RFP_Solid_Waste,_Recycling_Services_and_HHW_services.pdf

PAGE 1 MUNICIPAL SOLID WASTE COLLECTION, TRANSPORTATION AND DISPOSAL CONTRACT: CITY

OF HEATH _ AND _________________________

City of Heath

Request for Proposals Solid Waste, Recycling Services and HHW services #RFP-2026-SWS01

Initial Term: February 1, 2027, through January 31, 2032

Extension Term: One (1) additional Five (5) year term

Mandatory Pre-Proposal Meeting October 8, 2026

11:00 AM

Join by entering in your browser:

https://teams.microsoft.com/meet/268818160187263?p=HJnQ1o7YR0apB9x3XR

Proposal Due Date October 29, 2026

2:00 PM

Contract starts on page 82

Note: Bidders must register through https://procurement.opengov.com/portal/heathtx to be able to submit their proposal https://procurement.opengov.com/portal/heathtx

PAGE 2 MUNICIPAL SOLID WASTE COLLECTION, TRANSPORTATION AND DISPOSAL CONTRACT: CITY

Table of Contents

A. GENERAL

DEFINITIONS

B. NOTICE TO PROPOSERS

DELIVERY OF PROPOSALS

MANDATORY PRE-PROPOSAL CONFERENCE

RIGHT TO REJECT

TEXAS PUBLIC INFORMATION ACT

QUESTIONS AND INQUIRIES

FINALIST INTERVIEWS AND/OR PRESENTATIONS

INFORMATION CONTAINED IN THE RFP

PROPOSAL CONTENT AS BASIS FOR CONTRACT

SCHEDULE OR OTHER ADDENDUMS TO THE RFP

CONTRACTOR OBLIGATION TO REIMBURSE CITY FOR CONSULTANT

WITHDRAWAL OF PROPOSALS BY PROPOSER

WITHDRAWAL BY CITY

C. SCHEDULE OF ACTIVITIES

D. IMPORTANT INFORMATION TO PROPOSERS

STANDARD TERMS AND CONDITIONS

INVITATION FOR PROPOSAL

REQUIRED FORMAT OF PROPOSAL

PROPOSAL COVER SHEET AND ACKNOWLEDGMENT OF ADDENDUMS

CERTIFICATION

PROPOSAL BOND

NON-COLLUSION AFFIDAVIT

DISCLOSURE OF CONFLICT OF INTEREST

DISCLOSURE OF INTERESTED PARTIES

AGREEMENT CANCELLATION

D. OVERVIEW

CONTRACT TERM

PAGE 3 MUNICIPAL SOLID WASTE COLLECTION, TRANSPORTATION AND DISPOSAL CONTRACT: CITY

CERTIFICATE OF AUTHORITY

DISCLAIMER

DISCOVERY

EXCLUSIVE COLLECTION AREA

CONTRACTOR RESPONSIBILITIES

BACKGROUND INFORMATION

SERVICE DEFINITIONS

E. EVALUATION AND AWARD CRITERIA

CRITERIA FOR EVALUATING PROPOSALS

SCORING PROPOSALS

F. SCOPE AND SERVICE SPECIFICATIONS

DESCRIPTION OF SERVICES

RESIDENTIAL SOLID WASTE COLLECTION

RESIDENTIAL COLLECTION OF RECYCLABLES

RESIDENTIAL BRUSH AND BULK COLLECTION

HOUSEHOLD HAZARDOUS WASTE COLLECTION

RESIDENTIAL UNUSUAL ACCUMULATIONS COLLECTION

CART PLACEMENT FOR COLLECTION

SPECIAL NEEDS CART PLACEMENT FOR COLLECTION

HOLIDAY COLLECTIONS

DISASTER DEBRIS COLLECTION

EXCLUDED WASTE

SMALL BUSINESSES GARBAGE AND RECYCLING COLLECTION

FRONT END LOADER CONTAINER COLLECTION

STATIONARY COMPACTOR UNITS

TEMPORARY ROLL-OFF CONTAINERS

ALTERNATIVES TO THE REQUIRED SPECIFICATIONS

CITY EVENTS AND FACILITIES

PUBLIC EDUCATION CAMPAIGN

G. COLLECTION EQUIPMENT

VEHICLE SPECIFICATIONS

VEHICLE MAINTENANCE AND INVENTORY

SUPPLYING GARBAGE OR RECYCLING CARTS

PAGE 4 MUNICIPAL SOLID WASTE COLLECTION, TRANSPORTATION AND DISPOSAL CONTRACT: CITY

SUPPLYING DETACHABLE CONTAINERS FOR COLLECTION

DETACHABLE CONTAINER STANDARDS

DETACHABLE CONTAINER INSTALLATION AND MAINTENANCE

DETACHABLE CONTAINERS REPAIR OR REPLACEMENT

H. TRANSITION PLAN

I. COMMUNICATION AND MEETINGS

POINT OF CONTACT

CONTRACTOR’S OFFICE

CUSTOMER SERVICE AND COMPLAINT RESOLUTION

CUSTOMER GRIEVANCES

MEETINGS

NEWSWORTHY EMERGENCY NOTIFICATIONS

CUSTOMER NOTIFICATIONS

J. REPORTING

MONTHLY REPORTS

ANNUAL REPORTS

K. COMPENSATION

PAYMENTS TO CONTRACTOR

LIQUIDATED DAMAGES

SUMMARY OF LIQUIDATED DAMAGES

MODIFICATION OF RATES

REGULATORY RATE ADJUSTMENT

DEFENSE OF SUITS

OSHA, HEALTH, AND ENVIRONMENTAL LAWS

INDEMNITY

PERFORMANCE BOND

L. REQUIRED INSURANCE

M. TABS

Proposal Tab 1 –Exceptions or Modifications to the Contract

Proposal Tab 2 – Past Performance and Experience

Proposal Tab 3 – Financial Qualifications

Proposal Tab 4 – Facilities

Proposal Form 4-A - Certification of Recycling Facility

PAGE 5 MUNICIPAL SOLID WASTE COLLECTION, TRANSPORTATION AND DISPOSAL CONTRACT: CITY

Proposal Form 4-B - Certification of Disposal Facility

Proposal Tab 5 - Experience of Personnel – Local Hauling Operation

Proposal Tab 5 - Experience of Personnel (continued)

