ESBD_407157_1743781421829_RFP 2025-028 Automated Range Targeting System - Reduced.pdf

REQUEST FOR PROPOSAL

RFP No. 2025-028 Automated Range Target System

Issue Date: April 7, 2025

Closing Date & Time: May 2, 2025, 2:00 P.M. CT

Opening Date & Time: May 2, 2025, 2:05 P.M. CT

For Information Contact:

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

Pre-Proposal Meeting:

7801 Steinbeck Bend Waco TX 76708 April 15, 2025, at 10:00 A.M.

RFP Opening Location:

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

Zoom & Dial-In Information:

Please see Page 3

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

Fax 254 / 750-8063 waco-texas.com

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RFP BOILER PLATE 01/2024

BONFIRE ELECTRONIC BIDDING

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

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

Register with the City of Waco.

Receive notifications for bids and services requests from the City.

Stay updated on changes, addendums, open solicitations.

Submit bids and proposals electronically.

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

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

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

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

MINORITY, WOMEN-OWNED BUSINESS ENTERPRISE (MWBE)

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

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

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ZOOM ACCESS INSTRUCTIONS & ADDITIONAL

INFORMATION

PRE-PROPOSAL

RFP NUMBER:

DATE:

TIME: CENTRAL

QUICK LINK:

MEETING ID:

DIAL IN NUMBER:

PASS CODE:

ADDITIONAL

INFORMATION:

Non- Mandatory On-Site 7801 Steinbeck Bend Waco, TX

PROPOSAL OPENING

RFP NUMBER:

DATE:

TIME: CENTRAL

QUICK LINK:

MEETING ID:

DIAL IN NUMBER:

PASS CODE:

ADDITIONAL

INFORMATION:

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TABLE OF CONTENTS

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

Appendices A. Pricing Forms

(1) Pricing Sheet

B. Contract Requirements

(1) City of Waco General Terms and Conditions

(2) Insurance & Indemnification Requirements

(3) Worker’s Compensation

(4) Wage Rates

(5) Sales Tax Information

(6) HB 89 Energy Form

(7) HB 89 Firearms Form

(8) HB 89 Israel Form

(9) HB1295 Information Sheet

(10) Foreign Terrorist Organization Form

(11) Protest Procedure

(12) Sample Contract

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

D. Range Information / Images See Section for Specific Documentation

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RFP No. 2025-028 Automated Range Target System

Please Register for Notification

REGISTER INTEREST

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

Company/Firm:

Name of Contact Person(s):

Email(s):

Telephone: Fax:

Mailing Address:

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

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

City of Waco Purchasing Services Post Office Box 2570

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

Fax 254 / 750-8063 waco-texas.com

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I. SCHEDULE FOR SOLICITATION COMPETITIVE SEALED

PROPOSAL

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

April 7, 2025

April 15, 2025

April 25, 2025

May 2, 2025

May 2, 2025

May 5 - May 9, 2025

Issuance of the RFP

Pre-Proposal On-Site Meeting 10:00 A.M.

Deadline for questions in 5:00 P.M.

Proposals due by 2:00 P.M.

Proposal Opening at 2:05 P.M.

Evaluation of submission

Interviews or Presentations may be conducted

Tentatively, the final selection decision will be made, and submitters will be notified of award by, June 3, 2025. This schedule is subject to change by the City.

II. CONTACT WITH CITY OF WACO

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

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

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

Official Address (if needed) - City of Waco Purchasing Services Attn: Christopher Hanchard, Purchasing Agent 1415 North 4th Street Waco, Texas 76707

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

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

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III. DEFINITIONS

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

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

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

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

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

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

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

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

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

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

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

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

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IV. REQUESTED SERVICES/PRODUCTS

A. Scope of Services / Specifications The City of Waco Police Department is seeking vendors to provide a turnkey targeting solution consisting of a system capable of rotating up to 30 targets. The system must allow for all targets to turn 180 degrees simultaneously, as well as for specified groups or individual targets to turn independently. The target system must be capable of securely holding standard cardboard target backers in a durable, weather-resistant frame that ensures stability during rotation. The system must also allow for the programming and execution of custom-created courses, enabling targets to turn at varying intervals based on preset sequences.

