RFB 2026-047 Bid Package.pdf

REQUEST FOR BID

RFB No. 2026-047 FY27 Sludge Hauling

Issue Date: July 31, 2026 All Questions Due: August 18, 2026, 1:00 P.M. CT

Bid Closing Date & Time: August 24, 2026, 10:00 A.M. CT Bid Opening Date & Time: August 24, 2026, 10:00 A.M. CT

For Information Contact:

Melanie Wade, Purchasing Agent, 254-750-8098, or melaniew@wacotx.gov

RFB Opening Location:

Purchasing Services Office, 1415 N. 4th Street, Waco, Texas via Zoom Video Conferencing Only

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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EUNA / BONFIRE ELECTRONIC BIDDING

The City of Waco utilizes Electronic Bidding, Proposals and Qualification (RFB/RFP & RFQ) submissions through the City’s e-Procurement database system, EUNA / Bonfire.

We ask vendors to register with EUNA / 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 EUNA / Bonfire with registration or customer support issues.

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

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BID NUMBER:

DATE:

TIME: CENTRAL

QUICK LINK:

MEETING ID:

DIAL IN NUMBER:

PASS CODE:

ADDITONAL

INFORMATION:

BID NUMBER:

DATE:

TIME: CENTRAL

QUICK LINK:

MEETING ID:

DIAL IN NUMBER:

PASS CODE:

ADDITONAL

INFORMATION:

PRE BID/ PROPOSAL

BID/ PROPOSAL OPENING

ZOOM ACCESS INSTRUCTIONS & ADDITIONAL INFORMATION

Rev. 1

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TABLE OF CONTENTS

Register Interest Form I. Schedule for Solicitation II. Contact with City of Waco III. Definitions IV. Requested Services / Products V. Request For Bids – Submission and Award Procedures

Appendices A. Services/Products Bid Forms

(1) Pricing Form(s) B. Contract Requirements

(1) City of Waco General Terms and Conditions

(2) Additional Terms for Services

(3) Insurance & Indemnification Requirements

(4) Worker’s Compensation

(5) Sales Tax Information

(6) House Bill 89 Energy Form

(7) House Bill 89 Firearms Form

(8) House Bill 89 Israel Form

(9) House Bill 1295 Information Sheet

(10) Foreign Terrorist Organization Form

(11) Protest Procedure

(12) Sample Contract Form

(13) Registration with the Texas Secretary of State

(14) W-9 Taxpayer Identification Form

(15) Electronic Funds Transfer Authorization (EFT Form)

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) HUB Business Certification

(6) Litigation Disclosure

(7) Certification Regarding Debarment

(8) Non-collusion Affidavit

(9) Texas Public Information Act

(10) Drug Free Workplace

D. Technical Specifications

• See Section for Specific Documentation

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RFB No. 2026-047 FY27 Sludge Hauling

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: melaniew@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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http://www.waco-texas.com/purchasing-rules.asp http://www.waco-texas.com/purchasing-rules.asp http://www.waco-texas.com/

I. SCHEDULE FOR SOLICITATION

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 RFB July 31, 2026

• Deadline for Questions 1:00 p.m. August 18, 2026

• Bid Due 10:00 a.m. (CT) Via Zoom Video & Dial In August 24, 2026

• Bid Opening at 10:01 a.m. August 24, 2026

Tentatively, the final selection decision will be made, and submitters will be notified of award by, September 24, 2026. This schedule is subject to change by the City.

II. CONTACT WITH CITY OF WACO

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

Email: melaniew@wacotx.gov Telephone: (254) 750-8098 Fax: (254) 750-8063

Questions concerning the solicitation can be submitted through the City of Waco’s e-Procurement portal (Euna/Bonfire) 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: Melanie Wade, 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 e-Procurement portal (Euna/Bonfire) 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) “Bid” or “Submission” refers to a response submitted to an RFB.

(4) “RFB” means and refers to a Request for Bid that will be awarded based on lowest responsible bid or best value to City of Waco.

