ESBD_389149_1736349656581_RFP 2025-002 Proposal Package.pdf

REQUEST FOR PROPOSAL

RFP No. 2025-002 Concession Management at Riverbend Park

Issue Date: January 8, 2025 Closing Date & Time: January 31, 2025, 2:00 P.M. CT Opening Date & Time: January 31, 2025, 3:00 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 2025-002 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 2025-002 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 2025-002 Page 3 https://wacotx.zoomgov.com/j/1606633730

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/Pricing

(1) Scope of Services

B. Contract Requirements

(1) City of Waco General Terms and Conditions

(2) Additional Terms for Services

(3) Insurance and Indemnification Requirements

(4) Worker’s Compensation

(5) Wage Rates

(6) Sales Tax Information

(7) HB 89 Energy Form

(8) HB 89 Firearms Form

(9) HB 89 Israel Form

(10) HB1295 Information Sheet

(11) Foreign Terrorist Organization Form

(12) 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 2025-002 Page 4

RFP No. 2025-002 Concession Management at Riverbend Park

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 2025-002 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.

January 8, 2025 January 24, 2025 January 31, 2025 January 31, 2025 February 7, 2025

• Issuance of the RFP

• Deadline for questions by 5:00 P.M.

• Proposals due by 2:00 P.M.

• Proposal Opening at 3:00 P.M.

• Evaluation of Submissions

• Interviews or Presentations may be conducted

Tentatively, the final selection decision will be made, and submitters will be notified of award by February 2025. 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 e-mail 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 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.

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, RFP 2025-002 Page 6 mailto:daryleb@wacotx.gov https://waco-texas.bonfirehub.com/login 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 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 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 calendar or working day (this should be defined based on the bid) unless otherwise specifically defined.

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IV. REQUESTED SERVICES/PRODUCTS

A. Scope of Services / Specifications The intent of this RFP is to contract with an outside vendor for concession operations at Riverbend Park baseball and softball complex. The City of Waco is seeking a three-year contract where a concessionaire would establish, manage, and operate the two separate concession stands servicing and located in the facility.

Minimum acceptable offer is 15% of gross revenue.

(1) A detailed Scope of Services is 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. 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.

B. Completeness of Submission

(1) Proposers are responsible for examining and being familiar with all specifications, 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 January 31, 2025.

The City prefers that vendors use the new Bonfire portal at waco-texas.bonfirehub.com/login, paper submissions will still be received at the address listed below Via Delivery Services or Personal Delivery to:

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

If using U.S. Mail, note that U.S. Mail is initially received at Waco City Hall and then delivered to the office of Purchasing Services by a City courier. That delivery may occur a day or more after being received at Waco City Hall. Allow additional time in advance of the proposal due date for U.S.

RFP 2025-002 Page 9

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 2025-002, CONCESSION MANAGEMENT AT RIVERBEND PARK”

Proposals will be opened at 3:00 P.M. (Central Time) on January 31, 2025

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 e-mail) 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 e-mail), 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

RFP 2025-002 Page 10 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 Proposed Plan and Concept 30 Customer Service and Operational Approach 25 Financial Proposal and Viability 20 Experience 15 Risk Management and Contingency Plans 10

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

(1) Detailed Scope of Services

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Scope of Services Concession Management at Riverbend Park

Background

Riverbend Park is located at 1001 Lake Shore Drive, Waco, Texas 76708. Riverbend Park is an eight-field complex that hosts City-operated programs such as adult slow-pitch softball leagues, adult men’s and women’s soccer leagues, adult and youth softball tournaments, and adult flag football and kickball leagues. Additionally, the City coordinates the rental of the facility from community organizations for tournaments, organized games, and practices.

Riverbend Park’s concession stands would be open during all game play at Riverbend, including nights and weekends, from February through December each year, with full schedules to be provided to vendor upon completion. Any exceptions must be discussed and approved by the City of Waco Athletics Coordinator.

