AF-2026-57 Collection _ Disposal of Commercial Solid Waste _ Recycling.pdf

REQUEST FOR PROPOSALS

Collection & Disposal of Commercial Solid Waste & Recycling

RFP# AF-2026-57

Due Date:

August 11, 2026, by 3:00 PM

TABLE OF CONTENTS

1.0 INFORMATION FOR VENDORS

1.1 Scope and Intent

1.2 Background

1.3 Restrictions on Lobbying Activity

1.4 Definition of Terms

1.5 Receipt and Opening of Proposals

1.6 Exceptions

1.7 Addendum

1.8 Vendor Qualifications

1.9 Obligation of Proponent

1.10 Clarification or Objection to Proposal Documents

1.11 Proposal Security

1.12 Performance Bond

1.13 Indemnification and Insurance Requirements

1.14 Award and Execution of Contract

1.15 Single Point of Contact

1.16 Pre-Proposal Conference

1.17 Projected Schedule

1.18 Preparation of Proposal

1.19 Proposal Contents

1.19.1 Technical Component Requirements – Pkg 1

1.19.2 Cost Component Requirements – Pkg 2

1.19.3 Company Financial Statement – Pkg 2

1.20 Submission of Proposals

1.21 Review and Evaluation of Proposals

1.22 Evaluation Criteria

1.23 Pre-Award Survey

2.0 General Terms and Conditions

2.1 Contract Document Hierarchy

2.2 Notices

2.3 Conflict of Interest

2.4 Certificate of Interested Parties

Acknowledgement of Addenda Anti-Israel Certification List of Equipment Proposal Form – Pages 1 & 2 – Pkg 2 ................................................. 17 and 18 Conflict of Interest Questionnaire Form Form 1295 Certificate of Interested Parties Proposed Form of Contract Attachment A – Insurance Requirements

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1.0 INFORMATION FOR VENDORS

1.1 Scope and Intent

The City of Seguin, Texas (“City”) is requesting sealed proposals from qualified firms (“vendors”) to provide Collection and Disposal of Commercial Solid Waste & Recycling in the City of Seguin. The contract period will be for five (5) years, beginning on January 1, 2027, with the option to extend the contract as mutually agreed by the parties for three (3) additional two (2) year periods.

Hazardous waste collection IS NOT included in this contract.

The City reserves the right to award contracts to one or more vendors based on the evaluation criteria set forth herein and as determined to be in the City's best interest.

1.2 Background

Seguin is a city of approximately 30,000 located in the heart of Central Texas on Interstate 10, approximately 30 miles northeast of San Antonio. Seguin is the seat of government of Guadalupe County. There are approximately 540 commercial solid waste accounts. The majority of the commercial and industrial accounts are containerized accounts.

A map of the City is available on the City of Seguin website: www.seguintexas.gov.

1.3 Restrictions on Lobbying Activity

The City is committed to maintaining fair and open competition as required by local, state, and federal laws and statutes. Every effort is made to maintain the highest level of ethical conduct in every aspect of the procurement process.

Sharp business practices or high-pressure tactics will not be tolerated.

Qualification and selection of vendors is based on those vendors who share the same high standards of ethical conduct.

Proponents are prohibited from directly or indirectly communicating with City Council members regarding the Proponent’s qualifications or any other matter related to the eventual award of a contract for the services requested under this RFP. Proponents are prohibited from contacting City staff members or selection committee members regarding their qualifications or the award of a contract, unless in response to an inquiry from a staff or committee member. Any violation will result in immediate disqualification of the Proponent from the selection process.

http://www.seguintexas.gov/

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Upon issuance of the RFP, all proponent communications and requests for clarification or objections shall be directed in writing to Ashley Bruns, Purchasing Manager, via the City’s e-bid website for response, determination and dissemination to all proponents. Any communication by proponents or their representatives toward other city officers or employees regarding this RFP or the award of a contract are prohibited and will constitute grounds for disqualification of a proponent.

A lobbyist or a proponent or any of their agents may not do any act or refrain from any act for the express purpose and intent of placing any City official under personal obligation to the lobbyist or proponent.

1.4 Definition of Terms

“Proponent“ or “Vendor” shall mean a person, firm or corporation who submits a Proposal to provide equipment, material, and/or services necessary in the performance of these specifications.

“City”, “Purchaser”, or “Owner” shall refer to: City of Seguin

PO Box 591 Seguin, Texas 78156-0591

“RFP” shall refer to this Request for Proposals (No. AF-2026-57). “Proposal” shall mean a written offer to perform the requirements specified herein.

“Furnish” or “provide” shall mean to supply, equip, and deliver the specified equipment, material and/or services to the Purchaser.

“Local Presence” shall refer to operations existing within the city limits of Seguin including, but not limited to, office operations, service centers or places where equipment is domiciled.

1.5 Receipt and Opening of Proposals

The Proponent shall provide itemized price quotations for the specified items/services outlined in this RFP. The name of all Vendors submitting a Proposal will be read publicly but no contents of the Proposals will be disclosed. Proposals will be evaluated and awarded at a later date. Proposals which are received after the specified time and date will not be considered.