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

Selected Firm.

(6) “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.

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

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

(9) “Contract documents” includes the RFB and all the Appendices attached to the RFB.

(10) “Day” means a calendar day or working day (this should be defined based on the bid) unless otherwise specifically defined.

(11) "TxDOT" means Texas Department of Transportation

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IV. REQUESTED SERVICES/PRODUCTS

A. Scope of Services / Specifications

(1) The City of Waco is requesting bids from qualified contractors to provide all labor, vacuum trucks, equipment, transportation, documentation, and incidental services necessary to remove sewage sludge from the Bull Hide Creek Wastewater Treatment Plant and transport and deliver the material to the Central Wastewater Treatment Plant for further processing.

Services will be provided on an as-needed basis in response to requests from an authorized City representative. No minimum quantity, number of loads, number of trips, or frequency of service is guaranteed.

(2) Detailed specifications can be found in Appendix D.

(3) 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.

B. Terms Conditions & Requirements

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

C. Duration of Services

The initial contract term shall be from October 1, 2026, through September 30, 2027. The City may, at its sole option, renew the contract for up to four additional one-year terms. Renewal is contingent upon satisfactory Contractor performance, continued operational need, availability of funds, and approval by the City.

Any price adjustment requested for a renewal term must comply with the pricing and rate-adjustment requirements of this specification and must be approved in writing by the City before the renewal becomes effective.

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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 vendors 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 bids submitted and to use any ideas in a bid regardless of whether or not that bid is selected

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V. REQUEST FOR BIDS – SUBMISSION AND AWARD PROCEDURES

A. Requirements

(1) Vendors should submit their bids through the City of Waco’s e-Procurement portal (Bonfire) 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 two (2) 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:

(2) Pricing Forms and Submission/Bid Security

(a) Pricing Forms.

1. Bids are to be submitted with a response on each item and the total extended. More than one (1) bid may be submitted on items that meet the specifications and the other RFB requirements.

2. Pricing is to be submitted on units of quantity Specified on the Pricing Form, with extended totals. In the event of a discrepancy in any extension total, the unit price shall govern and be binding for purposes of this RFB.

3. All prices included are 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) Vendors 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 vendor must attach all required forms with each submission copy. Forms must be signed by a representative of the vendor authorized to bind the vendor contractually. The vendor must include a statement identifying any exceptions to this RFB or declare that there are no exceptions taken to the RFB.

C. Bid Response Date and Location

Responses to this solicitation must be received by 10:00 a.m. (Central Time) on August 24, 2026.

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: Melanie Wade, 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.

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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:

“RFB 2026-047 FY27 Sludge Hauling” Bid Opening: 10:01 A.M. (Central Time) on August 24, 2026

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

Vendors accept all risks of delivery.

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.

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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 bid price. The modification should provide the addition, subtraction, or other modifications so that the final prices or terms will not be revealed to the City until the sealed bid 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 be received by the City prior to the closing time.

(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 bidder and submitted to a delivery company (UPS, FedEx, etc.) prior to the bid 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 vendor. 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 vendor may submit a new sealed bid provided the new bid is received prior to the closing date and time deadline stated on the cover page and in the Schedule for the Solicitation. 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 RFB 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 vendor.

F. Vendor’s Cost to Develop Submission

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

G. References

The City reserves the right to request that a vendor provide references.

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H. Method of Award and Evaluation of Factors [x in box shows applicable]

(1) For this solicitation, the City will award the contract to the:

Lowest responsible bidder Bidder who provides goods or services at the best value for the City.

(2) Lowest Responsible Bidder:

(a) The contract will be awarded to the lowest responsible bidder based on the base bid plus any selected alternatives provided the amount does not exceed the funds then estimated by the City as available to finance the contract.

(b) If the contract is bid with alternatives, the City reserves the right to select any combination of alternatives and will then compare all bids using the selected alternatives.

