Loading...
HomeMy WebLinkAboutContract 43982 (2)CITY SECREThIIY cONTRACTN�4 NO.Z STATE OF TEXAS COUNTIES OF TARRANT, DENTON, PARKER AND WISE CONTRACT FOR REGULAR GARBAGE CONTAINER, WASTE DISPOSAL AND RECYCLING SERVICES FOR CITY FACILTIES This Contract is entered into by the City of Fort Worth, Texas, a municipal corporation situated in Tarrant, Denton, Parker and Wise Counties, Texas, acting herein by and through Charles Daniels, its duly authorized Assistant City Manager, hereinafter called "City", and Allied Waste Service of Fort Worth, LLC a Texas limited liability company, hereinafter called "Contractor." THIS CONTRACT shall be for the equipment, material, labor, and personnel for container provision refuse and garbage removal and disposal and single stream recycling removal and processing services for City facilities as described herein and in the Request for Proposal 12- 0207. 1. DEFINITIONS In this Contract, the following words and phrases shall be defined as follows; Applicable Law shall mean any statute, law, constitution, charter, ordinance, resolution, judgment, order, decree, rule, regulation, directive, interpretation, standard or similarly binding authority, which in any case, shall be enacted, adopted, promulgated, issued or enforced that relates to or affects the City, the Contractor, or the performance by a party of its obligations hereunder. City shall mean the City of Fort Worth, Texas. Commission shall mean the Texas Commission of Environmental Quality (TCEQ). Containers shall mean roll carts and/or front —load dumpsters ranging in size from two (2) cubic yards (CY) to ten (10) CY and open —top roll off containers of 30 CY and 40 CY capacity. Compostable Debris shall mean exempt source separated industrial material, clean wood material, vegetative material, paper, manure (including paunch manure), bedding material, yard and brush trimmings, pre -consumer green waste and other feedstock materials that are allowed under 30 TAC §332.3(d) . 12-14-12 Pt;'_:22 IN OFFICIAL RECORD CITY SECRETARY !T. WORTH, Th Contract shall mean this contract document, Request for Proposal 12-0207, Contractor's Response and all Attachments to this document. Contract Year shall mean October through September of each year. Day shall mean calendar day, unless otherwise specified. Director shall mean the Director of Code Compliance Department or his/her designated representative. Disposal shall mean dumping or depositing of Solid Waste into or onto a Disposal Facility in compliance with all applicable laws. Disposal Facility shall mean a sanitary landfill or other Solid Waste Disposal Facility permitted by TCEQ and/or other applicable regulatory agency with jurisdiction and utilized for the receipt or final disposition of Solid Waste generated within the City. Garbage shall mean Solid Waste consisting of putrescible animal and vegetable waste materials resulting from the handling, preparation, cooking, and consumption of food including waste materials from markets, storage facilities, handling, and sale of produce and other food products. Hazardous Waste shall mean waste defined as, or of a character or in sufficient quantity to be defined as, a "Hazardous Waste" by the Resource Conservation and Recovery Act, as amended, or any state or local laws or regulations with respect thereto or a "toxic substance ' as defined in the Toxic Substance Control Act as amended, or any regulations with respect thereto, or any reportable quantity of a "hazardous substance" as defined by the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, or any regulations with respect thereto. The term "Hazardous Waste" also includes any waste whose storage, treatment, incineration or disposal requires a special license or permit fiom any federal, state or local government entity body or agency and any substance that, after the effective date of this Agreement is determined to be hazardous or toxic by any Judicial or governmental entity, body or agency having jurisdiction to make that determination. Material Obligation has the meaning set forth in Section 10(A)(3). MWBE shall mean a minority or women's business enterprise. Person shall mean any individual, partnership, corporation, limited liability company, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all Governmental Bodies. Proposal shall mean Contractor's Response to Proposals No. 12-0207 attached to this Contract. Recyclables shall mean metal, aluminum cans, mixed office paper, cardboard and plastic containers. Additional items may be added by written mutual agreement of the parties. 2 Contract for Garbage and Recyclables Collection from City Facilitiesexecutioncopy Solid Waste means mean any Garbage, Rubbish, and other discarded material. The term does not include: (i) solid or dissolved material in domestic sewage, or solid or dissolved material in irrigation return flows, or industrial discharges subject to regulation by permit issued under the Water Code, Chapter 26; (ii) soil dirt, rock, sand, and other natural or man-made inert solid materials used to fill land if the object of the fill is to make the land suitable for the construction of surface improvements; (iii) waste materials that result from activities associated with the exploration, development, or production of oil or gas or geothermal resources and other substance or material regulated by the Railroad Commission of Texas under the Natural Resources Code, or (iv) any Unacceptable Waste. Unacceptable Waste shall mean any and all waste including but not limited to Hazardous Waste, special waste, medical waste and asbestos, the acceptance and handling of which by Contractor would cause a violation of any permit condition, legal requirement, regulatory requirement or Applicable Laws, and/or cause substantial damage to Contractor's equipment or facilities or present a substantial danger to the health or safety of the public or Contractor's representatives, agents or employees. Uncontrollable Circumstances includes "unanticipated events," and shall mean any act, event or condition (excluding those which result from the willful or negligent action or inaction of a party) occurring during the term that has, or may reasonably be expected to have, a material and adverse effect on a right or an obligation of either or both parties to this Contract, if such act event or condition is beyond the reasonable control of the party relying thereon as justification for not performing under this Contract. Uncontrollable Circumstances shall include, but are not limited to, the following: an act of God, landslide, lightning, earthquake, fire, explosion, flood, ice storm, nuclear radiation, acts of a public enemy or terrorist, war blockade, insurrection, riot or civil disturbance or any similar occurrence, or a condemnation or other taking by or on behalf of any public quasi -public or private entity, but not including reasonably anticipated weather conditions for the geographic area of the City; Uncontrollable Circumstances shall not include: (1) insolvency or inability to pay any amount; (2) inability to obtain any letter of credit, surety bond, payment or performance bond or any other security required by this Contract; (3) a public or private labor dispute relating to the transportation or disposal of Waste. Vehicle shall mean every device in, upon, or by which Contractor uses to transport materials and/or waste or drawn upon a public or private highway or road to perform the services and related services described for by this Contract. Violation shall mean any final determination by a governmental body that the Contractor is in violation of or not in compliance with any portion of its governmental approvals or Applicable Law. 3 Contract for Garbage and Recyclables Collection from City Facilitiesexecutioncopy 2. SCOPE OF CONTRACTOR'S SERVICES In accordance with industry standards: A. Contractor shall collect Solid Waste, Recyclables and Compostable Debris from the City s Facilities shown in Exhibit C. Contractor shall provide such collection service in accordance with a schedule that is mutually agreed upon in writing by both parties, which may be amended from time to time. B. All solid waste collected under the terms of this Contract shall be delivered to properly permitted landfills approved in advance by the City. All recyclables collected under this Contract shall be delivered to a recycling facility approved in advance by the City. C. Contractor will respond to all requests for service within 24 hours. D. Contractor shall provide, clean, repair and maintain the Containers as necessary for the collection services herein. E In addition to the collection of solid waste and recyclables at other City facilities listed in Exhibit C, Contractor shall provide collection disposal and recycling services for the City's Village Creek Reclamation Facility located at 4500 Wilma Lane as follows: 1. Pick up, haul and properly dispose of the material in nine (9) twenty cubic yard (20 CY) roll -off container(s) primarily used for screenings at the Headwork's Facility and Bar Screen #3 and for periodic trash and grit and the Drying Bed area. Headwork's and Bar Screen # 3 container(s) shall be pulled on the Monday, Wednesday and Friday of each week or on a will call basis, due to the variability of loading time. The Drying Bed area container shall be placed and pulled on a will -call basis due to the variability of loading time. The Contractor shall respond within twenty-four (24) hours to all will call request; pulls from 12:OOam to12:00pm, must receive top priority. 2. Pick-up, haul and properly dispose of the material in seven (7) eight cubic yard (8 CY) dumpster container(s), lid top openings, with sliding doors on each side. These containers shall be pulled on as will call basis, due to the variability of loading time. (Normal operation will fill approximately 2-3 containers per week) These containers will primarily be used for Garbage. 3. Pick up, haul and properly dispose of one (1) thirty cubic yard (30 CY) open -top roll off container. This container shall be pulled on a will -call basis due to the variability of loading time. (Normal operation will fill approximately one (1) container per month). The container will primarily be used for Solid Waste. 4 Contract for Garbage and Recyclables Collection from City Facilitiesexecutioncopy 4. Conti actor shall coordinate with City staff at the Service Station (phone 817-392- 4995) each day prior to arriving and leaving the Plant site. F Contractor shall accurately complete and provide all manifest necessary by any law or regulation. Contractor shall log in and classify the type of material for each load taken from the Village Creek Reclamation Facility, and a copy of the manifest form will be left at the Service Station each day, prior to leaving the Plant. 3. SCOPE OF CITY SERVICES City agrees to perform the following services: A. Designate a City representative to provide timely direction to the Contractor and render the City decisions; B. Notify the Contractor when transportation services are required; C. Timely review and respond, if necessary, to reports submitted by Contractor; D. Make timely payments upon review and approval of invoices submitted by the Contractor; D. Pay for all disposal costs and expenses associated with all disposals on behalf of the City pursuant to the terms of this Contract; E. Monitor the personnel, equipment, and Vehicle standards as described in the terms of this Contracts and F. Manage the City's call center and inform Contractor of complaints and work with the Contractor to resolve complaints and additional service requests regarding service related to this contract. 4. TERM The term of this Contract shall begin on the date the last party has fully executed the Contract and shall end on September 31 2015 unless otherwise terminated as provided herein. City shall have the right to extend this Contract for up to two (2) one (1) year renewal terms, provided City and Contractor agree to extend this Contract in writing at least thirty (30) Days prior to the end of the initial term or the then current renewal term; such agreement shall be in writing and shall (i) renew this Contract on the same terms, conditions and fees as set forth herein; or (ii) amend this Contract to revise the terms, conditions and fees as set forth herein. 5 Contract for Garbage and Recyclables Collection from City Facilitiesexecutioncopy 5 REPORTS AND PAYMENT For and in consideration of the services performed in accordance with this Contract, City agrees to pay Contractor as follows: A. Within fifteen (15) Days of the end of each month during which services are provided by the Contractor, Contractor shall submit to each city facility (i) a monthly report and (ii) and an invoice in a form acceptable to the City, detailing monthly total activities, to include the services provided by Contractor under this Contract. The following information shall be included on the monthly invoices: 1. quantities and number of loads including type of waste collected (solid waste or recycling) from specific City facilities• 2. the date of delivery; 3. the ticket number and tons for each roll off load received (not required for cart and dumpster loads); and 4. monthly payments due Contractor. Payment shall be made to the Contractor within thirty (30) Days from receipt by the City of the Contractor's final monthly invoice. Prices for the first year of the term of this Contract shall be as shown in Exhibit B C. Prices may be adjusted as part of the agreement renewal process. Request for price adjustment must be accompanied by supporting evidence of a price increase from the manufacturer. In the event of an industry -wide price change, the City of Fort Worth will consider requests for one price increase per year of agreement. Notification of price change must be submitted in writing to the Purchasing Division with the effective date of change to be at least (30) days after written notification The City reserves the right to accept or reject the price adjustments If the request for price adjustments is not acceptable to the City of Fort Worth, then the City reserves the right to cancel any . individual items affected or cancel the entire purchase agreement. If the price change is deemed unreasonable when compared to industry changes, the City of Fort reserves the right to terminate the contract upon (30)-days written notice. 6. VEHICLE STANDARDS A. General Contractor shall provide a fleet of Vehicles sufficient in number and capacity to perform the work required by the Contract in accordance with its terms. Contractor shall have available sufficient back-up Vehicles to respond to complaints and emergencies which can be reasonably anticipated. 6 Contract for Garbage and Recyclables Collection from City Facilitiesexecutioncopy Specifications All Vehicles used by Contractor in providing transport of materials under the Contract shall be in good repair and designed to prevent leakage, spillage or overflow Contractor's vehicles will also be in compliance with the City's solid waste vehicle permitting ordinances. All such Vehicles shall comply with U.S. Environmental Protection Agency noise emission regulations and other applicable noise control regulations. Contractor shall use its best efforts to ensure that gross Vehicle weight of all Vehicles even when loaded, do not exceed Vehicle license limitations. All containers furnished by the City shall be in good repair and designed to prevent leakage, spillage and overflow. Contractor is not responsible for determining whether the loaded container and the Vehicle's combined weight (the ` Combined Weight") exceed the gross Vehicle weight allowed by license, since weight scales required to make such Combined Weight determinations are not available at the applicable facility sites. Provided however, should the City inform Contractor that the Combined Weight does exceed the gross Vehicle weight allowed by license, then Contactor will take actions directed by the City to remedy the excess weight situation at the City's expense, and the City shall be responsible for off-loading and storing sufficient material so that such license limitations are not exceeded. C. Vehicle Identification Contractor's name, local telephone number and a unique Vehicle identification number designated by Contractor for each Vehicle shall be prominently displayed on all Vehicles, in letters and numbers no less than two and one-half (2 '/2) inches high. Contractor shall not place the City's logo on its Vehicles. D. Equipment Inventory In addition to the above requested information, Contractor shall furnish the City a written inventory of all Vehicles used in providing service, and shall update the inventory annually. The inventory shall list all Vehicles by manufacturer, ID number, date of acquisition, type, and capacity. E. Cleaning and Maintenance Contractor shall maintain all of its properties, facilities and equipment used in providing service under the Contract in a safe, neat, clean and operable condition at all times. F. Vehicles Vehicles used in the transportation of materials under the Contract shall be thoroughly washed on a regular basis so as to present a clean appearance. City may inspect Vehicles at any time to determine compliance with sanitation requirements. Applicable Laws Contractor shall also comply with all Applicable Laws relating to Vehicles including Sections 12.5-850 through 12.5-863 regarding Privileges Agreements and Grant requirements; provided, however, any revenue generated by the Contractor for the services provided to the City under this Contract shall be excluded from the Grant of 7 Contract for Garbage and Recyclables Collection from City Facilitiesexecutioncopy Privileges fee required by Section 12.5-856 of the City Code. 7. PERSONNEL STANDARDS A. Contractor shall furnish such qualified drivers, mechanical, supervisory, clerical and other personnel as may be necessary to provide the services required in a safe manner. All drivers shall be trained and qualified in the operation of Contractor's vehicles and must have in effect a valid Commercial Drivers License, of the appropriate class, issued by the Texas Department of Public Safety. B. Contractor shall provide operational and safety training for all of its employees who utilize or operate Vehicles or equipment for transportation of materials under the Contract. C. Contractor shall not nor shall it permit its employees to demand or solicit, directly or indirectly, any additional compensation of gratuity from members of the public for sei vices provided under the Contract. D. Contractor shall use commercially reasonable efforts to assure that all employees present a neat appearance and conduct themselves in a courteous manner. Contractor shall regularly train its employees in customer courtesy, shall have policies that prohibit the use of loud or profane language, and shall instruct drivers to perform the work as quietly as possible. If any employee is found not to be courteous or not to be performing services in the manner required by the Contract, Contractor shall take all appropriate corrective measures. If City has notified Contractor of a complaint related to discourteous or improper behavior, Contractor will consider reassigning the employee to duties not entailing contact with the public while Contractor is pursuing its investigation and corrective action process. E. Contractor shall designate qualified employees as supervisors of field operations. Supervisors will be in the field inspecting Conti actor's work and will be available by radio or phone during the Contractor's hours of operation to handle calls and complaints from the City, or to follow up on problems and inspect Contractor s operations. F. All employees of the Contractor performing work under the Contract shall be uniformed showing their association with the Contractor while operating in the field Contractor shall provide a list of current employees, Contractors and subcontractors to City upon request. 