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1.6 Exceptions

In cases where the Proponents wish to take exception to any part of this specification, they shall so state on the front of their Proposal. Any exceptions contained in the Proposal shall be listed in a “Statement of Exceptions.”

1.7 Addendum

Any clarification of the proposal documents will be made by written addendum issued by the Purchasing Manager and signed by the City of Seguin. Any and all other changes are unauthorized and will be considered invalid. Addenda to the proposal documents may be issued in response to a request for clarification or objection, or for any other reason the City considers advisable.

Once issued, an addendum becomes a part of the proposal documents. A copy of the addendum will be posted and can be viewed and downloaded at http://www.bidnetdirect.com/texas/cityofseguin. Vendors are responsible for assuring receipt of all addenda.

No verbal or written information, which is obtained other than through this RFP or its addenda, shall be binding on the City of Seguin. No employee of City of Seguin is authorized to interpret any portion of this RFP or give information as to the requirements of the RFP in addition to that contained in or amended to this written RFP document, except as stated in 1.7 of this RFP.

1.8 Vendor Qualifications

The City of Seguin reserves the right to reject any Proposal or part of any Proposal, if indication or review of any services or equipment proposed is deemed to have an unsatisfactory performance record or does not completely meet the requirements stated herein. The City may reject a proposal if (a) the proponent misrepresents or conceals any material fact in the proposal, (b) the proposal does not strictly conform to this request for proposals, (c) the proponent is delinquent in the payment of taxes to any governmental entity, (d) it is deemed in the best interest of the City to do so, or (e) the Proponent lobbies or otherwise discussed the proposal or the Proponent’s abilities with any City Official or evaluation committee member.

Purchaser may make such investigation as is deemed necessary to determine the ability of the Proponent to provide the equipment, material, and/or services as required by this RFP and to determine the adequacy of the proposed equipment, material, and/or services. The Proponent shall furnish, upon request and in a timely manner, all such data and information requested for this purpose.

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1.9 Obligation of Proponent

Proponents are required to submit their Proposals upon the following express conditions:

a. Proponents shall thoroughly examine all drawings, specifications, plans, instructions, and all other contract documents pertaining to this RFP.

b. Each proponent must fully acquaint itself with conditions relating to the scope of the work and restrictions pertaining to the execution of the work under the contract.

c. Each proponent must thoroughly examine and be familiar with the contract documents.

d. No plea of ignorance by the Proponent of conditions that exist or that may hereafter exist as a result of failure or omission on the part of the Proponent to make the necessary examinations and investigations will be accepted as a basis for varying the requirements of the City of Seguin. The failure or omission of any proponent to receive or examine any form, instrument, addendum or other document, or to acquaint itself with the conditions relating to the scope of work, will in no way relieve the proponent of any obligations with respect to their proposal of to the contract.

e. The Proponent/Contractor certifies that Proponent is not debarred or excluded from bidding by any Federal agency; has not been convicted within a three-year period or had a civil judgment against them for commission of fraud in obtaining or performing a public contract, has not within a three-year period been terminated on a public contract for cause or default.

f. Right of Withdrawal: A proposal may be withdrawn only by a written request received by the Purchasing Manager prior to the time set for proposal opening. Proposals may not be withdrawn after the time set for proposal opening.

g. Each proponent agrees that its price will remain firm and subject to acceptance by the City for a period of one hundred twenty (120) calendar days from the proposal opening date.

h. The City will not reimburse the Proponent for any costs associated with the preparation and submittal of any proposal, or for

- 7 -any travel and/or per diem costs that are incurred.

i. In case of ambiguity or lack of clarity in stating prices in the Proposal, Purchaser reserves the right to adopt the price written in words or reject the Proposal.

1.10 Clarification or Objection to Proposal Documents

If any person contemplating submitting a bid for this contract is in doubt as to the true meaning of the specifications, other bid documents, or any part thereof, he/she may submit to the Purchasing Manager on or before July 31, 2026 at 5:00 PM CST. All such requests for information shall be made in writing via the City’s e-bid platform.

1.11 Proposal Security

Each Proposal must be accompanied by a certified or cashier’s check, or an approved bond issued by a surety in the amount of $20,000 payable to the City of Seguin without recourse. The bond must be conditioned on the successful proponent supplying an executed contract and insurance certificates within 10 calendar days after the date of the notice of award. The surety on such bond or bonds shall be a duly authorized surety company satisfactory to and subject to investigation by the Owner.

The Proposal Security of the successful Vendor will be retained until such Vendor has furnished the required contract security, whereupon the Proposal security will be returned. The Proposal security of other Proponents whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the Owner and the accepted Proponent have executed the Contract, or if no award has been made within ninety (90) days after the date of the opening of proposals, upon demand of the Proponent at any time thereafter, so long as he has not been notified of the acceptance of his proposal. Proposal security with Proposals which are not competitive will be returned within fifteen (15) days after the Proposal Opening.

1.12 Indemnification and Insurance Requirements

Proponents must review the requirements set forth in Attachment A of this Request for Proposal. The successful Vendor must obtain the required insurance coverage and provide the procurement officer with proof of coverage prior to contract approval. A Vendor’s failure to provide evidence of insurance coverage is a material breach and grounds for withdrawal of the award or termination of the contract.