If the amount of the bids exceeds the funds available to finance the contract, the City may (i) reject all bids or (ii) may award the contract based on the base bid with such deductions as produces a net total which is available within the available funds.

(3) Best Value:

(a) In determining best value for the City, the City may consider:

1. The purchase price.

2. The reputation of the bidder and of the bidder’s goods or services.

3. The quality of the bidder’s goods or services.

4. The extent to which the goods or services meet the municipality’s needs.

5. The bidder’s past relationship with the municipality.

6. the impact on the ability of the municipality to comply with laws and rules relating to contracting with historically underutilized businesses and non-profit organizations employing persons with disabilities.

7. the total long-term cost to the municipality to acquire the bidder’s good or services;

and

8. any relevant criteria specifically listed in the request for bids or proposals

(b) Compliance with all bid requirements, delivery and needs of the City are considerations in evaluating bids. The City of Waco reserves the right to contact any offer or, at any time, to clarify, verify or request information with regard to any bid.

(4) 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 bidders.

I. Contract Award and Execution

The final contract must be awarded and approved by the Waco City Council if the amount of the contract will exceed $100,000.00. 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.

The Recipient, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated

X

RFB 2026-047 Page 13 against on the grounds of race, color, or national origin in consideration for an award.

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APPENDIX A

Services/Products Bid Forms

(1) Pricing Form(s)

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CITY OF WACO

OFFICIAL BID SHEET

BID INVITATION NO: RFB 2026-047

SEWAGE SLUDGE HAULING SERVICES

DATE:

BIDDER:

AUTHORIZED SIGNATURE:

I. Refer to "Standard Instructions for all Bids" before completing Bid Sheet.

a. Price: quote your best all-inclusive price for each item.

II. In submitting this bid, I certify:

a. Services bid are in exact accordance with the specifications, unless noted in the bid.

b. Prices in this bid have been arrived at independently, without consultation or agreement with any competitor for the purpose of restricting competition.

PRICING INFORMATION

Note: Estimated quantities may be increased or decreased during the contract period. The City does not guarantee a minimum quantity.

Item No. Description Unit Price

(A) Estimated Annual

Quantity (B) Total Price (A x B) = C

1.0

SEWAGE SLUDGE HAULING SERVICES, per specifications.

Removal from Bull Hide Creek Wastewater Treatment Plant and delivery to Central Wastewater Treatment Plant.

Estimated Annual Quantity: 1,248,000 gallons.

Per Gallon

1,248,000 Gallons $__________________

2.0 Proposed truck tank capacity/capacities: __________________________ gallons (Each vehicle used must have a tank capacity between 2,000 and 5,000 gallons.)

3.0 TCEQ Municipal Sludge Transporter Registration No.: ________________________________________

4.0 Bidder confirms ability to meet the service, response-time, equipment, documentation, and emergency requirements in the specifications:

YES _____ NO _____

IMPORTANT NOTE

Any and all exceptions to the specifications shall be clearly identified and attached to the bid. In the event of a discrepancy between the unit price and the extended total, the unit price shall govern.

Early Payment Terms:

Bidder may offer an early-payment discount. The City may accept the discount without waiving its rights under the Texas Prompt Payment Act.

__________ % discount if payment is made within __________ days.

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APPENDIX B

Contract Requirements

Please be advised:

The City of Waco mandates that the successful bidder submit the following documents before the official contract is awarded.

(1) City of Waco General Terms and Conditions

(2) Additional Terms for Services

(3) Insurance & Indemnification Requirements

(4) Worker’s Compensation

(5) Sales Tax Information

(6) House Bill 89 Energy Form

(7) House Bill 89 Firearms Form

(8) House Bill 89 Israel Form

(9) House Bill 1295 Information Sheet

(10) Foreign Terrorist Organization Form

(11) Protest Procedure

(12) Sample Contract Form

(13) Registration with the Texas Secretary of State

(14) W-9 Taxpayer Identification Form

(15) Electronic Funds Transfer Authorization (EFT Form)

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Additional Terms for Services

(a) Permits and Fees: All permitting fees from the city will be waived on construction projects. The contractor will still need to apply for all applicable permits. However, there will be no cost associated with the issuance of City permits.

