ESBD_452984_1757688706208_RFP 2025-065 Proposal Package.pdf

City of Waco, Texas

Request for Proposal

RFP # 2025-065

Food and Beverage Services at Waco Regional Airport - 2

Issue Date: September 12, 2025 All Questions Due: October 10, 2025

Bid Closing Date & Time: October 16, 2025 at 2:00 P.M. CST Bid Opening Date & Time: October 16, 2025 at 2:01 P.M. CST

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

Non-Mandatory Pre-Proposal Meeting: Thursday, September 25, 2025 at 2:00 P.M.

at the Waco Regional Airport, 7909 Karl May Dr., Waco, TX 76708

RFP Opening Location: Purchasing Services Office, 1415 N. 4th St., Waco, TX 76707 Via Zoom Video Conferencing Only: See Page 3

Purchasing Services P.O. Box 2570

Waco, TX 76702-2570 Phone: (254) 750-8060

Fax: (254) 750-8063

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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 2025-065 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

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TABLE OF CONTENTS

Register Interest Form

I. Schedule for Solicitation II. Contact with City of Waco III. Definitions IV. Requested Services V. Statement of Qualifications

VI. Evaluation of Submittals & Award of Contract

Appendices

A. Scope of Services

(1) About Waco Regional Airport

(2) Detailed Scope of Services

(3) Restaurant Space Details

(4) Rental Structure

B. Contract Requirements

(1) City of Waco General Terms and Conditions

(2) Additional Terms for Services

(3) Insurance & Indemnification Requirements

(4) Sales Tax Information

(5) House Bill 89 Energy Form

(6) House Bill 89 Gun Form

(7) House Bill 89 Israel Form

(8) HB1295 Information Sheet

(9) Foreign Terrorist Organization Form

(10) Protest Procedure

C. Forms to Complete and Return

(1) Submission of Proposal and Acknowledgement 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

(6) Litigation Disclosure

(7) Certification Regarding Debarment

(8) Non-collusion Affidavit

(9) Resident Certification

(10) Texas Public Information Act

(11) Drug Free Workplace

(12) W-9 Form

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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.

Issuance of the RFP Pre-Submission Meeting Deadline for questions in 5:00 p.m.

Proposals due by 2:00 p.m.

Evaluation of submission

September 12, 2025 September 25, 2025 October 10, 2025 October 16, 2025 October / November

Tentatively, the final selection decision will be made, and submitters will be notified of the award by October / November, 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

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

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

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 https://waco-texas.bonfirehub.com/login or the City of Waco Website at http://www.waco-texas.com/bids.asp. Interested professional service providers are encouraged to return the Register Interest form on the previous page.

Waco Regional Airport

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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 interest 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.

5. “RFP” means and refers to the submission sent to the City of Waco by the selected firm.

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” include 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

A. Scope of Services

The City of Waco has issued this solicitation for the Waco Regional Airport, owned and operated by the City of Waco. The Airport is seeking vendor(s) to provide food and beverage services within an existing restaurant and kitchen space in the terminal, located at 7909 Karl May Drive, Waco, TX 76708. A detailed scope of services and specifications of restaurant space are included as Appendices.

A detailed scope or services are attached as Appendix A.

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

B. Terms, Conditions, and Requirements

In addition to the specifications for the project, the attached Appendices include the City’s contract requirements.

C. Duration of Service

If awarded this RFP, the resulting contract will be for a period of 36 months from the date of contract execution, with the possibility to extend the contract for two (2) additional twelve-month terms at the City’s option. Applicants may request terms greater than 36 months, up to 120 months, during the contract negotiation phase.

D. Reservations by the City

The City of Waco reserves the right to reject any and all submittals. This issuance of the 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 response 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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IV. Request for Proposals – Submission and Award Procedures

A. Requirements

1. Qualified firms should submit their proposals through the City of Waco’s Bonfire portal at https://waco-texas.bonfirehub.com/login. Paper/Physical proposals will still be accepted but must include one (1) electronic copy (CD or Flash Drive) and (1) original and four (4) copies of their proposals 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. A brief company history

b. Completed and signed copies of forms included in Appendices

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

d. Information on the proposer’s current workload and ability to complete the project.

e. The City reserves the right to request that a proposer provide references during the evaluation process.

f. Certificate showing current insurance coverage.