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1.13 Award and Execution of Contract

The City reserves the right to accept or reject any and all proposals and to re-solicit for proposals, as it shall deem to be in the best interest of the City.

Receipt of any proposal shall under no circumstances obligate the City to accept the lowest cost proposal. The award of this contract shall be made to the Vendor whose proposal is determined to be the best evaluated offer, taking into consideration demonstrated competence and qualifications to perform the service solicited in the RFP. The City may conduct post-proposal discussions with all vendors deemed by the City to be reasonably qualified for selection for award. "Post-Proposal discussions" include but are not limited to requests for additional information, interviews, requests for proposal modifications or revisions and requests for "best-and-final" offers. The City may reject any part of any, or all, proposals.

State law (§2252.002, Texas Government Code) prohibits award to a non-resident proponent unless the non-resident's cost proposal is lower than the lowest proposal submitted by a responsible Texas resident proponent by the same amount that a Texas resident proponent would be required to underbid the non-resident proponent to obtain a comparable contract in the state in which the non- resident proponent's principal place of business is located. This provision does not apply to a contract involving federal funds.

1.14 Single Point of Contact

The City has designated the following individual as the single point of contact for this Request for Proposal:

Ashley Bruns (830)-401-2451 Email: abruns@seguintexas.gov

1.15 Pre-Proposal Conference

The City will conduct a Pre-Proposal Conference for all interested parties.

Date: July 29, 2026 Time: 1:30 p.m.

Location: Seguin City Hall -City Council Chambers

205 N. River St. Seguin, TX 78155

Attendance at this conference is not required to submit a proposal. The purpose of the pre-proposal conference is to ensure (a) a clear understanding of the City’s needs, (b) the accuracy of specifications, descriptions, and solicitation terms, conditions, and documents, and (c) identification of any problems which might prevent obtaining the proper services at a fair and reasonable price, or any issue that mailto:abruns@seguintexas.gov

- 9 -inhibit a fair and accurate solicitation or restrict competition.

Questions that arise after the conference may be submitted in writing via the City’s website until July 31, 2026, at 5:00 p.m. local time.

Any changes resulting from the pre-proposal conference or questions received thereafter that affect specifications, the scope of work, or which may require an extension to the proposal due date will be reduced to writing in the form of an addendum to this RFP.

1.16 Projected Schedule

The projected schedule of events for this Request for Proposal is as follows:

1st Advertisement of Request for Proposals July 15, 2026

2nd Advertisement of Request for Proposals July 22, 2026

Pre-proposal July 29, 2026

Final Question Deadline: July 31, 2026

Receive RFP Responses August 11, 2026

Proposal evaluation and conduct discussions August 11 -September 30, 2026

Present recommendation to City Council October 2026

Notify vendor of award October 2026

Commencement of Commercial Solid Waste Contracts January 1, 2027

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1.17 Preparation of Proposal

Proponents must prepare proposals in accordance with the following:

a. All information required by the proposal documents will be furnished. The proponent will print or type its name, in ink, and manually sign the proposal sheet. The proposal sheet, with original signatures, must be submitted.

b. Unit prices will be shown when called for on the proposal sheet, and where there is a conflict between the unit price and total price, the unit price will govern.

c. Alternate proposals will not be considered unless expressly authorized by the proposal documents.

d. The City is exempt from payment of State and Local sales, excise and use taxes under section 151.309 of the Texas Tax Code.

e. By submitting a proposal, each proponent certifies that it is a duly qualified, capable, and bondable business entity, that it is not in or contemplating bankruptcy or receivership and that it is not currently delinquent with respect to payment of taxes assessed by any political subdivision.

1.18 Proposal Contents

Proponents are encouraged to submit concise and clear proposals. Proposals of excessive length or complexity are discouraged. The City reserves the right to reference a proposal or any part or parts of a proposal in the final contract. Proponents will prepare proposals according to the provisions of this section and all other provisions of this RFP. All documents and information required by the RFP, including without limitation, the following, must be furnished with each proposal.

1.19.1 Technical Component Requirements

The Technical Component of the proposal must contain, but is not limited to, the following:

1. A Vendor Profile which describes the Vendor’s contact individuals, the background and experience of the Vendor’s firm and all associated proposed subcontractors. For a sole proprietorship, list the name and address of the owner. For a partnership, attach information indicating the names and addresses of all partners. For a corporation, attach information indicating the names and addresses of the officers and of each person or entity holding 10% or more of the stock of the corporation, where incorporated, and attach a certificate of good standing issued by place of incorporation. For all proponents, list the federal employer identification number.

2. Municipal References - Past Ten Years Attach information indicating the names and addresses of ALL municipalities or other governmental entities for which the proponent has provided solid waste collection and disposal services in the past ten (10) years within the State of Texas. Include the population of the area served and the number of commercial units served, and the name and phone number of a contact person familiar with the proponent’s performance history. No proponent will use the City of Seguin as a reference. The City may utilize other references to evaluate a proponent's responsibility or performance history. A single negative reference, in the City's sole discretion, may be cause for disqualification of a proponent.

