is done. City shall not have the right to control the means, methods, or details of Proposer’s work. Proposer shall assume exclusive responsibility for the work. Proposer is entirely free to do the work in its own way

2.15 Insurance.

Proposer shall at all times during the term of this Contract maintain and keep in full force and effect insurance in the following types and minimum amounts with companies authorized to do business in the State of Texas:

Commercial General Liability (including Contractual liability):

-Personal Injury: $1,000,000.00 per person

$1,000,000.00 per occurrence

-Property Damage: $500,000.00 per occurrence

Business Automobile Liability: $1,000,000.00 combined single limit -

Personal Injury and Property Damage

Workers’ Compensation: Statutory limits

Employers’ Liability: $500,000.00 per accident or occurrence

The Commercial General Liability shall be on a per project aggregate, including completed operations, and shall be on a claims-occurred basis. This insurance shall name City as an additional insured and waive subrogation in favor of City. All insurance must be approved by the City Attorney.

The Business Automobile Liability insurance provided by Proposer shall cover any auto for bodily injury and property damage, including owned vehicles, hired and non-city vehicles, and employee non-ownership, and the amount of such policy shall be a minimum of $1,000,000.00 covering any vehicle used for the execution of the work that is the subject of this Contract. This insurance shall name City as an additional insured and waive subrogation in favor of City.

The Workers’ Compensation coverage provided by Proposer shall inure to the benefit of employees injured during the course and scope of their employment by Proposer pursuant to this Contract. The Workers’ Compensation shall waive all rights of subrogation in favor of City.

All insurance required pursuant to this Contract shall provide for a waiver of subrogation in favor of City. All insurance required pursuant to this Contract, except for Workers’

Compensation Insurance, shall name City as an additional insured on a claims-occurred basis. City shall be provided notice by Proposer’s insurance provider not later than thirty

(30) days prior to any reduction or termination of such coverage.

Proposer shall contractually require all contractors, subcontractors, and sub-subcontractors that work on any portion of the work that is the subject of this Contract to obtain insurance coverage that meets or exceeds the policy requirements and minimum amounts specified herein. All contractors, subcontractors, and sub-subcontractors shall obtain insurance policies that provide blanket waivers of subrogation in favor of the City of Odessa and policies that name the City of Odessa as an additional insured on a claims-occurred basis

(except worker compensation).

Prior to the execution of this Contract, Proposer shall provide one or more certificates of insurance specifically stating that these requirements have been met and subject to the approval of City. City shall not be required to provide any insurance whatsoever pursuant to this Contract.

Proposer certifies that the certificate of insurance provided as required herein complies with the requirements of Chapter 1811 of the Texas Insurance Code. Proposer shall not use an unapproved certificate of insurance or insert inappropriate language on a certificate.

Compliance with state law is the sole responsibility of Proposer.

2.16 Interpretation. By executing this Agreement, the Parties acknowledge and agree that this

Agreement shall not be interpreted or construed against any Party solely because such Party or its legal counsel drafted this Agreement. The Parties have read, understood, and approve of the language and terms set forth herein.

2.17 Iron or Steel Products. Company agrees that all iron or steel products produced through a manufacturing process and used in the project that is the subject of this Contract shall be produced in the United States in accordance with Government Code § 2252.202, et seq., as amended.

2.18 No Third-Party Beneficiary. City’s approval of this Contract does not create a third-party beneficiary. There is no third-party beneficiary to this Contract. No person or entity who is not a party to this Contract shall have any third-party beneficiary or other rights hereunder.

2.19 Non-Waiver. Approval of City shall not constitute nor be deemed a release of the responsibility and liability of Proposer, its employees, agents or associates under the

Contract nor shall approval be deemed to be the assumption of such responsibility by City.

2.20 Nondiscrimination. As a condition of this Contract and in connection with any work performed under this Contract, Proposer covenants that it shall comply fully with all Civil

Rights Acts and specifically will not discriminate against any person based on race, color, national origin, sex, age, religion, or by reason of being disabled, either directly, indirectly or through contractual or other arrangements. In this regard, Proposer shall keep, retain, and safeguard all records relating to this Contract or work performed hereunder for a minimum period of three (3) years from final Contract completion, with full access allowed to authorized representatives of City, upon request, for purposes of evaluating compliance with this and other provisions of the Contract.

