ESBD_367198_1720474668436_RFB 2024-047 Proposal Package (Reduced).pdf

REQUEST FOR PROPOSAL

RFP No. 2024-047

Cameron Park Zoo Governance Study - Phase I

Issue Date: July 10, 2024

Closing Date & Time: August 1, 2024, 2:00 P.M. CT

Opening Date & Time: August 1, 2024, 2:05 P.M. CT

For Information Contact:

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

Pre-Proposal Meeting:

Zoom Video Link – See Page 3

RFP Opening Location:

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

Zoom & Dial-In Information:

Please see Page 3

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

Fax 254 / 750-8063 waco-texas.com

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BONFIRE ELECTRONIC BIDDING

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

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

Register with the City of Waco.

Receive notifications for bids and services requests from the City.

Stay updated on changes, addendums, open solicitations.

Submit bids and proposals electronically.

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

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

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

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

MINORITY, WOMEN-OWENED BUSINESS ENTERPRISE (MWBE)

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

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

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ZOOM ACCESS INSTRUCTIONS & ADDITIONAL

INFORMATION

PRE-PROPOSAL

RFP NUMBER:

DATE:

TIME: CENTRAL

QUICK LINK:

MEETING ID:

DIAL IN NUMBER:

PASS CODE:

ADDITONAL

INFORMATION:

Non- Mandatory Via Zoom Video & Dial In

PROPOSAL OPENING

RFP NUMBER:

DATE:

TIME: CENTRAL

QUICK LINK:

MEETING ID:

DIAL IN NUMBER:

PASS CODE:

ADDITONAL

INFORMATION:

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TABLE OF CONTENTS

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

Appendices A. Scope of Services and Specifications / Pricing Forms

(1) Detailed Scope of Services and Specifications

B. Contract Requirements

(1) City of Waco General Terms and Conditions

(2) Insurance & Indemnification Requirements

(3) Worker’s Compensation

(4) Wage Rates

(5) Sales Tax Information

(6) HB 89 Energy Form

(7) HB 89 Firearms Form

(8) HB 89 Israel Form

(9) HB1295 Information Sheet

(10) Protest Procedure

C. Forms to Complete and Return

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

(2) Business Identification Form

(3) Conflict of Interest Questionnaire (CIQ form)

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

Charter)

(5) Minority Women Owned Business & HUB Certification

(6) Litigation Disclosure

(7) Certification Regarding Debarment

(8) Non-collusion Affidavit

(9) Foreign Terrorist Organization Verification Form

(10) Texas Public Information Act

(11) Drug Free Workplace

(12) W-9 Form

D. Specifications

(1) Mission Statement

(2) Background & History

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RFP No. 2024-047

Cameron Park Zoo Governance Study - Phase I

Please Register for Notification

REGISTER INTEREST

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

Company/Firm:

Name of Contact Person(s):

Email(s):

Telephone: Fax:

Mailing Address:

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

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

City of Waco Purchasing Services Post Office Box 2570

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

Fax 254 / 750-8063 waco-texas.com

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I. SCHEDULE FOR SOLICITATION COMPETITIVE SEALED

PROPOSAL

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

July 10, 2024

July 18, 2024

July 24, 2024

August 1, 2024

August 1, 2024

August 2 - August 10, 2024

Issuance of the RFP

Pre-Proposal Meeting 10:00 A.M.

Deadline for questions in 5:00 P.M.

Proposals due by 2:00 P.M.

Proposal Opening at 2:05 P.M.

Evaluation of submission

Interviews or Presentations may be conducted

Tentatively, the final selection decision will be made, and submitters will be notified of award by, August 16, 2024. This schedule is subject to change by the City.

II. CONTACT WITH CITY OF WACO

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

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

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

Official Address (if needed) - City of Waco Purchasing Services Attn:

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

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

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

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III. DEFINITIONS

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

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

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

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

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

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

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

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

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

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

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

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

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IV. REQUESTED SERVICES/PRODUCTS

A. Scope of Services / Specifications The City of Waco is seeking vendors and consultants to perform a comprehensive evaluation of the zoo’s current operational model. The initial phase will involve a thorough assessment to determine if transitioning to an enhanced public-private partnership would be beneficial. This will include a critical analysis of the existing governance structure in collaboration with the Cameron Park Zoological and Botanical Society. Additionally, the study will explore the zoo’s financial prospects by developing a 15-year financial forecast, drawing comparisons with benchmark institutions to anticipate the fiscal advantages of potential operational modifications.

