HomeMy WebLinkAboutContract 61715CSC No. 61715
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 The LETCO Group, LLC dba
Living Earth ("Vendor"), a Delaware 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. Scone 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 may 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. C;omnensation.
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 -
Five Thousand Dollars ($825,000.00).
OFFICIAL RECORD
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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. Qtv's Resnonsihilitiu: 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. Insnection 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 parry with 60 days' written notice of termination.
6.2 Non-anpronriation 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 Obliaations 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
with copies of all completed or partially completed documents prepared under this
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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 Damago.
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.
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.
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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): 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. Uncontrnllable(;ircnmvAAE e.
9.1 Uncontrollable Circumstance affecting Companv'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.
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
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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. Piy,cloy,iare, 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. Right 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
in order to conduct audits in compliance with the provisions of this section. City will give Vendor
reasonable advance notice of intended audits.
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12. Indenendent 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 LIABLEAND RESPONSIBLE FOR ANYAND ALL
PROPERTYLOSS, PROPERTYDAMAGE AND PERSONAL INJURY, INCLUDING,
INCLUDING, BUT NOT LIMITED TO, DEATH, TO ANYAND 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 HEREBYCOVENANTSAND 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, REPRSENTATIVES,
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
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
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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. AL*nment 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:
15.1.1.1 $1,000,000 - Each Occurrence
15.1.1.2 $2,000,000 - Aggregate Automobile Liability:
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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 limits according to the Texas Workers'
Compensation Act or any other state workers' compensation laws where the
Services are being performed
15.1.4 Employers' liability
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 ® 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.
15.7 Certificates of Insurance evidencing that Vendor has obtained all required insurance will
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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 the amount of Four Hundred Twelve Thousand Five
Hundred Dollars ($412,500.00) 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. All performance security, whether Performance Bond or Letter of
Credit, 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 or Letter of Credit remains in effect
each year of the Agreement. In the event that the Performance Bond or Letter of Credit 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. Comnliance 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:
THE LETCO GROUP LLC DBA LIVING
EARTH
Manny Rodriguez
Chief Executive Officer
1901 California Crossing Rd
Dallas, TX 75220-7005
Facsimile: (972) 869-3371
20. Solicitation of Emnlovees. 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. Governing Law / Venue. This Agreement will be construed in accordance with the laws of the
State of Texas. If any action, whether real or asserted, at law or in equity, is brought pursuant to this
Agreement, venue for such action will lie in state courts located in Tarrant County, Texas or the United
States District Court for the Northern District of Texas, Fort Worth Division.
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. CounternAria. 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 ServicQ. 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 Nationality 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.
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33. Signature Authority,. The person signing this Agreement hereby warrants that they have the legal
authority to execute this Agreement on behalf of the respective party, and that such binding authority has
been granted by proper order, resolution, ordinance or other authorization of the entity. This Agreement
and any amendment hereto, may be executed by any authorized representative of 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 C',omnanv Name or Ownershij2. 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 Boveott 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 Boycotting Energj 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
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(e.g. via pdf file or facsimile transmission) of an original signature, or signatures electronically inserted via
software such as Adobe Sign.
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. Valerie Wa hin t (Jul 17. 202415-41 CDT)
Name: Valerie Washington
Title: Assistant City Manager
Date: July 17 2024
Vendor:
Ma nny Rodruez
By. Ma nv Rnrlri°u (lul 17 2n2 n9.42 CDT)
Name: Manny Rodriguez
Title: Chief Executive Officer
Date: 7/17/2024
FOR CITY OF FORT WORTH INTERNAL PROCESSES:
Approval Recommended:
By: K__11�9
Name: James Keezell
Title: Environmental Services Assistant Director
Approved as to Form and Legality:
By: -M. " _LI _
Name: Kevin Anders
Title: Assistant City Attorney
Contract Authorization:
M&C: 24-0406
Form 1295: 2024-1138842
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.
Bf _i[%Ld�CLCLJL 9YCe¢2
y: rhrtviar, uarnar (i��i 17 �n na ae rnr)
Name: Christian Harper
Title: Contract Service Administrator
City Secretary:
By:
Name: Jannette Goodall
Title: City Secretary
bdpUORp�
Pao°° �40
Ovo o=d
QaQn n��56go
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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EXHIBIT A
SCOPE OF SERVICE]
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. Accented Waste Tvnes and Sources. Vendor shall accept and process Acceptable
Organic Materials hauled to the Composting Facility by the City's residential collection service contractor.
3. Comnosting Facilities. Vendor shall receive and process all Acceptable Organic Waste at
the Composting Facility located at 800 Mosier Valley Rd. Euless, TX 76040 (located inside the City of
Arlington landfill). 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 Oneration. 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
1S), Independence Day (or the date the Independence Day holiday is observed at the City of Arlington
Landfill), Labor Day (the first Monday in September), Thanksgiving Day (the fourth Thursday in
November), and Christmas Day (December 25th). 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 Ren_uirements. 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-Readv Product Salej. 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. Disnosal of Acceptable nrpanic 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 cannot 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 another disposal site selected by
Vendor that is authorized to dispose of such waste and charge the City the fee incurred for the disposal.
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 times. Vehicle turnaround time shall be calculated as follows: it begins when
the vehicle is weighed at the scalehouse, and its ends when the vehicle departs from the gates of the
Composting Facility.
11. Scalehouse Requirements. 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. Stora a 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 Loadj
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
14.3 Disposal. For all Unaccepted Loads, Vendor shall manage handling of the
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Unaccepted Load, including, but not limited to, loading, transporting and disposing of the
contents of the Unaccepted Load at a location of its choosing 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 a location of its
choosing; 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 person delivering the Unaccepted Load a fee based on
the incoming net weight of the Unaccepted Load as reported by the scale at the Composting
Facility. 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 to minimize dust and stormwater runoff
and erosion.
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. E=erty DamagL—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. Recordkeening & Renorting
18.1 Availabilitv & Submitting. 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 Tvnes 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. 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.
(f) Document characterization audit and other information related to Market -
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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 RenortinQ 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 Renortin2 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.
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.
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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 800 Mosier Valley Road,
Euless, TX 76040, 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
to the Services provided for under the terms of this Agreement; or any agency, authority, regulatory body
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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 30
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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.
Uncontrollable Circumstances shall include "unanticipated events," and shall mean any act, event or
condition (excluding those which result from the willful or negligent action or inaction of a party) occurring
during the term that has, or may reasonably be expected to have, a material and adverse effect on a right or
an obligation of either or both parties to this Contract, if such act, event or condition is beyond the
reasonable control of the party relying thereon as justification for not performing under this Contract.
Uncontrollable Circumstances shall include, but are not limited to, the following: an act of God, landslide,
lightning, earthquake, fire, explosion, flood, ice storm, nuclear radiation, acts of a public enemy or terrorist,
war, blockade, insurrection, riot or civil disturbance or any similar occurrence, or a condemnation or other
taking by or on behalf of any public, quasi -public or private entity, but not including reasonably anticipated
weather conditions for the geographic area of the City;
Uncontrollable Circumstances shall not include:
(1) insolvency or inability to pay any amount;
Non -Exclusive Vendor Services Agreement Page 23 of 30
Organic Waste Processing Services
The LETCO Group, LLC dba Living Earth
(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.
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.