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3. Municipal References - Current Attach information indicating the names and addresses of ALL municipalities or other governmental entities within the State of Texas with which the proponent is now under contract to provide solid waste collection and disposal services. Include the population of the area being served and the number of commercial units served, the period covered by the agreement, and the name and phone number of a contact person familiar with the proponent’s performance. The City may utilize other references to evaluate a proponent's responsibility or performance history. A single negative reference, in the City's sole discretion, may be cause for disqualification of a proponent.

4. Provide a list of equipment to be used in the performance of this contract on the Proponent’s List of Equipment form contained herein. Indicate where the equipment will be domiciled. All of the equipment must be in good mechanical condition, possess current federal and TxDOT certifications, and meet all other requirements indicated in the franchise agreement section 1.4.4 contained herein.

5. Banking References Provide references from banking institutions in the State of Texas regarding the proponent’s financial standing. Include a list of names, addresses and banking officers to contact.

6. Credit References Provide a list of names, addresses and contact person to verify credit history on fuel and equipment accounts.

7. If the proponent is a corporation, evidence that the proponent is in good standing with the State of Texas, and in the case of a corporation organized under the laws of any other State, evidence that the proponent is licensed to do business in the State of Texas, or a sworn statement that it will take all necessary action to become so licensed if its proposal is accepted.

8. Evidence that the proponent is capable of performing the requirements set forth in the contract documents.

9. Evidence in form and substance satisfactory to the City that the proponent has been in existence for a minimum of five (5) years or possesses not less than five (5) years actual operating experience in commercial solid waste collection and disposal in the State of Texas.

10. Evidence in form and substance satisfactory to the City, that the proponent possesses the managerial and financial capabilities necessary to perform all phases of the work called for in this RFP.

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11. Evidence in form and substance satisfactory to the City that the proponent’s experience in commercial solid waste collection and disposal is of a comparable size to that which is contemplated by this RFP.

12. List of recently disposed and pending litigation Provide the style and cite of any current pending litigation and any litigation settled or disposed within the past ten (10) years against the proposer, including its parent, sister or subsidiary companies.

13. History of Regulatory Compliance Provide a list of any current pending administrative orders or violations of federal, state and local, laws, rules and codes for which the proposer has been cited, punished or reprimanded, including its parent, sister or subsidiary companies. Also include any administrative proceedings or violations settled or disposed of within the past five (5) years.

14. Evidence in form and substance satisfactory to the City that the insurance required in Attachment A will be available upon award of contract. The affidavit contained in Attachment A may be used for this purpose.

1.19.2 Cost Component Requirements

1. Cost proposals will be submitted on the forms provided in these proposal documents. If not submitted on the forms provided, the proposal will be rejected.

Facsimile proposals will not be accepted.

2. The cost proposal submitted on the enclosed forms will constitute an official offer to undertake the proposed work at the quoted prices. Each proponent agrees that its price will remain firm and subject to acceptance by the City for a period of 120 calendar days from the proposal opening date.

3. Because of the variability of type, sizes and other aspects of compactors, the lease price for a particular compactor is not required in the initial cost proposal.

However, the successful proponent shall be required to negotiate lease rates for compactors prior to the submission of the final contract to the City Council for approval. The compactor lease rates and terms will become part of the overall franchise contract.

4. Response to the section for pricing the collection of recycled material (recycling services), may be expanded if necessary, to include prices for different container sizes (if applicable), whether material is compacted or not or any other variable that is essential to operation.

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1.19.3 Company Financial Statements

A copy of the latest available financial statements of the proponent (or its parent company if individual, subsidiary or division financial statement are not prepared and generally available). One (1) copy of the financial statement(s) should be sealed in an envelope marked “Confidential” and submitted within the proposal package.

1.20 Submission of Proposals

All Proposals must be submitted as indicated in Section 1.5 above.

Any proposal submission which lacks any of the required components will be considered nonresponsive, will not be evaluated, and will not be eligible for contract award. Proposals which are received after the specified time and date will not be considered.

The City’s proposed contract for these services is included in this RFP at Section 6.0. Each proponent is responsible for thoroughly reviewing this contract, and by submitting a proposal, a proponent acknowledges that it has reviewed and understands all of the contract provisions proposed by the City.

If any of these contract provisions is of concern to a proponent, or if a proponent wishes to submit alternative language for the City’s consideration, a list of the concerns and the wording of proposed alternative language must be included in the proponent’s proposal.

1.21 Review and Evaluation of Proposals

All proposals will be reviewed for completeness and those found to be either incomplete or non- responsive will be rejected from further consideration. The evaluation team will determine if a reply is “non-responsive” and their decision will be conclusive. Responsive and complete proposals will be evaluated by the City’s evaluation team.

The evaluation team will conduct a technical evaluation to determine the technical compliance of each responsive proposal based on compliance with the Evaluation Criteria specified in Section

1.22 of the RFP. Proposals will be ranked from best to least-desirable based on compliance with the Evaluation Criteria. Discussions may be conducted individually with vendors who submit responsive proposals and who are determined reasonably qualified for award of the contract. The City makes no commitment to any proponent beyond consideration of the proposals.

