HomeMy WebLinkAboutContract 61707CSC No. 61707
FORT WORTH,
NON-EXCLUSIVE VENDOR SERVICES AGREEMENT
This NON-EXCLUSIVE VENDOR 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 TOR TEXAS, LLC dba THE
ORGANIC RECYCLER OF TEXAS ("Vendor"), a Texas limited liability company, 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 Non -Exclusive Vendor Services Agreement;
2. Exhibit A — Scope of Services;
3. Exhibit B — Price Schedule;
4. Exhibit C — City of Fort Worth Bid Solicitation (ITB/RFP No. 24-0133)
5. Exhibit D — Vendor's Response to City of Fort Worth ITB/RFP No. 24-0133.
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, D and E and the terms and conditions set forth in the body of this Agreement, the terms and conditions
in the body of this Agreement shall control.
1. Scope of Services. Vendor shall provide the City with organic waste processing services
("Services"), which are set forth in more detail in Exhibit "A," which is attached hereto and incorporated
herein for all purposes. Vendor understands and agrees that the City will award non-exclusive agreements
to multiple vendors to provide organic waste processing services to the City. Vendor further understands
and agrees that the City makes no promise or guarantee of the total amount of work that will be assigned to
Vendor pursuant to this Agreement.
2. Term. The initial term of this Agreement is for five year(s), beginning on the date that this
Agreement is executed by the City's Assistant City Manager ("Effective 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 two five-year renewal option(s) (each
a "Renewal Term").
3. Comnensation.
3.1 Total compensation payable during the first year of the Initial Term to all vendors who are
awarded a non-exclusive agreement is an estimated amount of Eight Hundred Twenty -
OFFICIAL RECORD
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Five Thousand Dollars ($825,000.00).
3.2 City will pay Vendor in accordance with the Prompt Payment Act (Chapter 2251 of the
Texas Government Code) and provisions of this Agreement, including Exhibit `B," which
is attached hereto and incorporated herein for all purposes.
3.3 Vendor 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 Vendor not
specified by this Agreement unless City first approves such expenses in writing.
4. Citv's Resuonsibilities: The City agrees to perform the following duties:
4.1 Designate a City representative to provide timely direction to the Vendor and render City
decisions
4.2 Timely review and respond, if necessary, to reports submitted by Vendors;
4.3 Monitor the Personnel, Equipment, and Vehicle Standards as described in the terms of this
Agreement;
4.4 Inform Vendor of complaints made by City Collectors in a timely manner;
4.5 Work with Vendor and City Collector to resolve customer services issues; and
4.6 Determine and assess liquidated damages as determined by the Director.
5. Inspection Rights. The City or any of its duly authorized representatives reserves the right to
inspect Vendor's facilities and equipment, as the City deems reasonably necessary, to verify compliance
with the terms of the Agreement either on a continuing or random inspection basis. The City shall conduct
the inspection of facilities and equipment during regular hours of operation. The Vendor shall make
available to the City all reasonable assistance to facilitate performance of inspections.
6. Termination.
6.1 Written Notice. City or Vendor may terminate this Agreement at any time and for any
reason by providing the other party with 60 days' written notice of termination.
6.2 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 Vendor 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.
6.3 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior
to the Expiration Date, City will pay Vendor for services actually rendered up to the
effective date of termination and Vendor 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, Vendor will provide City
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with copies of all completed or partially completed documents prepared under this
Agreement. In the event Vendor has received access to City Information or data as a
requirement to perform services hereunder, Vendor will return all City provided data to
City in a machine-readable format or other format deemed acceptable to City.
7. Non -Performance and Liquidated Damages.
7.1 Purpose. For the purpose of computing damages for a Vendor's failure to remedy an action
or inaction listed below, it is agreed that the City may deduct from payments due to Vendor
or to become due to Vendor. 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:
7.1.1 Failure to submit accurate reports, including monthly, quarterly, annual,
employment reports and others as specified in any this Agreement: two hundred
dollars ($200.00) per occurrence
7.1.2 Failure to maintain a staffed office during specified hours: two hundred dollars
($200.00) per occurrence.
7.1.3 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: two hundred fifty dollars
($250.00) per occurrence.
7.1.4 Failure of Vendor 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: two hundred ten dollars per incident
($210.00).
7.1.5 Failure to notify the City of damage to City -owned or private property within
twenty-four (24) hours: five hundred dollars ($500.00) per incident.
7.1.6 Failure to accept and process Acceptable Organic Materials during the days and
times specified in this Agreement without prior approval by the Authorized City
Representative: Two hundred and fifty dollars ($250.00) per hour, up to two
thousand five hundred dollars ($2,500.00) per day.
7.1.7 Failure to achieve average vehicle turnaround time in accordance with this
Agreement: one hundred twenty-five dollars ($125.00) per vehicle in excess of
average vehicle turnaround time on such day.
7.1.8 Failure to maintain scalehouse in accordance with this Agreement: two hundred
dollars ($200.00) per day.
7.1.9 Failure to process Acceptable Organic Materials in accordance with this
Agreement: one thousand dollars ($1,000.00) per occurrence.
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7.1.10 Failure to adequately control litter, odor, and other nuisances in accordance with
this Agreement: one hundred dollars ($100.00) per hour per instance.
7.1.11 Failure to store material, both incoming and processed in accordance with this
Agreement one hundred dollars ($100.00) per hour per instance.
7.1.12 Failure to contain all incoming, pre-processed materials within the Composting
Facility area and storing processed materials in accordance with this Agreement:
one hundred dollars ($100.00) per hour per instance.
7.1.13 Disposal of Acceptable Organic Materials or Market -Ready Products by the
Vendor or its subcontractor(s)(s): five hundred dollars ($500.00) per occurrence.
7.2 Chronic Failure. Failure to remedy any of the damages listed in this section or inaction
may be grounds for termination of this Agreement. Chronic failure shall mean three or
more instances.
8. Comnlaints. City shall supply on a daily basis to the Vendor an electronic work order outlining
all complaints on days in which complaints are received by the City. The work order will indicate
the date and hour of inquiry or complaint receipt, complainant's name, address and phone number,
the nature of the complaint, and the City's contact by whom complaint or inquiry was received.
Upon resolution of the complaint, the Vendor will close out the work order and re -submit to the
City. The closed work order will include: (1) Date, time, and action taken to resolve the complaint;
and (2) Name of the person responsible to answer the complaint.
9. Uncontrollable Circumstance.
9.1 Uncontrollable Circumstance affecting Comnanv's Obligations. Vendor shall be excused
for the failure to perform its obligations under the terms of this Agreement if such failure
results from the occurrence of an Uncontrollable Circumstance. The Company 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.
9.2 Notice of an Uncontrollable Circumstance. Vendor shall provide verbal notice of an
Uncontrollable Circumstance to the Director within twenty-four (24) hours of the Vendor's
knowledge of such Uncontrollable Circumstance and Vendor shall follow up with written
notification within three (3) Days of the Vendor's knowledge of such Uncontrollable
Circumstance. Such notice shall, at a minimum, set forth the following (to the extent then
known or available, or if not, as soon as practicable thereafter, a separate notice shall
provide such information not provided in the first notice):
9.2.1 A description of the Uncontrollable Circumstance that has occurred;
9.2.2 the effect, if any, or such Uncontrollable Circumstance on Vendor's performance
or other obligations under this Contract; and
9.2.3 the time when the Uncontrollable Circumstance will be abated.
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9.3 Reinstatement of Abilitv to Perform. After the resolution of an Uncontrollable
Circumstance and the restoration of the Services, the Vendor shall provide written notice
of a reinstatement of services. The City shall reinstate (or shall cause reinstatement of)
unless this Contract shall have been previously terminated as provided herein.
9.4 Termination Due to Uncontrollable Circumstance. Neither Company 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. If such Uncontrollable Circumstance
persists for more than thirty (30) consecutive Days, or if after the Uncontrollable Event's
cessation, the Company 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.
10. Disclosure of Conflicts and Confidential Information.
10.1 Disclosure of Conflicts. Vendor hereby warrants to City that Vendor has made full
disclosure in writing of any existing or potential conflicts of interest related to Vendor's
services under this Agreement. In the event that any conflicts of interest arise after the
Effective Date of this Agreement, Vendor hereby agrees immediately to make full
disclosure to City in writing.
10.2 Confidential Information. Vendor, 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.
10.3 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 Vendor. It will be the responsibility of Vendor 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.
10.4 Unauthorized Access. Vendor 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. Vendor 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, Vendor 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.
11. RiLyht to Audit. Vendor 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 Vendor involving transactions relating
to this Agreement at no additional cost to City. Vendor agrees that City will have access during normal
working hours to all necessary Vendor facilities and will be provided adequate and appropriate work space
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in order to conduct audits in compliance with the provisions of this section. City will give Vendor
reasonable advance notice of intended audits.
12. Independent Contractor. It is expressly understood and agreed that Vendor 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, Vendor 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, Vendors,
and subcontractors. Vendor acknowledges that the doctrine of respondeat superior will not apply as
between City, its officers, agents, servants and employees, and Vendor, its officers, agents, employees,
servants, contractors, and subcontractors. Vendor further agrees that nothing herein will be construed as
the creation of a partnership or joint enterprise between City and Vendor. It is further understood that City
will in no way be considered a Co -employer or a Joint employer of Vendor or any officers, agents, servants,
employees, contractors, or subcontractors. Neither Vendor, nor any officers, agents, servants, employees,
contractors, or subcontractors of Vendor will be entitled to any employment benefits from City. Vendor
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, or contractors.
13. Liability and Indemnification.
13.1 LIABILITY- VENDOR WILL BE LIABLE AND RESPONSIBLE FOR ANYAND ALL
PROPERTYLOSS, PROPERTYDAMAGEAND PERSONAL INJURY, INCLUDING,
INCLUDING, BUT NOT LIMITED TO, DEATH, TO ANY AND ALL PERSONS, OF
ANYKIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT
CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR
INTENTIONAL MISCONDUCT OF VENDOR, ITS OFFICERS,
REPRESENTATIVES, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR
SUBCONTRACTORS.
13.2 GENERAL INDEMNIFICATION- VENDOR HEREBY COVENANTSAND AGREES
TO INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS OFFICERS,
AGENTS, REPRESENTATIVES, SERVANTS, AND EMPLOYEES, FROM AND
AGAINST ANY AND ALL CLAIMS OR LAWSUITS OF ANY KIND OR
CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY
DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO VENDOR'S
BUSINESS AND ANY RESULTING LOST PROFITS) AND PERSONAL INJURY,
INCLUDING, BUT NOT LIMITED TO, DEATH, TO ANY AND ALL PERSONS,
ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE
EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR
MALFEASANCE OF VENDOR, ITS OFFICERS, AGENTS, REPRESNTATIVES,
SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS.
13.3 INTELLECTUAL PROPERTY INDEMNIFICATION — Vendor agrees to defend,
settle, or pay, at its own cost and expense, any claim or action against City for
infringement of any patent, copyright, trade mark, trade secret, or similar property
right arising from City's use of the software 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
Vendor bears the cost and expense of payment for claims or actions against City
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pursuant to this section, Vendor 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 Vendor 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, Vendor will fully participate and cooperate
with City in defense of such claim or action. City agrees to give Vendor timely 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 Vendor'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, Vendor 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 documentation with equally suitable, compatible, and functionally
equivalent non -infringing software and documentation at no additional charge to
City; or (d) if none of the foregoing alternatives is reasonably available to Vendor
terminate this Agreement, and refund all amounts paid to Vendor by City,
subsequent to which termination City may seek any and all remedies available to City
under law.
14. Assignment and Subcontracting.
14.1 Assignment. Vendor 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 Vendor under
which the assignee agrees to be bound by the duties and obligations of Vendor under this
Agreement. Vendor will be liable for all obligations of Vendor under this Agreement prior
to the effective date of the assignment.
14.2 Subcontract. If City grants consent to a subcontract, the subcontractor will execute a
written agreement with Vendor referencing this Agreement under which subcontractor
agrees to be bound by the duties and obligations of Vendor under this Agreement as such
duties and obligations may apply. Vendor must provide City with a fully executed copy of
any such subcontract.
15. Insurance. Vendor 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:
15.1 Coverage and Limits
15.1.1 Commercial General Liability:
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15.1.1.1 $1,000,000 - Each Occurrence
15.1.1.2 $2,000,000 - Aggregate Automobile Liability:
15.1.1.3 $1,000,000 - Each occurrence on a combined single limit basis
15.1.2 Coverage will be on any vehicle used by Vendor, 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.
15.1.3 Worker's Compensation: Statutory
Compensation Act or any other stat
15.1.4 Employers' liability
e
15.1.4.1 $100,000 - Bodily Injury by accident; each accident/occurrence
15.1.4.2 $100,000 - Bodily Injury by disease; each employee
15.1.4.3 $500,000 - Bodily Injury by disease; policy limit
15.1.5 Professional Liability (Errors & Omissions): ❑ Applicable ®J N/A
15.1.5.1 $1,000,000 - Each Claim Limit
15.1.5.2 $1,000,000 - Aggregate Limit
15.1.6 Professional Liability coverage may be provided through an endorsement to the
Commercial General Liability (CGL) policy, or a separate policy specific to
Professional E&O. Either is acceptable if coverage meets all other requirements.
Coverage must be claims -made, and maintained for the duration of the contractual
agreement and for two (2) years following completion of services provided. An
annual certificate of insurance must be submitted to City to evidence coverage.
15.2 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.
15.3 The workers' compensation policy must include a Waiver of Subrogation (Right of
Recovery) in favor of City.
15.4 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 City in accordance with the notice
provision of this Agreement.
15.5 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.
15.6 Any failure on the part of City to request required insurance documentation will not
constitute a waiver of the insurance requirement.
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15.7 Certificates of Insurance evidencing that Vendor has obtained all required insurance will
be delivered to the City prior to Vendor proceeding with any work pursuant to this
Agreement.
16. Performance Security
16.1 Performance Bond. Vendor agrees to make, execute and deliver to the City a performance
bond to secure the full, complete and faithful performance of the terms and conditions.
Such performance bond shall be in an amount based in the amount of Four Hundred Twelve
Thousand Five Hundred Dollars ($412,500.00) for this Agreement and shall be renewed
each year thereafter throughout the term of this Agreement. The performance bond shall
be signed by an authorized representative of the Vendor. 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 Vendor
and the City.
16.2 Form and Content. The Performance Bond must be in form and content acceptable to the
City Attorney and annual documentation is required in the form of written certification
from the surety company or banking institution that the said Performance Bond remains in
effect each year of the Agreement. In the event that the Performance Bond will cease to be
in effect, the surety company or banking institution and Vendor shall notify the City at least
thirty (30) Days in advance of lapse, and Vendor shall make, execute and deliver to the
City a good and sufficient Performance Bond as described above and in the amount named
above no less than ten (10) Days in advance of lapse of coverage.
17. Compliance with Laws. Ordinances. Rules and Regulations. Vendor 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
Vendor of any violation of such laws, ordinances, rules or regulations, Vendor must immediately desist
from and correct the violation.
18. Non -Discrimination Covenant. Vendor, for itself, its personal representatives, assigns,
contractors, subcontractors, and successors in interest, as part of the consideration herein, agrees that in the
performance of Vendor'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 VENDOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, CONTRACTORS,
SUBCONTRACTORS, OR SUCCESSORS IN INTEREST, VENDOR AGREES TO ASSUME
SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS
FROM SUCH CLAIM.
19. 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:
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To CITY:
City of Fort Worth
Attn: Assistant City Manager
200 Texas Street
Fort Worth, TX 76102-6314
Facsimile: (817) 392-8654
With copy to Fort Worth City Attorney's Office at
same address
To VENDOR:
TOR Texas, LLC dba The Organic Recycler
Tim Sansone, Managing Partner
4825 Forest Hill Circle
Forest Hill, TX 76140
Facsimile:
20. Solicitation of Emulovees. Neither City nor Vendor 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 person's 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.
21. 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.
22. No Waiver. The failure of City or Vendor 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 Vendor's
respective right to insist upon appropriate performance or to assert any such right on any future occasion.
23. Governine 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.
24. 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.
25. Force Maieure. City and Vendor 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 Party'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.
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26. 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.
27. 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.
28. 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.
29. Counteruarts. 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.
30. Warranty of Services. Vendor 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 Vendor's option, Vendor
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 Vendor for the nonconforming services.
31. Immigration Nationalitv Act. Vendor 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, Vendor will provide City with copies of all I-9 forms and
supporting eligibility documentation for each employee who performs work under this Agreement. Vendor
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 Vendor employee who is not legally eligible to perform such services.
VENDOR WILL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES,
LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY VENDOR,
VENDOR'S EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR AGENTS. City, upon
written notice to Vendor, will have the right to immediately terminate this Agreement for violations of this
provision by Vendor.
32. Ownership 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, Vendor 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.
33. Signature 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
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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 Vendor. Each party is
fully entitled to rely on these warranties and representations in entering into this Agreement or any
amendment hereto.
34. Change in Comvanv Name or Ownership. Vendor 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 Vendor 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.
35. No Bovcott of Israel. If Vendor has fewer than 10 employees or this Agreement is for less
than $100,000, this section does not apply. Vendor 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. By signing this Agreement,
Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1)
does not boycott Israel; and (2) will not boycott Israel during the term of the Agreement.
36. Prohibition on BovcottinL, EnerLv Companies. Vendor acknowledges that in accordance with
Chapter 2276 of the Texas Government Code, 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 Vendor that it: (1) does not boycott energy companies; and (2) will not boycott energy companies
during the term of this Agreement. To the extent that Chapter 2276 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: (1) does not boycott energy companies; and (2) will not boycott energy
companies during the term of this Agreement.
37. Prohibition on Discrimination Against Firearm and Ammunition Industries. Vendor
acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, 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 Vendor 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. 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: (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.
38. 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.
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39. Entirety of Agreement. This Agreement contains the entire understanding and agreement between
City and Vendor, 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 follows)
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective on
the date executed by the Assistant City Manager.
City:
BY A4_1j 50
Name: Valerie Washington
Title: Assistant City Manager
Date: July 16, 2024
Vendor:
By''?.. ,--- ---- EDT)
Name: Tim Sansone
Title: Managing Partner
Date: 7-14-2024
FOR CITY OF FORT WORTH INTERNAL PROCESSES:
Approval Recommended:
By: 9-11---14e22
Name: James Keezell
Title: Environmental Services Assistant Director
Approved as to Form and Legality:
By: A,
Name: Kevin Anders
Title: Assistant City Attorney
Contract Authorization:
M&C: M&C24-0587 6/25/24
Form 1295: 2024-1138061
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:
( .�L 9YCL/J/jO?2
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Name:
Christian Harper
Title:
Contract Service Administrator
City Secretary:
By:
Name: Jannette Goodall
Title: City Secretary
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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EXHIBIT A
SCOPE OF SERVICES
1. General Matters
1.1 Vendor shall receive all Acceptable Organic Waste delivered to Vendor's
Composting Facilities by the City's curbside hauler, the City's residential drop-off
customers, and the City's maintenance drop-off customers.
1.2 Vendor shall process all Acceptable Organic Waste received from City sources to
produce Market -Ready Products.
1.3 Vendor shall Market the Market -Ready Products to end users.
2. Accepted Waste Types and Sources. Vendor shall accept and process Acceptable
Organic Materials hauled to the Composting Facility by the City's residential collection service contractor.
3. Composting Facilities. Vendor shall receive and process all Acceptable Organic Waste at
the Composting Facility located at 5100 Forest Hill Circle, Forest Hill, Texas 76140. If the City and Vendor
agree on a new composting facility, it must be within twenty (20) miles of the intersection of Interstate
Highway 30 and Interstate Highway 35W.
4. Days and Hours of Operation. Vendor shall operate the Composting Facility Monday
through Friday, 7:00 a.m. to 5:00 p.m. Central Time and Saturday from 7:00 a.m. to 2:00 p.m. Vendor shall
extend the hours of operations to accept materials from the City's Residential Collection Services
contractor upon forty-eight (48) hour notice being delivered by the City to Vendor. Vendor shall adjust its
Saturday operating schedule as necessary to account for City collection days missed due to holidays.
5. Holidays. Vendor shall not be obligated to provide Services on New Year's Day (January
I"), Thanksgiving Day (the fourth Thursday in November) and Christmas Day (December 25`h). Vendor
shall revise its Saturday operating schedule on the calendar week of a holiday to make the Composting
Facilities available to receive Acceptable Organic Materials from the City's residential and drop-off station
collection service contractor.
6. Minimum Processing Requirements. Vendor shall provide sufficient infrastructure,
equipment, tools, instruments, supplies, and labor to operate and maintain all Composting Facilities with
sufficient capacity to receive and process all Acceptable Organic Waste provided by the City or the City's
residential collections services contractor in accordance with this Agreement and all applicable laws to
produce Market -Ready Products for distribution.
7. Market -Ready Product Sales. Vendor shall Market all Market -Ready Products produced
through processing of City -provided Acceptable Organic Materials under this Agreement. City may
purchase Market -Ready Products from Vendor at the price shown in Exhibit `B", subject to availability.
8. Disposal of Acceptable Organic Waste or Market-Readv Products. Vendor shall not
dispose of any Acceptable Organic Materials to end users that it knows, or reasonably anticipates, will
dispose of such materials without prior written approval from the City's Authorized Representative. If
Vendor cannot Market its Market -Ready Materials, it shall not use them for any form of landfill cover.
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9. Disposal of Residue and Contamination. Vendor may dispose of residue and
contamination from the processing of Acceptable Organic Materials at the Southeast Landfill. Vendor and
the City agree that Kraft Bags are not a contaminant.
10. Priority Access and Vehicle Turnaround Time. Vendor shall operate the Composting
Facility to maintain a daily average vehicle turnaround time of twenty (20) minutes or less for all vehicles
delivering Acceptable Organic Materials by or on behalf of the City. Vendor shall provide priority access
to all vehicles delivering Acceptable Organics Materials by or on behalf of the City to achieve the daily
average vehicle turnaround time requirements. Vehicle turnaround time shall be measured as follows: it
begins the vehicle is weighed at the scalehouse, and it ends when the vehicle departs from the gates of the
Composting Facility.
11. Scalehouse Requirements. Vendor shall install a scalehouse, as described in this section,
at its Composting Facility, within ninety (90) days of the effective date of this Agreement. Vendor's
Composting Facility shall be equipped with adequately sized vehicle scales and computerized
recordkeeping systems for weighing and recording all incoming and outgoing vehicles. Vendor shall
operate and maintain the scalehouse, including, but not limited to, the scales at the scalehouse. The
scalehouse is not required to be attended, but unattended scalehouses must, at a minimum, provide for
automated record keeping of incoming vehicles, provide incoming vehicles with access to live audio
communication with personnel at the Composing Facility, and include video monitoring and recording
capabilities. Scales shall be tested and maintained as required by Applicable Law, but at a minimum, not
less than every 3 months.
12. Storage of Materials. Vendor shall store material, both incoming and processed, to
prevent putrification, prevent negative impact to maneuvering vehicles in the Composting Facility, and
ensure the safety of persons at the Composting Facility. All incoming, pre-processed materials shall be
contained within the tipping area, and therefore within the Composting Facility. Vendor shall maintain
adequate open tipping area space at all times for vehicles to unload in a safe and timely manner to meet the
vehicle turnaround time requirements set forth in this Agreement.
13. Ownership of Acceptable Organic Materials and Risk of Loss. Title to and risk of loss
of Acceptable Organic Materials will pass to Vendor once Vendor takes possession of the materials at the
Composting Facility upon unloading of Acceptable Organic Materials from a vehicle.