Introduction

This Scope of Services outlines the requirements for the operation and management of concessions at Riverbend Park. The concessionaire will be responsible for providing food, beverages, and related services during events and activities held at the ballpark, ensuring a positive customer experience, compliance with health and safety regulations, and contributing to the overall atmosphere of the park.

Objectives

• Deliver high-quality, assorted food and beverage options to attendees of Riverbend Park.

• Provide an enjoyable concession experience for patrons.

• Maximize revenue generation through strategic management and efficient operations.

• Comply with all local and state health regulations and park policies.

• Ensure a clean, safe, and organized environment for both patrons and employees.

Scope of Work

The selected concessionaire will be responsible for the following:

Concession Operations

• Food and Beverage Options: Provide a variety of food and beverage options that meet the needs of the park’s audience. Options should include but are not limited to:

o Traditional ballpark foods: Hot dogs, nachos, pretzels, popcorn, peanuts, etc.

o Beverages: Soft drinks, bottled water, sports drinks, and alcoholic beverages (when applicable).

o Healthy and/or dietary-specific options: Gluten-free, vegetarian, vegan, and allergen-friendly items, such as whole fruit (bananas, apples, oranges) fruit cups, veggie cups, trail mix, popcorn, granola bars, peanut butter and cracker packs, etc.

• Menu Design: Create a flexible menu that appeals to a broad range of patrons.

• Concession Stands: Operate the two concession stands, ensuring they are properly stocked, staffed, and maintained.

• Credit Card Payments: Ability to accept credit card payments at all points of sale.

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Staff Management

• Hiring and Training: Recruit, train, and manage concession staff, including cooks, cashiers, servers, and supervisors. All staff must be trained in customer service, food safety, and park policies.

• Scheduling: Develop a staffing schedule that ensures coverage for all events and peak hours, adjusting as needed.

o For all events outlined in the schedule provided by the City, at least one concession stand must be open. Concession stands may close if any event extends past 9 p.m. Any last-minute schedule changes must be approved by the Athletics Department and will be communicated to concessionaire in advance.

• Appearance and Conduct: Ensure that all employees maintain a clean, professional appearance and conduct themselves with respect and courtesy.

Health and Safety

• Compliance with Regulations: Adhere to all local, state, and federal health and safety regulations, including food safety, sanitation, and alcohol service laws.

• Food Safety: Ensure proper food handling, storage, and preparation practices, including temperature controls.

• Waste Management: Manage waste collection, disposal, and recycling efforts in accordance with environmental guidelines. Ensure that food waste, packaging, and other materials are properly disposed of.

Equipment and Maintenance

• Concessions Equipment: Maintain and operate food service equipment (grills, fryers, refrigerators, etc.) in good working order. Ensure all equipment is regularly cleaned and serviced to avoid downtime.

• Facility Maintenance: Maintain a clean appearance for all concession areas, including food prep areas and counters. Implement regular cleaning schedules and address any maintenance issues promptly.

Customer Experience

• Speed of Service: Ensure that food and beverages are served in a timely manner. Implement strategies to minimize wait times and improve overall service speed.

• Customer Service Excellence: Ensure all staff provide friendly and helpful service to all patrons.

Handle complaints or issues promptly and professionally.

• Patron Engagement: Create promotions, discounts, or seasonal offerings to engage with patrons and increase concession sales.

Alcohol Management

• Responsible Alcohol Service: Implement responsible alcohol service policies in compliance with state and local laws. This includes verifying age, serving limits, and ensuring the safety of patrons.

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• Training: All staff involved in alcohol sales must be trained in responsible beverage service practices.

Marketing and Promotions

• Concessions Marketing: Work with the City of Waco’s Parks & Recreation Marketing team to create promotional events, discounts, and specials for patrons. Consider offering limited-time food items or collaborations with local food vendors.