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 30
Organic Waste Processing Services
The LETCO Group, LLC dba Living Earth
EXHIBIT A
PAYMENT SCHEDULE
UNIT PRICING FOR BRUSH AND YARD WASTE
Cumulative Fiscal Year Unit Range' BaselineUnit
Processing
Tons Vehicles Feel
0 tons — 5.000 tons 0 — 850 vehicles $ 30.00
5,000 toes — 10,000 tons 851 — 1.700 vehicles $ 30.00
10.000 tons-15,000 tons 1,701 — 2,550 vehicles $ 30.00
15.000 tons —20,000 tons 2.551 — 3,400 vehicles $ 30.00
Over 20,000 tons Over 3,400 vehicles $ 29.00
U n it4
(circle one)
Tons
VPer ton
JPer ton
Per ton
Per ton
Per ton
1, Total Fiscal Year lonsiloads 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
Organic Waste Processing Services
The LETCO Group, LLC dba Living Earth
Page 25 of 30
IJNIT PRICING. FOR OPTIONAL ADDITIONAL MATERIALS (EXCLIMING BIOSOLIDS)
Cumulative Fiscal Year Unit Range'
Tons
Vehicles
Additional Unit'
Unit (circle one)
Processing
Feet Tons
0 tons — 5 000 tons 0 — 850 vehicles $ 8.00 V Per ton
5,000 tors— 10,000 tons 851 — 1.700 vehicles $ 8.00 Per ton
10,000 tons—15,000 tons 1,701 — 2,550 vehicles s 8.00 Per ton
15.000 tons — 20,000 tons 2,551 3,400 vehicles s 8.00/ Per ton
Over 20,000 tons Over 3,400 vehicles $ 8.00 Per ton
1, Total Fiscal Year tonstloads 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. Unit price includes additional cost for optional additional material type on this form only. If implemented by the
City, the unit price on this form is added to the baseline price for Brush and Yard Waste on Form 9.1, See
example in Section 8,2,
Non -Exclusive Vendor Services Agreement Page 26 of 30
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EXHIBIT B
CITY PURCHASE PRICES FOR MARKET -READY PRODUCTS
Form 9.4: City Purchase Prices for Finished Products (Optional)
Composting Facility Name: Living Earth - Arlington
Facility Location: 800 Mosier Valley Rd. Euless. TX 76040
Proposers rray enter unit prices for City Purchases of Finished Products below. Submit additional
copies as necessary for additional product typesloptions
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)
Texas HarcivI,00d Mulch (double -grind) $ 19.00
Fine Shredded Hardwood (triple -grind)
Premium Colored Mulches
Organic Compost. STA Certified
Landscaper's Mix
Tree & Shrub Mix
Mixed Soil with Compost
Kiddie Cushion Play Surface
S 29.00
S 27.00
S 27.00
30.00
$ 35.00
s 37.00
S 37.00
Cubic Yard
Non -Exclusive Vendor Services Agreement Page 27 of 30
Organic Waste Processing Services
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EXHIBIT C;
City of Fort Worth Bid Solicitation (ITB/RFP No. 24-0133)
(See attached)
Non -Exclusive Vendor Services Agreement Page 28 of 30
Organic Waste Processing Services
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EXHIBIT D
Vendor's Response to City of Fort Worth ITB/RFP No. 24-0133
(See attached)
Non -Exclusive Vendor Services Agreement Page 29 of 30
Organic Waste Processing Services
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EXHIBIT E
Non -Exclusive Vendor Services Agreement Page 30 of 30
Organic Waste Processing Services
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EXHIBIT C
City of Fort Worth Bid Solicitation RFP 24-0133
FORTWORTH.
*Ir
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
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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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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
Organic Waste Processing Services RFP No. 24-0133
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
Organic Waste Processing Services RFP No. 24-0133
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
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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
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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
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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
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(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
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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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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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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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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
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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
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City of Fort Worth FINAL Request for Proposals
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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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(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
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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
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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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City of Fort Worth FINAL Request for Proposals
Organic Waste Processing Services RFP No. 24-0133
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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City of Fort Worth FINAL Request for Proposals
Organic Waste Processing Services RFP No. 24-0133
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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City of Fort Worth FINAL Request for Proposals
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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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City of Fort Worth FINAL Request for Proposals
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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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City of Fort Worth FINAL Request for Proposals
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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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City of Fort Worth FINAL Request for Proposals
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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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City of Fort Worth FINAL Request for Proposals
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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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City of Fort Worth FINAL Request for Proposals
Organic Waste Processing Services RFP No. 24-0133
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 No. 24-0133
Ark LIVING �
EARTH
MULCH •COMPOST •SOILS
Where Sustainability Begins"'
CITY OF FORT WORTH TEXAS
FORTWORTH.
1*
REQUEST FOR PROPOSALS 24-0133
ORGANIC WASTE PROCESSING SERVICES
BIDDERS REPSPONSE
Submitted March 14, 2024
To: The City of Fort Worth
Environmental Services Department
200 Texas Street
Fort Worth, TX 76102
via httr)s://fortworthtexas.bonfirehub.com/portal
By: The LETCO Group LLC, dba Living Earth®
(972) 506-8575 Corporate Office
1901 California Crossing Rd
Dallas, TX 75220
City of Fort Worth - Environmental Services Department
♦ LIVING Organic Waste Processing Services Proposal RFP No. 24-0133
® EARTH Submitted By: The LETCO Group LLC, dba Living Earth
MULCH - COMPOST • SOILS Submitted: March 14, 2024
Where Sustainability Begins
Table of Contents
I. Section 1: Letter of Intent
II. Section 2: Company History and Ownership (Form1)
III. Section 3: Company Experience
IV. Section 4: Proof of Satisfaction of Minimum Requirements and Experience
(Form 2)
V. Section 5: Method of Approach
VI. Section 6: Key Personnel
VII. Section 7: Contractor's Representative
VIII. Section 8: Financial Statement
IX. Section 9: Financial Capacity
X. Section 10: Litigation and Payment of Liquidated Damages History
A. Section 11: Compliance Records
XII. Section 12: Release and Indemnification (Form 3)
XI I I. Section 13: Acknowledgement of Addenda (Form 4)
XIV. Section 14: Non -Collusion Acknowledgement (Form 5)
XV. Section 15: Suspension or Debarment (Form 6)
XVI. Section 16: Exceptions (Form 8)
XVII. Section 17: Proposal Response Form (Form 9)
XVIII. Section 18: Price Proposal (Form 9) Pricing Omitted per Bid Submittal Instructions
1WLIVING
EARTH
MULCH • COMPOST • SOILS
Where SusWnabiliry Begins" -
SECTION 1. LETTER OF INTENT
March 12, 2024
City of Fort Worth
Environmental Services Department
200 Texas Street
Fort Worth, TX 76102
City of Fort Worth - Environmental Services Department
Organic Waste Processing Services Proposal RFP No. 24-0133
Submitted By: The LETCO Group LLC, dba Living Earth
Submitted: March 14, 2024
Organic Waste Processing Services, RFP 14-0133
To Whom It May Concern:
The intent for writing this letter is to inform you The LETCO Group, LLC dba Living
Earth ("Living Earth" "Company") will respond in full to the City of Fort Worth RFP
14-0133 Organic Waste Processing Services. Living Earth has the scale, financial
capacity, and expertise to fulfill the services and responsibilities the City of Fort Worth
("City") is requesting.
Living Earth's proposal is a firm offer for a one hundred and eighty (180) calendar
day period from the Proposal Opening Date as specified in Section 4.1.2 of the RFP.
The information contained in the Company's proposal or any part thereof, including
exhibits, schedules and other documents and information delivered to the City is true,
accurate and complete to our knowledge. The proposal includes all the information
necessary to ensure that the statements herein do not in whole or in part mislead the
Cities as to any material facts.
Respectfully,
Lora Hinchcliff
Municipal Solutions Manager
SWANA Certified 807818
Ihinchcliff(@Ietcoaroup.com
(214) 673-3341 mobile
SECTION 2: FORM 1: STATEMENT OF ORGANIZATION
Proposer Name: Livinq Earth
Full Name of Business: The LETCO Group, LLC dba Living Earth
Type of Corporate Entity: Limited Liability Company
Tax ID: 26-0888960
Principal Business Address: 1901 California Crossing Rd
Dallas, TX 75220-7005
Local Business Address:
(if applicable)
Contact Name: Lora Hinchcliff Title: Municipal Solutions Manager
Telephone Number: 214-673-3341 Email Address: Ihinchcliff@letcogroup.com
Authorized Representative(s)
Provide the names of authorized representative(s) of the Proposer who has legal authority to bind
the Proposer in contractual obligations:
Eoin Lehane, CEO Manny Rodriguez, COO
Hector Chairez, GM Lora Hinchcliff, MSM
Subcontractor(s)
List all subcontractors participating on this proposal
Name
Address
Mike Erickson, CFO
Area of Responsibility
City of Fort Worth RFP 24-0133
Exhibit A: Forms Page 1 of 1
City of Fort Worth - Environmental Services Department
♦ LIVING Organic Waste Processing Services Proposal RFP No. 24-0133
® EARTH Submitted By: The LETCO Group LLC, dba Living Earth
MULCH - COMPOST • SOILS Submitted: March 14, 2024
Where Sustainability Begins
SECTION 2. COMPANY HISTORY AND OWNERSHIP
In 1985, Living Earth was founded as Houston -based Living Earth Technology Co.
