ESBD_502021_1774885971659_RFQ 2026-016 Qualifications Package.pdf

REQUEST FOR QUALIFICATIONS

RFQ 2026-016

Section 3 Build America, Buy America Compliance Monitoring Services

Issue Date: April 01, 2026

Questions Due: May 4, 2026, 5:00 P.M. CT Closing Date & Time: May 14, 2026, 2:00 P.M. CT

Opening Date & Time: May 14, 2026, 2:05 P.M. CT

For Information Contact:

Paul Campos, Purchasing Agent, 254-750-8062, or PCampos@wacotx.gov

RFQ 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

RFQ 2026-016 Page 1 mailto:PCampos@wacotx.gov

EUNA / 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 database system, EUNA / Bonfire.

We ask vendors to register with EUNA / 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 EUNA / Bonfire with registration or customer support issues.

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

RFQ 2026-016 Page 2

BID NUMBER:

DATE:

TIME: CENTRAL

QUICK LINK:

MEETING ID:

DIAL IN NUMBER:

PASS CODE:

ADDITIONAL

INFORMATION:

BID NUMBER:

DATE:

TIME: CENTRAL

QUICK LINK:

MEETING ID:

DIAL IN NUMBER:

PASS CODE:

ADDITIONAL

INFORMATION:

PRE BID/ PROPOSAL

BID/ PROPOSAL OPENING

ZOOM ACCESS INSTRUCTIONS & ADDITIONAL INFORMATION

RFQ 2026-016 Page 3 https://wacotx.zoomgov.com/j/1601846294?pwd=Bk33QjebtyDwySu3Hy8ex1CcpMIaso.1

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) Overview

(2) Description of Services

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 Firearms Form

(7) House Bill 89 Israel Form

(8) House Bill 1295 Information Sheet

(9) Foreign Terrorist Organization Form

(10) Protest Procedure

(11) Registered with the Texas Secretary of State

(12) W-9 Taxpayer Identification Form

(13) Electronic Funds Transfer Authorization (EFT Form)

C. Forms to Complete and Return

(1) Submission of 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) HUB Business Certification

(6) Litigation Disclosure

(7) Certification Regarding Debarment

(8) Non-collusion Affidavit

(9) Texas Public Information Act

(10) Drug Free Workplace

RFQ 2026-016 Page 4RFQ 2026-016 Page 4

REQUEST FOR QUALIFICATIONS

Section 3 Build America, Buy America Compliance

Monitoring Services

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: pcampos@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

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 RFQ

• Question deadline 5:00 P.M.

• Opening of SOQ Submittals 2:01 P.M.

• Evaluation of the SOQs / Interviews

• Establish final ranking of submitters

• Notify submitters of award recommendation

April 01, 2026 May 04, 2026 May 14, 2026 May 15 – May 22, 2026 May 25, 2026 June 5, 2026

Tentatively, the final selection decision will be made, and submitters will be notified of an award recommendation during the month June 2026. This schedule is subject to change by the City.

II. CONTACT WITH CITY OF WACO

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

Email: PCampos@wacotx.gov Telephone: (254) 750-8062 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: Paul Campos, 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.

Via Zoom Video & Dial In

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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) “Contract documents” include the RFQ and all of the Appendices attached to the RFQ.

(4) “Day” means a calendar day unless otherwise specified defined.

(5) “Project” means subject matter for which professional services are sought.

(6) “Project Review Committee” means a committee established by the City to review the qualifications. 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.

(7) “RFQ” means and refers to this Request for Qualifications.

(8) “Selected Firm” means the firm who is selected by the City and to whom the City Council/City

Manager awards a contract for the professional services requested in this solicitation.

(9) “Selected submittal” means and refers to the Statement of Qualifications submitted by the

Selected Firm.

(10) “Solicitation” means an RFQ issued by the City Waco seeking services described in the document.

(11) “SOQ” means Statement of Qualifications.

(12) “Submission” or “Submittal” refers to a response to the RFQ which is a Statement of

Qualifications of the submitter.

(13) “Submitter” means a firm submits a Statement of Qualifications in response to this RFQ.

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IV. REQUESTED SERVICES

A. Professional Services Requested:

The City of Waco, Housing and Community Development Department (here after referred to as City) is seeking for an experienced and qualified firm with experience in Section 3 Build America, Buy America compliance monitoring to assist the City with Federal compliance requirements for various federal grant funded public facility improvements and housing construction. Projects may include but are not limited to street & sidewalk repairs, park creation, facility construction/expansion, and housing construction. The City wishes to enter into an annual contract for as-needed project-based services of this nature which would include two, two-year renewal options. Detailed scope of services are attached as Appendix A. 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 description of the services, the attached Appendices include the City’s Contract Requirements.

