1-RFP 2026-005 Proposal Package.pdf

REQUEST FOR PROPOSAL

RFP No. 2026-005 On-Airport Rental Car Concession for Waco

Regional Airport

Issue Date: April 2, 2026 All Questions Due: April 28, 2026, 5:00 P.M. CT

Closing Date & Time: May 7, 2026, 2:00 P.M. CT Opening Date & Time: May 7, 2026, 2:01 P.M. CT

For Information Contact:

Daryle Bullard, Sr. Purchasing Agent, 254-750-6616, or daryleb@wacotx.gov

Pre-Proposal Meeting:

Waco Regional Airport 7909 Karl May Drive Waco, Texas 76708

April 16, 2026, at 10:00 A.M.

RFP Opening Location:

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

Zoom & Dial-In Information:

Please see Page 3

Purchasing Services Post Office Box 2570 Waco, Texas 76702-2570 Telephone 254 / 750-8060 Fax 254 / 750-8063 waco-texas.com

RFP 2026-005 Page 1 mailto:%20XXX@wacotx.gov mailto:daryleb@wacotx.gov

EUNA / BONFIRE ELECTRONIC BIDDING

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

RFP 2026-005 Page 2 https://waco-texas.bonfirehub.com/login

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

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TABLE OF CONTENTS

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

Appendices A. Scope of Services and Specifications / Pricing Forms

(1) Scope of Services B. Contract Requirements

(1) City of Waco General Terms and Conditions

(2) General Condition for Additional Terms for Services

(3) Insurance & Indemnification Requirements

(4) Sales Tax Information

(5) HB 89 Energy Form

(6) HB 89 Firearms Form

(7) HB 89 Israel Form

(8) HB1295 Information Sheet

(9) Foreign Terrorist Organization Form

(10) Protest Procedure

(11) Registered with the Texas Secretary of State

(12) W-9 Taxpayer Identification Form

(13) 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. Additional Background, Information, or Requirements

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RFP No. 2026-005 On-Airport Rental Car Concession for Waco Regional Airport

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: daryleb@wacotx.gov

Company/Firm:

Name of Contact Person(s):

Email(s):

Telephone: Fax:

Mailing Address:

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

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

City of Waco Purchasing Services Post Office Box 2570

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

Fax 254 / 750-8063 waco-texas.com

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I. SCHEDULE FOR SOLICITATION COMPETITIVE SEALED

PROPOSAL

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

April 2, 2026 April 16, 2026 April 28, 2026 May 7, 2026 May 7, 2026 May 29, 2026

• Issuance of the RFP

• Pre-Proposal Meeting On-Site Waco Regional Airport

• Deadline for questions in 5:00 P.M.

• Proposals due by 2:00 P.M.

• Proposal Opening at 2:01 P.M.

• Evaluation of submission

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

II. CONTACT WITH CITY OF WACO

The contact person for this solicitation process is: Daryle Bullard, Sr. Purchasing Agent who can be reached at:

Email: daryleb@wacotx.gov Telephone: (254) 750-6616 Fax: (254) 750-8063

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

Official Address (if needed) - City of Waco Purchasing Services Attn: Daryle Bullard, Sr. Purchasing Agent 1415 North 4th Street Waco, Texas 76707

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

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

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III. DEFINITIONS

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

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

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

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

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

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

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

Selected Firm.

(7) “Selected Firm” means the firm who is selected by the City and to whom the City Council/City

Manager awards a contract for the services or commodities requested in this solicitation.

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

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

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

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

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IV. REQUESTED SERVICES/PRODUCTS

A. Scope of Services / Specifications The City of Waco is soliciting proposals for On-Airport Car Concession for Waco Regional Airport.

(1) Detailed drawings, scope of services, and/or specifications are attached as Appendices.

