ESBD_401265_1741383122584_RFP 2025-022 MSW 2400 Pollution and Environmental Liability Coverage.pdf

REQUEST FOR PROPOSAL

RFP No. 2025-022

MSW 2400 Pollution and Environmental Liability Coverage

Issue Date: March 10, 2025 Closing Date & Time: April 1, 2025, 2:00 P.M. CT

Opening Date & Time: April 1, 2025, 2:05 P.M. CT

For Information Contact:

Christopher Hanchard, Purchasing Agent, 254-750-6640, or christopherh@wacotx.gov

Pre-Proposal Meeting:

No Pre-Proposal Meeting Scheduled

RFP Opening Location:

Purchasing Services Office, 1415 N. 4th Street, Waco, Texas via Zoom Video Conferencing Only (Please see Page 3)

Zoom & Dial-In Information:

Please see Page 3

Purchasing Services Post Office Box 2570 Waco, Texas 76702-2570 Telephone 254 / 750-8060

Fax 254 / 750-8063 waco-texas.com

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BONFIRE ELECTRONIC BIDDING

The City of Waco is transitioning to Electronic Bidding, Proposals and Qualification (RFB/RFP & RFQ) submissions. These requests will be managed through the new City’s Data base system, Bonfire.

We ask vendors to register with Bonfire to access and respond to any advertisement for bids and services required by the City. Registration is secure and user friendly. Vendors can register at the link below. Once registered, vendors will be able to:

Register with the City of Waco.

Receive notifications for bids and services requests from the City.

Stay updated on changes, addendums, open solicitations.

Submit bids and proposals electronically.

Vendors can inquire about the details and requirements of various bidding opportunities.

The City will still accept bids and proposals by mail or drop off. Notifications of changes, addendums and updates will also be available on the City’s website as well as other media outlets the City uses for solicitations.

The City appreciates your participation. If you have questions during the electronic bid/proposal process, please contact the issuing buyer, whose contact information can be found in the solicitation document. You can also contact Bonfire with registration or customer support issues.

Website links to assist you: waco-texas.bonfirehub.com/login

MINORITY, WOMEN-OWNED BUSINESS ENTERPRISE (MWBE)

The City of Waco is committed to providing fair and equal opportunities for all vendors, especially those who face disadvantages in bidding and providing services to the City. The City collects and reports data on the MWBE status of vendors to the federal government as part of this effort. Vendors are asked to fill out the MWBE form and submit it with their offer when they respond to a bid or proposal solicitation.

The MWBE status helps the City ensure that small and disadvantaged businesses are included in the competitive solicitation process. However, the MWBE status does not determine the award of a contract.

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ZOOM ACCESS INSTRUCTIONS & ADDITIONAL

INFORMATION

PRE-PROPOSAL

RFP NUMBER:

DATE:

TIME: CENTRAL

QUICK LINK:

MEETING ID:

DIAL IN NUMBER:

PASS CODE:

ADDITIONAL

INFORMATION:

No Pre-Proposal Meeting Scheduled

PROPOSAL OPENING

RFP NUMBER:

DATE:

TIME: CENTRAL

QUICK LINK:

MEETING ID:

DIAL IN NUMBER:

PASS CODE:

ADDITIONAL

INFORMATION:

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TABLE OF CONTENTS

Register Interest Form I. Schedule for Solicitation for Competitive Sealed Proposal II. Contact with City of Waco III. Definitions IV. Requested Services V. Request For Proposals – Submission and Award Procedures

Appendices A. Scope of Services and Specifications / Pricing Forms

(1) Detailed Insurance Requirements

(2) MSW 2400 Location

(3) Proposal Pricing Forms

B. Contract Requirements

(1) City of Waco General Terms and Conditions

(2) Sales Tax Information

(3) HB 89 Energy Form

(4) HB 89 Firearms Form

(5) HB 89 Israel Form

(6) HB1295 Information Sheet

(7) Foreign Terrorist Organization Form

(8) Protest Procedure

C. Forms to Complete and Return

(1) Submission of Bid/Proposal and Acknowledgment of Addenda

(2) Business Identification Form

(3) Conflict of Interest Questionnaire (CIQ form)

(4) Disclosure of Relationships with City Council/Officers (City Charter)

(5) Minority Women Owned Business & HUB Certification

(6) Litigation Disclosure

(7) Certification Regarding Debarment

(8) Non-collusion Affidavit

(9) Texas Public Information Act

(10) Drug Free Workplace

(11) W-9 Form

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RFP No. 2025-022

MSW 2400 Pollution and Environmental Liability Coverage

Please Register for Notification

REGISTER INTEREST

You have received a copy of the above-described Request document. If you would like to register your interest in this project so that you will receive any future notices or addenda concerning the project, please fill in the information requested below and fax this page to 254-750-8063. You may also scan this page and email to: christopherh@wacotx.gov.

Company/Firm:

Name of Contact Person(s):

Email(s):

Telephone: Fax:

Mailing Address:

It is your responsibility to complete and return this form to the City. Failure to do so will result in your not receiving notices and addenda related to this project from the City of Waco.

