RFB No. 26-1394 Sludge Hauling and Liquid Waste Disposal Services

Request for Bids July 23, 2026 RFB No. 26-1394

Dear Prospective Respondent:

Sealed Bids will be received by the Purchasing Agent or other designee of the Brazos River Authority no later than 10:00 AM, Thursday, August 20, 2026 for Sludge Hauling and Liquid Waste Disposal Services. All qualified firms including service-disabled veterans are encouraged to submit proposals in response to this request.

Bids must be submitted and received no later than the due date and time specified. Any Bid received later than the specified time, shall not be considered. The BRA is NOT responsible for ensuring the delivery of Bids.

Refer to Section 14. Delivery of Bid Submittals for instructions on submitting a response to this solicitation.

Bid must be clearly identified as follows on the outside of the sealed physical submission.

The BRA shall not be responsible for submissions that are not properly identified. Proper identification of Respondent’s bid is the sole responsibility of the Respondent and failure to do so may result in the submission not being included in the bid opening:

RFB TITLE: Sludge Hauling and Liquid Waste Disposal Services

RFB NO: 26-1394

RFB DUE DATE: 10:00 AM, Thursday, August 20, 2026

The BRA shall have the right to accept or reject any or all Bids, or any part thereof, and to waive any technicalities in the interest of the BRA.

BRA will evaluate all relevant health, safety and business factors on all solicitations to determine when to initiate a notice to proceed on all projects, delivery of goods and/or services or procurement of construction related services to best attempt to balance BRA needs and to protect the health and safety of BRA employees, the employees of respondents and the public at large.

Sincerely, Victor Venegas Purchasing Agent

4600 Cobbs Drive • Waco, Texas 76710 254-761-3166

SUPPLIER DIVERSITY PURCHASING POLICY

The Brazos River Authority (BRA) will ensure that purchases of equipment, materials, supplies, and/or services conform with Texas Procurement law as applicable to the BRA, are cost effective, and contribute to the competitiveness of the BRA and its customers.

Procurement activities will be conducted in an open and fair manner with equal opportunity provided to all qualified parties. The BRA will provide equal contracting opportunities as provided by all applicable State and Federal laws to service-disabled veterans.

GENERAL INSTRUCTIONS TO RESPONDENTS

The Work consists of the furnishing of all labor, materials, services, equipment, and appliances required for the delivery and the supplying of products and/or services as described herein and in the contract documents.

1. BID SUBMISSION: Bids must be received no later than the Bid opening date and time specified above. All Bids received after closing time will not be considered.

A. To be considered as eligible, a Respondent shall have complied with all legal requirements to permit him to operate in the State of Texas.

B. Bids must be submitted electronically, mailed or hand delivered to be considered.

2. WITHDRAWAL OF BIDS: No Bid may be withdrawn for a period of ninety (90) days after Bid opening, except by 1) either mutual consent of the BRA and Respondent; or 2) previously submitted Bids may be withdrawn upon written request received from Respondent prior to time established for receipt of Bids.

3. SIGNATURE ON BIDS: To be valid, Bids must be signed by an authorized person. By such signature, Respondent agrees to strictly abide by the terms, conditions, and Scope of work embodied in this Request for Bids.

4. EXAMINATION OF BID DOCUMENTS: Before submitting a Bid, all Respondents shall examine the complete Request for Bids, including Bid Notice, Instruction to Respondent, and Scope of Services, all of which are part of the Bid Documents.

5. ADDENDA: Unless otherwise stated in the Bid, answers to all questions, inquiries, and request for additional information will be issued in the form of Addenda. During the Bid period, prospective Respondent may be advised by Addenda of additions, deletions from, or changes in the requirements of the Bid Documents. The BRA will not be responsible for the authenticity or correctness of oral interpretations of the Bid documents or for information obtained in any other manner than through the media of Addenda. Receipt of each Addendum shall be acknowledged by Respondent.

Any questions concerning this Request for Bid should be submitted on https://www.bidnetdirect.com/texas/brazosriverauthority no later than five (5) days prior to the opening of the Bid. This is to allow the BRA sufficient time to respond to inquiries and provide information to all interested Respondents by Addendum. Unless otherwise stated in the Bid, Addenda will be posted on https://www.bidnetdirect.com/texas/brazosriverauthority .

Respondent is responsible for checking https://www.bidnetdirect.com/texas/brazosriverauthority for updates and Addenda until the time at which the submission is due. Failure to respond to all requirements, including those Addenda, shall be grounds for rejection of your bid.

6. TAXATION: The BRA is exempt under the Texas Sales Tax and Use Tax Laws, and the Respondent shall not include such taxes in the Bid.

7. QUALIFICATION OF RESPONDENTS: The BRA reserves the right to reject any Bid if the evidence submitted by, or investigation of, such Respondent fails to satisfy the BRA that such Respondent is properly qualified to carry out the obligations of the contract and to complete the Work contemplated herein. Conditional Bids will not be accepted.

