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Contract 59476
City Secretary Contract No. 5 +4 ` `f- FORT WORTH DROP-OFF STATION AND SPECIAL EVENT COLLECTION SERVICES AGREEMENT This DROP-OFF STATION AND SPECIAL EVENT COLLECTION SERVICES AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH ("City"), a Texas home rule municipal corporation, acting by and through its duly authorized Assistant City Manager, and WASTE MANAGEMENT OF TEXAS. INC. ("Contractor"), a Texas comoration and acting by and through its duly authorized representative, each individually referred to as a "party" and collectively referred to as the "parties." AGREEMENT DOCUMENTS: The Agreement documents shall include the following: I . This Drop -Off Station and Special Event Collection Services Agreement; 2. Exhibit A — Scope of Services and Contractor Standards; 3. Exhibit B — Payment Schedule and Rate Adjustments; 4. Exhibit C — Rates 5. Exhibit D — Monthly Invoice Format 6. Exhibit E — City's RFP No. 23-0003 Drop -Off Station and Special Event Collection 7. Exhibit F — Contractor's Response to City's RFP No.23-0003; 8. Exhibit G — Verification of Signature Authority Form; and 9. Exhibit H — Special Events Exhibits A, B, C, D, E, F, G, and H which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. In the event of any conflict between the terms and conditions of the attached Exhibits and the terms and conditions set forth in the body of this Agreement, the terms and conditions of this Agreement shall control. 1. Definitions. Acceptable Organic Materials shall mean Yard Waste, Brush and all other materials determined acceptable by the City and Contractor for processing at the Composting Facility. Affiliate shall mean any parent, subsidiary, or any other entity controlling, controlled by, or under common control of the Contractor. Agreement shall mean the Drop -Off Station and Special Event Collection Services Agreement and all Exhibits attached. Alternative Fuel shall mean any vehicle fuel other than conventional gasoline or diesel including CFW Drop Off Station Agreement — Waste Management OFFICIAL RECORD Page 1 of 20 CITY SECRETARY FT. WORTH, TX electric battery powered vehicles, Compressed Natural Gas (CNG) or Renewable Natural Gas (RNG) vehicles, and other alternative fuels as applicable. 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. Authorized City Representative shall mean the individual(s) designated by the City to authorize decisions related to this Agreement, serving as the point of communication between Contractor and the City. Bulky Items shall mean furniture, Treated Wood, C&D material generated by a residential customer as a result of a household project, mattresses and box springs, carpet, swing sets, plastic swimming pools, large toys, bicycles, toilets, household appliances, electronic equipment, and other similar items, White Goods (chlorofluorocarbon (CFC)-Free), tree trunks, root balls; provided, all such materials must be permissible for disposal in a Type IV landfill. City shall mean the City of Fort Worth, Texas. Commission shall mean the Texas Commission of Environmental Quality (TCEQ). Compactor shall mean an enclosed metal container equipped with a hydraulic packing ram with a capacity from 15 to 35 yards and is designed to be pulled onto a rolloff vehicle. Composting Facility shall mean a Facility whose activities include the physical and/or biological processing of Acceptable Organic Materials to produce a market -ready product. Conflict of Interest shall mean any direct or or indirect interest, financial or otherwise, or engagement in a transaction, or obligation of any nature that is in substantial conflict with the proper discharge of Contractor's contractual duties and obligations under this Agreement. The parties recognize that Contractor is engaged in the business of collection, hauling, and disposal of waste and the ownership and operation of landfills, and that none of such activities conducted for other cities or other local governments, commercial or private concerns, shall in and of themselves constitute a conflict of interest. Construction and Demolition Waste (C&D) shall mean non -hazardous waste resulting from construction or demolition projects; includes all materials that are directly or indirectly the by-products of construction work or that result from demolition of buildings and other structures, including, but not limited to, paper, cartons, gypsum board, wood, excelsior, rubber, and plastics. Container shall mean a City provided container made of galvanized metal, plastic or other equally satisfactory material and designed to hold Solid Waste or Recyclables. Contractor shall mean Waste Management of Texas, Inc. Contractor's Representative shall mean a qualified, competent and reliable representative of Contractor involved in the oversight and/or administration of this Agreement. Day shall mean calendar day, unless otherwise specified. CFW Drop Off Station Agreement — Waste Management Page 2 of 20 Director shall mean that person whom the City has designated to be responsible for administering the City's Solid Waste services. Disposal shall mean dumping or depositing of Solid Waste into or onto a Disposal Facility so that the waste or any constituent thereof is introduced into the environment. Disposal Facility shall mean a sanitary landfill or other Solid Waste Disposal Facility permitted by the TCEQ and/or other applicable regulatory agency with jurisdiction and utilized for the receipt or final disposition of Solid Waste generated within the City. Drop -Off Station shall mean City facilities, which include a vehicle receiving area and various Solid Waste Containers and compactors, for deposit of selected materials so as to provide City residents with one -stop, drop-off service for deposit of Refuse, Garbage, Yard Waste, Brush, and Program Recyclable Materials. Environmental Collection Center shall mean the City Facility located at 6400 Bridge St., Fort Worth, Texas 76112 from which Contractor shall collect Solid Waste. Facility(ies) shall mean all contiguous land and structures, other appurtenances, buildings, landfills, and improvements on the land where Contractor delivers materials collected under this Agreement. Fort Worth C&D Landfill shall mean the Type IV Landfill owned and operated by Waste Connections, Inc. located at 4144 Dick Price Rd, Fort Worth, TX 76140. 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. Government, Approvals shall mean all licenses, permits, and approvals required from any Governmental Body for performance of the Contractor's obligations under this Agreement. Governmental Body shall mean, as appropriate, any one of several of any court of competent jurisdiction, the United State of America, the State of Texas and/or any appropriate jurisdiction over activities relating to the services provided for under the terms of this Agreement; or any agency, authority, regulatory body or subdivision of any of the above as may have jurisdiction over or power and authority to regulate the City, the Contractor, or the collection of Solid Waste and Recyclables. GVW shall mean gross vehicle weight Hazardous Waste shall mean any material identified or listed as a Hazardous Waste by the administrator of the United States Environmental Protection Agency pursuant to the federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, 42 USC, §6901 et seq, as amended or by the Texas Commission of Environmental Quality. Liquidated Damages shall mean the estimate of intangible or hard -to -define losses to the City. Material Recovery Facility shall mean the Facility where the City's Program Recyclable Materials are received, processed, sorted and baled for sale on secondary commodities markets. CFW Drop Off Station Agreement — Waste Management Page 3 of 20 Medical Waste shall mean waste generated by health -care -related facilities and associated with health-care activities, not including Garbage or Refuse generated from offices, kitchens, or other non - health -care activities. The term includes special waste from health care -related facilities which is comprised of animal waste, bulk blood and blood products, microbiological waste, pathological waste, and sharps as those terms are defined in 25 TAC § 1.132 (Definition, Treatment, and Disposition of Special Waste from Health -Care Related Facilities). The term does not include Medical Waste produced on farmland and ranchland as defined in Agriculture Code, §252.001(6) (Definitions -- Farmland or ranchland), nor does the term include artificial, nonhuman materials removed from a patient and requested by the patient, including but not limited to orthopedic devices and breast implants. Pedestrian Area Container shall mean a container authorized by the City for collection by a contractor placed in special areas. This Agreement does not include the collection by Contractor of Pedestrian Area Containers. Performance Bond shall mean a corporate surety bond that guarantees compensation to the City in the event that the City must assume the obligations or duties of the Contractor in order to continue the services defined in the Agreement. Person shall mean any individual, partnership, corporation, limited liability company, association, joint stock company, trust, estate, government entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all Governmental Bodies. Processing Facility shall mean a facility whose activities include, but are not limited to, the separation and preparation of Solid Waste for reuse or Disposal or separation and preparation of Yard Waste to produce a marketable commodity or product(s) for beneficial use. Putrescible Waste shall mean organic wastes, such as Garbage, wastewater treatment plant sludge, and grease trap waste, that is capable of being decomposed by microorganisms with sufficient rapidity as to cause odors or gases or is capable of providing food for or attracting birds, animals, and disease vectors. Recyclables shall mean material that has been recovered or diverted from the nonhazardous Solid Waste stream for purposes of reuse, Recycling, or reclamation, a substantial portion of which is consistently used in the manufacture of products, which may otherwise be produced using raw or virgin materials. Recyclables are not Solid Waste. However, Recyclables may become Solid Waste at such time, if any, as it is abandoned or disposed of rather than recycled, whereupon it will be Solid Waste with respect only to the party actually abandoning or disposing of the material. Refuse or Rubbish shall mean non-putrescible Solid Waste (excluding ashes) consisting of both combustible and non-combustible waste materials. Combustible Refuse includes paper, rags, cartons, wood, excelsior, furniture, rubber, plastics, yard trimmings, leaves, or similar materials; non- combustible Refuse includes glass, crockery, tin cans, aluminum cans, metal furniture, and similar materials that will not bum at ordinary incinerator temperatures (1,600 degrees Fahrenheit to 1,800 degrees Fahrenheit). Solid Waste shall mean any Garbage, Rubbish, Refuse, sludge from a wastewater treatment plant, water supply treatment plant, or air pollution control Facility, and other discarded material, including solid, liquid, semi -solid, or contained gaseous material resulting from industrial, municipal, commercial, mining, and agricultural operations and from community and institutional activities. The term does not include: CFW Drop Off Station Agreement — Waste Management Page 4 of 20 (A) 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; (B) 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; or (C) 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, §91.101, unless the waste, substance, or material results from activities associated with gasoline plants, natural gas liquids processing plants, pressure maintenance plants, or repressurizing plants and is Hazardous Waste as defined by the administrator of the United States Environmental Protection Agency under the federal Solid Waste Disposal Act, as amended by Resource Conservation and Recovery Act, as amended (42 USC §6901 et seq.), or (D) materials that are defined as special waste pursuant to Texas laws, regulations, or rules, which require special handling. Southeast Landfill (SELF) shall mean the City -owned landfill accepting Refuse, Garbage, Yard Waste, Brush or Bulky Items, located at 6288 Salt Road, Fort Worth, Texas. Special Event Material shall mean material generated from City sponsored events such as, but not limited to the "Great American Cleanup," "Concerts in the Garden," "Litter Stomp," and other approved neighborhood cleanup projects which produce Solid Waste and Recyclables. Ton shall mean a short ton of 2000 pounds Type IV Waste shall mean brush such as tree and shrub limbs and trimmings, C&D, and/or Refuse that are free of putrescible waste and free of household wastes. Unaccepted Load shall mean any load of materials that are contaminated or otherwise unacceptable for processing or disposal at a Facility. Unacceptable Waste shall mean (i) any and all waste, including, but not limited to, Hazardous Waste, special waste, Medical Waste and friable asbestos, the acceptance and handling of which by Contractor would cause a violation of any permit condition, legal or regulatory requirement, damage to Contractor's equipment or facilities (other than damage caused by Contractor's improper use of its equipment), or present a danger to the health or safety of the public or Contractor's employees, (ii) rock, (iii) tires, (iv) roofing material, and (v) construction debris (except for construction debris constituting Bulky Items). Unanticipated Events shall mean severe weather events such as hurricanes, tornadoes, floods, ice storms or hail, and other disasters such as fires, which may generate unexpected quantities of material. Uncontrollable Circumstances shall include "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 CFW Drop Off Station Agreement — Waste Management Page 5 of 20 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: (a) insolvency or inability to pay any amount; (b) inability to obtain any letter of credit, surety bond, payment or performance bond or any other security required by this Contract; (c) a public or private labor dispute relating to the collection, transportation or disposal of Solid 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 Agreement. Violation shall mean any 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. White Goods shall mean appliances such as refrigerators, stoves, washers, dryers and other large enameled appliances, which do not contain Polychlorinated Biphenyls (PCB) or CFC units and have been officially certified to that effect. Working Day shall mean Monday through Saturday and holidays, except New Year's Day, Thanksgiving Day, and Christmas Day and any other holidays mutually agreed to by the parties. Yard Waste shall mean leaves, yard trimmings, yard and garden debris, Christmas trees, and brush, including clean woody vegetative material not greater than four inches in diameter, which results from landscaping maintenance and land -clearing operations. The term does not include stumps, roots, or shrubs with intact root balls, and specifically excludes all Treated Wood 2. Scone of Contractor Services. Contractor agrees to provide transportation services for all roll -off containers and other containers containing Waste and Recyclables from Special Events, the City's Drop - Off Stations, and other places as designated by the Director to the City's designated Disposal Facility and/or Processing Facilities. The services that Contractor shall perform under this Agreement ("Services") are set forth in Exhibit "A," attached hereto and incorporated herein for allpurposes. 3. Term. This Agreement begins on April 1, 2023 ("Effective Date") and expires on March 31, 2030 ("Expiration Date"), unless terminated earlier in accordance with this Agreement ("Initial Term"). City shall have the right to renew this Agreement, for one (1) three-year renewal period (each a "Renewal Term"), provided that the City and Contractor agree in writing at least thirty (30) Days prior to the end of the initial term. All renewals shall be in writing and shall either (i) renew this Agreement on the same terms, conditions and fees as set forth herein; or (ii) amend this Agreement to revise the terms, conditions and fees as set forth herein. CFW Drop Off Station Agreement — Waste Management Page 6 of 20 4. Comuensation. 4.1 Pavment. City will pay Contractor in accordance with the provisions of this Agreement, including Exhibit "B", which is attached hereto and incorporated herein for all purposes. Contractor will not perform any additional services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City will not be liable for any additional expenses of Contractor not specified by this Agreement unless City first approves such expenses in writing. 4.2 Invoice. Contractor shall submit to the Director an invoice in the format provided in Exhibit "D" detailing monthly total activities, to include the services provided by Contractor under this Agreement. 5. Citv's Responsibilities 5.1 &Qpe. The City agrees to fulfill the following responsibilities as they relate directly to this Agreement and the Services that Contractor performs hereunder: (a) Provide all Containers, including roll -off containers and compactors, that Contractor will be collecting hereunder, except for Special Events where Contractor agrees to provide roll -off containers; (b) Designate the Authorized City Representative to provide timely direction to the Contractor(s) and render the City decisions. (c) Timely review and response, if necessary, to reports submitted by Contractor(s). (d) Make timely payments upon review and approval of invoices submitted by the Contractor(s) as described in this Agreement. (e) Determine, assess, and collect Liquidated Damages as determined by the Director or designee. (f) Provide to the Contractor(s) an invoice stating the actual cost of repairing or replacing damaged City -owned property in accordance with this Agreement. (g) Intentionally deleted. (h) Notify the Contractor when transportation Services are required. (i) Pay Facility(ies) directly for all tipping fees associated with delivery of material collected by Contractor under this Agreement on behalf of the City. The parties acknowledge that if a Facility is owned or operated by Contractor or a Contractor affiliate or subsidiary, then the City will pay Contractor or its affiliate or subsidiary Facility. (j) Monitor the personnel, equipment, and vehicle standards as described in this Agreement. (k) Manage the City's Drop -Off Stations and inform Contractor of complaints and work with the Contractor to resolve complaints regarding transportation of containers at the Drop -Off Stations. (1) Pay charges for any additional deliveries, and any special disposal costs or fees for deliveries requiring re-routing or the use of detours incurred due to the City's direction as provided in Exhibit "C" - Rates, or as otherwise agreed to by City and Contractor in writing. (m) Provide Solid Waste Containers (e.g. roll off containers) and, compactors at Drop -Off Station locations. (n) In the event of Solid Waste Containers and compactors damaged by Contractor's drivers, the City will provide the cost of repairs for reimbursement or an invoice to pay for repairs to the welding company. The repairs will be done upon an agreement between the City and Contractor. (o) Request provision of Solid Waste Containers and transportation of Special Event Materials or any other materials required by the City. CFW Drop Off Station Agreement — Waste Management Page 7 of 20 (p) Perform services in the case the Contractor is unable and provide an invoice to the Contractor for reimbursement of the full cost of Service. 6. Termination Rights. 6.1. Non-annronriation of Funds. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Contractor of such occurrence and this Agreement will terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. 6.2. Default. When a Party has defaulted on one or more material terms of this Agreement, the non - defaulting Party may terminate this Agreement on thirty (30) days' written notice where such default has not been cured by the defaulting party within such thirty (30) day period. If a Party makes a general assignment for the benefit of its creditors, files for bankruptcy relief, or has an involuntary bankruptcy petition filed against it, the other Party may terminate this Agreement upon three (3) days' written notice. In the event either Party waives default by the other Party, such waiver shall not be construed or determined to be a continuing waiver of the same or any subsequent breach or default. In the event of a default, the non -defaulting Party shall have the right to seek all available recourse to which it may be entitled by law or in equity, including, but not limited to, the right to all damages or losses suffered as a result of such termination. 6.3. Duties and Obligations of the Parties. In the event that this Agreement is terminated prior to the termination date, the City agrees to pay Contractor for services actually rendered up to the effective date of termination. Contractor will continue to provide City with services in accordance with this Agreement up to the effective date of termination, unless otherwise mutually agreed. 7. Uncontrollable Circumstance 7.1 Uncontrollable Circumstance affecting Contractor's Obligations. 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 first provide verbal notice of the Uncontrollable Circumstance to the Director within twenty-four (24) hours of Contractor's knowledge of such Uncontrollable Circumstance. Within three (3) Days of providing verbal notice, Contractor shall provide written notice 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. 7.2 Uncontrollable Circumstance affecting City's Obligation. City shall be excused for the failure to perform its obligations under this Agreement 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 Circumstance as soon as practicable. City shall first provide verbal notice of the Uncontrollable Circumstance to the Contractor within twenty-four (24) hours of City's knowledge of such Uncontrollable Circumstance. Within three CFW Drop Off Station Agreement — Waste Management Page 8 of 20 (3) Days of providing verbal notice, City shall provide written notice 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 Agreement. After the resolution of an Uncontrollable Circumstance and the restoration of services hereunder, City shall provide written notice of a reinstatement of services. 7.3 Limits to Liabilitv for Uncontrollable Circumstance. Neither Contractor nor the City shall be liable for the failure to perform their duties nor for any resultant damage, loss, etc., if such failure is caused by Uncontrollable Circumstances. 7.4 Termination Due to Uncontrollable Circumstance. If such Uncontrollable Circumstance persists for more than thirty (30) consecutive Days, or if after the Uncontrollable Event's cessation, the Contractor or the City is unable to render full or substantial performance for a period of thirty (30) Days, either party may terminate this Agreement by giving the non -performing party at least ten (10) Days advance written notice. 8. Disclosure of Conflicts and Confidential Information. 8.1 Disclosure of Conflicts. Contractor hereby warrants to 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 City in writing. 8.2 Confidential Information. Contractor, for itself and its officers, agents and employees, agrees that it will treat information provided to it by City that is proprietary and not subject to disclosure under the Texas Public Records Act ("City Information") as confidential and will not disclose any such information to a third party without the prior written approval of City. 8.3 Public Information Act. City is a government entity under the laws of the State of Texas and all documents held or maintained by City are subject to disclosure under the Texas Public Information Act. In the event there is a request for information marked Confidential or Proprietary, City will promptly notify Contractor. It will be the responsibility of Contractor to submit reasons objecting to disclosure. A determination on whether such reasons are sufficient will not be decided by City, but by the Office of the Attorney General of the State of Texas or by a court of competent jurisdiction. 9. Recordkeening. ReDorting, and ht to Audit. 9.1 Reports. Contractor(s) and/or subcontractor(s) shall create, maintain and make available detailed invoices using the format attached hereto as Exhibit D or as otherwise agreed to by the parties. The invoices shall serve as the monthly report. Contractor(s) shall submit all monthly invoices in electronic form (e.g., Excel, delimited text files) in accordance with Exhibit D. 9.2 Submittal and Retention. All invoices shall be submitted within ten (10) Days following the end of each calendar month. The Contractor(s) must retain all records related to the Contract(s) for the duration of the Contract(s) term and a period of five (5) years following expiration and/or termination of the Contract(s). 9.3 Information in Reports. The Contractor shall provide the following information: CFW Drop Off Station Agreement — Waste Management Page 9 of 20 (a) Report any damage to City -owned or private property as a result of conducting Service within two (2) hours of damage occurring. (b) Provide a written inventory of all vehicles and equipment used in providing Service, updating the inventory within fifteen (15) Days of any changes, and annually. The inventory shall list all vehicles and equipment by manufacturer, ID number, date of acquisition, type, and capacity (as applicable). 9.4 Right to Audit. Contractor agrees that City will, until the expiration of three (3) years after final payment under this Agreement, or the final conclusion of any audit commenced during the said three years, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records, including, but not limited to, all electronic records (Collectively, "Records"), of Contractor involving the services provided by Contractor under this Agreement at no additional cost to City; except that the City shall not be allowed to have access to any Contractor Records that are confidential or proprietary. Contractor agrees that City will have access during normal working hours to all necessary Contractor facilities and will be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City will give Contractor reasonable advance notice of intended audits. 10. Indenendent Contractor. It is expressly understood and agreed that Contractor will operate as an independent contractor as to all rights and privileges and work performed under this Agreement, and not as agent, representative or employee of City. Subject to and in accordance with the conditions and provisions of this Agreement, Contractor will 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 superior will not apply as between City, its officers, agents, servants and employees, and Contractor, its officers, agents, employees, servants, contractors, and subcontractors. Contractor further agrees that nothing herein will be construed as the creation of a partnership or joint enterprise between City and Contractor. It is further understood that City will in no way be considered a Co -employer or a Joint employer of Contractor or any officers, agents, servants, employees, contractors, or subcontractors. Neither Contractor, nor any officers, agents, servants, employees, contractors, or subcontractors of Contractor will be entitled to any employment benefits from City. Contractor will be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its officers, agents, servants, employees, contractors, or contractors. 11. Liability and Indemnification. ILL LIABILITY — CONTRACTOR, AND ANY SUBCONTRACTOR THAT IS HIRED BY CONTRACTOR TO PROVIDE SERVICES UNDER THIS AGREEMENT, WILL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCL UDING DEATH, TO ANYAND ALL PERSONS, OFANY 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, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS IL2 GENERAL INDEMNIFICATION- CONTRACTOR HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTSAND EMPLOYEES, FROMANDAGAINSTANYANDALL CLAIMS OR LAWSUITS OFANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR CFW Drop Off Station Agreement — Waste Management Page 10 of 20 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, ARISING OUT OF OR IN CONNECTION WITH THIS A GREEMENT, TO THE EXTENT CAUSED BYTHE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS. 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 INA MANNER CONSISTENT WITH THIS SECTION. 11.3 NOTICE OF CLAIM — UPON LEARNING OF A CLAIM, LAWSUIT, OR OTHER LIABILITY WHICH CONTRACTOR IS REQUIRED HEREUNDER TO INDEMNIFYAND/OR DEFEND, THE CITY SHALL PROVIDE CONTRACTOR WITH PROMPT AND TIMELY NOTICE OF SAME. 11.4 SURVIVAL — 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. 12. Assignment and Subcontracting. 12.1 Assignment. Contractor will not assign or subcontract any of its duties, obligations or rights under this Agreement without the prior written consent of City, which shall not be unreasonably withheld, conditioned, or delayed. If City grants consent to an assignment, the assignee will execute a written agreement with City and Contractor under which the assignee agrees to be bound by the duties and obligations of Contractor under this Agreement. Contractor will be liable for all obligations of Contractor under this Agreement prior to the effective date of the assignment. 12.2 Subcontract. If City grants consent to a subcontract, the subcontractor will execute a written agreement with Contractor referencing this Agreement under which subcontractor agrees to be bound by the duties and obligations of Contractor under this Agreement as such duties and obligations may apply. Contractor must provide City with a fully executed copy of any such subcontract. 13. Insurance. Contractor must provide City with certificate(s) of insurance documenting policies of the following types and minimum coverage limits that are to be in effect prior to commencement of any Services pursuant to this Agreement: 13.1 Coverage and Limits (a) Commercial General Liability: $2,000,000 -Each Occurrence $5,000,000 -Aggregate $10,000,000 — Excess The above coverage may be provided by a combination of primary and Umbrella Excess Liability insurance. (b) Automobile Liability: CFW Drop Off Station Agreement — Waste Management Page 11 of 20 $2,000,000 - Each occurrence on a combined single limit basis Coverage will be on any vehicle used by Contractor, or its employees, agents, or representatives in the course of providing Services under this Agreement. "Any vehicle" will be any vehicle owned, hired and non -owned. (c) Worker's Compensation: Statutory limits according to the Texas Workers' Compensation Act or any other state workers' compensation laws where the Services are being performed (d) Employers' liability $500,000 - Bodily Injury by accident; each accident/occurrence $500,000 - Bodily Injury by disease; each employee $500,000 - Bodily Injury by disease; policy limit (e) Environmental Impairment Liability (EIL) and/or Pollution Liability - $2,000,000 per occurrence. EIL coverage(s) must be included in policy listed in item a; or, such insurance shall be provided under separate policy(s). Liability for damage occurring while unloading and transporting materials collected under the contract shall be included under the Automobile Liability insurance or other policy(s). 13.2 General Reauirements (a) The commercial general liability and automobile liability policies must name City as an additional insured thereon, as its interests may appear. The term City includes its employees, officers, officials, agents, and volunteers in respect to the contracted services. (b) The workers' compensation policy must include a Waiver of Subrogation (Right of Recovery) in favor of City. (c) A minimum of Thirty (30) Days' notice of cancellation or reduction in limits of coverage must be provided to City. Ten (10) Days' notice will be acceptable in the event of non- payment of premium. Notice must be sent to the Risk Manager, City of Fort Worth, 200 Texas Street, Fort Worth, Texas 76102, with copies to the Fort Worth City Attorney at the same address. (d) The insurers for all policies must be licensed and/or approved to do business in the State of Texas. All insurers must have a minimum rating of A- VII in the current A.M. Best Key Rating Guide, or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of Risk Management is required. (e) Any failure on the part of City to request required insurance documentation will not constitute a waiver of the insurance requirement. (f) Certificates of Insurance evidencing that Contractor has obtained all required insurance will be delivered to the City prior to Contractor proceeding with any work pursuant to this Agreement. CFW Drop Off Station Agreement — Waste Management Page 12 of 20 (g) 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. (i) The deductible or self -insured retention (SIR) on any policy is the responsibility of the Contractor. 14. Liauidated Daman 14.1 Annlication. For the purpose of computing damages for Contractor's failure to remedy an action or inaction listed below, it is agreed that the City may deduct from payments due to Contractor(s) or to become due to Contractor. Liquidated Damages listed herein are subject to the cost adjustments resulting in upward adjustments of the rates for each Service (e.g., liquidated damage values are only subject to increase as a result of cost adjustments), except that such Liquidated Damages shall not apply during an Uncontrollable Circumstance or during the fast three months of this Agreement term: (a) Failure of Contractor to timely submit monthly invoices as required by this Agreement: Two Hundred Dollars ($200.00) per occurrence. (b) Contractor's failure to timely notify the Authorized City Representative of Contractor changes in the role of District Manager and Public Sector Manager: One Hundred Dollars ($100.00) per occurrence. (c) Chronic failure of Contractor to provide and maintain sufficient labor, vehicles and equipment or required licenses and permits necessary to perform the services required by this Agreement: Five Hundred Dollars ($500.00) per occurrence. (d) Failure to notify the City of damage caused by and known to Contractor to City -owned or private property within three Days of the occurrence: Two Hundred Fifty Dollars ($250.00) per occurrence. (e) Failure to complete collection for any material during the Days and times specified in this Agreement without prior approval by the Authorized City Representative, except as otherwise allowed in this Agreement: One Hundred Dollars ($100.00) per occurrence. (f) Failure to clean up spilled material Contractor collected from properly loaded containers and roll -offs: One Hundred Dollars ($100.00) per occurrence. (g) Failure to deliver material Contractor collects under this Agreement to a Facility as directed by the City and allowed under this Agreement: One Hundred Dollars ($100.00) per occurrence. (h) Failure of Contractor(s) to commence work operations within the Monday through Saturday timeframe set out in Exhibit A., Section B.4.c: One Hundred Dollars ($100.00) per occurrence. (i) Contractor's Disposal of Program Recyclable Materials or Acceptable Organic Materials at a Facility that is not approved or designated by the City under this Agreement, except as may be allowed or authorized by the City Representative: Two Hundred Dollars ($200.00) per occurrence. CFW Drop Off Station Agreement — Waste Management Page 13 of 20 0) Commingling of separate Refuse, Garbage, Bulky Items, Program Recyclable Materials, and/or Acceptable Organic Materials in the same vehicle with material collected from outside the City without approval in writing by the Authorized City Representative: One -Thousand dollars ($1,000.00) per occurrence. 15. Letter of Credit or Performance Bond 15.1 General Reauirements. (a) The Contractor shall make, execute and deliver to the City a good and sufficient letter of credit (preferred) or performance bond (alternate) to secure the full, complete and faithful performance of the terms and conditions. Such letter or credit or performance bond shall be in an amount based on twelve (12) months projected fees for each component of Service and shall be renewed each year thereafter throughout the term of this Agreement. (b) The letter of credit shall be an irrevocable direct pay letter of credit issued by a U.S. bank whose long-term debt is rated "A" or better by a Rating Service and which maintains a banking office in the State of Texas. The letter of credit shall be continuously renewed, extended or replaced so that it remains in effect over the life of this Agreement, including all renewal terms and until one hundred and eighty (180) Days after the termination of this Agreement. The letter of credit shall be issued in the form acceptable to the City. (c) Contractor may offer a performance bond as an alternate to a letter of credit. The performance bond shall be signed by the President or other authorized representative of the Contractor, together with the signature of the corporate secretary. The surety shall be a surety company duly authorized to do business in the State of Texas; having an "A" or better rating by A. M. Best or Standard and Poors; included on the list of surety companies approved by the Treasurer of the United States of America; and acceptable to the Contractor and the City. 16. Pavment Disnute. If a party disputes any amount that is payable under this Agreement, the party disputing such amount 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. The parties shall work in good faith to resolve the dispute within 45 days of the date the receiving party receives notice of the dispute. If the amount that is in dispute is ultimately determined to be due and payable, such disputed amount, together with interest thereon, shall be paid by the party disputing such amount within ten (10) business days. If the parties cannot resolve the dispute within 45 days, then the parties agree to mediate the dispute no later than 120 days after the receiving party received initial notice of the dispute. If the parties remain unable to resolve the dispute at mediation, then either party may pursue their claim, dispute or controversy in a court with proper venue in the county of Tarrant, Texas. 17. Alternative Disnute Resolution. The parties shall endeavor to settle all disputes arising out of or relating to this Agreement by amicable negotiations. Except as otherwise provided herein, any claim, dispute, disagreement or controversy that arises between the parties under or relating to this Agreement that is not amicably settled shall be submitted to mediation. If the parties remain unable to resolve the controversy through mediation, then either party may pursue their claim, dispute, disagreement or controversy in a court with proper venue in the county of Tarrant, state of Texas, within which the services are being performed. Nothing herein shall be construed as a waiver or surrender of the City's governmental power or immunity._ 18. Compliance with Laws. Ordinances. Rules and Regulations. Contractor agrees that in the performance of its obligations hereunder, it will comply with all applicable federal, state and local laws, ordinances, rules and CFW Drop Off Station Agreement — Waste Management Page 14 of 20 regulations and that any work it produces in connection with this Agreement will also comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies Contractor of any violation of such laws, ordinances, rules or regulations, Contractor must immediately desist from and correct the violation. 19. License. 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 for Contractor to perform the Services. 20. Unaccentable Waste and Title to Waste 20.1 Transport. Contractor shall not knowingly transport, nor be required to transport for disposal, Unacceptable Waste. The Contractor is not responsible or liable for any Unacceptable Waste that may have been placed in containers while housed on the City's property. If Contractor happens to observe Unacceptable Waste in a container before Contractor has dumped the container into a Contractor vehicle, then Contractor will leave the container at its original location and notify the Director immediately of the location and provide the Director with a description of such waste. At no time shall Contractor have title or ownership to any Unacceptable Waste collected or transported by Contractor under this Agreement. 20.2 Risk of Loss and Responsibility. Title to, and risk of loss and responsibility for, all waste or other materials under this Agreement, 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 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: (a) Refuse to pickup and transport such Unacceptable Waste if Contractor observes the Unacceptable Waste in a container prior to dumping the container contents into Contractor's vehicle or loading the container onto Contractor's vehicle; or (b) If Contractor does not observe such Unacceptable Waste and Contractor collects, transports, and/or delivers any material containing Unacceptable Waste to a Facility, the City shall compensate, pay, or reimburse Contractor for all costs, expenses, damages, penalties, or fines Contractor incurs arising from or related to the collection, transport, delivery or disposal of such Unacceptable Waste. 21. Non -Discrimination Covenant. Contractor, for itself, its personal representatives, assigns, contractors, subcontractors, and successors in interest, as part of the consideration herein, agrees that in the performance of Contractor's duties and obligations hereunder, it will 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, CONTRACTORS, SUBCONTRACTORS, OR SUCCESSORS IN INTEREST, CONTRACTOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM. 22. Notices. Notices required pursuant to the provisions of this Agreement will 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, return receipt requested, addressed as follows: CFW Drop Off Station Agreement — Waste Management Page 15 of 20 To CITY: City of Fort Worth Attn: Valerie Washington 200 Texas Street Fort Worth, TX 76102-6314 Facsimile: (817) 392-8654 To CONTRACTOR: Waste Management of Texas, Inc. Attn: Public Sector Director 520 E. Corporate, Suite 100 Lewisville, TX 75067 With a copy to: With copy to Fort Worth City Attorney's Office at Waste Management of Texas, Inc. same address Attn: Area Legal Counsel 800 Capitol, Suite 3000 Houston, TX 77002 23. Governmental Powers. It is understood and agreed that by execution of this Agreement, City does not waive or surrender any of its governmental powers or immunities. 24. Cumulative Remedies. The rights and remedies granted in this Agreement 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 Agreement. 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. 25. Remedies for Breach. The parties agree that, except as otherwise provided in this Agreement 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 Agreement under the security instruments and under the 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 Agreement for cause except upon the occurrence of Default under section 6.2. of this Agreement unless otherwise expressly stated herein. 26. No Waiver. The failure of City or Contractor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein does not constitute a waiver of City's or Contractor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 27. Governing Law / Venue. This Agreement will be construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such action will lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort WorthDivision. 28. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. 29. Force Maieure. City and Contractor will exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but will not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, 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; epidemics or pandemics; government action or inaction; orders of government; material or labor restrictions by any governmental authority; transportation problems; restraints or prohibitions by any court, board, department, commission, or agency of the United States or of any States; civil disturbances; other national or regional emergencies; or any other similar cause not enumerated herein but CFW Drop Off' Station Agreement — Waste Management Page 16 of 20 which is beyond the reasonable control of the Party whose performance is affected (collectively, "Force Majeure Event"). The performance of any such obligation is suspended during the period of, and only to the extent of, such prevention or hindrance, provided the affected Party provides notice of the Force Majeure Event, and an explanation as to how it prevents or hinders the Party's performance, as soon as reasonably possible after the occurrence of the Force Majeure Event. The notice required by this section must be addressed and delivered in accordance with the Notice provision of this Agreement. 30. Headings not Controlling. Headings and titles used in this Agreement are for reference purposes only, will not be deemed a part of this Agreement, and are not intended to define or limit the scope of any provision of this Agreement. 31. 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 will not be employed in the interpretation of this Agreement or Exhibits attached to this Agreement. 32. Amendments / Modifications / Extensions. No amendment, modification, or extension of this Agreement will be binding upon a party hereto unless set forth in a written instrument, which is executed by an authorized representative of each party. 33. Counternarts. This Agreement may be executed in one or more counterparts and each counterpart will, for all purposes, be deemed an original, but all such counterparts will together constitute one and the same instrument. 34. Warranty of Services. Contractor warrants that its services will be of a high quality and conform to generally prevailing industry standards. City must give written notice of any breach of this warranty within thirty (30) Days from the date that the services are completed. In such event, at Contractor's option, Contractor will either (a) use commercially reasonable efforts to re -perform the services in a manner that conforms with the warranty, or (b) refund the fees paid by City to Contractor for the nonconforming services. 35. Immigration Nationality Act. Contractor must verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by City, Contractor will provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Contractor must adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Contractor employee who is not legally eligible to perform such services. CONTRACTOR WILL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR AGENTS. City, upon written notice to Contractor, will have the right to immediately terminate this Agreement for violations of this provision by Contractor. 36. mature Authoritv. The person signing this Agreement hereby warrants that they have 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. This Agreement and any amendment hereto, may be executed by any authorized representative of Contractor. Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. 37. Change in Comnanv Name or Ownershin. Contractor must notify City's Purchasing Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records. The president of Contractor or authorized official must sign the letter. A letter indicating changes in CFW Drop Off Station Agreement — Waste Management Page 17 of 20 a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9, documents filed with the state indicating such change, copy of the board of director's resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the specified documentation so may adversely impact future invoice payments. 38. No Bovcott of Israel. If Contractor has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. Contractor acknowledges that in accordance with Chapter 2271 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the companythat it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" has the meanings ascribed to those terms in Section 2271 of the Texas Government Code. By signing this Agreement, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the Agreement. 39. Prohibition on Bovcotting Energy C Qmoanies. Contractor acknowledges that, in accordance with Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 40. Compliance with Public Information Act Reauests. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this Agreement and Contractor agrees that the Agreement can be terminated if Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. Contractor acknowledges that section 552.371 of the Texas Government Code applies to this Agreement if. (1) this Agreement has a stated expenditure of at least $1 million in public funds for the purchase of good or services by the City; or (2) this Agreement results in the expenditure of at least $1 million in public funds for the purchase of goods or services by the City in a fiscal year of the City. To the extent that section 552.371 of the Texas Government Code applies to this Agreement, Contractor shall comply with section 552.372 of the Texas Government Code by: (1) preserving all contracting information relating to this Agreement as provided by the records retention requirements applicable to the City for the duration of the Agreement; (2) promptly providing the City any contracting information related to this Agreement that is in the custody or possession of Contractor on request of the City; and (3) on completion of the Agreement, either (a) providing at no cost to the City all contracting information related to the Agreement that is in the custody or possession of Contractor; or (b) preserving the contracting information relating to the Agreement as provided by the retention requirements application to the City. 41. Prohibition on Discrimination Against Firearm and Ammunition Industries. Contractor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade CFW Drop Off Station Agreement — Waste Management Page 18 of 20 association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. 42. Electronic Signatures. This Agreement may be executed by electronic signature, which will be considered as an original signature for all purposes and have the same force and effect as; an original signature. For these purposes, "electronic signature" means electronically scanned and transmitted versions (e.g. via pdf file or facsimile transmission) of an original signature, or signatures electronically inserted via software such as Adobe Sign. 43. Entirety of Agreement. This Agreement, including all attachments and exhibits, contains the entire understanding and agreement between 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. [SIGNATURE PAGE TO FOLLOW] CFW Drop Off Station Agreement — Waste Management Page 19 of 20 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples. ACCEPTED AND AGREED: CITY OF FORT WORTH: By: Name: Valerie Washington Title: Assistant City Manager APPROVAL RECOMMENDED: By: _ k -� Name: J es K zell a �000 Title: Assist Direct r of Cptm mni ATTEST: d1 W P� By: Name: Goodall Title: ty Secretary WASTE MANAGEMENT OF TEXAS, INC. By. /� tiY►tmstit,�A Iti►ri�`-� Name: Domenica Farmer Title: _pregmer t Date: .5-8 20 Z CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Name: Chftian Harper Title: Contract Services Administratro AS TO FORM AND LEGALITY: dAA mine: Christopher A tria 4itle: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 23-0149 1293: WA OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CFW Drop Of Station Agreement - Waste Management Page 20 of 26 A. SCOPE OF SERVICES 1. Services (a) This section provides an overview of the technical specifications for all components of Service from Contractor: i. Transportation of Solid Waste Containers from Drop -Off Stations to the City's designated Disposal Facility and/or Processing Facilities. ii. Transportation of Solid Waste Containers from Special Events and collection of Special Event Material to the City's designated Disposal Facility and/or Processing Facilities. (b) The Contractor shall provide all required equipment and perform, at its expense, any and all components of service included in this Agreement. 2. Days and Hours of Onerations (a) The Contractor shall perform Services during the days and hours described herein including days with inclement weather, unless the Director informs Contractor(s) of a suspension of service or Contractor informs the Director or Authorized City Representative that Contractor will suspend or delay Services due to inclement weather. An exception to these normal days and hours of operations may be requested by the Contractor(s) from the Authorized City Representative when special or unforeseen incidents occur. The Contractor(s) shall adjust Days and hours of operations during holiday weeks. (b) Collection and transportation of materials collected from Drop -Off Stations will occur during normal business hours. Contractor has the right to obtain broader hours of access to the City's Drop Off Stations upon request to the City, which may include the City providing Contractor with a key or code to gain such access to the station. The City typically requests Service, including provision and transportation of Solid Waste Containers or Special Event Material or other on -call Services included in scope of Services, between the hours of seven (7) a.m. and seven (7) p.m. on Monday through Friday and from seven (7) a.m. until five (5) p.m. on Saturdays. The City may occasionally request Services from the Contractor at other hours so long as such request does not cause violation of Department of Transportation regulations or other Applicable Laws and Contractor must agree to provide such Services. (c) Contractor shall not be obligated to provide Service on New Year's Day (January 1), Thanksgiving Day (Fourth Thursday in November) and Christmas Day (December 25). Holidays may be added, deleted or changed upon the mutual written Agreement of the Director and Contractor. During the calendar week of each of these holidays, Contractor shall revise their operating schedule for one or more components of Service to ensure that any requests for Services submitted by the City on a holiday shall be executed within twenty-four (24) hours of resuming regular hours of operation after the holiday. 3. Collection locations Exhibit A Page 1 of 6 The collection location(s) where Contractor shall provide its collection Services shall be as follows: (a) At the following Drop-off Stations: i. Brennan Drop -Off Station: 2400 Brennan Avenue, Fort Worth, Texas, 76106 ii. Southeast Drop -Off Station: 5150 Martin Luther King Freeway, Fort Worth, Texas, 76119 iii. Old Hemphill Road Drop -Off Station: 6260 Old Hemphill Road, Fort Worth, Texas, 76134 iv. Hillshire Drop -Off Station: 301 Hillshire Drive, Fort Worth, Texas, 76052 v. Environmental Collection Center: 6400 Bridge Street, Fort Worth, Texas, 76112 (b) Any future Drop -Off Stations developed by the City by mutual written agreement with Contractor. (c) Special Events identified in Exhibit H and other Special Events located within the City limits as requested by City upon giving Contractor at least thirty (30) days advance written notice of the location, date and duration of the Special Event, the number and size of waste containers needed, the frequency of service, and agreement by the parties as to the prices Contractor shall charge and the City shall pay for such services and equipment. 4. Designated Service Area Provision of collection services by Contractor shall be within the incorporated limits of the City. 5. Delivery of Collected Materials to Facilities (a) All materials collected by Contractor through the provision of Services, unless otherwise determined by the Authorized City Representative, shall be delivered to the following facilities as directed by City personnel at the Drop -Off Stations: (i) The Contractor shall deliver Garbage and Refuse for disposal to the Southeast Landfill located at 6288 Salt Road, Fort Worth, TX 76140 (SELF). If the SELF is unable to accept such material, at any time during the term of this Agreement, the City shall designate an alternative Disposal Facility to which the Contractor(s) shall deliver such materials. (ii) The Contractor shall initially deliver Program Recyclable Materials to the Materials Recovery Facility located at 1923 Meridian, Arlington, Texas and once Contractor's affiliate constructs and opens a new Materials Recovery Facility within the City, Contractor shall deliver the materials to that Facility. If, at any time during the term of this Agreement, the designated Material Recovery Facility is unable to accept any or all Program Recyclable Materials, the City shall designate an alternative Facility to which the Contractor(s) shall deliver such materials at a mutually agreed upon rate. (iii) The Contractor(s) shall deliver Acceptable Organic Materials to the Composting Facility located at the SELF. The Fort Worth Southeast Landfill is located at 6288 Salt Road, Fort Worth, TX 76140. Any Acceptable Organic Materials comingled with Refuse, Garbage, Bulky Items, Program Recyclable Materials, or C&D materials shall not be delivered to the Composting Facility. If the Contractor(s) is unable to utilize the designated Composting Facility to deliver Acceptable Organic Exhibit A Page 2 of 6 Materials, at any time during the term of this Agreement, the City shall designate an alternative Facility to which the Contractor(s) shall deliver such materials. (iv) The Contractor shall deliver comingled Bulky Items and collected C&D materials to the Fort Worth C&.D Landfill, located at 4144 Dick Price Road, Kennedale, Texas. If the Fort Worth C&D Landfill is unable to accept such materials, the Contractor(s) shall deliver such materials to the alternative Facility designated by the City. 6. Additional Consideration for Alternative Facilitv(ies) for Delivery of Materials (a) If, at any time during the term of this Agreement, the City or Contractor designates an Alternative Facility for delivery of materials, consideration for increased fees payable to the Contractor(s) by the City shall be as follows: (i) If an alternative Facility is designated by the City for delivery of material collected and transported by the Contractor, the Contractor(s) may request changes in the price to be paid by the City to Contractor. The change in price shall be directly proportional to the charge per mile from the existing Facility and applied to the distance of the alternative Facility, or as otherwise agreed between the City and Contractor(s). If the parties cannot agree on changes in price to be charged to and paid by the City to Contractor, the City may issue an RFP and terminate the Contract(s) as described in Section 6.2. ii) The cost of disposal at an alternative Facility shall be paid directly by the City. B. CONTRACTOR STANDARDS 1. Personnel Standards. Contractor and/or subcontractor(s) shall require the following standards for any personnel required to provide any and all components of Service: (a) Contractor shall furnish such qualified drivers, mechanical, supervisory, clerical and other personnel as may be necessary to provide any and all components of Service required in a safe, economical and efficient manner. All drivers and equipment operators shall be trained and qualified in the operation of vehicles or equipment being used to perform the Services. Contractor's personnel must have and maintain valid licenses to perform the component of Services including, as necessary, a Commercial Driver's License of the appropriate class issued by the Texas Department of Public Safety. (b) Contractor shall provide operational and safety training for employees who utilize or operate vehicles or equipment under this Agreement. (c) Contractor(s) shall not, nor shall it permit its employees to, demand or solicit, directly or indirectly, any additional compensation or gratuity from members of the public for Service provided under this Agreement. (d) Contractor(s) shall use its best efforts to assure that all employees present a neat appearance and conduct themselves in a courteous manner. Contractor(s) shall regularly train its employees in customer courtesy, shall prohibit the use of loud or profane language, and shall instruct collection crews to perform the work as quietly as possible. If any employee is found not to be courteous or not to be performing any and all components of Service in the manner required by this Agreement, Contractor shall take all appropriate corrective measures. If City has notified Contractor of a complaint Exhibit A Pape 3 of 6 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) All employees of the Contractor performing work under this Agreement shall be uniformed, showing their association with the Contractor while operating in the field. 2. Litter. Odor. Noise and Other Nuisances (a) The Contractor and/or subcontractor(s) shall conduct equipment operations as quietly as reasonably possible and shall conform to applicable Federal, State, County and City noise level regulations. (b) Contractor(s) shall use due care to prevent Refuse, Garbage, Bulky Items, Acceptable Organic Materials, Recyclables and all other material collected from being spilled or scattered during the transportation process. If any Refuse, Garbage, Acceptable Organic Materials, or Recyclables properly loaded and contained are spilled during collection, the Contractor shall promptly clean up all spilled materials before leaving the site where the spill occurred. Each vehicle shall carry all necessary equipment, including a broom and shovel, at all times for this purpose. Contractor is not responsible for any spillage resulting from overloaded or overfilled containers or roll -off boxes, including material placed on the lid of a container. 3. Care of Citv-Owned Property (a) The Contractor(s) shall use due care when handling Solid Waste Containers. Solid Waste Containers shall be returned to the collection point in the same location and orientation as they were placed when collected. (b) If the Contractor or its subcontractor(s) damages or removes the City's real or personal property, the Contractor(s) shall compensate the City for the cost of repair or replacement, whichever the City determines is appropriate under the circumstances. In such event, the City will provide to the Contractor an invoice stating the actual cost of repairing or replacing the damaged property. The Contractor shall provide payment of the invoiced amount within thirty (30) Days of its receipt of said invoice. Should the Contractor refuse to compensate the City for the damage incurred, the invoiced amount shall be withheld from the amount payable to the Contractor for services rendered. This provision does not waive or diminish the City's right to pursue any and all legal remedies to collect for damages caused by the Contractor or its subcontractor(s). 