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HomeMy WebLinkAbout309-24 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 309-24 File Number: 2024-0934 ECO-VISTA, LLC. (SERVICE CONTRACT): A RESOLUTION TO APPROVE AN AGREEMENT WITH ECO-VISTA, LLC FOR THE HAULING AND DISPOSAL OF SOLID WASTE IN THE CITY OF FAYETTEVILLE FOR A PERIOD OF 3 YEARS WITH AUTOMATIC RENEWALS FOR FOUR ADDITIONAL 3 YEAR TERMS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves an agreement with Eco-Vista, LLC, a copy of which is attached to this Resolution, for the hauling and disposal of solid waste in the City of Fayetteville for a period of 3 years with automatic renewals for four additional 3 year terms. PASSED and APPROVED on December 17, 2024 Page 1 Attest: ' FAYETTEV:LI.i_ �• • y • 1 ����i^;G TON •G�: � ``�� CONTRACT FOR WASTE TRANSFER AND DISPOSAL SERVICES This Contract for Waste Transfer and Disposal Services (the "Contract"), is made and entered into this December 17, 2024 by and between the City of Fayetteville, Arkansas, a municipal corporation, ("the City") and Eco-Vista, LLC ("Waste Management" or "Contractor") IN CONSIDERATION of mutual promises of the parties contained herein and other good and valuable consideration, the parties agree as follows: 1. DEFINITIONS: As used herein this Contract, the following terms shall have the following meanings: a. "Disposal Facility" - means the landfill known as the Eco-Vista Landfill, located at 2210 WM Drive, Springdale, AR 72762, which is which is utilized, owned, and operated by Contactor and permitted to receive Solid Waste, C&D and/or Special Waste by the applicable federal, state, and/or local agency, or another duly permitted landfill operated in compliance with the regulations stipulated by the applicable state agency and/or the U.S. Environmental Protection Agency. b. "Transfer Station" — means the Fayetteville Solid Waste Transfer Station, located at 1560 S. Happy Hollow Road, Fayetteville, Arkansas 72701, which is utilized, owned and operated by the City and permitted to receive Solid Waste, Yard Waste, C&D and/or Special Waste by the applicable federal, state, and/or local agency. C. "Solid Waste" — means all non -hazardous Garbage, Rubbish, and/or C&D that can legally be received at the Transfer Station and Disposal Facility. The term "Solid Waste" specifically excludes Unacceptable Waste. d. "Garbage" — means waste materials consisting of putrescible or 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, and all dead animals of less than ten pounds (10 lbs) in weight, except those slaughtered for human consumption. e. "Rubbish" -- means nonputrescible waste materials (excluding ashes), consisting of both combustible and noncombustible waste materials. Combustible rubbish includes paper, rags, cartons, wood, excelsior, furniture, rubber, plastics or similar materials; noncombustible rubbish includes glass, crockery, tin cans, aluminum cans, metal furniture, and similar materials that will not bum at ordinary incinerator temperatures (1,600 degrees Fahrenheit to 1,800 degrees Fahrenheit). f. "Medical Waste" means waste materials generated by healthcare related facilities and associated with health care activities, not including Garbage or Rubbish 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 in Ark. Code Ann. §20-32-101 (relating to Definitions). g. "Construction and Demolition Debris" or "C&D" — means materials resulting from construction, remodeling, repair, or demolition operations. Such materials include, but are not limited to, dirt, sand, rock, bricks, plaster, gypsum wallboard, aluminum, glass, asphalt material, plastic pipe, roofing material, carpeting, concrete, wood, masonry, trees, remnants of new construction materials, including paper, plastic, carpet scraps, wood scraps, scrap metal, building materials, and packaging. With the exception of soil, concrete and asphalt, Construction and Demolition Debris does not include Unacceptable Waste. h. "Special Waste" — means waste materials that require special handling and management due to the nature of the waste, including, but not limited to, the following: (i.) containerized waste (e.g. a drum, barrel, portable tank, box, pail, etc.), (ii,) waste transported in bulk tanker, (iii.) liquid waste, (iv.) sludge waste, (v.) waste from an industrial process, (vi.) waste from a pollution control process, (vii.) residue and debris from the cleanup of a spill or release of chemical(s), or (viii.) any other waste defined by applicable law, rule or regulation as "Special Waste." i. "Unacceptable Waste" - any waste or material that (i) the acceptance and handling of which by Contractor would cause a violation of any permit, condition, legal or regulatory requirement, (ii) can cause substantial damage to Contractor's equipment or facilities, (iii) presents a danger to the health or safety of the public or Contractor's employees, (iv) is or contains Hazardous Waste, industrial waste, liquid waste, Special Waste that has not been profiled and pre -approved by Contractor, untreated Medical Waste, dead animals weighing ten pounds (10 lbs.) or greater, (v) is or contains solid or dissolved material in domestic sewage, or solid or dissolved material in irrigation return flows, or industrial discharges subject to regulation by permit, or (vi) results from activities associated with the exploration, development, or production of oil or gas or geothermal resources, (vii) is or contains fuels, (viii) is or contains motor oil or paint, (ix) is or contains televisions, (x) is or contains batteries, (xi) is or contains florescent light bulbs, (xii) is or contains white goods (household appliances), (xiii) is or contains treated/de-characterized wastes, (xiv) is or contains any waste tires, (xivi) is or contains sludge, (xivii) is or contains waste or materials that may adversely affect the operations of the Disposal Facility or Transfer Station regardless if such waste or materials could be legally received, and/or (xiviii) is or contains other solid or liquid waste specifically prohibited for disposal at the Disposal Facility or Transfer Station by Arkansas Department of Environmental Quality (ADEQ) or any other regulatory agency having jurisdiction over such landfill, in accordance with applicable law. Title to and liability for Unacceptable Waste shall remain with the generator all times. Contractor has no obligation to accept, transport, process or dispose of any Unacceptable Waste. j. "Work" — means all labor, services, equipment, and material necessary for Contractor to complete the obligations and all other requirements included in this Contract. 2. TERM OF CONTRACT: The Contract is to take cffcct and continue and remain in full force and effect for a period of three (3) years, and such period shall commence on the later of January 1, 2025 or on the date the contract is approved by the Fayetteville City Council (the "Effective Date") and the Contract shall automatically terminate thirty-six (36) months after the Effective Date. The parties shall have the option to renew this Contract for a total of four (4) successive three (3) year terms upon mutual written agreement. The option to renew can be made effective by written notification from either party to the other party no later than ninety (90) days prior to the expiration of the then current contract term. Notwithstanding the foregoing, this Contract will be subject to the annual appropriation of sufficient funds for this Contract in the budget by the Fayetteville City Council. 3. CONTRACT DOCUMENTS: The parties agree that the following documents are incorporated into and are made a part of the Contract as if their terms and conditions were set forth herein: a. Appendix A: RFP 24-09, Waste Transfer and Disposal Services and its appendices that were issued by the City ("RFP") b. Appendix B: Fayetteville Fuel Surcharge Calculator c. Appendix C: Contractor's exceptions to certain provisions in response to the RFP In the event of any inconsistency or contradiction between the terms of this Contract and any of its Appendices or attachments, the order of precedence and controlling provisions shall be as follows: (1) this Contract; (2) Appendix C; (3) Appendix A; and (4) Appendix B. 4. CITY'S OBLIGATIONS: Obligations and services to be provided by Contractor under the terms of this Contract shall include the following: a. City hereby grants and the Contractor hereby accepts the sole and exclusive contract, license and privilege to dispose of all municipal, residential and commercial Solid Waste which is delivered to the Transfer Station. b. City shall own, operate and maintain the Transfer Station in accordance with all applicable laws and regulations. C. The Transfer Station shall be open for the performance of this Contract between the hours of 5:30 a.m. and 3:00 p.m., Monday through Friday and 5:30 a.m. and 11:00 a.m. on Saturday. d. City shall be responsible for loading the Solid Waste into Contractor's or its subcontractor's trailers. The obligation of City to load all Solid Waste into Contractor's or its subcontractor's trailers is an integral and material part of this Contract. City's obligation to provide loading services shall be a continuing obligation. In the event the City fails to meet the aforementioned loading obligations, which are not cured within thirty (30) days of receipt of a written notice from Contractor specifying the circumstances, then Contractor may terminate this Contract as of any date at least ten (10) days after the last day of the thirty (30) day cure period. C. City will be responsible for loading transport trailers with Solid Waste at payload weights no greater than that required to reach the gross vehicle weight limitation set by applicable law. However, in the interest of efficiency, the City is responsible for loading Solid Waste in such a way that a standard trailer with a capacity of 115 cubic yards will contain a minimum of 23 tons of Solid Waste. Any loads that do not meet the minimum weight will be subject the City to paying a surcharge as described in Section b below. f. City shall not load, send, or tender for delivery to Contractor any Unacceptable Waste. Contractor shall not accept title or any liability for Unacceptable Waste loaded onto Contractor's trucks at the Transfer Station. Title and responsibility for Unacceptable Waste shall remain with the generator of such material. Contractor and its subcontractor shall be obligated to monitor and observe the loading of Solid Waste at the Transfer Station, at its own cost and expense; however, City retains responsibility for excluding Unacceptable Waste from the material City loads into Contractor's trucks. g. If the City loads or causes Unacceptable Waste to be delivered to the Disposal Facility, the Contractor may in its sole discretion either remove, manage, handle, store, treat, and/or dispose of that Unacceptable Waste and charge the City for the costs, expenses, damages, Fines, and penalties arising out of such activities or require the City to promptly remove, manage, handle, or dispose of the Unacceptable Waste from the Disposal Facility at the City's sole cost. City shall pay or reimburse Contractor for any and all costs, damages and/or fines incurred as a result of or relating to the City's tender or delivery of Unacceptable Waste, including costs of inspection, testing, analysis, legal fees, professional consulting fees, or removal costs. 5. CONTRACTOR'S OBLIGATIONS: The obligations and services to be provided by Contractor under the terms of this Contract shall include the following: All municipal, residential and commercial Solid Waste received at the Fayetteville Transfer Station shall be transported to a permitted and approved Disposal Site. The parties agree that the Contractor shall primarily transport all Solid Waste from the Transfer Station to the Eco-Vista Landfill; however, Contractor is also permitted to transport the Solid Waste to the Ozark Ridge Landfill, located at 10140 Ozark Ridge Access Lane, Danville, AR 72833, as an alternate facility for disposal. b. Contractor shall have full, complete, and sole control and direction over all aspects of its business and operation as contemplated under this Contract. Contractor shall provide all equipment, personnel, vehicles, and management required to fulfill Contractor's obligations under this Contract. c. Contractor shall be responsible for securing necessary permits and approvals from relevant Federal, State, and local governmental agencies having jurisdiction over its disposal operations referenced herein; provided, however, City shall retain responsibility for obtaining all permits and approvals related to the operation of the Transfer Station, including without limitation, any activities related to the loading of the Solid Waste into Contractor's or its subcontractor's trucks. During the term hereof, Contractor shall receive and accept the City's Solid Waste from the Transfer Station and transport and dispose of such Waste at the Disposal Facility, all in compliance with applicable laws and regulations. This Contract excludes and Contractor has no obligations to accept Unacceptable Waste for transport or disposal. d. All Solid Waste shall be removed from the Transfer Station by the end of each day (Monday through Saturday), including all holidays except New Year's Day, Thanksgiving Day, and Christmas Day. The first transport truck shall be at the City's Transfer Station by 5:30 AM and the last truck leaves approximately between 2:00 PM — 3:00 PM (M-F) and by 1 f :00 AM on Saturdays. e. Transporting of all Solid Waste shall be contained, tied, or enclosed, so that leaking, spilling, or blowing of waste is prevented. f. Contractor shall provide detailed inventory of assets illustrating that there is an adequate number of vehicles, trailers, and backup equipment, maintained in good physical condition. Information on all proposed labor, supervisors, maintenance, fuel, and necessary supplies to ensure the daily systematic and satisfactory performance of all services specified in this scope of work shall also be provided. g. Contractor shall prepare any required reports to all government agencies for the Work hereunder this Contract, if applicable, and will provide copies of said reports to City. h. Contractor shall provide to the City documented proof of disposal for each load. Such documentation shall be provided to the City with each invoice. 6. FEES: Base Rate. The City agrees to pay Contractor the current rate of $52.22 ($14.67 for transportation and $38.55 for disposal) per ton (the "Base Rate") through December 31, 2025, for Contractor's receipt and handling of the City's Solid Waste from the Transfer Station and the transportation and disposal of such Solid Waste at the Disposal Facility. An additional fuel surcharge shall be added to the Base Rates based on the surcharge further defined below during the term of this Contract. b. CPI Increase. Beginning on January 1, 2026 and on each January 1 thereafter (including in any renewal or extension terms), the Base Rate shall be automatically adjusted by the annual percentage change in the average that the Consumer Price Index, US City Average for All Urban Consumers (current series), Water, Sewer, Trash Collection, Not Seasonally Adjusted, Series ID CUUROOOOSEHG ("CPI") (bttps:Hbeta.bls.gov/dataViewp,r-/vicw/timescries/CUUROOOOSEHG has increased over the 12 most recently published months compared to the average CPI for the preceding twelve-month period for which the data has been published. If the above CPI ceases to be published, the parties agree to substitute another equally authoritative measure of change in the purchasing power of the U.S. dollar as may be then available so as to carry out the intent of this provision. The CPI published on the first Monday prior to the end of the month (or the first business day thereafter if such Monday is a Federal Holiday) shall be used to determine the monthly change. The annual percentage change shall be calculated by subtracting the average CPI value for the previous 12-months from the average CPI value for the most recent 12- month period, the result of which shall be divided by the prior 12-month period average. An example of the CPI annual increase calculation follows: Index 202012- 202112-Month Change Applied Month Average Percentage Average Change CPI — Water, Sewer, Trash 252.46 261.47 9.01 3.6% {9.01/252.46) ii. Waste Management shall coordinate with the City in writing prior to any implementation of any CPI price adjustment. Such coordination shall include the amount of the price adjustment, documentation substantiating the CPI published numbers, and the date the adjusted price takes effect. The City and Waste Management shall mutually agree on any increase, including calculation accuracy on CPi or other equally authoritative measure as applicable, prior to any price adjustment. c. Surcharges. In addition to the Base Rate above, the City shall pay to Contractor the following surcharges if the applicable conditions are met: Quarterly True Up. The City shall pay a Quarterly True Up payment to Contractor if the City does not achieve a twenty-three (23) tons per load quarterly average. The City shall pay to Contractor the difference for any short falls at a rate of $14.67 per missed ton, as set forth per the following example below ("Quarterly True Up"). Quarterly True up Example: Fayetteville to ECO at 22 tpl Minimum TPL: 23 Rate Per Ton: $14.67 Quarterly Total Tons: 1000 Quarterly Total loads: 48 Quarterly Average TPL (Total Tons/Total Loads): 21.83 Missed Average TPL (Minimum TPL-Quarterly Average TPL): 1.17 Missed Tons (Quarterly Total Loads x Missed Average TPL): 56.16 WM Pays M81 For Minimum Charges (Missed Tons x Rate Per Ton): $823.87 i i. Fuel Surcharge. The City shall pay a fuel surcharge in addition to the Base Rates for transportation, disposal and the Quarterly True Up payment as follows ("Fuel Surcharge"): In the event that the price of fuel deviates from the threshold price per gallon, a mileage based fuel surcharge (or discount) shall be applied on a per haul basis. The surcharge will increase or decrease by one cent ($.01) per mile for every 5-cent increase or decrease in the price of diesel fuel above or below the threshold price of $3.50 per gallon, as determined by the corresponding per mile surcharge shown in the table attached as Appendix B. Calculations shall be made the first week of each month based upon the United States Energy Information Administration's (EIA) U.S. On -Highway Diesel Fuel Price Index for PADD 2 (Midwest) price as reported on their website at httpJ/www.eia.gov/petroicum/gasdiesel/ or phone no. (202) 586-6966, will be used as typically announced each Monday, or on Tuesday when Monday is a federal holiday. 7. SECURING FOR PERFORMANCE — BID SECURITY: The Contractor will be required to furnish a corporate surety bond as security for the performance of the Work under this Contract. Said surety bond shall be in the amount of twenty five percent (25%) of the previous year's total value of the Contract. The premium for the bond(s) described above shall be paid by the Contractor. A certificate from the surety showing that the bond premium(s) is/are paid in full shall accompany the bond. The surety on the bond shall be from corporate surety company duly authorized to do business in the State of Arkansas. Bonds must be written by an "A" rated bonding company. 8. QUANTITIES: The City makes no warranties as to the quantities of Solid Waste available for transfer and disposal. During the term of this Contract all of the municipal, residential and commercial waste delivered to the Transfer Station (except recyclable waste recycled as such) shall be transported and disposed according to these Contract terms. 9. DISPOSAL SITES: Contractor shall provide evidence satisfactory to the City that the Contractor shall at all times have a commitment for adequate landfill air space adequate to exceed the projected needs of the Solid Waste to be disposed of hereunder during the term of the Contract, but in any case, not less than 10 years. Disposal Site will be in compliance with the Resource Conservation and Recovery Act, Subtitle "D" and any applicable subtitles or state, and/or local agency regulations required of said site. Prior to any change by the Contractor of the Disposal Site, the Contractor shall provide documentation to the City of Fayetteville that such site meets specifications hereunder. 10. REPRESENTATIONS OF THE CITY OF FAYETTEVILLE: The City represents and warrants that the Transfer Station shall be properly and fully permitted as a Solid Waste transfer station by all applicable federal, state and local governmental authorities. 11. DEFAULT AND TERMINATION: Except as otherwise provided herein, if either party defaults in the performance of any of the covenants or conditions contained herein this Contract, and fails to cure such default within sixty (60) days after the non -defaulting party has given the defaulting party written notice of such default (or if such default is of a nature that it cannot be cured within such sixty (60) day period, the defaulting party fails to commence the curing of such default within such sixty (60) day period, and fails to thereafter diligently pursue the curing thereof) (the "Cure Period"), the non -defaulting party may: (a) terminate this Contract as of any date which the non -defaulting party may select; (b) cure the default at the expense of the defaulting party; and/or (c) have recourse to any other right or remedy to which it may be entitled by law, including, but not limited to, the right to all damages or losses suffered as a result of such termination. In the event either party waives default by the other party, such waiver shall not be construed or determined to be a continuing waiver of the same or any subsequent breach or default. 12. AUDIT; ACCESS TO RECORDS Contractor shall maintain books, records, documents and other evidence directly pertinent to performance on Work under this Contract in accordance with generally accepted accounting principles and practices. Contractor will provide information within 30 calendar days of the City's request. City of Fayetteville, the State or any of their authorized representatives shall have access to relevant books, records, documents and other evidence for the purpose of inspection, audit and copying during normal business hours and upon prior reasonable notice; provided, however, there shall be no right to audit Contractor's books, records, documents and other evidence to determine profits or general administrative and overhead expenses. Contractor will provide proper facilities for such access and inspection. b. Records hereunder shall be maintained and made available for a period of five (5) calendar years or as otherwise required under Ark. Code Ann. § 14-59-1 l4 and Ark. Code Ann. § 14-237- l 12. In addition, those records which relate to any dispute between the parties hereunder or any other claim or cause of action related to this Contract or performance hereunder, or to costs or items to which an audit exception has been taken, shall be maintained and made available until three years after the date of resolution of such appeal, litigation, claim or exception. Contractor will submit or assist with submission of any annual or other reports that may be required by any applicable law, rule, regulation, code, or ordinance of the City and any other county, state, or federal agency or entity associated with or otherwise implicated by this Contract. If any litigation, claim, negotiation, audit monitoring, inspection, or other action has been started before the expiration of the foregoing required record retention period, Contractor shall retain the records require hereunder until completion of the action and resolution of all issues which arise from it, or the end of the required period, whichever is later. 13. INDEMNIFICATION. Contractor agrees to defend and indemnify the City against damages, claims, costs, and lawsuits to the extent arising out of Contractor's negligent acts or omissions and willful misconduct, or its violation of any applicable law in providing the Work under this Contract, except that the City shall not be entitled to such indemnification from Contractor to the extent that the City's loss, expense, damage, charge or cost arises from a willful or negligent act or omission of the City, its officers, agents, subcontractors or employees. Upon obtaining knowledge of any matter giving rise to possible indemnification, the City shall notify the Contractor immediately. The Contractor shall have the right to defend or contest any such claim or demand in the name of the City. The City shall cooperate as the Contractor may reasonably request and shall make available to the Contractor or its representatives all records and other materials reasonably required in such defense. 14. ADMINISTRATIVE PROVISIONS: a. Non -Public Function. This is an agreement for the performance of specific services described herein. Under no circumstances or conditions shall the operation of the Disposal Facility or disposal of the Solid Waste by Contractor in accordance with this Contract be deemed a public function, nor has City acquired an interest, ownership, or otherwise in the real or personal property or improvements or fixtures used in providing the transportation services and/or the disposal services at the Disposal Facility by virtue of this Contract. b. Resolution by Court of Law; Non-bindinu Mediation. Claims, disputes, or other matters in question between the parties to this Contract arising out of or relating to this Contract or breach thereof shall be subject to and decided by a court of law. The parties can agree to non -binding mediation prior to litigation. c. Notices. i. Delivery. Except as otherwise provided herein, any notice or other communication between the parties hereby regarding the matters contemplated by the Contract may be sent by United States mail (first class, airmail, or express mail), commercial courier, or personal delivery, in each case delivered to the address set forth below for the recipient. ii. Receipt. Communications shall be deemed received, if by mail, on the later of receipt or the third calendar day after deposit in the mail with postage prepaid; if by courier, when delivered as evidenced by the courier's records; and if by personal delivery, upon receipt. If received on a day other than a business day, or on a business day but after 4:30 p.m., recipient's local time, the communication will be deemed received at 9:00 a.m. the next business day. iii. Addresses. 1. If to City: City of Fayetteville Solid Waste Director 113 West Mountain Street Fayetteville, AR 72701 2. If to Contractor: Eco-Vista, LLC Attn: Jamie Vernon, Public Sector Mgr. 88 Joyce Lane Russellville, AR 72801 With a copy to: Waste Management Attn: Sr. Legal Counsel for Mid -South 800 Capitol St, Suite 3000 Houston, TX 77002 d. Assignment. The provisions of this Contract shall inure to the benefit of and be binding upon the respective successors and assignees of the parties hereto. Assignment of this Contract or any of the rights and obligations of Contractor hereunder, in whole or in part, requires the prior written consent of the City. Whenever the consent or approval of a party is required under this Contract, such consent or approval will not be unreasonably withheld, conditioned, or delayed. e. Severability. If any tern, clause, or provision of this Contract or the application thereof to any person or circumstances shall, to any extent, be illegal, invalid, or unenforceable under present or future laws effective during the term of this Contract then it is the intention of the parties hereto that the remainder of this Contract, or the application of such term, clause, or provision to persons or circumstances other than those to which it is held illegal, invalid, or unenforceable, shall not be affected thereby; and it is also the intention of the parties hereto that, in lieu of each term, clause, or provision that is illegal, invalid, or unenforceable, there be added by a court of competent jurisdiction or otherwise as a part of this Contract a term, clause, or provision as similar in terms to illegal, invalid, or unenforceable term, clause, or provision as may be possible to effect the expressed intent of the parties and be legal, valid, and enforceable. f. Entire Agreement. The complete understanding between the parties is set out in this Contract, and this Contract supersedes and voids all prior and contemporaneous understandings, proposals, letters, agreements, or conditions expressed or implied, oral or written, except as herein contained. Any amendment, modification, waiver, or discharge of any requirement of this Contract will not be effective unless in writing signed by the parties hereto or by their authorized representatives. g. Rclatiou§hiR kjtwegn the parties. The relationship of the parties shall be that of an independent contractor. No principal -agent or employer -employee relationship is created by this Contract. The parties hereto shall hold itself out in a manner contrary to the terns of this paragraph. No party shall become liable for any representation, act, or omission of any other party contrary to the terms of this paragraph. h. Force Majeure. No party shall have any liability to the other hereunder by reason of any delay or failure to perform any obligation or covenant if the delay or failure to perform is occasioned by a Force Majeure event. For purposes of this Contract, "Force Majeure" shall mean any unforeseeable and unavoidable act of God, storm, fire, pandemic, epidemic, casualty, unforeseeable work stoppage or labor shortage, labor strike, lockout, labor dispute, equipment shortage or injunction, civil disturbance, riot, war, terrorism, national emergency, , act of public enemy, lack of; national defense requirements; imposition of government orders or changes in applicable local, state or federal laws, rules and regulations if it is not also the result of the willful misconduct or negligent action or inaction of the party relying thereon; or other cause of similar or dissimilar nature beyond its control. In the event Contractor is unable to transport City Solid Waste to the Disposal Facility because of a Force Majeure event, Contractor may, at its sole risk, store up to a maximum of five (5) loaded vehicles and/or trailers at the Transfer Station for a period not to exceed Federal, State, or local regulations. The storage shall remain in effect only until normal operating conditions are restored. Any time that City or Contractor intends to rely upon an event of Force Majeure to suspend obligations as provided in this section, the declaring party shall notify the other party to this Contract as soon as reasonably practicable, describing in reasonable detail the circumstances of the event of Force Majeure. Notice shall again be given when the effect of the event of Force Majeure has ceased. i. Headings. The headings in this Contract are for convenience and reference and are not intended to define or limit the scope of any provision of this Contract. j. Counterparts. This Contract may be executed in multiple counterpart copies and by facsimile or emailed signatures, each and all of which will be deemed an original. 15. FREEDOM OF INFORMATION ACT: City of Fayetteville contracts and documents prepared while performing City of Fayetteville contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the Contractor will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. § 25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for the compliance. 16. JURISDICTION AND VENUE: This Contract shall be interpreted and enforced pursuant to Arkansas law. Jurisdiction and venue shall be in Washington County, Arkansas or the United States District Court for the Western District of Arkansas. IN CONXJRACT with the provision set out above, we sign our names below on this the _17.12�-j day of 2024. ECO-VISTA, LLC CITY OF )FAYETTEVILLE, By: -2"K--- I - - - Printed Name and Title CITY OF FAYETTEVILLE ARKANSAS MEETING OF DECEMBER 17, 2024 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff FROM: Peter Nierengarten, Environmental Director SUBJECT: Waste Transfer and Disposal Services RECOMMENDATION: CITY COUNCIL MEMO 2024-0934 Staff recommends the approval of a 3-year contract with EcoVista, LLC for hauling and disposal of municipal solid waste. BACKGROUND: The City of Fayetteville Recycling and Trash Collections Division collects all residential and commercial trash for City of Fayetteville residents and businesses and delivers that trash to the City's Transfer Station at 1560 S. Happy Hollow Rd. Additionally, private waste haulers as well as city and county residents pay to disposal of trash at the City's Transfer Station. Since 2009, the City has had a contract with Waste Management for the hauling and disposal of all trash at the City's Transfer Station to the EcoVista Landfill in Tontitown. That contract expires on December 31, 2024. DISCUSSION: In May 2024, the City issued RFP 24-09 for Waste Transfer and Disposal Service from the City's Transfer Station to a properly permitted disposal location. Two responses were received in June and a selection committee chose EcoVista, LLC (formerly Waste Management) as the most qualified bidder. The contract requires that all solid waste delivered to the City's Transfer Station be removed and disposed of by EcoVista, LLC by the end of each day. All loads will be covered and contained to prevent leakage and blowing of waste and shall be disposed into a permitted disposal site. The base rate for hauling and disposal of waste will be $52.22 per ton. Additionally, the contract contains terms to adjust that base rate monthly according to the wholesale cost of diesel fuel, quarterly based on the average weight of trailers leaving the City transfer Station and annually based on the Consumer Price Index (CPI). The new contract term is for three years with options for four successive three-year renewals. BUDGET/STAFF IMPACT: Funds for hauling and disposal services are budgeted in the Recycling and Trash Collections Fund. ATTACHMENTS: SRF (#3), Eco-Vista, LLC. Contract (OLD VERSION) (#4), RFP 24-09, Submittal - Waste Management of Arkansas Inc. (#5), Secretary of State - EcoVista - Waste Management (#6), Appendix A - RFP 24-09 (#7), Appendix B - Waste Management Contract - Fayetteville Fuel surcharge Calculator (#8), Appendix C - Waste Management Exceptions to RFP (#9), Eco-Vista, LLC. Replacement Contract (#10) Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 _= City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2024-0934 Waste Transfer and Disposal Services A RESOLUTION TO APPROVE AN AGREEMENT WITH ECO-VISTA, LLC FOR THE HAULING AND DISPOSAL OF SOLID WASTE IN THE CITY OF FAYETTEVILLE FOR A PERIOD OF 3 YEARS WITH AUTOMATIC RENEWALS FOR FOUR ADDITIONAL 3 YEAR TERMS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves an agreement with Eco-Vista, LLC, a copy of which is attached to this Resolution, for the hauling and disposal of solid waste in the City of Fayetteville for a period of 3 years with automatic renewals for four additional 3 year terms. Page 1 City of Fayetteville Staff Review Form 2024-934 Item ID 12/17/2024 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Peter Nierengarten 11/27/2024 RECYCLING/TRASH COLLECTION (750) Submitted By Submitted Date Division / Department Action Recommendation: Staff recommends the approval of a 3-year contract with EcoVista, LLC for hauling and disposal of municipal solid waste. 