• Branding and Signage: Ensure that the branding for food and beverage stands aligns with the overall park’s aesthetic and is clear and visible to patrons.

Revenue Management and Reporting

• Sales Tracking: Track all food and beverage sales accurately, including cash and credit cards.

• Financial Reporting: Provide regular financial reports to Riverbend Park management, including daily sales, inventory levels, and labor costs.

• Revenue Goals: Work with Riverbend Park management to establish and meet sales targets, adjusting operational strategies as necessary to meet or exceed these goals.

Inventory and Procurement

• Inventory Management: Maintain adequate stock levels of food, beverages, and supplies to meet demand during all events. Regularly review inventory to reduce waste and prevent shortages.

• Suppliers and Sourcing: Source ingredients, food items, and beverages from reputable suppliers. Where possible, source local or sustainable products to enhance the park's brand and appeal to environmentally conscious patrons.

Performance Metrics

The concessionaire will be evaluated based on several key performance indicators (KPIs), including:

• Customer Satisfaction: Measured through surveys, feedback forms, and direct patron interaction.

• Sales Performance: Meeting or exceeding targeted sales goals for food and beverage.

• Operational Efficiency: Effective management of staff, inventory, and equipment.

• Health and Safety Compliance: Passing health inspections and meeting safety requirements.

Duration and Termination of Agreement

• Contract Duration: The term of the agreement will be for three years.

• Termination: The agreement may be terminated by either party with 30 days' written notice in the event of non-performance, breach of contract, or other significant issues. The concessionaire may be subject to penalties for failure to meet agreed-upon service levels.

RFP 2025-002 Page 15

APPENDIX B

Contract Requirements

(1) City of Waco General Terms and Conditions

(2) Additional Terms for Service

(3) Insurance and Indemnification Requirements

(4) Worker’s Compensation

(5) Wage Rates

(6) Sales Tax Information

(7) HB 89 Energy Form

(8) HB 89 Firearms Form

(9) HB 89 Israel Form

(10) House Bill 1295 Information Sheet

(11) Foreign Terrorist Organization Form

(12) Protest Procedure

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(a) 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) The City of Waco will not agree to binding or mandatory arbitration or mediation.

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

(g) 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) 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) 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) 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 claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party.

APPENDIX B. (1)

General Waco Terms and Conditions

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(k) 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) The City will not agree to pay the selected firm s attorney s fees or other legal costs under any circumstances.

(m) 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) 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) 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) 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.

(q) It is not the intent of this solicitation or the contract to be awarded to create a joint enterprise or joint venture.

(r) 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.

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

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

(b) Completing this Project in a timely manner is very important to the City of Waco. Submitter must agree to commence work on or before a date to be specified in a written "Notice to Proceed" of the City and to fully complete the project within the time stated in the contract documents. As it is impracticable and extremely difficult to fix the actual damages, if any, that may proximately result from a failure by Submitter to perform the service, should submitter fail to complete the project within the calendar days specified in the contract, Submitter agrees to pay to City, or have withheld from monies due it, the amount stated in the contract documents as liquidated damages for each calendar day of delay or nonperformance. Any sums due and payable hereunder by the Submitter shall be payable, not as a penalty, but as liquidated damages representing an estimate of delay damages likely to be sustained by the City, estimated at the time of executing this Contract.

Execution of a contract for this Project shall constitute agreement by the City and Submitter that said amount is the minimum value of the costs and actual damage caused by the failure of the Submitter to complete the Project within the allotted time. A sum due as liquidated damages may be deducted from payments due the Contractor if such delay occurs. Adjustments to the contract times can only be made as provided in the contract documents and any conditions or specifications referenced therein.