4. Collection Performance Standards. As part of the Services, the Contractor shall perform any and all components of Service in accordance with the following collection performance standards and requirements: (a) In accordance with industry standards the Contractor(s) shall transport all Solid Waste Containers from the City's Drop -Off Stations and other locations as requested by the City, to the City -designated Facility. (b) The City reserves the right to develop Drop -Off Stations in the future, and any future additional Drop -Off Stations shall be serviced by the Contractor(s) at prices agreed to in writing by the parties before Contractor begins providing such services. Exhibit A Page 4 of 6 (c) Contractor shall provide three collection trucks and three drivers from Monday through Saturday to provide services at the Drop -Off Stations from seven (7) a.m. to four (4) p.m. Contractor shall initiate all hauls within two (2) hours after a request by the City has been made unless doing so would cause the Contractor to violate any Applicable Law or unless the City -designated Facility(ies) for any collected materials will no longer accept the material at the expected arrival time of the load. Upon such instance, the load will be picked up no later than thirty (30) minutes after the start of the City - designated Facility operating hours on the next working day. The Contractor shall maintain a staffed office during Working Days. (d) Solid Waste Containers containing any Unacceptable Waste shall be transported by Contractor to another appropriate destination designated by the City only if Contractor is or permitted to collect and transport the type of Unacceptable Waste in the Solid Waste Container. Disposal of Program Recyclable Materials or Acceptable Organic Materials by the Contractor shall be prohibited unless the designated Facility refuses to accept the load due to contamination or as otherwise allowed by this Agreement or the City's contract(s) with any designated Facility. (e) All transportation shall be executed in the most safe, efficient and expedient manner possible. The Contractor shall respond to requests by the City for transportation services submitted by the City on a holiday within 24 hours of resuming regular hours of operation after the holiday. (f) Solid Waste Container Exchange. On most busy days, the exchange of Solid Waste Containers will be required (replace a full container in line from an empty one on -site). Container exchanges are currently required approximately 20 times per week among all the Drop -Off Stations. Exhibit C contains the initial rate to be charged to the City for the Solid Waste Container Exchange services (i) If Contractor's vehicles are on the site of the Drop Off Station when this exchange is required; or (ii) If an exchange needs to be made, and the Contractor does not have a truck on the site of the Drop Off Station where the exchange is needed; or (iii) As otherwise agreed to by City and Contractor in writing; however, if the actual time will clearly exceed the estimate represented in these charges due to site -specific problems or circumstances, then Contractor may call that fact to the attention of the City and obtain verbal agreement for a higher charge that will be agreed to by the City and Contractor prior to providing the Service. 5. Periodic Review of Performance Parameters (a) Contractor shall periodically review the performance parameters under this Agreement with the intention of determining whether Services are being provided in the most safe, efficient and expedient manner possible. (b) To review if Services are being provided in the most safe, efficient and expedient manner possible, the Authorized City Representative will assign a City staff member to audit the Contractor by following the Contractor's vehicle from the time the Contractor is notified that transportation services are needed to delivery of material at the designated Facility to confirm that Services are being provided in the most efficient and expedient manner possible. Exhibit A Page 5 of 6 6. Vehicles and EaUinment Standards (a) Contractor shall provide a fleet of roll -off vehicles or other vehicle types sufficient in number and capacity to perform the work required by any and all component of Service, as applicable, including any requirements for data collection, documentation and reporting related to service verification and in -field re-routing. (b) The Contractor shall permit the Authorized City Representative or otherwise assigned City personnel to inspect all vehicles to be used to provide any and all components of Service no later than thirty (30) Days before the Commencement Date of this Agreement and each year Agreement year thereafter. (c) The City prefers, but does not require, the Contractor to utilize vehicles or equipment containing Alternative Fuel engines. The City has a preference to minimize emissions from vehicles used in the performance of any component of Services, including the use Renewable Natural Gas (RNG) in addition to conventional fossil -derived Compressed Natural Gas (CNG). (d) All vehicles and equipment used by Contractor in providing transport of materials under this Agreement shall be in good repair and designed to prevent leakage, spillage or overflow. The average age of each type of vehicle and equipment utilized by the Contractor shall not exceed eight (8) years, and no vehicle or equipment shall be more than twelve (12) years of age. Any vehicle reaching twelve (12) years of age during the term of this Agreement shall be taken out of service. (e) Contractor shall use an appropriately -designed truck and qualified driver for the pick-up and hauling of City Solid Waste Containers from Drop -Off Stations to the designated Facility(ies). All vehicles and equipment utilized for any and all components of Service shall comply with U.S. Environmental Protection Agency noise emission regulations and other applicable noise control regulations. Contractor shall also ensure that Gross Vehicle Weight (GVW) of all vehicles, even when loaded, does not exceed vehicle license limitations to protect the roadways of the City; however, City personnel are loading containers with materials for Contractor to collect and City personnel shall not overload or overfill containers, by weight or volume. City shall be responsible for off-loading and storing sufficient material so that such license limitations are not exceeded in the case that a Solid Waste Container or Contractor's vehicle once loaded exceeds weight limitations. (f) All equipment, tools, and machinery used for handling materials and executing any component of Service shall be subject to the reasonable approval by the Authorized City Representative and shall be maintained in satisfactory condition. Equipment used by Contractor and/or subcontractor(s) shall be such that no injury to workers or property should result from its proper use. Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work and Services performed under this Agreement. Contractor shall provide reasonable protection to prevent property loss or damage and/or personal injury to persons, including but not limited to, employees performing such work and all other persons who may be affected thereby. Exhibit A Page 6 of 6 PAYMENT SCHEDULE AND RATE ADJUSTMENT A. INVOICING AND PAYMENT SCHEDULE 1. Pavment (a) The rates in Exhibit C - Rates shall remain effective until the first Agreement cost adjustment date. Within fifteen (15) Days of the end of each month during which Service is provided by the Contractor, Contractor shall submit to the Director, or the appointed City contact, a monthly report and invoice for monthly payments due to the Contractor as well. Payment shall be made to the Contractor within thirty (30) Days of receipt and approval by City of the Contractor's final monthly statement of Service provided. 2. Invoice Reauirements (a) The Contractor's monthly invoice shall be based on the following for each component of Service: (i) The number of hauls of Solid Waste Containers (roll -off containers and compactors) for transportation from each of the City's Drop -Off Station(s) and the ECC, multiplied by the applicable rate as provided in Exhibit C, or as otherwise agreed to by the City and Contractor in writing. (ii) The number of hauls required to transport Solid Waste Containers containing Special Event Material multiplied by the applicable rate as provided in Exhibit C, or as otherwise agreed to by the City and Contractor in writing. (iii) The number of vehicle On -Site and vehicle Off -Site container exchanges made by Contract multiplied by the applicable rate as provided in Exhibit C, or as otherwise agreed to by the City and Contractor in writing. (iv) The Contractor's monthly invoice shall also deduct any Liquidated Damages, unless being disputed by Contractor, assessed by the City and/or reimbursement required for provision of Service by the City in the case the Contractor(s) are unable to perform Service. B. ADJUSTMENTS TO EXHIBIT C - RATES 1. Effective with the commencement of this Agreement (i.e., April 1, 2023 through March 31, 2024), the Contractor shall charge and the City shall pay the Rates set forth in Exhibit C for the services provided under this Agreement. The Base Rates shall be adjusted by the Contractor beginning April 1, 2024 and again on October 1, 2024. Thereafter, the then -current rates shall be adjusted annually on each October 1. The annual cost adjustment shall not exceed a six percent (6%) increase and shall not be less than four percent (4%), except that the second cost adjustment will be 50% of the initial April 1, 2024 cost adjustment and will go into effect October 1, 2024. 2. After the initial April 1, 2024 and October 1, 2024 cost adjustments, the Contractor must send its cost adjustment requests to the City by April 1 st of each year taking effect the following October 1 st of that year (the "Cost Adjustment Date") to align with the City's budget development and approval process or the Company forfeits the right to request a cost adjustment for the upcoming year. Except for the initial April 1, 2024 cost adjustment, all future cost adjustments will go into effect on October 1st for all remaining Contract Years pursuant to the terms set out in this Exhibit C. 3. The Consumer Price Index that will be used in determining the cost adjustment is published by the U.S. Bureau of Labor Statistics (BLS) and the compressed natural gas index that will be used is published by the U.S Energy Information Administration (EIA). Since some BLS or EIA indices are not finalized Exhibit B Page 1 of 3 for several months, cost adjustments may be calculated after March of any given year. If the BLS or EIA changes the methodology for calculating one of the indices used by the parties herein, which causes historical data used to calculate this cost adjustment to be restated, such changes shall only apply to future adjustments and not to adjustments already implemented. 4. As soon as possible but no later than April 1st, for each October 1st Cost Adjustment Date in this Agreement, Contractor shall send to the City a comparative statement setting out the change determined through the annual rate adjustment method using the indices set forth herein and the increase in the then current Rates that will be charged by the Contractor on the Cost Adjustment Date. 5. Indices and Contractor's Percentage of Each Index to Apply in the Rate Adjustment Calculation: (a) The parties agree that commencing on April 1, 2024, and on October 1, 2025 and annually on October 1 thereafter, the rates set forth in Exhibit C, as adjusted hereunder, shall be increased by ninety percent (90%) of the percentage increase in the CPI-U (Series ID: CUUROOOOSEHG02) Garbage and Trash Collection, US City Average, not seasonally adjusted, (currently located at the following link: https:/ibeta.bls.gov/dataViewcr/view/timeseries/ CUUROOOOSEHG02. The CPI-U adjustment shall be based on the average monthly percentage change in the CPI-U over the applicable 12-month measurement period from February to January. Once that average index change is determined, then the average index change for the 12-month period during the immediately prior year will be subtracted therefrom. The difference shall be the CPI-U index adjustment that will be applied to the then current Rates. In addition, the parties agree that there will be a one-time additional adjustment on October 1, 2024 which will be 50% of the cost adjustment percentage applied on April 1, 2024. (b) The parties agree that commencing on April 1, 2024 and on October 1, 2025 and annually on October 1 thereafter, the rates set forth in Exhibit C, as adjusted hereunder, shall be increased or decreased by 10% of the percentage increase of the Natural Gas Texas Commercial (N3020TX3.M) index as published by the EIA, currently located at https://www.eia.gov/dnav/ng/hist/n3020tx3m.htmL The EIA adjustment shall be based on the average monthly percentage change in the EIA index over the applicable 12-month measurement period from February to January. Once that average index change is determined, then the average index change for the 12-month period during the immediately prior year will be subtracted therefrom. The difference shall be the EIA index adjustment that will be applied to the then current Rates. In addition, the parties agree that there will be a one-time additional adjustment on October 1, 2024 which will be 50% of the cost adjustment percentage applied on April 1, 2024. (c) An example of the Adjustment methodology and formula for the periods of April 2019 to March 2020 and April 2020 to March 2021 is set forth below: April -March Apri6Msrch Average Average Change %Applied to Cost INDEX Index # WEIGHT 19/20 20/21 # Change % Adiustment Garbage & Trash Index Garbage t1 Trash Index 1 485.90 504.41 18.380 3.7 3.4010* EIA Texas Commercial EIA Taxes Commercial 1 5.37 7.1d 0.84d 13 1.329104 I I 4.730794 In the example, a factor of 4.730% would be applied to the Contractor's then current Rates to determine the adjusted rates. (d) If any index defined herein shall not be determined and published or if any index as it is constituted on the Agreement Date is thereafter substantially changed, there shall be substituted for such index another index which is determined and published on a basis substantially similar to the index being replaced as shall be mutually agreed upon by the City and the Contractor. If, Exhibit B Page 2 of 3 for any reason, the government fails to publish an indexed price for up to three months during a 12-month period, then the parties agree that the 12-month measurement period will be reduced to the number of months in which the index was published. Exhibit B Page 3 of 3 EXHIBIT C RATES AS OF THE AGREMENT EFFECTIVE DATE Drop -Off Station Rates Drop -Off Station (Per Haul) Brennan Drop -Off Station (1) $146.00 Southeast Drop -Off Station (2) $134.00 Old Hemphill Road Drop -Off Station (3) $146.00 Hillshire Drop -Off Station (4) $184.00 Environmental Collection Center (5) $146.00 Material Recovery Facility $146.00 $134.00 $146.00 $184.00 $146.00 Container Exchange Fees Component of Service Fees I. Container Exchange (Vehicle on -site) $75.00 2. Container Exchange (Vehicle off -site) $100.00 Special Events Hauling with Container Fees Haul Rate Container Rental $184.00 per haul $3.00 per day Fort Worth C&D Landfill $146.00 $134.00 $146.00 $184.00 $146.00 Unit Per Container Per Container Exhibit C Page 1 of 1 EXHIBIT D MONTHLY INVOICE FORMAT COVER SHEET EXHIBIT D wV%-A* Invoice Date _ Invoice Month Invoice #: IFW Purchase Order: Remit To Address: Drop -Off Station Location Brennan Convenience Center 2500 Brennan Ave Fort Worth, TX 76106 Roll -Off Hauls Rate Number of Hauls Total Southeast Landfill $ 146.00 $ Waste Management MRF $ 146.00 $ Texas Regional Landfill (Waste Connections C&D Landfill) $ 146.00 $ HAULING SUB -TOTAL $ Exhibit D P" 1 d 7 wwrV,19 linvoice Date Invoice Month (Invoice #: �FW Purchase Order: Remit To Address: Drop -Off Station Location Southeast Convenience Center 5150 Martin Luther King Jr. FWY Fort Worth, TX 76119 'RoII-O f Hauls I Rate I Number of Hauls I Total Southeast Landfill $ 134.00 $ Waste Management MRF $ 134.00 $ Texas Regional Landfill (Waste Connections C&D Landfill) $ 134.00 $ HAULING SUB -TOTAL $ Exhbdt D Ppe 2 d 7 Invoice Date Invoice Month Invoice #: FW Purchase Order: Remit To Address: Drop -Off Station Location Old Hemphill Convenience Center 6260 Old Hemphill Road Fort Worth, TX 76134 Roll -Off Hauls Rate Number of Hauls Total Southeast Landfill $ 146.00 $ - Waste Management MRF $ 146A0 $ - Texas Regional Landfill (Waste Connections C&D Landfill) $ 146.00 $ - HAULING SUB -TOTAL $ - ExhbtD Pap9d7 Invoice Date Invoice Month Invoice #: FW Purchase Order: Remit To Address: Drop -Off Station Location* Hillshire Convenience Center 301 Hillshire Drive, Fort Worth, TX 76052 jRoll-Off Hauls Southeast Landfill Waste Management MRF Texas Regional Landfill (Waste Connections C&D Landfill) Raft S $ $ HAULING SUB -TOTAL Number of Hauls 184.00 $ 184.00 $ 184.00 $ S Total Exhbt D Pep 1 of 7 linvoice Date linvoice Month Invoice #: FW Purchase Order: Remit To Address: Drop -Off Station Location Environmental Collection Center 6400 Bridge Street Fort Worth, TX 76112 Roll -CM Hauls Rate Number of Hauls Total Southeast Landfill $ 146.00 $ - Waste Management MRF $ 146.00 $ - Texas Regional Landfill (Waste Connections C&D Landfill) $ 146.00 $ - HAULING SUB -TOTAL $ - Exhb t D Pope 5 of 7 Invoice Date _ Invoice Month Invoice #: FW Purchase Order: Remit To Address: Special Event Collection Location Fort Worth, TX Roll -Off Hauls Southeast Landfill Waste Management MRF Texas Regional Landfill (Waste Connections C&D Landfill) Rate $ 184.00 $ 184.00 $ 184.00 HAULING SUB -TOTAL Number of Hauls I Total Exhibit D Page 6 of 7 Example of invoice support documentation 1- All Invoices must be accompanied by this level of backup 2 - All manually Issued tickets must have a picture of the manual ticket accompany the Invoice a.otw•u-an my •cow4EWO l .Jilt Dan 11ORT. .¢u1I. 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NOW" • 1W Dan soar--an.wCONY"Mo Kt SSa® ILT R IS nM® ,MNM SRS 3XVU oo S MO ,tall Got- Cm TYLOM16tIKS 1ffiD ID6T R &SS 0OMO .9218" SRS JMJnilm 6 !D Dan BonMM•CII'IAW[ONlIBIR •".® ILT R ..M n® M IRRD SIRJALI) b a aO MIDI -BMW-OIY nN,CON,%NV4t M® )ILT SS S.M 0.- R tDtM w 3WAS Exhibk D ►ayM 7 of 7 CITY'S RFP NO. 23-0003 DROP-OFF STATION AND SPECIAL EVENT COLLECTION COVERSHEET EXHIBIT E CITY"S RFP 23-0003 PURCHASING DIVISION REQUEST FOR PROPOSALS (RFP) for 23-0003 Drop -Off Station and Special Event Collection Issued: November 2, 2022 PROPOSAL SUBMISSION DEADLINE: December 1. 2022 by 1:30PM Local Time NO LATE PROPOSALS WILL BE ACCEPTED Proposal shall be delivered to: Legal Name, d/b/a and address of Proposer submitting the Proposal: The Purchasing Manager City of Fort Worth Purchasing Division, Lower Level, City Hall, 200 Texas Street, Fort Worth, Texas 76102 Note: Return this Cover Sheet with the Proposal. Pre -Proposal Conference will be held via in person: 10:30A-M (local time) November 8, 2022 200 Texas, Fort Worth, TX, 76102 Lower Level, Northeast corner Development Services Conference Room #LL 1201 To access by video conference, please refer to section 43 Pre -Proposal Conference, for links to WebEx meeting. For additional information/clarifications regarding this RFP, please contact: Assigned Buyer: Maria Canoura FM SPurchasingResponses0fortworthtexas. fov Authorized Person: Title: Signature: Contact Person Name: Phone:( 1 Fax: Email: Bidder/Supplier ID with City of Fort Worth/ Federal ID Number (TIN): • PDF or Adobe or electronic signature is acceptable on this RFP cover page. The Authorized Person, by his/her signature, represents that he/she is submitting a binding proposal and is authorized to bind. By signing and submitting, acknowledges that he/she has received and read the entire document packet, including all documents incorporated by reference, and agrees to be bound by the terms therein. • Proposals must be received in the Purchasing Office by 1:30 P.M., "Proposal Submission Deadline" AND TIME STAMPED PRIOR TO THE 1:30 DEADLINE IN ORDER TO BE CONSIDERED. Late bids will be returned or destroyed. • Proposals must be submitted in a sealed envelope WITH THE RFP NUMBER, RFP TITLE AND PROPOSER'S LEGAL NAME WRITTEN ON THE OUTSIDE OF THE ENVELOPE. In case of courier, it should be on the outside of the courier's shipping envelope. • Bids will be opened and read aloud publicly at 2:OOPM in the Council Chambers, Exhibit E Page 1 of 123 Exhibit E Page 2 of 123 The RFP procurement process is the competitive procurement process by which the City will receive and review proposals, rank the submittals and attempt to negotiate Contract(s) with one or more selected Proposer(s). (2) Stage 2 — Implementation of the Service Contract(s) At the completion of Stage 1, the City will seek final authority for and once granted by the City Council, the City and the selected Proposer(s) will execute one or more Contract(s). The terms and conditions of any Contract(s) the City enters into shall determine the specific components of Service provided by the selected Proposer(s). An example of the City's terms and conditions are included as Exhibit B. Furthermore, the Contract(s) may include the RFP, the Response to the RFP, the Request for Proposal Application and such other terms and conditions as the parties may agree. However, the City reserves the right to revise any draft Contract(s) as a result of this RFP and update the terms and conditions to reflect negotiated terms and conditions after the award of Contract(s). 2. PROJECT BACKGROUND The purpose of this section of the RFP is to familiarize Proposers with the City and available data regarding the service levels, service units, and material management in the City. The RFP is intended to support and advance the City's Comprehensive Solid Waste Management Plan (CSWMP) adopted in September 20171. The City is seeking Service that provides the best value for the City's residents, at prices and service -levels that are competitive with like sized markets and are driven by the City's guiding principles including: (1) Continue to keep the City clean and attractive. (2) Preserve landfill life by increasing diversion of material from disposal. (3) Maintain the cost-effectiveness of service. (4) Support Business Equity Ordinance guidelines. The City's Drop -Off Stations provide a critical resource for residential customers to self -haul material for collection and minimizes illegal dumping and litter generated. The current Drop -Off Station and Special Event Collection Service Contractor transports Solid Waste Containers containing refuse and brush and compactors of Recyclables from the four (4) City Drop -Off Stations including: • Brennan Drop -Off Station located at 2400 Brennan Avenue, Fort Worth, TX 76106 • Southeast Drop -Off Station located at 5150 Martin Luther King Freeway, Fort Worth, TX 76119 • Old Hemphill Road Drop -Off Station located at 6260 Old Hemphill Road, Fort Worth, TX 76134 • Hillshire Drop -Off Station located at 301 Hillshire Drive, Haslet, TX 76052 • Environmental Collection Center (ECC) located at 6400 Bridge Street, Fort Worth, Texas, 76112 I The CSWMP can be found online at the following link: httos://www.fortworthtexas.aov/ftles/assets/nublic/code- comaliance/documents/2017-2037-cswuw.ndf Exhibit E Page 3 of 123 The current Drop -Off Station and Special Event Collection Service Contractor also transports Special Event Material utilizing contractor -owned 30 Cubic Yard (CY) Solid Waste Containers. The City is considering developing a future Drop -Off Station to meet the needs of the growing number of residents on the west side of the City. The Contractor would be responsible for servicing any future Drop -Off Stations or additional locations where Special Event Material is generated in addition to those described in this RFP. Table 1 identifies key details of the current Drop -Off Station and Special Event Collection Contract including the termination date, available extensions, and unit prices intended to provide context so Proposers may develop as competitive RFP Submissions as possible consistent with the City's guiding principles listed above. Table 1: Drop -Off Station and Special Event Collection Service Contract Details Termination Date March 31, 2023 Available Contract Extensions One (1) five-year extension Current Contract Unit Price $111.87 per hour The current Drop -Off Station and Special Event Collection Contract pricing is based on an hourly rate, where each Drop -Off Station is assigned a travel time agreed upon by the City and Contractor and the cost is calculated by multiplying the hourly rate by the assigned travel time. For the purposes of any Contract(s) developed as a result of this RFP, Proposers shall provide pricing on a per pull basis from each Drop -Off Station, utilizing the information provided in Table 2 and Table 4 to evaluate the level of effort to service each Drop -Off Station. Further description of service fees for each component of Service is provided in Section 8.1.1. Table 2 and Table 3 presents the loads and tonnage of material collected from each of the City's Drop -Off Stations in FY 2020 and FY 2021, respectively. Table 2: Drop -Off Station Loads, Tonnage and Number of Services, FY 2020' Brush Refuse Total Location Loads Tons Loads Tons Loads Tons Brennan 32 190 1,876 10,835 1,908 11,026 Southeast 27 169 1,994 10,402 2,021 10,571 Old Hemphill 35 212 2,135 13,857 2,170 14,068 Hillshire 16 297 992 3,674 1,008 3,970 ECCZ N/A N/A 49 390 49 390 Total 110 868 7,046 39,158 7,156 40,025 1. Approximately 435 tons of Program Recyclable Materials was collected via compactors from among all the City's Drop-off Stations in FY 2021 and processed at the MRF. 2. The Drop -Off Station Collection Service Contractor services Refuse/Garbage from the ECC facility. Table 3: Drop -Off Station Loads, Tonnage and Number of Services, FY 2021' Location Brush Refuse Total Loads Tons Loads Tons Loads Tons Brennan 70 388 1,908 11,109 1,978 11,497 Southeast 76 376 1,924 11,563 2,000 11,939 Old Hemphill 85 438 2,329 13,643 2,414 14,081 Hillshire 54 227 930 4,921 984 5,148 Exhibit E Pape 4 of 123 300 Total I 285 I 1,4/ 8 I 7131 I 41,5037 I 7,4116 I 42,965 1. Approximately 480 tons of Program Recyclable Materials was collected via compactors from among all the City's Drop -Off Stations in FY 2021 and processed at the MRF. 2. The Drop -Off Station Collection Service Contractor services Refuse/Garbage from the ECC facility. Refuse collected from Drop -Off Stations, Special Events and Pedestrian Area Containers are delivered to the Southeast Landfill (SELF) for disposal. The City's Program Recyclable Materials collected at the Drop -Off Stations are received, processed, sorted and baled for sale on secondary commodities markets at a Material Recovery Facility, currently Republic's North Texas Recycling Complex at 6200 Elliott Reeder Rd. Yard Waste and Brush collected at Drop - Off Stations are delivered to the SELF for processing and mulching. The SELF operator has hired a Contractor to process and mulch Yard Waste and Brush material delivered to the site. The Facilities designated by the City for disposal or processing of material are subject to change based over the course of any Contract(s) developed as a result of this RFP (e.g., current Composting Facility moving to allow for construction of additional disposal cells at SELF). Considerations for alternative Facilities is further described in Section 8.2.4. Other materials collected at the Drop -Off Stations (e.g. bulk metal, e-waste, household hazardous waste, and securely shredded paper) are managed by separate Contractor(s) and are not included as part of this RFP. Table 4 shows the approximate road distance from each Drop -Off Station to the appropriate Disposal Facility or Materials Recovery Facility. Table 4: Road Miles from Drop -Off Stations to Disposal and Material Recovery Facilities' Facility SELF Material Fort Worth Recovery Facility C&D Landfill Brennan Drop -Off Station 15 7 15 Southeast Drop -Off Station 4 12 7 Old Hemphill Drop -Off Station 7 13 9 Hillshire Drop -Off Station 25 18 26 ECC 9 6 10 1. Distances presented are estimated road miles between the Drop -Off Station and Disposal Facility or Processing Facility currently utilized. Distances are not reflective of any designated route, and time between each Drop -Off Station and facility may vary due to traffic, construction or other roadway obstacles. The Residential Collection Service Contractor currently provides collection of Pedestrian Area Containers primarily located along a dedicated route in the public improvement district of the City utilizing manual rear -loading collection vehicles. There are currently 212 Pedestrian Area Containers serviced multiple times per week. The location of Pedestrian Area Containers serviced by the Residential Collection Service Contractor are provided in Exhibit C and an estimated 20-40 locations may be added annually as the City continues to grow. The intent of including this component of Service in the RFP is to evaluate if it is in the best interest of the City to transition away from the current provider that collects material from Pedestrian Area Containers. 3. DEFINITIONS 3.1. General Exhibit E Page 5 of 123 (1) In this RFP, the singular shall include the plural and the plural shall include the singular, except where the context otherwise requires. (2) All references in this RFP to the City's "discretion" or "sole discretion" means in the sole and absolute discretion of the party exercising the discretion. (3) All references in this RFP to "day" or "days" means calendar days, unless otherwise stated. 3.2. Definitions 5G shall mean fifth -generation broadband cellular software that provides device connectivity and provides greater bandwidth, faster download speeds, and more robust machine -to -machine communication. Acceptable Organic Materials shall mean Yard Waste, Brush and all other materials determined acceptable by the City and Contractor for processing at the Composting Facility. Affiliate shall mean any parent, subsidiary, or any other entity controlling, controlled by, or under common control of the Proposer Alternative Fuel shall mean any vehicle fuel other than conventional gasoline or diesel including electric battery powered vehicles, Compressed Natural Gas (CNG) or Renewable Natural Gas (RNG) vehicles, and other alternative fuels as applicable. 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. Application Programming Interface (API) shall mean an interface that supports interactions between multiple software applications or mixed hardware -software applications, intended to provide rapid and reliable electronic communication through the City's Customer Service Electronic Tracking System and/or billing software. Authorized City Representative shall mean the individual(s) designated to authorize decisions related to Contract(s) resulting from this RFP, serving as the point of communication between Contractor and the City. Bag shall mean a sealed plastic bag approved in accordance with City ordinance and designed for the storage of Garbage and Refuse, having a thickness of at least 1.0 millimeter. Bulky Items shall mean furniture, Treated Wood, up to ten (10) cubic yards of C&D material generated by a residential customer as a result of a household project, mattresses and box springs, carpet, swing sets, plastic swimming pools, large toys, bicycles, toilets, household appliances, electronic equipment, and other similar items, White Goods (Chlorofluorocarbon (CFC)-Free), tree trunks, root balls; provided, all such materials must be permitted to be disposed of in a Type IV landfill. Business Equity Firms shall mean a Contractor, subcontractor, vendor, or independent firm that is a certified minority -owned business enterprise and/or women -owned business enterprise with a significant business presence in the City's marketplace. Exhibit E Page 6 of 123 Business Equity Goal shall mean the result of the calculation prepared by the City's Diversity & Inclusion Department, Business Equity Division that includes all the following factors: the detailed cost estimate of the work to be performed, or goods purchased; the City's marketplace; the availability of Business Equity Firms and non -Business Equity Firms in the marketplace determined for any Contract(s) developed as a result of this RFP: and the subcontracting/supplier opportunities of each project. Business Equity Ordinance shall mean the City Council -approved Article, on October 19, 2021, adopted Ordinance No. 25165-10-2021 that repealed all previous minority -owned and women -owned business enterprise ordinances and policies previously adopted by the City and enacted a new business equity program in accordance with federal law and the findings of the City's most recent Disparity Study. The Business Equity Program Ordinance went into effect on January 1, 2021. Business Equity Percentage shall mean calculation to determine the commitment to the Business Equity Goal as a proportion or share of the overall value of a specific project. City shall mean the City of Fort Worth, Texas. Commencement Date shall mean the date that one or more Contract(s) developed as a result of this RFP begin for any and all components of Service. Commercial Drivers License shall mean a driver's license required to operate vehicles pursuant to the Services in this RFP. Commission shall mean the Texas Commission of Environmental Quality (TCEQ)_ Composting Facility shall mean a Facility whose activities include the physical and/or biological processing of Acceptable Organic Materials to produce a market -ready product. Comprehensive Solid Waste Management Plan (CSWMP) shall mean the strategic planning document adopted by the City in September 2017. Construction and Demolition Waste (C&D) shall mean waste resulting from construction or demolition projects; includes all materials that are directly or indirectly the by-products of construction work or that result from demolition of buildings and other structures, including, but not limited to, paper, cartons, gypsum board, wood, excelsior, rubber, and plastics. Consumer Price Index (CPI) shall mean the series of indices that measure the average change over time in the purchase prices of domestic consumers of goods and services. CPI measures price change from the perspective of the consumer, in contrast to the Producer Price Index, which measures price change from the producer's perspective. The CPI is calculated by the Bureau of Labor Statistics, a division of the U.S. Department of Labor. Contingency Plan shall mean the plan developed by the Contractor(s) for one or more components of Service describing the arrangements to provide all necessary equipment and personnel to maintain uninterrupted Service(s) during mechanical breakdowns, natural disasters, emergency downtime, equipment failure or breakdown, labor dispute, or any other situation that would prevent the ability to provide Service. Contract shall mean any and all Contract(s) developed as a result of this RFP between the City and any Proposer(s). ExhibR E Page 7 of 123 Contractor shall mean any entity that is currently providing Services for the City or the successful Proposer(s) that enter into Contract(s) with the City for Services as a result of and pursuant to the terms of this RFP. Contractor's Representative shall mean a qualified, competent and reliable representative managing a facility or other operations as part of one or more Contract(s) resulting from this RFP. Cost Adjustment Method shall mean the adjustment of unit prices for Services with the City by the Contractor for the second and subsequent years of any Contract(s). The price may be adjusted upward or downward to reflect changes in the cost of operations by a cost adjustment calculation using indices applicable to Services. Dallas -Fort Worth Metroplex shall mean the area encompassing the Cities of Dallas and Fort Worth and all surrounding cities and unincorporated areas within the 11-county metropolitan statistical area as defined by the U.S. Office of Management and Budget. Disparity Study shall mean the study conducted by the City supporting interest in continuing a race and gender -conscious Business Equity Firm program that uses statistical data and anecdotal testimony to provide a sound basis for use of narrowly tailored remedial race and gender -based measures to ensure equal opportunities for all firms to do business with the City. Director shall mean the Director of the City of Fort Worth's Code Compliance Division. Disposal shall mean dumping or depositing of Solid Waste into or onto a Disposal Facility so that the waste or any constituent thereof is introduced into the environment. Disposal Facility shall mean a sanitary landfill or other Solid Waste Disposal Facility permitted by the TCEQ and/or other applicable regulatory agency with jurisdiction and utilized for the receipt or final disposition of Solid Waste generated within the City. Drop -Off Station shall mean facilities, which include a vehicle receiving area and various Solid Waste Containers for deposit of selected materials so as to provide City residents with one -stop, drop-off service for deposit of Refuse, Garbage, Yard Waste, Brush, and Program Recyclable Materials. Employment Cost Index (ECI) shall mean the measure of the change in the cost of labor, free from the influence of employment shifts among occupations and industries. Wages and salaries are defined as the hourly straight -time wage rate or, for workers not paid on an hourly basis, straight -time earnings divided by the corresponding hours. Straight -time wage and salary rates are total earnings before payroll deductions, excluding premium pay for overtime and for work on weekends and holidays, shift differentials, and non -production bonuses such as lump -sum payments provided in lieu of wage increases. Production bonuses, incentive earnings, commission payments, and cost -of -living adjustments are included in straight -time wage and salary rates. The ECI is calculated by the Bureau of Labor Statistics, a division of the U.S. Department of Labor. Environmental Collection Center shall mean the Facility accepting Household Hazardous Waste such as, but not limited to, automotive fluids, cleaning chemicals, cooking oil, lawn chemicals, light bulbs, paint and painting supplies located at 6400 Bridge St., Fort Worth, Texas 76112. Exhibit E Pape 8 of 123 Environmental Protection Agency shall mean the United States Environmental Protection Agency (U.S. EPA), or any duly authorized official of said Agency. Evaluation Committee shall mean the group of individuals selected by the City to evaluate RFP Submissions as described in Section 6.1 Facility shall mean all contiguous land and structures, other appurtenances, and improvements on the land used for the storage, processing, or Disposal of Solid Waste, Program Recyclable Materials, Acceptable Organic Materials, C&D, or any other materials as determined by the Authorized City Representative. A Facility includes locations used for the storage and/or maintenance of vehicles and equipment. Fort Worth C&D Landfill shall mean the Type IV Landfill owned and operated by Waste Connections, Inc. located at 4144 Dick Price Rd, Fort Worth, TX 76140. 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. Good Faith Efforts shall mean the proof of effort to achieve the Business Equity Goal, including an honest and conscientious effort by the Bidder to explore all available options to achieve, to the maximum extent practical, to meet the Business Equity Goal. Compliance with each of the following steps shall satisfy the Good Faith Effort requirement absent mere pro forma efforts or proof of fraud, misrepresentation, or intentional discrimination by the Bidder: (1) List each and every opportunity for Subcontractors for the completion of a Contract. On Combined Projects list each opportunity for Subcontractors through the 2nd Tier. (2) Obtain a current list (dated not more than six (6) months old prior to the bid open date) of Business Equity Firms from the City of Fort Worth's, webpage httns://www.fortworthtexas.sov/der)artinents/diverslty-inclusion/business-eauity or contact the Diversity & Inclusion Department (DVIN) via email at DVIN—BEoffice@fortworthtexas.gov. (3) Solicit participation from Business Equity Firms, within the Subcontractor areas previously listed, at least ten (10) calendar days prior to the Proposal Opening Date. Both Business Equity Firms and non -Business Equity Firms must receive the same solicitation for each area of opportunity. The three methods identified below are acceptable for soliciting participation, and each selected method must be applied to the applicable contract. The Bidder may meet the Good Faith Effort requirement by making at least one successful contact with a Business Equity Firm using either (i) email, (ii) fax, or (iii) telephone. The Bidder may also meet the Good Faith Effort requirement by documenting, in the manners detailed below, that at least two attempts were made using two of the three following methods: a. Email: a copy of the sent confirmation to each Business Equity Firm with the date and time of the email printed directly from the email system for proper documentation. If an email is returned as undeliverable, then that "undeliverable message" received must be printed directly from the email system for proper documentation. Exhibit E Pape 9 of 123 b. Fax: a copy of sent confirmation to each Business Equity Firm with the date and time printed directly from the facsimile for proper documentation. If a fax is returned as undeliverable, then that "undeliverable confirmation" received must be printed directly from the fax for proper documentation. c. Telephone: a call log that identifies each Business Equity Firm contacted with the phone number, name of individual contacted, time, date and outcome of each phone call. (4) Provide plans and specifications or information regarding the location of plans and specifications which shall be communicated to all Business Equity firms in each Subcontractor area. (5) Attach a copy of the solicitation sent to the Business Equity firm identifying the instructions on how to obtain plans and specifications for this solicitation. (6) Submit documentation of any Business Equity Firm whose quotes were rejected. The documentation submitted should be in the form of an affidavit, include a detailed explanation of why the Business Equity firm was rejected and any supporting documentation the Proposer wishes to be considered by the City. In the event of a bona fide dispute concerning quotes, the Proposer will provide for confidential review of any relevant documentation by City personnel. (7) All communications from the Proposer to potential Business Equity Firms shall be documented and submitted to the City. Government Approvals shall mean all licenses, permits and approvals required from any Governmental Body for performance of the Contractor's obligations under any Contract(s) resulting from this RFP. Governmental Body shall mean, as appropriate, any one or several of any court of competent jurisdiction, the United States of America, the State of Texas and/or any appropriate jurisdiction over activities relating to the services provided for under the terms of any Contract(s) developed as a result of this RFP; or any agency, authority, regulatory body or subdivision of any of the above as may have jurisdiction over or power and authority to regulate the City, the Contractor, or the collection of Solid Waste and Recyclables. GVW shall mean gross vehicle weight. Hazardous Waste shall mean any Solid Waste identified or listed as a Hazardous Waste by the administrator of the United States Environmental Protection Agency pursuant to the federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, 42 USC, §6901 et seq, as amended. Household Hazardous Waste shall mean any Solid Waste generated in Single -Family and Multi -Family dwellings by a consumer, which except for the exclusion provided in 40 CFR 261.4(b)(1), would be classified as a Hazardous Waste under40 CFR, Part 261. Liquidated Damages shall mean the estimate of intangible or hard -to -define losses to the City. Material Recovery Facility shall mean the Facility where the City's Program Recyclable Materials are received, processed, sorted and baled for sale on secondary commodities markets. Exhibit E Pape 10 of 123 Medical Waste shall mean waste generated by health -care -related facilities and associated with health-care activities, not including Garbage or Refuse generated from offices, kitchens, or other non -health-care activities. The term includes special waste from health care -related facilities which is comprised of animal waste, bulk blood and blood products, microbiological waste, pathological waste, and sharps as those terms are defined in 25 TAC §1.132 (Definition, Treatment, and Disposition of Special Waste from Health -Care Related Facilities). The term does not include Medical Waste produced on farmland and ranchland as defined in Agriculture Code, §252.001(6) (Definitions --Farmland or ranchland), nor does the term include artificial, nonhuman materials removed from a patient and requested by the patient, including but not limited to orthopedic devices and breast implants. Minority Business Enterprise (MBE) shall mean a minority business enterprise owned by a United States citizen(s), Asian -Indian, Asian -Pacific, Black, Hispanic, and Native American. The business must be at least 51% owned by such individuals. In a publicly owned business, at least fifty one percent (51 %) of all classes of the stock of which is owned by one or more minority individuals (i.e., the management and daily business operations controlled by those minority group members). The City accepts MBE certification from the following agencies: North Central Texas Regional Certification Agency (NCTRCA) and Dallas/Fort Worth Minority Business Development Council (DFW MSDC). Pedestrian Area Container shall mean a container authorized by the City for collection by the Contractor placed in special areas. Performance Bond shall mean a corporate surety bond that guarantees compensation to the City in the event that the City must assume the obligations or duties of the Contractor in order to continue the services defined in any Contract(s) developed as a result of this RFP. Person shall mean any individual, partnership, co -partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all federal, State, and local governmental entities. Preferred Contractor(s) shall mean the Proposer(s) receiving the highest score for each Service as part of the evaluation process described in Section 6.6 that are identified by the Evaluation Committee to enter into negotiation for one or more Service(s). Producer Price Index (PPI) shall mean the series of indexes that measure the average change over time in the selling prices received by domestic producers of goods and services. PPI measures price change from the perspective of the seller, in contrast to the Consumer Price Index, which measures price change from the purchaser's perspective. The PPI is calculated by the Bureau of Labor Statistics, a division of the U.S. Department of Labor. Program Recyclable Materials shall mean Recyclables including commingled steel, aluminum and plastic (#1 - #7) containers that are stored and collected together with recyclable paper designated as Recyclable by the City. Proposal Acceptance Period shall mean the period that the time period that a proposal is held valid and binding pursuant to Section 4.1.2. Proposer shall mean a party that submits a proposal in response to this RFP. Exhibit E Page 11 of 123 Putrescible Waste shall mean organic wastes, such as Garbage, wastewater treatment plant sludge, and grease trap waste, that is capable of being decomposed by microorganisms with sufficient rapidity as to cause odors or gases or is capable of providing food for or attracting birds, animals, and disease vectors. Rating Service shall mean a company that is able to provide a risk assessment related to another company's long-term debt. RCRA shall mean Resource Conservation and Recovery Act. Recreational Waste shall mean solid substances emanating from any public or private park, beach, or recreational area. Recyclables shall mean material that has been recovered or diverted from the nonhazardous Solid Waste stream for purposes of reuse, Recycling, or reclamation, a substantial portion of which is consistently used in the manufacture of products, which may otherwise be produced using raw or virgin materials. Recyclables are not Solid Waste. However, Recyclables may become Solid Waste at such time, if any, as it is abandoned or disposed of rather than recycled, whereupon it will be Solid Waste with respect only to the party actually abandoning or disposing of the material. Recycler shall mean a Person or entity, which is permitted by the City to Collect, transport and process Recyclables. Refuse shall mean non-putrescible Solid Waste (excluding ashes), consisting of both combustible and non-combustible waste materials. Combustible Refuse includes paper, rags, cartons, wood, excelsior, furniture, rubber, plastics, yard trimmings, leaves, or similar materials; non-combustible Refuse includes glass, crockery, tin cans, aluminum cans, metal furniture, and similar materials that will not burn at ordinary incinerator temperatures (1,600 degrees Fahrenheit to 1,800 degrees Fahrenheit). Residential Waste shall mean Refuse, Garbage, Yard Waste, Brush and Bulky Items discarded by Single -Family homes or apartments occupied by not more than one family. Residential Collection Service Contractor shall mean the City's current collection contractor that provides curbside collection of material on a recurring basis (e.g., weekly, monthly) RFP Documents are defined in Section 4.2.1(1). RFP Process shall mean the procurement process to select a Preferred Contractor(s) commencing with the issuance of this RFP and upon successful transition of Contractor(s) for one or more Service(s) or on the expiration of the Proposal Acceptance Period (or extended Proposal Acceptance Period, if applicable) whichever is first. Service shall mean any Service provided under any Contract developed as a result of this RFP including that may include any and all components as described in Section 1.1. Solid Waste shall mean any Garbage, Rubbish, Refuse, sludge from a wastewater treatment plant, water supply treatment plant, or air pollution control Facility, and other discarded material, including solid, liquid, semi -solid, or contained gaseous material resulting from industrial, municipal, commercial, mining, and agricultural operations and from community and institutional activities. The term does not include: Exhibit E Page 12 of 123 (A) 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; (B) 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; or (C) 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, §91.101, unless the waste, substance, or material results from activities associated with gasoline plants, natural gas liquids processing plants, pressure maintenance plants, or repressurizing plants and is Hazardous Waste as defined by the administrator of the United States Environmental Protection Agency under the federal Solid Waste Disposal Act, as amended by Resource Conservation and Recovery Act, as amended (42 USC §6901 et seq.). Solid Waste Container shall mean a container made of galvanized metal, plastic or other equally satisfactory material and designed to hold Solid Waste. Southeast Landfill (SELF) shall mean the City -owned landfill accepting Refuse, Garbage, Yard Waste, Brush or Bulky Items, located at 6288 Salt Road, Fort Worth, Texas. Special Event Material shall mean material generated from City sponsored events such as, but not limited to the "Great American Cleanup," "Concerts in the Garden," "Litter Stomp," and other approved neighborhood cleanup projects which produce Solid Waste and Recyclables. Special Event Material shall also include disaster debris or other materials requested by the City for collection and transportation (e.g., surges of material generated by a Storm Event) or service from future locations where Special Event Material is generated. Standard Wage shall mean prevailing wage rate as defined by the U.S. Department of Labor and complying with all requirements of Chapter 2258, Texas Government Code, including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258, Texas Government Code. State shall mean the State of Texas. Storm Event shall mean a weather related event, including, but not limited to, flood, thunderstorm, hurricane, tornado, wind storm, ice storm, severe cold front or other major weather event affecting the City TCEQ shall mean the Texas Commission on Environmental Quality, the lead environmental agency for the State of Texas. Term shall mean the term of any Contract(s) awarded as a result of this RFP. Ton shall mean a short ton of 2,000 pounds. Trash shall mean the same as Refuse. Transition Plan shall mean the plan developed by the Contractor(s) for one or more components of Service describing how the Contractor will transition to provide Service under any Contract(s) developed as a result of this RFP. Unaccepted Load shall mean any loads of materials that are contaminated or otherwise unacceptable for processing at a Facility. Exhibit E Page 13 of 123 Unacceptable Waste shall mean (i) any and all waste, including, but not limited to, Hazardous Waste, special waste, Medical Waste and friable asbestos, the acceptance and handling of which by Contractor would cause a violation of any permit condition, legal or regulatory requirement, damage to Contractor's equipment or facilities (other than damage caused by Contractor's improper use of its equipment), or present a danger to the health or safety of the public or Contractor's employees, (ii) rock, (iii) tires, (iv) roofing material, and (v) construction debris (except for construction debris constituting Bulky Items). Unanticipated Events shall mean severe weather events such as hurricanes, tornadoes, floods, ice storms or hail, and other disasters such as fires, which may generate unexpected quantities of material. Uncontrollable Circumstances shall include "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 collection, transportation or disposal of Solid Waste. USC shall mean United States Code. 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 Service(s) and related services described by this RFP. Violation shall mean any 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. White Goods shall mean appliances such as refrigerators, stoves, washers, dryers and other large enameled appliances, which do not contain Polychlorinated Biphenyls (PCB) or CFC units and have been officially certified to that effect. Women -Owned Business Enterprise (WBE) shall mean women business enterprise owned by a United States citizen(s) who are one or more women. The business must be at least 51 % owned by such individual(s). In a publicly -owned business, at least 51 % of the stock is owned by one or more such individuals (i.e., the management and daily operations controlled by one or more women). The City accepts WBE certification from the following agencies: Women's Exhibit E Page 14 of 123 Business Council - Southwest (WBCS) and North Central Texas Regional Certification Agency (NCTRCA). Working Day shall mean Monday through Friday and holidays, except New Year's Day, Thanksgiving Day, and Christmas Day. 4. RFP PROCESS AND RFP DOCUMENTS The purpose of this section is to provide Proposers with an overview of the RFP Process, RFP Documents and document distribution, RFP Process schedule, and specific requirements and procedures pertaining to the RFP Process. Further detailed information pertaining to proposal format, content, evaluation, and additional procedures is provided in subsequent sections of this RFP. 4.1. RFP Process Overview 4.1.1. Schedule of Events (1) The deadlines for submission of a proposals and the general schedule of events for the RFP Process are provided in Table 5. The City may amend the schedule of events at its sole discretion including: a. At any time before the proposal submission deadline for events that are to occur on or before the proposal submission deadline, including the proposal submission deadline itself. b. At any time in the RFP Process for events that are to occur after the proposal submission deadline. Table 5: Tentative Schedule of Events Event RFP Release Date Pre -proposal Conference Site Visits Proposer Question Submission Deadline Final Date for Issuance of Addenda pertaining to Scope of Services Proposal Submission Deadline Proposal Opening Date Interviews, if applicable Contractor Selection Contract(s) Negotiations Recommendation of Award Made to City Council Commencement Date 4.1.2. Proposal Acceptance Period Date or Deadline November 2, 2022 November 8, 2022—10:30AM (Local Time) November 9, 2022 (Schedule detailed on Section 4.6) November 11, 2022 — 5:OOPM (Local Time) November 16, 2022 — 5:OOPM (Local Time) Thursday, December 1, 2022 - 1:30PM (Local Time) December 1, 2022 — 2:OOPM (Local Time) December 14 to 16, 2022 December 2022 December 2022 — January 2023 January, 2023 April 1, 2023 By submission of its proposal, the Proposer acknowledges that it makes an offer that, if accepted in whole or in part by the City, constitutes a valid and binding Contract as to Exhibit E Page 15 of 123 any and all items accepted in writing to the City. The Proposal Acceptance Period is one hundred and eighty (180) calendar days from the date of opening. The period of acceptance of proposals may be mutually extended. If the City wishes to extend the Proposal Acceptance Period, the City shall submit a request to extend the Proposal Acceptance Period to those Proposers whose RFP Submissions, in the City's sole discretion, are still under consideration in the RFP Process. For greater clarity, the City may issue a request to extend the Proposal Acceptance Period at any point in the RFP Process. A Proposer may, in its discretion, refuse to extend the Proposal Acceptance Period in accordance with the following: Notwithstanding a Proposer's refusal to extend the Proposal Acceptance Period, that Proposer's RFP Submission shall continue to be valid in accordance with the Proposal Acceptance Period as described in Section 4.1.2(1). If the City determines that it will be unable to determine the Preferred Contractor(s) for any or all components Service prior to the expiration of the original 180 days, the City may discontinue the evaluation or consideration of a Proposer or may discontinue negotiations with a Proposer or finalization of one or more Contract(s) with any Preferred Contractor(s). If that Proposer has refused the City's request to extend the Proposal Acceptance Period, the City may continue the RFP Process with only those Proposers that have agreed to an extension of the original 180 days. In respect of the Preferred Contractor(s) of any or all components Service, the City shall be considered to have accepted the Preferred Contractor(s) RFP Submission, including its Price Proposal prior to the expiration of the Proposal Acceptance Period, if the City and the Preferred Contractor(s) enter into any Contract(s) prior to the expiration of the of the Proposal Acceptance Period (or any extensions to this period, if applicable). If during the course of negotiations, a Proposer submits a revised proposal to the City or agrees to revised terms and conditions of any or all components of Service in accordance with Section 6.6.5(1)(b) prior to the expiration of the Proposal Acceptance Period, that Proposer is deemed to have agreed to an extension of the original Proposal Acceptance Period to 180 days after the City receives the revised proposal. 4.1.3. Chapter 252 Purchasing and Contracting Authority of Municipalities The City may forego the competitive bidding procedures of Chapter 252 of the Local Government Code when making a purchase that is necessary to preserve or protect the public health or safety of the City's residents. See Tex. Local Gov't Code Sec. 252.002 022 (a)(2). Although the City is undertaking a competitive process in an effort to obtain the most favorable terms, as a procurement of Drop -Off Station and Special Event Collection, this RFP is exempt from the bidding requirements provided under Chapter 252 of the Texas Local Government Code. The City reserves the right to cancel this RFP at its sole discretion and/or to revise or amend the specifications of this RFP including any schedules or timelines contained herein. 4.1.4. Business Equity Firm Utilization Requirements All proposers shall note that the Business Equity Ordinance 425165-10-2021 (codified in Chapter 20, Article X of the Fort Worth Code of Ordinances, as amended), and any relevant policy or guidance documents, was adopted to ensure the full and equitable participation of certified Minority — and Women -owned business enterprises (M/WBEs), Exhibit E Pape 16 of 123 (collectively, "Business Equity Firms") in City contracts for the procurement of goods and services where a contract's total dollar value is greater than $100,000.01, as detailed below. (1) The Business Equity Goal is 25% (2) The information that shall be submitted with the proposal include as part of Form 12: a. The company name, address, point of contact, email address, office and fax telephone numbers of the Business Equity firms; b. A detailed description of the work to be performed or supplied by each Business Equity Firm; c. The sub -contract value or percentage of work for each Business Equity firm and each non -Business Equity Firms; d. State the Business Equity Percentage level of commitment achieved; and e. Provide the same identification information for all non -Business Equity firms It is important to note that only Business Equity Firms that perform a commercially useful function may count towards the 25% Business Equity Goal. Business Equity Firms must be located in the City's six (6) county geographic marketplace that includes the counties of: Tarrant, Dallas, Denton, Johnson, Parker and Wise. A Business Equity Firm Proposer can count its self -performance services towards meeting the Business Equity Goal for the assigned North American Industry Classification System (NAICS) commodity codes on their Minority Business Enterprise or Women Business Enterprise Certification. If the Business Equity Firm Proposer cannot self -perform all of the work, it will be accountable for subcontracting with certified Business Equity Firms to meet the overall goal. Proposers must obtain a listing of certified firms from the City of Fort Worth's Business Equity Division website at https://www.fortworthtexas.Qov/files/assets/public/diversity- inclusion/documents/business-equity/request-for-listinq-form-2021.pdf and submit the form by email to DVIN BEoffice anfortworthtexas.00v. Obtaining a listing of certified firms shall not be considered a restricted communication pursuant to Section 4.4. This will ensure that Proposers are acknowledging Business Equity Firms currently certified by the North Central Texas Regional Certification Agency (NCTRCA), Dallas/Fort Worth Minority Supplier Development Council (D/FW MSDC) and the Women's Business Council Southwest (WBCS) at the time proposals are submitted, in order for the participation to be counted towards the established goal. For clarity, Business Equity Firms must be located in the City's six (6) county geographic marketplace that includes the counties of: Tarrant, Dallas, Denton, Johnson, Parker and Wise. If a Proposer forms a joint venture with one or more Business Equity Firms, the Business Equity joint venture percentage participation will be counted towards the established goal. The appropriate Business Equity Joint Venture Form (Form 14) must be submitted for review and approval in order for it to be counted. Joint ventures must be in accordance with City Ordinance §20-370(J), which has recently been amended to Exhibit E Page 17 of 123 preclude any Contractor(s) from entering into an exclusive contract or non -compete agreement that restricts a Business Equity Firm's ability to grow and build capacity in the City's marketplace unless it can be shown that this relationship has resulted in the growth of the Business Equity Firm's capacity and the Business Equity Firm freely consents to the contract or agreement. Failure to submit the Business Equity participation information or the detailed explanation of the proposer's Good Faith Efforts to meet or exceed the stated Business Equity Goal, may render the proposal non -responsive. If a Proposer fails to meet the stated Business Equity Goal, in part or in whole, then a detailed explanation must be submitted to demonstrate the Good Faith Efforts made to secure Business Equity Firm participation and shall be provided as part of Form 13. Proposers shall also indicate if any Business Equity Firms or joint venture partners could reasonably expect to increase their percentage over time to meet the Business Equity Goal if they are awarded any Contract(s) as a result of this RFP. Proposers shall be evaluated based on the Business Equity Percentage that is achievable upon the Commencement Date. In making a Good Faith Effort determination, the City will consider the Proposers efforts to: (1) Solicit through all reasonable and available means (e.g., attendance at the Pre - proposal Conference, advertising and written notices) the interest of all Business Equity Firms in the scope of work included in this RFP. The Proposer shall provide interested Business Equity Firms with timely, adequate information about the plans, specifications, and requirements of any and all components of Service to allow such firms to respond to the solicitation. The Proposer must follow up initial solicitation with interested Business Equity Firms. (2) Select portions of the work to be performed by Business Equity Firms in order to increase the likelihood that the Business Equity Goal will be achieved. This includes, where appropriate, breaking out tasks into economically feasible units to facilitate participation, even when the Proposer would otherwise prefer to perform these work items with its own forces. It is the Proposer's responsibility to make a portion of the work available to Business Equity Firms and to select those portions of the work or material needs consistent with the availability of such Business Equity Firms to facilitate their participation. (3) Negotiate in good faith with interested Business Equity Firms. Evidence of such negotiation includes the names, addresses, and telephone numbers of Business Equity Firms that were contacted; a description of the information provided regarding the plans and specifications for the work selected for subcontracting; and why agreements could not be reached. The Proposer may not reject Business Equity Firms without sound reasons based on a thorough investigation of their capabilities. That there may be some additional costs involved in finding and using Business Equity Firms is not in itself sufficient reason for a Proposer's failure to meet the Business Equity Goal, as long as such costs are reasonable. Exhibit E Page 18 of 123 The performance of other Proposers in meeting the Business Equity Goal may be considered. For example, when a Proposer fails to meet the Business Equity Goal but others meet It, it may be reasonably questioned whether, with additional reasonable efforts, other Proposers could have met the Business Equity Goal. Proposers shall provide a signed Business Equity Division letter of intent (From 11) from each listed Business Equity Firm describing the work, materials, equipment or services to be performed or provided by the Business Equity Firm and the agreed upon dollar value shall be due at the time specified in the solicitation. If the City determines that a Good Faith Effort was not made, the Proposer's submission shall be deemed non -responsive and disqualified Pursuant to Section 6.7. 