Notices and addenda are posted on the City’s website and can be accessed at: waco-texas.com/bids

City of Waco Purchasing Services Post Office Box 2570

Waco, Texas 76702-2570 Telephone 254 / 750-8060

Fax 254 / 750-8063 waco-texas.com

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I. SCHEDULE FOR SOLICITATION COMPETITIVE SEALED

PROPOSAL

The proposed schedule of events is tentative and may be modified throughout the selection process at the discretion of the City of Waco.

Issuance of the RFP

Pre-Proposal Information

Deadline for questions in 5:00 P.M.

Proposals due by 2:00 P.M.

Proposal Opening at 2:05 P.M.

Evaluation of submission

March 10, 2025 None Scheduled March 25, 2025 April 1, 2025 April 1, 2025 April 2 - April 7, 2025

Interviews or Presentations may be conducted

Tentatively, the final selection decision will be made, and submitters will be notified of award by, April 18, 2025. This schedule is subject to change by the City.

II. CONTACT WITH CITY OF WACO

The contact person for this solicitation process is: Christopher Hanchard, Purchasing Agent who can be reached at:

Email: christopherh@wacotx.gov Telephone: (254) 750-6640 Fax: (254) 750-8063

Questions concerning the solicitation can be submitted through the City of Waco’s Bonfire portal at waco-texas.bonfirehub.com/login (preferred) or by email to the contact person listed above.

Official Address (if needed) - City of Waco Purchasing Services Attn: Christopher Hanchard, Purchasing Agent 1415 North 4th Street Waco, Texas 76707

Contact someone other than the Purchasing Agent listed above, or his/her designated representative at the City of Waco concerning this solicitation may be grounds for removal from consideration.

Interpretation, modification, corrections, or changes to the solicitation documents will be made by addenda issued by the City of Waco. Addenda will also be made available through the City of Waco’s Bonfire portal at waco-texas.bonfirehub.com/login or the City of Waco Website at waco-texas.com/bids. Interested professional service providers are encouraged to return the Register Interest form on the previous page.

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III. DEFINITIONS

The following definitions apply to this document and the transaction between the City and the selected submitter unless otherwise designated in the context. Terms, which are singular, may include multiple, where applicable and when in the best interests of the City:

(1) “City” means and refers to the City of Waco, Texas.

(2) “Company” or “Firm” means and refers to any submitter, whether such submitter be a sole proprietor, corporation, company, partnership, company, or any other entity legally defined or recognized under the laws of the State of Texas.

(3) “Proposal” or “Submission” or “Submittal” refers to a response submitted to an RFP.

(4) “Project Review Committee” means a committee established by the City to review and score the submitted Proposals. The Committee may be composed of City of Waco staff, City Councilmembers, or their designees, or other individuals selected to serve on the committee by the City.

(5) “RFP” means and refers to this Request for Proposals.

(6) “Selected submission” means and refers to the submission sent to the City of Waco by the Selected Firm.

(7) “Selected Firm” means the firm who is selected by the City and to whom the City Council/City Manager awards a contract for the services or commodities requested in this solicitation.

(8) “Solicitation” means an RFP issued by the City Waco seeking products or services described in the document.

(9) “Submitter” or “Vendor” or “Proposer” or “Contractor” means a firm that submits a response to a solicitation.

(10) “Contract documents” includes the RFP and all of the Appendices attached to the RFP.

(11) “Day” means a calendar day unless otherwise specifically defined.

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IV. REQUESTED SERVICES/PRODUCTS

A. Scope of Services / Specifications The City of Waco seeks to procure environmental and pollution liability insurance coverage for its MSW 2400 landfill located at 4730 TK Parkway, Axtell, Texas. The coverage must address new and pre-existing pollution conditions, including cleanup costs, damages, and claim expenses related to pollution incidents identified during the policy period. These protections are essential for managing environmental risks specific to landfill operations and ensuring compliance with regulatory requirements. Providers must offer policy duration options of one (1), three (3), five (5), or ten (10) years and demonstrate their ability to deliver consistent and uninterrupted coverage for the selected term. All coverage must align with applicable local and federal regulations, supporting the City’s commitment to effective environmental risk management and sustainable landfill operations. Detailed specifications are provided in Appendix A to guide proposal submissions.Detailed requirements, including policy limits, exclusions, and specifications, are outlined in Appendix A.

(1) A digital version of this document can be obtained from the City of Waco’s Bonfire portal at Waco-texas.bonfirehub.com/login or the City of Waco Website at Waco-texas.com/bids.

Terms Conditions & Requirements In addition to the specifications for the Project, the attached Appendices include the City’s Contract Requirements.

Duration of Services

Providers must offer coverage options for durations of one (1), three (3), five (5), or ten (10) years and demonstrate the ability to maintain consistent and uninterrupted coverage throughout the policy term. All coverage must comply with applicable local and federal regulations and align with the City’s objectives for effective environmental risk management and sustainable landfill operations.

Detailed requirements and specifications are included in Appendix A to guide proposal preparation.