5500.750.XXXX-5316.00 Account Number Project Number Budgeted Item? Yes Does item have a direct cost? No Is a Budget Adjustment attached? No Budget Impact: Recycling and Trash Collections Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Fund Project Title $ 3,495,403.00 3,495,403 000 3,495,403.00 V20221130 Purchase Order Number: Previous Ordinance or Resolution # 229-19 Change Order Number: Original Contract Number: Approval Date: Comments: Total Amended Budget amount is the proposed 2025 budgeted amount. The Item Cost amount is left blank due to the fact that the amount will vary depending on tonnage. Witness: By: Company Secretary Printed Name and Title My Commission Expires March 21, 2026 fill," STATE XT OF Pu" AMSON .' ,•'Of I I I10"* Attest: By: Kara Paxton, Cify C ` 1111 ffl/l/j RF i G1I Y p� •qSG r FAYET'TEVlt.LL: ;gam . ti Jam. CITY OF WA FAYETTEVILLE ARKANSAS RFP 24-09 Addendum 2 Waste Management of Arkansas Inc Supplier Response Event Information Number: RFP 24-09 Addendum 2 Title: Waste Transfer and Disposal Services Type: Request for Proposal Issue Date: 5/12/2024 Deadline: 6/11/2024 02:00 PM (CT) Notes: The City of Fayetteville, Arkansas, is now accepting proposals from properly licensed professionals for the daily transport and disposal of all solid waste received at the Fayetteville Solid Waste Transfer Station. Any questions regarding this solicitation process shall be directed to Amanda Beilfuss, City of Fayetteville Sr. Purchasing Agent at abeilfuss(a)fayetteville-ar.gov or (479) 575-8220. Contact Information Contact: Amanda Beilfuss Address: Purchasing Room 306 City Hall 113 West Mountain Street - Room 306 Fayetteville, AR 72701 Email: abeilfuss@fayetteville-ar.gov Page 1 of 2 pages Vendor: Waste Management of Arkansas Inc RFP 24-09 Addendum 2 Waste Management of Arkansas Inc Information Address: 1041 Arbor Acres Ave Springdale, AR 72762 Phone: (479) 213-3650 Email: jvernon@wm.com By submitting your response, you certify that you are authorized to represent and bind your company. Jamie Vernon Signature Submitted at 611112024 09:01:31 AM (CT) Requested Attachments RFP 24-09, Waste Transfer and Disposal Services jvernon@wm.com Email Fayetteville AR RFP 24-09 Waste Transfer and Disposal Services Response 06112024.pdf Please attach the signed and completed RFP form, located in the 'Attachments' tab, along with proposal. Bid Attributes 1 Addendum Acknowledgement By selecting "I agree", you acknowledge that you have read all addendum(s) that have been issued for this solicitation, if applicable. 1Z I agree Page 2 of 2 pages Vendor: Waste Management of Arkansas Inc RFP 24-09 Addendum 2 RFP: 24-09 Proposal for Waste Transfer and Disposal Services City of Fayetteville Arkansas Response Deadline 6/11/2024 2PM Address: Purchasing Room 306 City Hall 113 West Mountain Street - Room 306 Fayetteville, AR 72701 Submitted by Waste Management of Arkansas, Inc. 88 Joyce Lane Russellville, AR 72801 Jamie Vernon Public Sector Manager - Arkansas 0vernon@wm.com T: 479.213.3650 88 Joyce Ln Russellville AR 72802 RFP: 24-09 Proposal for Waste Transfer and Disposal Services City of Fayetteville Arkansas Address: Purchasing Room 306 City Hall 113 West Mountain Street - Room 306 Fayetteville, AR 72701 Dear Mayor and Council Members: The team at WM of Arkansas and Mr. Built Inc. is pleased to present the attached proposal for providing Transfer and Disposal services to the City of Fayetteville. Our bid is subject to finalizing a contract with mutually acceptable terms. Our customers are not just clients but also our neighbors, colleagues, family, and friends. The schools, businesses, hospitals, police departments, governments, and civic organizations we serve are essential parts of our community. As a result, we are committed to contributing to the improvement of these communities. In recent years, WM Landfills have improved on -site operations and simplified processes to ensure the safe transportation and disposal of non -hazardous municipal solid waste for the residents of Fayetteville. The WM Eco Vista landfill is fully compliant with environmental regulations and has not received any notice of violations from state, federal, or local agencies in the past decade. WM takes pride in offering local control with national resources, enabling us to make decisions at the local level, catering to the specific needs of each community, addressing local environmental concerns, and upholding corporate citizenship. By creating local jobs and supporting local charities, schools, and service organizations, we contribute to the local economy. We have supported the city through challenging times, whether stemming from economic, environmental, or governmental regulations, and we are committed to providing the same seamless waste disposal and transportation services to the city in the future. WM has not only achieved national recognition but has also set the industry standard in safety, environmental responsibility, and service performance, surpassing all competitors. We are eager to continue serving the city of Fayetteville and working towards a more sustainable future, leveraging our proven track record to inspire confidence and trust in our services. Respectfully, Jamie Vernon Public Sector Manager - Arkansas jvernon@wm.com 1 CITY OF FAYETTEVILLE ARKANSAS TDD (TelecommL City of Fayetteville, Arkansas Purchasing Division — Room 306 113 W. Mountain TDD (Telecohj�otion Device for the Deaf): 479.521.1316 Request for Proposal: RFP 24-09, Waste Transfer and Disposal Services DEADLINE: Thursday, June 6, 2024 before 2:00 PM, local time PRE -PROPOSAL CONFERENCE: Wednesday, May 22, 2024 at 3:00 PM, in person at the RTC Division, 1560 S. Happy Hollow Rd., Fayetteville, AR 72701 DATE OF ISSUE AND ADVERTISEMENT:OS/12/2024 REQUEST FOR PROPOSAL RFP 24-09, Waste Transfer and Disposal Services No late proposals shall be accepted. RFP's shall be submitted through the City's third - party electronic bidding platform or by submitting a sealed physical proposal to the City of Fayetteville, Purchasing Division at the below location. City of Fayetteville Purchasing Division — Room 306 113 West Mountain Street Fayetteville, AR 72701 All proposals shall be submitted in accordance with the attached City of Fayetteville specifications and documents attached hereto. Each Proposer is required to fill in every blank and shall supply all information requested; failure to do so may be used as basis of rejection. The undersigned hereby offers to furnish & deliver the articles or services as specified, at the prices & terms stated herein, and in strict accordance with the specifications and general conditions of bidding, all of which are made a part of this offer. This offer is not subject to withdrawal unless upon mutual written agreement by the Proposer/Bidder and City Purchasing Director. City of Fayetteville, AR RFP 24-09, Waste Transfer and Disposal Services 2 City of Fayetteville RFP 24-09, Waste Transfer and Disposal Services Advertisement City of Fayetteville, AR Request for Proposal RFP 24-09, Waste Transfer and Disposal Services The City of Fayetteville, Arkansas, is now accepting proposals from properly licensed professionals for the daily transport and disposal of all solid waste received at the Fayetteville Solid Waste Transfer Station. Any questions regarding this RFP shall be directed to Amanda Beilfuss, City of Fayetteville Sr. Purchasing Agent at abeilfuss@fayetteville-ar.gov or (479) 575-8220. Solicitation documents and addenda shall be obtained at the City of Fayetteville Purchasing Division's electronic bidding platform at www.faVetteville-ar.gov/bids. All proposals shall be received by Thursday, June 6, 2024 before 2:00 PM, Local Time utilizing the electronic bidding software or by submitting a sealed physical proposal to the City of Fayetteville, Purchasing Division. All proposals are due before the time stated. No late proposals shall be accepted. Submitting electronically is strongly encouraged. The City of Fayetteville shall not be responsible for lost or misdirected proposals, or for failure of proposer's technical equipment. A non -mandatory pre -proposal conference will be held Wednesday, May 22, 2024 at 3:00 PM in the Conference Room at the Recycling Trash Division, 1560 S. Happy Hollow Rd., Fayetteville, AR 72701. Information regarding the pre -proposal conference is available on the project page on the City's electronic bidding platform. All interested parties are strongly encouraged to attend. A one hundred percent (100%) performance bond is required with the contract award. All interested parties shall be qualified to do business and licensed in accordance with all applicable laws of the state and local governments where the project is located. Proposers shall have a current, valid registration with the Arkansas Secretary of State at time of RFP deadline OR be able to provide proof of registration before recommendation of award to Fayetteville City Council. The City of Fayetteville reserves the right to reject any or all Proposals and to waive irregularities therein, and all parties agree that such rejection shall be without liability on the part of the City of Fayetteville for any damage or claim brought by any interested party because of such rejections, nor shall any interested party seek any recourse of any kind against the City of Fayetteville because of such rejections. The filing of any Statement in response to this invitation shall constitute an agreement of the interested party to these conditions. City of Fayetteville By: Amanda Beilfuss, Sr. Purchasing Agent P: 479.575.8220 abeilfuss@fayetteville-ar.gov TDD (Telecommunications Device for the Deaf): (479) 521- 1316 Date of advertisement: 05/12/2024 This publication was paid for by the Purchasing Division of the City of Fayetteville, Arkansas. Amount paid: $204.10 3 City of Fayetteville RFP 24-09, Waste Transfer and Disposal Services SECTION A: General Terms & Conditions 1. SUBMISSION OF A PROPOSAL SHALL INCLUDE: Each proposal shall contain the following at a minimum. Proposer must also address detailed requirements as specified in the Scope of Work. a. A written narrative describing the method or manner in which the Proposer proposes to satisfy requirements of this RFP in the most cost-effective manner. The term Proposer shall be in reference to a firm or individual responding to this solicitation. b. A description of the Proposer's experience in providing the same or similar services as outlined in the RFP. This description should include the names of the person(s) who will provide the services, their qualifications, and the years of experience in performing this type of work. Also, include the reference information requested in this RFP. c. The complete fee and cost to the City for all services outlined in this RFP. d. Statement should be no more than twenty-five (25) pages; single sided, standard, readable, print on standard 8.5x11 documents. Proposers shall also submit three (3) page (maximum) executive summary. The following items will not count toward the twenty -five -page limitation: appendix, cover sheet, 3-page executive summary, resumes (resumes shall be no more than 1 page per person), and forms provided by the City for completion. Submitting and responding to this RFP: Proposals shall be prepared simply and economically, providing a straightforward, concise description of its ability to meet the requirements for the project. Fancy bindings, colored displays, and promotional material are not required. Emphasis should be on completeness and clarity of content. All documents physically submitted should be typewritten on standard 8 %" x 11" white papers and bound in one volume. Exceptions would be schematics, exhibits, one -page resumes, and City required forms. Limit proposal to twenty-five (25) pages or less, excluding one -page team resumes, references, and forms required by the City for completion. All proposals shall be sealed upon delivery to the City of Fayetteville. 1. Option 1 —Electronic Submittal (strongly encouraged): Proposers can go to www.fayetteville- ar.gov/bids and follow the prompts to submit a proposal within the electronic bidding platform. If a proposal is submitted electronically, a physical submission is not necessary. All Proposers must register in order to be able to submit. There is no fee for registration. Option 2 — Physical Submittal: All Proposers shall submit one (1) original copy of their proposal as well as one (1) electronic copy on a properly labeled USB or other electronic media device. The electronic copy submitted shall be contained into one single electronic file and shall be identical to the hard copies provided. The use of Adobe PDF documents is strongly recommended. Files contained on an USB or electronic media shall not be restricted against saving or printing. Electronic copies shall not be submitted via e-mail to Cityemployees bythe Proposer and shall be provided to the City in a sealed manner. FeclEx, UPS, USPS, or other packages should be clearly marked with the RFP numberon the outside of the mailingpackage. Proposals will be reviewed following the stated deadline, as shown on the cover sheet of this document. Only the names of Proposer's will be available after the deadline until a contract has been awarded by the Fayetteville City Council. All interested parties understand proposal documents will not be available until after a valid contract has been executed. f. Proposers shall submit a proposal based on documentation published by the Fayetteville Purchasing Division. 4 g. Proposals must follow the format of the RFP. Proposers should structure their responses to follow the sequence of the RFP. h. Proposers shall have experience in work of the same or similar nature and must provide references that will satisfy the City of Fayetteville. Proposer shall furnish a reference list of clients for whom they have performed similar services and must provide information as requested in this document. i. Proposer is advised that exceptions to any of the terms contained in this RFP or the attached service agreement must be identified in its response to the RFP. Failure to do so may lead the City to declare any such term non-negotiable. Proposer's desireto take exception to a non-negotiable term will not disqualify it from consideration for award. j. Local time shall be defined as the time in Fayetteville, Arkansas on the due date of the deadline. Documents shall be received before the deadline time as shown by the atomic clock located in the Purchasing Division Office or electronic clock located in the City's third -party bidding software. 2. WRITTEN REQUESTS FOR INTERPRETATIONS OR CLARIFICATION: No oral interpretations will be made to any firms as to the meaning of specifications or any other contract documents. All questions pertaining to the terms and conditions or scope of work of this proposal must be sent in writing via e-mail to the Purchasing Department. Responses to questions may be handled as an addendum if the responsewould provide clarification to the requirements of the proposal. All such addenda shall become part of the contract documents. The City will not be responsible for any other explanation or interpretation of the proposed RFP made or given prior to the award of the contract. DESCRIPTION OF SUPPLIES AND SERVICES: Any manufacturer's names, trade name, brand name, catalog number, etc. used in specifications are for the purpose of describing and establishing general quality levels. Such references are NOT intended to be restrictive. Proposals shall be considered for all brands that meet the quality of the specifications listed for any items. 4. RIGHTS OF CITY OF FAYETTEVILLE IN REQUEST FOR PROPOSAL PROCESS: In addition to all other rights of the City of Fayetteville, understate law, the City specifically reserves the right to the following: a. The City of Fayetteville reserves the right to rank firms and negotiate with the highest-ranking firm. Negotiation with an individual Proposer does not require negotiation with others. b. The City of Fayetteville reserves the right to select the proposal it believes will serve the best interest of the City. c. The City of Fayetteville reserves the right to accept or reject any or all proposals. d. The City of Fayetteville reserves the right to cancel the entire request for proposal. e. The City of Fayetteville reserves the right to remedy or waive technical or immaterial errors in the request for proposal or in proposals submitted. f. The City of Fayetteville reserves the right to request any necessary clarifications, additional information or proposal data without changing the terms of the proposal. g. The City of Fayetteville reserves the right to make selection of the Proposer to perform the services required on the basis of the original proposals without negotiation. h. The City reserves the right to ask for a best and final offer from one or more Proposers. The best and final offer process is not guaranteed; therefore, Proposers shall submit and respond to this RFP on the most favorable terms available. 5. EVALUATION CRITERIA: The evaluation criterion defines the factors that will be used by the selection committee to evaluate and score responsive, responsible and qualified proposals. Proposers shall include sufficient information to allow the selection committee to thoroughly evaluate and score proposals. Each proposal submitted shall be evaluated and ranked by a selection committee. The contract will be awarded to the most qualified Proposer, per the evaluation criteria listed in this RFP. Proposers are not guaranteed to be ranked. 6. COSTS INCURRED BY PROPOSERS: All expenses involved with the preparation and submission of proposals to the City, or any work performed in connection therewith, shall be borne solely by the Proposer(s). No payment will be made for any responses received, or for any other effort required of, or made by, the Proposer(s) prior to contract commencement. ORAL PRESENTATION: An oral presentation and/or interview may be requested of any firm, at the selection committee's discretion. 8. CONFLICT OF INTEREST: a. The Proposer represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance or services required hereunder, as provided in City of Fayetteville Code Section 34.26 titled "Limited Authority of City Employee to Provide Services to the City". b. The Proposer shall promptly notify Amanda Beilfuss, City Sr. Purchasing Agent, in writing, of all potential conflicts of interest for any prospective business association, interest, or other circumstance which may influence or appear to influence the Proposer's judgment or quality of services being provided. Such written notification shall identify the prospective business association, interest or circumstance, the nature of which the Proposer may undertake and request an opinion to the City as to whether the association, interest or circumstance would, in the opinion of the City, constitute a conflict of interest if entered into by the Proposer. The City agreesto communicate with the Proposer its opinion via e-mail or first- class mail within thirty days of receipt of notification. WITHDRAWAL OF PROPOSAL: A proposal may be withdrawn prior to the time set for the proposal submittal based on a written request from an authorized representative of the firm; however, a proposal shall not be withdrawn after the time set for the proposal. 10. LATE PROPOSAL OR MODIFICATIONS: a. Proposal and modifications received after the time set for the proposal submittal shall not be considered. Modifications in writing received prior to the deadline will be accepted. The City will not be responsible for misdirected bids. Proposers refer to their submission status in the online bidding portal or call the Purchasing Division at (479) 575- 8220 to ensure receipt of their submittal documents prior to opening time and date listed. b. The time set for the deadline shall be local time for Fayetteville, AR on the date listed. All proposals shall be received in the Purchasing Division BEFORE the deadline stated. The official clock to determine local time shall be the atomic clock located in the Purchasing Division, Room 306 of City Hall, 113 W. Mountain, Fayetteville, AR. 11. CONSTITUTIONAL. STATE. AND FEDERAL COMPLIANCE REQUIREMENTS: The laws of the State of Arkansas apply to any purchase made under this request for proposal. Proposers shall comply with all constitutional, state, and federal directives, orders and laws as applicable to this proposal and subsequent contract(s) including but not limited to Equal Employment Opportunity (EEO), Disadvantaged Business Enterprises (DBE), & OSHA as applicable to this contract. 12. PROVISION FOR OTHER AGENCIES: Unless otherwise stipulated by the Proposer, the Proposer agrees to make available to all Government agencies, departments, municipalities, and counties, the proposal prices submitted in accordance with said proposal terms and conditions therein, should any said governmental entity desire to buy underthis proposal. Eligible users shall mean all state of Arkansas agencies, the legislative and judicial branches, political subdivisions (counties, local district school boards, community colleges, municipalities, counties, or other public agencies or authorities), which may desire to purchase underthe terms and conditions of the contract. 13. COLLUSION: The Proposer, by affixing his or her signature to this proposal, agrees to the following: "Proposer certifies that their proposal is made without previous understanding, agreement, or connection with any person, firm or corporation making a proposal for the same item(s) and/or services and is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action." 14. RIGHT TO AUDIT. FOIA. AND JURISDICITON: a. The City of Fayetteville reserves the privilege of auditing a Contractor's records as such records relate to purchases between the City and said Contractor. b. Freedom of Information Act: City contracts and documents prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented tothe Cityof Fayetteville, the (contractor) will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19- 101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. c. Legal jurisdiction to resolve any disputes shall be Arkansas with Arkansas law applying to the case. 15. CITY INDEMNIFICATION: The successful Proposer(s) agrees to indemnify the City and hold it harmless from and against all claims, liability, loss, damage or expense, including but not limited to counsel fees, arising from or by reason of any actual or claimed trademark, patent or copyright infringement or litigation based thereon, with respect to the services or any part thereof covered by this order, and such obligation shall survive acceptance of the services and payment thereof by the City. 16. VARIANCE FROM STANDARD TERMS & CONDITIONS: All standard terms and conditions stated in this request for proposal apply to this contract except as specifically stated in the subsequent sections of this document, which take precedence, and should be fully understood by Proposers prior to submitting a proposal on this requirement. 17. ADA REQUIREMENT FOR PUBLIC NOTICES & TRANSLATION: Persons with disabilities requiring reasonable accommodation to participate in this proceeding/event, should call 479.521.1316 (telecommunications device for the deaf), no later than seven days prior to the deadline. Persons needing translation of this document shall contact the City of Fayetteville, Purchasing Division, immediately. 18. CERTIFICATE OF INSURANCE: The successful bidder shall provide a Certificate of Insurance in accordance with the following guidelines, prior to commencement of any work: $1,000,000 Commercial Liability, Statutory Worker's Compensation, and General Automotive, if applicable. SUCH CERTIFICATE SHALL LIST THE CITY OF FAYETTEVILLE AS AN ADDITIONAL INSURED. LISTING THE CITY OF FAYETTEVILLE AS A CERTIFICATE HOLDER ONLY IS NOT AN ACCEPTABLE SUBSTITUTE. CERTIFICATE OF INSURANCE MUST INCLUDE THE ENDORSEMENT SHOWING THE CITY OF FAYETTEVILLE LISTED AS AN ADDITIONAL INSURED. Insurance shall remain valid, when applicable, throughout project completion. 19. PAYMENTS AND INVOICING: The Proposer must specify in their proposal the exact company name and address which must be the same as invoices submitted for payment as a result of award of this RFP. Further, the successful Proposer is responsible for immediately notifying the Purchasing Division of any company name change, which would cause invoicing to change from the name used at the time of the original RFP. Payment will be made within thirty days of invoice received. The City of Fayetteville is very credit worthy and will not pay any interest or penalty for untimely payments. Payments can be processed through Proposer's acceptance of Visa at no additional costs to the City for expedited payment processing. The City will not agree to allow any increase in hourly rates by the contract without PRIOR Fayetteville City Council approval. 20. CANCELLATION: a. The City reserves the right to cancel this contract without cause by giving thirty (30) days prior notice to the Contractor in writing of the intention to cancel or with cause if at any time the Contractorfails to fulfill or abide by any of the terms or conditions specified. b. Failure of the contractor to comply with any of the provisions of the contract shall be considered a material breach of contract and shall be cause for immediate termination of the contract at the discretion of the City of Fayetteville. c. In addition to all other legal remedies available to the City of Fayetteville, the City reserves the right to cancel and obtain from another source, any items and/or services which have not been delivered within the period of time from the date of order as determined by the City of Fayetteville. d. In the event sufficient budgeted funds are not available for a new fiscal period, the City shall notify the Contractor of such occurrence and contract shall terminate of the last day of the current fiscal period without penalty or expense to the City. 21. ASSIGNMENT, SUBCONTRACTING, CORPORATE ACQUISITIONS AND/OR MERGERS: a. The Contractor shall perform this contract. No assignment of subcontracting shall be allowed without prior written consent of the City. If a Proposer intends to subcontract a portion of this work, the Proposer shall disclose such intent in the proposal submitted as a result of this RFP. b. In the event of a corporate acquisition and/or merger, the Contractor shall provide written notice to the City within thirty (30) calendar days of Contractor's notice of such action or upon the occurrence of said action, whichever occurs first. 22. NON-EXCLUSIVE CONTRACT: Award of this RFP shall impose no obligation on the City to utilize the Contractor for all work of this type, which may develop during the contract period. This is not an exclusive contract. The City specifically reserves the right to concurrently contract with other companies for similar work if it deems such an action to be in the City's best interest. In the case of multiple - phase contracts, this provision shall apply separately to each item. 23. LOBBYING: Lobbying of selection committee members, City of Fayetteville employees, or elected officials regarding request for proposals, request for qualifications, bids or contracts, during the pendency of bid protest, by the bidder/proposer/protestor or any member of the bid der's/propose r's/protector's staff, and agent of the bidder/proposer/protestor, or any person employed by any legal entity affiliated with or representing an organization that is respondingto the request for proposal, request for qualification, bid or contract, or has a pending bid protest is strictly prohibited either upon advertisement or on a date established by the City of Fayetteville and shall be prohibited until either an award is final or the protest is finally resolved by the City of Fayetteville; provided, however, nothing herein shall prohibit a prospective/bidder/proposer from contacting the Purchasing Division to address situations such as clarification and/or questions related to the procurement process. For purposes of this provision lobbying activities shall include but not be limited to, influencing or attempting to influence action or non -action in connection with any request for proposal, request for qualification, bid or contract through direct or indirect oral or written communication or an attemptto obtain goodwill of persons and/or entities specified in this provision. Such actions may cause any request for proposal, request for qualification, bid or contract to be rejected. 24. ADDITIONAL REQUIREMENTS: The City reserves the right to request additional services relating to this RFP from the Proposer. When approved by the City as an amendment to the contract and authorized in writing prior to work, the Contractor shall provide such additional requirements as may become necessary. 25. SERVICES AGREEMENT: A written agreement, in substantially the form attached, incorporating the RFP and the successful proposal will be prepared by the City, signed by the successful Proposer and presented to the City of Fayetteville for approval and signature of the Mayor. 26. INTEGRITY OF REQUEST FOR PROPOSAL (RFP) DOCUMENTS: Proposers shall use the original RFP form(s) provided by the Purchasing Division and enter information only in the spaces where a response is requested. Proposers may use an attachment as an addendum to the RFP form(s) if sufficient space is not available on the original form for the Proposer to enter a complete response. Any modifications or alterations to the original RFP documents by the Proposer, whether intentional or otherwise, will constitute grounds for rejection of such RFP response. Any such modifications or alterations a Proposer wishes to propose shall be clearly stated in the Proposer's RFP response and presented in the form of an addendum to the original RFP documents. 27. OTHER GENERAL CONDITIONS: a. Proposers must provide the City with their proposals signed by an employee having legal authority to submit proposals on behalf of the Proposer. The entire cost of preparing and providing responses shall be borne by the Proposer. b. The City reserves the right to request any additional information it deems necessary from any or all Proposers after the submission deadline. c. This solicitation is not to be construed as an offer, a contract, or a commitment of any kind; nor does it commit the City to pay for any costs incurred by Proposer in preparation. It shall be clearly understood that any costs incurred by the Proposer in responding to this request for proposal is at the Proposer's own risk and expense as a cost of doing business. The City of Fayetteville shall not be liable for reimbursement to the Proposer for any expense so incurred, regardless of whether or not the proposal is accepted. d. If products, components, or services other than those described in this bid document are proposed, the Proposer must include complete descriptive literature for each. All requests for additional information must be received within five working days following the request. e. Any uncertainties shall be brought to the attention to Amanda Beilfuss immediately via telephone (479.575.8220) or e-mail (abeilfuss@fayetteville-ar.gov). It is the intent and goal of the City of Fayetteville Purchasing Division to provide documents providing a clear and accurate understanding of the scope of work to be completed and/or goods to be provided. We encourage all interested parties to ask questions to enable all Proposers to be on equal terms. f. Any inquiries or requests for explanation in regard to the City's requirements should be made promptly to Amanda Beilfuss, City of Fayetteville, Sr. Purchasing Agent via e-mail (abeilfuss@fayetteville-ar.gov) or telephone (479.575.8220). No oral interpretation or clarifications will be given as to the meaning of any part of this requestfor proposal. All questions, clarifications, and requests, togetherwith answers, if any, will be providedto all firmsvia written addendum. Namesof firms submitting anyquestions, clarifications, or requests will not be disclosed until after a contract is in place. g. At the discretion of the City, one or more firms may be asked for more detailed information before final ranking of the firms, which may also include oral interviews. h. Any information provided herein is intended to assist the Proposer in the preparation of proposals necessary to properly respond to this RFP. The RFP is designed to provide qualified Proposers with sufficient basic information to submit proposals meeting minimum specifications and/or test requirements but is not intended to limit a RFP's content or to exclude any relevant or essential data. L Proposers irrevocably consent that any legal action or proceeding against it under, arising out of or in any manner relating to this Contract shall be controlled by Arkansas law. Proposer hereby expressly and irrevocably waives any claim or defense in any said action or proceeding based on any alleged lack of jurisdiction or impropervenue or any similar basis. j. The successful Proposer shall not assign the whole or any part of this Contract or any monies due or to become due hereunder without written consent of City of Fayetteville. In case the successful Proposer assigns all or any part of any monies due or to become due under this Contract, the Instrument of assignment shall contain a clause substantiallyto the effect that it is agreed that the right of the assignee in and to any monies due or to become due to the successful Proposer shall be subject to prior liens of all persons, firms, and corporations for services rendered or materials supplied for the performance of the services called for in this contract. k. The successful Proposer's attention is directed to the fact that all applicable Federal and State laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over the services shall apply to the contract throughout, and they will be deemed to be included in the contract as though written out in full herein. The successful Proposer shall keep himself/herself fully informed of all laws, ordinances and regulations of the Federal, State, and municipal governments or authorities in any manner affecting those engaged or employed in providing these services or in any way affecting the conduct of the services and of all orders and decrees of bodies or tribunals having any jurisdiction or authority over same. If any discrepancy or inconsistency should be discovered in these Contract Documents or in the specifications herein referred to, in relation to any such law, ordinance, regulation, order or decree, s/he shall herewith report the same in writing to the City of Fayetteville. City of Fayetteville RFP 24-09, Waste Transfer and Disposal Services SECTION B: Scope of Services and General Information 10 1. INTRODUCTION: The City of Fayetteville (City) has one facility that contains both the Fayetteville Transfer Station and the Fayetteville Recycling Center (Fayetteville Transfer Station/Recycling Center), located at 1560 S. Happy Hollow Rd. The Transfer portion of this facility utilizes loose -fill technology and is capable of satisfying the present and future solid waste disposal needs of the City of Fayetteville. Design is expandableto allow the Fayetteville Transfer Station to serve Washington County as necessary. During the term of this contract, the City shall deliver all of the municipal, residential, and commercial solid waste streams collected by the City to the City of Fayetteville'sTransfer Station. Current annual tonnage hauled from the Transfer Station is approximately 80,000. The City of Fayetteville's Transfer Station is currently permitted to allow up to 100,000 tons per year. The average outbound tonnage is 21 tons per truck and is normally between 10-16 truckloads per day. 2. SCOPE OF WORK: a. The awarded Proposer (Contractor) shall be responsible for the performance of all services reasonably necessary to provide for the proper disposal of all residential and commercial waste generated within the City of Fayetteville. Proposer shall provide a narrative describing the proposed operations plan for ensuring that Proposer has the resources and equipment necessary to provide timely, efficient, and cost- effective disposal of the City's solid waste. b. The Contractor shall perform the following under this contract: i. All solid waste received at the Fayetteville Transfer Station shall be transported to a permitted and approved disposal site. ii. All solid waste shall be removed from the Transfer Station by the end of each day (Monday through Saturday), including all holidays except New Year's Day, Thanksgiving Day, and Christmas Day. The first transport truck shall be at the City's Transfer Station by 5:30 AM and the last truck leaves approximately between 2:00 PM — 3:00 PM (M-F) and by 11:00 AM on Saturdays. iii. The City of Fayetteville, as the Transfer Station Operator, will be responsible for loading transport trailers with solid waste (payload weights no greater than that required to reach gross vehicle weight limitation set by law). However, in the interest of efficiency, the City is responsible for loading solid waste in such a way that a standard trailer with a capacity of 115 cubic yards will contain a minimum of 20 tons of solid waste. iv. Transporting of all solid waste shall be contained, tied, or enclosed, so that leaking, spilling, or blowing of waste is prevented. v. Proposer shall provide detailed inventory of assets illustrating that there is an adequate number of vehicles, trailers, and backup equipment, maintained in good physical condition. Information on all proposed labor, supervisors, maintenance, fuel, and necessary supplies to ensure the daily systematic and satisfactory performance of all services specified in this scope of work shall also be provided. 