Proposal Tab 6 – Equipment

Proposal Tab 7 - Operational Plan and Safety Record Report

Proposal Tab 8 – Transition Plan in Narrative Format

Proposal Tab 9 – Rates for Services

Proposal Tab 10 Disaster Management Plan

Proposal Tab 11 – Customer Service and GPS

Proposal Tab 12 –Proposal Alternates

N. APPENDICES

APPENDIX A: CITY Facilities At No Charge

APPENDIX B Performance Bond Form

APPENDIX C: Specifications For Carts

APPENDIX D: Commercial Matrix

CONTRACT FOR SOLID WASTE COLLECTION, RECYCLING, AND HOUSEHOLD

HAZARDOUS WASTE

EXHIBIT A

PAGE 6 MUNICIPAL SOLID WASTE COLLECTION, TRANSPORTATION AND DISPOSAL CONTRACT: CITY

A. GENERAL

The City of Heath (CITY) is soliciting Proposals from businesses, which must be a sole proprietorship, partnership, corporation, or other legal entity registered to do business in the State of Texas with demonstrated competence and qualifications and with considerable experience in providing Solid Waste and Recycling Services.

This Request for Proposals (RFP) solicits information that will enable CITY to select one business that shall provide Solid Waste Collection, Disposal and Recycling Services.

DEFINITIONS

The following definitions shall be used to identify terms throughout this solicitation:

A. AGREEMENT/CONTRACT

A mutually binding legal document obligating the Proposer to furnish the services specified within this solicitation and obligating CITY to pay for the services as specified.

B. CITY COUNCIL

The elected officials of the City of Heath, Texas given the authority to exercise such powers and jurisdiction of all CITY business as conferred by the State Constitution and Laws.

C. CONTRACTOR

The successful Proposer of this request. A person or business enterprise providing services to CITY as fulfillment of obligations arising from an agreement pursuant to this request; the successful Proposer of this request.

D. PROPOSAL

A complete, properly signed and submitted response to this solicitation.

E. PROPOSER

The Individual or Contractor responding to this solicitation that considers themselves qualified to provide the services specified herein, and are interested in making an offer to provide the services to

CITY.

F. REQUEST FOR PROPOSALS (RFP)

This solicitation document issued by CITY contains terms, conditions, and scope of work for the services to be procured.

G. CITY OF HEATH (CITY)

A home-rule municipal government.

PAGE 7 MUNICIPAL SOLID WASTE COLLECTION, TRANSPORTATION AND DISPOSAL CONTRACT: CITY

B. NOTICE TO PROPOSERS

Sealed proposals will be accepted no later than 2:00 p.m. (CST) on October 29, 2026.

The RFP solicitation package is available only online at: www.heathtx.com

Information about this Solicitation received through any other means may be inaccurate and result in a Proposer’s submittal being incomplete which could ultimately render the Proposer’s Proposal non-compliant. CITY accepts no responsibility for information obtained through any other source.

All Proposals must be prepared and signed by the proposer in the form attached hereto. THESE

INSTRUCTIONS MUST BE RETURNED IN THEIR ENTIRETY WITH EACH PAGE

INITIALED BY THE PROPOSER. All blank spaces in each Proposal Form together with appropriate schedules must be completed fully in ink/typewritten.

DELIVERY OF PROPOSALS

Sealed proposals must be submitted electronically through the City of Heath’s OpenGov Procurement Portal at the link provided below no later than 2:00 p.m. Central Time on Thursday, October 29, 2026.

Link to City of Heath, Texas OpenGov Portal: https://procurement.opengov.com/portal/heathtx

Each Proposer must upload one complete proposal in searchable PDF format, including all required forms, certifications, and supporting documentation. The electronic file should be clearly named:

“Solid Waste Services Proposal – [Company Name].pdf” Proposals submitted by mail, hand delivery, email, or facsimile will not be accepted.

Information contained in the Proposals will not be disclosed until after the award of the Contract.

MANDATORY PRE-PROPOSAL CONFERENCE

A mandatory pre-proposal conference has been scheduled for 11:00 a.m. CST, October 8, via a TEAMS call. Type into your browser https://teams.microsoft.com/meet/268818160187263?p=HJnQ1o7YR0apB9x3XR

All Proposers desiring to be considered for contracting with CITY for this service must attend the pre-proposal conference. A list of attendees will be gathered by City staff. Any Proposer failing to attend the pre-proposal conference will be disqualified from consideration.

Proposers are encouraged to prepare and submit their questions in writing in advance of the pre-proposal conference to expedite the proceedings. CITY’s responses to questions received by this time may be distributed at the pre-proposal conference and posted as an addendum with this solicitation.

Any oral response given at the pre-proposal conference that is not confirmed in writing and posted with this solicitation shall not be official or binding on the CITY. Proposers are encouraged to resubmit questions asked during the meeting in writing, after the conclusion of the pre-proposal conference.

All attendees to the pre-proposal conference will be asked to confirm attendance by filling out a “sign-in sheet” for the meeting and may be posted to the CITY’s website or otherwise disseminated publicly.

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

PAGE 8 MUNICIPAL SOLID WASTE COLLECTION, TRANSPORTATION AND DISPOSAL CONTRACT: CITY

Any questions and answers addressed during the conference meeting will be issued in an addendum and all known interested parties will be notified.