8. SERVICE STANDARDS A. Litter Abatement Contractor shall use due care to prevent materials from being spilled or scattered during 8 Contract for Garbage and Recyclables Collection from City Facilitiesexecutioncopy the transportation process. If any Solid Waste or Recyclable, or other materials are spilled during transportation, the Contractor shall promptly clean-up all spilled materials. B. Noise All transport equipment operations shall be conducted as quietly as possible using commercially reasonable practices and shall conform to applicable federal State, County and City Code noise level regulations in Section 23-8, as they may be amended 9. MWBE REQUIREMENTS In keeping with the City's Minority/Women Business Enterprise (MWBE) ordinance, Contractor agrees to the following: A. The Consultant agrees that a minimum of ten percent (10%) of the total dollar value of this Contract will be paid as compensation to certified MWBE films. Monthly reporting is required to the City of Fort Worth — MWBE Office, 1000 Throckmorton Street Fort Worth, Texas 76102. Proof of payment for all invoices from MWBE firms will be required. Final payment to the Consultant under this Contract may be withheld pending MWBE Office approval of documentation. B. Contractor will, during the term of this Contract, provide City with monthly reports detailing its compliance with the requirements for MWBE participation, including but not limited to the activities of the MWBE and the dollar value of those services as required by the City. City shall have a right of access to any and all books, records and documents which relate to MWBE subcontracts for the performance of services which relate to this Contract in order to audit and verify the information contained in the monthly reports. Contractor shall include in all MWBE subcontracts a similar provision allowing City access to subcontractor's books, records and documents relating to services which related to this Contract for these purposes. 10. EVENTS OF DEFAULT BY CONTRACTOR A. The following shall constitute Events of Default on the part of the Contractor except to the extent caused by the occurrence of an Uncontrollable Circumstance or City's fault unless otherwise specified herein: 1. Failure by the Contractor to perform any Material Obligation of Contractor under the terms of this Contract and (i) written notice thereof has been provided by the Director specifying such failure and requesting that such condition be remedied, and (ii) Contractor fails to cure the default within fifteen (15) days after receiving notice from the Director (provided, if such failure is of a nature that it cannot be cured within such fifteen (15) day period, Contractor shall not be in default if Contractor commences the curing of such failure within such fifteen (15) day period, and diligently pursues to completion the curing thereof); or 9 Contract for Garbage and Recyclables Collection from City Facilitiesexecutioncopy 2. The Contractor being insolvent or bankrupt or ceasing to pay its debts as they mature or making an arrangement with or for the benefit of its creditors or consenting to or acquiescing in the appointment of a receiver trustee, or liquidator for a substantial part of its property; or a bankruptcy, winding up, reorganization, insolvency arrangement, or similar proceeding instituted by the Contractor, under the laws of any Governmental Body or against the Contractor, if the Contractor does not take the appropriate action to dismiss said proceedings; which proceedings have not been dismissed within ninety (90) Days of the institution of such proceedings; or any action or answer by the Contractor approving, consenting to, or acquiescing in, any such proceedings or the event of any distress, execution or attachment upon the property of the Contractor which shall substantially interfere with its performance hereunder; or 3. The following acts or omissions by the Contractor shall constitute failure to perform a Material Obligation of Contractor under this Contract: a. Failure to commence work operations within the time specified in the Contract. b. Failure to provide and maintain sufficient labor, Vehicles and equipment or licenses, permits and necessary approvals from City or a third party to properly and legally execute the working operations. c Evidence that Contractor has abandoned the work. d. Failure to maintain the required insurance as determined herein. e. Assignment by Contractor of the Contract in violation of Article 23 of the Contract. f. Failure to supply complete and accurate information as required in this Contract. g. Failure to indemnify the City as required herein. h. Falsifying records or reports to the City, State or Federal governments. i. Failure to maintain required level of MWBE participation. J. Failure to comply with Applicable Law that materially affects Contractor's ability to perform this Contract as reasonably determined by the City Council. B. City shall, as soon as practical, notify Contractor of any failure on the Contractor's part to comply with the terms of this Contract After receipt of notice from the City of an Event of 10 Contract for Garbage and Recyclables Collection from City Facilitiesexecutioncopy Default, Contractor shall acknowledge receipt of such notice by telephone, facsimile, or email within forty-eight (48) hours. Contractor shall provide the City with verbal notice of what corrective action has or shall be taken by the Contractor and shall follow up with written notice describing the same along with any additional relevant information, within five (5) calendar days. Failure to provide acknowledgement of receipt of notice, or plan of corrective action, within the above mentioned time period(s) shall constitute an Event of Default by the Contractor. C. Contractor shall be excused for the failure to perform its obligations under this Agreement if such failure results from the occurrence of an Uncontrollable Circumstance. Contractor shall seek diligently and in good faith to perform its obligations notwithstanding the occurrence of an Uncontrollable Circumstance, to mitigate the adverse effects of an Uncontrollable Circumstance, and to overcome an Uncontrollable Circumstance as soon as practicable. Contractor shall provide written notice of an Uncontrollable Circumstance to City within a reasonable time, but not greater than twenty-four (24) hours, of Contractor s knowledge of such Uncontrollable Circumstance. Such notice shall, at a minimum, set forth the following (to the extent then known or available, or if not, as soon as practicable thereafter, a separate notice shall provide such information not provided in the first notice): (a) description of the Uncontrollable Circumstance that has occurred; and (b) the effect, if any or such Uncontrollable Circumstance on Contractor's performance or other obligations under this Agreement. After the resolution of an Uncontrollable Circumstance and the restoration of services hereunder, Contractor shall provide written notice of a reinstatement of services. 11. EVENTS OF DEFAULT BY CITY A. The following shall constitute Events of Default (herein so called) on the part of the City, except to the extent excused by the occurrence of an Uncontrollable Circumstance or Contractor's fault unless otherwise specified herein: 1. Failure by City to perform any material obligation of City under the terms of this Contract, and (i) written notice thereof has been provided by Contractor specifying such failure and requesting that such condition be remedied, and (ii) City fails to cure the default within fifteen (15) days after receiving notice from Contractor (provided, if such failure is of a nature that it cannot be cured within such fifteen (15) day period, City shall not be in default if City commences the curing of such failure within such fifteen (15) day period, and diligently pursues to completion the curing thereof); or 2. City being insolvent or bankrupt or ceasing to pay its debts as they mature or making an arrangement with or for the benefit of its creditors or consenting to or acquiescing in the appointment of a receiver, trustee or liquidator for a substantial part of its property or a bankruptcy, winding up, reorganization, insolvency, arrangement or similar proceeding instituted by City under the laws of any jurisdiction or against City, if City does not take appropriate action to dismiss said proceedings which proceedings 11 Contract for Garbage and Recyclables Collection from City Facilitiesexecutioncopy have not been dismissed within ninety (90) Days of the institution of such proceedings; or any action or answer by City, approving of consenting to, or acquiescing in, any such proceedings; or the levy of any distress, execution or attachment upon the property of City, which shall substantially interfere with its performance hereunder. B. Contractor shall, as soon as practical notify City of any failure on the City's part to comply with the terms of this Contract. After receipt of notice from the Contractor of an Event of Default, City shall acknowledge receipt of such notice by telephone, facsimile, or email within forty-eight (48) hours. City shall provide the Contractor with verbal notice of what corrective action has or shall be taken by the City and shall follow up with written notice describing the same along with any additional relevant information, within five (5) calendar days. Failure to provide acknowledgement of receipt of notice, or plan of corrective action, within the above mentioned time period(s) shall constitute an Event of Default by the City. C. City shall be excused for the failure to perform its obligations under this Contract if such failure results from the occurrence of an Uncontrollable Circumstance. City shall seek diligently and in good faith to perform its obligations, notwithstanding the occurrence of an Uncontrollable Circumstance, to mitigate the adverse effects of an Uncontrollable Circumstance and to overcome an Uncontrollable Ciicumstance as soon as practicable. City shall provide written notice of an Uncontrollable Circumstance to Contractor within a reasonable time, but not greater than twenty-four (24) hours, of City's knowledge of such Uncontrollable Circumstance. Such notice shall, at a minimum, set forth the following (to the extent then known or available or if not, as soon as practicable thereafter, a separate notice shall provide such information not provided in the first notice): (a) description of the Uncontrollable Circumstance that has occurred; and (b) the effect, if any, or such Uncontrollable Circumstance on City s performance or other obligations under this Contract. After the resolution of an Uncontrollable Circumstance and the restoration of services hereunder, City shall provide written notice of a reinstatement of services. The City shall not be excused for payment of monies due to the Contractor for services rendered. 12 Contract for Garbage and Recyclables Collection from City Facilitiesexecutioncopy 12. PAYMENT DISPUTE If a party disputes any amount that is payable under this Contract, the party disputing shall provide written notice to the other party of such disputed amount, together with sufficient information to enable the other party to understand the nature of the dispute. Such notice shall be delivered by the party disputing such amount no later than the date that such amount is due and payable (or, if later, within ten (10) days after the date on which the disputing party has information necessary to determine that it has a dispute) and (as applicable) the party disputing such amount shall make payment of the undisputed amount on the due date thereof. If the amount that is in dispute is ultimately determined to be due and payable, such disputed amount, together with interest thereon (at the lesser of (i) the maximum rate of interest permitted by applicable laws or (ii) 1 % over the prime rate of Intel est published in The Wall Street Journal, or such other daily financial publication as shall be mutually agreeable to the parties if The Wall Street Journal ceases to be published or ceases to publish such information) shall be paid by the party disputing such amount within ten (10) business days. 13. TERMINATION All work and services of this Contract may be suspended on written order of the City, or the Contract may be declared terminated by the City Council, for any Event of Default by Contractor with thirty (30) days written notice to the Contractor. All work and service of this Contract may be suspended with thirty (30) Days written notice by Contractor to the City, or the Contract may be declared terminated with thirty (30) days written notice to the City by Contractor, for any Event of Default by the City. 14 INDEMNIFICATION A. CONTRACTOR SHALL RELEASE, INDEMNIFY, REIMBURSE, DEFEND, AND HOLD HARMLESS, CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS ARISING OUT OF THE WORK AND SERVICES TO BE PERFORMED HEREUNDER BY CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES, INCLUDING DAMAGES, LOSS, INJURY OR DEATH, TO THE EXTENT CAUSED BY ANY ERROR, OMISSION, DEFECT, OR DEFICIENCY, INCLUDING NEGLIGENCE OF CONTRACTOR. B. UPON LEARNING OF A CLAIM, LAWSUIT, OR OTHER LIABILITY WHICH CONTRACTOR IS REQUIRED HEREUNDER TO INDEMNIFY, THE CITY 13 Contract for Garbage and Recyclables Collection from City Facilitiesexecutioncopy SHALL PROVIDE CONTRACTOR WITH REASONABLY TIMELY NOTICE OF SAME. C. THE OBLIGATIONS OF THE CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OF THIS CONTRACT AND THE DISCHARGE OF ALL OTHER OBLIGATIONS OWED BY THE PARTIES TO EACH OTHER HEREUNDER. D. IN ALL OF ITS CONTRACTS WITH SUBCONTRACTORS FOR THE PERFORMANCE OF ANY WORK UNDER THIS CONTRACT, CONTRACTOR SHALL REQUIRE THE SUBCONTRACTORS TO INDEMNIFY THE CITY IN A MANNER CONSISTENT WITH THIS SECTION 15. INSURANCE Contractor shall not commence work under this Contract until it has obtained all the insurance required under the Contract, and such insurance has been approved by the City Contractor shall keep the required insurance in force throughout the term of this Contract. A. Commercial General Liability $2,000,000 Each Occurrence $4,000,000 Aggregate B. Automobile Liability $2,000,000 Each accident on a combined single limit basis Coverage shall be on any vehicle used by the Contractor, its employees, agents, representatives in the course of the providing services under this Agreement. "Any vehicle" shall be any vehicle owned, hired and non - owned C. Pollution Liability $2,000,000 Each Occurrence $4,000,000 Aggregate D. Worker's Compensation Statutory Limits Employer's liability 14 Contract for Garbage and Recyclables Collection from City Facilitiesexecutioncopy $100,000 Each accident on a combined single limit basis $100,000 Disease - per each employee $500,000 Disease - policy limit This coverage may be written as follows: Workers' Compensation and Employers' Liability coverage with limits consistent with statutory benefits outlined in the Texas workers' Compensation Act (Art. 8308 — 1 01 et seq. Tex. Rev. Civ. Stat.) and minimum policy limits for Employers' Liability of $100,000 each accident/occurrence, $500,000 bodily injury disease policy limit and $100,000 per disease per employee The following shall pertain to all applicable policies of insurance (A. through D.) listed above: 1. Additional Insured Clause: "The City of Fort Worth, its officers, agents, employees, and representatives are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under Contract with the City of Fort Worth. ' An equivalent clause may be acceptable in the discretion of the City. This additional insured clause will not be required on Worker's Compensation Insurance 2. Subcontractors shall be covered under the Contractor's insurance policies or they shall provide their own insurance coverage, and, in the latter case, documentation of coverage shall be submitted to the Contractor prior to the commencement of work and the Contractor shall deliver such to the City. 3. Prior to commencing work under this Contract, the Contractor shall deliver to the City of Fort Worth insurance certificate(s) documenting the insurance required and terms and clauses required. 4. Each insurance policy required by this Contract shall contain the following clauses: "This insurance shall not be canceled, limited in scope or coverage or non -renewed until after thirty (30) Days prior written notice has been given to the City. Note: Written notice can be by Contractor or insurance company. 5. The insurers for all policies must be approved to do business in the State of Texas and be currently rated in terms of financial strength and solvency to the satisfaction of the Risk Manager for the City. 16. INDEPENDENT CONTRACTOR Contractor shall perform all work and services hereunder as an independent contractor and not as an officer, agent or employee of the City. Contractor shall have exclusive control of, and the exclusive right to control the details of the work performed hereunder and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, 15 Contract for Garbage and Recyclables Collection from City Facilitiesexecutioncopy agents, employees and subcontractors. Nothing herein shall be construed as creating a partnership or joint venture between the City and the Contractor, its officers, agents, employees and subcontractors; and the doctrine of respondeat superior shall have no application as between the City and the Contractor. 17 LICENSES, PERMITS AND FEES Contractor agrees to obtain and pay for all licenses, permits, certificates, inspections and all Governmental Approvals and other fees required by Applicable Laws or otherwise necessary to perform the services prescribed in the Scope of Work and RFP. 18. UNACCEPTABLE WASTE AND TITLE TO WASTE A. Contractor shall NOT knowingly transport, nor be required to transport for disposal, Unacceptable Waste. Contractor shall leave Unacceptable Waste at its original location or location of discovery and notify the Director immediately of the location and provide the Director with a description of such waste. B. Title to and risk of loss and responsibility for, all waste or other materials under this Contract, whether Unacceptable Waste or not, shall at all times remain with the City, and shall in no event be deemed to pass to Contractor unless otherwise required by State or Federal laws, rules or regulations. City agrees that it shall not knowingly provide any Unacceptable Waste for pickup by Contractor. If any Unacceptable Waste is contained in any container for pickup by Contractor, Contractor may, at Contractor's sole option, (i) refuse to pickup and transport such Unacceptable Waste, or (ii) if Contractor does not discover such Unacceptable Waste in time to refuse pickup and transportation, Contractor may (but is not obligated to), after obtaining approval from the City, as the City's agent, transport such Unacceptable Waste to a location fully authorized to accept such Unacceptable Waste in accordance with all Applicable Laws and charge the City all direct and indirect costs incurred due to delivery and disposal of such Unacceptable Waste. C. The City shall compensate Contractor for any commercially reasonable expenses incurred as a result of Contractor's services associated with handling Unacceptable Waste. Any additional or return trips as a result of the presence of Unacceptable Waste shall be paid to Contractor by the City at the normal hourly rate. 19. CUMULATIVE REMEDIFS The rights and remedies granted in this Contract are cumulative, and the exercise of such rights shall be without prejudice to the enforcement of any other right or remedy authorized by law or this Contract. No waiver of any violation shall be deemed or construed by a court of law or an arbitrator to constitute a waiver of any other violation or other breach of any of the terms. 