ESBD_File_371106_RFP 2024-065 Litter Collection for MSW 2400.pdf

REQUEST FOR PROPOSAL

RFP No. 2024-065

Litter Collection for MSW 2400

Issue Date: August 9, 2024

Closing Date & Time: September 5, 2024, 2:00 P.M. CT

Opening Date & Time: September 5, 2024, 2:05 P.M. CT

For Information Contact:

Christopher Hanchard, Purchasing Agent, 254-750-6640, or christopherh@wacotx.gov

Pre-Proposal Meeting:

Via Zoom Video Link (See page 3)

RFP Opening Location:

Purchasing Services Office, 1415 N. 4th Street, Waco, Texas via Zoom Video Conferencing Only (Please see Page 3)

Zoom & Dial-In Information:

Please see Page 3

Purchasing Services Post Office Box 2570 Waco, Texas 76702-2570 Telephone 254 / 750-8060

Fax 254 / 750-8063 waco-texas.com

RFP 2024-065 Litter Collection for MSW 2400 Page 1 of 95 mailto:christopherh@wacotx.gov

RFP BOILER PLATE 01/2024

BONFIRE ELECTRONIC BIDDING

The City of Waco is transitioning to Electronic Bidding, Proposals and Qualification (RFB/RFP & RFQ) submissions. These requests will be managed through the new City’s Data base system, Bonfire.

We ask vendors to register with Bonfire to access and respond to any advertisement for bids and services required by the City. Registration is secure and user friendly. Vendors can register at the link below. Once registered, vendors will be able to:

Register with the City of Waco.

Receive notifications for bids and services requests from the City.

Stay updated on changes, addendums, open solicitations.

Submit bids and proposals electronically.

Vendors can inquire about the details and requirements of various bidding opportunities.

The City will still accept bids and proposals by mail or drop off. Notifications of changes, addendums and updates will also be available on the City’s website as well as other media outlets the City uses for solicitations.

The City appreciates your participation. If you have questions during the electronic bid/proposal process, please contact the issuing buyer, whose contact information can be found in the solicitation document. You can also contact Bonfire with registration or customer support issues.

Website links to assist you: waco-texas.bonfirehub.com/login

MINORITY, WOMEN-OWENED BUSINESS ENTERPRISE (MWBE)

The City of Waco is committed to providing fair and equal opportunities for all vendors, especially those who face disadvantages in bidding and providing services to the City. The City collects and reports data on the MWBE status of vendors to the federal government as part of this effort. Vendors are asked to fill out the MWBE form and submit it with their offer when they respond to a bid or proposal solicitation.

The MWBE status helps the City ensure that small and disadvantaged businesses are included in the competitive solicitation process. However, the MWBE status does not determine the award of a contract.

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ZOOM ACCESS INSTRUCTIONS & ADDITIONAL

INFORMATION

PRE-PROPOSAL

RF NUMBER:

DATE:

TIME: CENTRAL

QUICK LINK:

MEETING ID:

DIAL IN NUMBER:

PASS CODE:

ADDIT ONAL

INFORMATION:

Non- Mandatory Via Zoom Video & Dial In

PROPOSAL OPENING

RFP NUMBER:

DATE:

TIME: CENTRAL

QUICK LINK:

MEETING ID:

DIAL IN NUMBER:

PASS CODE:

ADDIT ONAL

INFORMATION:

https://wacotx.zoomgov.com/j/1618574493?pwd=lZ2oLYdy75tdWP4d48dgDQx98zUeJP.1 https://wacotx.zoomgov.com/j/1617143240?pwd=R47dxgY93FfE6qbVxlqFuMptYcorjr.1

RFP 2024-065 Litter Collection for MSW 2400 Page 3 of 95 https://wacotx.zoomgov.com/j/1618574493?pwd=lZ2oLYdy75tdWP4d48dgDQx98zUeJP.1 https://wacotx.zoomgov.com/j/1617143240?pwd=R47dxgY93FfE6qbVxlqFuMptYcorjr.1

TABLE OF CONTENTS

Register Interest Form I. Schedule for Solicitation for Competitive Sealed Proposal II. Contact with City of Waco III. Definitions IV. Requested Services V. Request For Proposals – Submission and Award Procedures

Appendices A. Scope of Services and Specifications

(1) Detailed Scope of Services

B. Contract Requirements

(1) City of Waco General Terms and Conditions

(2) Insurance & Indemnification Requirements

(3) Worker’s Compensation

(4) Wage Rates

(5) Sales Tax Information

(6) HB 89 Energy Form

(7) HB 89 Firearms Form

(8) HB 89 Israel Form

(9) HB1295 Information Sheet

(10) Foreign Terrorist Organization Form

(11) Protest Procedure

(12) Litter Abatement Service Agreement

C. Forms to Complete and Return

(1) Submission of Bid/Proposal and Acknowledgment of Addenda

(2) Business Identification Form

(3) Conflict of Interest Questionnaire (CIQ form)

(4) Disclosure of Relationships with City Council/Officers (City

Charter)

(5) Minority Women Owned Business & HUB Certification

(6) Litigation Disclosure

(7) Certification Regarding Debarment

(8) Foreign Terrorist Organization Verification Form

(9) Non-collusion Affidavit

(10) Texas Public Information Act

(11) Drug Free Workplace

(12) W-9 Form

D. Specifications

(1) MSW 2400 Litter Collection Area

(2) Sample Invoice

(3) Sample Daily Report

(4) Sample Weight Ticket

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RFP No. 2024-065

Litter Collection for MSW 2400

Please Register for Notification

REGISTER INTEREST

You have received a copy of the above-described Request document. If you would like to register your interest in this project so that you will receive any future notices or addenda concerning the project, please fill in the information requested below and fax this page to 254-750-8063. You may also scan this page and email to: christopherh@wacotx.gov.