14. Unaccepted Loads
14.1 Designation and Reiection. If a load of material delivered to the Composting
Facility, by or on behalf of the City, contains more than five (5) percent, by weight, or
number of cubic yards, of materials other than Acceptable Organic Materials, Vendor may
designate the load as an Unaccepted Load. Vendor shall reject such Unaccepted Load prior
to the departure of the vehicle that delivers such Unaccepted Load from the Composting
Facility. Vendor may not designate a load as an Unaccepted Load for any other reason
unless mutually agreed upon in writing by the City.
14.2 Notice and Photographs. For any load designated as an Unaccepted Load, Vendor
must provide written notice and photographs of the Unaccepted Load, prior to the
collection vehicle departing the Composting Facility, to the driver of the vehicle, and to the
Authorized City Representative if the load is delivered by or on behalf of the City
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14.3 Disposal. For all Unaccepted Loads, Vendor shall manage handling of the
Unaccepted Load, including, but not limited to, loading, transporting and disposing of the
contents of the Unaccepted Load at the Southeast Landfill or other Disposal Facility as
directed by the City. For all Unaccepted Loads delivered by or on behalf of the City,
Contractor shall dispose of the Unaccepted Load as follows: (1) at the Southeast Landfill;
or (2) at another disposal site authorized to dispose of such waste, and charge the City the
fee incurred for disposal. For all Unaccepted Loads delivered by or on behalf of the City,
Vendor may charge the City based on the number of incoming Unaccepted Loads. Loads
containing less than five (5) percent contamination by weight shall not be designated as
Unaccepted Loads and Vendor shall be responsible to sort out the contaminants.
15. Litter, Odor, Noise and Other Nuisances
15.1 Noise. Vendor shall conduct equipment operations as quietly as possible and shall
conform to applicable federal, state, county and City noise level regulations.
15.2 Litter, Nuisances, and Erosion. Vendor shall pick up any and all litter caused by
the provision of Services and operate and maintain the Composting Facility and any
equipment in a manner that minimizes odors and noise. Vendor shall ensure nuisances are
not caused by Vendor's equipment, or by Vendor's employees or subcontractors while
performing services in connection with this Agreement. Vendor shall also take active
measures to control and minimize pests at the Composting Facility. Vendor shall properly
maintain all Acceptable Organic Materials received for processing in a neat and orderly
fashion in accordance with applicable permits, and so as to minimize erosion, dust runoff,
and stormwater runoff.
15.3 Odor Complaint. If Vendor receives an odor complaint related to the Vendor's
operation of the Composting Facility, Vendor shall investigate and respond to such odor
complaint within twenty-four (24) hours of receipt. If Vendor is unable to conduct the
investigation within twenty-four (24) hours of receipt of the complaint, Vendor shall notify
the Authorized City Representative.
16. Vendor Representative and Personnel Standards
16.1 Vendor Representative. The following standards are required for the Contractor's
representative:
(a) Vendor shall assign a qualified person or persons to oversee its operations
and performance of the Services, and shall provide the name, office telephone
number, mobile phone number, email address, and fax number of Vendor's
representatives and key personnel to the City. Such records shall be updated as
personnel or contact information changes.
(b) Vendor shall have a competent and reliable Vendor Representative on duty
at all times that is authorized to make decisions and act on its behalf. The Vendor
agrees that the City shall have twenty-four (24) hour access to the Vendor
Representative via non -toll call from the City. Answering machines, pagers or
other devices that do not provide for immediate contact with the Vendor
Representative(s) shall not meet these requirements.
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16.2 Personnel Standards: The following standards are required for all personnel and
employees of Vendor.
(a) Vendor shall hire and maintain qualified personnel to provide the Services.
Vendor is responsible for ensuring that all personnel are supplied with all
equipment and have obtained any training, licenses, or certifications required by
law to perform their work. For personnel operating commercial vehicles, Vendor
shall ensure such personnel have a valid Commercial Driver's License while
operating commercial vehicles in the City or in connection with this Agreement.
(b) Vendor shall provide regularly scheduled, on -going operating and safety
training for all employees. Such meetings shall be mandatory for all front-line and
supervisory personnel and held not less than one time per month. Training manuals
and schedules shall be maintained at the local office of Vendor and available for
review at any time by the City.
(c) Vendor 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 Services provided under this Agreement.
(d) All of Vendor's employees involved in the performance of this
Agreement, including office and all front-line personnel, shall be provided
adequate training before and during their employment with Vendor. This training
shall familiarize employees with the required duties, standards of performance, and
specific requirements of their roles. All front-line, administrative, supervisory and
customer service personnel shall receive customer service training prior to and
during the time they are employed by Vendor.
(e) Vendor shall use its best efforts to assure that all its employees present a
neat appearance and conduct themselves in a courteous manner. Vendor
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 of Vendor's employees are found not to be courteous
or not to be performing Service in the manner required under this Agreement,
Vendor shall take all appropriate corrective measures. If City has notified Vendor
of a complaint related for discourteous or improper behavior by Vendor's
employees, Vendor, at its sole discretion, will consider all options to resolve the
complaint, including, but not limited to, reassigning the employee to duties not
entailing contact with the public while Vendor is pursuing its investigation and
corrective action process.
(f) All employees of Vendor performing work under this Agreement shall be
uniformed, showing their association with Vendor. Employees or representatives
of Vendor shall not represent to any person that they are a representative or an
employee of the City.
(g) In performance of all Services, Vendor's employees shall adhere to
municipal, City, state and federal laws.
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17. Proverty Damage: Except for reasonable wear and tear, if Vendor, or any of its
employees or subcontractors, damages or removes the City's real or personal property, Vendor 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 Vendor an invoice stating the actual cost
of repairing or replacing the damaged property. Vendor shall provide payment to the City of the invoiced
amount within thirty (30) days of its receipt of said invoice. Should Vendor refuse to compensate the City
for the damage incurred, the invoiced amount shall be withheld from the amount payable to Vendor for
the Services. This provision does not waive or diminish the City's right to pursue any and all legal remedies
to collect for damages caused by Vendor and its employees or subcontractors. Vendor shall notify the
City of damage to City -owned or private property within twenty-four (24) hours of the damage occurring.
Notice of damage shall include a written explanation of the events causing the damage and photographs
of the damage.
18. Recordkeepin2 & Reporting
18.1 Availabilitv & Submittinia. Vendor shall create, maintain and make records as
defined in and/or required by Applicable Law on a daily, weekly, cumulative monthly, and
cumulative annual basis, and make the records available to the City upon request. Vendor
shall submit all reports in an electronic format (e.g., Excel, delimited text files) approved
by the Authorized City Representative. All monthly reports shall be submitted within
seven calendar days following the end of each calendar month.
18.2 Tvi)es of Information. Vendor shall create, maintain and make available records as
defined in and/or required by Applicable Law, and any reports reasonably necessary to:
(a) Identify all of Vendor's current employees, contractors, and
subcontractors.
(b) Document employee and subcontractor trainings by describing the training,
date of training, time of training, names of personnel who attended training, name
of training instructor, and other information related to training as requested by the
Authorized City Representative.
(c) Catalog all vehicles the City or its contractor sends to the disposal facility
including date, time, vehicle number, and tonnage.
(d) 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 required under the Agreement.
(e) Document loads delivered to the Composting Facility or other disposal
sites. This documentation shall include, at a minimum:
The time of delivery
• The tonnage or cubic yards of material delivered
• The City or Vendor vehicle number
• Unaccepted Loads by weight and date collected
• Other information as requested by the City's Authorized
Representative.
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(f) Document characterization audit and other information related to Market -
Ready Products as requested by City, including tonnages by commodity that align
with invoice requirements. A monthly summary shall also be submitted to the City.
18.3 Reporting Unaccented Loads. Before a vehicle with any load designated as an
Unaccepted Load departs the Composting Facility, Vendor shall provide the driver with
written notice and photographs. If the City delivers or is delivered on behalf of the City,
Vendor shall provide written notice to the driver and to the Authorized City Representative.
18.4 Ren_ ortin2 Complaints to the Citv. Within seven (7) days following receipt of a
complaint, the Vendor shall provide a written report on each complaint received to the
Authorized City Representative. The written report shall include a summary of Vendor's
investigation of the incident upon which the complaint was based, and actions taken by
Vendor to resolve the incident, including a plan for preventing a recurrence of the incident
in the future.
19. Unacceptable Waste. Vendor shall NOT knowingly accept, nor be required to accept for
Processing and/or Disposal, Unacceptable Waste. Vendor shall notify City's collector(s)
and the Director of the suspected Unacceptable Waste immediately and provide the
Director with a description of such waste. Vendor reserves the right to reject or revoke
acceptance of any Unacceptable Waste in accordance with Applicable Law.
20. Definitions. The following terms, as used in this Agreement, are defined as follows:
Acceptable Organic Materials shall mean Yard Waste, Brush, and the following items:
• Kraft bags with yard waste (Leaves, twigs, sticks, bamboo, etc.)
• Contents of yard carts (Leaves, twigs, sticks, bamboo, etc.)
• Small branches, sticks, bamboo, and twigs (can be loose or bundled if compliant to ordinance)
• Shrubs and dead plants
• Branches up to 8 feet long and 4 inches in diameter
• Seasonal Items:
o Real Christmas trees (unflocked, flocked, no lights or ornaments of any kind)
o Pumpkins
o Gourds
o Hay bales (tied with twine, no wires)
o Flowers/bouquets
• Logs
• Separated untreated, unpainted wood waste, including, but not limited to, lumber cut offs, wood
pallets, and wood fence panels (processed separately from tree waste; cannot be commingled with
tree waste)
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, Vendor, or the
performance by a party of its obligations hereunder.
Authorized City Representative shall mean the City individual(s) designated to make decisions related to
this Agreement, and serving as the point of communication between Vendor and the City.
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Brush shall mean shrub limbs, tree limbs (up to four (4) inches in diameter), tree trimmings resulting from
landscape maintenance and cleaning operations (other than an Unacceptable Commercial Pile), not
exceeding eight (8) feet in length, and not including Bulky Items.
Bulky Items shall mean furniture, Treated Wood, up to ten (10) cubic yards of construction and demolition
material generated by a residential customer (and not by a Commercial Service Provider) 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.
City shall mean the City of Fort Worth, Texas.
Commercial Drivers License shall mean a driver's license required to operate vehicles to perform the
Services in this Agreement.
Composting Facility shall mean the Vendor's Processing Facility, located at 5100 Forest Hill Circle, Forest
Hill, Texas 76140 whose activities include the physical and/or biological processing of Acceptable Organic
Materials to produce a Market -Ready Product.
Director shall mean the Director of the City of Fort Worth's Environmental Services Department
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.
Environmental Protection Agency shall mean the United States Environmental Protection Agency (U.S.
EPA), or any duly authorized official of said Agency.
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, Construction & Demolition Materials (waste resulting from construction or demolition
projects; including 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, bricks and masonry,
paper, cartons, gypsum board, wood, excelsior, rubber, and plastics) or any other materials as determined
by the Authorized City Representative.
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.
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
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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,
Vendor, or the collection of Solid Waste and Recyclables.
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 under 40 CFR, Part 261.
Kraft Bag shall mean a biodegradable, multi -layer paper collection bag specifically designed for Yard
Waste.
Market or Marketing shall mean the sale of Market -Ready Products to end users for beneficial uses.
Marketing does not include Disposal or use of Market -Ready Products as daily or intermediate cover at a
landfill site.
Market -Ready Products shall mean any product developed at the Composting Facility including mulch,
compost, or otherwise salable processed Acceptable Organic Material.
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.
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.
Process, Processed, Processing shall mean treatment of Acceptable Organic Waste to produce Market -
Ready Products that are Marketed to end users.
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).
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,
Non -Exclusive Vendor Services Agreement Page 22 of 29
Organic Waste Processing Services
TOR Texas, LLC dba The Organic Recycler of Texas
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:
(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.).
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.
State shall mean the State of Texas.
TCEQ shall mean the Texas Commission on Environmental Quality, the lead environmental agency for
the State of Texas.
Treated Wood shall mean wood that has been treated or preserved with chromated copper arsenate (CCA),
pentachlorophenol, or other chemicals which have been classified as known human carcinogens by the US
EPA.
Ton shall mean a short ton of 2,000 pounds.
Trash shall mean the same as Refuse.
Unaccepted Load shall mean any loads of materials that are contaminated or otherwise unacceptable for
processing 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 Circumstance 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
Non -Exclusive Vendor Services Agreement Page 23 of 29
Organic Waste Processing Services
TOR Texas, LLC dba The Organic Recycler of Texas
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 Circumstance 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 Circumstance 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.
Vendor's Representative shall mean a qualified, competent and reliable representative managing a facility
or other operations as part of this Agreement.
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.
Non -Exclusive Vendor Services Agreement Page 24 of 29
Organic Waste Processing Services
TOR Texas, LLC dba The Organic Recycler of Texas
EXHIBIT A
PAYMENT SCHEDULE
UNIT PRICING FOR BRUSH AND YARD WASTE
Cumulative Fiscal Year Unit Range' Baseline Unit4Unit
(circle one)
Processing
Tons Vehicles Feet Tons
0 tons — 5,000 tons 0 — 850 vehicles $33.17 Per ton
5,000 tons — 10,000 tons 851 — 1,700 vehicles $33.17 Per ton
10,000 tons — 15,000 tons 1,701 — 2,550 vehicles $33.17 Per ton
15,000 tons — 20,000 tons 2,551 — 3,400 vehicles $33.17 Per ton
Over 20,000 tons Over 3,400 vehicles $33.17 Per ton
1. Total Fiscal Year tons/loads for all material types including Brush and Yard Waste and optional additional
material types on Form 9.2. Excludes biosolids on Form 9.3, if applicable. See example in Section 8.1.
2. Baseline unit price for Brush and Yard Waste Only. Additional fees for accepting other optional materials may
be provided on Form 9.2 and 9.3. See example in Section 8.2.
Non -Exclusive Vendor Services Agreement Page 25 of 29
Organic Waste Processing Services
TOR Texas, LLC dba The Organic Recycler of Texas
EXHIBIT B
CITY PURCHASE PRICES FOR MARKET -READY PRODUCTS
Form 9.4: City Purchase Prices for Finished Products (Optional)
Composting Facility Name: Tne Organic Recycler
Facility Location: 5100 Forest Hill Circle, Forest Hill, Texas 76140
Proposers may enter unit pnces for City Purchases of Finished Products Belo,,%,. Submit additional
copies as necessary for additional product types/options
Finished Product Type
Unit Price
Unit
Mulch (Additional to the mulch provided to the City at
S
no additional cost in accordance with Section 8.19)
15.50
Cubic Yard
Brown Colored Mulch
13
S1
Cubic Yard
Black Colored Mulch
I $
31
Cubic Yard
Red Colored Mulch
s
31
Cubic Yard
Cedar Mulch
f s
32
Cubic Yard
Pine Bark Mulch
$41
Cubic Yard
Pecan Shell Mulch
[
$52
Cubic Yard
Kiddie Cushion
$45
Cubic Yard
Compost
$21
Cubic Yard
Premium Compost
'
$35
Cubic Yard
Grading Soil
Sag
Cubic Yard
Clay Breaker
S85
Cubic Yard
Premium Mix Soil
$35
Cubic Yard
Non -Exclusive Vendor Services Agreement Page 26 of 29
Organic Waste Processing Services
TOR Texas, LLC dba The Organic Recycler of Texas
EXHIBIT C
City of Fort Worth Bid Solicitation (ITB/RFP No. 24-0133)
(See attached)
Non -Exclusive Vendor Services Agreement Page 27 of 29
Organic Waste Processing Services
TOR Texas, LLC dba The Organic Recycler of Texas
EXHIBIT D
Vendor's Response to City of Fort Worth ITB/RFP No. 24-0133
(See attached)
Non -Exclusive Vendor Services Agreement Page 28 of 29
Organic Waste Processing Services
TOR Texas, LLC dba The Organic Recycler of Texas
EXHIBIT E
Non -Exclusive Vendor Services Agreement Page 29 of 29
Organic Waste Processing Services
TOR Texas, LLC dba The Organic Recycler of Texas
EXHIBIT C
City of Fort Worth Bid Solicitation RFP 24-0133
FORTWORTH.
4*
CITY OF FORT WORTH
ENVIRONMENTAL SERVICES DEPARTMENT
200 TEXAS ST
FORT WORTH, TEXAS 76102
REQUEST FOR PROPOSALS
ORGANIC WASTE PROCESSING SERVICES
RFP: 24 — 0133
Issued February 14, 2024
Proposal Submission Deadline: March 14, 2024 by 2:00 PM Local Time
NO LATE PROPOSALS WILL BE ACCEPTED
City of Fort Worth FINAL Request for Proposals
Organic Waste Processing Services RFP No. 24-0133
SECTION 1 — INTRODUCTION
1.1 General
The City of Fort Worth, Texas (City) is seeking proposals to provide organics processing
services (services) essential to preserving and protecting the long-term public health and safety
of the City's residents. Through this Request for Proposal (RFP) process, the City will solicit and
evaluate proposals to receive and process acceptable organic materials into usable products
(E.g. Mulch), improve services, divert more material from landfill, and/or provide more
competitive pricing to existing service.
Proposers may offer proposals to process acceptable organic materials at one or more
composting facilities. Proposers may offer proposals to provide processing for acceptable
organic materials generated by the City's residents including, at a minimum, brush and yard
waste. The City may award Contract(s) to one or more Proposers to process all or select
portions of acceptable organic materials generated by the City's programs. In its evaluation of
Proposals, the City may consider impacts on the City's collection costs, convenience to
residents and business, and other environmental and service level factors in addition to
processing fees. Additionally, the City is seeking to identify opportunities for potential future
expansion of the City's diversion programs including separate or commingled collection and
processing of food waste and other acceptable organic materials, as applicable.
The City maintains the right to award no contract(s) resulting from the RFP if deemed to be in
the best interest of the City. After evaluating submittals, City staff are required to obtain City
Council authorization before awarding any contract(s) for services.
1.2 Term
As further described in Section 2, the City currently processes acceptable organic materials
through three existing interim contracts with service providers. The interim contracts are based
on spending authorization limits and will have variable expiration dates corresponding to the
dates that the spending limits are reached. For any contracts awarded as a result of this RFP,
the City may request a commencement date between April 1, 2024 and the end of the proposal
acceptance period. The City shall provide written notice to the Contractor of the requested
commencement date at least fifteen (15) calendar days in advance. Failure by the Contractor to
receive and process acceptable organic material by the commencement date will subject the
contractor to liquidated damages in accordance with Section 8.13.
the initial term of any contract(s) will be for a period of five (5) years beginning on the
commencement date. In addition, the City may exercise up to two (2) optional renewal term(s)
with a maximum term length of five (5) years each for a maximum combined total contract term
of fifteen (15) years including the initial term and optional renewal term(s).
Optional renewal term(s) may be exercised at the City's sole discretion. Unless otherwise
agreed in writing, the optional renewal term(s) shall be on the same terms and conditions as the
initial term or the previous optional renewal term as applicable. The City shall notify the
Contractor in writing of its intention to exercise any optional renewal term at least sixty (60) days
2
City of Fort Worth FINAL Request for Proposals
Organic Waste Processing Services RFP No. 24-0133
prior to the expiration of the initial term or previous optional renewal term. Nothing in this section
shall be interpreted to limit the City's right to terminate the Agreement in accordance with
Section 7.7.
1.3 Overview of the Stages of Procurement and Implementation
The City will carry out the procurement and implementation of the project in accordance with the
following stages:
(1) Stage 1 — RFP Procurement Process
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 from City Council prior to
awarding any Contract(s) with selected Proposer(s). A sample service agreement
acceptable to the City is provided in Exhibit B. The final terms and conditions of any
Contract shall be determined based service options selected by the City and may
include the RFP, Proposal and such other terms and conditions as the parties may
agree. The City reserves the right to revise and update the terms and conditions in this
RFP to reflect negotiations prior to contract award.
3
City of Fort Worth FINAL Request for Proposals
Organic Waste Processing Services RFP No. 24-0133
SECTION 2 — PROJECT BACKGROUND
The purpose of this section of the RFP is to familiarize Proposers with the City and available
data regarding existing service levels, service units, and material management in the City. The
RFP is intended to support and advance the City's Comprehensive Solid Waste Master Plan
(CSWMP) adopted in September 20171. The City is seeking services that provide 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 the diversion of organic material from disposal.
(3) Maintain the cost-effectiveness of service.
Processing acceptable organic materials allows the City to divert material from disposal. At
minimum, this RFP is seeking proposals to provide brush and yard waste processing and to
identify one or more locations to process increasing tonnages of organic material in a cost-
effective manner. Additionally, the City is seeking to identify opportunities to support potential
future expansion of the City's diversion efforts to include separate or commingled collection and
processing of food waste and other acceptable organic materials, as applicable.
The City's current Processing contractors receive and process brush and yard waste collected
and delivered by the City's residential collection services contractor in addition to roll -off
containers from the City's drop-off stations. City departments such as Transportation and Public
Works or Parks and Recreation may also deliver dedicated loads of clean brush and yard waste
directly to the composting facilities if the material meets the quality standards of the residential
program.
Residential collection services are not included in the scope of this RFP. Table 11 provides
additional details about the residential collection program, material types, collection methods,
and collection schedule for information only.
Table 1: Residential Collection Service Matrix
Collection Service Material Collected Set -out Method Collection
Frequency
Cart, Kraft Bag,
Curbside Yard Waste Yard Waste/Brush Bundle or pile up Weekly
to 10 cubic yards
Yard waste carts are made available to residential customers for purchase by the City and there
are currently about 45,000 in service as of January 2024. Table 2 shows the historical annual
total tons of brush and yard waste delivered to composting facilities from the City's residential
collection program, drop-off facilities, and City operations.
1 The CSWMP can be found online at the following link: https://www.fortworthtexas.2ov/files/assets/public/code-
compliance/documents/2017-203 7-c swmp.pdf
4
City of Fort Worth
FINAL
Request for Proposals
Organic Waste Processing Services
RFP No.
24-0133
Table 2: Brush and Yard Waste Annual Tons
Source
2017
2018 2019
2020
2021
2022
2023
Residential
Collection
32,070
23,914 25,457
29,938
26,602
22,257
22,939
Drop -Off Stations
2,882
1,808 2,243
638
1,398
1,429
2,040
City Operations
200
200 200
200
200
200
200
Total
35,152
25,922 27,900
30,776
28,200
23,886
25,180
1. Annual tonnages based
on City fiscal years beginning October 1 and ending
September
30.
There are normally seasonal fluctuations in volumes of brush and yard waste including peaks in
the spring and fall. Table 3 provides monthly tonnages for fiscal year 2023.
Table 3: Monthly Brush and Yard Waste Tons, FY 2023
Month
Tons
October 2022
1,271
November 2022
1,323
December 2022
2,814
January 2023
1,696
February 2023
1,121
March 2023
3,114
April 2023
2,969
May 2023
2,327
June 2023
1,930
July 2023
1,360
August 2023
1,098
September 2023
1,915
Total
22,938
5
City of Fort Worth FINAL Request for Proposals
Organic Waste Processing Services RFP No. 24-0133
SECTION 3 — DEFINITIONS
3.1 General
(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.
(4) Throughout the RFP, capitalization is used to indicate the use of terms defined in
accordance with Section 3.2.
3.2 Definitions
Acceptable organic materials shall mean source separated yard waste or brush and all other
materials determined acceptable by the City and Contractor for processing at the composting
facility.
Addendum (pL Addenda) shall mean supplemental information or amendments to the RFP
Documents issued by the City in writing and distributed to Proposers via the City's website prior
to the proposal submission deadline as further described in Section 4.6.
Affiliate shall mean any parent, subsidiary, or any other entity controlling, controlled by, or
under common control of the Proposer
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 to authorize decisions
related to Contract(s) resulting from this RFP, serving as the point of communication between
Contractor(s) and the City.