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1.22 Evaluation Criteria

Proposals will be evaluated in the following areas, listed in relative order of importance with respect to the requirements as outlined in this document. The proposal receiving the highest overall scores by the evaluation committee will be recommended to the City Council for contract award.

1. Quality of service/performance record in servicing other similar municipal contracts ........................................................................ 20%

2. Availability of resources, staffing, quality of equipment and facilities to be used by proponent....................................................... 20%

3. Fees & Cancellation policies……………………………………………..……20%

4. Safety and environmental record of the proponent ................................... 10%

5. Company stability and financial capacity……………………………………..10%

6. Experience of proponent ........................................................................... .10%

7. Local Presence ......................................................................................... .10%

1.23 Pre-Award Survey

After proposal opening and prior to award, City reserves the right to make a pre-award survey of any or all proponents’ facilities and equipment to be used in the performance of work under this solicitation. The proponent agrees to allow all reasonable requests for inspection of such facilities with two (2) days advance notice. Failure to allow such an inspection will be cause for rejection of a proposal as non-responsive. The City reserves the right to reject facilities or equipment as unacceptable for performance under this RFP as a result of such pre-award survey.

2.0 GENERAL TERMS AND CONDITIONS

The City Council and City Manager have established the Purchasing Department as the City’s agency for entering into procurement contracts, under their direction.

The City may make such investigation as is deemed necessary to determine the ability of the Vendor to provide the equipment, material, and/or services as

- 15 required by this specification and to determine the adequacy of the proposed equipment, material, and/or services. The Vendor shall furnish, upon request and in a timely manner, all such data and information requested for this purpose.

The City shall consider, as a competent vendor, only those vendors who are fully capable of complying with all terms and conditions set forth in this RFP.

All terms and conditions set forth in this RFP shall become a part of the final contract.

Rate Adjustments, Renewal, and Non-Renewal Notice

Any proposed rate increase shall be submitted to the City in writing with sufficient supporting documentation demonstrating the basis for the requested adjustment. No rate increase shall become effective unless approved by the City in accordance with the terms of the resulting contract.

The initial contract term and any renewal periods shall be as stated in this solicitation. Renewal of the contract shall occur only upon the mutual written agreement of both the City and the Contractor.

The Contractor shall provide written notice to each commercial customer and to the City prior to the expiration of any customer service agreement. The notice shall clearly state the customer's options to renew or cancel service and shall be provided no less than thirty (30), sixty (60), or ninety (90) days prior to the expiration date, depending on the notice period established in the individual customer agreement.

Failure to provide the required notice may constitute a breach of contract and may be considered by the City when evaluating the Contractor's performance.

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2.1 Contract Document Hierarchy

The Contract, Statement of Work, RFP, Vendor’s best-and-final offer, and Vendor’s proposal and any subsequent, approved amendments will constitute the contract documents. All requirements, terms and conditions stated in the RFP will apply unless specifically superseded by the Contract, Statement of Work or other higher precedent document. Any inconsistencies will be resolved in the following order of precedence:

a. Contract

b. Statement of Work

c. RFP

d. Vendor’s best-and-final offer

e. Vendor’s proposal

2.2 Notices

All notices required by any of the Contract documents shall be in writing and shall be deemed delivered upon mailing by certified mail, return receipt requested, to the addresses specified in the Contract.

2.3 Conflict of Interest

A person or vendor seeking to contract with the City must file a Conflict of Interest Questionnaire (CIQ) if the person has a business relationship with the City, and either: has a business relationship with a city official or a city official’s family member; or has given a gift worth more than $250 to a city official or city official’s family member within the previous 12-month period. A vendor required to file a CIQ must do so with the City’s Purchasing Manager within seven (7) business days of: (1) beginning contract discussions with the city; (2) submitting to the City an application, response to a request for proposals or bid; or (3) learning of the existence of the applicable business relationship.

Vendors should see Texas Local Government Code Chapter 176 in an effort to determine its applicability. The conflict of interest questionnaire form is included herein and is available from the Texas Ethics Commission at www.ethics.state.tx.us.

2.4 Certificate of Interested Parties

Texas Government Code, Sections 2252.908 requires a business entity to submit a disclosure of interested parties to the governmental entity at the time the business entity submits the signed contract to the governmental entity following the guidelines prescribed by the Texas Ethics Commission at www.ethics.state.tx.us . The law applies to contracts that require an action or vote by the governing body of the governmental entity before the contract is http://www.ethics.state.tx.us/ http://www.ethics.state.tx.us/

- 17 signed. The Form 1295 is included herein. The completed Form 1295 must be submitted electronically by the business entity to the state. A copy of the certified Form 1295 including the certification number generated by the state must be provided to the City of Seguin at the time a bid or proposal is submitted. Information on the Form 1295 may be considered by the City during bid evaluation and award. The City will only officially acknowledge the Form 1295 submitted by the awarded vendor which will cause it to be publicly posted on the Texas Ethics Commission website.

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ACKNOWLEDGEMENT OF ADDENDA

This acknowledgement must be included in Proposal:

The following Addenda to City of Seguin Request for Proposal AF-2026-57 have been received.