The system must support remote operation via at least one of the following: computer, laptop (e.g., Toughbook), tablet, or mobile device. Full installation and setup of the system, including all required software and updates, must be included. As the system will be outdoors at all times, it must be built to withstand extreme temperatures, rain, wind, and other environmental conditions typical of Central Texas to ensure reliable long-term operation.

A digital version of this document can be obtained from the City of Waco’s Bonfire portal at waco-texas.bonfirehub.com/login or the City of Waco Website at waco-texas.com/bids.

B. Terms Conditions & Requirements

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

Requirements.

C. Duration of Services The City intends to finalize the vendor selection process and award the contract to allow for the scheduling of services and installation during the final two weeks of July. Vendors shall plan for complete delivery, installation, configuration, testing, and operational readiness of the turnkey target system during this period. This specific timeframe is designated to minimize disruptions to regular training activities and ensure seamless integration of the new system into routine operations.

Vendors must ensure the full scope of work, including software setup, updates, and all necessary components, is completed and fully functional within this window to meet the operational requirements of the City of Waco Police Department.

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D. Reservations by City:

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

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

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

(b) Extend the solicitation closing time and date.

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

(d) Procure any item by other allowable means.

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

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

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

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V. REQUEST FOR PROPOSALS – SUBMISSION AND AWARD

PROCEDURES

A. Requirements

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

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

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

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

(b) A brief company history.

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

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

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

(f) Certificate showing current insurance coverage.

(g) Pricing/Cost Information – Pricing Forms

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

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

(i) List of Proposer’s and Subcontractors’ experience on projects completed in McLennan County (include value of project and the owner’s phone and email contact information)

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

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

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

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

B. Completeness of Submission

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

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(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 May 2, 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: Christopher Hanchard, Purchasing Agent 1415 North 4th Street Waco, Texas 76707

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

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

“RFP 2025-028, AUTOMATED RANGE TARGET SYSTEM”

Proposals will be opened at 2:05 P.M. (Central Time) on May 2, 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 email or personal delivery to Purchasing Agent identified earlier in this document. The written modification must be received by the City prior to the closing time.

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(3) If the modification is submitted through an electronic transmission (fax or email), the City must receive an original of the modification document signed by the proposer and submitted to a delivery company (UPS, FedEx, etc.) prior to the proposal closing time. If the original of the modification was not submitted to a delivery company prior to the closing time or is not received within three (3) days after the closing time of the bid, consideration will not be given to the modifications provided in the electronic transmission.

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

E. Submission Validity Period

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

F. Cost to Develop Submission

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

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

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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 60 The proposed duration; 10 Experience with projects of similar size and type (Contractor, Subcontractors):

Product Durability 10 Proposer’s reputation (Contractor and Subcontractors): 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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(1) Pricing Sheet

APPENDIX A

Pricing Form

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RFP 2025-028 AUTOMATED RANGE TARGET SYSTEM

PRICING SHEET

Pricing Proposal

Description Quantity Unit Price ($) Total Price ($)

1 Lot

Description Quantity Unit Price ($) Total Price ($)

Extended Warranty (specify years) 1 Lot Scheduled Maintenance Package 1 Year Extra Rugged Control Tablet (e.g., Toughbook) 1 Unit Future Expansion Capability (Additional Targets) Per Unit

Total Bid Price (Base + Selected Options)

Line Item No.

1A

Optional Add-On Items (If Available)

Add-On No.

1B 2B 3B 4B

Vendor Information Company Name

Contact Name Phone Number Email Address

Address

Vendor Notes & Exceptions (if any) (Attach pages as needed.)