11 3. PROPOSAL REQUIREMENTS: In addition to submitting the completed and signed RFP form, Proposers shall also include the following with Proposal: a. An itemized list of Proposer's equipment available for use on this Contract, or an itemized list of proposed equipment with proof of financial strength to procure proposed equipment upon Contract award. Contractorshall provide trucks, trailers, and any necessary equipment to dump at landfill or disposal site. b. A copy of most recent, certified financial statement of Proposer, (or its parent corporation if individual subsidiary or division financial statements are not prepared and/or available) certified by a certified public accountant (CPA) firm. c. Evidence, in form and substance satisfactory to the City of Fayetteville, that Proposer (or Proposer's subsidiary or affiliate) has been in business at least five (5) years and possesses not less than three (3) years actual operating experience in solid waste transport and/or disposal handling no less than 50,000 tons per year. d. Name and location of landfill or disposal site, including evidence, in form and substance satisfactory to the City of Fayetteville, that the landfill or disposal site shall have a life in excess of the Contract length and that proposed disposal site meets the requirements of EPA subtitle D, when applicable, and documentation from disposal site owner that any further district, state, and federal requirements will be met through the duration of the Contract. If disposal site other than a landfill is proposed, a copy of disposal site's permit for operation shall be included with Proposal. e. A copy of the Proposer's Environmental Policy Statement as well as any records of past environmental issues. f. A letter from a corporate surety satisfactory to the City stating that the Performance Bond(s) will be furnished by it to the person submitting the proposal in the event it is the successful proposer. Such letter is to be signed by an authorized representative of the surety together with a certified and effectively dated copy of the power of attorney attached thereto. The Contractor responsible for the transportation and disposal of solid waste received at the Fayetteville Transfer Station will be required to furnish a corporate surety bond as security for the performance of the Contract. This surety bond shall be in the amount of one hundred percent (100%) of the total negotiated price approved by Fayetteville City Council for the first year of the contract. Contractor will have ten (10) business days from Contract approval by Fayetteville City Council to provide the bond. A one hundred (100%) surety bond will be required annually with contract renewal at the estimated tonnage of the 80,000 tons. The premium for the bond(s) described above shall be paid by the Contractor. A certificate from the surety showing that the bond premium(s) is/are paid in full shall accompany the bond. The surety on the bond shall be from corporate surety company duly authorized to do business in the State of Arkansas. Bonds must be written by an "A" rated bonding company. 4. PRICING a. Proposals shall include all-inclusive pricing for the hauling and disposal of all solid waste received at the Fayetteville Transfer Station at a properly licensed and permitted disposal facility and for the daily transport of all solid waste received at the Fayetteville Transfer Station. The price and rates proposed shall remain firm for the first two (2) years of the contract. If there are any price increases/changes during the remainder of the Contract, this information shall be included in the Proposal as well. 5. CONTRACT FORMATION: If the negotiation produces mutual agreement, a contract will be considered for approval by the City of Fayetteville City Council. If negotiations with the highest-ranking Proposer fail, negotiations may be initiated with the next highest-ranking Proposer until an agreement is reached. The City reserves the right to reject all offers and end the process without executing a contract. 6. CONTRACTTERMS: The City of Fayetteville intends to enter a three (3) year contract with the awarded Proposer with the option to renew for four (4) additional three (3) year terms. 7. PROPOSAL CONTENT: Proposals shall be prepared simply and economically, providing a straightforward, concise description its ability to meet the requirements for the project. Fancy bindings, colored displays, and promotional material are not required. Emphasis should be on completeness and clarity of content. All documents should be typewritten on standard 8 %2" x 11" white pages and bound in one volume. Exceptions would be schematics, exhibits, or other information necessaryto facilitate the City of Fayetteville's ability to accurately evaluate the proposal. Limit proposal to twenty-five (25) pages or less, excluding one -page team resumes, references, and forms required by the City for completion. 8. SELECTION CRITERIA: The following criteria will be used by the City to evaluate and score responsive proposals. Proposers shall include sufficient information to allow the City to thoroughly evaluate and score the proposal. Each proposal submitted is not required to be ranked by the selection committee. The contract may be awarded to the most qualified firm, per the evaluation criteria listed below, based on the evaluation of the selection committee. Following the evaluation of the proposals, the Selection Committee may request that the top- ranking firm(s) make an oral presentation or be interviewed. If presentations are necessary, they will take place in Fayetteville, Arkansas. Notices will be sent by the Purchasing Division. 1) 20% Qualifications in Relation to Specific Project to be Performed: Information reflecting qualifications of the consultant, partners, and project team. Indicated specialized experience and technical competence of the firm in connection with the type and complexity of the service required. Subcontractors, if used, shall be listed with information on their organization. 2) 20% Experience, Competence, and Capacity for Performance: Information reflecting the names, titles, and qualifications (including experience and technical competence) of the major personnel assigned to this specific project. 3) 30% Proposed Method of Doing Work: A proposed work plan (description of how the project would be conducted as well as other facts concerning approach to scope) indicating methods and schedules for accomplishing scope of work. Include with this the amount of work presently underway. 4) 10% Past Performance: Previous evaluations shall be considered a significantfactor. If previous evaluations with th City are not available, the professional firm's past performance records with City and others will be use including quality of work, timely performance, diligence, and any other pertinent information. Firm wi provide a list of similar jobs performed and person whom the City can contact for information. 5) 20% Cost/Fees: Complete costs and fees as described in this RFP and for delivery of the proposal including feasibility and financial stability. All fees shall be clearly identified with RFP response and be itemized. City of Fayetteville RFP 24-09, Waste Transfer and Disposal Services SECTION C: Proposer References The following information is required from all firms so all statements of qualification may be reviewed and properly evaluated: COMPANY NAME: Waste Management of Arkansas. Inc. NUMBER OF YEARS IN BUSINESS: Since 1983 HOW LONG IN PRESENT LOCATION: Over 40 years TOTAL NUMBER OF CURRENT EMPLOYEES: 100+ FULLTIME PARTTIME NUMBER OF EMPLOYEES PLANNED FOR THIS CONTRACT: 15+ FULLTIME TIME PLEASE LIST FOUR (4) REFERENCES THAT YOU HAVE PREVIOUSLY PERFORMED CONTRACT SERVICES FOR WITHIN THE PAST FIVE (5) YEARS (All fields must be completed): 1. City of Dardanelle COMPANY NAME Dardanelle AR CITY, STATE, ZIP Jimmy Witt, Mayor CONTACT PERSON 479-477-0401 TELEPHONE n/a FAX NUMBER Jwitt.mayor@dardanelle.com E-MAIL ADDRESS 3. Boston Mountain Solid Waste District COMPANY NAME Prairie Grove, AR 72753 CITY, STATE, ZIP Robin Reed, Director CONTACT PERSON 479-846-3005 TELEPHONE n/a FAX NUMBER reed@bmswd.com E-MAIL ADDRESS 2. City of Siloam Springs COMPANY NAME Siloam Springs, AR 72761 CITY, STATE, ZIP Steve Gorsczvzk, Public Works Director CONTACT PERSON 479-238-0921 TELEPHONE n/a FAX NUMBER water@siloamsprings.com E-MAIL ADDRESS 4. Marck Recycling and Waste COMPANY NAME Rogers, AR 72756 CITY, STATE, ZIP Wes Dougherty CONTACT PERSON 479-831-8940 TELEPHONE 479-831-8940 FAX NUMBER wdougherty@marck.net E-MAIL ADDRESS City of Fayetteville RFP 24-09, Waste Transfer and Disposal Services SECTION D: Signature Submittal 1. DISCLOSURE INFORMATION a. Proposer must disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any relationship with any City of Fayetteville employee. Proposer response must disclose if a known relationship exists between any principal or employee of your firm and any City of Fayetteville employee or elected City of Fayetteville official. i. If, to your knowledge, no relationship exists, this should also be stated in your response. Failure to disclose such a relationship may result in cancellation of a purchase and/or contract as a result of your response. This form must be completed and returned in order for your bid/proposal to be eligible for consideration. PLEASE CHECK ONE OF THE FOLLOWING TWO OPTIONS, AS IT APPROPRIATELY APPLIES TO YOUR FIRM: x 1) NO KNOWN RELATIONSHIP EXISTS 2) RELATIONSHIP EXISTS (Please explain): b. I certify that; as an officer of this organization, or per the attached letter of authorization, am duly authorized to certify the information provided herein is accurate and true; and my organization shall comply with all State and Federal Equal Opportunity and Non -Discrimination requirements and conditions of employment. c. Proposer agrees that they shall have a current, valid registration with the Arkansas Secretary of State at time of RFP deadline OR be able to provide proof of registration before recommendation of award to Fayetteville City Council. d. Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently boycott Israel and will not boycott Israel during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-503. If at any time during contract the contractor decides to boycott Israel, the contractor must notify the contracted public entity in writing. e. Pursuant Arkansas Code Annotated §25-1-1002, the Contractor agrees and certifies that they do not currently boycott Energy, Fossil Fuel, Firearms, and Ammunition Industries during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-1002. If at any time during the contract the contractor decides to boycott Energy, Fossil Fuel, Firearms, and/or Ammunition Industries, the contractor must notify the contracted public entity in writing. 2. PRIMARY CONTACT INFORMATION At the discretion of the City, one or more firms may be asked for more detailed information before final ranking of the firms, which may also include oral interviews. NOTE: Each Proposer shall submit to the City a primary contact name, e-mail address, and phone number (preferably a cell phone number) where the City selection committee can call for clarification or interview via telephone. Corporate Name of Firm: Waste Management of Arkansas, Inc. Primary Contact: James Vernon Title of Primary Contact: Public Sector Manager Phone#1 (cell preferred): 479-213-3650 E-Mail Address: jvernonkwm.com 3. ACKNOWLEDGEMENT OF ADDENDA Acknowledge receipt of addenda for this invitation to bid, request for proposal, or request for qualification by signing and dating below. All addendums are hereby made a part of the bid or RFP documents to the same extent as though it were originally included therein. Proposers/Bidders should indicate their receipt of same in the appropriate blank listed herein. Failure to do so may subject Contractor to disqualification. ADDENDUM NO. SIGNATURE AND PRINTED NAME DATE ACKNOWLEDGED RFP 24-09 Addendum 1 lllaA "�f, , James Vernon 5/31/2024 RFP 24 09 Addendum 2 , James Vernon 6/04/2024 4. DEBARMENT CERTIFICATION: a. As an interested party on this project, you are required to provide debarment/suspension certification indicating compliance with the below Federal Executive Order. Certification can be done by completing and signing this form. b. Federal Executive Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving individual awards, using federal funds, and all sub -recipients certifythat the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. c. Signature certifies that neither you nor your principal is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. 5. SIGNATURE SUBMITTAL: NAME OF COMPANY: Waste Management of Arkansas, Inc. PHYSICAL ADDRESS: 1041 Arbor Acres Avenue, Springdale, AR 72762 MAILING ADDRESS: Same TAX ID #: 04-2814811 AR. SECRETARY OF STATE FILING #: 100067636 PHONE: 479-213-3650 FAX: E-MAIL: jvernon(kwm.com By submitting your response, you certify that you are authorized to represent and bind your company SIGNATURE: PRINTED NAME: James Vernon TITLE: Public Sector Manager DATE: 5/30/2024 END OF RFP DOCUMENT RFP 24-09, Addendum 1 "l CITY OF IW FAYETTEVILLE Date: Friday, May 24, 2024 A R K A N S A S To: NI Prospective Vendors From: Amanda Beilfuss-479.575.8220- abeiltuss@favetteville-ar.gov BE: RFP 24-09, Waste Disposal and Transfer Services I his addendum is hereby made a part of the contract documents to the same extent as though it were the.originally included therein. Interested parties should indicate their receipt of same in the appropriate blank of RFP. PROPOSERSSNOUWACIVIOW[EOGE THISADDENDUM ON 7NEDESAGllil 1001710N ON THE li 7PORTAUPORM. L A rwn-mandatory pre -proposal conference and site visits were held on Wednesday, May 22, 2024 at 3:00 PM on -site at the Recycling and Trash Division. The listing of attendees is also attached to this addendum for disclosure to all interested parties. a. Attendees: i. City of Fayetteville: 1. L., McGaugh, Purchasing Director 2. Kenny Fitch, Purchasing Agent 3. Daniel Pickett, Supervisor 4. Brandon Bekemeier, Asst, Operations Manager 5. Drew Cook, Operations Manager 6. Peter Nierengarten, Environmental Director li. Venoms: 1. CARDS 2, Waste Management 2. QUESTIONS - The following questions have been received and have been answered by the corresponding department: Question: Will alternate waste disposal and transport options be reviewed/considere& It so, where should that be located in the Proposal? i. Answer. Yes, but the transportation option must be compatible with the Citys exrsting transfer station operations. Anywhere in the Proposal is acceptable as long as it is clearly labeled as on alternate option. b. Question: What is the current average loading time? i. Answer. The average loading time is between 30 minutes -1 hour. M>iA� City of Fayetteville, Arkansas Allp� CITY of Attendance Sheet � FAYETTEVILLE ARKANSAS BI RF RFQR:a4-()9 C. Question: What is the estimated start date? i. Answer: The current contract is scheduled to expire end of day December 31, 2024; therefore, it is anticipated the new contract with the awarded Proposer will begin start ofday January 2, 2025. d. Question: What is the current contract expiration date? i. Answer. The current contract is scheduled to expire end of day December 31, 2024, therefore, it is anticipated the new contract with the awarded Proposer will begin start ofday January 2, 2025. 3. Proposers are encouraged to supply, any additional services offered in their Proposa LLI 1-ni 5Ur1Q le Description: %lQSif TCmf4eY &irA Nroasal QAN1CM1S Function (circle one) : Bid Opening, Selection Committee Meeting, re- Interview Date:•_p5_ /A /qa�A Time: 3 -. DO.M ❑tr Herr e�.d iM user er.vea«eie.u,o: Name Company Title Phone Email /File.,rr SOS .�n..s <A 9+ ,%-6ay-4lutw2 E,i.4Elrts rcL,.i.tart - ., Um 'AL/,,-..5-,6 G/19-atT-mr., �rAD 3LQ2L4 EjTcW C a F PVP-c 14 AGEiv>✓ 1 15-8z5R 6 ,'G JYXi CIYr _,•A, IVU e✓ul Yor eir4-fore -9.5 9 OrE�ke.rl�/�w.rreddr".eta. &►'.,..,.' L u f' PmE gt1>,.1.., '.., _ 'tot -Lei -Yon 1.iex.re,'v� fry.tlxru.. - AR. ar 8AJ, Cm It. C OFr�- ,r—o- 9 vnn C�iF S.aJk..._A,t �:� Y7°!-1rD1-7E9Y vy,,; 10 11 12 13 14 15 16 17 18 :9 20 RFP 24-09, Addendum 2 Date: Tuesday, June 4, 2024 I To: All Prospective Vendors From: Amanda Beilfuss—479.575.8220 — aaeilfuss@fayetteville-ar-gov RE: RFP 24-09, Waste Disposal and Transfer Services CITY OF FAYETTEVILLE ARKANSAS This addendum is hereby made a part of the contract documents to the same extent as though it we - originally included therein. Interested parties should indicate their receipt of same in the appropriate blank of the RFP. PROPOSERS SHOULD ACKNOWLEDGE THIS ADDENDUM ON THE DESIGNATED LOCATION ON THE BID PORTAL/FORM, 1. The current RFP Proposal deadline has been extended. All Proposals are due Tuesday, June 11, 2024, no later than 2:00 PM, local time. 2. The following language is in the current Contract with Waste Management, regarding current fees: B. On January 1, 2020, the City agrees to pay Waste Management $41.22 per ton for transportation, hauling and disposal. Beginning on January 1.2021 and on each January l thereafter, the per ton price shall be adjusted by the percentagt: that the Consumer Price Index (CPI-U), US City Average for All Urban Consumers (current series), Water, Sewer, Trash Collection, Not Seasonally Adjusted, Base Period December 1997=100 Series ID CUURO(X)OSEiHG (CPI) (htlps://beta.bls.eovldAW) it:werlview!tirnescriWCUURt_11X10SEHG) has Increased during the preceding twelve-month period for which the data has been published. If the above CPI ceases to be published, the panics agree to substitute another equally authoritative measure of change in the purchasing power of the U.S. dollar as may be then available so as to carry out the intent of this provision. Waste Manastement shall coordinate with the City in writing prior to any implementation of any CPI -U price adjustment. Such coordination shall include the amount of the price adjustment, documentation substantiating the CPI published numbers, and the date the adjusted price takes effect. The City and Waste Management shall mutually agree on any increase, including calculation accuracy on CPI or other equally authoritative measure as applicable, prior to any price adjustment. -y of Fayetteville, AR P 24-09, Addendum 2 ge 112 e-Cnrrwbni(atiom DPvier for thr Dv.:f TDD (479) 521-1316 1131Vr%l Mountain - Fayrtlm414- AR 727C C. Price adjustment shall be calculated using the following: CPI for current period, Less CPI for previous period Equals index point change. Divide index point change by previous period CPI. That result shall he multiplied by itl0 to equal the percent change in the price per ton rate. Example. provided by the Bureau of Labor Statistics, is shown below or can be found at hltV&/www.bls.gov,cpy'factsheetUescalation.him: CPI for current period 232.945 Lem CPI for previous penod 229,815 Equals index pant change 3.130 Divided by previous period CPI 229.815 FQuaIs 0.0136 Refit multiplied by 100 0.0t36 x 100 Equals percent changs 1.4% 3. Payments issued to Waste Management to date, for services under this Contract for October 2023 — March 2024: October 2023 $ 300,287.10 November 2023 $ 292,570.00 December 2023 $ 260,248.77 January 2024 $ 281,118.64 February 2024 $ 289,987.82 March 2024 $ 282,040.15 -y of Fayetteville, AR -.r-P 24-09, Addendum 2 Page 212 Telmcwin.unkdtiam Drvkc fot the Draf TDO 1479,, 521-1316 I Myrti1 Mountain - rayrltrr , 11 AP -'' PROPOSAL CONTENT: Proposals shall be prepared simply and economically, providing a straightforward, concise description its ability to meet the requirements for the project. Fancy bindings, colored displays, and promotional material are not required. Emphasis should be on completeness and clarity of content. All documents should be typewritten on standard 8 1/2" x 11" white pages and bound in one volume. Exceptions would be schematics, exhibits, or other information necessary to facilitate the City of Fayetteville's ability to accurately evaluate the proposal. Limit proposal to twenty-five (25) pages or less, excluding one -page team resumes, references, and forms required by the City for completion. 3. PROPOSAL REQUIREMENTS: In addition to submitting the completed and signed RFP form, Proposers shall also include the following with Proposal: Operating Plan: Waste Management (WM) is presenting a proposal to engage MBI for the transportation of all solid waste from the Fayetteville Transfer Station. MBI maintains all licenses, insurance, and permits to effectively execute this task. Additionally, MBI will have the necessary equipment and adequate backup equipment to handle the anticipated 80,000 tons per year of solid waste generated by the City of Fayetteville. MBI commits to ensuring that trucks and trailers are present at the City's Transfer Station by 5:30 AM on each operating day. It is important to note that WM's Eco-Vista Landfill normally operates from 6:00 AM to 5:00 PM, Monday through Friday. However, the landfill has the necessary permits to extend operations from 5:00 AM to 9:00 PM, if required, to cater to the needs of the City of Fayetteville's Transfer Station in the case of unforeseen circumstances. The transportation of solid waste will be carried out in a manner that prevents leaking, spilling, or blowing of waste by ensuring that all waste is properly contained, tied, or enclosed during transportation. Once the trucks have been loaded at the City's Transfer Station, MBI will transport the loads to the Eco-Vista Landfill. Upon reaching the Eco-Vista Landfill, all loads will be accurately weighed and ticketed to determine the precise amount of solid waste being transported. The truck will then proceed to the designated disposal unit where the solid waste will be properly discharged from the trailer. After the discharge, the truck will return to the City's Transfer Station, and the waste will be spread and compacted in the most space -efficient manner possible. a. An itemized list of Proposer's equipment available for use on this Contract or an itemized list of proposed equipment with proof of financial strength to procure proposed equipment upon Contract award. Contractor shall provide trucks, trailers, and any necessary equipment to dump at landfill or disposal site. WM At -a -Glance People Operations 48,500 255 team members solid waste landfills Recycling Facilities 52 single -stream recycling facilities 30 commercial facilities 12 bale/transfer/buy-back/ dedicated customer processing facilities 42 organics facilities 5 507 hazardous hauling waste facilities landfills Energy 10,388 alternative fuel vehicles 171 natural gas fueling stations 144 landfill gas -to -energy facilities 4 CORe® organics 102 processing facilities landfill gas -to -electricity 9 construction and facilities demolition recycling facilities 26 landfill gas -to -fuel facilities Community Vitality $14.2M $1.2M 860 340 $29.1113 transfer asset base facilities Environmental Conservation 75 certified wildlife habitat programs 63 pollinator programs 185 active habitat, species, and education certified projects 14,709 acres actively managed for wildlife preservation 57,565 in charitable giving in -kind services community events people participated in donated hosted and/or WM-hosted education participated in by WM and community betterment activities Unit No Description Tech Spec Asset Cat Assett Class Activity_MCC User Class 1 610370 2016 FORD F150 16FDF15UPU PU SUPPRT 400 VELD60M SUPP 4000 611479 2014FORD F250 14FDF25UPU PU SUPPRT 400 VELD60M SUPP 4000 612437 2003FORD F150 03FDF15UPU PU SUPPRT 400 VELD60M SUPP 2600 674453 2007 STERLING ACTERRA 07STACTDST ST SUPPRT 400 VEHD600 SUPP 2600 675043 2014FORD F550 14FDF55DST ST SUPPRT 400 VELD60M SUPP 2600 807553 12018 CAT D8T 18CAD8TDD8 TTT IHEAV 400 EQHVY XHACQ HEAV 2600 807559 2018 KOMATSU D51 18KOD51DDS TTT HEAV 400 EQHVY XHACQ HEAV 2600 807693 2022 CAT D6 XE LGP 22CAD6XDTT TTT HEAV 400 EQHVY XHORG HEAV 2600 820195 2018 CAT 826K 18CA82KD82 LFCOM HEAV 400 EQHVY XH HEAV 2600 820213 2018 CAT 836K 18CA83KDLC LFCOM HEAV 400 EQHVY XH HEAV 2600 825303 2008 CAT 735 08CA735DOH OHT HEAV 400 EQHVY XH HEAV 2600 830737 2012 CAT 300 12CA308DHX HEX HEAV 400 EQHVY XH HEAV 2600 830778 2007 CAT 315CL 07CAVCLDHX HEX IHEAV 400 EQHVY XH HEAV 12600 833784 2018 KOMATSU PC360LCll 18KOPClDHX HEX JHEAV 400 EQHVY XH HEAV 12600 833831 2016 CAT 336FL 16CA36FDHX HEX HEAV 400 EQHVY XHREP HEAV 2600 833857 2019 CAT 315FLCR 19CA31FDHX HEX HEAV 400 EQHVY XHORG HEAV 2600 845533 2015 CAT 420F2IT 15CA4F2DBH BHL HEAV 400 EQHVY XH HEAV 2600 846178 1983 CAT 12G 83CA12GDMG MG HEAV 400 EQHVY XH HEAV 2600 847560 2016 NEW HOLLAN UNKNOWN 16NHT4120DA AGT SUPPRT 400 EQHVY XH SUPP 4000 852974 2015 FORD F750 15FDF75DWT WT HEAV 400 HHD400 SUPP 898423 2019 VOLVOCE A25G 19VO25GDOH OHT HEAV 400 EQHVY XHREP HEAV 2600 898504 2022 VOLVOCE A40G 22VO40GDOH 1OHT 1HEAV 400 EQHVY XHORG HEAV 4000 905718 2013 SULLAIR 185DPO 13S5185DPW I POWER JSUPPRT 400 EQSUP XH SUPP 2600 Unit Inventory Report Mr. Bults Inc. Unit Shop Description License Year Make Model Serial# AcliNty Cost Code Util Base Last Reading Meter Date 1830 210 2016 Kenworth T880 P862327 2016 KNWRT T-880 1X5KZD49XOGJ470525 FAIRINGONLY 20 ODOMETER 607200 4/16/2024 1903 210 2016 Kenworth T880 P898726 2016 KNWRT T-880 1X5KZD49X5GJ470598 FAIRINGONLY 20 ODOMETER 414436 4/16/2024 1927 210 2017 Kenworth T880 P904785 2017 KNWRT T-880 1X5KZD49X4HJ126682 FAIRING ONLY 20 ODOMETER 400169 4/16/2024 2601 210 2020 Kenworth T880 P1056099 2020 KNWRT T-880 1X5KZD49XBLJ306644 FAIRINGONLY 20 ODOMETER 134883 5/27/2024 2603 210 2020 Kenworth T880 P1056101 2020 KNWRT T-880 1X5KZD49X1HJ306646 FAIRINGONLY 20 ODOMETER 256952 5/8/2024 2655 210 2021 Freightliner P1086688 2021 FRGHT CASCADIA 3AKJHTFM7MSMV3395 FAIRINGONLY 20 ODOMETER 274734 3/182021 2671 1210 2022 Freightliner P1114660 12022 FRGHT CASCADIA 3AKJHTFM2NDNH3445 FAIRINGONLY 20 ODOMETER 152179 5232024 2667 1210 2022 Freightliner P1120793 2022 FRGHT CASCADIA 3AKJHTFM8NDNH3465 FAIRINGONLY 120 ODOMETER 150996 1 5272024 2688 210 2022 Freightliner P1120794 2022 FRGHT CASCADIA 3AKJHTFM3NDNH3468 FAIRINGONLY 20 ODOMETER 191238 4/112024 2806 210 2023 Freightliner P1180866 2023 FRGHT CASCADIA 3AKJHTFM4PSNW7374 FAIRING ONLY 20 ODOMETER 80012 5242024 2844 210 2024 Freightliner P1196700 2024 FRGHT ICASCADIA 3AKJHTFM3RDUZ3128 FAIRINGONLY 20 ODOMETER 79344 5272024 3095 210 2012 Phelps Tipping 2012 PHELPS L39FBS63 12-3736-D-01 LFTIPPER 23 HOUR 560 5/132024 3273 210 1967 Allis Chalmers 1967 AI1CH ACC30LPS AMD101653 FORKLIFT 29 3328 210 2017 Toyota Forklift 2017 TOYOT BFGU25 82883 FORKLIFT 29 HOUR 1922 4/302024 336 210 2000 Kenworth T800B P902977 2000 KNWRT T-880 1NKDLU9XBYR835835 WETKIT/FAIR 20 ODOMETER 313006 4232024 3460 210 2009 VoW L15OF 2009 VOLVO L15OF L150FV14527 LOADING 22 HOUR 22348 422024 3720 1210 2015 Dodge 3500 136621F 2015 DODGE 3500 3C7WRSAL5FG545753 SRVTRK 24 ODOMETER 1255100 5272024 4000 1210 2021 Dodge 1500 3246504B 2021 DODGE 1500 3C6JR6DG3MG692879 STD PICKUP 124 ODOMETER 56900 5272024 T1210 210 2006 Titan Tipper 584674ST 2006 TITAN TIP48F2AXL 2K9TP1L246H035373 TIPP 121 DAYS 0 4/82024 T1860 210 2009 Titan Tipper 586608ST 2009 TITAN TIP48F2A%L 2TVTP1 L2990000005 TIPP 121 DAYS 0 4/82024 T1922 210 2007 Titan Tipper 360143ST 2007 TITAN TIP48F2A)(L 2TVIP1 L2270000294 TIPP 21 DAYS 0 4/82024 T2446 210 2006 Titan Tipper 445906ST 2006 TITAN TIP48F2AXL 2TVTP1 L2960000565 TIPP 21 DAYS 0 3/152021 T2463 210 2006 Titan Tipper 445957ST 2006 TITAN TIP48F2AXL 2TVIP1 L2960000582 TIPP 21 DAYS 0 3/152024 T3342 210 2015 Titan Tipper 540427ST 2015 TITAN TIP48F2AXL 2TVFP4827FD000493 TIPP 21 DAYS 0 3/182024 T3423 210 2015 Titan Tipper 554316St 2015 TITAN TIP48F2A%L 2TVFP4821FD000781 TIPP 21 DAYS 0 4/32024 T3602 210 2016 Titan Tipper 575077ST 12016 TITAN TIP48F2AXL 2TVIP4828GD000536 TIPP 21 DAYS 0 4/162024 T4041 210 2019 Titan Tipper 694378ST 2019 TITAN TIP48F2A%L 2TVFP4826KD000706 TIPP 21 IDAYS 0 4/32024 T4312 210 2009 Wabash Van 711578ST 2009 WABSH VAN53F2A 1JJV532W59L317866 VAN 21 DAYS 0 3/142024 T4313 210 2009 Wabash Van 711577ST 2009 WABSH VAN53F2A 1JJV532W69L318203 VAN 21 DAYS 0 4182024 T867 210 2004 Titan Tipper 238642ST 2004 TITAN TIP48F2AXL 2K9TIF1 L284HO35020 ITIPP 21 DAYS 0 4/162024 T994 210 2005 Titan Tipper 261936ST 2005 TITAN TIP48F2AXL 2K9TIF1L285H035049 TIPP 21 DAYS 0 4/162021 REPORTTOTALS: TOTAL NUMBER OF UNITS: 31 TOTAL RPTONLYUNITS: 0 TOTAL Sc.UNITS: 0 Financial Strength: The Foundation for Our Commitment Full financial results are available on Revenue in 2022 was $19.7 billion, and WM has an asset base of $31.4 our website at investors.wm.com. billion. The company generates strong and consistent cash flow and has access to an extensive line of credit. WM's financial strength is the foundation for our commitment to serve our customers, perform our obligations, and protect the environment in carrying out our broad services. WM has achieved solid investment -grade credit ratings from three major rating agencies. Most recently, the company has been assigned ratings of A-/A-2 by Standard & Poor's, BBB+ by Fitch, and Baal by Moody's. The ratings are based on expectations that management will maintain good liquidity, pursue a moderate financial policy, and allocate capital in a disciplined manner. The credit outlook from each agency for WM is characterized as stable. WM's financial strength, as summarized above, gives Fayetteville assurance that we can and will fulfill our obligations. • WM is committed and financially able to perform all operations in full compliance with applicable federal, state, and local regulations and to provide clear documentation of that compliance. WM offers the most extensive network providing waste management services in North America, including transportation, disposal, treatment, recovery, remediation, waste identification, and several other specialty services. This network enables us to provide a single source of responsibility, from transportation through disposal of waste. • Typically, new capital requirements are internally financed by WM using cash flow from existing operations - freeing our equipment and facility investments from the timelines and terms of third -party creditors. WM's financial strength helps us to continually advance services for all of the customers we serve, including Fayetteville, and we are committed to maintaining that strength. As a wholly -owned, indirect subsidiary of Waste Management, Inc., Waste Management of Arkansas, Inc. (WM) does not report financial results. All financial reporting occurs through our parent entity. As a publicly traded company, WM is held to the most stringent regulations for accurate and timely financial disclosure. Please see the following pages for the last two years of financial statements (2021-2022). b. A copy of most recent certified financial statement of Proposer, (or its parent corporation if individual subsidiary or division financial statements are not prepared and/or available) certified by a certified public accountant (CPA) firm. kCYO1C1'O1VlQWUr1_%DIRT MCIS11 WPUBLICACCOUNLING PRIM lu (he hoard of D-1— cad Inc Opialuu un lakrmd Cuul-I over l•iuungiul kepartiug We Lt ..,hu d N'wlc Yhwiaert[m. Iac.-s mlemal c-1.1 over n¢.mcml repu¢me es of l)—ber 11. 2022, fumed w cr:lena awbluMd at Iruemal Ca I-Imegmled Ftuarewurk Issued by the C—,Itee of Sporyunag Orgaataaltt[m ofthe Treadway ('.no isston 12W.; frantcwmt) (the CONO amcna). Ir our rgtirion. Write Nimagancnt, Inc. (ncc Cnmpary) ntainminc: n all maunal r:�spxls, otYcctivc internal control ova linanciel rgtoning ea of D:.ccmhtt 31, 2n?2, hagcd nn the C'DS(1 ❑ ire[ ia. ue :dso hate vudiW' in accordance wilb the stamlards of the R[blic C'oaquwty Acmottirrg Orrrsigbl Bori� ((rnikd SUesl (PCAOIf_I, the 2011 cu lidai'd ftn[nct.c stulent-6 of the Cumpunr, ued our put caled Iebm:uy i. 2023 expressed an wquakfxd uI=m Ifl.