4.1.5. Proposer Costs (1) All costs and expenses directly or indirectly related to any aspect of a Proposer's participation in this RFP Process shall be the sole responsibility of and shall be borne solely by the participating Proposer, including, but not limited to, all costs and expenses related to the Proposer's involvement in: a. the preparation, presentation and submission of its proposal; b. attendance at the mandatory pre -proposal conference or any other meeting with the City; c. due diligence and information gathering processes; d. site visits as described in Section 4.6 of this RFP; e. preparation of responses to questions or requests for information from the City; f. preparation of the Proposer's own Request(s) for Clarification(s) during the clarification process; g. negotiations; and h. any other costs. 4.1.6. Award of Contract (1) It is understood that the City maintains the right to accept or reject any and all proposals and re -solicit for proposals, as it shall deem to be in the best interests of the City. Receipt and consideration of any proposals shall under no circumstances obligate the City to accept any proposals. If an award of contract Contract(s) is made, it shall be made to the Proposer(s) whose proposal is determined to be the best evaluated offer and that provides the best value to the City, taking into consideration the relative importance of the evaluation criteria set forth in Section 6.5 of the RFP. 4.1.7. Certificate of Interested Parties Form 1295 (1) Upon notification that a Proposer has been recommended for award of any Contract(s) resulting from this RFP, Proposer must comply with Government Code Section 2252.908 and must submit a Certificate of Interested Parties Form 1295. Form 1295 must be electronically filed with the Texas Ethics Commission at htti3s://www.ethics.state.tx.us/whatsnew/elf info form1295.htm. The form must Exhibit E Page 19 of 123 be printed, signed, notarized and submitted to the Purchasing Manager, as identified in Section 9.2.1, before any Contract(s) will be presented to the City Council for authorization. For more information, Proposers should review the Texas Ethics Commission Rules at httr)s://www.ethics.state.tx.us/rules/commission/ch46.r)hg). 4.2. RFP Documents and Document Distribution 4.2.1. RFP Documents (1) The RFP Documents include: a. The RFP main document b. Exhibit A — Forms c. Exhibit B — Draft Terms and Conditions d. Exhibit C — Location of Pedestrian Area Containers e. Addenda to the RFP Documents, if any. (2) All RFP Documents, including all documents listed in Section 4.2.1(1), shall be read as a whole. The Exhibits and addenda, if any, constitute an integral part of this RFP and are incorporated by reference. (3) All names of Proposers shall be read publicly at Proposal Opening Date. 4.2.2. Distribution of Documents (1) The City will distribute all RFP Documents, including any addenda, and City responses to Proposer Question Submission, by making them available on the City's website https://www.fortworthtexas.gov/departmentstfinance/purchasing/bids/23- 0003. 4.3. RFP Procedural and Content Clarifications 4.3.1. Contact Information and Method (1) Proposers shall submit all communications regarding RFP Documents, the RFP Process and their proposals, including submission of Proposer Question Submission in accordance with Section 4.3.4, via e-mail in written form to the City of Fort Worth Purchasing Division: a. Via e-mail to: FMSPurchasingResponses@fortworthtexas.gov Please note, if an e-mail confirming receipt of your e-mail is not received within one (1) business day, please contact City of Fort Worth Purchasing at 817-392- 2462 to verify receipt of your question. (2) Any explanation or clarification needed or question desired by a Proposer regarding any part of the RFP Documents, including addenda, must be requested in writing from the Purchasing Division by the Proposer Question Submission deadline so that a written addendum can be posted by the City before the Proposal Submission Deadline as detailed in Section 4.1.1. Exhibit E Pape 20 of 123 (3) All written questions or Proposer Question Submissions must clearly identify the Buyer's name and the Solicitation number on the document or if sent by an e-mail on the subject line. For example: Attention: Maria Canoura and RFP No. 23-0003, in the subject line of an e-mail. (4) Proposers making phone calls or other oral inquiries regarding RFP Documents, the RFP Process, or proposals, except as permitted during the pre -proposal conference, will be referred to the City's Purchasing Division. The Purchasing Division will only instruct Proposers to submit their inquiry electronically in writing, in accordance with the Proposer Question Submission process detailed in Section 4.3.4. (5) Interpretations, corrections, or changes to the RFP Documents made in any other manner 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 one or more Contract(s) are not binding pursuant to Section 4.7(1). (6) Any material information given to one Proposer concerning the RFP Documents will be furnished by an addendum posted on the City's website under the corresponding Solicitation number pursuant to Section 4.7(1). 4.3.2. Proposer to Make Own Examination It is the responsibility and obligation of each Proposer to examine the RFP in its entirety and seek clarification or additional information, through submission of a Proposer Question to the City in accordance with Section 4.3.4, regarding any matter the Proposer considers to be unclear. The City assumes no responsibility for any misunderstanding by a Proposer of information contained in this RFP, addenda to this RFP, responses to Proposer Question Submissions, or any other pertinent documents or information provided by or communication made by the City regarding the RFP, RFP Documents, and RFP Process. 4.3.3. Errors or Omissions Proposers are expected to examine all RFP Documents and will not be allowed to take advantage of any error, omission, ambiguity, or inconsistency in the RFP Documents. Where errors or omissions appear in this RFP, the Proposer shall promptly notify the City of Fort Worth Purchasing Division in writing, directing communications to the Purchasing Manager, as identified in Section 4.3.1 of this RFP, of such error or omission it discovers. The City assumes no responsibility for errors or misrepresentations that result from the use of incomplete proposals. Upon notification or identification of any error, omission, ambiguity, or inconsistency, the City may, at its sole discretion, choose to issue an addendum or addenda to the RFP in accordance with Section 4.7 of this RFP. Addenda shall be issued only for minor errors, omissions, ambiguities, or inconsistencies in the RFP Documents. If a major error, omission, ambiguity, or inconsistency is identified, the City reserves the right to void this RFP and re -solicit for proposals. 4.3.4. Proposer Question Submission Process Exhibit E Page 21 of 123 (1) Any Proposer requiring further clarification of the RFP Process and/or content of the RFP Documents shall submit specific Proposer Question Submissions to the Purchasing Manager as described in Section 4.3.1 this RFP. (2) IN ORDER FOR PROPOSER QUESTION SUBMISSIONS TO BE ANSWERED, ALL QUESTIONS MUST BE HAND DELIVERED, FAXED OR SENT BY E-MAIL BEFORE THE PROPOSER QUESTION SUBMISSION DEADLINE AS DESCRIBED IN SECTION 4.3.1. FAILURE TO FOLLOW THE REQUIREMENTS BELOW WILL RESULT IN PROPOSER QUESTION SUBMISSION NOT BEING ANSWERED. (3) The City will respond to Proposer Question Submissions by way of written addenda. Any material information provided to any Proposer concerning the RFP Documents or RFP Process shall be provided to all Proposers at: httr)s://www.fortworthtexas.gov/departments/finance/purchasing/bids/23-0003 as described in Section (3) of this RFP. (4) Proposers shall submit Proposer Question Submission in accordance with the Proposer Question Submission deadline identified in Section 4.1, Table 5 of this RFP. Proposer Question Submissions received after the Proposer Question Submission deadline will not receive a response from the City. If a determination is made that results in an extension of the Proposer Question Submission deadline, the Proposal Submission deadline and Proposal Opening Date will be adjusted in kind; however, adhering to the timeline as set forth in Section 4.1, Table 5 is critical to ensuring a successful transition for any and all components of Service included in this RFP. 4.4. Communications Restrictions After release of this solicitation, Proposer 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 Business Equity Office, or as otherwise indicated is prohibited and may result in disqualification from this procurement process. No officer, employee, agent or representative of the Proposer 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 contractors, or directly or indirectly through others, seek to influence any City Council member, City staff, or City's contractors regarding any matters pertaining to this solicitation, except as herein provided. If a representative of any Proposer violates the foregoing prohibition by contacting any of the above listed parties with whom contact is not authorized, such contact may result in the Proposer being disqualified from the procurement process. Any oral communications are considered unofficial and non- binding with regard to this RFP. Exhibit E Page 22 of 123 4.5. Pre -Proposal Conference (1) A pre -proposal conference will be held on November 8, 2022 at 10:30AM as indicated in Section 4.1, Table 5. Proposers must attend the pre -proposal conference virtually, or in -person. In Person The pre -proposal conference will be held at: City of Fort Worth Development Conference Room 200 Texas Street Fort Worth, Texas 76102 Lower Level — Northeast Corner — Reference #LL1201 Proposers are required to adhere to the City's current COVID-19 safety protocols. Video Conference Join from the meeting link https://fortworthtexas.webex.com/fortworthtexasfj.php?MTID=m1 ab0e9be20bf59 218cd44528624da4f1 Join by meeting number Meeting number (access code): 2551 381 7935 Meeting password: KkU2WXMXZ32 Tap to join from a mobile device (attendees only) +1-469-210-7159„25513817935## United States Toll (Dallas) Join by phone +1-469-210-7159 United States Toll (Dallas) Global call -in numbers Join from a video system or application Dial 25513817935@fortworthtexas.webex.com You can also dial 173.243.2.68 and enter your meeting number. (2) Failure to attend the Pre -Proposal Conference will impact potential Proposer's ability to submit a fully informed and competitive bid response. Attendance is not mandatory but is strongly encouraged. (3)Proposers will be permitted to orally present questions and request clarifications of the RFP or RFP Process during the pre -proposal conference, and such questions and may receive oral response from the City. However, a Proposer shall not interpret any verbal responses to questions to constitute a change(s) to the RFP Documents. Any changes to the RFP Documents shall only be by way of written addendum, as described in Section 4.7 of this RFP. Exhibit E Pape 23 of 123 4.6. Site Visits The day after the pre -proposal conference, the City will offer site visits of each Drop -Off Station. Site visits are scheduled for Wednesday November 9, 2022, please see below the location and time for each of the locations. Drop -Off Station Site Visit Location Hillshire Drop -Off Station 301 Hillshire Dr, Haslet, TX 76052 15 min (11.5 mi) Brennan Drop -Off Station 2400 Brennan Ave, Fort Worth, TX 76106 13 min (9.6 mi) Environmental Collection Center (ECC) 6400 Bridge St, Fort Worth, TX 76112 10 min (6.3 mi) Southeast Drop -Off Station 5150 Martin Luther King Jr Fwy, Fort Worth, TX 76119 12 min (8.6 mi) Old Hemphill Road Drop -Off Station 6260 Old Hemphill Rd, Fort Worth, TX 76134 Travel Time Start Time End Time between locations 9:OOAM 9:30AM 15 minutes 10:OOAM 10:30AM 13 minutes 11:00AM 11:30AM 10 minutes 1:OOPM 1:30PM 12 minutes 2:OOPM 2:30PM Proposers may request in writing via e-mail to the Buyer, to schedule an alternative site visit date. Proposers will not be provided a tour of Drop -Off Stations at any other time prior to the RFP due date unless granted permission for an alternative site visit date at the City's sole discretion. Proposers may not rely on any verbal responses to questions at the pre -proposal conference or site visit. Any changes to the RFP that result from the pre -proposal conference and site visit shall be incorporated into the RFP by way of written addendum. 4.7. Addenda to the RFP Documents (1) The City may, at its sole discretion, amend or supplement the RFP Documents in accordance with this Section 4.7 of the RFP. The City shall issue changes to the RFP Documents by written addenda only. No other statement, whether oral or Exhibit E Pape 24 of 123 written, made by employees, officials, or representatives of the City or any other person, shall amend the RFP Documents. (2) The final date that the City may issue an addendum in respect to the scope of services and technical specifications, presented in Section 8 of this RFP, is indicated in Section 4.1, Table 5. The City may issue other Addenda at any time up to two weeks before the Proposal Submission Deadline as indicated in Section 4.1, Table 5. (3) Addenda to the RFP Documents issued by the City will be provided to all proposers via posting on the City's website. So long as the Proposer has registered with the City and selected a United Nations Standard Products and Services Code (UNSPC) code that this Solicitation has been issued under, Proposers will be notified by email that an addendum has been issued. Notification to Proposers by the City that RFP Documents have been added to or amended and posted to the City's website will only be provided notification by email if the Proposer has registered with the City. Proposers are solely responsible for regularly checking the City's website throughout the RFP Process to ensure that they have reviewed all documents prior to submittal of proposals. (4) The Proposer is solely responsible for ensuring it has received all addenda issued by the City. (5) Any reference to any one or all of the RFP Documents includes any addenda to the RFP Documents made in accordance with Section 4.7 of the RFP. (6) Proposers must complete the Acknowledgement of Addenda Form (Form 6). Failure to acknowledge all addenda may result in disqualification of the Proposer, in accordance with Section 6.7 of this RFP. 4.8. Disclosure of Proposal Contents Trade secrets and confidential information contained in a proposal are subject to the Texas Public Information Act. Pricing is not confidential information. Information included in a proposal that is legally protected as a trade secret or confidential information must be clearly indicated as such by the Proposer. The speck protected information must be highlighted and clearly and conspicuously marked as "Trade Secret" or "Confidential" on each page where confidential information is provided. The City will not be responsible for any public disclosure of the trade secret or confidential information if it is not clearly marked as described in this Section 4.8 of the RFP. A proposal in its entirety is not confidential. If a request is made under the Texas Public Information Act to inspect information designated in a proposal as trade secret or confidential, the Proposer shall, upon notification by the City, immediately furnish sufficient written reasoning as to why the information should be protected from disclosure in a timely manner to the Texas Attorney General Open Record Division for final determination through its e-filing system at hops:/hvww.texasaftornevgenera1.gov/open-Qovernment/governmental- bodies/submit-documents-online-using-efilinq or to the following address: Office of the Attorney General Open Records Division Exhibit E Pape 25 of 123 P.O. Box 12548 Austin, TX 78711 4.9. Conflict of Interest (1) Pursuant to Chapter 176 of the Local Government code, any person or agent of a person who contracts or seeks to contract for the sale or purchase of property, goods, or services with a local governmental entity (e.g., the City of Fort Worth) must disclose in the Conflict of Interest Questionnaire (Form CIQ) the person's affiliation or business relationship that might cause a conflict of interest with the local governmental entity. By law, the Form CIQ must be filed with the Fort Worth City Secretary no later than seven (7) 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, correspondence, or another writing related to a potential agreement with the City. Updated Form CIQs must be filed with the Fort Worth City Secretary in conformance with Chapter 176. The form is available online at https://www.ethics.state.tx.us/data/forms/confiict/CIQ.Pdf. If a Proposer has questions regarding compliance with Chapter 176, the Proposer should consult its 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. (2) A Conflict of Interest Questionnaire (Form CIQ) must be completed and submitted to the City in accordance with Section 4.9(1). Failure to complete Form CIQ will result in the disqualification of the Proposer, in accordance with Section 6.7 of this RFP. (3) For the purposes of this RFP Process, a conflict of interest includes any perceived, potential, or actual situation where, in relation to the RFP or potential Contract(s) resulting from this RFP, the Proposer, or any officer, employee, agent or representative of the Proposer: a. has other commitments, relationships, or financial interests that: i. could or could be seen to exercise an improper influence over the objective, unbiased and impartial exercise of independent judgement by any of the City's employees, officials, or representatives; or ii. could or could be seen to compromise, impair, or be incompatible with the effective performance of a Proposer's obligations under the Contract(s) if that proposer were selected for award of the Contract(s); or iii. has contractual or other obligations to the City that could or could be seen to have been compromised or otherwise impaired as a result of its participation in the RFP Process or award of the Contract(s). (4) If a Proposer, or any officer, employee, agent or representative of the Proposer, discovers any conflict of interest as defined in Section 4.9(3), the Proposer shall promptly disclose the conflict of interest to the City in a written statement to the Purchasing Manager. Exhibit E Page 26 of 123 (5) At the request of the City, the Proposer shall provide the City with the Proposer's proposed means to mitigate and minimize to the greatest extent practicable any conflict of interest. The Proposer shall submit any additional information to the City that the City requests and considers necessary to properly assess the conflict(s) of interest. (6) The City may, at its sole discretion, exclude from the RFP Process any Proposer or officer, employee, agent or representative of the Proposer on the grounds of conflict of interest. (7) The City may, at its sole discretion, waive any and all conflicts of interest. A waiver may be upon such terms and conditions as the City, at its sole discretion, requires to satisfy itself that the conflict of interest has been appropriately managed, mitigated and minimized, including requiring the Proposer to put into place such policies, procedures, measures and other safeguards as may be required and be acceptable to the City, in its sole discretion, to manage, mitigate and minimize the impact of such conflict of interest. 4.10. Prohibition on Boycotting Energy Companies (1) Proposer acknowledges that, in accordance with Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2, the City is prohibited from entering into any contract(s) for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract Contract(s) contains a written verification from the company that it: (a) does not boycott energy companies; and (b) will not boycott energy companies during the term of the contract(s). The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (a) does not boycott energy companies; and (b) will not boycott energy companies during the term of this Agreement. 4.11. Prohibition on Discrimination Against Firearms and Ammunition Industries (1) Proposer acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1, the City is prohibited from entering into any contract(s) for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract Contract(s) contains a written verification from the company that it: (a) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (b) will not discriminate during the term of the contract Contract(s) against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and 'rearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To the extent that Chapter 2274 of the Government Code is applicable to this Exhibit E Page 27 of 123 Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (a) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (b) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. 4.12. Exceptions to RFP Documents (1) Although the specifications in the RFP Documents represent the City's anticipated needs, there may be instances in which it is in the City's best interest to permit exceptions to specifications and to evaluate alternatives. It is vital that the Proposer make clear where exceptions to the scope of services and technical specifications or draft Contract and how the Proposer might provide alternatives. Therefore, when allowed, exceptions, conditions or stipulations to the provisions of the City's specifications must be clearly identified as such, together with reasons for taking exception, and submitted as part of the proposal in the Exceptions Form (Form 7). If the Proposer does not make clear that an exception is being taken and where that exception is being proposed, the City will assume the Proposer is, in its proposal, responding to and will meet the specifications and requirements of this RFP. (2) Any Contract(s) developed as a result of this RFP may be based on the terms and conditions provided in Exhibit B. However, the City reserves the right to revise any of the exhibits to reflect the negotiated terms and conditions after the award of Contract(s)contract. Proposer shall indicate any exceptions to language provided in these exhibits in the Exceptions Form (Form 7). 5. PROPOSAL FORMAT 5.1. Submission of Proposal (1) RFP Submissions must be submitted in a sealed envelope or box with the name of the Proposer and the Solicitation number clearly marked on the outside. Failure to clearly mark the envelope or box may result in RFP Submissions (a) Being opened before proposal opening date and therefore disqualified pursuant to Section 6.7. (b) Not opened on the proposal opening date because the City is unable to identify it as an RFP submission (2) Each Proposer shall submit its Price Proposal (Form 9) in a separate sealed envelope (or box) and flash drive from the rest of its submission at the same time the RFP Submission is submitted and on or before the Submission Deadline. For clarity, the entire RFP Submission, including the separately submitted and sealed Price Proposal, shall be referred to as the RFP Submission. For the purposes of the RFP Process, the time and date stamp recorded by the City shall be the sole determining factor of timely submission. An RFP Submission received by Purchasing after the Submission Deadline shall be returned to the Proposer if they pick it up within 5 business days. If the Proposer does not pick it up, it will be destroyed. Exhbt E Page 28 of 123 (3) It is the sole responsibility of the Proposer to ensure that its RFP Submission, including the separately submitted Price Proposal, is received by the City's Purchasing Department on or before the Submission Deadline that the RFP Submission receives a date and time stamp receipt from the City confirming such timely delivery. The Proposer may use third party courier services, hand delivery, US Mail or other delivery service it deems appropriate. The City will not accept RFP Submissions delivered by electronic mail, nor will the City be responsible for the timeliness of an RFP Submission which is delivered to the City's mail processing center or other City location that is not received by the Purchasing Division by the deadline. (4) Proposer shall provide one (1) complete hard copies and a complete electronic copy on a memory stick as part of the RFP Submission. Electronic copies shall be submitted as one or more searchable PDF document(s). (5) If there is any difference whatsoever between the electronic copy of an RFP Submission, or any part thereof, and the original hard copy of the proposal, the original hard copy of the proposal shall govern. (6) For clarity, a Proposer's obligation to comply with the terms and conditions of this RFP arises on the Proposer's submission of a compliant RFP Submission in accordance with this RFP. 5.2. Withdrawal of Proposals Proposer may withdraw its RFP Submission only by giving written notice before the Submission Deadline to the City of Fort Worth Purchasing Manager. The City will return, unopened, an RFP Submission that has been withdrawn. 5.3. Amendment of Proposals A Proposer may amend its RFP Submission after submission but only if the RFP Submission has first been withdrawn and is subsequently resubmitted on or before the Submission Deadline. 5.4. Proposal Irrevocability Except as subject to the Proposer's right to withdraw an RFP Submission before the Proposal Submission Deadline in accordance with Section 5.2, the RFP Submission shall be irrevocable and shall remain in effect and open for acceptance for the entire Proposal Acceptance Period in accordance with Section 4.1.2. 6. EVALUATION, CLARIFICATION, VERIFICATION AND DISQUALIFICATION OF PROPOSALS 6.1. Evaluation Committee and Advisors The City will establish an Evaluation Committee for the purpose of evaluating Proposals in accordance with the Evaluation Criteria described in Section 6.5. The City, in its sole discretion, will determine the size, structure and composition of the Evaluation Committee and any sub -committees of the Evaluation Committee. The Evaluation Committee may be assisted by and receive advice from any of the City's advisors or any other employees or representatives of the City as non -voting members of the Evaluation Committee. Exhibit E Page 29 of 123 If a member of the Evaluation Committee or, if applicable, evaluation sub -committee becomes unable to continue serving on the Evaluation Committee or evaluation sub- committee before the completion of a step in the evaluation process as described in Section 6.6, the evaluation comments and scores of that individual, in respect of the uncompleted steps in the evaluation process only, shall be ignored. For greater clarity, if an Evaluation Committee or sub -committee member becomes unable to continue serving on the Evaluation Committee or a sub -committee after the full completion of a step in the evaluation process, the results of the completed steps of the evaluation process are unaffected and remain valid. Whether or not an Evaluation Committee or sub -committee member, in these circumstances, is replaced is in the sole discretion of the City. 6.2. The City's Clarification and Verification of Proposals The City may, Require the Proposer to clarify or verify the contents of its RFP Submission or any statement made by the Proposer. Require the Proposer to submit supplementary documentation clarifying or verifying any matters contained in its RFP Submission. Seek a Proposer's acknowledgement of the City's interpretation of the RFP Submission, or any parts thereof. The City is not obligated to seek clarification or verification of any aspect of a RFP Submission or any statement by a Proposer, including any ambiguity in an RFP Submission or in a statement made by a Proposer. Any written information received by the City from a Proposer pursuant to a Proposer Question Submission in accordance with Section 4.3.4 as part of the RFP Process may, In the City's sole discretion, be considered as an integral part of the applicable RFP Submission. 6.3. Completion of Responses and Non -Responsive Proposers (1) Information presented in the RFP Submissions shall be used to evaluate the RFP Submission based on the evaluation criteria provided in Section 6.5 to determine the Preferred Contractor(s) which will be selected to enter into negotiations to provide any or all components of Service to the City in accordance with the terms and conditions of this RFP. (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. (3) RFP Submissions shall be limited to fifty (50) 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. If an RFP Submission is larger than fifty (50) pages or has a font of less than eleven (11) point it shall be deemed non -responsive and disqualified pursuant to Section 6.7. Forms shall not count toward any page limits. (4) All RFP Submissions are subject to the terms and conditions of this solicitation. Material deviations from the terms and conditions that are not indicated in Proposer's submittal of Exhibit E Page 30 of 123 Exceptions Form (Form 7), or failure to meet the City's minimum specifications, shall render the RFP Submission non -responsive to this RFP. (5) Failure to submit all required documents in accordance with Section 10 shall result in the proposal being declared non -responsive. The City reserves the right to reject any and all RFP Submissions. 6.4. Proposer Interviews The City may elect to conduct in -person interviews of Proposers in accordance with Section 6.6.5. If the City conducts interviews, the presentation shall be led by the Proposer's proposed day-to-day contact person. If the City elects to conduct interviews, interview dates and times will be coordinated with responsive Proposers before any Drop -Off Station and Special Event Contract is awarded. 6.5. Evaluation Criteria RFP Submissions will be evaluated on the criteria set forth in this section. To determine the Preferred Contractor, the City shall carry out the steps as described in Section 6.6. The City maintains the right to award no Contract(s) solicited in the RFP and may exercise available extensions as part of its existing Contract(s), if deemed to be in the best interest of the City as determined by the evaluation process in accordance with Section 6.6. The RFP Submissions shall be evaluated based on the evaluation criteria and maximum number of points available provided in Table 6. Table 6: Weighted Evaluation Criteria Criteria Preferred Minimum Requirements Experience and Qualifications Cost Proposed Approach Exceptions Financial and Litigation History Business Equity Firm Participation Response Total Maximum Available Points 10 10 55 15 Responsive or Non -Responsive 100 Each component of Service shall be evaluated independently as described in Section 6.6. The following sections provide further descriptions of each criteria the location of relevant chapters of the RFP Submissions that may be considered in assessing each criterion. Relevant chapters are provided for reference only, and Proposers must review the RFP in its entirety in the development of its RFP Submission in accordance with Section 4.3.2. 6.5.1. Preferred Minimum Requirements Proposers shall provide references indicating that they have provided similar Service that meets or exceeds the City's preferred minimum requirements accordance with Section 10.5(2) and Form 1. Meeting the City's preferred minimum requirements shall be considered as a critical component of the evaluation of Technical Criteria as described in Section 6.6.2, 6.5.2. Experience and Qualifications Exhibit E Page 31 of 123 Proposer's experience and qualifications provided in accordance with Section 10.5(2) and Form 1 shall indicate the Proposers relevant company history and ownership, subcontractors, performance history, key personnel experience and qualifications with work of similar scope and complexity. Proposers with high levels of experience and qualifications for Service included in their RFP Submission shall be deemed most advantageous to the City. 6.5.3. Cost Costs provided shall be all inclusive of all costs necessary to meet the requirements included in this RFP and shall be compared and evaluated for their competitiveness, reasonableness, and logically consistent relationship with proposed equipment, services, facilities, conditions, and operating assumptions. The Proposer with the lowest annualized cost for each component of Service (unit prices provided by Proposers on Form 9 multiplied by the applicable number of billing units) shall receive all available points for that component of Service, and all other Proposers will receive a proportional share of the points based on the proration of their cost to the lowest cost provided. 6.5.4. Proposed Approach Proposer's approach to providing Service shall reflect the ability to schedule and meet requirements in accordance with Section 8 as demonstrated by the information provided by Proposers in RFP Submissions pursuant to Section 10.8. Proposers shall be evaluated on their demonstrated ability and resources to manage an operator transition and show the ability to implement and effectively manage the proposed Service for the term of any Contract(s) developed as a result of this RFP. The Evaluation Committee shall consider key personnel, facilities, equipment and capability to provide consistent quality control, complaint resolution, worker training and all other technical specifications required for Service as described in Section 8. A key consideration of the proposed approach will be usage of alternative fuel utilized as described in Section 8.2.6(1), and Proposers that incorporate alternative fuels may be afforded a higher score on that component of their proposed approach compared to Proposers that utilize standard diesel or otherwise fossil -derived fuels. 6.5.5. Exceptions Proposers may take exceptions to the scope of services and technical requirements and/or standard terms and conditions (reference Exhibit B) for Service by indicating them in the Exceptions Form (Form 7) pursuant to Section 4.12. The Evaluation Committee shall consider the impact of exceptions to requirements set forth in this RFP, and points will be awarded based on the anticipated impact such exceptions would have on the City. Proposers with minimal or no exceptions to the requirements set forth in this RFP shall be deemed most advantageous to the City. Rather than request exceptions, Proposers may also ask questions to the City before the Proposer Question Submission deadline to determine whether the City would potentially consider the matter in question prior to communicating it as an exception to requirements set forth in this RFP. 6.5.6. Financial and Litigation History Exhibit E Page 32 of 123 Proposer's financial and litigation history shall be considered including any outstanding lawsuits in Arizona, Arkansas, Florida, Kansas, Louisiana, Nebraska, Oklahoma or Texas and during last five (5) years, current litigation with the City during last five (5) years and any outstanding regulatory issues in the last five (5) years. The Evaluation Committee shall consider the impact of financial and litigation history of Proposers as they relate to the requirements set forth for each Service in this RFP, and points shall be awarded based on the anticipated impact of such financial and litigation history. Proposers with minimal or no financial or legal challenges shall be deemed most advantageous to the City. 6.6. Steps in the Evaluation Process 6.6.1. Step 1 — Compliance of Proposals (1) In Step 1 of the evaluation process, the City will open each RFP Submission and will review the contents thereof to assess whether it is in compliance with the terms and conditions as described in this RFP, including whether all documents required to be submitted have been appropriately submitted and whether the minimum requirements listed on Form 1 are met. (2) Each Proposer acknowledges and agrees that the City's evaluation of compliance with the RFP is not an evaluation of absolute compliance and that the City may waive failure to comply that, in the City's sole discretion, does not constitute a material deviation. (3) With the exception of a material deviation that has not been waived by the City, an omission or error in connection with the requirements of the RFP will not lead to the automatic rejection of the proposal concerned, provided, if requested by the City, the Proposer remedies the error or omission to the City's satisfaction within the time determined by the City, which must be at least one day following the date on which the Proposer receives a written request to that effect from the Contact Person. (4) The Diversity and Inclusion Department determination to deem a proposal responsive or non -responsive, is final. Proposers are encouraged to follow the procedure described on Section 4.1.4 Business Equity Firm Utilization Requirements to meet the goal set for this RFP. 6.6.2. Step 2 — Review and Scoring of the Technical Criteria In Step 2 of the evaluation process, the Evaluation Committee will evaluate and score the Technical Criteria of each proposal. Each component of Service will be evaluated independently as part of Step 2, even if multiple components as part of its RFP Submission. Technical Criteria include content in the RFP Submissions related to the Minimum Requirements, Proposed Approach, Exceptions, Experience and Qualifications, and Financial and Litigation History for each component of Service. Only those Proposers that are compliant per Step 1 will be considered in Step 2 of the evaluation process. Selection will be based on the qualified Proposer that is determined to be the most advantageous to the City considering the relative importance of evaluation factors. A bidder will be disqualified if they do not meet at least 50% of the technical points available. Exhibit E Page 33 of 123 6.6.3. Step 3 — Review Scoring In Step 3 of the evaluation process, after the Technical Scores are completed and finalized, only those receiving 50% of the available points from Technical Criteria for each component of Service shall move to the 4th step. To determine which components of Service that move on to Step 4, the Evaluation Committee shall compare the average scores of each of the highest scoring for each proposed component of Service separately, the highest scoring proposed for each combination of components, and the highest scoring proposed for all service components. 6.6.4. Step 4 — Short List In Step 4 of the evaluation process, the Proposers with the highest scores for each component of Service, or combination of components of Service, will be placed on a short list to move to Step 5. 6.6.5. Step 5 — Interviews In Step 5 of the evaluation process the Evaluation Committee shall have the opportunity, at its sole discretion, to request and schedule an interview from short list Proposers for each component of Service, or combination of components of Service, that has been selected to move forward as part of the evaluation process in accordance with Section 6.6.4. 6.6.6. Step 6 — Scoring of the Price Proposal In Step 6 the Proposer with the lowest annualized cost for each component of Service (unit prices provided by Proposers on Form 9 multiplied by the applicable number of billing units) shall receive all available points for that component of Service, and all other Proposers will receive a proportional share of the points based on the proration of their cost to the lowest cost provided. 6.6.7. Step 7 — Best and Final Offers In Step 7 of the evaluation process the Evaluation Committee will request that Proposers that have been interviewed submit a Best and Final Offer (BAFO) for one or more parts of the RFP Submission for the Evaluation Committee's review. a. Request written clarifications from Proposers based on the Evaluation Committee's review of the BAFO. (1) Upon completing Proposer interviews and reviewing any BAFOs submitted, the Evaluation Committee shall adjust the scoring for short list Proposers as appropriate for each component of Service. (2) The City may enter directly into negotiations with the higher ranking short list Proposer for each Service as described in Step 6, and is under no obligation to request Proposer interviews or any BAFOs. 6.6.8. Step 8 — Competition, Negotiations and the Identification of Preferred Contractor(s) In Step 8 of the evaluation process, the City will enter into negotiations with the Proposer(s) who received the highest score for each component of Service. Failing successful negotiations, the City will enter into negotiations with the Proposer(s) who Exhibit E Page 34 of 123 received the second highest score for each component of Service and identify the Proposer with whom the City concludes successful negotiations as the Preferred Contractor(s). The City may use the negotiations process to negotiate any aspect of a proposal or the Contract(s), or both, including, for greater clarity, any amendments to the Contract(s) that are reasonably required to revise the scope of Service. Except as provided in RFP Section 4.1.2, notwithstanding any negotiations between the City and Proposer, the proposal of all Proposers shall remain valid and irrevocable until the expiration of the Proposal Acceptance Period. 6.7. General Evaluation and Disqualification Provisions 6.7.1. The City's Discretion in Determining Compliance, Scoring and Ranking (1) The City shall, in its sole discretion, determine: a. The membership of the Evaluation Committee and any sub -committees of the Evaluation Committee. b. Whether a RFP Submission is compliant. c. Whether a failure to comply constitutes a material deviation. d. Whether a Proposer's Technical Criteria are compliant with Section 6.6.3 of this RFP. e. The rankings of the Proposals. f. Whether a proposal i. Is disqualified, or ii. Will cease to be considered in the evaluation process. (2) The City's discretion in determining compliance, scores, ranking and disqualification of the Proposers and their proposal is not limited or restricted in any way. (3) The City has the right, at any time and in its sole discretion, to consider in the evaluation of the proposals or in the exercise of any of the City's rights under this RFP: a. Any instances of poor performance by a Proposer or a Proposer Team Member that the City has experienced, and/or b. Any publicly available information about a Proposer or a Proposer Team Member that is, in the City's sole discretion, credible information. 6.7.2. Disqualification (1) The City may, in its sole discretion, disqualify a Proposer, a Proposer Team Member, or a proposal or reverse their decision to make an award (even if the award has already been made to a Preferred Contractor under this RFP) at any time prior with respect to the Preferred Contractor(s), if, a. The Proposer contravenes RFP Sections 4.4. Exhibit E Pape 35 of 123 b. The Proposer fails to comply with Applicable Law. c. The proposal contains false or misleading information or a misrepresentation. In the opinion of the City, acting reasonably, the Proposer or a Proposer Team Member or any of their respective advisors, employees or representatives directly or indirectly colluded with one or more other Proposers or its Proposer Team Members or any of their respective advisors, employees or representatives in the preparation or submission of an RFP Submission or otherwise contravened RFP Section 4.4. e. The Proposer has committed a material breach of any existing agreement between the Proposer and the City. f. The Proposer or any Proposer Team Member has been convicted of an offence in connection with any services rendered to the City. g. There are any convictions related to inappropriate bidding practices or unethical behavior by a Proposer or a Proposer Team Member or any of their affiliates in relation to a public or broader public sector solicitation. 6.7.3. Dispute Resolution (1) The selected Contractor(s) shall endeavor to settle all disputes arising out of or relating to any Contract(s) developed as a result of this RFP by amicable negotiations. Except as otherwise provided herein, any claim, dispute, disagreement or controversy that arises between the City and Preferred Contractor(s) under or relating to any Contract(s) developed as a result of this RFP that is not amicably settled shall be submitted to mediation. If the parties remain unable to resolve the controversy through mediation, then either party may pursue their claim, dispute, disagreement or controversy in a court with proper venue in the county of Tarrant, state of Texas, within which the services are being performed. Nothing herein shall be construed as a waiver or surrender of the City's governmental power or immunity. 7. GENERAL PROVISIONS 7.1. 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. 7.2. Contract Incorporation The Contract documents may include the RFP, the Response to the RFP, and such other terms and conditions as the parties may agree. 7.3. Cooperative Purchasing Should other governmental entities decide to participate in this contract, Contractors, shall indicate in their proposals whether they agree that all terms, conditions, specification, and pricing would apply. If the successful Contractor agrees to extend the resulting contract to other governmental entities, the following will apply: Governmental entities utilizing contracts with the City of Fort Exhibit E Page 36 of 123 Worth will be eligible, but not obligated, to purchase material/services under any Contract(s) awarded as a result of this solicitation. All purchases by govemmental 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. 7.4. Billing The Contractor shall at its sole expense provide Service based on any Contract developed as a result of this RFP. 7.5. Venue Any Contract(s) developed as a result of this RFP shall be construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought pursuant to any Contract(s) developed as a result of this RFP, 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. The Service is performable in Tarrant County, Texas. Venue shall lie exclusively in Tarrant County, Texas or in counties that are directly adjacent to Tarrant County, as required to perform the Service. 7.6. Termination, Remedies and Cancellation If this RFP results in a Contract, the Contract shall remain in effect until the Contract expires, delivery and acceptance of products and/or performance of services ordered is terminated by the City or Contractor by written notice. In the event of termination, the City reserves the right to award a Contract to the next lowest and best Contractor as it deems to be in the best interest of the City. Further, the City may cancel any Contract developed as a result of this RFP without expense to the City in the event that funds have not been appropriated for expenditures. The City may return any delivered but unpaid goods in normal condition to the Contractor, as needed. Whenever the City has reason to question the Contractor's intent to perform, the City may demand that the Contractor give written assurances of Contractor's intent to perform. In the event such 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 any Contract developed as a result of this RFP. The language contained in this section regarding termination, remedies, and cancellation may be included in the final negotiated Contract. The City reserves the right to modify any terms and conditions related to termination, remedies, and cancellation to reflect the final negotiated Contract. 7.7. 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. An administrative change order or increase may be made by the City Manager up to the amount allowed by relevant law and the Fort Worth City Code and does not require specific City Council approval as long as sufficient funds have been appropriated. Exhibit E Page 37 of 123 7.8. Insurance Requirements The Contractor shall carry Workers Compensation Insurance, Commercial General Liability (CGL) Insurance and Automobile Insurance pursuant to Exhibit B — Draft Services Agreement. Contractor shall obtain coverage for each required insurance for the duration of any Contract developed as a result of this RFP, and furnish certificates of insurance along with copies of policy declaration pages and policy endorsements as evidence thereof. All General Liability and Business Auto Policies should name the City of Fort Worth as an Additional Insured by endorsement. 8. SCOPE OF SERVICES AND TECHNICAL SPECIFICATIONS This section details the scope of services and technical specifications for all components of Service. Service performed will be in accordance with any Contract(s) developed as a result of this RFP and based on the terms provided herein or as otherwise agreed to by the City and Contractor(s). For clarity, the terms provided herein may be incorporated into any Contract(s) developed as a result of this RFP as required and described in Section 7.2. The City reserves the right to revise the terms and conditions to reflect the negotiated terms and conditions after the award of Contract(s). 8.1. General Specifications 8.1.1. Service Fees, Processing Fees and Payment City agrees to pay Contractor(s) as follows for any and all components of Service performed in accordance with any Contract(s) developed as a result of this RFP. The rates proposed in the Cost Proposal (Form 9), or as otherwise agreed to by the City and Contractor(s) in writing, shall remain effective for at least the first full year of any Contract(s) developed as a result of this RFP in accordance with Section 8.1.2. Within fifteen (15) days of the end of each month during which Service is provided by the Contractor, Contractor shall submit to the Director, or the appointed City contact, a monthly report and invoice for monthly payments due to the Contractor as well as the Contractor's Business Equity Firm participation for that month. Payment shall be made to the Contractor within thirty (30) days of receipt and approval by City of the Contractor's final monthly statement of Service provided. The Contractor's monthly invoice shall be based on the following for each component of Service: (1) The number of hauls of Solid Waste Containers (roll -off containers and compactors) for transportation from each of the City's Drop -Off Station(s) and the ECC, multiplied by the applicable rate as provided in Form 9, or as otherwise agreed to by the City and Contractor(s) in writing. (2) The number of hauls required to transport Solid Waste Containers containing Special Event Material multiplied by the applicable rate as provided in Form 9, or as otherwise agreed to by the City and Contractor(s) in writing. (3) The number of collections of Pedestrian Area Containers multiplied by the applicable rate as provided in Form 9, or as otherwise agreed to by the City and Contractor(s) in writing. Exhibit E Page 38 of 123 The Contractor's monthly invoice shall also deduct any Liquidated Damages assessed by the City and/or reimbursement required for provision of Service by the City in the case the Contractor(s) are unable to perform Service. 8.1.2. Cost Adjustments The rates proposed in the Price Proposal (Form 9), or as otherwise agreed to in writing by the City and Contractor(s), shall remain effective for at least the first full year of any Contract(s) developed as a result of this RFP. Cost adjustments may be requested by the Contractor(s) on an annual basis and are subject to approval by the Director. Cost adjustments shall meet the following requirements for all components of Service offered as part of this RFP: (1) The cost adjustment shall be based on the average monthly percentage change in the indices over the applicable 12-month measurement period from April to March. Once that average index change is determined, then the average index change for the 12-month period during the immediately prior year will be subtracted therefrom. The difference shall be the CPI-U index adjustment that will be applied (2) Cost adjustment requests must be received by June 1st of each year (taking effect the following October 1st to align with the City's budget development and approval process) or the Contractor(s) forfeits the right to request a rate adjustment for the upcoming year. (3) The City may implement rate decreases (based on the cost adjustment indices for each service described below) even if the Contractor(s) does not submit the request by April 1 st of a year. (4) The Contractor(s) will receive no other financial compensation outside the terms of the Contract. Further, no fees shall not be adjusted other than as explicitly authorized in any Contract developed as a result of this RFP. All indices used represent the Consumer Price Index (CPI), Employment Cost Index (ECI), or components of the Producer Price Index (PPI), as published by the U.S. Department of Labor, Bureau of Labor Statistics (BLS). Since some indices are not finalized for several months, cost adjustments will be applied when data is released and updated if necessary when final data is released. If BLS changes the methodology for calculating ECI or components of the PPI, which causes historical data used to calculate this cost adjustment to be restated, such changes shall only apply to future adjustments and not to adjustments already implemented. The cost adjustment Service shall be based on the following indices and percentage that shall constitute the basis for the cost adjustment, subject to any adjustment made by the City dependent on the operations proposed by the selected Contractor: (1) Industrial Handling Equipment (20 percent). Contractor(s) shall designate twenty (20) percent of fees to be adjusted by the Industrial Handling Equipment component of the PPI, which is found under Capital Equipment, series ID WPU1144. (2) Employment Cost Index (70 percent). Contractor(s) shall designate seventy (70) percent of fees to be adjusted by the ECI, a BLS index separate from PPI. ECI data for South shall be used for the adjustment calculation. Exhibit E Pape 39 of 123 (3) Diesel Fuel (10 percent). Contractor(s) shall designate ten (10) percent of fees to be adjusted by the No. 2 Diesel Fuel component in the CPI, series ID WPU05730302. The effective date of the annual cost adjustment calculation shall remain October 1 in accordance with Section 8.1.2(2) and the City may adjust indices or percentages pursuant to Section 6.6.6. The annual cost adjustment shall neither exceed five (5) percent in any single year nor exceed a cumulative increase of 15 percent over a four-year period. Following on Table 7 is an example of the application of these indices for the first adjustment with Contractor's percentages for cost adjustment_ In the example below, a factor of 2.846 percent would be applied to the Contractor's fees as listed in Section 8.1.1 to determine the service fees for the subsequent year. Table 7: Example Drop -Off Station Collection Service Cost Adjustment Calculation Percent Percent Applied to Category Weight Change Cost Adjustment Industrial Handling 20% 4.25% 0.849% Equipment Employment Cost 70% 2.23% 1.561% Index Diesel Fuel 10% 4.35% 0.435% Total 100% 2.846% 8.1.3. Recordkeeping and Reporting Requirements Contractor(s) and/or subcontractor(s) shall create, maintain and make available records a daily, weekly, cumulative monthly, and cumulative annual basis, and make available to the City upon request. The Contractor(s) shall submit all reports in electronic (e.g., Excel, delimited text files) format approved by the Authorized City Representative. All monthly reports shall be submitted within seven calendar days following the end of each calendar month and all annual reports within thirty days following the Contract(s) year end. The Contractor(s) must retain all records related to the Contract(s) for the duration of the Contract(s) term and a period of five (5) years following expiration and/or termination of the Contract(s). The Contractor(s) and/or subcontractor(s) shall provide the following defined in and/or required by Applicable Law, and any reports reasonably necessary to: (1) Document actions taken as a part of any Transition Plan(s) in accordance with Section 8.1.5. A monthly summary shall also be submitted to the City. (2) Document actions taken as part of any Contingency Plan(s) in accordance with Section 8.1.4. (3) Provide a list of Contractor's current employees, contractors and subcontractors to the City upon request. (4) Document employee and subcontractor training by description of training, date of training, time of training, names of personnel who attended training, name of Exhibit E Pape 40 of 123 training instructor, and other information as requested by the Authorized City Representative. A monthly summary shall also be submitted to the City. (5) Provide data as required by the City for preparing monthly, quarterly, or annual reports. (6) Record and/or report any missing criteria, data, guidance, information or providing more frequent reporting to the Authorized City Representative as necessary based on the needs to complete the tasks of any Contract(s) developed as a result of this RFP. (7) Inform the Authorized City Representative of any change in Contractor's contact name or address within 15 days of such occurrence. (8) Acquire written consent from the City for any subcontractor(s) to be used to complete any portion of Contract(s) developed as a result of this RFP. Written qualifications of a subcontractor must be provided to the City prior to subcontractor work under the Contract(s). (9) Report any damage to City -owned or private property as a result of conducting Service within two (2) hours of damage occurring. (10) Provide monthly reports including data for all materials handled from its Services to the City along with the monthly invoices. (11) Provide annual reports including all data from the monthly reports, following the same format as the monthly report and shall include Business Equity Firm participation information and status. (12) Provide a written inventory of all vehicles and equipment used in providing Service, updating the inventory within fifteen (15) days of any changes, and annually. The inventory shall list all vehicles and equipment by manufacturer, ID number, date of acquisition, type, and capacity (as applicable). 8.1.4. Contingency Plan Within ninety (90) days of the Commencement Date of any and each Contract(s) developed as a result of this RFP, the Contractor(s) shall submit a Contingency Plan to the Authorized City Representative for approval. The Contingency Plan must show the Contractor's arrangements to provide vehicles, equipment or personnel and to maintain uninterrupted Service during mechanical breakdowns and in case of natural disaster, emergency downtime, outage, equipment failure or breakdown, or labor dispute or any other situation or condition that would impair Contractor's ability to provide Service. 8.1.5. Transition Plan The Contractor(s) shall cooperate fully and timely with the City and any previous and subsequent provider(s) in any transition of Service to be provided. The Contractor(s) shall cooperate fully with the City, and indicate their capability of supporting the City in: (1) The transition to the Contractor providing Service upon the Commencement Date. (2) The transition from the Contractor to subsequent Contractor(s) or the City providing Services upon expiration of the Contract(s). Exhibit E Page 41 of 123 (3) The transition from the Contractor to subsequent Contractor(s) or the City providing Services upon termination of the current Contract(s). If the Contractor(s) fails to fully and completely transition in accordance with any Contract(s) developed as a result of this RFP and Transition Plan(s), the City may engage the Services of another provider to fully and completely transition in accordance with the Transition Plan(s) and receive reimbursement for such costs from the Contactor. Content Proposers shall include in the in Transition Plan(s) for one or more components of Service is further detailed in Section 10.10(1). 8.1.6. Letter of Credit or Performance Bond Contractor agrees that after the execution of any and each Contract(s) developed as a result of this RFP, and one (1) month or more prior to the Commencement Date, the Contractor shall make, execute and deliver to the City a good and sufficient letter of credit (preferred) or performance bond (alternate) to secure the full, complete and faithful performance of the terms and conditions. Such letter or credit or performance bond shall be in an amount based on twelve (12) months projected fees for each component of Service and shall be renewed each year thereafter throughout the term of any Contract(s) developed as a result of this RFP. The letter of credit shall be an irrevocable direct pay letter of credit issued by a U.S. bank whose long-term debt is rated "A" or better by a Rating Service and which maintains a banking office in the State of Texas. The letter of credit shall be continuously renewed, extended or replaced so that it remains in effect over the life of any Contract(s) developed as a result of this RFP including initial and all renewal terms and until one hundred and eighty (180) calendar days after the termination of any Contract(s) developed as a result of this RFP and shall be issued in the form acceptable to the City. Contractor may offer a performance bond as an alternate to a letter of credit. The performance bond shall be signed by the President or General Officer of the Contractor, together with the signature of the corporate secretary and the corporate seal. The surety shall be a surety company duly authorized to do business in the State of Texas; having an "A" or better rating by A. M. Best or Standard and Poors; included on the list of surety companies approved by the Treasurer of the United States of America; and acceptable to the Contractor and the City. Contractor(s) shall submit with their proposal a proof of the ability to acquire a letter of credit or performance bond that meets or exceeds the requirements described in this RFP in accordance with Section 10.5(1). 