8. CONSIDERATION OF BIDS: Unless stated otherwise in the Advertisement or Request for Bids, the properly identified Bids received on time will be opened publicly and read aloud. Respondents are invited to be present.

9. COMPLIANCE WITH SCOPE OF SERVICES AND RIGHT OF

SELECTION: The Respondent shall abide by and comply with the true intent of the scope of services and not take advantage of any unintentional error or omission.

10. QUANTITIES: Unless stated otherwise in this Bid, the BRA is obligated during the period stipulated to purchase all of its normal requirements from the successful Respondent and the Respondent is obligated to supply the quantities which the BRA requires for its operation. The quantities stated are given as a general guide for bidding but are not guaranteed amounts, they represent the best estimated usage. The BRA reserves the option to purchase more or less of these services at the Bid price.

11. REPRESENTATIONS: By execution and submission of this Bid, the Respondent hereby represents and warrants to the BRA that Respondent has read and understands the Bid Documents and this Bid is made in accordance with the Bid Documents.

12. INDEMNIFICATION:

THE RESPONDENT SHALL COMPLY WITH THE REQUIREMENTS

OF ALL APPLICABLE LAWS, RULES, AND REGULATIONS AND

SHALL EXONERATE, INDEMNIFY AND HOLD HARMLESS THE

BRA FROM ANY AND ALL LIABILITY OR DAMAGES RESULTING

FROM FAILURE TO DO SO.

IN ADDITION, THE RESPONDENT AGREES TO INDEMNIFY,

KEEP, SAVE AND HOLD THE BRA HARMLESS FROM ANY AND

https://www.bidnetdirect.com/texas/brazosriverauthority https://www.bidnetdirect.com/texas/brazosriverauthority

ALL ACTIONS, LIABILITIES, DAMAGES, JUDGMENTS, COSTS

AND EXPENSES INCLUDING REASONABLE ATTORNEY’S FEES,

IN CASE AN ACTION IS FILED OR DOES IN ANY WAY ACCRUE

AGAINST THE BRA, ITS OFFICIALS, OFFICERS, AND

EMPLOYEES IN CONSEQUENCE OF THE AWARDED CONTRACT

FOR ANY NEGLIGENT ACT OR OMISSION OF THE RESPONDENT

IN THE PROVISION OF SERVICES UNDER THE AWARDED

CONTRACT, OR THAT MAY RESULT FROM THE CARELESSNESS

OR LACK OF SKILL OF THE RESPONDENT OR THE

RESPONDENT’S OFFICERS, AGENT, CONTRACTORS, ASSIGNS

OR EMPLOYEES. IN THE EVENT A JUDGMENT IS RECOVERED

AGAINST THE BRA FOR ANY SUCH LIABILITY, COSTS OR

EXPENSES, SUCH JUDGMENT SHALL BE CONCLUSIVE

AGAINST THE RESPONDENT.

IT IS SPECIFICALLY UNDERSTOOD AND AGREED BY THE

RESPONDENT THAT SUCH INDEMNITY IS INDEMNITY BY THE

RESPONDENT TO INDEMNIFY AND PROTECT THE BRA FROM

LIABILITY, CLAIMS, SUITS, LOSSES, DAMAGES OR CAUSES OF

ACTION DUE TO THE RESPONDENT’S NEGLIGENCE, ERROR OR

OMISSION.

13. EVALUATION FACTORS: Respondents may furnish pricing for all or any portion of the solicitation (unless otherwise specified). The BRA may evaluate and award a contract for any item or group of items shown on the Solicitation, or any combination deemed most advantageous to the BRA. Bids that specify an "All or None" award may be considered if a single award is advantageous. In the event of a mathematical discrepancy on the Bid Form, the BRA will only consider the price determined to be most advantageous to the BRA.

14. CRITERIA FOR AWARD: The BRA shall determine and select the Lowest Responsible Bidder from the Vendor/Provider, based solely upon the criteria contained within the bid documents.

15. TERMINATION:

The awarded contract may be terminated at any time by the BRA, in BRA’s sole discretion, for any cause or for convenience without penalty or liability. Upon receipt of such notice, the supplier shall immediately discontinue all services and actions. The BRA shall pay the Respondent promptly the accrued and unpaid amounts due for services to the date of termination, to the extent the services are approved by the BRA.

16. CHANGE OF CONTRACT PRICE:

The agreed upon contract price shall not be exceeded without the prior written consent of the BRA and may only be modified by a written amendment to the contract executed by both BRA and Respondent.

17. PAYMENT: Unless otherwise specified, payment for services and/or product will be processed within thirty (30) days from invoice date and acceptance of work and/or product. Invoices presented for payment must be submitted in accordance with instructions contained on the purchase order including reference to purchase order number and submittal to the correct address for processing. Unit price on invoice shall be in two (2) decimal places only, i.e., $ .XX.