•— Basis for Opiauaa Tbc C'nmpary's managamcatt is ratzmtuiblc fm msnlaining eftetivc inle nal cortrnl ova financial [cpnrunp and for its as+e_=1 ofthe ct£ccateness of tmemil uunlrul over tmt¢uul rep IRI; tododad m the accumprayr¢g Anul6cuacm's Rcpurt on tnuental Control Over Ftnwcual Repun:ng. Our respumibdtty is to expr— an opinion on the Company's mlemsl wnnnl over Branca: rgton:ng Lxtscd on nur ai+dit. We we a public occownng fnm rcgim mi with the RC:AOR and arc rcqutrod to to indgwna ,rt undi r qt a to the C:omltany in aecordat[w with the 11 4. Fetal secstica 'a and tb: appllnhle mlca and togular ons ortM Sacutlrix and F chaago Cnmmicaion and the PC'AOW Ulecondr[ctnl out ratdiliu accordance%ilk the shva W&ofIhePCAOB. I hale srndands require that an pro r 1lavham the audil lu ubluin mtuamuble.usutunce ubum whclher ellwt,ic wuetnal mtrinl urer fiaaacinl rcpauu�. wao nwinh+iucJ in all m0-1 mspeda. Chu ambI included abunutg an unde handing ofulental control over fmancud renatiing. assessit4 the nakthet a mmerial wcaknem eaisls, leering and c.ahanng d[c dcsgn andopaming ctkctivatacs of nlcnaal control based on the asscascd risk; and perinrmmg such olba er .dnoa as svc cnnsidorwi ncwssary in the eitnnnuancus. \4'o hdimo that — —it I- dca a maannahlo bade fnr our opninn. Bcfbr111ua nod Limilalimrr of luternal Conn-1 Over 1•ivanciul kepm-tiug A Bump my's intemu, cunllul urer Glatu nd repurling i, a ptucras Jr.uaue W provide reu waublc ns>rruau• rcEt¢Ji au the rcliahitiq of financial icpwine and th+pnganratitw of firi.—I aaWmana fnr oskwwl lmgmaca is axa&-cc with gehetNly accepted accoutdiug Lxnciyle,. A cauprny's internal eomnl user fmauc tl reponu:g irrlude, [hoar n: 61 Matxah— that (It -I.. Iu Ike tniunlemuux of rcuutb dual, an teu wuable detail, [w�curutelr and fruh, [,heel the xtim,vad dislws:hua. of the aseela of the urulutay: (2) provide rein bte wunlnt'e WI tra¢Yn.11aal :ere reuadcd u ¢acss:ay It, pemW ptel)m lm of fmmcul elmeme¢la m acu rdnme with anwmlh :wcepled acwtactrce m_ w-.plea. and that rcccipla and ctpmdiltue. ut the ccanpuny on, being made only an accordance wuh at[thorvtnons of mun:tg—A and dIT-teas of the enm:wny; and 11I emvide reasonable wsnatta. regarding pa-.•cnbon m limey dmxtirn of lmanlb0l'V.a! aL1g-4 Mt, nee; n! dlx:[navinn nl'thc company': ass t, than could h— -material Meet no the i nancial w tmenla. Be:uuae u[ib iilteteW litttinuiury iutrrualuumnrl utrr fu:ancn•1 rcpwt:ni;may rut preset[ ur Jele:t ruu taleu.euts. Al— pruleauune of wy evalu.uwn of clfectitenraa W fu Iwe �aiuJs ore subject W Ike ri k [But .u¢Wls m:n bec�®e inuJalutac becau: of changes m cumin m , m dxl the delxee of compliwce mlh the pubctea m ptcredurea -y Jelenuralc. sr R.R\ST & YOI)XCr UP Houston, Tetras Fcb[w_y 7, :M-3 WASTE MANAGEMENT, INC. CONSOLIDATED BALANCE SHEETS (In Millions, Except Share and Par Value Amounts) December 31, 2022 2021 ASSETS Current assets: Cash and cash equivalents ........................................................ $ 351 $ 118 Accounts receivable, net of allowance for doubtful accounts of $26 and $25, respectively .... 2,461 2,278 Other receivables, net of allowance for doubtful accounts of $7 and $8, respectively ........ 291 268 Parts and supplies............................................................... 164 135 Other assets.................................................................... 284 270 Total current assets............................................................. 3,551 3,069 Property and equipment, net of accumulated depreciation and depletion of $21,627 and $20,537,respectively............................................................ 15,719 14,419 Goodwill....................................................................... 9,323 9,028 Other intangible assets, net ......................................................... 827 898 Restricted funds.................................................................. 348 348 Investments in unconsolidated entities ............................................... 578 432 Other assets..................................................................... 1,021 903 Total assets.................................................................. $ 31,367 $ 29,097 LIABILITIES AND EQUITY Current liabilities: Accounts payable............................................................... $ 1,766 $ 1,375 Accrued liabilities............................................................... 1,625 1,428 Deferred revenues............................................................... 589 571 Current portion of long-term debt .................................................. 414 708 Total current liabilities.......................................................... 4,394 4,082 Long-term debt, less current portion ................................................. 14,570 12,697 Deferred income taxes............................................................ 1,733 1,694 Landfill and environmental remediation liabilities ...................................... 2,700 2,373 Other liabilities.................................................................. 1,106 1,125 Total liabilities................................................................ 24,503 21,971 Commitments and contingencies (Note 10) Equity: Waste Management, Inc. stockholders' equity: Common stock, $0.01 par value; 1,500,000,000 shares authorized; 630,282,461 shares issued ....................................................... 6 6 Additional paid -in capital......................................................... 5,314 5,169 Retained earnings............................................................... 13,167 12,004 Accumulated other comprehensive income (loss) ..................................... (69) 17 Treasury stock at cost, 222,396,166 and 214,158,636 shares, respectively ................. 1( 1,569) (10,072) Total Waste Management, Inc. stockholders' equity. . .... ......... ......... 6,849 7,124 Noncontrolling interests ........................................................... 15 2 Total equity ................................................................... 6,864 7,126 Total liabilities and equity ....................................................... $ 31,367 $ 29,097 See Notes to Consolidated Financial Statements. 72 WASTE MANAGEMENT, INC. CONSOLIDATED STATEMENTS OF OPERATIONS (In Millions, Except per Share Amounts) Operating revenues ..................................................... . Costs and expenses: Operating............................................................ Selling, general and administrative ........................................ Depreciation, depletion and amortization .................................. . Restructuring......................................................... (Gain) loss from divestitures, asset impairments and unusual items, net......... . Income from operations .................................................. Other income (expense): Interest expense, net .................................................... Loss on early extinguishment of debt, net .................................. Equity in net losses of unconsolidated entities .............................. . Other, net............................................................ Income before income taxes ............................................... Income tan expense ...................................................... Consolidated net income .................................................. Less: Net income (loss) attributable to noncontrolling interests ................. Net income attributable to Waste Management, Inc. . . . ........................ Basic earnings per common share .......................................... Diluted earnings per common share ......................................... Year Ended December 31, '7 17,07o a 1/,701 .D 1J,Llo 12,294 11,111 9,341 1,938 1,864 1,728 2,038 1,999 1,671 1 8 9 62 (16) 35 16,333 14,966 12,784 3,365 2,965 2,434 (378) (365) (425) - (220) (53) (67) (36) (68) (2) 5 5 (447) (616) (541) 2,918 2,349 1,893 678 532 397 2,240 1,817 1,496 2 1 $ 2,238 $ 1,816 $ 1,496 $ 5,42 $ 4.32 $ 3.54 $ 5.39 $ 4.29 $ 3.52 CONSOLIDATED STATEMENTS OF COMPREIIENSIVE INCOME (In Millions) Consolidated net income .................................................. Other comprehensive income (loss), net of tax: Derivative instruments, net ............................................. . Available -for -sale securities, net .......................................... Foreign currency translation adjustments ................................... Post -retirement benefit obligations, net ................................... . Other comprehensive income (loss), net of tax ............................... . Comprehensive income ................................................... Less: Comprehensive income (loss) attributable to noncontrolling interests...... . Comprehensive income attributable to Waste Management, Inc .................. See Notes to Consolidated Financial Statements. 73 Year Ended December 31, 2022 2021 2020 $ 2,240 $ 1,817 $ 1,496 3 9 15 (24) (6) 11 (65) (28) 20 3 1 (86) (22) 47 2,154 1,795 1,543 2 1 - $ 2,152 $ 1,794 $ 1,543 c. Evidence, in form and substance satisfactory to the City of Fayetteville, that Proposer (or Proposer's subsidiary or affiliate) has been in business at least five (5) years and possesses not less than three (3) years actual operating experience in solid waste transport and/or disposal handling no less than 50,000 tons per year. WM has provided Waste Disposal and Hauling services to the City of Fayetteville since 2009. For each full calendar year of those services, WM managed the hauling and disposal of over 50,000 tons per year at WM operated landfills. City of Fayetteville Account History - Tons Received at Eco Vista Year Annual Tons 2009 12793.29 2010 50728.74 2011 54668.1 2012 58910.91 2013 62252.11 2014 60837.31 2015 72826.39 2016 76166.64 2017 76052.36 2018 79453.49 2019 82447.59 2020 81101.1 2021 77137.28 2022 77676.64 2023 46013.73 d. Name and location of landfill or disposal site, including evidence, in form and substance satisfactory to the City of Fayetteville, that the landfill or disposal site shall have a life in excess of the Contract length and that proposed disposal site meets the requirements of EPA subtitle D, when applicable, and documentation from disposal site owner that any further district state, and federal requirements will be met through the duration of the Contract. If disposal site other than a landfill is proposed, a copy of disposal site's permit for operation shall be included with Proposal. Eco Vista Landfill Eco Vista Landfill is a permitted municipal solid waste landfill that opened in 1981. The facility is permitted by the Tennessee Department of Environment and Conservation. The facility currently accepts Asbestos-Friable/Non-Friable, Auto Shredder Fluff, Biosolids, Construction & Demolition Debris, Municipal Solid Waste, Sludges, Soils, Yard/Green Waste. Permits • Air Permit: 1884-AOP-R6 • Compost Permit: 0013-SCYW • NPDES Permit: ARG160045, ARR000231 • Solid Waste Permit Class 1: 290-S1-R3 • Solid Waste Permit Class 4: 290-S4-R1 Eco Vista Landfill 2210 Waste Management Drive Springdale AR 72762 Hours: 6:00 a.m.to 5:00 p.m. Monday -Friday; Closed Saturday and Sunday Observed Holidays: New Years Day, Thanksgiving Day, Christmas Day Acceptable waste can be brought via walking floor trailers, tippers, dump trucks. Frameless trucks are not permitted. Offloading assistance is not provided. This location does not accept hazardous waste. Eco Vista has an estimated landfill capacity of 12 years of airspace remaining. e. A copy of the (a)Proposer's Environmental Policy Statement as well as any (b) records of past environmental issues. PURPOSE To communicate Management objectives for commitment to human health and the environment. All Waste Management owned, operated or controlled operations share responsibility to further the goals of this policy. POLIiY Waste Management is committed to protecting human health and the environment. This commitment is a keystone of all that we do, reflected in the services we provide to customers, the design, operation and long-term maintenance of our facilities, the conditions under which employees work, the implementation of our sustainability initiatives, and our interactions with the communities where we live and do business. We will be responsible stewards of the environment, leaders in sustainability, and will protect the health and well-being of our employees and neighbors. We will work to provide and to create public awareness of the importance of environmental stewardship. The following principles are applicable to Company operations worldwide: • Protection: Conduct all operations in a manner that protects the environment and Waste Management employees, neighbors, and customers. Proactively work to implement procedures and programs that actively audit compliance, identify and manage risks to prevent pollution, reduce emissions and releases, and prevent or reduce other possible adverse consequences from our operations. • Compliance: Comply with all environmental laws and regulations and proactively implement programs and procedures to ensure compliance and promote environmental responsibility. • Sustainability: Practice and promote sustainability through the conservation of nature and the earth's energy resources and the reuse and recycling of materials that otherwise are wasted. • Communication: All Waste Management employees are responsible for helping the Company identify potential threats to human health and the environment from our operations and remedy possible non-compliance with environmental laws and regulations. Suspicion of violations of law or Waste Management's Core Values of Ethical Conduct and Practices shall be communicated in accordance with the Company's Business Ethics and Compliance and Environmental Reporting and Incident Notification Policy. • Disclosure: Waste Management will provide annual updates on its environmental goals and key indicators and will provide a comprehensive GRI-based sustainability report every two years. • Engagement: Waste Management will seek opportunities to engage with stakeholders on environmental, social and governance issues, and will report on the groups with which we engage. The Company has developed processes, procedures and tools for use in achieving its high standards for environmental performance and compliance. They collectively form the Waste Management Environmental Management System (WM EMS). The Company's operations, across all lines of business, are responsible for implementation and adherence to the WM EMS at each operating location. This applies to all business endeavors in which Waste Management has a fifty - percent or more ownership. W © 2019 WM Intellectual Property Holdings, LLC. wAST9 M^ft^"M9WT PURPOSE To communicate Management objectives for commitment to human health and the environment. All Waste Management owned, operated or controlled operations share responsibility to further the goals of this policy. POLICY Waste Management is committed to protecting human health and the environment. This commitment is a keystone of all that we do, reflected in the services we provide to customers, the design, operation and long-term maintenance of our facilities, the conditions under which employees work, the implementation of our sustainability initiatives, and our interactions with the communities where we live and do business. We will be responsible stewards of the environment, leaders in sustainability, and will protect the health and well-being of our employees and neighbors. We will work to provide and to create public awareness of the importance of environmental stewardship. The following principles are applicable to Company operations worldwide: • Protection: Conduct all operations in a manner that protects the environment and 'Waste Management employees, neighbors, and customers. Proactively work to implement procedures and programs that actively audit compliance, identify and manage risks to prevent pollution, reduce emissions and releases, and prevent or reduce other possible adverse consequences from our operations. • Compliance: Comply with all environmental laws and regulations and proactively implement programs and procedures to ensure compliance and promote environmental responsibility. • Sustainability: Practice and promote sustainability through the conservation of nature and the earth's energy resources and the reuse and recycling of materials that otherwise are wasted. • Communication: All Waste Management employees are responsible for helping the Company identify potential threats to human health and the environment from our operations and remedy possible non-compliance with environmental laws and regulations. Suspicion of violations of law or Waste Management's Core Values of Ethical Conduct and Practices shall be communicated in accordance with the Company's Business Ethics and Compliance and Environmental Reporting and Incident Notification Policy. • Disclosure: Waste Management will provide annual updates on its environmental goals and key indicators and will provide a comprehensive GRI-based sustainability report every two years. • Engagement: Waste Management will seek opportunities to engage with stakeholders on environmental, social and governance issues, and will report on the groups with which we engage. The Company has developed processes, procedures and tools for use in achieving its high standards for environmental performance and compliance. They collectively form the Waste Management Environmental Management System (WM EMS). The Company's operations, across all lines of business, are responsible for implementation and adherence to the WM EMS at each operating location. This applies to all business endeavors in which Waste Management has a fifty - percent or more ownership- © 2019 WM Intellectual Property Holdings, LLC. WAf TL MA/rAG[MI Mi Waste Management's management will regularly monitor operations and make recommendations to the Board of Directors on programs to continuously improve the environmental performance of the Company. Environmental goals and objectives will be established, reviewed, and approved dunng management review. The Waste Management Board of Directors and executive management will regularly monitor the environmental performance to ensure adherence to the principles of this policy across the Company. APPROVAL REQUIREMENTS WA POLICY OWNEWCONTACT The policy owner is the Director, Environmental Protection and Compliance. Questions regarding this policy should be directed to the Policy Owner. VARIANCE APPROVALS Policy variances must be obtained from the Policy Owner. Variances must be requested using the Variance Approval Form. (b) Record of Past Environmental Issues 3/22/2024 - Notice of Non -Compliance Findings of Non -Compliance On February 21, 2024, the DEQ Office of Water Quality conducted an inspection of the above referenced facility in response to two complaints and documented the following non-compliance: 1. DEQ observed off -site sediment tracking from the facility has resulted in sediment accumulation on the sides of Arbor Acres Avenue. Sweeper activities conducted by the facility to clear the road of sediment tracked off -site from the facility has caused the accumulation of sediment. Corrective Actions to Address Non -Compliance 1. Immediately cease all off -site tracking from the facility onto Arbor Acres Avenue or other adjacent roadways. 2. Immediately remove all accumulated sediment from the sides of Arbor Acres Avenue that has resulted from off -site tracking from the facility. f. A letter from a corporate surety satisfactory to the City stating that the Performance Bond(s) will be furnished by it to the person submitting the proposal in the event it is the successful proposer. Such letter is to be signed by an authorized representative of the surety together with a certified and effectively dated copy of the power of attorney attached thereto. The Contractor responsible for the transportation and disposal of solid waste received at the Fayetteville Transfer Station will be required to furnish a corporate surety bond as security for the performance of the Contract. This surety bond shall be in the amount of one hundred percent (100%) of the total negotiated price approved by Fayetteville City Council for the first year of the contract. Contractor will have ten (10) business days from Contract approval by Fayetteville City Council to provide the bond. A one hundred (100%) surety bond will be required annually with contract renewal at the estimated tonnage of the 80,000 tons. The premium for the bond(s) described above shall be paid by the Contractor. A certificate from the surety showing that the bond premium(s) is/are paid in full shall accompany the bond. The surety on the bond shall be from corporate surety company duly authorized to do business in the State of Arkansas. Bonds must be written by an "A" rated bonding company. June 6.2024 CITY OF FAYETTEVILLE, ARKANSAS 113 West Mountain Street. Room 306 Fayetteville. AR 72701 Principal: ECO VISTA, LLC Bid Date: June 6 2024 Description. RFP 24-09: Waste Transfer and Disposal Services Dear Sir/Madam: We, BERKLEY INSURANCE COMPANY hereby agree that in the event an award is Made to ECO VISTA, LLC on the project as captioned and a mutually acceptable contract is signed, we will execute the necessary Performance andlor Payment Bonds that may be required. Sincerely, BERKLEY INSURANCE COMPANY I Andrea M. Penaloza Attcmey-in-Fact No. B1-7870m-ell POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON. DELAWARE KNOW ALL MEN BY THESE PRESENT'S. that BERKLEY INSURANCE COMPANY (the "Company"). a corporation duly organized and existing under the laws of the State of Delaware. having its principal office in Greenwich. CT, has made, constituted and appointed. and does by these presents make, constitute and appoint: Lope Tj4rn Lisa A. Ward; Alexander Dam Terri L Morrison; Misty' WriShl; Andrea ,V Peutdozo; Gina A. RodriAwez; or Amanda George of AON Risk Senores Southwest, Inc. of Houston. TX its true and lawful Auomey-in-Fact, to sign its name as surety only as delineated below and to execute, seal. acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that nu single obligation shall exceed Fifty Million avd 001100 U.S. Dollars (U.S.SS0,000,000.00] to the same extent as if such bonds had been duly cxectued and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed ►t), the laws of the State of Delaware. without giving effect to the principles of conflicts of laws thereof. This Power of Auomey is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directory of the Company held on January 25, 2010_ RESOLVED. that, with respect to the Surety business written by Berkley Surety. the Chairman of the Board. Chief Executive Officer. President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Scrretary are herehy authorized to execute power's of attorney authorizing and qualifying the attorney -in -fact named therein to execute bonds. undertakings, recognizanees or other suretyship obligations on behalf of the Company. and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such anuxney-in-fact and revoke any power of attorney previously granted; and further RESOLVED. that such power of attorney limits the acts of those named therein to the bonds. undertakings, recogn'aunces, or other suretyship obligations specifically named therein. and they have no authority to bind the Company except in the nhanncr and to the extent therein stated: and further RESOLVED, that such power of attorney revokes all per%ions powers issued on behalf of the attorney -in -fact named: and further RESOLVED, that the signature: of any authorized officer and the seal of the Compwly may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond. undertaking. recognizance, or other suretyship obligation of the Company: and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may conunue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the tact that they may have ceased to be such at the time when such instruments shall be ixuwd. C\ V4T71TE55 '%7EREOF. the Company has caused these presents to be signed and attested by its appropriate offtcrts and its corporate seal hereunto affixed flu+ "a day of %lay , :013— .t • %ti , Attest Berkle-; ln;urance Company B" 14*446&:� Pbrhp S la'eh Jeffre Nf Malliff �. all••' Exmuti%r Vice President & Secretaay Senior Vice Preudent STATE OF CO'%NECTIC i-7 ► ) ss: COt-N71' OF f AIRFIELD 1 Sworn to before me a Notary Public in the State of Connecticut flits —"'i _ dad• of 'VL1}_ _'0_'a . by Philip S Writ and kfftey hl Haftet who we sworn to me to be the Executive Vice President and Sixtetxv and the Senior Vice President_ resneetrt-eh of Berkley Insurance Cocumv MAP it. C RLP436AIC I I40TAFVY P08M (X, M:.CT*C.JT Notan• K-blir state of ConwMettt WOOMIA"" D"nLZ 04 30 2a:D CERTIFICATE L ti a uixtet.igued. Assi+taut wzirtmt of BERKLEY INSURANCE COMPANY DO HEREBY C'ERTffYthat the foregomir is a true. coned and complete copy of the on frnal Power of Attorney. that sad Posner of .knormey has not been revoked of ie-cCwded xmd that the authority of the Attmiey m-Fact wn forth there= vrbo execiiteJ the bond or underukurg to whxh this Pown of Anom {`it attached, is to full force and effect as of this date ` Chvetr under tuv hand and seal of the Company. this Gth da..,oi June 2024 9 vownu P Faie 4. PRICING a. Proposals shall include all-inclusive pricing for the hauling and disposal of all solid waste received at the Fayetteville Transfer Station at a properly licensed and permitted disposal facility and for the daily transport of all solid waste received at the Fayetteville Transfer Station. The price and rates proposed shall remain firm for the first two (2) years of the contract. If there are any price increases/changes during the remainder of the Contract this information shall be included in the Proposal as well. • $52.22 T&D* - $14.67 Transport and $38.55 Disposal (23 ton minimum) • $55.22 T&D* - $16.77 Transport and $38.55 Disposal (20 Ton Minimum) (*Pricing is subject to 20 or 23 ton minimum and a per load fuel surcharge -See exceptions.) • $42.00 Disposal Only- this requires a 2-ton minimum. • $20.00 per cubic yard — Disposal Only of C&D Recycled Materials: Monthly reporting available of recycled or repurposed materials. Experience, Competence, and Capacity for Performance: Information reflecting the names, titles, and qualifications (including experience and technical competence) of the major personnel assigned to this specific project. We are honored to present our proposal as the incumbent waste disposal service provider in response to the City of Fayetteville's request for proposals regarding waste disposal and hauling services. With our extensive experience and in-depth understanding of the City's waste management needs, we are fully committed to maintaining our strong collaboration with the City. Our proposal includes a waste disposal plan customized to meet Fayetteville's specific requirements. We draw upon our years of service and our in-depth knowledge of the City's Transfer station operations. We leverage WM's Eco Vista's operational approach to ensure compliance and efficient waste disposal methods. We are pleased to continue our strategic partnership with Mr. Built Industries (MBI) for waste hauling services. This collaboration combines MBI's expertise in waste transportation with WM's unwavering commitment to environmental stewardship, offering a seamless and responsible waste transportation solution from the City of Fayetteville's Transfer station to the Eco Vista Landfill. We also take pride in highlighting the Renewable Natural Gas facility at the Eco Vista Landfill, demonstrating our joint dedication to sustainability and renewable energy initiatives. This facility, converting landfill gases to natural gas, aligns closely with WM's commitment to environmentally conscious waste management practices. We are eager to further strengthen our partnership with the City of Fayetteville and continue delivering innovative and sustainable waste management solutions. We have full confidence that our joint proposal with MBI will support the City's objectives of achieving efficient and environmentally responsible waste management practices. Our local City of Fayetteville service team embodies diverse backgrounds, skillsets, and job responsibilities, all connecting back to you - our customer. We have stood by the City through challenging times, whether stemming from economic, environmental, or governmental regulations, and we remain committed to providing the same seamless waste disposal and transportation services to the City in the future. Your Waste Management City of Fayetteville service team will include: Operations • Carl Simmons, Sr. District Manager Post Collections • Blake Small, District Manager Post Collections • Jodi Reynolds, Environmental Engineer • James Vernon, Public Sector Manager Name: Carl Simmons Position: Sr District Manager Post Collections EXPERIENCE Waste Management Tunica, MS Senior District Manager -Post Collections 2016 - Present ■ Oversee All aspects for Five Landfills, two transfer stations, One Recycling facility and provide daily support to managers within the area, ensuring quality and budget performances in Arkansas, Tennessee, and Mississippi. Waste Management Tunica, MS District Manager II -Post Collections 2011 - 2016 ■ Oversee All aspects for three Landfills, One transfer stations, One Recycling facility and Provide daily support to managers within the area, ensuring quality and budget performances in Arkansas, Tennessee, and Mississippi. Waste Management Tunica, MS District Manager I - Post Collections 2006 - 2011 ■ Manage the day-to-day operations for One Landfill, one transfer stations in Tennessee and Mississippi. Ensafe Engineering Memphis, TN Operations Manager 2005 - 2006 ■ Manage the day-to-day operations for all environmental remediation projects. Perma-Fix Environmental Services Orlando, FL Director External Services 2003 - 2005 ■ Direct oversight of All transportation, Customer Service, Government Services, and Field Services Division for all 12 of Perma-Fix's Industrial divisions. Perma-Fix Environmental Services Orlando, FL General Manager -Southeast 2000 - 2003 ■ Direct oversight for Four Hazardous Waste Treatment, Storage, and Disposal Facilities (Memphis, TN, Valdosta, GA, Orlando, FI, Davie, FL) Perma-Fix Environmental Services Memphis, TN Facility Manager -Memphis 1997 - 2000 ■ Manage day to day operations for All aspects of Hazardous Waste Treatment, Storage, and Disposal Facility. Laidlaw Environmental Services Greenbrier, TN Field Chemist 1995 - 1997 ■ Lab -pack and Treatment Chemist EDUCATION AND TRAINING Bachelors: Environmental Sciences and Chemistry 1995 Delta State University, Cleveland, MS Name: Blake Small Position: District Manager Post Collections High -performing leader with over 15 years of experience delivering successful improvements for business operations, profitability and team development. Resourceful project manager and compliance specialist with ability to thrive in fast- paced and changing environments, while sustaining operational accuracy and delivering results for optimal profitability, asset growth, & shareholder equity. EXPERIENCE WASTE MANAGEMENT Springdale, Arkansas District Manager 02/2017 to Current • Created and implemented programs, policies and procedures designed to effectively reduce or eliminate injuries and hazards in the workplace • Hired, trained, developed and monitored performance of staff at multiple locations • Administered day-to-day operations, including accounting and budget management, business development, performance metrics and customer service • Monitored business trend forecasts and adjusted budgets and operational plans to maximize growth and sustainability. ADVANCED FLUID TECHNOLOGIES INC. Sherwood, Arkansas Field Services Superintendent 05/2014 to 02/2017 • Diagnosed equipment malfunctions and completed repairs to restore equipment and maintain uptime • Collected, entered and analyzed data and created reports based on findings • Collaborated with staff to maximize customer satisfaction, streamline procedures and improve top and bottom- line growth. • Strengthened profit opportunities by developing key customer relationships and managing resources to meet sales objectives CANNON LANDFILL, LLC Pine Bluff, Arkansas Landfill Manager O1/2013 to 05/2014 • Operated, maintained and performed repairs on heavy equipment • Cleaned and lubricated equipment on regular schedules to maintain life of machinery and achieve consistent operations • Developed ways to control and reduce environmental impacts • Advised management on most effective ways of waste management and disposal procedures to avoid environmental contaminations WASTE MANAGEMENT Springdale, Arkansas Landfill Supervisor 10/2007 to 1212012 • Established and enforced clear goals to keep all employees on same level and working collaboratively • Established and maintained operating schedules to provide effective coverage for key areas and to achieve customer service objectives • Conducted regular inspections of facilities to check compliance with fire, hazard and safety guidelines EDUCATION AND TRAINING BBA: BUSINESS MANAGEMENT 05/2014 University of Arkansas at Little Rock, Little Rock, AR Name: Jodi Reynolds Position: Environmental Engineer WM (WASTE MANAGEMENT) Arkansas Environmental Protection Manager April 2013 - Present In my current position, I am responsible for environmental compliance at all WM within the State of Arkansas by communicating requirements to each site and aiding with compliance implementation. Coordinates across local, market area and corporate management utilizing environmental compliance planning software to design and track compliance tasks and designing creative hands-on training with each site. Prepares air compliance reporting and senior review of air permitting across portfolio of Arkansas sites. Developed and manages electronic environmental compliance file system that could be accessed corporate -wide. Develops environmental training materials, manuals and procedures for each site in Arkansas. Provides environmental compliance oversight Renewable Natural Gas Plant. Works with materials recycling facilities and sustainability offices to educate employees and the public on sustainability opportunities. Works with local government entities and regulatory authorities to stay on top of ever -changing environmental regulations and prove WM as a leader in environmental compliance. TERRACON CONSULTANTS, INC Natural Resource Section Manager May 2004 - March 2013 As a section leader at Terracon, I had the opportunity to be a start to finish regulatory compliance partner for clients by offering responsive and customized regulatory compliance consulting services. My section worked with businesses of all sizes, from grassroots non -profits to Fortune 500 companies, to provide environmental site assessments, wetland delineations (mitigation, when needed), endangered species surveys, cultural resource survey coordination, air permitting and reporting, airport hazard assessments, asbestos surveys, risk assessments, NPDES permitting, stormwater management plans/pollution prevention plans and training programs, spill prevention, control and countermeasures plans and training programs, waste assessments and other services as needed. During my time at Terracon, I helped develop a recordkeeping system for waste services companies and implemented the system at numerous landfills across the U.S. ARKANSAS HIGHWAY AND TRANSPORTATION DEPARTMENT Arkansas Environmental Specialist June 2002 - February 2004 During my time with the AHTD, I was responsible to assist in the development and implementation of a statewide stormwater