(b) Time of Completion and Liquidated Damages: Completing this Project in a timely manner is very important to the City of Waco. The submitter must agree to commence work on or before a date specified in a written "Notice to Proceed” of the City and to fully complete the project within the time stated in the contract documents. As it is impracticable and extremely difficult to fix the actual damages, if any, that may proximately result from a failure by Submitter to perform the service, should submitter fail to complete the project within the calendar days specified in the contract, Submitter agrees to pay to City, or have withheld from monies due it, the amount stated in the contract documents as liquidated damages for each calendar day of delay or nonperformance . Any sums due and payable hereunder by the Submitter shall be payable, not as a penalty, but as liquidated damages representing an estimate of delay damages likely to be sustained by the City, estimated at the time of executing this Contract. Execution of a contract for this Project shall constitute agreement by the City and Submitter that said amount is the minimum value of the costs and actual damage caused by the failure of the Submitter to complete the Project within the allotted time. A sum due as liquidated damages may be deducted from payments due the Contractor if such delay occurs. Adjustments to the contract times can only be made as provided in the contract documents and any conditions or specifications referenced therein.

(c) Conditions of Work: While the City is issuing a solicitation including specifications, each Submitter is still responsible for examining all of the issued documents, attending any pre-bid conference, making a site visit, and taking whatever steps are necessary to inform itself of the conditions relating to the project and the employment of labor thereon. Each Submitter must inform itself of the conditions relating to the project and the employment of labor thereon. Failure to do so will not relieve the Submitter awarded this contract of its obligation to furnish all material and labor necessary to carry out the provisions of the contract. Insofar as possible, the Selected Firm, in carrying out the Project, must employ such methods or means as will not cause any interruption of or interference with the work of any other contractor.

(d) Employment Conditions/Requirements: Submitters shall pay particular attention to the required employment conditions that must be observed and the minimum wage rates to be paid. If federal or state funds are involved in paying for the work, there may be additional requirements that must be followed to comply with the terms of the federal or state funding.

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(e) Force Majeure: In the event performance by the Selected Firm of its obligations under this Agreement shall be interrupted or delayed by or as a consequence of a fire, flood, severe weather, or other act of God, war, insurrection, civil disturbance, or act of state, the Selected Firm shall be excused from such performance for the period of time such occurrence shall have lasted or such period as is reasonably necessary to rebuild or take other action necessary to resume performance. The period reasonably necessary to rebuild or take other action necessary to resume performance shall be as determined by the agreement of the parties, which agreement shall be negotiated and arrived at in good faith. The Selected Firm shall notify the Contact Person or Contract Administrator of any matter covered above, the occurrence of which interferes or threatens to interfere with the performance of any of its obligations under the bid.

Upon such notice, the Selected Firm and the City shall consult and cooperate as to measures which may be taken to overcome the interference or as to alternative measures which may be undertaken by the parties with a view to the continued performance of the bid agreement.

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

(g) Invoice Submittal Procedures: If invoices are submitted or otherwise used pursuant to the bid awarded under this solicitation, the Selected Firm shall present invoices to the City in the following form and content:

1. Each invoice must reference the City of Waco contract, agreement, or Purchase Order number.

2. Only one contract, agreement, or project shall be billed on a particular invoice.

3. Only one invoice per every thirty (30) days per contract, agreement, or project may be submitted; and

4. Each invoice must have a billing number, which reflects in sequence the number of invoices that have been submitted on the contract, agreement, or project.

The invoice requirements stated herein shall not be read to disallow or exclude other information that may be otherwise required or requested by the City. Such information required herein must be submitted only on an invoice and not in any other non-invoice form or document.