2.21 Notice of Alleged Breach; Statutory Prerequisites. As a condition precedent to filing suit for alleged damages incurred by an alleged breach of an express or implied provision of this Contract, Proposer or its legal representative, shall give the City Manager, or any other reasonable official of City, notice in writing (consisting of one (1) original and seven (7) copies of notice attached to a copy of this Contract) of such damages, duly verified, within one hundred twenty (120) days after the same has been sustained. The discovery rule does not apply to the giving of this notice. The notice shall include when, where and how the damages occurred, the apparent extent thereof, the amount of damages sustained, the amount for which Proposer shall settle, the physical and mailing addresses of Proposer at the time and date the claim was presented and the physical and mailing addresses of

Proposer for the six (6) months immediately preceding the occurrence of such damages, and the names and addresses of the witnesses upon whom Proposer relies to establish its claim; and a failure to provide such written notification within the time and manner provided herein shall exonerate, excuse and except City from any liability whatsoever. City is under no obligation to provide notice to Proposer that Proposer’s notice is insufficient.

City reserves the right to request additional information regarding the claim. Said additional information shall be supplied within thirty (30) days after receipt of notice.

The statutory prerequisites outlined herein constitute jurisdictional requirements pursuant to Section 271.154 of the Texas Local Government Code and Section 311.034 of the Texas

Government Code. Notwithstanding any other provision to the contrary, Proposer’s failure to comply with the requirements of this section shall perpetually bar Proposer’s claim for damages under Chapter 271 of the Texas Local Government Code, and Section 311.034 of the Texas Government Code, regardless if City has actual or constructive notice or knowledge of said claim or alleged damages. Proposer agrees that the requirements of this entire Contract are reasonable. The provisions and obligations of this section shall survive the termination of this Contract.

2.22 Payment. Promptly after receipt of each proper invoice or voucher and statement of cost, the City shall, except as otherwise provided in this contract, make payment thereof as approved by the City. At any time prior to final payment under this contract the City may have the invoices or vouchers and statements of costs audited. Any payment thereafter may be reduced for prior overpayments, or increased for prior underpayments, on preceding invoices or vouchers and statements of cost.

2.23 Payment and Performance Bonds. Proposer agrees to make, execute and deliver to City good and sufficient surety bonds for the faithful performance of the terms and stipulations of the contract and for the payment to all claimants for labor and/or materials furnished in the furtherance of the works, such bonds being as provided and required in Chapter 2253

Texas Government Code and such bonds shall be one-hundred (100%) of the total contract sum, and said surety shall be a surety company duly and legally authorized to do business in the State of Texas, and acceptable to the City.

2.24 Permits and Licenses. Proposer will maintain in effect, at its sole expense, during the term of this Agreement any and all Federal, State and/or local licenses and permits which may be required of Proposer generally.

2.25 Prevailing Wage Rates. Proposer, and any subcontractors, shall comply with all requirements of Chapter 2258, Texas Government Code.

If applicable, the Davis-Bacon Act, 29 CFR 5.5, and any related acts or regulations are hereby incorporated by reference and made a part of this Contract, and all terms and requirements under said laws, by such incorporation, are made terms and requirements of this Contract, to which the Parties have agreed to be bound.

2.26 Private Land Entry. No entry onto any property of others by Proposer on behalf of City to survey, or for other reasons related to the performance of the Work shall be made until

Proposer has secured the landowners’ permission to enter and perform such activities, and

Proposer shall hold City harmless from any and all damages arising from activities of

Proposer on land owned by others.

2.27 Prompt Pay Act. City and Proposer agree that Texas Government Code, Chapter 2251, Payment for Goods and Services (the “Prompt Pay Act”) does not waive governmental immunity.

2.28 Public Information. To the extent that this Contract is a contract described by Texas

Government Code Section 552.371, Proposer agrees as follows in accordance with Texas

Government Code Section 552.372(b): The requirements of Texas Government Code

Chapter 552 Subchapter J may apply to this Contract, and Proposer agrees that the Contract can be terminated if Proposer knowingly or intentionally fails to comply with a requirement of that subchapter.

Records Retention and Production of Information. To the extent that this Contract is a contract described by Texas Government Code Section 552.371, Proposer shall: (i) preserve all contracting information related to this Contract as provided by the records retention requirements applicable to City for the duration of this Contract; (ii) promptly provide to City any contracting information related to the Contract that is in the custody or possession of Proposer on request of

City; and (iii) on completion of the Contract, either: (a) provide at no cost to City all contracting information related to the Contract that is in the custody or possession of Proposer; or (b) preserve the contracting information related to the Contract as provided by the records retention requirements applicable to City.