Addendum No. Dated

Proponent Name / Address

Signature

Printed Name

Title

Date

Phone Number

Email address

COLLECTION AND DISPOSAL OF COMMERCIAL SOLID WASTE

& RECYCLING

DUE DATE: August 11, 2025, AT 3:00 P.M.

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This acknowledgement must be included in Proposal:

ANTI-ISRAEL CERTIFICATION

The undersigned certifies that pursuant to Section 2270.002 of the Texas Government Code, Bidder does not boycott Israel and will not boycott Israel during the term of the contract resulting from this solicitation.

Company Name:

Authorized Signature:

Title:

Date:

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PROPONENT’S LIST OF EQUIPMENT

REPRODUCE SHEET AS NCESSARY

QUANTITY YEAR MAKE MODEL CAPACITY

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Proposal Form Page 1

PROPOSAL FORM

RATES BASED ON A 5% FRANCHISE FEE AND A 3% MUNICIPAL AMINISTRATIVE FEE

BASED ON GROSS BILLINGS

Description

Collection and Disposal of Commercial Solid Waste & Recycling

Size/Frequency/Price per Container

Size 1x/wk 2x/wk 3x/wk 4x/wk 5x/wk 6x/wk Extra Called

90g

2yd _

3yd

4yd

6yd

8yd

10yd

Roll-off Service:

Size Delivery Rental Haul Deposit

20yd /day 30yd

/day 40yd

/day

Recycling Pick Up: Corrugated Plastic Paper

Wood _ Glass

COLLECTION AND DISPOSAL OF COMMERCIAL SOLID WASTE

&RECYCLING DUE DATE: August 11, 2026, at 3:00

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Proposal Form Page 2 –

The undersigned affirms that it is duly authorized to submit this bid, that this bid has not been prepared in collusion with any other bidder, and that the content of this bid as to prices, terms, or conditions of said bid has not been communicated to any other bidder prior to the official opening of this bid.

Proponent Name / Address

Signature

Printed Name

Title

Date

Phone Number

Email address

Note: Prices submitted for commercial recycling services shall be considered part of the Franchise Services and shall be included in Gross Collected Revenues for purposes of calculating the Franchise Fee and Municipal Administrative Fee unless otherwise excluded by the Franchise Agreement.

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Optional Tire Disposal Services The City is requesting information regarding the Proposer's ability to provide tire collection and disposal services. At this time, tire disposal services are not included as a required component of this solicitation and the City is not obligated to purchase these services.

Proposers shall provide the following information:

• A description of the tire collection and disposal services available.

• The types and sizes of tires accepted (e.g., passenger, light truck, commercial truck, equipment tires, etc.).

• Any restrictions or limitations on tire acceptance.

• The method of collection (pickup, drop-off, or both).

• The location where collected tires are processed or disposed.

• The disposal or recycling method utilized.

• Current pricing for tire disposal, including any pickup charges, disposal fees, environmental fees, minimum service charges, or other applicable costs.

• Any volume discounts or special pricing that may be available for governmental entities.

The information provided will be used by the City for evaluation and future planning purposes only and will not be considered in the evaluation of proposals or obligate the City to procure tire disposal services under this contract.

Tire Type Pickup

Available (Y/N)

Disposal Fee Pickup Fee Environmental Fee

Comments

Passenger Tire

Light Truck Tire

Commercial Truck Tire

Equipment/Off- Road Tire

Other

Request for Proposal #AF-2026-57

Page - 1

Proposed Form of Franchise

FRANCHISE FOR COLLECTION AND DISPOSAL

OF COMMERCIAL SOLID WASTE

This Franchise is made on between the City of Seguin, Texas (the “City”), 205 N.

River St., Seguin, Texas 78155 and (the “Franchisee”), for the provision of commercial solid waste collection and disposal services.

The City and the Franchisee agree as follows:

ARTICLE 1

FRANCHISEE'S SERVICES AND RESPONSIBILITIES

Section 1.1 Standards of Performance

1.1.1 The Franchisee is responsible for providing comprehensive solid waste collection and disposal services within the City of Seguin, including but not limited to commercial solid waste collection and disposal in accordance with the terms and conditions of this Franchise in a good and workmanlike manner. These services will include furnishing all labor, equipment, tools, materials, insurance, supervision, and all other items necessary to complete the work as specified. No work under this Franchise will be subcontracted by the Franchisee without prior written approval from the City. Any subcontracts will be in writing and will be subject to each provision of this Franchise.

1.1.2 The Franchisee certifies that it has fully acquainted itself with all conditions related to this Franchise and will complete its services in and under any conditions it may encounter or create, without additional cost to the City or to the commercial solid waste customers, except for material changes in conditions or requirements of the work occurring during the term of this Franchise without the fault of the Franchisee.

1.1.3 The Franchisee certifies that it is not now nor will it become delinquent in the payment of taxes or fees to any governmental entity.

Section 1.2 Definitions

In this Franchise, the following terms will have the following meanings:

1.2.1 Collection - The removal and transportation of materials from the pickup point to the approved processing or disposal site.