management program related to highway planning, design, construction activities, maintenance activities, and Department facilities throughout the State of Arkansas. Responsibilities also included site assessments at each of the 75 county facilities, and development of stormwater pollution prevention plans/spill prevention countermeasures and control plans for each facility, including site -specific training. TERRACON CONSULTANTS, INC Environmental Specialist August 1998 - June 2002 1 began my career in environmental regulatory compliance as a groundwater, stormwater and air sampling technician with Genesis Environmental Consulting. Other responsibilities included: Phase 1/11 Environmental Site Assessments, asbestos/lead-based paint sampling, stormwater inspections, wetland delineations, air permit preparation and reporting. EDUCATION AND TRAINING Bachelor of Science in Biology/Chemistry Henderson State University, Arkadelphia, AR 1994 - 1998 Name: James Vernon Position: Public Sector Manager Jamie will oversee the efforts of WM's team to verify that obligations, such as reporting, service verification, and customer outreach, are delivered per the contract, law, and company policy. He maintains knowledge about legislation, regulations, and local ordinances regarding WM's delivery of services. Jamie will oversee all aspects of this agreement and will work collaboratively with your staff to design and implement new services and programs in accordance with contractual requirements, changes in law, and your direction. Jamie has years of experience working with municipal and state governments across the county dealing disasters, communication issues, and public contracting. Jamie is a willing team member and will be there to assist the with any and all issues related to the waste hauling contract. WM (WASTE MANAGEMENT) Springdale AR Public Sector Manager February 2022 to current AG Witt LLC Arkansas Project Manager 2019 to 2022 • Oversee application process determining eligibility for FEMA public assistance for Municipal and State Governments • Project Management: Provide oversight, guidance, and development of project worksheets for clients to ensure the correct documentation of projects is provided to FEMA. • Facilitated procurement processes to secure contracts for disaster recovery relief services and/or federal grants management. Witt Global Partners Arkansas Governmental Affairs Manager 2015 to 2022 • Oversee application process determining eligibility for FEMA public assistance programs. Worked under Arkansas Game & Fish Commission and Arkansas Highway Department. Arkansas Homefurnishings Association Arkansas Governmental Affairs Manager 2011 to 2015 • Monitored and Developed legislation on behalf of the home furnishings industry in Arkansas • Developed relationships with local lawmakers and stakeholders to further the understanding of the issues facing the furniture industry in Arkansas FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) Arkansas Public Assistance Project Specialist 2011 to 2011 Oversee application process determining eligibility for FEMA public assistance programs. Worked under Arkansas Game & Fish Commission and Arkansas Highway Department. Performed cost analysis of site damage and documented in -progress projects through project worksheets. Determined disaster public assistance eligibility for multiple agencies in Arkansas. Witt Global Partners, LLC Little Rock, AR Associate Intern 2010 to 2011 Served as business development consultant. Researched potential business opportunities in hazard mitigation and emergency planning. Collaborated with office staff to develop project proposals and develop updating hazard mitigation plans. • Assisted in the development of project proposals for Fort Bend County, Texas Hazard Mitigation Update, Plaquemines Parish, and Los Angeles Emergency Operations Plan Update. • Managed client accounts, including recording billing, monitoring legislative activities, and updating clients, lobbying on behalf of clients to local legislators. Ross Rogers Equipment Company Scranton, AR Service Associate 2006 to 2010 Assisted customers by assembling and servicing hay and forage equipment. Managed website sales information, including assuring real-time accuracy of available equipment. Ordered applicable parts. Designed and updated sales advertisements. EDUCATION AND TRAINING Bachelor of Science/Emergency Management & Administration Arkansas Tech University, Russellville AR 2010 MBI Resumes James Lanenga, AVP, Mr. Builts Inc. Cell: 708-906-6192 E-mail: jslanenga@att.net or james.lanenga@mrbults.com Work Experience Summers of 1996 and 1997, Shop aid - National Waste Summer of 1998, Survey and Development - SDI Consultants (V-Three) Summer of 1999, Roll off Dispatch and Customer Service - Illinois Recycling Service (BFI at the time) 2000, Customer Service Representative - B.F.I. Melrose Park, IL 2001, Customer Service Representative - American Disposal, Springfield, MO (Allied Waste) August 2002-April 2003, Outside Sales - American Disposal, Springfield, MO (Allied Waste) April 2003-September 2003, Inside Sales - American Disposal, Springfield, MO (Allied Waste) September 2003-October 2004, Route Driver - American Disposal, Reeds Spring, MO (Allied Waste) November 2004-October 2007, Swing Driver -American Disposal, Reeds Spring, MO (Allied Waste) October 2007-July 2010, Field Superintendent - Cambridge Construction July 2010-November 2011, Operations Supervisor-- Republic Services November 2011-January 2013, Operations Manager - Republic Services January 2013 - October 2014, Central Region One Fleet Change Agent - Republic Services October 2014 - June 2016, Operations Manager - Republic Services June 2016- Current, AVID of Mr. Bults Inc. Larry Wass, Terminal Manager, Mr. Builts Inc 1348 Cato Springs Rd Fayetteville, AR 72701 479-435-8714 1 Iwass(obmrbults.com Experienced in daily and weekly transportation activities ensuring successful and seamless operations. Experience July 2015- present Terminal Manager • Mr. Bult's August 2011- July 2015 Owner/Operator • Wass Express January 2000- August 2011 Driver/Mechanic • Mr. Bult's Past Performance: Previous evaluations shall be considered a significant factor. If previous evaluations with the City are not available, the professional firm's past performance records with City and others will be used, including quality of work, timely performance, diligence, and any other pertinent information. Firm will provide a list of similar jobs performed and person whom the City can contact for information. Entities with Previous Work History with WM and MDI: Boston Mountain Solid Waste District: Contact: Robyn Reed: 479-846-4617 City of Dardanelle: Contact Mayor Jimmy Witt: 479-229-1022 City of Siloam Springs: Steve Gorszyzch: 479-228-4888 Carol County Solid Waste District: George Boatright: 479-253-2727 Marck Recycle and Waste: Wes Dougherty: 479-831-8940 Additional Performance Recommendations can be provided as requested. Additional Forms: June 6, 2024 WM's proposal in response to the City's RFP is conditioned on the following exceptions: 1. These exceptions are part of WM's bid proposal package and are intended to become part of the final negotiated contract between the parties and/or these exceptions should be included in the services agreement and contract documents (hereinafter the "Contract") referenced in Section 25 of the General Terms and Conditions (hereinafter the "Terms") on page 9 of the RFP. WM takes exception to certain language in Section 12 of the Terms on page 6 of the RFP that states the bidder agrees to make the proposed prices for this RFP available to all government entities. WM objects to this stipulation and requires individual governmental entities to bid separately for disposal services because service routes and equipment may be unique. WM wishes to clarify certain language in Section 14(a) of Terms on page 7 of the RFP concerning the right to audit WM's records. WM will maintain accurate records whereby the City may inspect any books, records and/or accounts, which shall be limited to information concerning WM's bonds, insurance, services provided, and rates charged perthe final contract. Beyond that, WM takes exception. The City shall not have the right to audit WM's records or books to determine profits or general administrative and overhead expenses. Additionally, WM requires prior reasonable written notice to audit such records at WM's corporate headquarters in Houston, TX. WM agrees to defend and indemnify the City against damages, claims, costs, and lawsuits to the extent arising out of WM's negligent acts or omissions and willful misconduct or its violation of any applicable law. WM takes exception to the indemnification language in Section 15 of the Terms on page 7 of the RFP, which is overbroad and would make WM responsible for potential claims or damages it did not cause. WM reserves the right to negotiate mutually agreeable language regarding its indemnification obligations. WM has sufficient insurance to meet the City's insurance policy limit requirements in Section 18 of the Terms on page 7 of the RFP; however, WM takes exception certain language in Section 18 regarding the City's additional insured status on grounds that additional insured status is not allowed on WM's workers' compensation nor its employer's liability policies. WM takes exception to the language in Section 20(a) of the Terms on page 8 of the RFP that allows the City to terminate the Contract without cause on 30 days' notice. WM is committing equipment and labor to provide its services and cannot agree to a termination without cause provision. Furthermore, WM requires the right to cure any alleged failures or deficiencies within 30 days after receipt of notice from the City before the City can terminate the Contract for cause. WM takes exception to the language that allows the City to immediately terminate the Contract for cause without a right for WM to cure. 7. WM objects to the language in Section 20(b) of the Terms on page 8 of the RFP pertaining to the City's right to immediately cancel the Contract in the event of an alleged breach of contract. WM requires the right to cure any alleged failures, deficiencies or breaches within 30 days after receipt of notice from the City before the City can terminate the Contract for cause. WM takes exception to the language that allows the City to immediately terminate the Contract for cause without a right for WM to cure. Regarding the language in Section 20(c) of the Terms on page 8 of the RFP pertaining to the City's right to cancel the Contact and obtain services from another source, WM requires that if its services are not satisfactory or are determined to be inconsistent with the Contract or the City's order that the City provide WM with written notice of the failure or alleged inconsistency and allow WM at least 30 days from receipt of such notice to cure the failure(s) or refute the inconsistency before the City has the right to terminate the Contract. Such notice to WM should normally be made close in time to the service date in question. 9. WM's proposal is based on being exclusively awarded all the transportation and disposal services encompassed within the RFP and included in WM's proposal. WM takes exception to the language in Section 22 of the Terms on page 8 of the RFP that allows the City to concurrently contract with other companies for similar work if the City deems such action to be in the Cit's best interest. 10. WM wishes to clarify the language in Section 24 of the Terms on page 9 of the RFP regarding the right of the City to request additional services under this RFP. WM requires that any such additional services shall be mutually agreed upon by WM and memorialized in a written amendment to the Contract that is been executed by both parties. To the extent otherwise, WM takes exception. 11. WM objects to the language in Section 4 of the Scope of Services and General Information (hereinafter the "Scope") on page 12 of the RFP requiring WM's rates to remain firm for the first two years of the Contract. WM requires a base rate for its services as set forth in the proposal, which the rate can be kept firm for only the first two years of the Contract. Thereafter, the base rate shall be adjusted annually based on the average monthly increase during the applicable 12-month period in the Consumer Price Index for Water, Sewer, and Trash. This methodology will be used annually during the initial and any renewal terms. The following is a representation of the annual rate adjustments calculation: Annual Adlustments. The parties agree that beginning on XXX and on each XXXX thereafter, the Base Rates will be adjusted by the percentage increase equal to the annual percentage change in the average Consumer Price Index, US City Average for All Urban Consumers, Water, Sewer Trash, Not Seasonally Adjusted, (published by the United States Bureau of Labor Statistics, Consumer Price Index (the "CPI") over the 12 most recently published months compared to the average CPI for the previous 12-month period. The CPI published on the first Monday priorto the end of the month (orthe first business day thereafter if such Monday is a Federal Holiday) shall be used to determine the monthly change. The annual percentage change shall be calculated by subtracting the average CPI value for the previous 12-months from the average CPI value for the most recent 12-month period, the result of which shall be divided by the prior 12-month period average. An example of the CPI annual increase calculation follows: January 2020 through December 2020 compared to January 2021 to December 2021 Index 2020 12-Month 2021 12- Change Applied Average Month Percentage Average Change CPI — Water, Sewer, 252.46 261.47 9.01 3.6% Trash (9.01 /252.46) The calculated change shall be carried to three places to the right of the decimal and rounded to the nearest thousandths. The percentage adjustment will be applied to the then current rates for services, as adjusted hereunder. In the event the U.S. Department of Labor, Bureau of Labor Statistics ceases to publish the CPI, the parties hereto agree to substitute another equally authoritative measure of change in the purchasing power of the U.S. dollar as may be then available so as to carry out the intent of this provision. 12. WM takes exception to the language in Section 6 of the Scope on page 13 of the RFP that says the City has the option to renew or extend the Contract. WM requires that any renewal options must be mutually agreed to by both parties in writing. 13. WM requires the final contract between the parties to include language that accurately reflects the scope of services and rights and obligations agreed to by the parties, as well as, necessary definitions, including but not limited to, the following: a.WM requires a definition for "Disposal Facility' to mean the landfill known as the Eco-Vista Landfill, located at 2210 WM Drive, Springdale, AR 72762, which is which is utilized, owned, and operated by WM and permitted to receive Solid Waste, Yard Waste, C&D and/or Special Waste by the applicable federal, state, and/or local agency. b.WM requires a definition for "Transfer Station" to mean the Fayetteville Solid Waste Transfer Station, located at 1560 S. Happy Hollow Road, Fayetteville, Arkansas 72701, which is utilized, owned and operated by the City and permitted to receive Solid Waste, Yard Waste, C&D and/or Special Waste by the applicable federal, state, and/or local agency. c.WM requires a definition for "Solid Waste" or "Waste" to mean all non -hazardous Garbage, Rubbish, Yard Waste and/or C&D that can legally be received at the Transfer Station and Disposal Facility. The term "Solid Waste" or "Waste" specifically excludes Unacceptable Waste. d.WM requires a definition for "Acceptable Waste" to mean Waste that may be legally received and accepted at the Transfer Station and the Disposal Facility. Acceptable Waste shall not include any Hazardous Waste, toxic wastes, Special Waste that has not been profiled and pre -approved in by WM in writing, as defined below and by Federal, State or local law or regulations, or any other waste, which is not acceptable under Federal, State or local law, regulations, or permit at the Transfer Station or Disposal Facility. e.WM requires a definition "Garbage" to mean Waste consisting of putrescible or 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, and all dead animals of less than ten pounds (10 Ibs) in weight, except those slaughtered for human consumption. f.WM requires a definition of "Yard Waste" to mean any vegetative matter resulting from private landscaping or regular yard maintenance, including, but not limited to, tree limbs, branches, yard debris, bagged grass clippings and bagged leaves, excluding items over six (6) feet long and four (4) inches in diameter. g.WM requires a definition of "Rubbish" to mean nonputrescible Solid Waste (excluding ashes), consisting of both combustible and noncombustible waste materials. Combustible rubbish includes paper, rags, cartons, wood, excelsior, furniture, rubber, plastics or similar materials; noncombustible rubbish 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). h.WM requires a definition of "Medical Waste" to mean Waste generated by health care related facilities and associated with health care activities, not including Garbage or Rubbish 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 in Ark. Code Ann. §20-32-101 (relating to Definitions). i.WM requires a definition for "Construction and Demolition Debris" or "C&D" to mean materials resulting from construction, remodeling, repair, or demolition operations. Such materials include, but are not limited to, dirt, sand, rock, bricks, plaster, gypsum wallboard, aluminum, glass, asphalt material, plastic pipe, roofing material, carpeting, concrete, wood, masonry, trees, remnants of new construction materials, including paper, plastic, carpet scraps, wood scraps, scrap metal, building materials, and packaging. With the exception of soil, concrete and asphalt, Construction and Demolition Debris does not include Unacceptable Waste. j.WM requires a definition for "Special Waste" to mean waste materials that require special handling and management due to the nature of the waste, including, but not limited to, the following: (i.) containerized waste (e.g. a drum, barrel, portable tank, box, pail, etc.), (ii.) waste transported in bulk tanker, (iii.) liquid waste, (iv.) sludge waste, (v.) waste from an industrial process, (vi.) waste from a pollution control process, (vii.) residue and debris from the cleanup of a spill or release of chemical(s), or (viii.) any other waste defined by applicable law, rule or regulation as "Special Waste." k.WM requires a definition for "Unacceptable Waste" to mean any waste or material that (i) the acceptance and handling of which by WM would cause a violation of any permit, condition, legal or regulatory requirement, (ii) can cause substantial damage to WM's equipment or facilities, (iii) presents a danger to the health or safety of the public or WM's employees, (iv) is or contains Hazardous Waste, industrial waste, liquid waste, Special Waste that has not been profiled and pre -approved by WM, untreated Medical Waste, dead animals weighing ten pounds (10 lbs.) or greater, (v) is or contains solid or dissolved material in domestic sewage, or solid or dissolved material in irrigation return flows, or industrial discharges subject to regulation by permit, or (vi) results from activities associated with the exploration, development, or production of oil or gas or geothermal resources, (vii) is or contains fuels, (viii) is or contains motor oil or paint, (ix) is or contains televisions, (x) is or contains batteries, (xi) is or contains florescent light bulbs, (xii) is or contains white goods (household appliances), (xiii) is or contains treated/de-characterized wastes, (xiv) is or contains any waste tires, (xivi) is or contains sludge, (xivii) is or contains waste or materials that may adversely affect the operations of the disposal facility or transfer station regardless if such waste or materials could be legally received, and/or (xiviii) is or contains other solid or liquid waste specifically prohibited for disposal at the Disposal Facility or Transfer Station by Arkansas Department of Environmental Quality (ADEQ) or any other regulatory agency having jurisdiction over such landfill, in accordance with applicable law. Title to and liability for Unacceptable Waste shall remain with the generator all times. WM has no obligation to accept, transport, process or dispose of any Unacceptable Waste. I.If the City tenders Unacceptable Waste in breach of the final negotiated contract between the parties, WM may in its sole discretion either remove, manage, handle, store, treat, and/or dispose of that Unacceptable Waste and charge the City for the costs, expenses, damages, fines, and penalties arising out of such activities or require the City to promptly remove, manage, handle, or dispose of the Unacceptable Waste from the Disposal Facility at the City's sole cost. The City shall pay or reimburse WM for any and all costs, damages and/or fines incurred as a result of or relating to the City's tender or delivery of Unacceptable Waste, including costs of inspection, testing, analysis, legal fees, professional consulting fees, or removal costs. m.A force majeure" clause providing that neither party shall be in default for its failure to perform or suspend performance, in whole or in part, due to events or threats of events beyond its reasonable control, whether or not foreseeable, including, but not limited to, fires, floods, tornadoes, hurricanes, ice storms, acts of war or terrorism, riots, epidemics, pandemics, imposition of new or modified domestic or foreign laws, governmental orders, acts of God, and the inability to obtain labor, materials or equipment due to the foregoing circumstances. The affected party shall be excused from performance during the occurrence of such events. n.lf the City fails to timely pay WM's invoices, WM shall have the right to assess a late fee or late charge to the extent allowed by law. WM also shall have, upon providing written notice to City, the right to suspend its services if payment is more than 60 days' past due. o.WM is entitled to an increase in its rates to offset changes in conditions that WM does not control, but which increase WM's costs, such as changes in or new governmental laws, ordinances, rules, regulations or the enforcement thereof, changes in landfill disposal rates, and other conditions that increase WM's costs. WM agrees to give the City thirty (30) days' written notice of such increase, and to provide documentation substantiating such increase. p.WM requires the City to pay a Quarterly True Up payment to WM if the City is performing the loading of Solid Waste at the Transfer Station. If the City does not achieve a twenty (20) or twenty-three (23) tons per load quarterly average(City selects 20 or 23 ton price structure), then the City shall pay to WM the difference for any short falls as set forth per the following example below ("Quarterly True Up„). Quarterly True up Example: Fayetteville to ECO at 23 tpl Minimum TPL: 23 Rate Per Ton: $14.67 Quarterly Total Tons: 1,000 Quarterly Total Loads: 45 Quarterly Average TPL (Total Tons/Total Loads): 22.22 Missed Average TPL (Minimum TPL-Quarterly Average TPL): 0.78 Missed Tons (Quarterly Total Loads x Missed Average TPL): 35 WM Pays MBI For Minimum Charges (Missed Tons x Rate Per Ton): $513.45 q.WM requires the City to pay a fuel surcharge in addition to the base rates for transportation, disposal and any Quarterly True Up payment. The City shall pay a fuel surcharge as follows ("Fuel Surcharge"): In the event that the price of fuel deviates from the threshold price per gallon, a mileage based fuel surcharge (or discount) shall be applied on a per haul basis. The surcharge will increase or decrease by one cent ($.01) per mile for every 5-cent increase or decrease in the price of diesel fuel above or below the threshold price of $3.00 per gallon, as determined by the corresponding per mile surcharge shown in the table below. Calculations shall be made the first week of each month based upon the United States Energy Information Administration's (EIA) U.S. On -Highway Diesel Fuel Price Index for PADD 2 (Midwest) price as reported on their website at http://www.eia.gov/petroleum/gasdiesel/ or phone no. (202) 586-6966, will be used as typically announced each Monday, or on Tuesday when Monday is a federal holiday*. FSC Calculator Fuel Base $ 3.00 Destination ECO VISTA Average Fuel Price based on: Round Trip Miles 44 EIA Padd 2 Middwest Surcharge/Mile Surcharge/Load $ 2.1501 to $ 2.20 $ (0.16) $ (7.04) $ 2.2001 to $ 2.25 $ (0.15) $ (6.60) $ 2.2501 to $ 2.30 $ (0.14) $ (6.16) $ 2.3001 to $ 2.35 $ (0.13) $ (5.72) $ 2.3501 to $ 2.40 $ (0.12) $ (5.28) $ 2.4001 to $ 2.45 $ (0.11) $ (4.84) $ 2.4501 to $ 2.50 $ (0.10) $ (4.40) $ 2.5001 to $ 2.55 $ (0.09) $ (3.96) $ 2.5501 to $ 2.60 $ (0.08) $ (3.52) $ 2.6001 to $ 2.65 $ (0.07) $ (3.08) $ 2.6501 to $ 2.70 $ (0.06) $ (2.64) $ 2.7001 to $ 2.75 $ (0.05) $ (2.20) $ 2.7501 to $ 2.80 $ (0.04) $ (1.76) $ 2.8001 to $ 2.85 $ (0.03) $ (1.32) $ 2.8501 to $ 2.90 $ (0.02) $ (0.88) $ 2.9001 to $ 2.95 $ (0.01) $ (0.44) $ 3.00 to $ 3.0499 $ - $ - $ 3.05 to $ 3.0999 $ 0.01 $ 0.44 $ 3.10 to $ 3.1499 $ 0.02 $ 0.88 $ 3.15 to $ 3.1999 $ 0.03 $ 1.32 $ 3.20 to $ 3.2499 $ 0.04 $ 1.76 $ 3.25 to $ 3.2999 $ 0.05 $ 2.20 $ 3.30 to $ 3.3499 $ 0.06 $ 2.64 $ 3.35 to $ 3.3999 $ 0.07 $ 3.08 $ 3.40 to $ 3.4499 $ 0.08 $ 3.52 $ 3.45 to $ 3.4999 $ 0.09 $ 3.96 $ 3.50 to $ 3.5499 $ 0.10 $ 4.40 $ 3.55 to $ 3.5999 $ 0.11 $ 4.84 $ 3.60 to $ 3.6499 $ 0.12 $ 5.28 $ 3.65 to $ 3.6999 $ 0.13 $ 5.72 $ 3.70 to $ 3.7499 $ 0.14 $ 6.16 $ 3.75 to $ 3.7999 $ 0.15 $ 6.60 $ 3.80 to $ 3.8499 $ 0.16 $ 7.04 $ 3.85 to $ 3.8999 $ 0.17 $ 7.48 $ 3.90 to $ 3.9499 $ 0.18 $ 7.92 $ 3.95 to $ 3.9999 $ 0.19 $ 8.36 $ 4.00 to $ 4.0499 $ 0.20 $ 8.80 $ 4.05 to $ 4.0999 $ 0.21 $ 9.24 $ 4.10 to $ 4.1499 $ 0.22 $ 9.68 $ 4.15 to $ 4.1999 $ 0.23 $ 10.12 $ 4.20 to $ 4.2499 $ 0.24 $ 10.56 $ 4.25 to $ 4.2999 $ 0.25 $ 11.00 $ 4.30 to $ 4.3499 $ 0.26 $ 11.44 $ 4.35 to $ 4.3999 $ 0.27 $ 11.88 $ 4.40 to $ 4.4499 $ 0.28 $ 12.32 $ 4.45 to $ 4.4999 $ 0.29 $ 12.76 $ 4.50 to $ 4.5499 $ 0.30 $ 13.20 $ 4.55 to $ 4.5999 $ 0.31 $ 13.64 $ 4.60 to $ 4.6499 $ 0.32 $ 14.08 $ 4.65 to $ 4.6999 $ 0.33 $ 14.52 $ 4.70 to $ 4.7499 $ 0.34 $ 14.96 $ 4.75 to $ 4.7999 $ 0.35 $ 15.40 $ 4.80 to $ 4.8499 $ 0.36 $ 15.84 $ 4.85 to $ 4.8999 $ 0.37 $ 16.28 $ 4.90 to $ 4.9499 $ 0.38 $ 16.72 $ 4.95 to $ 4.9999 $ 0.39 $ 17.16 $ 5.00 to $ 5.0499 $ 0.40 $ 17.60 $ 5.05 to $ 5.0999 $ 0.41 $ 18.04 $ 5.10 to $ 5.1499 $ 0.42 $ 18.48 $ 5.15 to $ 5.1999 $ 0.43 $ 18.92 $ 5.20 to $ 5.2499 $ 0.44 $ 19.36 $ 5.25 to $ 5.2999 $ 0.45 $ 19.80 $ 5.30 to $ 5.3499 $ 0.46 $ 20.24 $ 5.35 to $ 5.3999 $ 0.47 $ 20.68 $ 5.40 to $ 5.4499 $ 0.48 $ 21.12 $ 5.45 to $ 5.4999 $ 0.49 $ 21.56 $ 5.50 to $ 5.5499 $ 0.50 $ 22.00 $ 5.55 to $ 5.5999 $ 0.51 $ 22.44 $ 5.60 to $ 5.6499 $ 0.52 $ 22.88 $ 5.65 to $ 5.6999 $ 0.53 $ 23.32 $ 5.70 to $ 5.7499 $ 0.54 $ 23.76 $ 5.75 to $ 5.7999 $ 0.55 $ 24.20 $ 5.80 to $ 5.8499 $ 0.56 $ 24.64 $ 5.85 to $ 5.8999 $ 0.57 $ 25.08 $ 5.90 to $ 5.9499 $ 0.58 $ 25.52 $ 5.95 to $ 5.9999 $ 0.59 $ 25.96 $ 6.00 to $ 6.0499 $ 0.60 $ 26.40 $ 6.05 to $ 6.0999 $ 0.61 $ 26.84 $ 6.10 to $ 6.1499 $ 0.62 $ 27.28 $ 6.15 to $ 6.1999 $ 0.63 $ 27.72 $ 6.20 to $ 6.2499 $ 0.64 $ 28.16 $ 6.25 to $ 6.2999 $ 0.65 $ 28.60 $ 6.30 to $ 6.3499 $ 0.66 $ 29.04 $ 6.35 to $ 6.3999 $ 0.67 $ 29.48 $ 6.40 to $ 6.4499 $ 0.68 $ 29.92 $ 6.45 to $ 6.4999 $ 0.69 $ 30.36 $ 6.50 to $ 6.5499 $ 0.70 $ 30.80 $ 6.55 to $ 6.5999 $ 0.71 $ 31.24 $ 6.60 1 to 1 $ 6.6499 1 $ 0.72 1 $ 31.68 Table Continues above and below at same formula r.Definitions of terms and other language that accurately reflects the scope of services and the parties agreed upon obligations and rights. WM's prices and submission in response to this RFP is conditioned upon the parties' entry into a contract that is appropriate for the services being requested and that contains mutually acceptable terms to both parties. Neither WM nor the City has any obligation to sign a final contract without negotiation of the terms and each party's agreement to the final language. WM looks forward to working with City to reach mutually agreeable contract terms. Permits DIVISIONOF mwnRO IMRONMINTAL QUADII' NORM 1i"RE ROCK, •��� NORM LITTLE ROCn. AR )2118531] David Conrad 100 Two Pine Drive North Little Rock, AR 72117 NOTICE OF FINAL PERMITTING DECISION 1 E FINAL class OF i.i_ decision: 7. 2023 AFI1 12.11144; Puma Na 0290.54-1 - - NOTICE OFFINAL PERM rTTINGDECISION Eco Ysta.`C t Date of Decision: July 31, 2023 _ 22101a Management D.Ne SF-0— .r— 72762 AFIN: 72-00144; Fermi! No. 0290 51 R4 The Proctor ho un,Rd • final -—long dec— Im ew abo.e nfsranced Eco Vista, LLC e. F' 171 d.— was made upon consideration of the completed application, the public record.ardetha. materialzpro��ded bylaw or ng I.—spPcnble 1.N—PP-1—. 2210 Waste Management Drive ! Ef— March 17. 2023, tM Ahamas Department of Energy and Enwr —t, D.—,on of 5 ale, AR 72762 Pr'ngd Environmenul Owe,y (DEG) hasappmved the a I-t- bra Class 4 Parma Ewaml4n punuamtp Ahamas Pollution Coneel and Ecology Commrsvon IAPC&ECI Rule 22 for Parma No. 0290-54-R2 end AFIN4.5tmement of &as�aiarthe decaion and DEO'z Response to Commenb is evtilableon The Director has .,,.ad a final permitting difforetheabove referenced permit. The Diretto/s . ..c. DEC', wabsrca a wto adeo am ar_us7downlpadw+ebDabbasaz5ol�dWastemerminedFaolmasl decision was made upon consideration oldie, —pt.od appl,cati.n. the public comments on the GG-Do 83496.odf To requnt •copy of the documenu plea»-11501 L82-0865. record, and he, matenals provided by law or regulation appl'Icabla to the application. The applicant and any .n — ubmmad wbl- nso.d may-— commeae on the an The Arkansas Department of Energy and Envirorunent, O-sron of Environmental Quality IDEQI has edluM.1 hearing and Commission rar;aw o1 the foal permimng tledabn as provitlad by APC.EC Rule &, Chap-6 . eeu lad a final per-ft, ng decision approving the application for a Cie. 1 Landfill ERpermlon pursuant 1, Kann 131— hereby comfy that this NOTICE OF FINAL PERMITTING DECISION iswed on to Arkansas Pollution Control and Ecology Commission (APC&EC) Rule 22 for AFIN 72-00144: March 112023,h.sbeen mulad by fist den mail tol1eaddnsseeof1hispos1— Permit No. 0290-51-R4. A Statement of Bean for the C.ci—n and DEQ's Response 1. Comments is evalable on DEQrs wemize a, rw deq.sbab.at.w/dswanbads/1MobD*Ub a s/SolidwaAe/ hseiroedFedlltl-M—Doo/9"119.pdf. Raven a— Theroots,ofthefinal permittingdecision wasmailed 1. theapplicanton July 31,2023. The —fi.t. of service for this final pM M,9 id-- as required by APC&EC Rule B. is part of the permitting acond and—1ablethrough the hyperlink above. The applicant and any person who submitted public comments on the —rd may request an adrydicatory hean,9 and Commission rer;ew of the final perminsng decision as provided by APC&EC Rule 8, Chapter 6. /` iER ,O-, DIVISION of EWRONMEMALOBALITY I*I ' 30t NORTeSNORE pRrvE 3119.a317 aN-T—ITTLE11-1 AM Permits Certificate of Insurance DATE TILwoo YYYI AC"ROM CERTIFICATE OF LIABILITY INSURANCE r'L2025 3i 15,/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVFRAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER. AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the P0IICy(Ies) must have AUDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may reauire an endorsement, A statement on this certillcato does not confer rights to the CwUficate holder In lieu of auch endorsement al, PRODUCER LOCKTON COMPANIES CT NAVE 3657 BRIARPARK DRIVE, SUITE 700 ►HONF FAX HOUSTON TX 77042 6aA1L ADDRESS. 866-260-3539 INSOMRISI AFFORDING COVERAGE NAICa INSURFR A Indemnity insurance Co of North America 43575 INSURED WASTE MANAGENIFNT HOLDINGS, INC. & ALL AFFILIATE 1300299 RELATED & SUBSIDIARY COMPANIES INCLUDING: INSURERS : ACE American Insurance Com an ' 22667 INSURER c ACE Fire tJndcrwriter% Insurance CGm anv 20702 WASTE MANAGEMENT INC. INSURER D ACE Property and Casualty Insurance Company 20699 2553 MERIDIAN BOULEVARD, SUITE 200 IN 37067 INSURER IFFRANKLIN INSURER F . COVERAGES CERTIFICATE NUMBER: 20384280 REVISION NUMBER: )OCXXXXN THIS IS 10 CERTIFY THAT THE POLICIES OF INSJRANCE LIS'ED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT 10 WI -IC- THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT 'O ALL THE TERMS, S. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAWS. ILTR TYPE OF INSURANCE ADM POLICY NUMBER MMIUODn'EFF (W)DOMMI EXP LIMITS R X COMMERCIAL GENERAL LIABILITY CLAIM:iNAI* 5x] DCCUH Y Y HDO G4M2339 M 12024 1 A.'2025 FA;H OCCLRRF4CF S 5 000 000 PRFMBF9 F• u-unanp 1 S "000 • MET) FXP'M nnn nwn S XXXXXXX XCU INCLUDED X ISO FORM CG00010413 PLIRSONAL & ADV INJURY S 5 000 000 OFNI AGGREGATE L MIT APPL FS PER OENFRAL AOORFCATE S 6,000,000 POLICY M JECCTT LOC PRODUCTS-COMPrOPAGG 1 6,000,000 S UTI4EN B AUTOMOBILE LIABILITY y y NfNtTH!0922294 U1,2M4 I 1 !121 20.1- ritSINGLF LIMIT 3 1 M0000 BOOT-YINAIRYIPerpe o S XXXXXXX ANYAJTO X OMEDAUTOS CALrNSCHEDULED X AHIRED UTOS ON. Y AUN-0WONLUTOSY BOOI.Y INJURY for socidanl) 1 XXXXXXX PROPER'Y DA\1AOE S XXXXXXX s XJOCXXXX X MCS-40 D UMBRELLA UAB W OCCUR Y Y XI I T G27929242 009 I/V2024 U112025 EACH OCCLAIRF4CF S 15 DOD 000 AGGRLGAIL $ 1500000(1 EXCESS LIAR I I CLAIMSJIAGL OLD I I RL'L4111JNS M XXXXXXX A B C WORKERS COMPENSATION NEMYS'LAeIY WYPRWRILTURmAInI4LR"LCUINE YIN OFHCERaEMBERLXCLUDEDT MoMM" in NH) O NrA Y WLRC55517010 AOSI WLRC55516991 AZ,CA&MA SCF C55170( I) 1/1112024 1/12024 I/172024 UP202 1i1.'2025 2 H X PAR UE OER F,L,EAHACO 00 E.L. DISEASE • EA EMPLOYEE f 3 000000 II yyeea. deacrEe urea DESCRpTION OF OPEMTWNS Edcw E,L, DISEASE -POIICV LIMIT S 000 B FXCESSALTO Y Y XSA H10822233 VU2024 IiU2025 COMBINED SINGLE LIMIT I I A 111L ITY 59,000.0DO (EACH ACCIDENT) Of DCSCRIPTION OF OPERATIONS r LOCATIONS! VEIMCLES (ACOILD 151, AcIft-al R-4. SCMM da. may be anscrNd It mon apaca Is nNoikee BLANKET OF SUBROGATION IS GRANTED IN FAVOR OF CERTIFICATE HOLDER ON ALL POLICIES WHERE AND TO THE EXTENT REQUIRED BY WRITTEN CONTRACT WHERE PERMISSIBLE BY LAW. CERTIFICATE HOLDER IS NAMED AS AN ADDITIONAL INSURED ON ALL POLICIES (EXCEPT FOR W 0RKERS'COMPIEMPLOYHR'S LIABILITY) WHEREANU'h0 THE EXTENT RN UIRED BY WRl'I'I'F_N CON'IRA('I'. 