(2) 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 It is anticipated by the City of Waco that this project will be completed within #of CALENDAR DAYS. It is additionally anticipated that work will not be performed on Saturdays, Sundays, or City holidays unless specifically approved by City. Since “day” is defined as a working day or calendar day, Saturdays, Sundays, and City holidays shall be counted as days and included in calculating the Contract time. If a Contractor wants to perform work on Saturdays, Sundays, or City holidays, the Contractor shall seek approval by making a written request to City. The contractor shall be responsible for all City staff and third-party time, costs, expenses, and overtime for work performed on Saturdays, Sundays, or City holidays, unless excused in writing by the City prior to the work. The contractor shall include sufficient weather days as appropriate for the time of year and overall duration of the work within its proposal.

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D. Reservations by City:

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

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

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

(b) Extend the solicitation closing time and date.

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

(d) Procure any item by other allowable means.

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

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

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

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V. REQUEST FOR PROPOSALS – SUBMISSION AND AWARD

PROCEDURES

A. Requirements

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

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

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

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

(b) A brief company history.

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

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

(e) Information on the proposer’s current workload and ability to complete the project.

(f) Certificate showing current insurance coverage.

(g) Pricing/Cost Information – Pricing Forms

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

2. Security – Bid Bond.

a. Each submission must be accompanied by a certified check of the submitter, or a bid bond (PDF copy through Bonfire) executed by the submitter as principal and having as surety thereon a surety company approved by the City in the amount of 5% of the submission. The Surety’s Power of Attorney must accompany the bid bond. The bid bond and surety’s Power of Attorney must both carry the same date which is no earlier than three (3) days prior to the scheduled bid opening date. An original copy of the bid bond and Surety’s Power of Attorney will be required of the recommended/awarded vendor within three (3) days by the request of the City.

b. Checks will be returned to all except the three lowest bidders within three days after the opening of bids. The remaining checks will be returned promptly after the City and the selected bidder have executed the contract.

c. If no award has been made within ninety (90) days after the date of the opening of bids, a bidder may demand that the security submitted be returned so long as said bidder has not been notified of the acceptance of his bid.

d. If the selected bidder refuses or fails to execute and deliver the contract and bonds (payment and/or performance) required within 10 days after receiving notice of the acceptance of his bid, the bid security shall forfeit to the City as liquidated damages for such failure or refusal.

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e. A Bid Bond form can be found in the Appendices.

(h) Names of the Subcontractors for the major components of the Project

(i) List of Proposer’s and Subcontractors’ experience on projects completed in McLennan

County (include value of project and the owner’s phone and email contact information)

(j) List of Proposer’s and Subcontractors’ experience on projects for the City of Waco or other municipalities (include value of project and contact information (phone and email) at the municipality)

(k) List a minimum of five (5) projects that are of similar size and type performed by the Proposer and each Subcontractor (include the value of each project and owner’s phone and email contact information)

(l) List of five (5) references for the Proposer and three (3) references for each Subcontractor.

(m) Resume, project history, and other information on Proposer’s job superintendent for the project.

B. Completeness of Submission

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

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

C. Response Date and Location Responses to this solicitation must be received by 2:00 p.m. (Central Time) on August 16, 2024.

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: Daryle Bullard, Sr. Purchasing Agent 1415 North 4th Street Waco, Texas 76707

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

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

“RFP 2026-005, On-Airport Rental Car Concession for Waco Regional Airport”

Proposals will be opened at 2:01 P.M. (Central Time) on May 7, 2026

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

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

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

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

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

(2) The written modification may be submitted by electronic transmission (fax or email or personal delivery to Purchasing Agent identified earlier in this document. The written modification must 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 proposer and submitted to a delivery company (UPS, FedEx, etc.) prior to the proposal closing time. If the original of the modification was not submitted to a delivery company prior to the closing time or is not received within three (3) days after the closing time of the bid, consideration will not be given to the modifications provided in the electronic transmission.