Turnkey Target System – Includes hardware for up to 30 rotating targets, durable weather-resistant target frames, control system with remote operation capability, custom course programming, full installation, system configuration, and software setup.

APPENDIX B

Contract Requirements

(1) City of Waco General Terms and Conditions

(2) Insurance & Indemnification Requirements

(3) Worker’s Compensation

(4) Wage Rates

(5) Sales Tax Information

(6) HB 89 Energy Form

(7) HB 89 Firearms Form

(8) HB 89 Israel Form

(9) House Bill 1295 Information Sheet

(10) Foreign Terrorist Organization Form

(11) Protest Procedure

(12) Sample Contract

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APPENDIX B.(1)

General Waco Terms and Conditions

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

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

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

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

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

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

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

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

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

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

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

RFP 2025-028 Automated Range Target System Page 17 of 78 claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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City of Waco 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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"REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary of Labor | WAGE AND HOUR DIVISION

| WASHINGTON D.C. 20210

| Wage Determination No.: 2015-5261 Daniel W. Simms Division of | Revision No.: 25 Director Wage Determinations| Date Of Last Revision: 12/23/2024

Note: Contracts subject to the Service Contract Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658.

|If the contract is entered into on or |Executive Order 14026 generally applies to |after January 30, 2022, or the |the contract.

|contract is renewed or extended (e.g., |The contractor must pay all covered workers |an option is exercised) on or after |at least $17.75 per hour (or the applicable |January 30, 2022: |wage rate listed on this wage determination,| | |if it is higher) for all hours spent | |performing on the contract in 2025.

|If the contract was awarded on or |Executive Order 13658 generally applies to |between January 1, 2015 and January 29,|the contract.

|2022, and the contract is not renewed |The contractor must pay all covered workers |or extended on or after January 30, |at least $13.30 per hour (or the applicable |2022: |wage rate listed on this wage determination,| | |if it is higher) for all hours spent | |performing on the contract in 2025.

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The applicable Executive Order minimum wage rate will be adjusted annually.

Additional information on contractor requirements and worker protections under the Executive Orders is available at www.dol.gov/whd/govcontracts.

State: Texas

Area: Texas Counties of Falls, McLennan

**Fringe Benefits Required Follow the Occupational Listing**

OCCUPATION CODE - TITLE FOOTNOTE RATE

01000 - Administrative Support And Clerical Occupations 01011 - Accounting Clerk I 15.98*** 01012 - Accounting Clerk II 17.93 01013 - Accounting Clerk III 20.06 01020 - Administrative Assistant 28.48 01035 - Court Reporter 20.30 01041 - Customer Service Representative I 13.96*** 01042 - Customer Service Representative II 15.23*** 01043 - Customer Service Representative III 17.09*** 01051 - Data Entry Operator I 15.33*** 01052 - Data Entry Operator II 16.73*** 01060 - Dispatcher, Motor Vehicle 18.65 01070 - Document Preparation Clerk 16.73*** 01090 - Duplicating Machine Operator 16.73*** 01111 - General Clerk I 14.98*** 01112 - General Clerk II 16.35*** 01113 - General Clerk III 18.35 01120 - Housing Referral Assistant 22.64 01141 - Messenger Courier 15.38*** 01191 - Order Clerk I 17.79 01192 - Order Clerk II 19.41 01261 - Personnel Assistant (Employment) I 18.07 01262 - Personnel Assistant (Employment) II 20.21 01263 - Personnel Assistant (Employment) III 22.54 01270 - Production Control Clerk 22.66 01290 - Rental Clerk 16.09*** 01300 - Scheduler, Maintenance 18.15 01311 - Secretary I 18.15 01312 - Secretary II 20.30 01313 - Secretary III 22.64 01320 - Service Order Dispatcher 16.67*** 01410 - Supply Technician 28.48