In the first phase, the study will also devise a strategic growth plan, outlining the optimal timing for substantial infrastructure developments, novel revenue-generating opportunities, and seasonal events that could attract visitors. The findings from this phase will provide a foundation for stakeholders to make an informed decision on whether to proceed with the second phase. If pursued, the subsequent phase will detail the roadmap for fortifying the public-private partnership, aiming to enhance the zoo’s governance and operational efficiency. The deliverables will include a written opinion on the governance model, a financial projection model, and a proposed growth strategy.

(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

The Duration of Services will be defined by the contract negotiated with the Preferred Proposer.

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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.

(3) Response Date and Location Responses to this solicitation must be received by 2:00 p.m. (Central Time) on August 1 , 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: Christopher Hanchard, Purchasing Agent 1415 North 4th Street Waco, Texas 76707

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

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

“RFP 2024-047, CAMERON PARK ZOO GOVERNANCE

STUDY - PHASE I”

Proposals will be opened at 2:05 P.M. (Central Time) on August 1, 2024

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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

The proposed pricing 40 The proposed duration; 15

Experience with projects of similar size and type 15

Experience of proposed Superintendent 15 Proposer’s reputation 15

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 $50,000.00. If the contract is for less than that amount, depending on the amount, the contract may be executed by the City Manager, an Assistant City Manager, department head or director.

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APPENDIX A

Scope of Services and Requirements

1) Detailed Scope of Services and Requirement

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Request for Proposal Zoo Governance Study – Phase I

Overview:

The City of Waco wishes to conduct a governance study regarding the operation of the Cameron Park Zoo. The City would like to approach this process in two phases where the first phase is evaluation and the second phase, if desired, would be implementation. While there is interest to complete the first phase within the next twelve months, there is no timeline for the second phase. The purpose of this RFP is to conduct phase one of the study.

Scope of Work:

1. Evaluate the current governance model of the Cameron Park Zoo for the purpose of determining whether the Cameron Park Zoo would benefit from an enhanced public private partnership between the City of Waco and the Cameron Park Zoological and Botanical Society and provide written opinion.

2. Evaluate income potential of the Cameron Park Zoo and produce a 15-year financial model based on benchmark organizations to project financial benefits through operating model adjustments.

3. Produce a growth model that suggests timing for significant infrastructure projects, new earned revenue opportunities, and seasonal attractions.

4. Based on the results of Phase 1, stakeholders will decide whether to pursue Phase 2 of the study which would include describing the path to enhancing the Public Private Partnership.

Requirements:

1. Provide qualifications as to why your firm is equipped to handle this scope of work.

2. Provide the names of the individuals who will complete the work.

3. Provide three references.

4. Provide a fee for completing Phase 1.

5. Provide a schedule for completing the work of Phase 1.

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APPENDIX B

Contract Requirements

(1) City of Waco General Terms and Conditions

(2) Insurance & Indemnification Requirements

(3) Worker’s Compensation

(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) Protest Procedure

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APPENDIX B.(1)

General Waco Terms and Conditions

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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City of Waco Insurance & Indemnification Requirements Professional Services – Not Engineer or Architect

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

• 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 (if any)

b. Non-owned vehicles

c. Hired vehicles

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

Professional Liability (Claims Made Form)

$1,000,000

Term of Policy: With regard to any approved claims-made policy form, a contractor shall maintain and keep in force and effect said coverage during the term of this contract and for a period of three (3) years following the expiration or completion of the contract with the City, either through an existing carrier or a carrier of comparable financial statute and reputation.

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 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.

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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 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, Employers’ Liability, and Professional Liability Insurance, 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.

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INDEMNIFICATION.

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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City of Waco Workers’ Compensation Coverage Verification Form

The City of Waco, a State of Texas Governmental Entity and Municipality, is required to comply with the Texas Labor Code. Specifically, Texas Labor Code – Section 406.096 directs Contractors who enter into a building or construction Contract with a Municipality to certify in writing that (1) they provide workers’ compensation insurance coverage for each employee of the contractor employed on public projects, and (2) they receive a certificate from each subcontractor showing that every employee of the subcontractor is covered by workers’ compensation insurance.

For your convenience, Texas Labor Code – Section 406.096 is attached.

Please review Section 406.096 prior to completing the City of Waco Workers’ Compensation Coverage Verification Form.

If you have questions concerning this form, contact City of Waco Risk Management office at (254) 750- 5730.

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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

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

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

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

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

In completing the exemption form, a contractor will:

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

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

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

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

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

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

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

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

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

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

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

RFP…