2. Pricing/Cost Information:

a. 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. C. Response Date and Location: Proposers are responsible for examining and being familiar with all specifications, drawings, standard provisions, instructions, and terms and conditions of the solicitation and their responses.

2. The proposer must attach all required forms with each submission copy. Forms must be signed by a representative of the proposer authorized to bind the proposer contractually.

The proposer must include a statement identifying any exceptions to this RFP or declare that there are no exceptions taken to the RFP.

Responses to this solicitation must be received by 2:00 p.m. (Central Time) on October 16, 2025. The City prefers that vendors use the new Bonfire portal at https://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

RFP 2025-065 Page 8 https://waco-texas.bonfirehub.com/login https://waco-texas.bonfirehub.com/login 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:

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-2025-065, Food and Beverage Services Waco Regional Airport - 2” Opening: 2:01 P.M. CST on October 16, 2025

Proposers accept all risk of late delivery submissions 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 proposal submitted by facsimile transmission (fax) of 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 Purchase contact person at the address previously stated. To modify a submission prior to the submission deadline:

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

2. The written modification may be submitted by electronic transmission (fax or email) or personal delivery to Purchasing Agent identified earlier in this document. The written modification must be received by the City prior to the closing time.

3. If the modification is submitted through an electronic transmission (fax or email), the City must receive an original copy 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

RFP 2025-065 Page 9 proposal, 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 proposer 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 RFB signifies the vendor's agreement that the submission, and the content thereof, are valid for ninety (90) days following the submission deadline unless otherwise agreed to in writing by all parties. The submission may become part of the contract that is negotiated between the City and the successful proposer.

F. Cost to Develop Submission

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

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

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

I. Evaluation Criteria The following criteria will be used to evaluate the submittals (scoring points available): Vendors are cautioned not to minimize the importance of an adequate response in any area because it carries less weight than other areas. Submission of a proposal by a vendor will be judged as acceptance of the evaluation process and that a final decision will be made in the best interest of the Waco-McLennan County Health District. Note that the scoring is for evaluation purposes only and the highest score does not automatically determine vendor selection. The evaluation

RFP 2025-065 Page 10 committee will open and review the proposals in confidence. Proposals will be available to the public after the contract is awarded.

The proposals included in the RFP will be examined and included in the discussions for a final decision.

Food and Beverage Services Scoring Points Available Proposed Business Plan (to include operating hours) 20 Marketing Plans 15 Proposed Concepts and Menus 30 Experience & Qualifications 10 Management & Operations 25

Total Available Points: 100

J. Best and Final Negotiations

Several of the highest scoring companies may be contacted to provide best and final rates or plan designs. After the negotiations have been completed, companies will be ranked by the Review Committee on a scale using the following criteria:

• Best & Final Presentation (35 pts)

• Prior Scoring (25 pts)

• Experience & Qualifications (20 pts)

• Marketing/Proposed Concepts (20 pts)

K. 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.

The final contract must be awarded and approved by the Waco City Council if the amount of the contract exceeds $100,000.00. If the contract is for less than that amount, depending on the amount, the contract may be executed by the City Manager, an Assistant City Manager, department head or director.

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Appendix A

Scope of Services

1. About Waco Regional Airport

2. Detailed Scope of Services

3. Restaurant Space Details

4. Rental Structure

RFP 2025-065 Page 12

1. About Waco Regional Airport Waco Regional Airport (ACT) is classified by the FAA as a small non-hub, commercial service airport.

ACT is serviced by one fixed-base operator (FBO), Texas Aero, which provides charter services, fueling, repairs, and more. Commercial operations consist of a single route flown 2-5 times a day to and from Dallas Fort Worth Airport provided by Envoy Air, a subsidiary of American Airlines. ACT has received approximately 115,000 total passengers, including enplanements and deplanements in the past year. The airport property is also home to 15 businesses making up over 200 daily on-site employees.

ACT is the process of implementing a terminal modernization project, that includes the renovation of all interior terminal facilities. A key element of the project is the refreshing of the previous restaurant area.

This space, located in the pre-security area of the terminal lobby, will not require passengers or local patrons to pass through any security checkpoints before dining. ACT offers complimentary parking to guests visiting the restaurant and traveling.