RIGHT TO REJECT

Until the final award by CITY, CITY reserves the right to reject any and/or all proposals, for any reason or for no reason at all, and to waive technicalities, and to proceed otherwise when the best interests of CITY are realized. Costs incurred in the preparation of a proposal are the sole responsibility of the proposer.

TEXAS PUBLIC INFORMATION ACT

All Proposals are subject to release as public information unless the documents are marked confidential pursuant to the requirements herein and the Attorney General confirms the ability to withhold pursuant to the Texas Public Information Act. Proposers are advised to consult with their legal counsel regarding disclosure issues and take the appropriate precautions to safeguard trade secrets or any other proprietary information. CITY assumes no obligation or responsibility for asserting legal arguments on behalf of potential Proposers. Proposer acknowledges that pursuant to the Texas Public Information Act, Proposer may also be responsible for taking steps to secure the confidentiality of certain documents if requested.

Ultimately, the final decision as to what information must be disclosed under the Open Records Act lies with the Texas Attorney General.

If a Proposer believes that a Proposal or parts of a Proposal are confidential, then the Proposer shall so specify. The Proposer shall stamp in bold red letters the term “CONFIDENTIAL” on that part of the Proposal, which the Proposer believes to be confidential. Vague and general claims as to confidentiality shall not be accepted. All Proposals and parts of Proposals that are not marked as confidential will be automatically considered public information.

QUESTIONS AND INQUIRIES

Effective immediately upon release of this solicitation and until contract award, all official communications from proposers regarding the requirement of this RFP shall be directed to the CITY’s single point of contact designated below. All questions and inquiries about this solicitation shall be submitted in writing to the open.gov portal.

Questions received after the stated deadline, other than those presented at any pre-proposal conference (if applicable), will not be answered. All answers are considered part of this RFP. Interpretations or clarifications considered necessary by CITY in response to such questions will be issued by Addenda to all Proposers.

Proposers shall not attempt to contact or lobby City Council, members of the RFP evaluation committee, Consultant, City staff, or Management directly during the pre-proposal or post-proposal period unless and until an award has been made, and any resulting contract or agreement has been executed. The CITY intends to respond to all appropriate questions or concerns; however, the CITY reserves the right to decline to respond to any question or concern. All material modifications, clarifications or interpretations will be incorporated into an addendum which will be publicly posted. All addenda issued prior to the due date and time for responses are incorporated into the RFP and must be acknowledged in the Proposal response. Only written information provided shall be binding. Oral or other interpretations shall not be binding and are held without legal effect.

PAGE 9 MUNICIPAL SOLID WASTE COLLECTION, TRANSPORTATION AND DISPOSAL CONTRACT: CITY

FINALIST INTERVIEWS AND/OR PRESENTATIONS

Proposers reasonably subject to being selected based on the criteria set forth in this RFP may be given an opportunity to make a presentation and/or interview with the CITY. The presentation process may allow Proposers to demonstrate their proposal offering, explaining, and/or clarifying any unusual or significant elements related to their Proposals. The Interview responses by the Proposer will be scored, and this score will be added to the scoring of the judges to determine the overall winner. At this stage, Proposers shall not be allowed to alter or amend their Proposals. Finalists selected for interviews and/or presentations must be available during regular business hours on or about November 12, 2026, as arranged with the CITY, if interviews are conducted. Following any presentation and/or interviews, proposals will be ranked pursuant to the criteria listed herein and any final modifications to the contract will be made with the top-ranked Proposer. The CITY may, in its sole discretion, negotiate and award a contract without presentations or interviews, based solely on information supplied in the Proposals.

INFORMATION CONTAINED IN THE RFP

The information set forth in this Request for Proposal (RFP) and in all appendices attached hereto has been presented solely to assist interested Proposers in making their own evaluation of the resources required to provide solid waste services to CITY’S residents and commercial businesses and is not intended to be all-inclusive or to contain all of the information that a prospective Proposer may desire. CITY has made no independent effort to determine the accuracy or completeness of such information. The Proposer is solely responsible for making all necessary investigations and evaluations of information, which will or could affect their performance including the costs of providing the requested services.

PROPOSAL CONTENT AS BASIS FOR CONTRACT

The information contained in the selected Proposal will be used as the basis for the resulting contractual agreements. However, no contractual agreement shall exist between the successful Proposer and CITY unless and until an agreement has been fully set forth in writing and signed by authorized representatives of the parties thereto.

SCHEDULE OR OTHER ADDENDUMS TO THE RFP

If it becomes necessary to revise any part of this solicitation, prior to the due date and time, a written addendum will be provided to all Proposers. CITY is not bound by any oral representations, clarifications, or changes made in the written specification by CITY’s employees, unless such clarification or change is provided to Proposers in written addendum form from the CITY.

Addenda will be transmitted by email to all parties attending the mandatory pre-proposal conference.

However, it shall be the sole responsibility of the Proposer to verify issuance of any addenda and to check all avenues of document availability prior to the opening date and time. Proposer shall acknowledge receipt of all addenda on the Proposal Cover Sheet and Acknowledgement of Addendum Form.

CONTRACTOR OBLIGATION TO REIMBURSE CITY FOR

CONSULTANT

The successful Contractor shall be responsible for reimbursing the CITY for the development of this RFP and contract documents. The estimated costs to be incurred by CITY are $41,630, however, the actual amount incurred at the time of award of the contract will constitute the amount to be reimbursed.

PAGE 10 MUNICIPAL SOLID WASTE COLLECTION, TRANSPORTATION AND DISPOSAL CONTRACT: CITY

WITHDRAWAL OF PROPOSALS BY PROPOSER

A Proposal may be modified or withdrawn by the Proposer any time prior to the time and date set for the receipt of Proposals in accordance with the following guidelines.