(h) Termination of Contract:

document:

Except as provided elsewhere m the contract

1. The City may terminate the contract for cause for Selected Firm’s failure to perform work, non-adherence to established federal, state and/or local laws, or a violation of any of the contract provisions. Upon written termination, the City may exclude the Selected Firms from the Project site and pursue any remedies available to the City.

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2. Upon ten (10) days written notice, City may terminate the contract for convenience, for any reason. In such a case, the Selected Finn shall be paid, without duplication, for completed and acceptable work and expenses, including reasonable overhead and profit, and for other reasonable expenses directly attributable to the termination.

In no case shall the Selected Firm be paid for anticipated profits or other consequential damages. Upon receipt of written notice, the Selected Firm shall have a duty to mitigate its termination costs and shall not incur additional costs unrelated to the costs directly related to either securing completed work or winding down the Project.

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City of Waco Insurance & Indemnification Requirements Basic (03/22/2019)

Insurance Requirements:

A contractor’s financial integrity is of interest to the City. Therefore, subject to a contractor’s right to maintain reasonable deductibles, a contractor shall obtain and maintain in full force and effect for the duration of the contract, and any extension hereof, at contractor’s sole expense, insurance coverage written on an occurrence basis by companies authorized to do business in the State of Texas that are rated A- or better by A.M. Best Company and/or otherwise acceptable to the City in the following types and amounts:

Type Amount

Workers' Compensation Statutory

Employer’s Liability $1,000,000/$1,000,000/$1,000,000

Commercial General Liability Including:

• Premises/Operations

• Independent Contractors

• Products Liability/Completed Operations

• Personal & Advertising Injury

• Broad form property damage

$1,000,000 per occurrence; $2,000,000 General Aggregate, or its equivalent in Umbrella or Excess Liability Coverage

Business Automobile Liability

a. Owned/leased vehicles

b. Non-owned vehicles

c. Hired vehicles

d. Pollution Liability / Accident Environmental Damage, including Cost of Cleanup

$1,000,000 per occurrence or its equivalent on a combined single limit (CSL basis).

Modification of Insurance Requirement: The City reserves the right to review these insurance requirements during the effective period of the contract and any extension or renewal hereof and to modify insurance coverages and their limits when deemed necessary and prudent by City’s Risk Manager or designee, based upon changes in statutory law, court decisions, or circumstances surrounding this contract.

Proof of Insurance Required and When to Submit:

Examination & Approval. All insurance policies shall be subject to the examination and approval of the City for their adequacy as to form and content, form of protection, and financial status of insurance company.

When to Submit. Prior to the execution of the contract by the City of Waco and before commencement of any work under this contract, a contractor shall furnish proof of insurance to the City’s Risk Manager which is clearly labeled with the contract name and City department. The proof will include completed/current Certificate(s) of Insurance, endorsements, exclusions, and/or relevant extracts from the insurance policy, or copies of policies. Thereafter, new certificates, RFB 2026-047 Page 24 policy endorsements, exclusions, and/or relevant extracts from insurance policies, or policies shall be provided prior to the expiration date of any prior certificate, endorsement, or policy. No officer or employee other than the City’s Risk Manager or designee shall have authority to waive this requirement.

Additional Insured. Except for Workers’ Compensation and Employers’ Liability, the City, its elected officials, officers, servants, agents, volunteers and employees shall be named as additional insureds. No officer or employee, other than the City Risk Manager or designee, shall have authority to waive this requirement.

Other-Insurance Endorsement -- All insurance policies are to contain or be endorsed to state that an “Other Insurance” clause shall not apply to the City where the City is an additional insured shown on the policy.

Agent Information. The certificate(s) or other proof of insurance must be completed by the broker of record and must be signed and include the agent information including the agent name, title and phone number. The proof of insurance shall be sent directly from the insurance agent to the City’s Risk Management Office by U.S. Postal Service to City of Waco, ATTN: Risk Manager, P.O.