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

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

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

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

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

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

RFP Scoring Criteria Scoring Points

Available Experience and Qualifications (including local management and staffing)

Financial Capacity and Ability to Perform 20 Financial Proposal (Minimum Annual Guarantee – First Year) 25 Operational Plan and Customer Service Approach 15 Marketing and Business Development Plan (including dual brand consideration, if applicable)

TOTAL AVAILABLE POINTS 100

J. Final Selection Based on all information reviewed and presentations/interviews (if conducted), the City Manager or Executive staff shall establish the final ranking of the proposals.

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

K. Contact Award and Execution The final contract must be awarded and approved by the Waco City Council if the amount of the contract will exceed $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 against on the grounds of race, color, or national origin in consideration for an award.

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APPENDIX A

Scope of Services

(1) Detailed Scope of Services and Specifications

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(1) The City of Waco is soliciting proposals for On-Airport Car Concession for Waco Regional Airport. Proposers will be evaluated on the criteria set forth in this RFP.

Among those proposers deemed responsive and responsible, the proposer offering the highest total Minimum Annual Guarantee (MAG) may be considered the most advantageous to the Airport. Counter space nad rental car parking positions may be assigned in order of proposer ranking, with highest-ranked proposers receiving priority selection subject to Airport approval and operational considerations. The first-year Minimum Annual Guarentee shall be no less than $75,000.00 per concessionaire, regardless of brand(s). For subsequent years, the MAG shall be adjusted based on concessionaire's prior year gross revenue as defined in the final agreement.

A. Scope of Services

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RFP BOILER PLATE 02/2026

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) General Conditions for Construction Work

(3) Insurance & Indemnification Requirements

(4) Sales Tax Information

(5) HB 89 Energy Form

(6) HB 89 Firearms Form

(7) HB 89 Israel Form

(8) House Bill 1295 Information Sheet

(9) Foreign Terrorist Organization Form

(10) Protest Procedure

(11) Sample Contract

(12) Sample Payment and Performance Bond Requirements

(13) Registered with the Texas Secretary of State

(14) W-9 Taxpayer Identification Form

(15) Electronic Funds Transfer Authorization (EFT Form)

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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, to include fire legal liability

$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

$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, policy endorsements, exclusions, and/or relevant extracts from insurance policies, or policies shall

RFP 2026-005 Page 23 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.

A CONTRACTOR EXECUTING A CONTRACT WITH THE CITY AGREES TO ASSUME

FULL RESPONSIBILITY AND LIABILITY FOR THE SERVICES RENDERED PURSUANT TO

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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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VERIFICATION REQUIRED BY TEXAS GOVERNMENT CODE SECTION 227 .00

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.

RFP 2026-005 Page 29

ATTACHMENT A

VERIFICATION REQUIRED BY TEXAS GOVERNMENT CODE SECTION 227 .00

By signing below, Contractor hereby verifies that Section 227 .00 does not apply to this contract due to the following (check all that apply):

Contractor is a sole proprietor; or

Contractor has less than 10 full-time employees; or

Contract value is for less than $100,000.00.

PRINT COMPANY NAME:

SIGNED BY:

Print Name & Title:

Date Signed:

RFP 2026-005 Page 30

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:

Date Signed:

The following definitions apply to this state statute:

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

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

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

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

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

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

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

(B) does not include:

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

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

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

RFP 2026-005 Page 31 by a regulatory agency; or

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

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

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

(6) "Firearm entity" means:

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

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

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

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

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

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

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

RFP 2026-005 Page 32

VERIFICATION REQUIRED BY TEXAS GOVERNMENT CODE SECTION 2274.002

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

Contractor is a sole proprietor; or

Contractor has less than 10 full-time employees; or

Contract value is for less than $100,000.00.

PRINT COMPANY NAME:

SIGNED BY:

Print Name & Title:

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VERIFICATION REQUIRED BY TEXAS GOVERNMENT CODE SECTION 2271.002

through purchase orders) involving goods or services: (1) between a government entity and a Company with 10 or more full-time employees, and (2) has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity.