Company/Firm:

Name of Contact Person(s):

Email(s):

Telephone:

Fax:

Mailing Address:

It is your responsibility to complete and return this form to the City. Failure to do so will result in your not receiving notices and addenda related to this project from the City of Waco.

Notices and addenda are posted on the City’s website and can be accessed at: waco-texas.com/bids

City of Waco Purchasing Services Post Office Box 2570

Waco, Texas 76702-2570 Telephone 254 / 750-8060

Fax 254 / 750-8063 waco-texas.com

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I. SCHEDULE FOR SOLICITATION COMPETITIVE SEALED

PROPOSAL

The proposed schedule of events is tentative and may be modified throughout the selection process at the discretion of the City of Waco.

August 9 2024

August 20, 2024

August 29, 2024

September 5, 2024

September 5, 2024

Sep. 6 – Sep. 12, 2024

Issuance of the RFP

Pre-Proposal Meeting Deadline for questions in 5:00 P.M.

Proposals due by 2:00 P.M.

Proposal Opening at 2:05 P.M.

Evaluation of submission

Interviews or Presentations may be conducted

Tentatively, the final selection decision will be made, and submitters will be notified of award by, October 1, 2024. This schedule is subject to change by the City.

II. CONTACT WITH CITY OF WACO

The contact person for this solicitation process is: Paul Campos, Purchasing Agent who can be reached at:

Email: christopherh@wacotx.gov Telephone: (254) 750-6640 Fax: (254) 750-8063

Questions concerning the solicitation can be submitted through the City of Waco’s Bonfire portal at waco-texas.bonfirehub.com/login (preferred) or by email to the contact person listed above.

Official Address (if needed) - City of Waco Purchasing Services Attn: Christopher Hanchard, Purchasing Agent 1415 North 4th Street Waco, Texas 76707

Contact someone other than the Purchasing Agent listed above, or his/her designated representative at the City of Waco concerning this solicitation may be grounds for removal from consideration.

Interpretation, modification, corrections, or changes to the solicitation documents will be made by addenda issued by the City of Waco. Addenda will also be made available through the City of Waco’s Bonfire portal at waco-texas.bonfirehub.com/login or the City of Waco Website at waco-texas.com/bids. Interested professional service providers are encouraged to return the Register Interest form on the previous page.

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III. DEFINITIONS

The following definitions apply to this document and the transaction between the City and the selected submitter unless otherwise designated in the context. Terms, which are singular, may include multiple, where applicable and when in the best interests of the City:

(1) “City” means and refers to the City of Waco, Texas.

(2) “Company” or “Firm” means and refers to any submitter, whether such submitter be a sole proprietor, corporation, company, partnership, company, or any other entity legally defined or recognized under the laws of the State of Texas.

(3) “Proposal” or “Submission” or “Submittal” refers to a response submitted to an RFP.

(4) “Project Review Committee” means a committee established by the City to review and score the submitted Proposals. The Committee may be composed of City of Waco staff, City Councilmembers, or their designees, or other individuals selected to serve on the committee by the City.

(5) “RFP” means and refers to this Request for Proposals.

(6) “Selected submission” means and refers to the submission sent to the City of Waco by the Selected Firm.

(7) “Selected Firm” means the firm who is selected by the City and to whom the City Council/City Manager awards a contract for the services or commodities requested in this solicitation.

(8) “Solicitation” means an RFP issued by the City Waco seeking products or services described in the document.

(9) “Submitter” or “Vendor” or “Proposer” or “Contractor” means a firm that submits a response to a solicitation.

(10) “Contract documents” includes the RFP and all of the Appendices attached to the RFP.

(11) “Day” means a working day unless otherwise specifically defined.

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IV. REQUESTED SERVICES/PRODUCTS

A. Scope of Services / Specifications

The City of Waco (“City”) is seeking proposals from qualified firms to provide litter collection services for the City Landfill MSW 2400 (“Landfill”). The scope includes collecting litter from the streets in a 2-mile radius of the landfill and within the Landfill property. A map of the streets where litter collection is required is attached (Attachment A). The contractor will be responsible for providing the necessary equipment, labor, supplies, and transportation for the litter collection services. The successful contractor must maintain high safety and environmental standards, provide adequate staffing and supplies, and coordinate effectively with City representatives. The contract term shall be for a Modified (2) two-year contract, with (3) three optional (1) one-year renewals, if agreeable to all parties. The proposal evaluation will consider factors such as Safety Record, Cost Reasonableness, Company Experience, Response to Requirements, and References/Past Performance.

(1) Detailed drawings, scope of services, and/or specifications are attached as Appendices.