20384280 I -OR BID PURPOSE ONLY SHOU_D ANY OF TFE ABOVE DESCRIBED POLICIES BE CANCELLEC BEFORE THE EXPIRATION DATE T)-EREOF, NOTICE WI-- BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE y C� 191s8.201 S ACORD CORPORATION. All rights reserved, ACORD 25 (201&03) The ACORD name and logo are rrg stored marks of ACORD Document about: srcdoc Details For service of process contact the Secretary of State's office. LLC Member information is now confidential per Act 865 of 2007 For access to our corporations bulk data download service click here. Corporation Name ECO-VISTA, LLC Fictitious Names WASTE MANAGEMENT - TONTITOWN LANDFILL Filing # 100186302 Filing Type Limited Liability Company Filed Under Act Domestic LLC; 1003 of 1993 Status Good Standing Principal Address Reg. Agent C T CORPORATION SYSTEM Agent Address 320 S. IZARD STREET LITTLE ROCK, AR 72201 Date Filed 06/13/2000 Officers WASTE MANAGEMENT OF ARKANSAS, INC., Manager MARK A. LOCKETT, Tax Preparer SEE FILE, Incorporator/Organizer Foreign Name 1 of 2 11/27/2024, 11:44 AM Document about: srcdoc Foreign Address State of Origin Purchase a Certificate of Good Standing for this Entity_ Pay Franchise Tax for this corporation 2 of 2 11/27/2024, 11:44 AM I is APPENDIX A City of Fayetteville, Arkansas CITY O F Purchasing Division — Room 306 F AY E T T E V I L L E 113 W. Mountain A R K A N S A S Fayetteville, AR 72701 Phone: 479.575.8256 TDD (Telecommunication Device for the Deaf): 479.521.1316 Request for Proposal: RFP 24-09, Waste Transfer and Disposal Services DEADLINE: Thursday, June 6, 2024 before 2:00 PM, local time PRE -PROPOSAL CONFERENCE: Wednesday, May 22, 2024 at 3:00 PM, in person at the RTC Division, 1560 S. Happy Hollow Rd., Fayetteville, AR 72701 SR. PURCHASING AGENT: Amanda Beilfuss, abeilfuss@fayetteville-ar.gov DATE OF ISSUE AND ADVERTISEMENT: 05/12/2024 REQUEST FOR PROPOSAL RFP 24-09. Waste Transfer and Disposal Services No late proposals shall be accepted. RFP's shall be submitted through the City's third -party electronic bidding platform or by submitting a sealed physical proposal to the City of Fayetteville, Purchasing Division at the below location. City of Fayetteville Purchasing Division — Room 306 113 West Mountain Street Fayetteville, AR 72701 All proposals shall be submitted in accordance with the attached City of Fayetteville specifications and documents attached hereto. Each Proposer is required to fill in every blank and shall supply all information requested; failure to do so may be used as basis of rejection. The undersigned hereby offers to furnish & deliver the articles or services as specified, at the prices & terms stated herein, and in strict accordance with the specifications and general conditions of bidding, all of which are made a part of this offer. This offer is not subject to withdrawal unless upon mutual written agreement by the Proposer/Bidder and City Purchasing Director. City of Fayetteville, AR RFP 24-09, Waste Transfer and Disposal Services Page 1 of 18 City of Fayetteville RFP 24-09, Waste Transfer and Disposal Services Advertisement City of Fayetteville, AR Request for Proposal RFP 24-09, Waste Transfer and Disposal Services The City of Fayetteville, Arkansas, is now accepting proposals from properly licensed professionals for the daily transport and disposal of all solid waste received at the Fayetteville Solid Waste Transfer Station. Any questions regarding this RFP shall be directed to Amanda Beilfuss, City of Fayetteville Sr. Purchasing Agent at abeilfuss@fayetteville-ar.gov or (479) 575-8220. Solicitation documents and addenda shall be obtained at the City of Fayetteville Purchasing Division's electronic bidding platform at www.fayetteville-ar.gov/bids. All proposals shall be received by Thursday, June 6, 2024 before 2:00 PM, Local Time utilizing the electronic bidding software or by submitting a sealed physical proposal to the City of Fayetteville, Purchasing Division. All proposals are due before the time stated. No late proposals shall be accepted. Submitting electronically is strongly encouraged. The City of Fayetteville shall not be responsible for lost or misdirected proposals, or for failure of proposer's technical equipment. A non -mandatory pre -proposal conference will be held Wednesday, May 22, 2024 at 3:00 PM in the Conference Room at the Recycling Trash Division, 1560 S. Happy Hollow Rd., Fayetteville, AR 72701. Information regarding the pre -proposal conference is available on the project page on the City's electronic bidding platform. All interested parties are strongly encouraged to attend. A one hundred percent (100%) performance bond is required with the contract award. All interested parties shall be qualified to do business and licensed in accordance with all applicable laws of the state and local governments where the project is located. Proposers shall have a current, valid registration with the Arkansas Secretary of State at time of RFP deadline OR be able to provide proof of registration before recommendation of award to Fayetteville City Council. The City of Fayetteville reserves the right to reject any or all Proposals and to waive irregularities therein, and all parties agree that such rejection shall be without liability on the part of the City of Fayetteville for any damage or claim brought by any interested party because of such rejections, nor shall any interested party seek any recourse of any kind against the City of Fayetteville because of such rejections. The filing of any Statement in response to this invitation shall constitute an agreement of the interested party to these conditions. City of Fayetteville By: Amanda Beilfuss, Sr. Purchasing Agent P: 479.575.8220 abeilfuss@fayetteville-ar.gov TDD (Telecommunications Device for the Deaf): (479) 521-1316 Date of advertisement: 05/12/2024 This publication was paid for by the Purchasing Division of the City of Fayetteville, Arkansas. Amount paid: $204.10 City of Fayetteville, AR RFP 24-09, Waste Transfer and Disposal Services Page 2 of 18 City of Fayetteville RFP 24-09, Waste Transfer and Disposal Services SECTION A: General Terms & Conditions 1. SUBMISSION OF A PROPOSAL SHALL INCLUDE: Each proposal shall contain the following at a minimum. Proposer must also address detailed requirements as specified in the Scope of Work. a. A written narrative describing the method or manner in which the Proposer proposes to satisfy requirements of this RFP in the most cost-effective manner. The term Proposer shall be in reference to a firm or individual responding to this solicitation. b. A description of the Proposer's experience in providing the same or similar services as outlined in the RFP. This description should include the names of the person(s) who will provide the services, their qualifications, and the years of experience in performing this type of work. Also, include the reference information requested in this RFP. c. The complete fee and cost to the City for all services outlined in this RFP. d. Statement should be no more than twenty-five (25) pages; single sided, standard, readable, print on standard 8.5x11 documents. Proposers shall also submit a three (3) page (maximum) executive summary. The following items will not count toward the twenty -five -page limitation: appendix, cover sheet, 3-page executive summary, resumes (resumes shall be no more than 1 page per person), and forms provided by the City for completion. Submitting and responding to this RFP: Proposals shall be prepared simply and economically, providing a straightforward, concise description of its ability to meet the requirements for the project. Fancy bindings, colored displays, and promotional material are not required. Emphasis should be on completeness and clarity of content. All documents physically submitted should be typewritten on standard 8 %" x 11" white papers and bound in one volume. Exceptions would be schematics, exhibits, one -page resumes, and City required forms. Limit proposal to twenty-five (25) pages or less, excluding one -page team resumes, references, and forms required by the City for completion. All proposals shall be sealed upon delivery to the City of Fayetteville. 1. Option 1 —Electronic Submittal (strongly encouraged): Proposers can go to www.favetteville-ar.gov/bids and follow the prompts to submit a proposal within the electronic bidding platform. If a proposal is submitted electronically, a physical submission is not necessary. All Proposers must register in order to be able to submit. There is no fee for registration. 2. Option 2 — Physical Submittal: All Proposers shall submit one (1) original copy of their proposal as well as one (1) electronic copy on a properly labeled USB or other electronic media device. The electronic copy submitted shall be contained into one single electronic file and shall be identical to the hard copies provided. The use of Adobe PDF documents is strongly recommended. Files contained on an USB or electronic media shall not be restricted against saving or printing. Electronic copies shall not be submitted via e-mail to City of Fayetteville, AR RFP 24-09, Waste Transfer and Disposal Services Page 3 of 18 City employees by the Proposer and shall be provided to the City in a sealed manner. Fed Ex, UPS, USPS, or other packages should be clearly marked with the RFP number on the outside of the mailing package. e. Proposals will be reviewed following the stated deadline, as shown on the cover sheet of this document. Only the names of Proposer's will be available after the deadline until a contract has been awarded by the Fayetteville City Council. All interested parties understand proposal documents will not be available until after a valid contract has been executed. f. Proposers shall submit a proposal based on documentation published by the Fayetteville Purchasing Division. g. Proposals must follow the format of the RFP. Proposers should structure their responses to follow the sequence of the RFP. h. Proposers shall have experience in work of the same or similar nature and must provide references that will satisfy the City of Fayetteville. Proposer shall furnish a reference list of clients for whom they have performed similar services and must provide information as requested in this document. i. Proposer is advised that exceptions to any of the terms contained in this RFP or the attached service agreement must be identified in its response to the RFP. Failure to do so may lead the City to declare any such term non-negotiable. Proposer's desire to take exception to a non-negotiable term will not disqualify it from consideration for award. j. Local time shall be defined as the time in Fayetteville, Arkansas on the due date of the deadline. Documents shall be received before the deadline time as shown by the atomic clock located in the Purchasing Division Office or electronic clock located in the City's third -party bidding software. 2. WRITTEN REQUESTS FOR INTERPRETATIONS OR CLARIFICATION: No oral interpretations will be made to any firms as to the meaning of specifications or any other contract documents. All questions pertaining to the terms and conditions or scope of work of this proposal must be sent in writing via e-mail to the Purchasing Department. Responses to questions may be handled as an addendum if the response would provide clarification to the requirements of the proposal. All such addenda shall become part of the contract documents. The City will not be responsible for any other explanation or interpretation of the proposed RFP made or given prior to the award of the contract. 3. DESCRIPTION OF SUPPLIES AND SERVICES: Any manufacturer's names, trade name, brand name, catalog number, etc. used in specifications are for the purpose of describing and establishing general quality levels. Such references are NOT intended to be restrictive. Proposals shall be considered for all brands that meet the quality of the specifications listed for any items. 4. RIGHTS OF CITY OF FAYETTEVILLE IN REQUEST FOR PROPOSAL PROCESS: In addition to all other rights of the City of Fayetteville, under state law, the City specifically reserves the right to the following: City of Fayetteville, AR RFP 24-09, Waste Transfer and Disposal Services Page 4 of 18 a. The City of Fayetteville reserves the right to rank firms and negotiate with the highest-ranking firm. Negotiation with an individual Proposer does not require negotiation with others. b. The City of Fayetteville reserves the right to select the proposal it believes will serve the best interest of the City. c. The City of Fayetteville reserves the right to accept or reject any or all proposals. d. The City of Fayetteville reserves the right to cancel the entire request for proposal. e. The City of Fayetteville reserves the right to remedy or waive technical or immaterial errors in the request for proposal or in proposals submitted. f. The City of Fayetteville reserves the right to request any necessary clarifications, additional information or proposal data without changing the terms of the proposal. g. The City of Fayetteville reserves the right to make selection of the Proposer to perform the services required on the basis of the original proposals without negotiation. h. The City reserves the right to ask for a best and final offer from one or more Proposers. The best and final offer process is not guaranteed; therefore, Proposers shall submit and respond to this RFP on the most favorable terms available. 5. EVALUATION CRITERIA: The evaluation criterion defines the factors that will be used by the selection committee to evaluate and score responsive, responsible and qualified proposals. Proposers shall include sufficient information to allow the selection committee to thoroughly evaluate and score proposals. Each proposal submitted shall be evaluated and ranked by a selection committee. The contract will be awarded to the most qualified Proposer, per the evaluation criteria listed in this RFP. Proposers are not guaranteed to be ranked. 6. COSTS INCURRED BY PROPOSERS: All expenses involved with the preparation and submission of proposals to the City, or any work performed in connection therewith, shall be borne solely by the Proposer(s). No payment will be made for any responses received, or for any other effort required of, or made by, the Proposer(s) prior to contract commencement. 7. ORAL PRESENTATION: An oral presentation and/or interview may be requested of any firm, at the selection committee's discretion. 8. CONFLICT OF INTEREST: a. The Proposer represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance or services required hereunder, as provided in City of Fayetteville Code Section 34.26 titled "Limited Authority of City Employee to Provide Services to the City". b. The Proposer shall promptly notify Amanda Beilfuss, City Sr. Purchasing Agent, in writing, of all potential conflicts of interest for any prospective business association, interest, or other circumstance which may City of Fayetteville, AR RFP 24-09, Waste Transfer and Disposal Services Page 5 of 18 influence or appear to influence the Proposer's judgment or quality of services being provided. Such written notification shall identify the prospective business association, interest or circumstance, the nature of which the Proposer may undertake and request an opinion to the City as to whether the association, interest or circumstance would, in the opinion of the City, constitute a conflict of interest if entered into by the Proposer. The City agrees to communicate with the Proposer its opinion via e-mail or first-class mail within thirty days of receipt of notification. 9. WITHDRAWAL OF PROPOSAL: A proposal may be withdrawn prior to the time set for the proposal submittal based on a written request from an authorized representative of the firm; however, a proposal shall not be withdrawn after the time set for the proposal. 10. LATE PROPOSAL OR MODIFICATIONS: a. Proposal and modifications received after the time set for the proposal submittal shall not be considered. Modifications in writing received prior to the deadline will be accepted. The City will not be responsible for misdirected bids. Proposers refer to their submission status in the online bidding portal or call the Purchasing Division at (479) 575-8220 to ensure receipt of their submittal documents prior to opening time and date listed. b. The time set for the deadline shall be local time for Fayetteville, AR on the date listed. All proposals shall be received in the Purchasing Division BEFORE the deadline stated. The official clock to determine local time shall be the atomic clock located in the Purchasing Division, Room 306 of City Hall, 113 W. Mountain, Fayetteville, AR. 11. CONSTITUTIONAL, STATE, AND FEDERAL COMPLIANCE REQUIREMENTS: The laws of the State of Arkansas apply to any purchase made under this request for proposal. Proposers shall comply with all constitutional, state, and federal directives, orders and laws as applicable to this proposal and subsequent contract(s) including but not limited to Equal Employment Opportunity (EEO), Disadvantaged Business Enterprises (DBE), & OSHA as applicable to this contract. 12. PROVISION FOR OTHER AGENCIES: Unless otherwise stipulated by the Proposer, the Proposer agrees to make available to all Government agencies, departments, municipalities, and counties, the proposal prices submitted in accordance with said proposal terms and conditions therein, should any said governmental entity desire to buy under this proposal. Eligible users shall mean all state of Arkansas agencies, the legislative and judicial branches, political subdivisions (counties, local district school boards, community colleges, municipalities, counties, or other public agencies or authorities), which may desire to purchase under the terms and conditions of the contract. 13. COLLUSION: The Proposer, by affixing his or her signature to this proposal, agrees to the following: "Proposer certifies that their proposal is made without previous understanding, agreement, or connection with any person, firm or corporation making a proposal for the same item(s) and/or services and is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action." City of Fayetteville, AR RFP 24-09, Waste Transfer and Disposal Services Page 6 of 18 14. RIGHT TO AUDIT, FOIA, AND JURISDICITON: a. The City of Fayetteville reserves the privilege of auditing a Contractor's records as such records relate to purchases between the City and said Contractor. b. Freedom of Information Act: City contracts and documents prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the (contractor) will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19- 101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. c. Legal jurisdiction to resolve any disputes shall be Arkansas with Arkansas law applying to the case. 15. CITY INDEMNIFICATION: The successful Proposer(s) agrees to indemnify the City and hold it harmless from and against all claims, liability, loss, damage or expense, including but not limited to counsel fees, arising from or by reason of any actual or claimed trademark, patent or copyright infringement or litigation based thereon, with respect to the services or any part thereof covered by this order, and such obligation shall survive acceptance of the services and payment thereof by the City. 16. VARIANCE FROM STANDARD TERMS & CONDITIONS: All standard terms and conditions stated in this request for proposal apply to this contract except as specifically stated in the subsequent sections of this document, which take precedence, and should be fully understood by Proposers prior to submitting a proposal on this requirement. 17. ADA REQUIREMENT FOR PUBLIC NOTICES & TRANSLATION: Persons with disabilities requiring reasonable accommodation to participate in this proceeding/event, should call 479.521.1316 (telecommunications device for the deaf), no later than seven days prior to the deadline. Persons needing translation of this document shall contact the City of Fayetteville, Purchasing Division, immediately. 18. CERTIFICATE OF INSURANCE: The successful bidder shall provide a Certificate of Insurance in accordance with the following guidelines, prior to commencement of any work: $1,000,000 Commercial Liability, Statutory Worker's Compensation, and General Automotive, if applicable. SUCH CERTIFICATE SHALL LIST THE CITY OF FAYETTEVILLE AS AN ADDITIONAL INSURED. LISTING THE CITY OF FAYETTEVILLE AS A CERTIFICATE HOLDER ONLY IS NOT AN ACCEPTABLE SUBSTITUTE. CERTIFICATE OF INSURANCE MUST INCLUDE THE ENDORSEMENT SHOWING THE CITY OF FAYETTEVILLE LISTED AS AN ADDITIONAL INSURED. Insurance shall remain valid, when applicable, throughout project completion. 19. PAYMENTS AND INVOICING: The Proposer must specify in their proposal the exact company name and address which must be the same as invoices submitted for payment as a result of award of this RFP. Further, the successful Proposer is responsible for immediately notifying the Purchasing Division of any company name change, which would cause invoicing to change from the name used at the time of the original RFP. Payment will be made within thirty days of invoice received. The City of Fayetteville is very credit worthy and will not pay any interest or City of Fayetteville, AR RFP 24-09, Waste Transfer and Disposal Services Page 7 of 18 penalty for untimely payments. Payments can be processed through Proposer's acceptance of Visa at no additional costs to the City for expedited payment processing. The City will not agree to allow any increase in hourly rates by the contract without PRIOR Fayetteville City Council approval. 20. CANCELLATION: a. The City reserves the right to cancel this contract without cause by giving thirty (30) days prior notice to the Contractor in writing of the intention to cancel or with cause if at any time the Contractor fails to fulfill or abide by any of the terms or conditions specified. Failure of the contractor to comply with any of the provisions of the contract shall be considered a material breach of contract and shall be cause for immediate termination of the contract at the discretion of the City of Fayetteville. c. In addition to all other legal remedies available to the City of Fayetteville, the City reserves the right to cancel and obtain from another source, any items and/or services which have not been delivered within the period of time from the date of order as determined by the City of Fayetteville. d. In the event sufficient budgeted funds are not available for a new fiscal period, the City shall notify the Contractor of such occurrence and contract shall terminate of the last day of the current fiscal period without penalty or expense to the City. 21. ASSIGNMENT. SUBCONTRACTING. CORPORATE ACQUISITIONS AND/OR MERGERS: The Contractor shall perform this contract. No assignment of subcontracting shall be allowed without prior written consent of the City. If a Proposer intends to subcontract a portion of this work, the Proposer shall disclose such intent in the proposal submitted as a result of this RFP. b. In the event of a corporate acquisition and/or merger, the Contractor shall provide written notice to the City within thirty (30) calendar days of Contractor's notice of such action or upon the occurrence of said action, whichever occurs first. 22. NON-EXCLUSIVE CONTRACT: Award of this RFP shall impose no obligation on the City to utilize the Contractor for all work of this type, which may develop during the contract period. This is not an exclusive contract. The City specifically reserves the right to concurrently contract with other companies for similar work if it deems such an action to be in the City's best interest. In the case of multiple -phase contracts, this provision shall apply separately to each item. 23. LOBBYING: Lobbying of selection committee members, City of Fayetteville employees, or elected officials regarding request for proposals, request for qualifications, bids or contracts, during the pendency of bid protest, by the bidder/proposer/protestor or any member of the bid der's/proposer's/protestor's staff, and agent of the bidder/proposer/protestor, or any person employed by any legal entity affiliated with or representing an organization that is responding to the request for proposal, request for qualification, bid or contract, or has a pending bid protest is strictly prohibited either upon advertisement or on a date established by the City of Fayetteville and shall be prohibited until either an award is final or the protest is finally resolved by the City of Fayetteville; provided, however, nothing herein shall prohibit a prospective/bidder/proposer from City of Fayetteville, AR RFP 24-09, Waste Transfer and Disposal Services Page 8 of 18 contacting the Purchasing Division to address situations such as clarification and/or questions related to the procurement process. For purposes of this provision lobbying activities shall include but not be limited to, influencing or attempting to influence action or non -action in connection with any request for proposal, request for qualification, bid or contract through direct or indirect oral or written communication or an attempt to obtain goodwill of persons and/or entities specified in this provision. Such actions may cause any request for proposal, request for qualification, bid or contract to be rejected. 24. ADDITIONAL REQUIREMENTS: The City reserves the right to request additional services relating to this RFP from the Proposer. When approved by the City as an amendment to the contract and authorized in writing prior to work, the Contractor shall provide such additional requirements as may become necessary. 25. SERVICES AGREEMENT: A written agreement, in substantially the form attached, incorporating the RFP and the successful proposal will be prepared by the City, signed by the successful Proposer and presented to the City of Fayetteville for approval and signature of the Mayor. 26. INTEGRITY OF REQUEST FOR PROPOSAL (RFP) DOCUMENTS: Proposers shall use the original RFP form(s) provided by the Purchasing Division and enter information only in the spaces where a response is requested. Proposers may use an attachment as an addendum to the RFP form(s) if sufficient space is not available on the original form for the Proposer to enter a complete response. Any modifications or alterations to the original RFP documents by the Proposer, whether intentional or otherwise, will constitute grounds for rejection of such RFP response. Any such modifications or alterations a Proposer wishes to propose shall be clearly stated in the Proposer's RFP response and presented in the form of an addendum to the original RFP documents. 27. OTHER GENERAL CONDITIONS: a. Proposers must provide the City with their proposals signed by an employee having legal authority to submit proposals on behalf of the Proposer. The entire cost of preparing and providing responses shall be borne by the Proposer. b. The City reserves the right to request any additional information it deems necessary from any or all Proposers after the submission deadline. c. This solicitation is not to be construed as an offer, a contract, or a commitment of any kind; nor does it commit the City to pay for any costs incurred by Proposer in preparation. It shall be clearly understood that any costs incurred by the Proposer in responding to this request for proposal is at the Proposer's own risk and expense as a cost of doing business. The City of Fayetteville shall not be liable for reimbursement to the Proposer for any expense so incurred, regardless of whether or not the proposal is accepted. d. If products, components, or services other than those described in this bid document are proposed, the Proposer must include complete descriptive literature for each. All requests for additional information must be received within five working days following the request. e. Any uncertainties shall be brought to the attention to Amanda Beilfuss immediately via telephone (479.575.8220) or e-mail (abeilfuss@fayetteville-ar.gov). It is the intent and goal of the City of Fayetteville City of Fayetteville, AR RFP 24-09, Waste Transfer and Disposal Services Page 9 of 18 Purchasing Division to provide documents providing a clear and accurate understanding of the scope of work to be completed and/or goods to be provided. We encourage all interested parties to ask questions to enable all Proposers to be on equal terms. f. Any inquiries or requests for explanation in regard to the City's requirements should be made promptly to Amanda Beilfuss, City of Fayetteville, Sr. Purchasing Agent via e-mail (abeilfuss@fayetteville-ar.gov) or telephone (479.575.8220). No oral interpretation or clarifications will be given as to the meaning of any part of this request for proposal. All questions, clarifications, and requests, together with answers, if any, will be provided to all firms via written addendum. Names of firms submitting any questions, clarifications, or requests will not be disclosed until after a contract is in place. g. At the discretion of the City, one or more firms may be asked for more detailed information before final ranking of the firms, which may also include oral interviews. h. Any information provided herein is intended to assist the Proposer in the preparation of proposals necessary to properly respond to this RFP. The RFP is designed to provide qualified Proposers with sufficient basic information to submit proposals meeting minimum specifications and/or test requirements but is not intended to limit a RFP's content or to exclude any relevant or essential data. i. Proposers irrevocably consent that any legal action or proceeding against it under, arising out of or in any manner relating to this Contract shall be controlled by Arkansas law. Proposer hereby expressly and irrevocably waives any claim or defense in any said action or proceeding based on any alleged lack of jurisdiction or improper venue or any similar basis. The successful Proposer shall not assign the whole or any part of this Contract or any monies due or to become due hereunder without written consent of City of Fayetteville. In case the successful Proposer assigns all or any part of any monies due or to become due under this Contract, the Instrument of assignment shall contain a clause substantially to the effect that it is agreed that the right of the assignee in and to any monies due or to become due to the successful Proposer shall be subject to prior liens of all persons, firms, and corporations for services rendered or materials supplied for the performance of the services called for in this contract. k. The successful Proposer's attention is directed to the fact that all applicable Federal and State laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over the services shall apply to the contract throughout, and they will be deemed to be included in the contract as though written out in full herein. The successful Proposer shall keep himself/herself fully informed of all laws, ordinances and regulations of the Federal, State, and municipal governments or authorities in any manner affecting those engaged or employed in providing these services or in any way affecting the conduct of the services and of all orders and decrees of bodies or tribunals having any jurisdiction or authority over same. If any discrepancy or inconsistency should be discovered in these Contract Documents or in the specifications herein referred to, in relation to any such law, ordinance, regulation, order or decree, s/he shall herewith report the same in writing to the City of Fayetteville. City of Fayetteville, AR RFP 24-09, Waste Transfer and Disposal Services Page 10 of 18 City of Fayetteville RFP 24-09, Waste Transfer and Disposal Services SECTION B: Scope of Services and General Information 1. INTRODUCTION: The City of Fayetteville (City) has one facility that contains both the Fayetteville Transfer Station and the Fayetteville Recycling Center (Fayetteville Transfer Station/Recycling Center), located at 1560 S. Happy Hollow Rd. The Transfer portion of this facility utilizes loose -fill technology and is capable of satisfying the present and future solid waste disposal needs of the City of Fayetteville. Design is expandable to allow the Fayetteville Transfer Station to serve Washington County as necessary. During the term of this contract, the City shall deliver all of the municipal, residential, and commercial solid waste streams collected by the City to the City of Fayetteville's Transfer Station. Current annual tonnage hauled from the Transfer Station is approximately 80,000. The City of Fayetteville's Transfer Station is currently permitted to allow up to 100,000 tons per year. The average outbound tonnage is 21 tons per truck and is normally between 10-16 truckloads per day. 2. SCOPE OF WORK: a. The awarded Proposer (Contractor) shall be responsible for the performance of all services reasonably necessary to provide for the proper disposal of all residential and commercial waste generated within the City of Fayetteville. Proposer shall provide a narrative describing the proposed operations plan for ensuring that Proposer has the resources and equipment necessary to provide timely, efficient, and cost- effective disposal of the City's solid waste. b. The Contractor shall perform the following under this contract: i. All solid waste received at the Fayetteville Transfer Station shall be transported to a permitted and approved disposal site. ii. All solid waste shall be removed from the Transfer Station by the end of each day (Monday through Saturday), including all holidays except New Year's Day, Thanksgiving Day, and Christmas Day. The first transport truck shall be at the City's Transfer Station by 5:30 AM and the last truck leaves approximately between 2:00 PM — 3:00 PM (M-F) and by 11:00 AM on Saturdays. iii. The City of Fayetteville, as the Transfer Station Operator, will be responsible for loading transport trailers with solid waste (payload weights no greater than that required to reach gross vehicle weight limitation set by law). However, in the interest of efficiency, the City is responsible for loading solid waste in such a way that a standard trailer with a capacity of 115 cubic yards will contain a minimum of 20 tons of solid waste. iv. Transporting of all solid waste shall be contained, tied, or enclosed, so that leaking, spilling, or blowing of waste is prevented. v. Proposer shall provide detailed inventory of assets illustrating that there is an adequate number of vehicles, trailers, and backup equipment, maintained in good physical condition. Information on all proposed labor, supervisors, maintenance, fuel, and necessary supplies to ensure the daily systematic and satisfactory performance of all services specified in this scope of work shall also be provided. City of Fayetteville, AR RFP 24-09, Waste Transfer and Disposal Services Page 11 of 18 3. PROPOSAL REQUIREMENTS: In addition to submitting the completed and signed RFP form, Proposers shall also include the following with Proposal: a. An itemized list of Proposer's equipment available for use on this Contract, or an itemized list of proposed equipment with proof of financial strength to procure proposed equipment upon Contract award. Contractor shall provide trucks, trailers, and any necessary equipment to dump at landfill or disposal site. b. A copy of most recent, certified financial statement of Proposer, (or its parent corporation if individual subsidiary or division financial statements are not prepared and/or available) certified by a certified public accountant (CPA) firm. c. Evidence, in form and substance satisfactory to the City of Fayetteville, that Proposer (or Proposer's subsidiary or affiliate) has been in business at least five (5) years and possesses not less than three (3) years actual operating experience in solid waste transport and/or disposal handling no less than 50,000 tons per year. d. Name and location of landfill or disposal site, including evidence, in form and substance satisfactory to the City of Fayetteville, that the landfill or disposal site shall have a life in excess of the Contract length and that proposed disposal site meets the requirements of EPA subtitle D, when applicable, and documentation from disposal site owner that any further district, state, and federal requirements will be met through the duration of the Contract. If disposal site other than a landfill is proposed, a copy of disposal site's permit for operation shall be included with Proposal. e. A copy of the Proposer's Environmental Policy Statement as well as any records of past environmental issues. f. A letter from a corporate surety satisfactory to the City stating that the Performance Bond(s) will be furnished by it to the person submitting the proposal in the event it is the successful proposer. Such letter is to be signed by an authorized representative of the surety together with a certified and effectively dated copy of the power of attorney attached thereto. The Contractor responsible for the transportation and disposal of solid waste received at the Fayetteville Transfer Station will be required to furnish a corporate surety bond as security for the performance of the Contract. This surety bond shall be in the amount of one hundred percent (100%) of the total negotiated price approved by Fayetteville City Council for the first year of the contract. Contractor will have ten (10) business days from Contract approval by Fayetteville City Council to provide the bond. A one hundred (100%) surety bond will be required annually with contract renewal at the estimated tonnage of the 80,000 tons. The premium for the bond(s) described above shall be paid by the Contractor. A certificate from the surety showing that the bond premium(s) is/are paid in full shall accompany the bond. The surety on the bond shall be from corporate surety company duly authorized to do business in the State of Arkansas. Bonds must be written by an "A" rated bonding company. 