8.1.7. City's Responsibilities The City agrees to fulfil the following responsibilities as they relate directly to any Contract(s) developed as a result of this RFP: (1) Designate the Authorized City Representative to provide timely direction to the Contractor(s) and render the City decisions. (2) Timely review and response, if necessary, to reports submitted by Contractor(s). Exhlbtt E Page 42 of 123 (3) Make timely payments upon review and approval of invoices submitted by the Contractor(s) as described in Section 8.1.1. (4) Determine, assess, and collect Liquidated Damages as determined by the Director or designee. (5) Provide to the Contractor(s) an invoice stating the actual cost of repairing or replacing damaged City -owned property in accordance with Section 8.1.13. (6) Develop and implement performance incentives in accordance with Section 8.1.15. (7) Notify the Contractor when transportation Services are required. (8) Pay Facility(ies) directly for all tipping fees associated with delivery of material on behalf of the City. (9) Monitor the personnel, equipment, and vehicle standards as described in Sections 8.1.11, 8.2.5 and 8.2.6. (10) Manage the City's Drop -Off Stations and inform Contractor of complaints and work with the Contractor to resolve complaints regarding transportation of containers at the Drop -Off Stations. (11) Pay charges for any additional deliveries, and any special disposal costs or fees for deliveries requiring re-routing or the use of detours incurred due to the City's direction as provided in Form 9, or as otherwise agreed to by City and Contractor in writing. (12) Provide Solid Waste Containers (e.g. roll off containers), compactors at Drop -Off Station locations and Pedestrian Area Containers. (13) In the event of Solid Waste Containers and compactors damaged by Contractor's drivers, the City will provide the cost of repairs for reimbursement or an invoice to pay for repairs to the welding company. The repairs will be done upon an agreement between the City and Contractor. (14) Request provision of Solid Waste Containers and transportation of Special Event Materials or any other materials required by the City (e.g., managing disaster debris materials). (15) Perform services in the case the Contractor is unable and provide an invoice to the Contractor for reimbursement of the full cost of Service. 8.1.8. Visitation Rights, Inspection Rights and Right to Audit For any Contract(s) developed as a result of this RFP, the Authorized City Representative may view the work performed at any time to determine compliance with the Contract(s), including all equipment, operating procedures, materials and records, and maintenance records. Inspections will occur during operating hours with or without notification to the Contractor(s) and inspection will not relieve the Contractor from any obligation to perform the work strictly in accordance with the Contract(s) and all Applicable Law. The Contractor(s) and/or subcontractor(s) must furnish all reasonable assistance required for its inspection, including cooperation with the Authorized City Representative. Exhibit E Pape 43 of 123 8.1.9. Days and Hours of Operations For each Contract(s) developed as a result of this RFP, the Contractor(s) shall perform Services during the days and hours described herein including days with inclement weather, unless the Director informs Contractor(s) of a suspension of service. An exception to these normal days and hours of operations may be requested by the Contractor(s) from the Authorized City Representative when special or unforeseen incidents occur. The Contractor(s) shall adjust days and hours of operations during holiday weeks in accordance with Section 8.1.10. Collection and transportation of materials collected from Drop -Off Stations or Pedestrian Area Containers may occur on a twenty-four (24) hour basis, so long as any Facility(ies) collected material is delivered to is open to accept material during such hours. The City typically requests Service, including provision and transportation of Solid Waste Containers or Special Event Material or other on -call Services included in this RFP, between the hours of seven (7) a.m. and seven (7) p.m. on Monday through Friday and from seven (7) a.m. until five (5) p.m. on Saturdays. The City may occasionally request Services from the Contractor(s) at other hours so long as such request does not cause violation of Department of Transportation regulations or other Applicable Laws 8.1.10. Holidays The Contractor(s) shall not be obligated to provide Service on New Year's Day (January 1), Thanksgiving Day (Fourth Thursday in November) and Christmas Day (December 25). Holidays may be added, deleted, or changed upon the sole determination of the Director. During the calendar week of each of these holidays, Contractor(s) shall revise their operating schedule for one or more components of Service to ensure that the any requests for Services submitted by the City on a holiday shall be executed within twenty- four (24) hours of resuming regular hours of operation after the holiday. 8.1.11. Personnel Standards Contractor(s) and/or subcontractor(s) shall require the following standards for any personnel required to provide any and all components of Service: (1) Contractor(s) shall furnish such qualified drivers, mechanical, supervisory, clerical and other personnel as may be necessary to provide any and all components of Service required in a safe, economical and efficient manner. All drivers and equipment operators shall be trained and qualified in the operation of vehicles or equipment as required by any Contract(s) developed as a result of this RFP. Contractor's personnel and must have and maintain valid licensee to perform the component of Service including, as necessary, a Commercial Drivers License of the appropriate class issued by the Texas Department of Public Safety. (2) Contractor(s) shall provide operational and safety training for employees who utilize or operate vehicles or equipment under any Contract(s) developed as a result of this RFP. (3) At least ninety (90) days prior to the Commencement Date of any Contract(s) developed as a result of this RFP, Contractor(s) shall designate qualified employees as supervisors of field operations. Any designated supervisor shall be authorized to make decisions and act on behalf of the Contractor(s). Any designated supervisor Exhibit E Pape 44 of 123 shall be available to the City twenty-four (24) hours per day by radio or phone to receive and handle calls and complaints from the City, or to follow up on problems and inspect Contractor's operations. (4) Contractor(s) shall not, nor shall it permit its employees to, demand or solicit, directly or indirectly, any additional compensation or gratuity from members of the public for Service provided under any Contract(s) developed as a result of this RFP. (5) Contractor(s) shall use its best efforts to assure that all employees present a neat appearance and conduct themselves in a courteous manner. Contractor(s) shall regularly train its employees in customer courtesy, shall prohibit the use of loud or profane language, and shall instruct collection crews to perform the work as quietly as possible. If any employee is found not to be courteous or not to be performing any and all components of Service in the manner required by any Contract(s) developed as a result of this RFP, Contractor shall take all appropriate corrective measures. If City has notified Contractor(s) of a complaint related to discourteous or improper behavior, Contractor(s) will consider reassigning the employee to duties not entailing contact with the public while Contractor(s) is pursuing its investigation and corrective action process. (6) All employees of the Contractor(s) and/or subcontractor(s) performing work under the Contract(s) shall be uniformed, showing their association with the Contractor(s) while operating in the field. The City shall retain the right to identify additional personnel standards that shall be agreed to in writing by the City and Contractor(s) and incorporated into any Contract(s) resulting from this RFP. 8.1.12. Litter, Odor, Noise and Other Nuisances The Contractor(s) and/or subcontractor(s) shall conduct equipment operations as quietly as possible and shall conform to applicable Federal, State, County and City noise level regulations. Additional requirements for elimination, limitation and/or mitigation of litter, odor, noise and other nuisances. Contractor(s) shall use due care to prevent Refuse, Garbage, Bulky Items, Acceptable Organic Materials, Recyclables and all other material collected from being spilled or scattered during the transportation process. If any Refuse, Garbage, Acceptable Organic Materials, or Recyclables are spilled during collection, the Contractor shall promptly clean up all spilled materials before leaving the site where the spill occurred. Each vehicle shall cant' all necessary equipment, including a broom and shovel, at all times for this purpose. 8.1.13. Care of City -Owned Property The Contractor(s) shall use due care when handling Solid Waste Containers. Solid Waste Containers shall be returned to the collection point in the same location and orientation as they were placed when collected. If the Contractor or its subcontractor(s) damages or removes the City's real or personal property, the Contractor(s) shall compensate the City for the cost of repair or replacement, whichever the City determines is appropriate under the circumstances. In Exhibft E Page 45 of 123 such event, the City will provide to the Contractor(s) an invoice stating the actual cost of repairing or replacing the damaged property. The Contractor(s) shall provide payment of the invoiced amount within thirty (30) days of its receipt of said invoice. Should the Contractor refuse to compensate the City for the damage incurred, the invoiced amount shall be withheld from the amount payable to the Contractor(s) for services rendered pursuant to any Contract(s) developed as a result of this RFP. This provision does not waive or diminish the City's right to pursue any and all legal remedies to collect for damages caused by the Contractor(s) or its subcontractor(s). 8.1.14. Liquidated Damages For the purpose of computing damages for a Contractor's failure to remedy an action or inaction listed below, it is agreed that the City may deduct from payments due to Contractor(s) or to become due to Contractor. Liquidated Damages listed herein are subject to the cost adjustments resulting in upward adjustments of the rates for each Service (e.g., liquidated damage values are only subject to increase as a result of cost adjustments), except that such Liquidated Damages shall not apply during an Uncontrollable Circumstance: (1) Failure to submit accurate reports, including monthly, quarterly, annual, employment reports, Business Equity payments, and others as specified in any Contract(s) developed as a result of this RFP and invoices in the specked format as defined in Section 8.1.3 of this RFP: two hundred dollars ($200.00) per occurrence. (2) Failure to maintain a staffed office during Working Days: one hundred dollars ($100.00) per occurrence. (3) Failure to notify the Authorized City Representative of changes in key personnel (e.g. Division President, Operations Manager, etc.) and/or to introduce such new personnel to the Authorized City Representative: one hundred dollars ($100.00) per occurrence. (4) Failure of Contractor(s) 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: five hundred dollars per unserviced Solid Waste Container ($500.00). (5) Failure to notify the City of damage to City -owned or private property within two (2) hours: five hundred dollars ($500.00) per incident. (6) Failure to complete collection for any material during the days and times specified in Section 8.1.9 without prior approval by the Authorized City Representative: one hundred dollars ($100.00) per occurrence (7) Failure of Contractor(s) to commence work operations within the time specified in Section 8.2.5(1): one hundred dollars ($100.00). (8) Failure to clean up spilled material collected resulting from loading and/or transporting material as specified in Section 8.1.12: one hundred dollars ($100.00). (9) Chronic use of vehicles for transportation of material collected Section 8.2.6(2) for which the manufacturer's gross allowable vehicle weight exceeds the limits allowable by City Ordinance: one hundred dollars ($100.00) per occurrence. Exhibit E Page 46 of 123 (10) Failure to deliver material to the locations as specified in Section 8.2.3: one thousand dollars ($1,000.00) per occurrence. (11) Failure to provide cooperate with periodic review of performance standards in accordance with Section 8.2.5(3): one thousand ($1,000.00) dollars per occurrence. (12) Disposal of Program Recyclable Materials or Acceptable Organic Materials by the Contractor(s) or its subcontractor(s): two thousand dollars ($2,000.00) per occurrence. (13) Failure or neglect to correct chronic problems in any category of services, including failure to meet any of the requirements as listed in this RFP (chronic shall mean three or more similar incidents within a ninety (90) day period at the same facility). Each instance: one thousand dollars ($1,000.00). (14) Commingling of separate Refuse, Garbage, Bulky Items, Program Recyclable Materials, and/or Acceptable Organic Materials in the same vehicle or with material collected from outside the City without approval in writing by the Authorized City Representative: one thousand dollars ($1,000.00) per occurrence. 8.1.15. Contractor(s) Performance Incentive The City reserves the right to develop performance incentives as part of any Contract(s) developed as a result of this RFP. Performance incentives shall be established at the City's discretion to incentivize Contractor(s) to meet the performance standards of any components of Service by waiving the assessment of some or all Liquidated Damages incurred. 8.2. Drop -Off Station Collection Services This section provides an overview of the technical specifications for all components of Service in this RFP including: Transportation of Solid Waste Containers from Drop -Off Stations to the City's designated Disposal Facility and/or Processing Facilities. Transportation of Solid Waste Containers from Special Events and collection of Special Event Material to the City's designated Disposal Facility and/or Processing Facilities. Collection of material from Pedestrian Area Containers and transportation to the City's designated Facilities. The Contractor(s) shall provide all required equipment and perform, at its expense, any and all components of service included in any Contract(s) developed as a result of this RFP. 8.2.1. Collection Location(s) The collection location(s) for provision Service shall be as follows: (1) Drop-off Stations: a. Brennan Drop -Off Station: 2400 Brennan Avenue, Fort Worth, Texas, 76106 b. Southeast Drop -Off Station: 5150 Martin Luther King Freeway, Fort Worth, Texas, 76119 Exhibft E Pape 47 of 123 c. Old Hemphill Road Drop -Off Station: 6260 Old Hemphill Road, Fort Worth, Texas, 76134 d. Hillshire Drop -Off Station: 301 Hillshire Drive, Fort Worth, Texas, 76052 e. Environmental Collection Center: 6400 Bridge Street, Fort Worth, Texas, 76112 (2) Any future Drop -Off Stations developed by the City. (3) The location of Special Events as determined by the City. (4) The location of current and future Pedestrian Area Containers. Reference Appendix B for the location of current Pedestrian Area Containers. 8.2.2. Designated Service Area Provision of collections under the terms of any Contract(s) developed as a result of this RFP shall be within the incorporated limits of the City. The designated service area may occasionally be enlarged by the Authorized City Representative as annexation, disannexation, or new construction occurs. 8.2.3. Delivery of Collected Materials to Facilities All materials collected through provision of Service, unless otherwise determined by the Authorized City Representative, shall be delivered to facilities as follows: (1) The Contractor(s) shall deliver Garbage and Refuse to the Southeast Landfill (SELF) for disposal located at 6288 Salt Road, Fort Worth, TX 76140. If the SELF is unable to accept such material, at any time during the term of any Contract(s) developed as a result of this RFP, the City shall designate an alternative Disposal Facility to which the Contractor(s) shall deliver such materials. (2) The Contractor(s) shall deliver Program Recyclable Materials to the Materials Recovery Facility located at 6100 Elliot Reeder Road, Fort Worth, Texas 76117, or any other Material Recovery Facility designated by the City. If, at any time during the term of any Contract(s) developed as a result of this RFP, the designated Material Recovery Facility is unable to accept any or all Program Recyclable Materials, the City shall designate an alternative Facility to which the Contractor(s) shall deliver such materials (3) The Contractor(s) shall deliver Acceptable Organic Materials to the Composting Facility located at the SELF. The Fort Worth Southeast Landfill is located at 6288 Salt Road, Fort Worth, TX 76140. Any Acceptable Organic Materials comingled with Refuse, Garbage, Bulky Items, Program Recyclable Materials, or C&D materials shall not be delivered to the Composting Facility. If the Contractor(s) is unable to utilize the designated Composting Facility to deliver Acceptable Organic Materials, at any time during the Contract(s) developed as a result of this RFP, the City shall designate an alternative Facility to which the Contractor(s) shall deliver such materials. (4) The Contractor(s) shall deliver comingled Bulky Items any collected C&D materials to the Fort Worth C&D Landfill, located at 4144 Dick Price Road, Kennedale, Texas. If the Fort Worth C&D Landfill is unable to accept such materials, the Contractor(s) shall deliver such materials to the alternative Facility designated by the City. Exhibit E Page 48 of 123 (5) If Bulky Items or C&D materials contain any putrescible materials or plastic bags, the Contractor(s) shall deliver these loads to the SELF. 8.2.4. Additional Considerations for Alternative Facility(ies) for Delivery of Materials If, at any time during the term of any Contract(s) developed as a result of this RFP, the City or Contractor(s) designates an alternative Facility for delivery of materials, consideration for increased fees payable to the Contractor(s) by the City shall be as follows: (1) If an alternative Facility is designated by the City for delivery of material collected and transported by the Contractor(s) and/or subcontractor(s) in accordance with Section 8.2.3 the Contractor(s) may request changes in the cost to be paid by the City. The change in cost shall be directly proportional to the cost per mile from existing Facility and applied to the distance of the alternative Facility, or as otherwise agreed between the City and Contractor(s). If the parties cannot agree on changes in cost to be charged to the City, the City may issue an RFP and terminate the Contract(s) as described in Section 6.7. The cost of disposal at an alternative Facility shall be paid by the City in accordance with Section 8.1.7(8). 8.2.5. Collection Performance Standards As part of Service, the Contractor(s) shall perform any and all components of Service in accordance with the following collection performance standards: (1) Collection Requirements In accordance with industry standards the Contractor(s) shall transport all Solid Waste Containers from the City's Drop -Off Stations and other locations as requested by the City, to the City -designated Facility pursuant to Section 8.2.3. Additionally, if selected by the City to provide this component of Service, the Contractor(s) shall collect material from Pedestrian Area Containers. There are currently three (3) main areas where street cans are located: The Stockyards, Downtown Fort Worth, and along East and West Lancaster Street. See Exhibit C for a map of existing Pedestrian Area Containers. Additional Pedestrian Area Containers may be added to other areas including the Neighborhood Improvement Program neighborhoods along Home Street and Las Vegas Trail. The City reserves the right to develop Drop -Off Stations or add Pedestrian Area Containers in the future, and any future additional Drop -Off Stations or Pedestrian Area Containers shall be serviced by the Contractor(s). On Saturdays, Contractor(s) shall provide up to three (3) drivers at each Drop -Off Station from seven (7) a.m. to four (4) p.m. to accommodate increased usage by residents. Contractor(s) shall initiate all hauls within two (2) hours after a request by the City has been made unless doing so would make the Contractor(s) in violation of any Applicable Law or unless the City -designated Facility(ies) for any collected materials will no longer accept the material at the expected arrival time of the load. Upon such instance, the load will be picked up no later than thirty (30) minutes after the start of the City -designated Facility operating hours on the next working day. The Contractor(s) shall maintain a staffed office during Working Days. Exhibit E Page 49 of 123 Solid Waste Containers containing any Unaccepted Loads shall be transported to another appropriate destination designated by the City. Disposal of Program Recyclable Materials or Acceptable Organic Materials by the Contractor(s) or its subcontractor(s) shall be prohibited. All transportation under the terms of any Contract(s) developed as a result of this RFP shall be executed in the most efficient and expedient manner possible. The Contractor(s) shall respond to requests by the City for transportation services during a holiday week in accordance with Section 8.1.10. If the Contractor is unable to perform Service at any time, the City may provide service and invoice the Contractor for the full cost of providing Service in addition to any applicable Liquidated Damages pursuant to Section 8.1.14. The City may implement a performance incentive related to the number of instances the Contractor(s) does not comply with the performance standards of any and all components of Service pursuant to Section 8.1.15. (2) Solid Waste Container Exchange On most busy days, the exchange of Solid Waste Containers will be required (replace a full container in line from an empty one on -site). Container exchanges are currently required approximately 20 times per week among all the Drop -Off Stations. If Contractor's vehicles are on site when this is required, the charge to the City will be as provided in Form 9 per Solid Waste Container, or as otherwise agreed to by City and Contractor(s) in writing; if an exchange needs to be made, and the Contractor(s) does not have a truck on site, the charge to the City will be as provided in Form 9, or as otherwise agreed to by City and Contractor in writing; however, if the actual time will clearly exceed the estimate represented in these charges due to site -specific problems or circumstances, Contractor(s) may call that fact to the attention of the City and obtain verbal agreement for a higher charge that will be agreed to by the City and Contractor(s) prior to providing the Service. (3) Periodic Review of Performance Parameters Contractor(s) shall periodically review the performance parameters under any Contract(s) developed as a result of this RFP with intention of determining whether Services are being provided in the most efficient and expedient manner possible. To review if Services are being provided in the most efficient and expedient manner possible, the Authorized City Representative will assign a City staff member to audit the Contractor(s) by following the Contractor's vehicle from the time the Contractor(s) is notified that transportation services are needed to delivery of material at the designated Facility to confirm that Services are being provided in the most efficient and expedient manner possible. 8.2.6. Vehicles and Equipment Standards The Contractor(s) shall perform Service in accordance with the following vehicle and equipment performance standards: Exhibit E Page 50 of 123 (1) General Contractor(s) shall provide a fleet of roll -off vehicles, rear -loading vehicles, or other vehicle types sufficient in number and capacity to perform the work required by any and all component of Service, as applicable, including any requirements for data collection, documentation and reporting related to service verification and in -field re- routing. The normal flow of work shall not include on -call Service requested by the City to support the management of surges of material generated by a Storm Event. Contractor shall have available sufficient back-up vehicles to respond to complaints and emergencies which can be reasonably anticipated. The Contractor(s) shall permit Authorized City Representative or otherwise assigned City personnel to inspect all vehicles to be used to provide any and all components of Service no later than thirty (30) days before the Commencement Date of any Contract(s) developed as a result of this RFP and annually each year of the Contract(s) thereafter. The City prefers, but does not require, the Contractor(s) to utilize vehicles or equipment containing Alternative Fuel engines. The City has a preference to minimize emissions from vehicles used in the performance of any component of Services, including the use Renewable Natural Gas (RNG) in addition to conventional fossil -derived Compressed Natural Gas (CNG). The Contractor(s) shall indicate any vehicles utilizing Alternative Fuel engines as described in Section 10.7.3(3). (2) Specifications All vehicles and equipment used by Contractor(s) in providing transport of materials under any Contract(s) developed as a result of this RFP shall be in good repair and designed to prevent leakage, spillage or overflow. The average age of each type of vehicle and equipment utilized by the Contractor(s) shall not exceed eight (8) years, and no vehicle or equipment shall be more than twelve (12) years of age. Any vehicle reaching twelve (12) years of age during the term of any Contract(s) developed as a result of this RFP shall be taken out of service. Contractor(s) shall use an appropriately -design truck and driver for the pick-up and hauling of City Solid Waste Containers from Drop -Off Stations to the designated Facility(ies). Additionally, if selected by the City to provide this component of Service, the Contractor(s) shall use appropriately -design truck and driver for servicing Pedestrian Area Containers. All vehicles and equipment utilized for any and all components of Service shall comply with U.S. Environmental Protection Agency noise emission regulations and other applicable noise control regulations. Contractor(s) shall also ensure that Gross Vehicle Weight (GVW) of all vehicles, even when loaded, does not exceed vehicle license limitations to protect the roadways of the City. City shall be responsible for off-loading and storing sufficient material so that such license limitations are not exceeded in the case that a Solid Waste Container exceeds weight limitations. All equipment, tools, and machinery used for handling materials and executing any component of Service shall be subject to approval by the Authorized City Representative and shall be maintained in satisfactory condition. Equipment used by Contractor(s) and/or subcontractor(s) shall be such that no injury to workers or Exhibit E Page 51 of 123 property should result from its proper use. Contractor(s) shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work and Services performed under any Contract(s) resulting from this RFP. Contractor(s) shall provide reasonable protection to prevent property loss or damage and/or personal injury to persons, including but not limited to, employees performing such work and all other persons who may be affected thereby. (3) On -Board Technology The City encourages but is not requiring Contractor(s) to include the following on- board collection vehicle technologies and supporting systems in the provision of any and all components of Service. These technologies would be intended to facilitate compliance with the recordkeeping and reporting requirements pursuant to Section 8.1.3. All vehicles and equipment should include both in -cab and exterior cameras that are able to document any service verification needs as determined by the City. Cameras should be supported by data management platform that is 5G enabled and compatible with the City's data management system. If a Proposer does not utilize the suggested technologies and systems they must include description of its approach to meet all recordkeeping and reporting requirements consistent with Section 10.7.3(8). (4) Vehicle Identification The Contractor's name, local telephone number, City's call center telephone number shall be displayed in letters and numbers no less than four (4) inches high and the identification number shall be displayed in letters and numbers no less than two and one-half (2.5) inches high. Contractor(s) shall not place the City's logo on its vehicles. (5) Equipment Inventory Contractor(s) shall furnish the City a written inventory of all vehicles and equipment used in providing any and all components of Services as described in Section 8.1.3(12) and shall update the inventory annually. The inventory shall list all vehicles by manufacturer, ID number, date of acquisition, type, and capacity. (6) Cleaning and Maintenance Contractor(s) shall maintain all properties, facilities and equipment used in providing Service under any Contract(s) developed as a result of this RFP in a safe, neat, clean and operable condition at all times. Vehicles used in the provision of any and all components of Service 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 cleaning and maintenance requirements. (7) Inspection Contractor(s) and/or subcontractor(s) shall inspect each vehicle and each piece of equipment daily to ensure that all equipment is operating properly and complies with Exhibit E Page 52 of 123 Applicable Law. Vehicles which are not operating properly or do not comply with Applicable Law shall be taken out of service until they are repaired and operate properly and comply with Applicable Law. Contractor(s) and subcontractor(s) shall perform preventive maintenance and all scheduled maintenance functions in accordance with the manufacturer's specifications and schedule. Contractor(s) and/or subcontractor(s) shall keep accurate records of all vehicle maintenance, recorded according to date and mileage, and shall make such records available to the City upon request to the extent necessary to ensure compliance with manufacturer's recommended scheduled for vehicle and/or equipment service. (8) Repair Contractor(s) and/or subcontractor(s) shall repair or arrange for the repair of all of vehicles and equipment (including in -cab equipment or other ancillary equipment as applicable) for which repairs are needed because of accident, breakdown or any other cause so as to maintain all equipment in a safe and operable condition. Contractor(s) and/or subcontractor(s) shall maintain accurate records of repair, which shall include the date, mileage, nature of repair and the signature of a maintenance supervisor that the repair has been properly performed. (9) Storage Contractor(s) and/or subcontractor(s) shall store vehicles at a site in accordance with City's applicable zoning regulations. The Contractor shall document the location and present evidence of sufficient storage capacity for vehicles as part of the Transition Plan. (10) Applicable Laws Contractor(s) 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(s) for the Services provided to the City under any Contract(s) developed as a result of this RFP shall be excluded from the Grant of Privileges fee required by Section 12.5-856 of the City Code. 9. PROPOSAL FORMAT 9.1. General Instructions (1) To provide for ease and uniformity and to aid in the evaluation of proposals, Proposers shall comply with the sequence outlined herein. In numbering proposals, the Proposer shall use the same section numbers and titles and shall provide its responses in the same order as each item is numbered and ordered herein. Failure to comply may result in rejection of the proposal. The proposal shall be completed in sections which are described below. (2) Proposers should be aware that all technical and operational specifications, equipment descriptions and marketing material submitted or made available will be incorporated by referenced into any Contract(s) developed as a result of this RFP. The City discourages the inclusion of general marketing material, equipment Exhibit E Page 53 of 123 manuals, or large financial statements unless they are used to provide specific information or specifically requested by the City. (3) The Proposer shall provide one electronic copy in text searchable format, via flash drive or compact disk, along with three (3) bound hard copies of the proposal before the due date for proposals. 9.2. Proposal Format 9.2.1. Signatures All required signatures shall be manual, in ink by an authorized representative of the Proposer who has legal authority to bind the Proposer in contractual obligations. Proposals by corporations must be executed in the corporate name but the President or Vice President (or other corporate officer if accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the Corporate Secretary or an Assistant Secretary. The corporate address and state of incorporation shall be shown below the signature. Proposals by partnerships must be executed in the partnership name and signed by a partner. His/her title must appear under his/her signature and the official address of the partnership must be shown below the signature. 9.2.2. Forms Proposers shall submit their proposals on the forms provided in this RFP (Forms 1-15). 9.2.3. Proposal Format Proposals shall be submitted in the format indicated in Table 8. The content required to be included in each section is detailed in Section 10 of this RFP. Table 8: Proposal Format Section Content Section 1 Letter of Intent None Section 2 Company History and Ownership None Section 3 Company Experience None Section 4 Statement of Organization Form 2 Proof of Satisfaction of Minimum Form 1 Section 5 Qualifications and Experience Section 6 Conflicts of Interest Questionnaire Form 3 Section 7 Method of Approach Form 1 Section 8 Key Personnel None Section 9 Contractor's Representative None Section 10 Required Planning Documents None Section 11 Financial Statement None Section 12 Financial Capacity None Litigation, Regulatory Actions, and None Section 13 Payment of Liquidated Damages History Section 14 Suspension or Debarment Form 4 Section 15 RFP Submission Checklist Form Form 5 Section 16 Compliance Records None Section 17 Acknowledgement of Addenda Form 6 Form Exhibit E Page 54 of 123 Section 18 Exceptions Form Form 7 Section 19 Non -Collusion Agreement Form 8 Section 20 All Other Forms Forms 10-15 Section 21 Cost Proposal Form 9 Each Proposer shall submit its Price Proposal (Form 9) in a separate sealed envelope (or box) and flash drive from the rest of its submission at the same time the RFP Submission is submitted and on or before the Submission Deadline pursuant to Section 5.1(2). 9.2.4. Typed or Inked Corrections Proposals shall be typed or in ink. Erasures, interlineations or other modifications in the Proposal shall be initialed in ink by the person authorized to sign the Proposal. 10. PROPOSAL CONTENT REQUIREMENTS The proposal shall contain all of the following information applicable providing Service: 10.1. Letter of Intent The Letter of Intent shall be signed by the person authorized to sign the Proposal and shall: (1) Be presented on company letterhead (2) Identify the submitting organization (3) Identify each component of Service included in the Proposal consistent with Form 1 (4) Identify the name, title, contact number, email address and physical address of the person to be contacted during the RFP process (5) Identify any subcontractors to be utilized Additionally, the Letter of Intent shall include the following statements: (6) Proposal Binding for One Hundred Eighty (180) Days. The proposal shall be binding for one hundred eighty (180) days pursuant to Section 4.1.2. Each proposal shall contain a statement that the proposal is a firm offer for a one hundred eighty (180) calendar day period from the Proposal Opening Date specified in Section 4.1.1, Table 5 of this RFP. (7) Representation as to Accuracy and Completeness of Proposal. 'The information contained in this Proposal or any part thereof, including exhibits, schedules, and other documents and instruments delivered or to be delivered to the City, are true, accurate, and complete to the Proposer's knowledge. This proposal includes all information necessary to ensure that the statements herein do not in whole or in part mislead the City as to any material facts." 10.2. Company History and Ownership In addition to the information provided in the Letter of Intent, Proposers shall provide a brief overview of company history and current ownership in narrative form. If owned by a private equity or investment firm, please provide the name of the private equity or investment firm and when the operating entity was acquired. All subcontractors must be identified, including the role of each subcontractor listed in Form 2. Exhibit E Page 55 of 123 10.3. Company Experience Proposer shall briefly describe in narrative format the Proposer's experience. The Proposer shall communicate their company background and history, with a specific focus on history in Fort Worth, Dallas -Fort Worth Metroplex and Texas. 10.4. Statement of Organization Proposer must complete the Statement of Organization Form (Form 2). Proposers are permitted to supply additional information that will assist the City in understanding the Proposer's organization. 10.5. Proof of Satisfaction of Minimum Requirements and Experience Proposers shall meet the following minimum requirements to be considered for award of the Contract(s). (1) Ability to Acquire Letter of Credit and/or Performance Bond. Proposers shall submit with their RFP Submission a letter indicating proof of the ability to acquire a letter of credit (preferred) and/or Performance Bond (alternate) that meets or exceeds the requirements described in Section 8.1.6. The surety shall be a surety company duly authorized to do business in the State of Texas; having an "A" or better rating by A. M. Best or Standard and Poors; included on the list of surety companies approved by the Treasurer of the United States of America; and acceptable to the City. (2) Minimum Qualification and Experience. Proposer shall complete Form 1.1 through 1.4, as applicable, based on the components of Service included in the RFP Submission. If the Proposer indicates they are including Drop -Off Station and/or Special Event collection in its RFP Submission, the Proposer shall demonstrate they have the preferred minimum experience of five (5) years of experience for which the Proposer has successful experience servicing Solid Waste Containers at Drop -Off Stations, as part of special event collection, or C&D hauling services for a minimum of 500 pulls per year. For each reference, Proposer shall complete Form 1.1 and 1.2, which requires the following information. Name of customer and description of services provided, including number Solid Waste Containers serviced annually. ii. Contact person, including name, title, phone number, and email address. iii. Number of years of service and year in which services began. iv. Additional project information including number of Drop -Off Stations serviced, special events and/or description of projects where C&D material was hauled, listing of quantity and type of equipment serviced and any other support services offered. If the Proposer indicates they are proposing on the Pedestrian Area Collection in its RFP Submission, the Proposer shall demonstrate they have the preferred minimum experience of five (5) years for which the Proposer has at least three (3) recent references to whom Pedestrian Area Collection (or similar service) has been provided. References are not limited to only service of public receptacles and may include Exhibit E Page 56 of 123 customers that require service using the same vehicle and equipment type that is proposed as part of the RFP Submission for Pedestrian Area Collection (e.g., rear -load collection). For each reference, Proposer shall complete Form 1.3 and 1.4, which requires the following information. i. Name of customer and description of services provided, including number of containers serviced annually. ii. Contact person, including name, title, phone number, and email address. iii. Number of years of service and year in which services began. iv. Additional project information including listing of quantity and type of equipment utilized and any other support services offered. 10.6. Conflict of Interest Questionnaire Proposer must complete the Conflicts of Interest Questionnaire Form (Form 3). In addition, the Proposer shall list and describe the Proposer's professional relationships involving the City or any of its agencies or component units for the past five (5) years. 10.7. Method of Approach Proposers indicate in Form 1 which components of Service are included in their RFP Submission as described in Section 1.1. Proposers must provide the following information related to each component of Service. 10.7.1. Disposal and Processing Facility(ies) (1) Proposers shall confirm their intention to utilize the Disposal Facility in accordance with Section 8.2.3(1) and indicate the materials that will be delivered to SELF for Disposal. (2) Proposers shall confirm their intention to utilize the Fort Worth C&D Landfill in accordance with Sections 8.2.3(2) and 8.2.3(5) and indicate the materials that will be delivered to the Fort Worth C&D Landfill for Disposal. (3) Proposers shall confirm their intention to utilize the Material Recovery Facility in accordance with Section 8.2.3(3). (4) Proposers shall confirm their intention to utilize a Composting Facility in accordance with Section 8.2.3(4). (5) Proposers shall provide the following information for any alternative Facility(ies) that could be designated for use in accordance with Section 8.2.4(1): a. Name, location, and description of the alternative Facility(ies). b. Type of material that would be disposed and/or processed at each location. c. Name of owner and operator of the alternative Facility(ies), identifying whether the company that owns and/or operates the facility is the same as the Proposer, a related -party entity, or subcontractor. d. Alternative approaches to adjusting pricing for any alternative Facilities designated by the City from the approach detailed in Section 8.2.4. Exhibit E Page 57 of 123 10.7.2. Vehicles and Equipment Proposer shall meet the collection vehicle and equipment requirements as set forth in Section 8.2.6 of this RFP. Proposer shall provide a description of all vehicles to be used to provide any and all components of Service under any Contract(s) developed as a result of this RFP. Descriptions shall include: (1) Make, model, age and fuel type of each proposed vehicle, including descriptions of all proposed on -board equipment and systems categorized by component of Service. Photos of each type of vehicle and on -board technology should be included. (2) Number of front line and spare vehicles to be used to perform Service, categorized by component of Service. (3) Any vehicles or equipment utilizing natural gas or Alternative Fuel engines categorized by component of Service. (4) Any future equipment to be acquired and a timeline for acquisition of new equipment categorized by component of Service. (5) Number of personnel needed to conduct each component of Service. (6) Proposed maintenance program for all vehicles and equipment used to perform Services, including a proposed frequency of cleaning vehicles categorized by component of Service. (7) Proposed location for vehicle storage, repair, maintenance and fueling for each component of Service. (8) Approach to providing Solid Waste Container exchanges or rentals, if applicable. (9) How charges would be assessed for any deliveries requiring re-routing or the use of detours at the City's request. 10.7.3. Personnel Proposer shall meet the personnel standards as set forth in Section 8.1.11 of this RFP. Proposer shall describe the following: (1) Number of front line and spare staff to be used to perform Service, categorized by component of Service. (2) Policies and procedures that are in place to ensure that personnel performing services are qualified and proficient, categorized by component of Service. (3) Any training programs for personnel for each component of Service. (4) Dress code that is required for personnel for each component of Service. (5) Procedure for hiring personnel to ensure continuity of service, particularly during labor shortages. 10.7.4. Pedestrian Area Containers If included in the RFP Submission and indicated on Form 1, the Proposer shall explain their approach and anticipated frequency of servicing Pedestrian Area Containers in the City in a accordance with Section 8.2.5(1). There are currently three (3) main areas where street cans are located. The Stockyards, Downtown Fort Worth, and along East Exhibit E Page 58 of 123 and West Lancaster Street. Additional Pedestrian Area Containers may be added to other areas including the Neighborhood Improvement Program neighborhoods along Home Street and Las Vegas Trail. The City reserves the right to develop Drop -Off Stations or add Pedestrian Area Containers in the future, and any future additional Drop - Off Stations or Pedestrian Area Containers shall be serviced by the Contractor(s). See Exhibit C for a map of existing Pedestrian Area Containers. 10.8. Key Personnel Proposer shall provide an organization chart for key personnel and job descriptions indicating the qualifications and experience of key personnel the Proposer would assign to the transition team and to the ongoing management. For positions that are currently unfilled, identify minimum qualifications for that position. Specify the amount of time each individual will be dedicated to work on the Contract(s). Provide resumes, names, and phone numbers of municipal references of the key proposed management team members. In addition, please describe the level of experience and/or familiarity that each of the key personnel have with the City, whether personal or professional. At a minimum, key personnel shall include the general manager, operations manager, maintenance manager and any other personnel that will have regular contact with the City. 10.9. Contractor's Representative Identify Contractor's Representative who will be in charge of the Proposer's operations under any Contract(s) developed as a result of this RFP and who is authorized to make decisions and act on its behalf. Provide a brief description of communications plan between Proposer and City including expected frequency of in -person coordination meetings and other forms of regular communications. 10.10. Required Planning Documents Transition Plan. Proposers shall describe proposed strategies to ensure a smooth transition from the City's current Contractor to the successful Proposer. The proposed transition plan is of critical importance to the City. The transition plan must be complete by the Commencement Date. In the transition plan, the Proposer must describe, at a minimum, the following: Individual or group of individuals that will oversee the execution of the transition plan for each Service. Approach to acquisition of equipment and personnel, training of personnel, etc. Overall schedule for the transition including dates of key milestones. Proposers should utilize the timeline provide in Section 4.1 as the basis of the timeline for the milestones. Confirmation of the Commencement Date in accordance with Section 4.1, Table 5. Approach to optimizing any and all components of Service to capture efficiencies related to route density or advanced technology to remotely identify how full a Solid Waste Container or Pedestrian Area Container to minimize service of partially empty material storage equipment. Exhibit E Page 59 of 123 Any other information that will help the City evaluate the Proposer's ability to seamlessly transition the provision of any and all components of Service. Contingency Plan. Proposers shall describe proposed Contingency Plan to ensure adequate continuity of any and all components of Service, as applicable. Contingency Plan shall meet the requirements of Section 8.1.4 and must describe, at a minimum, the following: a. The Contingency Plan if any Facility utilized under any Contract(s) resulting from this RFP falls behind schedule and fails to meet the City's schedule requirement. Per Section 8.1.14, the City will have the right to assess Liquidated Damages for missing the Commencement Date deadline. b. The Contingency Plan if any vehicles or equipment experience unplanned downtime, including the capability of providing back-up vehicles or equipment and the capacity to ensure continuity of Service in a timely manner and at no added cost to the City. Recordkeeping and Reporting Plan(s). Proposer shall provide a Recordkeeping and Reporting Plan describing how it will create and maintain records and reports and otherwise meet the requirements of Section 8.1.3. Proposer shall provide one or more sample report formats with the Proposal. In the case the on -board equipment is not intended to be utilized as described in Section 8.2.6(3), Proposer shall describe the approach to meeting the recordkeeping and reporting requirements. 10.11. Financial Statement Proposer shall furnish a copy of the Proposer's audited financial statements for the most recent two (2) years for which the Proposer has completed audited statements as an attached appendix to the proposal, which shall not count toward the page limit in accordance with Section 6.3(3). If these documents are available online Proposers may provide excerpted information and a hyperlink to the location of the information online. Any financial statements included in the proposal shall not count against the page limit in accordance with Section 6.3(3). In addition, Proposer shall disclose whether Proposer or parent company has ever filed for bankruptcy. In the event the Proposer does not have an audited financial statement, Proposer may substitute non -audited financial statement and complete federal tax return for the last two (2) years. 10.12. Financial Capacity If the Proposer intends to purchase vehicles, equipment or construct a Facility to provide Service, the Proposer shall provide proof of financial capacity to provide that the vehicles, equipment or Facility that meets the minimum requirements of this RFP. The proof provided will be at the discretion of the Proposer, but must clearly demonstrate the capacity to develop and maintain adequate working capital. The information provided should show both financial resources and a history of strong financial profit and loss performance indicating the capacity to repay debt. The Proposer should, at a minimum, include the following information- (1) Planned source of funds for the project, including all debt and equity and approximate allocations from each source. Exhibit E Page 60 of 123 (2) Summary financial statements for the operating entity that will develop and operate this project (do not submit annual reports for publicly traded parent companies). (3) Disclosure of whether the Proposer has filed bankruptcy or defaulted on any loans. (4) Letters of support from financial partners, including guarantees from parent companies if a parent company will be providing equity for the project. 10.13. Litigation, Regulatory Actions and Payment of Liquidated Damages History Proposer shall describe all past and pending civil, legal, regulatory, and criminal actions now pending or which have occurred in the past ten (5) years against key personnel, Proposer, Proposer's subcontractor(s), and all subsidiaries owned by Proposer. Specific to liquidated damages, list the amount of liquidated damages that were paid, the name of the jurisdiction to which damages where paid, and the event(s) that triggered the damages. Proposers are only required to provide information on these actions if they occurred in the States Arizona, Arkansas, Florida, Kansas, Louisiana, Nebraska, Oklahoma or Texas. 10.14. Suspension or Debarment Proposer must complete the Suspension or Debarment Certificate (Form 4). Failure to complete the Suspension or Debarment Certificate may result in rejection of the proposal. 10.15. RFP Submission Checklist Form Proposer must complete the RFP Submission Checklist Form (Form 5) that identifies sections of the RFP Submission required to be considered as part of the evaluation process described in Section 6.6. Failure to complete the RFP Submission Checklist Form may result in rejection of the proposal. 10.16. Compliance Records Proposer shall submit copies of all notices of violations, corrective action notices, enforcement actions or orders, warning notices, or other forms of permit violation/non- compliance documentation that the Proposer and Proposer's subcontractor(s) received in the past five years (5) from public agencies such as, but not limited to, the U.S. EPA, TCEQ or any local enforcement agency that involve the Proposer, Proposer's subcontractor(s), or Proposer's parent company and subsidiaries. In addition, provide a statement disclosing any and all fines, penalties, settlements, or damages of any kind paid by Proposer, Proposer's subcontractor(s), Proposer's parent company and subsidiaries, to public agencies in the past five (5) years. Additionally, identify any agreements in the past five (5) years that have ended prior to the expiration date that involve the Proposer, Proposer's subcontractor(s), or Proposer's parent company and subsidiaries due to any of the following reasons: (1) Assignment of the agreement to another vendor (2) Termination of the agreement (3) Mutual agreement with the customer to discontinue service (4) Other reason Exhibit E Page 61 of 123 10.17. Acknowledgement of Addenda Proposer must complete the Acknowledgement of Addenda Form (Form 6). Failure to acknowledge all addenda may result in rejection of the proposal. 10.18. Exceptions Proposer must complete the Exceptions Form (Form 7) including a description of the exception and the location with their proposal that details the exception. If there are no exceptions, this should be identified and submitted as part of Form 7. Failure to complete Form 7 may result in rejection of the proposal. 10.19. Non -Collusion Agreement Proposer must complete the Non -Collusion Acknowledgement Form (Form 8). Failure to complete Form 8 may result in rejection of the proposal. 10.20. All Other Forms Proposer must complete all other forms as specified in this section. Failure to complete all forms may result in rejection of the proposal. Other forms are as follows: (1) Form 10: Instructions to Bidders About the Business Equity Goal (2) Form 11: Business Equity Division Letter of Intent (3) Form 12: Business Equity Utilization Form (4) Form 13: Business Equity Good Faith Effort Form (5) Form 14: Business Equity Joint Venture Eligibility Form (6) Form 15: Business Equity Prime Contract Waiver 10.21. Price Proposal Proposer shall complete the Cost Proposal Form (Form 9) to provide the City with the Proposers cost proposals for each component of Service for which the Proposer is including in their RFP Submission as indicated in Form 1. Proposers shall leave any areas that are not included in the RFP Submission blank, and Proposers shall clearly indicate any areas of Form 9 that are left intentionally blank. Additionally, Proposers shall provide description of any operational efficiencies and cost savings that could be provided if awarded multiple components of Service. Exhibit E Page 62 of 123 Exhibit A — Forms FORM 1: Minimum Qualifications and Experience Form Proposers shall indicate which components of Service is included in their RFP Submission as described in Section 1.1. The components of service table is provided for Proposers to indicate the components of Service that are included in their RFP Submission Components of Service Table 1 Components of Service Included in RFP Submission Transportation of Solid Waste Containers from Drop -Off Stations to the City's designated Facilities. Transportation of Solid Waste Containers from Special Events and collection of Special Event Material to the City's designated Facilities. Collection of material from Pedestrian Area Containers and transportation to the City's designated Facilities. In the case that multiple components of Service are selected, the combination of Services shall be evaluated. Proposers shall indicate in the space provided below if they would be willing to provide individual components of the combination indicated for the City's consideration (e.g., if all three components are selected, although the Proposer would be willing to provide Pedestrian Area Container service only). Ex ii Z E Paae 63 of 121 Form 1.1 — Drop-off Station and Special Event Collection Service — Point of Contact If Drop -Off Station and/or Special Event Collection is included in the RFP Submission and indicated in the Components of Service Table, Proposers shall furnish the following information for at least three (3) recent references to whom Drop-off Station Collection Service has been provided servicing Solid Waste Containers at Drop -Off Stations, as part of special event collection, or C&D hauling services for the preferred minimum of a total of 500 pulls per year as described in Section 10.5.2(2). Proposer's Name 1' Customer Name Name of Contact Title of Contact Present Address City, State, Zip Code Telephone Number ( ) Email Address 2. Customer Name Name of Contact Title of Contact Present Address City, State, Zip Code Telephone Number ( ) Email Address 3. Customer Name Name of Contact Title of Contact Present Address City, State, Zip Code Telephone Number ( ) Email Address Exhibit E Pape 64 of 123 Form 1.2 — Drop -Off Station and Special Event Collection Service - Service Description Proposers may copy this form and submit as many as applicable based on the references provided in Form 1.1 Experience Information: Name of Customer: Location: Contact Name: Telephone Number: Experience Overview: Dates of Service: Contract End Date: Number of Solid Waste Containers Serviced Annually Title: Email Address: Additional Minimum Qualification and Experience: See Section 10.5(2) for further description of information to provide. Blank sheets with continued additional experience/project descriptions, drawings or photos may be included as attachments to this Form. Exhibit E Pape 65 of 123 Form 1.3 — Pedestrian Area Container Collection Service — Point of Contact If Pedestrian Area Container Collection is included in the RFP Submission and indicated in the Components of Service Table, Proposers shall furnish the following information for at least three (3) recent references to whom Pedestrian Area Collection (or similar service) has been provided. References are not limited to only service of public receptacles, but may include customers that require service using the same vehicle and equipment type that is proposed as part of the RFP Submission (e.g., rear -load collection). Proposer's Name Customer Name Name of Contact Title of Contact Present Address City, State, Zip Code Telephone Number ( } Email Address 2. Customer Name Name of Contact Title of Contact Present Address City, State, Zip Code Telephone Number ( ) Email Address 3. Customer Name Name of Contact Title of Contact Present Address City, State, Zip Code Telephone Number ( ) Email Address Exhibit E Page 66 of 123 Form 1.4 — Pedestrian Area Container Collection Service — Service Description Proposers may copy this form and submit as many as applicable based on the references provided in Form 1.3 Experience Information: Name of Customer: Location: Contact Name: Telephone Number: Experience Overview: Dates of Service: Contract End Date: Number of Containers Serviced Annually Title: Email Address: Additional Minimum Qualification and Experience: See Section 10.5(2) for further description of information to provide. Blank sheets with continued additional experience/project descriptions, drawings or photos may be included as attachments to this Form. Exhibit E Page 67 of 123 Proposer Name: Full Name of Business: Type of Corporate Entity: Tax I D: Principal Business Address: Local Business Address: (if available) Contact Name: Telephone Number: Authorized Representative(s) FORM 2: STATEMENT OF ORGANIZATION Title: Email Address: Provide the names of authorized representative(s) of the Proposer who has legal authority to bind the Proposer in contractual obligations: (A) (B) (C) Exhibit E Page 68 of 123 Subcontractor(s) List all firms participating on this proposal: (A) Business Equity Firm: ❑ No ❑ Yes Component of Service: ❑ Drop off Station(s) ❑ Special Events ❑ Pedestrian Area Containers (B) Business Equity Firm: ❑ No ❑ Yes Component of Service: ❑ Drop off Station(s) ❑ Special Events ❑ Pedestrian Area Containers (C) Business Equity Firm: ❑ No ❑ Yes Component of Service: ❑ Drop off Station(s) ❑ Special Events ❑ Pedestrian Area Containers (D) Business Equity Firm: ❑ No ❑ Yes Component of Service: ❑ Drop off Station(s) ❑ Special Events ❑ Pedestrian Area Containers Exhibit E Pape 69 of 123 FORM 3: CONFLICT OF INTEREST QUESTIONNAIRE (CIQ) CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For vendor doing business with local governmental entity This questionnaire reflects ehangos made to the law by H.B. n 84ih tap., Regular Sessiom OFFICE USE ONLY This questionnaire is bent filed in accordance with Chapter 176. Local Goverment Code, by a vendor who NO Fece�reC has a business relationship as detined by Section 176.001(1-a) with a local gweremental entity and the vendor toasts requirements under Section 176.006(a). By law this questionnaire islet be Clad with the records �:, — of the local gmemmental ertiy not later Jim the 1th business day *W the date the vendor becomes aware of tads that require the statement to be tied. See Section 176.0064-1). Local Government Code. A verdor corrrrrts an offense if the vendor lama ugly violates Section 176A06, Local Government Code. An offense under leis sector is a misdemeanor. J Norm olvendor who has a business rolationship with local governmental entity. J Check ihfa W, Hyou arc filing an update to a p viously filed questionnaire. (The law raquros that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally tied questiarmarre was incomplete or inaccurate.) J Name of local government officer about whom the Information Is being disclosed. Name of Officer ,J Describe each employment or other business relationship with the local , . oflim or a family member of the officer, as described by Seabee 176.003(a=A). Also dsserWe any family relationship with the local government oifieor. Complob subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIO as nocesomy. A. Is the local gwemmerd officer or a family member of the officer receiving or likely to receive taxable income, other than investment income. from ffe vendor? a Yes a No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes a No J Describe each entploynant or business relationship that "vendor named In Soction 1 malntakts with a corporation or otter btatlrwas erdily with moped to which it* lord , . t officer serves as an officer or direcliK or holds an ownership Yrisred of one percent or more. J ❑Check this box it the vendor has green the local gwemment officer or a family member of the officer one or more gifts as described in Section 176.0D3(ax2)(B), excluding gifts described in Section 176.003(a-1). 