By signing below, Company hereby verifies the following:

1. Company does not boycott Israel; and

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

PRINT COMPANY NAME:

SIGNED BY:

Print Name & Title:

Date Signed:

The following definitions apply to this state statute:

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

and

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

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VERIFICATION REQUIRED BY TEXAS GOVERNMENT CODE SECTION 2271.002

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

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2016/12/29 HB 1295

NOTICE TO COMPLETE FORM 1295

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

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

202__-_____

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

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

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

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

[Insert name, address, email, fax, etc., for where to send the form]

Name:

Department:

Mailing Address: P.O. Box 2570, Waco, Texas 76702-2570

Delivery Address:

Email: Fax: (254)

The City must receive the notarized Form 1295 on or before 5:00 p.m. on (date)

Once received, the City will acknowledge to the Texas Ethics Commission through the Commission’s website that the Form 1295 has been received by the City. Once acknowledged by the City, the Form 1295 will be posted on the Commission’s website.

RFP 2026-005 Page 36 https://prd.tecprd.ethicsefile.com/File/

CERTIFICATION REQUIRED BY TEXAS GOVERNMENT CODE CHAPTER 2252

By signing below, Contractor acknowledges that effective September 1, 2017, the City is required to comply with Section 2252.151, Subchapter F of the Texas Government Code, enacted by Senate Bill 252 (85th Texas Legislature). The Code requires the Texas Comptroller to prepare and maintain a list of companies known to have contracts with or provide supplies or services to a foreign terrorist organization. Further, the law prevents a governmental entity from entering into a contract with a company that is identified on the list prepared and maintained by the Texas Comptroller. By executing this Agreement, Contractor certifies that it is not a company identified on the Texas Comptroller’s list as a company engaged in business with Iran, Sudan, or foreign terrorist organization, and notwithstanding anything contained herein, the representations and covenants contained in Texas Government Code Section 2252.152 shall survive termination of this agreement until the statute of limitations has run.

PRINT COMPANY NAME:

SIGNED BY:

Print Name & Title:

RFP 2026-005 Page 37

PROCEDURE TO PROTEST AWARD RECOMMENDATION

A. If a firm or person believes it is injured as a result of an RFB, a written protest may be filed.

B. The written protest may be delivered to the City’s Purchasing Services Department (“Purchasing”) in person to the department offices located at 1415 N. 4th St., Waco, Texas, 76707, or by certified mail, return receipt requested, to the following address:

Purchasing Services c/o City of Waco

Post Office Box 2570

Waco, Texas 76702-2570

C. The written protest must be filed no later than 5:00 p.m. on the fifth (5th) business day from the date of receipt of notification of the recommendation for the contract award.

D. The written protest must include the following information before it may be considered:

1. Name, mailing address, and business phone number of the protesting party;

2. Identification of the RFB being protested;

3. A precise and concise statement of the reason(s) for the protest which should provide enough factual information to enable a determination of the basis of the protest; and

4. Any documentation or other evidence supporting the protest.

E. In conjunction with the department that requested the RFB, Purchasing will attempt to resolve the protest, which may at Purchasing’s discretion include meeting with the protesting party. If the protest is successfully resolved by mutual agreement, written verification of the resolution of each ground addressed in the protest will be provided to the city manager or designee assistant city manager.

F. If the Purchasing is unable to resolve the protest, the protesting party may request the protest be reviewed and resolved by the city manager or designee assistant city manager.

G. A request for the city manager’s review must be in writing and received by the Purchasing within three (3) business days from the date the Purchasing informs the protesting party the protest cannot be resolved. The request for review must be delivered in person to the Purchasing at the address stated above or by certified mail, return receipt requested, to the mailing address stated above.

H. If a protesting party fails or refuses to request a review by the city manager within the three (3) days, the protest is deemed finalized and no further review by the city is required.