C. Reservations by City:

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

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V. STATEMENT OF QUALIFICATIONS (SOQ)

A. Submission of Information:

Submitters are cautioned that it is each submitter’s sole responsibility to submit information related to the evaluation categories, and the City is under no obligation to solicit such information if it is not included with the SOQ. Failure of a submitter to submit such information may cause an adverse impact on the evaluation of the specific SOQ.

B. Submitter Review of RFQ:

Submitters are responsible for examining and being familiar with all terms, conditions, provisions, and instructions of the RFQ and their responses. Failure to do so will be at the submitter’s risk and will not be a determinative factor when awarding the contract for services. Submission of a proposal indicates acceptance by the firm of the conditions contained in the RFQ.

C. Encouraging Competition:

The conditions, terms, provisions, and information of this RFQ are written to encourage maximum response to the RFQ. There is no intent to discriminate against any submitter but rather, to set a definite standard of professional quality and experience desired for this project.

D. Submission Contents:

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 but must 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:

(1) Title Page: Title page showing the RFQ subject, the RFQ number, the firm’s name;

the name, address and telephone number of the contact person, and the date of the

SOQ.

(2) Table of Contents

(3) Transmittal Letter: A signed letter of transmittal briefly stating the submitter’s understanding of the work to be done and a statement as to why the firm believes it to be the best qualified to perform the engagement.

(4) Detailed SOQ: The detailed SOQ should follow the order set out as follows:

(a) General Requirements: The purpose of the SOQ is to demonstrate the qualifications, competence, and capacity of the firm to undertake this project. It must also specify a project approach that will meet the requirements in the RFQ.

(b) License to Practice in the State of Texas: An affirmative statement should be included that the firm and all assigned professional staff are properly licensed or registered to practice in the state of Texas.

(c) Firm Qualifications and Experience: The submitter should state the size of the firm, the location of the office from which the work on this project is to be performed, the number and nature of the professional staff to be employed in this project on a full-time basis, and the number and nature of the staff to be so employed on a part-time basis.

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(d) Joint Venture or Consortium: If the submitter is a joint venture or consortium, the qualifications of each firm comprising the joint venture or consortium should be separately identified and the firm that is to serve as the principal should be noted, if applicable.

(e) Partner, Supervisory and Staff Qualifications and Experience: Identify the principal supervisory and management staff, including partners, managers, other supervisors, and specialists, who would be assigned to the project. If required, indicate whether each such person is registered or licensed to practice in Texas.

Provide information on the experience of each person, including information on relevant continuing professional education for the past three (3) years and membership in professional organizations relevant to the performance of this project.

(f) Consultants and Firm Specialists: Consultants and firm specialists mentioned in response to this request for qualifications can only be changed with the express prior written permission of the City of Waco, which retains the right to approve or reject replacements. Partners, managers, other supervisory staff, and specialists may be changed if those personnel leave the firm, are promoted, or are assigned to another office. Other project personnel may be changed at the discretion of the submitter if replacements have substantially the same or better qualifications or experience.

(g) Organizational Chart: Attach a one-page copy of your business organizational chart for the portion of your business that will be involved with this project, complete with names and titles. On the chart mark the people who will be involved in this project.

(h) Business Operation: If the submitter has operated under any other names within the last ten (10) years, provide those names.

(i) Ownership Changes: If submitter anticipates any mergers, transfer of organization ownership, management reorganization, or departure of key personnel within the next twelve (12) months, provide a description of what is anticipated and how that could impact work on this project if awarded the contract.

(5) Additional background information on no more than 5 pages:

(a) Experience with Similar Projects: For the firm's office that will be assigned responsibility for the project, list the most significant projects (maximum - 5) performed in the last five years that are similar to the project described in this request for qualifications. These projects should be ranked on the basis of total staff hours. Indicate the scope of work, date, engagement partners, the original estimate and final cost, whether or not the work was completed within the specified schedule, and the name, email address, and telephone number of the principal client contact.

(b) Project Approach: The SOQ should set forth a proposed approach for the design services, including any special considerations and possible challenges in completing the project. The SOQ should also identify any special assistance that will be requested from City of Waco staff that will be involved in the project.