("LETCO") and has a strong history of growth. Between 1990 and 1991, Living Earth
acquired Dallas Organic Products (Dallas, TX) and International Stone and Materials
(Missouri City TX).
1991 Republic Waste Services of Texas, Ltd. purchases LETCO and the Company
becomes a subsidiary of Republic Waste Services (now Republic Services, Inc.)
1995 Triple A Mulch, The Woodlands, TX acquisition.
1995 CJM Soil Supermarkets acquisition in Houston TX and Richmond TX
1996 New Greenfield Site Developed Plano, TX
1997 Elliott's Agri -Service, Pineland, TX acquisition.
1998 New Greenfield Site Developed Rockwall, TX
1999 New Greenfield Site Developed Lancaster, TX
2000 New Greenfield Site Developed League City, TX
2004 New Greenfield Site Developed Katy, TX
2005 Co -Located New Brush Facility, Arlington Landfill, Euless, TX
2007 Carve out of Living Earth from Republic Waste Services / LETCO Acquisition
completed by Hunt Specialty Situations Group, LP November 26, 2007
2008 New Greenfield Sites Developed New Caney, TX and Fort Worth, TX
2009 New Greenfield Site Developed Iowa Colony, TX
2010 Co -Located New Brush Facility, McCarty Landfill, Houston, TX
2010 New Greenfield Sites Developed Double Oak, TX and S Beltway 8, Houston, TX
2011 LETCO Acquisition completed by NGP Holdings and SJF Ventures II, LP
2012 New Greenfield Site Developed Katy West Fwy, Houston, TX
2013 Co -Located New Brush Facility, Southeast Landfill, Fort Worth, TX
2016 New Greenfield Site Developed Beaumont Hwy, Houston, TX
2017 LETCO Acquisition completed by Bain Double Impact, July 18
2018 New Greenfield Site Developed Aledo, TX
2018 First Out -of -State Acquisition Nature's Best Organics of Tennessee, January 31
2020 JEMASCO, Paris, TX acquisition December 31, 2020
2023 LETCO Acquisition completed by ES Capital Partners, May 18
D City of Fort Worth - Environmental Services Department
Alk LIVING Organic Waste Processing Services Proposal RFP No. 24-0133
EARTH Submitted By: The LETCO Group LLC, dba Living Earth
MULCH - COMPOST • SOILS Submitted: March 14, 2024
Where SusWnability Begins" -
SECTION 3. COMPANY EXPERIENCE
Living Earth has been a leader of organic material processing and landscape materials
manufacturing in Texas for 38 years. Headquartered in Dallas, our mission is to meet
the growing regional and national demands that landscape contractors, government
entities, waste haulers, and other customers have for efficient, reliable organic waste
processing services.
Living Earth's green material grinding operations have proven to be an asset in landfill
reduction, assisting in a comparable greenhouse gas reduction effect and water
conservation, all while recovering and returning organic material back into the
environment for beneficial use.
The Company owns, operates, and maintains a specialized fleet of rolling stock and
equipment that supports its grinding and production operations. It's major fleet and
equipment includes 6 maintenance trucks, 33 water trucks, 67 tractor trailers, 37 dump
trucks, 62 wheel -loaders, 5 excavators, and 12 grinders. Living Earth keeps accounts in
place with several equipment rental companies, allowing for a unit to quickly be put in
place to avoid operational interruptions during scheduled maintenance on production
equipment, or in the event of equipment breakdown.
Living Earth produces and markets full lines of mulch, compost and soil blends made
primarily from our locally sourced and recycled materials. Finished products are made
available in both bag and bulk quantities and sold to landscape contractors,
independent garden centers, school districts, major retailers, municipalities, and
homeowners. Customers enjoy being able to pick materials up at Living Earth's
convenient locations or utilizing Living Earth's prompt and courteous delivery service.
Living Earth personnel have extensive training in safety and how to properly operate
and maintain company equipment. All employees are fully insured and actively
participate in the company's safety program. The management team has an average
tenure of 14 years with the Company and leads an outstanding team of 280
experienced, qualified employees. Living Earth operates 31 manufacturing and sales
facilities between Texas and Tennessee, which includes its 26 grinding and landscape
materials manufacturing operations.
All Company grinding and production sites are open to the public for the disposal of
landscape trimmings, tree debris, yard waste, wood waste, and vegetative food
City of Fort Worth - Environmental Services Department
♦ LIVING Organic Waste Processing Services Proposal RFP No. 24-0133
® EARTH Submitted By: The LETCO Group LLC, dba Living Earth
MULCH - COMPOST • SOILS Submitted: March 14, 2024
Where Sustainability Begins"
discards. Drop-off customers include major solid waste hauling companies, land
clearing companies, government entities, lawn and tree maintenance companies,
landscape contractors, and manufacturing companies.
Living Earth has a strong performance record and reputation for compliance and
cooperation. Public sector agencies the Company has provided services for or are
under current contract include U.S. Department of Energy, FEMA (as subcontractor to
prime), TXDOT, NTTA, City of Fort Worth Texas, City of Arlington Texas, City of Dallas
Texas, City of Farmers Branch Texas, City of University Park Texas, City of Highland
Village Texas, City of McKinney Texas, City of Houston Texas, Dallas ISD, Harris
County Texas, and the Cities of Grand Prairie and Mesquite Texas (as subcontractor).
Technical Experience and Ability to Manage Contracts of Similar Size &
Complexity
Living Earth grinds and processes more than 1,000,000 tons of organic material each
year. Highlights of a few Texas municipal contracts similar in scope and and complexity
of RFP 24-0133 are as follows:
City of Arlington - Republic Services: Landfill Brush Waste Grinding Contract
2007 to Present Day. Living Earth operates and maintains a brush waste grinding and
composting operation at the Arlington Landfill as subcontractor to Republic Services,
prime contractor with the City of Arlington to manage/operate the landfill. Living Earth's
subcontract with Republic Services has been active since November 2007. Living Earth
works in partnership with the City's Environmental Services Department and Republic
Services to divert and process up to 250,000 cubic yards (62,500 tons) of green waste
and food discards annually.
City of Fort Worth - Republic Services: Southeast Landfill Brush Grinding
Contract 2013 to December 2024. Living Earth operates and maintains, under a
materials processing agreement with Republic Services, a brush and yard waste
grinding facility at the Southeast Landfill in Fort Worth, Texas. The Company processes
a combined average of 36,000 tons wood waste, yard waste, tree debris, and food
waste as subcontractor for Republic. Over the past decade, Living Earth, as
subcontractor, has worked in close partnership with the City of Fort Worth, its residential
waste hauler, Waste Management, and Republic Services, Landfill Operator during the
term of the City's yard waste contract with Republic, which expired 12/31/2023.
City of Highland Village: Yard Waste Recycling Drop-off Contract March 2002 to
Present. Living Earth provides recycling drop off locations for the City of Highland
City of Fort Worth - Environmental Services Department
♦ LIVING Organic Waste Processing Services Proposal RFP No. 24-0133
® EARTH Submitted By: The LETCO Group LLC, dba Living Earth
MULCH - COMPOST • SOILS Submitted: March 14, 2024
Where Sustainability Begins"
Village Texas residential yard waste collected at curbside by City designated
contractor(s). Living Earth processes the inbound yard waste materials for beneficial
use in the form of finished products. Contract terms include the provision of month -end
reports and invoicing for all material received under the City's curbside collection
program.