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

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

APPENDIX B.(2)

Additional Terms for Services

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(e) In the event performance by the Selected Firm of its obligations under this Agreement shall be interrupted or delayed by or as a consequence of a fire, flood, severe weather, or other act of God, war, insurrection, civil disturbance, or act of state, the Selected Firm shall be excused from such performance for the period of time such occurrence shall have lasted or such period as is reasonably necessary to rebuild or take other action necessary to resume performance. The period of time reasonably necessary to rebuild or take other action necessary to resume performance shall be as determined by the agreement of the parties, which agreement shall be negotiated and arrived at in good faith.

The Selected Firm shall notify the Contact Person or Contract Administrator of any matter covered above, the occurrence of which interferes or threatens to interfere with the performance of any of its obligations under the bid. Upon such notice, the Selected Firm and the City shall consult and cooperate as to measures which may be taken to overcome the interference or as to alternative measures which may be undertaken by the parties with a view to the continued performance of the bid agreement.

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

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

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

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

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

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

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

(h) Except as provided elsewhere in the contract documents:

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

RFP 2025-002 Page 21 exclude the Selected Firm from the Project site and pursue any remedies available to the City.

2. Upon ten (10) days written notice, City may terminate the contract for convenience, for any reason. In such case, the Selected Firm shall be paid, without duplication, for completed and acceptable work and expenses, including reasonable overhead and profit, and for other reasonable expenses directly attributable to the termination. In no case shall the Selected Firm be paid for anticipated profits or other consequential damages. Upon receipt of written notice, the Selected Firm shall have a duty to mitigate its termination costs and shall not incur additional costs unrelated to the costs directly related to either securing completed work or winding down the Project.

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City of Waco 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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PREVALING WAGE RATES

INFORMATION

Texas Government Code Chapter 2258 requires a worker employed by a contractor or subcontractor in the execution of a contract for the public work by or on behalf of political subdivision of the state to be paid a prevailing wage rate.

Definition of “public work.” A public work to which this provision applies includes but is not limited to construction of a building, highway, road, excavation, and repair work or other project development or improvement, paid for in whole or in part from public funds, without regard to whether the work is done under public supervision or direction. It does not apply to work done directly by a public utility company under an order of a public authority. Whether this Project is a public work shall be determined by the City, and such determination shall be provided in writing to the Contractor before the opening of bids.

Worker wage rate. Contractor agrees, covenants, and guarantees that it and its subcontractor(s) constructing this Project, if a public work, shall pay their workers, other than maintenance workers, employed on this Project:

1. not less than the general prevailing rate of per diem wages for work of a similar character performed within the geographical limits of the City; and

2. not less than the general prevailing rate of per diem wages for legal holiday and overtime work.

"Worker employed on a public work" defined. A worker is employed on a public work for the purposes of this provision if the worker, including a laborer or mechanic, is employed by a contractor or subcontractor in the execution of a contract for a public work with the City, or any officer of the City, or the City Council of the City of Waco.

Determination of prevailing wage rate. The City Council of the City of Waco shall determine the general prevailing rate of per diem wages to be paid for each craft or type of worker needed to construct the Project by:

1. conducting a survey of the wages received by classes of workers employed on public works of a character similar to the contract work in the geographical limits of the City in which this public work is to be performed; or

2. using the prevailing wage rate as determined by the United States Department of Labor in accordance with the Davis-Bacon Act (40 U.S.C. Section 276a et seq.) if the survey used to determine that rate was conducted within a three-year period preceding the date the City Council of the City of Waco issues invitations for bids for this public work.

Sum certain of prevailing wage rate. The City Council shall determine the general prevailing rate of per diem wages as a sum certain, expressed in dollars and cents.

Wage rates incorporated in agreement and in invitation to bid. The prevailing wage rate to be paid for each craft or type of worker needed to construct the public work shall be specified in the invitation to bid for this Project and is incorporated by reference herein.

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Determination final. The City Council’s determination of the general prevailing rate of per diem wages is final.

Penalty. A contractor or subcontractor who violates this provision shall pay to the City sixty dollars ($60) for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the invitation to bid and this contract.