(c) References: Each response should provide the City at least five (5) references for the firm (and any consultants) that the City may contact to discuss performance on other similar work. At least one of these references must be someone that the firm worked with within the last 24 months. For each reference: project name and

RFQ 2026-016 Page 10RFQ 2026-016 Page 10 location; description of work; contract value of work performed by the firm or consultant and project value; name, address, email address, and telephone number of project owner/representative who oversaw project performance; dates (month/year) contract was issued and actually completed; and contract completion terms.

E. No Price Information The selection of a design firm under this RFQ shall be in accordance with Chapter 2254 of the Texas Government Code. Do not include any price information within the SOQ. SOQs containing any price information will be automatically disqualified.

F. Completeness of Submission:

(1) Submitters are responsible for examining and being familiar with all instructions and terms and conditions of this solicitation, and the submitter’s response.

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

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

G. Response Date and Location Responses to this solicitation must be received by 2:00 pm (Central Time) on May 14, 2026. 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: Paul Campos, 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:

RFQ 2026-016

Section 3 Build America, Buy America Compliance Monitoring Services

Closing: 2:00 p.m. (Central Time) on May 14, 2026

Submitters accept all risk of late delivery bids submissions regardless of instance or fault. A paper submission received after the submission deadline will not be considered and will be returned unopened to the submitter.

The City will NOT accept a submission by facsimile transmission (fax) or by electronic mail (email).

All submissions and accompanying documentation will become the property of the City.

RFQ 2026-016 Page 11

PCampos Highlight

PCampos Highlight

PCampos Highlight

H. Modifications to or Withdrawal of Submission:

Submissions cannot be modified after the submission deadline.

Submissions (in PAPER ONLY) 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.

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

A submission may also be withdrawn (Bonfire vendor’s can withdrawal their own submission) by providing the notice in person by a representative of the submitter who can provide proof of his/her authority to act for the submitter. The representative will be required to execute a receipt reflecting the submission is being withdrawn.

I. Authorized Signature:

A SOQ must be manually signed by a person having authority to contractually bind the submitter. Any erasures or other changes must be initialed by the person authorized to sign the SOQ or others who are able to show evidence of authority to execute or sign or behalf of the submitter.

J. SOQ is an Indication of Ability to Perform Requested Services:

The SOQ submitted by a firm is an indication of the ability of the firm to perform the requested services.

K. Agreement; Exceptions:

(1) Submission of an SOQ indicates the submitter agrees to the terms, conditions, and other provisions contained in the RFQ, unless the submitter clearly and specifically presents in its proposal any exceptions to the terms, conditions, and other provisions contained in the RFQ.

(2) Exceptions presented in an SOQ are not to be considered incorporated into the contract between the City and the selected submitter unless and until the City agrees to accept such exceptions.

(3) The selected submitter must acknowledge and agree that the contract resulting from this RFQ includes the terms, conditions, and other provisions contained in the RFQ, the submittal provided in response to this RFQ (including any exceptions accepted by the City) which is acceptable to the City and is not in conflict or contravention of the RFQ, and any other documents mutually agreed upon by the City and the selected submitter.

(4) No oral statement of any person shall modify or otherwise change or affect the terms, conditions, or specifications stated in the RFQ or the resulting contract.

L. Cost to Develop Submission:

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

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VI. EVALUATION OF SUBMITTALS & AWARD OF CONTRACT

A. General Procedure:

The submitted SOQs will be initially reviewed and evaluated by a Project Review Committee. Each SOQ should be submitted as completely and accurately as possible.

The City reserves the right to request additional information or clarifications, oral discussions, or presentations in support of the submitted SOQ. The City also reserves the right to allow corrections of errors or omissions.

B. Evaluation Criteria:

Firms meeting the mandatory criteria below will have their SOQs evaluated for technical quality. A point formula will be used during the review and evaluation process by the Project Review Committee to score SOQs. The following represent the principal selection criteria:

(1) Mandatory Elements:

(a) The firm is licensed or registered to practice in the State of Texas (if the professional services involved require licensing or registration).

(b) The firm has no conflict of interest with regard to any other work performed by the firm for the City of Waco.

(c) The firm adheres to the instructions in this RFQ on preparing and submitting the SOQ, including submission of forms in Appendix C.

(2) Demonstrated Competence and Qualifications: (Maximum Points - 100)

(a) Firm’s Expertise and Experience: (Maximum Points – 50)

1. Demonstrated experience of the firm based upon previous work similar to that of the type considered. For experience listed, please provide:

Owner Description of the project/program Services provided Contract dates

Reference information (two current client names with telephone numbers and emails per each experience)

(b) Expertise and Experience of Personnel: (Maximum Points - 35)

1. Competence and qualifications of the individual(s), assigned by the firm, who will be directly responsible for the proposed work based upon education and experience pertinent to the work considered.

