ESBD_377758_1727449176728_RFP 2024-079 Proposal Package Final.pdf

REQUEST FOR PROPOSAL

RFP No. 2024-079 Doris Miller Community Center

Aquatics Operations and Management Services

Issue Date: September 27, 2024 Closing Date & Time: October 31, 2024, 2:00 P.M. CT Opening Date & Time: October 31, 2024, 2:05 P.M. CT

For Information Contact:

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

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 2024-079 Page 1 mailto:%20XXX@wacotx.gov mailto:daryleb@wacotx.gov http://www.waco-texas.com/

City of Waco, Texas

To our valued City of Waco vendors, We are pleased to announce that the City of Waco has partnered with Bonfire Interactive, a Euna Solutions brand, to create a new procurement portal. This portal will enable you to receive notifications of business opportunities and submit bids and proposals to the City of Waco online.

To register your company on the portal, please visit the City of Waco's Bonfire portal website at https://waco-texas.bonfirehub.com and follow the link to the Bonfire vendor registration page.

Registration is free and easy. Please make sure to select the NIGP codes that correspond to your type of business or organization. Our solicitations will be based on these codes and will be matched to vendors and contractors with the same codes.

We are excited about this new initiative to streamline our electronic bid process and we look forward to continuing our relationship with you. Thank you for your interest in doing business with the City of Waco.

If you have any questions, please contact Kasey Gamblin, Purchasing Manager, or any of the Purchasing Agents listed below.

Paul Campos - 254-750-8062, pcampos@wacotx.gov

Daryle Bullard - 254-750-6616, daryleb@wacotx.gov

Chris Hanchard - 254-750-6640, christopherh@wacotx.gov

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

Sherry Martin - 254-750-8060, sherrym@wacotx.gov

Sincerely, Kasey Gamblin

254-750-8405 kaseyg@wacotx.gov

RFP 2024-079 Page 2 mailto:pcampos@wacotx.gov mailto:daryleb@wacotx.gov mailto:christopherh@wacotx.gov mailto:melaniew@wacotx.gov mailto:sherrym@wacotx.gov mailto:kaseyg@wacotx.gov https://waco-texas.bonfirehub.com

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

RFP 2024-079 Page 3 https://wacotx.zoomgov.com/j/1616484216

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 Proposal – Submission and Award Procedures

Appendices A. Scope of Services / Pricing Forms

(1) Scope of Work

B. Contract Requirements

(1) City of Waco General Terms and Conditions

(2) Additional Terms for Services

(3) Insurance & Indemnification Requirements

(4) Sales Tax Information

(5) HB 89 Israel Form

(6) HB 89 Firearms Form

(7) HB 89 Energy Form

(8) HB1295 Information Sheet

(9) Protest Procedure

C. Forms to Complete and Return

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

(2) Business Identification Form

(3) Conflict of Interest Questionnaire (CIQ form)

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

(5) Minority Women Owned Business & HUB Certification

(6) Litigation Disclosure

(7) Certification Regarding Debarment

(8) Non-Collusion Affidavit

(9) Texas Public Information Act

(10) Drug Free Workplace

(11) W-9 Form

RFP 2024-079 Page 4

RFP No. 2024-079 Doris Miller Community Center

Aquatics Operations and Management Services

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

RFP 2024-079 Page 5 mailto:daryleb@wacotx.gov.

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

I. SCHEDULE FOR SOLICITATION COMPETITIVE SEALED PROPOSAL

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

• Issuance of the RFP

• Deadline for questions at 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 November, 2024. 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 with someone other than the Purchasing Agent listed above, or his/her designated representative in 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.

September 27, 2024 October 18, 2024 October 31, 2024 October 31, 2024 November 4, 2024 - November 8, 2024 November 12, 2024 - November 15, 2024

RFP 2024-079 Page 6 mailto:daryleb@wacotx.gov https://waco-texas.bonfirehub.com/login https://www.waco-texas.com/Departments/Purchasing/Open-Bid-Opportunities https://www.waco-texas.com/Departments/Purchasing/Open-Bid-Opportunities

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, 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 Proposal.

(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 of 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 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 issuing this Request for Proposal (RFP) to obtain a qualified partner for aquatics operations and management services in a community facility for all ages.

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

(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 and 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 complete and available for occupancy and use in January 2025. It is additionally anticipated that work will not be performed on City holidays unless specifically approved by City. Since “day” is defined as a calendar day, City holidays shall be counted as days and included in calculating the Contract time. If a Contractor wants to perform work on City holidays, the Contractor shall seek approval by making a written request to City. Contractor shall be responsible for all City staff and third-party time, costs, expenses, and overtime for work performed on City holidays, unless excused in writing by the City prior to the work. Contractor shall include sufficient weather days as appropriate for the time of year and overall duration of the work within its proposal.

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 PROPOSAL – 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.