1. Proposer shall notify the City Secretary in writing of its intention to withdraw from a previously submitted Proposal.

2. If a change in the Proposal is requested, the modification must be worded by the Proposer so as not to reveal the original amount of the Proposal.

3. Proposals withdrawn and modified must be resubmitted to the City Secretary no later than the time and date set for the receipt of Proposals.

4. No Proposal can be withdrawn after the time set for the receipt of Proposals and for a minimum of four

(4) months.

WITHDRAWAL BY CITY

CITY makes no guarantees or representations that any award will be made and reserves the right to cancel this solicitation for any reason, and take actions including:

1. Reject any and all Proposals received as a result of this RFP.

2. Waive or decline to waive any informality and any irregularities in any statement of qualifications or responses received.

3. Negotiate changes in the Scope of Work or services to be provided.

4. Withhold the award of contract(s).

5. Select Proposer(s) it deems to be most qualified to fulfill the needs of CITY.

6. Terminate the RFP process.

PAGE 11 MUNICIPAL SOLID WASTE COLLECTION, TRANSPORTATION AND DISPOSAL CONTRACT: CITY

C. SCHEDULE OF ACTIVITIES

October 1, 2026 RFP Released and Published

October 8, 2026, 11:00 a.m. Mandatory Pre-proposal Meeting via TEAMS

October 12, 2026 4:00 p.m. Deadline for questions prior to proposal due date

October 29, 2026 2:00 p.m. Sealed proposals due

November 12, 2026 Finalist interviews held

November 24, 2026 Council awards Contract to winning proposer

February 1, 2027 New Contract Service Period begins

PAGE 12 MUNICIPAL SOLID WASTE COLLECTION, TRANSPORTATION AND DISPOSAL CONTRACT: CITY

D. IMPORTANT INFORMATION TO PROPOSERS

• The CITY estimates approximately Four Thousand Nine Hundred and Eleven (4911) total residential units.

• This includes homes that receive handicap service at the garage door.

• There are small commercial accounts collected on the residential route (quantity unknown)

• This does not include duplex/4 plex or apartments which are deemed commercial accounts by CITY.

• There are approximately 63 FEL containers serviced from one to six days per week and 8 roll-off hauls per month.

• There are approximately 6 CITY Facilities to be serviced at no charge in Appendix A.. The proposed scope of work is described in detail in this Request for Proposals.

STANDARD TERMS AND CONDITIONS

A. ADVERTISING AND PUBLICITY

Proposers shall not advertise or otherwise publicize, without CITY’s prior written consent, the fact that CITY has entered into an agreement, except to the extent required by applicable law.

B. BUSINESS PRACTICES

Minority business enterprises and/or historically underutilized businesses will be afforded full opportunity to submit Proposals in response to this invitation and will not be discriminated against on the basis of race, color, creed, gender, age, national origin, mental or physical disability, veteran’s status, or political affiliation in consideration for an award.

C. CERTIFICATION

Proposer must:

1. Furnish complete name, mailing address, telephone number and email of the individual duly authorized to execute contractual documents on behalf of the Proposer.

2. Furnish name of individual(s), along with respective telephone numbers and email addresses, who will be responsible for answering all questions.

3. Certify that they are duly qualified, capable, and otherwise bondable business entity not in receivership or contemplating same, and have not filed bankruptcy.

4. Certify that they are responsible for reimbursing the CITY for the cost of the solid waste consultant.

D. CHANGES IN PERSONNEL

Should there be a change in key personnel included in the Proposal after the due date and time, but before a contract is awarded, Proposers must notify CITY immediately. This may result in further evaluation. Should a change in key personnel occur after the contract is awarded, the Proposer will be required to notify CITY as soon as practicably possible. CITY may terminate the agreement for convenience should the change in key personnel be unacceptable to CITY.

E. RESTRICTIONS ON COMMUNICATION

To ensure the proper and fair evaluation of all Proposals, CITY prohibits ex parte communication (e.g., unsolicited) initiated by the Proposer to City staff or its City’s Council, from the date of advertisement of this solicitation to the time an award has been made by the Council, the City Manager, or his/her designee. This prohibition extends to “thank you” letters, phone calls, emails, and any contact that results in the direct or indirect discussion of the solicitation or Proposer’s response. Communication occurring during pre-submittal conference, if applicable, is an exception to the restrictions on

PAGE 13 MUNICIPAL SOLID WASTE COLLECTION, TRANSPORTATION AND DISPOSAL CONTRACT: CITY communication, as are any timely written requests for clarifications or questions regarding this Solicitation if directed to the point of contract listed in this solicitation. Communication between Proposers and CITY will be initiated Jay Ayers or Tracey Rosalies Email: jayers@heathtx.com or trosalies@heathtx.com if necessary, in order to obtain information or clarification needed to develop a proper and accurate evaluation of the Proposal. Ex parte communication may be grounds for disqualifying the offending Proposer from consideration or award of the Proposal then in evaluation, and/or any future solicitation, based on the CITY’s discretion.

Unless otherwise specified, all requests for clarification or questions regarding a solicitation must be directed at the point of contact listed in this RFP.

F. DISCLOSURE OF CONTENTS

At the due date and time there will be no disclosure of contents of any Proposal to competing Proposers, and all Proposals will be kept confidential during the negotiation process. Except for trade secrets and confidential information which the Proposer identifies as proprietary, all Proposals will be open for public inspection after the contract award.