71 Signature or vernier doig business witri as tl - r e I emay t= Form pravifed by Texas Ethics Commission www.ethics.state_tx.us Revised 111f'i121 Exhibit E Page 70 of 123 FORM 4: SUSPENSION OR DEBARMENT CERTIFICATE Non -Federal entities are prohibited from contracting with or making subcontract awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement for goods or services equal to or in excess of $100,000.00. Contractors receiving individual awards for $100,000.00 or more and all subcontract recipients must certify that the organization and its principals are not suspended or debarred. By submitting this offer and signing this certificate, Proposer certifies that no suspension or disbarment is in place, which would preclude receiving a federally funded contract under the Federal OMB, A-102, Common Rule, as may be amended. Company Name: Signature of Company Officer: Company Officer Printed Name: Title Exhibit E Page 71 of 123 FORM S: RFP SUBMISSION CHECKLIST FORM Prmp— anal cwwm p tti WlaMrq &--NKt ar wt— 91at — 111 ww In to" RFP SubMubn aid V. papa a rsrps d p" vtlara ar asdbrl la In V.W RFP Su0rraaalan. Pmpoaars moat Inchmio ad aactiar IparA babr In 91s1r MP Subtsaalar. N a saCW K"d Wl M na WxkWW In 01a RFP SUMNubn. Proposers moat provbs a brbf aapW ekn of 9r rMapn VAY. Faaaa b ConpNp Vaa lam nuy nt" In "MOO on d Na PR.ypaal. FWP McMn Mellor TM Foam Maaaa M RFP Mbdrbn N not 10W d In RFF auealbdan, Mob as Elacararrlc FM Fpya) Hera Cepy Faaa(a) in raaaon Wly In Frapaaal FrapeaY 10.1 LM 01 ~ Nor 10 on rrallb Hone 10,3.3 Now 10A Farm 2 10.311) ADIYIyb LMprd gads an0'a Parfmlrrra 9atl Nar 10.SIi) �`y�'raa� and ElOYaro Fam1 10a CpaltbdlriMasi va4n Fam3 107 ale dAppcaUl Fam1 10 a MY P—nel N— " " aRapraNnban or N' I1077p07r7) T Nor 101g2) Conryan y Plal NaM 10.10'31 RacarpMpaq .4 R.P—m Pp Nor F[rmiYSWrrwa Nor I10.11 1012 Frsrlal Cap 1v N- 10.13 LOpab., RaQ#lpry Ad -, and Paynrd d Lgadelad Darna9a dear, N" 110.1a of Dabwlwa tmn1 11013 lilY�w,�rcabt Fam IFam 3 (70.18 Caraplarica �aCorba IN— +7017 11All xi, IFarma 1 101a Eaapaor m IF-7 1 10.19 =Aaa�nara 'FamB 102D 1 10.2g1) anlmtfasb Wdvaa The Btraraa EWay 9aal IF-10 1 102012) DI— LQaar d raa,y IF— 11 1 10.20(3) � La9raam Fmn — 12 I I 1 tOlga) EpIIF/Gaoa raiai Farm Pam 13 � r r l.anbacbr WeNr I10.20t6 10.21 Coal PraabY' IOF— 93 I 1 m"pa 1.haw9•to bad.4s baNaMgarnrfdOalOmMap1d9. saala areaM IN'9llrapalmb aub~OWmab64e9n79.U4 EXIM E Pp 72d12J FORM 6: ACKNOWLEDGEMENT OF ADDENDA Proposers shall acknowledge each addendum included in this RFP by filling in the addenda number and checking the box to indicate they have received each addendum. Addendum Number Acknowledgement of Receipt of Addenda Exhibit E Page 73 of 123 FORM 7: EXCEPTIONS Proposer Name: List any exceptions to the RFP or draft contract in the table space provided on the following page. Proposers shall include the exception, a summary discussion of reasons for the exception, any proposed altemative language, the location in the RFP Submission where they are proposing the exception, and any other information required pursuant to Section 4.12. If additional space is needed, include additional copies of this page. All Proposers MUST COMPLETE this page. RETURN with Proposal or Proposal will be considered NON -RESPONSIVE. Our proposal is submitted according to: Proposed exceptions listed above OR No exceptions Exhibit E Page 74 of 123 FORM 8: NON -COLLUSION ACKNOWLEDGEMENT The undersigned Proposer affirms that they are duly authorized to execute this proposal, that this company, corporation, firm, partnership or individual has not prepared this proposal in collusion with any other Proposer, and that the contents of this proposal as to prices, terms and conditions thereof have not been communicated by the undersigned Proposer, nor by Proposer's employee, affiliate, representative, partner, subcontractor, or agent, to any other individual or entity engaged in this type of business prior to the official opening of this RFP. Company Name: Signature of Company Officer: Company Officer Printed Name: Title Exhibit E Page 75 of 123 FORM 9: COST PROPOSAL FORM Form 9.1 - Costs for Drop -Off Station and Special Event Collection Service Three (3) Year Initial Term This form will be used to evaluate costs and pricing. This form must be in a separate sealed envelope inside the main package marked "FORM 9: COST PROPOSAL FORM — 3 Year", Please do not include pricing within the bid response documents whatsoever. Proposers shall fill out the following for each component of Service for which the Proposer is including in their RFP Submission as indicated in Form 1. Proposers should complete the following based on the applicable component of Service included in the RFP Submission. Proposers shall leave any areas that are not included in the RFP Submission blank, and clearly indicate any areas of the form that are left intentionally blank. The Drop -Off Station and Special Event Proposed Fees table is provided for Proposers to indicate the unit prices for servicing Drop -Off Centers and managing Special Event Material. Proposers shall provide the rate on a dollar per -pull basis pursuant to Section 8.1.1(1). Drop -Off Station and Special Event Proposed Fees' Drop -Off Station SELF Material Fort Worth Recovery Facility C&D Landfill Brennan Drop -Off Station (1) $ $ $ Southeast Drop -Off Station (2) $ $ $ Old Hemphill Road Drop -Off Station (3) $ $ $ Hillshire Drop -Off Station (4) $ $ $ Environmental Collection Center (5) $ $ $ Notes: 1. Proposers shall provide the per -pull rate from each Drop -Off Station to each Facility. Proposers must provide a price for each Facility consistent with the Drop -Off Stations that are included in the RFP Submission as indicated in Form 1. 2. Numbers indicated by each Drop -Off Station are consistent with the number shown in Form 9.2. Proposer shall indicate the unit prices for providing container exchanges as required by the City pursuant to Section 8.2.5(2) on a per container exchange basis. Container Exchange Services Proposed Fees Component of Service Proposed Fees Unit 1. Container Exchange (Vehicle on -site) $ Per Container 2. Container Exchange (Vehicle off -site) $ Per Container 3. Rental Equipment' $ Per Container Notes: 1. Proposers shall provide any additional fees associated with rental equipment. Proposer shall indicate prices for servicing Pedestrian Area Containers as required by the City pursuant to Section 8.2.5(1). Pedestrian Area Container Service Proposed Fees' Services per Week 1 2 3 4 5 On -Call Pedestrian Area $ $ $ $ $ $ Containers Notes: - 1. Proposers shall provide the per -container per week rate for Pedestrian Area Containers if they have indicated this component of Service is included in the RFP Submission in Form 1. 2. Proposers shall provide the cost for on -call service on a per -container basis. Exhibit E Page 76 of 123 Form 9.1 — Combination of Components of Service Cost Saving Opportunities Three (3) Year Initial Term Proposers shall complete the Drop -Off Station Cost Saving Opportunities table and space provided below to indicate the cost savings on a percentage basis compared to the proposed fees that could be provided to the City if awarded multiple components of Service. The following cost savings opportunities do not include service of the ECC, container exchange, or Pedestrian Area Container service. Drop -Off Station Combination Cost Saving Opportunities' Drop -Off Station Combinations Cost Savings Two Drop -Off Stations 1&2 % 1 & 3 % 1 & 4 % 2 & 3 % 2 & 4 % 3 & 4 % Three Drop -Off Stations 1,2&3 % 1,3&4 % 1,2&4 % 2,3&4 % All Drop -Off Stations 1,2,3&4 I °o 1. Numbers provided correspond to the numbers assigned in the Drop -Off Station and Special Event Proposed Fees table. Proposers shall use the space provided below to describe any operational efficiencies and cost savings that could be provided if awarded multiple components of Service. Exhibit E Page 77 of 123 Form 9.2 - Costs for Pedestrian Area Container Service Three (3) Year Initial Term Proposers shall fill out the following if they have indicated in Form 1 that they would provide the Pedestrian Area Container component of Service on a standalone basis. Proposers shall clearly indicate any areas of that are left intentionally blank. Proposers shall leave any areas that are not included in the RFP Submission blank, and clearly indicate any areas of the form that are left intentionally blank. Proposer shall indicate prices for servicing Pedestrian Area Containers on a standalone basis as required by the City pursuant to Section 8.2.5(1). Pedestrian Area Container Service Proposed Fees' Services per Week 1 2 3 4 5 On -Call Pedestrian Area $ $ $ Containers Notes: 1. Proposers shall provide the per -container per week rate for Pedestrian Area Containers if they have indicated this component of Service is included in the RFP Submission in Form 1. 2. Proposers shall provide the cost for on -call service on a per -container basis. Exhibit E Page 78 of 123 Form 9.3 - Costs for Drop -Off Station and Special Event Collection Service Seven (7) Year Initial Term This form will be used to evaluate costs and pricing. This form must be in a separate sealed envelope inside the main package marked "FORM 9: COST PROPOSAL FORM — 7 Year". Please do not include pricing within the bid response documents whatsoever. Proposers shall fill out the following for each component of Service for which the Proposer is including in their RFP Submission as indicated in Form 1. Proposers should complete the following based on the applicable component of Service included in the RFP Submission. Proposers shall leave any areas that are not included in the RFP Submission blank, and clearly indicate any areas of the form that are left intentionally blank. The Drop -Off Station and Special Event Proposed Fees table is provided for Proposers to indicate the unit prices for servicing Drop -Off Centers and managing Special Event Material. Proposers shall provide the rate on a dollar per -pull basis pursuant to Section 8.1.1(1). Drop -Off Station and Special Event Proposed Fees' Drop -Off Station SELF Material Fort Worth Recovery Facility C&D Landfill Brennan Drop -Off Station (1) $ $ $ Southeast Drop -Off Station (2) $ $ $ Old Hemphill Road Drop -Off Station (3) $ $ $ Hillshire Drop -Off Station (4) $ $ $ Environmental Collection Center (5) $ $ $ Notes: 1. Proposers shall provide the per -pull rate from each Drop -Off Station to each Facility. Proposers must provide a price for each Facility consistent with the Drop -Off Stations that are included in the RFP Submission as indicated in Form 1. 2. Numbers indicated by each Drop -Off Station are consistent with the number shown in Form 9.2. Proposer shall indicate the unit prices for providing container exchanges as required by the City pursuant to Section 8.2.5(2) on a per container exchange basis. Container Exchange Services Proposed Fees Component of Service Proposed Fees Unit 1. Container Exchange (Vehicle on -site) $ Per Container 2. Container Exchange (Vehicle off -site) $ Per Container 3. Rental Equipment' $ Per Container Notes: 1. Proposers shall provide any additional fees associated with rental equipment. Proposer shall indicate prices for servicing Pedestrian Area Containers as required by the City pursuant to Section 8.2.5(1). Pedestrian Area Container Service Proposed Fees' Services per Week 1 2 3 4 5 On -Call Pedestrian Area $ $ $ $ $ $ Containers Notes: 1. Proposers shall provide the per -container per week rate for Pedestrian Area Containers if they have indicated this component of Service is included in the RFP Submission in Form 1. 2. Proposers shall provide the cost for on -call service on a per -container basis. Exhibit E Page 79 of 123 Form 9.3 — Combination of Components of Service Cost Saving Opportunities Seven (7) Year Initial Term Proposers shall complete the Drop -Off Station Cost Saving Opportunities table and space provided below to indicate the cost savings on a percentage basis compared to the proposed fees that could be provided to the City if awarded multiple components of Service. The following cost savings opportunities do not include service of the ECC, container exchange, or Pedestrian Area Container service. Drop -Off Station Combination Cost Saving Opportunities' Drop -Off Station Combinations Cost Savings Two Drop -Off Stations 1&2 % 1&3 % 1 & 4 % 2 & 3 % 2&4 % 3&4 % Three Drop -Off Stations 1,2&3 % 1,3&4 % 1,2&4 % 2,3&4 % All Drop -Off Stations 1,2,3&4 I % 1. Numbers provided correspond to the numbers assigned in the Drop - Off Station and Special Event Proposed Fees table. Proposers shall use the space provided below to describe any operational efficiencies and cost savings that could be provided if awarded multiple components of Service. Exhibit E Page 80 of 123 Form 9.4 - Costs for Drop -Off Station and Special Event Collection Service Seven (7) Year Initial Term Proposers shall fill out the following if they have indicated in Form 1 that they would provide the Pedestrian Area Container component of Service on a standalone basis. Proposers shall clearly indicate any areas of that are left intentionally blank. Proposers shall leave any areas that are not included in the RFP Submission blank, and clearly indicate any areas of the form that are left intentionally blank. Proposer shall indicate prices for servicing Pedestrian Area Containers as required by the City pursuant to Section 8.2.5(1). Pedestrian Area Container Service Proposed Fees' Services per Week 1 2 3 4 5 On -Call Pedestrian Area Containers Notes: 1. Proposers shall provide the per -container per week rate for Pedestrian Area Containers if they have indicated this component of Service is included in the RFP Submission in Form 1. 2. Proposers shall provide the cost for on -call service on a per -container basis. Exhibit E Page 81 of 123 EXHIBIT B NOTE: THE FOLLOWING AGREEMENT IS NOT THE FINAL NEGOTIATED AGREEMENT. THE FOLLOWING AGREEMENT IS INTENDED TO ILLUSTRATE SOME OF THE CITY STANDARD TERMS AND CONDITIONS THAT ARE TO BE INCORPORATED IN THE FINAL NEGOTIATED AGREEMENT. THE CITY RESERVES THE RIGHT TO MODIFY THE FOLLOWING AGREEMENT TO REFLECT THE FINAL NEGOTIATED TERMS AND CONDITIONS. FORTWORTH. SERVICES AGREEMENT This SERVICES AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH ("City"), a Texas home rule municipal corporation, acting by and through its duly authorized Assistant City Manager, and [LEGAL NAME OF THE PARTY] ("Contractor"), a [STATE REGISTERED AND TYPE OF COMPANY] and acting by and through its duly authorized representative, each individually referred to as a "party" and collectively referred to as the "parties." AGREEMENT DOCUMENTS: The Agreement documents shall include the following: 1. This Services Agreement; 2. Exhibit A — Scope of Services; 3. Exhibit B — Price Schedule; 4. Exhibit C — City's RFP No. 5. Exhibit D — Contractor's Bid Response to City's RFP No. ; and 6. Exhibit E — Verification of Signature Authority Form. Exhibits A, B, C, D, and E, which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. In the event of any conflict between the terms and conditions of Exhibits A, B, C, or D and the terms and conditions set forth in the body of this Agreement, the terms and conditions of this Agreement shall control. Exhibit E Page 82 of 123 1. SCODe of Services. [SIMPLE DESCRIPTION OF SCOPE OF SERVICE] ("Services'), which are set forth in more detail in Exhibit "A," attached hereto and incorporated herein for all purposes.. 2. Term. This Agreement begins on [MONTH DAY, YEAR] ("Effective Date") and expires on [MONTH DAY, YEAR] ("Expiration Date'), unless terminated earlier in accordance with this Agreement ("Initial Term'). City will have the option, in its sole discretion, to renew this Agreement under the same terms and conditions, for up to (_) one-year renewal option(s) (each a "Renewal Term"). 3. Compensation. City will pay Contractor in accordance with the provisions of this Agreement, including Exhibit "B," which is attached hereto and incorporated herein for all purposes. Total compensation under this Agreement will not exceed Dollars Contractor will not perform any additional services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City will not be liable for any additional expenses of Contractor not specified by this Agreement unless City first approves such expenses in writing. 4. Termination. 4.1. Written Notice. 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-apnronriation of Funds. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Contractor of such occurrence and this Agreement will terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any land whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. 4.3 Duties and Oblieations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date, City will pay Contractor for services actually rendered up to the effective date of termination and Contractor will continue to provide City with services requested by City and in accordance with this Agreement up to the effective date of termination. Upon termination of this Agreement for any reason, Contractor will provide City with copies of all completed or partially completed documents prepared under this Agreement. In the event Contractor has received access to City Information or data as a requirement to perform services hereunder, Contractor will return all City provided data to City in a machine readable format or other format deemed acceptable to City. 5. Disclosure of Conflicts and Confidential Information. Exhibit E Page 83 of 123 5.1 Disclosure of Conflicts. Contractor hereby warrants to 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 City in writing. 5.2 Confidential Information. Contractor, for itself and its officers, agents and employees, agrees that it will treat all information provided to it by City ("City Information") as confidential and will not disclose any such information to a third party without the prior written approval of City. 5.3 Public Information Act. City is a government entity under the laws of the State of Texas and all documents held or maintained by City are subject to disclosure under the Texas Public Information Act. In the event there is a request for information marked Confidential or Proprietary, City will promptly notify Contractor. It will be the responsibility of Contractor to submit reasons objecting to disclosure. A determination on whether such reasons are sufficient will not be decided by City, but by the Office of the Attomey General of the State of Texas or by a court of competent jurisdiction. 5.4 Unauthorized Access. Contractor must store and maintain City Information in a secure manner and will not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Contractor must notify City immediately if the security or integrity of any City Information has been compromised or is believed to have been compromised, in which event, Contractor will, in good faith, use all commercially reasonable efforts to cooperate with City in identifying what information has been accessed by unauthorized means and will fully cooperate with City to protect such City Information from further unauthorized disclosure. 6. Right to Audit. Contractor agrees that City will, until the expiration of three (3) years after final payment under this Agreement, or the final conclusion of any audit commenced during the said three years, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records, including, but not limited to, all electronic records, of Contractor involving transactions relating to this Agreement at no additional cost to City. Contractor agrees that City will have access during normal working hours to all necessary Contractor facilities and will be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City will give Contractor reasonable advance notice of intended audits. 7. Indenendent Contractor. It is expressly understood and agreed that Contractor will operate as an independent contractor as to all rights and privileges and work performed under this Agreement, and not as agent, representative or employee of City. Subject to and in accordance with the conditions and provisions of this Agreement, Contractor will 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 Exhibit E Page 84 of 123 respondent superior will not apply as between City, its officers, agents, servants and employees, and Contractor, its officers, agents, employees, servants, contractors, and subcontractors. Contractor further agrees that nothing herein will be construed as the creation of a partnership or joint enterprise between City and Contractor. It is further understood that City will in no way be considered a Co -employer or a Joint employer of Contractor or any officers, agents, servants, employees, contractors, or subcontractors. Neither Contractor, nor any officers, agents, servants, employees, contractors, or subcontractors of Contractor will be entitled to any employment benefits from City. Contractor will be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its officers, agents, servants, employees, contractors, or contractors. 8. Liability and Indemnification. 8.1 LIABILITY - CONTRACTOR WILL 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, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS. 8.2 GENERAL INDEMNIFICATION - CONTRACTOR HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS OFANYKIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPER TYDAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONTRACTOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANYAND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS A GREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS. 8.3 INTELLECTUAL PROPERTY INDEMNIFICATION —Contractor agrees to defend, settle, or pay, at its own cost and expense, any claim or action against Cityfor infringement of any patent, copyright, trade mark, trade secret, or similar property right arising from City's use of the software and/or documentation in accordance with this Agreement, it being understood that this agreement to defend, settle or pay will not apply if City modifies or misuses the software and/or documentation. So long as Contractor bears the cost and expense of payment for claims or actions against City pursuant to this section, Contractor will have the right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, City will have the right to fully participate in any and all such settlement, negotiations, or lawsuit as necessary to protect City's interest, and City agrees to cooperate with Contractor in doing so. In the event City, for whatever reason, assumes the responsibility for payment of costs and expenses for any claim or action brought against City for infringement arising under this Agreement, City will have the sole right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, Contractor will fully participate and cooperate with City in defense of such claim or action. City agrees to give Contractor timely Exhibit E Page 85 of 123 written notice of any such claim or action, with copies of all papers City may receive relating thereto. Notwithstanding the foregoing, City's assumption of payment of costs or expenses will not eliminate Contractor's duty to indemnify City under this Agreement. If the software and/or documentation or any part thereof is held to infringe and the use thereof is enjoined or restrained or, if as a result of a settlement or compromise, such use is materially adversely restricted, Contractor will, at its own expense and as City's sole remedy, either: (a) procure for City the right to continue to use the software and/or documentation; or (b) modify the software and/or documentation to make it non -infringing, provided that such modification does not materially adversely affect City's authorized use of the software and/or documentation; or (c) replace the software and/or documentation with equally suitable, compatible, and functionally equivalent non -infringing software and/or documentation at no additional charge to City; or (d) if none of the foregoing alternatives is reasonably available to Contractor terminate this Agreement, and refund all amounts paid to Contractor by City, subsequent to which termination City may seek any and all remedies available to City under law. 9. Assignment and Subcontracting. 9.1 Assignment. Contractor will not assign or subcontract any of its duties, obligations or rights under this Agreement without the prior written consent of City. If City grants consent to an assignment, the assignee will execute a written agreement with City and Contractor under which the assignee agrees to be bound by the duties and obligations of Contractor under this Agreement. Contractor will be liable for all obligations of Contractor under this Agreement prior to the effective date of the assignment. 9.2 Subcontract. If City grants consent to a subcontract, the subcontractor will execute a written agreement with Contractor referencing this Agreement under which subcontractor agrees to be bound by the duties and obligations of Contractor under this Agreement as such duties and obligations may apply. Contractor must provide City with a fully executed copy of any such subcontract. 10. Insurance. Contractor must provide City with certificate(s) of insurance documenting policies of the following types and minimum coverage limits that are to be in effect prior to commencement of any Services pursuant to this Agreement: 10.1 Coverage and Limits (a) Commercial General Liability: $1,000,000 - Each Occurrence $2,000,000 - Aggregate Exhibit E Page 86 of 123 (b) Automobile Liability: $1,000,000 - Each occurrence on a combined single limit basis Coverage will be on any vehicle used by Contractor, or its employees, agents, or representatives in the course of providing Services under this Agreement. "Any vehicle" will be any vehicle owned, hired and non -owned. (c) Worker's Compensation: Statutory limits according to the Texas Workers' Compensation Act or any other state workers' compensation laws where the Services are being performed Employers' liability $100,000 - Bodily Injury by accident; each accidentloccurrence $100,000 - Bodily Injury by disease; each employee $500,000 - Bodily Injury by disease; policy limit 10.2 General Requirements (a) The commercial general liability and automobile liability policies must name City as an additional insured thereon, as its interests may appear. The term City includes its employees, officers, officials, agents, and volunteers in respect to the contracted services. (b) The workers' compensation policy must include a Waiver of Subrogation (Right of Recovery) in favor of City. (c) A minimum of Thirty (30) days' notice of cancellation or reduction in limits of coverage must be provided to City. Ten (10) days' notice will be Exhibit E Page 87 of 123 acceptable in the event of non-payment of premium. Notice must be sent to the Risk Manager, City of Fort Worth, 200 Texas Street, Fort Worth, Texas 76102, with copies to the Fort Worth City Attorney at the same address. (d) The insurers for all policies must be licensed and/or approved to do business in the State of Texas. All insurers must have a minimum rating of A- VII in the current A.M. Best Key Rating Guide, or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of Risk Management is required. (e) Any failure on the part of City to request required insurance documentation will not constitute a waiver of the insurance requirement. (f) Certificates of Insurance evidencing that Contractor has obtained all required insurance will be delivered to the City prior to Contractor proceeding with any work pursuant to this Agreement. 11. Comuliance with Laws. Ordinances. Rules and Regulations. Contractor agrees that in the performance of its obligations hereunder, it will comply with all applicable federal, state and local laws, ordinances, rules and regulations and that any work it produces in connection with this Agreement will also comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies Contractor of any violation of such laws, ordinances, rules or regulations, Contractor must immediately desist from and correct the violation. 12. Non -Discrimination Covenant. Contractor, for itself, its personal representatives, assigns, contractors, subcontractors, and successors in interest, as part of the consideration herein, agrees that in the performance of Contractor's duties and obligations hereunder, it will 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, CONTRACTORS, SUBCONTRACTORS, OR SUCCESSORS IN INTEREST, CONTRACTOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM. 13. Notices. Notices required pursuant to the provisions of this Agreement will 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, return receipt requested, addressed as follows: To CITY: City of Fort Worth To CONTRACTOR: Exhibit E Page 88 of 123 Attn: Assistant City Manager „ Title 200 Texas Street Fort Worth, TX 76102-6314 Facsimile: (817) 392-86.54 Facsimile: With copy to Fort Worth City Attorney's Office at same address 14. Solicitation of Emnlovees. Neither City nor Contractor will, 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 persons employer. Notwithstanding the foregoing, this provision will not apply to an employee of either party who responds to a general solicitation of advertisement of employment by either party. 15. Governmental Powers. It is understood and agreed that by execution of this Agreement, City does not waive or surrender any of its governmental powers or immunities. 16. No Waiver. The failure of City or Contractor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein does not constitute a waiver of 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 will be construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such action will 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. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. 19. Force Maieure. City and Contractor will exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but will not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, 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; epidemics or pandemics; government action or inaction; orders of government; material or labor restrictions by any governmental authority; transportation problems; restraints or prohibitions by any court, board, department, commission, or agency of the United States or of any States; civil disturbances; other national or regional emergencies; or any other similar cause not enumerated herein but which is beyond the reasonable control of the Party whose performance is affected (collectively, "Force Majeure Event"). The performance of any such obligation is suspended during the period of, and only to the extent of, such prevention or hindrance, provided the affected Party provides notice of the Force Majeure Event, and an explanation as to how it prevents or hinders the Parry's performance, as soon as reasonably possible after the occurrence of the Force Majeure Event, with the reasonableness of such notice to be determined by the City in its sole discretion. The notice required by this section must be addressed and delivered in accordance with Section 13 of this Agreement. Exhibft E Page 89 of 123 20. Headings not Controlling. Headings and titles used in this Agreement are for reference purposes only, will not be deemed a part of this Agreement, and are not intended to define or limit the scope of any provision 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 will not be employed in the interpretation of this Agreement or Exhibits A, B, and C. 22. Amendments / Modifications / Extensions. No amendment, modification, or extension of this Agreement will be binding upon a party hereto unless set forth in a written instrument, which is executed by an authorized representative of each party. 23. Counternarts. This Agreement may be executed in one or more counterparts and each counterpart will, for all purposes, be deemed an original, but all such counterparts will together constitute one and the same instrument. 24. Warranty of Services. Contractor warrants that its services will be of a high quality and conform to generally prevailing industry standards. City must give written notice of any breach of this warranty within thirty (30) days from the date that the services are completed. In such event, at Contractor's option, Contractor will either (a) use commercially reasonable efforts to re -perform the services in a manner that conforms with the warranty, or (b) refund the fees paid by City to Contractor for the nonconforming services. 25. Immigration Nationalitv Act. Contractor must verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Contractor will provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Contractor must adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Contractor employee who is not legally eligible to perform such services. CONTRACTOR WILL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR AGENTS. City, upon written notice to Contractor, will have the right to immediately terminate this Agreement for violations of this provision by Contractor. 26. Ownershin of Work Product. City will be the sole and exclusive owner of all reports, work papers, procedures, guides, and documentation that are created, published, displayed, or produced in conjunction with the services provided under this Agreement (collectively, "Work Product'). Further, City will be the sole and exclusive owner of all copyright, patent, trademark, trade secret and other proprietary rights in and to the Work Product. Ownership of the Work Product will inure to the benefit of City from the date of conception, creation or fixation of the Work Product in a tangible medium of expression (whichever occurs first). Each copyrightable aspect of the Work Product will be considered a "work -made - for -hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work Product, or any part thereof, is not considered a "work -made -for -hire" within the meaning of the Copyright Act of 1976, as amended, Contractor hereby expressly assigns to City all exclusive right, title and interest in and to the Work Product, and all copies thereof, and in and to the copyright, patent, trademark, trade secret, and all other proprietary rights therein, that City may have or obtain, without further consideration, free from any claim, lien for balance due, or rights of retention thereto on the part of City. Exhibit E Page 90 of 123 27. mature Authoritv. The person signing this Agreement hereby warrants that they have 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. This Agreement and any amendment hereto, may be executed by any authorized representative of Contractor. Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. 28. Change in Comnanv Name or Ownership. Contractor must notify City's Purchasing Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records. The president of Contractor or authorized official must sign the letter. A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9, documents filed with the state indicating such change, copy of the board of director's resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the specified documentation so may adversely impact future invoice payments. 29. No Boveott of Israel. If Contractor has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. Contractor acknowledges that in accordance with Chapter 2271 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" has the meanings ascribed to those terms in Section 2271 of the Texas Government Code. By signing this Agreement, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the Agreement. 30. Prohibition on BoveottinL Energy Companies. Contractor acknowledges that, in accordance with Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public fiords of the City with a company with 10 or more full -rime employees unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and `company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 31. Prohibition on Discrimination Against Firearm and Ammunition Industries. Contractor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) Exhibit E Page 91 of 123 does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. 32. Electronic Sisatures. This Agreement may be executed by electronic signature, which will be considered as an original signature for all purposes and have the same force and effect as an original signature. For these purposes, "electronic signature" means electronically scanned and transmitted versions (e.g. via pdf file or facsimile transmission) of an original signature, or signatures electronically inserted via software such as Adobe Sign. 33. Entirety of Agreement. This Agreement, including all attachments and exhibits, contains the entire understanding and agreement between 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. Exhibit E Page 92 of 123 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples. CITY OF FORT WORTH: By: Name: Title: Assistant City Manager Date: ,20 APPROVAL RECOMMENDED: By: Name: Title: ATTEST: By: Name: Title: City Secretary CONTRACTOR: By: Name: Title: Date: ,20 CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By: Name: Title: APPROVED AS TO FORM AND LEGALITY: By: Name: Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: Exhibit E Page 93 of 123 Exhibit E Page 94 of 123 EXHIBIT A SCOPE OF SERVICES Exhibit E Page 95 of 123 EXHIBIT B PAYMENT SCHEDULE Exhibit E Page 96 of 123 EXHIBIT C CITY'S RFP Exhibit E Page 97 of 123 EXHIBIT D CONTRA-., uk'S RESPONSE TO CITY'S RFP Exhibit E Page 98 of 123 EXHIBIT E VERIFICATION OF SIGNATURE AUTHORITY Execution of this Signature Verification Form ("Form") hereby certifies that the following individuals and/or positions have the authority to legally bind Contractor and to execute any agreement, amendment or change order on behalf of Contractor. Such binding authority has been granted by proper order, resolution, ordinance or other authorization of Contractor. City is fully entitled to rely on the warranty and representation set forth in this Form in entering into any agreement or amendment with Contractor. Contractor will submit an updated Form within ten (10) business days if there are any changes to the signatory authority. City is entitled to rely on any current executed Form until it receives a revised Form that has been properly executed by Contractor. Name: Position: Signature 2. Name: Position: Signature 3. Name: Position: Signature Exhibit E Page 99 of 123 Name: Signature of President / CEO Other Title: Date: Exhibit E Page 100 of 123 Exhibit C — Location of Pedestrian Area Containers Downtown Fort Worth (146 containers collected four times per N eek) + �� � Concrete or Rock $ F^' E ■ Metal or Metal Mesh Durnpsw O ■ elgeelly Combo ■ Recycle Clay cther r }y! D— a e 4e a waaa ens w rn a w tN,� a A - a Mw n,0 l f l • tiwM � i'�w l.- � ■ eM � w t • �S- f ,ems\ ■ s.i,...>� ti wanes ■� a - IA ■ ■ w7n S� FM Atli M rk rep East Lancaster Street (31 containers collected daily) + �` ■ Concrete or Rock 0 w Metal or Metal - " Mesh © . ,.a ' Dur v-- BVMIY Cornbo Recycle Only Clow ®� it S I Exhibit E Page 101 of 123 Fort Worth Stockyards (27 containers collected four times per week) - - - gypoh�tds Btd NW 26th St i. St 8 E Concrete or Rock Metal or Metal Mesh Dumpster IN BigBelly Combo r Recycle Only IN Other I m L _ I - I �- • rE Exctye I I' �, r h ►° ChyarGart North Terms Coney CoRepe, Teaei Pa-r A. 04� Esr HERE G— GeoTecnn.q c 0 t E Pape 102 of 123 FORT WORTH ADDENDUM TO REQUEST FOR PROPOSAL NO. 23-0003 DROP-OFF STATION AND SPECIAL EVENT COLLECTION PURCHASING DIVISION ADDENDUM NO. 1 REQUEST FOR PROPOSAL (RFP): 23-0003 BID OPENING DATE: December 1, 2022 (UNCHANGED) DATE ISSUED: November 16, 2022 RFP No. 23-0003 issued November 2, 2022, is hereby amended as follows: 1. Questions and Answers document is hereby incorporated, in full text on page 2 to page 4 of this addendum. 2. Business Equity Documentation, Form 10 to Form 15, is hereby incorporated, in full text on page 5 to 20 of this addendum. All other terms and conditions remain unchanged. MAr%a Ca"kra Maria Canoura BUYER By the signature affixed below, Addendum No. 1 is hereby incorporated into and made part of the above referenced Request for Proposal. COMPANY NAME: SIGNATURE: NOTE: Company name and signature must be the same as on the original bid documents. Failure to return this form with your sealed bid may constitute grounds for rejection of your offer. Exhibit E Pape 103 of 123 Questions and Answers Q1 Reference pedestrian area containers collection, is it mandatory to provide a quote for that bid line Rem? Al It is not mandatory to provide a quote for this service. Q2 Is the haul weight at the location or where at? A2 Boxes are weighed at the disposal locations using the scales at those facilities. Q3 Are there any restrictions to pick up hauls in tandem? i.e. a truck with a trailer will be able to pick up two hauls at the same time and return at the same time back to the location. A3 There are no restrictions but space could be a challenge. Q4 Price index only mentions diesel as fuel, if the vendor has vehicles fueled by CNG (Compress Natural Gas), could the City modify the index language to include alternative fuel sources instead of only diesel? i.e. CNG, electric, etc. A4 The index listed in the RFP is based on the existing contract. Final indexes can be determined during contractual negotiations with the awarded bidder. Q5 How is the City currently hauling special events? A5 Special events are currently part of both the residential collection contract and the drop-off station hauling contract. The City will provide details on any special events to the contractors in advance of the event. The contractor will bill the City for actual hauls on any Special Events they service. Q6 Downtown locations have WM collection bins, other pedestrian areas might have those too, are those bin collections in a separate contract or are these bins owned by the City? A6 All of pedestrian/street cans are owned by the City. Currently they are serviced by a combination of Waste Management, City Staff, or Upspire crews. Q7 Pedestrian area containers, for this service does the vendor provide the containers or does the City of Fort Worth provide the containers? A7 All of pedestrian/street cans are provided by and owned by the City of Fort Worth. Q8 Pedestrian area containers, are they all Roll -Off Containers or could some of them be Front Load Dumpsters? A8 Pedestrian containers are 32-gallon style aggregate, metal or Big Belly litter collection containers. There are no roll -off or front load bins associated with the pedestrian bin collection. Q9 Please provide a detailed listing of the number of pedestrian area containers, location of the containers, number of services per container per week. A9 Exhibit C of the RFP has maps that show the location and quantity of existing pedestrian containers. Downtown Containers: 146 containers collected four times per week. East Lancaster, 31 containers collected daily. Fort Worth Stockyards, 27 containers collected four times per week. In Fiscal Year 2023 (Oct 1 — Sept 30) the City may add 18 containers along Home Street in the Como Neighborhood. Exhibit E RFP 23-0003 Drop -Off Station and Special Event Collection Page 104 of 123 Addendum No. 1 - Page 2 of 20 Q10 Please provide the dollar amount paid to the current vendor for the year 2021 for all services performed under this RFP Al The amount paid to the current vendor for the year 2021 for all services performed under this RFP is $806,086.00 Q11 In the RFP document it states the current cost is $111.87 PER HOUR - However, in the RFP the pricing pages are asking for a PER HAUL Charge PER LOCATION the materials are to be delivered. What this says to me is that the PER HOUR cost shown is a Blended Cost of all hauls that are performed. What I am requesting is the pricing, per Citizens Drop Off Center location, Per Haul Paid to the current vendor, to each location i.e. SE Landfill - MRF - C&D Landfill, please clarify. A11 Please see chart below: FISCALYEAR2022 Applied From: 101112021 Through 9/30/2022 Current Rate: $111.87 Disposal Location Southeast Landfill Fort Worth MRF IESI Minutes Hours Haul Rate Minutes Hours Haul Rate Minutes Hours Haul Rate Brennan 68 1.13 $126.79 66 1.10 $123.06 82 1.37 $152.89 Southeast(MLK) 52 0.87 $96.95 52 0.87 $96.95 56 0.93 $104.41 Hemphill 52 0.87 $96.95 80 1.33 $149.16 54 0.90 $100.68 Hillshire 79 1.32 $147.30 74 1.23 $137.97 55 0.92 $102.55 ECC 70 1.17 $130.51 N/A N/A N/A N/A N/A N/A Q12 Please provide the number of "Special Events" per year, how many hauls are to be performed per event including the number of hauls per category required Al2 There are no predetermined number of Special Events and the number of hauls varies by event type and attendance. An example of a Special Event is the Botanic Garden, "Concerts In The Garden" series. This is a 12 night event and can generate in excess of 12 hauls. Q13 Special Event collection, are all of the services provided for Roll -Off service? Al Yes, for Special Events the contractor will provide the roll off box, hauling, labor, and all other equipment or services necessary to perform the services. Q14 Special Events collection, is the vendor to provide any of the containers for these events? A14 Yes, the vendor should provide any of the containers for these events. Q15 Please provide the number of hauls, by location of each drop off center, broken down by week and not by year. A15 The following is average loads sent to the landfill per week from each DOS; Brennan 39 loads; Southeast (MLK) 36 loads; Hemphill 45 loads; Hillshire 17 loads. Q16 Please provide a copy of the current pricing showing the cost per haul at each drop off location Al Please see chart below: FISCALYEAR2022 Applied From: 101/1/2021 Through 9/30/2022 Current Rate: $111.87 Disposal Location Southeast Landfill Fort Worth MRF IESI Minutes Hours Haul Rate Minutes Hours Haul Rate Minutes Hours Haul Rate Brennan 68 1.13 $126.79 66 1.10 $123.06 82 1.37 $152.89 Southeast (MLK) 52 0.87 $96.95 52 0.87 $96.95 56 0.93 $104.41 Hemphill 52 0.87 $96.95 80 1.33 $149.16 54 0.90 $100.68 Hillshire 79 1.32 $147.30 74 1.23 $137.97 55 0.92 $102.55 ECC 70 1.17 $130.51 N/A N/A N/A N/A N/A N/A Exhibit E Page 105 of 123 Q17 Special Event Collection, if the vendor is required to provide containers for Special Events? How many containers are required? A17 The number of containers will depend on the size and duration of event. Q18 Special Event Collection, please provide the number of services performed for these types of events and the number of containers required per event. A18 The City estimates there will be between three (3) to ten (10) special events per year under this agreement but reserves the right to increase or reduce the number of events. Q19 Special Event Collection, please provide the number of services provided per event. A19 For Special Events the contractor will provide the roll off box, hauling, labor, and all equipment or services necessary to perform the services. Q20 Special Event Collection, please clarify if the vendor is required to provide any roll off containers or compactors to provide services in this RFP A20 The vendor is required to provide roll off containers or compactors for special events only. Q21 How many annual compactor hauls are to be performed? A21 The following is the average per week compactor loads for each DOS: Brennan one (1) load every two weeks; Southeast (MLK) one (1) load per week; Hemphill one (1) load per week; Hillshire one (1) load per week. Q22 What type of material will the compactor contain? A22 Trash and cardboard. The drop off stations have a compactor for both. Q23 How many, per site, Recycle Loads are to be performed? A23 The following is the average per week of recycle loads from each DOS: Brennan one (1) load every two weeks; Hillshire one (1) load per week: Southeast (MLK) one (1) load per month; Hemphill one (1) load per week. Exhibit E Page 106 of 123 FORM 10 FORT WORTH.. City of Fort Worth Business Equity Division INSTRUCTIONS TO BIDDERS ABOUT THE BUSINESS EQUITY GOAL Bid number: Business Equity Goal: % It is the policy of the City of Fort Worth to ensure the full and equitable utilization of Business Equity Firms when appropriate, in the procurement of all goods and services. When a Business Equity Goal is established for a bid, it means that the City of Fort Worth believes that there are Business Equity Firms available that can provide goods or services requested by the bid. The Business Equity Goal for Bid number is %. This means that the City believes that there are available Business Equity Firms that can provide goods or services required by this bid and therefore, % of the Bidder's awarded amount must be spent with a Business Equity Firm. All requirements and regulations stated in the City's current Business Eauitv Ordinance #25165-10-2021 apply to this bid. Definitions are at the end of this document. Because a Business Equity Goal has been established for this bid, in order for your bid to be considered, a Bidder must satisfv one (1) of the conditions below. A. Commit to Meet or Exceed the Business Equity Goal Hire Business Equity Firm(s) to provide goods or services and spend at least the goal amount with the Business Equity Firm(s). Step 1: Obtain a listing of Business Equity Firms by completing the "Request for Listing of Certified Firms Form" located at the City of Fort Worth's Business Eauitv Division website. Step 2: Request bids from Business Equity Firms to provide goods or services at least 10 calendar days before bid opening. Step 3: Submit the following two (2) forms: a. Utilization Plan b. Letter(s) of Intent B. Prove a Good Faith Effort Show attempt to hire Business Equity Firms to meet or exceed the goal, but was unsuccessful. This can occur in two (2) ways: 1) Bidder proposes a smaller Goal Step 1: Obtain a listing of Business Equity Firms by completing the "Request for Listing of Certified Firms Form" located at the City of Fort Worth's Business Eauitv Division website. Step 2: Request bids from Business Equity Firms to provide goods or services at least 10 calendar days before bid opening. Step 3: Submit the following three (3) forms: a. Utilization Plan b. Letter(s) of Intent c. Good Faith Effort 2) Bidder proposes a 0% Goal Step 1: Obtain a listing of Business Equity Firms by completing the "Request for Listing of Certified Firrns Form" located at the City of Fort Worth's Business Eauitv Division website. Step 2: Request bids from Business Equity Firms to provide goods or services at least 10 calendar days before bid opening. Step 3: If unsuccessful, submit Good Faith Effort Form. Please see Ordinance P420-370 (a) page for requirements of an acceptable Good Faith Effort. Exhibit E Page 107 of 123 C. Prove that the Bidder Can Perform the Service and Provide all Materials on the Project as the Prime Contractor Bidder must show that the Bidder is providing all of the goods and services through their own company and that there are no goods or services provided by a third party or an affiliate. Bidder will not purchase any supplies or inventory from a third party. Step 1: Must submit Prime Contract Waiver Form D. Create a Joint Venture with a Business Equity Firm At least one or both of the firms must be a Business Equity Firm Step 1: Must submit Joint Venture Form DEADLINE TO SUBMIT REQUIRED DOCUMENTS AND FORMS Bidders must submit sealed bids to be opened at the date, time, and place stated in the solicitation for the public opening of bids. Faxed copies will not be accepted. FREQUENTLY ASKED QUESTIONS 1. If I am Business Equity Firm, can I count my performance of the bid? Answer. A Business Equity Prime Contractor can count its self -performance towards meeting the Business Equity Goal for the assigned North American Industry Classification System (NAICS) commodity codes on its Minority Business Enterprise (MBE) or Women Business Enterprise (WBE) certification. 2. What if I am a Business Equity Firm, but I am unable to self perform all work or provide all of the goods under the bid, can I count my performance under the Bid? Answer. If the Business Equity Prime cannot self -perform all of the work, it will be accountable for subcontracting with certified firms to meet the overall goal. Business Equity Firms that qualify under the "Significant Business Presence" definition may count in the Program upon approval of DVIN-BE. 3. This bid does not have a set amount that the City will purchase from the Awarded Bidder, how do I complete the form? Answers: a. For a low bid procurement, the lowest bidder shall submit a Utilization Plan no later than 2:00 PM on the third business day after bids are opened detailing all Subcontractors the Contractor intends to utilize in its performance of a Contract. Contractors that are Business Equity Firms may count their self -performed services towards meeting a Business Equity Goal. b. For a Best Value procurement, all bidders who wish to be considered for evaluation scoring shall submit a Utilization Plan by 2:00 PM on the third business day after the bids are opened detailing all Subcontractors the Contractor intends to utilize in its performance of a Contract. Contractors that are Business Equity Firms may count their self -performed services towards meeting a Business Equity Goal. C. Non-compliance. If the lowest bidder for a low bid procurement or any bidder for a Best Value procurement does not timely submit its Utilization Plan with the required documents, that bidder will be deemed Non -Responsive. For a low bid procurement, the City will notify the next lowest bidder who shall then submit a Utilization Plan with required documents no later than 2:00 PM on the third business day after the bidder receives notification. This process will be followed until a bidder submitting the required documents is selected. Exhibit E Page 108 of 123 DEFINITIONS Business Equity Firm means an Independent Firm that is a Certified minority- and/or women -owned business enterprise (M/WBE) with a Significant Business Presence in the Citys Marketplace. Business Equity Goal means a calculation prepared by the DVIN-BE that includes all the following factors: the detailed cost estimate of the work to be performed, or goods purchased; the 6-county Marketplace; the availability of Business Equity Firms and non -Business Equity Firms in the Marketplace determined ona Contract -by -Contract basis; and the subcontracting/supplier opportunities of each project. Certified means those firms identified by the North American Industry Classification System (NAICS) that have been determined to be a bona fide MBE or WBE by the North Central Texas Regional Certification Agency (NCTRCA), the Dallas/Fort Worth Minority Supplier Development Council (DFW /MSDC), Women's Business Council -SW (WBCS), Texas Department of Transportation (TxDOT) or another certifying agency that the DVIN-BE may deem appropriate and accepted by the City of Fort Worth. DVIN-BE means the City's Department of Diversity and Inclusion — Business Equity Division Good Faith Efforts means the actions undertaken by a Contractor and approved by DVIN-BE as described inthe Business Equity Ordinance 420-370 (g). Joint Venture means a business entity formed by two or more independent Persons for the purpose of pursuing a common objective, such as a prime contract. The resulting business entity has additional resources and capacity, enhancing its ability to compete for larger awards. A joint venture is generally characterized by shared ownership, shared returns and risks, and shared governance. In a joint venture, the prime managing partner holds 51 % or more interest in the business. Partner(s) hold less than 51 % interest but in most cases, not less than 20%. Marketplace means the geographic area as defined by the Citys most current Disparity Study (i.e., Tarrant, Dallas, Denton, Johnson, Parker and Wise counties). Responsive means that a Person is compliant with the requirements of the Business Equity Ordinance. Significant Business Presence means a Person (1) which has its principal place of business located inside the Marketplace; (2) which has its principal place of business located outside the Marketplace but has been verified to be in existence for a minimum of 24 months and from which at least 20% of the business's workforce is based in the Marketplace; or (3) which has cumulative business receipts greater than $1,000,000 for work done in the Marketplace since January 1, 2013. Utilization Plan means the list of Business Equity Firms that a Contractor commits will be utilized to meet the Business Equity Goal for a specific project, the scopes of the work and the dollar values or the percentages of the work to be performed. VIOLATIONS AND SANCTIONS 1. Failure to comply with the City's Business Equity Ordinance will result in the bid being considered "Non -Responsive." 2. Failure to submit the required Business Equity forms and documentation will result in the bid being considered non -responsive and a "written warninq" letter that may impact the Offerot's evaluation scoring on future City bid opportunities for up to 12 months, refer to Ordinance P20-373 on VIOLATIONS AND SANCTIONS for continued offenses or failures to comply. If you have any questions, contact Department of Diversity & Inclusion, Business Equity Division Email: DVIN—BE@fortworthtexas.gov I Phone: 817-392-2674 Exhibit E Page 109 of 123 FORTWORTH. FORM 11 PROJECT # BID # (If Awkable Plem and one) Amendment ❑ Change order ❑ Business Equity Division LETTER OF INTENT A. Business Equity Sub-Contractor/Consultant Information: A certified Business Eauity firm is owned by a Minority or Woman Business Entemrise UWBE) [Pursuant to the City of Fort Worth's Business Equity Ordinance, certified Business Equity firms participating under the Ordinance must be certified prior to recommendation of award in order to be counted towards the Business Equity contract goal. Certifying agencies acceptable by the City: North Central Texas Regional Certification Agency (NCTRCA), Dallas/Fort Worth Minority Supplier Development Council, Inc. (DFW MSDC), Women's Business Council - Southwest (WBCS), or the Texas Department of Transportation (TXDOT). Note: For Federally -Funded projects the firm must be certified as a Disadvantaged Business Enterprise (DBE) by the NCTRCA and/or TXDOT only.] All Fields are Required - Do not leave blank. 1. Name of Project- 2. Name of Offeror/Prime Contractor: 3. Name of Business Equity Firm: Address: Firm Contact Name/Phone: 4. The undersigned is prepared to perform the following described work and/or supply the material listed in connection with the above project (where applicable specify 'supply' or Install" or both): NAICS Code: (owner/ Authorized Agent) Type or Print Name (Signature of owner /Authorized Agent of certified Business Equity Firm) (Emd Aftm) B. Affidavit of Offeror/Prime I HEREBY DECLARE AND AFFIRM that (OwnedAuthorized Agent) In the amount of $ (Name of certified Business Eq* Flan) (Data) (Phone Number) am the duty authorized representative of and that I have personally reviewed the material and fads (Name of OfferodPriaa) set forth in this Letter of Intent. To the best of my knowledge, information and belief, the facts in this form are true, and no material facts have been omitted. Pursuant to the City of Fort Worth's Business Equity Ordinance, any persordentity that makes a false or fraudulent statement in connection with participation of a certified firm in any City of Fort Worth contract may be referred for debarment procedures under the City of Fort Worth's Business Equity Ordinance. I do solemnly swear or affirm that the signatures contained herein and the information provided by the Offeror/Prime are true and correct, and that I am authorized on behalf of the Offeror/Prime to make the affidavit. (Owner/ Authorized Agent) Type or Print Name (Signature of owner/Authortzed Agent) (Emd Anti" Department of Dive== and Inchn ion Division Email: DVIN_BEOffioc@fortworthtexas.gov Ph:817-392-2674 (Name of OffarodPr1m) (Plane Number) Rena 6 81 flf 123 FORT WORTH PRIME/OFFEROR/OWNER COMPANY NAME: PROJECT NAME: FORM 12 City of Fort worth Business Equity Utilization Form Disadvantaaed Business Enterprise Utilization Form (Applicable if Federally-Fundedi PROJECT NUMBER: BID DATE: City's Business Equity Goal: I IF-1 (Check if addressing DBE Goal) Check all applicable boxes tb describe ❑ Not Certified MBE ❑WBE Prime/Offeror/Owner's Classification: Certifying Agency: ❑NCTRCA E]D/FW MSDC �TX DOT 7WBCS Ethnicity: 7Aftican American HispanicCaucasian Asian DBE Other. Offeror's Business Equity (or DBE) % (Commitment: 11 HUB ❑VOSB 1-1 Section 3 ❑ Native American Gender:Male Demale 0Non-Binary Definitions: Business Equity Firm: Certified MBE Minority Business Enterprise or WBE Women Business Enterprise DBE: Disadvantaged Business Enterprise HUB: Historically Under Utilized Business VOSB: Veteran Owned Small Business Section 3: Certified Housing Urban Development Vendors ALL BUSINESS EQUITY FIRMS MUST BE CERTIFIED BEFORE CONTRACT AWARD Failure to complete this form, in its entirety, and received by the Purchasing Division no later than 2:00 p.m. on the third City business day after bid opening, exclusive of bid opening date, will result in the bid -being considered non -responsive to bid specifications. Exception: CFA. ICA. and CDBG Droiects, documents will be submitted to the Citv Proiect Manaaer if publicly bid or to the Developer if Drivately bid. The undersigned Prime/Offeror agrees to enter into a formal agreement with the Business Equity firm(s) listed in this utilization schedule, conditioned upon execution of a contract with the City of Fort Worth (Exception: Developer Drolects). 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. Business Equity firms listed toward meeting the project goal must be located in the City's marketplace at the time of bid or the business has a Significant Business Presence in the Marketplace. The marketDiaee is the Citv of Fort Worth includina Dortions of Denton. Parker. Wise, and all of Tarrant. Dallas, and Johnson counties. Certified means those Business Equity Finns, located within the Marketplace, 'that have been determined to be a bona -fide minority or women business enterprise by the North Central Texas Regional Certification Agency (NCTRCA), Dallas/Fort Worth Minority Supplier Development Council (D/FW MSDC) and Women's Business Council -Southwest (WBCS). If hauling services are utilized, the Prime/Offeror will be given credit as long as the Business Equity firm listed owns and operates at least one fully licensed and operational truck to be used on the contract. The Business Equity firms may lease trucks from another Business Equity firm, including Business Equity owner -operated, and receive full Business Equity credit. The Business Equity firm may lease trucks from non -Business Equity firms, including owner -operated, but will only receive credit for the fees and commissions earned by the Business Equity as outlined in the lease agreement. Federally -funded Projects (ONLY), Counting DBE Participation: If materials or supplies are obtained from a DBE manufacturer, count 100 percent of the cost of the materials or supplies towards the goal. If the materials or supplies are purchased from a DBE regular dealer. count 60 Dercent of the cost of the materials and supplies toward the DBE goal. When materials or supplies are purchased from a DBE neither a manufacturer nor a reaular dealer, count the entire amount of fees or commissions charged for assistance in the procurem A tie materials and supplies or fees or transportation charges for the delivery of the materials or supplies delivered to the job site. In all cases, %?d"?/,9g2or is responsibre''to identity the amounts to be used toward the committed DBE goal. Note: For DBE Goals, 60% of the services count towards the goal. Effective 01/01/2021 Updated 0=4/2022 FORT WORTH Business Equitv Utilization Form Please note that only certified Business Equity firms will be counted to meet the Business Equity goal. Prime/Offerors are required to identify ALL. subcontractors/suppliers, regardless of status; i.e., Business Equity firms and non -Business Equity fines. Prime/Offerors must identify by tier level all subcontractors/suppliers. Tier: means the level of subcontracting below the Prime/Offeror i.e. a direct payment from the Prime/Offeror to a subcontractor is considered 1st tier, a payment by a subcontractor to its supplier is considered 2nd tier. Business Equity firms are to be fisted before non -Business Equity firms. The Prime/Offeror is responsible to provide proof of payment of all tiered sub-contractors/suppliers Identified as a Business Equity firm and counting those dollars towards meeting the contract committed goal. Certified Business Equity Prime/Offeror Contractors counting their self -performance towards meeting the contract goal, must be certified within those NAICS commodity codes with a certifying agency acceptable by the City of Fort Worth. Certified Business Equity Prime/Offeror counting self -performing services towards the goal, the service(s) to be performed should be listed first on the Utilization form. Check this boxolf certified Prime Contractor services will be counting towards the Business Equity contracting goal. Please list services first below. Please list certified Business Equitv firm names as listed on their certification, including DBA names. NAMES AND ADDRESSES OF TYPE OF SERVICES/SUPPLIES Specify Tier Certification Agency Gender and Ethnicity: CONTRACTORS/SUPPLIERS PROVIDED (NAICS Required) Nam® 1atTier Business Name: Type of Service/Supplies: Certified By: Male Female ❑ Non -Binary Address: [DDIFW MSDC African American E] Hispanic ❑NCTRCA Phone: Asian NAICS Code: ❑TXDOT ❑WBCS 11 Email: Caucasian EINative ElOther Contact Person: $ AMOUNT: American Business Name: Type of Service/Supplies: Certified By: ❑ Male ❑ Female ❑ Non -Binary Address: :]DFW MSDC African American Hispanic __�NCTRCA Phone: NAICS Code: �TXDOT (�gCS ❑ Asian Email: uu ]Other � Caucasian ElNative Contact Person: $ AMOUNT: American Business Name: Type of Service/Supplies: Certified By: 11 Male ❑ Female ❑ Non -Binary Address: [:]DFW MSDC ❑NCTRCA African American Hispanic Phone: NAICS Code: ❑TXDOT ❑WBCS ❑ Asian Email: Other 0 Caucasian El Native Contact Person: $ AMOUNT: American Exhibit E Page 112 a 01/01/2021 p ed 03/24/2022 FORT WORTH Business Equity Utilization Form Please include multiple copies of this page if needed to list all contractors and suppliers. NAMES AND ADDRESSES OF CONTRACTORS/SUPPLIERS Business Name: Address: Phone: Email: Contact Person: Business Name: Address: Phone: Email: Contact Person: Business Name: Address: Phone: Email: Contact Person: Business Name: Address: Phone: Email: Contact Person: Exhibit E TYPE OF SERVICES/SUPPLIES Specify Tier PROVIDED (NAICS Required) Name 1st Tier Type of Service/Supplies: NAICS Code: $ AMOUNT: Certification Agency Gender and Ethnicity: Certified By: ❑ Male []Female ❑ Non -Binary ❑D/FW MSDC ❑African American ❑ Hispanic 7NCTRCA ❑TXDOT ❑1NBCS ❑Asian Other: []Caucasian Native American Type of Service/Supplies: Certified By: ❑Male ❑Female ❑Non -Binary :]DFW MSDC ❑African American ❑Hispanic 7NCTRCA NAICS Code: ]TXDOT ❑WgCS ❑Asian ]Other: ❑Caucasian ❑Native AMOUNT: American Type of Service/Supplies: Certified By: ❑Male ❑Female ❑Nan -Binary ]DFW MSDC 7NCTRCA ❑African American []Hispanic NAICS Code: ]TXDOT ❑WBCS ❑Asian ]Other: ❑Caucasian ❑Native AMOUNT: American Type of Service/Supplies: Certified By: ❑Male ❑Female ❑Non -Binary ]DFW MSDC 7NCTRCA ❑African American ❑Hispanic NAICS Code: :ITXDOT ❑WBCS ❑Asian Other: ❑ Caucasian ❑ Native AMOUNT: American Page 11,T5616tiile 01/01/2021 Updated 03/24t2022 FORT WORTH Business Eciuity Utilization Form Total Dollar Amount of Certified Prime/Offeror Services towards contract goal $ Total Dollar Amount of Business Equity (or DBE if applicable) Subcontractors/Suppliers $ Total Dollar Amount of Non -Business Equity Subcontractors/Suppliers $ TOTAL DOLLAR AMOUNT OF CERTIFIED PRIME/ALL SUBCONTRACTORS/SUPPLIERS $ The Prime/Offeror will not make additions, deletions, or substitutions to this certified list without the prior approval of the Business Equity Division through the submittal of a Request for Approval of Change/Addition online. 