The BRA has set a goal to have as much paperwork submitted electronically. Respondents are asked to submit invoices electronically to the following Accounts Payable email address:

accounts. payable@brazos.org. Respondents who use the electronic service should not mail the original invoice.

18. CONFIDENTIALITY OF DOCUMENTS: The BRA is subject to the Texas Public Information Act (PIA). Any information submitted to the BRA by a Respondent shall be considered non-confidential and available to the public, except as follows:

In the event a Respondent considers a specific portion of their Bid to be confidential and subject to an exception to disclosure under the PIA, such portion must be clearly identified and marked "CONFIDENTIAL". Do not mark an entire submittal confidential, as this is not in conformance with the PIA and is not acceptable. Only the specific portion or portions of the Bid that the Respondent considers to be confidential pursuant to the PIA should be marked. IF AN

ENTIRE BID IS MARKED CONFIDENTIAL, THE BRA WILL NOT

TREAT ANY PORTION OF THE BID AS CONFIDENTIAL AND THE

BID MAY BE REJECTED AS NON-CONFORMING. The BRA will honor notations of confidentiality made in accordance with this paragraph and decline to release such information initially. However, final determination of whether a particular portion of a Bid may in fact be withheld pursuant to the PIA will be made by the Texas Attorney General or a court of competent jurisdiction.

In the event a public information request is received for a portion of a Bid that has been marked confidential, the BRA shall ask the affected Respondent if the information may be released. If the release is agreed to, the BRA shall release the information.

If the release is denied, the matter shall be referred to the Texas Attorney General's Office in accordance with the process set forth in the PIA. The Respondent shall be fully and solely responsible for submitting arguments and evidence within the statutory timeframes to the Texas Attorney General’s Office regarding its claim of confidentiality. The BRA will NOT submit arguments on behalf of the Respondent.

The Texas Attorney General's office shall rule on the matter. In the event that it is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction that such information may not be withheld, then such information will be made available to the requester. If it is determined that the information may be withheld, BRA will withhold the information from the requestor.

Pricing information contained in Bids or contracts is not considered confidential under the PIA and will be disclosed without making a request to the Texas Attorney General.

REQUEST FOR BIDS

SLUDGE HAULING AND LIQUID WASTE DISPOSAL SERVICES

RFB NO. 26-1394

SUBMITTAL SCHEDULE

Request for Bids are posted on the BidNet Direct website at and prospective Respondents should visit the site for potential updates to bid requirements.

Thursday, July 23, 2026

RFB is available to download at

4:00 PM, Friday, August 7, 2026

Last date and time to ask questions or request additional information. Please submit your questions at

4:00 PM, Friday, August 14, 2026

Post response to questions received as of the deadline or as soon thereafter, as an Addendum on

10:00 AM, Thursday, August 20, Bids are due.

11:00 AM, Thursday, August 20, Bids will be opened and read out loud virtually at the link below……………………………..

https://youtube.com/live/C9c-itTHtms?feature=share

Local Time Prevailing.

https://www.bidnetdirect.com/texas/brazosriverauthority https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fyoutube.com%2Flive%2FC9c-itTHtms%3Ffeature%3Dshare&data=05%7C02%7Cvictor.venegas%40Brazos.org%7Cb90a9953931a4ab116a108dee67c2005%7C1d162e7ed166431ab98df88aadc1368d%7C0%7C0%7C639201617940421522%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=i5Lx%2FBYc7Tjl4gJOdbg9IzhheX8JWQa79BzBsz75JdM%3D&reserved=0

REQUEST FOR BIDS

RFB NO. 26-1394

1. General The Brazos River Authority (BRA) will be accepting sealed Bids from qualified contractors to furnish all labor and equipment necessary for the hauling and disposal of sludge cake and liquid waste products at:

Location Address City/State/Zip Sugar Land North Wastewater Treatment Plant 16450 SW Freeway Sugar Land, Texas 77479

Sugar Land South Wastewater Treatment Plant

4802 Scenic River Drive/Oilfield Road Sugar Land, Texas 77479

Sugar Land Greatwood Wastewater Treatment Plant 902 Tara Boulevard Sugar Land, Texas 77479

Sugar Land New Territory Wastewater Treatment Plant 4050 U.S. Highway 90A Sugar Land, Texas 77479

Contractor is required to be registered with the Texas Commission on Environmental Quality (TCEQ) for hauling of sludge within the State of Texas.

The drivers will be allowed to enter the facilities before and after normal working hours to deliver and remove containers. Access details will be given to the successful contractor.

The facilities are not manned 24-hours a day. There is a mailbox located near the sludge operations facilities at all Sugar Land Wastewater Treatment Facilities where signed manifests can be left.

The average weight of sludge per box from all Sugar Land facilities is 11 tons.

The minimum tonnage per box will not be less than 7 tons. In other words, the Contractor minimum charge would be equivalent to 7 tons, even if the documented weight of sludge delivered to the land fill is less than 7 tons.

The sludge is generated by the treatment processes that are in place at each location.