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01420 - Survey Worker 17.75 01460 - Switchboard Operator/Receptionist 14.64*** 01531 - Travel Clerk I 16.05*** 01532 - Travel Clerk II 17.59*** 01533 - Travel Clerk III 19.05 01611 - Word Processor I 16.17*** 01612 - Word Processor II 18.15 01613 - Word Processor III 20.30 05000 - Automotive Service Occupations 05005 - Automobile Body Repairer, Fiberglass 22.04 05010 - Automotive Electrician 20.38 05040 - Automotive Glass Installer 19.07 05070 - Automotive Worker 19.07 05110 - Mobile Equipment Servicer 16.42*** 05130 - Motor Equipment Metal Mechanic 21.71 05160 - Motor Equipment Metal Worker 19.07 05190 - Motor Vehicle Mechanic 21.71 05220 - Motor Vehicle Mechanic Helper 15.09*** 05250 - Motor Vehicle Upholstery Worker 17.72*** 05280 - Motor Vehicle Wrecker 19.07 05310 - Painter, Automotive 20.38 05340 - Radiator Repair Specialist 19.07 05370 - Tire Repairer 16.35*** 05400 - Transmission Repair Specialist 21.71 07000 - Food Preparation And Service Occupations 07010 - Baker 13.61*** 07041 - Cook I 13.86*** 07042 - Cook II 16.09*** 07070 - Dishwasher 12.48*** 07130 - Food Service Worker 13.69*** 07210 - Meat Cutter 18.33 07260 - Waiter/Waitress 11.00*** 09000 - Furniture Maintenance And Repair Occupations 09010 - Electrostatic Spray Painter 20.61 09040 - Furniture Handler 12.55*** 09080 - Furniture Refinisher 20.61 09090 - Furniture Refinisher Helper 15.26*** 09110 - Furniture Repairer, Minor 17.93 09130 - Upholsterer 20.61 11000 - General Services And Support Occupations 11030 - Cleaner, Vehicles 13.12*** 11060 - Elevator Operator 14.00*** 11090 - Gardener 21.21 11122 - Housekeeping Aide 14.00*** 11150 - Janitor 14.00*** 11210 - Laborer, Grounds Maintenance 16.03*** 11240 - Maid or Houseman 12.23*** 11260 - Pruner 14.20*** 11270 - Tractor Operator 19.49 11330 - Trail Maintenance Worker 16.03***

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11360 - Window Cleaner 15.81*** 12000 - Health Occupations 12010 - Ambulance Driver 20.76 12011 - Breath Alcohol Technician 23.63 12012 - Certified Occupational Therapist Assistant 35.39 12015 - Certified Physical Therapist Assistant 35.26 12020 - Dental Assistant 18.12 12025 - Dental Hygienist 39.72 12030 - EKG Technician 31.46 12035 - Electroneurodiagnostic Technologist 31.46 12040 - Emergency Medical Technician 20.76 12071 - Licensed Practical Nurse I 21.13 12072 - Licensed Practical Nurse II 23.63 12073 - Licensed Practical Nurse III 26.35 12100 - Medical Assistant 17.52*** 12130 - Medical Laboratory Technician 25.74 12160 - Medical Record Clerk 18.18 12190 - Medical Record Technician 20.33 12195 - Medical Transcriptionist 19.21 12210 - Nuclear Medicine Technologist 51.94 12221 - Nursing Assistant I 12.84*** 12222 - Nursing Assistant II 14.45*** 12223 - Nursing Assistant III 15.77*** 12224 - Nursing Assistant IV 17.70*** 12235 - Optical Dispenser 15.75*** 12236 - Optical Technician 21.13 12250 - Pharmacy Technician 19.25 12280 - Phlebotomist 18.37 12305 - Radiologic Technologist 31.16 12311 - Registered Nurse I 25.91 12312 - Registered Nurse II 31.69 12313 - Registered Nurse II, Specialist 31.69 12314 - Registered Nurse III 38.34 12315 - Registered Nurse III, Anesthetist 38.34 12316 - Registered Nurse IV 45.95 12317 - Scheduler (Drug and Alcohol Testing) 29.28 12320 - Substance Abuse Treatment Counselor 27.67 13000 - Information And Arts Occupations 13011 - Exhibits Specialist I 21.38 13012 - Exhibits Specialist II 26.49 13013 - Exhibits Specialist III 32.41 13041 - Illustrator I 21.38 13042 - Illustrator II 26.49 13043 - Illustrator III 32.41 13047 - Librarian 29.34 13050 - Library Aide/Clerk 13.14*** 13054 - Library Information Technology Systems 26.49 Administrator 13058 - Library Technician 21.04 13061 - Media Specialist I 19.12