2. Technical adequacy of the personnel and any consultants to be utilized for the proposed work based upon education and experience pertinent to the work considered.

(c) Timeline and overall evaluation of the firm & its ability to provide the service:

(Maximum Points - 15)

1. Timeline in deliverable of service provided.

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C. Final Selection:

The Project Review Committee will determine, with City Manager’s Office review, whether to schedule oral interviews with the top-rated firms. If interviews are requested, the submitters will have an opportunity to make a presentation and answer questions from the Project Review Committee. After the interviews, those submitters will be ranked by the committee on a 100-point scale using the following or modified criteria:

(1) Firm qualifications and experience (Maximum 45 points)

(2) Expertise and experience of personnel and individuals (Maximum 45 points)

(3) Communication ability (Maximum 10 points)

Based on all information and review, the scores from the Statement of Qualifications submittals and the scores for the oral interviews (if conducted) will be combined and presented to the City Manager’s Office. The City Manager’s Office shall establish the final ranking of the firms.

The City shall then seek to negotiate a contract with the firm ranked first. If an agreement cannot be reached, efforts to negotiate a contract will then proceed with the firm ranked second. This process will be followed until a satisfactory contract can be negotiated.

D. Contract Award and Execution:

The final contract must be awarded and approved by the Waco City Council if the amount of the contract will exceed $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.

The Recipient, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

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APPENDIX A

(1) Overview

(2) Description of Services

RFQ 2026-016 Page 15

Overview

1.

RFQ 2026-016 Page 16

TheBuildAmerica,BuyAmericaAct

(BABA) requires that all iron and steel, construction materials, and manufactured products used in federally-funded infrastructure projects are produced in the United States.

This requirement, known as the "Buy America Preference" (BAP), is detailed in the Infrastructure Investment and Jobs Act, Pub. L. 117-58 and 2 CFR 184.

Community Planning and Development (CPD) grantees must work closely with subrecipients, developers, and contractors to ensure that products used in HUD-funded infrastructure projects are produced in the United States as required. Resource documents on this webpage are intended to assist CPD grantees and their partners in determining if BAP applies to their specific projects.

Tribal recipients can view the BABA for Tribal Recipients page, which is designed to help Tribal recipients and their partners understand when BABA applies and how to meet the relevant requirements for their specific projects.

Section 3: Buy America Overview

Project requirements pertaining to Buy America are dictated by Standard Specification, Item 6 and associated Special Provisions found in the contract. Buy America also applies to all materials donated to the project by the State or a third party.

The Material Inspection Guide and Project Records Checklist provides a comprehensive overview of the Buy America program and a list defining the required documentation that must accompany the Material Statement, Form 1818 (D 9-USA-1) and/or, “Construction Materials Buy America Certification” Form 2806. Note the project record checklist is connected to the item code not the description code of a pay item. This means some items may state a Form 1818 or Form 2806 is required, but since the specific item description is not installed or not installed permanently the requirement does not apply. For example, a crash cushion being removed will not require a Buy America certification.

a.

b.

https://www.hudexchange.info/programs/baba/#:~:text=The%20Build%20America%2C%20Buy%20America%20Act%20(BABA),projects%20are%20produced%20in%20the%20United%20States.

https://www.txdot.gov/manuals/cst/cah/control_of_materials/buy_america-caceiieb.html

Scope of Services

The successful respondent shall be responsible for the following tasks:

• Pre-construction conference training for General Contractors/Subcontractors, if necessary

• Help desk access from 8:00 a.m. – 5:00 p.m. weekdays for the General Contractor and their Subcontractors/Employees to respond to questions regarding Section 3Build America Buy, America and related acts.

• Provide necessary support/training for economic opportunities to low and moderate income people (training, employment, contracting).

• Unlimited on-site (or at a designated office) meeting with the General Contractor/Subcontractor/Owner regarding Davis Bacon violations, course of action, and restitution (if applicable).

• Review and certify benchmarks.

• Review reporting (total labor hours, hours worked by Section 3 workers, hours worked by Targeted Section 3 workers).

• Additional reporting on Section 3 Build America, Buy America if benchmarks not met.

• Non-compliant General Contractor/Subcontractor tracking.

• Non-compliant progress reporting.

• Record keeping.

• Review material supply contracts for compliance with Build America, Buy America.

• Assisting City/State/Federal Auditors with Contractual Compliance Requirements.

• Verifying General Contractor/Subcontractor eligibility by confirming both are not debarred from participation in Federal Programs.