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2. Scope of Services The City is looking for a restauranteur to offer services including, but not limited to, breakfast, lunch, dinner, and small snack items with hours corresponding to daily flight schedule. Flights range from 3-6 flights a day, typically beginning at 6am with the last flight departing at 7pm. Alcohol may be provided with proper licensing. It is anticipated that the new concession areas will be open for business on or about December 1, 2023. The City is seeking an operator to develop the new program as follows:

1. Restaurant – serves passengers and locals breakfast, beginning at 5am, lunch and dinner, until at least 8pm, with both sit down and to-go options, as well as options for nonalcoholic/alcoholic beverages.

2. Vending Machines – located on both pre-screening and post-screening areas and stocked with a variety of beverages, candy, and snack items.

3. Food and Beverage Services Beyond Security Checkpoint – applicants will propose food and beverage solutions to serve passengers waiting in gate areas beyond security checkpoint via mobile station or similar solution.

3. Restaurant Space ACT offers (1) pre-security food and beverage space, which will include kitchen (420sq.ft), serving (283sq.ft) and dining area (913sq.ft).

The City will offer a Tenant Improvement (TI) allowance at a rate of $4 x total square footage of space (1616 sq. ft) x the number of years of term. For example, a firm signing a 3-year contract will be allowed a $19,392 improvement allowance. Any amount exceeding this allowance will be the financial responsibility of the selected firm. Proposed updates for restaurant space must be presented in writing and obtain written approval in advance by ACT.

It should be noted that restaurant services will operate in a public area open to passengers and the general public. To comply with federal security regulations, food purchased in restaurant will be allowed in gate area, but will be subject to security screening. Any beverages purchased from the restaurant will not be allowed through security.

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4. Rental Structure Term - The opening date of restaurant and concession areas is negotiable between the date the contract is signed and no later than February 1, 2026 (unless negotiated for a different date) for the agreed duration of the contract. The length of the lease will be for a period of 36 months from the date of contract execution, with the possibility to extend the contract for two (2) additional twelve-month terms at the City’s option. Applicants may request terms greater than 36 months, up to 120 months, during the contract negotiation phase.

Rent – Successful Proposer will pay the higher of either 10% of total monthly gross sales (shown by appropriately detailed statement) or a flat monthly rate of $900/month for lease of all contracted services at ACT. Such rental shall be paid on or before the tenth (10th) day of each calendar month. (First rental payment due on the 10th day of the second month.) In addition to the monthly rental installments, Concessionaire promises to pay a late charge at the rate of ten percent (10%) of the monthly rental for each month or portion of the month that any monthly installment is past due, and a separate computation and payment of such late charge shall be made for each monthly installment that is past due so that if two monthly installments are past due, then two separate late charges shall accrue and so on.

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DaryleB Highlight

DaryleB Highlight

APPENDIXB

Contract Requirements

(1) City of Waco General Terms and Conditions

(2) Additional Terms for Service

(3) Insurance and Indemnification Requirements

(4) Sales Tax Information

(5) HB 89 Energy Form

(6) HB 89 Firearms Form

(7) HB 89 Israel Form

(8) House Bill 1295 Information Sheet

(9) Foreign Terrorist Organization Form

(10) Protest Procedure

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RFP 2025-065 Page 22 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 Insurance & Indemnification Requirements Basic with Liquor

Insurance Requirements:

A contractor’s financial integrity is of interest to the City. Therefore, subject to a contractor’s right to maintain reasonable deductibles, a contractor shall obtain and maintain in full force and effect for the duration of the contract, and any extension hereof, at contractor’s sole expense, insurance coverage written on an occurrence basis by companies authorized to do business in the State of Texas that are rated A- or better by A.M. Best Company and/or otherwise acceptable to the City in the following types and amounts:

Type Amount

Workers' Compensation Statutory

Employer’s Liability $1,000,000/$1,000,000/$1,000,000

Commercial General Liability Including:

• Premises/Operations

• Independent Contractors

• Products Liability/Completed Operations

• Personal & Advertising Injury

• Broad form property damage, to include fire legal liability

• Include Liquor Liability

$1,000,000 per occurrence; $2,000,000 General Aggregate, or its equivalent in Umbrella or Excess Liability Coverage

Business Automobile Liability

a. Owned/leased vehicles

b. Non-owned vehicles

c. Hired vehicles

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

Modification of Insurance Requirement: The City reserves the right to review these insurance requirements during the effective period of the contract and any extension or renewal hereof and to modify insurance coverages and their limits when deemed necessary and prudent by City’s Risk Manager or designee, based upon changes in statutory law, court decisions, or circumstances surrounding this contract.