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 Prime/Offeror shall submit a detailed explanation of how the requested change/addition or deletion will affect the committed Business Equity goal. If the detail explanation is not submitted, it will affect the final compliance determination. By affixing a signature to this form, the Prime/Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including non -Business Equity firms. The Prime/Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company. The Prime/Offeror agrees to allow the transmission of interviews with owners, principals, officers, employees and applicable subcontractors/suppliers participating on the contract that will substantiate the actual work performed by the Business Equity firms on this contract, by an authorized officer or employee of the City. A Prime/Offerer who intentionally and/or knowingly misrepresents material facts shall be Debarred for a period of time of not less than three (3) years. Authorized Signature Title Company Name Address City/State0p Code DepartmelWersity and Inclusion - Business Equity Division Email: DVIN_BEOMce@fortworthtexas.gov Ph: 817-392-2674 Printed Signature Contact Name and Title (if different) Phone Number Email Address Date Page 1 A"''01/01/2021 Updated 03124n022 FORM 13 FORT WORTH PRIME/OFFEROR COMPANY NAME: PROJECT NAME: City of Fort Worth Business Equity Division Good Faith Effort Form Business Equity Goal: Offeror's Business Equity Goal Commitment: Check applicable box to describe Prime/Offeror's Certification Business Non -Business Firm Equity Firm el Did't PROJECT NUMBER If the Offeror did not meet or exceed the Business Equity Goal for this project, the Prime/Offeror must complete this form. If the Prime/Offeror's method of compliance with the Business Equity Goal is based upon demonstration of a "Good Faith Effort", the Prime/Offeror will have the burden of correctly and accurately preparing and submitting the documentation required by the City. Compliance with each item, 1 thru 10 below, shall satisfy the Good Faith Effort requirement absent proof of fraud, intentional and/or knowing misrepresentation of the facts or intentional discrimination by the Prime/Offeror. Failure to complete this form, in its entirety with supporting documentation, and received by the Purchasing Division no later than 2:00 p.m. on the third City business day after bid opening, exclusive of bid opening date, will result in the bid being considered non -responsive to bid specifications. Exception: CFA, ICA, and CDBG projects, documents will be submitted to the City Project Manager if publicly bid or to the Developer if privately bid. 1.) Please list each and every subcontracting and/or supplier opportunity for the completion of this project, regardless of whether it is to be provided by a Business Equity firm or non -Business Equity firm. (DO NOT LIST NAMES OF FIRMS). On all projects, the Prime/Offeror must list each subcontracting and or supplier opportunity regardless of tier. (Use additional sheets, if necessary) List of Subcontracting Opportunities List of Supplier Opportunities Exhibit E Page 115 of 123 2.) Obtain a current (not more than two (2) months old from the bid open date) list of Business Equity subcontractors and/or suppliers from the City's Business Equity Division. Yes ❑ No Date of Listing 3.) Did you solicit bids from Business Equity firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by telephone, exclusive of the day the bids are opened? Yes (If yes, attach list to include name of Business Equity firm, person contacted, phone number and date and time of contact.) ❑ No 4.) Did you solicit bids from Business Equity firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by fax, exclusive of the day the bids are opened? Yes (ff yes, attach list to include name of Business Equity firm, fax number and date and time of contact. In addition, if the fax is returned as undeliverable, then that "undeliverable confirmation" received must be printed directly from the facsimile for proper documentation. Failure to submit confirmation and/or "undeliverable confirmation" documentation may render the NO GFE non -responsive.) 5.) Did you solicit bids from Business Equity firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by email, exclusive of the day the bids are o ened? Yes (if yes, attach email confirmation to include name of Business Equity firm, date and time. In addition, if an email is returned as undeliverable, then that "undeliverable message" receipt must be printed directly from the email system for proper documentation. Failure to submit confirmation and/or "undeliverable message" NO documentation may render the GFE non -responsive.) NOTE: The three methods identified above are acceptable for soliciting bids, and each selected method must be applied to the applicable contract. The Prime/Offeror must document that either at least two attempts were made using two of the three methods or that at least one successful contact was made using one of the three methods in order to deemed responsive to the Good Faith Effort requirement. NOTE: The Prime/Offeror must contact the entire Business Equity list specific to each subcontracting and supplier opportunity to be in compliance with questions 3 thru 5. 6.) Did you provide plans and specifications to potential Business Equity firms? Yes No 7.) Did you provide the information regarding the location of plans and specifications in order to assist the Business Equity firms? Yes No Exhibit E Page 1 141!9 {4 03/15/2022 8.) Did you prepare a quotation for the Business Equity firms to bid on goods/services specific to their skill set? ❑ Yes (If yes, attach all copies of quotations.) ❑ No 9.) Was the contact information on any of the listings not valid? (If yes, attach the information that was not valid in order for the Business Equity Division to address Yes the corrections needed.) ❑ No 10.) Submit documentation if Business Equity firms quotes were rejected. The documentation submitted should be in the firms forms of an affidavit, include a detailed explanation of why the Business Equity firms was rejected and any supporting documentation the Prime/Offeror wishes to be considered by the City. In the event of a bona fide dispute concerning quotes, the Prime/Offeror will provide for confidential in -camera access to an inspection of any relevant documentation by City personnel. (Please use additional sheets, If necessary, and attach.) Company Name Telephone Contact Person Scope of Work Reason for Rejection ADDITIONAL INFORMATION: Please provide additional information you feel will further explain your good and honest efforts to obtain Business Equity firm participation on this project. The Prime/Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed on this contract, the payment thereof and any proposed changes to the original arrangements submitted with this bid. The Prime/Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed on this contract, by an authorized officer or employee of the City. A Prime/Offeror who intentionally and/or knowingly misrepresents material facts shall be Debarred for a period of time of not less than three (3) years. Exhibit E Page 117 of 123 Effective 03/15/2022 The undersigned certifies that the information provided and the Business Equity firms listed was/were contacted in good faith. It is understood that any Business Equity firms listed in Attachment 1C will be contacted and the reasons for not using them will be verified by the City's Business Equity Division. Authorized Signature Printed Signature Title Contact Name and Title (if different) Company Name Phone Number Address Email Address City/State/Zip Date Business Equity Division Email: DVIN_BEOffice@fortworthtexas.gov Phone: (817) 392-2674 Exhibit E Page 118 of 123 Effective 03/15/2022 FORTWORTH. FORM 14 CITY OF FORT WORTH M/WBE Joint Venture Eligibility Form All questions must be answered; use "NIA "if not applicable - Name of City project: A joint venture form mtu' be convicted on !ad pn jed RFPBid/Purchasing Number: 1. Joint venture information: Joint Venture Name: Joint Venture Address: (If applicable) Telephone: Facsimile: I E-mail address: Cellular: Identify the firms that comprise the joint venture: Please attach extra sheets it additional space is required to provide detailed explanations of work to be performed by each firm comprising the ioint venture MlWBE firm I Non-M/WBE firm name: name: Business Address: Business Address: City, State, Zip: City, State, Zip: Telephone Facsimile E-mail Telephone Facsimile Cellular Cellular Certification Status: Name of Certifying Agency: 0 E-mail address 2. Scope of work performed by the Joint Venture: Describe the scope of work of the M/WBE: Describe the scope of work of the non-M/WBE: 0 Exhibit E Page 119 of 123 3. What is the percentage of M/WBE participation on this joint venture that you wish to be counted toward meeting the project goal? 4. Attach a copy of the joint venture agreement. 5. List components of ownership of joint venture: (Do not complete if this information is described in joint venture agreement) Profit and loss sharing: Capital contributions, including equipment: Other applicable ownership interests: 6. Identify by name, race, sex and firm those individuals (with titles) who are responsible for the day-to-day management and decision malting of the joint venture: Financial decisions (to include Account Payable and Receivable): Management decisions: a. Estimating b. Marketing and Sales c. Hiring and Firing of management personnel d. Purchasing of major equipment and/or supplies Supervision of field operations The City's Business Equity Division will review your joint venture submission and will have final approval of the M/WBE percentage applied toward the goal for the project listed on this form. NOTE: From and after the date of project award, if any of the participants, the individually defined scopes of work or the dollar amounts/percentages change from the originally approved information, then the participants must inform the City's Business Equity Division immediately for approval. 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 City's Business Equity Ordinance 25165-10-2021 . Exhibit E Page 120 of 123 AFFIDAVIT The undersigned affirms that the foregoing statements are true and correct and include all material information necessary to identify and explain the terms and operation of the joint venture. Furthermore, the undersigned shall agree to provide to the joint venture the stated scope of work, decision -making responsibilities and payments herein. The City also reserves the right to request any additional information deemed necessary to determine if the joint venture is eligible. Failure to cooperate and/or provide requested information within the time specified is grounds for termination of the eligibility process. The undersigned agree to permit audits, interviews with owners and examination of the books, records and files of the joint venture by any authorized representatives of the City of Fort Worth. Failure to comply with this provision shall result in the termination of any contract, which may be awarded under the provisions of this joint venture's eligibility and may initiate action under Federal, State and/or Local laws/ordinances concerning false statements or willful misrepresentation of facts. Name of MBE firm Name of non -MBE firm Printed Name of Owner Printed Name of Owner Signature of Owner Signature of Owner Printed Name of Owner Printed Name of Owner Signature of Owner Signature of Owner Title Title Date Date Notarization State of County of On this day of , 20 , before me appeared and to me personally known and who, being duly sworn, did execute the foregoing affidavit and did state that they were properly authorized to execute this affidavit and did so as their free act and deed. Notary Public !'Tint Nano Notary Public Signature Commission Expires Office of Business Diversity Em4ikNmwbeoffice@fortworthtexas.gov Phone: (817) 392-2674 (-a1) Pape 121 of 123 FORM 15 FORT WORTH City of Fort Worth Business Equity (M/WBE) Specifications Prime Contractor Waiver Form OFFEROR COMPANY NAME: I Check applicable block to describe Prime PROJECT NAME: I�M/WBE NON-MWBE B D DATE City's MBE Project Goal: I Offeror's MBE Project Commitment: % I % PROJECT NUMBER If both answers to this form are YES, do not complete ATTACHMENT 1C (Good Faith Effort Form). All questions on this form must be completed and a detailed explanation provided, if applicable. If the answer to either question is NO, then you must complete ATTACHMENT 1C. This form is only applicable if tip-th answers are yes. Failure to complete this form in its entirety and be received by the Purchasina Division no later than 2:00 p.m., on the second Citv business day after bid oaeninq, exclusive of the bid opening date, will result in the bid being considered non -responsive to bid specifications. Will you perform this entire contract without subcontractors? YES If yes, please provide a detailed explanation that proves based on the size and scope of this NO project, this is your normal business practice and provide an operational profile of your business. Will you perform this entire contract without suppliers? YES If yes, please provide a detailed explanation that proves based on the size and scope of this project, this is your normal business practice and provide an inventory profile of your business. NO The Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including certified M/WBE(s) on this contract, the payment thereof and any proposed changes to the original M/WBE(s) arrangements submitted with this bid. The Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed by the M/WBEs 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 less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance creates a material breach of contract and may result in a determination of an irresponsible Offeror and barred from participating in City work for a period of time not less than one (1) year. Authorized Signature Title Company Name Address CKWstateav By> g1 quity Division Em NBEOr1lceeforlworthtexas.gov Phone: (817)392-2874 Pdnled Signature Contact Name (If dMfersnt) Phone Number Fax Number Emeil Address Date Page 122 of 123 FORTWORTH. ADDENDUM TO REQUEST FOR PROPOSAL NO. 23-0003 DROP-OFF STATION AND SPECIAL EVENT COLLECTION PURCHASING DIVISION ADDENDUM NO.2 REQUEST FOR PROPOSAL (RFP): 23-0003 BID OPENING DATE: December 8, 2022 (CHANGED) DATE ISSUED: November 17, 2022 RFP No. 23-0003 issued November 2, 2022, is hereby amended as follows: 1. Bid Opening Date has been changed from December 1, 2022, at 1:30PM (Local Time) to December 8, 2022, at 1:30PM (Local Time) 2. Interviews Date, if applicable, has changed from December 14 to December 16, 2022 to January 4 to January 6, 2023. All other terms and conditions remain unchanged. Maria Caoxv-N Maria Canoura BUYER ■■rrr�rrrrrrr■■■rrr■■■■■r■■■■■■■r■■■■■■■rrrrrr■■■■rr■■■rr■■■■■rrr■■■rrr■rrr■rr■r■ By the signature affixed below, Addendum No. 2 is hereby incorporated into and made part of the above referenced Request for Proposal. COMPANY NAME: SIGNATURE: NOTE: Company name and signature must be the same as on the original bid documents. Failure to return this form with your sealed bid may constitute grounds for rejection of your offer. Exhibit E Page 123 of 123 CONTRACTOR'S RESPONSE: TO CITY'S RFP NO.23-0003 COVERSHEET EXHIBIT F CONTRACTOR'S RESPONSE COPY TO CITY'S RFP 23-0003 CITY OF FORT WORTH Drop -Off Station and Special Event Collection - RFP# 23-0003 - December S, 2022 FORT WORTHt, PURCHASING DIVISION REQUEST FOR PROPOSALS (RFP) for 23-0003 Drop -Off Station and Special Event Collection Issued: November 2, 2022 PROPOSAL SUBMISSION DEADLINE: _DeceMr er 1. 2022 by 1:30PM Local Time NO LATE PROPOSALS WILL BE ACCEPTED Proposal shall be delivered to: Legal Name, d/b/a and address of Proposer submitting the Proposal: The Purchasing Manager City of Fort Worth Purchasing Division, Lower Level, City Hall, 200 Texas Street, Fort Worth, 'Texas 76102 Note: Return this Cover Sheet with the Proposal Pre -Proposal Conference will be held via in person: 10:30AM (local time) November 8, 2022 200 Texas, Fort Worth, TX, 76102 Lower Level, Northeast corner Development Services Conference Room #LL1201 To access by video conference, please refer to section 4.S Pre -Proposal Conference, for links to WebEx meeting. For additional information/clarifications regarding this RFP, please contact: Assigned Buyer: Maria Canoura I'iMSPurchasiogResno=kti fortworthtexas ga% Waste Management of Texas, Inc. Authorized Person: Rick LoSa Tide: Area Direct f ublic actor Solutions Signature: Contact Person Name: Stephen Keller Phone: (a17)A5&75U Fax: ( ) Email: Bidder/Supplier ID with City of Fort Worth/ Federal ID Number (TIN): 7Rt22z5gx • PDF or Adobe or electronic signature is acceptable on this RFP cover page. The Authorized Person, by his/her signature, represents that he/she is submitting a binding proposal and is authorized to bind. By signing and submitting, acknowledges that he/site has received and read the entire document packet, including all documents incorporated by reference, and agrees to be bound by the terms therein. • Proposals must be received in the Purchasing Office by 1:30 P.M., "Proposal Submission Deadline" AND TimE STAMPED PRIOR TO THE 1:30 DEADLINE IN ORDER 1'0 BE CONSIDERED. Late bids will be returned or destroyed. • Proposals must be submitted in a scaled envelope WITH THE RFP NUMBER, RFP TITLE AND PROPOSER'S LEGAL NAME WRITTEN ON THE OUTSIDE OF THE ENVELOPE. In case ofcouner, it should be on the outside of the courier's shipping envelope. • Bids will be opened and read aloud publicly at 2:00PM in the Council Chambers. Page 1 of 102 Exhibit F Page 2 of 99 SECTION 1: LETTER OF INTENT W December 8, 2022 City of Fort Worth Purchasing Division 200 Texas St., Fort Worth, Texas 76102 Attn: City of Fort Worth Recycling Processing Services Evaluation Committee Dear Committeepersons: Waste Management of Texas, Inc. (WM) is pleased to present this response to the City of Fort Worth in response to RFP# 23-0003 for Drop -Off Station and Special Event Collection. WM is proud of the partnership we have built with the City of Fort Worth as your provider for the collection of the City's trash and recyclables. Now, we look forward to expanding this partnership. WM is the leading provider of comprehensive waste and environmental services in North America. We are strongly committed to a foundation of financial strength, operating excellence, and professionalism. We are proud of the work we do, our dedicated staff, and the customers we serve. We have a proven track record of providing our customers with waste programs that meet their goals and expectations. We have implemented programs for more than 21 million customers across North America. We thank you for the opportunity to participate in this RFP process. Please do not hesitate to contact any of our team members with any questions regarding our proposal. Sincerely, Stephen Kellar Public Sector Manager (817) 454-7504, skellar(cDwm.com PROPOSAL STATEMENTS This proposal is a firm offer for a 180-calendar day period from the Proposal Submission Deadline Date. The information contained in this Proposal or any part thereof, including exhibits, schedules, and other documents and instruments delivered or to be delivered to the City, are true, accurate, and complete to the Proposers knowledge. This proposal includes all information necessary to ensure that the statements herein do not in whole or in part mislead the City as to any material facts. Regarding subcontractors, WM will not need to utilize any subcontractors and can self -perform all work. WM does not agree that all terms, conditions, and pricing apply if any other governmental entities want to participate in this contract (Section 7.3, Page 36 of the RFP: Cooperative Purchasing). Prir"d on loox Exhi6` `ft-Wd " peFar Page 4 of 99 SECTION 2: COMPANY HISTORY AND OWNERSHIP Page 5 of 99 FORT WORT . Our Company History: Leading the Path to a More Sustainable Future WM is the world's leading provider of sustainability services. For more than 50 years, we have been working for a better tomorrow with sustainability and environmental stewardship embedded in all we do. Over our century -plus history, we have partnered with countless customers to implement innovative programs and services that have shaped the solid waste and recycling industry in North America. Key highlights of our history include: 1• BORN OUT OF A DESIRE TO SERVE COMMUNITY is 1968: The original Waste Management, Inc. begins operations, bringing together numerous solid waste companies, including some founded in the early 1890s. A PIONEER FOR THE ENVIRONMENT 1980s: WM pioneers recycling programs in communities throughout North America. Curbside recycling services begin in many neighborhoods and WM begins to build robust collection, materials recovery, and materials marketing infrastructures to ensure that more of our waste finds second fife. BREAKTHROUGH TECHNOLOGY 1990s: WM refines recycling processing facilities by introducing single -stream recycling that allows for the customer convenience of "allAn-one" cart -based recycling collection. REDUCING OUR CARBON FOOTPRINT 2007: WM begins transitioning to collection vehicles that run on cleaner fuels, setting a goal to reduce fleet emissions by 15% by 2020. The goal is achieved in just four years and by 2018 we reduced fleet emissions 30% with the largest heavy-duty natural gas truck fleet in North America. CLOSING THE LOOP 2009: Our first renewable energy facility opens at our Altamont, CA Landfill, giving WM technology to produce renewable natural gas (RNG) that can be used as transportation fuel from biogas, a gaseous product from the decomposition of organic matter at our landfills. Today, WM has 16 RNG production facilities and nearly a third of our natural gas fleet runs on RNG fuel. THE CROWN JEWEL OF SUSTAINABLE SPORT 2010: WM begins sponsorship of the Phoenix Open golf tournament. The WM Phoenix Open (WMPO) soon evolves into the premier showcase for environmental best practices and innovation in sustainable sport. The WMPO annually achieves Zero Waste status beginning in 2012 and has earned the nickname "The Greenest Show on Grass.' N,ftd — loox 2 ExirtD FcycI"6 Page 6 of 99 City of Fort Worth � I FOR, T�VOR�. RFP# 23-0003 - Drop -Off Station and Special Event Collection EDUCATING TO RECYCLE RIGHT 2013: The industry's first comprehensive, tum-key recycling education campaign is launched. Recycle Right promotes recycling by simplifying guidelines and providing resources for. AL recycling today, from the latest technologies to tools that inspire others to recycle. With Recycle Right, everyone is empowered to become a recycling ambassador. THE WORLD OF RECYCLING CHANGES 2017: China, which had been the world's largest market for mixed paper and plastics, sets aggressive environmental goals that culminate with a plan to eliminate imports of all post -consumer recyclables by 2021 In response, WM works to rebalance commodity values by developing markets here in North America. AIMING HIGHER 2018: WM sets an ambitious new goal to offset four times the greenhouse gas emissions we generate through our operations by 2038. The ambition is supported by two additional goals: reducing fleet emissions by 40% through renewable fuel use in our growing fleet of natural gas vehicles and collecting two million more tons of recycled materials by 2038. EXPORTING RESPONSIBLY 20% Responding to the issue of plastic waste in the environment, including marine debris, WM declares that no plastics collected on our residential routes will be sent outside North America, where countries may not be well- equipped to properly handle the materials. Sending plastic to such markets increases the likelihood of more plastics entering rivers, waterways, and oceans. INVESTING IN THE FUTURE OF RECYCLING 2020: WM opens the "Material Recovery Facility of the Future" - a next generation recycling facility with cutting edge recyclables processing technologies, including optical sorters, advanced screening, and robotics. The new MRF design maximizes outbound quality of recyclable materials while minimizing operating expenses - helping to create more sustainable recycling programs - and serves as the framework for future MRF investments over the next five years. MORE THAN A WASTE MANAGEMENT COMPANY 2022: Because our business offerings go beyond just managing waste, "Waste Management re -brands to become "WM." Today, as WM, we are changing waste collection, creating aftemative fuels, and forging a more sustainable tomorrow for all of us. TODAY, AND BEYOND While this is our story, it is not the end. WM is writing new chapters every day in pursuit of solutions to global issues, while always providing the most consistent service in the industry. Printed w 100 Exhl'6` &ncy.l.blep.p.r Page 7 of 99 SECTION 3: COMPANY EXPERIENCE VMA- 9 WORT . WM: Who We Are and What We Do As North America's leading provider of comprehensive environmental services, WM serves millions of residential, commercial, industrial, and municipal customers throughout the U.S. and Canada by collecting, transporting, and finding new uses for the waste they generate. We also collaborate with our customers to help them achieve their sustainability goals through managing and reducing waste and operating more sustainably. To serve our diverse customer base, we have developed the industry's largest network of collection operations, transfer stations, and recycling and disposal facilities, led by a team of 48,300 employees motivated to go above and beyond. Unmatched in geographical reach and ability, our resources enable us to manage every aspect of our customers' waste streams. WM At -a -Glance (data represents the most recently published information) People Operations 48,300 255 5 507 340 $29.1B team members solid waste hazardous hauling transfer asset base landfills waste facilities facilities landfills Recycling Facilities 49 single stream recycling facilities 27 commercial facilities 11 other facilities 9 construction and demolition recycling facilities 26 composting facilities 4 WM CORem organics processing facilities 1100% E 1 .Vcub6 p.P- Energy 10,832 alternative fuel vehicles 177 natural gas fueling stations 102 landfill gas -to -electricity facilities 26 landfill gas -to -industrial customers as substitute for fossil fuels 16 Renewable Natural Gas facilities Environmental 73 certified wildlife habitat programs 70 pollinator programs 177 active habitat, species, and education certified projects 13,721 acres actively managed for wildlife preservation 4 Page 9 of 99 City of Fort Worth W RFP# 23-0003 - Drop -Off Station and Special Event Collection WM is Evolving from Service Provider to Sustainability Partner WM is more than just a waste management company. We are advancing from a service provider to a true sustainability partner by making it easier for customers to reduce waste, decrease emissions, and use more recycled materials in a manner that is good for people, communities, and the environment. As we continue to evolve, a critical component of this sustainability strategy is expanding services that support a transition to a lower - carbon economy. With this new strategy, we aim to help customers increase circularity and accelerate their decarbonization goals. ORT WART . Sustainability is in the spotlight as never before, and WM is responding by incorporating sustainability into everything we do, because we are Always Working For A Sustainable Tomorrow. And we are investing — significantly — in this sustainability strategy. Following are WM's five strategic sustainability growth areas that will continue to shape WM's path to a true sustainability partner. Sustainability Our customers have expectations to reduce waste, enhance their sustainability reporting, and program partner contribute to a circular economy. WM, in turn, is continuing to adapt to meet these needs and become a true sustainability partner to help our customers increase circularity and accelerate decarbonization goals. Modem landfills As part of our overarching company goals to reduce climate impact of our operations, by 2026 and renewable we expect to see six -fold growth in the amount of renewable natural gas (RNG) produced at energy WM landfills — growth capable through $825 million in investments in our RNG infrastructure from 2022-25. We also aim to use 100% renewable electricity at facilities we control by 2025. Recycling We plan to invest $800 million in new and upgraded recycling infrastructure from 2022-25— Infrastructure investments that will make our material recovery facilities more efficient so we can reduce contamination and recycle more. These investments will result in 25% expected growth in tons diverted from landfills from 2022-25. Integrated Creating new value from discarded materials goes beyond traditional recycling. A growing organics number of states and municipalities are enacting or considering regulations that would promote diversion of organics, particularly food waste. We are investing in a range of technologies and programs to proactively grow our infrastructure for handling food waste and other organic materials. Circular By recycling materials, we help to avoid GHG emissions by preventing the mining and logistics manufacture of products from virgin materials. The more we can recycle, the more materials we can keep in the circular economy and the more emissions we can avoid. From educating consumers on how to recycle right, to investing in technologies that allow us to divert from landfills, to helping create new markets for recyclables — WM participates in creating a circular economy. Prim d m 100% ExhibV & vacy`tbM paper Page 10 of 99 SECTION 4 STATEMENT OF ORGANIZATION FORM 2: STATEMENT OF ORGANIZATION Exhibit F Page 11 of 99 Proposer Name: Full Name of Business: Type of Corporate Entity: Tax ID: Principal Business Address: Local Business Address: (if available) Contact Name: Telephone Number: FORM 2: STATEMENT OF ORGANIZATION Waste Management of Texas, Inc. Waste Management of Texas, Inc. Corporation 751223528 1121 Riverside Drive, Fort Worth, TX 76111-3615 1121 Riverside Drive, Fort Worth, TX 76111-3615 Stephen Kellar Title: Public Sector Manager (817) 454-7504 Email Address: skellar(Mwm.com Authorized Representative(s) Provide the names of authorized representative(s) of the Proposer who has legal authority to bind the Proposer in contractual obligations: (A) Rick Losa (B) Stephen Kellar (C) Exhibit F Page 12 of 99 Subcontractor(s) List all firms participating on this proposal: (A) NIA. WM will not need to utilize any subcontractors for this contract. Business Equity Firm: ❑ No ❑ Yes Component of Service: ❑ Drop off Station(s) ❑ Special Events ❑ Pedestrian Area Containers (B) Business Equity Firm: ❑ No ❑ Yes Component of Service: ❑ Drop off Station(s) ❑ Special Events ❑ Pedestrian Area Containers (C) Business Equity Firm: ❑ No ❑ Yes Component of Service: ❑ Drop off Station(s) ❑ Special Events ❑ Pedestrian Area Containers (D) Business Equity Firm: ❑ No ❑ Yes Component of Service: ❑ Drop off Station(s) ❑ Special Events ❑ Pedestrian Area Containers Exhibit F Page 13 of 99 SECTION 5 MINIMUM REQUIREMENTS EXPERIENCE LETTER OF CREDIT/PERFORMANCE BOND & FORM 1 BANK OF AMERICA���/' November 18, 2022 City of Fort Worth 200 Texas Street Fort Worth, TX 76102 RE-23-0003 Drop -Off Station and Special Event Collection Waste Management of Texas, Inc., has asked us to provide you with a letter which addresses the Company's financial capability. Bank of America, N.A. has had the pleasure of doing business with Waste Management Inc. and its subsidiaries for over 20 years. Not only do we enjoy a comprehensive treasury management relationship, but we also have a very significant credit relationship. We are the Administrative Agent for, and a participant in, the company's five-year $3.50 billion Revolving Credit Facility, of which approximately $3.2 billion is available, as of this date, to be utilized for direct borrowings and the issuance of letters of credit, subject to certain conditions, to support general corporate purposes, contracts, and agreements. The facility has been handled as agreed. Waste Management, Inc. has adequate financial resources and all of their accounts are in good standing. Should you have additional questions about our relationship with Waste Management, please do not hesitate to contact me by phone at: 312-992-3882 or by email at: michael.contreras(Mbofa.com. Please note that the information set forth in this letter is subject to change without notice, and is provided in strict confidence, without any responsibility or liability on the part of Bank of America, N.A. Bank of America, N.A. undertakes no responsibility to update the information set forth in this letter. Very truly yours, BANK OF AMERICA, N.A. 14:e Michael Contreras Director Corporate Credit Risk Global Corporate & Investment Bank Exhibit F Page 15 of 99 Endurance Assurance Corporation 4 Manhattanville Road Purchase, NY 10577 Date: December S, 2022 To: City of Fort Worth 200 Texas Street Fort Worth, TX 76102 Principal: Waste Management of Texas, Inc. Bid Date: December 8, 2022 Description: 23-0003 Drop -Off Station and Special Event Collection Dear Sir/Madam: We, Endurance Assurance Corporation . hereby agree that in the event an award is made to Waste Manaeement of Texas. Inc... on the project as captioned, we will execute the necessary Performance and/or Payment Bonds that may be required. Sincerely, Endurance Assurance Corporation Susan Ritter Attomey-in-Fact Exhibit F Page 16 of 99 SOMPO INTERNATIONAL POWER OF ATTORNEY 1078 KNOW ALL BY THESE PRESENTS, that Endurance Assurance Corporation, a Delaware corporation, Endurance American Insurance Company, a Delaware corporation, Lexon Insurance Company, a Texas corporation, and/or Bond Safeguard Insurance Company, a South Dakota corporation, each, a 'Company' and collective*, 'Sompo International,' do hereby constitute and appoint: Brook T. Smith, Raymond M. Hundley, Jason D. Cromwell. James H. Martin, Barbara Duncan, Mark A Guldry, Jill Kemp, Lynnette Long, Amy Smith, Deborah Nelchter, Theresa Hintzman, Beth Frymire, Leigh McCarthy, Michael Dix, Susan Ritter, Ryan Britt, Kelsy Hoagland, Jacob Motto, Jennifer Edwards as true and lawful Attonrey(srin-Fact to make, execute, seal, and deliver for, and on its behalf as surety or co -surely; bonds and undertakings given for any and all purposes, also to execute and deliver on its behalf as aforesaid renewals, extensions, agreements, waivers, consents or stipulations relating to such bonds or undertakings provided however, that no single bond or undertaking so made, executed and delivered shall obligate the Company for any portion of the penal sum thereof in excess of the sum of ONE HUNDRED MILLION Dollars ($100,000,000.00). Such bonds and undertakings for said purposes, when duly executed by said attomey(s}in-fact, shall be binding upon the Company as fully and to the same extent as if signed by the President of the Company under its corporate seal attested by its Corporate Secretary. This appointment is made under and by authority of certain resolutions adopted by the sole shareholder of each Company by unanimous written consent effective the I P day of June, 2019, a copy of which appears below under the heading entitled 'Certificate" This Power of Attorney is signed and sealed by facsimile under and by authority of the following resolution adopted by the sole shareholder of each Company by unanimous written consent effective the 151h day of June, 2019 and said resolution has not since been revoked, amended or repealed: RESOLVED, that the signature of an individual named above and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signature or seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, each Company has caused this instrument to be signed by the following officers, and its corporate seal to be affixed this 15* day of June, 2019. Endurance Assurance Corporatiop. Bj o'i�. lI �� Richard Appel54 fA.Renlor Counsel �''pg5u�ancP',,,h, ej 'GO�kP O�r� O4 poi SFAL n Endurance American By:, 1 In ura?cq)Compagry f, Richard Appe"�-,FAIFr& nlor Counsel ,+reukcan. lns4�''4 d' BRAL T. t 1996 10 i 7 DELAWARE; p Lexon Insurance Company By:; 1 c. Ri and / ,.....0 ACKNOWLED EM Nl By: Bond Safeguard On this 151h day of June, 2019, before me, personally came the above signatories known to me, who being duly sworn, old depose and say that heRMtrfofjtcer of each of the Companies; and that he executed said instrument on behalf of each Company by authority of his offi under t by s of each Compaq. � JJ.. •••. _ a ak Amy aylor, No ublic My Commisslgn Fop 51yf23,' CERTIFICATE I, the undersigned Officer of each Company, DO HEREBY CERTIFY that 1. That the original power of attorney of which flee foregoing is a ropy was duly executed on behalf of each Company and has not since been revoked amended ar modified; that the undersigned has compered the foregoing copy thereof with the original power of aftomey, and that the same is a true and correct copy of the original power of attorney and of the whole thereof, 2. The following are resolutions which were adopted by this sole shareholder of each Company by unanimous written consent effective June 15, 2019 and said resolutions have not since been revoked, amended or modified: 'RESOLVED, that each tithe Individuals named below is authorized to make, execute, seal and deliver for and on behalf of the Company any and all bonds, undertakings or obligations in surety or co -surely with others: RICHARD M APPEL, BRIAN J. BEGGS, CHRISTOPHER DONELAN. SHARON L SIMS, CHRISTOPHER L SPARRO. MARIANNE L. WILBERT ; and be it further RESOLVED, that each of the individuals named above is authorized to appoint attorneys -in -fact for the purpose of making, executing, sealing and delivering bonds, undertakings or obligations in surety or co -surety for and on behalf of the Company! 3. The undersigned further certifies that the above resolutions are true and wrrect copies of Wis resolutions s so recor and t�/� whole ttnereot. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal this day ol OjkY By Do i S. e, tary No coverage is provded by this Notice nor can it be construed to replace any provisions of any surety bond or other surety coverage provided. TNa Nadu powlai Information concenning possible impact on your sung coverage due to directives issued by OFAC. Plena read this Notice carefully. The Office of Foreign Assets Control (OFAC) edinhiders and enforces sanctions policy, based on Presidential declarations ofnational emergency'. OFAC has Identified and fisted numerous foreign agents, front organizations, terrodats, terrorist organizations, and narcotics traffickers as 'Specially Designated Nationals and Blocked Persons', This list can be located on the United States Treasury's webstte— httoe-IAvww.treasurv.a iresoun:e center/sanctions/SDN-Lig. In accordance with OFAC regulations, if It is determined that you or any other person or entity claiming the benefits of any coverage has violated U.S. sanctions law or Is a Specialty Designated National and Blocked Person, as identified by OFAC, arty coverage will be considered a blocked or frozen contract and et provisions of any coverage provided are immediately subject to OFAC. When a surety bond or other form of surety coverage is considered to be such a docked or frozen contract, no payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments may also apply. Any reproductions are void. Surety Claims Submission: LexonClaimAdrnlnlstratiokrBrsomno-inti.com Telephone: 1115453-9600 Mailing Address: Sompo international; 12690 Lebanon Road; Mount Juliet, TN 37122.2870 Exhibit F Pane 17 of 99 Exhibit A — Forms FORM 1: Minimum Qualifications and Experience Form Proposers shall indicate which components of Service is included in their RFP Submission as described in Section 1.1. The components of service table is provided for Proposers to indicate the components of Service that are included in their RFP Submission Components of Service Table 1 Components of Service Included in RFP Submission Transportation of Solid Waste Containers from Drop -Off Stations to the City's designated Facilities. Transportation of Solid Waste Containers from Special Events and collection of Special Event Material to the City's designated Facilities. Collection of material from Pedestrian Area Containers and transportation to the City's designated Facilities. N/A In the case that multiple components of Service are selected, the combination of Services shall be evaluated. Proposers shall indicate in the space provided below if they would be willing to provide individual components of the combination indicated for the City's consideration (e.g., if all three components are selected, although the Proposer would be willing to provide Pedestrian Area Container service only). WM's proposal is contingent upon award of components ... want both. EAhib# F r). a 1 R of Q4 Form 1.1 — Drop-off Station and Special Event Collection Service — Point of Contact If Drop -Off Station and/or Special Event Collection is included in the RFP Submission and indicated in the Components of Service Table, Proposers shall furnish the following information for at least three (3) recent references to whom Drop-off Station Collection Service has been provided servicing Solid Waste Containers at Drop -Off Stations, as part of special event collection, or C&D hauling services for the preferred minimum of a total of 500 pulls per year as described in Section 10.5.2(2). Proposer's Name 1' Customer Name Name of Contact Title of Contact Present Address City, State, Zip Code Telephone Number Email Address Waste Management of Texas, Inc. City of Cedar Hill, TX Melissa Valadez-Cumminas Assistant City Manager 285 Uptown Boulevard Cedar Hill, TX 75104 ( 972 ) 291-5100 melissa.valadez@mdartiilltx.com 2. Customer Name City of Fort Worth, TX Name of Contact Jim Keezell Title of Contact Assistant Director Present Address 200 Texas Street City, State, Zip Code Fort Worth, TX 76102-6312 Telephone Number ( 817 ) 392-5153 Email Address jim.keezellefortworthtexas.gov 3. Customer Name The Woodlands, TX Name of Contact John Geiaer Title of Contact Environmental Services Manager Present Address 2801 Technology Forest Blvd. City, State, Zip Code The Woodlands, TX 77381 Telephone Number ( 281 ) 210-3926 Email Address jgeiger@thewoodlandstownship-bc.gov Exhibit F Page 19 of 99 Form 1.2 — Drop -Off Station and Special Event Collection Service - Service Description Proposers may copy this form and submit as many as applicable based on the references provided in Form 1.1 Experience Information: Name of Customer: Location: Contact Name: Telephone Number: Experience Overview: Dates of Service: Contract End Date: City of Cedar Hill, TX 285 Uptown Boulevard, Cedar Hill TX 75104 Melissa Valadez-Cumminas Title: Assistant Citv Manaaer Email (972) 291-5100 Address: melissa.valadez@cedarhilltx.com 2007 to 2025 2025 Number of Solid Waste Containers Serviced Annually More than 370 containers Additional Minimum Qualification and Experience: See Section 10.5(2) for further description of information to provide. Blank sheets with continued additional experience/project descriptions, drawings or photos may be included as attachments to this Form. Exhibit F Page 20 of 99 Form 1.3 — Pedestrian Area Container Collection Service — Point of Contact If Pedestrian Area Container Collection is included in the RFP Submission and indicated in the Components of Service Table, Proposers shall furnish the following information for at least three (3) recent references to whom Pedestrian Area Collection (or similar service) has been provided. References are not limited to only service of public receptacles, but may include customers that require service using the same vehicle and equipment type that is proposed as part of the RFP Submission (e.g., rear -load collection). Proposer's Name Waste Management of Texas, Inc. 1' Customer Name Not applicable. No bid. Name of Contact Title of Contact Present Address City, State, Zip Code Telephone Number ( ) Email Address 2. Customer Name Name of Contact Title of Contact Present Address City, State, Zip Code Telephone Number Email Address 3. Customer Name Name of Contact Title of Contact Present Address City, State, Zip Code Telephone Number ( ) Email Address Exhibit F Page 21 of 99 Form 1.4 — Pedestrian Area Container Collection Service — Service Description Proposers may copy this form and submit as many as applicable based on the references provided in Form 1.3 Experience Information: Name of Customer: Not applicable. No bid. Location: Contact Name: Telephone Number: Experience Overview: Dates of Service: Contract End Date: Number of Containers Serviced Annually Title: Email Address: Additional Minimum Qualification and Exoerience: See Section 10.5(2) for further description of information to provide. Blank sheets with continued additional experience/project descriptions, drawings or photos may be included as attachments to this Form. Exhibit F Page 22 of 99 SECTION 6 CONFLICTS OF INTEREST FORM 3:CONFLICTS OF INTEREST QUESTIONNAIRE FORM . Page 23 J9 FORM 3: CONFLICT OF INTEREST QUESTIONNAIRE (CIQ) CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For vendor doing business with local governmental entity This questionnaire reflects changes made to the taw by KB. U 84th hag., Regular Session OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Govemmerd Code, by a vendor who Dore Feceild has a business relationship as defined by Section 17&0010-0 with a local govwrrnental entity and the vendor meets requirements under Section 176.006(a)_ By Tare this questionnaire must be filed with the records administrator of the local governmental or* not War than the 7th busmass day after the data the vendor becomes aware of facts that require tine statement to be tied Soo Section 176.006(a-1), IAohi GaVerranerd Lode. A vondor commits an offense if the vendor inrowingly violates Section 176.006, Local Government Code_ An offense under Iris section it a misdemeanor. J Name of vendor who has a business relationship with local govemmen al entity. N/A JEJ Check this be, if you ava fiWq an update 111 perviously filed upesdomais. (The law requires thalyou file an updated completed grwsbormairo with due appropriate film authority not later than ttw 7th business day after the date on which you became aware that the originally filed questionnaire was incomplate or inaccurate.) J Naane of coal govornrnent officer about when the Information is being disclosed. N/A .:,ITF 1rT-±fi1iL1 -rt J Describe each employrnont or other business relationship with the loaf govemnent offtm, or a family member of the officar, as described by Section 176.003(&=A). Also describe arty family nslationship with the foal govommord oWmL Complete subparts Amid 6 faresch employment or busiess alationship descried. Attach addidonal papas to this Form CIO as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable ncane, otter than irvosfinenl income. from the vendor? Yes F--j No B. Is the vendor receiving or I" to recenre taxable irrocnw. other than invosbmont income. from or at the direction of the local goVerrunent officer or a family nwmbor of the officer AND the taxable incorna is not received loom the local governmental Artily? Yes F--j No J Doscris each employment or bumbe rais#anship Out the vendor naaed in Section 1 mainteirm with s eaporalion or other budreas madly with aspect to which the local govsrrunent o allow serves as an officer or direcbK or holds an own ahip hrtarest of one perosnt or more. N/A J ❑Check this box itthe vendor has prwn the local government often or a family member of the officer one or its more p as described in Section 176.003(a)(2M. excluding gifts descrleed it Section 176.003(&-1). J N/A blgnl8nme of venom doing business wen me govermremel emry harp Form provided by Texas Ethics Commission wwer_elhics.slate.nu.us Revised 1111=1 Exhibit F Page 24 of 99 SECTION 7 METHOD OF APPROACH W I ORT WORT . 10.7.1. Disposal and Processing Facility(ies) (1) Proposers shall confirm their intention to utilize the Disposal Facility in accordance with Section 8.2.3(1) and indicate the materials that will be delivered to SELF for Disposal. WM acknowledges and confirms. (2) Proposers shall confirm their intention to utilize the Fort Worth C&D Landfill in accordance with Sections 8.2.3(2) and 8.2.3(5) and indicate the materials that will be delivered to the Fort Worth C&D Landfill for Disposal. WM acknowledges and confirms. (3) Proposers shall confirm their intention to utilize the Material Recovery Facility in accordance with Section 8.2.3(3). WM acknowledges and confirms. (4) Proposers shall confirm their intention to utilize a Composting Facility in accordance with Section 8.2.3(4). WM acknowledges and confirms. (5) Proposers shall provide the following information for any alternative Facility(ies) that could be designated for use in accordance with Section 8.2.4(1): a. Name, location, and description of the alternative Facillty(ies). b. Type of material that would be disposed and/or processed at each location. c. Name of owner and operator of the alternative Facility(ies), identifying whether the company that owns and/or operates the facility is the same as the Proposer, a related -party entity, or subcontractor. Alternative Facilities WM owns and operates the following potential alternate facilities. Only approved materials would be accepted at these facilities, as per the contract. Arlington Material Recovery Facility: 1923 Meridian St., Arlington, TX 76011 Westside Transfer Station: 2220 West Freeway, Fort Worth, TX 76008 Skyline Landfill: 1201 North Central Ave., Ferris, TX 75125 d. Alternative approaches to adjusting pricing for any alternative Facilities designated by the City from the approach detaW in Secdon 8.2.4. WM will not provide adjusted pricing for these alternative facilities. Exhibit F Page 26 of 99 City of Fort Worth I ORTWORTH. RFP# 23-0003 - Drop -Off Station and Special Event Collection 10.7.2. Vehicles and Equipment Proposer shall meet the collection vehicle and equipment requirements as set forth in Section 8.2.6 of this RFP. Proposer shag provide a description of all vehicles to be used to provide any and all components of Service under any Contract(s) developed as a result of this RFP. Descriptions shall include: (1) Make, model, age and fuel type of each proposed vehicle, including descriptions of all proposed onboard equipment and systems categorized by component of Service. Photos of each type of vehicle and on -board technology should be Oduded. State -of -the -Art Vehicles with Industry -Leading Technology With more than 32,000 collection and support vehicles on the road throughout North America, WM trucks are a familiar sight and one of the most visible symbols of our company. Our state- of-the-art fleet - navigating your City - assures Fort Worth is provided safe, quiet, efficient, and environmentally friendly collections. All of our vehicles are fully enclosed and designed to be leak -proof with self-contained mechanisms to compress the material collected. The vehicles are painted in a uniform color and are easily identifiable as they adhere to speck branding guidelines. Vehicles are marked with unique unit identification numbers on both sides and the rear. We maintain detailed records of each collection vehicle and all vehicles are meticulously maintained for a clean and orderly appearance, as well as good working condition. Proposed Collection Vehicles for Fort Worth TYPE OF VEHICLE: ROLL OFF Peterbiit 567 Conventional Cab VWA " �.;; 1,:11 .. Driver's Side (Roadside) Front MATERIALS COLLECTED CREW SIZE Services 10- to 40-yard roll off containers 1 driver per truck TYPE OF FUEL SERVICE PROCEDURES Cleaner, Quieter Compressed Natural Gas Services roll off dumpsters using hydraulic lift and a cable with hook attachment. Can be AGE OF VEHICLES controlled by driver inside or outside of the cab. New to 5 years old rran.d o.100 Exhiluf Y a ncycVbY p.p.r Page 27 of 99 City of Fort Worth RFP# 23-0003 - Drop -Off Station and Special Event Collection Industry -Leading Onboard Technology for Fort Worth You do not have to look hard to find innovation in the automobile industry. Auto advancements in the past 30 years are countless - antilock brakes, airbags, back up cameras, blind spot detection, GPS navigation, just to name a few. Although the appearance of your car may change based on current trends, each technology innovation has a clear purpose and function. Just as your personal vehicle has progressed, so have WM vehicles. Our fleet's technology needs are specific to the services we perform, requiring us to custom develop and implement advancements based on what matters W I ORT WoRTN. r A& W �11 most to WM - our partners and customers and our ability . = to deliver safe and efficient collection services with outstanding customer service. The Power of Our People and Technology State-of-the-art trucks alone are not enough to meet expectations. Through our comprehensive operations framework, Service Delivery Optimization (SDO), we harmonize the technology used onboard our trucks with our logistics management processes, and the skills of our drivers. With technology, processes and people working in sync, we are able to maximize safety, customer service, and efficiency while collecting Fort Worth routes. ONBOARD TECHNOLOGIES F - MANAGEMENT DRIVER SKILL PROCESSES Onboard Computing System Provides Real -Time Driver Feedback Our fleet of trucks for Fort Worth is equipped with our onboard computing system (OCS), which enhances communication between our operations and customer service teams. OCS replaced paper route books with electronic route sheets that are updated in real time. Collection drivers see all stops and service tickets on their touch screens, which can be updated remotely and in actual time by our route managers and dispatchers. Drivers use their OCS to log completion of each service performed. OCS is also a key tool for noting and communicating route exceptions such as blocked containers, extras, and contamination. Each exception has a designated code. Drivers log the appropriate code at the time of collection and have the option to add supplementary notes. If Prinud on 100% Exhi6`i1 v a mcycl.W. wpr Page 28 of 99 City of Fort Worth I ORTWORTH. RFP# 23-0003 - Drop -Off Station and Special Event Collection OCS becomes unavailable, our drivers use a traditional paper route sheet to perform scheduled collections and manually enter routing exceptions. The primary benefits of OCS are: Service exceptions: When a driver encounters a condition that prevents providing service or requires a service beyond emptying a container, such as removing extras and noting contamination, he or she touches the "service exception" button. Drivers can touch the exception button on the customer order list or from the customer order detail screen, which triggers an "exception" pick list on the display. Drivers touch the role containing the appropriate service exception. Proactive Customer Communication: Drivers document any issues associated with attempting to service the customer account, including carts not being out, blocked access or ancillary pickups. This allows us to proactively address issues with our customers and prevent inconveniences, such as a missed collection. Our OCS is complemented by the following industry -leading software and technology for real- time routing and dispatch communication: eRouteLogistics® Mapping and routing software system used to develop and modify routes Plan Versus Software that plots Actual (PvA) planned route versus Technology actual route status Onboard In -office software Computer connecting dispatch and System Dispatch route management to (OCSD) driver OCS prw" o 100% Exhlb'KV i ncye`br P.P.f ✓ Takes into account traffic patterns in the community, vehicle capacity, location of disposal sites, and travel times to create the most efficient routes possible to provide the best value to the customer ✓ Fully integrated with our billing and customer database, Mid -America Systems (MAS), to capture new customers and service changes ✓ Identifies routes that may be running behind typical schedule that customers are accustomed to, enabling WM to proactively redistribute routes to prevent missed or late pickups ✓ Route modifications are made in real- time and instantly appear on drivers' tablets so that any potential for service disruption is eliminated ✓ Enables dispatch and managers to electronically assign service tickets and communicate with drivers for immediate customer issue resolution (e.g., blocked container, late set out, etc.) 9 Page 29 of 99 City of Fort Worth RFP# 23-0003 - Drop -Off Station and Special Event Collection DriveCam*: Intelligent Dashcam Technology for Safer Collection DriveCam®, one of the safety innovations onboard our trucks, goes beyond traditional dashcams by pairing machine vision with artificial intelligence to identify risks as they occur on the road and respond to the driver with real-time coaching. DriveCam is mounted on the windshield of the interior cab with cab -facing and road -facing cameras. When an unsafe condition is detected, such as critical following distance, lane departure, or imminent collision, the device visually and audibly alerts our drivers, providing an opportunity for self -correction. w I FOR` T, Additionally, if an event is detected, video data is sent to WM route managers for follow-up performance coaching with the Extra Eyes on Your Roads driver. Recorded events also help us appreciate the many WM drivers can manually trigger times that our drivers avoid collisions through using proper recording of video on the DriveCam defensive driving techniques. We believe our investment in in the event they witness an DriveCam has contributed to reducing our reported vehicle emergency situation or suspicious accidents by almost 80% since 2005. Back Up Cameras on All Vehicles All Fort Worth vehicles include back up cameras that provide a view of the area behind the truck whenever the truck is in reverse. This reduces the potential for backing accidents and enhances pedestrian safety. On CNG-powered trucks, methane detectors provide immediate visual and audible alarm for potential leaks from fuel tanks or lines. After five minutes, engines turn off to reduce fuel consumption and exhaust emissions. Provides fog and frost -free view of both sides of the truck. Mirrors are adjustable electronically from the driver's seat to provide an unrestricted view of the sides and rear on the truck. Angled convex mirrors allow the driver an unrestricted view of the area in front of the truck. Especially valuable when children and/or adult pedestrians are present. Pri"d - 100% ExhiE v & rac'"`b` paper Page 30 of 99 City of Fort Worth I ORTW4RTH. RFP# 23-0003 - Drop -Off Station and Special Event C ."(J it in Leading Safety with Onboard TechnologyAdvancements I Trapezoidal Floodlights located halfway down the side of the body come on Side Lights automatically when the truck is in reverse. Bright flood lighting illuminates both sides of the truck and roadway providing added safety. Enhances rear of truck visibility for approaching motorists. Improves safety for helpers while working at the rear of service trucks. Provides added comfort and excellent ergonomics for the driver. Includes eight -way adjustability including lumbar support to help reduce driver fatigue and improve overall performance. Highly reflective rear of vehicle striping and signage to provide exceptional visibility when approaching trucks from the rear during nighttime hours. Provide the best stopping distance for heavy trucks in the industry. Exceeds all applicable Federal Motor Vehicle Safety Administration requirements. Retarders are silent and provide additional braking capacity. Eight -inch - wide rear brake lining also increases braking capacity and improves vehicle safety. Part of WM's standard truck body specification, doubling the safety margin against high-pressure hydraulic leakage. (2) Number of front line and spare vehicles to be used to perform Service, categorized by component of Service. WM retains a spare ratio of trucks at our Fort Worth Hauling District and we have the flexibility to draw in more vehiles if they are needed. This means we can always respond to your needs even during unforeseen circumstances such as a large-scale disaster response. With an outstanding roster of collection drivers, fleet technicians dedicated to preventive maintenance of our collection trucks, and managers who optimize service delivery, we are confident Fort Worth will continue to have the people and trucks needed for safe, reliable collections. Prirrtod on 100% 11 Exhi6i�'� a my -MI. popor Page 31 of 99 City of Fort Worth W .AI ORTWORT . RFP# 23-0003 - Drop -Off Station and Special Event Collection (3) Any vehicles or equipment utilizing natural gas or Alternative Fuel engines categorized by component of Service. WM is Driving Toward a Zero Emissions Fleet At WM, we have a long history of reducing our GHG emissions footprint and helping our customers reduce theirs. The services we provide decrease and avoid three times more GHG emissions than we generate in our operations, and we aim to reduce and avoid four times the GHG emissions we generate through our operations by 2038. Within this overarching climate goal of reducing our GHG emissions, WM aims to achieve a fleet made up of 70% alternative fuel vehicles, of which 50% are fueled with renewable natural gas (RNG), by 2025. Alternative fuel vehicles, utilizing RNG or WM operates the largest heavy-duty natural gas truck fleet of its kind in North America. 