Exhibit 1 - Agenda Information Sheet
City of Denton
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AGENDA INFORMATION SHEET
DEPARTMENT: Procurement & Compliance
ACM: David Gaines
DATE: August 10, 2021
SUBJECT
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation,
authorizing the City Manager, or their designee, to execute a contract with New Waste Concepts, Inc., for
the purchase of a spray on cover material for the City of Denton Landfill, which is the sole provider of this
commodity, in accordance with Texas Local Government Code 252.022, which provides that procurement
of commodities and services that are available from one source are exempt from competitive bidding, and
if over $50,000, shall be awarded by the governing body; providing for the expenditure of funds therefor;
and providing an effective date (File 7763 – awarded to New Waste Concepts, Inc., for three (3) years,
with the option for two (2) additional one (1) year extensions, in the total five (5) year not-to-exceed amount
of $1,455,000.00).
INFORMATION/BACKGROUND
The City of Denton owns and operates a 252-acre Type I Municipal Solid Waste (MSW) landfill which
disposes of an average of 1,094 tons per day of MSW as reported by the Paradigm system.
Under the Texas Municipal Solid Waste regulations, 30 Texas Administrative Code 330.149, and the issued
Texas Commission of Environmental Quality (TCEQ) permit 1590B, the facility per the 1590B Settlement
Agreement Section 2.1.3 Odor Control is required beginning on the approval date to cease using tarps for
Alternate Daily Cover (ADC) at the Landfill, except (i) when temperatures are below 32 degrees Fahrenheit,
(ii) more than one inch of rainfall has fallen in the prior 24-hours as measured at the Denton Airport, or (iii)
Denton’s supplier is delayed in providing spray-on alternative daily cover. Alternate Daily Cover shall be
applied according to the manufacturer’s specifications. Based on a 25,000 square feet working face size,
we would use approximately four 50lb. bags of ProGuard SB3 and 11 bags of Hydrolok Cellulose daily per
manufacturer’s specifications. The Landfill’s TCEQ 1590B Permit Part IV Appendix H- Alternate Daily
Cover Operating Plan states we can only use Tarps or ProGuard SB Slurry Material for ADC.
The landfill is approximately 28,500 square feet and operates 6 days a week. The cost is $1,035 for a daily
rate, based on needing two bags of SB2 at $250, 4 bags of SB3 at $620, and 11 bags of Cellulose at $165.
The yearly cost will be around $322,920.
FY 20-21 $ 47,080
FY 21-22 $ 322,920
FY 22-23 $ 322,920
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
FY 23-24 $ 322,920
FY 24-25 $ 322,920
Contingency $ 116,240
Total $ 1,455,000
Section 252.022 of the Local Government Code provides that procurement of sole source commodities and
services are exempt from competitive bidding, if over $50,000, shall be awarded by the governing body.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On August 9, 2021, this item will be presented to the Public Utilities Board (PUB) for consideration.
RECOMMENDATION
Award with a contract to New Waste Concepts, Inc., as a sole source supplier, for the purchase of a spray
on cover material for the City of Denton Landfill, in a three (3) year, with the option for two (2) additional
one (1) year extensions, in the total five (5) year not-to-exceed amount of $1,455,000.
PRINCIPAL PLACE OF BUSINESS
New Waste Concepts, Inc.
Perrysburg, OH
ESTIMATED SCHEDULE OF PROJECT
This is an initial three (3) year contract with options to extend the contract for two (2) additional one (1)
year periods, with all terms and conditions remaining the same.
FISCAL INFORMATION
These items will be funded from Solid Waste Operating Funds. The City will only pay for services rendered
and is not obligated to pay the full contract amount unless needed.
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: Ordinance and Contract
Respectfully submitted:
Lori Hewell, 940-349-7100
Purchasing Manager
For information concerning this acquisition, contact: Randall Morris, 940-349-8049.
Legal point of contact: Marcella Lunn at 940-349-8333.