City of University Park: Disposal of Compostable Materials Contract September
2013 to Present. Living Earth receives and process yard waste, mixed organic
landscape material, tree limbs and logs collected by the City of University Park, Texas
sanitation department. Material is transported to Living Earth in City transfer trucks for
disposal and processing. Invoice reports are issued to the City at month end and
include copies of the driver log (vehicle ID, date, time, signature) and scale tickets.
City of Farmers Branch: Annual Brush Tipping and Processing Agreement 2021
to Present. Living Earth receives and process approixmately 3,500 tons brush and yard
waste collected by the City of Farmers Branch Public Works Department. Material is
transported in the city's `Green Grabber' brush trucks to Living Earth Dallas for disposal
and processing. Invoice reports are issued to the City per vehicle trip.
City of McKinney: Organic Waste Processing Services Contract effective
11/21/2023 to 9/30/2026 City may specify up to four (4) additional one-year optional
renewal terms up to 9/30/2030. Under the Agreement, Living Earth receives all
acceptable organic waste delivered to the Company's Aubrey facility by the City
Curbside Hauler, City Residential Drop -Off Customers, and City Maintenance Drop -Off
Customers. Living Earth processes the material, producing finished products for end
users. Invoice reports are issued to the City at month end with supporting scale tickets.
City of Houston: Texas Wood and Yard Waste Processing Services Contract
#4600014912 - August 2018 to November 2024 Living Earth was awarded in August
2018 its third consecutive five-year contract to perform wood and yard waste processing
services for City of Houston. Contract scope of services includes providing all labor,
materials, equipment, tools, permits, supervision and transportation necessary to
provide wood waste removal and processing in accordance with the scope of work,
terms, and conditions of the contract. Living Earth receives and processes, on behalf of
the City, an average of 35,400 tons tree waste and 8,645 tons yard waste each year.
SECTION 4: PROOF OF SATISFACTION OF MINIMUM REQUIREMENTS / EXPERIENCE
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
Living Earth
1. Reference Name
David Hildreth
Reference Title
Division Manager
Reference Company
Allied Waste Systems, Inc. ("Republic")
Current Address
6288 Salt Rd (Processinq Facility)
City, State, Zip Code
Fort Worth, Texas 76140
Telephone Number
( 817 ) 233-2592
Email Address
dhildreth2@republicservices.com
2. Reference Name
Tyler Hurd
Reference Title
Solid Waste and Recycling Manager
Reference Company
City of Arlington Texas
Current Address
801 W. Main Street
City, State, Zip Code
Arlington, TX 76010
Telephone Number
( 940 ) 465-6081
Email Address
tyler.hurd(a)_arlingtontx.gov
3. Reference Name
Mark Wilfalk
Reference Title
Director, Solid Waste Management Department
Reference Company
City of Houston
Current Address
611 Walker Street, 12th Floor
City, State, Zip Code
Houston, TX 77002
Telephone Number
( 832 ) 393-0454
Email Address
mark.wilfalk(aDhoustontx.gov
City of Fort Worth RFP 24-0133
Exhibit A: Forms Page 1 of 4
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: Allied Waste Systems, Inc. (Republic Services)
Location: Southeast Landfill, 6288 Salt Rd, Fort Worth TX 76140
Experience Overview:
Customer Tons Processed in Past 5
Years:
Contract Start and End Dates:
179,800
1 August 2013 - 31 December 2024
Additional Experience/Proiect Description:
Blank sheets with continued additional experience/project descriptions, drawings or photos may be
included as attachments to this Form.
Project Description:
Locate and operate a compost / mulch processing facility at the Southeast Landfill Fort Worth
(SELF) under a subcontractor agreement with Republic with the intent to receive and process
City of Fort Worth curbside residential yard waste, tree waste dropped of by city
departments; commercial waste haulers, landscape contractors, food packaging companies, and
arborists/tree trimming companies. Material is received for processing include green waste such
as brush, tree waste for mulching, leaves, grass clippings, plant cuttings, clean unpackaged
produce discards and unpackaged bakery products for composting; and source -separated clean
untreated lumber scraps, rippings, cut offs and pallets for processing.
Finished product is available
for purchase on site, but the majority of finished product (mulch, soil blends, compost) is direct
shipped to job sites for our landscape contractor customers and municipal customers and some
material is transferred and packaged at our Living Earth Roanoke bagging plant.
Equipment: Diamond Z 6000 Horizontal Grinder, 966 Caterpillar Wheel Loader, 644K John Deere
High -Lift Wheel Loader, 644J John Deere High -Lift Wheel Loader, Water Truck, Water Tank,
Komptech Multistar XL3 Screen.
Personnel: 1-Site Manager, 3-Heavy Equipment Operators, 1-Laborer (trash picking)
City of Fort Worth RFP No. 24-0133
Exhibit A: Forms Page 2 of 4
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: Republic Waste Services of Texas, Ltd. ("Contractor")
Location: 800 Mosier Valley Rd, Euless, TX 76040
Experience Overview:
Customer Tons Processed in Past 5
286,000 tons
Years:
Contract Start and End Dates: 16 November 2007 - 16 November 2027 with renewal options
Additional Experience/Proiect Description:
Blank sheets with continued additional experience/project descriptions, drawings or photos may be
included as attachments to this Form.
Project Description: Living Earth operates a wood waste and brush grinding facility at the Arlington
Landfill under a subcontractor agreement with Republic Services ("Contractor"). Living Earth
receives and processes source separated materials such as tree limbs, brush, logs and source -
separated, untreated wood waste. The site also accepts sawdust, yard trimmings, spoiled
produce, stable bedding and other vegetative discards for composting. All inbound customers
check in at the landfill scale house before proceeding to the brush drop off facility. Drop-off
customers include commercial landscapers and tree trimming companies, waste haulers,
residential customers (Arlington residents) and the general public.
In 2021, Living Earth was required to move from it's original operating footprint to another section
of landfill property to accomodate landfill expansion. Working in tandem with Republic Services,
Living Earth was able to develop a new site pad and relocate our operations without interupting
services. The move required building new roads, moving all materials off the existing site,
installing a new coloring machice and developing a new office space. Over the years, Living Earth
has continued to work in partnership with Arlington's Environmental Services Department and
Republic Services to divert over 250,000 yards of green waste from the landfill each year and
process those green materials for beneficial use in the form of compost,mulches and soil blends.
Equipment: DZ 6000 Horizontal Grinder, 963D Caterpillar Track Loader, 950 Caterpillar Wheel
Loader, 908 Caterpillare Compact Loader, Edge 622TRC Color Pro, Terex Ecotec Phoenix
2100Trommel Screen
Personnel: 1-Site Manager, 3 to 4 Heavy Equipment Operators, 1-Customer Service
Representative, 1-Laborer
City of Fort Worth RFP No. 24-0133
Exhibit A: Forms Page 3 of 4
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: City of Houston Solid Waste Manaqement Department
Location: 4 locations to cover the NE, NW Quadrants and SE, SW Quadrants of the City
Experience Overview:
Customer Tons Processed in Past 5
Years: 177,000 tons tree waste; 43,200 tons yard waste processed
Contract Start and End Dates: 27 August 2018 to 26 November 2024. New Contract
RFP in progress.
Additional Experience/Proiect Description:
Blank sheets with continued additional experience/project descriptions, drawings or photos may be
included as attachments to this Form.
Project Description: Wood and Yard Waste Processing Services Contract #4600014912. In
2018, Living Earth was awarded its third consecutive five-year contract with the City of
Houston ("COH") to (1) receiveand process tree waste collected every other month by COH
solid waste department crews and (2) receive and process residential compostable yard
waste collected and transported by city crews in rear load vehicles. The City of Houston
residents must use ASTM D6400 BPI Certified Compostable lawn and leaf bags for
curbside yard waste set out. The translucent bags allow crews to easily spot any co -
mingled contaminants, and BPI certified lawn bags break down quickly during the
composting process. Small branches may be set out with compostable bags as long as
each bundle is less than 4 feet in length, 18 inches in diameter, and not weighing more than
50 pounds.