G. GIFTS

CITY may, by written notice to the Proposer, disqualify the Proposer without liability if it is determined by CITY that any gift or thing of value, whether in the form of money, services, credits, loans, travel, entertainment, hospitality, promise, or any other form, were offered or given by the Proposer or any agent or representative of the Proposer to any officer or employee of CITY with the intent of influence such officer or employee as a reward for any decision, opinion, recommendation, securing the agreement or securing favorable treatment with respect to awarding or amending or the making of any determinations with respect to performance of the agreement.

H. INDEPENDENT CONTRACTOR

Nothing in this solicitation is intended to be construed as creating an employer/employee relationship, a partnership or joint venture. The Proposer’s services shall be those of an independent contractor. The Proposer agrees and understands that the Agreement does not grant any rights or privileges established for employees of CITY. Proposers shall not be within protection or coverage of City’s Worker Compensation Insurance, Health Insurance, Liability Insurance, or any other insurance that CITY, from time to time, may have in force.

I. PERSONAL INTEREST

No officer, employee, independent consultant, or elected official of CITY who is involved in the development, evaluation or decision-making process of this RFP shall have a financial interest, direct or indirect, in the resulting Agreement. Any willful violation of this Paragraph shall constitute impropriety in office, and any officer or employee guilty thereof shall be subject to disciplinary action up to and including dismissal. In the event a member of the governing body or an appointed board or commission of the CITY belongs to a cooperative association, the CITY may purchase services from the association only if no member of the governing body, board or commission will receive pecuniary benefit from the purchase, other than as reflected as in increase in dividends distributed generally to members of the association. Any violation of this provision with the knowledge, expressed or implied, by the Proposer shall render the Agreement voidable by the CITY. Nevertheless, the CITY may obtain the services under the Agreement if a conflict-of-interest affidavit is filed, and the Council member recuses his/herself.

J. PRIORITY OF DOCUMENTS

In the event there are inconsistencies between the RFP terms and conditions, scope of work or Agreement terms and conditions contained herein, the latter will take precedence.

mailto:jayers@heathtx.com

PAGE 14 MUNICIPAL SOLID WASTE COLLECTION, TRANSPORTATION AND DISPOSAL CONTRACT: CITY

K. PROHIBITED PROPOSERS

1. CITY will not conduct business with Proposers who have failed to comply with their contracts and have been debarred from doing business with the State of Texas or the federal government.

2. Successful Proposer must affirm, in any resulting contract, that (i) it does not Boycott Israel; and

(ii) will not Boycott Israel during the term of any resulting Contract. This section may not apply if the Company is a sole proprietor, a non-profit entity, or a governmental entity; and only applies if:

(i) the Company has ten (10) or more fulltime employees and (ii) the Contract has a value of $100,000.00 or more to be paid under the terms of the Contract.

3. Successful Proposer must affirm, in any resulting contract, that it is not engaged in business with Iran, Sudan, or a foreign terrorist organization.

4. Successful Proposer must affirm, in any resulting contract, that it does not boycott energy companies, and will not boycott energy companies during the term of the Agreement.

5. Successful Proposer must affirm, in any resulting contract, that it (i) does not have a practice, policy, guidance or directive that discriminates against a firearm entity or firearm trade association;

and (ii) will not discriminate against a firearm entity or firearm trade association during the term of the Agreement.

6. Successful Proposer must affirm, in any resulting contract, that it is not (i) owned or controlled by

(a) individuals who are citizens of China, Iran, North Korea, Russia, or a designated country; or (b) a company or other entity, including a governmental entity, that is owned or controlled by citizens of or is directly controlled by the government of China, Iran, North Korea, Russia, or a designated country; or (ii) headquartered in China, Iran, North Korea, Russia or a designated country.

7. Successful Proposer must be fully authorized to conduct business in the State of Texas, be up to date on all related filings with the Texas Secretary of State and Texas Comptroller, and must maintain that compliance throughout the term of any agreement with CITY.

L. RECEIPT OF PROPOSALS

Proposals must be received by CITY prior to the time and date specified. The time Proposals are received shall be determined by the system time in the City Secretary’s Office. Please note that CITY is not responsible for delays at or near the time the response packages are due and that Proposers submitting their response package during peak traffic times risk their submittal not being received by the due date and time.

M. REIMBURSEMENTS

There is no express or implied obligation for the CITY to reimburse Proposers for any expenses incurred in preparing Proposals in response to this request and the CITY will not reimburse Proposers for these expenses, nor will CITY pay any subsequent costs associated with the provision of any additional information or presentation, or to procure a Contract for these services.

N. REPRESENTATIONS AND RESPONSIBILITIES

By submitting a Proposal in response to this RFP, Proposer represents that it has carefully read and understands all elements of this RFP; has familiarized itself with all federal, state, and local laws, ordinances, and rules and regulations that in any manner may affect the cost, progress, or performance of the work; and has full knowledge of the scope, nature, quality and quantity of services to be performed.

By submitting a Proposal in response to this RFP, the Proposer represents that it has not relied exclusively upon any technical details in place or under consideration for implementation by CITY, but has supplemented this information through due diligence research and that the Proposer sufficiently understands the issues relative to the indicated requirements.

PAGE 15 MUNICIPAL SOLID WASTE COLLECTION, TRANSPORTATION AND DISPOSAL CONTRACT: CITY

The failure or omission of Proposer to receive or examine any form, instrument, addendum, or other documents or to acquaint itself with conditions existing at the site or other details shall in no way relieve any Proposer from any obligations with respect to its Proposal or to the contract.

O. RESERVATIONS

CITY reserves the right to request clarification or additional information specific to any response after all Responses have been received and the RFP due date has passed. Additionally, CITY reserves the right to accept or reject all or part of any Proposal, waive any formalities or technical inconsistencies, delete any requirement or specification from the RFP, or terminate the RFP when deemed to be in CITY’s best interest.

P. RESPONSES BECOME PROPERTY OF CITY:

Submissions received in response to this RFP become the sole property of CITY.