1.2.2 Commercial Customer - The owner or occupant of a commercial unit.

1.2.3 Commercial solid waste - All bulky waste, construction debris, garbage, rubbish or stable matter, generated by a producer at a commercial or industrial unit.

1.2.4 Commercial unit - Any premise, location or entity, public or private, other than a residential unit, that requires solid waste collection within the Franchise area. Commercial unit includes commercial, industrial and multi-family uses, and all other uses that do not qualify as residential units.

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1.2.5 Container – A metal bin used to store solid waste, designed to be lifted and emptied mechanically.

1.2.6 Franchise or Franchise Documents - Includes the following: This Franchise, the request for proposals, the Franchisee's proposal, addenda, Franchise area maps, insurance certificates, and supplemental agreements or amendments. The terms Franchise and Franchise Documents have the same meaning.

1.2.7 Franchise area - The Seguin city limits, as they now exist or may be amended in the future.

1.2.8 Director – the Assistant City Manager or a person designated to act for the Assistant City Manager.

1.2.9 Disposal site - A solid waste depository, including but not limited to sanitary landfills, transfer stations, incinerators, and waste processing/separation centers licensed, permitted or approved by all governmental bodies and agencies having jurisdiction, and requiring such licenses, permits or approvals to receive for processing or final disposal of solid waste or dead animals as long as said disposal site is not located over a major aquifer or its contributing zone.

1.2.10 Franchisee is: .

1.2.11 Franchise Agreement or Agreement shall mean this Commercial Waste Hauling Franchise Agreement and all subsequent renewals thereof.

1.2.12 Franchise Ordinance or Ordinance shall mean the Commercial Waste Hauling Ordinance as amended November 2010 or as it may be thereafter amended.

1.2.13 Garbage - Readily decayable solid waste, including dead animals, animal and vegetable waste, food containers, and all other waste matter which is likely to attract flies or vermin, except any matter included in the definitions of bulky waste, construction debris, dead animal, hazardous waste, rubbish or stable matter.

1.2.14 Gross Collected Revenues shall mean all revenues derived directly or indirectly by the Franchisee from the collection, disposal, transportation, and recycling of commercial solid waste and recyclable materials performed pursuant to this Franchise Agreement within the Franchise Area. Gross Collected Revenues shall not include taxes collected on behalf of governmental entities or revenues derived from services outside the scope of this Franchise Agreement.

1.2.15 Hazardous waste - any chemical, compound, mixture, substance or article designated as a “hazardous material” under state or federal law.

1.2.16 Producer or customer - An occupant of a commercial or industrial unit or a residential unit who generates solid waste.

1.2.17 Receptacle - A container used to store solid waste, designed to accept liners that are to be emptied manually.

1.2.18 Recycle shall include all garbage, refuse, or similar matter collected in a separate container clearly marked for recycling purposes whereby the recycle container is taken solely to a facility that process recycled matter.

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1.2.19 Rubbish - Solid waste that is not readily decayable, including wood, wood products, grass cuttings, plants, leaves, paper, cardboard, cloth, leather, footwear, ashes, cinders, floor sweepings, glass, mineral or metallic materials, and all other waste materials other than bulky waste, construction debris, garbage, hazardous waste, stable matter, tree trimmings or yard waste.

1.2.20 Solid waste - Garbage, rubbish, bulky waste, construction debris, stable matter, tree trimmings and yard waste.

1.2.21 Stable matter - All manure and other waste matter normally accumulated in or about a stable, or any animal, livestock, or poultry enclosure, and resulting from the keeping of animals, poultry or livestock.

1.1.22 Unacceptable Waste - Any and all waste that is either:

A. Waste which is now or in the future prohibited from disposal at a sanitary landfill by state or federal laws or the regulations promulgated thereunder;

B. hazardous waste, as defined herein;

C. special waste, as defined by the laws of the United States or the State of Texas or the regulations promulgated thereunder;

D. tires, concrete, and bulk petroleum or chemical products or by-products;

E. septic tank pumping and grease and grit trap wastes;

F. sludge waste, including water supply treatment plant sludges and stabilized and/or unstabilized sludges from municipal or industrial wastewater treatment plants;

G. medical waste, including infectious or pathological waste from laboratories, research facilities, and health and veterinary facilities;

H. sludge waste, including water supply treatment plant sludges and stabilized and/or unstabilized sludges from municipal or industrial wastewater treatment plants;

I. liquid waste, which for the purposes of this Franchise means any waste material that is determined to be or contain “free liquid” by the paint filter test (EPA Method 9095);

J. waste from an industrial process;

K. waste from a pollution control process;

L. waste transported in a bulk tanker;

M. friable and/or nonfriable asbestos waste;

N. empty containers which have been used for pesticides, herbicides, fungicides, or rodenticides; or containerized waste (e.g., a drum, barrel, portable tank, box, pail, etc.) of a type listed in this definition;

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O. residue or debris from the cleanup of a spill or release of chemical substances, commercial products or other wastes listed in this definition;

P. soil, water, residue, debris or articles which are contaminated from the cleanup of a site or facility formerly used for the generation, storage, treatment, recycling, reclamation, or disposal of wastes listed in this definition, including soil contaminated from underground storage tanks used or formerly used for the storage of petroleum products;

Q. any waste that requires other than normal handling, storage, management and/or disposal, as determined by the Director;

R. dead animals and/or slaughterhouse waste, except for animals euthanized under the authority and direction of the City; or

S. any waste which because of its quantity, concentration, frequency of disposal, required disposal procedures, regulatory status, or physical, chemical infectious or other characteristics jeopardizes or may jeopardize the environmentally sound operation of a disposal site, as determined by the Director.