Contractor is responsible for the repair and service of their vehicles and its related equipment. Neither the BRA nor the City of Sugar Land is allowed to lend or allow the borrowing of tools, oil, lubricants, battery charger, battery to jump off vehicle, air for tires, etc.

Contractor is responsible for providing the equipment necessary to maneuver the sludge containers effectively and safely.

Contractor is responsible for providing services during rainy weather, coordinated with on-site Operations Supervisor(s).

The facility telephones and related communications equipment are strictly for Brazos River Authority business only. Drivers will not be allowed to use the BRA communications system except in case of an emergency. This is true even if drivers work after normal business hours and weekends.

Socializing and “horseplay” between contractor employees and BRA employees is not allowed. We are to keep our relationship on a professional and business basis.

Truck drivers are not allowed to wash their tractor and rigs at either facilities. Truck drivers are to minimize the amount of mud they track in the facilities during wet weather.

Use of restrooms and wash basins is restricted to the office/shop facilities and drivers should make sure they maintain cleanliness of our facility.

Truck drivers are not to occupy any of the BRA buildings or offices unattended. Their sole purpose for occupying our facilities should be to sign off on the manifest or an emergency. Drivers need to complete their manifest legibly with the correct information and dates.

The BRA staff will sign all manifests only after the load has been attached to the vehicle and is ready to leave the plant.

2. Scope of Services The North Plant waste products are to be landfilled. The North Plant produces approximately 6,500 tons of belt pressed wastewater treatment plant sludge per year.

The South Plant waste products are to be landfilled. The South Plant produces approximately 6,500 tons of belt pressed wastewater treatment plant sludge per year.

The Greatwood Plant waste products are to be landfilled. The Greatwood Plant produces an average of approximately 70 tons of belt pressed wastewater treatment plant sludge per month.

The New Territory Plant waste products are to be landfilled. The New Territory Plant produces an average of approximately 100 tons of belt pressed wastewater treatment plant sludge per month.

In addition, contractors will submit price per gallon to wet haul (vacuum truck) aerobically digested and/or non-digested (thickened) sludge with a solids content between 1.9% –

3.6 %. Note: Wet hauling will only become necessary in the event the facility’s belt press is down for extended repairs. All % solids values are approximate and may vary.

Contractor will be responsible for containing all spillage of product that includes liquid and belt pressed solids which may occur during loading and unloading of materials at the Sugar Land Plants. The Contractor shall be responsible to ensure that all spills (including sludge, fuels, lubricants, hydraulic fluids, etc.) or damages caused by spills are corrected immediately at his own expense. Correction of spills or damages shall be executed in a manner approved by the BRA's representative.

The amount of sludge the Contractor may be required to handle may vary depending on seasonal sludge production variations or mechanical failure of the belt presses where time is required to obtain necessary parts to repair the units. There are no minimum/maximum quantities of sludge guaranteed under this contract.

The Contractor shall be responsible for damages to the City of Sugar Land Wastewater Treatment Facilities and/or BRA's equipment, and/or the buildings and their contents, by its work, negligence in its work, and its personnel. The Contractor shall be responsible and liable for the safety, injury and health of its working personnel while its employees are performing service work.

The Contractor shall provide all data and documentation necessary for the preparation of the Annual Sludge Disposal Report as required by the Texas Commission on Environmental Quality (TCEQ). Data and documentation should be sent to the Sugar Land North Plant at 16450 Southwest Freeway, Sugar Land, Texas 77479, and the Sugar Land South Plant at 4802 Scenic Rivers Drive, Sugar Land, Texas, 77479. Information should be received by the BRA no later than August 10 of the report year. The BRA will prepare the report and submit electronically to TCEQ by the required deadline.

3. Requirements for Hauling and Disposal of Sludge The Contractor shall provide the following:

A. Type and quantity of vehicles necessary to haul and dispose of the daily production of sludge shall meet all needs of the required service and applicable federal, state, and local laws, statutes and ordinances.

B. All vehicles loaded with sludge shall be properly covered with tarpaulins prior to leaving the Sugar Land Wastewater Treatment Plants and the Clute-Richwood Wastewater Treatment Plant facilities and enroute to disposal site(s).

C. Tarpaulins will be provided to the BRA that will properly fit/cover each roll-off container design so staff can cover the containers (full or empty) during rain or snowfall events. No roll-off containers will be staged at either facility; temporary staging of roll-off containers

(full or empty) during rain or snow fall occurrences must be covered with a tarpaulin at either facility.

D. The Contractor shall spot trailers or roll-off containers for the Sugar Land Wastewater Treatment Plants and the Clute-Richwood Wastewater Treatment Plant facilities to load as required to permit efficient removal of the sludge.

E. The Contractor shall the provide sufficient resources to haul multiple boxes in a day as required to support plant production.

F. The BRA reserves the right for its representative to inspect the Contractor's vehicle prior to and after the actual loading of sludge.