(2) A digital version of this document can be obtained from the City of Waco’s Bonfire portal at waco-texas.bonfirehub.com/login or the City of Waco Website at waco-texas.com/bids.

B. Terms Conditions & Requirements

In addition to the specifications for the Project, the attached Appendices include the City’s Contract Requirements.

C. Duration of Services The terms of the contract shall be for a Modified (2) two-year contract awarded through the end of the next City of Waco fiscal year, which ends on September 30, 2026, with (3) three optional (1) one-year renewals if agreeable to all parties. The contract term is anticipated to begin when the Landfill begins accepting waste in early 2025. The first of three optional renewal terms will begin on October 1, 2026. The contract terms will run concurrently with the City’s fiscal year (October 1 to September 30). Written notice of the City’s intention to renew shall be given approximately 90 days prior to the expiration date of each contract period.

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D. Reservations by City:

The City of Waco reserves the right to reject any and all submittals. The issuance of this solicitation does not obligate the City to contract for expressed or implied services. The City of Waco will not reimburse proposers for any costs incurred during the preparation or submittal of responses to this solicitation.

(1) Furthermore, the City expressly reserves the right to:

(a) Waive any defect, irregularity, or informality in any submittal or procedure.

(b) Extend the solicitation closing time and date.

(c) Reissue this solicitation in a different form or context.

(d) Procure any item by other allowable means.

(e) Waive minor deviations from specifications, conditions, terms, or provisions of the solicitation, if it is determined that waiver of the minor deviations improves or enhances the City’s business interests under the solicitation; and/or

(f) Extend any contract when most advantageous to the City, as set forth in this solicitation.

(g) Retain all proposals submitted and to use any ideas in a proposal regardless of whether or not that proposal is selected

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V. REQUEST FOR PROPOSALS – SUBMISSION AND AWARD

PROCEDURES

A. Requirements

(1) Proposals should be kept to the minimum necessary length to explain the proposer’s attributes and pricing. Typed responses are preferred in Times New Roman, Arial or Calibri font.

Responses must be clear and may be subject to disqualification if illegible.

(2) Qualified firms should submit their qualifications through the City of Waco’s Bonfire portal at waco-texas.bonfirehub.com/login. Paper/Physical submissions will still be accepted and should include one (1) electronic copy (CD or Flash Drive) and (1) original and four (4) copies of their statements of qualifications on 8 ½ x 11 paper. These must be received by the date set out above in the Schedule of Solicitation for a submitting firm to be considered:

(a) Cover sheet containing RFP number, project name, and proposer’s name, address, and telephone number.

(b) A brief company history.

(c) Completed and signed copies of Forms included in Appendix C.

(d) A short narrative of the proposer’s approach to the project and a statement of understanding targeting the specific nature of this project.

(e) Information on the proposer’s current workload and ability to complete the project.

(f) Certificate showing current insurance coverage.

(g) Pricing/Cost Information – Pricing Forms

1. All pricing and cost information is to be submitted less Federal Excise and State of Texas Sales Taxes. A tax exemption certificate will be executed upon request. The City’s federal tax identification number is 1-74-6002468-4.

2. Security – Bid Bond.

a. Each submission must be accompanied by a certified check of the submitter, or a bid bond (PDF copy through Bonfire) executed by the submitter as principal and having as surety thereon a surety company approved by the City in the amount of 5% of the submission. The Surety’s Power of Attorney must accompany the bid bond. The bid bond and surety’s Power of Attorney must both carry the same date which is no earlier than three (3) days prior to the scheduled bid opening date. An original copy of the bid bond and Surety’s Power of Attorney will be required of the recommended/awarded vendor within three (3) days by the request of the City.

b. Checks will be returned to all except the three lowest bidders within three days after the opening of bids. The remaining checks will be returned promptly after the City and the selected bidder have executed the contract.

c. If no award has been made within ninety (90) days after the date of the opening of bids, a bidder may demand that the security submitted be returned so long as said bidder has not been notified of the acceptance of his bid.

d. If the selected bidder refuses or fails to execute and deliver the contract and bonds (payment and/or performance) required within 10 days after receiving notice of the acceptance of his bid, the bid security shall forfeit to the City as liquidated damages for such failure or refusal.

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e. A Bid Bond form can be found in the Appendices.

(h) Names of the Subcontractors for the major components of the Project

(i) List of Proposer’s and Subcontractors’ experience on projects completed in McLennan County (include value of project and the owner’s phone and email contact information)

(j) List of Proposer’s and Subcontractors’ experience on projects for the City of Waco or other municipalities (include value of project and contact information (phone and email) at the municipality)

(k) List a minimum of five (5) projects that are of similar size and type performed by the Proposer and each Subcontractor (include the value of each project and owner’s phone and email contact information)

(l) List of five (5) references for the Proposer and three (3) references for each Subcontractor.

(m) Resume, project history, and other information on Proposer’s job superintendent for the project.

B. Completeness of Submission

(1) Proposers are responsible for examining and being familiar with all specifications, drawings, standard provisions, instructions, and terms and conditions of the solicitation and their responses.

(2) The proposer must attach all required forms with each submission copy. Forms must be signed by a representative of the proposer authorized to bind the proposer contractually. The proposer must include a statement identifying any exceptions to this RFP or declare that there are no exceptions taken to the RFP.