1.2.23 Work - The furnishing of all labor, materials, equipment, and other incidentals necessary for the successful completion of the Franchise and the carrying out of all duties and obligations imposed by this Franchise on the Franchisee.

1.2.24 Local Presence – Operations existing within the City limits of Seguin, including but not limited to office operations, service centers, or locations where equipment is domiciled.

Section 1.3 Solid Waste Collection

1.3.1 Commercial Solid Waste

The Franchisee will collect all solid waste generated at commercial units in the Franchise area, including temporary units and construction sites. The Franchisee will make containers and collection service available to all commercial units in the Franchise area in a non- discriminatory manner. The Franchisee will be responsible for negotiating the nature and frequency of collections with each commercial customer based upon the needs of the customer. Franchisee shall collect from hospitals, schools, commercial and industrial customers between the hours of 5:00 a.m. to 7:00 p.m., except customers located within 1,000 feet of residential dwellings shall be serviced between the hours of 8:00 a.m. and 7:00 p.m. only.

A. The Franchisee will provide containers for solid waste storage which are available upon the request of the owner or occupant of any commercial unit within the Franchise area. The types of containers provided by the Franchisee will be subject to review and approval by the Director.

The containers provided by the Franchisee will be equipped with suitable covers to prevent blowing or scattering of solid waste materials. The Franchisee will maintain all containers in good repair, appearance, and in a sanitary condition, and clearly marked with the Franchisee’s name and telephone number and emptied not less than one time per week. The Franchisee will provide to each commercial customer, containers sufficient in number and size to hold all of the customer’s solid waste that is generated between collections. (See section 1.4.1, Quality)

B. The Franchisee will be performing all commercial customer ordering, billing, and collections.

C. The Franchisee will charge commercial customers for all collections by size of container and frequency of service, in accordance with the prices contained in subsection 3.1.2.

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D. Special Service needs shall be proposed and provided on a case-by-case basis.

Section 1.4 Operation of Collection Services

1.4.1 Quality

A. The Franchisee will not spill or leave garbage or rubbish remaining when making pickups. If the Franchisee spills garbage or rubbish it will clean the spill by whatever means necessary before the truck leaves the premises. The Franchisee will clean up liquid and hydraulic spills with an absorbent that will be carried on all trucks. If a spill leaves a stain on a roadway, building, or other similar surface, the Franchisee will use all reasonable means available to remove the stain and restore the facility to the satisfaction of the Director.

B. The Franchisee will be responsible for injuries to any person and damage to any property, including City-owned property caused by willful or negligent acts or accidents related to the Franchisee’s operations and activities under this Franchise.

C. The Franchisee will pick up all items placed for regular solid waste collection, whether contained in the provided commercial container or not, and regardless of the mode of collection utilized. The Franchisee may charge a fee as deemed necessary to the commercial customer for waste collected outside the collection container as may be permitted by the contracts between the franchissee and the customer

D. All damaged commercial containers shall be replaced with a clean container in good repair and appearance.

1.4.2 Complaints

A. The City shall not be responsible for complaints regarding commercial accounts.

The Contractor, however, will respond promptly and courteously to investigate and provide resolution to all complaints it receives from its customers.

B. The Contractor will investigate all alleged missed scheduled collections, and if such allegations are verified by the Contractor, the Contractor will arrange for the collection of the uncollected solid waste within 24 hours after the complaint is received.

C. The City will forward any complaints it receives to the Contractor for resolution. Complaints regarding spills on City streets shall be addressed immediately.

1.4.3 Complaint Resolution and Penalties

A. The Franchisee will be charged an administrative penalty of not less than $100.00 nor more than $1,500.00 for each customer complaint or other violation of this Franchise that is not resolved to the satisfaction of the City Manager. The Franchisee may appeal a penalty assessment to the City Council by filing a written notice with the City Manager within 10 days of the date of the City Manager’s decision. The City Council will hear the appeal at its next regular meeting that is ten days or more after the date the appeal notice is filed. The City Council’s decision will be final.

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1.4.4 Equipment

A. With the exception of construction roll-offs, the Franchisee will operate only enclosed packer type trucks suitable to keep the solid waste or recyclable materials from falling or blowing from the trucks. Solid waste or recyclable materials hauled by the Franchisee will be contained, tied or enclosed so that leaking, spilling and blowing is prevented. All of the Franchisee’s equipment will be in good mechanical condition and possess current federal and TXDOT certifications.

B. The Franchisee will provide radio communication to all trucks from a base station.

C. The Franchisee will utilize only that equipment approved for use under this Franchise and specified in the Proponents List of Equipment attached to this Franchise. The Franchisee may make changes to the equipment list with the written consent of the Director.