G. The Contractor shall self-perform 100 percent of the sludge hauling, transportation, and liquid waste disposal services required under this Contract. The use of subcontractors, brokers, independent haulers, dispatch services, or other third-party entities to perform any portion of these services is prohibited.

This prohibition does not apply to a parent company utilizing a wholly owned subsidiary or affiliated company under common ownership, provided the affiliated entity is identified in the bid and the Contractor remains fully responsible for all contract performance.

The base time schedule for pick-up of sludge shall be as follows:

A. Five days per week B. 7:00 A.M. to 3:00 P.M. each day C. Monday through Friday except holidays D. The BRA reserves the right to change time schedule specified but not before notifying the Contractor at least seven days prior to the change.

It shall be the Contractor's responsibility to ensure that all quantities of sludge specified are hauled away and disposed as requested by the operator. Under normal operations, containers are filled by 1:30 P.M. of each day and the operator will contact the Contractor via telephone shortly thereafter. Once notified the Contractor is expected to remove the filled container for disposal and replace with an empty container the day of notification or by 7:00 A.M. the following day. In the event of an extended belt press failure, the operator will notify the Contractor via telephone requesting that solids be removed via vacuum truck (wet haul) within 12 hours of notification and until such time the belt press is back in service.

In the event of extended dewatering equipment malfunction, the hauling will require the use of vacuum truck to transfer liquid sludge from the facility process unit into the sludge transport vehicle. Bidder shall provide a price per gallon to transport and dispose of liquid sludge. For liquid hauling, please figure in the necessity to provide temporary suction hoses to place in tank for removal of sludge with a valve to prevent siphoning once loads are secured.

In the event the services to be provided are not furnished or are deficient, after the Contractor has received notice from the BRA, the BRA reserves the right to employ other firms for removal and/or disposal of sludge. Repeated deficiencies or failure to furnish required services may, in the BRA's discretion, be considered a breach of contract.

Payment for hauling and disposal of sludge shall be made on a per ton basis (or gallon if liquid hauling) based on total box material weight as measured at the landfill and be documented by appropriate weight tickets. The Contractor shall ensure that each vehicle utilized for pick-up is visually affixed with its exact volume and weight. The Contractor shall be paid monthly upon submission of an invoice with all properly completed back-up documents. Estimated sludge weights or volumes are not allowed under this Contract. Invoiced services must align with weight tickets provided for payment issues. Copies of all back-up documents shall be fully and legibly executed with the signature of the Contractor's and BRA's authorized agent(s). All backup documents shall specify the site used in the disposal of sludge.

4. Base Bid Bid price to include all labor, materials, tools, equipment and incidentals necessary to satisfactorily design, fabricate, manufacture, furnish, deliver components and complete assemblies.

5. Information Required in the RFB Submittal - Tab Format The BRA specifically requests succinct submittals tailored to the general and discipline-specific scope of services summarized above. All submittals become the property of the BRA. Each Bid submittal shall include the information requested below.

FAILURE TO SUBMIT ANY OF THE REQUESTED INFORMATION MAY BE

GROUNDS FOR REJECTION OF BID OR DELAY ISSUANCE OF A PURCHASE

ORDER/CONTRACT.

Tab A: Include the following:

(1) Date your company was established and a brief history; number of employees; provide number and location of offices.

(2) Provide name, title and office location of person who will be the principal contact for the BRA and the billing location if different.

(3) Describe the types of organizations that your company typically serves and general nature of the work.

(4) A list and description of similar services completed within the last five years under your current company name or any other company name similar in nature to this solicitation. This should include the name, the location, a brief description of Scope of Services, and a contact name and telephone number of a reference for each client. List litigation that your company has been a party to in the last five (5) years, under your current company name or any other company name. Include only litigation that involves business units in your company that are submitted for performing services under this RFB.

(5) List all such litigation involving owners and/or general contractors. To be fully responsive, provide the level of detail in the attached example, as well as a name and phone number to contact an authorized representative of your company in the event that the BRA needs to clarify your response. Failure to be fully responsive will be sufficient grounds for the BRA to disqualify your company.

(6) Have you ever defaulted, failed to complete a contract or had a contract terminated by the other party? If so, where and why? Provide name and telephone number of the other party.

(7) Please provide the contact information including the email address of the person responsible for providing proof of insurance.

Tab B: Include the following completed and signed forms. Failure to submit the required forms will result in rejection of the proposal as non-responsive.

(1) Complete and submit the attached Request for Bids – Bid Form

(2) Complete and submit the attached W-9 form, or if foreign entity submit the appropriate tax document information.

(3) Complete and submit the attached Conflicts of Interest Questionnaire

[CIQ] form.

(4) Complete and submit the Non-Collusion Affidavit form.

(5) Complete and submit the Vendor Compliance to State Law form.

(6) Include a copy of the TCEQ registration with bid response

6. RFB Inquiries

All communication related to this RFB shall only be directed to the Purchasing Agent via https://www.bidnetdirect.com/texas/brazosriverauthority The Purchasing Agent will direct any inquiries to the appropriate BRA staff, a response will be issued and if warranted, an Addendum will be posted on the BidNet Direct site. Failure to adhere to this restriction during the advertising, evaluation, and selection phases will result in the rejection of a Respondent’s Bid.