I. Applicable documentation and other information applying to the protest may be submitted by the protesting party to the Purchasing before review by the city manager. If the protesting party requests a review by the city manager, such documentation will be forwarded to the city manager or designee assistant city manager for consideration. The city manager or designee assistant city manager may likewise notify the protesting party or any city department to provide additional information. The decision reached by the city manager or designee assistant city manager will be final, but the protesting party may still appear before the City Council during the Hearing of the Visitors session of a City Council meeting.

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Registration with the Texas Secretary of State

The Legal Department of the City of Waco requires that the successful bidder be registered with the Texas Secretary of State to conduct business with the City of Waco for projects or services exceeding $99,999.99.

The registered information should align with the Business Identification form located in Appendix C and all business entity documents included in your submission.

To register, please visit the Texas Secretary of State website at:

https://www.sos.state.tx.us/corp/forms_boc.shtml

Yon can also call, or email for assistance:

Phone: (512) 463-5555

Corpinfo@sos.texas.gov

RFP 2026-005 Page 39 https://www.sos.state.tx.us/corp/forms_boc.shtml mailto:Corpinfo@sos.texas.gov

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Electronic Funds Transfer Authorization

This authorization allows the City of Waco, Texas to electronically credit the account of the vendor as shown below for payment for goods and services provided to the city, and, if necessary, to electronically debit the account to correct erroneous credits. Vendors will be notified of payments and debits via email from the city.

This authorization will remain in full force and effect until the vendor gives the City of Waco, Texas 14 days advance notice in writing of its desire to revoke this authorization. All requests require two authorizers to sign the form - electronic/digital signatures will not be accepted. If the vendor does not have two signers or write checks from the depository account, a completed bank letter may be accepted.

Current Information

Vendor Name:

Address:

City: State: Zip:

Telephone:

Email:

Authorized by:

(Print Name) (Signature)

Date: / / (Title)

Authorized by:

(Print Name) (Signature)

Date: / / (Title)

By signature above, person attests to the truth and validity of the information provided in this Electronic Funds Transfer Authorization form that is being submitted to the City of Waco, and acknowledges that any invalidity or falsifications therein may subject the person to criminal prosecution and/or civil penalties.

New Electronic Funds Information

City: State: Zip:

Bank Account #

Checking [ ] or Savings [ ] Financial

Institution:

Address:

Telephone:

9-Digit ABA Routing #

Name on the account

Please attach a canceled check - both sides.

RFP 2026-005 Page 46

If changing billing address or electronic funds information, please complete the following sections:

Previous Billing Address:

Vendor Name:

Address:

City: State: Zip:

Telephone:

Email:

Previous Electronic Funds Information:

Checking [ ] or Savings [ ]

Financial Institution:

Address: City: State: Zip:

Telephone:

9-Digit ABA Routing # Bank Account #

Name on the account

Please attach a canceled check - both sides.

RFP 2026-005 Page 47

APPENDIX C

Forms to Complete and Return

Submission of Bid/Proposal and Acknowledgment of Addenda

Business Identification Form

Conflict of Interest Questionnaire (CIQ form)

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

Business

Litigation Disclosure

Certification Regarding Debarment

Non-collusion Affidavit

Texas Public Information Act

Drug Free Workplace

RFP 2026-005 Page 48

SUBMISSION OF BID AND ACKNOWLEDGMENT OF ADDENDA RFP No. 2026-005

ISSUED BY CITY OF WACO, TX

The entity identified below hereby submits its response to the above identified RFB. The entity affirms that it has examined and is familiar with all of the documents related to RFB.

DECLARATION OF INTENT

As per the “SUBSTITUTIONS” section of the “STANDARD INSTRUCTIONS FOR ALL BIDS” contained within these bid documents, I attest that the bid submitted is: (check one box below)

1. to the exact Specifications and the Terms and Conditions of the bid documents.

2. to the exact specifications with modifications to the Specifications and/or the Terms and Conditions as noted in the attached documentation.

or

3. NOT to the exact Specifications and/or the Terms and Conditions and is therefore an alternate bid, submitted for the City’s…