C.

B.

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D. Reservations by City:

The City of Waco reserves the right to reject any and all submittals. The issuance of this solicitation does not obligate the City to contract for expressed or implied services. The City of Waco will not reimburse proposers for any costs incurred during the preparation or submittal of responses to this solicitation.

(1) Furthermore, the City expressly reserves the right to:

(a) Waive any defect, irregularity, or informality in any submittal or procedure.

(b) Extend the solicitation closing time and date.

(c) Reissue this solicitation in a different form or context.

(d) Procure any item by other allowable means.

(e) Waive minor deviations from specifications, conditions, terms, or provisions of the solicitation, if it is determined that waiver of the minor deviations improves or enhances the City’s business interests under the solicitation; and/or

(f) Extend any contract when most advantageous to the City, as set forth in this solicitation.

(g) Retain all proposals submitted and to use any ideas in a proposal regardless of whether or not that proposal is selected

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V. REQUEST FOR PROPOSALS – SUBMISSION AND AWARD

PROCEDURES

A. Requirements

(1) Proposals should be kept to the minimum necessary length to explain the proposer’s attributes and pricing. Typed responses are preferred in Times New Roman, Arial or Calibri font.

Responses must be clear and may be subject to disqualification if illegible.

(2) Qualified firms should submit their qualifications through the City of Waco’s Bonfire portal at waco-texas.bonfirehub.com/login. Paper/Physical submissions will still be accepted and should include one (1) electronic copy (CD or Flash Drive) and (1) original and four (4) copies of their statements of qualifications on 8 ½ x 11 paper. These must be received by the date set out above in the Schedule of Solicitation for a submitting firm to be considered:

(3) Cover sheet containing RFP number, project name, and proposer’s name, address, and telephone number.

(a) A brief company history.

(b) Completed and signed copies of Forms included in Appendix C.

(c) A short narrative of the proposer’s approach to the project and a statement of understanding targeting the specific nature of this project.

(d) Pricing/Cost Information – Pricing Forms

(i) All pricing and cost information is to be submitted less Federal Excise and State of Texas Sales Taxes. A tax exemption certificate will be executed upon request. The City’s federal tax identification number is 1-74-6002468-4.

B. Completeness of Submission

(1) Proposers are responsible for examining and being familiar with all specifications, drawings, standard provisions, instructions, and terms and conditions of the solicitation and their responses.

(2) The proposer must attach all required forms with each submission copy. Forms must be signed by a representative of the proposer authorized to bind the proposer contractually. The proposer must include a statement identifying any exceptions to this RFP or declare that there are no exceptions taken to the RFP.

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C. Response Date and Location

Responses to this solicitation must be received by 2:00 p.m. (Central Time) on April 1, 2025.

The City prefers that vendors use the new Bonfire portal at waco-texas.bonfirehub.com/login, paper submissions will still be received at the address listed below Via Delivery Services or Personal Delivery to:

Attn: Christopher Hanchard, Purchasing Agent 1415 North 4th Street Waco, Texas 76707

If using U.S. Mail, note that U.S. Mail is initially received at Waco City Hall and then delivered to the office of Purchasing Services by a City courier. That delivery may occur a day or more after being received at Waco City Hall. Allow additional time in advance of the proposal due date for U.S. Mail delivery. If the Purchasing Office has not received the proposal by the stated deadline, the proposal will be returned unopened.

All submissions shall be sent to the attention of the Purchasing Agent in a sealed envelope that is clearly marked on the outside as follows:

“RFP 2025-022, MSW 2400 POLLUTION AND ENVIRONMENTAL

LIABILITY COVERAGE”

Proposals will be opened at 2:05 P.M. (Central Time) on April 1, 2025

Proposers accept all risk of late delivery bids regardless of instance or fault. A proposal received after the submission deadline will not be considered and will be returned unopened to the submitter.

The City will NOT accept a response submitted by facsimile transmission (fax) or by electronic mail (email).

All submissions and accompanying documentation will become the property of the City.

D. Modification to or Withdrawal of Submission

Submissions cannot be altered or amended after the submission deadline passes. Submissions may be modified prior to the deadline by providing a written notice to the Purchasing contact person at the address previously stated. To modify a submission prior to the submission deadline:

(1) Submit a written notice of the modification WITHOUT revealing the pricing/cost or terms information. The modification should provide the addition, subtraction, or other modifications so that the final pricing/costs or terms will not be revealed to the City until the sealed proposal is opened.

(2) The written modification may be submitted by electronic transmission (fax or email or personal delivery to Purchasing Agent identified earlier in this document. The written modification must

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(3) If the modification is submitted through an electronic transmission (fax or email), the City must receive an original of the modification document signed by the proposer and submitted to a delivery company (UPS, FedEx, etc.) prior to the proposal closing time. If the original of the modification was not submitted to a delivery company prior to the closing time or is not received within three (3) days after the closing time of the bid, consideration will not be given to the modifications provided in the electronic transmission.