2.29 RELEASE. NOTWITHSTANDING ANY OTHER PROVISION CONTAINED

HEREIN PROPOSER HEREBY RELEASES, ACQUITS, RELINQUISHES, AND

FOREVER DISCHARGES CITY AND CITY’S COUNCIL MEMBERS,

EMPLOYEES, AND OFFICERS FROM ANY AND ALL DEMANDS, CLAIMS,

DAMAGES, LAWSUITS, OR CAUSES OF ACTION OF ANY KIND

WHATSOEVER THAT PROPOSER HAS OR MIGHT HAVE IN THE FUTURE,

INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, QUANTUM

MERUIT, CLAIMS UNDER THE DUE PROCESS AND TAKINGS CLAUSES OF

THE TEXAS AND UNITED STATES CONSTITUTIONS, TORT CLAIMS, OR

CITY’S NEGLIGENCE OR GROSS NEGLIGENCE. THE OBLIGATIONS

CONTAINED IN THIS SECTION SHALL SURVIVE THE TERMINATION OF

THIS CONTRACT.

2.30 Representation. Proposer represents that no City officer, employee, or agent has been compensated in any way with respect to this Contract and its consideration by City. In no event will Proposer pay a fee to or in any other manner compensate any City officer, employee, or agent in connection with the approval of this Contract. A breach under this

Article shall result in automatic termination of this Contract.

2.31 Right of Review and Audit. City may review all the Work performed by Proposer. City is hereby granted the right to audit, at City’s election, all of Proposer’s records and billings relating to the performance of this Contract. Proposer agrees to retain such records for a minimum of three (3) years following completion of this Contract.

2.32 Severability. In case one or more of the provisions contained in this Contract shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions hereof and this Contract shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein.

2.33 Taxes. Proposer shall not include federal taxes or State of Texas limited sales excise and use taxes in their invoices or vouchers and statements of cost. The City is exempt from payment of such taxes and an exemption certificate will be furnished to Seller if requested.

2.34 Termination At Will. City may terminate this Contract at will for no or any reason upon giving at least one hundred eighty (180) days written notice to Proposer. The Parties understand and agree that it is in City’s sole discretion to cancel the Contract during the term of this Contract without penalty to City. Proposer has no expectation and has received no guarantees that this Contract will not be terminated before the end of the term of this

Contract. The Parties have bargained for the flexibility of terminating this Contract upon tender of the requisite notice at any time during the term of this Contract. All work and services under this Contract shall be suspended upon termination of the Contract becoming effective.

2.35 Waiver by Party. Unless otherwise provided in writing by the waiving party, a waiver by any of the parties to this Contract of any covenant, term, condition, agreement, right, or duty that arises under this Contract shall be considered a one-time waiver and shall not be construed to be a waiver of any succeeding default thereof or any other covenant, term, condition, agreement, right, or duty that arises under this Contract.

2.36 WAIVER OF ATTORNEY FEES. BY EXECUTING THIS CONTRACT,

PROPOSER AGREES TO WAIVE AND DOES HEREBY KNOWINGLY,

CONCLUSIVELY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY

CLAIM IT HAS OR MAY HAVE IN THE FUTURE AGAINST CITY

REGARDING THE AWARD OF ATTORNEY’S FEES, WHICH ARE IN ANY

WAY RELATED TO THIS CONTRACT, OR THE CONSTRUCTION,

INTERPRETATION, OR BREACH OF THIS CONTRACT. PROPOSER

SPECIFICALLY AGREES THAT IF PROPOSER BRINGS OR COMMENCES

ANY LEGAL ACTION OR PROCEEDING RELATED TO THIS CONTRACT,

THE CONSTRUCTION, INTERPRETATION, VALIDITY, OR BREACH OF

THIS CONTRACT, INCLUDING, BUT NOT LIMITED TO, ANY ACTION

PURSUANT TO THE PROVISIONS OF THE TEXAS UNIFORM

DECLARATORY JUDGMENTS ACT (TEXAS CIVIL PRACTICE AND

REMEDIES CODE SECTION 37.001, ET SEQ., AS AMENDED), OR CHAPTER

271 OF THE TEXAS LOCAL GOVERNMENT CODE, PROPOSER AGREES TO

ABANDON, WAIVE AND RELINQUISH ANY AND ALL RIGHTS TO THE

RECOVERY OF ATTORNEY’S FEES TO WHICH PROPOSER MIGHT

OTHERWISE BE ENTITLED.