16 Contract for Garbage and Recyclables Collection from City Facilitiesexecutioncopy 20. REMEDIES FOR BREACH The parties agree that, except as otherwise provided in this Contract with respect to termination, in the event that either party breaches this Contract, the other party may exercise any legal rights it has under this Contract under the security instruments and under Applicable Law to recover damages or to secure specific performance, and that such rights to recover damages and to secure specific performance shall ordinarily constitute adequate remedies for any such breach. Neither party shall have the right to terminate this Contract for cause except upon the occurrence of an Event of Default unless otherwise expressly stated herein. 21. DISCLOSURE OF CONFLICTS Contractor warrants to the City of Fort Worth that it has made full disclosure in writing of any existing conflicts of interest related to the services to be performed hereunder. Contractor further warrants that it will make prompt disclosure in writing of any conflicts of interest that develop subsequent to the signing of this Contract. 22. RIGHT TO AUDIT. Contractor agrees that the City shall, for (3) years after any payment under this Contract, have access to and the right to examine any directly pertinent books, documents papers and records of the Contractor involving transactions relating to that payment and this Contract. Contractor agrees that the City shall have access during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City shall give Contractor reasonable advance notice of intended audits and request for access. Notwithstanding any other provision of this Contract, however, in no event shall Contractor be obligated to provide to the City financial information (i) relating to the operations of the Contractor other than its services rendered under this Contract or (ii) relating to the operations of any affiliate or subsidiary of the Contractor. 23. PROHIBITION OF ASSIGNMENT Neither party hereto shall assign or transfer its interest herein without the prior written consent of the other party, and any attempted assignment or transfer of all or any part hereof without such prior written consent shall be void. City shall not unreasonably withhold consent to assignment by Contractor of this Contract to an affiliate of Contractor. 17 Contract for Garbage and Recyclables Collection from City Facilitiesexecutioncopy 24. WAIVERS No failure by the City or by Contractor to insist upon the strict performance of any term, covenant, agreement, provision, condition or limitation of this Contract or to exercise any right or remedy hereunder shall constitute a waiver of any such breach or of such term, covenant, agreement, provision, condition or limitation. No term, covenant, agreement, provision, condition or limitation of this Contract to be kept, observed or performed by the City or by Contractor, and no breach thereof may be waived, altered or modified except by a written instrument executed and acknowledged by and delivered to the City and Contractor. No waiver of any breach shall affect or alter this Contract, but each and every term covenant agreement, provision, condition and limitation of this Contract shall continue in full force and effect with respect to any other then existing or subsequent breach thereof. 25. GOVERNMENTAL POWERS AND IMMUNITIES It is understood and agreed that, by execution of this Contract, City does not waive or surrender any of its governmental powers or immunities. Contractor acknowledges that the City is a Governmental Body and as such has certain rights powers and duties that may affect the Contractor s rights or obligations under the Contract The Contractor agrees that no action by the City acting in its governmental capacity shall be construed as a breach or default by the City under this Contract, nor shall any such action excuse the Contractor from performance of its obligations under this Contract; provided, however, if such action constitutes an Uncontrollable Circumstance, the Contractor may assert any rights it may have under this Contract as is permitted for any other Uncontrollable Circumstance. 26. COMPLIANCE WITH LAWS The parties and their officers, agents, employees, contractors and subcontractors, shall abide by and comply with all Applicable Laws in the performance of this Contract. 27 DISCRIMINATION PROHIBITED Contractor, in the execution, performance or attempted performance of this Contract, shall not discriminate against any person or persons on any unlawful basis. 28. SUCCESSORS AND ASSIGNS All of the terms, covenants, and agreements contained herein shall be binding upon and shall inure to the benefit of successors and assigns of the respective parties hereto. 18 Contract for Garbage and Recyclables Collection from City Facilitiesexecutioncopy 29. NOTICES Any notices (unless otherwise specified herein), bills, invoices or reports required by this Contract shall be sufficient if sent by the parties in the United States mail, postage paid to the address noted below: If to the City: If to the Contractor: With a copy to: Kim Mote, Assistant Director Solid Waste Services Division Code Compliance Department City of Fort Worth 4100 Columbus Trail Fort Worth, Texas 76133 Allied Waste Services of Fort Worth, LLC 6100 Eilliot Reeder Road Fort Worth, Texas 76117 Attention: General Manager Republic Seivices, Inc. 18500 N. Allied Way Phoenix Arizona 85054 Attention: Deputy General Counsel, West Region 30. NO THIRD PARTY BENEFICIARY This Contract does not create, and shall not be construed as creating, any right enforceable by any person not a party to this Contract. 31. CHOICE OF LAW; VENUE This Contract shall be construed in accordance with the internal law of the State of Texas. Should any action, whether real or asserted, at law or in equity, arise out of the terms of this Conti act venue for said action shall be in Tarrant County, Texas. 32. SAVINGS CLAUSE In case any one or more of the provisions contained in this Contract shall for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or 19 Contract for Garbage and Recyclables Collection from City Facilitiesexecutioncopy unenforceabilrty shall not affect any other provision of this Contract; this Contract shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 33. ENTIRE AGREEMENT This Contract supersedes any and all other agreements, either oral or written, between the parties hereto with respect to the subject matter hereof and contains all of the covenants and agreements between the parties with respect thereto. If there is a conflict between the teims of the Request for Proposals No. 12-0207 and the teims of this Contract, the terms of the Contract shall prevail. 34. NON -APPROPRIATION In the event that no funds or insufficient funds are collected, appropriated and budgeted for payment of amounts due hereunder by City to Contractor City shall notify Contractor and this Contract shall terminate on the last Day of the fiscal period for which appropriations were made without penalty or expense to City of any kind whatsoever, except as to the payment of amounts due and payable for which appropriations have been made for said fiscal period. City covenants that it will provide Contractor as much notice as possible of this contingency. Provided, however, that this Section 38 is not intended to grant to the City an independent ground for termination of this Contract separate and apart from any grounds for termination for non -appropriation or non -availability of funds which would be provided to City by reason of Tex. Const. Ann. Art. 11, Sec. 5 and 7. [Signatures on following page] 20 Contract for Garbage and Recyclables Collection from City Facilitiesexecutioncopy EXECUTED to be effective from and after the CITY OF FORT WORTH, TEXAS Daniels Assistant City Manager Date Signed: . /3.12. ATTEST: )0 00 ital �+o re o Oo Oet *r°0 tt lif titt" APPROVED AS TO FORM aatneo0- CORPORATE SEAL: AND LEGALITY: day of ALLIED WASTE SERVICE OF FORT WORTH, LLC ITS: Date Signed: C'k Christa it. Lopez -Reynolds Sr. Assistant City Attorney .cr ,000000 4 o4 o 000:SMA °0:031 o 0 4t1 21 Contract for Garbage and Recyclables Collection from City Facilitiesexecutioncopy 2012. OFFICIAL RECORD CITY SECRETARY ET. WORTH, TX EXHIBIT A REQUEST FOR PROPOSAL 12-0207 22 Contract for Garbage and Recyclables Collection from City Facilitiesexecutioncopy EXHIBIT A PURCHASING DIVISION REQUEST FOR PROPOSALS (RFP) for REGULAR GARBAGE CONTAINER, WASTE DISPOSAL AND RECYCLING SERVICES FOR CITY FACILITIES RFP NO. 12-0207 Issued: May 16, 2012 PROPOSAL SUBMISSION DEADLINE: *******June 14, 2012 by 1:30PM Local Time ******* NO LATE PROPOSALS WILL BE ACCEPTED RESPONSES SHALL BE DELIVERED TO: CITY OF FORT WORTH PURCHASING DIVISION LOWER LEVEL 1000 THROCKMORTON STREET FORT WORTH TEXAS 76102 Pre -Proposal Conference will be held: May 23, 2012, 3:OOP.M. at The City of Fort Worth, Solid Waste Services Division, 4100 Columbus Trail, Fort Worth, Texas 76133 SIC.*.***.t.*rk*************ik.7GikiY..Y.X..t.*k.*.iG**iY..^fc#.**.IG******* FOR ADDITIONAL INFORMATION REGARDING THIS RFP PLEASE CONTACT: Marilyn Jackson, Purchasing Supervisor -Contracts Marilyn.Jackson@fortworthtexas.org *********************************************** RETURN THIS COVER SHEET WITH RESPONSE TO: Marilyn Jackson Contracts Supervisor Purchasing Division Financial Management Services Department Acknowledgment of Addenda. #1 #2 RESPONSES SHALL BE MAILED TO: CITY OF FORT WORTH PURCHASING DIVISION LOWER LEVEL 1000 THROCKMORTON STREET FORT WORTH, TEXAS 76102 NAME AND ADDRESS OF COMPANY SUBMITTING PROPOSAL: Contact Person: Title: Phone: ( ) Email: Signature: Printed Name. #3 #4 #5 Fax: ( ) Request for Proposals The City of Fort Worth invites your firm to participate in this Request for Proposals (RFP) for work to be performed consisting of furnishing equipment, materials, labor, and personnel for Garbage container provision, garbage removal and recycling services for City's departments from some City facilities as called for and directed by the City. 1.0 SUBMISSION OF PROPOSALS 1.1 One (1) original, one (1) copies, and seven (7) CD or flash drive of all Proposal documents shall be submitted in sealed packages. Proposer s name and address should be marked on the outside of the envelope. Facsimile transmittals or offers communicated by telephone will not be accepted or considered. Proposal information that is not submitted in sealed packages will not be considered. 1 2 Mail or Deliver Responses to the Following Address: City of Fort Worth Purchasing Division 1000 Throckmorton Street, Lower Level Fort Worth, Texas 76102 2.0 DELIVERY OF PROPOSALS Proposals must be received in the City of Fort Worth's Purchasing Division no later than 1:30 p.m., June 14 2012. The submitting Proposer is responsible for the means of deliver ing the proposals to the location listed in paragraph 1.2 on time. Delays due to any instrumentality used to transmit the Proposals including delay occasioned by the Proposer or the City of Fort Worth's internal mailing system will be the responsibility of the Proposer. Proposals must be completed and delivered in sufficient time to avoid disqualification for lateness due to difficulties in delivery. The time and date stamp clock in City of Fort Worth (City) Purchasing Division is the official clock for determining whether submittals are submitted timely. Late Proposal documents will not be accepted under any circumstances 3.0 PROPRIETARY INFORMATION 3.1 If a Proposer does not desire proprietary information in the Proposal to be disclosed, it is required to identify all proprietary information in the Proposal. This identification will be done by individually marking each page with the woids 'Proprietary Information" on which such proprietary information is found. If the Proposer fails to identify proprietary information it agrees that by submission of its Proposal that those sections shall be deemed non-proprietary and made available upon public request. 3.2 Proposer s are advised that the City, to the extent permitted by law, will protect the confidentiality of their Proposals. Proposer shall consider the implications of the Texas Public Information Act particularly after the RFP process has ceased and the Contract has been awarded. While there are provisions in the Texas Public Information Act to protect proprietary information, where the Proposer can meet certain evidentiary standards, please be advised that a determination on whether those standards have been met will not be decided by the City of Fort Worth, but by the Office of the Attorney General of the State of Texas. In the event a request for public information is made, the RFP No. 12-0207, Regular Garbage Container, Waste Disposal and Recycling Services for City Facilities, Page 2 of 23 City will notify the Proposer, who may then request an opinion from the Attorney General pursuant to 552.305, Texas Government Code. The City will not make a request of the Attorney General. 4.0 COMPLETION OF RESPONSES 4.1 Information presented in the Proposals will be used to evaluate the professional qualifications of the Propose' (s) and to determine the Proposer(s) which will be selected to provide professional services to the City. 4.2 Responses shall be completed in accordance with the requirements of this RFP. Statements made by a Proposer shall be without ambiguity, and with adequate elaboration, where necessary, for clear understanding. 4.3 Proposals shall be limited to a maximum of twenty (20) 8-1/2" X 11 ' pages (one side only and including cover letter) using a font size no smaller than 11 point and one inch margins 5.0 CLARIFICATIONS AND ISSUANCE OF ADDENDA 5.1 Any explanation, clarification, or interpretation desired by a Proposer regarding any part of this RFP must be requested from Marilyn Jackson, Contracts Supervisor, at least fifteen (15) days prior to the published submission deadline, as referenced in Section 2.0 of this RFP. 5.2 If the City, in its sole discretion, determines that a clarification is required, such clarification shall be issued in writing. Interpretations, corrections or changes to the RFP made in any other manner other than writing are not binding upon the City and Proposers shall not rely upon such interpretations, corrections or changes. Oral explanations or instructions given before the award of the Contract are not binding 5.3 Requests for explanations or clarifications may be faxed to the City of Fort Worth at (817) 392-8440 or emailed to marilvn.iackson@fortworthtexas.aov. Emails and Faxes must clearly identify the RFP Number and Title 5.4 Any interpretations, corrections or changes to this RFP will be made by addendum. Sole issuing authority of addenda shall be vested in the City of Fort Worth Purchasing Division. Proposers shall acknowledge receipt of all addenda within the responses. 6.0 WITHDRAWAL OF PROPOSALS A representative of the company may withdraw a Proposal at any time prior to the RFP submission deadline upon presentation of acceptable identification as a representative of such company 7.0 AWARD OF CONTRACT 7.1 It is understood that the City reserves the right to accept or reject any and all Proposals and to re -solicit for Proposals, as it shall deem to be in the best interests of the City of Fort Worth. Receipt and consideration of any Proposals shall under no circumstances obligate the City of Fort Worth to accept any Proposals. If an award of contract is made, RFP No. 12-0207, Regular Garbage Container, Waste Disposal and Recycling Services for City Facilities, Page 3 of 23 it shall be made to the responsible Proposer whose Proposal is determined to be the best evaluated offer taking into consideration the relative importance of the evaluation factors set forth in the RFP. 7 2 The City reserves the right to award a single contract or multiple contracts by section listed in the Scope of Work 7.3 Tentative Schedule of Events RFP Release Date Pre -Proposal Conference Deadline for Questions Proposals Due Date Contractor Selection Contract Negotiations City Council Approval Notice to Proceed (anticipated) 8.0 PERIOD OF ACCEPTANCE May 16, 2012 May 23, 2012 May 31, 2012, 5:00 PM (Local Time) June 14, 2012 by 1 30 PM (Local Time) June 15, 2012 through June 29, 2012 June 29, 2012 through July 13, 2012 July 17, 2012 July 18, 2012 Proposer acknowledges that by submitting the Proposal Proposer makes an offer that, if accepted in whole or part by the City, constitutes a valid and binding contract as to any and all items accepted in writing by the City. The period of acceptance of proposals is one hundred and eighty (180) calendar days from the date of opening, unless the Proposer notes a different period. 9.0 TAX EXEMPTION The City of Fort Worth is exempt from Federal Excise and State Sale Tax; therefore, tax must not be included in any contract that may be awarded from this RFP. 10.0 COST INCURRED IN RESPONDING All costs directly or indirectly related to preparation of a response to the RFP or any oral presentation required to supplement and/or clarify a Proposals which may be required by the City shall be the sole responsibility of and shall be borne by the participating Proposers. 11.0 NEGOTIATIONS The City reserves the right to negotiate all elements that comprise the successful Proposer response to ensure that the best possible consideration be afforded to all concerned. 12.0 CONTRACT INCORPORATION The contract documents shall include the RFP, the Response to the RFP, the City's Services Agreement (Attachment B to this RFP) and such other terms and conditions as the parties may agree. 13.0 NON -ENDORSEMENT If a Proposal is accepted, the successful Proposer, hereinafter "Contractor ," shall not issue any news releases or other statements pertaining to the award or servicing of the agreement that state or imply the City of Fort Worth s endorsement of the successful Proposer's services. RFP No. 12-0207, Regular Garbage Container, Waste Disposal and Recycling Services for City Facilities, Page 4 of 23 14.0 UNAUTHORIZED COMMUNICATIONS After release of this solicitation, Proposers' contact regarding this RFP with members of the RFP evaluation, interview or selection panels, employees of the City or officials of the City other than the Purchasing Manager, the Minority and Women Business Enterprise (M/WBE) Office, or as otherwise indicated is prohibited and may result in disqualification from this pi ocurement process. No officer, employee, agent or representative of the Proposers shall have any contact or discussion, verbal or written, with any members of the City Council members of the RFP evaluation, interview, or selection panels, City staff or City s consultants, or directly or indirectly through others, seek to influence any City Council member, City staff, or City's consultants regarding any matters pertaining to this solicitation, except as herein provided. If a representative of any Proposers violates the foregoing piohibition by contacting any of the above listed parties with whom contact is not authorized, such contact may result in the Proposers being disqualified from the procurement process. Any oral communications are considered unofficial and non- binding with regard to this RFP. 15.0 PROPOSAL EVALUATION PROCESS 15.1 An evaluation committee will evaluate the responses to this Request for Proposals, may interview one or more firms, and may recommend one of more firms to the City Manager. Selection of a firm may be made without discussion with Proposeis after proposals are received. Proposals should, therefore be submitted on the most favorable terms. 