Q. RIGHT OF ACCEPTANCE AND REJECTION

The qualifications of a Proposer shall not deprive City of Heath the right to accept a Proposal, which in its judgment offers the best value to CITY. In addition, CITY reserves the right to reject any Proposal where circumstances and developments have, in the opinion of CITY, changed the qualifications or responsibility of the Proposer.

R. RIGHT TO ASSURANCES

In the event CITY, in good faith, has reason to question the intent of the Proposer to perform as presented in the Proposal, CITY may demand written assurances of the intent to perform as presented.

In the event no written assurance is given within the time specified, CITY may reject the Proposal.

S. STANDARD FORM OF AGREEMENT

It is the intent of CITY to award this Contract to the Proposer(s) whose Proposal for completion of the Work provides the best value for CITY after consideration of the relative importance of costs and other evaluation factors described in this RFP. The successful Proposer(s) will be required to enter into the CITY’s Form of Agreement. This RFP and the successful Proposers’ Response, or any part thereof, may be incorporated into and made a part of the final Contract. CITY reserves the right to negotiate final terms and conditions of the Contract. CITY also retains the right to revise the Agreement to comply with legal or regulatory requirements.

A draft agreement is attached as Exhibit “A.” Successful Proposer(s) will be required to execute this Agreement. All Proposers shall be required to thoroughly read and understand the terms, conditions, and provisions in this Agreement. The Proposer acknowledges that CITY retains the right to revise the agreement in order to comply with legal or regulatory requirements. All required Certificates of Insurance and endorsements will be required before contract award. Any exceptions taken to CITY’s Agreement must be indicated in your Response. Failure to note any exceptions will be acknowledgement that you accept the terms and conditions without modifications. CITY may consider the proposed changes in the evaluation process.

T. GOVERNING LAW AND VENUE

Any contract awarded as a result of this RFP shall be governed by and construed in accordance with the laws of the State of Texas, and venue for any action related to this contract will be Rockwall County, Texas.

PAGE 16 MUNICIPAL SOLID WASTE COLLECTION, TRANSPORTATION AND DISPOSAL CONTRACT: CITY

INVITATION FOR PROPOSAL

City of Heath Heath invites sealed Proposals for:

1) Residential solid waste collection

2) Residential recyclables collection

3) Residential bulk and brush collection

4) Household Hazardous Waste Collection

5) Residential Unusual Accumulation collection

6) Commercial dumpster collection

7) Permanent roll-off collection (open-top and compactors)

8) Temporary/Construction roll-off collection

Proposers should read the following instructions and follow them closely. Failure to do so may result in a Proposal’s disqualification.

A Proposer who submits a Proposal does so without recourse against CITY, its staff, or contractors for either rejection by CITY or failure to execute an agreement with such Proposer.

CITY reserves all rights in accordance with the requirement of the laws of the State of Texas and City’s Code of Ordinances, without qualification, including, but not limited to the following:

Selection of any Proposal Waiver any formality, technicality, or irregularity in Proposals received.

Rejection of any Proposals which are not legible, not complete, or contain irregularities.

Rejection of any Proposals not received on or before the due date and time specified.

Rejection of all Proposals seeking clarification from Proposers concerning Proposals

IMMEDIATE DISQUALIFICATION WILL OCCUR IF ANY OF THE FOLLOWING ARE

DISCOVERED WITHIN THE PROPOSAL RESPONSE:

1. Any modification or exception taken to the Annual Rate Modification methodology and or annual rate cap. The rate increase method and cap are not a negotiable item.

2. Any exception taken to the implementation of NEW equipment where stated in the RFP

3. Any exception taken to the Liquidated Damages section and fees stated within this section.

4. If the Proposal is not properly and fully completed with one proposal signed in blue ink.

5. If the Proposal does not contain a copy of all pages of this RFP signed on all pages where signatures are requested by an authorized contracting agent of the proposed with each page of the RFP documents initialed and inserted within the Proposal.

If the Proposal is not filed with the CITY by openportal.gov no later than 2:00 PM on October 29, 2026.

PAGE 17 MUNICIPAL SOLID WASTE COLLECTION, TRANSPORTATION AND DISPOSAL CONTRACT: CITY

REQUIRED FORMAT OF PROPOSAL

• The Proposal must contain ALL of the required paperwork.

• ALL forms must be completed in their entirety, and ALL questions must be answered directly on the form and/or expanded onto additional pages when necessary. References to the proposer’s brochures, flyers, or websites will not be accepted as an answer.

• Refer to the checklist that follows to assist in the submission.

Proposals must be organized and submitted intact with all of the information in tabbed and appropriately labeled sections in the following order:

Sealed Envelope or Box with the Proposer’s name and address in the upper left-hand corner and marked as indicated in Delivery of Proposals. The envelope or box must contain one original (marked as such) and one (1) copy of the Proposal plus one digital copy in searchable pdf format on a thumb drive.