C. Response Date and Location Responses to this solicitation must be received by 2:00 p.m. (Central Time) on September 5, 2024.

The City prefers that vendors use the new Bonfire portal at waco-texas.bonfirehub.com/login, paper submissions will still be received at the address listed below Via Delivery Services or Personal Delivery to:

Attn: Christopher Hanchard, Purchasing Agent 1415 North 4th Street Waco, Texas 76707

If using U.S. Mail, note that U.S. Mail is initially received at Waco City Hall and then delivered to the office of Purchasing Services by a City courier. That delivery may occur a day or more after being received at Waco City Hall. Allow additional time in advance of the proposal due date for U.S. Mail delivery. If the Purchasing Office has not received the proposal by the stated deadline, the proposal will be returned unopened.

All submissions shall be sent to the attention of the Purchasing Agent in a sealed envelope that is clearly marked on the outside as follows:

“RFP 2024-065, Litter Collection for MSW 2400” Proposals will be opened at 2:05 P.M. (Central Time) on September 5, 2024

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Proposers accept all risk of late delivery bids regardless of instance or fault. A proposal received after the submission deadline will not be considered and will be returned unopened to the submitter.

The City will NOT accept a response submitted by facsimile transmission (fax) or by electronic mail (email).

All submissions and accompanying documentation will become the property of the City.

D. Modification to or Withdrawal of Submission

Submissions cannot be altered or amended after the submission deadline passes. Submissions may be modified prior to the deadline by providing a written notice to the Purchasing contact person at the address previously stated. To modify a submission prior to the submission deadline:

(1) Submit a written notice of the modification WITHOUT revealing the pricing/cost or terms information. The modification should provide the addition, subtraction, or other modifications so that the final pricing/costs or terms will not be revealed to the City until the sealed proposal is opened.

(2) The written modification may be submitted by electronic transmission (fax or email or personal delivery to Purchasing Agent identified earlier in this document. The written modification must be received by the City prior to the closing time.

(3) If the modification is submitted through an electronic transmission (fax or email), the City must receive an original of the modification document signed by the proposer and submitted to a delivery company (UPS, FedEx, etc.) prior to the proposal closing time. If the original of the modification was not submitted to a delivery company prior to the closing time or is not received within three (3) days after the closing time of the bid, consideration will not be given to the modifications provided in the electronic transmission.

A submission may also be withdrawn by providing the notice in person by a representative of the vendor who can provide proof of his authority to act for the proposer. The representative will be required to execute a receipt reflecting the submission is being withdrawn. If a submission is withdrawn before the submission deadline stated herein, the proposer may submit a new sealed proposal provided the new proposal is received prior to the closing date and time deadline stated on page 1. This provision does not change the common law right of a submitter to withdraw a submission due to a material mistake in the submission.

E. Submission Validity Period

A submission responding to this RFP signifies the vendor’s agreement that the submission and the content thereof, are valid for ninety (90) days following the submission deadline unless otherwise agreed to in writing by all parties. The submission may become part of the contract that is negotiated between the City and the successful proposer.

F. Cost to Develop Submission

Costs for developing and assembling submissions in response to this solicitation are entirely the responsibility and obligation of the proposer and shall not be reimbursed in any manner by the City.

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G. Evaluation Procedures

The proposals will be initially reviewed and evaluated by a Project Review Committee. Each proposal should be as complete and accurate as possible. The City reserves the right to request additional information or clarifications, oral discussions, or presentations in support of the proposal.

H. Vendor Presentation

The evaluation by the Project Review Committee will be presented to the City Manager or Executive staff, who will determine whether proposers may be invited to make a formal presentation of their proposal and/or sit for a panel interview. There is no obligation for the City to host interviews in order to make the final selection

I. Evaluation Criteria

The following criteria will be used to evaluate the submittals (scoring points available):

RFP Scoring Criteria Scoring Points

Available

Safety Compliance Record 25 Cost Reasonableness 25 Experience of Company 25 Response to Requirements 15 References / Past Performance 10

TOTAL AVAILABLE POINTS 100

J. Final Selection

Based on all information reviewed and presentations/interviews (if conducted), the City Manager or Executive staff shall establish the final ranking of the proposals.

(1) During the evaluation process, the City reserves the right, where it may serve the City’s best interest, to request additional information or clarifications from proposers.

K. Contact Award and Execution

The final contract must be awarded and approved by the Waco City Council if the amount of the contract will exceed $50,000.00. If the contract is for less than that amount, depending on the amount, the contract may be executed by the City Manager, an Assistant City Manager, department head or director.

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APPENDIX A

Scope of Services and Specifications / Pricing Form

(1) Detailed Scope of Services and Specifications

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SECTION I – GENERAL INFORMATION

1.1 PURPOSE

The City of Waco (“City”) is seeking proposals from qualified firms to provide litter collection services for the City Landfill MSW 2400 (“Landfill”). The scope includes collecting litter from the streets in a 2-mile radius of the landfill and within the Landfill property. A map of the streets where litter collection is required is attached (Attachment A). The contractor will be responsible for providing the necessary equipment, labor, supplies, and transportation for the litter collection services.