7. Respondent’s Past Performance BRA will consider Respondent’s past performance and may conduct reference checks with other entities regarding past performance. BRA may examine Respondent’s performance including, but not limited to: the Comptroller of Public Accounts Statewide Procurement Divisions Vendor Performance Tracking System, notices of termination, cure notices, assessments of liquidated damages, litigation, audit reports, repeated negative performance, records of repeated non-responsiveness to performance issues, and non-renewals of contracts. Such sources of Respondent performance may include any governmental entity, whether an agency or political subdivision of the State of Texas, another state, or the Federal government. Further, BRA may initiate such examinations of Respondent performance based upon media reports. Any such investigations shall be at the sole discretion of BRA, and any negative findings, as determined by BRA, may result in non-award to Respondent.

8. Conflict of Interest Pursuant to Chapter 176 of the Local Government Code, any person or agent of a person who contracts or seeks to contract for the sale or purchase of property, goods, or services with a local government entity (i.e., Brazos River Authority) must disclose in the Conflicts of Interest Questionnaire Form ("CIQ") the person's affiliation or business relationship that might cause a conflict of interest with the local government entity. By law, the CIQ must be filed with the BRA Records Management Officer no later than seven (7) days after the date the person begins contract discussions or negotiations with the BRA, or submits an application or response to a Request for Bids, correspondence, or another writing related to a potential agreement with the BRA. Updated Questionnaires must be filed in conformance with Chapter 176.

A copy of the CIQ is attached. If you have any questions about compliance, please consult your own legal counsel. Compliance is the individual responsibility of each person or agent of a person who is subject to the filing requirement. An offense under Chapter 176 carries a penalty up to a Class A misdemeanor.

9. Term of Agreement The term of this Contract shall be for a period of one (1) year, commencing on the Effective Date, and may be renewed by subsequent agreement of the parties for up to four (4) additional one (1) year periods, for a total potential term of five (5) years.

10. Contract The contract will be awarded to the lowest responsible Respondent. The executed contract between BRA and the selected Respondent shall be a BRA standard form contract. Contract terms are not subject to modification and Respondent will be expected to execute the contract in substantially the form provided. Respondent should not base a bid on an expectation that BRA will modify its contract terms.

The BRA reserves the right to award contract(s) without any negotiations and reserves the right to not make awards. The BRA reserves the right to conduct studies and other investigations as necessary to evaluate any submittal. Submission of a bid confers no legal right upon any Respondent.

The decision of BRA, or its designee with regard to the above, shall be administratively final. BRA, in its sole discretion, may waive administrative deficiencies and/or minor technicalities in submittals received.

11. Insurance Requirements The Respondent shall, at Respondent’s sole expense, maintain insurance coverage as determined acceptable to the BRA. The Respondent must obtain the following minimum insurance requirements and provide proof to the BRA prior to entering into a contract:

General Liability Insurance:

Bodily Injury $ 1,000,000 per occurrence Property Damage $ 1,000,000 per occurrence Aggregate $ 2,000,000

Workers’ Compensation:

Statutory

Automobile Liability: $ 1,000,000 per claim / aggregate

Employers’ Liability

$ 1,000,000 policy limit

Pollution Liability

$ 1,000,000 per claim / aggregate

Before beginning any work under this agreement, the Respondent is required to register with myCOItracking.com and upload documentation that meets the insurance requirements outlined in this agreement. Work WILL NOT commence until the certificate of insurance is approved as compliant. The Respondent must add registration@myCOItracking.com and certificaterequest@myCOIsolution.com to their safe sender list to ensure receipt of essential communications from myCOI.

If any issues arise during registration, please contact the myCOItracking support team at (317) 759-9426.

12. Testing The BRA reserves the right to inspect and test the submitted product. The BRA in its sole discretion may disqualify a submitted product as non-conforming to the specifications if the product does not meet the requirements of the specifications during testing.

13. Recycled and Recyclable Products The BRA encourages the use of recycled products and products that may be recycled or reused.

14. Delivery of Bid Submittals Bids may be submitted in one of the following manners:

Electronic Transmission. Electronic Bids will be received on the following platform.

BidNet Direct requires you to register at no charge.

Drop Box Submission Prior to Bid Submission Deadline: Hand delivery of one sealed, clearly identified original signed paper copy submission may be received up to the bid submission deadline contained in the solicitation at the Brazos River Authority, 4600 Cobbs Drive, Waco, TX. 76710, utilizing the secure drop box located at the office building. The BRA shall not be responsible for submissions that are not properly identified.

Proper identification of Respondent’s bid is the sole responsibility of the Respondent and failure to do so may result in the submission not being included in the bid opening.