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13062 - Media Specialist II 21.38 13063 - Media Specialist III 23.85 13071 - Photographer I 19.12 13072 - Photographer II 21.38 13073 - Photographer III 26.49 13074 - Photographer IV 32.41 13075 - Photographer V 39.21 13090 - Technical Order Library Clerk 16.49*** 13110 - Video Teleconference Technician 20.33 14000 - Information Technology Occupations 14041 - Computer Operator I 18.81 14042 - Computer Operator II 21.04 14043 - Computer Operator III 23.45 14044 - Computer Operator IV 26.07 14045 - Computer Operator V 28.87 14071 - Computer Programmer I (see 1) 22.13 14072 - Computer Programmer II (see 1) 27.40 14073 - Computer Programmer III (see 1) 14074 - Computer Programmer IV (see 1) 14101 - Computer Systems Analyst I (see 1) 14102 - Computer Systems Analyst II (see 1) 14103 - Computer Systems Analyst III (see 1) 14150 - Peripheral Equipment Operator 18.81 14160 - Personal Computer Support Technician 26.07 14170 - System Support Specialist 32.77 15000 - Instructional Occupations 15010 - Aircrew Training Devices Instructor (Non-Rated) 31.96 15020 - Aircrew Training Devices Instructor (Rated) 38.67 15030 - Air Crew Training Devices Instructor (Pilot) 46.36 15050 - Computer Based Training Specialist / Instructor 31.96 15060 - Educational Technologist 31.55 15070 - Flight Instructor (Pilot) 46.36 15080 - Graphic Artist 23.00 15085 - Maintenance Test Pilot, Fixed, Jet/Prop 46.36 15086 - Maintenance Test Pilot, Rotary Wing 46.36 15088 - Non-Maintenance Test/Co-Pilot 46.36 15090 - Technical Instructor 23.85 15095 - Technical Instructor/Course Developer 29.18 15110 - Test Proctor 19.37 15120 - Tutor 19.37 16000 - Laundry, Dry-Cleaning, Pressing And Related Occupations 16010 - Assembler 10.46*** 16030 - Counter Attendant 10.46*** 16040 - Dry Cleaner 14.15*** 16070 - Finisher, Flatwork, Machine 10.46*** 16090 - Presser, Hand 10.46*** 16110 - Presser, Machine, Drycleaning 10.46*** 16130 - Presser, Machine, Shirts 10.46*** 16160 - Presser, Machine, Wearing Apparel, Laundry 10.46*** 16190 - Sewing Machine Operator 15.42***

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16220 - Tailor 16.65*** 16250 - Washer, Machine 11.67*** 19000 - Machine Tool Operation And Repair Occupations 19010 - Machine-Tool Operator (Tool Room) 23.13 19040 - Tool And Die Maker 29.38 21000 - Materials Handling And Packing Occupations 21020 - Forklift Operator 17.80 21030 - Material Coordinator 22.66 21040 - Material Expediter 22.66 21050 - Material Handling Laborer 16.70*** 21071 - Order Filler 17.03*** 21080 - Production Line Worker (Food Processing) 17.80 21110 - Shipping Packer 16.96*** 21130 - Shipping/Receiving Clerk 16.96*** 21140 - Store Worker I 11.63*** 21150 - Stock Clerk 16.61*** 21210 - Tools And Parts Attendant 17.80 21410 - Warehouse Specialist 17.80 23000 - Mechanics And Maintenance And Repair Occupations 23010 - Aerospace Structural Welder 33.99 23019 - Aircraft Logs and Records Technician 26.11 23021 - Aircraft Mechanic I 31.99 23022 - Aircraft Mechanic II 33.99 23023 - Aircraft Mechanic III 36.08 23040 - Aircraft Mechanic Helper 22.23 23050 - Aircraft, Painter 30.04 23060 - Aircraft Servicer 26.11 23070 - Aircraft Survival Flight Equipment Technician 30.04 23080 - Aircraft Worker 28.09 23091 - Aircrew Life Support Equipment (ALSE) Mechanic 28.09 I 23092 - Aircrew Life Support Equipment (ALSE) Mechanic 31.99