The successful contractor must maintain high safety and environmental standards, provide adequate staffing and supplies, and coordinate effectively with City representatives. The contract term shall be for a Modified (2) two-year contract, with (3) three optional (1) one-year renewals, if agreeable to all parties.

The proposal evaluation will consider factors such as Safety Record, Cost Reasonableness, Company Experience, Response to Requirements, and References/Past Performance.

1.2 CITY OF WACO INFORMATION

The City owns and operates MSW 948A Landfill in Woodway, Texas, MSW 2400 Landfill in Axtell, Texas, and the Transfer Station MSW 40338 in Waco, Texas. The City operates the facilities for the benefit of all residents within McLennan and Limestone County. The City has full rate-setting authority and is responsible for managing solid waste, green waste, recycling, and household hazardous waste programs.

1.3 PROJECT DURATION

The terms of the contract shall be for a Modified (2) two-year contract awarded through the end of the next City of Waco fiscal year, which ends on September 30, 2026, with (3) three optional (1) one-year renewals if agreeable to all parties. The contract term is anticipated to begin when the Landfill begins accepting waste in early 2025. The first of three optional renewal terms will begin on October 1, 2026. The contract terms will run concurrently with the City’s fiscal year (October 1 to September 30). Written notice of the City’s intention to renew shall be given approximately 90 days prior to the expiration date of each contract period.

Litter Collection services shall be performed Monday through Saturday, including the holidays during which the Landfill is operating.

The Landfill’s waste-accepting hours are:

• Monday through Friday from 8:00 am to 4:30 pm

• Saturday from 8:00 am to 11:30 am

• Closed on Sundays

The Landfill is closed for the following observed holidays:

• New Year’s Day

• Memorial Day

• Independence Day

• Labor Day

• Thanksgiving Day

• Christmas Day

The Landfill is an essential service that operates during inclement weather, emergencies, or disasters unless otherwise notified by an official declaration issued by the City Manager or designee.

The Contractor acknowledges that the City is required to comply with Texas Administration Code §330.139, which requires that litter scattered throughout the site, along fences and access roads, and at the gate must be picked up once a day when the facility is in operation and properly managed.

SECTION II – REQUIREMENTS

2.1 SAFETY

The Contractor shall review appropriate safety training with all staff/employees and maintain any required documentation including but not limited to a worker safety plan. The Contractor will provide

RFP 2024-065 Litter Collection for MSW 2400 Page 15 of 95 signage specific to the Texas Department of Transportation (“TxDOT”) RSTCP-05 Roadside Traffic Control Plan. Signs will be placed and removed by the Contractor before and after each collection. Contractor employees shall wear appropriate personal protective equipment (“PPE”) per TxDOT CAD Standards.

TxDOT requires hard hats, Class 3 high visibility shirts, steel-toed boots, and gloves. The Contractor shall have the necessary tools and equipment to perform litter collection services.

2.2 SCOPE OF SERVICES

The Contractor shall perform but not be limited to the following services:

• Provide litter collection services to the City of Waco MSW 2400 Landfill located at 4730 TK Parkway, Axtell TX 76624 (see litter collection map in Attachment A) o Collect the windblown waste materials that may have accumulated throughout the entire Landfill, including but not limited to, fences, gates, onsite access roads, and drainage channels throughout Check in and out with the Landfill Manager or designee when working on the

Landfill property o Collect litter within two miles in both directions from the Landfill along:

County Line Road/FM 939 Highway 31 Happy Swaner Road

• Filling and tying off trash bags with smaller items and loading large/sharp items into the vehicle/trailer to dispose of at the Landfill o Loads must be securely covered with a tarp or similar covering when entering the Landfill

• Collected litter will be taken to the Landfill daily for disposal. The Contractor shall not be charged fees for disposal of the collected litter

• Conduct daily reports of the pounds of litter that were collected (based on Landfill weight ticket), areas that were serviced, and the number of hours worked

• Provide 4 persons working 6 days per week for 30-40 hours per person per week (excluding holidays when the Landfill is closed) o The City must approve any changes to the number of persons working or the number of hours worked

• The Contractor is solely responsible for providing any supervision for the persons performing these services

• The Contractor shall provide all necessary equipment, labor, supplies, and transportation for the litter collection services

• The Contractor is expected to work 90% of the days that the Landfill is operating

• The Contractor shall notify the Landfill Manager or designee when the litter control cannot be completed for the day and provide documentation for days missed

2.3 INVOICING

The Contractor will submit invoices for requests for payment to the City of Waco. The City will forward payments to the Contractor within thirty (30) calendar days, subject to having received accurate invoices, and accompanied by detailed supplements and other backup documents (sample weight ticket, daily log, and invoice – Attachment B).

The tonnage shall be measured, and the amount fixed at the Landfill scale house. Certified scales will calculate all disposal charges to the Solid Waste Department.