Brush shall mean shrub limbs, tree limbs (up to four (4) inches in diameter), tree trimmings
resulting from landscape maintenance and cleaning operations (other than an unacceptable
commercial pile), and untreated lumber (essentially free of hardware and nails), not exceeding
eight (8) feet in length, and not including bulky items.
Bulky Items shall mean furniture, treated wood, up to ten (10) cubic yards of C&D material
generated by a residential customer (and not by a commercial service provider) 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 are permitted to be disposed of in a Type IV landfill.
1.1
City of Fort Worth FINAL Request for Proposals
Organic Waste Processing Services RFP No. 24-0133
Bundle shall mean brush or yard waste that has been cut into lengths not exceeding four (4)
feet and tied in bundles not exceeding 40 pounds in total weight using string or twine as
required by the City's yard Waste collection program.
Business Equity Firms shall mean a Contractor, subcontractor, vendor, or independent firm
that is a certified Minority Business Enterprise and/or Women -Owned Business enterprise with a
significant business presence in the City's marketplace.
Business Equity Goal shall mean the result of the calculation prepared by the City's Diversity
and 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 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 specified by the City for the Contractor to begin
receiving and processing acceptable organic material under any Contract resulting from this
RFP as further described in Section 1.2, or a revised date as may be agreed upon in writing
between the City and the Contractor.
Composting facility shall mean a facility permitted under all applicable local, state, and federal
laws and regulations whose activities include the physical and/or biological processing of
acceptable organic materials to produce a finished product.
Comprehensive Solid Waste Management Plan (CSWMP) shall mean the strategic planning
document adopted by the City in September 2017.
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.
Contract shall mean any and all Contract(s) developed as a result of this RFP between the City
and any Proposer(s).
Contractor shall mean any 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.
7
City of Fort Worth FINAL Request for Proposals
Organic Waste Processing Services RFP No. 24-0133
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.
Contract Term shall mean the full term of any Contract(s) awarded as a result of this RFP
including the Initial Term and any Optional Renewal Terms.
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 Environmental Services
Department.
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 recyclable materials.
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, acceptable organic
materials, or any other materials as determined by the authorized city representative.
Finished Products shall mean any product developed at a composting facility including mulch,
compost, or otherwise salable product produced from acceptable organic material.
Fiscal Year shall mean the fiscal year for the City of Fort Worth which starts on October 1 of
each successive calendar year and ends on September 30 of the following calendar year.
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.
H.
City of Fort Worth FINAL Request for Proposals
Organic Waste Processing Services RFP No. 24-0133
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.
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 under 40 CFR, Part 261.
Initial Term shall mean the initial period that the Contractor shall perform the services pursuant
to the Contract as further described in Section 1.2.
Kraft Bag shall mean a biodegradable, multi -layer paper collection bag specifically designed for
Yard Waste. A Kraft bag is not considered contamination under this RFP.
Large Brush shall mean less than ten (10) cubic yards in volume of shrub limbs, trimmings and
tree limbs or sections greater than three inches in diameter, untreated lumber (free of hardware
and nails) and other similar items, and excludes tree surgery and related work, which become
the responsibility of the contractor hired by a service unit.
Liquidated Damages shall mean the estimate of intangible or hard -to -define losses to the City.
Market or Marketing shall mean the sale of finished products to end users for beneficial uses.
marketing does not include the sale of finished products for use as fuel, disposal in a landfill site
or waste -to -energy facility, or use as daily or intermediate landfill cover.
Medical Waste shall mean treated and untreated special waste generated by health -care -
related facilities as further described in 30 TAC §326.3(23).
Minority Business Enterprise (MBE) means 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)
9
City of Fort Worth FINAL Request for Proposals
Organic Waste Processing Services RFP No. 24-0133
Optional Renewal Term means an optional extension to the contract term that the City can
exercise at its sole discretion as further described in Section 1.2.
Performance Bond shall mean a corporate surety bond that guarantees compensation to the
City in the event that the City assumes 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).
Price Proposal means the unit prices or other proposed financial terms for performing services
submitted by the Proposer on Form 9 and any negotiated amendments thereto.
Proposal acceptance period shall mean the time period that a proposal is held valid and
binding pursuant to Section Error! Reference source not found..
Proposal Submission Deadline shall mean the date and time that Proposal submissions are
required to be submitted in accordance with Section 4.1.1 or as amended in writing by the City
through an addendum to the RFP.
Proposer shall mean a party that submits a proposal in response to this RFP and includes
affiliates, subcontractors, partners, or parties to joint ventures responding to the RFP.
Proposer Question Submission Deadline shall mean the deadline for Proposers to submit
questions in accordance with Section 4.1.1 or as amended in writing by the City through an
addendum to the RFP.
Process, Processed, Processing shall mean treatment of acceptable organic waste to
produce finished products that are marketed to end users.
Processing Fee shall mean the fee charged to the City by the Contractor(s) for processing
acceptable organic material in a composting facility.
Rating Service shall mean a company that is able to provide a risk assessment related to
another company's long-term debt.
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 Collection Services Contractor shall mean any company or entity responsible for
collecting acceptable organic material and delivering it to a composting facility on behalf of the
10
City of Fort Worth FINAL Request for Proposals
Organic Waste Processing Services RFP No. 24-0133
City. The work performed by the residential collection services contractor is not included in the
services solicited through this RFP.
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.
RFP Documents are defined in Section 4.2.1(1).
RFP Process shall mean the procurement process to select preferred Contractor(s)
commencing with the issuance of this RFP and concluding 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.
Services shall mean services provided under any contract developed as a result of this RFP.
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:
(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 the Resource Conservation and Recovery Act, as amended (42
USC §6901 et seq.).
Source Separated shall mean acceptable organic materials that have been segregated from
solid waste by or for the generator thereof, on the premises at which they were generated, for
handling different from that of solid waste.
State shall mean the State of Texas.
Storm Event shall mean a weather -related event, including, but not limited to, flood,
thunderstorm, hurricane, tornado, windstorm, 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.
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City of Fort Worth FINAL Request for Proposals
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Technical Proposal shall mean all required proposal documents and information described in
Section 10, excluding the price proposal (Form 9).
Treated Wood shall mean wood that has been treated or preserved with chromated copper
arsenate (CCA), pentachlorophenol, or other chemicals which have been classified as known
human carcinogens by the United States Environmental Protection Agency.
Ton shall mean a short ton of 2,000 pounds.
Unaccepted Load shall mean any loads of materials that are contaminated or otherwise
unacceptable for processing 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 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 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 services and
related services described by this RFP.
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City of Fort Worth FINAL Request for Proposals
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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.
Women -Owned Business Enterprise means a 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 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.
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.
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City of Fort Worth FINAL Request for Proposals
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SECTION 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. Additional information about the RFP Process is provided in Exhibit C.
4.1 RFP Process Overview
4.1.1 Schedule of Events
(1) The proposal submission deadline and the general schedule of events for the RFP
process are provided in Table 4. 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 4: Tentative Schedule of Events
Event
Date or Deadline
RFP Release Date
February 14, 2024
February 22, 2024, 11:OOAM —
Pre -proposal Conference
12:OOPM (See Section 4.5)
Proposer Question Submission Deadline
February 26, 2024
Final Date for Issuing Addenda pertaining to Scope
February 29, 2024
of Services
Proposal Submission Deadline
March 14, 2024, 2:00 pm
March 14, 2024
Proposal Opening Date
(after proposal opening)
Proposal Evaluation, Interviews, Contract
Negotiations, and Recommendation of Award to
March 2024
City Council
Recommendation of Award Made to City Council
March 2024
To be determined
(April 1, 2024 — End of Proposal
Commencement date
acceptance period. See Section
1.2)
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City of Fort Worth FINAL Request for Proposals
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4.1.2 Proposal acceptance period
(1) 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 any and all items accepted in writing to the City. the proposal
acceptance period is one hundred and eighty (180) calendar days from the proposal
submission deadline. The period of acceptance of proposals may be mutually
extended.
(2) 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:
a. 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 Error! Reference source
not found.(1).
b. If the City determines that it will be unable to determine the preferred
contractor(s) 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.
(3) In respect of the preferred Contractor(s), 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).
(4) If during the course of negotiations, a Proposer submits a revised proposal to the
City or agrees to revised terms and conditions for services 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 is following a competitive process to obtain the most favorable terms. As a
procurement of organics processing services, 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.
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City of Fort Worth FINAL Request for Proposals
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4.1.4 Business Equity Firm Utilization Requirements
In accordance with the Business Equity Ordinance #25165-10-2021 , the City's Department of
Diversity and Inclusion (DVIN) has issued a waiver of the Business Equity Goal for the services
procured through this RFP after subcontracting or supplier opportunities were reviewed and
determined to be negligible. DVIN will run a direct campaign to advertise this opportunity to
Business Equity Firms. Firms responding to this RFP will not be required to demonstrate
compliance with a specified Business Equity Goal.
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 optional pre -proposal conference or any other meeting with the
City;
c. due diligence and information gathering processes;
d. preparation of responses to questions or requests for information from the City;
e. preparation of the Proposer's own request(s) for clarification(s) during the
clarification process;
f. negotiations; and
g. 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 of Fort Worth. Receipt and consideration of any proposals shall under no
circumstances obligate the City to accept any proposals. If an award of contract 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.
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
httr)s://www.ethics.state.tx.us/whatsnew/elf info form1295.htm. The form must
be printed, signed, and submitted to the City before any Contract(s) will be presented
to the City Council for authorization. For more information, Proposers should review
M..
City of Fort Worth FINAL
Organic Waste Processing Services
the Texas Ethics Commission Rules at
https://www.ethics.state.tx.us/rules/commission/ch46.php.
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 — Sample Vendor Services Agreement
d. Exhibit C — Instructions to Proposers
e. Addenda to the RFP Documents, if any.
Request for Proposals
RFP No. 24-0133
(2) All RFP Documents 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 any City
responses to questions from Proposers, by making them available on the City's
online purchasing platform as further described in Section 5.1 and Exhibit C.
4.3 RFP Procedural and Content Clarifications
4.3.1 Questions and Requests for Clarification
(1) Proposers shall submit all communications regarding RFP Documents, the RFP
Process and their proposals using the online platform as further described in Section
5.1 and Exhibit C.
(2) Any Proposer questions or requests for explanation or clarification regarding any part
of the RFP Documents, including addenda, shall be submitted on the City's online
platform by the proposer question submission deadline shown in Section 4.1.1, Table
4 so that a written addendum can be posted by the city before the proposal
submission deadline. The City may decide to answer or not to answer questions
received after the proposer question submission deadline at its sole discretion.
(1) All written questions or requests for explanation or clarification shall clearly identify
the Proposer's name and RFP number and clearly identify the section of the RFP
documents where clarification is requested. The City may choose not to answer
ambiguous or unclear.
(2) Proposers making phone calls or other oral inquiries regarding RFP Documents, the
RFP process, or proposals, except as permitted during the optional pre -proposal
conference, will be directed to submit their inquiries through the online platform.
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City of Fort Worth FINAL Request for Proposals
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(3) Interpretations, corrections, or changes to the RFP Documents made in any manner
other than by written addendum 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.
(4) Any material information given to one Proposer concerning the RFP Documents will
be furnished by an addendum posted on the City's online platform under the
corresponding solicitation number pursuant to Section 4.6.
4.3.2 Proposer to Make Own Examination
(1) It is the responsibility and obligation of each Proposer to examine the RFP in its
entirety and seek clarification or additional information in accordance with Section
4.3.1 if needed. The City assumes no responsibility for any misunderstanding by a
Proposer of information contained in this RFP, addenda to this RFP, responses to
questions, 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
(1) 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 any such error or omission it discovers using the City's
online platform. The City assumes no responsibility for errors or misrepresentations
that result from the use of incomplete information.
(2) 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 4.6 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.
4.4 Communications Restrictions
After release of this solicitation, Proposer contact regarding this RFP with members of the
evaluation committee, 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
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City of Fort Worth FINAL Request for Proposals
Organic Waste Processing Services RFP No. 24-0133
procurement process. Any oral communications are considered unofficial and non -binding with
regard to this RFP.
4.5 Pre -Proposal Conference
(1) A pre -proposal conference will be held on February 22, 2024 at 11:00 AM — 12:OOPM as
indicated in Section 4.1.1, Table 4. Proposers may attend the pre -proposal conference
virtually or in -person. Attendance to the pre -proposal conference is not mandatory but is
strong recommended. The pre -proposal conference will be held at:
City of Fort Worth Southside Service Center
Solid Waste Conference Room
4100 Columbus Trail
Fort Worth, Texas 76133
Proposers attending in person are required to adhere to the City's current COVID-19
safety protocols.
Proposers attending virtually may access the meeting online using the following link.
Microsoft Teams:
Meeting ID: 243 321 004 301
Meeting Passcode: GppVQH
Meeting Link:
httos://teams.microsoft.com/dl/launcher/launcher.html?url=%2F %23%2F1%2Fme
etupioin%2F19%3Ameetinq N2NhYiViZWYtOWFhYS00ZDcxLThiNDQtYmU1MmZm
NmlzMml5%40thread.v2%2FO%3Fcontext%3D%257b%2522Tid%2522%253a%2522
17be04d4-0c77-4ca7-9b1 b-
275afe6cO7Ob%2522%252c%25220id%2522%253a%25225ba58ab1-5ac7-48a0-aaf9-
ab01672b2f45%2522%257d%26anon%3Dtrue&tvpe=meetup-
ioin&deeplinkld=ddecdfb2-4ab2-4a1 a-abb4-
18bb71f298a5&directDl=true&msLaunch=true&enableMobilePage=true&suppress
Prompt=true
(2) 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 4.6 of this RFP.
4.6 Addenda to the RFP Documents
(1) The City may, at its sole discretion, amend or supplement the RFP Documents in
accordance with this Section 4.6 of the RFP. The City shall issue changes to the RFP
Documents by written Addenda only. No other statement, whether oral or written, made
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City of Fort Worth FINAL Request for Proposals
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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 is indicated in Section 4.1, Table 4. The City may issue
other procedural addenda up to the Proposal Submission Deadline.
(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 National Institute of Governmental Purchasing (NIGP) 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 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 4.6 of the RFP.
(6) Proposers shall complete and submit the Form 4 (Acknowledgement of Addenda) with
their proposals. Failure to acknowledge all addenda may result in disqualification of the
Proposer, in accordance with Section 6.7 of this RFP.
4.7 Disclosure of Proposal Contents
(1) 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 specific 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 4.7 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 htti3s://www.texasattornevcieneral.ciov/open-
aovernment/governmental-bodies/submit-documents-online-using-efiIina or to the
following address:
Office of the Attorney General
Open Records Division
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City of Fort Worth FINAL Request for Proposals
Organic Waste Processing Services RFP No. 24-0133
P.O. Box 12548
Austin, TX 78711
4.8 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 httr)s://www.ethics.state.tx.us/data/forms/conflict/CIQ.i)df.
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 4.8(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 4.8(3), the Proposer shall
promptly disclose the conflict of interest to the City in a written statement to the
Purchasing Manager.
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City of Fort Worth FINAL Request for Proposals
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(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.
4.9 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 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: (a) does not boycott energy companies; and (b) 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, 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.
4.10 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 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: (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 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, 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
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City of Fort Worth FINAL Request for Proposals
Organic Waste Processing Services RFP No. 24-0133
discriminate against a firearm entity or firearm trade association during the term of this
Agreement.
4.11 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. The Proposer shall make clear
where exceptions to the scope of services and technical specifications or sample service
agreement in Exhibit B 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, on Form 7 (Exceptions). 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 developed as a result of this RFP may be based on the terms and
conditions provided in the RFP Documents. However, the City reserves the right to
revise any terms and conditions to reflect negotiations prior to award of the Contract.
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City of Fort Worth FINAL Request for Proposals
Organic Waste Processing Services RFP No. 24-0133
SECTION 5 — PROPOSAL FORMAT
5.1 Submission of Proposal
(1) As of January 1, 2024, the City of Fort Worth has partnered with Bonfire Interactive to
implement an online bidding platform where notification of bid opportunities and
submission of responses will be managed digitally. All proposals submitted in
response to this RFP must be submitted online using the City's Bonfire platform, which
can be accessed using the following link. Paper submittals will not be accepted.
htti)s://www.fortworthtexas.ciov/departments/financell)urchasinq/online-biddinq-
platform
(2) Proposers are required to register to view the RFP Documents, receive online notices
and Addenda, submit questions, and submit proposals. Additional information and
training videos about registering and using Bonfire platform is provided on the website.
(3) It is the sole responsibility of the Proposer to ensure that proposals are submitted on
the Bonfire platform on or before the Proposal Submission Deadline. The City will not
accept RFP Submissions delivered by electronic mail.
(4) 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 before the Proposal Submission Deadline using the
Bonfire platform's retraction feature.
5.3 Amendment of Proposals
A Proposer may amend its proposal after submission but only if the proposal has first been
withdrawn and is subsequently resubmitted on or before the Proposal Submission Deadline.
5.4 Proposal Irrevocability
Except as subject to the Proposer's right to withdraw, amend, and resubmit proposals prior to
the Proposal Submission Deadline in accordance with Sections 5.2 and 5.3, all submitted
proposals shall be irrevocable and shall remain in effect and open for acceptance by the City for
the entire Proposal acceptance period in accordance with Section Error! Reference source
not found..
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City of Fort Worth FINAL Request for Proposals
Organic Waste Processing Services RFP No. 24-0133
SECTION 6 — EVALUATION, CLARIFICATION, VERIFICATION AND DISQUALIFICATION
OF PROPOSALS
6.1 Evaluation Committee and Advisors
(1) 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.
(2) 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
(1) The City may,
a. Require the Proposer to clarify or verify the contents of its proposal or any statement
made by the Proposer.
b. Require the Proposer to submit supplementary documentation clarifying or verifying
any matters contained in its proposal.
c. Seek a Proposer's acknowledgement of the City's interpretation of the proposal, or
any parts thereof.
(2) The City is not obligated to seek clarification or verification of any aspect of a proposal or
any statement by a Proposer, including any ambiguity in a proposal or in a statement
made by a Proposer.
(3) Any written information received by the City from a Proposer pursuant to a question or
request for information submitted by the Proposer in accordance with Section Error!
Reference source not found. may, in the City's sole discretion, be considered as an
integral part of the applicable proposal.
6.3 Completion of Responses and Non -Responsive Proposers
(1) Information presented in the proposal shall be used to evaluate the proposal 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 one or more Service(s) to the
City in accordance with the terms and conditions of this RFP.
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City of Fort Worth FINAL Request for Proposals
Organic Waste Processing Services RFP No. 24-0133
(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) Proposals 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 (12) point it
may 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
Form 7 (Exceptions), or failure to meet the City's minimum specifications, may render
the RFP Submission non -responsive to this RFP.
(5) Failure to submit all required documents in accordance with Section 10 may 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 Contract(s) are awarded.
6.5 Evaluation Criteria
Proposals 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 contracts solicited in the RFP and may exercise
available extensions as part of its existing contracts, if deemed to be in the best interest of the
City.
Proposals shall be evaluated based on the evaluation criteria and maximum number of points
available provided in Table 1.
Table 1: Weighted Evaluation Criteria
Criteria Maximum Available Points
Minimum Requirements 10
Experience and Qualifications 10
Cost 55
Proposed Approach 15
Exceptions 5
Financial and Litigation History
Business Equity WAIVED
Total 100
W.
City of Fort Worth FINAL Request for Proposals
Organic Waste Processing Services RFP No. 24-0133
The following sections provide further descriptions of the criteria.
6.5.1 Preferred Minimum Requirements
In addition to being scored based on the evaluation criteria in Table 1, Proposers shall provide
references and documentation demonstrating that they satisfy or exceed the City's preferred
minimum requirements in Section 10.4. Failing to meet the City's preferred minimum
requirements may result in disqualification in accordance with Section 6.7.
6.5.2 Experience and Qualifications
Proposer's experience and qualifications provided in accordance with Section 10.3 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 Services included in their
proposals 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. In addition to the Proposer's price proposal, the City's evaluation may
consider costs external to the contract such as the city's cost to transport acceptable organic
material to the proposer's composting facility or other related costs external to the Contract. The
City may evaluate multiple combinations of services under various sets of assumptions to
determine the overall best value to the City under alternative scenarios. The Proposer with the
lowest overall cost to the City shall receive all available points and all other Proposers will
receive a proportional share of the points based on the proration of their cost to the lowest cost
option.
6.5.4 Proposed Approach
Proposer's proposed approach to providing Services shall be evaluated based on its suitability
to provide high -quality service and meet the City's goals and objectives as stated in the RFP.
Proposers shall be evaluated on their demonstrated ability and allocated resources to effectively
manage the proposed Services 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 Services as described in Section 8.
6.5.5 Exceptions
Proposers may take exceptions to the scope of services, technical requirements, or terms and
conditions as described in the RFP Documents by indicating them on Form 7 pursuant to
Section 4.11. 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 negative impacts resulting
from exceptions shall be deemed most advantageous to the City. Proposers may consider
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City of Fort Worth FINAL Request for Proposals
Organic Waste Processing Services RFP No. 24-0133
submitting questions to the City in accordance with Section 4.3 to determine if the City would
consider amending the RFP requirements as alternative to taking exceptions.
6.5.6 Financial and Litigation History
Proposers shall submit information about their financial and litigation history in accordance with
Sections 10.8 and 10.10. 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 in Section 10.4 have been satisfied.
(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.
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, which include each of the evaluation criteria in Section 6.5,
excluding Cost. Only proposals receiving a minimum score of 40 out of 60 available technical
points shall proceed to Step 3.
6.6.3 Step 3 — Review and Scoring of the Price Proposal
In Step 3 of the evaluation process, after the technical scores are completed and finalized, the
evaluation committee shall score the Price Proposals in accordance with Section 6.5.3. To
determine which Proposers move on to Step 4, the evaluation committee shall calculate
weighted averages of the technical and Price Proposal scores from Steps 2 and 3.
6.6.4 Step 4 — Short List
In Step 4 of the evaluation process, the Proposers with the highest scores will be placed on a
short list to move to Step 5.
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City of Fort Worth FINAL Request for Proposals
Organic Waste Processing Services RFP No. 24-0133
6.6.5 Step 5 — Interviews and Best and Final Offers
(1) In Step 5 of the evaluation process the Evaluation Committee shall have the opportunity,
at its sole discretion, to
a. Request and schedule an interview with short list Proposers from Step 4 in
accordance with Section 6.4.
b. 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.
c. Request written clarifications from Proposers based on the evaluation
committee's review of the BAFO.
(2) Upon completing Proposer interviews and reviewing any BAFOs submitted, the
evaluation committee shall adjust the scoring for short list Proposers as appropriate.
(3) The City may enter directly into negotiations with a short list Proposer for each Service
as described in Step 6 and is under no obligation to request Proposer interviews or any
BAFOs.
6.6.6 Step 6 — Competition, Negotiations and the Identification of a Preferred
Contractor(s)
(1) In Step 6 of the evaluation process, the City will enter into negotiations with the Proposer
who received the highest score. Failing successful negotiations, the City will enter into
negotiations with the Proposer who received the second highest score and identify the
Proposer with whom the City concludes successful negotiations as the Preferred
Contractor.
(2) The City may use the negotiations process to negotiate any aspect of a proposal or
Contract, or both, including, for greater clarity, any amendments to the Contract that are
reasonably required to revise the scope of Services.
(4) Except as provided in RFP Section Error! Reference source not found.,
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 proposal is compliant with RFP requirements.
c. Whether a failure to comply constitutes a material deviation.
d. The rankings of the proposals.