A submission may also be withdrawn by providing the notice in person by a representative of the vendor who can provide proof of his authority to act for the proposer. The representative will be required to execute a receipt reflecting the submission is being withdrawn. If a submission is withdrawn before the submission deadline stated herein, the proposer may submit a new sealed proposal provided the new proposal is received prior to the closing date and time deadline stated on page 1. This provision does not change the common law right of a submitter to withdraw a submission due to a material mistake in the submission.

E. Submission Validity Period

A submission responding to this RFP signifies the vendor’s agreement that the submission and the content thereof, are valid for ninety (90) days following the submission deadline unless otherwise agreed to in writing by all parties. The submission may become part of the contract that is negotiated between the City and the successful proposer.

F. Cost to Develop Submission

Costs for developing and assembling submissions in response to this solicitation are entirely the responsibility and obligation of the proposer and shall not be reimbursed in any manner by the City.

G. Evaluation Procedures

The proposals will be initially reviewed and evaluated by a Project Review Committee. Each proposal should be as complete and accurate as possible. The City reserves the right to request additional information or clarifications, oral discussions, or presentations in support of the proposal.

H. Vendor Presentation

The evaluation by the Project Review Committee will be presented to the City Manager or Executive staff, who will determine whether proposers may be invited to make a formal presentation of their proposal and/or sit for a panel interview. There is no obligation for the City to host interviews in order to make the final selection

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I. Evaluation Criteria

The following criteria will be used to evaluate the submittals (scoring points available):

J. Final Selection

Based on all information reviewed and presentations/interviews (if conducted), the City Manager, department director, or management staff shall establish the final ranking of the proposals.

(1) During the evaluation process, the City reserves the right, where it may serve the City’s best interest, to request additional information or clarifications from proposers.

K. Contact Award and Execution The final contract must be awarded and approved by the Waco City Council if the amount of the contract will exceed $50,000.00. If the contract is for less than that amount, depending on the amount, the contract may be executed by the City Manager, an Assistant City Manager, department head or director.

RFP Scoring Criteria Description Scoring Points

Available The Proposed Pricing Total cost of the policy, including premiums, deductibles, and any additional fees. The lowest responsive and responsible bid receives the highest score.

Policy Coverage & Limits Adequacy of coverage, including liabiility limits, pollution coverage, remediation costs, third-party liability, and any exclusions that may impact landfill operations.

Insurance Provider Experience and Financial Strength

Provider's experience in insuring landfills and solid waste facilities, financial stability (A.M. Best rating or equivalent), and ability to meet claim obligations.

Claims Handling & Customer Support

Efficiency in claims processing, response time, availability of dedicated claims representatives, and customer service capabilities.

TOTAL AVAILABLE POINTS 100

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APPENDIX A

Scope of Services and Specifications / Pricing Form

(1) Detailed Insurance Requirements

(2) MSW 2400 Location

(3) Pricing Forms (1, 3, 5, 10 Year)

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Form:

Limit:

Deductible:

Term Options:

Covered Location:

Coverage:

Site Environmental Liability Coverage Requirements

Claims Made (Inception Retroactive Date)

$1,000,000 Each Pollution Condition Limit $1,000,000 Aggregate $250,000 Additional Claim Expenses $250,000 Crisis and Reputation Expenses

$100,000

1 Year 3 Years 5 Years 10 Years

Approximately 502.5 acres at 4730 TK Parkway / Axtell, TX, 76624

Cleanup Costs, Damages and Claim Expenses because of a claim for a Pollution Condition Conditions:

Pay on Behalf of Right and Duty to Defend Consent to Settle / 100% Hammer Clause Include Existing Pollution Conditions (1st Party Discovery) / Retroactive Date N/A Include New Pollution Conditions (1st Party Discovery)

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RFB 2025-022 MSW 2400 POLLUTION AND ENVIRONMENTAL LIABILITY

PRICING FORM

(1 YEAR COVERAGE)

Year Base Annual Premium ($) Discounts Applied ($) Adjusted Annual Premium ($) Extra Options ($) Total Annual Cost ($) Cumulative Total ($) Remarks Year 1

Total Total Coverage

Instructions for Completion:

1. Base Annual Premium ($): Input the standard premium for each year.

2. Discounts Applied ($): List any discounts applied for multi-year commitments, claims-free status, bundling, or other incentives.

3. Adjusted Annual Premium ($): Subtract discounts from the base annual premium.

4. Extra Options ($): Add costs for any selected additional options, such as crisis management, terrorism coverage, or higher liability limits.

5. Total Annual Cost ($): Add the adjusted annual premium and the cost of extra options for each year.

6. Cumulative Total ($): Calculate the running total to reflect the overall cost up to each year.

7. Remarks: Include any relevant notes, such as deductible changes, inflation adjustments, or special coverage terms.

Please complete the section below to confirm submission of your pricing proposal:

Company Name:

Contact Person:

Title:

Phone Number:

Email Address:

Address:

Authorized Signature:

Date:

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(3 YEAR COVERAGE)

Year Base Annual Premium ($) Discounts Applied ($) Adjusted Annual Premium ($) Extra Options ($) Total Annual Cost ($) Cumulative Total ($) Remarks Year 1

Year 2

Year 3

Total Total Coverage

Instructions for Completion:

1. Base Annual Premium ($): Input the standard premium for each year.

2. Discounts Applied ($): List any discounts applied for multi-year commitments, claims-free status, bundling, or other incentives.