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2.4 CITY OF WACO RESPONSIBILITIES

To the extent appropriate to the Project contemplated by this Agreement, the City shall:

• Appoint the Landfill Manager, or designee, as the City’s representative with respect to all work to be performed under this Agreement. The Landfill Manager or designee shall have complete authority to transmit instructions, receive information, and interpret and define City policies and decisions with respect to materials, equipment, elements, and systems pertinent to the Contractor’s services

• Coordinate litter collection with the Contractor

• Provide emergency contact information

• Perform the services in accordance with all applicable permit requirements

• Grant the Contractor access to the Landfill during regular operating hours, provided all such access is in strict conformance with the operating permits of the Landfill

• Provide restrooms (temporary and/or permanent) and other standard utilities at the Landfill

• Oversee customer relations and billing

• Oversee and operate the scale(s)

2.5 EXAMINATION OF CONTRACT DOCUMENTS AND SITE

Before submitting their proposal, Contractors should perform the following tasks:

• Examine the Contract Documents thoroughly

• Familiarize themselves with local conditions that may in any manner affect the performance of the work

• Familiarize themselves with federal, state, and local laws, ordinances, rules, and regulations affecting the performance of the work

• Carefully correlate their observations with the requirements of the Contract Documents

• Completely fill out proposal forms signed by an authorized representative of the company

Ignorance of such conditions and requirements resulting from failure to make such investigations and examinations will not relieve the Contractor from any obligation to comply with all provisions and requirements of the contract documents and will not be accepted as a basis for any claim whatsoever for any monetary consideration on the part of the Contractor.

Submission of a proposal shall be taken as clear evidence of compliance with the site inspection requirements.

Site visits and questions will be coordinated by the City of Waco Purchasing Department.

2.6 SUPPLEMENTAL CONDITIONS

If the service is unsatisfactory, the City reserves the right to cancel this contract and award it to the next qualified, responsive Contractor.

If the Contractor repeatedly fails to perform in compliance with this contract, the City reserves the right to cancel the contract and/or contract an outside litter control agency at the Contractor’s expense.

SECTION III – BASIS OF AWARD, EVALUATION, SELECTION PROCESS, AND PROTESTS

3.1 BASIS OF AWARD

The City, in its sole discretion, will award the contract to the responsive and responsible Contractor whose proposal is most advantageous. Accordingly, the City may not necessarily award the contract to the Contractor with the highest technical ranking or with the lowest price proposal if doing so would not be in the overall best interest of the City.

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The proposals will be initially reviewed and evaluated by a Project Review Committee. Each proposal should be as complete and accurate as possible. The City reserves the right to request additional information or clarification, oral discussions, or presentations in support of the proposal.

3.3 EVALUATION CRITERIA

Proposals will undergo an initial administrative review prior to evaluation. Any response which fails to meet the submission requirements may be considered non-responsive and may be rejected.

Proposals will be evaluated on a maximum point scale of 100 as follows:

Proposal Evaluation Criteria Possible Points Safety Compliance Record 25 Cost Reasonableness 25 Experience of Company 25 Response to Requirements 15 References/Past Performance 10

Total 100

The City, in its sole discretion, will award the contract with the best value proposal. The City reserves the right to eliminate a bid for failure to comply with the Request for Proposal Requirements.

Safety Compliance Record (25 points)

• Provide documentation of the worker safety plan

• Provide documentation of the worker safety training

• Submit a listing of all warning notifications, notices of violation or enforcement, and/or citations received from pertinent federal and/or state agencies in the past three years by the Contractor Cost Reasonableness (25 points)

• Complete the Proposal Cost Summary Form Experience of Company (25 points)

• Contractor’s experience in providing this type of service (Contractor Qualifications Sheet)

• Brief resumes of staff members, including field staff assigned to this contract

Response to Requirements (15 points)

• Contractors are to describe how the requirements will be met. This shall include, at a minimum, the following:

o Contractors shall describe their response in sufficient detail to enable evaluators to know what is anticipated at every stage and to make a judgment as to the probable success of the proposed effort.

o Contractors shall provide a clear and concise description of the litter collection services to be provided, including set-up procedures before services are performed, a safety plan, and activities to be undertaken as a means of reaching the objectives.

o Describe the Contractor’s process for providing and screening staff that will be assigned to the City’s contract.

References/Past Performance (10 points)

• Provide three references, preferably in Texas, for similar services (Reference List)

3.2 EVALUATION

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PROPOSAL COST SUMMARY FORM

NAME OF CONTRACTOR: ________________________ _

The Contractor is to ensure the cost is submitted to include the proposed labor, equipment, supplies, materials, and any other activity necessary to accomplish the requirements.

Base Contract 1 Year Term:

Early 2025 - 09/30/2026

MSW 2400 Landfill

Hourly cost of service per person

Optional Term 1: Optional Term 2: Optional Term 3:

10/01/2026- 10/01/2027- 10/01/2028-

09/30/2027 09/30/2028 09/30/2029

Hourly cost of service per person

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CONTRACTOR QUALIFICATIONS SHEET

Firm and Staff Experience

• Contractor Information o Company Name: ___________________________________________________________ o Address: _________________________________________________________________ o Phone Number: ___________________________________________________________ o Contact Person: ___________________________________________________________ o Email: ___________________________________________________________________

• Length of time providing hauling services o ______ Years ______ Months

• Length of time providing waste hauling services o ______ Years ______ Months

• Sub-Contractor Information o Company Name: ___________________________________________________________