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City of Fort Worth FINAL Request for Proposals
Organic Waste Processing Services RFP No. 24-0133
e. 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 that the City has experienced,
and/or
b. Any publicly available information about a Proposer 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, 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, if,
a. The Proposer contravenes RFP Section 4.4.
b. The Proposer fails to comply with applicable law.
c. The proposal contains false or misleading information or a misrepresentation.
d. In the opinion of the City, acting reasonably, the Proposer or any of their
advisors, employees or representatives directly or indirectly colluded with one or
more other Proposers 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.
The Proposer has been convicted of an offense 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 in relation to a public or broader public sector
solicitation.
6.7.3 Dispute Resolution
(1) The selected Contractor shall endeavor to settle all disputes arising out of or relating to
any Contract 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 under or relating to any Contract 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
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City of Fort Worth FINAL Request for Proposals
Organic Waste Processing Services RFP No. 24-0133
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.
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City of Fort Worth FINAL Request for Proposals
Organic Waste Processing Services RFP No. 24-0133
SECTION 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 shall include the RFP, the Proposer's entire response to the RFP, and
such other terms and conditions as the parties may agree. If a Contractor is awarded more than
one Service as a result of this RFP, the provisions for both or all of those Service(s) will be
incorporated into the Contract documents.
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, specifications, 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
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 governmental entities other than the
City of Fort Worth will be billed directly to that governmental entity and paid by that
governmental entity. The City of Fort Worth will not be responsible for another governmental
entity's debts. Each governmental entity will order its own material/services as needed.
7.4 Billing
The Contractor shall at its sole expense provide Services based on any Contract(s) developed
as a result of this RFP and billing the City for Services provided pursuant to Section 8.1.
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 Services are 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 Services.
7.6 Injuries or Damages Resulting from Negligence
The Contractor shall defend, indemnify and save harmless the City and all its officers, agents
and employees from all suits, actions, or other claims of any character, name and description
brought for or on account of any injuries or damages received or sustained by any person,
persons, or property on account of any negligent act or fault of the Contractor, or of any agent,
employee, subcontractor or supplier in the execution of, or performance under a Contract
resulting from this RFP. The Contractor shall pay any judgment with cost which may be
32
City of Fort Worth FINAL Request for Proposals
Organic Waste Processing Services RFP No. 24-0133
obtained against the City resulting from such injury or damages. The Proposer shall
acknowledge this section by completing and submitting Form 3 (Release and Indemnification).
7.7 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 most qualified Contractor, as it perceives 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.
7.8 Change Orders
No oral statement of any person shall modify or otherwise change or affect the terms, conditions
or specifications stated in the resulting Contract. All change orders to any Contract developed
as a result of this RFP shall be made in writing by the City of Fort Worth's Code Compliance
and approved by City Council if the dollar amount is over $100,000.
7.9 Insurance Requirements
Prior to commencement of any Services pursuant to this RFP, the Contractor shall provide the
City with certificate(s) of insurance documenting policies meeting the following minimum
requirements. The 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.
7.9.1 Coverage and Limits:
(1) Commercial General Liability: Minimum limits at $2,000,000 for each occurrence and
$5,000,000 Aggregate.
(2) 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.
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City of Fort Worth FINAL Request for Proposals
Organic Waste Processing Services RFP No. 24-0133
(3) 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.
(4) Employers' liability:
a. $500,000 Bodily Injury by accident; each accident/occurrence
b. $500,000 - Bodily Injury by disease; each employee
c. $500,000 - Bodily Injury by disease; policy limit
(5) Environmental Impairment Liability (EIL) and/or Pollution Liability: $1,000,000 each
occurrence. EIL coverage must be included in policies listed in items above; or, such
insurance shall be provided under separate policies. Liability for damage occurring
while loading, unloading and transporting materials under the Contract shall be
included under the Automobile Liability insurance or other policy(s)
7.9.2 General Requirements
(1) For policies stated in 10.1, the 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.
(2) The workers' compensation policy must include a Waiver of Subrogation (Right of
Recovery) in favor of City.
(3) 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.
(4) 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- VI 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.
(5) Any failure on the part of City to request required insurance documentation will not
constitute a waiver of the insurance requirement.
(6) 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.
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City of Fort Worth FINAL Request for Proposals
Organic Waste Processing Services RFP No. 24-0133
SECTION 8 — SCOPE OF SERVICES AND TECHNICAL SPECIFICATIONS
This section details the scope of services and technical specifications for Services. Services
performed will be in accordance with any Contract developed as a result of this RFP and based
on the terms provided herein or as otherwise agreed to by the City and Contractor. For clarity,
the terms provided herein may be incorporated into any Contract 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 revised terms and conditions negotiated prior to Contract award.
8.1 Overview of Services
The Contractor shall receive acceptable organic material from the residential collection services
contractor in addition to roll -off containers from the City's drop-off stations at one or more
Composting facilities provided by the Contractor. City departments such as Transportation and
Public Works or Parks and Recreation may also deliver dedicated loads of clean Brush and yard
waste directly to the Contractor's composting facilities if the material meets the quality standards
of the residential program.
Proposers shall enter unit prices for processing each category of acceptable organic material on
Forms 9.1 and 9.2. If a Proposer is proposing to use more than one composting facility and
separate pricing applies to each site, then the Proposer may submit a separate copy of Forms
9.1 and 9.2 for each site. If a listed material type is not accepted at a composting facility enter
"No Bid" on the forms. Proposers may set an upper limit on the annual tonnage of each material
type accepted at each composting facility in the space provided on the forms.
Unit prices for each composting facility and material type include all Contractor costs to provide
the Services, including but not limited to all costs to receive acceptable organic material and
process it into finished products, market the finished products, and separate, transport, and
dispose of contaminant materials.
The City shall have the right to divide its acceptable organic material between multiple
contractors and between each contractor's composting facilities at its sole discretion to achieve
the best overall value to the City considering factors such as the City's delivery costs and other
related costs external to the Contract in addition to the Contractor's processing fees.
Proposers submit tiered pricing on Forms 9.1 and 9.2 that varies based on the total tonnage or
total vehicle count for all material types received at each composting facility, excluding biosolids
(if applicable). The unit price for each composting facility switches to the next tier on the day
when the combined total tonnage or vehicle count for the fiscal year reaches the maximum
threshold for the previous tier. The unit prices for the previous days of the fiscal year are not
adjusted as shown in the following example.
Example
In this example the assumed tiered pricing structure is provided in the following table.
Tonnage Range Unit Processing Fee
0 tons — 5,000 tons $30
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City of Fort Worth FINAL Request for Proposals
Organic Waste Processing Services RFP No. 24-0133
1 5,000 tons — 10,000 tons $25
If the cumulative fiscal year tonnage for the City reaches 5,000 tons any time on May 6, then the
tonnages for each day of the week would be invoiced as follows.
Delivery
Daily Tons
Unit
Date
Received
Processing
Total
Fee
May 4
42.57
$30
$1,277.10
May 5
33.75
$30
$1,012.50
May 6
28.96
$25
$724.00
May 7
39.08
$25
$977.00
May 8
30.59
$25
$764.75
Total
$4,755.35
Within fifteen (15) days of the end of each month, the Contractor shall submit to the Director or
designated Solid Waste contact, a monthly report and invoice for monthly payments due to the
Contractor.
The Contractor's monthly invoice shall also deduct any liquidated damages assessed by the
City.
8.2 Acceptable Organic Material
At minimum, acceptable organic material shall include source separated brush and yard waste
containing less than ten percent (10%) contamination by weight. Proposers shall submit pricing
to accept and process brush and yard waste on mandatory Form 9.1.
In addition, Proposers may offer to accept other organic wastes such as biosolids, pre -
consumer or post -consumer food waste, compostable packaging, or untreated/unpainted wood
waste. Proposers shall provide pricing for additional materials excluding biosolids by submitting
an additional copy of optional Form 9.2 for each additional material category that is offered. The
prices entered on optional Form 9.2 include the additional cost (if any) to add that material or
group of materials to the baseline price for Brush and yard waste shown on mandatory Form 9.'
as shown in the following example.
Example
In this example, the Proposer's baseline price per ton for brush and yard waste is shown in
Column B of the Table below, and the proposed additional costs for other materials to be
included are provided in Columns C-D. If the City elects to add only post consumer food waste
(Column C) to the baseline program, then the total unit price paid by the City on all tons
delivered during the fiscal year (including brush, yard waste, and post consumer food waste) is
the sum of the amounts in Column B and Column C as shown in Column E.
City of Fort Worth FINAL
Organic Waste Processing Services
Unit Price ($/ton)
(A)
(B)
(C)
(D)
Tonnage
Brush and
Post-
Compostable
Range
Yard waste
Consumer
Packaging
(baseline)
Food Waste
(Optional)
(Optional)
0 — 5,000
$30
$5
$3
5,000 — 10,000
$25
$3
$2
Request for Proposals
RFP No. 24-0133
Total Program Unit Cost
for Baseline + Biosolids
(Column B + Column C)
$35
$28
In this scenario the price in Column E would apply to all tons received including brush, yard
waste, and post -consumer food waste. for each optional material category included on form 9.2,
the Proposer shall include a detailed description of the rules for acceptable and unacceptable
materials in their Proposals.
Proposers may, at their sole discretion, provide a price to accept and process biosolids by
completing and submitting Form 9.3. If accepted by the City, prices to process biosolids offered
on Form 9.3 apply only to the biosolids tonnages or vehicle loads actually delivered by the City,
which will only be delivered as dedicated loads.
In the space provided on mandatory Form 9.1, Proposers shall enter the maximum fiscal year
total tons or loads of all types of acceptable organic material that can be accepted at the
composting facility including brush, yard waste, and any additional materials from optional
Form(s) 9.2. In the space provided on optional Form(s) 9.2, the Proposer shall enter the
maximum fiscal year tons or loads of the specified additional material type. On optional Form
9.3, Proposers shall enter the maximum tons of loads of biosolids that may be delivered in a
fiscal year.
8.3 Cost Adjustments
The rates proposed in the Price Proposal or as otherwise agreed to in writing by the City and
Contractor, shall remain effective until October 1, 2025. Thereafter, cost adjustments may be
requested by the Contractor on an annual basis and are subject to approval by the Director.
Cost adjustments shall meet the following requirements.
(1) Cost adjustments shall be based on the year -over -year change in the average value of
the U.S. Consumer Price Index: Urban Consumer — Dallas, Fort Worth, Arlington, TX
over the 12-month period ended March.
(2) The annual cost adjustment shall neither exceed five percent (5%) in any single year
and shall not be less than 2.5%.
(3) Cost adjustment requests must be received by April 1st of each year and take effect the
following October 1 st to align with the City's budget development and approval process.
Otherwise, the Contractor(s) forfeits the right to request a rate adjustment for the
upcoming year.
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(4) The Contractor(s) will receive no other financial compensation outside the terms of the
Contract(s). Further, fees shall not be adjusted other than as explicitly authorized in any
Contract developed as a result of this RFP.
The twelve-month index measurement period for determining the annual cost adjustment shall
be from April 1 to March 31. The index change shall be calculated by subtracting the 12-month
average index value from April 1 to March 31 from the previous year's average index value from
April 1 to March 31 index value to calculate the percent change.
8.4 Recordkeeping and Reporting Requirements
The Contractor and any subcontractor(s) shall create and maintain records on a daily, weekly,
cumulative monthly, and cumulative annual basis, and make them 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 (7) calendar days following the end of each
calendar month and all annual reports within thirty (30) days following the Contract(s) year-end.
The Contractor and any subcontractors shall 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 and any subcontractor(s) shall create, maintain and make available records as
defined in and/or required by applicable law, and any reports reasonably necessary to:
(1) Provide a list of Contractor's current employees, contractors and subcontractors to
the City upon request.
(2) Document employee and subcontractor training by description of training, date of
training, time of training, names of personnel who attended training, name of training
instructor, and other information as requested by the authorized city representative.
(3) Provide data as required by the City for preparing monthly, quarterly, or annual
reports.
(4) 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.
(5) Inform the authorized city representative of any change in Contractor's contact name
or address within fifteen 15 days of such occurrence.
(6) 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).
(7) Report any damage to City -owned or private property as a result of conducting
Service(s) within two (2) hours of damage occurring.
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(8) Document loads delivered by time delivered to the composting facility(is), tonnage or
cubic yards of material delivered, time of delivery, City or contractor vehicle number.
unaccepted loads by weight and date collected, and other information as requested
by the City and organized by composting facility, as applicable. A monthly and
annual summary shall also be submitted to City.
(9) Document characterization audit and other information related to finished products
as requested by City, including tonnages by commodity that align with invoice
requirements. A monthly summary shall also be submitted to the City.
(10) Provide written notice and photographs for any load designated as an
unaccepted load prior to the collection vehicle departing the composting facility(is) to
the driver and the authorized city representative if the load is delivered by or on
behalf of the City.
(11) Within seven (7) days following receipt of a complaint, the Contractor shall
provide the authorized city representative a written report on each complaint
received, including a summary of Contractor's investigation of the incident upon
which the complaint was based and identify actions taken by the Contractor to
resolve the incident including a plan for preventing a recurrence of the incident in the
future.
(12) Maintain third -party receipts that show revenues for sold finished products. The
City maintains the right to review all such documentation, and to conduct periodic
reviews of the financial performance of the Contractor to see if adjustments in the
amounts of finished product provided to the City are warranted.
8.5 Letter of Credit or Performance Bond
The Contractor agrees that after the execution of any and each Contract(s) developed as a
result of this RFP, and prior to the commencement date, the Contractor(s) 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 Services 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 the initial term and all optional renewal term(s) 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
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A. M. Best or Standard and Poor's; 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 10.4.
8.6 City's Responsibilities
The City agrees to fulfill 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).
(3) Make timely payments upon review and approval of invoices submitted by the
Contractor.
(4) Determine, assess, and collect liquidated damages as determined by the Director or
designee in accordance with Section 8.13.
(5) Provide to the Contractor(s) an invoice stating the actual cost of repairing or
replacing damaged City -owned property in accordance with Section 8.12.
(6) Develop and implement performance incentives in accordance with Section 8.14.
(7) Provide City staff to assist with any audits or studies in accordance with Section 8.25
as required.
(8) Communicate the expected tons and type of acceptable organic materials to be
delivered to each composting facility on an annual basis, and any expected changes
to the tonnage over the course of any Contract(s) developed as a result of this RFP.
8.7 Visitation Rights, Inspection Rights and Right to Audit
For any Contract(s) developed as a result of this RFP, the authorized city representative may
inspect the facility(is) associated with each Contract and 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(s)
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, who
must have full access to all parts of the facility(is).
8.8 Days and Hours of Operations
For each Contract developed as a result of this RFP, 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. An exception to these normal days
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and hours of operations may be requested by the Contractor(s) from the authorized city
representative when special or unforeseen incidents occur. The Contractor shall adjust days
and hours of operations during holiday weeks in accordance with Section 8.9.
The Contractor shall operate the composting facility(is) Monday through Friday, seven (7:00)
a.m. to five (5:00) p.m. Central Time and Saturday from seven (7:00) a.m. to two (2:00) ) p.m.
unless Authorized City Representative provides written approval otherwise. The Contractor
shall extend the hours of operations to accept materials from the City's residential collection
services contractor upon forty-eight (48) hour notice of the City. The Contractor shall provide
the City and city's residential collection services contractor access to the composting facility(is)
to deliver loads outside of the hours of operation as approved by the authorized city
representative. The City may reasonably modify the minimum hours of operation at the
composting facility(is) with thirty (30) calendar days' notice.
Additionally, the operating hours of the composting facility(is) may be extended under certain
emergency conditions (e.g., natural or man-made disaster clean-up efforts), with approval or
upon request of the City.
8.9 Holidays
The Contractor(s) shall not be obligated to provide Service(s) on New Year's Day (January 01),
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 to
make the Composting facility(is) available to receive acceptable organic materials from the
residential collection services contractor during regular operating hours, including days altered
due to the occurrence of a holiday.
8.10 Personnel Standards
For all Services the Contractor(s) and subcontractor(s) shall require the following standards for
any personnel required to provide Services:
(1) Contractor(s) shall furnish such qualified drivers, equipment operators, mechanical,
supervisory, clerical and other personnel as may be necessary to provide Services
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 and, as necessary, a
valid 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) 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 shall be available to the City twenty-
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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 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
Services 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. If any employee is found not to be courteous or not to be
performing Services in the manner required by any Contract(s) developed as a result
of this RFP, Contractor(s) 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 is pursuing its investigation and corrective action
process.
(6) All employees of the Contractor(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.
8.11 Litter, Odor, Noise and Other Nuisances
Contractor(s) shall conduct equipment operations as quietly as possible and shall conform to
applicable Federal, State, County and City noise level regulations.
Contractor(s) shall pick up any and all litter caused by the provision of Services and operate and
maintain the composting facility(ies) and any equipment in a manner that minimizes odors,
noise, litter, dust, pests and other nuisances. The Contractor shall ensure nuisances are not
caused by Contractor's equipment, or by Contractor's employees or subcontractors while
performing services in connection with this Contract. The Contractor shall also take active
measures to control and minimize pests at the composting facility.
The Contractor shall properly maintain all acceptable organic materials received for processing
in a neat and orderly fashion in accordance with applicable permits and to minimize dust and
stormwater runoff and erosion.
If the Contractor receives an odor complaint related to the Contractor's operation of the
composting facility, the Contractor shall investigate and respond to such odor complaint within
two (2) hours of receipt. If Contractor is unable to conduct the investigation within two (2) hours,
Contractor shall notify the authorized city representative.
Additional requirements for elimination, limitation and/or mitigation of litter, odor, noise and other
nuisances may be developed and incorporated into any Contract(s) resulting from this RFP.
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8.12 Care of City -Owned Property
If the Contractor(s) and/or subcontractor(s) damage or remove the City's real or personal
property, the Contractor 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(s) refuse to compensate the City
for the damage incurred, the invoiced amount shall be withheld from the amount payable to the
Contractor for services. 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).
City retains the right to identify additional care of City -owned and private property considerations
that shall be agreed to in writing by the City and Contractor and incorporated into any
Contract(s) resulting from this RFP.
8.13 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 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, timely reports as specified in Section 8.4 of this RFP: two
hundred dollars ($200.00) per occurrence.
(2) Failure to maintain a staffed office during specified hours: 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 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: one hundred dollars ($100.00) per incident.
(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 accept and process acceptable organic materials after the commencement
date, during the days and times specified in Section 8.8 without prior approval by the
authorized city representative: Two hundred and fifty dollars ($250.00) per hour, up to
two thousand five hundred dollars ($2,500.00) per day.
(7) Failure to achieve average vehicle turnaround time in accordance with Section 8.22: five
hundred dollars ($300.00) per day.
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(8) Failure to adequately control litter, odor and other nuisances in accordance with Section
8.11: one hundred dollars ($100.00) per instance.
(9) Failure to store material, both incoming and Processed in accordance with Section
8.28: one hundred dollars ($100.00) per hour per instance.
(10) Disposal of acceptable organic materials or finished products by the Contractor or its
subcontractor(s): two thousand dollars ($2,000.00) per occurrence.
Liquidated damage amounts compensate the City for additional costs and are not a fine or
penalty. Liquidated damage amounts are additional to any fines, penalties, or costs that may be
assessed by the TCEQ or other applicable regulatory bodies.
8.14 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 by waiving the
assessment of some or all liquidated damages incurred.
8.15 Composting facility
The Contractor shall equip, operate and maintain Composting facility(ies), for the purpose of
accepting and processing acceptable organic materials delivered by the City's residential
collection services contractor to produce finished products for distribution. The composting
facility(ies), whether new or existing, must be located within twenty (20) miles of the intersection
of 1-30 and 1-35. The location of the composting facility(ies) should have a positive impact on
city programs, including, but not limited to, increased efficiencies for the residential collection
services Contractor's vehicles, easy access, minimized travel through residential areas, and
maximized use of highways and major thoroughfares. The Contractor will be required to
maintain the proposed composting facility(ies) location(s) for the term of the contract unless an
alternative composting facility(ies) or location is approved by the City in writing as described in
Section 8.17.
8.16 Delivery of Materials
For the term of any Contract(s) developed as a result of this RFP, the Contractor(s) shall accept
and process all acceptable organic materials caused to be delivered by the City to the
composting facility(ies). Acceptable organic materials will be direct -hauled to the Contractor's
composting facility(ies) via the residential collection services contractor, drop-off stations, and
City Departmental operations.
8.17 Alternative Composting facility
If, at any time during the term of any Contract(s) developed as a result of this RFP, the
Contractor is unable to accept and process any or all acceptable organic materials delivered to
the composting facility(ies), the Contractor shall be solely responsible for the following:
(1) procuring and utilizing an alternative composting facility approved by the City in writing;
and
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(2) any and all increases in costs, including, but not limited to transportation costs,
processing costs, and City capital and operational costs associated with the alternative
composting facility.
The Contractor shall notify the City in writing of proposed use of any alternative composting
facility(ies), including a written confirmation from the alternative Composting facility, if provided
by another company.
8.18 Capacity for Acceptable organic materials
The Contractor shall be solely responsible for providing sufficient capacity at the composting
facility(ies) to accept and process all acceptable organic material that the city causes to be
delivered from all sources. The composting facility(ies) shall have a tipping area with enough
capacity to store acceptable organic materials and other materials agreed upon by City and
Contractor(s).
8.19 Finished Product Marketing
The Contractor shall market all finished products produced through the processing of city -
provided acceptable organic materials for the entire term of any contract(s) developed as a
result of this RFP. For the purposes of this section, "marketing" shall not include use of finished
products as fuel, disposal of finished products in a landfill or waste -to -energy facility, or use of
finished products as daily or intermediate cover in a landfill.
Upon request, the Contractor shall provide the City with up to 30 cubic yards of mulch per 1,000
tons of brush and yard waste delivered at no additional cost per City. Proposers may provide
pricing for the City to purchase additional mulch or other products on optional Form 9.4. Any
mulch or other products provided to the City in accordance with this section shall be loaded into
vehicles provided by the City at the composting facility and transported at the City's own cost.
8.20 Unaccepted Loads
If a load of material delivered to the composting facility by or on behalf of the City contains more
then ten percent (10%) percent by weight of materials other than acceptable organic materials
or materials that are hazardous to the Contractor's personnel, facility, or equipment, then the
Contractor may designate the load as an unaccepted load. The Contractor shall reject such
load prior to the departure of the vehicle that delivers such unaccepted load from the
composting facility. The Contractor(s) may not designate a load as an unaccepted load for any
other reason unless mutually agreed upon in writing by the City.
For any load designated as an unaccepted load, the Contractor must provide written notice and
photographs of the unaccepted load prior to the collection vehicle departing the composting
facility to the driver of the vehicle and the authorized city representative.
In addition, the Contractor must maintain the load separately from other material to afford the
authorized city representative the opportunity to inspect the load.
The Contractor shall manage handling of the unaccepted load, including, but not limited to,
loading, transporting and disposing of the contents of the unaccepted load. The Contractor may
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City of Fort Worth FINAL Request for Proposals
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charge the City an unaccepted load a fee based on the incoming net weight of the unaccepted
load as reported by the scale at the composting facility.
8.21 Vehicle Access to Composting facility
The Contractor(s) must provide safe and efficient access to all vehicles delivering acceptable
organic materials to the composting facility.
The Contractor shall provide convenient access to the composting facility(ies) (e.g. within
proximity to all weather roads) and use of a wet weather area, for use as necessary, that is able
to accept acceptable organic materials in all weather conditions including heavy rains, winds, or
other natural events that could restrict vehicle access to unload material. If the Contractor
intends to utilize the tipping area as its wet weather area, the Contractor shall request approval
from the authorized city representative prior to the commencement date.