II

23110 - Appliance Mechanic 23.13 23120 - Bicycle Repairer 18.64 23125 - Cable Splicer 33.69 23130 - Carpenter, Maintenance 21.15 23140 - Carpet Layer 21.64 23160 - Electrician, Maintenance 24.28 23181 - Electronics Technician Maintenance I 30.80 23182 - Electronics Technician Maintenance II 32.93 23183 - Electronics Technician Maintenance III 35.07 23260 - Fabric Worker 20.11 23290 - Fire Alarm System Mechanic 24.57 23310 - Fire Extinguisher Repairer 18.64 23311 - Fuel Distribution System Mechanic 26.79 23312 - Fuel Distribution System Operator 20.27 23370 - General Maintenance Worker 18.56 23380 - Ground Support Equipment Mechanic 31.99 23381 - Ground Support Equipment Servicer 26.11

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23382 - Ground Support Equipment Worker 28.09 23391 - Gunsmith I 18.64 23392 - Gunsmith II 21.64 23393 - Gunsmith III 24.64 23410 - Heating, Ventilation And Air-Conditioning 22.94 Mechanic 23411 - Heating, Ventilation And Air Contidioning 24.37 Mechanic (Research Facility) 23430 - Heavy Equipment Mechanic 23.99 23440 - Heavy Equipment Operator 21.63 23460 - Instrument Mechanic 24.64 23465 - Laboratory/Shelter Mechanic 23.13 23470 - Laborer 16.70*** 23510 - Locksmith 23.13 23530 - Machinery Maintenance Mechanic 24.15 23550 - Machinist, Maintenance 21.94 23580 - Maintenance Trades Helper 15.34*** 23591 - Metrology Technician I 24.64 23592 - Metrology Technician II 26.18 23593 - Metrology Technician III 27.79 23640 - Millwright 24.68 23710 - Office Appliance Repairer 22.63 23760 - Painter, Maintenance 20.12 23790 - Pipefitter, Maintenance 26.38 23810 - Plumber, Maintenance 24.77 23820 - Pneudraulic Systems Mechanic 24.64 23850 - Rigger 24.64 23870 - Scale Mechanic 21.64 23890 - Sheet-Metal Worker, Maintenance 22.46 23910 - Small Engine Mechanic 21.64 23931 - Telecommunications Mechanic I 26.72 23932 - Telecommunications Mechanic II 32.26 23950 - Telephone Lineman 25.92 23960 - Welder, Combination, Maintenance 21.85 23965 - Well Driller 24.64 23970 - Woodcraft Worker 24.64 23980 - Woodworker 18.64 24000 - Personal Needs Occupations 24550 - Case Manager 17.85 24570 - Child Care Attendant 11.65*** 24580 - Child Care Center Clerk 14.53*** 24610 - Chore Aide 11.01*** 24620 - Family Readiness And Support Services 17.85 Coordinator 24630 - Homemaker 17.85 25000 - Plant And System Operations Occupations 25010 - Boiler Tender 21.57 25040 - Sewage Plant Operator 20.70 25070 - Stationary Engineer 21.57 25190 - Ventilation Equipment Tender 15.00***

RFP…