The COH utilizes four Living Earth drop-off and processing facilities. Scope of services
covered by Living Earth include the provision all labor, materials, equipment, tools, permits,
supervision and transportation necessary to provide wood and yard waste processing in
accordance with the scope of work, terms, and conditions of the contract.
Equipment: Two Peterson 68700 Horizontal Grinders, One Peterson 5710 Horizontal
Grinder, Diamond Z Tub Grinder. Each grinder is accompanied by (1) John Deere 21OG
Excavator, (1) John Deere 644 Wheel Loader. Each site provides additional wheel loaders
to help process and stack material. Komptech XL3 Star Screen used during the finishing
phase of production.
Personnel: 1-Site Manager and Customer Service Representative at each processing
facility (Beaumont Hwy, Crawford Rd, Missouri City, South Beltway 8). Two (2) to Four (4)
Heavy Equipment Operators depending on inbound volumes.
City of Fort Worth RFP No. 24-0133
Exhibit A: Forms Page 4 of 4
City of Fort Worth - Environmental Services Department
ZEARTH
LIVING Organic Waste Processing Services Proposal RFP No. 24-013310' Submitted By: The LETCO Group LLC, dba Living Earth
MULCH • COMPOST • SOILS Submitted: March 14, 2024
Where SusWnability Begins"
8.5 Letter of Credit or Performance Bond
LIVING
EARTH
March 121h, 2024
RE: RFP No. 24-0133 Section 10.4 (1)
To Whom it May Concern,
This letter is to serve as notice that upon award of Contract, we as a Company, would engae
our current banking partner, Texas Capital Bank, in obtaining a Letter of Credit ("LOC") to m
the contractual obligations set forth. We are in good standing with the institution and currei
utilize them for other contractual requirements requiring LOCs to be in place. Based on the
expected value of the contract we do not foresee any issues in being provided with a LOC
satisfying the requirements outlined in the proposal or what is expected to be in the final
Contract.
Please let me know if you have any questions or require any further information.
Respectfully,
Bill Dziadosz
Corporate Controller
bdziadoszPletcoerouD.com
(608)332-9878 mobile
The LETCO Group, LLC DBA Living Earth • 1901 California Crossing Rd, Dallas TX 75220 • (972) 869-4332
City of Fort Worth - Environmental Services Department
♦ LIVING Organic Waste Processing Services Proposal RFP No. 24-0133
"F EARTH Submitted By: The LETCO Group LLC, dba Living Earth
MULCH - COMPOST • SOILS Submitted: March 14, 2024
Where SusWnabiliry Begins" -
SECTION 5: METHOD OF APPROACH
10.5.1 Facility Ownership and Capacity
Name/Location: Living Earth Arlington, 800 Mosier Valley Rd, Euless, TX
Co -located inside the Arlington Landfill.
Type of Materials Accepted/Managed at Location: Brush, tree limbs, logs, line
trimmings, chipped tree debris, source separate wood waste, landscape debris (grass
clippings, leaves, plant debris), seasonal floral trimmings, stable bedding, horse
manure, saw dust, vegetative food discards.
Name of Owner/Operator: The LETCO Group, LLC
Site Manager: Judd Treat (214) 325-8040
Term of Contract with the Facility:
Guarantee of capacity offered to the City: Up to 40,000 tons per year.
10.5.2 Facility Details
C. The proposer, Living Earth, confirms its intention to receive and process brush and
yard waste and will identify any additional material that can be accepted and processed
as acceptable organic materials within the proposal.
D. Maximum total capacity and available capacity in unprocessed tons per year up to
990,000 tons.
Material is continually flowing on and off property in the form of raw, unprocessed
material and finished, market ready products; 3,000 maximum peak tons per business
day. The Company's total annual sales in tons and yards of finished products in the
DFW market area are evidence of the stated total tons and available capacities.
Annual tons processed in each of the last five years, LIVING EARTH ARLINGTON
2019
45,173 37,08 38810 44845I 42.440
A. Living Earth Arlington site plan demonstrates access roads, point of entry/exit, on site
roadways, tipping area, production/colorizing area, office and retail sales yard. Landfill
scale house and scales, administrative offices, security features (fencing, gates) and
site infrastructure fall under the purview of landfill operations and are highlighted within
the vicinity map (please see following page).
City of Fort Worth - Environmental Services Department
ZEARTH
LIVING Organic Waste Processing Services Proposal RFP No. 24-013310' Submitted By: The LETCO Group LLC, dba Living Earth
MULCH • COMPOST • SOILS Submitted.' March 14, 2024
Where SusWnabibty Begins" -
SITE PLAN & PROCESS FLOW DIAGRAM (Yard Waste Processing Workflow)
. I
i
YARD WASTE
pRAW COMPOST p I
� LUMBER
DETENTION POUND REPUBLIC I O./1 til
i
COMPOST PILE TIPPING AREA �
+ ETAILAREA I.
I���\\� PRE IUM COMPOST j � O �
V—.—.—.—.—.—.—.—.—.—.—.—.—.—.—.—.—.—.—.—.—.—.—.—.—.—.—.—.—.—.—.—.—.— 1 l
j I
<'< 'R + M CH �!I U U i
j I NATIVE MULCH i I
!j +��H mLCavFR i .l i<
BRUSH PILE
1 I C U U I/ l
��
i eucKw�cH i i i I
OFFFICE
KIDDIE
}
't
i
j CUSHION
--------------------------------------------------------
--------- ACCESS ROAD
VICINITY MAP
i
LIVING EARTH ARLINGTON
ACCESS ROADS
LIVING EARTH
uv<rrG 800 Mosier Valley Rd.
E,AXtTT{ Eulles,Tx.76040
Yard Waste Process and Technology Employed from Receiving to Production
Step-by-step process of yard waste recycling, detailing the procedures involved in
receiving, stockpiling, grinding, and screening to produce high -quality compost. The
efficient execution of each step ensures environmental sustainability and resource
optimization.
Step 1: Yard Waste Receiving and Weighing
Yard waste materials are received at the designated site.
Each load is carefully weighed upon arrival to track the volume of incoming material.
Inbound yard waste is inspected for any contaminants or non-compostable items.
Step 2: Stockpiling and Aeration
The received yard waste is organized into manageable stockpiles.
Turning and aerating the stockpiles help initiate the natural decomposition process.
Proper aeration encourages microbial activity, promoting decomposition and reducing
odors.
City of Fort Worth - Environmental Services Department
♦ LIVING Organic Waste Processing Services Proposal RFP No. 24-0133
"F EARTH Submitted By: The LETCO Group LLC, dba Living Earth
MULCH - COMPOST • SOILS Submitted: March 14, 2024
Where SusWnabiliry Begins"
Step 3: Grinding Through Demo Screens (5x7)
The yard waste is loaded onto Diamond Z horizontal grinder.
The material is ground to a smaller size using demo screens with a mesh size of 5x7.
Grinding breaks down the yard waste into smaller particles, enhancing the composting
process.
Step 4: Regrinding Through 2" Screens
The pre -ground material is further processed through 2" screens.
This step refines the material, ensuring consistent particle size for optimal composting.
Oversized materials that don't pass through the screens are directed for further
processing.
Step 5: XL Komptech XL3 Screening for Compost Production
The material that passed through the 2" screens is fed into an XL Komptech screening
system. The Komptech screen further separates the material into different size
fractions, including the final compost product. Oversized materials are redirected for
reprocessing through the grinding and screening steps.
Step 6: Compost Quality Control
The screened material that meets the compost specifications is collected as the final
product. The compost undergoes quality control checks to ensure it meets regulatory
and quality standards. Sampling and testing monthly or quarterly, pending production
volumes, to verify that the compost is safe and suitable for various applications.
Following the above procedures, the Company recovers up to 99% of inbound material
during its grinding and processing services, manufacturing finished, market -ready mulch
and compost products.