Mail-In Delivery: Mailed by commercial carrier, overnight or express mail, one sealed clearly identified original signed paper copy submission may be accepted by the Purchasing Agent or other designee up to the bid submission deadline contained in the solicitation at the Brazos River Authority, 4600 Cobbs Drive, Waco, Tx. 76710. The BRA shall not be responsible for submissions that are not properly identified. Proper identification of Respondent’s bid is the sole responsibility of the Respondent and failure to do so may result in the submission not being included in the bid opening.

REQUEST FOR BIDS – BID FORM

RFB No. 26-1394

Base Bid Item

Description Unit Price Per Ton

Extended Amount

1 Sugar Land North WWTP-Landfilled-7500 tons of dewatered sludge annually $_________ $________

2 Sugar Land North WWTP-Landfilled-6900 tons of dewatered sludge annually $_________ $________

3 Sugar Land Great Wood WWTP-Landfilled-900 tons of dewatered sludge annually $_________ $________

4 Sugar Land New Territory WWTP-Landfilled- 1600 tons of dewatered sludge annually $_________ $________

Sugar Land Facilities-Alternative disposal method (Liquid Haul via Vacuum Truck) in the event the on-site belt press is unavailable

$_________ price/gallon

ACKNOWLEDGMENT OF REQUEST FOR BIDS AND

RECEIPT OF ADDENDA

RFB 26-1394 Sludge Hauling and Liquid Waste Disposal Services

RESPONDENT MUST ACKNOWLEDGE RECEIPT OF THIS REQUEST FOR BIDS

AND ADDENDA BY SIGNING BELOW AND SUBMITTING THIS

ACKNOWLEDGEMENT WITH YOUR BID. FAILURE TO SIGN THIS

ACKNOWLEDGEMENT WILL DISQUALIFY THE BID AS NON-RESPONSIVE.

SIGNATURE SHALL BE HAND WRITTEN.

This acknowledgement shall become part of your response and the subsequent contract documents if applicable.

ACKNOWLEDGMENT OF REQUEST FOR BIDS:

Respondent hereby acknowledges that it has received and read the Request for Bids and all Addenda, and that this Bid is made in accordance with the provisions thereof.

Respondent acknowledges that this Bid meets or exceeds all terms, requirements, conditions, and/or specifications set forth in the Request for Bids and Addenda, and exceptions or deviations from such terms, requirements, conditions, and/or specifications, if any, have been clearly and conspicuously identified as such in the Bid.

Does your company have 10 or more full time employees? Check one box only.

YES NO

Name of Firm (Respondent)

Signature – Authorized Representative

Printed Name

Date

E-mail Address

Telephone

CONFLICT OF INTEREST QUESTIONNAIRE

For vendor doing business with local governmental entity

FORM CIQ

OFFICE USE ONLY

Date Received

This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.

This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a).

By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code.

A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor.

1 Name of vendor who has a business relationship with local governmental entity.

Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.)

3 Name of local government officer about whom the information is being disclosed.

Name of Officer

4 Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer.

Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary.

A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor?

Yes No

B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity?

Yes No

5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an

Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1).

Signature Date ownership interest of one percent or more.

Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 8/14/2024

Name of signatory

Revised 8/14/2024Form provided by Texas Ethics Commission www.ethics.state.tx.us

CONFLICT OF INTEREST QUESTIONNAIRE

For vendor doing business with local governmental entity

A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form.

Local Government Code § 176.001(1-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on:

(A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity;

(B) a transaction conducted at a price and subject to terms available to the public; or

(C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency.

Local Government Code § 176.003(a)(2)(A) and (B):

(a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:

(2) the vendor:

(A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that

(i) a contract between the local governmental entity and vendor has been executed;

or

(ii) the local governmental entity is considering entering into a contract with the vendor;

(B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes aware that:

(i) a contract between the local governmental entity and vendor has been executed; or

(ii) the local governmental entity is considering entering into a contract with the vendor.

Local Government Code § 176.006(a) and (a-1)

(a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and:

(1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A);

(2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or

(3) has a family relationship with a local government officer of that local governmental entity.

(a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of:

(1) the date that the vendor:

(A) begins discussions or negotiations to enter into a contract with the local governmental entity; or

(B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or

(2) the date the vendor becomes aware:

(A) of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection (a);

(B) that the vendor has given one or more gifts described by Subsection (a); or

(C) of a family relationship with a local government officer.

Revised May 2007

NON-COLLUSION AFFIDAVIT

STATE OF TEXAS §

COUNTY OF ________ §

By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at

Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal.

Signature:

Printed Name:

Title:

Company:

Date:

SUBSCRIBED and sworn to before me the undersigned authority by the of, on behalf of said bidder.

Notary Public in and for the State of Texas

My commission expires: ____________

VENDOR COMPLIANCE TO STATE LAW

VENDOR COMPLIANCE TO STATE LAW

Section 2252.002, Texas Government Code, provides that, in order to be awarded a contract as low bidder, non-resident bidders (out-of-state contractors whose corporate offices or principal place of business are outside of the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the State in which the non-resident's principal place of business is located. The appropriate blanks in Section A must be filled out by all out-of-state or non-resident bidders in order for your bid to meet specifications. The failure of out-of-state or non-resident contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B.