8.22 Priority Access and Vehicle Turnaround Time
The Contractor shall operate the composting facility(ies) to maintain a daily average vehicle
turnaround time of twenty (20) minutes or less for all vehicles delivering acceptable organic
materials by or on behalf of the City. The Contractor shall provide priority access to all vehicles
delivering acceptable organics materials by or on behalf of the city to achieve the daily average
vehicle turnaround times. Vehicle turnaround time will be calculated from the time a Vehicle is
weighed at the scalehouse to departure from the gates of the Composting facility.
8.23 Disposal of Acceptable organic materials and Finished Products Prohibited
The Contractor shall not dispose of any acceptable organic materials or provide any finished
products to end users or markets that the contractor knows or reasonably should have
anticipated will dispose of such materials except when approved in writing by the authorized city
representative.
8.24 Scalehouse Requirements
The composting facility(ies) shall be equipped with adequately sized vehicle scales and
computerized recordkeeping systems for weighing and recording all incoming and outgoing
vehicles. The recordkeeping system shall be capable of meeting the requirements of Section
8.4. Scales shall be tested and maintained as required by applicable law, at a minimum, but not
less than every three (3) months.
The Contractor(s) shall operate and maintain the scalehouse, including, but not limited to the
scales at the scalehouse. The scalehouse is not required to be attended, but unattended
scalehouses must, at minimum, provide for automated recordkeeping of incoming vehicles,
provide incoming vehicles with access to live audio communication with personnel at the
composting facility, and include video monitoring and recording capabilities.
The scalehouse and associated recordkeeping system shall be designed to track both the
arrival and departure of all vehicles caused to be delivered by the City to ensure compliance
with recordkeeping and reporting requirements in accordance with Section 8.4.
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8.25 Organics Material Audit
The Contractor agrees to participate in organics material audits on an as -needed basis. The
procedures for any organics material audits or other required studies shall be developed by the
Contractor(s) and agreed to by the City in writing.
8.26 Disposal of Residue and Contamination
The Contractor is responsible for separation, transportation, and disposal of residue and
contamination from the Processing of Acceptable organic materials at its own cost, which is
deemed to be included in the unit prices in the Price Proposal.
The City shall make good faith efforts to reduce contamination through public education and
enforcement efforts. If the City is unable to effectively reduce contamination and the Contractor
can reasonably demonstrate using audits and operating data that average contamination levels
in the City's organic material consistently exceeds both the ten percent (10% ) limit in Section
8.2 and the contaminant levels in materials accepted by the Contractor from other sources, then
the City and the Contractor shall negotiate in good faith to determine any additional amounts
payable by the City for managing excess contamination.
8.27 Security
The Contractor shall be solely responsible for providing and maintaining adequate security at
the composting facility(ies) and during transport of materials by or on behalf of the Contractor(s).
At a minimum, the Composting facility(ies) shall be secured as to prevent theft of materials and
control the escape of litter from the site.
8.28 Storage of Materials
The Contractor shall store material, both incoming and processed, to prevent putrification,
prevent negative impact to maneuvering of vehicles in the composting facility, and ensure the
safety of persons at the composting facility.
The Contractor(s) shall maintain adequate open space at all times for vehicles to unload in a
safe and timely manner, and to meet the requirements of Section 8.22. At no time shall the
Contractor require any vehicles to unload acceptable organic materials outside of the
composting facility(ies).
8.29 Ownership of Acceptable organic materials and Risk of Loss
Title to and risk of loss of acceptable organic materials will pass to the Contractor(s) once the
Contractor takes possession of the materials at the composting facility(ies) upon unloading of
acceptable organic materials from the vehicle. After the title to and risk of loss of acceptable
organic materials delivered passes to the contractor(s), if any such acceptable organic materials
or finished products are lost, damaged, or scavenged, the Contractor will still be required to
provide mulch to the City pursuant to Section 8.19 as if such materials had not been lost,
damaged, or scavenged.
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City of Fort Worth FINAL Request for Proposals
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8.30 Quality Assurance of Finished Products
Proposers shall provide information on their quality assurance procedures for finished products
and any third -party certification programs in which they participate such as the U.S. Composting
Council (USCC) Seal of Testing Assurance (STA) program or similar in accordance with Section
10.5.2(1)g.
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SECTION 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 reference into any Contract developed as a result of this RFP. The City discourages
the inclusion of general marketing material, equipment manuals, or large financial
statements unless they are used to provide specific information or specifically
requested by the City.
(3) The Proposer shall submit proposals electronically using the City's Bonfire platform as
further described in Section 5.1.
9.2 Proposal Format
9.2.1 Signatures
Proposers shall sign their Proposals by completing and submitting Form 8 (Proposal Response
Form). All required signatures shall be manual, 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 by 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 1-9).
9.2.3 Proposal Format
Proposals shall be submitted in the format indicated in Table 2. The content required to be
included in each section is detailed in Section 10 of this RFP.
Table 2: Proposal Format
Section Content Form
Section 1 Letter of Intent None
Section 2 Company History and Ownership Form 1
Section 3 Company Experience None
49
City of Fort Worth FINAL
Organic Waste Processing Services
Proof of Satisfaction of Minimum
Section 4
Requirements and Experience
Section 5
Method of Approach
Section 6
Key Personnel
Section 7
Contractor's Representative
Section 8
Financial Statement
Section 9
Financial Capacity
Litigation and Payment of Liquidated
Section 10
Damages History
Section 11
Compliance Records
Section 12
Release and Indemnification
Section 13
Acknowledgement of Addenda
Section 14
Non -Collusion Acknowledgement
Section 15
Suspension or Debarment
Section 16
Exceptions
Section 17
Proposal Response Form
Section 18
Price Proposal
50
Request for Proposals
RFP No. 24-0133
Form 2
None
None
None
None
None
None
None
Form3
Form 4
Form 5
Form 6
Form 7
Form 8
Form 9
City of Fort Worth FINAL Request for Proposals
Organic Waste Processing Services RFP No. 24-0133
SECTION 10 — PROPOSAL CONTENT REQUIREMENTS
The proposal shall contain all of the following information applicable providing Services:
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 the name, title, contact number, email address and physical address of the
person to be contacted during the RFP process
(4) Identify any subcontractors to be utilized
Additionally, the Letter of Intent shall include the following statements:
(5) Proposal Binding for One Hundred Eighty (180) Days. The proposal shall be binding
for one hundred eighty (180) days pursuant to Section Error! Reference source not
found.. The letter of intent shall include a statement that the proposal is a firm offer for a
one hundred eighty (180) calendar day period from the Proposal Submission Deadline.
(6) 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 and complete Form 1
(Statement of Organization). 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 shall be identified, including the role of each subcontractor.
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 Proof of Satisfaction of Minimum Requirements
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 proposal a letter indicating proof of the ability to acquire a letter of credit or
Performance Bond that meets or exceeds the requirements described in Section 8.5.
51
City of Fort Worth FINAL Request for Proposals
Organic Waste Processing Services RFP No. 24-0133
(2) References. The Proposer shall submit documentation demonstrating that they have
Processed at least 50,000 tons of organic waste during the past five (5) years. On
Form 2, Part A, the Proposer shall provide contact information of three or more
customers with total combined organic waste deliveries of 5,000 tons or more during
that five (5) year period. For each reference, Proposer shall provide the following
information on Form 2, Part B:
a. Name of customer and location
b. Start and end dates of any service contract
c. Total customer tons Processed in past five (5) years
d. Description of services provided.
10.5 Method of Approach
Proposers shall provide the following information related to the provision of Services.
10.5.1 Facility Ownership and Capacity
Proposers shall identify each composting facility to be used for the performance of Services
under the Agreement and provide the following information.
a. Name, location, and description of the facility and type of materials that will be
managed at the location.
b. Name of owner and operator of the facilities and confirmation if the company that
owns and/or operates the facility is the same as the Proposer, a related -party
entity, or subcontractor.
c. Contact name and phone number of the site manager.
d. Term of the Proposer's contract with the facility.
e. If the facility is owned and operated by the Proposer, provide a guarantee of the
capacity offered to the City in the Proposal for the full term of any contract
developed as a result of this RFP. If the facility is not owned and operated by the
Proposer, provide a letter from the facility owner and operator that documents their
commitment to provide the processing services proposed and guaranteeing the
capacity required over the term of the Contract.
10.5.2 Facility Details
a. Provide a site plan for each facility that will be utilized to provide Services including
any buildings, access, roadways leading to the site and internal roads, parking,
scalehouse and scales, administrative offices, security features (e.g., fencing,
gates) and site infrastructure. Proposers should appropriately identify aspects or
features of the site plan to show that it meets the City's current and future needs.
b. Provide an overview of the process and technology employed including a process
flow diagram and description of the processing equipment and rolling stock, and
photographs of the exterior and interior of each facility, recovery rates, and types of
52
City of Fort Worth FINAL Request for Proposals
Organic Waste Processing Services RFP No. 24-0133
customers served (e.g., residential, commercial). The facilities identified shall
demonstrate that the Proposer has the experience to provide the Services for
acceptable organic materials that are proposed.
c. Confirm the Contractor's intention to provide to receive and process brush and
yard waste and identify any additional materials that can be accepted and
processed as acceptable organic materials such as biosolids, clean wood, food
scraps and soiled paper and other materials that may be suggested by the
Proposer. For each additional material type proposed, provide the total tonnage of
that material type processed in the past five (5) years.
d. Describe the maximum total capacity and available capacity of any and all facilities
in tons per year and peak tons per day. Provide evidence supporting the stated
total and available capacities. Provide an overview of each facility's operating
history including commencement date and total tons processed in each of the past
five (5) years.
e. Describe the type(s) of finished products produced and provide a history of annual
tons marketed for the past five (5) years, and a description of the Proposer's
overall strategy for marketing Finished Products.
f. Describe the Proposer's approach to controlling litter, odor and other nuisances.
g. Provide information on the Proposer's quality assurance procedures for finished
products and any third -party certification programs in which they participate such
as the U.S. Composting Council (USCC) Seal of Testing Assurance (STA) program
or similar programs.
10.5.3 Staffing and Training
Proposer shall meet the personnel standards as set forth in Section 8.10. Proposer shall
describe the following:
a. Number of front line and spare staff to be used to perform the services
b. Policies and procedures that are in place to ensure that personnel performing
services are qualified and proficient.
c. Any training programs for personnel.
d. Dress code that is required for personnel.
e. Procedure for hiring personnel to ensure continuity of service, particularly during
labor shortages.
10.6 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
53
City of Fort Worth FINAL Request for Proposals
Organic Waste Processing Services RFP No. 24-0133
dedicated to work on the Contract. Provide resumes for key proposed management team
members.
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.
10.7 Contractor's Representative
Identify the Contractor's representative who will be responsible for the Proposer's operations
under any Contract 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.
10.8 Financial Statement
Proposer shall furnish a copy of the Proposer's most recent audited financial statement. If in the
event the Proposer does not have an audited financial statement, Proposer may substitute non -
audited financial statements and complete federal tax returns for the last two (2) years.
10.9 Financial Capacity
If the Proposer intends to purchase large equipment or construct a facility, the Proposer shall
provide proof of financial capacity to provide facilities and equipment meeting the minimum
requirements of this RFP.
The proof provided will be at the discretion of the Proposer, but should 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.
(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 lenders or other financial partners, including guarantees from
parent companies if a parent company will be providing equity for the project.
(5) Dun & Bradstreet Credit Report
If the Proposer intends to develop one or more facility(ies), they should include a cost estimate
broken out by the following categories:
(1) Site work and utilities.
(2) Facility building.
(3) Other buildings (if applicable).
54
City of Fort Worth FINAL Request for Proposals
Organic Waste Processing Services RFP No. 24-0133
(4) Processing equipment.
(5) Rolling stock.
10.10 Litigation and Payment of Liquidated Damages History
Proposer shall describe any outstanding lawsuits, current litigation with the City during the last
five (5) years and any outstanding regulatory issues in the last five (5) years involving the
Proposer, the Proposer's subcontractor(s), and all subsidiaries owned by Proposer. List the
amount of liquidated damages or other damages that were paid, the name of the jurisdiction or
entity to which such damages were paid, and the event(s) that triggered the damages.
10.11 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 parent company, subsidiaries, affiliates, or
subcontractor(s) received in the past five (5) years from public agencies. In addition, provide a
statement disclosing any and all fines, penalties, settlements, or damages of any kind paid by
these entities 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 as they relate to services under the Agreement 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) Any other reason
10.12 Release and Indemnification
Proposers shall complete and submit Form 3 (Release and Indemnification). Failure to complete
and submit Form 3 may result in rejection of the Proposal.
10.13 Acknowledgement of Addenda
Proposer shall complete Form 4 (Acknowledgement of Addenda). Failure to acknowledge all
addenda may result in rejection of the proposal.
10.14 Non -Collusion Acknowledgement
Proposer shall complete Form 5 (Non -Collusion Acknowledgement). Failure to complete
Form 5 may result in rejection of the proposal.
10.15 Suspension or Debarment
Proposer shall complete Form 6 (Suspension or Debarment Certificate). Failure to complete
Form 6 may result in rejection of the proposal.
55
City of Fort Worth FINAL Request for Proposals
Organic Waste Processing Services RFP No. 24-0133
10.16 Exceptions
Proposer shall complete Form 7 (Exceptions) and 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.
10.17 Proposal Response Form
The Proposer shall complete and submit Form 8 (Proposal Response Form). The Proposal
Response Form shall be signed by the Proposer's President, Vice President or other corporate
officer with authority to sign in accordance with Section 9.2.1. Failure to complete Form 8 may
result in rejection of the Proposal.
10.18 Price Proposal
Proposer shall complete the Price Proposal Form (Form 9) to provide the City with the
Proposer's unit prices for performing the Services. Failure to submit Form 9 may result in
rejection of the Proposal.
Mt
EXHIBIT D
Vendor's Response to City of Fort Worth RFP 24-0133
THE
ORGANIC
RECYCIER
The Sustainable Partnership
Organic Waste Processing Services
RFP: 24-0133
Submitted by: TOR Texas, LLC dba The Organic Recycler
4825 Forest Hill Circle, Forest Hill, Texas 76140
RFP NO. 24-0133 — ORGANIC WASTE PROCESSING SERVICES
Page 1 of 56
Section 1: Letter of Intent
Letter of intent is provided on next page
RFP NO. 24-0133 - ORGANIC WASTE PROCESSING SERVICES
Page 2 of 56
THE
ORGANIC
RECYCIER
4825 Forest Hill Circle, Forest Hill, TX 76140
March 3, 2023
City of Fort Worth
Environmental Services Department
200 Texas Street
Fort Worth, Texas 76102
RE: RFP NO. 24-0133 Organic Waste Processing Services
Dear City of Fort Worth Representative,
This letter of intent is written to document our eagerness to recycle, compost, and transform organic
waste streams generated in the City of Fort Worth into viable landscape materials. Our team has been
receiving your organic waste stream for a few months and are confident that we can meet the needs of
the City while benefiting the environment.
My name is Tim Sansone, a managing partner at The Organic Recycler. I will be the best point of contact
regarding our proposal for RFP No.24-0133. You can reach me at 817-437-2277 or
Tim@TheOrganicRecvcler.com
The proposal included with this letter shall be binding for one hundred eighty (180) days pursuant to
Section 4.1.2. This proposal is a firm offer for a one hundred eighty (180) calendar day period from the
Proposal Submission Deadline.
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 Cities as to any material facts.
Sincerely,
Tim Sansone
Managing Partner
The Organic Recycler
Page 3 of 56
Section 2: Company History and Ownership
The Organic Recycler (TOR) is a limited liability company legally named TOR Texas, LLC dba The Organic
Recycler. The company started in December 2013 as a single composting/recycling facility located at
5100 Forest Hill Circle, Forest Hill, Texas
76140. In 2018 TOR acquired a food
composting site located in
Hutchins (south Dallas). After
considerable investments, it is
now one of the largest
composting sites in Texas
processing an excess of 100,000
tons of organic waste annually.
The Organic Recycler has grown
to six locations across the
metroplex with 180 acres
dedicated to recycling organics.
The facilities use high-tech
machinery to manufacture
products and robotics to bag and
palletize. The vast number of
equipment and delivery vehicles
enables TOR to reach all parts of
the metroplex with high -quality
products and service. TOR's
mission is to assist customers in
Alliance
Dallas19 19 Q Melissa
Forney
19
Forest Hill Q 0 Hutchins
�THE
ORGANIC
RECYCLER
enhancement of landscapes across
one truckload at a time. A team of nearly 150 employees makes it all possible.
the
America
Jud Smith and Tim Sansone are the sole owners and operators. The entity does not have equity
investment firms or other investors. No subcontractors are needed to complete the scope of this
proposal. All equipment planned to be utilized is owned by The Organic Recycler.
Form 1 is provided on next page.
RFP NO. 24-0133 — ORGANIC WASTE PROCESSING SERVICES
Page 4 of 58
FORM 1: STATEMENT OF ORGANIZATION
Proposer Name: The Organic Recycler
Full Name of Business: TOR Texas, LLC dba The Organic Recycler
Type of Corporate Entity: Limited Liability Company
Tax I D:
Principal Business Address:
Local Business Address:
(if applicable)
Contact Name:
Telephone Number:
Authorized Representative(s)
4825 Forest Hill Circle
Forest Hill, Texas 76140
Tim Sansone Title: Managing Partner
817-437-2277 Email Address: Tim@TheOrganicRecycler.com
Provide the names of authorized representative(s) of the Proposer who has legal authority to bind
the Proposer in contractual obligations:
Tim Sansone and Jud Smith
Subcontractor(s)
List all subcontractors participating on this proposal
Name
None
Address
Area of Responsibility
Page 5 of 56
Section 3: Company Experience
The Organic Recycler can meet the current and future needs of Fort Worth. Members of TOR have been
composting and processing wood waste in Tarrant County for over a decade. The team knows the area
and is prepared to manage the City's organic waste. TOR is split into three divisions:
Land clearing and municipal grinding services
Municipalities hire TOR to grind brush at their facilities. This is typically a curbside collected
residential brush. TOR works for numerous cities and counties across Texas.
TOR has an annual contract with Collin County to provide tree removal and grinding services. Developers
and excavation contractors who need trees removed for ongoing development contact TOR to clear and
recycle the vegetation. The cleared trees are typically ground on the jobsite using mobile grinders,
excavators, and wheel loaders. The chipped brush is then hauled in semi -trucks to one of the six
composting yards for further processing.
Brush, food, and beverage waste diversion
TOR's six sites accept green waste from residents and commercial contractors. The Hutchins
yard also accepts food and beverage waste. The sites process organic waste into chips to be composted,
screened, and sold as landscape materials.
The food waste diversion program developed at the Hutchins yard far exceeds the boundaries of
north Texas. International companies have partnered with TOR to direct their waste from manufacturing
facilities and post consumers from across the country. TOR is interested in working with Cities to
develop and assist in food waste diversion.
Landscape material sales
TOR understand Fort Worth's desire to transform their organic waste into a landscape material
and not be discarded or landfilled. TOR is a wholesaler that has built relationships with nurseries,
RFP NO. 24-0133 - ORGANIC WASTE PROCESSING SERVICES
Page 6 ®f 56
growers, landscapers, and retailers. The business has been successful in supplying customers with high
quality products, dependable delivery, and superior customer service. The Organic Recycler offers a
variety of products to meet customers' needs and budgets. TOR provides colored, cedar, hardwood, and
finely shredded mulches. Soils are blended with compost from the processing facilities. Many of the
products can be purchased in both bulk and bag.
RFP NO. 24-0133 - ORGANIC WASTE PROCESSING SERVICES
Page 7 of 58
Section 4: Proof of Satisfaction of Minimum Requirements
Veritex Bank has provided a letter stating they will provide a letter of credit upon award on contract.
Form 2 is provided on next page.
RFP NO. 24-0133 - ORGANIC WASTE PROCESSING SERVICES
Page 8 of Be
V
VE RITEX8
COMMUNITY BANK
March 5, 2024
City of Fort Worth
Environmental Services Department
200 Texas St.
Fort Worth, TX 76102-6311
RE: THE ORGANIC RECYCLER RFP: 24 - 0133
ORGANIC WASTE PROCESSING SERVICES
Dear Agents:
Please accept this letter as confirmation that Veritex Community Bank will provide The Organic Recycler
a letter of credit in accordance with the requirements set forth in the draft agreement pending their
award of RFP No 24 - 0133 Organic Waste Processing Servcies. The agreement states the LOC will be for
the sum of twelve months of the projected fees. Veritex Community Bank will issue a letter of credit on
behalf of The Organic Recycler in that estimated amount.
The Organic Recycler, affiliated companies, and owners have been long-time, valued clients of Veritex
Bank. Please let me know should you require additional information to ensure that The Organic Recycler
is adequately positioned to compete in this process.
Sincerely,
oeA"4� d, 4&- *4�
Laura S. Miller
Market President - Dallas/Fort Worth
TRUTH IN TEXAS BANKING MEMBER FDIC I EQUAL HOUSING LENDER VERITEXBANK.COM
Page 9 of 56
FORM 2: PREFERRED MINIMUM QUALIFICATIONS
Part A: References
Proposers shall provide contact information for three (3) or more customers with total combined
organic waste deliveries of 5,000 tons or more in the past five (5) years as described in Section
10.4(2). Attach additional copies of this page if necessary.
Proposer's Name
The Organic Recycler
1. Reference Name
Alex Whitewav
Reference Title
Assistant Director of Utilities
Reference Company
City of Mansfield
Current Address
707 Pleasant Ridge
City, State, Zip Code
Mansfield, Texas 76063
Telephone Number
( 817 )728-3615
Email Address
Alex.whitewav(jc�mansfieldtexas.gov
2. Reference Name
Dustin Deel
Reference Title
Director of Municipal and Community Service
Reference Company
City of Weatherford
Current Address
802 East Oak Street
City, State, Zip Code
Weatherford, Texas 76086
Telephone Number
( 817 ) 598-4188
Email Address
ddeel@weatherfordtx.gov
3. Reference Name
Lauren Clarke
Reference Title
CEO
Reference Company
Turn Compost
Current Address
2600 Post Oak Road
City, State, Zip Code
Hutchins, Texas 75141
Telephone Number
( 214 ) 302-8883
Email Address
lauren@TurnCompost.com
References PAGE 1 of 2
Page 10 of 56
FORM 2: PREFERRED MINIMUM QUALIFICATIONS
Part A: References
Proposers shall provide contact information for three (3) or more customers with total combined
organic waste deliveries of 5,000 tons or more in the past five (5) years as described in Section
10.4(2). Attach additional copies of this page if necessary.
Proposer's Name The Organic Recycler
(Ryan recently left the City to work at TCEQ. - Andrea Park is serving in the open position)
1. Reference Name Ryan Delzel - Andrea Park
Reference Title Environmental Waste Services Manager
Reference Company Plano
Current Address 4120 W. Plano Parkway
City, State, Zip Code Plano, Texas 75093
Telephone Number ( 972) 769-4406
Email Address AndreaP(a)_plano.gov
2. Reference Name
Reference Title
Reference Company
Current Address
City, State, Zip Code
Telephone Number
Email Address
3. Reference Name
Reference Title
Reference Company
Current Address
City, State, Zip Code
Telephone Number
Email Address
Chuck Strickland
Strategic Sourcing Manager
Orqanix - Denali
220 S. Commerce Ave
Russellville, AR 72801
( 815 ) 641-3878
chuck.strickland@denaliwater.com
References PAGE 2 of 2
Page 11 of 56
Part B: Experience
Provide the following information about the reference customers identified in Part A. Attach
additional copies of this page if necessary.
Experience Information:
Name of Customer: Alex Whiteway
Location: City of Mansfield
Experience Overview:
Customer Tons Processed in Past 5
1,850 tons
Years:
Contract Start and End Dates: Been ongoing for eight years
Additional Experience/Project Description:
Blank sheets with continued additional experience/project descriptions, drawings or photos may be
included as attachments to this Form.