15.2 The City's evaluation panel will review all responsive submittals and select the best evaluated proposals for further interview. 15.3 The City anticipates selecting Proposer(s) that will be recommended to the City Council for award of a contract to provide the requested professional services to the City of Fort Worth. 15.4 The City reserves the right to reject any or all proposals. 16.0 PROPOSAL EVALUATION FACTORS 16.1 Diversion Potential (recycling/compost/other non -landfill) 25 points available 16.2 Qualifications & References 15 points available 16.3 Business Plan and Technical Proposal 10 points available 16.4 Financial Stability and Ability to Obtain Insurance and Bonding 10 points available 16.5 MWBE Participation 10 points available 16.6 Cost 30 points available RFP No. 12-0207, Regular Garbage Container, Waste Disposal and Recycling Services for City Facilities, Page 5 of 23 17.0 GENERAL PROVISIONS The Contractor may not assign its rights or duties under an award without the prior written consent of the City of Fort Worth. Such consent shall not relieve the assignor of liability in the event of default by its assignee. 18.0 ERRORS OR OMISSIONS The Proposer will not be allowed to take advantage of any errors or omissions in this RFP. Where errors or omissions appear in this RFP, the Proposers shall promptly notify the City of Fort Worth Purchasing Division in writing of such error or omission it discovers. Any significant errors, omissions or inconsistencies in this RFP are to be reported no later than ten (10) days before time for the RFP response is to be submitted. 19.0 TERMINATION 19.1 If this award results in a contract, it shall remain in effect until contract expires, delivery and acceptance of products and/or performance of services ordered or terminated by the City with a thirty (30) day written notice prior to cancellation. In the event of termination, the City of Fort Worth reserves the right to award a contract to next lowest and best Proposer as it deems to be in the best interest of the City of Fort Worth 19.2 Further, the City of Fort Worth may cancel this contract without expense to the City in the event that funds have not been appropriated for expenditures under this contract. The City of Fort Worth will return any delivered but unpaid goods in normal condition to the Contractor. 20.0 TERMINATION, REMEDIES, AND CANCELLATION Right to Assurance. Whenever the City has reason to question the Contractor's intent to perform, the City may demand that the Contractor(s) give written assurance of Contractor's intent to perform. In the event a demand is made, and no assurance is given within ten (10) calendar days, the City may treat this failure as an anticipatory repudiation of the contract 21.0 CHANGE ORDERS No oral statement of any person shall modify or otherwise change or affect the terms, conditions or specifications stated in the resulting contract. All change orders to the contract will be made in writing by the City of Fort Worth's Financial Management Services Department and approved by City Council. 22.0 VENUE The agreement(s) will be governed and construed according to the laws of the State of Texas. The agreement(s) is (are) performable in Tarrant County, Texas Venue shall lie exclusively in Tarrant County, Texas. 23.0 CONFLICT OF INTEREST No public official shall have interest in this contract, in accordance with Vernon's Texas Codes Annotated, Local Government Code Title 5, Subtitled C., Chapter 171. RFP No. 12-0207, Regular Garbage Container, Waste Disposal and Recycling Services for City Facilities, Page 6 of 23 24.0 INSURANCE The Contractor shall carry insurance in the types and amounts for the duration of this agreement as listed in the Services Agreement, Attachment B to this RFP, and furnish certificates of insurance along with copies of policy declaration pages and policy endorsements as evidence thereof. 25.0 CONTRACT CONSTRAINTS AND CONDITIONS 25.1 All services shall be provided in accordance with applicable requirements and ordinances of the City of Fort Worth, laws of the State of Texas and applicable federal laws. 25 2 The Contract(s) awarded from this RFP shall be executed for a three (3) year initial term with two (2) one-year options to renew at the City's sole discretion. 26.0 INVOLVEMENT OF MINORITY AND WOMEN BUSINESS ENTERPRISES (M/WBE) 26.1 It is the City's policy to involve Minority and Women Business Enterprises (M/WBE's) in its procurement of professional services. The City's goal on this project is ten percent (10%) of the dollar volume of the contract for M/WBE participation. Indicate how the firm intends to meet the goal of 10% by listing the name(s) of the certified or certifiable M/WBE firms to be involved, their scope of work and the estimated dollar amount of each firm. These firms must be certified by the City before a recommendation for award being made to the City Council. The City of Fort Worth utilizes the North Central Texas Regional Certification Agency (NCTRCA) as its certifying entity and also accepts certification from the Texas Department of Transportation, highway division. 26 2 If unable to meet the goal, the response must include a detailed explanation of their 'Good and Honest Efforts" to have done so The City will not execute services contracts in excess of a $25,000 fee without the goal being met or a good and honest effort. 26.3 M/WBE participation is part of the selection criteria. 27.0 COOPERATIVE PURCHASING 27.1 Should other governmental entities decide to participate in this contract, Proposers, shall indicate in their proposals whether they agree that all terms, conditions, specification, and pricing would apply. 27.2 If the successful Proposer agrees to extend the resulting contract to other governmental entities, the following will apply: Governmental entities within utilizing Contracts with the City of Fort Worth will be eligible, but not obligated, to purchase material/services under this contract(s) awarded as a result of this solicitation. All purchases by governmental entities other than the City of Fort Worth will be billed directly to that governmental entity and paid by that governmental entity. The City of Fort Worth will not be responsible for another governmental entity's debts. Each governmental entity will order its own material/services as needed 28.0 PAYMENT All payment terms shall be "Net 30 Days" unless otherwise specified in a proposal. RFP No. 12-0207, Regular Garbage Container, Waste Disposal and Recycling Services for City Facilities, Page 7 of 23 28.1 Successful proposers are encouraged to register for direct deposit payments prior to providing goods and/or services using the foims posted on the City website at littn://www.fortworthtexas.gov/finance. GARBAGE AND RECYCLING CONTAINER SERVICE FOR CITY FACILITIES FOR THE CITY OF FORT WORTH 29.0 SCOPE OF SERVICES The work to be performed consists of furnishing equipment, materials, labor, and personnel for container provision refuse and garbage removal and disposal and single stream recycling removal and processing services for City of Fort Worth departments as called for and directed by the City Proposers must provide pricing for both garbage and recycling services. Included in Sections 36.0 through 39.0 are detailed specifications for Village Creek Treatment Plant after Contractor Responsibilities in this section. Preference will be given to proposers providing optional compost pricing 30.0 INTENT The intent of these specifications is to describe the minimum requirements of a three year initial term agreement for the provisions of garbage and recycling container services for City departments by the City of Fort Worth. 31.0 NOTIFICATION The successful proposer, hereinafter called "Contractor', shall respond by furnishing such equipment, materials, labor and personnel to jobsites as requested by authorized City of Fort Worth employees. The Contractor shall provide a list of names and telephone /pager numbers to the Code Compliance Department/Solid Waste Services Division of the persons to be notified of a request for service. 32.0 EOUIPMENT 32.1 The types of containers to be provided and serviced include Contractor provided roll carts, front — load dumpsters ranging in size from two (2) cubic yards (CY) to ten (10) CY and open top roll off containers of 30 CY and 40 CY capacity. 32.2 All containers supplied under the agreement resulting from this RFP shall be clearly marked, indicating garbage or recycling and recycling containers shall have items accepted noted on container. 32.3 All roll carts supplied under the agreement resulting from this RFP shall be clean, deodorized, in good working condition and suitable for their intended purpose All dumpsters and loll off containers supplied under the agreement resulting from this RFP shall be clean, deodorized, in good working condition, and suitable for their intended purpose; 32.4 All dumpsters and roll off containers supplied under the agreement resulting from this RFP shall receive deodorizing treatment weekly or by pull by the Contractor as a part of the monthly or pull charge. 32.5 A list of City facilities covered by this agreement is included in Attachment C to these requirements Other City facilities not listed may request service under this agreement. Questions RFP No. 12-0207, Regular Garbage Container, Waste Disposal and Recycling Services for City Facilities, Page 8 of 23 regarding authorized City facilities shall be submitted to the Code Compliance Department/Solid Waste Services Division. 33.0 SERVICES 33.1 Garbage and recycling container service shall include cleaning, delivering, deodorizing, dumping, placing, providing, and renting containers as required by authorized City Employees. 33.2 All garbage collected under the agreement resulting from this RFP shall be removed and disposed of at a properly permitted landfill. 33.3 All recycling collected under the agreement resulting from this RFP shall be removed and delivered to a materials recycling facility approved in advance by the City of Fort Worth. 33.4 Proposers shall list delivery charges in their proposal. If no delivery charge is intended, proposers must specify with a zero ($0) dollar amount in their Proposal. 33.5 Proposers shall list rental charges in their bid. If no rental charge is intended, proposers must specify with a zero ($0) dollar amount in their proposal. 33.6 Bidders shall also offer pricing to deodorize, dump, and re -place in the proper location, City — owned 30 cy and 35 cy self-contained trash compactor roll -off containers where requested in this Proposal. 33.7 Service schedules and container specifications included herein, Attachment C, are for the sole purpose of establishing a bid basis based on previous usage; recycling collection requirements are unknown and bids should be based on collectors' market knowledge. The City Division requesting service shall provide the exact schedule frequency, and coordination of Divisions service to include the names of authorized City Employees that can make changes to the Department's service plan. 33.8 Single stream recycling shall include the following: Metal and aluminum cans, mixed office paper cardboard and plastic containers. This is a minimal item list; additional items may be added by mutual agreement by the Contractor and the City. 33.9 Any change to an established schedule must be accomplished upon a 24-hour notification to the Contractor. 34.0 REPAIRS 34.1 The Contractor shall perform all work necessary to ensure the aesthetic appearance, proper function and operation of equipment provided by the Contractor. All repairs retrofits and replacements must be performed to meet all applicable code, laws, and regulations. 34.2 The Contractor shall paint over or replace dumpsters that have been marked with graffiti or other signs within 72 hours of the receipt of notice of such marking. RFP No. 12-0207, Regular Garbage Container, Waste Disposal and Recycling Services for City Facilities, Page 9 of 23 35.0 HOURS OF SERVICE Unless prior arrangements are made with authorized City Employees at the collection location, regular hours of service shall be from 8.00 A.M. to 5:00 P.M., Monday through Fridays. 36.0 CONTRACTOR RESPONSIBILITIES 36.1 Supervision — The Contractor shall, during all periods of contract performance, provide competent supervision of his employee to assure complete and satisfactory fulfillment of the work and the terms of this Contract. The Contractor or capable, fully authorized representative must be immediately available during all work activities to receive any and all special instructions from the City of Fort Worth designee. 36.2 Safety - The Contractor must be thoroughly familiar with all prevailing safety measures pertinent to its operations. This shall include, but not necessarily be limited to Environmental Protection Agency (EPA) regulations Occupational Safety and Health Agency (OSHA) regulations, Fort Worth City Ordinances, Texas Commission on Environmental Quality (TCEQ) regulations and Texas Department of Transportation Regulations. In addition, the contractor shall be wholly responsible for instructing its employees in these safety measures and seeing that they are fully complied with in every respect. 36.3 Hazards - The Contractor shall at no time permit placing or use of equipment in such manner as to block traffic lanes or to create safety hazards. Contractor personnel shall provide appropriate warning devices when necessary and cooperate in the fullest in allowing through passage of other vehicles and personnel, even to the point of interrupting their own work if necessary. 36.4 Defective Work and Damages — The Contractor shall be wholly responsible for and shall promptly correct or restore all defective work or damages to any/all City facilities caused by its activities. Restoration and correction shall be to the complete satisfaction of the City. This shall apply to any part of a building, its appurtenances and the adjacent grounds or to any solid waste container, beyond normal wear and tear, or any other tangible damage incurred in the performance of the Contract. Failure by the Contractor to proceed promptly with amount(s) necessary to correct defective work and/or damage is subject to being withheld from payments due or to become due to the Contractor 37.0 VILLAGE CREEK WASTEWATER TREATMENT FACILITY The following specifications relate specifically to the provision of waste collection, disposal and recycling services at Village Creek Wastewater Treatment Plant located at 4500 Wilma Lane. 38.0 SERVICES TO BE PROVIDED 38.1 Pick up, haul and properly dispose of 9- 20 CY roll -off container(s); requesting alternate bid for 20 yard containers with water proof covers for transport (see picture of sample container at bottom of this section). These containers will be primarily used for Screenings at the Headwork's Facility and Bar Screen #3 and for periodic trash and grit and the Drying Bed area Headwork s and Bar Screen # 3 container(s) shall be pulled on a weekly schedule (M-W-F) or on a will call basis, due to the variability of loading time The Drying Bed area container shall be placed and pulled on a will -call basis due to the variability of loading time. RFP No. 12-0207, Regular Garbage Container Waste Disposal and Recycling Services for City Facilities, Page 10 of 23 38 2 The Contractor must respond within 24 hours to all "will call" request; pulls from 12:OOam to 12:OOpm, must receive top priority. 38.3 Present Requirements: Nine (9) containers. 38.4 Pick-up, haul and properly dispose of 7- 8 CY dumpster container(s), lid top openings, with sliding doors on each side. Containers shall be pulled on as ` will call" basis, due to the variability of loading time. (Normal operation will fill approximately 2-3 containers per week) These containers will primarily be used for Gaibage. 38.5 Present Requirements: Seven (7) containers 38.6 Pick up haul and properly dispose of 1- 30 CY "open -top" roll off container(s). Container(s) shall be pulled on a ` will -call" basis, due to the variability of loading time. (Normal operation will fill approximately 1 container per month). The container will primarily be used for trash. 38.7 Present Requirements: one (1) container. 39.0 OTHER REOUIREMENTS 39.1 Landfill Costs: Proposals shall include all Landfill "tipping" fees and cost. 39.2 Monthly Rental Cost: Since the containers are to be serviced on a scheduled basis, monthly rental cost shall be incorporated in a price per pull. 39.3 Proposed prices will include all associated cost of delivery for waste disposal services. The City of Fort Worth will not pay any shipping, off-loading, or handling charges. 39.4 Availability: Contractors must provide service six (6) days per week. 39.5 Regulatory Requirements: All items must be transported and disposed of in a manner that will not infringe on general health and environmental standards as established by Federal and State and City Regulations. 39.6 Manifest Forms: Contractor will provide any and all manifest forms as required. All manifest forms will be completely filled out by the contractor. 39.7 Scheduling: 39.7.1 Driver to check in with Plant personnel (at the Service Station phone 817-392-4995) each day, when arriving and leaving the Plant site. 39.7.2 Contractor must log and classify type of material for each load, and a copy of the manifest form will be left at the Plant (Service Station) each day, prior to leaving the Plant, for accounting and scheduling purposes. 39.8 Maintenance: Contractor must be responsible foi maintaining all containers in an acceptable/operational condition at all times for the City. 39.9 Hours of Operation/Service Availability- The contractor will have access to the containers twenty-four hours a day. RFP No. 12-0207, Regular Garbage Container Waste Disposal and Recycling Services for City Facilities, Page 11 of 23 39.10 Holidays: Exceptions for holidays may be arranged with Village Creek Representatives, prior to the Holiday. 40.0 MODIFICATION TO CONTAINERS Contractor shall modify the nine (9) twenty (20) cubic yard "open top" containers, to be used at the Headworks facility and Bar Screen #3, by mounting/attaching a welded "hook" device at the front and back of each of the twenty (20) cubic yard containers, to allow for the hook-up of a cable and winch to pull the containers backwards under the conveyors at the Bar Screen facilities to allow for the containers to evenly" fill. 41.0 ESTIMATED SERVICE LEVELS 41.1 The "screenings" portion of the bid sheet at the Headworks Facility estimate is 156 pulls per year. 41.2 The "screenings" portion of the bid sheet at Bar Screen #3 estimate is 208 pulls per year 41 2 The "refuse and garbage duinpster" portion of the bid sheet of the 8 CY containers estimate is 208 pulls per year. RFP No. 12-0207, Regular Garbage Container Waste Disposal and Recycling Services for City Facilities, Page 12 of 23 Sample 20 yard containers with water proof covers for transport RFP No. 12-0207, Regular Garbage Container Waste Disposal and Recycling Services for City Facilities, Page 13 of 23 CONFLICT OF INTEREST DISCLOSURE REQUIREMENT Pursuant to Chapter 176 of the Local Government Code, any person or agent of a person who contracts or seeks to contract foi the sale or purchase of property, goods, or services with a local governmental entity (i.e. The City of Fort Worth) must disclose in the Questionnaire Form CIQ ("Questionnaire") the person's affiliation or business relationship that might cause a conflict of interest with the local governmental entity Bylaw, the Questionnaire must be filed with the Fort Worth City Secretary no later than seven days after the date the person begins contract discussions or negotiations with the City, or submits an application or response to a request for proposals or bids, correspondence, or another writing related to a potential agreement with the City. Updated Questionnaires must be filed in conformance with Chapter 176. A copy of the Questionnaire Form CIQ is enclosed with the submittal documents. The form is also available at http //www ethics.state.tx.us/forms/CIO pdf. If you have any questions about compliance, please consult your own legal counsel. Compliance is the individual responsibility of each person or agent of a person who is subject to the filing requirement. An offense under Chapter 176 is a Class C misdemeanor. RFP No. 12-0207, Regular Garbage Container Waste Disposal and Recycling Services for City Facilities, Page 14 of 23 ATTACHMENT A CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity OFFICE USE ONLY This questionnaire is being tiled in accordance with chapter 176 of the Local Date Received Govei nment Code by a person doing business with the govet mental entity. By law this questionnaire must be filed with the records administrator of the local government not later than the 7th business day alter the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. 