57% of our 18,927 collection vehicles run on clean natural gas. Since 2010, WM has compressed natural gas (CNG) as fuel over reduced fleet emissions by 38%. diesel, produce fewer undesirable gases than fossil fuels, resulting in improved air quality emissions. Our natural gas trucks emit reduce NOx emissions by as much as 97%, diesel particulate matter by as much as 94%, and carbon dioxide equivalent emissions by as much as 80%. Cleaner and quieter collections: WM is proud to service Fort Worth with vehicles that run on compressed natural gas (CNG). In another effort to improve air quality, the engines automatically turn off after five minutes of idling to further reduce emissions and conserve fuel. Natural gas engines run much quieter than diesel trucks — many customers have commented that they cannot even hear the trucks coming down the street. (4) Any future equipment to be acquired and a timeline for acquisition of new equipment categorized by component of Service. WM has the ability to obtain necessary equipment to service this contract and will be ready to implement service upon the contract start date. (5) Number of personnel needed to conduct each component of Service. WM's collection process includes one driver per roll -off truck. r,k"d -100% 12 Exhi y&,.cy J b6 WWr Page 32 of 99 City of Fort Worth I ORTWORT . RFP# 23-0003 - Drop -Off Station and Special Event Collection (6) Proposed maintenance program for all vehicles and equipment used to perform Services, including a proposed frequency of cleaning vehicles categorized by component of Service. Preventive Maintenance to Keep Vehicles and Equipment Safe WM has a comprehensive Preventive Maintenance Program for vehicles and equipment. Disciplined adherence to the program and associated tasks help us reduce breakdowns within our fleet and provide Fort Worth with safe and efficient services. Our program establishes a systematic procedure to minimize all vehicle and equipment failures by monitoring the current conditions and correcting defects before they develop into safety concerns or costly repairs. Investing in Our Fleet Each year, WM invests roughly $600 million in vehicle and equipment maintenance. These investments in our fleet safety, driver training, and onboard equipment have resulted in a 57 percent reduction in vehicle accidents since 2007. Our maintenance team performs regular quality control audits and self -inspections for compliance of our maintenance programs, enabling us to identify areas of improvement and correct deficiencies. Our Preventive Maintenance Program complies with all applicable state and federal requirements, and includes: Preventive Maintenance Intervals: These intervals are based on vehicle or equipment utilization by hours and/or days. Intervals are increased in the frequency in areas where severe operating conditions exist, such as extreme temperatures, poor road conditions, etc. Daily Driver Inspections: Before and after each shift, drivers are required to conduct a standardized safety and maintenance check of vehicles and report on any items that may need service. Any defects found during inspections are noted on the inspection form and transferred to a work order for a scheduled repair. Safety -related defects result in the vehicle being removed from service until repairs are completed. Fluid Sampling and Filter Changes: Our program requires scheduled fluid sampling and filter changes at specified intervals. Leak Prevention: After operating for 200 hours, each of our collection vehicles undergoes a spill and leak prevention assessment. Mechanics inspect and replace worn hoses - prior to the manufacturer's recommendation. Drivers check their vehicles daily for leaks, including during pre -trip and post -trip inspections. In -Field Repair Response: If a driver experiences an issue while on a route, he/she calls into dispatch immediately to report the problem. Our in-house maintenance shop will dispatch a mechanic out to the driver immediately to make the necessary repairs. If repairs cannot be completed in field, a backup collection vehicle will be deployed. Primalw 100% 1 i Exhlbar.nci.bi. P.P.r Page 33 of 99 City of Fort Worth I ORTWORTH. RFP# 23-0003 - Drop -Off Station and Special Event Collection Customers depend upon us to pick up and safely recycle or dispose of their wastes; but they often fail to notice our workers performing these essential tasks. Although vehicle and equipment maintenance may seem like common sense, it is an expensive and labor-intensive task that many companies delay, discount, or even eliminate — but it is imperative to the safety of our employees and customers that these preventive measures are completed. Environmentally Sound Maintenance Procedures WM's Preventive Maintenance Program is consistent with the standards and procedures recommended by the Technical Maintenance Council (TMC) of the American Trucking Association and encompasses the mandatory Department of Transportation (DOT) inspection criteria set forth in Section 396 of the Federal Motor Carrier Safety Regulations (FMCSR). WM has implemented several environmental procedures for fleet maintenance, including: • Use of synthetic or semi -synthetic fluids that allow extended oil drain intervals in engine transmissions, differentials and hydraulic systems and reduces the amount of virgin petroleum stock required • Collection and recycling of all fluids collected from vehicle maintenance by licensed recyclers Used oil filters are drained and scrapped, per regulations • All filters placed in drain basins to prevent environmental pollutants from entering streams Maintenance in the Field If a collection vehicle has a problem in the field, WM immediately dispatches a maintenance vehicle equipped with the tools and supplies necessary to make on -the -spot repairs. Pickup trucks are also available to deliver additional supplies and spare parts as needed. If repairs cannot be completed in field, a backup collection vehicle will be deployed. Response, replacement, and repair time for vehicles on route is typically less than one hour. Skilled, Trained Technicians WM expanded its Fort Myers, Fla. Driver Training Center in 2017 to include a Fleet Technician Training Center, and opened a second Technician Training Center in Glendale, Ariz. in June 2019. Through these leaming facilities, technicians new to WM — regardless of past experience — take part in a two -week immersion training experience to learn our fleet maintenance processes and programs. The two -week course provides on-the-job training that is invaluable to preparing skilled technicians for Day One success as well as giving them a foundation of knowledge to build upon in their WM careers. Nrftd — l00% 14 Exhib`ffY & ncyd b6 pp.r Page 34 of 99 City of Fort Worth I ORTWORT . RFP# 23-00n3 - Dfop-r _tion Maximizing Prevention, Minimizing Failures WM makes every effort to provide uninterrupted service to our customers, but breakdowns and issues do occur. Fort Worthcan be confident that WM has the necessary systems and measures in place to minimize the effects of vehicle and equipment failures. From our tried -and -tested maintenance manual, to our regular quality control audits and self - inspections, to our swift response and repair time, we make the investments required to meet your expectations of the industry's leading service provider throughout the contract term. (7) Proposed location for vehicle storage, repair, maintenance and fueling for each component of Service. All WM vehicles are stored and receive repairs, maintenance, and fuel at our Forth Worth Hauling District facility, 5012 Martin Luther King Jr. Freeway, Fort Worth, TX 76119. (8) Approach to providing Solid Waste Container exchanges or rentals, if applicable. Not applicable. (9) How charges would be assessed for any deliveries requiring re-routing or the use of detours at the City's request. Pricing for these circumstances will be determined on a per -hour basis. WM looks forward to working with the City to determine specifics during contract negotiations. 10.7.3. Personnel Proposer shall meet the personnel standards as set forth in Section 8.1.11 of this RFP. Proposer shall describe the following: (1) Number of front line and spare staff to be used to perform Service, categorized by component of Service. WM's collection process includes one driver per roll -off truck. Spare staff is always available should a substitute driver be needed. (2) Policies and procedures that are in place to ensure that personnel performing services are qualified and proficient categorized by component of Service. (3) Any training programs for personnel for each con*xxient of Service. Building a Better Workforce: Employee Training and Development When you choose to partner with WM, our employees become part of your community. Our drivers service your homes and businesses each week. Our customer experience team welcomes new customers each day, and, our sustainability experts work hand -in -hand with customers to help them recycle right. Needless to say, our people are the foundation of our success. PriM.d o 100% 15 Exhibit'`f-°imrya.w.p.p.r Page 35 of99 City of Fort Worth RFP# 23-0003 - Dr(p-Off Station and " Even't Providing Fort Worth with service that truly exceeds expectations requires that all WM employees have the ability to reach their full potential. This is why our employees participate in an expansive array of learning and development opportunities. We take a "learner -centric" approach to provide employees with a mix of options for continual learning in areas like professional development, sales, leadership, and technical, and compliance training. Our learning and development programs are interactive, incorporating coaching, feedback, and annual performance reviews on a consistent basis. W I rORH All employees participate in annual training that includes job -specific programs as well as a variety of general professional development trainings. Training programs are easily accessible and are delivered by instructors face-to-face, through in -class videos, and virtually through mobile and online communications. Training types fall into a few categories: • Compliance training: Required of all employees, such as training on WM's Code of Conduct and Cybersecurity • Professional development and leadership training: Often customized and conducted voluntarily as part of an individual's development plan Tailored new hire training: Including collection and fleet operations, post -collection operations, and sales • Safety training: Conducted upon hire and on an ongoing basis, especially geared toward drivers, fleet technicians, heavy equipment operators, and sorters • Environmental excellence and compliance training: Required of employees in specific roles Investing in Our Employees' Tomorrow WM recognizes the value of learning that occurs beyond our company. In 2021, we announced a new education benefit, Your TomorrowTm. Your Tomorrow7m was created in partnership with Guild Education to pay 100% of benefits -eligible employees' and dependents' tuition for 135+ business, technology, science and mathematics bachelor's degrees and masters programs. WM is the first company to extend this type of benefit to family members - a clear example of our commitment to putting People First. In addition to training, we manage performance through regular check -ins, coaching, and feedback, goal -setting and annual performance reviews. Annual evaluations set accountability expectations for employees with the understanding that progress is monitored throughout the year. Talent reviews and succession planning are designed to recognize and reward high - performing and hand -working employees. Prirftyd�on 100% 16 Exh16N F' & ncych" paper Page 36 of 99 City of Fort Worth I ORTWORT . RFP# 23-0003 - Drop -!cif Station and -r = Event Collection How We Help Employees Learn Our objective is to create a continuous learning culture that drives performance and supports a superior customer experience. With a vast and decentralized workforce, we take a "learner - centric" approach that allows employees to learn in the ways that are most effective and convenient for them. Our training is delivered in several modalities, including in -person at one of our two training facilities, virtual instructor -led training, online training, self -study and video modules. All required training is produced in English, Spanish and French. Our WM Talent Central platform contains approximately 3,600 learning modules available to all employees. The content covers all aspects of the company's operations, along with key topics that support career advancement. This learning library is always growing. In 2020, the Learning & Development team produced 530 individual deliverables through 91 initiatives, including a combination of web -based and instructor -led training, eLearning modules, videos, instructional guides and job aids. WM also partners with two third -party content providers who offer additional courses that are continually updated. As we transitioned from the office to remote work, then gradually returned to the office over the past year, we provided training to help employees manage change. Driver and Technician Training At WM, we strive to create training programs that simulate real world experience as closely as possible so our employees are prepared for success on day one. As a key component of our Mission to Zero (M2Z) safety program, WM's Training Centers in Fort Myers, FL and Glendale, AZ seek to standardize driver and technician training and help reduce new -hire turnover, as well as the number of vehicle accidents. At our Training Centers, skilled driver and technician instructors lead new hires through an intensive two -week training program that includes: classroom work, interactive computer lab teaming, hands-on leaming stations, actual and simulated driving, and one-on-one coaching. Trainees spend their first week in the classroom leaming and by Week 2 transition into simulated driving courses and stations. Week 2 provides scenarios that are reflective of day -today collection conditions and obstacles — from severe weather to traffic to responding to other drivers' behavior. At the end of the two -week training period, drivers receive a comprehensive evaluation of performance. Pti"nd o" 100% 17 Exhib` V 6 MCV.1&b6 P.P., Page 37 of 99 City of Fort Worth ■�/ A I ORT�VORT . RFP# 23-0003 - Drop -Off Station and Special Event Collection �/� The skills and behaviors learned at our Training Centers are key to continually improving our safety performance, including our Total Recordable Injury Rate and Vehicle Accident Recordable Rate. Since 2012, more than 10,000 drivers and technicians have attended training at a WM training center. Additionally, WM drivers are now certified in our SAFETY Defensive Driving system, an advanced training program that teaches the critical skills of safe driving. The principles learned through SAFETY are revisited monthly through an ongoing video series focused on drivers' daily operating environments. Topics include managing intersections, pedestrians, bicyclists, rollover prevention, Training Center Expansion WM opened its second driver and technician Training Center in Glendale, AZ in June 2019. The 13-acre property includes a 30,000 SF maintenance shop and a 10-acre driver training course in addition to classrooms, computer labs, and a driver launch area to simulate driver experience at hauling facilities. The center accommodates up to 130 students at a time for a two -week training following distance, and braking. These awareness videos work in conjunction with ongoing safety discussions, observations, and coaching. (4) Dress code that is required for personnel for each component of Service. New Employee Uniforms Reflect Our Commitment to Safety and the Environment WM is always working for a sustainable tomorrow, and that commitment is now reflected in the new uniform design for our frontline employees. Our drivers, operators, and technicians will wear safety shirts manufactured with material from recycled plastic bottles — 24 bottles help create each shirt — making WM the first in our industry to use recycled materials in employee uniforms. The reflective shirts will ensure our personnel are easily identifiable in your City while performing services. In addition to the shirt, standard employee uniforms include a jacket, pants, proper footwear, and necessary personal protection equipment, such as a mask, eye protection, and gloves. 11 Prht4d —100% 18 Exhi%WY ' --``h` P•P•r Page 38 of 99 City of Fort Worth I ORTWORT . RFP# 23-0003 - Drop -Off Station and Special Event Collection (5) Procedure for Firing personnel to ensure continuity of service, particularly during labor shortages. Talent Engagement and Retention WM is a company committed to People First, knowing that the daily contributions of our 48,300 employees are what enable us to play a vital role in the communities we serve. The success of WM depends upon the success of each employee, and we strive to give them the tools they need to develop and excel in their careers. Employee turnover continues to be a concern in the environmental services industry due to high demand in a strong economy for skilled workers - especially truck drivers, route managers, and maintenance technicians. According to a recent study by the American Trucking Association, the need for drivers could surpass 160,000 in 2030. We also compete against other industries for certain talent, such as the oil and gas industry for engineers in our renewable energy facilities. By promoting from within and offering a wide variety of training opportunities, WM helps employees maximize their effectiveness and grow in their careers. WM is committed to providing a living wage to all employees, which is defined as the minimum pay received for the basic number of working hours to ensure coverage of workers' and their families' basic needs. During the pandemic, we also guaranteed all full-time hourly employees' pay for a 40-hour work week, regardless of COVID-19-related service decreases. WM is committed to fair treatment of all employees. With approximately 8,500 union employees in the U.S. and Canada — 20% of our workforce - this commitment is met according to the practices and expectations agreed to within the collective bargaining unit. For non -union employees, we look for ways to reinforce our fair treatment and continuous learning culture. Being an employer of choice is critical to our efforts to reverse the voluntary turnover trend while motivating us to sharpen our focus on our values and commitments that help us retain and empower good employees. By promoting from within and offering a wide variety of training opportunities, WM can help employees maximize their effectiveness and grow in their careers. WM recently launched a pilot program to assist graduating high school seniors and recent graduates with earning a commercial driver's license (CDL). WM will pay the tuition costs and provides hourly wages to participants. With no upfront costs, this program creates a clear pathway for participants to enter the WM workforce in a few steps: Obtain a CDL: WM partners with CDL schools to cover tuition costs and pay participants an hourly wage. Complete new driver training: Take a one -week, classroom -based training to learn WM's safety/operational practices. Learn from others: Complete a one -week, hands-on practical driving skills training course with experienced trainers in Arizona. Begin on-the-job training: Continue training at the WM site to further develop skills to operate trucks safely. Develop career skills: Participate in the WM At the heart of our engagement and retention strategy is a steadfast commitment to WM's core commitments of People First and Success with Integrity. We commit to People First by taking care of each other, our customers, our communities, and our environment. We commit to Success with Integrity by being accountable, honest, trustworthy, ethical, and compliant in all we do. Printed on 100% Exhi6V `'" lee` paper Page 39 of 99 City of Fort Worth W RFP# 23-0003 - Drop -Off Station and Special Event Collection Putting Our People First with Comprehensive Employee Benefits We continue to strengthen WM as a workplace of choice through competitive pay, work environment, opportunities for growth, and benefits. Each eligible employee receives a comprehensive benefits package that includes healthcare, family care, and financial and educational benefits. ✓ Comprehensive health care coverage ✓ Prescription drug plan ✓ DentaUvision plans ✓ Salary continuance (short and long-term disability) ✓ Employee and family assistance program ✓ Retiree medical coverage ✓ 100% tuition and tuition -related fees paid for employees and their immediate families - see below for more information ✓ Free online training programs Investing in Our Employees' Tomorrow ✓ Life and accidental death and dismemberment insurance ✓ Business travel accident insurance ✓ 401(k) plan with generous company match ✓ Employee stock purchase plan ✓ Legal services ✓ Employee discount programs ✓ Flexible spending accounts ✓ Adoption assistance program ✓ Education savings accounts ✓ WM scholarship programs ✓ Paid vacation and holidays, and sick leave ORT WORT . WM recognizes the value of learning that occurs beyond our company. In 2021, we announced a new education benefit, Your TomorrowTM. Your TomorrowTM was created in partnership with Guild Education to pay 100% of benefits -eligible employees' and dependents' tuition for 135+ business, technology, science and mathematics bachelor's degrees and master's programs. WM is the first company to extend this type of benefit to family members - a clear example of our commitment to putting People First. Engagement through Communication Communication between company leaders and employees at all levels fosters honesty, accountability, and respect, all of which are critical to employee retention. Each quarter, senior leaders host a town hall -style meeting that covers a variety of topics, available to all employees via live -streaming technologies. Employees unable to attend can submit questions by email and view a replay on our intranet and our employee mobile app, WM Now. WM Now is a one -stop shop for all things WM, making critical information available for field employees who may not have access to a desktop computer at work. This includes COVID-19 safety updates; access to employee benefits and our employee handbook; episodes of "The Route," our internal podcast; employee engagement efforts; and stories from across the Exhiff'r `'." "ibis paper Page 40 of 99 City of Fort Worth W I FOR�TWOR�. RFP# 23-0003 - Drop -Off Station and Special Event Collection company. We were pleased to achieve our goal of 80% adoption of the app within 10 months. Analytics tell us which features employees find most useful, and we use those insights, as well as qualitative feedback, to further refine the WM Now experience. Communication is a two-way street, so we solicit feedback from employees on how we can improve. Constant and collaborative engagement is the foundation of our Service Delivery Optimization program, our Mechanic Service Delivery Optimization, our Peer Review safety program, our Sales Delivery Optimization program, and the fair treatment and respect that comes from the adherence to our Code of Conduct. WM has a strong corporate culture focused on deep commitments to environmental sustainability, ethics, and the customers we serve. We believe our employees are our greatest assets, and if we take care of them, they will take care of our customers, our communities, our shareholders, our environment, and each other. A New Pipeline of Talent Our new Innovative Employment Pathways (IEP) program is creating a new pipeline of talent for our business while changing lives for the better. IEP is a recruitment program that provides second -chance employment opportunities to overlooked and underserved community populations, including those who have experienced homelessness, displacement, incarceration, and significant employment gaps. The program begins with core training for all participants and a survey to determine what skills individuals already bring and what additional training they might need. If they choose to enroll in IEP, individuals spend 90 days working as helpers, sorters, and laborers at WM material recovery facilities. During this period, they can learn more about possible career paths as drivers, technicians, and customer service representatives. After the 90-day period, IEP participants may have the opportunity to transition from temporary to permanent positions at WM. Since the program's launch, we have seen 50% higher short-term retention of IEP participants compared to nonparticipants. We plan to continue the program rollout at WM sites across North America, with the goal of activation at 80% of our facilities and 1,000 participants obtaining work experience by 2025. IEP illustrates WM's commitment to People First, creating a culture of acceptance that helps people amplify their potential. Pdtftd. loot. 21 ExhP6` y&nryc.b6,.,.r Page 41 of 99 City of Fort Worth w d FOR` TwWORTH. RFP# 23-0003 - Drop -Off Station and Special Event Collection 10.7.4. Pedestrian Area Containers If included in the RFP Submission and indicated on Form 1, the Proposer shall explain their approach and anticipated frequency of servicing Pedestrian Area Containers in the City in a accordance with Section 8.2.5(1). There are currently three (3) main areas where street cans are located. The Stockyards, Downtown Fort Worth, and along Eastand West Lancaster Street. Additional Pedestrian Area Containers may be added to other areas including the Neighborhood Improvement Program neighborhoods along Horne Street and Las Vegas Trail. The City reserves the right to develop Drop -Off Stations or add Pedestrian Area Containers in the future, and any future additional Drop -Off Stations or Pedestrian Area Containers shall be serviced by the Contractor(s). See Exhibit C for a map of existing Pedestrian Area Containers. Not applicable. WM is already providing this service to the City of Fort Worth under a separate contract. Printed on 100% 22 Exhib-If V sMV`lab" Paper Page 42 of 99 SECTION 8 KEY PERSONNEL (FOR.T WORT . Introducing Your Fort Worth Team Through our long-standing relationship with the City of Fort Worth as well as research, our conversations, and this RFP process, we have gathered a good understanding of Fort Worth's processing goals and service expectations. Your Fort Worth Team brings a diversity of backgrounds, skillsets, and job responsibilities. However, we all connect back to a common denominator - you, our customer. Collaborating to constantly serve you better, our team is dedicated to safe, dependable operations grounded in the industry's highest processing standards, and a commitment to follow-through. Rick manages a Public Sector team that promotes and develops solid waste service solutions for city and county jurisdictions throughout WM's TexOma Market Area. Qualifications/Key Rick has more than 34 years of experience in the solid waste industry. Experience , He joined WM in 2001 as Director of Disposal Operations before becoming Director of Public Sector Solutions in April 2012. He is a graduate of Texas State University. Time Committed to I The WM team will have a total focus on this contract and partnership Project I with the City of Fort Worth. Relationship with City WM has had a presence in the City of Fort Worth for more than 35 years, including the last 20 years as your collection services provider. This partnership has cultivated many relationships between your _- community, City staff, and WM personnel over nearly four decades. Reference TJ Gilmore, Mayor of the City Lewisville, TX (214) 649-6076 P,irfta.100% x111N EI 'y" P.P., 23 Page 44 of 99 City of Fort Worth ■w■ I ORTwORTH. RFP# 23-0003 - Drop -Off Station and Special Event Collection Houston Chambliss is the Senior District Manager of our Fort Worth Hauling District. Houston is responsible for the day-to-day operations of the District. He leads and manages a team of over 150 proud and j dedicated front line employees, and over 140 trucks, of which j approximately 120 leave the site to service our cherished residential, V commercial, and industrial customers each day throughout the Fort Worth area. He is a graduate of the University of Arkansas. Qualifications/Key Houston has 33 years of experience in the waste industry in various Experience roles. Time Committed to The WM team will have a total focus on this contract and partnership Project with the City of Fort Worth. Relationship with City WM has had a presence in the City of Fort Worth for more than 35 years, including the last 20 years as your collection services provider. This partnership has cultivated many relationships between your community, City staff, and WM personnel over nearly four decades. Reference TJ Gilmore, Mayor of the City Lewisville, TX (214) 649-6076 PriM.don 100% 24 Exhi6 i mcydnb4 pp., Page 45 of 99 City of Fort Worth. ( ORTWORTH. RFP# 23-0003 - Drop -Off Station and Special Event Collection Raymond Wagner is responsible for the entire fleet at Fort Worth Hauling District. He maintains and applies all Department of Transportation regulations and laws to ensure our fleet is 100% safe at all times. Qualifications/Key Raymond has over 25 years of experience in fleet maintenance, of Experience which eight years are with WM. Prior to joining WM, Raymond was in the US military, from which he retired. Time Committed to The WM team will have a total focus on this contract and partnership Project with the City of Fort Worth. Relationship with City WM has had a presence in the City of Fort Worth for more than 35 years, including the last 20 years as your collection services provider. This partnership has cultivated many relationships between your community, City staff, and WM personnel over nearly four decades. Reference TJ Gilmore, Mayor of the City Lewisville, TX (214) 649-6076 Beverley Hamilton and her staff have direct responsibility for all aspects of customer service for our municipal contracts in the Fort Worth area. They receive and process calls from customers, serve as the end -to -end point of contact inquiries, and resolve customer concerns. Qualifications/Key Before joining WM, Beverley worked for Monitronics in Farmers Branch, Experience TX, as the Senior Manager of Training and Quality Assurance. She also worked at Chase for 10 years as a Senior Customer Service Manager. Beverly received her B.B.A. in Economics and General Business at McMurry University in Abilene, TX. Time Committed to The WM team will have a total focus on this contract and partnership Project with the City of Fort Worth. Relationship with City WM has had a presence in the City of Fort Worth for more than 35 years, including the last 20 years as your collection services provider. a.h*a..100% 25 ExhlbV & "ry``b` pop., Page 46 of 99 City of Fort Worth RFP# 23-0003 - Drop -Off Station and Special Event Collection This partnership has cultivated many relationships between your community, City staff, and WM personnel over nearly four decades. Reference TJ Gilmore, Mayor of the City Lewisville, TX (214) 649-6076 In her role as Senior Public Affairs for WM's TexOma Market Area, Greta is responsible for communications and education development and implementation of campaigns for recycling and other environmental topics. She works directly with communities, municipalities, and other organizations to increase recycling and decrease contamination while increasing diversion from landfills. Qualifications/Key ! Greta has over 35 years' experience in the environmental, recycling, and Experience waste management fields from starting out as a paper mill buyer in 1985 to designing recycling programs and educating the public. Over the years, she has consulted with many companies and cities to minimize their waste more effectively and promote a cleaner, more beautiful workplace and environment. Greta currently serves on the Board of Directors for Keep Texas Beautiful and the NCTCOG Resource Conservation Council. She has received recognition for her work in the environmental field from the STAR Council, Keep Texas Beautiful, Dallas Time Committed to Project Relationship with City Reference County Corporate Recycling Council, and others. The WM team will have a total focus on this contract and partnership with the City of Fort Worth. WM has had a presence in the City of Fort Worth for more than 35 years, including the last 20 years as your collection services provider. This partnership has cultivated many relationships between your community, City staff, and WM personnel over nearly four decades. TJ Gilmore, Mayor of the City Lewisville, TX (214) 649-6076 Prinwd m 100% 26 Bxh(bff '""``b` Page 47 of 99 City of Fort Worth RFP# 23-0003 - Drop -Off Station and Special Event Collection Organization Chart /ariM.d m 100% Ei�hlDlt y a r*WcJebb paper w I FoR_ Wow. Page 48 of 99 SECTION 9 CONTRACTOR'S REPRESENTATIVE Exhibit F Page 49 of 99 W I FORT WORD. Contractor's Representative For this contract, Public Sector Manager Stephen Kellar will serve as the City of Fort Worth's primary point of contact. Stephen is supported by additional account management _ personnel, including Area Director of Public Public Sector Manager -- Sector Solutions Rick Losa, and will work in Stephen Kellar tandem with our operations team to confirm Phone: (815) 454-7504 the City of Fort Worth's needs are met. Email: skellar@wm.com Communications Plan As your primary point of contact, Stephen Kellar will be in regular communication with the City of Fort Worth and your staff to ensure your needs are met and operations are running smoothly. Stephen will be in constant communication with the City and its staff on all aspects of operations. Stephen has 24 years of experience working with the City of Fort Worth, during which he has established close relationships with City of Fort Worth key personnel, including City Management, your elected officials, and City Staff. Stephen will work closely with all WM departments and key personnel to ensure a smooth transition. PriM.d an 100% 28 Exhibwlr' "`y`II P•P•r Page 50 of 99 SECTION 10 REQUIRED PLANNING DOCUMENTS W FoR� WoR�. TRANSITION PLAN(S) The goal of our implementation plan and process is to ease your transition worries by listening to your needs and using what our experience has taught us. We prepare for each of our implementations by assembling a fully staffed transition team that can navigate through and tackle all the details. Your transition team will have access to all the resources available through WM to smoothly execute your transition. We have introduced our services to many communities, and we have seen that a successful transition more often than not recognizes that: Your community needs a customized plan. We have learned that taking the time to ask questions, listen, and appreciate unique customer needs results in a smoother implementation. Together, we will anticipate and overcome hurdles before they become challenges. Relevant local experience is key. Our local team has expertise in new contract start- ups and relevant local experience with neighboring communities. • A smart approach includes proven processes and technologies. From operations to customer service, you will find tested processes and innovative new technologies that allow us to bring the City a level of service reliability and customer satisfaction that is truly unmatched. Contract Compliance and Reporting Our Contract Compliance team will play an integral role in implementing new services in the City. As part of our implementation team, they provide oversight so that transition and contract implementation are conducted in accordance with contract terms. Specifically, the Contract Compliance team will: • Develop a comprehensive compliance checklist that will be used during implementation • Establish ongoing data reporting protocols • Review, adjust, and audit rates per contract specifications • Conduct internal contract compliance audits Execution of Operational/Transition Plan Building from the more than 50 years of experience we have with service transitions, we customize our operational tasks and timeline to your specific needs. Whether we are providing all new containers and adding new services or if we are keeping most items status quo, we still review each operation and service requirement to validate we are 100 percent ready to roll by day one of the new contract. Implementation Meetings, Coordination and Course Correction WM's internal team will meet regularly throughout planning and implementation. At the onset, these meetings will include our regional team of experts. As the contract start date approaches, PrinGd on 100% , Exhlwv `Nry`"" P.P., Page 52 of 99 City of Fort Worth � I FOR�TWOR�. RFP# 23-0003 - Drop -Off Station and Special Event Collection the local district operations team will meet to review the most critical components of service delivery. Our team is committed to keeping the City informed of our implementation progress, and we will ask for your feedback as we customize our transition efforts to reflect the needs of your community. In addition to our internal meetings and meetings with staff, it is important for us to coordinate closely with your outgoing service provider. From our experience, the outgoing service provider has been cooperative and helpful during contract transitions, and we often make their exit easier and more efficient. Route Development WM will build the City's routes to accommodate new services and changes to collection frequencies while taking into account current routing to minimize changes. All WM routes are developed using our proprietary routing software, eRouteLogistics®, to minimize customer impact and maximize safety and efficiency. New routes will be street -tested and adjusted by our route managers prior to finalization. CONTINGENCY PLAN(S) WM maintains a strong position in its demonstrated history of previously processing the City's materials without delaying, turning away trucks, or failing to meet its obligations. Our longstanding supplier relationships, smart technologies, and our regional network of equipment and personnel make it possible to cant' on with collections should a delay or unexpected event occur during a new contract implementation. Key contingency plans address: Staffing: Additional route management staff will be brought in from surrounding districts to provide in -field support during our implementation period. Our staffing plan includes personnel to fill in for employees who are sick, on vacation, in training, or to provide extra help due to spikes in collection volume. Collection Vehicles: City collection vehicles will be delivered to our maintenance shop prior to deployment, so that they can be inspected and prepared for service. Each of our districts across the nation maintains a sufficient spare ratio, allowing us to draw from our existing fleet of backup collection vehicles if needed. Containers: We build in a buffer between when equipment begins to arrive and when we start customer deliveries. Our selected suppliers have multiple manufacturing locations, and our order can be reassigned to a backup facility should the primary production facility experience a delay. Prnn.d o 100% ExhIRV `"""" P•P•r Page 53 of 99 City of Fort Worth w I FORTH. RFP# 23-0003 - Drop -Off Station and Special Event Collection T RECORDKEEPING AND REPORTING PLAN(S) WM has a long relationship with the City and we will work with your staff to arrange desired record -keeping and reporting. As your incumbent provider for residential trash, recycling, brush, and bulk collection, your staff is already familiar with our processes, including reporting and billing, and we look forward to accommodating the City further. Printed on 100% Exhiwit V & `� yd.ble Pdp` Page 54 of 99 SECTION 11 FINANCIAL STATEMENT REPORT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM To the Board of Directors and Stockholders of Waste Management, Inc. Opinion on the Financial Statements We have audited the accompanying consolidated balance sheets of Waste Management, Inc. (the Company) as of December 31, 2020 and 2019, the related consolidated statements of operations, comprehensive income, cash flows, and changes in equity for each of the three years in the period ended December 31, 2020, and the related notes (collectively referred to as the "consolidated financial statements"). In our opinion, the consolidated financial statements present fairly, in all material respects, the financial position of the Company at December 31, 2020 and 2019, and the results of its operations and its cash flows for each of the three years in the period ended December 31, 2020, in conformity with U.S. generally accepted accounting principles. We also have audited, in accordance with the standards of the Public Company Accounting Oversight Board (United States) (PCAOB), the Company's internal control over financial reporting as of December 31, 2020, based on criteria established in Internal Control -Integrated Framework issued by the Committee of Sponsoring Organizations of the Treadway Commission (2013 framework), and our report dated February 22, 2021 expressed an unqualified opinion thereon. Adoption of ASU No. 2016-02 (Topic 842) As discussed in Note 2 to the consolidated financial statements, the Company changed its method of accounting for leases in the 2019 financial statements to reflect the accounting method change due to the adoption of ASU No. 2016-02, Leases (Topic 842), and the related amendments. Basis for Opinion These financial statements are the responsibility of the Company's management. Our responsibility is to express an opinion on the Company's financial statements based on our audits. We are a public accounting firm registered with the PCAOB and are required to be independent with respect to the Company in accordance with the U.S. federal securities laws and the applicable rules and regulations of the Securities and Exchange Commission and the PCAOB. We conducted our audits in accordance with the standards of the PCAOB. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement, whether due to error or fraud. Our audits included performing procedures to assess the risks of material misstatement of the financial statements, whether due to error or fraud, and performing procedures that respond to those risks. Such procedures included examining, on a test basis, evidence regarding the amounts and disclosures in the financial statements. Our audits also included evaluating the accounting principles used and significant estimates made by management, as well as evaluating the overall presentation of the financial statements. We believe that our audits provide a reasonable basis for our opinion. Critical Audit Matters The critical audit matters communicated below are matters arising from the current period audit of the financial statements that were communicated or required to be communicated to the audit committee and that: (1) relate to accounts or disclosures that are material to the financial statements and (2) involved our especially challenging, subjective or complex judgments. The communication of critical audit matters does not alter in any way our opinion on the consolidated financial statements, taken as a whole, and we are not, by communicating the critical audit matters below, providing separate opinions on the critical audit matters or on the accounts or disclosures to which they relate. 71 Exhibit F Page 56 of 99 Landfill Amortization Description of the At December 31, 2020, the Company's landfill assets, net of accumulated amortization, Matter totaled $7.2 billion and the associated amortization expense for 2020 was $568 million. As discussed in Note 3 of the financial statements, the Company updates the estimates used to calculate individual landfill amortization rates at least annually, or more often if significant facts change. Landfill amortization rates are used in the computation of landfill amortization expense. Auditing landfill amortization rates and related amortization expense is complex due to the highly judgmental nature of assumptions used in estimating the rates. Significant assumptions used in the calculation of the rates include: estimated future development costs associated with the construction and retirement of the landfill, estimated remaining permitted airspace and unpermitted expansion airspace, airspace utilization factors, projected annual tonnage intakes, and projected timing of retirement activities. How We Addressed We obtained an understanding, evaluated the design, and tested the operating effectiveness the Matter in Our of the Company's controls over determining landfill amortization rates and calculating Audit amortization expense. Our audit procedures included, among others, testing controls over: the Company's process for evaluating and updating the significant assumptions used in the development of the landfill amortization rates, management's review of those significant assumptions, and the mathematical accuracy of the calculation and recording of amortization expense. To test the landfill asset amortization rates, our audit procedures included, among others, assessing methodologies used by the Company and testing the significant assumptions discussed above, inclusive of the underlying data used by the Company in its development of these assumptions. We compared the significant assumptions used by management to historical trends and, when available, to comparable size landfills accepting a similar type of waste. Regarding unpermitted expansion airspace, we evaluated the Company's criteria for inclusion in remaining airspace. In addition, we considered the professional qualifications and objectivity of management's internal engineers responsible for developing the assumptions. We involved EY's engineering specialists to assist with the evaluation of the Company's landfill future development cost and airspace assumptions. We also tested the completeness and accuracy of the historical data utilized in the development of the landfill amortization rates. 72 Exhibit F Page 57 of 99 Landfill — Final Capping, Closure and Post -Closure Costs Description of the At December 31, 2020, the carrying value of the Company's landfill asset retirement Matter obligations related to final capping, closure and post -closure costs totaled $2.2 billion. As discussed in Note 3 of the financial statements, the Company updates the estimates used to measure the asset retirement obligations annually, or more often if significant facts change. Auditing the landfill asset retirement obligation is complex due to the highly judgmental nature of the assumptions used in the measurement process. These assumptions include: estimated future costs associated with the capping, closure and post closure activities at each specific landfill; airspace consumed to date in relation to total estimated permitted airspace; the projected annual tonnage intake; and the projected timing of retirement activities. How We Addressed We obtained an understanding, evaluated the design, and tested the operating effectiveness the Matter in Our of the Company's controls over the calculation of asset retirement obligations. Our audit Audit procedures included, among others, testing the Company's controls over the landfill asset retirement obligation estimation process and management's review of the significant assumptions used in the estimation of the liability, including the amount and timing of retirement costs. To test the landfill asset retirement obligation valuation, we performed audit procedures that included, among others, assessing methodologies used by the Company, testing the completeness of activities included in the estimate (e.g., gas monitoring and extraction), and testing the significant assumptions discussed above, inclusive of the underlying data used by the Company in its development of these assumptions. We compared the significant assumptions used by management to historical trends and, when available, to comparable size landfills accepting the same type of waste. In addition, we considered the professional qualifications and objectivity of management's internal engineers responsible for developing the assumptions. We involved EY and external engineering specialists to assist us with these procedures. Specifically, we utilized the EY engineering specialists to evaluate the reasons for significant changes in assumptions from the historical trend, and to determine whether the change from the historical trend was appropriate and identified timely. We utilized the external engineers to evaluate the estimates of remaining landfill airspace. We also tested the completeness and accuracy of the historical data utilized in preparing the estimate. 73 Exhibit F Page 58 of 99 Acquisition of Advanced Disposal Services, Inc. — Valuation of Customer Relationship and Landfill righ"ermits Description of the As described in Note 18 to the consolidated financial statements, during the year ended Matter December 31, 2020, the Company completed the acquisition of Advanced Disposal Services, Inc. ("Advance Disposal") for net consideration of 54.1 billion. The transaction was accounted for as a business combination. Auditing the Company's accounting for its acquisition of Advance Disposal was complex due to the significant estimation required by management in determining the fair value of the acquired customer relationships and landfill assets included within Other intangible assets and Property and equipment, respectively, in Note 18, both of which utilize prospective financial information. The Company valued the customer relationship asset using an income approach; specifically, the multi -period excess earnings model. The significant assumptions used to value customer relationships included, among others, the attrition rate, revenue growth rate, and discount rate. The Company valued the landfill assets using an income approach; specifically, a discounted cash flow model. The significant assumptions used to value landfill assets included, among others, the forecasted revenue and revenue growth (including forecasted waste volumes and rate per ton), discount rate, and forecasted capital expenditures. These assumptions are forward -looking and could be affected by future economic and market conditions. How We Addressed We obtained an understanding, evaluated the design, and tested the operating effectiveness the Matter in Our of the Company's controls over its accounting for the Advance Disposal acquisition. For Audit example, we tested controls over the valuation of customer relationships and landfill assets, including management's review of the valuation models, and underlying data and assumptions used to develop the estimated fair value of these assets. To test the estimated fair value of the customer relationship and landfill assets, we performed audit procedures that included, among others, evaluating the Company's selection of the valuation methodology, evaluating the significant assumptions used to determine the valuation calculations, and testing the completeness and accuracy of the underlying data supporting the significant assumptions. We involved our valuation specialists to assist with evaluating the methodology and significant assumptions used by the management to determine the fair value estimates. Additionally, we performed sensitivity analyses of the identified significant assumptions and compared them, as applicable, to current industry and market trends, the assumptions used by the Company to value similar assets in other acquisitions, as well as historical results, among other procedures. We have served as the Company's auditor since 2002. Houston, Texas February 22, 2021 /s/ ERNST & YOUNG LLP 74 Exhibit F Page 59 of 99 WASTE MANAGEMENT, INC. CONSOLIDATED BALANCE SHEETS (In Millions, Except Share and Par Value Amounts) December 31, 2020 2019 ASSETS Current assets: Cash and cash equivalents....................................................... $ 553 S 3,561 Accounts receivable, net of allowance for doubtful accounts of S33 and $28, respectively ... 2,097 1,949 Other receivables, net of allowance for doubtful accounts of $7 and $1, respectively ....... 527 370 Parts and supplies.............................................................. 124 106 Other assets................................................................... 239 223 Total current assets............................................................ 3,540 6,209 Property and equipment, net of accumulated depreciation and amortization of $20,095 and $18,657,respectively........................................................... 14,148 12,893 Goodwill...................................................................... 8,994 6,532 Other intangible assets, net ........................................................ 1,024 521 Restricted trust and escrow accounts ................................................ 347 313 Investments in unconsolidated entities .............................................. 426 483 Other assets.................................................................... 866 792 Total assets................................................................. $ 29,345 $ 27,743 LIABILITIES AND EQUITY Current liabilities: Accounts payable.............................................................. $ 1,121 $ 1,065 Accrued liabilities.............................................................. 1,342 1,327 Deferred revenues.............................................................. 539 534 Current portion of long-term debt ................................................. 551 218 Total current liabilities......................................................... 3,553 3,144 Long-term debt, less current portion ................................................ 13,259 13,280 Deferred income taxes........................................................... 1,806 1,407 Landfill and environmental remediation liabilities .............................. . ...... 2,222 1,930 Other liabilities................................................................. 1,051 912 Total liabilities............................................................... 21,891 20,673 Commitments and contingencies Equity: Waste Management, Inc. stockholders' equity: Common stock, $0.01 par value; 1,500,000,000 shares authorized; 630,282,461 shares issued..................................................................... 6 6 Additional paid -in capital ...................................................... 5,129 5,049 Retained earnings............................................................. 11,159 10,592 Accumulated other comprehensive income (loss) ................................... 39 (8) Treasury stock at cost, 207,480,827 and 205,956,366 shares, respectively ............... (8,881) (8,571) Total Waste Management, Inc. stockholders' equity ............................... 7,452 7,068 Noncontrolling interests .......................................................... 2 2 Total equity ................................................................ 7,454 7,070 Total liabilities and equity ..................................................... $ 29,345 $ 27,743 See Notes to Consolidated Financial Statements. 75 Exhibit F Page 60 of 99 WASTE MANAGEMENT, INC. CONSOLIDATED STATEMENTS OF OPERATIONS (In Millions, Except per Share Amounts) Year Ended December 31. 2020 2019 2018 Operating revenues .................................................. $ 15,218 $ 15,455 $ 14,914 Costs and expenses: Operating....................................................... 9,341 9,496 9,249 Selling, general and administrative ................................... 1,728 1,631 1,453 Depreciation and amortization ...................................... 1,671 1,574 1,477 Restructuring.................................................... 9 6 4 (Gain) loss from divestitures, asset impairments and unusual items, net..... 35 42 (58) 12,784 12,749 12,125 Income from operations .............................................. 2,434 2,706 2,789 Other income (expense): Interest expense, net ............................................... (425) (411) (374) Loss on early extinguishment of debt, net ............................. (53) (85) - Equity in net losses of unconsolidated entities .......................... (68) (55) (41) Other, net ....................................................... 5 (50) 2 (541) (601) (413) Income before income taxes ........................................... 1,893 2,105 2,376 Income tax expense .................................................. 397 434 453 Consolidated net income .............................................. 1,496 1,671 1,923 Less: Net income (loss) attributable to noncontrolling interests............ - 1 (2) Net income attributable to Waste Management, Inc ........................ $ 1,496 $ 1,670 $ 1,925 Basic earnings per common share ...................................... $ 3.54 $ 3.93 $ 4.49 Diluted earnings per common share ..................................... $ 3.52 $ 3.91 $ 4.45 CONSOLIDATED STATEMENTS OF COMPREHENSIVE INCOME (In Millions) Year Ended December 31, 2020 2019 2018 Consolidated net income .............................................. $ 1,496 $ 1,671 $ 1,923 Other comprehensive income (loss), net of tax: Derivative instruments, net ......................................... 15 8 8 Available -for -sale securities, net ..................................... 11 15 5 Foreign currency translation adjustments .............................. 20 55 (105) Post -retirement benefit obligation, net ................................ 1 1 2 Other comprehensive income (loss), net of tax ............................ 47 79 (90) Comprehensive income ............................................... 1,543 1,750 1,833 Less: Comprehensive income (loss) attributable to noncontrolling interests.. - 1 (2) Comprehensive income attributable to Waste Management, Inc .............. $ 1,543 $ 1,749 $ 1,835 See Notes to Consolidated Financial Statements. 76 Exhibit F Page 61 of 99 WASTE MANAGEMENT, INC. CONSOLIDATED STATEMENTS OF CASK FLOWS (In Millions) Cash flows from operating activities: Consolidated net income .................................................... Adjustments to reconcile consolidated net income to net cash provided by operating activities: Depreciation and amortization ............................................. Deferred income tax expense (benefit) ....................................... Interest accretion on landfill liabilities ....................................... Provision for bad debts ................................................... Equity -based compensation expense ........................................ Net gain on disposal of assets .............................................. (Gain) loss from divestitures, asset impairments and other, net .................... Equity in net losses of unconsolidated entities, net of dividends ................... Loss on early extinguishment of debt, net .................................... Change in operating assets and liabilities, net of effects of acquisitions and divestitures: Receivables......................................................... Other current assets ................................................... Otherassets......................................................... Accounts payable and accrued liabilities .................................. Deferred revenues and other liabilities .................................... Net cash provided by operating activities ....................................... Cash flows from investing activities: Acquisitions of businesses, net of cash acquired ............................... Capital expenditures..................................................... Proceeds from divestitures of businesses and other assets (net of cash divested)...... . Other, net ............................................................. Net cash used in investing activities ........................................... Cash flows from financing activities: New borrowings........................................................ Debt repayments........................................................ Premiums paid on early extinguishment of debt ............................... Net commercial paper borrowings (repayments) .............................. . Common stock repurchase program ......................................... Cash dividends......................................................... Exercise of common stock options ...... ................................... . Tax payments associated with equity -based compensation transactions ............. Other, net ............................................................. Net cash (used in) provided by financing activities .................. . ............ . Effect of exchange rate changes on cash, cash equivalents and restricted cash and cash equivalents............................................................. (Decrease) increase in cash, cash equivalents and restricted cash and cash equivalents ... . Cash, cash equivalents and restricted cash and cash equivalents at beginning of period... . Cash, cash equivalents and restricted cash and cash equivalents at end of period........ . Year Ended December 31, 2020 2019 2018 $ 1,496 $ 1,671 $ 1,923 1,671 1,574 1,477 165 100 25 103 98 95 54 39 54 94 86 89 (9) (27) (47) 43 113 (58) 60 55 41 53 85 — (179) (53) (16) 10 (23) (16) 53 10 (14) (37) 243 203 (174) (97) (186) 3,403 3,874 (4,085) (521) (460) (1,632) (1,818) (1,694) 885 49 208 (15) (86) (223) (4,847) (2,376) (2,169) 5,790 4,683 359 (7,807) (533) (499) (30) (94) — 1,808 (1,001) 453 (402) (248) (1,004) (927) (976) (802) 63 67 52 (34) (33) (29) (20) (11) (38) (1,559) 1,964 (1,508). 4 2 (3) (2,999) 3,464 (110) 3,647 183 293 $ 648 S 3,647 $ 183 Reconciliation of cash, cash equivalents and restricted cash and cash equivalents at end of period: Cash and cash equivalents................................................... $ 553 $ 3,561 S 61 Restricted cash and cash equivalents included in other current assets .................. 28 15 49 Restricted cash and cash equivalents included in restricted trust and escrow accounts ..... 67 71 73 Cash, cash equivalents and restricted cash and cash equivalents at end of period......... $ 648 $ 3,647 S 183 See Notes to Consolidated Financial Statements. 77 Exhibit F Page 62 of 99 WASTE MANAGEMENT, INC. CONSOLIDATED STATEMENTS OF CHANGES IN EQUITY (In Millions, Except Shares in Thousands) Waste Management. Inc. Stockholders' Eeaft Accumulated Additional Other Common Stock Paid -In Retained Comprehensive Treasury Stock Noncontroliing Total Shares Amounts Capital Earnings Income (Loss)_ Shares Amounts Interests Balance, December 31, 2017..... S 6,042 630,282 $ 6 $ 4,933 $ 8,588 $ 8 (196,964) $ (7,516) S 23 Adoption of new accounting standards .................. 80 — — — 85 (5) — — — Consolidated net income ........ 1,923 — — — 1,925 — — — (2) Other comprehensive income (loss), net of tax ............. (90) — — — — (90) — — — Cash dividends declared of $1.86 per common sham ........... (802) — — — (802) — — — — Equity -based compensation transactions, net of tax ........ 151 — — 60 1 — 2,345 90 — Common stock repurchase Program ................... (1,008) — — — — — (11,673) (1,008) — Divestiture of noncontrolling interest ................... (19) — — — — — — — (19) Other, net ................... (1) — — — — — 7 Balance, December 31, 2018 ..... $ 6,276 630,282 S 6 S 4,993 S 9,797 $ (97) (206,299) $ (8,434) S 1 Consolidated net income ........ 1,671 — — — 1,670 — — — I Other comprehensive income (loss), net of tax ............. 79 — — — — 79 — — — Cash dividends declared of $2.05 per common share ........... (876) — — — (876) — — — — Equity -based compensation transactions, net ............. 164 — — 56 1 — 2,585 107 — Common stock repurchase program ................... (244) — — — — — (2,247) (244) — Other, net ................... — — 5 — Balance, December 31, 2019..... $ 7,070 630,282 S 6 S 5,049 $ 10,592 S (9) (205,956) $ (8,571) S 2 Adoption of new accounting standards.... : * ..... ******' (2) — — — (2) — — — — Consolidated net income ........ 1,496 — — — 1,496 — — — — Other comprehensive income (loss), net of tax ............. 47 — — — — 47 — — — Cash dividends declared of S2.18 per common sham ........... (927) — — — (927) — — Equity -based commpensation transactions, net ............. 172 — — 80 1 — 2,158 91 — Common stock repurchase program ................... (402) — — — — — (3,687) (402) — Othm net .. . ................ — — — — (1) — 4 1 — Balance, December 31, 2020..... S 7,454 630,282 $ 6 $ 5,129 S 11,159 $ 39 20_( 7,481) $ (8,881) $ 2 See Notes to Consolidated Financial Statements. 78 Exhibit F Page 63 of 99 REPORT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM To the Board of Directors and Stockholders of Waste Management, Inc. Opinion on Internal Control over Financial Reporting We have audited Waste Management, Inc.'s internal control over financial reporting as of December 31, 2021, based on criteria established in Internal Control -Integrated Framework issued by the Committee of Sponsoring Organizations of the Treadway Commission (2013 framework) (the COSO criteria). In our opinion, Waste Management, Inc. (the Company) maintained, in all material respects, effective internal control over financial reporting as of December 31, 2021, based on the COSO criteria. We also have audited, in accordance with the standards of the Public Company Accounting Oversight Board (United States) (PCAOB), the 2021 consolidated financial statements of the Company, and our report dated February 15, 2022 expressed an unqualified opinion thereon. Basis for Opinion The Company's management is responsible for maintaining effective internal control over financial reporting and for its assessment of the effectiveness of internal control over financial reporting included in the accompanying Management's Report on Internal Control Over Financial Reporting. Our responsibility is to express an opinion on the Company's internal control over financial reporting based on our audit. We are a public accounting firm registered with the PCAOB and are required to be independent with respect to the Company in accordance with the U.S. federal securities laws and the applicable rules and regulations of the Securities and Exchange Commission and the PCAOB. We conducted our audit in accordance with the standards of the PCAOB. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether effective internal control over financial reporting was maintained in all material respects. Our audit included obtaining an understanding of internal control over financial reporting, assessing the risk that a material weakness exists, testing and evaluating the design and operating effectiveness of internal control based on the assessed risk, and performing such other procedures as we considered necessary in the circumstances. We believe that our audit provides a reasonable basis for our opinion. Definition and Limitations of Internal Control Over Financial Reporting A company's internal control over financial reporting is a process designed to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with generally accepted accounting principles. A company's internal control over financial reporting includes those policies and procedures that (1) pertain to the maintenance of records that, in reasonable detail, accurately and fairly reflect the transactions and dispositions of the assets of the company; (2) provide reasonable assurance that transactions are recorded as necessary to permit preparation of financial statements in accordance with generally accepted accounting principles, and that receipts and expenditures of the company are being made only in accordance with authorizations of management and directors of the company; and (3) provide reasonable assurance regarding prevention or timely detection of unauthorized acquisition, use, or disposition of the company's assets that could have a material effect on the financial statements. Because of its inherent limitations, internal control over financial reporting may not prevent or detect misstatements. Also, projections of any evaluation of effectiveness to future periods are subject to the risk that controls may become inadequate because of changes in conditions, or that the degree of compliance with the policies or procedures may deteriorate. Houston, Texas February 15, 2022 /s/ ERNST & YOUNG LLP 68 Exhibit F Page 64 of 99 REPORT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM To the Board of Directors and Stockholders of Waste Management, Inc. Opinion on the Financial Statements We have audited the accompanying consolidated balance sheets of Waste Management, Inc. (the Company) as of December 31, 2021 and 2020, the related consolidated statements of operations, comprehensive income, cash flows, and changes in equity for each of the three years in the period ended December 31, 2021, and the related notes (collectively referred to as the "consolidated financial statements"). In our opinion, the consolidated financial statements present fairly, in all material respects, the financial position of the Company at December 31, 2021 and 2020, and the results of its operations and its cash flows for each of the three years in the period ended December 31, 2021, in conformity with U.S. generally accepted accounting principles. We also have audited, in accordance with the standards of the Public Company Accounting Oversight Board (United States) (PCAOB), the Company's internal control over financial reporting as of December 31, 2021, based on criteria established in Internal Control -Integrated Framework issued by the Committee of Sponsoring Organizations of the Treadway Commission (2013 framework), and our report dated February 15, 2022 expressed an unqualified opinion thereon. Basis for Opinion These financial statements are the responsibility of the Company's management. Our responsibility is to express an opinion on the Company's financial statements based on our audits. We are a public accounting firm registered with the PCAOB and are required to be independent with respect to the Company in accordance with the U.S. federal securities laws and the applicable rules and regulations of the Securities and Exchange Commission and the PCAOB. We conducted our audits in accordance with the standards of the PCAOB. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the fmancial statements are free of material misstatement, whether due to error or fraud. Our audits included performing procedures to assess the risks of material misstatement of the financial statements, whether due to error or fraud, and performing procedures that respond to those risks. Such procedures included examining, on a test basis, evidence regarding the amounts and disclosures in the financial statements. Our audits also included evaluating the accounting principles used and significant estimates made by management, as well as evaluating the overall presentation of the financial statements. We believe that our audits provide a reasonable basis for our opinion. Critical Audit Matters The critical audit matters communicated below are matters arising from the current period audit of the financial statements that were communicated or required to be communicated to the audit committee and that: (1) relate to accounts or disclosures that are material to the financial statements and (2) involved our especially challenging, subjective or complex judgments. The communication of critical audit matters does not alter in any way our opinion on the consolidated financial statements, taken as a whole, and we are not, by communicating the critical audit matters below, providing separate opinions on the critical audit matters or on the accounts or disclosures to which they relate. 69 Exhibit F Page 65 of 99 Landfill Amortization Description of the At December 31, 2021, the Company's landfill assets, net of accumulated amortization, Matter totaled $7.3 billion and the associated amortization expense for 2021 was $731 million. As discussed in Note 2 of the financial statements, the Company updates the estimates used to calculate individual landfill amortization rates at least annually, or more often if significant facts change. Landfill amortization rates are used in the computation of landfill amortization expense. Auditing landfill amortization rates and related amortization expense is complex due to the highly judgmental nature of assumptions used in estimating the rates. Significant assumptions used in the calculation of the rates include: estimated future development costs associated with the construction and retirement of the landfill, estimated remaining permitted airspace and unpermitted expansion airspace, airspace utilization factors, projected annual tonnage intakes, and projected timing of retirement activities. How We Addressed the We obtained an understanding, evaluated the design, and tested the operating effectiveness of Matter in Our Audit the Company's controls over determining landfill amortization rates and calculating amortization expense. Our audit procedures included, among others, testing controls over: the Company's process for evaluating and updating the significant assumptions used in the development of the landfill amortization rates, management's review of those significant assumptions, and the mathematical accuracy of the calculation and recording of amortization expense. To test the landfill asset amortization rates, our audit procedures included, among others, assessing methodologies used by the Company and testing the significant assumptions discussed above, inclusive of the underlying data used by the Company in its development of these assumptions. We compared the significant assumptions used by management to historical trends and, when available, to comparable size landfills accepting a similar type of waste. Regarding unpermitted expansion airspace, we evaluated the Company's criteria for inclusion in remaining airspace. In addition, we considered the professional qualifications and objectivity of management's internal engineers responsible for developing the assumptions. We involved EY's engineering specialists to assist with the evaluation of the Company's landfill future development cost and airspace assumptions. We also tested the completeness and accuracy of the historical data utilized in the development of the landfill amortization rates. 70 Exhibit F Page 66 of 99 Landfill — Final Capping, Closure and Post -Closure Costs Description of the At December 31, 2021, the carrying value of the Company's landfill asset retirement Matter obligations related to final capping, closure and post -closure costs totaled 52.3 billion. As discussed in Note 2 of the financial statements, the Company updates the estimates used to measure the asset retirement obligations annually, or more often if significant facts change. Auditing the landfill asset retirement obligation is complex due to the highly judgmental nature of the assumptions used in the measurement process. These assumptions include: estimated future costs associated with the capping, closure and post closure activities at each specific landfill; airspace consumed to date in relation to total estimated permitted airspace; the projected annual tonnage intake; and the projected timing of retirement activities. How We Addressed the We obtained an understanding, evaluated the design, and tested the operating effectiveness of Matter in Our Audit the Company's controls over the calculation of asset retirement obligations. Our audit procedures included, among others, testing the Company's controls over the landfill asset retirement obligation estimation process and management's review of the significant assumptions used in the estimation of the liability, including the amount and timing of retirement costs. To test the landfill asset retirement obligation valuation, we perfonmcd audit procedures that included, among others, assessing methodologies used by the Company, testing the completeness of activities included in the estimate (e.g., gas monitoring and extraction), and testing the significant assumptions discussed above, inclusive of the underlying data used by the Company in its development of these assumptions. We compared the significant assumptions used by management to historical trends and, when available, to comparable size landfills accepting the same type of waste. In addition, we considered the professional qualifications and objectivity of management's internal engineers responsible for developing the assumptions. We involved EY engineering specialists to assist us with these procedures. Specifically, we utilized the EY engineering specialists to evaluate the reasons for significant changes in assumptions from the historical trend, and to determine whether the change from the historical trend was appropriate and identified timely. We also tested the completeness and accuracy of the historical data utilized in preparing the estimate. We have served as the Company's auditor since 2002. Houston, Texas February 15, 2022 /s/ ERNST & YOUNG LLP 71 Exhibit F Page 67 of 99 WASTE MANAGEMENT, INC. CONSOLIDATED BALANCE SHEETS (In Millions, Except Share and Par Value Amounts) December 31, 2021 me ASSETS Current assets: Cash and cash equivalents....................................................... $ 118 $ 553 Accounts receivable, net of allowance for doubtful accounts of $25 and $33, respectively ... 2,278 2,097 Other receivables, net of allowance for doubtful accounts of $8 and $7, respectively ....... 268 527 Parts and supplies.............................................................. 135 124 Other assets................................................................... 270 239 Total current assets............................................................ 3,069 3,540 Property and equipment, net of accumulated depreciation and amortization of $20,537 and $19,337,respectively........................................................... 14,419 14,148 Goodwill...................................................................... 9,028 8,994 Other intangible assets, net ........................................................ 898 1,024 Restricted trust and escrow accounts ................................................ 348 347 Investments in unconsolidated entities .............................................. 432 426 Other assets.................................................................... 903 866 Total assets................................................................. $ 29,097 $ 29,345 LIABILITIES AND EQUITY Current liabilities: Accounts payable.............................................................. $ 1,375 $ 1,121 Accrued liabilities.............................................................. 1,428 1,342 Deferred revenues.............................................................. 571 539 Current portion of long-term debt ................................................. 708 531 Total current liabilities......................................................... 4,082 3,553 Long-term debt, less current portion ................................................ 12,697 13,259 Deferred income taxes........................................................... 1,694 1,806 Landfill and environmental remediationliabilities..................................... 2,373 2,222 Other liabilities................................................................. 1,125 1,051 Total liabilities............................................................... 21.971 21,891 Commitments and contingencies (Note 10) Equity: Waste Management, Inc. stockholders' equity: Common stock, $0.01 par value; 1,500,000,000 shares authorized; 630,282,461 shares issued..................................................................... 6 6 Additional paid -in capital ...................................................... 5,169 5,129 Retained earnings............................................................. 12,004 11,159 Accumulated other comprehensive income (loss) ................................... 17 39 Treasury stock at cost, 214,158,636 and 207,480,827 shares, respectively ............... (10,072) (8,881) Total Waste Management, Inc. stockholders' equity ............................... 7,124 7,452 Noncontrolling interests .......................................................... 2 2 Total equity ................................................................ 7,126 7,454 Total liabilities and equity ..................................................... $ 29,097 $ 29,345 See Notes to Consolidated Financial Statements. 72 Exhibit F Page 66 of 99 WASTE MANAGEMENT, INC. CONSOLIDATED STATEMENTS OF OPERATIONS (In Millions, Except per Share Amounts) Operating revenues ................................................. Costs and expenses: Operating...................................................... Selling, general and administrative .................................. Depreciation and amortization ..................................... Restructuring................................................... (Gain) loss from divestitures, asset impairments and unusual items, net... . Income from operations ............................................. Other income (expense): Interest expense, net .............................................. Loss on early extinguishment of debt, net ............................ Equity in net losses of unconsolidated entities ......................... Other, net ...................................................... Income before income taxes .......................................... Income tax expense ................................................ . Consolidated net income ............................................. Less: Net income (loss) attributable to noncontrolling interests.......... . Net income attributable to Waste Management, Inc ....................... Basic earnings per common share ..................................... Diluted earnings per common share .................................... Year Ended December 31, 2021 2020 2019 17,931 $ 15,218 $ 15,455 11,111 9,341 9,496 1,864 1,728 1,631 1,999 1,671 1,574 8 9 6 (16) 35 42 14,966 12,794 12,749 2,965 2,434 2,706 (365) (425) (411) (220) (53) (85) (36) (68) (55) 5 5 (50) (616) ($411 (601) 2,349 1,893 2,105 532 397 434 1,817 1,496 1,671 1 - 1 1,816 $ 1,496 S 1,670 4.32 $ 3.54 S 3.93 4.29 $ 3.52 S 3.91 CONSOLIDATED STATEMENTS OF COMPREHENSIVE INCOME (In Millions) Consolidated net income. ............................................ Other comprehensive income (loss), net of tax: Derivative instruments, net ........................................ Available -for -sale securities, net .................................... Foreign currency translation adjustments ............................. Post -retirement benefit obligation, net ............................... Other comprehensive income (loss), net of tax ........................... Comprehensive income .............................................. Less: Comprehensive income (loss) attributable to noncontrolling interests. Comprehensive income attributable to Waste Management, Inc ............. See Notes to Consolidated Financial Statements. 73 Year Ended December 31, 2021 2020 2019 1,817 $ 1,496 $ 1,671 9 15 8 (6) 11 15 (28) 20 55 3 1 1 47 79 J22) 95 1,545 1,750 1 - 1 1,794 $ 1,543 $ 1,749 Exhibit F Page 69 of 99 WASTE MANAGEMENT, INC. CONSOLIDATED STATEMENTS OF CASH FLOWS (In Millions) Year Ended December 31 1019 2021 2020 Cash flows from operating activities: Consolidated net income ..................................................... $ 1,817 S 1,496 S 1,671 Adjustments to reconcile consolidated net income to net cash provided by operating activities: Depreciation and amortization .............................................. 1,999 1,671 1,574 Deferred income tax expense (benefit) ........................................ (77) 165 100 Interest accretion on landfill and environmental remediation liabilities ............... 111 103 98 Provision for bad debts .................................................... 37 54 39 Equity -based compensation expense ......................................... 108 94 86 Net gain on disposal of assets ............................................... (25) (9) (27) (Gain) loss from divestitures, asset impairments and other, net ..................... (16) 43 113 Equity in net losses of unconsolidated entities, net of dividends .................... 38 60 55 Loss on early extinguishment of debt, net ..................................... 220 53 85 Change in operating assets and liabilities, net of effects of acquisitions and divestitures: Receivables.......................................................... 28 (179) (53) Other current assets .................................................... (39) 10 (23) Other assets.......................................................... 34 53 10 Accounts payable and accrued liabilities ................................... 206 (37) 243 Deferred revenues and other liabilities ..................................... (103) (174) (97) Net cash provided by operating activities ........................................ 4,338 3,403 3,874 Cash flows from investing activities: Acquisitions of businesses, net of cash acquired ................................ (75) (4,085) (521) Capital expenditures...................................................... (1,904) (1,632) (1,818) Proceeds from divestitures of businesses and other assets, net of cash divested ........ 96 885 49 Other, net .............................................................. (11) (15) (86) Net cash used in investing activities ............................................ (1,894) (4,847) (2,376) Cash flows from financing activities: New borrowings......................................................... 7,948 9,420 13,237 Debt repayments......................................................... (8,404) (9,629) (10,088) Premiums and other paid on early extinguishment of debt ................ . ........ (211) (30) (84) Common stock repurchase program .......................................... (1,350) (402) (248) Cash dividends.......................................................... (970) (927) (876) Exercise of common stock options ........................................... 66 63 67 Tax payments associated with equity -based compensation transactions .......... . ... (28) (34) (33) Other, net .............................................................. 49 f20) (11) Net cash (used in) provided by financing activities ................................. (2,900) (1,559) ( 1, Effect of exchange rate changes on cash, cash equivalents and restricted cash and cash equivalents.............................................................. 2 4 2 (Decrease) increase in cash, cash equivalents and restricted cash and cash equivalents ..... (454) (2,999) 3,464 Cash, cash equivalents and restricted cash and cash equivalents at beginning of period. _ ... 648 3,647 183 Cash, cash equivalents and restricted cash and cash equivalents at end of period.......... S 194 S 648 S 3,647 Reconciliation of cash, cash equivalents and restricted cash and cash equivalents at end of period: Cash and cash equivalents.................................................... $ 118 S 553 S 3,561 Restricted cash and cash equivalents included in other current assets ............... . ... 7 28 15 Restricted cash and cash equivalents included in restricted trust and escrow accounts ...... 69 67 71 Cash, cash equivalents and restricted cash and cash equivalents at end of period.......... S 194 S 648 S 3,647 See Notes to Consolidated Financial Statements. 74 Exhibit F Page 70 of 99 WASTE MANAGEMENT, INC. CONSOLIDATED STATEMENTS OF CHANGES IN EQUITY (In Millions, Except Shares in Thousands) Waste Management, Inc. Stoekbolders' Equity Accumulated Additional Other Common Stock Paid -In Retained Comprehensive Treasury Stock Noncontrolling Total Shares Amounts Capital Earnings Income (Loss) Shares Amounts Balance, December 31, 2018 .. S 6,276 630282 $ 6 S 4,993 S 9,797 S (87) (206,299) S _Inhmb (8,434) $ 1 Consolidated net income ..... 1,671 — — — 1,670 — — — 1 Other comprehensive income (loss), net of tax .......... 79 — — — — 79 — — — Cash dividends declared of $2.05 per common share.... (876) — — — (876) — — — — Equity -based compensation transactions, net of tax ..... 164 — — 56 1 — 2,585 107 — Common stock repurchase program ................. (244) — — — — (2,247) (244) Other, net ................ — — 5 — — Balance, December 31, 2019.. S 7,070 630,282 $ 6 $ 5,049 S 10,592 $ (8) (205,956) $ (8,571) S 2 Adoption of new accounting standards ............... (2) — — — (2) — — — — Consolidated net income ..... 1,496 — — — 1,496 — — — — Other comprehensive income (loss), net of tax .......... 47 — — — — 47 — — — Cash dividends declared of $2.18 per common share.... (927) — — — (927) — — — — Equity -based compensation transactions, net.......... 172 — — 80 1 — 2,158 91 — Common stock repurchase Program ................. (402) — — — — — (3,687) (402) Other, net ................ — — — — _ _ (1) — 4 1 — Balance, December 31, 2020.. S 7,454 630,282 $ 6 S 5,129 $ 11,159 $ 39 (207,481) S (8,881) $ 2 Consolidated net income ..... 1,817 — — — 1,916 — — — 1 Other comprehensive income (loss), net of tax .......... (22) — — — — (22) — — — Cash dividends declared of $2.30 per common share.... (970) — — — (970) — — — — Equity -based compensation transactions, net.......... 198 — — 110 (1) — 2,049 89 Common stock repurchase program ................. (1,350) — — (70) — — (8,731) (1,280) — Other, net ................ (1) — — — — — 4 — (1) Balance, December 31, 2021 .. S 7,126 630,282 S 6 $ 5,169 $ 12,004 $ 17 21( 4,159) S (10,072) S 2 See Notes to Consolidated Financial Statements. 75 Exhibit F Page 71 of 99 SECTION 12 FINANCIAL CAPACITY W I FORT WORT . Financial Strength: A Foundation for Our Commitment WM's financial strength is a foundation for our commitment to serve our customers, perform our obligations, and protect the environment in carrying out our broad services. WM's revenue in 2021 was $17.93 billion, and WM has an asset base of $29.1 billion. The company generates Full financial results are available on strong and consistent cash flow and has access to an our website at investors.wm.com. extensive line of credit. WM has achieved solid investment -grade credit ratings from three major rating agencies. Most recently, the company has been assigned ratings of A-/A-2 by Standard & Poor's, BBB+ by Fitch, and Baal by Moody's. The ratings are based on expectations that management will maintain good liquidity, pursue a moderate financial policy, and allocate capital in a disciplined manner. The credit outlook from each agency for WM is characterized as stable. Source of Funds WM is self -funded. Summary Financial Statements Financial statements were including in the previous section. Bankruptcy/Default Disclosure WM has never filed for bankruptcy or defaulted on any loans. Letters of Support Please see Section 5: Ability To Acquire Letter Of Credit And/Or Performance Bond. Printed on 100% Exhi67f%° `"`P``b` aP.r Page 73 of 99 SECTION 13 LITIGATION, REGULATORY ACTIONS, AND PAYMENT OF LIQUIDATED DAMAGES HISTORY Exhibit F Page 74 of 99 w I FoR`T 0. Waste Management of Texas, Inc. (WM) is not aware of any material civil matters or criminal actions now pending or having occurred within the last five years. WM is not aware of any liquidated damages paid under a hauling contract. If you have further questions regarding WM's response, WM invites you to contact WM's in-house counsel, whose name and telephone number can be provided upon request. Pmn.d m 100% Exhu'r `r " cUb" °'p` Page 75 of 99 SECTION 14 SUSPENSION/DEBARMENT FORM 4: SUSPENSION OR DEBARMENT CERTIFICATE City of Fort Worth Request for Proposal 23.0003 Drop -Off Station and Special Event Collection FORM 4: SUSPENSION OR DEBARMENT CERTIFICATE Non -Federal entities are prohibited from contracting with or making subcontract awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement for goods or services equal to or in excess of $100,000.00. Contractors receiving individual awards for $100,000.00 or more and all subcontract recipients must certify that the organization and its principals are not suspended or debarred. By submitting this offer and signing this certificate, Proposer certifies that no suspension or disbarment is in place, which would preclude receiving a federally funded contract under the Federal OMB, A-102, Common Rule, as may be amended. Company Name: Waste Management of Texas, Inc. Signature of Company Officer: 4_4�� 9 P Y Company Officer Printed Name: Rick Losa Title Area Director of Public Sector Solutions Page 71 of 102 Exhibit F Page 77 of 99 SECTION 15 RFP SUBMISSION CHECKLIST FORM 5: RFP SUBMISSION CHECKLIST FORM 5: RFP SUBMISSION CHECKLIST FORM P q--.w comtrm n m e1Bew411p ci ow t 11w --ti— OM ars inJuOW in their RFP SAMisslon "be pspe or r 90 of pages where aw mow Is In Oak RFP SIIb.NUsn. Propfte a mull klck ds as secdons Wed nalv., In owk RFP SubRlbslen. If a teacr1 deed bwbW b not kx.IWW n Vw RFP 3utin bsten, Proposers M M provide a brief eapW Wion of to rMSOn wiry. FMe* to wrrplele tMs Mn my re" In Or *dAm Of VA papoW. RFP seewe season rode farm InelrtlM n RFP atbndeelsa H nat kleleded In ItFP albmleebn, also IM raven.dlV Eleaanlb Kee 0"4-1 Herd C-Py FaNfaj nl nfleeeeer Fr'aaaeer 10.1 Letter of 1nYd Non ✓ 4 i I 10.2 Cw"ny Hptaylnd Own«sty None 6-7 7.1 110.3 come y EgaMerma None 9-10 4-5 1 110.1 ner'1 a p/rat�ason 1— 2 12-13 10.50) At d1v lo laM .1C�r60q «Wa PMammea tNonetl None J M 17 10.5(2) 1.erarlwnn end 6pH)are Form 1 ✓ 1 & 106 C 1dhLb d�riMesigwftlurWn IF«m3 ✓ 24 107 sA4proer31 IF-1 ✓ 71tJ7 6.22 to a Key Perearsrl IN— � AA -AA 7'4-77 I 109 Vw.ao,gywor.serss.. Naw :N_ J rp 7R 10.10(1) �Wsbon den ✓ S7 }f 10.10(2) ICer+n9ency Plat None I ✓ Sf 10.1g3) R erw R.P—vM INaw J FA '11 1'." mere I tea» J W71 Afw Section 11 tat 10A2 Fnruia C1{w ay IN— ✓ 73 10.13 Lik9asn, Re9watery Mims. Prid Pe)lnerd d Lsuidebd Denlpee PPalory IN— I I 7S 1 10.14 ad a D9anorEq IF-4 I 1 1 77 P�! F«m IFam 5 I ✓ 1 79 A1wr _ 10.M c«tplwk.QaoorOs IHa» I ✓ I et 34 10.17 AdmwNeep«.wed Addenda IFCrm3 I y I 110.1d 1E—peen F— IF— 7 I J 1 1 67 1 A 110.19 IN—C.W nAaaanM IF-0 I ✓ I 90 7Nr 110.20 A9 t» Farms I ✓ I 91 �10.10") We�umorri b taedae ekaa TM B.— Eauty 9m IF— 10 ���'..�f Pnmi Contractor `Verve Form sU&.mue 103g2) Ilid_ Ikwft « kbY Fam Pdm, ContractorWFusumaad 1.&— Eoft 12 I 1-m, C0WsC W Warm Fam aulNlmte 1 110.20(3) 10.10(q 1 Braewn E oeod Fein Farm 1F— 13 I 1 I I 1010(3) 13rn1 V Fam 14 I I F - IF I I "I we) Itlmkwsa Eoely Conkers. w— Form 15 ✓ 1 92 I�R< Section 22 to 110.21 ICost RopnYr IF-9 1 ✓ I I eubnttad sessareleJ�fuGmdted e.naoa�r 1. fMe a - /111a H1eleeel rr� a Ww1M b • eepaslle eeaM «egtCDe Ier ode er10 W1raNe rpm N rsaar a611MYmer M ewe ibw aw Ilf# Oieswla a WPM a110 a a tabs M Crdsleaslan Osalw fulrs b faOm 31R1 EIdbit F Pop T• d tM SECTION 18 COMPLIANCE RECORDS W FOR_ TyWMO�RTH. From time to time, Waste Management of Texas, Inc. (WM) receives notices and other communications from regulatory authorities with respect to our operations. However, in the past five years, WM, its subsidiaries and parent companies have not been subject to any fines, penalties, enforcement actions or warnings from public agencies with respect to operations in Texas. If you have further questions regarding WM's response, WM invites you to contact WM's in-house counsel, whose name and telephone number can be provided upon request. Prinbdo 100% Exhl ny `mcyc"6 "P" 34 Page 81 of 99 f SECTION 19 ACKNOWLEDGEMENT OF ADDENDA ACKNOWLEDGEMENT ADDENDA Exhibit F Page 82 of 99 FORM 6: ACKNOWLEDGEMENT OF ADDENDA Proposers shall acknowledge each addendum included in this RFP by filling in the addenda number and checking the box to indicate they have received each addendum. Addendum Number Acknowledgement of Receipt of Addenda 1 J 2 J Exhibit F Page 83 of 99 FORTWORTH. ADDENDUM TO REQUEST FOR PROPOSAL NO. 23-0003 DROP-OFF STATION AND SPECIAL EVENT COLLECTION PURCHASING DIVISION ADDENDUM NO. 1 REQUEST FOR PROPOSAL (RFP): 23-0003 BID OPENING DATE: December 1, 2022 (UNCHANGED) DATE ISSUED: November 16, 2022 RFP No. 23-0003 issued November 2, 2022, is hereby amended as follows: Questions and Answers document is hereby incorporated, in full text on page 2 to page 4 of this addendum. Business Equity Documentation, Form 10 to Form 15, is hereby incorporated, in full text on page 5 to 20 of this addendum, All other terms and conditions remain unchanged. Ma6ci ca"Kra Maria Canoura BUYER ■ ... ■ . ■ ■ ■ • ■ ■ .. ■ ■ • .. ■ . 1 ■ ■ ■ ■ ■ ■ • . • ■ .. ■ ■ • ■ . ■ ■ ■ ■ .... ■ ■ ■ ■ ■ ■ 0 ........... a .. ■ ■ .... ■ . ■ .. ■ By the signature affixed below. Addendum No. 1 is hereby incorporated into and made part of the above referenced Request for Proposal. COMPANY NAME: gWaste,M�}ynagement of Texas. Inc. SIGNATURE: `tied NOTE: Company name and signature must be the same as on the original bid documents. Failure to return this form with your sealed bid may constitute grounds for rejection of your offer. Exhibit F Page 84 of 99 FORT WORTH., ADDENDUM TO REQUEST FOR PROPOSAL NO.23-0003 DROP-OFF STATION AND SPECIAL EVENT COLLECTION PURCHASING DIVISION ADDENDUM NO, 2 REQUEST FOR PROPOSAL (RFP): 23.0003 BID OPENING DATE: December 8, 2022 (CHANGED) DATE ISSUED: November 17, 2022 RFP No. 23-0003 issued November 2. 2022, is hereby amended as follows: 1 Bid Opening Date has been changed from December 1, 2022, at 1:30PM (Local Time) to December 8, 2022, at 1:30PM (Local Time) 2. Interviews Date, if applicable, has changed from December 14 to December 16, 2022 to January 4 to January 6, 2023. All other terms and conditions remain unchanged. 1A1 tri.a 1- ." ,,•.I I Maria Canoura BUYER •■05N0aaaaNa0aaaaMaa0a0a0aaaaNa80aa9EaNaMv0a0aaaa0NaaS8a00a0aaNa9aa9a63NFa000aaa• By the signature affixed below, Addendum No. 2 is hereby incorporated into and made part of the above referenced Request for Proposal. COMPANY NAME: Waste Ma ement of Texas, Inc. SIGNATURE: I%q MOTE: Company name and signature must be the same as on the original bid documents. Failure to return this form with your sealed bid may constitute grounds for rejection of your offer. Exhibit F Page 85 of 99 SECTION 20 EXCEPTIONS FORM FORM 7: EXCEPTIONS FORM FORM 7: EXCEPTIONS Proposer Name: Waste Management of Texas, Inc. List any exceptions to the RFP or draft contract in the table space provided on the following page. Proposers shall include the exception, a summary discussion of reasons for the exception, any proposed alternative language, the location in the RFP Submission where they are proposing the exception, and any other information required pursuant to Section 4.12. Please see the following page. If additional space is needed, include additional copies of this page. All Proposers MUST COMPLETE this page. RETURN with Proposal or Proposal will be considered NON -RESPONSIVE. Our proposal is submitted according to: V Proposed exceptions listed above OR No exceptions Exhibit F Page 87 of 99 Waste Management of Texas, inc's ("WM") Exceptions to the City of Fort Worth's ("City") Request for Proposals for 23-0003 Drop -Off Station and Special Event Collection ("RFP"); December 8, 2022 WM's proposal in response to the City's RFP is conditioned on the following exceptions: 1. WM is submitting a proposal for the Drop -Off Stations and Special Events Components of Service set out in the RFP, and WM's proposal is conditioned upon being awarded the entire scope of work for both Components on an exclusive basis. As such, WM takes exception to the language in section 1.1, page 2, that says the City may award various components of Service to more than one Proposer. 2. Consistent with the City's language in section 1.3(2) on RFP page 3, WM reserves the right to revise the City's draft Service Agreement or other contract documents and update those documents to reflect negotiated terms and conditions mutually agreed to by the parties. 3. WM takes exception to the language in section 4.1.2., bottom of page 15 that says by submitting a proposal, the Proposer acknowledges that if the City accepts its offer, in whole or in part, then such acceptance "constitutes a valid and binding Contract as to any and all items accepted in writing." As noted elsewhere in the RFP, WM's proposal is conditioned on these exceptions and reaching mutually agreeable contract terms with the City. 4. WM takes exception to the 180-calendar day Proposal Acceptance Period on RFP page 16, Section 4.1.2. and page 55, section 10.1(6). WM's proposal is valid for no more than 120 days after the December 8, 2022 proposal due date. 5. WM does not agree to allow other governmental entities to participate in any resulting contract as described in section 7.3,'Cooperative Purchasing," page 36. 6. WM requests the right to negotiate mutually acceptable cost adjustment language with the City and takes exception to the language in section 8.1.2. on RFP pages 39-40. WM is confident that it and the City can reach agreeable language as they have done on other contracts. 7. Section 8.1.3., pages 40-41, contains a number of reporting requirements. WM requests the right to discuss this language and reach mutually agreeable reporting language. 8. Regarding the language in section 8.1.9, page 44, second paragraph, that says Contractor's collection and transportation of materials from the drop-off stations may occur on a 24-hour basis, WM will provide services during normal business hours Monday thru Saturday. 9. Regarding the language in Section 8.1.11(3), pages 4445, that says Contractor's designated supervisor shall be available to the City 24 hours per day by radio or phone, WM will provide services during normal business hours. WM is willing to discuss circumstances where additional availability may be provided (e.g., disaster events, etc.). 10. Regarding the liquidated damages set out in section 8.1.14, pages 46-47, WM is not opposed to the City's right to impose liquidated damages in certain situations but requests the right to negotiate mutually acceptable language and associated liquidated damage amounts with the City. 11. Section 8.2.5 on page 49 includes language about providing up to 3 drivers at each Drop Off Station on Saturdays from 7 a.m. to 4 p.m. and initiating all hauls within 2 hours of a request. WM requests the right to discuss this language with the City and negotiate mutually agreeable language. 12. WM takes exception to the language in section 2 of Exhibit B, the sample Service Agreement, that says the City has the option, in its sole discretion, to renew this Agreement. WM requires that any renewal or extension of the agreement must be mutually agreed to in writing by both parties. 13. WM takes exception to the language in section 4.1 of Exhibit B, the sample Service Agreement, that allows either the City or Contractor to terminate the agreement at any time and for any reason by providing 30-days written notice. WM requires that neither party have the right to terminate the contract for its convenience (i.e., for any or no reason). WM will agree to language that allows either party to terminate the contract for the other party's default or failure and inability to timely cure the default within 21 days of receiving a written demand to do so. 14. WMT requires that, if its proposal is accepted, the parties enter into a final Contract that contains industry standard language and terms that accurately reflect the services being provided. WM's proposal is conditioned upon the language contained in its Proposal, including these exceptions, and the parties' entry into a mutually agreeable final contract. WM looks forward to working with and providing quality services to the City. Im Exhibit F IWaT 88 of 99 SECTION 21 NON -COLLUSION AGREEMENT FORM 8: NON -COLLUSION AGREEMENT 0 L IrExhibit F Rage 89 of 99 City of Fort Worth Request for Proposal 23-0003 Drop -Off Station and Special Event Collection FORMS: NON -COLLUSION ACKNOWLEDGEMENT The undersigned Proposer affirms that they are duly authorized to execute this proposal, that this company, corporation, firm, partnership or individual has not prepared this proposal in collusion with any other Proposer, and that the contents of this proposal as to prices, terms and conditions thereof have not been communicated by the undersigned Proposer, nor by Proposer's employee, affiliate, representative, partner, subcontractor, or agent, to any other individual or entity engaged in this type of business prior to the official opening of this RFP. Company Name: Waste Management of Texas, Inc. Signature of Company Officer: ;1�0400' Company Officer Printed Name: Rick Losa Title Area Director of Public Sector Solutions Page 75 of 102 Exhibit F Page 90 of 99 SECTION 22 ALL OTHER FORMS ATTACHMENT 1B FORT WORTH Page 1 of 1 City of Fort Worth Business Equity (M/WBE) Specifications Prime Contractor Waiver Form OFFEROR COMPANY NAME: I Check applicable block to describe Prime Waste Management of Texas, Inc. PROJECT NAME: QMNVBE NON-MWBECitizens Drop Off and Special Events RFP #23-0003 B' DATE' 12/8/2022 City's MBE Project Goal: Offeroes MBE Project Commitment: PROJECT NUMBER 25 % 1 0 % RFP 23-0003 If both answers to this form are YES, do not complete ATTACHMENT 1C (Good Faith Effort Form). All questions on this form must be completed and a detailed explanation provided, if applicable. If the answer to either question is NO, then you must complete ATTACHMENT 1 C. This form is only applicable if b9.th answers are yes. Failure to complete this form In Its entirety and be received by the Purchaslrla Division no later than 2:00 D.mon the second City business day after bid ooeninq, exclusive of the bid opening date, will r9esuk In the bid being considered non -responsive to bid specifications. Will you perform this entire contract without subcontractors? 0 YES If yes, please provide a detailed explanation that proves based on the size and scope of this NO project, this is your normal business practice and provide an operational profile of your business. Will you perform this entire contract without suppliers? 1Z YES If yes, please provide a detailed explanation that proves based on the size and scope of this project, this is your normal business practice and provide an inventory profile of your business. NO The Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including certified M/WBE(s) on this contract, the payment thereof and any proposed changes to the original M/WBE(s) arrangements submitted with this bid. The Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed by the MAAIBEs 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 less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance creates a material breach of contract and may result in a determination of an irresponsible Offeror and barred from participatinq in City work for a period of time not less than one (1) year. Au ' ed Signature� ` Title ' PSS Manager Waste Management of Texas, Inc Address 5012 MLK Fort Worth, Tx 76119 cHy/stateft Business Equity Division Email: DVIN BEOffrce®fortwortMexas.gov Phone: (817) 392-2674 Printed Signature contact Name (if dif wwd) 817-454-7504 Phone Number Fax Number Skellar@wm.com Email Address November 11, 2022 Date Rev. 3/13/2022 Exhibit F Page 92 of 99 WM. December 8, 2022 City of Fort Worth Purchasing Division 200 Texas St., Fort Worth, Texas 76102 Attn: City of Fort Worth Recycling Processing Services Evaluation Committee Dear Committeepersons: Waste Management of Texas, Inc. (WM) is pleased to present this response to the City of Fort Worth in response to RFP# 23-0003 for Drop -Off Station and Special Event Collection. WM is proud of the partnership we have built with the City of Fort Worth as your provider for the collection of the City s trash and recyclables. Now, we look forward to expanding this partnership. WM is the leading provider of comprehensive waste and environmental services in North America. We are strongly committed to a foundation of financial strength, operating excellence, and professionalism. We are proud of the work we do, our dedicated staff, and the customers we serve. We have a proven track record of providing our customers with waste programs that meet their goals and expectations. We have implemented programs for more than 21 million customers across North America. We thank you for the opportunity to participate in this RFP process. Please do not hesitate to contact any of our team members with any questions regarding our proposal. Sincerely, Stephen Kellar Public Sedor Manager (817) 454-7604, skellar(@.wm.com PROPOSAL STATEMENTS This proposal is a firm offer for a 180-calendar day period from the Proposal Submission Deadline Date. The information contained in this Proposal or any part thereof, including exhibits, schedules, and other documents and instruments delivered or to be delivered to the City, are true, accurate, and complete to the Proposer's knowledge. This proposal includes all information necessary to ensure that the statements herein do not in whole or in part mislead the City as to any material facts. Regarding subcontractors, WM will not need to utilize any subcontractors and can self -perform all work. WM does not agree that all terms, conditions, and pricing apply if any other governmental entities want to participate in this contract (Section 7.3, Page 36 of the RFP: Cooperative Purchasing). Exhib�� it � p"r Page 193 6f 99 City of Fort Worth Request for Proposal 23-0003 Drop -Off Station and Special Event Collection FORM 9: COST PROPOSAL FORM Form 9.1 - Costs for Drop -Off Station and Special Event Collection Service Three (3) Year Initial Term This form will be used to evaluate costs and pricing. This form must be in a separate sealed envelope inside the main package marked "FORM 9: COST PROPOSAL FORM — 3 Year". Please do not include pricing within the bid response documents whatsoever. Proposers shall fill out the following for each component of Service for which the Proposer is including in their RFP Submission as indicated in Form 1. Proposers should complete the following based on the applicable component of Service included in the RFP Submission. Proposers shall leave any areas that are not included in the RFP Submission blank, and clearly indicate any areas of the form that are left intentionally blank. The Drop -Off Station and Special Event Proposed Fees table is provided for Proposers to indicate the unit prices for servicing Drop -Off Centers and managing Special Event Material. Proposers shall provide the rate on a dollar per -pull basis pursuant to Section 8.1.1(1). Drop -Off Station and Special Event Proposed Fees' Drop -Off Station SELF Material Fort Worth Recovery Facility C&D Landfill Brennan Drop -Off Station (1) $ No Bid $ No Bid $ No Bid Southeast Drop -Off Station (2) $ No Bid $ No Bid $ No Bid Old Hemphill Road Drop -Off Station (3) $ No Bid $ No Bid $ No Bid Hillshire Drop -Off Station (4) $ No Bid $ No Bid $ No Bid Environmental Collection Center (5) $ No Bid $ No Bid $ No Bid Notes: 1. Proposers shall provide the per -pull rate from each Drop -Off Station to each Facility. Proposers must provide a price for each Facility consistent with the Drop -Off Stations that are included in the RFP Submission as indicated in Form 1. 2. Numbers indicated by each Drop -Off Station are consistent with the number shown in Form 9.2. Proposer shall indicate the unit prices for providing container exchanges as required by the City pursuant to Section 8.2.5(2) on a per container exchange basis. Container Exchange Services Proposed Fees Component of Service Proposed Fees Unit 1. Container Exchange (Vehicle on -site) $ No Bid Per Container 2. Container Exchange (Vehicle off -site) $ No Bid Per Container 3. Rental Equipment' $No Bid Per Container Notes: 1. Proposers shall provide any additional fees associated with rental equipment Proposer shall indicate prices for servicing Pedestrian Area Containers as required by the City pursuant to Section 8.2.5(1). Pedestrian Area Container Service Proposed Fees' Services per Week 1 2 3 4 5 On -Call Pedestrian Area Containers $ No Bid $ No Bid $ No Bid $ No Bid $ No Bid Notes: 1. Proposers shall provide the per -container per week rate for Pedestrian Area Containers if they have indicated this component of Service Is included in the RFP Submission In Form 1. 2. Proposers shall provide the cost for on -call service on a per -container basis. Page 76 of 102 Exhibit F Page 94 of 99 City of Fort Worth Request for Proposal 23-0003 Drop -Off Station and Special Event Collection Form 9.1 — Combination of Components of Service Cost Saving Opportunities Three (3) Year Initial Term Proposers shall complete the Drop -Off Station Cost Saving Opportunities table and space provided below to indicate the cost savings on a percentage basis compared to the proposed fees that could be provided to the City if awarded multiple components of Service. The following cost savings opportunities do not include service of the ECC, container exchange, or Pedestrian Area Container service. Drop -Off Station Combination Cost Saving Opportunities' Drop -Off Station Combinations I Cost Savings Two Drop -Off Stations 1 & 2 % N/A 1 & 3 % N/A 1 & 4 % N/A 2 & 3 % N/A 2 & 4 % N/A 3 & 4 % N/A Three Drop -Off Stations 1,2&3 %N/A 1,3&4 %N/A 1,2&4 %N/A 2,3&4 %N/A All Drop -Off Stations 1, 2, 3 & 4 I %N/A 1. Numbers provided correspond to the numbers assigned in the Drop -Off Station and Special Event Proposed Fees table. Proposers shall use the space provided below to describe any operational efficiencies and cost savings that could be provided if awarded multiple components of Service. Page 77 or 102 Exhibit F Page 95 of 99 City of Fort Worth Request for Proposal 23-0003 Drop -Off Station and Special Event Collection Form 9.2 - Costs for Pedestrian Area Container Service Three (3) Year Initial Term Proposers shall fill out the following if they have indicated in Form 1 that they would provide the Pedestrian Area Container component of Service on a standalone basis. Proposers shall clearly indicate any areas of that are left intentionally blank. Proposers shall leave any areas that are not included in the RFP Submission blank, and clearly indicate any areas of the form that are left intentionally blank. Proposer shall indicate prices for servicing Pedestrian Area Containers on a standalone basis as required by the City pursuant to Section 8.2.5(1). Pedestrian Area Container Service Proposed Fees' Services per Week 1 2 3 4 5 On -Call Pedestrian Area $ $ $ $ $ $ Containers No Bid No Bid No Bid No Bid No Bid No Bid Notes: 1. Proposers shall provide the per -container per week rate for Pedestrian Area Containers if they have indicated this component of Service is included in the RFP Submission in Form 1. 2. Proposers shall provide the cost for on -call service on a per -container basis. Page 78 of 102 Exhibit F Page 96 of 99 City of Fort Worth Request for Proposal 23-0003 Drop-off Station and Special Event Collection Form 9.3 - Costs for Drop -Off Station and Special Event Collection Service Seven (7) Year Initial Term This form will be used to evaluate costs and pricing. This form must be in a separate sealed envelope inside the main package marked "FORM 9: COST PROPOSAL FORM — 7 Year". Please do not include pricing within the bid response documents whatsoever. Proposers shall fill out the following for each component of Service for which the Proposer is including in their RFP Submission as indicated in Form 1. Proposers should complete the following based on the applicable component of Service included in the RFP Submission. Proposers shall leave any areas that are not included in the RFP Submission blank, and clearly indicate any areas of the form that are left intentionally blank. The Drop -Off Station and Special Event Proposed Fees table is provided for Proposers to indicate the unit prices for servicing Drop -Off Centers and managing Special Event Material. Proposers shall provide the rate on a dollar per -pull basis pursuant to Section 8.1.1(1). Drop -Off Station and Special Event Proposed Fees' Drop -Off Station (Per Haul) SELF Material Fort Worth Recovery Facility C&D Landfill Brennan Drop -Off Station (1) $146.00 $146.00 I $146.00 Southeast Drop -Off Station (2) $134.00 $134.00 $134.00 Old Hemphill Road Drop -Off Station (3) $146.00 $146.00 $146.00 Hilishire Drop -Off Station (4) $184.00 $184.00 $184.00 Environmental Collection Center (5) $146.00 $146.00 1 $146.00 Notes: 1. Proposers shall provide the per -pull rate from each Drop -Off Station to each Facility. Proposers must provide a price for each Facility consistent with the Drop -Off Stations that are included in the RFP Submission as indicated in Form 1. 2. Numbers indicated by each Drop -Off Station are consistent with the number shown in Form 9.2. Proposer shall indicate the unit prices for providing container exchanges as required by the City pursuant to Section 8.2.5(2) on a per container exchange basis. Container Exchange Services Proposed Fees Component of Service Proposed Fees Unit 1. Container Exchange (Vehicle on -site) $75.00 Per Container 2. Container Exchange (Vehicle off -site) $100.00 Per Container 3. Rental Equipment' $TBD Per Container Notes: 1. Proposers shall provide any additional fees associated with rental equipment. Proposer shall indicate prices for servicing Pedestrian Area Containers as required by the City pursuant to Section 8.2.5(1). Pedestrian Area Container Service Proposed Fees' Services per Week 1 2 3 4 5 On -Call Pedestrian Area $ No Bid $ No Bid $ No Bid $ No Bid $ No Bid $ No Bid Containers Notes: 1. Proposers shall provide the per -container per week rate for Pedestrian Area Containers if they have indicated this component of Service is included in the RFP Submission in Form 1. 2. Proposers shall provide the cost for on -call service on a per -container basis. Page 79 of 102 Exhibit F Page 97 of 99 City of Fort Worth Request for Proposal 23-0003 Drop -Off Station and Special Event Collection Form 9.3 — Combination of Components of Service Cost Saving Opportunities Seven (7) Year Initial Term Proposers shall complete the Drop -Off Station Cost Saving Opportunities table and space provided below to indicate the cost savings on a percentage basis compared to the proposed fees that could be provided to the City K awarded multiple components of Service. The following cost savings opportunities do not include service of the ECC, container exchange, or Pedestrian Area Container service. Drop -Off Station Combination Cost Saving Opportunities' Drop -Off Station Combinations Cost Savings Two Drop -Off Stations 1 & 2 % N/A 1 & 3 % N/A 1 & 4 % N/A 2 & 3 % N/A 2 & 4 % N/A 3 &4 %WA Three Drop -Off Stations 1,2&3 %N/A 1,3&4 %N/A 1,2&4 %N/A 2, 3 & 4 % N/A All Drop -Off Stations 1,2,3&4 %N/A 1. Numbers provided correspond to the numbers assigned in the Drop - Off Station and Special Event Proposed Fees table. Proposers shall use the space provided below to describe any operational efficiencies and cost savings that could be provided if awarded multiple components of Service. WM's Proposal is contingent on being awarded ALL Drop Off Station Locations Page 80 of 102 Exhibit F Page 98 of 99 City of Fort Worth Request for Proposal 23-0003 Drop -Off Station and Special Event Collection Form 9.4 - Costs for Drop -Off Station and Special Event Collection Service Seven (7) Year Initial Term Proposers shall fill out the following if they have indicated in Form 1 that they would provide the Pedestrian Area Container component of Service on a standalone basis. Proposers shall clearly indicate any areas of that are left intentionally blank. Proposers shall leave any areas that are not included in the RFP Submission blank, and clearly indicate any areas of the form that are left intentionally blank. Proposer shall indicate prices for servicing Pedestrian Area Containers as required by the City pursuant to Section 8.2.5(1). Pedestrian Area Container Service Proposed Fees' Services per Week 1 2 3 4 5 On -Call Pedestrian Area $ $ $ $ $ $ Containers No Bid No Bid No Bid No Bid No Bid No Bid Notes: 1. Proposers shall provide the per -container per week rate for Pedestrian Area Containers if they have indicated this component of Service is included in the RFP Submission in Form 1. 2. Proposers shall provide the cost for on -call service on a per -container basis. Page 81 of 102 Exhibit F Page 99 of 99 VERIFICATION OF SIGNATURE AUTHORITY Waste Management of Texas, Inc. 520 E. Corporate. Suite 100 Lewisville, TX 75067 Execution of this Signature Verification Form ("Form") hereby certifies that the following individuals and/or positions have the authority to legally bind Contractor and to execute any agreement, amendment or change order on behalf of Contractor valued at no more than S 1.5 million per year or no more than $4.5 million over the life of the Agreement. Such binding authority has been granted by proper order, resolution, ordinance or other authorization of Contractor. City is fully entitled to rely on the warranty and representation set forth in this Form in entering into any agreement or amendment with Contractor. Contractor will submit an updated Form within ten (10) business days if there are any changes to the signatory authority. City is entitled to rely on any current executed Form until it receives a revised Form that has been properly executed by Contractor. 1. Name: Rick Losa Position: Plic ector tutions Director ti Signature 2. Name: Position: Signature 3. Name: Position: Signature Name: oewt--�� Signature of President - Waste Management of Texas, Inc. Date: S ' ` 2-3 l �ddOR 0 Pape t of 1 SPECIAL EVENTS 1. Concerts in the Garden — Mav/June/July (Can vary) a. Held at the Fort Worth Botanic Garden 2. Cowtown Great American Cleanup — March a. City wide neighborhood clean-up event 3. Litter Stomp — October a. City wide neighborhood clean-up event 4. Neihborhood Litter & Cleanup Events — Several per vear. planned in advance S. Special Events by Reauest a. Under the terms of the Agreement, other Special Events may be added by request by City upon giving Contractor at least thirty (30) days advance written notice of the location, date and duration of the Special Event, the number and size of waste containers needed, the frequency of service, and agreement by the parties as to the prices Contractor shall charge and the City shall pay for such services and equipment. Exhibit H Page t of t City of Fort Worth, Texas Mayor and Council Communication DATE: 02/28/23 M&C FILE NUMBER: M&C 23-0149 LOG NAME: 13PRFP 23-0003 DROP-OFF STATION & SPECIAL EVENT COLL. MC CODE SUBJECT (ALL) Authorize the Execution of a Services Agreement with Waste Management of Texas, Inc., for Transport Services for Waste and Recyclables from City Drop -Off Stations and Special Event Collection in an Estimated Annual Amount of $1,102,865.00 for an Initial Seven -Year Term for the Code Compliance Department RECOMMENDATION: It is recommended that the City Council authorize the execution of a services agreement with Waste Management of Texas, Inc., for transport services for waste and recyclables from City drop-off stations and special event collection in an estimated annual amount of $1,102,865.00 for an initial seven-year term for the Code Compliance Department. DISCUSSION: The Code Compliance Department approached the Purchasing Division to procure an agreement for transportation of waste and recyclables from the City of Fort Worth (City) drop-off stations to dispose at processing facilities, and for transportation of waste and/or recyclables generated and placed in open top containers at special events in the City. In order to procure these services, Purchasing staff issued Request for Proposal (RFP) No. 23-0003. The RFP consisted of detailed specifications describing the vendor responsibilities, transportation and other requirements in order to perform the services. The RFP was advertised in the Fort Worth Star -Telegram on November 2, 2022, November 9, 2022, November 16, 2022, November 23, 2022, November 30, 2022, and December 7, 2022. Two responses were received. An evaluation panel consisting of representatives from the Code Compliance, Property Management and Diversity and Inclusion departments evaluated and scored the responses using Best Value criteria. After the initial evaluation meetings, the firms were interviewed on January 9, 2023 and the City requested a Best and Final Offer (BAFO) which resulted in no changes to the prices submitted by each of the Bidders in their initial responses. The individual scores were averaged for each of the criteria and the final scores are listed in the table below. Evaluation Criteria Bidders a b c d e f Total Score Waste Management of Texas, Inc. 6.00 6.50 j 9.00 2.50 2.50 55.00 j 81.50 Allied Waste Services of Fort E i Worth, LLC dba Republic 6.00 6.50 8.25 2.50 2.50 14.27 40.02 Services Best Value Criteria: a. Preferred Minimum Requirements b. Experience and Qualifications c. Proposed Approach d. Exceptions e. Financial and Litigation History f. Cost of Service After evaluation, the panel concluded that Waste Management of Texas, Inc. presents both the best value and the necessary coverage for the City. Therefore, the panel recommends that Council authorize agreements with Waste Management of Texas, Inc. No guarantee was made that a specific amount of services would be purchased. Staff certifies that the recommended vendor bid met specifications. FUNDING: The estimated cost for these services for Year One of the contract is $1,102,865.00, however, the actual amount used will be based on the need of the department and available budget. The estimated value of this contract over the seven-year initial term is $9,459,100.00. The estimated contract amount does not constitute a not to exceed limit on the contract, as the unit prices paid to Waste Management of Texas, Inc. are adjusted annually by the cost adjustment, growth of the City, storm events and other variable factors. Funding is budgeted in the Other Contractual Services account of the Code Compliance Department's rollup within the Solid Waste Fund. BUSINESS EQUITY: Waste Management of Texas, Inc. is in compliance with the City's Business Equity Ordinance by submission of the prime contractor waiver form. The City's Business Equity Goal on this project is 25%. AGREEMENT TERMS: Upon City Council approval, the Department will finalize an agreement that will begin on April 1, 2023 and expire on March 31, 2030 (initial term). The agreement may be extended for up to seven years following expiration of the initial term. ADMINISTRATIVE CHANGE ORDER: An administrative change order or increase may be made by the City Manager up to the amount allowed by relevant law and the Fort Worth City Code and does not require specific City Council approval as long as sufficient funds have been appropriated. EXEMPT PROCUREMENT: The City Attorney's Office has determined that solid waste services may be exempt from competitive bidding under the provisions of Chapter 252 of the Texas Local Government Code as necessary to preserve or protect the public health or safety of the municipality's residents. Nevertheless, the City chose to voluntarily procure this agreement through the competitive process, as allowed, to ensure the City receives a fair and equitable contract. A Form 1295 is not required because: This contract will be with a publicly -traded business entity or a wholly -owned subsidiary of a publicly -traded business entity: Waste Management, Inc. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that upon approval of the recommendation, funds are available in the current operating budget, as appropriated, in the Solid Waste Fund. Prior to an expenditure being incurred, the Code Compliance Department has the responsibility to validate the availability of funds. Submitted for Citv Manaaer's Office bv: Reginald Zeno 8517 Valerie Washington 6192 Oriainatina Business Unit Head: Additional Information Contact: Expedited Reginald Zeno 8338 Brandon Bennett 6322 Jo Ann Gun 8525 Maria Canoura 2526 CS0 RECID MAY 23'2 3 PH1:45 Murphy, Brenda From: Navarro, Jennifer M Sent: Tuesday, May 16, 2023 12:24 PM To: Austria, Christopher K; Keezell, James Cc: Washington, Valerie R; Murphy, Brenda Subject: RE: Dos contract James, This contract has been signed by Chris and routed to Valerie in CMO. Thank you, Jennifer Navarro Legal Assistant Chris Austria and Jessika Williams, City of Fort Worth City Attorney's Office 200 Texas Street Fort Worth, TX 76102 Office Phone: 817-392-7638 Jennifer.M.Navarro(i�fortworthtexas.2ov City, of Fort Worth — Working together to build a strong community. Irl FORT WORTH. Follow Fort Worth 0 f�+ RECIPIENTS - PLEASE CONTACT ME PRIOR TO FORWARDING MESSAGES DESIGNATED AS ATTORNEY -CLIENT COMMUNICATIONS. This e-mail and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to which they are addressed. This communication may contain material protected by the attorney -client privilege. If you are not the intended recipient or the person responsible for delivering the e-mail to the intended recipient, be advised that you have received this e-mail in error and that any use, dissemination, forwarding, printing, or copying of this e-mail is strictly prohibited. If you have received this e-mail in error, please immediately notify Jennifer Navarro at the City of Fort Worth City Attorney's Office (817) 392-7638. From: Navarro, Jennifer M Sent: Monday, May 15, 2023 2:26 PM To: Austria, Christopher K <Christopher.Austria@fortworthtexas.gov>; Keezell, James <James.Keezell@fortworthtexas.gov> Subject: RE: Dos contract Chris, This contract has been placed in your office. Thank you, Jennifer Navarro Legal Assistant Chris Austria and Jessika Williams, City of Fort Worth City Attorney's Office 200 Texas Street Fort Worth, TX 76102 Office Phone: 817-392-7638 Jennifer.M.Navarro a,fortworthtexas.Rov City of Fort Worth — Working together to build a strong community. tORT NORTH. Ir"00, Follow Fort Worth RECIPIENTS - PLEASE CONTACT ME PRIOR TO FORWARDING MESSAGES DESIGNATED AS ATTORNEY -CLIENT COMMUNICATIONS. This e-mail and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to which they are addressed. This communication may contain material protected by the attorney -client privilege. If you are not the intended recipient or the person responsible for delivering the e-mail to the intended recipient, be advised that you have received this e-mail in error and that any use, dissemination, forwarding, printing, or copying of this e-mail is strictly prohibited. If you have received this e-mail in error, please immediately notify Jennifer Navarro at the City of Fort Worth City Attorney's Office (817) 392-7638. From: Austria, Christopher K <Christopher.Austria@fortworthtexas.gov> Sent: Monday, May 15, 2023 1:24 PM To: Keezell, James <James.Keezell(c@fortworthtexas.gov> Cc: Navarro, Jennifer M <Jennifer. M. Navarro @fortworthtexas.gov> Subject: Re: Dos contract I'm not at the office, but you can leave it with my assistant. I can sign it tomorrow Get Outlook for iOS From: Keezell, James <James.Keezell@fortworthtexas.gov> Sent: Monday, May 15, 2023 12:58:33 PM To: Austria, Christopher K <Christopher.Austria@fortworthtexas.gov> Subject: Dos contract