PROPOSER AGREES THAT THIS IS THE VOLUNTARY AND INTENTIONAL

RELINQUISHMENT AND ABANDONMENT OF A PRESENTLY EXISTING

KNOWN RIGHT. PROPOSER ACKNOWLEDGES THAT IT UNDERSTANDS

ALL TERMS AND CONDITIONS OF THIS CONTRACT. PROPOSER FURTHER

ACKNOWLEDGES AND AGREES THAT THERE WAS AND IS NO DISPARITY

OF BARGAINING POWER BETWEEN CITY AND PROPOSER. THIS SECTION

SHALL NOT BE CONSTRUED OR INTERPRETED AS A WAIVER OR

GOVERNMENTAL IMMUNITY AND SHALL SURVIVE THE TERMINATION

OF THIS CONTRACT.

PROPOSER IS RELYING ON ITS OWN JUDGMENT. PROPOSER HAD THE

OPPORTUNITY TO DISCUSS THIS CONTRACT WITH COMPETENT LEGAL

COUNSEL PRIOR TO ITS EXECUTION. THE OBLIGATIONS CONTAINED IN

THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS CONTRACT.

PROPOSAL

Acceptance of Recyclables MRF (Material Recovery Facility)

Date _____________________

To: The Honorable Mayor and City Council

City of Odessa

P.O. Box 4398

Odessa, Texas 79760-4398

Gentlemen:

Pursuant to the Notice to Bidders and in accordance with the Scope of Services, the undersigned offers to furnish the City of Odessa, Hauling of Recyclables services for the unit prices of:

Tipping Fee $______________ per Ton

Monthly Charge $______________ per Month

The undersigned company certifies that their proposal and items offered meet all of the requirements of the bid specifications; and, in the event that the company is awarded the bid, it hereby accepts the provisions of the agreement to which the proposal is attached, including Articles I, II, and III; and when accepted by the City by purchase order shall constitute the agreed contract reflecting the terms of the agreement between the company and the City.

The undersigned company official further certifies the attached residency certification as a part of this bid proposal.

Respectfully submitted, Company

Authorized Signature

Print or Type Signer's Name and Title

Address

City State Zip

Telephone Number

Email

ACKNOWLEDGMENT

THE STATE OF _________________ $

COUNTY OF ____________________ $

BEFORE ME, the undersigned, on this day personally appeared

______________________, known to me to be the person and officer whose is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said

____________________________________, a corporation, and that he has executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated.

GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS __________ day of

________________________, A.D., 2026.

Notary Public in and for the State of

(STATE)

The City of Odessa does not discriminate on the basis of race, color, national origin, sex, religion, age and disability in employment or the provision of service.

BIDDER RESIDENCY CERTIFICATION

I hereby certify the following information to be true and correct:

In accordance with paragraph 11, of the Standard Terms and Conditions of the bid I certify the following: (Check applicable statement(s))

[ ] Proposal is from a State of Texas resident bidder.

[ ] Proposal is from a non-resident bidder.

The following is further certified by non-resident bidder:

[ ] Copy of non-resident current state statute is attached which specifies the amount that a Texas resident bidder would be required to under bid a non-resident bidder to obtain a comparable contract in the non-resident state in which principal place of business is located.

[ ] No such statute exists in non-resident state.

Signature

Name and Title

Company

Email

CONFLICT OF INTEREST QUESTIONNAIRE

For vendor doing business with local governmental entity

FORM CIQ

OFFICE USE ONLY

Date Received

This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.

This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a).

By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code.

A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor.

1 Name of vendor who has a business relationship with local governmental entity.

Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.)

3 Name of local government officer about whom the information is being disclosed.

Name of Officer

4 Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer.

Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary.

A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor?

Yes No

B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity?

Yes No

5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an

Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1).

Signature of vendor doing business with the governmental entity Date ownership interest of one percent or more.

Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021

Revised 1/1/2021Form provided by Texas Ethics Commission www.ethics.state.tx.us

CONFLICT OF INTEREST QUESTIONNAIRE

For vendor doing business with local governmental entity

A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form.