4. PRICING a. Proposals shall include all-inclusive pricing for the hauling and disposal of all solid waste received at the Fayetteville Transfer Station at a properly licensed and permitted disposal facility and for the daily transport of all solid waste received at the Fayetteville Transfer Station. The price and rates proposed shall City of Fayetteville, AR RFP 24-09, Waste Transfer and Disposal Services Page 12 of 18 remain firm for the first two (2) years of the contract. If there are any price increases/changes during the remainder of the Contract, this information shall be included in the Proposal as well. 5. CONTRACT FORMATION: If the negotiation produces mutual agreement, a contract will be considered for approval by the City of Fayetteville City Council. If negotiations with the highest-ranking Proposer fail, negotiations may be initiated with the next highest-ranking Proposer until an agreement is reached. The City reserves the right to reject all offers and end the process without executing a contract. 6. CONTRACT TERMS: The City of Fayetteville intends to enter a three (3) year contract with the awarded Proposer with the option to renew for four (4) additional three (3) year terms. 7. PROPOSAL CONTENT: Proposals shall be prepared simply and economically, providing a straightforward, concise description its ability to meet the requirements for the project. Fancy bindings, colored displays, and promotional material are not required. Emphasis should be on completeness and clarity of content. All documents should be typewritten on standard 8 %" x 11" white pages and bound in one volume. Exceptions would be schematics, exhibits, or other information necessary to facilitate the City of Fayetteville's ability to accurately evaluate the proposal. Limit proposal to twenty-five (25) pages or less, excluding one -page team resumes, references, and forms required by the City for completion. 8. SELECTION CRITERIA: The following criteria will be used by the City to evaluate and score responsive proposals. Proposers shall include sufficient information to allow the City to thoroughly evaluate and score the proposal. Each proposal submitted is not required to be ranked by the selection committee. The contract may be awarded to the most qualified firm, per the evaluation criteria listed below, based on the evaluation of the selection committee. Following the evaluation of the proposals, the Selection Committee may request that the top- ranking firm(s) make an oral presentation or be interviewed. If presentations are necessary, they will take place in Fayetteville, Arkansas. Notices will be sent by the Purchasing Division. 1) 20% Qualifications in Relation to Specific Project to be Performed: Information reflecting qualifications of the consultant, partners, and project team. Indicated specialized experience and technical competence of the firm in connection with the type and complexity of the service required. Subcontractors, if used, shall be listed with information on their organization. 2) 20% Experience, Competence, and Capacity for Performance: Information reflecting the names, titles, and qualifications (including experience and technical competence) of the major personnel assigned to this specific project. 3) 30% Proposed Method of Doing Work: A proposed work plan (description of how the project would be conducted as well as other facts concerning approach to scope) indicating methods and schedules for accomplishing scope of work. Include with this the amount of work presently underway. City of Fayetteville, AR RFP 24-09, Waste Transfer and Disposal Services Page 13 of 18 4) 10% Past Performance: Previous evaluations shall be considered a significant factor. If previous evaluations with the City are not available, the professional firm's past performance records with City and others will be used, including quality of work, timely performance, diligence, and any other pertinent information. Firm will provide a list of similar jobs performed and person whom the City can contact for information. 5) 20% Cost/Fees: Complete costs and fees as described in this RFP and for delivery of the proposal including fiscal feasibility and financial stability. All fees shall be clearly identified with RFP response and be itemized. CONTINUES ON NEXT PAGE City of Fayetteville, AR RFP 24-09, Waste Transfer and Disposal Services Page 14 of 18 City of Fayetteville RFP 24-09, Waste Transfer and Disposal Services SECTION C: Proposer References The following information is required from all firms so all statements of qualification may be reviewed and properly evaluated: COMPANY NAME: NUMBER OF YEARS IN BUSINESS: HOW LONG IN PRESENT LOCATION: TOTAL NUMBER OF CURRENT EMPLOYEES: FULLTIME PARTTIME NUMBER OF EMPLOYEES PLANNED FOR THIS CONTRACT: FULLTIME PARTTIME PLEASE LIST FOUR (4) REFERENCES THAT YOU HAVE PREVIOUSLY PERFORMED CONTRACT SERVICES FOR WITHIN THE PAST FIVE (5) YEARS (All fields must be completed): 1. 2. COMPANY NAME COMPANY NAME CITY, STATE, ZIP CITY, STATE, ZIP CONTACT PERSON CONTACT PERSON TELEPHONE TELEPHONE FAX NUMBER FAX NUMBER E-MAIL ADDRESS E-MAIL ADDRESS 3. 4. COMPANY NAME COMPANY NAME CITY, STATE, ZIP CITY, STATE, ZIP CONTACT PERSON CONTACT PERSON TELEPHONE TELEPHONE FAX NUMBER FAX NUMBER E-MAIL ADDRESS E-MAIL ADDRESS City of Fayetteville, AR RFP 24-09, Waste Transfer and Disposal Services Page 15 of 18 City of Fayetteville RFP 24-09, Waste Transfer and Disposal Services SECTION D: Signature Submittal 1. DISCLOSURE INFORMATION a. Proposer must disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any relationship with any City of Fayetteville employee. Proposer response must disclose if a known relationship exists between any principal or employee of your firm and any City of Fayetteville employee or elected City of Fayetteville official. i. If, to your knowledge, no relationship exists, this should also be stated in your response. Failure to disclose such a relationship may result in cancellation of a purchase and/or contract as a result of your response. This form must be completed and returned in order for your bid/proposal to be eligible for consideration. PLEASE CHECK ONE OF THE FOLLOWING TWO OPTIONS, AS IT APPROPRIATELY APPLIES TO YOUR FIRM: 1) NO KNOWN RELATIONSHIP EXISTS 2) RELATIONSHIP EXISTS (Please explain): b. I certify that; as an officer of this organization, or per the attached letter of authorization, am duly authorized to certify the information provided herein is accurate and true; and my organization shall comply with all State and Federal Equal Opportunity and Non -Discrimination requirements and conditions of employment. c. Proposer agrees that they shall have a current, valid registration with the Arkansas Secretary of State at time of RFP deadline OR be able to provide proof of registration before recommendation of award to Fayetteville City Council. d. Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently boycott Israel and will not boycott Israel during anytime in which they are entering into, orwhile in contract, with any public entity as defined in §25-1-503. If at any time during contract the contractor decides to boycott Israel, the contractor must notify the contracted public entity in writing. e. Pursuant Arkansas Code Annotated §25-1-1002, the Contractor agrees and certifies that they do not currently boycott Energy, Fossil Fuel, Firearms, and Ammunition Industries during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-1002. If at any time during the contract the contractor decides to boycott Energy, Fossil Fuel, Firearms, and/or Ammunition Industries, the contractor must notify the contracted public entity in writing. City of Fayetteville, AR RFP 24-09, Waste Transfer and Disposal Services Page 16 of 18 2. PRIMARY CONTACT INFORMATION At the discretion of the City, one or more firms may be asked for more detailed information before final ranking of the firms, which may also include oral interviews. NOTE: Each Proposer shall submit to the City a primary contact name, e-mail address, and phone number (preferably a cell phone number) where the City selection committee can call for clarification or interview via telephone. Corporate Name of Firm: Primary Contact: Title of Primary Contact: Phone#1 (cell preferred): Phone#2: E-Mail Address: 3. ACKNOWLEDGEMENT OF ADDENDA Acknowledge receipt of addenda for this invitation to bid, request for proposal, or request for qualification by signing and dating below. All addendums are hereby made a part of the bid or RFP documents to the same extent as though it were originally included therein. Proposers/Bidders should indicate their receipt of same in the appropriate blank listed herein. Failure to do so may subject Contractor to disqualification. ADDENDUM NO. SIGNATURE AND PRINTED NAME DATE ACKNOWLEDGED 4. DEBARMENT CERTIFICATION: a. As an interested party on this project, you are required to provide debarment/suspension certification indicating compliance with the below Federal Executive Order. Certification can be done by completing and signing this form. b. Federal Executive Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving individual awards, using federal funds, and all sub -recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. c. Signature certifies that neither you nor your principal is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. City of Fayetteville, AR RFP 24-09, Waste Transfer and Disposal Services Page 17 of 18 5. SIGNATURE SUBMITTAL: NAME OF COMPANY: PHYSICAL ADDRESS: MAILING ADDRESS: TAX ID #: AR. SECRETARY OF STATE FILING #: PHONE: FAX: E-MAIL: By submitting your response, you certify that you are authorized to represent and bind your company . SIGNATURE: PRINTED NAME: TITLE: DATE: END OF RFP DOCUMENT City of Fayetteville, AR RFP 24-09, Waste Transfer and Disposal Services Page 18 of 18 APPENDIX 6: Fuel Surcharge Calculator Fuel Base 1 $ 3.50 Destination ECO VISTA Average Fuel Price based on: Round Trip Miles 44 EIA Padd 2 Middwest Surcharge/Mile Surcharge/Load $ 2.1501 to $ 2.20 $ (0.26) $ (11.44) $ 2.2001 to $ 2.25 $ (0.25) $ (11.00) $ 2.2501 to $ 2.30 $ (0.24) $ (10.56) $ 2.3001 to $ 2.35 $ (0.23) $ (10.12) $ 2.3501 to $ 2.40 $ (0.22) $ (9.68) $ 2.4001 to $ 2.45 $ (0.21) $ (9.24) $ 2.4501 to $ 2.50 $ (0.20) $ (8.80) $ 2.5001 to $ 2.55 $ (0.19) $ (8.36) $ 2.5501 to $ 2.60 $ (0.18) $ (7.92) $ 2.6001 to $ 2.65 $ (0.17) $ (7.48) $ 2.6501 to $ 2.70 $ (0.16) $ (7.04) $ 2.7001 to $ 2.75 $ (0.15) $ (6.60) $ 2.7501 to $ 2.80 $ (0.14) $ (6.16) $ 2.8001 to $ 2.85 $ (0.13) $ (5.72) $ 2.8501 to $ 2.90 $ (0.12) $ (5.28) $ 2.9001 to $ 2.95 $ (0.11) $ (4.84) $ 3.00 to $ 3.0499 $ (0.10) $ (4.40) $ 3.05 to $ 3.0999 $ (0.09) $ (3.96) $ 3.10 to $ 3.1499 $ (0.08) $ (3.52) $ 3.15 to $ 3.1999 $ (0.07) $ (3.08) $ 3.20 to $ 3.2499 $ (0.06) $ (2.64) $ 3.25 to $ 3.2999 $ (0.05) $ (2.20) $ 3.30 to $ 3.3499 $ (0.04) $ (1.76) $ 3.35 to $ 3.3999 $ (0.03) $ (1.32) $ 3.40 to $ 3.4499 $ (0.02) $ (0.88) $ 3.45 to $ 3.4999 $ (0.01) $ (0.44) $ 3.50 to $ 3.5499 $ - $ - $ 3.55 to $ 3.5999 $ 0.01 $ 0.44 $ 3.60 to $ 3.6499 $ 0.02 $ 0.88 $ 3.65 to $ 3.6999 $ 0.03 $ 1.32 $ 3.70 to $ 3.7499 $ 0.04 $ 1.76 $ 3.75 to $ 3.7999 $ 0.05 $ 2.20 $ 3.80 to $ 3.8499 $ 0.06 $ 2.64 $ 3.85 to $ 3.8999 $ 0.07 $ 3.08 $ 3.90 to $ 3.9499 $ 0.08 $ 3.52 $ 3.95 to $ 3.9999 $ 0.09 $ 3.96 $ 4.00 to $ 4.0499 $ 0.10 $ 4.40 $ 4.05 to $ 4.0999 $ 0.11 $ 4.84 $ 4.10 to $ 4.1499 $ 0.12 $ 5.28 $ 4.15 to $ 4.1999 $ 0.13 $ 5.72 $ 4.20 to $ 4.2499 $ 0.14 $ 6.16 $ 4.25 to $ 4.2999 $ 0.15 $ 6.60 $ 4.30 to $ 4.3499 $ 0.16 $ 7.04 $ 4.35 to $ 4.3999 $ 0.17 $ 7.48 $ 4.40 to $ 4.4499 $ 0.18 $ 7.92 $ 4.45 to $ 4.4999 $ 0.19 $ 8.36 $ 4.50 to $ 4.5499 $ 0.20 $ 8.80 $ 4.55 to $ 4.5999 $ 0.21 $ 9.24 $ 4.60 to $ 4.6499 $ 0.22 $ 9.68 $ 4.65 to $ 4.6999 $ 0.23 $ 10.12 $ 4.70 to $ 4.7499 $ 0.24 $ 10.56 $ 4.75 to $ 4.7999 $ 0.25 $ 11.00 $ 4.80 to $ 4.8499 $ 0.26 $ 11.44 $ 4.85 to $ 4.8999 $ 0.27 $ 11.88 $ 4.90 to $ 4.9499 $ 0.28 $ 12.32 $ 4.95 to $ 4.9999 $ 0.29 $ 12.76 $ 5.00 to $ 5.0499 $ 0.30 $ 13.20 $ 5.05 to $ 5.0999 $ 0.31 $ 13.64 $ 5.10 to $ 5.1499 $ 0.32 $ 14.08 $ 5.15 to $ 5.1999 $ 0.33 $ 14.52 $ 5.20 to $ 5.2499 $ 0.34 $ 14.96 $ 5.25 to $ 5.2999 $ 0.35 $ 15.40 $ 5.30 to $ 5.3499 $ 0.36 $ 15.84 $ 5.35 to $ 5.3999 $ 0.37 $ 16.28 $ 5.40 to $ 5.4499 $ 0.38 $ 16.72 $ 5.45 to $ 5.4999 $ 0.39 $ 17.16 $ 5.50 to $ 5.5499 $ 0.40 $ 17.60 $ 5.55 to $ 5.5999 $ 0.41 $ 18.04 $ 5.60 to $ 5.6499 $ 0.42 $ 18.48 $ 5.65 to $ 5.6999 $ 0.43 $ 18.92 $ 5.70 to $ 5.7499 $ 0.44 $ 19.36 $ 5.75 to $ 5.7999 $ 0.45 $ 19.80 $ 5.80 to $ 5.8499 $ 0.46 $ 20.24 $ 5.85 to $ 5.8999 $ 0.47 $ 20.68 $ 5.90 to $ 5.9499 $ 0.48 $ 21.12 $ 5.95 to $ 5.9999 $ 0.49 $ 21.56 $ 6.00 to $ 6.0499 $ 0.50 $ 22.00 $ 6.05 to $ 6.0999 $ 0.51 $ 22.44 $ 6.10 to $ 6.1499 $ 0.52 $ 22.88 $ 6.15 to $ 6.1999 $ 0.53 $ 23.32 $ 6.20 to $ 6.2499 $ 0.54 $ 23.76 $ 6.25 Ito $ 6.2999 $ 0.55 $ 24.20 $ 6.30 Ito $ 6.3499 $ 0.56 $ 24.64 $ 6.35 Ito I $ 6.3999 $ 0.57 $ 25.08 $ 6.40 to $ 6.4499 $ 0.58 $ 25.52 $ 6.45 to $ 6.4999 $ 0.59 $ 25.96 $ 6.50 to $ 6.5499 $ 0.60 $ 26.40 $ 6.55 to $ 6.5999 $ 0.61 $ 26.84 $ 6.60 to $ 6.6499 $ 0.62 $ 27.28 APPENDIX C Additional Forms: June 6, 2024 WM's proposal in response to the City's RFP is conditioned on the following exceptions: 1. These exceptions are part of WM's bid proposal package and are intended to become part of the final negotiated contract between the parties and/or these exceptions should be included in the services agreement and contract documents (hereinafter the "Contract") referenced in Section 25 of the General Terms and Conditions (hereinafter the "Terms") on page 9 of the RFP. WM takes exception to certain language in Section 12 of the Terms on page 6 of the RFP that states the bidder agrees to make the proposed prices for this RFP available to all government entities. WM objects to this stipulation and requires individual governmental entities to bid separately for disposal services because service routes and equipment may be unique. WM wishes to clarify certain language in Section 14(a) of Terms on page 7 of the RFP concerning the right to audit WM's records. WM will maintain accurate records whereby the City may inspect any books, records and/or accounts, which shall be limited to information concerning WM's bonds, insurance, services provided, and rates charged perthe final contract. Beyond that, WM takes exception. The City shall not have the right to audit WM's records or books to determine profits or general administrative and overhead expenses. Additionally, WM requires prior reasonable written notice to audit such records at WM's corporate headquarters in Houston, TX. WM agrees to defend and indemnify the City against damages, claims, costs, and lawsuits to the extent arising out of WM's negligent acts or omissions and willful misconduct or its violation of any applicable law. WM takes exception to the indemnification language in Section 15 of the Terms on page 7 of the RFP, which is overbroad and would make WM responsible for potential claims or damages it did not cause. WM reserves the right to negotiate mutually agreeable language regarding its indemnification obligations. WM has sufficient insurance to meet the City's insurance policy limit requirements in Section 18 of the Terms on page 7 of the RFP; however, WM takes exception certain language in Section 18 regarding the City's additional insured status on grounds that additional insured status is not allowed on WM's workers' compensation nor its employer's liability policies. WM takes exception to the language in Section 20(a) of the Terms on page 8 of the RFP that allows the City to terminate the Contract without cause on 30 days' notice. WM is committing equipment and labor to provide its services and cannot agree to a termination without cause provision. Furthermore, WM requires the right to cure any alleged failures or deficiencies within 30 days after receipt of notice from the City before the City can terminate the Contract for cause. WM takes exception to the language that allows the City to immediately terminate the Contract for cause without a right for WM to cure. 7. WM objects to the language in Section 20(b) of the Terms on page 8 of the RFP pertaining to the City's right to immediately cancel the Contract in the event of an alleged breach of contract. WM requires the right to cure any alleged failures, deficiencies or breaches within 30 days after receipt of notice from the City before the City can terminate the Contract for cause. WM takes exception to the language that allows the City to immediately terminate the Contract for cause without a right for WM to cure. Regarding the language in Section 20(c) of the Terms on page 8 of the RFP pertaining to the City's right to cancel the Contact and obtain services from another source, WM requires that if its services are not satisfactory or are determined to be inconsistent with the Contract or the City's order that the City provide WM with written notice of the failure or alleged inconsistency and allow WM at least 30 days from receipt of such notice to cure the failure(s) or refute the inconsistency before the City has the right to terminate the Contract. Such notice to WM should normally be made close in time to the service date in question. 9. WM's proposal is based on being exclusively awarded all the transportation and disposal services encompassed within the RFP and included in WM's proposal. WM takes exception to the language in Section 22 of the Terms on page 8 of the RFP that allows the City to concurrently contract with other companies for similar work if the City deems such action to be in the Cit's best interest. 10. WM wishes to clarify the language in Section 24 of the Terms on page 9 of the RFP regarding the right of the City to request additional services under this RFP. WM requires that any such additional services shall be mutually agreed upon by WM and memorialized in a written amendment to the Contract that is been executed by both parties. To the extent otherwise, WM takes exception. 11. WM objects to the language in Section 4 of the Scope of Services and General Information (hereinafter the "Scope") on page 12 of the RFP requiring WM's rates to remain firm for the first two years of the Contract. WM requires a base rate for its services as set forth in the proposal, which the rate can be kept firm for only the first two years of the Contract. Thereafter, the base rate shall be adjusted annually based on the average monthly increase during the applicable 12-month period in the Consumer Price Index for Water, Sewer, and Trash. This methodology will be used annually during the initial and any renewal terms. The following is a representation of the annual rate adjustments calculation: Annual Adlustments. The parties agree that beginning on XXX and on each XXXX thereafter, the Base Rates will be adjusted by the percentage increase equal to the annual percentage change in the average Consumer Price Index, US City Average for All Urban Consumers, Water, Sewer Trash, Not Seasonally Adjusted, (published by the United States Bureau of Labor Statistics, Consumer Price Index (the "CPI") over the 12 most recently published months compared to the average CPI for the previous 12-month period. The CPI published on the first Monday priorto the end of the month (orthe first business day thereafter if such Monday is a Federal Holiday) shall be used to determine the monthly change. The annual percentage change shall be calculated by subtracting the average CPI value for the previous 12-months from the average CPI value for the most recent 12-month period, the result of which shall be divided by the prior 12-month period average. An example of the CPI annual increase calculation follows: January 2020 through December 2020 compared to January 2021 to December 2021 Index 2020 12-Month 2021 12- Change Applied Average Month Percentage Average Change CPI — Water, Sewer, 252.46 261.47 9.01 3.6% Trash (9.01 /252.46) The calculated change shall be carried to three places to the right of the decimal and rounded to the nearest thousandths. The percentage adjustment will be applied to the then current rates for services, as adjusted hereunder. In the event the U.S. Department of Labor, Bureau of Labor Statistics ceases to publish the CPI, the parties hereto agree to substitute another equally authoritative measure of change in the purchasing power of the U.S. dollar as may be then available so as to carry out the intent of this provision. 12. WM takes exception to the language in Section 6 of the Scope on page 13 of the RFP that says the City has the option to renew or extend the Contract. WM requires that any renewal options must be mutually agreed to by both parties in writing. 13. WM requires the final contract between the parties to include language that accurately reflects the scope of services and rights and obligations agreed to by the parties, as well as, necessary definitions, including but not limited to, the following: a.WM requires a definition for "Disposal Facility' to mean the landfill known as the Eco-Vista Landfill, located at 2210 WM Drive, Springdale, AR 72762, which is which is utilized, owned, and operated by WM and permitted to receive Solid Waste, Yard Waste, C&D and/or Special Waste by the applicable federal, state, and/or local agency. b.WM requires a definition for "Transfer Station" to mean the Fayetteville Solid Waste Transfer Station, located at 1560 S. Happy Hollow Road, Fayetteville, Arkansas 72701, which is utilized, owned and operated by the City and permitted to receive Solid Waste, Yard Waste, C&D and/or Special Waste by the applicable federal, state, and/or local agency. c.WM requires a definition for "Solid Waste" or "Waste" to mean all non -hazardous Garbage, Rubbish, Yard Waste and/or C&D that can legally be received at the Transfer Station and Disposal Facility. The term "Solid Waste" or "Waste" specifically excludes Unacceptable Waste. d.WM requires a definition for "Acceptable Waste" to mean Waste that may be legally received and accepted at the Transfer Station and the Disposal Facility. Acceptable Waste shall not include any Hazardous Waste, toxic wastes, Special Waste that has not been profiled and pre -approved in by WM in writing, as defined below and by Federal, State or local law or regulations, or any other waste, which is not acceptable under Federal, State or local law, regulations, or permit at the Transfer Station or Disposal Facility. e.WM requires a definition "Garbage" to mean Waste consisting of putrescible or 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, and all dead animals of less than ten pounds (10 Ibs) in weight, except those slaughtered for human consumption. f.WM requires a definition of "Yard Waste" to mean any vegetative matter resulting from private landscaping or regular yard maintenance, including, but not limited to, tree limbs, branches, yard debris, bagged grass clippings and bagged leaves, excluding items over six (6) feet long and four (4) inches in diameter. g.WM requires a definition of "Rubbish" to mean nonputrescible Solid Waste (excluding ashes), consisting of both combustible and noncombustible waste materials. Combustible rubbish includes paper, rags, cartons, wood, excelsior, furniture, rubber, plastics or similar materials; noncombustible rubbish 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). h.WM requires a definition of "Medical Waste" to mean Waste generated by health care related facilities and associated with health care activities, not including Garbage or Rubbish 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 in Ark. Code Ann. §20-32-101 (relating to Definitions). i.WM requires a definition for "Construction and Demolition Debris" or "C&D" to mean materials resulting from construction, remodeling, repair, or demolition operations. Such materials include, but are not limited to, dirt, sand, rock, bricks, plaster, gypsum wallboard, aluminum, glass, asphalt material, plastic pipe, roofing material, carpeting, concrete, wood, masonry, trees, remnants of new construction materials, including paper, plastic, carpet scraps, wood scraps, scrap metal, building materials, and packaging. With the exception of soil, concrete and asphalt, Construction and Demolition Debris does not include Unacceptable Waste. j.WM requires a definition for "Special Waste" to mean waste materials that require special handling and management due to the nature of the waste, including, but not limited to, the following: (i.) containerized waste (e.g. a drum, barrel, portable tank, box, pail, etc.), (ii.) waste transported in bulk tanker, (iii.) liquid waste, (iv.) sludge waste, (v.) waste from an industrial process, (vi.) waste from a pollution control process, (vii.) residue and debris from the cleanup of a spill or release of chemical(s), or (viii.) any other waste defined by applicable law, rule or regulation as "Special Waste." k.WM requires a definition for "Unacceptable Waste" to mean any waste or material that (i) the acceptance and handling of which by WM would cause a violation of any permit, condition, legal or regulatory requirement, (ii) can cause substantial damage to WM's equipment or facilities, (iii) presents a danger to the health or safety of the public or WM's employees, (iv) is or contains Hazardous Waste, industrial waste, liquid waste, Special Waste that has not been profiled and pre -approved by WM, untreated Medical Waste, dead animals weighing ten pounds (10 lbs.) or greater, (v) is or contains solid or dissolved material in domestic sewage, or solid or dissolved material in irrigation return flows, or industrial discharges subject to regulation by permit, or (vi) results from activities associated with the exploration, development, or production of oil or gas or geothermal resources, (vii) is or contains fuels, (viii) is or contains motor oil or paint, (ix) is or contains televisions, (x) is or contains batteries, (xi) is or contains florescent light bulbs, (xii) is or contains white goods (household appliances), (xiii) is or contains treated/de-characterized wastes, (xiv) is or contains any waste tires, (xivi) is or contains sludge, (xivii) is or contains waste or materials that may adversely affect the operations of the disposal facility or transfer station regardless if such waste or materials could be legally received, and/or (xiviii) is or contains other solid or liquid waste specifically prohibited for disposal at the Disposal Facility or Transfer Station by Arkansas Department of Environmental Quality (ADEQ) or any other regulatory agency having jurisdiction over such landfill, in accordance with applicable law. Title to and liability for Unacceptable Waste shall remain with the generator all times. WM has no obligation to accept, transport, process or dispose of any Unacceptable Waste. I.If the City tenders Unacceptable Waste in breach of the final negotiated contract between the parties, WM may in its sole discretion either remove, manage, handle, store, treat, and/or dispose of that Unacceptable Waste and charge the City for the costs, expenses, damages, fines, and penalties arising out of such activities or require the City to promptly remove, manage, handle, or dispose of the Unacceptable Waste from the Disposal Facility at the City's sole cost. The City shall pay or reimburse WM for any and all costs, damages and/or fines incurred as a result of or relating to the City's tender or delivery of Unacceptable Waste, including costs of inspection, testing, analysis, legal fees, professional consulting fees, or removal costs. m.A force majeure" clause providing that neither party shall be in default for its failure to perform or suspend performance, in whole or in part, due to events or threats of events beyond its reasonable control, whether or not foreseeable, including, but not limited to, fires, floods, tornadoes, hurricanes, ice storms, acts of war or terrorism, riots, epidemics, pandemics, imposition of new or modified domestic or foreign laws, governmental orders, acts of God, and the inability to obtain labor, materials or equipment due to the foregoing circumstances. The affected party shall be excused from performance during the occurrence of such events. n.lf the City fails to timely pay WM's invoices, WM shall have the right to assess a late fee or late charge to the extent allowed by law. WM also shall have, upon providing written notice to City, the right to suspend its services if payment is more than 60 days' past due. o.WM is entitled to an increase in its rates to offset changes in conditions that WM does not control, but which increase WM's costs, such as changes in or new governmental laws, ordinances, rules, regulations or the enforcement thereof, changes in landfill disposal rates, and other conditions that increase WM's costs. WM agrees to give the City thirty (30) days' written notice of such increase, and to provide documentation substantiating such increase. p.WM requires the City to pay a Quarterly True Up payment to WM if the City is performing the loading of Solid Waste at the Transfer Station. If the City does not achieve a twenty (20) or twenty-three (23) tons per load quarterly average(City selects 20 or 23 ton price structure), then the City shall pay to WM the difference for any short falls as set forth per the following example below ("Quarterly True Up„). Quarterly True up Example: Fayetteville to ECO at 23 tpl Minimum TPL: 23 Rate Per Ton: $14.67 Quarterly Total Tons: 1,000 Quarterly Total Loads: 45 Quarterly Average TPL (Total Tons/Total Loads): 22.22 Missed Average TPL (Minimum TPL-Quarterly Average TPL): 0.78 Missed Tons (Quarterly Total Loads x Missed Average TPL): 35 WM Pays MBI For Minimum Charges (Missed Tons x Rate Per Ton): $513.45 q.WM requires the City to pay a fuel surcharge in addition to the base rates for transportation, disposal and any Quarterly True Up payment. The City shall pay a fuel surcharge as follows ("Fuel Surcharge"): In the event that the price of fuel deviates from the threshold price per gallon, a mileage based fuel surcharge (or discount) shall be applied on a per haul basis. The surcharge will increase or decrease by one cent ($.01) per mile for every 5-cent increase or decrease in the price of diesel fuel above or below the threshold price of $3.00 per gallon, as determined by the corresponding per mile surcharge shown in the table below. Calculations shall be made the first week of each month based upon the United States Energy Information Administration's (EIA) U.S. On -Highway Diesel Fuel Price Index for PADD 2 (Midwest) price as reported on their website at http://www.eia.gov/petroleum/gasdiesel/ or phone no. (202) 586-6966, will be used as typically announced each Monday, or on Tuesday when Monday is a federal holiday*. FSC Calculator Fuel Base $ 3.00 Destination ECO VISTA Average Fuel Price based on: Round Trip Miles 44 EIA Padd 2 Middwest Surcharge/Mile Surcharge/Load $ 2.1501 to $ 2.20 $ (0.16) $ (7.04) $ 2.2001 to $ 2.25 $ (0.15) $ (6.60) $ 2.2501 to $ 2.30 $ (0.14) $ (6.16) $ 2.3001 to $ 2.35 $ (0.13) $ (5.72) $ 2.3501 to $ 2.40 $ (0.12) $ (5.28) $ 2.4001 to $ 2.45 $ (0.11) $ (4.84) $ 2.4501 to $ 2.50 $ (0.10) $ (4.40) $ 2.5001 to $ 2.55 $ (0.09) $ (3.96) $ 2.5501 to $ 2.60 $ (0.08) $ (3.52) $ 2.6001 to $ 2.65 $ (0.07) $ (3.08) $ 2.6501 to $ 2.70 $ (0.06) $ (2.64) $ 2.7001 to $ 2.75 $ (0.05) $ (2.20) $ 2.7501 to $ 2.80 $ (0.04) $ (1.76) $ 2.8001 to $ 2.85 $ (0.03) $ (1.32) $ 2.8501 to $ 2.90 $ (0.02) $ (0.88) $ 2.9001 to $ 2.95 $ (0.01) $ (0.44) $ 3.00 to $ 3.0499 $ - $ - $ 3.05 to $ 3.0999 $ 0.01 $ 0.44 $ 3.10 to $ 3.1499 $ 0.02 $ 0.88 $ 3.15 to $ 3.1999 $ 0.03 $ 1.32 $ 3.20 to $ 3.2499 $ 0.04 $ 1.76 $ 3.25 to $ 3.2999 $ 0.05 $ 2.20 $ 3.30 to $ 3.3499 $ 0.06 $ 2.64 $ 3.35 to $ 3.3999 $ 0.07 $ 3.08 $ 3.40 to $ 3.4499 $ 0.08 $ 3.52 $ 3.45 to $ 3.4999 $ 0.09 $ 3.96 $ 3.50 to $ 3.5499 $ 0.10 $ 4.40 $ 3.55 to $ 3.5999 $ 0.11 $ 4.84 $ 3.60 to $ 3.6499 $ 0.12 $ 5.28 $ 3.65 to $ 3.6999 $ 0.13 $ 5.72 $ 3.70 to $ 3.7499 $ 0.14 $ 6.16 $ 3.75 to $ 3.7999 $ 0.15 $ 6.60 $ 3.80 to $ 3.8499 $ 0.16 $ 7.04 $ 3.85 to $ 3.8999 $ 0.17 $ 7.48 $ 3.90 to $ 3.9499 $ 0.18 $ 7.92 $ 3.95 to $ 3.9999 $ 0.19 $ 8.36 $ 4.00 to $ 4.0499 $ 0.20 $ 8.80 $ 4.05 to $ 4.0999 $ 0.21 $ 9.24 $ 4.10 to $ 4.1499 $ 0.22 $ 9.68 $ 4.15 to $ 4.1999 $ 0.23 $ 10.12 $ 4.20 to $ 4.2499 $ 0.24 $ 10.56 $ 4.25 to $ 4.2999 $ 0.25 $ 11.00 $ 4.30 to $ 4.3499 $ 0.26 $ 11.44 $ 4.35 to $ 4.3999 $ 0.27 $ 11.88 $ 4.40 to $ 4.4499 $ 0.28 $ 12.32 $ 4.45 to $ 4.4999 $ 0.29 $ 12.76 $ 4.50 to $ 4.5499 $ 0.30 $ 13.20 $ 4.55 to $ 4.5999 $ 0.31 $ 13.64 $ 4.60 to $ 4.6499 $ 0.32 $ 14.08 $ 4.65 to $ 4.6999 $ 0.33 $ 14.52 $ 4.70 to $ 4.7499 $ 0.34 $ 14.96 $ 4.75 to $ 4.7999 $ 0.35 $ 15.40 $ 4.80 to $ 4.8499 $ 0.36 $ 15.84 $ 4.85 to $ 4.8999 $ 0.37 $ 16.28 $ 4.90 to $ 4.9499 $ 0.38 $ 16.72 $ 4.95 to $ 4.9999 $ 0.39 $ 17.16 $ 5.00 to $ 5.0499 $ 0.40 $ 17.60 $ 5.05 to $ 5.0999 $ 0.41 $ 18.04 $ 5.10 to $ 5.1499 $ 0.42 $ 18.48 $ 5.15 to $ 5.1999 $ 0.43 $ 18.92 $ 5.20 to $ 5.2499 $ 0.44 $ 19.36 $ 5.25 to $ 5.2999 $ 0.45 $ 19.80 $ 5.30 to $ 5.3499 $ 0.46 $ 20.24 $ 5.35 to $ 5.3999 $ 0.47 $ 20.68 $ 5.40 to $ 5.4499 $ 0.48 $ 21.12 $ 5.45 to $ 5.4999 $ 0.49 $ 21.56 $ 5.50 to $ 5.5499 $ 0.50 $ 22.00 $ 5.55 to $ 5.5999 $ 0.51 $ 22.44 $ 5.60 to $ 5.6499 $ 0.52 $ 22.88 $ 5.65 to $ 5.6999 $ 0.53 $ 23.32 $ 5.70 to $ 5.7499 $ 0.54 $ 23.76 $ 5.75 to $ 5.7999 $ 0.55 $ 24.20 $ 5.80 to $ 5.8499 $ 0.56 $ 24.64 $ 5.85 to $ 5.8999 $ 0.57 $ 25.08 $ 5.90 to $ 5.9499 $ 0.58 $ 25.52 $ 5.95 to $ 5.9999 $ 0.59 $ 25.96 $ 6.00 to $ 6.0499 $ 0.60 $ 26.40 $ 6.05 to $ 6.0999 $ 0.61 $ 26.84 $ 6.10 to $ 6.1499 $ 0.62 $ 27.28 $ 6.15 to $ 6.1999 $ 0.63 $ 27.72 $ 6.20 to $ 6.2499 $ 0.64 $ 28.16 $ 6.25 to $ 6.2999 $ 0.65 $ 28.60 $ 6.30 to $ 6.3499 $ 0.66 $ 29.04 $ 6.35 to $ 6.3999 $ 0.67 $ 29.48 $ 6.40 to $ 6.4499 $ 0.68 $ 29.92 $ 6.45 to $ 6.4999 $ 0.69 $ 30.36 $ 6.50 to $ 6.5499 $ 0.70 $ 30.80 $ 6.55 to $ 6.5999 $ 0.71 $ 31.24 $ 6.60 1 to 1 $ 6.6499 1 $ 0.72 1 $ 31.68 Table Continues above and below at same formula r.Definitions of terms and other language that accurately reflects the scope of services and the parties agreed upon obligations and rights. WM's prices and submission in response to this RFP is conditioned upon the parties' entry into a contract that is appropriate for the services being requested and that contains mutually acceptable terms to both parties. Neither WM nor the City has any obligation to sign a final contract without negotiation of the terms and each party's agreement to the final language. WM looks forward to working with City to reach mutually agreeable contract terms. Permits DIVISIONOF mwnRO IMRONMINTAL QUADII' NORM 1i"RE ROCK, •��� NORM LITTLE ROCn. AR )2118531] David Conrad 100 Two Pine Drive North Little Rock, AR 72117 NOTICE OF FINAL PERMITTING DECISION 1 E FINAL class OF i.i_ decision: 7. 