1. Name of person doing business with local governmental entity. 2. Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate tiling authority not later than September I of the yea' for which an activity described in Section 1''6.006(a), Local Government Code, is pending and not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3. Describe each affiliation or business relationship with an employee or contractor of the local governmental entity who makes recommendations to a Local government officer of the local governmental entity with respect to expenditure of money. 4. Describe each affiliation or business relationship with a person who is a Local government officer and who appoints or employs a local government officer of the local governmental entity that is the subject of this questionnaire. RFP No. 12-0207, Regular Garbage Container Waste Disposal and Recycling Services for City Facilities, Page 15 of 23 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity Page 2 5. Name of local government officer with whom filer has affiliation or business relationship. (Complete this section only if the answer to A, 13, or C is YES.) This section. item 5 including subparts A, B, C & D, must be completed for each officer with whom the filer has affiliation or business relationship. Attach additional pages to this Form C IQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income from the filer of the questionnaire? ■ Yes IJ No B. Is the filer of the questionnaire receiving or likely to receive taxable income from of at the direction of the local government officer named in this section AND the taxable income is not from the local governmental entity? Yes LJ No C. Is the filer of this questionnaire affiliated with a corporation or other business entity that the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? Yes LJ No D. Describe each affiliation or business relationship. 6. Describe any other affiliation or business relationship that might cause a conflict of interest. 7. Signature of person doing business with the governmental entity Date RFP No. 12-0207, Regular Garbage Container Waste Disposal and Recycling Services for City Facilities, Page 16 of 23 ATTACHMENT B SERVICES AGREEMENT This SERVICES AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH (the `City"), a home rule municipal corporation situated in portions of Tarrant Denton and Wise Counties, Texas, acting by and through Charles W. Daniels, its duly authorized Assistant City Manager, and [INSERT FULL LEGAL NAME OF VENDOR]"), a [enter state] [enter type of entity] and acting by and through [insert name of authorized signatory], its duly authorized president and CEO. 1. SCOPE OF SERVICES. Contractor hereby agrees to provide the City with services for the purpose of [insert purpose of agreement]. Attached hereto and incorporated for all purposes incident to this Agreement is Exhibit "A," State vent of Work, more specifically describing the services to be provided hereunder. 2. TERM. This Agreement shall commence upon ("Effective Date") and shall expire on unless terminated earlier in accordance with the provisions of this Agreement. [Insert any available options] 3. COMPENSATION. The City shall pay Contractor an amount not to exceed [$insert amount] in accordance with the provisions of this Agreement and the Payment Schedule attached as Exhibit "B " which is incorporated for all purposes herein. Contractor shall not perform any additional services for the City not specified by this Agreement unless the City requests and approves in writing the additional costs for such services. The City shall not be liable for any additional expenses of Contractor not specified by this Agreement unless the City first approves such expenses in writing. 4. TERMINATION. 4.1. Written Notice. The City or Contractor may terminate this Agreement at any time and for any reason by providing the other party with 30 days written notice of termination. 4.2 Non-aoorooriation of Funds In the event no funds or insufficient funds are appropriated by the City in any fiscal period for any payments due hereunder, City will notify Contractor of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to the City of any kind whatsoever except as to the portions of the payments herein agreed upon for which funds shall have been appropriated. 4.3 Duties and Obligations of the Parties. RFP No. 12-0207, Regular Garbage Container Waste Disposal and Recycling Services for City Facilities, Page 17 of 23 In the event that this Agreement is terminated prior to the Expiration Date, the City shall pay Contractor for services actually rendered up to the effective date of termination and Contractor shall continue to provide the City with services requested by the City and in accordance with this Agreement up to the effective date of termination. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION. Contractor hereby warrants to the City that Contractor has made full disclosure in writing of any existing or potential conflicts of interest related to Contractor s services under this Agreement In the event that any conflicts of interest arise after the Effective Date of this Agreement, Contractor hereby agrees immediately to make full disclosure to the City in writing Contractor, for itself and its officers, agents and employees, further agrees that it shall treat all information provided to it by the City as confidential and shall not disclose any such information to a third party without the prior written approval of the City. Contractor shall store and maintain City Information in a secure manner and shall not allow unauthorized users to access modify, delete or otherwise con upt City Information in any way Contractor shall notify the City immediately if the security or integrity of any City information has been compromised or is believed to have been compromised. 6. RIGHT TO AUDIT. Contractor agrees that the City shall, until the expiration of three (3) years after final payment of invoices relating to this contract have access to and the right to examine at reasonable times any directly pertinent books, documents papers and records of the Contractor involving transactions relating to this Contract at no additional cost to the City. Contractor agrees that the City shall have access during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The City shall give Contractor reasonable advance notice of intended audits. Contractor further agrees to include in all its subcontractor agreements hereunder a piovision to the effect that the subcontractor agrees that the City shall, until expiration of three (3) years after final payment of the subcontract, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records of such subcontractor involving transactions related to the subcontract, and further that City shall have access during normal working hours to all subcontractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this paragraph. City shall give subcontractor reasonable notice of intended audits 7. INDEPENDENT CONTRACTOR. It is expressly understood and agreed that Contractor shall operate as an independent contractor as to all rights and privileges granted herein and not as agent representative or employee of the City. Subject to and in accordance with the conditions and provisions of this Agreement Contractor shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its officers, agents, servants, employees contractors and subcontractors. Contractor acknowledges that the doctrine of respondeat super for shall not apply as between the City, its officers, agents, servants and employees and Contractor, its officers, agents, employees, servants, contractors and subcontractors. Conti actor further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Contractor 8. LIABILITY AND INDEMNIFICATION. RFP No. 12-0207, Regular Garbage Container Waste Disposal and Recycling Services for City Facilities, Page 18 of 23 CONTRACTOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. CONTRACTOR COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONTRACTOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. 9. ASSIGNMENT AND SUBCONTRACTING. Contractor shall not assign or subcontract any of its duties, obligations or rights under this Agreement without the prior written consent of the City. If the City grants consent to an assignment, the assignee shall execute a written agreement with the City and the Contractor under which the assignee agrees to be bound by the duties and obligations of Contractor under this Agreement. The Contractor and Assignee shall be jointly liable for all obligations under this Agreement prior to the assignment. If the City grants consent to a subcontract, the subcontractor shall execute a written agreement with the Contractor referencing this Agreement under which the subcontractor shall agree to be bound by the duties and obligations of the Contractor under this Agreement as such duties and obligations may apply. The Contractor shall provide the City with a fully executed copy of any such subcontract. 10. INSURANCE. Contractor shall provide the City with certificate(s) of insurance documenting policies of the following minimum coverage limits that are to be in effect prior to commencement of any work pursuant to this Agreement: 10.1 Coverage and Limits (a) Commeicial General Liability $2,000,000 Each Occurrence $4,000,000 Aggregate (b) Automobile Liability $2,000,000 Each accident on a combined single limit basis Coverage shall be on any vehicle used by the Contractor, its employees, agents, representatives in the course of the pi oviding services under this Agreement. "Any vehicle" shall be any vehicle owned, hired and non -owned RFP No. 12-0207, Regular Garbage Container Waste Disposal and Recycling Services for City Facilities, Page 19 of 23 (c) Pollution Liability $2 000,000 Each Occurrence $4 000,000 Aggregate (d) Worker's Compensation Statutory limits Employer's liability $100,000 Each accident on a combined single limit basis $100,000 Disease - per each employee $500,000 Disease - policy limit This coverage may be written as follows: Workers' Compensation and Employers' Liability coverage with limits consistent with statutory benefits outlined in the Texas workers Compensation Act (Art. 8308 — 1 01 et seq. Tex. Rev. Civ. Stat) and minimum policy limits for Employers' Liability of $100,000 each accident/occurrence, $500,000 bodily injury disease policy limit and $100,000 per disease per employee 10.2 Certificates. Certificates of Insurance evidencing that the Contractor has obtained all required insurance shall be delivered to the City prior to Contractor proceeding with any work pursuant to this Agreement. All policies except Workers' Compensation shall be endorsed to name the City as an additional insured thereon, as its interests may appear. All policies shall contain a Waiver of Subrogation for the benefit of the City of Fort Worth. The term City shall include its employees officers, officials, agent, and volunteers in respect to the contracted services Any failure on the part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirement. A minimum of thirty (30) days notice of cancellation or reduction in limits of coverage shall be provided to the City. Ten (10) days notice shall be acceptable in the event of non-payment of premium. Such terms shall be endorsed onto Contractor's insurance policies. Notice shall be sent to the Risk Manager, City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102, with copies to the City Attorney at the same address. 11. COMPLIANCE WITH LAWS, ORDINANCES. RULES AND REGULATIONS. Contractor agrees to comply with all applicable federal, state and local laws, ordinances, rules and regulations. If the City notifies Contractor of any violation of such laws, ordinances, rules or regulations Contractor shall immediately desist from and correct the violation. 12. NON-DISCRIMINATION COVENANT. Contractor, for itself, its personal representatives, assigns, subcontractors and successors in interest, as part of the consideration herein, agrees that in the performance of Contractor's duties and RFP No. 12-0207, Regular Garbage Container Waste Disposal and Recycling Services for City Facilities, Page 20 of 23 obligations hereunder, it shall not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law. If any claim arises from an alleged violation of this non- discrimination covenant by Contractor, its personal representatives, assigns, subcontractors or successors in interest, Contractor agrees to assume such liability and to indemnify and defend the City and hold the City harmless from such claim. 13. NOTICES. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand -delivered to the other party, its agents employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3) received by the other party by United States Mail registered, 1 eturn receipt requested, addressed as follows: To The CITY: City of Fort Worth Attn: [insert department/contact] 1000 Throckmorton Fort Worth TX 76102-631 I Facsimile (817) 392-8654 14. SOLICITATION OF EMPLOYEES. To CONTRACTOR: Neither the City nor Contractor shall, during the term of this agreement and additionally for a period of one year after its termination, solicit for employment or employ, whether as employee or independent contractor, any person who is or has been employed by the other during the term of this agreement, without the prior written consent of the person's employer. 15. GOVERNMENTAL POWERS. It is understood and agreed that by execution of this Agreement, the City does not waive or surrender any of its governmental powers. 16. NO WAIVER. The failure of the City or Contractor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of the City's or Contractor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 17. GOVERNING LAW / VENUE. This Agreement shall be construed in accordance with the internal laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought on the basis of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 18. SEVERABILITY. RFP No. 12-0207, Regular Garbage Container Waste Disposal and Recycling Services for City Facilities, Page 21 of 23 If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 19. FORCE MAJEURE. The City and Contractor shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable foi any delay or omission in performance due to force majeure or other causes beyond their reasonable control (force majeure), including but not limited to, compliance with any government law, ordinance or regulation, acts of God, acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority, transportation problems and/or any other similar causes. 20. HEADINGS NOT CONTROLLING. Headings and titles used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 21. REVIEW OF COUNSEL. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or exhibits hereto. 22. AMENDMENTS / MODIFICATIONS / EXTENSIONS. No extension, modification or amendment of this Agreement shall be binding upon a party hereto unless such extension, modification, or amendment is set forth in a written instrument, which is executed by an authorized representative and delivered on behalf of such party. 23. ENTIRETY OF AGREEMENT. This Agreement, including the schedule of exhibits attached hereto and any documents incorporated herein by reference, contains the entire understanding and agreement between the City and Contractor, their assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. 24. SIGNATURE AUTHORITY. The person signing this agreement hereby warrants that he/she has the legal authority to execute this agreement on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. The other party is fully entitled to rely on this warranty and representation in entering into this Agreement. RFP No. 12-0207, Regular Garbage Container Waste Disposal and Recycling Services for City Facilities, Page 22 of 23 [SIGNATURE PAGE FOLLOWS] IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples this day of , 2012. CITY OF FORT WORTH* By: Charles W. Daniels Assistant City Manager Date: ATTEST: By: City Secretary APPROVED AS TO FORM AND LEGALITY: By: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: Date Approved: [NAME OF CONTRACTOR]: By: Name: Title: Date: ATTEST* By: RFP No. 12-0207, Regular Garbage Container Waste Disposal and Recycling Services for City Facilities, Page 23 of 23 EXHIBIT B CONTRACTOR'S RESPONSE TO THE RFP 23 Contract for Garbage and Recyclables Collection from City Facilitiesexecutioncopy RFP 12-0207 - REGULAR GARBAGE CONTAINER, WASTE DISPOSAL AND RECYCLING SERVICES FOR CITY FACILITIES Garbage Containers; Disposal Included Frequency: 96 gallon cart $ Additional 96 gallon cart $ 2 cy dumpster 3 cy dumpster 4 cy dumpster 6 cy dumpster 8 cy dumpster 20 cy open top roll off * 20 cy w/water proof cover 30 cy open top roll off * * 30 cy open top compost debris 35 cy compactor 40 cy open top roll off Recycle Containers Frequency: 90 -100 gallon cart 2 cy dumpster 3 cy dumpster 4 cy dumpster 6 cy dumpster 8 cy dumpster 30 cy open top roll off 30 cy closed recycle container Garbage Containers; No Disposal Expense Frequency: 20 cy open top roll off * 20 cy w/water proof cover 30 cy open top roll off * * 30 cy open top compost debris 35 cy compactor 40 cy open top roll off Additional Items Casters II-ock Bars 'City Hall Garbage Collect 5 x/wk 1 lx/wk 25.75 10.00 25.75 27.00 33.00 49.00 62.50 225.00 225.00 195.00 165.00 240.00 201.00 1x/wk 24.51 29.20 29 46 29.16 29.68 29.49 117.00 117.00 Per Pull 102.75 102.75 102.75 165.00 110.75 102.75 Price per Month 10.00 10.00 375.00 2 x/wk 51.50 54.00 66.00 98.00 125.00 450.00 450.00 390.00 330.00 480.00 402.00 2 x/wk 48.17 51.04 50.08 48.57 46.65 43.48 233 82 I $ 233.82 I $ 3x/wk 77.00 81.06 99.00 147.00 187.50 675.00 675.00 585.00 495.00 720.00 603.00 3x/wk 71.83 72.88 70.70 67.98 63.63 58.36 350.73 350.73 6 x/wk 154.50 162.00 198.00 294.00 375.00 1,350.00 1,350.00 1,170.00 990.00 1,440.00 1,206.00 6 x/wk 147.34 142.92 137.10 130.72 119.08 106.52 701.46 701.46 Rental $1.00/day 1175.00 /mo $1.00/day 1 $1.00/day $1.00/day Rental $1.00/day $1.00/day Rental Only Delivery Unscheduled Collection I$ I$ I$ +I+$ I$ 50.00 I $ 50.00 I$ 50.00 I $ 45.00 45.00 45.00 55.00 65.00 225.00 1 225.00 195.00 240.00 201.00 Unscheduled Rental Only Delivery Collection $ 45.00 $ 45.00 $ 45.00 $ - 45.00 $ 45.00 $ 45.00 $ 50.00 I $ 117.00 $ 50.00 I $ 117.00 * alternate bid for Village Creek 20 cy container * *If container is rejected by compost facility, City will be notified and disposal only will be charged to the haul rate of $165.00 At ED WMYA SERVICES June 14, 2012 Ms. Marilyn Jackson Purchasing Supervisor Contracts City of Fort Worth 1000 Throckmorton Fort Worth, Texas 76133 FIEP lBLlC SERVICES RE: REGULAR GARBAGE CONTAINER, WASTE DISPOSAL, AND RECYCLING SERVICES FOR CITY FACILITIES RFP 12-0207 DUE: JUNE 14, 2012 @ 1:30 P.M. Dear Ms. Jackson: Allied Waste Services / Republic Services wishes to thank the City of Fort Worth for the opportunity to submit a response to the RFP We are confident you will find the information satisfactory to qualify us for further consideration and discussion throughout the remaining Request for Proposal (RFP) process Allied Waste Services / Republic Services fully understands the requirements of the City based on our partnership since 2008 and is prepared to meet and exceed those obligations as outlined in the Request for Proposal (RFP). We believe our history and performance proves our claim to provide superior service, competitive rates and the assurance that we will be bound by the terms and conditions of a negotiated contract to move forward in providing superior service to the city facilities of the City of Fort Worth Based on the longevity of our partnership with the City we believe we have an understanding of the requirements of for your city facilities. Allied Waste Services / Republic Services is able to continue to provide the expertise and professionalism to not only successfully qualify as a proposer but also to follow through with delivering on the commitment to the City. We look forward to a negotiation meeting with you to discuss any aspect of our proposal to assure the City Allied Waste / Republic Services is prepared to move forwa rd Sincerely, Allied Waste S rvices / Republic Services Craig Mikolajchak ATTACHMENT A CONFLICT OF INTEREST QUESTIONNAIRE For vendor or other person doing business with local governmental entity This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a person doing business with the governmental entity. By taw this questionnaire must be filed with the records administrator of the local government not later than the 7th busmess day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. 