Address: ___________________________________________________________

Phone Number: _____________________________________________________

Contact Person: _____________________________________________________

Email: _____________________________________________________________

Sub-Contractor Qualifications: _________________________________________ o Company Name: ___________________________________________________________

Address: ___________________________________________________________

Phone Number: _____________________________________________________

Contact Person: _____________________________________________________

Email: _____________________________________________________________

Sub-Contractor Qualifications: _________________________________________ o Company Name: ___________________________________________________________

Address: ___________________________________________________________

Phone Number: _____________________________________________________

Contact Person: _____________________________________________________

Email: _____________________________________________________________

Sub-Contractor Qualifications: _________________________________________

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REFERENCE LIST

REFERENCE NO. 1 - AGENCY NAME:

ADDRESS:

CONTACT PERSON: TITLE:

E-MAIL: TELEPHONE NUMBER:

AMT. OF CONTRACT: DATE OF SERVICE

TYPE OF SERVICE _______________________________________________________________________

REFERENCE NO. 2 - AGENCY NAME:

ADDRESS:

CONTACT PERSON: TITLE:

E-MAIL: TELEPHONE NUMBER:

AMT. OF CONTRACT: DATE OF SERVICE

TYPE OF SERVICE _______________________________________________________________________

REFERENCE NO. 3 - AGENCY NAME:

ADDRESS:

CONTACT PERSON: TITLE:

E-MAIL: TELEPHONE NUMBER:

AMT. OF CONTRACT: DATE OF SERVICE

TYPE OF SERVICE _______________________________________________________________________

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APPENDIX B

Contract Requirements

(1) City of Waco General Terms and Conditions

(2) Insurance & Indemnification Requirements

(3) Worker’s Compensation

(4) Wage Rates

(5) Sales Tax Information

(6) HB 89 Energy Form

(7) HB 89 Firearms Form

(8) HB 89 Israel Form

(9) House Bill 1295 Information Sheet

(10) Foreign Terrorist Organization Form

(11) Protest Procedure

(12) Litter Abatement Service Agreement

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APPENDIX B.(1)

General Waco Terms and Conditions

(a) Applicable Law and Venue. This solicitation and any resulting contract will be governed and construed according to the laws of the State of Texas. The terms and conditions of the contract awarded pursuant to the solicitation are fully performable in McLennan County, Texas and venue for any dispute regarding contract shall be in McLennan County, Texas.

(b) Arbitration / Mediation. The City of Waco will not agree to binding or mandatory arbitration or mediation.

(c) Conflict of Interest. Vendor agrees to comply with the conflict of interest provisions of the Waco City Charter, Waco Code of Ordinances, and/or state law.

Vendor agrees to maintain current, updated disclosure of information on file with the Purchasing Services Division throughout the term of the contract.

(d) Gratuities. The City may, by written notice to the Vendor, cancel this contract without liability to the City, if it is determined by the City that gratuities have been offered to any officer or employee of the City with a view toward securing a contract, securing favorable treatment with respect to the awarding, amending, or the making of any determinations in respect to the performance of such a contract. In the event this contract is canceled by City as set forth in this paragraph, the City shall be entitled to recover from Vendor all additional costs incurred by City as a result of the cancellation.

(e) Unfunded Liability. City's obligation is payable only and solely from funds available for the purpose of this purchase. Lack of funds shall render this contract null and void to the extent funds are not available and any delivered but unpaid for goods will be returned to Vendor by City. The City will not incur a debt or obligation to pay selected bidder any amounts the City does not have the current funds available to pay, unless the contract includes a provision for the City to appropriate funding for the debt or obligation.

(f) Advance Payments. The City will not make advance payments to a selected firm or any third party pursuant to this solicitation or resulting contract.

(g) Gift of Public Property. The City will not agree to any terms or conditions that cause the City to lend its credit or grant public money or anything of value to the selected firm.

(h) Procurement Laws. The City will not agree to any terms or conditions that cause the City to violate any federal, Texas, or local procurement laws, including its own charter.

(i) Limitation of Liability. The City of Waco will not agree to an artificial limitation of liability (e.g. liability limited to contract price or liability capped at an amount actually paid in previous 3 months, etc.) or an artificial statute of limitations (e.g. any lawsuit must be commenced within one year of the event).

(j) Waiver. No claim or right arising out of a breach of the contract resulting from this solicitation can be discharged in whole or in part by a waiver or renunciation of the

RFP 2024-065 Litter Collection for MSW 2400 Page 23 of 95 claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party.

(k) Right To Assurance. Whenever one party to this contract in good faith has reason to question the other party's intent to perform, that party may request that the other party give written assurance of his intent to perform. In the event that a request is made and no assurance is given within five (5) days, the requesting party may treat this failure as an anticipatory repudiation of the contract.

(l) Attorney’s fees; Legal Costs. The City will not agree to pay the selected firm’s attorney’s fees or other legal costs under any circumstances.

(m) Advertising. Vendor shall not advertise or publish, without City's prior consent, the fact that City has entered into this contract, except to the extent necessary to comply with proper requests for information from an authorized representative of the federal, state or local government.