Box 2570, Waco, Texas 76702-2570 or by delivery service to 1415 North 4th Street, Waco, Texas 76707. To send by email, please contact the Risk Management Office at 254-750-5730 to obtain the email address.

Precondition to Performance & Basis for Termination. The City shall have no duty to pay or perform under the contract until such certificate(s), policy endorsements, exclusions, and/or relevant extracts from the insurance policy have been delivered to and approved by the City’s Risk Manager. The contractor understands that it is the contractor’s sole responsibility to provide this necessary information to the City and that failure to timely comply with these insurance requirements shall be a cause for termination of a contract. If the City determines that it will deny payment, not perform, or terminate the contract because of the failure to provide certain information or documents, the City shall give the contractor notice of that determination and allow contractor fifteen (15) days to correct the deficiency.

Waiver of Subrogation. All liability policies will provide a waiver of subrogation in favor of the City.

Notice of Cancellation, Non-renewal, Material Change. The Contractor shall provide written notification to the City of the cancellation, non-renewal, or material change of any insurance required herein. The Contractor shall provide such written notice within five (5) business days of the date the Contractor is first aware of the cancellation, non-renewal, or material change, or is first aware that the cancellation, non-renewal, or material change is threatened or otherwise may occur, whichever comes first. Contractor shall provide the City with a replacement certificate(s) of insurance, policy endorsements, exclusions, and/or relevant extracts from the insurance policy either before the cancellation, non-renewal, or material change is effective, if it knew in advance of such, or within ten (10) business days of first learning of the cancellation, non-renewal, or change if it did not learn of that such action in advance.

INDEMNIFICATION.

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A CONTRACTOR EXECUTING A CONTRACT WITH THE CITY AGREES TO ASSUME

FULL RESPONSIBILITY AND LIABILITY FOR THE SERVICES RENDERED PURSUANT TO

THE CONTRACT AND AGREES TO INDEMNIFY, PROTECT, DEFEND, AND HOLD

HARMLESS THE CITY, ITS EMPLOYEES, AGENTS, AND SERVANTS, OF AND FROM

ALL CLAIMS, DEMANDS, AND CAUSES OF ACTIONS OF EVERY KIND AND

CHARACTER, INCLUDING THE COST OF DEFENSE THEREOF, FOR ANY INJURY TO,

INCLUDING DEATH OF, PERSONS AND ANY LOSSES FOR DAMAGES TO PROPERTY

CAUSED BY OR ALLEGED TO BE CAUSED, ARISING OUT OF, OR ALLEGED TO ARISE

OUT OF, EITHER DIRECTLY OR INDIRECTLY, OR IN CONNECTION WITH, THE

SERVICES TO BE RENDERED HEREUNDER, WHETHER OR NOT SAID CLAIMS,

DEMANDS, CAUSES OF ACTIONS ARE CAUSED BY CONCURRENT NEGLIGENCE OF

THE CITY AND A PARTY TO THIS AGREEMENT, OR WHETHER IT WAS CAUSED BY

CONCURRENT NEGLIGENCE OF THE CITY AND SOME OTHER THIRD PARTY.

Employee Litigation: In any and all claims against any party indemnified hereunder by any employee (or the survivor or personal representative of such employee) of the contractor, any subcontractor, any supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the work, or anyone for whose acts any of them may be liable, the indemnification obligation herein shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for contractor or any such subcontractor, supplier, or other individual or entity under workers’ compensation or other employee benefit acts.

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LABOR CODE

TITLE 5. WORKERS' COMPENSATION

SUBTITLE A. TEXAS WORKERS' COMPENSATION ACT

CHAPTER 406. WORKERS' COMPENSATION INSURANCE COVERAGE

EXTRACT:

Sec. 406.096. REQUIRED COVERAGE FOR CERTAIN BUILDING OR CONSTRUCTION

CONTRACTORS. (a) A governmental entity that enters into a building or construction contract shall require the contractor to certify in writing that the contractor provides workers' compensation insurance coverage for each employee of the contractor employed on the public project.