1. Name of person doing business with local governmental entity. Allied Waste Services of Fort Worth // Republic Services of Fort Worth 2 FORM CIQ OFFICE USE ONLY Date Received Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you the an updated completed questioimann e with the appropriate filing authority not later than September 1 of the year for which an activity described in Section 176.006(a), Local Government Code, is pending and not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3. Describe each affiliation or business relationship with an employee or contractor of the Local governmental entity who makes recommendations to a local government officer of the local governmental entity with respect to expenditure of money. N/A 4. Describe each affiliation or business relationship with a person who is a Local government officer and who appoints or employs a local government officer of the local governmental entity that is the subject of this questionnaire. N/A RFP No. 12-0207, Regular Garbage Container Waste Disposal and Recycling Services for City Facilities, Page 15 of 23 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ • For vendor or other person doing business with local governmental entity Page 2 5. Name of local government officer with whom filer has affiliation or business relationship. (Complete this section only if the answer to A, B, or C is YES.) This section item 5 including subparts A, B, C & D, must be completed for each officer with whom the filer has affiliation or business relationship. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income from the filer of the questionnaire? ❑ Yes ❑ No B. Is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction of the local government officer named in this section AND the taxable income is not from the local governmental entity? ■ Yes ❑ No C. Is the filer of this questionnaire affiliated with a corporation or other business entity that the local go\ ernment officer serves as an officer or director, or holds an ownership of 10 percent or more? ❑ Yes ❑ No D. Describe each affiliation or business relationship, 6. Describe any other affiliation or business relationship that might cause a conflict of interest. 7. 6/12/12 Signature rson doing business with the governmental entity Date REP No. 12-0207, Regular Garbage Container Waste Disposal and Recycling Services for City Facilities, Page 16 of 23 REPUBLIC SERVICES DIVERSION POTENTIAL Recycling / Compost / Other Non -Landfill Allied Waste is a strong proponent in helping our customers find ways to reduce their solid waste costs, Reducing solid waste costs can be done by recycling and composting. Single Stream Recycling is an easy way to reduce the volume of waste that typically is thrown in the waste receptacles. You will find in this Proposal a sample of our Single Stream Recycling Program flyer which is easy to follow and has been very successful with our customers. The flyer has been placed on recycling receptacles as a reminder of what can be placed inside, We can have a Recycling Kick Off where we can get everyone together to go over the Recycling Program so that we can make sure it is a successful program. The kev to success is education. We can implement Green Team Leaders at different locations so that we have better communication and can track to see if the recycling effort improves and if we are able to decrease the trash service. That is when we know we are making a difference, We can provide recycling tonnage information so that you can track and see the progress of your recycling program At the current time, we will take your Single Stream Recycling to Evergreen Recycling located at 1110 Everman Parkway, Fort Worth, Texas 76140 where they process will process your recyclables. We have (2) two MRF's (Material Recycling Facilities) at this time with one being located in the City of Plano and the other in the City of Duncanville. Both of these MRF's are too far away to be of any benefit for the City of Fort Worth City Facilities recycling material. Republic realized that the Fort Worth area needs a MRF in order to enhance diversion potential. In May 2013, we will be opening our Fort Worth MRF located at 6200 Elliott Reeder Road where we will take the City of Fort Worth City Facilities single stream recyclables to be processed. At this location, we will sort the recyclables by commodity where they will then be baled, The bales will then be transported to the mills where they will be recycled. Our Fort Worth MRF location is 6.3 miles from the City of Fort Worth, 1000Throckmorton, Purchasing Division which makes this recycling facility convenient and close for the City of Fort Worth city facilities. Material Recycling Facility "Proprietary Information" W 6100 Elliot Reeder Road k"o 1, es;rth. Texas 76121 tl11d.!EP WMIK $EI1VIC1$ DIVERSION POTENTIAL Recycling 1 Compost ! Other Non -Landfill (continued) REPUBLIC SERVICES Will Rogers Coliseum Equestrian containers can be composted if the loads are completely clean. From past experience this is where we should spend valuable time educating so that there will not be any sharps or debris in the loads, If there is not any contamination, we will be able to compost every load. This will be of great financial savings to the city by being able to compost these loads. For clean loads, the haul rate will be $165.00. Contaminated loads add an additional $275.00 to the haul rate due to the cost associated with reloading the container for disposal. The contamination is quite costly. Education is so crucial and beneficial for this account. We can conduct recycling meetings with everyone at this location to explain the process at the onset of the recycling program. "Proprietary Information" 6100 f_Ilitl Fort dVor Reeder Road fen 761.1 t awl REPUBLIC frev SERVICES Fort Worth TS/MRF OPENING MAY, 2013 - MATERIAL RECOVERY FACILITY New Scale House Location 9 Le: KE LAKE • 0 FXIST1NG•s MAIMING • ,- fisa;40M, f:4,?411;7.tra, • 40141itt ;1/21* "2411*411% 't .4$ • ..1”...ina.9:5'4 t , -0,ti+Irifes. a yhrfc,„, , 1/2 !) i, Aitle, , t . ., 1... 1.3,4". ...1...t SI d*,... It vri...TIC:14!....".1.4 ..i ' ......... ...: :. • .." ...,.. , . ...... , .4 1, ' t spit- b ,- ..4.9"1.f.; - : • L't . 4,44e '-c ‘-' 1 It.14.'34';`•.13.,--crt- 4.' ' . • • ''' . ' : ''''' -'.';'.. 4 4.:cr. z /Fs 1, _ • ,4,17.. ,..- • • el..:;:4-e.7 i ri.i..?k,e 1 .-C....."" •,-. - - .... -c.f . %,..... _... - , • . K.:1-,41Nyt .:4±::(+.1," .4,i;t:',47, 4,..„1-:.i:(1.4:‘, ..." t IT • ..-, k . .-'';'"C .4 .1 rit .57... N. ' . id: 1...f. • •:e • t k ri• ' ." BUILDING • ;.,•••• 4, • -.rn77 l., I: • 5-F4CC/CCi7ellt4.1Ezt S-roiveae Jr ; I \ 0 pr• re4-6- v ( ma:4i D-7L- Existing Building 42,750 sf Proposed Building /7-1-1 Addition. 47,687 sf 5 REPUBLIC SERVICES Single Stream Recycling Guide ALL RECYCLABLE MATERIALS MAY BE COLLECTED TOGETHER IN THE SAME CONTAINER CLEAN DRY PAPER -ALL TYPES EMPTY PLASTIC CONTAINERS # 1-7 - EMPTY ALUMINUM & TIN/STEEL CANS u d.�,YieAi WAWAANs26MWuwUUWmfmmAanWvmiWar.raw.nrurirM1warubwarauW:walbwoulWta4rw%Y.uwewlNwru4lYauswo�:WaJW� . NO STYROFOAM, FOOD WRAP, BOTTLES WITH DRINK, FOOD WASTE OR TISSUE PRODUCTS • CURRENT MUNICIPAL CONTRACTS IN DFMETROPOLITAN AREA "The folloiving informW information is propnetaij' and exempt from the Public Information Act: " CLIENT Aledo * Alvarado * Annetta * Annetta North * Annetta South * Argyle * Arlington • Bedford * Benbrook Blue Mound * Copper Canyon * Dalworthington Gardens * Denton * DeSoto * Duncanville Edgecliff Village Euless Fairview * Grand Prairie * Grapevine * Haslet * Highland Park -Hudson Oaks * Hurst Hutchins Keene * Lakewood Village * Lancaster * Mansfield Mesquite * Midlothian * Newark * North Richland Hilis * Oak Point Pantego * Parker Pelican Bay * Plano Quinlan * Richland Hills * Roanoke * Rockwall * Sachse Sanctuary * Seagoville * Southlake * St Paul Sunnyvale * The Colony Toler * Trophy Club * Westlake * Westover Hills Willow Park • • . SERVICES PROVIDED Residential, Commercial, industrial Residential, Commercial, Industrial Residential, Commercial, Industrial Residential, Commercial, Industrial Residential, Commercial, Industrial Residential, Recycling, Commercial, Residential, Recycling, Commercial, Residential, Recycling, Commercial, Residential Recycling Commercial, Residential, Commercial, Industrial Residential, Recycling, Commercial, Industrial Residential, Recycling, Commercial, industrial Residential, Recycling, Commercial, Industrial Residential, Recycling, Commercial, Industrial Residenbai, Recycling, Commercial, industrial Residential, Commercial, Industrial Residential, Commercial, Industrial Residential, Recycling Commerc al, Industrial Residential, Recycling Commercial, Industrial Residential, Recycling, Commercial, Industrial Residential, Recycling, Commerc al, Industrial Residential, Recycling, Commercial, Industrial Residential, Commercial, Industrial Residenttal,•Recycting Commercial, Industrial Residential, Commercial, industrial Residenbai, Commercial, industrial Residential, Recycling, Commercial, Industrial Residential, Recycling, Commercial, Industnal Residenbai, Recycling; Commercial, Industrial Residential, Commercial, Industrial Residential, Recycling, Commercial, industrial Residential, Commercial, Industrial • Residential, Recycling, Commercial, industrial Residential, Recycling, Commercial, industrial Residential, Commercial, Industrial Residential, Recycling Commercial, Industrial Residential, Commercial, Industrial Residential, Recycling, Commercial, industrial Residential, Commercial, Industrial Residential, Recycling, Commercial, Industrial Residential, Commercial, Industrial Residential, Recycling Commercial, Industrial Residential, Recycling Commercial, industrial Residential, Commercial, Industrial Residenbai, Recycling, Commercial, Industrial Residential, Recycling, Commercial, Industnal Residential, Recycling, Commercial, Industrial Residential, Commercial, Industrial Residential, Recycling, Commercial, Industrial Residential, Commercial, Industrial Residential, Recycling Commercial, Industrial Residential, Recycling Commercial, Industrial Recycling, Commercial, Industrial Residential Commercial, industrial Industrial industrial Industrial Industrial Indicates cities utilizing Allied/Republic curbside recycling program. ALLIED WASTE SERVICES • CONTACT PHONE ICI Marshal' (817) 441-7016' Don Ives 9(817) 790-3351 - • Olan Usher (817) 441 5770 Barb Webster (817) 441-2663 Mayor Kteinschmidt (817) 441-7974 Lyle Dresher (940) 4647273 Trey Yelberton (817) 459-5865 David Miller (817) 952-2106 Cathy Morris (817) 249-3000 Deborah Dennis (817) 232-0661 Jean Dwinnell (940) 241-2677 Melinda Brittain (817) 274-7368 Shiriene Sitton (940) 349-8307 Trade Hiavinka (972) 230-9643 Kent Cagle (972) 780-5003 Sherrie Rundle (817) 293-4313 Chris Barker (817) 685-1400 John Godwin (972) 562-0522 Jim Cummings (972) 237-8058 Stan Laster (817) 410-3104 Elaine Simpson (817) 439-5931 Ronnie Brown (214) 52144161 Patrick Lawler (817) 596-4899 Allan Weegar (817) 788-7028 Joe Ed Wallace (972) 225-6121 Ismael Lopez (817) 641-3336 Linda Asbell (972) 294-5555 Opal Robertson (972) 227-2111 Clayton Chandler (817) 276-4200 Ted Chinn (972) 258-7711 Don Hastings (972) 775-3481 Tabitha Tucciarone (817) 489-2201 Mark Hindman (817) 427-6000 Doug Mouse! (972) 294-2312 Doug Davis (817) 274-1381 Dena Dante! (972) 442-6811 Diane Hester (817) 411 1234 Nancy Nevil (972) 941-7000 Billy Green (903) 356-3306 Jim Quin (817) 299-1800 Jimmy Stathatos (817) 491-2411 Julie Couch (972) 771-7700 Allen Barnes (972) 495-1212 Floyd Galloway (817) 677-3008 Mike Hitt (972) 287-2050 Jim Blagg (817) 748-8001 Bruce Dunn (972) 442-7212 Robert Blackburn (972) 226-7177 Antonio Johnston (972) 625-1756 Joyce Johnson (254) 835-4390 Mike Slye (682) 831-4600 Tom Bnmer (817) 430-0941 Jim Rutledge (817) 737-3127 Candi Scott (817) 441-7108 • REPUBLIC SERVICES REGULAR GARBAGE CONTAINER, WASTE DISPOSAL AND RECYCLING SERVICES FOR CITY FACILITIES RFP NO. 12-0207 Firm Background Allied Waste Services of Fort Worth, LLC is a Republic Services, Inc. company, the second largest, non -hazardous solid waste management company in the United States. Republic Services, Inc. annual revenues are nearly $8.1 billion. Since the Allied acquisition, we have reduced our debt by $1.3 billion and maintain our commitment to our investment grade rating. Allied Waste provides collection, transfer, recycling and disposal services for nearlyl0 million residential, commercial and industrial customers in 40 states and 420 markets. Our organizational structure provides a great deal of autonomy to the local management teams in operating the business of 348 collection companies to the local transfer stations 173 active landfills and 76 recycling facilities -fostering a sense of ownership and entrepreneurial spirit. At the same time, everyone at Allied Waste shares the company's vision for continued improvement and quality service. Through a national network of 30,000 employees, we support our customers every day with local service and local management. Allied Waste Services' devotion to safety is and always will be a top priority. We have a full time Safety Manager whose sole responsibility is total compliance with all Local, State and Federal laws with regards to solid waste and recycling services Single operations collection trucks are equipped with rear -mounted camera to maximize your safety Each dnver associate attends monthly safety meetings; all designed to give our customers and the cities the peace of mind that we are taking every precaution and every known remedy to make safety an ongoing obligation we take very seriously. Business Plan and Technical Proposal Republic Waste Services of Texas Ltd. d/b/a Duncan Disposal began servicing the City of Fort Worth City Facilities for their solid waste needs since August 2008. With the merger of Republic Waste Services and Allied Waste Services in December 2008 the Fort Worth Division of Allied Waste began servicing the City of Fort Worth City Facilities solid waste contract due to the close proximity from the Fort Worth Division to the City of Fort Worth city facilities We have a great team that has been servicing the City Facilities. From our General Manager Craig Mikolajchak, Operations Department and our Account Management; we are focused on exceeding our customers' expectations. Consistent contact keeps our focus on the needs and desires that are most important to our customers. 63 0'00 Elliott Reed e Road 'o'rtlie Ten s 76117 ALLIID WASTE E tRYICIS Business Plan and Technical Proposal REPUBLIC SERVICES (continued) We have dedicated to the City Facilities Services, Cheryl Brock, Major Account Executive. We feel strongly that having one point of contact for the City is of major importance to meet the customer standard we have set for the City of Fort Worth. Cheryl handles all questions from the city facilities of Fort Worth. Whether it is a question pertaining to their invoice they need an additional container, or need someone to come out for a meeting; Cheryl is the person that handles all the needs for the City of Fort Worth. Cheryl's cell phone number and email address are available to each and every one at the city. Cheryl will coordinate with Operations, Accounting or any other department that is needed to handle the requests from the city. We see the value in having one person dedicated to the City of Fort Worth City Facilities since this allows Cheryl to be aware of the activity with the accounts at all times and as well as establishing relationships with personnel at each location. Our Operations / Safety Team are in contact with our drivers all day as each driver has a radio in their truck so that we have access at all times to address any issue which may arise. Dean LeClaire, Operations Manager, Gerome Williams, Industrial Supervisor, Donicio Tijerina, Commercial Supervisor, and Barbara VanOven, Safety Manager, stay in touch with the drivers and Dispatch so that the entire Operations Department is aware of any special request or need that may have been requested to make certain it has been taken care of completely. Our Supervisors are out in the field checking on accounts as well as checking in with the drivers to see if there are issues that need assistance. II of the solid waste collected from the City of Fort Worth will be disposed in the city owned S E Landfill which will be of great benefit to the City of Fort Worth. 