3. Adjusted Annual Premium ($): Subtract discounts from the base annual premium.

4. Extra Options ($): Add costs for any selected additional options, such as crisis management, terrorism coverage, or higher liability limits.

5. Total Annual Cost ($): Add the adjusted annual premium and the cost of extra options for each year.

6. Cumulative Total ($): Calculate the running total to reflect the overall cost up to each year.

7. Remarks: Include any relevant notes, such as deductible changes, inflation adjustments, or special coverage terms.

Please complete the section below to confirm submission of your pricing proposal:

Company Name:

Contact Person:

Title:

Phone Number:

Email Address:

Address:

Authorized Signature:

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(5 YEAR COVERAGE)

Year Base Annual Premium ($) Discounts Applied ($) Adjusted Annual Premium ($) Extra Options ($) Total Annual Cost ($) Cumulative Total ($) Remarks Year 1

Year 2

Year 3

Year 4

Year 5

Total Total Coverage

Instructions for Completion:

1. Base Annual Premium ($): Input the standard premium for each year.

2. Discounts Applied ($): List any discounts applied for multi-year commitments, claims-free status, bundling, or other incentives.

3. Adjusted Annual Premium ($): Subtract discounts from the base annual premium.

4. Extra Options ($): Add costs for any selected additional options, such as crisis management, terrorism coverage, or higher liability limits.

5. Total Annual Cost ($): Add the adjusted annual premium and the cost of extra options for each year.

6. Cumulative Total ($): Calculate the running total to reflect the overall cost up to each year.

7. Remarks: Include any relevant notes, such as deductible changes, inflation adjustments, or special coverage terms.

Please complete the section below to confirm submission of your pricing proposal:

Company Name:

Contact Person:

Title:

Phone Number:

Email Address:

Address:

Authorized Signature:

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(10 YEAR COVERAGE)

Year Base Annual Premium ($) Discounts Applied ($) Adjusted Annual Premium ($) Extra Options ($) Total Annual Cost ($) Cumulative Total ($) Remarks Year 1

Year 2

Year 3

Year 4

Year 5

Year 6

Year 7

Year 8

Year 9

Year 10

Total Total Coverage

Instructions for Completion:

1. Base Annual Premium ($): Input the standard premium for each year.

2. Discounts Applied ($): List any discounts applied for multi-year commitments, claims-free status, bundling, or other incentives.

3. Adjusted Annual Premium ($): Subtract discounts from the base annual premium.

4. Extra Options ($): Add costs for any selected additional options, such as crisis management, terrorism coverage, or higher liability limits.

5. Total Annual Cost ($): Add the adjusted annual premium and the cost of extra options for each year.

6. Cumulative Total ($): Calculate the running total to reflect the overall cost up to each year.

7. Remarks: Include any relevant notes, such as deductible changes, inflation adjustments, or special coverage terms.

Please complete the section below to confirm submission of your pricing proposal:

Company Name:

Contact Person:

Title:

Phone Number:

Email Address:

Address:

Authorized Signature:

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APPENDIX B

Contract Requirements

(1) City of Waco General Terms and Conditions

(2) Sales Tax Information

(3) HB 89 Energy Form

(4) HB 89 Firearms Form

(5) HB 89 Israel Form

(6) House Bill 1295 Information Sheet

(7) Foreign Terrorist Organization Form

(8) Protest Procedure

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APPENDIX B.(1)

General Waco Terms and Conditions

(a) Applicable Law and Venue. This solicitation and any resulting contract will be governed and construed according to the laws of the State of Texas. The terms and conditions of the contract awarded pursuant to the solicitation are fully performable in McLennan County, Texas and venue for any dispute regarding contract shall be in McLennan County, Texas.

(b) Arbitration / Mediation. The City of Waco will not agree to binding or mandatory arbitration or mediation.

(c) Conflict of Interest. Vendor agrees to comply with the conflict of interest provisions of the Waco City Charter, Waco Code of Ordinances, and/or state law.

Vendor agrees to maintain current, updated disclosure of information on file with the Purchasing Services Division throughout the term of the contract.

(d) Gratuities. The City may, by written notice to the Vendor, cancel this contract without liability to the City, if it is determined by the City that gratuities have been offered to any officer or employee of the City with a view toward securing a contract, securing favorable treatment with respect to the awarding, amending, or the making of any determinations in respect to the performance of such a contract. In the event this contract is canceled by City as set forth in this paragraph, the City shall be entitled to recover from Vendor all additional costs incurred by City as a result of the cancellation.

(e) Unfunded Liability. City's obligation is payable only and solely from funds available for the purpose of this purchase. Lack of funds shall render this contract null and void to the extent funds are not available and any delivered but unpaid for goods will be returned to Vendor by City. The City will not incur a debt or obligation to pay selected bidder any amounts the City does not have the current funds available to pay, unless the contract includes a provision for the City to appropriate funding for the debt or obligation.