1. Proposal Cover Sheet/ Acknowledgement of Addendum(s) signed/sealed by the authorized Contractor/Proposer

2. Certifications

3. Proposal Bond

4. Non-Collusion Affidavit, Conflict of Interest Questionnaire, Certificate of Authority, and House Bill 89 verification

5. Power of Attorney (if necessary)

6. Proposal Tab 1 Exceptions or Modifications to the Contract

7. Proposal Tab 2 Past Performance and Experience of Contractor in Texas

8. Proposal Tab 3 Financial Qualifications

9. Proposal Tab 4 Facilities (includes Forms 4-A and 4-B)

10. Proposal Tab 5 Experience of Personnel at Local Hauling Operation

11. Proposal Tab 6 Equipment

12. Proposal Tab 7 Operational Plan and Safety Report in Detailed Narrative Format

13. Proposal Tab 8 Transition Plan in Detailed Narrative Format

14. Proposal Tab 9 Rates for Services

15. Proposal Tab 10 Disaster Management Plan

16. Proposal Tab 11 Customer Service and GPS

17. Proposal Tab 12 Proposed Alternative Upgrades in Service

PAGE 18 MUNICIPAL SOLID WASTE COLLECTION, TRANSPORTATION AND DISPOSAL CONTRACT: CITY

PROPOSAL COVER SHEET AND ACKNOWLEDGMENT OF

ADDENDUMS

The Proposer acknowledges receipt of the following Addendums to the solicitation:

Addendum Number Date

This Proposal reflects our best estimates, and/or actual costs as of this date, and conforms to the requirements provided in CITY’s RFP. By submitting this Proposal, the Proposer grants CITY the right to examine, as the basis for pricing that will permit an adequate evaluation of the proposed price, books, records, documents, and other types of factual information, if specifically referenced or included in the Proposal. CITY shall have the right to make such investigations as deemed necessary to determine the ability of the Proposer to perform the services required. Upon request by CITY, the Proposer shall furnish and certify all such supporting data and information that CITY may request to demonstrate the Proposer’s qualifications. This response is genuine and not made in the interest of or on behalf of any undisclosed person, firm, or corporation. This Proposal is not submitted in conformity with any agreement or understanding with any Proposer to submit a false or sham Proposal to obtain for itself or any other Proposer, an advantage over any other Proposer or CITY. In submitting this Proposal, the undersigned, on behalf of the Proposer, agrees that no Proposal may be withdrawn for a period of four (4) months after the date of receipt of Proposals and that all Proposals shall be valid for this entire period, subject to cost adjustment as identified unless advance written consent for such withdrawal is granted by CITY.

Please check the appropriate box: Corporation Partnership Sole Proprietor Limited Liability Company Other _______________________ Social Security or Federal Tax Identification Number: ________________

Name of Proposer:

Phone:

Address:

Fax

Type or Print Name and Title of Proposer’s Representative:

Attest:

Signature of Proposer’s Representative:

Date:

Corporate Seal:

PAGE 19 MUNICIPAL SOLID WASTE COLLECTION, TRANSPORTATION AND DISPOSAL CONTRACT: CITY

CERTIFICATION

The undersigned, as an authorized agent of the Proposer, hereby certifies:

• that (i) it does not Boycott Israel; and (ii) will not Boycott Israel during the term of the Contract. This section does not apply if the Company is a sole proprietor, a non-profit entity or a governmental entity; and only applies if: (i) the Company has ten (10) or more full-time employees and (ii) this Contract has a value of $100,000.00 or more to be paid under the terms of this Contract pursuant to Texas Government Code, Chapter 2271, Section 2271.002.

• that it does not do business with Iran, Sudan, or a foreign terrorist organization pursuant to Texas Government Code, Chapter 2252, Section 2252.153.

• that it does not boycott energy companies and will not boycott energy companies during the term of the Agreement pursuant to Texas Government Code, Chapter 2274, Section 2274.002.

• that it (i) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (ii) will not discriminate against a firearm entity or firearm trade association during the term of the Agreement pursuant to Texas Government Code, Chapter 2274, Section 2274.002.

• that it is not (i) owned or controlled by (a) individuals who are citizens of China, Iran, North Korea, Russia, or a designated country; or (b) a company or other entity, including a governmental entity, that is owned or controlled by citizens of or is directly controlled by the government of China, Iran, North Korea, Russia, or a designated country;

or (ii) headquartered in China, Iran, North Korea, Russia or a designated country pursuant to Texas Government Code, Chapter 2274.

• that they are duly qualified, capable, and otherwise bondable business entity not in receivership or contemplating same and have not filed bankruptcy.

• that the only people/entities interested in this Proposal are those named herein, that no other person/entity has any interest in this Proposal or in the Contract for services to which this Proposal pertains.

• that this Proposal is made without connection or arrangement with any other person/entity and that this Proposal is in every aspect fair, in good faith, and without collusion or fraud.

• that it has provided disclosure of all known claims for losses, damages, or indemnification, including any settled, threatened, or ongoing litigation.

• that this Proposal is based on the RFP documents, appendices, and draft Contract, and it has complied in every respect with all requirements of this RFP

• that the Proposer has read all appendices and has satisfied itself fully with respect to all matters and conditions with respect to the services to which the Proposal pertains and is qualified to perform the work and services outlined in this proposal.

• that they understand they shall be responsible for reimbursing the CITY to cover the cost of the City of Heath Solid Waste Consultant.

• that the Proposer understands it is responsible for reimbursing CITY for the development of this RFP and contract documents. The estimated costs to reimburse the CITY are $41,630.00; however, the actual amount incurred at the time of award of the contract will constitute the amount to be reimbursed

• that it has procedures in place to, and will, comply with the document retention and disclosure requirements of Texas Government Code 552.371.

Signed By: Title:

Typed Name: Company Name:

Phone No.: Email:

Remit Address:

P.O. Box or Street CITY State Zip

Federal Tax ID No.: DUNS No.:

Date:

PAGE 20 MUNICIPAL SOLID WASTE COLLECTION, TRANSPORTATION AND DISPOSAL CONTRACT: CITY

PROPOSAL BOND

The undersigned Proposer hereby declares that he has visited the site of the work and has carefully examined the Contract Documents pertaining to the work covered by the above Proposal, and he further agrees to commence work within thirty (30) days after the date of written notice to do so.

Enclosed with this Proposal is a Certified Check or a Proposal Bond in the sum of Fifty Thousand Dollars ($ 50,000.00) made payable to City of Heath which it is agreed shall be collected and retained by the Owner as liquidated damages in the event this proposal is accepted by the Owner within ninety (90) days after the Proposals are received and the undersigned fails to execute the contract and the required bond for the Owner within ten (10) days after the date said Proposal is accepted, otherwise, said check or bond shall be returned to the undersigned upon request.