4 S: •nszz • At the present time, our trash containers are in place and being serviced at the city facility locations per the current trash schedule Therefore, no transition period or interruption in current service. If awarded the contract we would continue to provide service and add additional trash containers to any new locations that are added If we are awarded the recycling contract, we will be able to place the containers in a prompt manner and will visit with each account to find out which container best fits their needs. Summary Financial Information for Republic Services, Inc. Financial Capabilities Republic Services is America's second largest non -hazardous solid waste services,company as measured by revenue.. Headquartered m Phoenix, Arizona, Republic Services provides waste collection, transfer, recycling and disposal services to millions of residential, commercial and industrial customers. Republic's team of approximately 30,000 dedicated employees is committed to delivering service that exceeds the customers' highest expectations. The Company's 2011 Annual Report to Shareholders (Form 10-K) contains financial information about the Company and is submitted m response to the request for financial information. The Annual Report to Shareholders has been prepared in accordance with Securities and Exchange Commission requirements and in accordance with generally accepted accounting principles. Selected financial data can be found on pages 30 and 31 of the 2011 Annual Report. The financial statements contained in the Annual Report were audited by Ernst & Young LLP (Independent Registered Public Accountants) —Phoenix, Arizona. Their reports, which are dated February 17, 2012, are on pages 74 and 75 of the 2011 Annual Report (Focal 10-K) Republic Services, Inc. is a publicly owned company whose shares are traded on the New York - Stock Exchange (NYSE symbol; RSG). Revenue Operating income Net income Total assets Stockholders' equity Summary 5-years of Financial Data (in millions) 2011 $8,192.9 $1,552.7 4. $588.9 $19,551.5 $7,683.4 2010 $8,106.6 $1,539.1 $507.5 $19,461.9 $7,848.9 Long -Tenn Stability and Sufficient Capital 2009 $8,199.1 $1,589.8 $496.5 $19,540.3 $7,567.1 2008 $3,685.1 $283.2 $73.9 $19,921.4 $7,282.5 2007 $3,176.2 $536.0 $290.2 $4,467.8 $1,303.8 As of December 31, 2011, Republic Services, Inc. reported total assets of $19,551,500,000. The financial prospects for Republic Services indicate long term stability based on the Company's assets. Republic Services has 194 transfer stations, 191 active landfills, 74 recycling facilities and 334 collection operations in 39 states and Puerto Rico. It is the Company's belief that it has the financial capabilities and sufficient working capital or access to sufficient working capital to finance and perform the required work. Ownership • Republic Services, Inc. is a publicly traded'company on the New York Stock Exchange (NYSE symbol: RSG). The following table shows certain information as of December 31, 2011 with respect to the ownership of common stock by each shareholder who is known by Republic Services to own more than 5% of our outstanding common stock: Name of Owner Cascade Investment, LLC Fidelity Management (FMR, LLC) • Number of Shares j 65,154,169 j 18,524,724 No other individual or entity owns more than 5 percent of the Company. Credit Information Percent 17.6% 5.0 % • • Republic Services, Inc. of Phoenix, Arizona, is a leading provider of non -hazardous solid waste collection, transfer and disposal services. Credit Lines Total All Banks (as of 3-15-12): $ 2.5 billion Bank References All inquires for bank references must be made by fax and include the Tax ID n7nmber listed below. Bank of America Confirmation Department Reference: Republic Services Inc. Tax ID• 65-0716904 Fax: 803-832-7770 3 P Morgan Chase Confirmation Department Reference: AWIN Management Tax. ID: 76-0353318 Fax: 817-345-3795 Public Debt Rating Rating Agency I Rating Moody's Baa3 I Standard & Poor's BBB 1 Fitch Ratings BBB I Republic Services, Inc. carries an "investment grade" credit rating. On Aug. 5, 2010, Fitch Ratings upgraded Republic Services, Inc. In a press release, Fitch states "RSG's ratings reflect the waste services company's proven commitment to debt reduction as well as improvements to the capital structure that was created by the 2008 merger with AW." ICORD CERTIFICATE OF LIABILITY INSURANCE DATE (MM!DD/YYYY) 05/23/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REF" -SENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPUKTANT: If the certificate holder Is an ADDITIONAL INSURED, the palicy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) RODUCER CANNON COCHRAN MANAGEMENT SERVICES, INC. 17015 N. SCOTTSDALE RD. SCOTTSDALE, AZ 85255 1SURED REPUBLIC SERVICES, INC. 18500 N. ALLIED WAY PHOENIX, AZ 85054 Page 1 of 2 I CONTACT NAME: j PHONE (AFC No.Ext): I FAX (A/C No.Ext): I EMAIL ADDRESS: certiflcateteam@.ccrosl.com 1 INSURER(S) AFFORDING COVERAGE NAIL # ; INSURER A: OLD REPUBLIC INSURANCE COMPANY INSURER 13: I INSURER C: i INSURER D: INNSURER E: I INSURER F: 24147 COVERAGES CERTIFICATE NUMBER: 235709 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. lSR TYPE OF INSURANCE .TR A GENERAL LIABILITY x COMMERCIAL GENERAL LIABILITY '— CLAIMS -MADE I ^ I OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: I POLICY PROJECT LOC A AUTOMOBILE LIABILITY ANY AUTO A A A x IALL OWNED x SCHEDULED � AUTOS AUTOS ^ I HIRED AUTOS n NON -OWNED AUTOS UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERJMEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below I ADDL • SUBR' POLICY EFP POLICY EXP I INSR WVD POLICY NUMBER (MM/DD/YYYY) (MMtDD/YYYY) Y/N N/A N MWZY 59665 06/30/2012 06/30/2013 MWfB 21556 LIMITS EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (My one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS -COMP/OP AGG 06/30/2012 06/30/2013 COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY(Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) MWC 117827 00 AOS 06/30/2012 MWXS 981 Excess WC OH 06/30/2012 MWXS 980 Excess NSWC TX 06/30/2012 06/30/2013 06/30/2013 06/30/2013 EACH OCCURRENCE (AGGREGATE ..=- X I1 WC STATU- IOTHER TORY LIMITS IE.L. EACH ACCIDENT E.L. DISEASE -EA EMPLOYEE E.L. DISEASE -POLICY LIMIT $ 5,000,000 $ 5,000,000 $ 5,000,000 $ 5,000,000 $ 5,000,000 $ 5,000,000 $ 3,000,000 $ 3,000,000 $ 3,000,000 )ESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more apace is required) Division Number: 3402 - Named Insured Includes: Republic Waste Services of Texas, Ltd. - Dba: J.C. Duncan Hauling - JC Duncan Company - Arlington Disposal - Grand Prairie Disposal - Duncan Disposal - Republic Services of Arlington Division Number 4538 - Named Insured Includes: Allied Waste Services of Fort Worth, LLC - Dba: Allied Waste Services of Fort Worth - Republic Services of Fort Worth CERTIFICATE HOLDER City of Fort Worth 1000 Throckmorton St Fort Worth, TX 76102-6311 United States CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 01988-2010 ACORD CORPORATION. All rights reserved, (CORD 25 (2010/061 The ACORD name and loan are registered marks of ACORD ACORD GENt.r OLICY NUMBER See First Page ARRIER See First Page DDITIONAL REMARKS AGENCY CUSTOMER ID• LOC #: ADDITIONAL REMARKS SCHEDULE NAIC CODE 'HIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM. :ORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE NAMED INSURED REPUBLIC SERVICES, INC. 18500 N. ALLIED WAY PHOENIX, AZ 85054 !EFFECTIVE DATE: Page 2 of 2 The following provisions apply when required by written contract. As used below, the term certificate holder also includes any person or organization that the insured has become obligated to include as a result of an executed contract or agreement. GENERAL LIABILITY: Certificate holder is Additional Insured when required by written contract. Coverage is primary and non-contributory when required by written contract. Waiver of Subrogation in favor of the certificate holder is included when required by written contract. AUTO LIABILITY: Certificate holder is Additional Insured when required by written contract. Waiver of Subrogation in favor of the certificate holder is included when required by written contract. WORKERS COMPENSATION AND EMPLOYERS LIABILITY: Waiver of Subrogation in favor of the certificate holder is included when required by written contract where allowed by state law. TEXAS EXCESS INDEMNITY AND EMPLOYERS LIABILITY: Republic Services, Inc. and its subsidiaries are registered non -subscribers to the Texas Workers Compensation Act. Republic Services, Inc. has filed an approved Indemnity Plan with the Texas Department of Insurance which offers an alternative in benefits to employees rather than the traditional Workers Compensation Insurance in Texas The excess policy (#MVVXS 980) shown on this certificate provides excess Indemnity and Employers Liability r rage for the approved Indemnity Plan. Contractual Liability is included in the General Liability coverage form. The General Liability policy does not contain an endorsement excluding Contractual Liability. ACORD 101 (2008/01) ©1888-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD REPUBLIC SERVICES MWBE Participation Allied Waste currently utilizes a MWBE partnership with Empire Disposal and Sun Coast Resources to comply with the present 20% MWBE requirement for the current contract, If awarded the new contract, we would continue this process in order to meet the 10% MWBE participation. Both MWBE providers that we have worked with in the past are on the City website as approved MWBE vendors. The two MWBE vendors we have used have been Empire Disposal and Sun Coast Resources. We have a very good relationship with both companies and would use them for future MWBE contracts. • 610 Elliot rth, 1 FORTWORTH City of Fort Worth Subcontractors/Suppliers Utilization Form PRIME COMPANY NAME: Allied Waste Services of Fort Worth // Republic Services of Fort Worth PROJECT NAME: Regular Garbage Container, Waste Disposal and Recycling Services for City Facilities City's MNVBE Project Goal: 10% Prime's MNVBE Project Utilization: ATTACHMENT IA Page 1 of 4 Check applicable block to describe prime 1 MNV/DBE X NON-M/W/DBE . BID DATE 6/14/12 PROJECT NUMBER 10 ofa 12-0207 identify all subcontractors/suppliers you will use on this project Failure to complete this form, in its entirety with requested documentation, and received by the Managing Department on or before 5:00 p m, five (5) City business days after bid opening, exclusive of bid opening date will result in the bid being considered non -responsive to bid specifications. The undersigned Offeror agrees to enter into a formal agreement with the M/WBE firm(s) listed in this utilization schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered non -responsive to bid specifications M/WBEs listed toward meeting the project goal must be located in the nine (9) county marketplace or currently doing business in the marketplace at the time of bid. Marketplace is the geographic area of Tarrant, Parker, Johnson, Collin, Dallas Denton, Ellis, Kaufman and Rockwall counties. Identify each Tier level. Tier is the level of subcontracting. below the prime contractor, i.e., a direct payment from the prime contractor to a subcontractor is considered 1st tier, a payment by a subcontractor to its supplier is considered 2nd tier ALL MNVBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. Certification means those firms, located or doing business at the time of bid opening within the Marketplace, that have been determined to be bonafide minority or women businesses by the North Central Texas Regional Certification Agency (NCTRCA), or the Texas Department of Transportation (TX DOT), highway division. Disadvantaged Business Enterprise (DBE) is synonymous with Minority/Women Business Enterprise (MNVBE). if hauling services are utilized, the primewill be given credit as tong as the M/WBE listed owns and operates at least one fully licensed and operational truck to be used on the contract The MNVBE may lease trucks from another M/WBE firm, including M/WBE owner -operators, and receive full MNVBE credit. The M/WBE may lease trucks from non-M/WBEs, including owner -operators, but will only receive credit for the fees and commissions earned by the M/WBE as outlined in the lease agreement. Rev. 5/30/03 4 ATTACHMENT 1A Page 2 of 4 Primes are required to identify ALL subcontractors/suppliers, regardless of status i.e., Minority, Women and non-M/WBEs. Please list M/WBE firms first, use additional sheets if necessary SUBCONTRACTOR/SUPPLIER Company Name Address Telephone/Fax Empire Disposal, LTD 5301 Sun Valley Drive Fort Worth, Texas 76119 817.478.1288 817.985.0512 Sun Coast Resources Inc. 12409 Calloway Cemetery Rd. Euless, Texas 76040 817.854.9400 713.429 8424 T 1 e r M B E Certification (check one) W B E N c T R C A X X X N 0 n T X M D W O B T E Detail Detail Subcontracting Work Supplies Purchased Dollar Amount Hauling • Supplier Diesel Fuel $5,000 $50,000 Rev. 5/30/03 i FORT WORTH Total Dollar Amount of M/WBE Subcontractors/Suppliers Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers $ TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ 5 5- o ATTACHMENT1A Page 4 of 4 The Contractor will not make additions, deletions, or substitutions to this certified list without the prior approval of the Minority and Women Business Enterprise Office Manager or designee through the submittal of a Request for Approval of Change/Addition. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in the ordinance. The contractor shall submit a detailed explanation of how the requested change/addition or deletion will affect the committed M/WBE goal. If the detail explanation is not submitted, it will affect the final compliance determination. By affixing a signature to this form, the Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including M/W/DBE(s) arrangements submitted with the bid. The Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company. The bidder agrees to allow the transmission of interviews with owners, principals, officers, employees and applicable subcontractors/suppliers/contractors participating on the contract that will substantiate the actual work performed by the M/W/DBE(s) on this contract, by an authorized officer or employee of the City Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not Tess than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and create a material breach of contract may result in a determination of an irresponsible Offeror and barred from participating in City work for a period of time not Tess than one (1) year. Craig Mikolajchak Authorizeddnature Printed Signature General Manager Title Contact Name/Title (if different) Allied Waste Services 817.538.1577 Company Name Telephone andlor Fax 6100 Elliott Reeder Road CMikolajchak@republicservices.com Address E-mail Address Fort Worth, Texas 76117 6/13/12 City/State/Zip Date Rev. 5/30/03 Garbage Containers Frequency: 2 cy dumpster 3 cy dumpster 4 cy dumpster 6 cy dumpster 8 cy dumpster 20 cy open top roll off * 20 cy w/water proof cover 30 cy open top roll off ** 30 cy open top compost debris 35 cy compactor 40 cy open top roll off Recycle Containers Frequency: 90 -100 gallon cart 2 cy dumpster 13 cy dumpster 14 cy dumpster 16 cy dumpster 18 cy dumpster 130 cy open top roll off 130 cy closed recycle container 1 x /wk $ 25.75 $ 27.00 $ 33.00 $ 49.00 $ 62.50 $ 225.00 $ WgigElYZ.O.0 $ 240.00 $ 201.00 225.00 195.00 1 x /wk $ 24.51 $ $ 29.20 $ $ 29.46 $ $ 29.16 $ $ 29.68 $ $ 29.49 $ $ 117.00 $ $ 117.00 $ 2 x/wk 51.50 54.00 66.00 98.00 125.00 450.00 3 x /wk $ 77.00 $ 81.06 $ 99.00 $ 147.00 $ 187.50 $ 675.00 450.00 $ 675.00 390.00 $ 585.00 480.00 $ 720.00 402.00 $ 603.00 2 x/wk 48.17 51.04 50.08 48.57 46.65 43.48 233.82 233.82 3x/wk $ 71.83 $ 72.88 $ 70.70 $ 67.98 $ 63.63 $ 58.36 $ 350.73 $ 350.73 $ 6 x/wk 154.00 $ 162.00 $ 198.50 $ 294.00 $ 375.00 $ 1,350.00 $1.00/day $175/per 1,350.00 month $ $1.00/day $ $1.00/day $ 1,170.00 $ 1,440.00 $ 1,206.00 6 x/wk $ 147.34 $ 142.92 $ 137.10 $ 130.72 $ 119.08 $ 106.52 $ 701.46 $ 701.46 Rental $1.00/day $1.00/day Rental Only $ $1.00/day $ Rental Rental Only $ - $ - $ - $ $ $ Unscheduled Delivery Collection - $ 45.00 $ 45.00 $ 45.00 $ 55.00 $ 65.00 - $ 225.00 $ 225.00 50.00 $ 195.00 50.00 - $ 240.00 50.00 $ 201.00 Unscheduled Delivery Collection $ 45.00 $ 45.00 $ 45.00 $ 45.00 - $ 45.00 - $ 45.00 50.00 $ 117.00 50.00 $ 117.00 Additional Items (if applicable - describe any reimbursements for recovered recyclable commodities or additional diversion capabilities; if no information is entered it will be considered included in the rate): 5.i calnatoi: tag ..rs., gc*ff 3.l jtnated;tbe>rat * alternate bid for Village Creek 20 cy container ** alternate bid for Will Rogers Colliseum Equestrian Containers - Composted NOTE: rental only items may be used with unscheduled collection Submitted by Allied Waste Services // Republic Services ALLIED 4wAKYE KIRI/CCU Alternate Bid REPUBLIC SERVICES We would like to provide a quote for the alternate bid of (9) 20 yard containers with water proof covers for transport to be used pnmarily for Screenings at the Headwork's Facility and Bar Screen #3 and for periodic trash and grit and the Drying Bead area. The charge for rental on the containers is $175.00 per month per container. • PURCHASING DIVISION REQUEST FOR PROPOSALS (RFP) for REGULAR GARBAGE CONTAINER, WASTE DISPOSAL AND RECYCLING SERVICES FOR CITY FACILITIES RFP NO. 12-0207 Issued: May 16, 2012 PROPOSAL SUBMISSION DEADLINE: *******June 14, 2012 by 1:30PM Local Time ******* NO LATE PROPOSALS WILL BE ACCEPTED RESPONSES SHALL BE DELIVERED TO: CITY OF FORT WORTH PURCHASING DIVISION LOWER LEVEL 1000 THROCKMORTON STREET FORT WORTH, TEXAS 76102 Pre -Proposal Conference will be held: May 23, 2012, 3:OOP.M. at The City of Fort Worth, Solid Waste Services Division, 4100 Columbus Trail, Fort Worth, Texas 76133 FOR ADDITIONAL INFORMATION REGARDING THIS RFP PLEASE CONTACT: Marilyn Jackson, Purchasing Supervisor -Contracts Marilyn.Jackson@fortworthtexas.org *********************************************** RETURN THIS COVER SHEET WITH RESPONSE TO: Marilyn Jackson Contracts Supervisor Purchasing Division Financial Management Services Department Acknowledgment of Addenda: # 1 X #2 X #3 RESPONSES SHALL BE MAILED TO: CITY OF FORT WORTH PURCHASING DIVISION LOWER LEVEL 1000 THROCKMORTON STREET FORT WORTH, TEXAS 76102 NAME AND ADDRESS OF COMPANY SUBMITTING PROPOSAL: Allied Waste Services of Fort Worth, LLC d/b/al Allied Waste Services of Fort Worth // Republic Services of Fort Worth 6100 Elliott Reeder Road Fort Worth. Texas 76117 Contact Person: Craig Mikolajchak Title: General Manager Phone: (617) 538-1577 Fax: (817) 831-2020 Email: CMikolaichakia7reoubUcservices.com Signature: Printed Name: CMikolajchak #4 #5 ADDENDUM TO THE REQUEST FOR PROPOSALS REGULAR GARBAGE CONTAINER, WASTE DISPOSAL AND RECYCLING SERVICES FOR CITY FACILITIES CITY OF FORT WORTH PURCHASING DIVISION ADDENDUM NO. 1 DATE ISSUED: June 5, 2012 REQUEST FOR PROPOSAL NUMBER: 12-0207 ORIGINAL PROPOSAL SUBMISSION DATE: June 14, 2012 (unchanged) Addendum No. 1, dated June 5, 2012 is hereby amended to incorporate in full text the following provisions: 1. Questions and Answers document received through e-mails is hereby incorporated, in full text, page 2. All other terms and conditions remain the same. JACK DALE PURCHASING MANAGER COMPANY NAME: Allied Waste Services of Fort Worth, LLC d/b/a Allied Waste Services of Fort Worth // Republic Services of Fort Worth. g SIGNATURE: NOTE: Company name and signature must be the same as on the bid documents. CITY OF FORT WORTH RFP 12-0207 Regular Garbage Container, Waste Disposal and Recycling Services for City Facilities Garbage Containers - Pull Only delivered to Southeast Landfill Container Type 20 cy open top roll off * 20 cy w/water proof cover 30 cy open top roll off Price Per Pull $102.75 $102.75 $102.75 35 cy compactor $110.75 40 cy open top roll off $102.75 Best & Final Pricing for Will Rogers Coliseum Equestrian Containers — Composted $165.00 Change in language of contamination: Strike language of 100% clean and replace with: If container is rejected by recycler, disposal only will be charged to the haul rate of $165.00. Submitted by Republic Services / Allied Waste Services EXHIBIT C LIST OF CITY FACILITIES FOR COLLECTION 24 Contract for Garbage and Recyclables Collection from City Facilitiesexecutioncopy Location Name Thomas Place Community Center R.D Evans Community Center Fire Station Community Center Southwest Community Center Greenbrier Community Center Highland Hill Community Center Central District Service Center South District Service Center West District Service Center