Proof of Insurance Required and When to Submit:

Examination & Approval. All insurance policies shall be subject to the examination and approval of the City for their adequacy as to form and content, form of protection, and financial status of insurance company.

When to Submit. Prior to the execution of the contract by the City of Waco and before commencement of any work under this contract, a contractor shall furnish proof of insurance to the City’s Risk Manager which is clearly labeled with the contract name and City department. The proof will include completed/current Certificate(s) of Insurance, endorsements, exclusions, and/or relevant extracts from the insurance policy, or copies of policies. Thereafter, new certificates, RFP 2025-065 Page 24 policy endorsements, exclusions, and/or relevant extracts from insurance policies, or policies shall be provided prior to the expiration date of any prior certificate, endorsement, or policy. No officer or employee other than the City’s Risk Manager or designee shall have authority to waive this requirement.

Additional Insured. Except for Workers’ Compensation and Employers’ Liability, the City, its elected officials, officers, servants, agents, volunteers and employees shall be named as additional insureds. No officer or employee, other than the City Risk Manager or designee, shall have authority to waive this requirement.

Other-Insurance Endorsement -- All insurance policies are to contain or be endorsed to state that an “Other Insurance” clause shall not apply to the City where the City is an additional insured shown on the policy.

Agent Information. The certificate(s) or other proof of insurance must be completed by the broker of record and must be signed and include the agent information including the agent name, title and phone number. The proof of insurance shall be sent directly from the insurance agent to the City’s Risk Management Office by U.S. Postal Service to City of Waco, ATTN: Risk Manager, P.O.

Box 2570, Waco, Texas 76702-2570 or by delivery service to 1415 North 4th Street, Waco, Texas 76707. To send by email, please contact the Risk Management Office at 254-750-5730 to obtain the email address.

Precondition to Performance & Basis for Termination. The City shall have no duty to pay or perform under the contract until such certificate(s), policy endorsements, exclusions, and/or relevant extracts from the insurance policy have been delivered to and approved by the City’s Risk Manager. The contractor understands that it is the contractor’s sole responsibility to provide this necessary information to the City and that failure to timely comply with these insurance requirements shall be a cause for termination of a contract. If the City determines that it will deny payment, not perform, or terminate the contract because of the failure to provide certain information or documents, the City shall give the contractor notice of that determination and allow contractor fifteen (15) days to correct the deficiency.

Waiver of Subrogation. All liability policies will provide a waiver of subrogation in favor of the City.

Notice of Cancellation, Non-renewal, Material Change. The Contractor shall provide written notification to the City of the cancellation, non-renewal, or material change of any insurance required herein. The Contractor shall provide such written notice within five (5) business days of the date the Contractor is first aware of the cancellation, non-renewal, or material change, or is first aware that the cancellation, non-renewal, or material change is threatened or otherwise may occur, whichever comes first. Contractor shall provide the City with a replacement certificate(s) of insurance, policy endorsements, exclusions, and/or relevant extracts from the insurance policy either before the cancellation, non-renewal, or material change is effective, if it knew in advance of such, or within ten (10) business days of first learning of the cancellation, non-renewal, or change if it did not learn of that such action in advance.

INDEMNIFICATION.