Contractor (Firm Name) By: __________________________________________ Title: _________________________________________

(President/Vice-President) Address ______________________________________ Phone _________________________________________ Fax _________________________________________ Email _________________________________________

PAGE 21 MUNICIPAL SOLID WASTE COLLECTION, TRANSPORTATION AND DISPOSAL CONTRACT: CITY

NON-COLLUSION AFFIDAVIT

STATE OF: TEXAS COUNTY OF: ROCKWALL

I state that I am _______________________________ of _________________________________ (Name of Proposer) and that I am authorized to make this affidavit on behalf of said Proposer, and its owners, directors, and officers. I am the person responsible for the price(s) and the amount of this Proposal. .

I state that:

1. The price(s) and amount of this Proposal have been arrived at independently and without consultation, communication, or agreement with any other Contractor, Proposer, or potential Proposer.

2. The price(s) and specifications of this Proposal have been arrived at independently and without consultation, communication, or agreement with any employee, elected official, appointed official, or representative of the CITY.

2. Neither the price(s) nor the amount of the Proposal, and neither the approximate price(s) nor the approximate amount of this response has been disclosed to any other firm or person who is a Proposer or potential Proposer, and they will not be disclosed before opening.

3. No attempt has been made or will be made to induce any firm or person to refrain from responding to this Request for Proposal, to submit a Proposal higher than this Proposal, or to submit any intentionally high or noncompetitive Proposal or another form of complementary Proposal.

4. The Proposal of said firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive Proposal.

5. __________________________ (name of Proposer), its affiliates, subsidiaries, officers, directors, members, partners, and employees are not currently under investigation by any governmental agency and have not in the last five (5) years been convicted or found liable for any act prohibited by state or federal law in any jurisdiction, involving conspiracy or collusion with respect to proposing on any public contract, except as follows: I state that _________________________________ (Name of Proposer) understands and acknowledges that the above representations are material and important, and will be relied on by CITY in awarding the agreements for which this Response is submitted. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as fraudulent concealment from City of Heath of the facts relating to the submission of Proposals for this agreement. I understand and said firm understands that any fraudulent concealment will allow CITY to pursue all applicable remedies at law or equity including, but not limited to, the right to reject this Proposal.

Signature __________________________________ Name: __________________ Title _________________________________ Sworn to and subscribed before this _____ day of _________, 2026.

(Notary Public) ___________________________________ My Commission Expires: __________________

PAGE 22 MUNICIPAL SOLID WASTE COLLECTION, TRANSPORTATION AND DISPOSAL CONTRACT: CITY

DISCLOSURE OF CONFLICT OF INTEREST

Please be advised that in accordance with the State of Texas Local Government Code Chapter 176, the successful business entity awarded a contract by CITY Council of Heath must submit Form CIQ (Conflict of Interest Questionnaire). The form can be found at www.ethics.state.tx.us. Any completed Conflict of Interest Questionnaires shall be submitted to CITY. Any attempt to intentionally or unintentionally conceal or obfuscate a conflict of interest may automatically result in the disqualification of the Proposer's offer.

DISCLOSURE OF INTERESTED PARTIES

Contracting hereunder may require compliance with §2252.908 Texas Government Code/Disclosure of Interested Parties for contracts that (1) require an action or vote by CITY Council before the contract may be signed; or (2) has a value of at least $1 million. The law provides that a governmental entity may not enter into certain contracts with a business entity unless the business entity submits a Disclosure of Interested Parties certificate to the governmental entity at the time the business entity submits the signed contract to the governmental entity or state agency. Signing an agreement with CITY will constitute a request by CITY for the mandatory disclosure form. Failure to provide the form within 10 days of the effective date of any agreement will result in non-compliance with applicable law.

The process as implemented by the Texas Ethics Commission is as follows:

o The Disclosure of Interested Parties certificate must be performed using the Texas Ethics Commission’s electronic filing application listing each interested party of which the business entity is aware on Form 1295, obtaining a certification of filing number for this form from the TEC, and printing a copy of it to submit to CITY.

o The copy of Form 1295 submitted to CITY must be notarized and contain the unique certification number from the TEC. The form must be filed with CITY pursuant to §2252.908 Texas Government Code, “at the time the business entity submits the signed contract” to CITY.

o CITY, in turn, will electronically acknowledge the disclosure form to the TEC not later than the 30th day after the date CITY receives the disclosure of interested parties from the business entity.

AGREEMENT CANCELLATION

City of Heath may, by written notice to the successful Proposer, cancel the agreement without liability to CITY if it is determined by CITY that gratuities in the form of entertainment, gifts, or otherwise, were offered or given by the Proposer, or any agent, or representative of the Proposer, to any officer or employee of CITY to secure an agreement or secure favorable treatment with respect to the awarding or amending or the making or any determinations with respect to the performing of such an agreement. In the event this agreement is canceled by CITY pursuant to this provision, CITY shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by the Proposer in providing such gratuities.

PAGE 23 MUNICIPAL SOLID WASTE COLLECTION, TRANSPORTATION AND DISPOSAL CONTRACT: CITY

D. OVERVIEW

CONTRACT TERM

Initial Term. The Initial Term of the Contract shall commence on February 1, 2027 (the “Commencement Date”) and shall end on January 31, 2032 (the “Expiration Date”), unless otherwise terminated earlier as provided herein.

Extension Term. CITY and Contractor, upon written agreement between both parties, may extend the Initial Term for one (1) additional five (5) year term (the “Extension Term”) upon the same terms and conditions as stated herein.