(f) Advance Payments. The City will not make advance payments to a selected firm or any third party pursuant to this solicitation or resulting contract.

(g) Gift of Public Property. The City will not agree to any terms or conditions that cause the City to lend its credit or grant public money or anything of value to the selected firm.

(h) Procurement Laws. The City will not agree to any terms or conditions that cause the City to violate any federal, Texas, or local procurement laws, including its own charter.

(i) Limitation of Liability. The City of Waco will not agree to an artificial limitation of liability (e.g. liability limited to contract price or liability capped at an amount actually paid in previous 3 months, etc.) or an artificial statute of limitations (e.g. any lawsuit must be commenced within one year of the event).

(j) Waiver. No claim or right arising out of a breach of the contract resulting from this solicitation can be discharged in whole or in part by a waiver or renunciation of the

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(k) Right To Assurance. Whenever one party to this contract in good faith has reason to question the other party's intent to perform, that party may request that the other party give written assurance of his intent to perform. In the event that a request is made and no assurance is given within five (5) days, the requesting party may treat this failure as an anticipatory repudiation of the contract.

(l) Attorney’s fees; Legal Costs. The City will not agree to pay the selected firm’s attorney’s fees or other legal costs under any circumstances.

(m) Advertising. Vendor shall not advertise or publish, without City's prior consent, the fact that City has entered into this contract, except to the extent necessary to comply with proper requests for information from an authorized representative of the federal, state or local government.

(n) Arrears In Taxes. Article VII. Taxation, Section 8, of the City of Waco Home Rule Charter states: The City shall be entitled to counterclaim and offset against any debt, claim, demand or account owed by the City to any person, firm or corporation who is in arrears to the City of Waco for taxes, in the amount of taxes so in arrears, and no assignment or transfer of such debt, claim, demand or account after the said taxes are due, shall affect the right of the City to offset the said taxes against the same.

(o) Tax Certification; Offset of Other Debts Against City. Selected bidder hereby certifies that it is not delinquent in the payment of taxes owed to the City and will pay any taxes owed to the City so that such taxes will not become delinquent. If this certification is subsequently determined to be false, such false certification shall constitute grounds for termination of the contract awarded under this SOLICITATION, at the option of City. Furthermore, Selected bidder agrees the City is entitled to counterclaim and offset against any debt, claim, demand, or account owed by the City to the selected bidder, pursuant to the awarded contract, for any debt, claim, demand, or account owed to the City, including other than the taxes mentioned above. The City may withhold from payment under the awarded contract an amount equal to the total amount of debts, claims, accounts, or demands including taxes owed to the City by the selected bidder. The City may apply the amount withheld to the debts and taxes owed to the City by the selected bidder until said debts are paid in full. No assignment or transfer of such debt, claim, demand or account after the said taxes or debts are due shall affect the right of the City to offset the taxes and the debt against the same.

(p) Independent Contractor. The selected bidder will be an independent contractor under the contract. Professional services provided by the selected bidder shall be by the employees or authorized subcontractors of the selected bidder and subject to supervision by the selected bidder, and not as officers, employees or agents of the City. Selected bidder will be required and agrees to comply with all state and federal employment laws as well as all other federal, state and local laws, rules and regulations affecting the performance of all obligations taken herein.

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(q) No Joint Enterprise/Joint Venture. It is not the intent of this solicitation or the contract to be awarded to create a joint enterprise or joint venture.

(r) Subcontracting Bid. If subcontracting with another company or individual is proposed, that fact, along with providing the same information for the subcontractor that is required to be provided by the bidder under this solicitation, must be provided and clearly identified in the bid. Following the award of the contract, no additional subcontracting will be permitted without the express prior written consent of the City.

(s) Assignment-Delegation. No right or interest in the contract shall be assigned or delegation of any obligation made by Vendor without the written permission of the City. Any attempted assignment or delegation by Vendor shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph.

(t) Modifications: This contract can be modified or rescinded only by a written instrument signed by both of the parties or their duly authorized agents.

(u) Interpretation-Parol Evidence: This writing is intended by the parties as a final expression of their agreement and is intended also as a complete agreement for dealings between the parties and no usage of the trade shall be relevant to supplement or explain any term used in this agreement. Acceptance or acquiescence in a course of performance rendered under this agreement shall not be relevant to determine the meaning of this agreement even though the accepting or acquiescing party has knowledge of the performance and opportunity for objection.

(v) Equal Employment Opportunity: Vendor agrees that during the performance of its contract it will:

1. Treat all applicants and employees without discrimination as to race, color, religion, sex, national origin, marital status, age, or handicap.

2. Identify itself as an "Equal Opportunity Employer" in all help wanted advertising or request. The Vendor shall be advised of any complaints filed with the City alleging that Vendor is not an Equal Opportunity Employer. The City reserves the right to consider its reports from its human relations administrator in response to such complaints in determining whether or not to terminate any portion of this contract for which purchase orders or authorities to deliver have not been included, however, the Vendor is specifically advised that no Equal Opportunity Employment complaint will be the basis for cancellation of this contract for which a purchase order has been issued or authority to deliver granted.