Step 7: Distribution and Utilization
The high -quality compost is ready for distribution and utilization. It can be used for
various purposes, including landscaping, agriculture, gardening, and erosion control.
Compost adds organic matter to soils, improving soil structure and nutrient content.
By following this systematic approach, we efficiently convert yard waste into valuable
compost, contributing to environmental sustainability and resource optimization. It is
essential to adhere to these procedures to ensure consistent compost quality and
compliance with regulatory guidelines.
E. Types of Finished Products produced with history of annual cubic yards marketed for
the past five years.
City of Fort Worth - Environmental Services Department
Ah LIVING Organic Waste Processing Services Proposal RFP No. 24-0133
EARTH Submitted By: The LETCO Group LLC, dba Living Earth
MULCH - COMPOST • SOILS Submitted: March 14, 2024
Where SusWnabiliry Begins" -
BULK; Goo 2019 202-0 2021 2022 2023
BAGS; cy/bag
TOTAL
cy (thausands)
Gravel
61
55
65
76
10O
mulch
283
355
4D6
385
371
Sand
s
9
9
9
9
Soil
195
213
230
266
242
TOTAL
547
633
710
736
721
Living Earth markets its mulches, compost, and soil mixes under its brand name, Living
Earth®. Offering products both in bulk and bags, The Living Earth® product line is well
established, and well positioned as a premium product line with brand name
recognition.
Living Earth employs a full-time Director of Sales & Marketing who is exclusively
devoted to growing and expanding the private sector distribution model. This affords
Living Earth with the ability to focus on distributing significant quantities of processed
tree and yard waste back into the general marketplace for wholesale and retail
consumption. Additionally, the company has five dedicated sales representatives who
support customers and new business opportunities in the Dallas — Fort Worth market
area.
All Living Earth DFW locations have customer service representatives who also aid in
the selling of our products as daily walk-in traffic is a large part of our business.
Marketing materials such as product flyers, product data sheets, product testing, our
informational website and social media presence (Facebook, Instagram, TikTok) also
aid in our sales efforts.
Living Earth is a proud member of the Texas Nursery Landscape Association and is
heavily active in its regions and its annual Expo and trade show to help support and
promote the nursey landscape industry. The Company is also a member of: The
American Society of Landscape Architects and its Texas Affiliate (TXASLA), the Solid
Waste Association of North America, and its Lonestar Chapter (TXSWANA), the United
States Composting Council, and its Texas Chapter (TXCC). The Company is registered
with GO TEXAN, an advertising campaign sponsored by the Texas Department of
Agriculture and is the largest STA Certified CompostTM participant I Seal of Testing
Assurance, a program of the US Composting Council.
City of Fort Worth - Environmental Services Department
♦ LIVING Organic Waste Processing Services Proposal RFP No. 24-0133
® EARTH Submitted By: The LETCO Group LLC, dba Living Earth
MULCH - COMPOST • SOILS Submitted: March 14, 2024
Where Sustainability Begins
F. Proposer's Approach to controlling litter, odor, and other nuisances.
Site manager completes full walk of property before and after closing to mitigate any
odor or potential for other nuisances. Inbound loads of organic feed stocks are visually
inspected while on the scale or checking in at Living Earh's office. Loader operator(s) or
laborer will inspect inbound loads when material is disposed. Food waste loads are
covered with shavings and yard waste then positioned into the appropriate feedstock
pile. Odors are typically generated when turning the feedstock piles for proper aeration
and decomposition. Operators aggressively monitor and manage the process to
mitigate the odors. Moisture is applied as needed and direct application immediately
after piles are turned can provide sustained odor control. If operating near sensitive
receptors, a perimeter system can be put in place on an as needed basis to help
prevent any impact to the community. The primary method used to reduce odors is to
eliminate certain feedstock streams in the first place.
G. Proposer's quality assurance procedures for finished products - Compost Processing
Living Earth applies a uniform procedure for processing vegetative material, tree
trimmings and yard waste to destroy pathogens.
Compost must be turned frequently with a wheel loader to maintain proper oxygen and
moisture levels, and to ensure the entire amount of material is heated properly to
destroy pathogens and weed seed. The initial and established Carbon: Nitrogen (C:N)
ratio shall be between 25:1 and 40:1.
Procedure: The procedure to follow is the process known as Procedure to Further
Reduce Pathogens:
• Starting feedstock materials are positioned in a static pile.
• Pile mechanics are managed to allow proper porosity to maintain oxygen levels,
allowing the organic material to undergo a `self -heating' process via aerobic
microorganisms.
• The static or windrow pile is turned monthly to allow in fresh oxygen,
reconstructing the air space and allowing carbon dioxide and other gases to be
released.
• The turning of the pile exposes the core to elevated temperatures, allowing for
increased natural convection to occur.
• Time and temperature are monitored and logged to ensure requirements are met for
adequate pathogen reduction through the composting process.
City of Fort Worth - Environmental Services Department
♦ LIVING Organic Waste Processing Services Proposal RFP No. 24-0133
® EARTH Submitted By: The LETCO Group LLC, dba Living Earth
MULCH - COMPOST • SOILS Submitted: March 14, 2024
Where Sustainability Begins"
• The composted organic matter is processed through a'/2-inch screen and
positioned into a new static windrow pile no higher than twelve (12) feet.
• The processed material is then fluffed and allowed to cure for up to six (6)
months.
• Adjustments are made, if needed, during this final curing stage to ensure a
premium grade finished product.
Finished compost is tested by a third -party laboratory every 1-3 months, depending on
monthly production volumes, as part of the Seal of Testing Assurance I Certified
Compost Program of the US Composting Council. The STA Program provides checks
and balances within the STA Lab and Participant network to ensure proficiency and
consistency with testing procedures and compliance. Similar to a nutrition label, the
STA Program's Compost Technical Data Sheet (CTDS) includes test results, a list of
ingredients (feedstock used) and recommended directions for use.
Aprc mm ofthe US:.omocstitg Ca d
r I J
Frank Franciosi - Executive Director
This document certifies that the Participant has met all the requirements set forth in the Seal of Testing
Assurance Program Rules and continues to comply through the dates noted on this certificate.
Company — Living Earth
Facility — Arlington Landfill
Product — General Use Compost
"F LIVING
EARTH
MULCH - COMPOST • SOILS
Where SusWnabiliry Begins"
10.5.3 Staffing and Training
City of Fort Worth - Environmental Services Department
Organic Waste Processing Services Proposal RFP No. 24-0133
Submitted By: The LETCO Group LLC, dba Living Earth
Submitted: March 14, 2024
a. Number of front-line staff to perform the services at Living Earth Arlington include:
Customer Service Representative and Site Manager; Three grinding crew members to
operate Diamond Z 1050 HP horizontal grinder, John Deere excavator with grapple to
feed grinder, and Caterpillar 963D track loader. Service truck operator to provide fuel
and mechanical support. Laborer to check loads, pick up litter on site.
b. All employees must complete the onboarding process. Operators must complete and
pass their training to operate heavy equipment and lockout tag out procedures.
c. Dress, grooming, and personal cleanliness standards contribute to the morale of all
employees and affect the business image Living Earth presents to customers and
visitors. During business hours, the following policy applies to all employees:
• Be well-groomed and wear clean clothing according to the requirements of the
position.
• Clothing with offensive or inappropriate designs, stamps or logos are not allowed.
• Individual employees may be allergic or physically distressed by essences,
scents and odors of perfume, cologne, hand lotion, after -shave, etc. Employees
are strongly encouraged to be considerate of co-workers when using such
products.
• Dress code as applies to Operators: PPE enforced. Steel -toed shoes, Hi -Viz
shirts, vests and/or Hi -Viz jackets, safety eye wear always required and hard hat
where specified.
d. Living Earth employs a full-time Human Resource Director and assistant to manage
continuity of staff. The Company also contracts a third -party recruiter to proactively
recruit for the business, while also utilizing a staffing agency to mitigate labor shortages.