• Assisting City staff in preparation of Bid Documents/Contracts to ensure compliance with Federal program requirements.

• Verifying General Contractor has posted required notices and information.

• Conducting monthly on-site interviews with workers

2.

RFQ 2026-016 Page 17

Please be advised:

The City of Waco mandates that the successful bidder submit the following documents before the official contract is awarded.

(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 Firearms Form

(7) House Bill 89 Israel Form

(8) House Bill 1295 Information Sheet

(9) Foreign Terrorist Organization Form

(10) Protest Procedure

(11) Registered with the Texas Secretary of State

(12) W-9 Taxpayer Identification Form

(13) Electronic Funds Transfer Authorization (EFT Form)

APPENDIX B

Contract Requirements

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PCampos Highlight

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

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

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

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

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

(o) Tax Certification; Offset of Other Debts Against City. Selected bidder hereby certifies that it is not delinquent in the payment of taxes owed to the City and will pay any taxes owed to the City so that such taxes will not become delinquent. If this certification is subsequently determined to be false, such false certification shall constitute grounds for termination of the contract awarded under this SOLICITATION, at the option of City.

Furthermore, Selected bidder agrees the City is entitled to counterclaim and offset against any debt, claim, demand, or account owed by the City to the selected bidder, pursuant to the awarded contract, for any debt, claim, demand, or account owed to the City, including other than the taxes mentioned above. The City may withhold from payment under the awarded contract an amount equal to the total amount of debts, claims, accounts, or demands including taxes owed to the City by the selected bidder. The City may apply the amount withheld to the debts and taxes owed to the City by the selected bidder until said debts are paid in full. No assignment or transfer of such debt, claim, demand or account after the said taxes or debts are due shall affect the right of the City to offset the taxes and the debt against the same.

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

(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.

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(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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APPENDIX B.(2)

Additional Terms for Services

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

(b) Time of Completion and Liquidated Damages: Completing this Project in a timely manner is very important to the City of Waco. Submitter must agree to commence work on or before a date to be specified in a written "Notice to Proceed" of the City and to fully complete the project within the time stated in the contract documents. As it is impracticable and extremely difficult to fix the actual damages, if any, that may proximately result from a failure by Submitter to perform the service, should submitter fail to complete the project within the calendar days specified in the contract, Submitter agrees to pay to City, or have withheld from monies due it, the amount stated in the contract documents as liquidated damages for each calendar day of delay or nonperformance. Any sums due and payable hereunder by the Submitter shall be payable, not as a penalty, but as liquidated damages representing an estimate of delay damages likely to be sustained by the City, estimated at the time of executing this Contract. Execution of a contract for this Project shall constitute agreement by the City and Submitter that said amount is the minimum value of the costs and actual damage caused by the failure of the Submitter to complete the Project within the allotted time. A sum due as liquidated damages may be deducted from payments due the Contractor if such delay occurs. Adjustments to the contract times can only be made as provided in the contract documents and any conditions or specifications referenced therein.

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

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

Additional Terms for Services (05/22/2016)

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(e) Force Majeure: In the event performance by the Selected Firm of its obligations under this Agreement shall be interrupted or delayed by or as a consequence of a fire, flood, severe weather, or other act of God, war, insurrection, civil disturbance, or act of state, the Selected Firm shall be excused from such performance for the period of time such occurrence shall have lasted or such period as is reasonably necessary to rebuild or take other action necessary to resume performance. The period of time reasonably necessary to rebuild or take other action necessary to resume performance shall be as determined by the agreement of the parties, which agreement shall be negotiated and arrived at in good faith. The Selected Firm shall notify the Contact Person or Contract Administrator of any matter covered above, the occurrence of which interferes or threatens to interfere with the performance of any of its obligations under the bid. Upon such notice, the Selected Firm and the City shall consult and cooperate as to measures which may be taken to overcome the interference or as to alternative measures which may be undertaken by the parties with a view to the continued performance of the bid agreement.

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

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

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

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

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

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

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

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

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

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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

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 Environmental Impairment 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).

Professional Liability (Claims Made Form)

$1,000,000

Term of Policy: With regard to any approved claims-made policy form, a contractor shall maintain and keep in force and effect said coverage during the term of this contract and for a period of seven (7) years following the expiration or completion of the contract with the City, either through an existing carrier or a carrier of comparable financial statute and reputation.

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

Proof of Insurance Required and When to Submit:

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

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INDEMNIFICATION.

A CONTRACTOR EXECUTING A CONTRACT WITH THE CITY AGREES TO ASSUME

FULL RESPONSIBILITY AND…