City of Mansfield has a recycling program offered to it's residents. They do multiple
collections each year, our team grinds the brush into mulch. This mulch is hauled off for
further processing. Our team converts this into compost and processed mulch. We then
provide finished products back to the City for use in their landscaping.
Page 12 of 56
Part B: Experience
Provide the following information about the reference customers identified in Part A. Attach
additional copies of this page if necessary.
Experience Information:
Name of Customer: Dustin Deel
Location: City of Weatherford
Experience Overview:
Customer Tons Processed in Past 5
9,375 tons
Years:
Contract Start and End Dates: Been ongoing for six years
Additional Experience/Project Description:
Blank sheets with continued additional experience/project descriptions, drawings or photos may be
included as attachments to this Form.
Our team worked with City of Weatherford to create a recycling program. Previous to
our involvement, the City was landfilling their brush. The City has ongoing brush
collections and dropped at their processing site. We grind the brush annually and haul it
to our site for further processing. During heavy storm events, our team has aided in their
weekly curb collections using grapple trucks. After a month, the City was able to get a
handle on the brush and return to normal operation.
Page 13 of 56
Part B: Experience
Provide the following information about the reference customers identified in Part A. Attach
additional copies of this page if necessary.
Experience Information:
Name of Customer: Lauren Clarke
Location: Turn Compost
Experience Overview:
Customer Tons Processed in Past 5
1,000 tons
Years:
Contract Start and End Dates: Ongoing
Additional Experience/Project Description:
Blank sheets with continued additional experience/project descriptions, drawings or photos may be
included as attachments to this Form.
Turn Compost operates a food collection program for both businesses and residents.
Turn drops off their food waste at our food composting site at 2600 Post Oak Road,
Hutchins, Texas 75141. The Hutchins site is a 100 acre state-of-the-art operation that
transforms food waste into a viable landscape product. The site receives approximately
80,000 tons of food waste annually. This food waste is mixed with 120,000 tons of wood
waste to create some of the most nutrient compost in Dallas Fort Worth. Our biological
recipe couldn't be possible without the partnership with food suppliers like Turn
Compost.
We are expanding our partnership with Turn Compost to expand our
collection/processing sites across Dallas -Fort Worth.
Page 14 of 56
Part B: Experience
Provide the following information about the reference customers identified in Part A. Attach
additional copies of this page if necessary.
Experience Information:
Name of Customer: Ryan Delzel
Location: City of Plano (Texas Pure)
Experience Overview:
Customer Tons Processed in Past 5
Years:
Contract Start and End Dates:
Additional Experience/Project Description:
37,500 tons
February 2022 - February 2023
Blank sheets with continued additional experience/project descriptions, drawings or photos may be
included as attachments to this Form.
City of Plano has hired us to grind brush during heavy spring events or natural
disasters. In 2021, our team used multiple grinders to keep up with the influx of brush.
Due to the extreme volume, grinding took place in parking lots and throughout the City.
Using mobile grinding operations we were able to keep up with the City's needs until
they were back to a normal stream of incoming brush.
Having a fleet of 36 semi trucks and trailers makes us flexible. We are able to dedicate
the needed equipment during peak season to Texas Pure. Between February and April
Texas Pure's Custer location is sometimes overloaded with ground chips and needs
additional trucks to haul off the chip material to their Melissa processing site.
Page 15 of 56
Part B: Experience
Provide the following information about the reference customers identified in Part A. Attach
additional copies of this page if necessary.
Experience Information:
Name of Customer: Chuck Strickland
Location: Organix
Experience Overview:
Customer Tons Processed in Past 5
80,000 tons
Years:
Contract Start and End Dates: January 2020 - Ongoing
Additional Experience/Project Description:
Blank sheets with continued additional experience/project descriptions, drawings or photos may be
included as attachments to this Form.
Organix / Denali delivers multiple truckloads of food waste to one of TOR's processing
facilities. The food waste arrives in bulk and then blended with wood waste. The
composting process is accomplished in windrows.
Page 16 of 56
Section 5: Method of Approach
Section 5.1: Facility Ownership and Capacity
The primary location for processing organic waste in Fort Worth is located at 5100 Forest Hill Circle,
Forest Hill, Texas 76140. The yard is in Tarrant County just south of IH-20 and west of US 287. It has easy
access from IH-20 via Anglin Drive. The site area is 18 acres with space for expansion and added
capacity. TOR Holdings, LLC is the property owner. TOR Holdings, LLC is a related party of TOR Texas,
LLC. TOR Texas, LLC dba The Organic Recycler is the official operator. TOR can process 30,000+ tons per
year of brush from Fort Worth. Communication with City should be directed to Tim Sansone who can be
reached at 817-437-2277. Additional direct lines of communication with the site manager and
operations team will be provided upon request.
RFP NO. 24-0133 — ORGANIC WASTE PROCESSING SERVICES
Page 17 of 56
S
rnz
A
Site Map showing brush drop-off route
Looing west: overview of drop-off route on concrete
RFP NO. 24-0133 — ORGANIC WASTE PROCESSING SERVICES
!11
Page 18 of 56
Section 5.2: Facility Details
Forest Hill yard is currently receiving Fort Worth brush drop offs. Process has been working effectively
with quick turnaround times. If awarded, TOR will make additional concrete drop off improvements to
limit potential for trucks being stuck on site and create additional dumping area if emergencies arise for
increased rate of disposal. The grinding and composting process will remain the same as it is today.
Organic Material Inspection
Incoming loads are inspected for inorganic material. Loads containing more than
10% inorganic material will be rejected. TOR has not seen any loads with
contamination to date and do not expect to require this.
Inspect
Inorganic material will be sorted out of the loads for landfill/recycling. Organic Material
material will be placed for immediate processing. Wheel loaders will push the
material towards a pile of brush ready to be ground. do-
Grindin>? material Grind
Brush and other vegetation will be ground together through a tub or Brush
horizontal grinder. An excavator will grab the brush and load it into the
grinder. Grinders have 1,000+hp engines that beat/chip the wood into 6"
minus pieces. This material is then placed into compost piles.
Compost
Composting Process
The microbial activity begins to work immediately after grinding. This
decomposition transforms the waste into compost. TOR sites use aerobic
decomposition strategies to limit odor with the goal of not releasing
methane. Aerobic decomposition is possible when the composting material
Grind
maintains an approximate 30:1 carbon/nitrogen ratio and a moisture
Again
content of 55%. This is the ideal environment for the aerobic microbes to
work efficiently. The piles are turned to keep air circulating and the
ingredients mixed.
Grindin>; and Screening
Screen
The product then goes through another grinding process to reduce the size of the
mulch to 2" minus. At this stage, the dark brown material is a mixture of
compost and mulch. It needs to be screened to separate the products. TOR
accomplishes this with multiple style screening plants.
Reta i I
Retail
The cured mulch and compost is sold in bulk and bag. TOR has two robotic
bagging machines onsite. Mulch is placed into a hopper which conveys that
into a bagging machine. This then bagged mulch is stacked by a robot. The final
product is wrapped and transported with a forklift onto a flatbed for shipment. Palletized product is
shipped across DFW and the state for retail.
RFP NO. 24-0133 - ORGANIC WASTE PROCESSING SERVICES
Page 19 of 56
Rolling Stock
With over 70 pieces of heavy equipment, TOR has the largest composting fleet in the metroplex. TOR
owns 8 grinders, 30+ wheel loaders, 13 excavators, 7 track loaders, 8 screening plants, multiple stackers,
off -road trucks, and 40+ semitrucks. Without a doubt, TOR has the equipment and knows how to build a
composting program to
meet the goals of Fort
°«4
Worth. A mechanical
breakdown will not limit
TOR's ability to process
the material in a timely
`
manner. TOR has backup
b
equipment and has
internal heavy haul
trucks to move
equipment around the
V `
state. It is anticipated
that a grinder will be
`
dedicated to this project
with additional grinders
needed during peak season.
Acceptable Materials
TOR has a proven track record of working with cities to develop tailored composting operations to fit
their needs and desires. Currently, Forest Hill yard accepts only yard waste and brush. As the needs of
Fort Worth increase and additional organic wastes stocks are incorporated, TOR will work with the City
to create additional composting services.
Permitting
Texas Commission of Environmental Quality (TCEQ) regulates each composting facility in Texas. TCEQ
has approved a legal capacity of 35,000 CY of brush on site at the Forest Hill yard. This quickly turns into
mulches and composts. In addition, if
Forest Hill ever becomes overrun with
emergency storm debris and other
organic products, TOR can shift
products around to other facilities a
that have additional capacity. There is
not a peak allowable tons per day for
brush drop off. Forest Hill site has
been permitted by TCEQ since 2014.
For the last five years, TOR has
continually processes over 100,000
tons/year in organic materials. ,.
Yard Waste and Brush Hauled by
Contractor
TOR owns and operates 6 grapple
trucks and uses them throughout the
RFP NO. 24-0133 — ORGANIC WASTE PROCESSING SERVICES
Page 20 of 56
metroplex to haul brush for cities, developers, and landscape contractors. The brush is picked up and
hauled off for recycling. During peak storm events, cities hire TOR to provide emergency response and
street pickups.
Retail of Finished Products
Commercial landscape customers have been TOR's largest purchaser of mulches, composts, and blended
soils. These sales are from both bulk and palletized bags. TOR sells several hundred thousand cubic yards
of materials each year from their multiple facilities in the metroplex. TOR products are now sold across
the region including south Texas, Oklahoma, west Texas, and Lousiana. TOR owns their own delivery
fleet and determines which yard to pick up material from. TOR can ensure that the material will be sold
and transported out of the Forest Hill yard timely, creating room for additional material to be processed.
Communitv Partner
Odor, noise, and visual concerns are taken seriously. TOR takes the necessary steps to be a good
neighbor for the community. The composting site is kept tidy. Piles of products are kept clean, trash is
removed from the site, and odor is eliminated. For many years the site has operated with heavy
machinery running 1000+hp engines. Adding this project's capacity will not elevate noise or odor issues.
The property is fenced, protecting debris from blowing across property lines.
United States Composting Council (USCC) is the standard testing authority for TOR's compost. The
compost is sent for testing in accordance with USCC guidelines to third party testing agencies. Reports
are available upon request. TOR's compost meets the Seal of Testing Assurance (STA) program
requirements.
Section 5.3: Staffing and Training
The initial person that all customers meet at the site is the customer service representative (CSR). This
person works with the customer to gather information, help answer any questions, and direct the
customer where to dump their brush. The CSR is on a team with other CSRs from across the company.
They work together to backfill when someone is out on vacation or ill. Their manager can also fill in as
needed. All new employees have a training program that reviews company policies for standard
operating procedures, emergencies, and standard expectations. Employees are required to dress
professionally and represent the company well.
Safety is paramount. Anyone that walks on the site out of their vehicle is required to wear a personal
protective vest. It is everyone's responsibility to act accordingly on site, to be safe, and be on the
lookout for safety concerns.
RFP NO. 24-0133 - ORGANIC WASTE PROCESSING SERVICES
Page 21 ®f 56
Section 6: Key Personnel
Owners Jud Smith and Tim Sansone have built a team of highly skilled, focused individuals working
towards a common goal. It is a fun team environment that encourages innovation, customer service,
and hard work.
Jud Smith is TOR's president.
He has been in the landscape
industry for over 25 years. He
is skilled in managing large
teams and bringing the right
people together. Jud is
operation focused, keeping
the manufacturing team on
track, and incorporating
efficiencies while growing
production. For the City's
brush recycling program, he
will be involved with internal
Director of
Operations
Randy Geeslin
Assistant Sales
Manger
Mackenzie Arnold
Director of All Sites
Daniel Maldonado
monthly reporting and
auditing the grinding CSR AccountingTeam Forest
composting process. Jud is a Amelia Manger
native of Fort Worth
attending Pascal Highschool.
He enjoys riding bikes on the Trinity Trails.
RFP NO. 24-0133 - ORGANIC WASTE PROCESSING SERVICES
The United States Composting
Council recognized Tim Sansone
as a certified composting
operations manager (CCOM). He
has been making mulches and
soils for 10 years. Tim
understands how high -quality
products are made and the value
of consistency. He leads the
company's sales and marketing
departments. Connecting with
people and building long-term
relationships are critical for Tim.
He has lived in Fort Worth for
nearly 20 years and calls it home.
Tim will be the direct point of
contact for City of Fort Worth.
Page 22 of 56
`A
l
Randy Geeslin is TOR's Director of Operations. He serves as the
owners' direct support, being involved in all aspects of the
business. He's responsible for a wide array of items that extend
from keeping machines running to driver safety policies. Randy
enjoys taking on new projects and finding the most efficient
method to complete them. He keeps the team on their toes as the
company's comedian. Randy
is a team player and a critical
member of TOR.
Christine Chisolm is TOR's
Accounting Manager. Her
dedication and team spirit makes her a treat to work with. She will
communicate with City of Fort Worth regarding billing, invoices,
and special reporting. Christine is a local native of Fort Worth who
attended Pascal high school and says she's a panther for life.
Christine has been married for 18 years and has twin boys.
Assistant Sales Manager,
Mackenzie Arnold, keeps the office running smoothly and customers
happy. Her goal is to take care of our highest priority customers and
ensure customer service is paramount. She works directly with our
customer service representatives who greet customers when they
enter the composting sites to purchase products or drop brush.
Mackenzie also oversees our marketing and social media platforms.
Her love for recycling and composting led her to become active in the
State of Texas Alliance for Recycling (STAR). She sits on the council
steering our state to make
forward -thinking investments
in sustainable practices.
Mackenzie will be engaged in
communication with City of
Fort Worth and future city
sustainable programs.
Daniel Maldonado is the Director of All Sites. He works directly
with the site managers at each yard checking product quality,
equipment is operating efficiently, and crews are on task. He
has been with TOR for many years. Starting as an operator,
Daniel has worked his way into management. He is a
dependable leader with a positive can -do attitude.
RFP NO. 24-0133 — ORGANIC WASTE PROCESSING SERVICES
Page 23 of 56
Section 7: Contractor's Representative
Tim Sansone will be the direct point of contact for this program. He intends to meet with the City of Fort
Worth frequently in the beginning and later once a month. A monthly report will be provided for
documenting total tonnage, number of loads, speed of disposal, material processed, and any special
issues or concerns. Tim will work with City management and meet more frequently if needed. Tim has
been working with James Keezell and Christian Harper during the emergency brush recycling process.
The communication process has been working well. Tim is authorized to act on behalf of TOR and make
decisions.
RFP NO. 24-0133 - ORGANIC WASTE PROCESSING SERVICES
Page 24 of 58
Section 8: Financial Statement
The most recent audited financial statement is included for your review.
RFP NO. 24-0133 - ORGANIC WASTE PROCESSING SERVICES
Page 26 of 58
To: TOR Texas, LLC
4825 Forest Hill Circle
Forest Hill, TX 76140
Management is responsible for the accompanying financial statements of TOR
Texas, LLC, (a Limited Liability Company), which comprise the statement of assets,
liabilities, and equity —tax basis as of December 31, 2022, and the related statement of
revenues, expenses, and retained earnings —tax basis for the year then ended in
accordance with the tax basis of accounting, and for determining that the tax basis of
accounting is an acceptable financial reporting framework. We have performed a
compilation engagement in accordance with Statements on Standards for Accounting
and Review Services promulgated by the Accounting and Review Services Committee
of the AICPA. We did not audit or review the financial statements, nor were we required
to perform any procedures to verify the accuracy or completeness of the information
provided by management. Accordingly, we do not express an opinion, a conclusion, nor
provide any form of assurance on these financial statements.
The financial statements are prepared in accordance with the tax basis of
accounting, which is a basis of accounting other than accounting principles generally
accepted in the United States of America.
Management has elected to omit substantially all the disclosures ordinarily
included in financial statements prepared in accordance with the tax basis of
accounting. If the omitted disclosures were included in the financial statements, they
might influence the user's conclusions about the Company's assets, liabilities, equity,
revenues, and expenses. Accordingly, the financial statements are not designed for
those who are not informed about such matters.
m�00are-.4q �z..a
Cal D Smallwood, CPA
Smallwood & Associates, PLLC
Collevville, TX
City, State
June 27, 2023
Report Date
Page 26 of 56
11:23 AM TOR Texas L.L.C.
06/27/23 Statement of Assets, Liabilities & Equity -Tax Basis
Accrual Basis As of December 31, 2022
Dec 31, 22
ASSETS
Current Assets
Checking/Savings
11000 • Liberty Bank Operating Account
90,942.27
11010 • Liberty Bank Payroll Account
53,302.96
Total Checking/Savings
144,245.23
Accounts Receivable
11001 • Accounts Receivable
11002 • Allowance for Doubtful Accounts
-163,548.50
11001 • Accounts Receivable - Other
5,976,628.04
Total 11001 • Accounts Receivable
5,813,079.54
Total Accounts Receivable
5,813,079.54
Other Current Assets
12000 • Undeposited Funds
195,872.21
12200 • Employee Advances
76,786.25
12300 • Due From TOR Holdings
1,962,618.00
Total Other Current Assets
2,235,276.46
Total Current Assets
8,192,601.23
Fixed Assets
13000 • Land & Leasehold Improvements
13001 • Leasehold Improvements
367,511.05
13002 • 5100 & 4825 FH-parking lot
70,380.00
13003 • Dallas Yard Bldg Improvements
20,861.46
13004 • Hutchins-pads&parking lot,fence
135,425.98
13005 • Hutchins -Building Foundation
51,745.00
13006 • Hutchins -Destruction Pad Cover
23,750.00
13007 • Hutchins -Update Trailers
10,763.50
13008 • 6701 Anglin Office -Building Imp
61,680.07
13009 • 6701 Anglin Office -Parking Lot
177,262.59
13010 • Melissa - Road
16,329.70
13100 • Office Construction at TOR yard
14,251.47
13200 • Land Improvements- TOR office
8,000.00
Total 13000 • Land & Leasehold Improvements 957,960.82
14000 • Vehicles
14004 Army Truck
5,500.00
14006 2006 Grapple Truck #6 SOLD
169,336.50
14007 2012 Peterbilt 386 #7
63,816.26
14010 #09 2017 Ford F450 Service/Cyan
92,501.02
14011 2018 Toyota Tacoma #10
25,629.65
14012 • 2019 Peterbilt 389 #3
152,811.56
14013 • 2019 Peterbilt 389 #4
152,811.56
14014 • Truck #11 ( 2018 Ram 2500)
38,892.82
14015 • 2019 Peterbilt 389 #12
152,679.89
14016 • 2019 Totota Tacoma Truck #13
26,160.70
14018 • 2019 Ford F250 #25 (Tims Truck)
62,029.98
14019 • 2019 Ford F-250 Truck #23
56,257.78
14019DO • 2019 Peterbilt 564 Truck #14
178,288.61
14020 • 2019 Ford F-250 Truck #24
56,257.78
14021 • 2019 Ford F-250 Truck #17
47,920.08
14023 • 2020 Ford F350 Truck #38
47,831.80
14024 • 2020 Chevrolet Silverado Trk#30
61,831.90
14025 • Chrysler Capital Ram 2500 #22
48,187.16
14026 • 2021 Peterbilt 389 Truck #21
180,809.36
14028 • 2X 2020 Peterbilt 389 #18 & 19
313,478.88
14029 • 2021 Peterbilt 389 #31
157,052.28
14031 • 2 X 2021 Peterbilt 389 #28 & 29
318,625.03
14032 • 2021 Peterbilt 389HH #36
185,353.48
14033 • 2020 Peterbilt 337 #35
170,201.42
14034 • 2020 Peterbilt 567 Truck #16
269,490.09
See Accountant's Compilation Report Page 1
Page 27 of 56
11:23AM TOR Texas L.L.C.
06/27/23 Statement of Assets, Liabilities & Equity -Tax Basis
Accrual Basis As of December 31, 2022
Dec 31, 22
14035 2020
Peterbilt 348 Truck #34
127,957.95
14037 2014
Ford F150 Truck #26
12,000.00
14038 2022
Peterbilt 389 Truck #32
157,648.99
14039 2020
Ford F250 #39
42,431.94
14041 • 2021
Ford F-150 #41
50,913.83
14042 • 2021
Ford F250 #42
51,713.83
14043 • 2021
Ford F-350 CC #45
65,664.98
14044 • 2022
Peterbilt 579 #43
139,861.62
14045 2022
Peterbilt 579 #44
139,585.23
14046 2- 2022 Peterbilt 389 #46,#47
319,259.21
14047 2022
Peterbilt 389 #48
161,380.12
14048 2021
Ford F250 CC Service #49
68,586.52
14049 2021
Ford F250 CC Service #50
58,907.55
14051 2021
Ford F-550 Truck #51
76,837.10
14052 • Ford
Motor Credit Truck #52
58,846.25
14053 • Toyota Financial Truck #27 New
52,587.06
14054 • 2022
Pet 389 HH Truck #53
189,508.32
14055 • 2022
Ford F550 Dump Truck #55
74,280.16
14056 • 2023
Peterbilt 389 #57
170,868.87
14057 • 2022
Ford F550 Crane Truck #61
147,496.57
14058 • 2022
Peterbilt 579 #62
195,432.52
14059 • 2023
Peterbilt 579 #63
195,459.78
14060 • 2022
Ford F250 Tims Truck #60
87,931.48
14061 • 2022
Peterbilt 567 #G54
275,101.87
14062 • 2022
Ford F150 #58
55,640.57
14063 • 2022
Ford F150 #64
58,572.46
14064 • 2022
Ford F150 #65
58,572.46
14065 • 2022
Ford F150 #66
58,572.46
14066 • 2022
Peterbilt 348 #15
133,387.75
14067 • 2022
Peterbilt 567 #G56
274,573.96
14068 • 2022
Ford F450 Flatbed #40
75,077.48
14069 • 2022
Ford Super Duty F350 #68
67,883.15
14070 • 2022
Ford Super Duty F350 #67
69,417.22
14073 • 2023
567 Grapple #G72
335,475.10
14074 • 2023
567 Grapple #G73
334,901.68
14075 • 2022
Ford Super Duty F350 #69
67,883.16
14076 • 2015
GMC 3500 Truck #5
11.303.53
Total 14000 • Vehicles 7,555,278.32
16000 • Machinery and Equipment
Randys old Kuboat Side by Side
5,500.00
14050 • 2021 Western Trailer #3
84,368.06
15350 • 2013 Brock Broom
15,350.00
16004 • Cat Fin 2012 Cat 320 Excavator
145,506.44
16007 • Origin Bank -Color Machine
25,000.00
16011 • 88 Great Dane Trailer 45" Blue
8,082.75
16014 • Holt Cat L45 Grappler
15,075.95
16015 • Trommel Engine Rebuild
8,502.98
16016 • Bucket for Cat Wheel Loader
5,686.06
16019 • Gravity Roller and Conv
10,144.40
16020 • Weldor
3,000.00
16024 • Gravel Bucket
9,482.75
16025 • Equipment and Tools
18,986.37
16026 • Fork Lift - Navigator RT-5500
48,968.69
16029 • Vermeer Trommell Engine Repair
3,052.74
16030 • Vermeer Trommell - 2 New Engine
5,000.00
16035 • Catepillar Finacial 2012 Cat
165,296.00
16036 • FCC EQUIPMENT FINANCE 2012 Cat
144,155.88
16037 • 2017 Terex Powerscreen 2100
265,000.00
16038 • 2017 Trinity Trailer #2
74,651.94
16039 • 2017 Vermeer TG 7000 #1
642,912.99
16040 • 2014 Edge Stacker
49,212.50
16043 • Red Trailer
4,500.00
16044 • 8 Yards Bucket for Cat 950
8,000.00
16055 • 2015 Cat 323 Excavator #2
154,302.40
16056 • 2018 Vermeer 6800 Grinder #1
859,727.00
See Accountant's Compilation Report Page 2
Page 28 of 56
11:23 AM
TOR Texas L.L.C.