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A CONTRACTOR EXECUTING A CONTRACT WITH THE CITY AGREES TO ASSUME

FULL RESPONSIBILITY AND LIABILITY FOR THE SERVICES RENDERED PURSUANT TO

THE CONTRACT AND AGREES TO INDEMNIFY, PROTECT, DEFEND, AND HOLD

HARMLESS THE CITY, ITS EMPLOYEES, AGENTS, AND SERVANTS, OF AND FROM

ALL CLAIMS, DEMANDS, AND CAUSES OF ACTIONS OF EVERY KIND AND

CHARACTER, INCLUDING THE COST OF DEFENSE THEREOF, FOR ANY INJURY TO,

INCLUDING DEATH OF, PERSONS AND ANY LOSSES FOR DAMAGES TO PROPERTY

CAUSED BY OR ALLEGED TO BE CAUSED, ARISING OUT OF, OR ALLEGED TO ARISE

OUT OF, EITHER DIRECTLY OR INDIRECTLY, OR IN CONNECTION WITH, THE

SERVICES TO BE RENDERED HEREUNDER, WHETHER OR NOT SAID CLAIMS,

DEMANDS, CAUSES OF ACTIONS ARE CAUSED BY CONCURRENT NEGLIGENCE OF

THE CITY AND A PARTY TO THIS AGREEMENT, OR WHETHER IT WAS CAUSED BY

CONCURRENT NEGLIGENCE OF THE CITY AND SOME OTHER THIRD PARTY.

Employee Litigation: In any and all claims against any party indemnified hereunder by any employee (or the survivor or personal representative of such employee) of the contractor, any subcontractor, any supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the work, or anyone for whose acts any of them may be liable, the indemnification obligation herein shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for contractor or any such subcontractor, supplier, or other individual or entity under workers’ compensation or other employee benefit acts.

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VERIFICATION REQUIRED BY TEXAS GOVERNMENT CODE SECTION 2276.001-002

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

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

By signing below, Company hereby verifies the following:

1. Company does not boycott energy companies; and

2. Company will not boycott energy companies during the term of the contract.

PRINT COMPANY NAME:

SIGNED BY:

Print Name & Title:

Date Signed:

The following definitions apply to this state statute:

(1) "Boycott energy company" means without an ordinary business purpose, refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations with a company because the company:

(A) engages in the exploration, production, utilization, transportation, sale, or manufacturing of fossil fuel-based energy and does not commit or pledge to meet environmental standards beyond applicable federal and state law; or (B) does business with a company described by Paragraph (A); and

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

RFP 2025-065 Page 30

ATTACHMENT A

VERIFICATION REQUIRED BY TEXAS GOVERNMENT CODE SECTION 2276.001-002

By signing below, Contractor hereby verifies that Section 2276.001-002 does not apply to this contract due to the following (check all that apply):

☐ Contractor is a sole proprietor; or

☐ Contractor has less than 10 full-time employees; or

☐ Contract value is for less than $100,000.00.

PRINT COMPANY NAME:

SIGNED BY:

Print Name & Title:

Date Signed:

RFP 2025-065 Page 31

VERIFICATION REQUIRED BY TEXAS GOVERNMENT CODE SECTION 2274.002

through purchase orders) involving goods or services: (1) between a government entity and a

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

By signing below, Company hereby verifies the following:

1. Company does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and

2. Company will not discriminate during the term of the contract against a firearm entity or firearm trade association.

PRINT COMPANY NAME:

SIGNED BY:

Print Name & Title:

Date Signed:

The following definitions apply to this state statute:

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

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

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

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

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

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

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

(B) does not include:

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

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

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

RFP 2025-065 Page 32 by a regulatory agency; or

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

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

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

(6) "Firearm entity" means:

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

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

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

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

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

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

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

RFP 2025-065 Page 33

VERIFICATION REQUIRED BY TEXAS GOVERNMENT CODE SECTION 2274.002

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

☐ Contractor is a sole proprietor; or

☐ Contractor has less than 10 full-time employees; or

☐ Contract value is for less than $100,000.00.

PRINT COMPANY NAME:

SIGNED BY:

Print Name & Title:

RFP 2025-065 Page 34

VERIFICATION REQUIRED BY TEXAS GOVERNMENT CODE SECTION 2271.002

through purchase orders) involving goods or services: (1) between a government entity and a

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

By signing below, Company hereby verifies the following:

1. Company does not boycott Israel; and

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

PRINT COMPANY NAME:

SIGNED BY:

Print Name & Title:

Date Signed:

The following definitions apply to this state statute:

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

and

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

RFP 2025-065 Page 35

VERIFICATION REQUIRED BY TEXAS GOVERNMENT CODE SECTION 2271.002

By signing below, Contractor hereby verifies that Section 2271.002 does not apply to this contract due to the following (check all that apply):

☐ Contractor is a sole proprietor; or

☐ Contractor has less than 10 full-time employees; or

☐ Contract value is for less than $100,000.00.