Hector Chairez, GM, DFW Area
Reports to CEO
25 years experience in onsite, offsite
grinding operations
Oversees all DFW personnel and equipment
Periodic Job Walks
Number of years with firm: 4
Lora Hinchcliff, Municipal Solutions Mgr
Reports to CEO
Oversees Public Sector Contracts
Judd Treat, Arlingtpn Site Mgr.
Reports to GM
Equipment maintenance
Oversees onsite grinding operations and personnel
Periodic job walks and equipment inspections
Number of years with firm: 20
Onsite:
Machine Operator / Track Loader
Operator
Mobile Grinding Team has
combined 25 years with the firm
Maintains Contract Complaince &
Reporting
Periodic Job Walks
Number of years with firm: 20
Onsite:
Operator: Excavator
Mobile Grinding Team has
combined 25 years with firm
Onsite:
Operator: Excavator
Mobile Grinding Team as
combined 25 years with firm
City of Fort Worth - Environmental Services Department
♦ LIVING Organic Waste Processing Services Proposal RFP No. 24-0133
"F EARTH Submitted By: The LETCO Group LLC, dba Living Earth
MULCH - COMPOST • SOILS Submitted: March 14, 2024
Where SusWnability Begins'
SECTION 7: CONTRACTOR'S REPRESENTATIVES
Lora Hinchcliff, Municipal Solutions Manager and Hector Chairez, General Manager of
Living Earth DFW area will oversee the Company's operations under any Agreement
developed as a result of this RFP.
Ms. Hinchcliff will lead communications on behalf of Living Earth (Proposer) and the City
of Fort Worth. The frequency of in -person meetings will be determined and agreed upon
by the City and Living Earth should an agreement result from the RFP process. Ms.
Hinchcliff will oversee the month -end reporting and invoicing process for the City of Fort
Worth while also managing the communication between the City and Living Earth.
Mr. Chairez will oversee staffing, all equipment, and technical aspects of the processing
agreement. Both representatives will schedule, at a minimum, monthly staff meetings,
site visits and inspections of the facilities receiving materials from the City of Fort Worth
for processing as a result of this RFP.
City of Fort Worth - Environmental Services Department
♦ LIVING Organic Waste Processing Services Proposal RFP No. 24-0133
"F EARTH Submitted By: The LETCO Group LLC, dba Living Earth
MULCH - COMPOST • SOILS Submitted: March 14, 2024
Where SusWnabiliry Begins" -
SECTION 8: FINANCIAL STATEMENT
CONFIDENTIAL * CONFIDENTIAL * CONFIDENTIAL * CONFIDENTIAL
BCDI LANDRY MIDCO, INC.
Consolidated Balance Sheets
December 31, 2022 and 2021
Assets
Current Assets
Cash and Cash Equivalents
Trade Accounts Receivable, Net of Ailuwance
for Dcubtfu! Accounts of $369 and $285 at
December 31, 2022 and 2021, Respectively
Inventories, Net
Income Tax Receivable
Prepaid Expenses and Other Current Assets
Total Current Assets
Property and Equipment, Net
Right -of -Use Assets, Finance Leases
Right-af-Use Assets, Operating Leases
Gc)odv011, Net
Intangible Assets, Net
Total Assets
Detailed Audited Report Availabe Upon Request
2022 2021
(Dollars in Thousands)
$ 250 $ 481
6,012 5,902
16,749 14,28-1
- -I 82
1,232 -1,34-1
24,243 22,187
24,695 23,836
947 -
18, 058 -
17,125 20,561
10,350 '11,291
$ 95,418 $ 77,875
City of Fort Worth - Environmental Services Department
♦ LIVING Organic Waste Processing Services Proposal RFP No. 24-0133
® EARTH Submitted By: The LETCO Group LLC, dba Living Earth
MULCH - COMPOST • SOILS Submitted: March 14, 2024
Where Sustainability Begins
SECTION 9: FINANCIAL CAPACITY
The Proposer, Living Earth, has the financial capacity to purchase large equipment or
construct a new facility should the need arise.
SECTION 10: LITIGATION and PAYMENT& LIQUIDATED DAMAGES HISTORY
The Proposer, Living Earth, does not have any outstanding lawsuits, or current litigation
with the City during the last five (5) years nor any outstanding regulatory issues in the
last five (5) years involving Living Earth, its subcontractor(s), or any subsidiaries owned
by Living Earth. There are no liquidated damages or other damages to report.
SECTION 11: COMPLIANCE RECORDS
Nothing to report.
Attached separately per the City's Bonfire portal for RFP Organics Waste
Processing Services bid response:
Completed RFP-02 CIQ Form
Completed RFP-03 Exhibit A Forms 1-8
Completed Exhibit A Form 9 Price Proposal
Any Other Required Documents: Addendum 1 Acknowledgement
RFP 24-0133 Exemptions
SECTION 12: 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: Lora Hinchcliff
Title: Municipal Solutions Manager
Date: 3/14/2023
City of Fort Worth RFP 24-0133
Exhibit A: Forms Page 1 of 1
SECTION 13: 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
City of Fort Worth RFP 24-0133
Exhibit A: Forms Page 1 of 1
SECTION 14: 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 LETCO Group, LLC dba Livinq Earth
Signature of Company Officer: p.p. e-44,0 '-4 C 41 Z )
Manny Rodriguez
Company Officer Printed Name: Mannv Rodriquez
Title Chief Operating Officer
City of Fort Worth RFP 24-0133
Exhibit A: Forms Page 1 of 1
SECTION 15: 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.
Company Name: The LETCO Group, LLC dba Living Earth
Signature of Company Officer: D.D. 'vl J Kc�i,cl �J
anny h�o riguez
Company Officer Printed Name
Title Chief Operating Officer
City of Fort Worth RFP 24-0133
Exhibit A: Forms
Manny Rodriguez
Page 1 of 1
SECTION 16: FORM 7: EXCEPTIONS FORM
Proposer Name: The LETCO Group, LLC dba Living Earth
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:
OR
City of Fort Worth RFP 24-0133
Exhibit A: Forms
Proposed exceptions listed above
Llf No exceptions
Page 1 of 1
SECTION 17: FORM 8: PROPOSAL REPONSE FORM
Legal Name of Firm: The LETCO Group, LLC
D/B/A Name of Firm: Livinq Earth
City of Fort Worth Bidder/Supplier ID or Federal ID Number (TIN): 26-0888960
Address: 1901 California Crossinq Rd, Dallas, TX 75220-7005
Name of the Authorized Representative: Lora Hinchcliff
Title: Municipal Solutions Manaqer
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:
Date: 3/14/2024 Email: Ihinchcliff@letcogroup.com Phone: 214-673-3341
Contact Information
Name of Contact Person 1: Lora Hinchcliff
Title of Contact Person 1: Municipal Solutions Manaqer
Email: LHinchcliff(@Ietcogroup.com Phone: 214-673-3341
Name of Contact Person 2: Hector Chairez
Title of Contact Person 2: General Manaqer, Livinq Earth DFW
Email: HChairez@letcogroup.com Phone: 214-500-2774
City of Fort Worth RFP 24-0133
Exhibit A: Forms Page 1 of 2
FORM 8: PROPOSAL REPONSE FORM (continued)
Name of Contact Person 3: Manny Rodriguez
Title of Contact Person 3: Chief Operatinq Officer
Email: MRodriguez@letcogroup.com Phone: 972-506-8575
Please answer each question below:
Will the agreement be available for Cooperative Agreement use? (See Section 7.3)
Yes V No
Prompt Payment Discount Terms: Net 30 Percent 0% Days (i.e. 3% Net 15, etc.)
City of Fort Worth RFP No. 24-0133
Exhibit A: Forms Page 2 of 2
SECTION 18: FORM 9 PRICE PROPOSAL
**PRICING OMITTED FROM PROPOSAL PER BID INSTRUCTIONS"
Form 1.1: Unit Pricing for Brush and Yard Waste (Mandatory)
Form 9.1 is provided for Proposers to indicate baseline unit prices for receiving and processing Brush
and Yard Waste. If multiple Composting Facilities are proposed, the Proposer may submit separate
copies of Form 9.1 for each Composting Facility. Unit prices include all costs to receive and process
Brush and Yard Waste, Market Finished Products, and Dispose of Residue and Contamination.