06/27/23 Statement of Assets, Liabilities & Equity -Tax Basis
Accrual Basis As of December 31, 2022
Dec 31, 22
16059 Wells Fargo (2 Navigator Forkli
70,903.75
16060 2019 Perscreen 3300 Trommell
425,000.00
16061 2014 Cat 950 K (#3)
161,697.76
16062 • 2 Dorsey Flatbed Trailers
46,062.00
16063 • 2019 Trinity Trailer #5
91,406.65
16064 • 2019 Cat 323 Excavator
236,007.14
16065 • Hamer Bagging Machines
600,089.28
16066 • New Dumpster
21,238.45
16067 • 8' x 24" conveyer for baggers
4,928.00
16068 • Sealer for bags
7,685.75
16069 • 25ft Conveyers for bagging unit
7,508.53
16070 • Swamp Cooler
1,999.95
16074 • Bag Sealer
14,462.00
16075 • 80 gal 7.5hp Air Compressor
2,511.38
17029 • Vermeer CT718 Windrow Turner
529,635.00
17071 • Ocean Container
4,995.74
17072 • Color Machine-Macing Color Mulc
7,763.92
17073 • Miller Welder
5,329.69
17074 • Air Compressor
20,693.57
17075 • Air compressor for Vermeer 6800
2,662.91
17076 • Beard's trailer
6,582.33
17077 • CMC Trailer Distributors
14,493.75
17078 • Komatsu Forklift for Gilman
17,487.95
17079 • Cross belt magnet for grinder
3,348.00
17080 • Stretch wrapper invoice
21,771.52
17081 • Additional equipment
14,367.77
17082 • Holt Cat 8 yard bucket #2
12,232.25
17083 • Rake for D6 Dozer
5,604.38
17085 • Roll out bucket
22,968.00
17086 • Organix Comp Equipment
150,000.00
17088 • 2020 Edge Feeder Stacker
195,000.00
17089 • Cat Fin- 2014 950K #16
126,612.50
17091 • Cat Fin-2016 906m#13
71,737.50
17092 • 2017 Cat 966M#14
190,900.00
17093 • 2020 Cat 299D #3
83,700.25
17094 • Cat Fin 2014 950k #12
137,587.50
17095 • Cat Fin 2014 950K #11
149,660.00
17096 • Cat Fin 963 #2
214,412.50
17097 • Cat Fin 950M #15 & #17
351,600.00
17098 • Cat Fin 2020 323 Excavator #4
211,534.72
17099 • Cat Fin 2014 950K #7
141,156.48
17100 • Cat Fin 938K #9
116,955.78
17101 • Cat Fin 950K #4,5,6 &963 #1
550,247.50
17103 • JDF John Deere 250J Exc. #6
238,159.76
17104 • JDF John Deere Track Loader #3
252,456.59
17105 • 2 Western Trailers #11 & #12
165,000.00
17107 • Kuboat Skid Loader
76,341.80
17109 • 2019 Vermeer 6800 #2
898,390.00
17110 • 2019 8k lb Unicarrier Forklift
69,863.95
17111 • 2013 Edge 80 ft Stacker
50,000.00
17112 • 2 Western Trailers #13 & #16
183,315.25
17113 • 2 X 2020 Trinity Trailers #8,9
186,168.88
17114 • 2020 Volvo EC 220 Excavator #5
182,257.44
17116 • 2017 MGL Stacker
50,000.00
17117 • 2018 Vermeer TG 7000 #2
670,690.00
17119 • 2014 Neuenhauser Starscreen #1
275,000.00
17120 • Army Truck #2
12,500.00
17121 • Street Sweeper #1
13,206.50
17122 • Trailer #10 22 ft Trailer
6,850.00
17123 • 2018 UniCarier 50001b Forklift
18,511.73
17124 • 2019 Chevy 1500 #33
32,350.72
17125 • Dump Bed for Truck #34
23,845.00
17126 • Bailer in Hutchins
35,870.00
17127 • 6 Asset Loan
322,077.56
17128 • Powerscreen Warrior 1800 #1
258,500.00
17130 • Powerscreen 2100 #2
199,000.00
17131 • 2020 Clark S25L Forklift
29,567.36
See Accountant's Compilation Report Page 3
Page 29 of 56
11:23 AM TOR Texas L.L.C.
06/27/23 Statement of Assets, Liabilities & Equity -Tax Basis
Accrual Basis As of December 31, 2022
Dec 31, 22
17132 2021 Rotochopper B66L #1 SOLD
908,775.00
17133 2016 JCB Forklift
43,987.84
17134 Gilman Hitachi Printer
5,960.00
17135 • Navigator Forklift RT-5500
46,195.05
17136 • 500 Gallon Mobile Fuel Tank
2,595.27
17137 • 2019 Vermeer TG 7000 #3
741,125.00
17138 • 2019 Powerscreen 2100 #3
170,000.00
17139 • 2015 Cat 730 Rock Truck #1 SOLD
197,239.14
17140 • 2020 Cat 326 F #7
245,783.63
17141 • 2020 Cat 326 F #8
242,875.03
17142 • 2021 John Deere 755 #4
346,305.06
17143 • 2020 JD 250 Excavator #9
274,447.71
17146 • 2 x Takeuchi TL12 Fecon Mowers
210,703.48
17147 • 2021 JD 755 Track Loader #5
328,865.67
17148 • 2021 Trail King Lowboy #3
100,528.59
17149 • Wells Fargo (2021 Clark Diesel)
40,466.26
17150 • 2021 Vermeer 6800 #3
937,905.00
17150A • Veritex Bank 2022 Wester #1
87,060.00
17151 • Cat Fin-2020 Cat 320 Exca #10
192,462.50
17152 • Cat Fin-2021 Cat 950 #18419
600,387.98
17153 • Cat Fin-2021 Cat 950 #20421
554,615.55
17154 • Cat Fin-2020 Cat 299D #6
86,005.00
17155 • John Deere 755K Track Loader #6
334,822.58
17159 • John Deere Water Truck #1
266,527.43
17160 • 2021 (hamer bagger #2A)
386,288.00
17161 • 2021( hamer bagger #2B)
354,496.50
17162 • Hitachi Printer for Gilman
11,072.83
17163 • 2 x 40' containers (Giman)
7,999.50
17164 • 1 x 40' containers (Hutchins)
3,999.75
17167 • Military Truck #3
12,000.00
17168 • Military Truck #4
12,500.00
17169 • Portable sretch wrapper(Gilman)
11,151.51
17170 • Loan Scan #1 (Forest Hill)
75,000.00
17171 • NYE Wood Sheer (Rustin)
6,000.00
17172 • Frac Tank (Melissa)
7,144.50
17173 • Electric Forklift (Hutchins)
5,418.38
17174 • 21 x 40' containers (Hutchins)
14,039.50
17175 • 6" Diesel Water pump(Hutchins)
14,268.12
17176 • 2022 Case 938 Forklift
89,547.35
17177 • 2022 Vermeer 6800 #4
1,029,351.40
17178 • 2022 Komptec Starscreen
993,350.00
17179 • 110 (Loader #27)
318,531.08
17180 • 2022 Cat 950 #22,23,24
932,361.85
17181 • 2023 Western Trailer #22
91,416.00
17182 • Trinity Trailer #23, #24
224,770.85
17183 • 2017 Dura Haul #17
63,000.00
17184 • Excavator #11
233,131.39
17185 • John Deere 755K Track Loader #7
332,450.67
17186 • 2022 Volvo 110 Loader #25
318,531.08
17187 • 2x 2022 Hangcha 6K Forklifts
70,860.72
17188 • 2022 Volvo 120 Loader #28
390,619.77
17189 • 2022 Feed Stacker #2
250,500.00
17190 • 3 2022 Flatbed Trailers
135,296.70
17191 • Vector Color Machine
300,550.00
17192 • John Deere 755K Track Loader #8
343,147.98
17193 • 2020 WA 270 Loader #26
127,221.26
17194 • 2021 PC210LC Excavator #12
113,664.17
17195 • 2022 Clark Diesel 5K Forklift
41,528.71
17196 • 2021 Powerscreen #4
265,550.00
17197 • 2022 Vermeer 6800 #5
1,132,785.28
17198 • Blower Trailer #1
550,000.00
17201 • 4" Water Pump - Melissa Yard
16,766.51
17202 • Load Scan for Melissa
75,000.00
17203 • Dump Bed for Truck #55
12,850.00
17204 • Bobcat UTV Serial #B53622711
15,873.70
17205 • 2022 Kubota RTV-XG850
16,930.30
17206 • 2019 Dura Haul Belt Trailer #18
81,502.88
See Accountant's Compilation Report Page 4
Page 30 of 56
11:23 AM TOR Texas L.L.C.
06/27/23 Statement of Assets, Liabilities & Equity -Tax Basis
Accrual Basis As of December 31, 2022
Dec 31, 22
17207 • Stick for Cat 323 F #2
5,871.25
17208 • Hutchinson Loading Ramp
6,000.00
17209 • Office Trailer for Forney
16,750.00
17211 • 3 Conveyors -Liquid Dest Testing
18,539.98
17212 • 2007 International
7,500.00
17213 • 2014 Aultimate Trailer
18,000.00
17214 • 2017 Auluminator
45,000.00
17215 • 2021 Clement Dump Trailer
35,000.00
17216 • 2014 International Workstar
33,750.00
17217 • 2006 Case 58G Forklift
10,000.00
17218 • Orig Smart Bandsaw #IL0212661
5,000.00
17219 • New Bandsaw #1208AU233261
9,000.00
17220 • 40 Ft Ocean Container/Office
2,500.00
17221 • ASCO Equipment Double Forks
17,320.00
17222 • Used American Baler
34,805.08
17223 • Bobcat UTV EIN#1290970
18,541.05
17224 • Bobcat UTV Serial #1353623688
18,748.46
17225 • Fairbanks Scale - Forest Hill
31,637.15
17226 • 2015 M6 Roll -off Trailer
28,487.53
17227 • Solsbee EC220 Grapple 54"
20,004.36
17232 • Cat Small Loader Buckets (5)
49,452.93
Total 16000 • Machinery and Equipment
28,987,945.39
17000 • Accumulated Depreciation
-8,914,233.34
17001 • Accumulated Amortization
-87,285.01
18000 • Buildings
35,000.00
18500 • Goodwill
564,500.00
Total Fixed Assets
29,099,166.18
Other Assets
19000 • Deposits
304,772.64
Total Other Assets
304,772.64
TOTAL ASSETS
37,596,540.05
LIABILITIES & EQUITY
Liabilities
Current Liabilities
Accounts Payable
20000 • Accounts Payable
Arbor Rock
11,309.73
Arcosa Crushed Concrete
9,423.55
Arcosa Lightweight
18,317.35
Crushing Tigers
1,869.12
CST Logistics
7,645.95
David Niell
14,332.85
Equipment Depot Texas Inc.
496.87
Hamer Fischbein
6,036.37
La Tour Tree Service
34,000.00
McCraw Materials
11,332.20
P & K Stone LLC
3,425.20
Paul Miller Trucking
500.00
Penske
4,134.27
Q. Roberts Trucking
615.07
RDO Equipment Co.
14,572.90
Red River Sand, LLC
595.00
Reeder Distributor
197,565.20
ROMCO Equipment Company LLC
20,714.13
ROTOCHOPPER
5,959.84
Rusco Packaging
5,955.54
Simplot Turf & Horticulture
861.67
Smallwood and Associates
625.00
Smith Lawn & Tree
189,842.23
Smith LAwn and Tree Gilman
1,677.91
Sunbelt Material Handling
4,252.02
TUV SUD America Inc.
5,540.23
See Accountant's Compilation Report Page 5
Page 31 of 56
11:23 AM TOR Texas L.L.C.
06/27/23 Statement of Assets, Liabilities & Equity -Tax Basis
Accrual Basis As of December 31, 2022
Dec 31, 22
United Rentals
1,229.66
VERMEER
10,199.25
Total 20000 • Accounts Payable
583,029.11
Total Accounts Payable
583,029.11
Credit Cards
26020 • Capital One Spark # 7862
188,789.84
Total Credit Cards
188,789.84
Other Current Liabilities
21010 • Payroll Clearing Account
384.18
25500 • Sales Tax Payable
64,145.97
26017 • Equipment Liabilities - Current
5,848,967.73
26018 • Vehicle Liabilities - Current
1,598,777.80
Total Other Current Liabilities
7,512,275.68
Total Current Liabilities
8,284,094.63
Long Term Liabilities
26001 • Paysage Cash Loan
25,000.00
26002 • Paysage Construction Loan
30,000.00
26003 • Tim Sansone ConstructionLoan
20,000.00
26004 • Paysage Cash Loan for Expenses
166,183.33
26005 • Tim Sansone Cash Loan for Expen
109,283.33
26012 • Liberty Credit Line
442,500.00
27000 • Equipment Liabilities
27019 • 2018 Cat 906 M Wheel Loader
2,809.97
27023 • 2018 Vermeer 6800 Grinder #1
176,445.32
27026 • 2019 Perscreen 3300 Trommell
146,706.13
27027 • 2014 Cat 950 K (#3)
11,451.44
27030 • 2019 Cat 323 Excavator#3
41,317.43
27031 • Hamer Bagging Machines
291,608.37
27036 • 2020 Edge Feeder Stacker
92,726.26
27037 Cat Fin- 2014 950K #16
44,113.32
27040 Cat Fin-2016 906m#13
24,994.24
27041 Cat Fin 2017 Cat 966M#14
66,511.93
27042 • Cat Fin 2020 Cat 299D #3
41,857.72
27043 • Cat Fin 2014 950k #12
32,324.23
27044 • Cat Fin 2014 950K #11
62,653.71
27045 • Cat Fin 963 #2
89,761.76
27046 • Cat Fin 950M #15 & #17
183,690.97
27047 • Cat Fin 2020 323 Excavator #4
81,303.41
27048 • Cat Fin 2014 950K #7
53,080.23
27049 • Cat Fin 938K #9
2,437.46
27050 • Cat Fin 950K #4,5,6 &963 #1
147,492.75
28024 • JDF John Deere 250J Exc. #6
121,578.95
28025 • JDF John Deere Track Loader #3
128,877.24
28027 • 2 Western Trailers #11 & #12
86,270.63
28029 • Kuboat Skid Loader
30,536.84
28038 • 2019 Vermeer 6800 #2
536,364.62
28039 • 2019 8k lb Unicarrier Forklift
23,920.41
28041 • 2013 Edge 80 ft Stacker
11,113.38
28042 • 2 Western Trailers #13 & #16
87,830.67
28043 • 2 X 2020 Trinity Trailers #8,9
58,250.53
28044 • 2020 Volvo EC 220 Excavator #5
79,737.63
28048 • 2017 MGL Stacker
3,059.38
28049 • 2018 Vermeer TG 7000 #2
345,102.65
28051 • 2014 Neuenhauser Starscreen #1
93,356.15
28053 • 6 Asset Loan
152,694.24
28059 • Powerscreen Warrior 1800 #1
157,742.27
28060 • Vermeer CT718 Windrow Turner
342,238.05
28061 • Powerscreen 2100 #2
104,611.25
28063 • 2021 Rotochopper B66L #1 SOLD
579,053.92
28064 • 2016 JCB Forklift
17,082.70
28067 • Navigator Forklift RT-5500
11,275.36
See Accountant's Compilation Report Page 6
Page 32 of 56
11:23AM TOR Texas L.L.C.
06/27/23 Statement of Assets, Liabilities & Equity -Tax Basis
Accrual Basis As of December 31, 2022
Dec 31, 22
28068
2019 Vermeer TG 7000 #3
510,685.06
28069
2019 Powerscreen 2100 #3
92,249.01
28070
2015 Cat 730 Rock Truck #1 SOLD
119,338.41
28071
2020Cat 326 F #7
168,876.96
28072
2020 Cat 326 F #8
169,480.63
28077
2021 John Deere 755 #4
231,971.99
28078
2021 Western Trailer #3
37,010.62
28079
2020 JD 250 Excavator #9
173,135.07
28081
2 x Takeuchi TL12 Fecon Mowers
151,837.42
28082
2021 JD 755 Track Loader #5
213,775.86
28083
2021 Trail King Lowboy#3
81,658.34
28085
Wells Fargo (2021 Clark Diesel)
17,155.13
28087
Veritex Bank 2022 Wester #1
63,107.68
28088
2021 Vermeer 6800 #3
721,738.20
28089
• Cat Fin-2020 Cat 320 Exca #10
146,454.10
28090
• Cat Fin-2021 Cat 950 #18419
473,115.17
28091
• Cat Fin-2021 Cat 950 #20421
422,068.74
28092
• Cat Fin-2020 Cat 299D #6
66,054.25
28093
• John Deere 755K Track Loader #6
245,852.19
28094
John Deere Water Truck #1
217,383.52
28097
2021 (hamer bag2A)
282,793.97
28098
2021( hamer bag2B)
266,514.07
28099
2022 Case 938 Forklift
72,333.26
28100
2022 Vermeer 6800 #4
904,388.20
28101
2022 Komptec Starscreen
858,287.81
28102
• 110 (Loader #27)
282,096.88
28103
• 2022 Cat 950 #22,23,24
803,221.59
28110
• 2023 Western Trailer#22
69,134.02
28113
• Trinity Trailer #23, #24
187,257.18
28114
• 2017 Dura Haul #17
33,626.68
28115
• Excavator #11
191,513.71
28120
• John Deere 755K Track Loader #7
291,805.94
28121
• 2022 Volvo 110 Loader #25
275,935.83
28122
• 2x 2022 Hangcha 6K Forklifts
61,456.37
28123
• 2022 Volvo 120 Loader #28
345,939.92
28124
• 2022 Feed Stacker #2
211,977.89
28126
• 3 2022 Flatbed Trailers
97,984.08
28128
• Vector Color Machine
250,298.92
28129
• John Deere 755K Track Loader #8
306,348.57
28130
• 2020 WA 270 Loader #26
99,391.64
28131
• 2021 PC210LC Excavator #12
88,800.10
28132
• 2022 Clark Diesel 5K Forklift
26,443.78
28134
• 2021 Powerscreen #4
253,473.43
28137
• 2022 Vermeer 6800 #5
1,115,507.81
28138
• Blower Trailer #1
488,063.01
27000
• Equipment Liabilities - Other
-5,848,967.73
Total 27000 • Equipment Liabilities 10,902,558.80
28000 • Vehicle Liabilities
208027 • 2021 Peterbilt 389 Truck #21
92,062.17
28009 • #09 2017 Ford F450 Service/Cran
13,408.15
28011 2019 Peterbilt 389 #4
32,300.27
28012 2019 Peterbilt 389 #3
20,761.54
28014 2019 Peterbilt 389 #12
43,902.14
28017 2019 Ford F250 #25 (Tims Truck)
33,534.55
28018 2019 Ford F-250 Truck #23
29,539.71
28018DO • Sumitomo- Peterbilt 567 #14
58,093.20
28019 2019 Ford F-250 Truck #24
29,539.71
28020 2019 Ford F-250 Truck #17
12,946.38
28022 2020 Ford F350 Truck #38
19,653.03
28023 2020 Chevrolet Silverado Trk#30
29,558.98
28026 • Chrysler Capital Ram 2500 #22
6,717.92
28032 • 2X 2020 Peterbilt 389 #18 & 19
143,953.18
28033 • 2021 Peterbilt 389 #31
97,893.39
28035 • 2 X 2021 Peterbilt 389 #28 & 29
193,950.23
28036 • 2021 Peterbilt 389HH #36
117,112.64
See Accountant's Compilation Report Page 7
Page 33 of 56
11:23AM TOR Texas L.L.C.
06/27/23 Statement of Assets, Liabilities & Equity -Tax Basis
Accrual Basis As of December 31, 2022
Dec 31, 22
28037
2020
Peterbilt 337 #35
107,356.78
28040
2020
Peterbilt 567 Truck #16
116,865.82
28045
2020
Peterbilt 348 Truck #34
64,597.05
28052
2022
Peterbilt 389 Truck #32
95,588.73
28054
2020
Ford F250 #39
18,560.17
28056
• 2021
Ford F-150 #41
22,551.07
28057
• 2021
Ford F250 #42
23,682.98
28058
• 2021
Ford F-350 CC #45
34,188.38
28065
• 2022
Peterbilt 579 #43
85,090.34
28066
2022
Peterbilt 579 #44
84,922.18
28073
2- 2022
Peterbilt 389 #46,#47
231,400.00
28074
• 2022
Peterbilt 389 #48
117,654.76
28075
• 2021
Ford F250 CC Service #49
33,235.92
28076
• 2021
Ford F250 CC Service #50
28,200.56
28084
• 2021
Ford F-550 Truck #51
48,919.89
28095
• Ford
Motor Credit Truck #52
37,596.22
28096
• Toyota Financial Truck #27 New
39,342.82
28104
• 2022
Pet 389 HH Truck #53
108,925.87
28105
• 2022
Ford F550 Dump Truck #55
61,462.43
28106
• 2023
Peterbilt 389 #57
144,700.85
28107
• 2022
Ford F550 Crane Truck #61
130,674.40
28108
• 2022
Peterbilt 579 #62
176,105.12
28109
• 2023
Peterbilt 579 #63
176,130.31
28111
• 2022
Ford F250 Tims Truck #60
79,687.08
28112
• 2022
Peterbilt 567 #G54
222,615.98
28116
• 2022
Ford F150 #58
46,811.52
28117
• 2022
Ford F150 #64
53,691.42
28118
• 2022
Ford F150 #65
53,691.42
28119
• 2022
Ford F150 #66
53,691.42
28125
• 2022
Peterbilt 348 #15
94,475.41
28127
• 2022
Peterbilt 567 #G56
222,050.81
28133
• 2022
Ford F450 Flatbed #40
65,139.50
28135
• 2022
Ford Super Duty F350 #68
65,360.87
28136
• 2022
Ford Super Duty F350 #67
65,537.97
28141
• 2023
567 Grapple #G72
325,475.10
28142
• 2023
567 Grapple #G73
324,901.68
28144
• 2022
Ford Super Duty F350 #69
67,883.15
28000
• Vehicle Liabilities - Other
-1,598.777.80
Total 28000 • Vehicle Liabilities
Total Long Term Liabilities
Total Liabilities
Equity
30300 Partner Capital - Paysage Group
30400 Partner Capital - The Organic R
Net Income
Total Equity
TOTAL LIABILITIES & EQUITY
3,104, 915.37
14,800,440.83
23,084,535.46
5,885,538.68
3,861,449.32
4,765,016.57
14,512,004.57
37,596,540.03
See Accountant's Compilation Report Page 8
Page 34 of 56
12:59 PM TOR Texas L.L.C.