(b) Each subcontractor on the public project shall provide such a certificate relating to coverage of the subcontractor's employees to the general contractor, who shall provide the subcontractor's certificate to the governmental entity.

(c) A contractor who has a contract that requires workers' compensation insurance coverage may provide the coverage through a group plan or other method satisfactory to the governing body of the governmental entity.

(d) The employment of a maintenance employee by an employer who is not engaging in building or construction as the employer's primary business does not constitute engaging in building or construction.

(e) In this section:

(1) "Building or construction" includes:

(A) erecting or preparing to erect a structure, including a building, bridge, roadway, public utility facility, or related appurtenance;

(B) remodeling, extending, repairing, or demolishing a structure; or

(C) otherwise improving real property or an appurtenance to real property through similar activities.

(2) "Governmental entity" means this state or a political subdivision of this state. The term includes a municipality.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

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Office Use Only Date Received:

City of Waco Workers’ Compensation Coverage Verification Form. For Building or Construction Contractors

This form is being filed in accordance with Texas Labor Code – Section 406.96. Required Coverage For Certain Building Or Construction Contractors.

1. Name of Company doing business with the City of Waco.

2. Company Primary Point of Contact for Insurance issues.

Name: _______________________________ Phone: ____________________.

Address: _________________________________________________________.

Email: __________________________________________ (Optional)

3. Name of Insurance Company providing Workers’ Compensation Coverage for Company

Employees.

Name Address Phone

4. Is this an update to previously provided information on workers’ compensation insurance?

______ YES ______ NO.

Note: Please inform the City of Waco of changes in Insurance Companies.

5. Has the Company hired one or more Subcontractors for this project?

______ YES ______ NO

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6. Has each Subcontractor provided the Company with a certificate showing workers’ compensation insurance coverage for each of the Subcontractor’s employees?

______ YES ______ NO

7. Name of each Subcontractor and Name of its Insurance Carrier providing Workers’ Compensation Coverage for Subcontractor’s Employees:

Subcontractor Insurance Carrier

Please provide a copy of each Subcontractor’s proof of Workers’ Compensation Coverage.

8. Printed Name and Title of person completing this form, and have Witness sign.

Print Name: ____________________________ Title: _______________________

Signature: ______________________________ Date Signed: _________________

WITNESS:

Signature: _______________________________ Date Signed: ________________

Print Name: ______________________________

Print Title: _______________________________

PLEASE SIGN AND RETURN WITH BID

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TEXAS SALES TAX EXEMPTION INFORMATION

This 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.

Under the Texas Tax Code Section 151.309, 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 may also exempt from 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 who has a Texas Taxpayer Number (the number on their Texas Sales and Use Tax Permit number) can complete the Texas Sales and Use Tax Resale Certificate (front side of Form 01-339) and provide it to the vendor from whom the contractor is purchasing materials and supplies for use under a contract with the City of Waco. The form is available on the Texas Comptroller website at:

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

A copy of a blank form has been attached for your convenience. In completing the exemption form (01- 339 front) when purchasing materials and supplies, a contractor will:

(1) List itself (the contractor) as the purchaser and complete required information;

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

(3)

(4)

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 - might include statement that purchase is related to contract with City of Waco, Texas, for Project {description, e.g., New Street sewer lien project};

Describe the type of business activity generally engaged in by purchaser or type of items normally sold by the purchaser

Since the City of Waco is a governmental entity, the contract or purchase order with the City provides the necessary documentation that the materials are acquired for an exempt contract [See 34 TAC §3.291(c)(l)]. However, if requested, the City of Waco will provide to the contractor awarded the contract an executed exemption certification showing that the city is exempt from sales tax (Form 01- 339 back).

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/ In addition, the Texas Comptroller's office can be contacted at 1-800-252-555 for questions about Sales and Use Taxes.