(w) Israel: Vendor acknowledges that effective September 1, 2017, the City is required to comply with Section 2270.001 of the Texas Government Code, enacted by House Bill 89 (85th (R) Texas Legislature), which requires that a governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it does not boycott Israel and will not boycott Israel during the term of the contract. By executing this Agreement, Vendor verifies that it does not boycott Israel and will not boycott Israel during the term of this Agreement.

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TEXAS SALES TAX EXEMPTION INFORMATION

Under section 151.309 of the Texas Tax Code, the City of Waco is exempt the payment of sales tax. In addition, when the City contracts with a third party to make certain improvements to real property, purchases of materials/consumable items that are physically incorporated into that real property are also exempt from sales tax. In other words, materials and supplies that are entirely consumed or used up on a construction job for the City of Waco can be purchased without paying state and local sales tax. Items qualifying for this exemption must be used up entirely on a job for the City of Waco.

To claim this exemption, a contractor purchasing materials and supplies (as the buyer of the materials and supplies) will have to complete a Texas Sales and Use Tax Exemption Certification form to submit to the seller at the time of the purchase. The exemption form is available on the Texas Comptroller website at:

http://www.window.state.tx.us/taxinfo/taxforms/01-forms.html http://www.window.state.tx.us/taxinfo/taxforms/01-339.pdf

(The City of Waco will provide an executed exemption certification to the contractor awarded a construction contract to assist in making claim for the sales tax exemption for materials to be used under that contract.)

In completing the exemption form, a contractor will:

(1) list itself as the purchaser, not the City of Waco;

(2) fill in the name and required information about the seller;

(3) describe the item being purchased or attached order or invoice – the only items included must be items that will be entirely consumed or used in the project for the City of Waco;

(4) state reason for claiming the exemption (suggested wording – “Taxable item purchased for use under contract to improve realty for exempt organization, namely the City of Waco, Texas, for Project or Job No. ___” or “Materials/supplies will be used entirely in an exempt contract for the City of Waco, Texas, for Project or Job No. ___”).

The state statutes and rules related to sales tax can be accessed from the Texas Comptroller website:

http://www.window.state.tx.us/taxinfo/sales/

State statutes regarding sales tax can be found in Texas Tax Code Chapter 151 at:

http://statutes.capitol.texas.gov/Docs/TX/htm/tx.151.htm

Rules related to sales tax in the Texas Administrative Code can be found at:

https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_plo c=&pg=1&p_tac=&ti=34&pt=1&ch=3&rl=291 34 TAC Section 3.291 in Subchapter O deals specifically with Contractors.

The above information is being provided to assist contractors and is therefore general in nature. It is not a substitute for advice from the contractor’s attorney or accountant.

PLEASE SIGN AND RETURN WITH BID

RFP 2025-022 MSW 2400 POLLUTION AND ENVIRONMENTAL LIABILITY COVERAGE 25 of 55 http://www.window.state.tx.us/taxinfo/taxforms/01-forms.html http://www.window.state.tx.us/taxinfo/taxforms/01-339.pdf http://www.window.state.tx.us/taxinfo/sales/ http://statutes.capitol.texas.gov/Docs/TX/htm/tx.151.htm https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=34&pt=1&ch=3&rl=291 https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=34&pt=1&ch=3&rl=291

VERIFICATION REQUIRED BY TEXAS GOVERNMENT CODE SECTION 2274.002

State law requires verification from a Company for contracts (which includes contracts formed through purchase orders) involving goods or services: (1) between a government entity and a

Company with 10 or more full-time employees, and (2) has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity.

By signing below, Company hereby verifies the following:

1. Company does not boycott energy companies; and

2. Company will not boycott energy companies during the term of the contract.

PRINT COMPANY NAME:

SIGNED BY:

Print Name & Title:

Date Signed:

The following definitions apply to this state statute:

(1) "Boycott energy company" means without an ordinary business purpose, refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations with a company because the company:

(A) engages in the exploration, production, utilization, transportation, sale, or manufacturing of fossil fuel-based energy and does not commit or pledge to meet environmental standards beyond applicable federal and state law; or (B) does business with a company described by Paragraph (A); and

(2) "Company" means a for-profit organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of those entities or business associations that exists to make a profit.

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ATTACHMENT A

By signing below, Contractor hereby verifies that Section 2274.002 does not apply to this contract due to the following (check all that apply):

☐ Contractor is a sole proprietor; or

☐ Contractor has less than 10 full-time employees; or

☐ Contract value is for less than $100,000.00.

PRINT COMPANY NAME:

SIGNED BY:

Print Name & Title:

Date Signed:

RFP 2025-022 MSW 2400 POLLUTION AND ENVIRONMENTAL LIABILITY COVERAGE 27 of 55 through purchase orders) involving goods or services: (1) between a government entity and a

Company with 10 or more full-time employees, and (2) has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity.