A. Non-resident vendors in (give state), our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statute is attached.

Non-resident vendors in (give state), our principal place of business, are not required to underbid resident bidders.

B. Our principal place of business or corporate office is in the State of Texas.

Please Check or mark with an "X"

BIDDER:

By: Company (please print)

Signature:

(please print)

Title: _______________________________ (please print)

City / State Zip

THIS FORM MUST BE RETURNED

EXAMPLE RESPONSE TO LITIGATION HISTORY QUESTION

Date Parties Nature/Description of Litigation Outcome 2010 XYZ, Inc. v. Owner Owner brought suit against XYZ, Inc.

claiming flawed design of a concrete pad.

XYZ, Inc.

Nonsuited

2011 XYZ, Inc. v. Owner XYZ, Inc. retained to design bike path, the path collapsed in construction and owner sued XYZ, Inc. and contractor

Settled

2012 XYZ, Inc. v. Contractor Contractor claimed XYZ, Inc. negligent on a project where Contractor was constructing a tower and the tower allegedly incorporated incorrect materials. XYZ, Inc. disputes the allegations.

Ongoing

FORM – SPC03222022

https://brazos-my.sharepoint.com/personal/victor_venegas_brazos_org/Documents/Desktop/RFB 26- 1389 Service Provider Contract.docx

RFB: ; SSS: 1 of 15

SERVICE PROVIDER CONTRACT

In consideration of the mutual promises as set forth below, this Service Provider Contract (“Contract”) is entered into as of the date last executed below (“Effective Date”), by and between PROVIDER NAME (“PROVIDER”), with a mailing address of ADDRESS, and the Brazos River Authority (“BRA”), with a mailing address of 4600 Cobbs Drive, Waco, Texas 76710.

Section I. Performance of Work

1.1 The PROVIDER hereby agrees to provide, perform, and complete to the satisfaction of the BRA all of the “Work” specified in “Exhibit A”, attached hereto and incorporated by reference herein [ADD IF APPLICABLE: and the Bid Documents, incorporated by reference herein]. The term “Work” as used herein shall mean any and all services, including but not limited to the detailed description of tasks set forth in “Exhibit A”, to be performed by the PROVIDER. [ADD IF APPLICABLE: In the event this Contract and the Bid Documents conflict, this Contract shall supersede the Bid Documents.]

1.2 In performing the Work, the PROVIDER shall provide all necessary labor, services, transportation, information, data, and other means and items necessary to perform the Work.

1.3 The PROVIDER hereby covenants and agrees, as an independent contractor, to perform the Work required in strict accordance with the terms and provisions of this Contract and in a manner consistent with the level of care and skill ordinarily exercised for similar services in the State of Texas.

1.4 It is understood that the BRA has a vested interest in the quality of the Work to be performed under this Contract, and thus may make suggested revisions or recommendations regarding the Work to be performed under this Contract. The PROVIDER may accept or reject any such suggestions or recommendations.

Acceptance of any such suggestions or recommendations shall not relieve the PROVIDER from any of PROVIDER’s responsibilities or obligations under this Contract.

Section II. Contract Price and Payment

2.1 Payments for performance of the Work contemplated by this Contract shall be in the amount and in accordance with the provisions set forth in “Exhibit B”, attached hereto and incorporated by reference herein.

2.2 Nothing contained in this Contract shall require BRA to pay for any Work that is unsatisfactory as determined by BRA or which is not submitted in compliance with the terms of this Contract.

1389 Service Provider Contract.docx RFB: ; SSS: 2 of 15

2.3 BRA will not be required to make any payments to the PROVIDER, when the PROVIDER is in default under this Contract, nor shall this paragraph constitute a waiver of any right, at law or in equity, which BRA may have if the PROVIDER is in default, including the right to bring legal action for damages or for specific performance of this Contract. Waiver of any default under this Contract shall not be deemed a waiver of any subsequent default. Nothing contained herein shall be construed as authorizing additional fees for services to complete actions not specifically listed for successful completion of the Work.

Section III. Term

3.1 The term of this Contract shall be for a period of one (1) year, commencing on the Effective Date, and may, at the sole discretion of BRA, be renewed by subsequent written agreement of the parties for up to four (4) additional one (1) year periods, for a total potential term of five (5) years. [OR IF APPLICABLE: The services of the PROVIDER shall commence on the Effective Date of this Contract and shall continue until the Work is completed.]

3.2 The PROVIDER additionally agrees to abide by any and all schedules or timing representations set forth in “Exhibit A”.

Section IV. Revisions to Work

4.1 BRA reserves the right to direct substantial revision of the Work after acceptance by BRA as BRA may deem necessary; but in such event BRA shall pay the PROVIDER equitable compensation for services rendered in making such revisions.