2023 AFI1 12.11144; Puma Na 0290.54-1 - - NOTICE OFFINAL PERM rTTINGDECISION Eco Ysta.`C t Date of Decision: July 31, 2023 _ 22101a Management D.Ne SF-0— .r— 72762 AFIN: 72-00144; Fermi! No. 0290 51 R4 The Proctor ho un,Rd • final -—long dec— Im ew abo.e nfsranced Eco Vista, LLC e. F' 171 d.— was made upon consideration of the completed application, the public record.ardetha. materialzpro��ded bylaw or ng I.—spPcnble 1.N—PP-1—. 2210 Waste Management Drive ! Ef— March 17. 2023, tM Ahamas Department of Energy and Enwr —t, D.—,on of 5 ale, AR 72762 Pr'ngd Environmenul Owe,y (DEG) hasappmved the a I-t- bra Class 4 Parma Ewaml4n punuamtp Ahamas Pollution Coneel and Ecology Commrsvon IAPC&ECI Rule 22 for Parma No. 0290-54-R2 end AFIN4.5tmement of &as�aiarthe decaion and DEO'z Response to Commenb is evtilableon The Director has .,,.ad a final permitting difforetheabove referenced permit. The Diretto/s . ..c. DEC', wabsrca a wto adeo am ar_us7downlpadw+ebDabbasaz5ol�dWastemerminedFaolmasl decision was made upon consideration oldie, —pt.od appl,cati.n. the public comments on the GG-Do 83496.odf To requnt •copy of the documenu plea»-11501 L82-0865. record, and he, matenals provided by law or regulation appl'Icabla to the application. The applicant and any .n — ubmmad wbl- nso.d may-— commeae on the an The Arkansas Department of Energy and Envirorunent, O-sron of Environmental Quality IDEQI has edluM.1 hearing and Commission rar;aw o1 the foal permimng tledabn as provitlad by APC.EC Rule &, Chap-6 . eeu lad a final per-ft, ng decision approving the application for a Cie. 1 Landfill ERpermlon pursuant 1, Kann 131— hereby comfy that this NOTICE OF FINAL PERMITTING DECISION iswed on to Arkansas Pollution Control and Ecology Commission (APC&EC) Rule 22 for AFIN 72-00144: March 112023,h.sbeen mulad by fist den mail tol1eaddnsseeof1hispos1— Permit No. 0290-51-R4. A Statement of Bean for the C.ci—n and DEQ's Response 1. Comments is evalable on DEQrs wemize a, rw deq.sbab.at.w/dswanbads/1MobD*Ub a s/SolidwaAe/ hseiroedFedlltl-M—Doo/9"119.pdf. Raven a— Theroots,ofthefinal permittingdecision wasmailed 1. theapplicanton July 31,2023. The —fi.t. of service for this final pM M,9 id-- as required by APC&EC Rule B. is part of the permitting acond and—1ablethrough the hyperlink above. The applicant and any person who submitted public comments on the —rd may request an adrydicatory hean,9 and Commission rer;ew of the final perminsng decision as provided by APC&EC Rule 8, Chapter 6. /` iER ,O-, DIVISION of EWRONMEMALOBALITY I*I ' 30t NORTeSNORE pRrvE 3119.a317 aN-T—ITTLE11-1 AM Permits Recieved From: Nierengarten, Peter 12/09/2024 8:19 AM CONTRACT FOR WASTE TRANSFER AND DISPOSAL SERVICES This Contract for Waste Transfer and Disposal Services (the "Contract"), is made and entered into this December 17, 2024 by and between the City of Fayetteville, Arkansas, a municipal corporation, ("the City") and Eco-Vista, LLC ("Waste Management" or "Contractor") IN CONSIDERATION of mutual promises of the parties contained herein and other good and valuable consideration, the parties agree as follows: 1. DEFINITIONS: As used herein this Contract, the following terms shall have the following meanings: a. "Disposal Facility" - means the landfill known as the Eco-Vista Landfill, located at 2210 WM Drive, Springdale, AR 72762, which is which is utilized, owned, and operated by Contractor and permitted to receive Solid Waste, C&D and/or Special Waste by the applicable federal, state, and/or local agency, or another duly permitted landfill operated in compliance with the regulations stipulated by the applicable state agency and/or the U.S. Environmental Protection Agency. b. "Transfer Station" — means the Fayetteville Solid Waste Transfer Station, located at 1560 S. Happy Hollow Road, Fayetteville, Arkansas 72701, which is utilized, owned and operated by the City and permitted to receive Solid Waste, Yard Waste, C&D and/or Special Waste by the applicable federal, state, and/or local agency. C. "Solid Waste" — means all non -hazardous Garbage, Rubbish, and/or C&D that can legally be received at the Transfer Station and Disposal Facility. The term "Solid Waste" specifically excludes Unacceptable Waste. d. "Garbage" — means waste materials consisting of putrescible or 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, and all dead animals of less than ten pounds (10 lbs) in weight, except those slaughtered for human consumption. e. "Rubbish" — means nonputrescible waste materials (excluding ashes), consisting of both combustible and noncombustible waste materials. Combustible rubbish includes paper, rags, cartons, wood, excelsior, furniture, rubber, plastics or similar materials; noncombustible rubbish 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). f. "Medical Waste" means waste materials generated by healthcare related facilities and associated with health care activities, not including Garbage or Rubbish 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 in Ark. Code Ann. §20-32-101 (relating to Definitions). g. "Construction and Demolition Debris" or "C&D" — means materials resulting from construction, remodeling, repair, or demolition operations. Such materials include, but are not limited to, dirt, sand, rock, bricks, plaster, gypsum wallboard, aluminum, glass, asphalt material, plastic pipe, roofing material, carpeting, concrete, wood, masonry, trees, remnants of new construction materials, including paper, plastic, carpet scraps, wood scraps, scrap metal, building materials, and packaging. With the exception of soil, concrete and asphalt, Construction and Demolition Debris does not include Unacceptable Waste. h. "Special Waste" — means waste materials that require special handling and management due to the nature of the waste, including, but not limited to, the following: (i.) containerized waste (e.g. a drum, barrel, portable tank, box, pail, etc.), (ii.) waste transported in bulk tanker, (iii.) liquid waste, (iv.) sludge waste, (v.) waste from an industrial process, (vi.) waste from a pollution control process, (vii.) residue and debris from the cleanup of a spill or release of chemical(s), or (viii.) any other waste defined by applicable law, rule or regulation as "Special Waste." i. "Unacceptable Waste" - any waste or material that (i) the acceptance and handling of which by Contractor would cause a violation of any permit, condition, legal or regulatory requirement, (ii) can cause substantial damage to Contractor's equipment or facilities, (iii) presents a danger to the health or safety of the public or Contractor's employees, (iv) is or contains Hazardous Waste, industrial waste, liquid waste, Special Waste that has not been profiled and pre -approved by Contractor, untreated Medical Waste, dead animals weighing ten pounds (10 lbs.) or greater, (v) is or contains solid or dissolved material in domestic sewage, or solid or dissolved material in irrigation return flows, or industrial discharges subject to regulation by permit, or (vi) results from activities associated with the exploration, development, or production of oil or gas or geothermal resources, (vii) is or contains fuels, (viii) is or contains motor oil or paint, (ix) is or contains televisions, (x) is or contains batteries, (xi) is or contains florescent light bulbs, (xii) is or contains white goods (household appliances), (xiii) is or contains treated/de-characterized wastes, (xiv) is or contains any waste tires, (xivi) is or contains sludge, (xivii) is or contains waste or materials that may adversely affect the operations of the Disposal Facility or Transfer Station regardless if such waste or materials could be legally received, and/or (xiviii) is or contains other solid or liquid waste specifically prohibited for disposal at the Disposal Facility or Transfer Station by Arkansas Department of Environmental Quality (ADEQ) or any other regulatory agency having jurisdiction over such landfill, in accordance with applicable law. Title to and liability for Unacceptable Waste shall remain with the generator all times. Contractor has no obligation to accept, transport, process or dispose of any Unacceptable Waste. j. "Work" — means all labor, services, equipment, and material necessary for Contractor to complete the obligations and all other requirements included in this Contract. 2. TERM OF CONTRACT: The Contract is to take effect and continue and remain in full force and effect for a period of three (3) years, and such period shall commence on the later of January 1, 2025 or on the date the contract is approved by the Fayetteville City Council (the "Effective Date") and the Contract shall automatically terminate thirty-six (36) months after the Effective Date. The parties shall have the option to renew this Contract for a total of four (4) successive three (3) year terms upon mutual written agreement. The option to renew can be made effective by written notification from either party to the other party no later than ninety (90) days prior to the expiration of the then current contract term. Notwithstanding the foregoing, this Contract will be subject to the annual appropriation of sufficient funds for this Contract in the budget by the Fayetteville City Council. 3. CONTRACT DOCUMENTS: The parties agree that the following documents are incorporated into and are made a part of the Contract as if their terms and conditions were set forth herein: a. Appendix A: RFP 24-09, Waste Transfer and Disposal Services and its appendices that were issued by the City ("RFP") b. Appendix B: Fayetteville Fuel Surcharge Calculator c. Appendix C: Contractor's exceptions to certain provisions in response to the RFP In the event of any inconsistency or contradiction between the terms of this Contract and any of its Appendices or attachments, the order of precedence and controlling provisions shall be as follows: (1) this Contract; (2) Appendix C; (3) Appendix A; and (4) Appendix B. 4. CITY'S OBLIGATIONS: Obligations and services to be provided by Contractor under the terms of this Contract shall include the following: a. City hereby grants and the Contractor hereby accepts the sole and exclusive contract, license and privilege to dispose of all municipal, residential and commercial Solid Waste which is delivered to the Transfer Station. b. City shall own, operate and maintain the Transfer Station in accordance with all applicable laws and regulations. C. The Transfer Station shall be open for the performance of this Contract between the hours of 5:30 a.m. and 3:00 p.m., Monday through Friday and 5:30 a.m. and 1 1:00 a.m. on Saturday. d. City shall be responsible for loading the Solid Waste into Contractor's or its subcontractor's trailers. The obligation of City to load all Solid Waste into Contractor's or its subcontractor's trailers is an integral and material part of this Contract. City's obligation to provide loading services shall be a continuing obligation. In the event the City fails to meet the aforementioned loading obligations, which are not cured within thirty (30) days of receipt of a written notice from Contractor specifying the circumstances, then Contractor may terminate this Contract as of any date at least ten (10) days after the last day of the thirty (30) day cure period. e. City will be responsible for loading transport trailers with Solid Waste at payload weights no greater than that required to reach the gross vehicle weight limitation set by applicable law. However, in the interest of efficiency, the City is responsible for loading Solid Waste in such a way that a standard trailer with a capacity of 115 cubic yards will contain a minimum of 23 tons of Solid Waste. Any loads that do not meet the minimum weight will be subject the City to paying a surcharge as described in Section 6 below. f. City shall not load, send, or tender for delivery to Contractor any Unacceptable Waste. Contractor shall not accept title or any liability for Unacceptable Waste loaded onto Contractor's trucks at the Transfer Station. Title and responsibility for Unacceptable Waste shall remain with the generator of such material. Contractor and its subcontractor shall be obligated to monitor and observe the loading of Solid Waste at the Transfer Station, at its own cost and expense; however, City retains responsibility for excluding Unacceptable Waste from the material City loads into Contractor's trucks. g. If the City loads or causes Unacceptable Waste to be delivered to the Disposal Facility, the Contractor may in its sole discretion either remove, manage, handle, store, treat, and/or dispose of that Unacceptable Waste and charge the City for the costs, expenses, damages, fines, and penalties arising out of such activities or require the City to promptly remove, manage, handle, or dispose of the Unacceptable Waste from the Disposal Facility at the City's sole cost. City shall pay or reimburse Contractor for any and all costs, damages and/or fines incurred as a result of or relating to the City's tender or delivery of Unacceptable Waste, including costs of inspection, testing, analysis, legal fees, professional consulting fees, or removal costs. 5. CONTRACTOR'S OBLIGATIONS: The obligations and services to be provided by Contractor under the terms of this Contract shall include the following: a. All municipal, residential and commercial Solid Waste received at the Fayetteville Transfer Station shall be transported to a permitted and approved Disposal Site. The parties agree that the Contractor shall primarily transport all Solid Waste from the Transfer Station to the Eco-Vista Landfill; however, Contractor is also permitted to transport the Solid Waste to the Ozark Ridge Landfill, located at 10140 Ozark Ridge Access Lane, Danville, AR 72833, as an alternate facility for disposal. b. Contractor shall have full, complete, and sole control and direction over all aspects of its business and operation as contemplated under this Contract. Contractor shall provide all equipment, personnel, vehicles, and management required to fulfill Contractor's obligations under this Contract. Contractor shall be responsible for securing necessary permits and approvals from relevant Federal, State, and local governmental agencies having jurisdiction over its disposal operations referenced herein; provided, however, City shall retain responsibility for obtaining all permits and approvals related to the operation of the Transfer Station, including without limitation, any activities related to the loading of the Solid Waste into Contractor's or its subcontractor's trucks. During the term hereof, Contractor shall receive and accept the City's Solid Waste from the Transfer Station and transport and dispose of such Waste at the Disposal Facility, all in compliance with applicable laws and regulations. This Contract excludes and Contractor has no obligations to accept Unacceptable Waste for transport or disposal. d. All Solid Waste shall be removed from the Transfer Station by the end of each day (Monday through Saturday), including all holidays except New Year's Day, Thanksgiving Day, and Christmas Day. The first transport truck shall be at the City's Transfer Station by 5:30 AM and the last truck leaves approximately between 2:00 PM — 3:00 PM (M-F) and by 11:00 AM on Saturdays. e. Transporting of all Solid Waste shall be contained, tied, or enclosed, so that leaking, spilling, or blowing of waste is prevented. f. Contractor shall provide detailed inventory of assets illustrating that there is an adequate number of vehicles, trailers, and backup equipment, maintained in good physical condition. Information on all proposed labor, supervisors, maintenance, fuel, and necessary supplies to ensure the daily systematic and satisfactory performance of all services specified in this scope of work shall also be provided. g. Contractor shall prepare any required reports to all government agencies for the Work hereunder this Contract, if applicable, and will provide copies of said reports to City. h. Contractor shall provide to the City documented proof of disposal for each load. Such documentation shall be provided to the City with each invoice. 6. FEES: a. Base Rate. The City agrees to pay Contractor the current rate of $52.22 ($14.67 for transportation and $38.55 for disposal) per ton (the "Base Rate") through December 31, 2026, for Contractor's receipt and handling of the City's Solid Waste from the Transfer Station and the transportation and disposal of such Solid Waste at the Disposal Facility. An additional fuel surcharge shall be added to the Base Rates based on the surcharge further defined below during the term of this Contract. b. CPI Increase. Beginning on January 1, 2027 and on each January I thereafter (including in any renewal or extension terms), the Base Rate shall be automatically adjusted by the annual percentage change in the average that the Consumer Price Index, US City Average for All Urban Consumers (current series), Water, Sewer, Trash Collection, Not Seasonally Adjusted, Series ID CUUROOOOSEHG ("CPI") (https://beta.bis.gov/dataViewer/view/timeseries/CUUROOOOSEHG) has increased over the 12 most recently published months compared to the average CPI for the preceding twelve-month period for which the data has been published. If the above CPI ceases to be published, the parties agree to substitute another equally authoritative measure of change in the purchasing power of the U.S. dollar as may be then available so as to carry out the intent of this provision. i. The CPI published on the first Monday prior to the end of the month (or the first business day thereafter if such Monday is a Federal Holiday) shall be used to determine the monthly change. The annual percentage change shall be calculated by subtracting the average CPI value for the previous 12-months from the average CPI value for the most recent 12- month period, the result of which shall be divided by the prior 12-month period average. An example of the CPI annual increase calculation follows: Index 202012- 202112-Month Change Applied Month Average Percentage Average Change CPI — Water, Sewer, Trash 252.46 261.47 9.01 3.6% (9.01/252.46) ii. Waste Management shall coordinate with the City in writing prior to any implementation of any CPI price adjustment. Such coordination shall include the amount of the price adjustment, documentation substantiating the CPI published numbers, and the date the adjusted price takes effect. The City and Waste Management shall mutually agree on any increase, including calculation accuracy on CPI or other equally authoritative measure as applicable, prior to any price adjustment. c. Surcharges. In addition to the Base Rate above, the City shall pay to Contractor the following surcharges if the applicable conditions are met: i. Quarterly True Up. The City shall pay a Quarterly True Up payment to Contractor if the City does not achieve a twenty-three (23) tons per load quarterly average. The City shall pay to Contractor the difference for any short falls at a rate of $14.67 per missed ton, as set forth per the following example below ("Quarterly True Up"). Quarterly True up Example: Fayetteville to ECO at 22 tpl Minimum TPL: 23 Rate Per Ton: $14.67 Quarterly Total Tons: 1000 Quarterly Total Loads: 48 Quarterly Average TPL (Total Tons/Total Loads): 21.83 Missed Average TPL (Minimum TPL-Quarterly Average TPL): 1.17 Missed Tons (Quarterly Total Loads x Missed Average TPL): 56.16 WM Pays MBI For Minimum Charges (Missed Tons x Rate Per Ton): $823.87 ii. Fuel Surcharge. The City shall pay a fuel surcharge in addition to the Base Rates for transportation, disposal and the Quarterly True Up payment as follows ("Fuel Surcharge"): In the event that the price of fuel deviates from the threshold price per gallon, a mileage based fuel surcharge (or discount) shall be applied on a per haul basis. The surcharge will increase or decrease by one cent ($.01) per mile for every 5-cent increase or decrease in the price of diesel fuel above or below the threshold price of $3.50 per gallon, as determined by the corresponding per mile surcharge shown in the table attached as Appendix B. Calculations shall be made the first week of each month based upon the United States Energy Information Administration's (EIA) U.S. On -Highway Diesel Fuel Price Index for PADD 2 (Midwest) price as reported on their website at http://www.eia.gov/petroleum/gasdiesel/ or phone no. (202) 586-6966, will be used as typically announced each Monday, or on Tuesday when Monday is a federal holiday. 7. SECURING FOR PERFORMANCE — BID SECURITY: The Contractor will be required to furnish a corporate surety bond as security for the performance of the Work under this Contract. Said surety bond shall be in the amount of twenty five percent (25%) of the previous year's total value of the Contract. The premium for the bond(s) described above shall be paid by the Contractor. A certificate from the surety showing that the bond premium(s) is/are paid in full shall accompany the bond. The surety on the bond shall be from corporate surety company duly authorized to do business in the State of Arkansas. Bonds must be written by an "A" rated bonding company. 8. QUANTITIES: The City makes no warranties as to the quantities of Solid Waste available for transfer and disposal. During the term of this Contract all of the municipal, residential and commercial waste delivered to the Transfer Station (except recyclable waste recycled as such) shall be transported and disposed according to these Contract terms. 9. DISPOSAL SITES: Contractor shall provide evidence satisfactory to the City that the Contractor shall at all times have a commitment for adequate landfill air space adequate to exceed the projected needs of the Solid Waste to be disposed of hereunder during the term of the Contract, but in any case, not less than 10 years. Disposal Site will be in compliance with the Resource Conservation and Recovery Act, Subtitle "D" and any applicable subtitles or state, and/or local agency regulations required of said site. Prior to any change by the Contractor of the Disposal Site, the Contractor shall provide documentation to the City of Fayetteville that such site meets specifications hereunder. 10. REPRESENTATIONS OF THE CITY OF FAYETTEVILLE: The City represents and warrants that the Transfer Station shall be properly and fully permitted as a Solid Waste transfer station by all applicable federal, state and local governmental authorities. 11. DEFAULT AND TERMINATION: Except as otherwise provided herein, if either party defaults in the performance of any of the covenants or conditions contained herein this Contract, and fails to cure such default within sixty (60) days after the non -defaulting party has given the defaulting party written notice of such default (or if such default is of a nature that it cannot be cured within such sixty (60) day period, the defaulting party fails to commence the curing of such default within such sixty (60) day period, and fails to thereafter diligently pursue the curing thereof) (the "Cure Period"), the non -defaulting party may: (a) terminate this Contract as of any date which the non -defaulting party may select; (b) cure the default at the expense of the defaulting party; and/or (c) have recourse to any other right or remedy to which it may be entitled by law, including, but not limited to, the right to all damages or losses suffered as a result of such termination. In the event either party waives default by the other party, such waiver shall not be construed or determined to be a continuing waiver of the same or any subsequent breach or default. 12. AUDIT; ACCESS TO RECORDS a. Contractor shall maintain books, records, documents and other evidence directly pertinent to performance on Work under this Contract in accordance with generally accepted accounting principles and practices. Contractor will provide information within 30 calendar days of the City's request. City of Fayetteville, the State or any of their authorized representatives shall have access to relevant books, records, documents and other evidence for the purpose of inspection, audit and copying during normal business hours and upon prior reasonable notice; provided, however, there shall be no right to audit Contractor's books, records, documents and other evidence to determine profits or general administrative and overhead expenses. Contractor will provide proper facilities for such access and inspection. b. Records hereunder shall be maintained and made available for a period of five (5) calendar years or as otherwise required under Ark. Code Ann. § 14-59-114 and Ark. Code Ann. § 14-237-112. In addition, those records which relate to any dispute between the parties hereunder or any other claim or cause of action related to this Contract or performance hereunder, or to costs or items to which an audit exception has been taken, shall be maintained and made available until three years after the date of resolution of such appeal, litigation, claim or exception. c. Contractor will submit or assist with submission of any annual or other reports that may be required by any applicable law, rule, regulation, code, or ordinance of the City and any other county, state, or federal agency or entity associated with or otherwise implicated by this Contract. If any litigation, claim, negotiation, audit monitoring, inspection, or other action has been started before the expiration of the foregoing required record retention period, Contractor shall retain the records require hereunder until completion of the action and resolution of all issues which arise from it, or the end of the required period, whichever is later. 13. INDEMNIFICATION. Contractor agrees to defend and indemnify the City against damages, claims, costs, and lawsuits to the extent arising out of Contractor's negligent acts or omissions and willful misconduct, or its violation of any applicable law in providing the Work under this Contract, except that the City shall not be entitled to such indemnification from Contractor to the extent that the City's loss, expense, damage, charge or cost arises from a willful or negligent act or omission of the City, its officers, agents, subcontractors or employees. Upon obtaining knowledge of any matter giving rise to possible indemnification, the City shall notify the Contractor immediately. The Contractor shall have the right to defend or contest any such claim or demand in the name of the City. The City shall cooperate as the Contractor may reasonably request and shall make available to the Contractor or its representatives all records and other materials reasonably required in such defense. 14. ADMINISTRATIVE PROVISIONS: a. Non -Public Function. This is an agreement for the performance of specific services described herein. Under no circumstances or conditions shall the operation of the Disposal Facility or disposal of the Solid Waste by Contractor in accordance with this Contract be deemed a public function, nor has City acquired an interest, ownership, or otherwise in the real or personal property or improvements or fixtures used in providing the transportation services and/or the disposal services at the Disposal Facility by virtue of this Contract. b. Resolution, by Court of Law, Non -binding Mediation. Claims, disputes, or other matters in question between the parties to this Contract arising out of or relating to this Contract or breach thereof shall be subject to and decided by a court of law. The parties can agree to non -binding mediation prior to litigation. c. Notices. i. Delivery. Except as otherwise provided herein, any notice or other communication between the parties hereby regarding the matters contemplated by the Contract may be sent by United States mail (first class, airmail, or express mail), commercial courier, or personal delivery, in each case delivered to the address set forth below for the recipient. ii. Receipt. Communications shall be deemed received, if by mail, on the later of receipt or the third calendar day after deposit in the mail with postage prepaid; if by courier, when delivered as evidenced by the courier's records; and if by personal delivery, upon receipt. If received on a day other than a business day, or on a business day but after 4:30 p.m., recipient's local time, the communication will be deemed received at 9:00 a.m. the next business day. iii. Addresses. 1. If to City: City of Fayetteville Solid Waste Director 113 West Mountain Street Fayetteville, AR 72701 2. If to Contractor: Eco-Vista, LLC Attn: Jamie Vernon, Public Sector Mgr. 88 Joyce Lane Russellville, AR 72801 With a copy to: Waste Management Attn: Sr. Legal Counsel for Mid -South 800 Capitol St, Suite 3000 Houston, TX 77002 d. Assignment. The provisions of this Contract shall inure to the benefit of and be binding upon the respective successors and assignees of the parties hereto. Assignment of this Contract or any of the rights and obligations of Contractor hereunder, in whole or in part, requires the prior written consent of the City. Whenever the consent or approval of a party is required under this Contract, such consent or approval will not be unreasonably withheld, conditioned, or delayed. e. SeverabiIity. If any term, clause, or provision of this Contract or the application thereof to any person or circumstances shall, to any extent, be illegal, invalid, or unenforceable under present or future laws effective during the term of this Contract then it is the intention of the parties hereto that the remainder of this Contract, or the application of such term, clause, or provision to persons or circumstances other than those to which it is held illegal, invalid, or unenforceable, shall not be affected thereby; and it is also the intention of the parties hereto that, in lieu of each term, clause, or provision that is illegal, invalid, or unenforceable, there be added by a court of competent jurisdiction or otherwise as a part of this Contract a term, clause, or provision as similar in terms to illegal, invalid, or unenforceable term, clause, or provision as may be possible to effect the expressed intent of the parties and be legal, valid, and enforceable. f. Entire Agreement. The complete understanding between the parties is set out in this Contract, and this Contract supersedes and voids all prior and contemporaneous understandings, proposals, letters, agreements, or conditions expressed or implied, oral or written, except as herein contained. Any amendment, modification, waiver, or discharge of any requirement of this Contract will not be effective unless in writing signed by the parties hereto or by their authorized representatives. g. Relationship between the parties. The relationship of the parties shall be that of an independent contractor. No principal -agent or employer -employee relationship is created by this Contract. The parties hereto shall hold itself out in a manner contrary to the terms of this paragraph. No party shall become liable for any representation, act, or omission of any other party contrary to the terms of this paragraph. h. Force Ma,ieure. No party shall have any liability to the other hereunder by reason of any delay or failure to perform any obligation or covenant if the delay or failure to perform is occasioned by a Force Majeure event. For purposes of this Contract, "Force Majeure" shall mean any unforeseeable and unavoidable act of God, storm, fire, pandemic, epidemic, casualty, unforeseeable work stoppage or labor shortage, labor strike, lockout, labor dispute, equipment shortage or injunction, civil disturbance, riot, war, terrorism, national emergency, , act of public enemy, lack of; national defense requirements; imposition of government orders or changes in applicable local, state or federal laws, rules and regulations if it is not also the result of the willful misconduct or negligent action or inaction of the party relying thereon; or other cause of similar or dissimilar nature beyond its control. In the event Contractor is unable to transport City Solid Waste to the Disposal Facility because of a Force Majeure event, Contractor may, at its sole risk, store up to a maximum of five (5) loaded vehicles and/or trailers at the Transfer Station for a period not to exceed Federal, State, or local regulations. The storage shall remain in effect only until normal operating conditions are restored. Any time that City or Contractor intends to rely upon an event of Force Majeure to suspend obligations as provided in this section, the declaring party shall notify the other party to this Contract as soon as reasonably practicable, describing in reasonable detail the circumstances of the event of Force Majeure. Notice shall again be given when the effect of the event of Force Majeure has ceased. i. Headines. The headings in this Contract are for convenience and reference and are not intended to define or limit the scope of any provision of this Contract. j. Counterparts. This Contract may be executed in multiple counterpart copies and by facsimile or emailed signatures, each and all of which will be deemed an original. 15. FREEDOM OF INFORMATION ACT: City of Fayetteville contracts and documents prepared while performing City of Fayetteville contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the Contractor will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. § 25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for the compliance. 16. JURISDICTION AND VENUE: This Contract shall be interpreted and enforced pursuant to Arkansas law. Jurisdiction and venue shall be in Washington County, Arkansas or the United States District Court for the Western District of Arkansas. IN CONJJZACT with the provision set out above, we sign our names below on this the —17� day of- Qtc-t4-nher-- , 2024. ECO-VISTA, LLC .2. ii A'Aotusl VP Printed Name and Title CITY OF FAYETTEVILLE, ARKANSAS M. Lioneld Jordan, Mayor Witness: By: ea4lk& i lg' _ Company Secretary Printed Name and My Commission Expires March 21, 2026 ROE s. wits c3�• oti ' • STATE OF TENNESSEE NOTARY _ PUSLIC �IAMSOS1,,,`,, . Attest: By: Kara Paxton, City Clerk/Treasurer