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 October 31, 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

RFP 2024-079 Page 9 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 2024-079, DORIS MILLER COMMUNITY CENTER

AQUATICS OPERATIONS AND MANAGEMENT SERVICES”

Proposals will be opened at 2:05 P.M. (Central Time) on October 31, 2024

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, email or personal delivery) to the 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.

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

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

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

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

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 50 The proposed program design 20 Experience with projects of similar size and type 20 Experience of proposed staff 5 Proposer’s references 5

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 exceeds $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 / Pricing Form

(1) Scope of Services

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Scope of Work

The City of Waco is issuing this Request for Proposal (RFP) to obtain a qualified partner for aquatics operations and management services in a community facility for all ages. The successful vendor will enter into an operational and management agreement with the City of Waco that outlines the scope of services, performance measures, and payment.

The City of Waco aims to provide a high-quality aquatics center that provides residents with a full range of water activities, including open swim, swim lessons, drowning prevention, aquatics fitness and lifeguard training. The proposal may also include additional programming such as special events, competitive swimming, masters swimming, rentals and inclusive aquatics activities.

It is the City’s intention that the Doris Miller Community Center indoor pool be operated in a professional and fiscally responsible manner consistent with industry best practices and within all applicable laws and ordinances.

Operating objectives include contracting with an organization that maximizes community opportunities for swimming education, water safety awareness, participation in aquatic activities, and access to lifeguard and safety training. Additionally, the organization should operate efficiently and provide comprehensive, innovative marketing.

The qualified organization should present a strong and detailed plan outlining the range of services they will offer to develop, promote, and market programs and events, maintain clean and safe facilities, and manage staff. The plan should include performance measures that reflect a thorough understanding of aquatics operations as well as the Waco community.

The City of Waco has the following expectations:

• Operator must provide aquatic recreation and education programs to the public. Examples of these activities include but are not limited to drowning prevention initiatives, swim lessons for all ages, aquatic fitness classes, open swim, lifeguard certification, as well as CPR and first aid training for the community.

• Operator must provide all program equipment and supplies necessary to perform the activities and manage the Center. Before operator begins operating the Center, City will provide an inventory of the Center’s equipment. Operator will be required to maintain, repair or replace in kind any city equipment or other property that is damaged, lost or stolen.

• Operator must provide all necessary staffing and personnel to conduct program activities and manage the Center, including an aquatics manager, lifeguards, swim lesson instructors, and aquatic fitness instructors. Operator must ensure that its staff and personnel (including temporary employees or volunteers) are qualified and competent to perform the assigned tasks, have completed a drug test and background check at operator’s sole expense, and are acceptable to City. Operator must provide a copy of the background checks to the Parks & Recreation Department on an annual basis.

• Operator will be responsible for pool maintenance, including chemical treatments and cleaning, cleaning and general maintenance of interior spaces, management of utilities, and ensuring a safe and well-maintained facility for aquatic activities.

• The proposal should detail the range and number of aquatic programs and services to be offered annually and outline the proposed hours of operation and fees for the programs.

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• Operator must conduct regular program reviews and updates to ensure the aquatic programming remains current and incorporates any changes or advancements in best practices.

• Operator and the City of Waco will collaborate to develop and implement Key Performance Indicators (KPIs), with specific target values or ranges to guide expectations and evaluate success objectively. They will also create a process for revising these KPIs based on evolving community needs and feedback to keep aquatics management and programming relevant. Additionally, they will use the City of Waco’s existing KPI reporting format and data requirements to ensure consistency and facilitate performance assessment.

• Operator and the City of Waco will develop an annual review meeting between the City of Waco and the Operator to discuss achievements, challenges, and opportunities for improvement based on the reported data.

• Operator will detail community outreach and engagement strategies to ensure that aquatics programming is accessible to diverse segments of the Waco community. This includes fostering relationships with local schools, colleges, universities and community organizations to broaden the reach and effectiveness of the programs offered.

• Operator must ensure compliance with all relevant laws, regulations, and City ordinances, including those related to safety, accessibility and nondiscrimination.

• Operator is responsible for covering 100% of all utility deposits and expenses related to the indoor aquatic facility and its operations. This encompasses costs for electricity, water, sewer, gas, trash removal, telephone, fax, security alarm systems, cable and/or internet services, including any associated equipment costs. All utility accounts must be established in the operator’s name. Before occupying the facility, the operator must transfer all utility services into their name and pay the required deposits in full. As part of their proposal submission, the operator must provide the city with the amount required for each utility deposit.

• Operator may have the opportunity to sell concessions according to Waco-McLennan County Public Health Department standards, charge activity fees to participants, or rent space for specific events, provided that these events, rates, and fees are pre-approved by the city. All revenue generated from programs, activities, concessions, and rentals must be deposited at least weekly into a dedicated bank account maintained by the operator. These funds are to be used exclusively for operating the facility, including programs, activities, maintenance, equipment, and improvements. The city reserves the right to audit operator's procedures, books, records, or other requested documents at any time.