Botanic Gardens Lecture Hall Garden Resturant North Distict Service Center Gateway Park East District Service Center Damond Hill Community Center Riverside Community Center Sycamore Community Center Handley-Meadowbrook Community Center Hillside Community Center Eugene McCray Community Center Fort Worth Nature Center Fort Worth Refuge Service Center Haws Athletic Center Bertha Collins Sports Center Gateway Athletic Concession Stand Gateway Park Rolling Hills Soccer Complex Forest Park Pool Marine Park Pool Sycamore Park Pool Sylvania Pool Park Kellis Pool Hillside Pool Como Pool Andrew Doc Sessions Community Center Southside Community Center Fellowship Corner Como Community Center Worth Heights Community Center Northside community Center North Tri-Ethnic Community Center Address 4237 Lafayette Ave. 3200 Lackland Road 1601 Lipscomb St. 6300 Welch Ave. 5200 S Hemphill st. 1600 Glasgow Road 2901 Crestline Road 5201 James Ave. 7151 Calmont Ave. 3220 Botanic Gardeg Dr. 3220 Rock Springs Rd. 1700 Brennan Street 4501 East 1st st. 2300 Avenue H 1701 NE 36th St. 3700 East Belknap 2525 East Rosedale St. 6201 Beaty Street 1201 East Maddox St. 4932 Willbarger St. 9601 Fossil Ridge Road 4600 Broadview 600 Congress St. 1501 MLK Freeway N. 4501 East 1st st. 4501 East 1st st. 2525 Joe B Rushing Blvd 2212 Forest Park Blvd 303 NW 20th Street 1000 Beach Street 3801 Maurice Ave. 4651 Southridge Terrance 1201 East Maddox St. 3401 Lake Como Dr. 201 South Sylvania Ave 959 East Rosedale st. 1601 New York Ave 4900 Horne St. 3551 New York Ave. 18th and Harrington st. 2950 Roosevely Ave Contact Ann Marie Mendez Ann Marie Mendez Ann Marie Mendez Ann Marie Mendez Ann Marie Mendez Ann Marie Mendez Ann Marie Mendez Ann Marie Mendez Ann Marie Mendez Leslie Pool Leslie Pool Annie Guzman Annie Guzman Annie Guzman Annie Guzman Annie Guzman Annie Guzman Annie Guzman Annie Guzman Annie Guzman Anne Bachedler Anne Bachedler Kim Mathis Kim Mathis Kim Mathis Kim Mathis Kim Mathis Kim Mathis Kim Mathis Kim Mathis Kim Mathis Kim Mathis Kim Mathis Kim Mathis Marva Scott Marva Scott Marva Scott Marva Scott Marva Scott Marva Scott Marva Scott Phone (817) 871-5727 (817) 871-5757 (817) 871-5727 (817) 871-5727 (817) 871-5727 (817) 871-5727 (817) 871-5727 (817) 871-5727 (817) 871-5727 (817) 871-7678 (817) 871-7678 (817) 871-5758 (817) 871-5758 (817) 871-5758 (817) 871-5758 (817) 871-5758 (817) 871-5758 (817) 871-5758 (817) 871-5758 (817) 871-5758 (817) 237-1111 (817) 237-1111 (817) 871-7693 (817) 871-7693 (817) 871-7693 (817) 871-7693 (817) 871-7693 (817) 871-7693 (817) 871-7693 (817) 871-7693 (817) 871-7693 (817) 871-7693 (817) 871-7693 (817) 871-7693 (817) 871-5765 (817) 871-5765 (817) 871-5765 (817) 871-5765 (817) 871-5765 (817) 871-5765 (817) 871-5765 Container Capacity Size Measure 6 Cu Yd 6 Cu Yd 6 Cu Yd 6 Cu Yd 8 Cu Yd 8 Cu Yd 30 Cu Yd 30 Cu Yd 40 Cu Yd 8 Cu Yd 4 Cu Yd 30 Cu Yd 30 Cu Yd 30 Cu Yd 6 Cu Yd 6 Cu Yd 6 Cu Yd 6 Cu Yd 6 Cu Yd 6 Cu Yd 6 Cu Yd 6 Cu Yd 6 Cu Yd 6 Cu Yd 8 Cu Yd 30 Cu Yd 30 Cu Yd 6 Cu Yd 6 Cu Yd 6 Cu Yd 6 Cu Yd 6 Cu Yd 6 Cu Yd 6 Cu Yd 6 Cu Yd 6 Cu Yd 6 Cu Yd 6 Cu Yd 8 Cu Yd 8 Cu Yd 8 Cu Yd Container Type Dumpster Dumpster Dumpster Dumpster Dumpster Dumpster Roll off Roll off Roll off Dumpster Dumpster Roll off Roll off Roll off Dumpster Dumpster Dumpster Dumpster Dumpster Dumpster Dumpster Dumpster Dumpster Dumpster Du mpster Roll off Roll off Dumpster Dumpster Dumpster Dumpster Dumpster Dumpster Dumpster Dumpster Dumpster Dumpster Dumpster Dumpster Dumpster Dumpster # of Collection Days/addl Collections Frequency specifications 1 Week No Spec 1 Week No Spec 1 Week No Spec 1 Week No Spec 1 Week No Spec 1 Week No Spec 90 Year 90 Annual pulls 26 Year 26 Annual pulls 50 Year 50 Annual pulls 3 Week No Spec 3 Week No Spec 45 Year 45 Annual Pulls 30 Year 30 Annual Pulls 50 Year 50 Annual pulls 3 Week No Spec 1 Week No Spec 1 Week No Spec 1 Week No Spec 1 Week No Spec 1 Week No Spec 1 Week No Spec 1 Week No Spec 1 Week No Spec 1 Week No Spec 3 Week No Spec 30 Year 30 Annual Pulls 30 Year 30 Annual Pulls 1 Week No Spec 1 Week No Spec 1 Week No Spec 1 Week No Spec 1 Week No Spec 1 Week No Spec 1 Week No Spec 1 Week No Spec 3 Week No Spec 2 Week No Spec 3 Week No Spec 3 Week No Spec 3 Week No Spec 3 Week No Spec Seasonal Months 6,7&8 6, 7 & 8 6, 7 & 8 6,7 & 8 6,7 & 8 6,7&8 6,7&8 6,7 & 8 6,7&8 6,7 & 8 ) 6,7 & 8 6,7 &8 6,7&8 5,6,7 & 8 5,6,7 & 8 5,6,7 &8 5,6,7 & 8 5,6,7 & 8 5,6,7 & 8 5,6,7 & 8 Estimate Total (Martin Luther King Community Center Pecan Valley Golf Course Pecan Valley Golf Course Meadowbrook Golf Course �Meadowbrook Golf Course Sycamore Creek Golf Course Sycamore Creek Golf Course Rockwood Golf Course Z Boaz Golf Course Z Boaz Golf Course Trades Infrastucture Trades Infrastucture Rolling Hills Service Center Police North NPD #1 Police East NPD #4 Police West NPD #12 Police South NPD #8 Police East NPD #7 Police West NPD #10 Police North NPD #2 FWPD Horse Barns Map Services Auto Pound Police NPD # 10 Police NPD # 7 Police Fleet Mangement Police Traffic/NPD Police Traffic/NPD Police East Division Police North Division Police West Division Police South Division Fire Department (Station #35) Fire Department (Station #37) Fire Department (Station #36) Fire Department (Station #24) Fire Department (Station #1) Fire Department (Station #2) Fire Department (Station #3) Fire Department (Station #4) Fire Department (Station #5) Fire Department (Station #6) Fire Department (Station #7) 5565 Truman Dr. 6800 Lakeside Drive 6800 Lakeside Drive 1815 Jenson Rd. 1815 Jenson Rd. 401 M L K Freeway 401 M L K Freeway 1851 Jackboro Highway 3200 Lackland Road 3200 Lackland Road 5201 ES Ave 5201 ES Ave 2525 Joe B. Rushing Blvd 500 East 1st Street 5925 Boca Raton 2509 Merrick St. 1000 W.Magnolia 4204 Miller 5043 Granbury Rd 3457 Decature Ave. 3501 Ellis Ave 5100 Blue Mound Road 1301 E. Northside Dr. 5320 Trail Lake 4573 Village Creek Road 1711 West 5th Street 1100 Nashville 1100 Nashville 5650 East Lancaster 2500 North Houston 3525 Marquita 3128 West Bolt 2251 Flight Line Road 4721 Ray White Rd 5045 Columbus Trl 3101 Forest Ave 120 Pecan Street 1000 Cherry St. 4700 Ramey St. 2954 Old Mansfield 1000 Evans 205 University Dr. 7601 John T. White Rd Marva Scott Jean Coleman Jean Coleman Jean Coleman Jean Coleman Jean Coleman Jean Coleman Jean Coleman Jean Coleman Jean Coleman Debra Rose Debra Rose Debra Rose Shirley Lt. Gillespie Sgt. Ellis Eddie Pricer Lt. Curtis Lt. Gordon Box Brenda McKenzie Ward Robinson Ann Burrell Robert Hicks Brenda Hendryx Jean Stokes Robert Hicks Anita Ramirex Anita Ramirex Cassandra Smith Ladonna Adams Latricia Pickens Julie White Nancy Black Nancy Black Nancy Black Nancy Black Nancy Black Nancy Black Nancy Black Nancy Black Nancy Black Nancy Black Nancy Black (817) 871-5765 (817) 871-5765 (817) 871-5765 (817) 871-5748 (817) 871-5748 (817) 871-5748 (817) 871-5748 (817) 871-5748 (817) 871-5748 (817) 871-5748 (817) 871-5740 (817) 871-5740 (817) 871-5740 (817) 871-6400 (817) 451-2368 (817) 737-7265 (817) 493-3854 (817) 531-3318 (817) 346-1794 (817) 740-2108 (817) 871-6458 (817) 392-3510 (817) 392-4752 (817) 392-3650 (817) 392-3510 (817) 871-7110 (817) 871-7110 (817) 871-5200 (817) 871-6450 (817) 871-5000 (817) 922-3400 (817) 392-6838 (817) 392-6839 (817) 392-6840 (817) 392-6841 (817) 392-6842 (817) 392-6843 (817) 392-6844 (817) 392-6845 (817) 392-6846 (817) 392-6847 (817) 392-6848 8 Cu Yd 30 Cu Yd 6 Cu Yd 30 Cu Yd 6 Cu Yd 30 Cu Yd 6 Cu Yd 30 Cu Yd 30 Cu Yd 6 Cu Yd 30 Cu Yd 6 Cu Yd 30 Cu Yd 3 Cu Yd 4 Cu Yd 2 Cu Yd 6 Cu Yd 4 Cu Yd 4 Cu Yd 6 Cu Yd 6 Cu Yd 6 Cu Yd 30 Cu Yd 4 Cu Yd 6 Cu Yd 8 Cu Yd 8 Cu Yd 2 Cu Yd 6 Cu Yd 8 Cu Yd 6 Cu Yd 6 Cu Yd 6 Cu Yd 6 Cu Yd 6 Cu Yd 4 Cu Yd 3 Cu Yd 6 Cu Yd 6 Cu Yd 3 Cu Yd 3 Cu Yd 3 Cu Yd 3 Cu Yd Dumpster Roll off Dumpster Roll off Dumpster Roll off Dumpster Roll off Roll off Dumpster Roll off Dumpster Roll off Dumpster Dumpster Dumpster Dumpster Dumpster Dumpster Dumpster Dumpster Dumpster Dumpster Dumpster Dumpster Dumpster Dumpster Dumpster Dumpster Dumpster Dumpster Dumpster Dumpster Dumpster Dumpster Dumpster Dumpster Dumpster Dumpster Dumpster Dumpster Dumpster Dumpster 3 Week 26 Year 2 Week 26 Year 2 Week 26 Year 2 Week 26 Year 26 Year 1 Week 20 Year 1 Week 12 Year 1 Week 1 Week 1 Week 1 Week 1 Week 1 Week 1 Week 3 Week 1 Week 24 Year 1 Week 1 Week 2 Week 1 Week 1 Week 1 Week 1 Week 1 Week 1 Week 1 Week 1 Week 1 Week 1 Week 1 Week 2 Week 1 Week 1 Week 1 Week 1 Week 1 Week No Spec 26 Annual pulls No Spec 26 Annual pulls No Spec 26 Annual pulls No Spec 26 Annual pulls 26 Annual pulls No Spec 20 Annual pulls No Spec 12 Annual pulls Tuesdays Tuesdays Thursdays Tuesdays Wednesdays Thursdays Wednesdays Mon,Weds,&Fri. Wednesdays 24Annual Pulls Wednesdays Wednesdays Tues. & Thurs. Wednesdays Wednesdays Tuesdays Tuesdays Thursdays Tuesdays No Spec No Spec No Spec No Spec No Spec No Spec No Spec No Spec No Spec No Spec No Spec Fire Department (Station #8) Fire Department (Station #9) Fire Department (Station #10) Fire Department (SCBA) Fire Department (Station #12) Fire Department (Station #13) Fire Department (Station #14) Fire Department (Station #15) Fire Department (Station #16) Fire Department (Station #17) Fire Department (Station #19) Fire Department (Station #20) Fire Department (Station #21) Fire Department (Station #22) Fire Department (Station #23) Fire Department (Station #25) Fire Department (Station #26) Fire Department (Station #28) Fire Department (Station #29) Fire Department (Station #30) Fire Department (Station #31) Fire Department (Station #32) Fire Department (Station # 33) Fire Department (Station #39) Fire Department (Station #40) Fire Department (Station #44) Fire Department -Fire Educational Services Fire Department -Equipment Shop Fire Department -Fire Communications Fire Department -Fire Supply Fire Department -(Temporary Station # 41) Fire Department (Station #38) Meacham International Airport -Field Paint Shop Meacham International Bldg Meacham International of Airport Sprinks Airport Airport -Main Terminal Airport -South East side 1101 12th Avenue 2575 Polaris 3209 Hemphill Street 400 Grand 120 NW 22nd 5333 Lea Crest 2737 Meadowbrook Dr. 3100 Azle Ave. 2933 Geddes 212 E. Felix 2613 Carnation Ave. 901 Woodhaven Blvd. 3501 South Hills Ave 4849 Wilbarger 3201 Portales 3801 N. Main St. 6124 S. Hulen St. 1300 Everman Parkesy 6400 Westcreek 4416 Southwest Blvd 4209 Longstraw 10201 White Settlement 14650 Statler Rd 7655 Oakmont Blvd 8510 Spring St. 4201 N. Main St. 1000 Calvert 2920 W. Bolt St. 3000 W. Bolt St. 2900 W. Bolt St. 834 Blue mound Rd 13280 Park Vista Blvd 4017 Falcon Way West Bldg 20S 4201 Main St. 3302 Ross Ave Nancy Black Nancy Black Nancy Black Nancy Black Nancy Black Nancy Black Nancy Black Nancy Black Nancy Black Nancy Black Nancy Black Nancy Black Nancy Black Nancy Black Nancy Black Nancy Black Nancy Black Nancy Black Nancy Black Nancy Black Nancy Black Nancy Black Nancy Black Nancy Black Nancy Black Nancy Black Nancy Black Nancy Black Nancy Black Nancy Black Nancy Black Nancy Black Dennis Roezoll Dennis Roezoll Dennis Roezoll 13725 Stone Road,Burleson Carrie Noatch (817)392-6849' (817) 392-6850 (817) 392-6851 (817) 392-6851 (817) 392-6851 (817) 392-6851 (817) 392-6851 (817) 392-6851 (817) 392-6851 (817) 392-6851 (817) 392-6851 (817) 392-6851 (817) 392-6851 (817) 392-6851 (817) 392-6851 (817) 392-6851 (817) 392-6851 (817) 392-6851 (817) 392-6851 (817) 392-6851 (817) 392-6851 (817) 392-6851 (817) 392-6851 (817) 392-6851 (817) 392-6851 (817) 392-6851 (817) 392-6851 (817) 392-6851 (817) 392-6851 (817) 392-6851 (817) 392-6851 (817) 392-6851 4 Cu Yd •Dumpster 1 Week No Spec 3 Cu Yd Dumpster 1 Week No Spec 3 Cu Yd Dumpster 1 Week No Spec 6 Cu Yd Dumpster 1 Week No Spec 4 Cu Yd Dumpster 1 Week No Spec 3 Cu Yd Dumpster 1 Week No Spec 4 Cu Yd Dumpster 1 Week No Spec 3 Cu Yd Dumpster 1 Week No Spec 4 Cu Yd Dumpster 1 Week No Spec 4 Cu Yd Dumpster 1 Week No Spec 3 Cu Yd Dumpster 1 Week No Spec 3 Cu Yd Dumpster 1 Week No Spec 4 Cu Yd Dumpster 1 Week No Spec 4 Cu Yd Dumpster 1 Week No Spec 4 Cu Yd Dumpster 1 Week No Spec 3 Cu Yd Dumpster 1 Week No Spec 4 Cu Yd Dumpster 1 Week No Spec 3 Cu Yd Dumpster 1 Week No Spec 3 Cu Yd Dumpster 1 Week No Spec 3 Cu Yd Dumpster 1 Week No Spec 4 Cu Yd Dumpster 1 Week No Spec 4 Cu Yd Dumpster 1 Week No Spec 3 Cu Yd Dumpster 1 Week No Spec 3 Cu Yd Dumpster 1 Week No Spec 3 Cu Yd Dumpster 1 Week No Spec 4 Cu Yd Dumpster 1 Week No Spec 8 Cu Yd Dumpster 3 Week No Spec 8 Cu Yd Dumpster 1 Week No Spec 8 Cu Yd Dumpster 1 Week No Spec 8 Cu Yd Dumpster 1 Week No Spec 4 Cu Yd Dumpster 1 Week No Spec 6 Cu Yd Dumpster 1 Week No Spec (817) 871-5405 8 Cu Yd Dumpster 2 Week (817) 871-5405 (817) 871-5405 8 Cu Yd 8 Cu Yd 8 Cu Yd Dumpster Dumpster Dumpster 2 Week 2 Week 2 Week No Spec Between 1-4am only,Driver shall contact security pager number(817)998-0163 upon arrival at the gate Call security Pager (817)998-0163 upon arrival Tues. & Thurs. Central Water and Wastewater Laboratory Building (Water Filed Operations Water Filed Operations Water Filed Operations Eagle Mountain Treatment Plant Rolling Hills Treatment Plant North Holly Treatment Plant (North Holly Treatment Plant Scada Buildong Facilities Maintenance Animal Care and Control Health Depart ment Street Services Division Will Rogers Memorial Center -Coliseum Will Rogers Memorial Center -Exhibit Hall Will Rogers Memorial Center -Equestrian Center Fort Worth Convention Center Business Assistance Center Central Library East Regional Library Southwest Regional Library Summerglen Library (new) (Ella MaeShamblee Library IZipPer Building (new) (Village Creek Treatment Plant IVillage Creek Treatment Plant 'Village Creek Treatment Plant I` Alternate price for composting debris 2600 SE Loop 820 1608 11th Ave and 3601 Lincoln Ave 1608 11th Ave and 3601 Lincoln Ave 1608 11th Ave and 3601 Lincoln Ave 6801 Bowman Roverts Rd 2500 S.E Loop 820 920 Fournier Street 920 Fournier Street 1511 11th Avenue 5001 James Ave 4900 Martin St. 1800 University Drive 3409 Harley Ave. 1201 Houston St. 1150 South Freeway 500 W. 3rd St. 6301 Bridge St. 4001 Library Lane 4205 Basswood Blvd 1062 Evans Ave 1100 Jennings Ave 4500 Wilma Lane 4500 Wilma Lane 4500 Wilma Lane Stacy Walters Darla Morales Darla Morales Darla Morales Brenda Williams Brenda Williams Brenda Williams Brenda Williams Brenda Williams Larry Block James Agyemang Evelyn Brown Rose Anna Howell Nancy Bishop Nancy Bishop Nancy Bishop Glenda Ward Cathy Karnes Jo Ann Mitchell Jo Ann Mitchell Jo Ann Mitchell Jo Ann Mitchell Jo Ann Mitchell Larry Block Steve Nutter Steve Nutter Steve Nutter (817) 572-7008 8 Cu Yd (817) 871-8309 30 Cu Yd (817) 871-8309 40 Cu Yd (817) 871-8309 6 Cu Yd (817) 871-8285 6 Cu Yd (817) 871-8285 6 Cu Yd (817) 871-8285 6 Cu Yd (817) 871-8285 4 Cu Yd (817) 871-8285 4 Cu Yd (817) 392-8108 30 Cu Yd (817) 392-3742 8 Cu Yd (817) 871-7202 8 Cu Yd (817) 871-8119 8 Cu Yd (817) 871-8119 35 Cu Yd (817) 871-8119 34 Cu Yd (817) 871-8119 30 Cu Yd (817) 392-5819 (817) 212-2670 (817) 871-7704 (817) 871-7704 (817) 871-7704 (817) 871-7704 (817) 871-7704 (817) 392-8108 (817) 392-8291 (817) 392-8291 (817) 392-8291 Dumpster Roll off Roll off Dumpster Dumpster Dumpster Dumpster Dumpster Dumpster Roll off Dumpster Dumpster Dumpster City Owned Compactor City Owned Compactor Roll off 30 Cu Yd Roll off 8 Cu Yd Dumpster 3 Cu Yd Dumpster 3 Cu Yd Dumpster 3 Cu Yd Dumpster 3 Cu Yd Dumpster 3 Cu Yd Dumpster 4 Cu Yd Dumpster 20 Cu Yd Roll off 8 Cu Yd Dumpster 30 Cu Yd Roll off 2 Week 24 Year 16 Year 2 Week 1 Week 1 Week 1 Week 1 Week 1 Week 24 Year 3 Week 3 Week 2 Week 10 Year 10 Year 1211 Year 1 Week 2 Week 1 Day 2 Week 2 Week 2 Week 2 Week 2 Week 3 Week 4 Week 1 Month No Spec 24 Annual Pulls 16 Annual Pulls Tues.& Fri. No Spec No Spec No Spec No Spec No Spec 24 Annual Pulls Mon-Sat,anytime after SOam and NOT before Mon,Weds,&Fri. No Spec 10 annual pulls 10 annual pulls *1211 annual pulls Mondays,another open top roll off dumpster vendor - provided will call for pick up Tues. & Fri. No Spec No Spec No Spec Tues .& Thurs. Tues. & Fri. Tues.& Fri. 9 containers 7 containers 1 container M&C Review Page 1 of 2 DATE: CODE: S UBJECT: COUNCIL ACTION: Approved on 10/16/2012 10/16/2012 REFERENCE P-11444 NO.: (Revised) P TYPE: NON - CONSENT LOG NAME: PUBLIC HEARING: Official site of the City of Fort Worth, Texas FORTWORTII 13P12-0207 GARBAGE/RECYCLING CITY FACILITIES MJ (REVISED) NO Authorize Agreement with Allied Waste Services of Fort Worth, LLC d/b/a Allied Waste S ervices of Fort Worth/Republic Services of Fort Worth for Garbage and Waste Disposal S ervices and Recycling Collection for City Facilities in the Amount of $1 557,000.00 (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize the execution of an Agreement with Allied Waste S ervices of Fort Worth LLC d/b/a Allied Waste Services of Fort Worth/Republic Services of Fort Worth, for regular garbage and waste disposal services and recycling collection for City facilities in the amount of $1 557,000.00. DISCUSSION: Staff recommends and requests that the City Council award a contract to Allied Waste Services of Fort Worth, LLC d/b/a Allied Waste Services of Fort Worth/Republic Services of Fort Worth (Republic Services) for furnishing equipment, materials, labor and personnel for container provision, refuse and garbage removal and disposal as advertised in Request for Proposals (RFP) 12-0207. Services will consist of single stream recycling removal and processing services from City facilities as called for and directed by the City The Water Department Village Creek Wastewater Treatment Plant will also use this Agreement for the pickup and disposal of solid debris from bar screens as well as miscellaneous trash and grit from drying beds. The Public Events Department will also use this Agreement for the composting of animal waste at the Will Rogers Memorial Center. BID ADVERTISEMENT - This RFP was advertised every Wednesday in the Fort Worth Star -Telegram from May 16, 2012 through June 13, 2012. Seventy-three vendors were solicited from the purchasing vendor database, three proposals were received. The proposals were reviewed by an evaluation committee which consisted of Staff from Code Compliance, Water, Public Events and Housing and Economic Development departments. The committee ranked the proposals based on the evaluation factors outlined in the RFP including diversion potential (recycling/compost/other non -landfill), qualifications and references, business plan and technical proposal, financial stability and ability to obtain insurance and bonding, M/WBE participation and cost. The committee determined that Republic Services presented the best value proposal to the City. PRICING ANALYSIS - The pricing offered by Republic Services is 35 percent lower than pricing on the last annual Agreement which was awarded in 2008 (M&C P-10858). M/WBE - Republic Services is in compliance with the City s M/WBE Ordinance by committing to 10 percent. M/WBE participation on this project. The City's M/WBE goal on this project is 10 percent AGREEMENT TERMS - This Agreement will have a three year term. RENEWAL OPTIONS - This Agreement may be renewed for up to two successive one year terms at the http://apps. cfwnet. org/council_packet/mc_review.asp?ID=17624&councildate=10/ 16/2012 12/21/2012 M&C Review Page 2 of 2 City's option. This action does not require specific City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current operating budgets as appropriated, of the participating departments. BQN\12-0207\MJ TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for Citv Manager's Office bv: Oriainatina Department Head: Additional Information Contact: ATTACHMENTS Susan Alanis (8180) Lena Ellis (8517) Jack Dale (8357) Marilyn Jackson (2059) http://apps. cfwnet. org/council_packet/mc review. asp?ID=17624&councildate=10/ 16/2012 12/21/2012