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

http://www.statutes.legis.state.tx.us/Docs/TX/htm/TX. l 51.htm

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

http://info.sos.state.tx.us/pls/pub/readtac$ext.ViewTAC?tac view=5&ti=34&pt=l&ch=3&sch=O&rl=Y

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01-339 Front

(Rev.4-13/8)

Texas Sales and Use Tax Resale Certificate

Name of purchaser, firm or agency as shown on permit

Address (Street & number, P. 0. Box or Route number)

City, State, ZIP code

Texas Sales and Use Tax Permit Number (must contain 11 digits)

Out-of-state retailer's registration number or Federal Taxpayers Registry (RFC) number for retailers based in Mexico

I Phone (Area code and number)

(Retailers based in Mexico must also provide a copy of their Mexico registration form to the seller.)

I, the purchaser named above, claim the right to make a non-taxable purchase (for resale of the taxable items described below or on the attached order or invoice) from:

Seller: _________________________________________ _

Street address:

City, __________ State, ___________ ZIP code: ___________________ _

Description of items to be purchased on the attached order or invoice:

Description of the type of business activity generally engaged in or type of items normally sold by the purchaser:

The taxable items described above, or on the attached order or invoice, will be resold, rented or leased by me within the geographical limits of the United States of America, its territories and possessions or within the geographical limits of the United Mexican States, in their present form or attached to other taxable items to be sold.

I understand that if I make any use of the items other than retention, demonstration or display while holding them for sale, lease or rental, I must pay sales tax on the items at the time of use based upon either the purchase price or the fair market rental value for the period of time used.

I understand that it is a criminal offense to give a resale certificate to the seller for taxable items that I know, at the time of purchase, are purchased for use rather than for the purpose of resale, lease or rental, and depending on the amount of tax evaded, the offense may range from a Class C misdemeanor to a felony of the second degree.

Purchaser Title Date

This certificate should be furnished to the supplier.

Do nm send the completed certificate to the Comptroller of Public Accounts.

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01-339 (Back) (Rev.4-13/8)

Texas Sales and Use Tax Exemption Certification This certificate does not require a number to be valid.

Name of purchaser, firm or agency

Address (Street & number, P. 0. Box or Route number)

I Phone (Area code and number)

City, State, ZIP code

I, the purchaser named above, claim an exemption from payment of sales and use taxes (for the purchase of taxable items described below or on the attached order or invoice) from:

Seller:. ___________________________________________ _

Street address:. ____________________ City,_ __ State,__ ZIP ___ code:'-------

Description of items to be purchased or on the attached order or invoice:

Purchaser claims this exemption for the following reason:

I understand that I will be liable for payment of all state and local sales or use taxes which may become due for failure to comply with the provisions of the Tax Code and/or all applicable law.

I understand that it is a criminal offense to give an exemption certificate to the seller for taxable items that I know, at the time of purchase, will be used in a manner other than that expressed in this certificate, and depending on the amount of tax evaded, the offense may range from a Class C misdemeanor to a felony of the second degree.

sign► here

Purchaser Title

NOTE: This certificate cannot be issued for the purchase, lease, or rental of a motor vehicle.

THIS CERTIFICATE DOES NOT REQUIRE A NUMBER TO BE VALID.

Sales and Use Tax "Exemption Numbers" or "Tax Exempt" Numbers do not exist.

This certificate should be furnished to the supplier.

Date

Do Jlill send the completed certificate to the Comptroller of Public Accounts.

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VERIFICATION REQUIRED BY TEXAS GOVERNMENT CODE SECTION 2276.001-002

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

VERIFICATION REQUIRED BY TEXAS GOVERNMENT CODE SECTION 2276.001-002

By signing below, Contractor hereby verifies that Section 2276.001-002 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:

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VERIFICATION REQUIRED BY TEXAS GOVERNMENT CODE SECTION 2274.002

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 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:

The following definitions apply to this state statute:

(1) " Ammunition" means a loaded cartridge case, primer, bullet, or propellant powder…