(n) Arrears In Taxes. Article VII. Taxation, Section 8, of the City of Waco Home Rule Charter states: The City shall be entitled to counterclaim and offset against any debt, claim, demand or account owed by the City to any person, firm or corporation who is in arrears to the City of Waco for taxes, in the amount of taxes so in arrears, and no assignment or transfer of such debt, claim, demand or account after the said taxes are due, shall affect the right of the City to offset the said taxes against the same.

(o) Tax Certification; Offset of Other Debts Against City. Selected bidder hereby certifies that it is not delinquent in the payment of taxes owed to the City and will pay any taxes owed to the City so that such taxes will not become delinquent. If this certification is subsequently determined to be false, such false certification shall constitute grounds for termination of the contract awarded under this SOLICITATION, at the option of City. Furthermore, Selected bidder agrees the City is entitled to counterclaim and offset against any debt, claim, demand, or account owed by the City to the selected bidder, pursuant to the awarded contract, for any debt, claim, demand, or account owed to the City, including other than the taxes mentioned above. The City may withhold from payment under the awarded contract an amount equal to the total amount of debts, claims, accounts, or demands including taxes owed to the City by the selected bidder. The City may apply the amount withheld to the debts and taxes owed to the City by the selected bidder until said debts are paid in full. No assignment or transfer of such debt, claim, demand or account after the said taxes or debts are due shall affect the right of the City to offset the taxes and the debt against the same.

(p) Independent Contractor. The selected bidder will be an independent contractor under the contract. Professional services provided by the selected bidder shall be by the employees or authorized subcontractors of the selected bidder and subject to supervision by the selected bidder, and not as officers, employees or agents of the City. Selected bidder will be required and agrees to comply with all state and federal employment laws as well as all other federal, state and local laws, rules and regulations affecting the performance of all obligations taken herein.

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(q) No Joint Enterprise/Joint Venture. It is not the intent of this solicitation or the contract to be awarded to create a joint enterprise or joint venture.

(r) Subcontracting Bid. If subcontracting with another company or individual is proposed, that fact, along with providing the same information for the subcontractor that is required to be provided by the bidder under this solicitation, must be provided and clearly identified in the bid. Following the award of the contract, no additional subcontracting will be permitted without the express prior written consent of the City.

(s) Assignment-Delegation. No right or interest in the contract shall be assigned or delegation of any obligation made by Vendor without the written permission of the City. Any attempted assignment or delegation by Vendor shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph.

(t) Modifications: This contract can be modified or rescinded only by a written instrument signed by both of the parties or their duly authorized agents.

(u) Interpretation-Parol Evidence: This writing is intended by the parties as a final expression of their agreement and is intended also as a complete agreement for dealings between the parties and no usage of the trade shall be relevant to supplement or explain any term used in this agreement. Acceptance or acquiescence in a course of performance rendered under this agreement shall not be relevant to determine the meaning of this agreement even though the accepting or acquiescing party has knowledge of the performance and opportunity for objection.

(v) Equal Employment Opportunity: Vendor agrees that during the performance of its contract it will:

1. Treat all applicants and employees without discrimination as to race, color, religion, sex, national origin, marital status, age, or handicap.

2. Identify itself as an "Equal Opportunity Employer" in all help wanted advertising or request. The Vendor shall be advised of any complaints filed with the City alleging that Vendor is not an Equal Opportunity Employer. The City reserves the right to consider its reports from its human relations administrator in response to such complaints in determining whether or not to terminate any portion of this contract for which purchase orders or authorities to deliver have not been included, however, the Vendor is specifically advised that no Equal Opportunity Employment complaint will be the basis for cancellation of this contract for which a purchase order has been issued or authority to deliver granted.

(w) Israel: Vendor acknowledges that effective September 1, 2017, the City is required to comply with Section 2270.001 of the Texas Government Code, enacted by House Bill 89 (85th (R) Texas Legislature), which requires that a governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it does not boycott Israel and will not boycott Israel during the term of the contract. By executing this Agreement, Vendor verifies that it does not boycott Israel and will not boycott Israel during the term of this Agreement.

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City of Waco Insurance & Indemnification Requirements Basic (03/22/2019)

Insurance Requirements:

A contractor’s financial integrity is of interest to the City. Therefore, subject to a contractor’s right to maintain reasonable deductibles, a contractor shall obtain and maintain in full force and effect for the duration of the contract, and any extension hereof, at contractor’s sole expense, insurance coverage written on an occurrence basis by companies authorized to do business in the State of Texas that are rated A- or better by A.M. Best Company and/or otherwise acceptable to the City in the following types and amounts:

Type Amount

Workers' Compensation Statutory

Employer’s Liability $1,000,000/$1,000,000/$1,000,000

Commercial General Liability Including:

• Premises/Operations

• Independent Contractors

• Products Liability/Completed Operations

• Personal & Advertising Injury

• Broad form property damage, to include fire legal liability

$1,000,000 per occurrence; $2,000,000 General Aggregate, or its equivalent in Umbrella or Excess Liability Coverage

Business Automobile Liability

a. Owned/leased vehicles

b. Non-owned vehicles

c. Hired vehicles

$1,000,000 per occurrence or its equivalent on a combined single limit (CSL basis).

Modification of Insurance Requirement: The City reserves the right to review these insurance requirements during the effective period of the contract and any extension or renewal hereof and to modify insurance…