• Operator should provide all their own office equipment, including but not limited to telephones, computers, fax machines, photocopiers, etc.

• Operator is required to maintain all facility fixtures, mechanical systems, equipment, roofs, exterior building envelope, interior finishes, assemblies, and other improvements in a functional and aesthetically pleasing condition at all times. Operator is responsible for all repairs, replacements, renovations, and modifications necessary to uphold facility standards. These actions must be reviewed and approved by the city, adhering to applicable city facility design guidelines and standards. The city may conduct regular inspections to ensure compliance with these standards.

• Operator is required to provide custodial services and janitorial products for the facility, meeting the minimum standards set by the city. Additionally, the operator must maintain the exterior premises of the facility, ensuring all trash within the property or within fifty (50) feet of the

RFP 2024-079 Page 14 building is picked up promptly. Any graffiti must be removed within 48 hours. The operator is also responsible for providing pest control services for the facility.

• Operator assumes responsibility for center security, including the provision of security guards or security alarm systems. The operator is accountable for addressing all false alarms, including associated fines.

• Operator must obtain, at their own expense, and maintain throughout the term of the Agreement, including any renewal periods, General Liability and Automobile Liability insurance policies in the specified minimum amounts, along with Workers' Compensation insurance at the statutory limits required by law.

Evaluation:

The proposed project aims to accomplish many objectives in hopes of creating a large-scale impact on Waco community members, inspiring them to pursue aquatics offerings further in the future as well as helping them gain valuable skills essential to water safety. However, there must be Key Performance Indicators to show the progress of the project and if it accomplishes the goal, such as:

• Unduplicated participant count per year

• Hours of outreach engagement

• Number of individuals reached through outreach, newsletters, and social media

• Social media presence

• Number of people subscribed to the mailing list

• Total number of aquatic participants

• Percentage of free/reduced memberships

• Total profits

• Attendance for weekly events

• Number of hosted programs

Each of these indicators will be measured monthly.

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APPENDIX B

Contract Requirements

(1) City of Waco General Terms and Conditions

(2) Additional Terms for Services

(3) Insurance and Indemnification Requirements

(4) Sales Tax Information

(5) HB 89 Israel Form

(6) HB 89 Firearms Form

(7) HB 89 Energy Form

(8) House Bill 1295 Information Sheet

(9) Protest Procedure

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City of Waco Insurance & Indemnification Requirements Professional Services – Aquatics Operations and Management

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

• Sexual Abuse / Molestation

$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.

RFP 2024-079 Page 24

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.

RFP 2024-079 Page 25

TEXAS SALES TAX EXEMPTION INFORMATION

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

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

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

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

In completing the exemption form, a contractor will:

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

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

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

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

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

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

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

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

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

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

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

PLEASE SIGN AND RETURN WITH BID

RFP 2024-079 Page 26 http://www.window.state.tx.us/taxinfo/taxforms/01-forms.html http://www.window.state.tx.us/taxinfo/taxforms/01-339.pdf http://www.window.state.tx.us/taxinfo/sales/ http://statutes.capitol.texas.gov/Docs/TX/htm/tx.151.htm https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=34&pt=1&ch=3&rl=291 https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=34&pt=1&ch=3&rl=291

01-339 Front

(Rev.4-1318)

Texas Sales and Use Tax Resale Certificate

Name of purchaser, firm or agency as shown on permit

I Phone (Araa code and number)

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

City, State, ZIP code

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

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

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

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

Seller:. ___________________________________________ _

Street address:

City,_ ________ State,_ _________ .ZIP code: _________________ _

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

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

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

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

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

Purchaser Titte Date

This certificate should be furnished to the supplier.

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

RFP 2024-079 Page 27

RFP 2024-079 Page 28

VERIFICATION REQUIRED BY TEXAS GOVERNMENT CODE SECTION 2271.002

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

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

By signing below, Company hereby verifies the following:

1. Company does not boycott Israel; and

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

PRINT COMPANY NAME:

SIGNED BY:

Print Name & Title:

Date Signed:

The following definitions apply to this state statute:

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

and

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

RFP 2024-079 Page 29

ATTACHMENT A

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:

Date Signed:

RFP 2024-079 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 2024-079 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 2024-079 Page 32

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:

RFP 2024-079 Page 33 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 2024-079 Page 34

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:

RFP 2024-079 Page 35

INFORMATION ABOUT FORM 1295 DISCLOSURE

Beginning January 1, 2016, a business entity entering into a contract which is approved by the Waco City Council for services, goods or other property to be used by the City of Waco was required to complete a Certificate of Interested Parties Form 1295 on the Texas Ethics Commission website.