By signing below, Company hereby verifies the following:

1. Company does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and

2. Company will not discriminate during the term of the contract against a firearm entity or firearm trade association.

PRINT COMPANY NAME:

SIGNED BY:

Print Name & Title:

Date Signed:

The following definitions apply to this state statute:

(1) " Ammunition" means a loaded cartridge case, primer, bullet, or propellant powder with or without a projectile;

(2) "Company" means a for-profit organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of those entities or business associations that exists to make a profit ;

(3) "Discriminate against a firearm entity or firearm trade association":

(A) means, with respect to the entity or association, to:

(i) refuse to engage in the trade of any goods or services with the entity or association based solely on its status as a firearm entity or firearm trade association;

(ii) refrain from continuing an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association; or

(iii) terminate an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association; and

(B) does not include:

(i) the established policies of a merchant, retail seller, or platform that restrict or prohibit the listing or selling of ammunition, firearms, or firearm accessories; and

(ii) a company's refusal to engage in the trade of any goods or services, decision to refrain from continuing an existing business relationship, or decision to terminate an existing business relationship:

(aa) to comply with federal, state, or local law, policy, or regulations or a directive

RFP 2025-022 MSW 2400 POLLUTION AND ENVIRONMENTAL LIABILITY COVERAGE 28 of 55 by a regulatory agency; or

(bb) for any traditional business reason that is specific to the customer or potential customer and not based solely on an entity's or association's status as a firearm entity or firearm trade association;

(4) "Firearm" means a weapon that expels a projectile by the action of explosive or expanding gases;

(5) "Firearm accessory" means a device specifically designed or adapted to enable an individual to wear, carry, store, or mount a firearm on the individual or on a conveyance and an item used in conjunction with or mounted on a firearm that is not essential to the basic function of the firearm. The term includes a detachable firearm magazine;

(6) "Firearm entity" means:

(A) a firearm, firearm accessory, or ammunition manufacturer, distributor, wholesaler, supplier, or retailer; and

(B) a sport shooting range as defined by Section 250.001, Local Government Code;

(7) "Firearm trade association" means any person, corporation, unincorporated association, federation, business league, or business organization that:

(A) is not organized or operated for profit and for which none of its net earnings inures to the benefit of any private shareholder or individual;

(B) has two or more firearm entities as members; and

(C) is exempt from federal income taxation under Section 501(a), Internal Revenue

Code of 1986, as an organization described by Section 501(c) of that code.

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By signing below, Contractor hereby verifies that Section 2274.002 does not apply to this contract

RFP 2025-022 MSW 2400 POLLUTION AND ENVIRONMENTAL LIABILITY COVERAGE 30 of 55

VERIFICATION REQUIRED BY TEXAS GOVERNMENT CODE SECTION 2271.002

through purchase orders) involving goods or services: (1) between a government entity and a

Company with 10 or more full-time employees, and (2) has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity.

By signing below, Company hereby verifies the following:

1. Company does not boycott Israel; and

2. Company will not boycott Israel during the term of the contract.

PRINT COMPANY NAME:

SIGNED BY:

Print Name & Title:

Date Signed:

The following definitions apply to this state statute:

(1) "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes;

and

(2) "Company" means a for-profit organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of those entities or business associations that exists to make a profit.

RFP 2025-022 MSW 2400 POLLUTION AND ENVIRONMENTAL LIABILITY COVERAGE 31 of 55

VERIFICATION REQUIRED BY TEXAS GOVERNMENT CODE SECTION 2271.002

By signing below, Contractor hereby verifies that Section 2271.002 does not apply to this contract

RFP 2025-022 MSW 2400 POLLUTION AND ENVIRONMENTAL LIABILITY COVERAGE 32 of 55

NOTICE TO COMPLETE FORM 1295

Beginning January 1, 2016, business entities entering into certain contracts with the Waco City Council for services, goods or other property to be used by the City of Waco are required to complete a Certificate of Interested Parties Form 1295 on the Texas Ethics Commission website. A Form 1295 may also be required if a contract with the City is changed, amended, extended, or renewed.

You are receiving this notice because the City of Waco is entering into a contract with your business entity or an existing contract is being changed, amended, extended, or renewed. The City of Waco’s contract tracking number (referred to as the identification number on the Ethics Commission form in box 3) is:

202__-_____

To complete a Form 1295, you must go to the website of the Texas Ethics Commission at:

https://prd.tecprd.ethicsefile.com/File/. The first time a business uses the form, it must use the “Logging In the First Time.”

Form 1295 is an electronic form that must be filled in online by a business entity. "Business entity" means any entity recognized by law through which business is conducted, including a sole proprietorship, partnership, or corporation. It includes for-profit and non-profit entities.

Once Form 1295 is completed online, the Form must be printed and executed before a notary by an authorized agent of the business entity. The Form will have a unique certification number assigned by the Commission in the upper right corner. The notarized Form 1295 must be sent to the City of Waco to the following person by fax, email, U.S. mail, or delivery service:

[Insert name, address, email,…