PRINT COMPANY NAME:

SIGNED BY:

Print Name & Title:

RFP 2025-065 Page 36

INFORMATION ABOUT FORM 1295 DISCLOSURE

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

House Bill 1295 found in Texas Government Code Chapter 2252 requires a “business entity” that:

(1) enters into a contract which must be approved by the Waco City Council

(2) for services, goods or other property

(3) to be used by the City of Waco to complete a Certificate of Interested Parties Form 1295 on the Texas Ethics Commission website.

"Business entity" means any entity recognized by law through which business is conducted, including a sole proprietorship, partnership, or corporation. It includes for-profit and non-profit entities. A contract with an individual is not a contract with a business entity. A Form 1295 is not required for contracts with a publicly traded business entity, including a wholly owned subsidiary of the business entity.

The Texas Ethics Commission has adopted rules to implement the law and adopted the Certificate of Interested Parties form (Form 1295). The Commission states that it does not have any additional authority to enforce or interpret House Bill 1295 (approved in 2015).

Form 1295 requires disclosure of interested parties (a) who have a controlling interest in a business entity with whom the government entity contracts or (b) who actively participate in facilitating a contract or negotiating the terms of a contract (such as a broker, advisor, or attorney for business entity) if the person receives compensation from the business entity (but is not an employee of the entity) and communicates directly with the governmental entity regarding the contract. A person has a controlling interest if the person: (1) has an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock, or otherwise that exceeds 10 percent;

(2) has membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or (3) serves as an officer of a business entity that has four or fewer officers, or serves as one of the four officers most highly compensated by a business entity that has more than four officers.

Filing Process:

The Texas Ethics Commission has made the filing Form 1295 available on its website as an electronic form at: https://prd.tecprd.ethicsefile.com/File/

A business entity entering into a contract for services, goods or other property with the City of Waco must use that website application to enter the required information on Form 1295 and then print or download a copy of the form. The printed Form 1295 will have unique certification number assigned by the Commission in the upper right part of the Form. An authorized agent of the business entity must sign a printed copy of the Form. The executed Form 1295 must be filed with the City of Waco.

The form can be scanned and emailed to the City, faxed to the City, mailed to the City, or delivered to the City. The City is then required to notify the Commission using the Commission’s website that the Form 1295 has been received by the City. The information from the completed Form 1295 will then be posted on the Commission’s website.

2018/01/18 Form 1295 Information

RFP 2025-065 Page 37 https://prd.tecprd.ethicsefile.com/File/

CERTIFICATION REQUIRED BY TEXAS GOVERNMENT CODE CHAPTER 2252

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

PRINT COMPANY NAME:

SIGNED BY:

Print Name & Title:

RFP 2025-065 Page 38

PROCEDURE TO PROTEST AWARD RECOMMENDATION

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

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

Purchasing Services c/o City of Waco Post Office Box 2570

Waco, Texas 76702-2570

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

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

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

2. Identification of the RFB being protested;

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

4. Any documentation or other evidence supporting the protest.

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

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

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

H. If a protesting party fails or refuses to request a review by the city manager within the three

(3) days, the protest is deemed finalized and no further review by the city is required.

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

RFP 2025-065 Page 39

APPENDIX 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

(6) Litigation Disclosure

(7) Certification Regarding Debarment

(8) Non-collusion Affidavit

(9) Resident Certification

(10) Texas Public Information Act

(11) Drug Free Workplace

(12) W-9 Form

RFP 2025-065 Page 40

SUBMISSION OF BID AND ACKNOWLEDGMENT OF ADDENDA RFP No. 2025-065

ISSUED BY CITY OF WACO, TX

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

DECLARATION OF INTENT

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

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

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

or

□ 3. NOT to the exact Specifications and/or the Terms and Conditions and is therefore an alternate bid, submitted for the City’s consideration, with attached justification(s) and documentation defending the alternate bid as meeting or exceeding the intent of the specifications or scope of work.

Submitter further acknowledges receipt of the following addenda:

Addendum No…