Excludes additional cost of optional materials, which are entered on Form 9.2 and Form 9.3
Composting Facility Name:
Facility Location:
Cumulative Fiscal Year Unit Range' Baseline Unit'
Unit
(circle one)
Processing
Tons Vehicles Feet Tons Vehicles
0 tons — 5,000 tons 0 — 850 vehicles $ Per ton Per vehicle
5,000 tons — 10,000 tons 851 — 1,700 vehicles $ Per ton Per vehicle
10,000 tons — 15,000 tons 1,701 — 2,550 vehicles $ Per ton Per vehicle
15,000 tons — 20,000 tons 2,551 — 3,400 vehicles $ Per ton Per vehicle
Over 20,000 tons Over 3,400 vehicles $ Per ton Per vehicle
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.
Material Type
All Material Types (Brush, Yard Waste, and
optional additional materials if applicable)
Composting Facility Maximum
Fiscal Year Contract Tons/Loads
FORM 1: PRICE PROPOSAL
Form 1.2: Unit Pricing for Optional Additional Materials Excludina Biosolids (Optional)
Form 9.2 is provided for Proposers to provide unit prices for receiving and processing optional
materials in addition to Brush and Yard Waste but excludina biosolids. If multiple Composting
Facilities are proposed, the Proposer may submit separate copies of Form 9.2 for each Composting
Facility and each optional additional material type. Unit prices on this form include all costs that are
additional to the baseline Brush and Yard Waste Drocessina costs on Form 9.1 (if any) to receive and
process the specified optional additional material type, Market Finished Products, and Dispose of
Residue and Contamination.
Composting Facility Name:
Facility Location:
Additional Material Type
Cumulative Fiscal Year Unit Range' Additional Unit'
Unit
(circle one)
Processing
Tons Vehicles Feel Tons Vehicles
0 tons — 5,000 tons 0 — 850 vehicles $ Per ton Per vehicle
5,000 tons — 10,000 tons 851 — 1,700 vehicles $ Per ton Per vehicle
10,000 tons — 15,000 tons 1,701 — 2,550 vehicles $ Per ton Per vehicle
15,000 tons — 20,000 tons 2,551 — 3,400 vehicles $ Per ton Per vehicle
Over 20,000 tons Over 3,400 vehicles $ Per ton Per vehicle
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. Unit price includes additional cost for optional additional material type on this form only. If implemented by the
City, the unit price on this form is added to the baseline price for Brush and Yard Waste on Form 9.1. See
example in Section 8.2.
Composting Facility Maximum
Material Type Fiscal Year Contract
Tons/Loads
Material Type Specified on this Form Only
Form 1.3: Unit Price for Biosolids (Optional)
Form 9.3 is provided for Proposers to provide unit prices for receiving and processing biosolids. If
multiple Composting Facilities are proposed, the Proposer may submit separate copies of Form 9.2
for each Composting Facility that can receive biosolids. Unit prices on this form include the total cost
to receive and process biosolids and apply to biosolids only, which, if implemented by the City, will
only be delivered in dedicated loads. Unit price includes cost to receive biosolids, Market Finished
Products, and Dispose of Residue and Contamination.
Composting Facility Name:
Facility Location:
BIOSOLIDS ONLY
Cumulative Fiscal Year Unit Range' BiosolidsUnit
Processing
Tons Vehicles Feel
0 tons — 5,000 tons
0 — 850 vehicles $
5,000 tons — 10,000 tons
851 — 1,700 vehicles $
10,000 tons — 15,000 tons
1,701 — 2,550 vehicles $
15,000 tons — 20,000 tons
2,551 — 3,400 vehicles $
Over 20,000 tons
Over 3,400 vehicles $
1. Total Fiscal Year tons/loads
of biosolids onlv.
2. Unit price applies to biosolids
tons/load only.
Material Type
Biosolids Only
Unit4
(circle one)
Tons Vehicles
Per ton
Per vehicle
Per ton
Per vehicle
Per ton
Per vehicle
Per ton Per vehicle
Per ton Per vehicle
Composting Facility
Maximum Fiscal Year
Contract Tons/Loads
Form 1 A City Purchase Prices for Finished Products (Optional)
Composting Facility Name:
Facility Location:
Proposers may enter unit prices for City Purchases of Finished Products below. 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 $
no additional cost in accordance with Section 8.19)
EXHIBIT E
VERIFICATION OF SIGNATURE AUTHORITY
THE LETCO GROUP, LLC; DBA LIVING EARTH
1901 CALIFORNIA CROSSING RD
DALLAS, TEXAS 75220
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: Manny Rodriguez
Position: Chief Executive Officer
Manny Rodruez
M—g Rnnr� .— i.d n Im no-ei=1
Signature
Name: Lora Hinchcliff
Position: Director of Strategic Partnerships
Signature
3. Name:
Position:
Signature
Name:
Manny Rods' uez
M.—Rodriaua;_LLU 17 202 09-42 CDT)
Signature of President / CEO
Other Title:
Date: 7/17/2024
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 05/14/24 M&C FILE NUMBER: M&C 24-0406
LOG NAME: 22ORGANIC WASTE PROCESSING SERVICES
SUBJECT
(ALL) Authorize the Execution of a Service Agreement with Five -Year Term With The LETCO Group, LLC d/b/a Living Earth for Organic Waste
Processing Services in an Estimated Amount of $825,000.00 for the First Year for the Environmental Services Department (Continued from a
Previous Meeting)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of a service agreement with five-year term with The LETCO Group, LLC d/b/a
Living Earth for organic waste processing services in an estimated amount of $825,000.00 for the first year and authorize two, five-year renewal
options for the Environmental Services Department.
DISCUSSION:
The Environmental Services Department issued a Request for Proposal (RFP) to procure an agreement 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
specific material from the Southeast Landfill (SELF). These processing services are essential to preserving and protecting the long-term public
health and safety of the City's residents. The awarded vendor 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 clean brush and yard waste directly to the composting facility as long as the
material meets the quality standards of the current residential program.
In order to procure these services, the Environmental Services Department purchasing staff issued Request for Proposal (RFP) No. 24-0133. The
RFP consisted of detailed specifications describing the project background, vendor requirements, and other requirements to perform the services.
The RFP was advertised in the Fort Worth Star -Telegram on February 14, 2024, February 21, 2024, February 28, 2024, March 6, 2024, and
March 13, 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. After evaluations were concluded, the vendor with the highest score
was The LETCO Group, LLC d/b/a Living Earth (Living Earth). Staff reviewed the pricing and determined it to be fair and reasonable. After
evaluation, the panel concluded that The LETCO Group, LLC d/b/a Living Earth presents the best value and the necessary coverage for the City.
No guarantee was made that a specific amount of services would be purchased. Staff certifies that the recommended vendor proposal meets
specifications.
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 (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 The LETCO Group, LLC d/b/a Living Earth are impacted
annually by the cost adjustment, growth of the City, and organics contamination. Funding is budgeted in the General Oper & Maint category within
the Solid Waste Fund.
Contract Initial 5-Year Average Per
Years 1- Year 1 Year 2 Year 3 Year 4 Year 5 Contract Term Year
5
Annual 25,000 26,638 26,291 26,962 27,649 131,540 26,308
Tons
Average
Cost $33.00 $33.00 $34.65 $36.38 $38.20 $4,619,208.00 $923,842.00
Per Ton
BUSINESS EQUITY: A waiver of the goal for Business Equity subcontracting requirements was requested and approved by DVIN, in accordance
with the applicable 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 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 this agreement through the competitive process, as allowed, to ensure
the City receives a fair and equitable contract.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that upon approval of the recommendation, funds are available in the current operating budget, as previously
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.
Submitted for Citv Manaaer's Office bv: Valerie Washington 6199
Oriainatina Business Unit Head: Cody Whittenburg 5455
Additional Information Contact: Sarah Czechowicz 5164