06/27/23 Statement of Revenue, Expenses & Retained Earnings -Tax Basis
Accrual Basis January through December 2022
Ordinary Income/Expense
Income
40000 • Tipping Forest Hill
40007 • Forest Hill Bulk Material
41000 • Forest Hill Pallet Sales
40000 • Tipping Forest Hill - Other
Total 40000 • Tipping Forest Hill
40001 • Tipping Hutchins
40002 • Hutchins Food Waste
40004 • Hutchins Liquids Waste
40005 • Hutchins Recycling
41001 Hutchins Bulk Sales
40001 Tipping Hutchins - Other
Total 40001 • Tipping Hutchins
40003 • Tipping Melissa
41002 • Melissa Bulk Sales
40003 • Tipping Melissa - Other
Total 40003 • Tipping Melissa
40006 • Forney Tipping Sales
40008 • Dallas Tipping Sales
40010 • Forney Material Sales
42000 • Contract Grinding Sales
42001 Grapple truck Sales
45001 Tipping
45002 • Material Sales
45002.1 Yard Material Sales
45002.2 Delivered Material Sales
45002.3 • Delivery Fees
45002 • Material Sales - Other
Total 45002 • Material Sales
45004 • Pallet Sales
45004.1 Yard Pallet Sales
45004.2 Delivered Pallet Sales
45004.3 Delivery Fees
Total 45004 • Pallet Sales
45006 • Liquid Sales
45006.1 • Food Waste Sales
45007 • Recycling
45007.1 • Cardboard
45007.2 • Aluminum
45007 • Recycling - Other
Total 45007 • Recycling
45009 • Grapple Truck
45010 • Grinding Sales
45011 • Contract Tree Service
45012 • Blower Truck Sales
POS_1 • Service Fees Income
Total Income
Jan - Dec 22
9,544.00
5,438,848.11
740,057.09
6,188,449.20
199,622.70
1,590,468.98
1,779,171.13
103,701.00
82,697.97
3,755,661.78
887,150.38
365,901.28
1,253, 051.66
40,452.38
9,719.77
17, 250.00
5,682,508.31
710, 994.80
1,101,371.67
337,732.95
2,071,562.36
311,046.99
370.65
2,720,712.95
126,124.62
1,548,172.56
197,575.00
1,871, 872.18
1,499, 660.50
278, 332.18
51,005.10
585,716.97
7,099.44
643, 821.51
698, 585.26
6,132,102.50
270, 327.97
325,271.05
2,244.79
33,202,390.46
See Accountant's Compilation Report Page 9
Page 35 of 56
12:59 PM
TOR Texas L.L.C.
06/27/23 Statement of Revenue, Expenses & Retained Earnings -Tax Basis
Accrual Basis January through December 2022
Cost of Goods Sold
50000 • Cost of Goods
50001 Materials
50002 Mulch Bags & Stretch Wrap
50003 Pallets
50008 Equipment Repairs
50009 • Vehicle Repairs
50010 • Fuel Expense
50020 New Equipment Purchase
50021 Rental Expense
50022 • Equipment Parts
50023 Vehicle Parts
50060 Contract Labor
50000 Cost of Goods - Other
Total 50000 • Cost of Goods
50065 • Depreciation - COGS
50070 • Hourly - Wages (COGS)
50071 • Hourly - Overtime Pay (COGS)
50075 • Shop - Salaries & Wages (COGS)
50076 • Shop - Overtime Pay (COGS)
50077 • Production - Wages (COGS)
50082 • Payroll Tax (COGS)
51100 • Freight and Shipping Costs
52300 • Product Samples Expense
Total COGS
Gross Profit
Expense
50072 • Office - Salaries & Wages
50073 • Office - Overtime Pay
50074 • Sales - Salaries & Wages
50079 • Bonus
50080 • Payroll Tax
60000 • Advertising and Promotion
60200 • Automobile Expense
60201 Vehicle Registration
60200 Automobile Expense - Other
Total 60200 • Automobile Expense
60300
60400
60500
61700
62400
62450
62500
62600
63400
64300
64400
64900
65500
66500
66700
67100
67200
68001
68100
68200
68400
68500
68600
Tolls
Bank Service Charges
Credit Card Payment Fees
Computer and Internet Expenses
Depreciation Expense
Amortization Expense
Dues and Subscriptions
Dumpster disposal
Interest Expense
Meals
Entertainment
Office Supplies
License and Permits
Postage and Delivery
Professional Fees
Rent Expense
Repairs and Maintenance
Bad Debt - Non payment
Telephone Expense
Cell Phone Expense
Travel Expense
Uniform Expense
Utilities
Jan - Dec 22
1,169,914.79
701,531.23
164,493.00
21,366.56
27,273.27
4,540,301.51
3,940.29
314,426.27
1,202,377.02
26,663.49
12,800.00
620,634.78
8,805,722.21
4,059,877.18
3,892,951.69
2,537,575.57
219,753.14
18,255.58
557, 028.42
554, 840.31
552,824.08
5,104.20
21,203,932.38
11,998,458.08
661,944.01
81, 025.41
461,577.27
228, 536.85
91,001.97
80, 617.43
39,812.30
8,314.36
48,126.66
283, 864.34
2,322.36
65,448.13
4,804.85
10, 973.61
87, 285.01
16, 719.85
100,145.70
950, 045.67
126, 274.01
35, 810.65
126, 719.24
41,105.65
1,031.88
354, 317.29
777,416.55
871,501.90
184, 581.30
36, 016.60
4,701.53
31, 516.23
27, 809.94
160, 383.85
See Accountant's Compilation Report Page 10
Page 36 of 56
12:59 PM TOR Texas L.L.C.
06/27/23 Statement of Revenue, Expenses & Retained Earnings -Tax Basis
Accrual Basis January through December 2022
69000•Insurance
69001 Workers Comp Insurance
69004 Health Emp Contribution
69007 Umbrella
69008 • Health Insurance
Total 69007 • Umbrella
69010 • Vision Emp Contribution
69011 • Dental Emp Contribution
69000 • Insurance - Other
Total 69000 • Insurance
69101 • Employee Truck Perdium
69700 • Owner Draws
69701 Paysage Draw
69703 Tim Sansone Draw
Total 69700 • Owner Draws
Total Expense
Net Ordinary Income
Other Income/Expense
Other Income
43000 Finance Charge
68900 Gain/Loss on Sale of Assets
68910 Other Income
Total Other Income
Other Expense
28802 Property Taxes
68920 Other Expense
68930 Franchise Tax
69100 Fines and Penalties
Total Other Expense
Net Other Income
Net Income
Jan - Dec 22
121,948.53
-137,255.37
277, 099.24
277,099.24
-3,905.89
-19,390.95
646,559.57
885, 055.13
90, 855.30
300,000.00
300,000.00
600, 000.00
7,529,536.17
4,468,921.91
19,110.55
312, 778.92
122,386.22
454,275.69
71, 357.44
15, 687.12
64,415.05
6,721.42
158,181.03
296, 094.66
4,765,016.57
See Accountant's Compilation Report Page 11
Page 37 of 56
Section 9: Financial Capacity
The existing site meets the needs of Fort Worth without additional improvements. TOR does not need
additional capital or funding to continue to operate. The equipment onsite is sufficient. TOR does have a
substantial line of credit that it can pull funding from for emergency situations. No additional financial
capacity is needed.
Section 10: Litigation and Payment of Liquidated Damages History
TOR has never had to pay liquidated damages or been in lawsuits concerning failure to complete
projects or poor performance.
Section 11: Compliance Records
TOR is not aware of any compliance issues or violations regarding the permitted facility planned for use
with this contract. TOR has not ended/canceled any agreement with municipality regarding similar
services. Many if not all contracts regarding similar services have been extended to the maximum years
allowed. TOR will provide additional records upon request to support Fort Worth in their
review/selection process. All permits regarding the site are available online at Texas Commission on
Environmental Quality's website. The central registry will detail the air quality, municipal solid waste
processing, and stormwater permits for the site located at 5100 Forest Hill Circle, Forest Hill, Texas
76140. TOR will gladly provide any additional details requested regarding permitting and compliance.
RFP NO. 24-0133 - ORGANIC WASTE PROCESSING SERVICES
Page 38 of 58
Section 12: Release and Indemnification
See Form 3
RFP NO. 24-0133 — ORGANIC WASTE PROCESSING SERVICES
Page 39 of 56
FORM 3: RELEASE AND INDEMNIFICATION
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROPOSER HEREBY AGREES AND
CONSENTS FOR ITSELF, INDIVIDUALLY, AND ON BEHALF OF THE BUSINESS ENTITY, TO
FULLY AND UNCONDITIONALLY RELEASE, INDEMNIFY, DEFEND, AND HOLD HARMLESS THE
CITY, INCLUDING ITS OFFICERS, AGENTS AND EMPLOYEES, AND TO DEFEND AND HOLD IT
HARMLESS FROM AND AGAINST ANY AND ALL COSTS, EXPENSES, ATTORNEYS' FEES,
CLAIMS, SUITS, DEMANDS, LOSSES, OR LIABILITY FOR INJURIES TO REAL OR PERSONAL
PROPERTY AND INJURIES TO PERSONS INCLUDING DEATH, INCLUDING PROPOSER'S
EMPLOYEES, AFFILIATES, REPRESENTATIVES, PARTNERS, AGENTS, OR THOSE WORKING
ON PROPOSER'S BEHALF, FROM ANY AND ALL OTHER COSTS, EXPENSES, ATTORNEYS'
FEES, CLAIMS, SUITS, DEMANDS, LOSSES OR LIABILITIES OF ANY AND EVERY NATURE
WHATSOEVER ARISING IN ANY MANNER, DIRECTLY OR INDIRECTLY, OUT OF OR IN
CONNECTION WITH ANY CONTRACT AWARDED PURSUANT TO THIS RFP AND IN THE
PERFORMANCE THEREOF, REGARDLESS OF CAUSE OR OF THE SOLE, JOINT,
COMPARATIVE OR CONCURRENT NEGLIGENCE OR GROSS NEGLIGENCE, SAVE AND
EXCEPT THE SOLE AND EXCLUSIVE NEGLIGENCE OF THE CITY. THIS PROVISION SHALL
APPLY TO ALL IMPUTED OR ACTUAL JOINT ENTERPRISE AND JOINT VENTURE LIABILITY, IF
ANY.
Signature:
Printed Name: Tim Sansone
Title: The Organic Recycler
Date: 3-11-23
Page 40 of 56
Section 13: Acknowledgement of Addenda
See Form 4
See Addendum 1 signed.
RFP NO. 24-0133 — ORGANIC WASTE PROCESSING SERVICES
Page 41 of 56
FORM 4: ACKNOWLEDGEMENT OF ADDENDA
Proposers shall acknowledge each addendum included in this RFP by filling in the addendum number
and checking the box to indicate receipt of each addendum. Attach additional copies of this form if
required.
Addendum Acknowledgement of Receipt of
Number Addenda
Page 42 of 56
FORT WORTH.
ADDENDUM TO REQUEST FOR PROPOSAL NO.24-0133
ORGANICS WASTE PROCESSING SERVICES
ENVIRONMENTAL SERVICES DEPARTMENT
ADDENDUM NO. 1
DATE ISSUED: FEB 29, 2024
REQUEST FOR PROPOSAL (RFP): 24-0133
BID OPENING DATE: March 14, 2024 (UNCHANGED)
RFP No. 24-0133 issued February 14, 2024, is hereby amended as follows:
1. Questions and Answers received at the pre -qualification conference and the procurement
portal are hereby incorporated, in full text on page 2 of this addendum.
2. The Tentative Schedule of Events, Table 4 of RFP-01 Organics Processing Complete RFP
24-0133, has been revised to match the procurement portal and is incorporated as Exhibit B
of this addendum.
3. The PowerPoint from the pre -proposal conference is attached Exhibit C of this addendum.
All other terms and conditions remain unchanged.
Sarah Czechowicz
Purchasing Manager
....e si..................................................
By le affixed below, Addendum No. 1 is hereby incorporated into and made part of the
above referenced Request for Proposal.
COMPANY NAME: The Organic Recycler
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.
Page 43 of 56
QUESTION AND ANSWERS
1. Is the City averaging 50,000 tons per year over 5 years?
Answer: The City is averaging 25,000 tons of organic waste per year. The 50,000 tons
processed over the past 5 years is a minimum requirement to be considered a responsive
bidder. See Section 10.4 (2) References in RFP-01 Organics Processing Complete RFP 24-
0133.
2. In the required documents, a submission is required for Signed Addendum(s)
acknowledgment but the proposal documents include a page to checkmark for
addendums. Are both of these submissions required?
Answer: Yes, the submittal is required in both places.
Page 44 of 56
EXHIBIT A:
I FP-01 Organics Processing Complete RFP 24-0133
Table 4: Tentative Schedule of Events
Event Date or Deadline
RFP Release Date
Pre -proposal Conference
Proposer Question Submission Deadline
Final Date for Issuing Addenda pertaining to Scope
of Services
Proposal Submission Deadline
Proposal Opening Date
Proposal Evaluation, Inteivie s, Contract
Negotiations, and Recommendation of Award to
City Council
Recommendation of Award Made to City Council
Commencement date
February 14, 2024
February 22, 2024, 11:OOAM —
1ZOOPM (See Section 4_5)
February 26, 2024
February 29, 2024
March 14, 2024, 1-30 prn
March 14, 2024
(after proposal opening)
March 2024
March 2024
To be determined
(April 1, 2024 — End of Proposal
acceptance period_ See Section
1.2)
Page 45 of 56
Section 14: Non -Collusion Agreement
See Form 5
RFP NO. 24-0133 — ORGANIC WASTE PROCESSING SERVICES
Page 46 of 56
FORM 5: NON -COLLUSION ACKNOWLEDGEMENT
The undersigned Proposer affirms that they are duly authorized to submit 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 the 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 Proposal, and that neither the Proposer nor their
employees nor agents have been for the past six (6) months directly or indirectly concerned in any
pool or agreement or combination to control the price of goods or services or to influence any person
to propose or not to propose thereon..
Company Name: The Organic Recycler
Ta ..�
Signature of Company Officer: �-
Company Officer Printed Name: Tim Sansone
Title Managing Partner
Page 47 of 56
Section 15: Suspension or Debarment
See Form 6
RFP NO. 24-0133 — ORGANIC WASTE PROCESSING SERVICES
Page 48 of 56
FORM 6: 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, the 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.
The Organic Recycler
Company Name:
Signature of Company Officer:
Company Officer Printed Name: Tim Sansone
Managing Partner
Title
Page 49 of 56
FORM 5: NON -COLLUSION ACKNOWLEDGEMENT
The undersigned Proposer affirms that they are duly authorized to submit 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 the 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 Proposal, and that neither the Proposer nor their
employees nor agents have been for the past six (6) months directly or indirectly concerned in any
pool or agreement or combination to control the price of goods or services or to influence any person
to propose or not to propose thereon..
Company Name: The Organic Recycler
Ta ..�
Signature of Company Officer: �-
Company Officer Printed Name: Tim Sansone
Title Managing Partner
Page 50 of 56
Section 16: Exceptions
See Form 7
RFP NO. 24-0133 — ORGANIC WASTE PROCESSING SERVICES
Page 50 of 56
FORM 7: EXCEPTIONS FORM
Proposer Name: The Organic Recycler
List any exceptions to the RFP scope, schedule, terms or conditions in the space provided. Proposers
shall list exceptions for each Service on an individual page, clearly identifying at the top to which
Service the list of exceptions pertains. Proposers shall include the exception, a summary discussion
of reasons for the exception, any proposed alternative language, the section reference in the RFP
where they are proposing the exception.
Exceptions
If additional space is needed, include additional copies of this page.
All Proposers MUST COMPLETE this page.
RETURN with Proposal or Proposal may be considered NON -RESPONSIVE.
Our proposal is submitted according to:
Proposed exceptions listed above
OR X No exceptions
Page 52 of 56
Section 17: Proposal Response Form
See Form 8
RFP NO. 24-0133 — ORGANIC WASTE PROCESSING SERVICES
Page 52 of 56
FORM 8: PROPOSAL REPONSE FORM
TOR Texas, LLC
Legal Name of Firm:
The Organic Recycler
D/B/A Name of Firm:
City of Fort Worth Bidder/Supplier ID or Federal ID Number (TIN):
Address: 4825 Forest Hill Circle, Forest Hill, Texas 76140
Tim Sansone
Name of the Authorized Representative:
Title: Managing Partner
The undersigned, by his/her signature, represents that he/she is submitting a binding Proposal
and is authorized to bind the Proposer to fully comply with the solicitation document contained
herein. The Proposer, by submitting and signing below, acknowledges that he/she has received
and read the entire document packet for this RFP and agrees to be bound by the terms therein.
The undersigned agrees if the Proposal is accepted, to furnish any and all items and/or services
upon which prices are offered, at the price(s) and upon the terms, conditions, and
scope/specifications contained in this RFP.
Signature of the Authorized Representative:
tim@TheOrganic
Date: 3-11-23 Email: Recycler.com Phone: 817-437-2277
Contact Information
Name of Contact Person 1: Tim Sansone
Title of Contact Person 1: Managing Partner
Email: tim@TheOrganicRecycler.com Phone: 817-437-2277
Name of Contact Person 2: Mackenzie Arnold
Title of Contact Person 2: Assistant Sales Manager
Email: Mackenzie@TheOrganicRecycler.com Phone: 817-437-2277
Page 54 of 56
Name of Contact Person 3: Randy Geeslin
Title of Contact Person 3: Director of Operations
Email: Randy@TheOrganicRecycler.com Phone: 817-437-2277
Please answer each question below:
Will the agreement be available for Cooperative Agreement use? (See Section 7.3)
Yes X No
Prompt Payment Discount Terms
Percent 10 Days (i.e. 3% Net 15, etc.)
Page 55 of 56
Section 18: Price Proposal
See Form 9
Pricing was removed from this pdf as instructed on the Bonfire submission procession.
Pricing Form 9 was submitted on Bonfire separately.
RFP NO. 24-0133 — ORGANIC WASTE PROCESSING SERVICES
Page 56 of 56
EXHIBIT E
VERIFICATION OF SIGNATURE AUTHORITY
TOR TEXAS, LLC; DBA THE ORGANIC RECYCLER
4825 FOREST HILL CIRCLE
FOREST HILL, TEXAS 76140
Contractor hereby agrees to provide City with independent audit basic financial statements, but also the
fair presentation of the financial statements of individual funds.
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: Tim Sansone
Position: Managing Partner
TimSann one (Jul 15, 202422:33 EDT)
Signature
Name: Jud Smith
Position: Managing Partner
Signature
Name:
Position:
Signature
Name:
Tim S—.-C uI 15 20242233 EDT)
Signature of President / CEO
Other Title: Manaaina Partner
Date: 7-14-24
ACITY COUNCIL AGEND
Create New From This M&C
DATE: 6/25/2024 REFERENCE **M&C 24-
NO.: 0587
LOG NAME:
CODE: C TYPE: CONSENT PUBLIC
HEARING:
Official site of the City of Fort Worth, Texas
FORTF�'�ORTH
220RGANIC WASTE
PROCESSING SERVICES
RFP 24-0133
NO
SUBJECT: (ALL) Authorize Execution of a Five -Year Non -Exclusive Vendor Service Agreement with
TOR Texas, LLC d/b/a The Organic Recycler of Texas for Organic Waste Processing
Services in an Estimated Amount Up to $825,000.00 for the First Year with Two
Additional Five -Year Renewal Options
RECOMMENDATION:
It is recommended that the City Council authorize execution of a five-year non-exclusive vendor service agreement with
TOR Texas, LLC d/b/a The Organic Recycler of Texas for organic waste processing services in an amount up
to $825,000.00 for the first year with two, five-year renewal options.
DISCUSSION:
The Environmental Services Department issued a Request for Proposals (RFP) to procure vendor services for organic
waste processing services. The City of Fort Worth (City) will utilize this agreement to process acceptable organic materials
into usable products, improve services, and divert material from the Southeast Landfill (SELF). These processing services
are essential to prolonging the life of the SELF. The awarded vendor(s) will receive and process brush and yard waste
collected and delivered by the City's residential collection service in addition to the City's drop-off stations. The
Transportation and Public Works and Park and Recreation Departments may also utilize this agreement to deliver loads of
acceptable brush and yard waste directly to the vendor.
The Environmental Services Department prepared a Request for Proposals (RFP) which consisted of detailed
specifications describing the project background, vendor requirements, and other requirements to perform the services.
RFP No. 24-0133 was advertised in the Fort Worth Star -Telegram on February 14, 21, 28, 2024, and March 6, 13, 2024.
On March 14, 2024, two responses were received.
An evaluation panel consisting of representatives from the Environmental Services, Diversity and Inclusion, Park and
Recreation, and FWLAB Departments evaluated and scored the responses using Best Value criteria. Staff reviewed the
pricing and determined it to be fair and reasonable. After evaluation, the panel concluded that TOR Texas, LLC d/b/a The
Organic Recycler of Texas should be awarded a contract to provide these services. No guarantee was made that a
specific amount of services would be used. Staff certifies that the recommended vendor proposal meets specifications.
Proposers Evaluation Factors
A B C D E F Total
Score
TOR Texas dba The 8 8 12.3 4.2 4.2 49.75 86.45
Organic Recycler of
Texas
The LETCO Group dba 8.8 8.6 12.6 4.2 4 55 93.2
Living Earth
Evaluation Criteria:
A) Minimum Requirements
B) Experience and Qualifications
C) Proposed Approach
D) Exceptions
E) Financial & Litigation History
F) Cost
FUNDING: Charges will be assessed on a per -ton basis with the annual cost depending on the amount of materials
delivered to be processed and with the per -ton rate in each of the first five (5) years outlined in the chart below and subject
to market -based cost adjustments starting with the first 5-year renewal. The total estimated cost for the first year of
organic waste processing services is $825,000.00. The estimated value of this contract over the potential 15-year lifetime
M&C Review
Page 2 of 2
(first 5-year term and the up to two 5-year renewal periods) is $20,825,000.00. The estimated contract amount does not
constitute a not -to -exceed limit on the contract, as the unit prices paid to TOR Texas, LLC d/b/a The Organic Recycler of
Texas are impacted annually by the cost adjustment, growth of the City, and organics contamination. Funding is budgeted
in the General Operating & Maintenance category within the Solid Waste Fund.
Contract Year 1 Year 2 Year 3 Year 4
Years 1-5
Annual 25,000 26,638 26,291 26,962
Tons
Year 5 Initial 5-Year Average Per
Contract Term Year
27,649 1 132,540 1 26,508
Average
Cost Per $33.00 $33.00 $34.65 $36.38 $38.20 $35.05
Ton
Total 11$825,000.0011$879,054.0011$910,983.1511$980,877.5611$1,056,191.80lI $4,652,106.5111 $930,421.301
BUSINESS EQUITY: A waiver of the goal for Business Equity subcontracting requirements was requested and approved
by DVIN, in accordance with the MWBE Ordinance, because the purchase of goods or services is from sources where
subcontracting or supplier opportunities are negligible.
AGREEMENT TERMS: Upon City Council approval, this agreement will begin upon execution by the Assistant City
Manager and expire five years from that date (initial term). The agreement may be renewed for up to two (2) additional five
(5) year terms following the 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
these vendor services through the competitive process, as allowed, to ensure the City receives a fair and equitable
contract.
;1F107_1M1►1.101N Ti/_11d1611LelanIII I;1K-AIII [a].F
The Director of Finance certifies that upon approval of the recommendation, funds are available in the current operating
budget, as previously appropriated, and upon adoption of the Fiscal Year 2025 Budget by the City Council, funds will be
available in the Fiscal Year 2025 Operating Budget, as appropriated, in the Solid Waste Fund. Prior to an expenditure
being incurred, the Environmental Services Department has the responsibility to validate the availability of funds.
TO
Fund Department Account Project Program Activity Budget Reference # I Amount
ID I ID Year (Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference # Amount
ID I I ID Year (Chartfield 2)
Submitted for Citv Manager's Office bv: Valerie Washington (6199)
Oriainatina Department Head:
Additional Information Contact:
ATTACHMENTS
Cody Whittenburg (5455)
Sarah Czechowicz (5164)
220RGANIC WASTE PROCESSING SERVICES RFP 24-0133 funds availabilitv.Ddf (CFW Internal)
220RGANIC WASTE PROCESSING SERVICES RFP 24-0133 Updated FID.xlsx (CFW Internal)
Form 1295 TOR 3252024.Ddf (CFW Internal)
Waiver Oraanics Processina-Solid Waste2021 sianed JK AI.Ddf (CFW Internal)