Local Government Code § 176.001(1-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on:

(A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity;

(B) a transaction conducted at a price and subject to terms available to the public; or

(C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency.

Local Government Code § 176.003(a)(2)(A) and (B):

(a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:

(2) the vendor:

(A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that

(i) a contract between the local governmental entity and vendor has been executed;

or

(ii) the local governmental entity is considering entering into a contract with the vendor;

(B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes aware that:

(i) a contract between the local governmental entity and vendor has been executed; or

(ii) the local governmental entity is considering entering into a contract with the vendor.

Local Government Code § 176.006(a) and (a-1)

(a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and:

(1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A);

(2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or

(3) has a family relationship with a local government officer of that local governmental entity.

(a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of:

(1) the date that the vendor:

(A) begins discussions or negotiations to enter into a contract with the local governmental entity; or

(B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or

(2) the date the vendor becomes aware:

(A) of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection (a);

(B) that the vendor has given one or more gifts described by Subsection (a); or

(C) of a family relationship with a local government officer.

Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 12/22/2017

FORM 1295CERTIFICATE OF INTERESTED PARTIES

OFFICE USE ONLOFFICE USE ONLOFFICE USE ONLOFFICE USE ONLOFFICE USE ONLYYYYY

6 UNSWORN DECLARATION

My name is _______________________________________________________, and my date of birth is _______________________________.

My address is ________________________________________________, ___________________, _______, __________, ______________.

(street) (city) (state) (zip code) (country)

I declare under penalty of perjury that the foregoing is true and correct.

Executed in ___________________ County, State of ______________ , on the _______ day of _______________, 20______.

(month) (year)

Signature of authorized agent of contracting business entity (Declarant)

ADD ADDITIONAL PAGES AS NECESSARY

Name of Interested Party Nature of Interest (check applicable)City, State, Country

(place of business) Controlling Intermediary

Name of governmental entity or state agency that is a party to the contract for which the form is being filed.

3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract.

Complete Nos. 1 - 4 and 6 if there are interested parties.

Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.

1 Name of business entity filing form, and the city, state and country of the business entity's place of business.

Check only if there is NO Interested Party.

Mus t fi le on lin e a t w ww.et hic s.s tat e.t x.u s/F ile

1/2/2018 1295 Information https://www.ethics.state.tx.us/tec/1295-Info.htm 1/2

Implementation of House Bill 1295

Certificate of Interested Parties (Form 1295):

In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code. The law states that a governmental entity or state agency may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties to the governmental entity or state agency at the time the business entity submits the signed contract to the governmental entity or state agency.

The law applies (with a few exceptions) only to a contract between a business entity and a governmental entity or state agency that either (1) requires an action or vote by the governing body of the entity or agency before the contract may be signed or (2) has a value of at least $1 million.

The disclosure requirement applies to a contract entered into on or after January 1, 2016.

Changed or Amended Contracts:

Form 1295 is only required for a change made to an existing contract in certain circumstances: (1) if a Form 1295 was not filed for the existing contract, then a filing is only required if the changed contract either requires an action or vote by the governing body or the value of the changed contract is at least $1 million; or (2) if a Form 1295 was filed for the existing contract, then another filing is only required for the changed contract if there is a change to the information disclosed in the Form 1295, the changed contract requires an action or vote by the governing body, or the value of the changed contract increases by at least $1 million.

As required by law, the Commission adopted the Certificate of Interested Parties form (Form 1295) on October 5, 2015. The Commission also adopted rules (Chapter 46) to implement the law. The Commission does not have any additional authority to enforce or interpret section 2252.908 of the Government Code.

Filing Process:

A business entity must use the Form 1295 filing application the Commission created to enter the required information on Form 1295 and print a copy of the completed form. Once entered into the filing application, the completed form will include a unique certification number, called a “certification of filing.”

An authorized agent of the business entity must sign the printed copy of the form affirming under the penalty of perjury that the completed form is true and correct.

The completed, printed, and signed Form 1295 bearing the unique certification of filing number must be filed with the governmental body or state agency with which the business entity is entering into the contract.

Acknowledgement by State Agency or Governmental Entity:

The governmental entity or state agency must acknowledge receipt of the filed Form 1295 with the certification of filing, using the Commission’s filing application, not later than the 30th day after the date the governing body or state agency receives the Form 1295. The Commission will post the completed Form 1295 to its website within seven business days after the governmental entity or state agency acknowledges receipt of the form.

Additional Information: