ESBD_545376_1785860939032_RFP 2026-035 Proposal Package.pdf

REQUEST FOR PROPOSALS

RFP No. 2026-035

MASTER DEVELOPER FOR

APPROXIMATELY 240 ACRES AT

WACO REGIONAL AIRPORT

Issue Date: August 4, 2026

Closing Date & Time: September 15, 2026, 2:00 P.M. CT Opening Date & Time: September 15, 2026, 2:01 P.M. CT

For Information Contact:

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

Proposal Submission:

City of Waco EUNA / Bonfire e-Procurement Portal waco-texas.bonfirehub.com

Purchasing Services, Post Office Box 2570, Waco, Texas 76702-2570 Telephone 254-750-8060 | 1415 North 4th Street, Waco, Texas 76707 waco-texas.com

Pre-Proposal Meeting (Non-Mandatory) Wednesday August 19, 2026 at 10:00 AM

Waco Regional Airport Conference Room

7909 Karl May Drive, Waco, Texas 76708

RFP 2026-035 Page 1 https://waco-texas.bonfirehub.com/ https://www.waco-texas.com/ mailto:daryleb@wacotx.gov

EUNA / BONFIRE ELECTRONIC BIDDING

The City of Waco utilizes to Electronic Bidding, Proposals and Qualification (RFB/RFP & RFQ) submissions through the City’s e-Procurement Platform 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

RFP 2026-035 Page 2 https://waco-texas.bonfirehub.com/login

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 for Competitive Sealed Proposal II. Contact with City of Waco III. Definitions IV. Requested Products V. Request For Proposals – Submission and Award Procedures

Appendices A. Scope of Services and Requirements

(1) Scope of Services and Requirements

B. Contract Requirements

(1) City of Waco General Terms and Conditions

(2) Additional Terms for Services

(3) Insurance & Indemnification Requirements

(4) Sales Tax Information

(5) HB 89 Energy Form

(6) HB 89 Firearms Form

(7) HB 89 Israel Form

(8) HB1295 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 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) HUB Business Certification

(6) Litigation Disclosure

(7) Certification Regarding Debarment

(8) Non-collusion Affidavit

(9) Texas Public Information Act

(10) Drug Free Workplace

D. Anticipated Transaction and Contract Requirements E. Forms to Complete and Sign F. Evaluation Score Sheet G. Airport Master Plan Exhibit 4A - Airport Land Use

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RFP No. 2026-035 (Master Developer for Approximately 240 Acres at Waco

Regional Airport)

Please Register for Notification

REGISTER INTEREST

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

Company/Firm:

Name of Contact Person(s):

Email(s):

Telephone: Fax:

Mailing Address:

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

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

City of Waco Purchasing Services Post Office Box 2570

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

Fax 254 / 750-8063 waco-texas.com

RFP 2026-035 Page 5 mailto:daryleb@wacotx.gov.

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

I. SCHEDULE FOR SOLICITATION - REQUEST FOR PROPOSALS

The following proposed schedule is tentative and may be modified at the discretion of the City. Dates will be finalized by Purchasing Services before issuance.

Issuance of RFP

Pre-Proposal Conference and Airport Site Tour

August 14, 2026 @ 5:00 PMDeadline to Register for Site Tour

August 19, 2026 @ 10:00 AM

Deadline for Questions September 4, 2026 @ 5:00 PM

Final Addendum Target Date September 7, 2026

Proposals Due September 15, 2026, 2:00 P.M. CT

Proposal Opening September 15, 2026, 2:01 P.M. CT

Evaluation of Submissions September 2026 - October 2026]

Interviews / Presentations, if conducted October 2026]

Anticipated Selection and City Council Authorization October 2026 - November 2026

A. Pre-Proposal Conference and Site Tour

The City anticipates conducting a non-mandatory pre-proposal conference and controlled site tour at Waco Regional Airport. Attendance will require advance registration, government-issued identification, and compliance with all Airport security and escort requirements. The City may limit access to operational areas and may prohibit photography in designated locations. Oral statements made during the conference or tour are not binding unless confirmed by written addendum.

II. CONTACT WITH CITY OF WACO

The contact person for this solicitation process is the Purchasing Agent identified on the cover page. Questions concerning the solicitation can be submitted through the City of Waco’s Bonfire portal or emailed to the Purchasing Agent or by another method expressly authorized by Purchasing Services.

Contact with any City official, Airport employee, consultant, evaluation committee member, or other City representative concerning this solicitation, other than through the designated Purchasing Agent or authorized process, may be grounds for removal from consideration.

Interpretations, modifications, corrections, or changes to the solicitation documents will be made only by written addenda issued by the City. Proposers must acknowledge all addenda in their submissions.

III. DEFINITIONS

The following definitions apply to this RFP and any resulting transaction unless the context clearly requires otherwise:

(1) “Airport” Waco Regional Airport (ACT), owned and operated by the City of Waco.

(2) “Airport Layout Plan or ALP” The FAA-approved drawing set depicting existing and proposed Airport facilities and land uses, as amended.

(3) “Airport Master Plan” The City’s long-range planning document for Waco Regional Airport, including Exhibit 4A, Airport Land Use.

(4) “City” The City of Waco, Texas, acting through its Purchasing Services Department and Waco Regional Airport, as applicable.

August 4, 2026

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DaryleB Highlight

DaryleB Highlight

DaryleB Highlight

(5) “Developer or Selected Developer” The proposer selected by the City for negotiation and, if approved, execution of a development agreement and one or more ground leases.

(6) “Development Agreement” A negotiated agreement establishing master development obligations, phasing, performance milestones, infrastructure responsibilities, financial terms, remedies, and related requirements.

(7) “Development Phase” A defined portion of the Project Site and associated improvements authorized for development under an approved phase plan and ground lease.

(8) “Ground Lease” A long-term lease under which the City retains fee title to the land and the developer receives limited rights to develop, finance, operate, maintain, and sublease improvements, subject to City approval and contract terms.

(9) “Gross Acreage” The approximate mapped acreage before survey, easements, safety areas, setbacks, drainage, utilities, environmental constraints, access corridors, and other deductions.

(10) “Project Review Committee” The committee appointed by the City to review, evaluate, and score proposals.

(11) “Project Site” Approximately 241.3 gross acres shown on Airport Master Plan Exhibit 4A and described in this RFP as approximately 240 acres, subject to survey, Airport planning, FAA review, and determination of net developable acreage.

(12) “Proposal or Submission” A complete response submitted to this RFP.

(13) “Proposer” A developer, development team, joint venture, partnership, corporation, or other legal entity submitting a Proposal.

(14) “RFP” This Request for Proposals, including all appendices and addenda.

IV. REQUESTED DEVELOPMENT OPPORTUNITY

A. Project Overview

The City of Waco seeks formal proposals from qualified and financially capable developers or development teams to plan, finance, develop, lease, market, operate, manage, and maintain an airport-compatible development on approximately 240 acres at the Waco Regional Airport. The Airport Master Plan identifies the subject area as approximately 241.3 gross acres of undeveloped vacant land. The Project Site is shown in Appendix G.

The City’s objective is to select a master developer that can execute a cohesive, market-responsive program through multiple phases over a period not to exceed fifteen (15) years, while preserving Airport operational flexibility, maintaining compliance with federal and local obligations, generating sustainable Airport revenue, and creating measurable economic and community benefits.

This RFP is a solicitation for proposals and negotiation of a development arrangement. It is not an offer to sell the property, does not convey any right to occupy or develop the property, and does not obligate the City to enter into a lease or agreement. Fee title to the Project Site will remain with the City unless a different disposition is separately authorized by all required authorities.

B. Project Objectives

Attract substantial private investment and high-quality, airport-compatible development.

Advance aviation, aerospace, aircraft maintenance, advanced manufacturing, logistics, research, education, and other uses that strengthen the Airport and regional economy.

Produce fair market value ground rent and other appropriate Airport revenue through transparent, enforceable commercial terms.

Complete development through accountable phases with measurable investment, construction, occupancy, job-creation, and revenue milestones.

Protect the safe and efficient operation of the Airport, its runways, taxiways, navigational facilities, airspace, security systems, and future development plans.

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Coordinate development with Airport planning, FAA requirements, environmental review, utilities, roadway access, drainage, and public infrastructure.

Provide professional property management, asset management, lifecycle maintenance, and tenant oversight for the duration of the agreement.

Engage residents, businesses, educational institutions, workforce partners, nearby property owners, and other stakeholders in a transparent and constructive manner.

C. Project Site and Development Constraints

The Project Site consists of approximately 241.3 gross acres as depicted on Airport Master Plan Exhibit 4A. The depiction is conceptual and does not constitute a boundary survey, title commitment, representation of net developable acreage, or authorization for a particular land use. The final legal description and acreage of each Development Phase will be established by survey and approved by the City.

Proposers must independently evaluate site conditions and development feasibility, including Airport safety areas, runway and taxiway separations, line-of-sight requirements, airspace surfaces, protected future aviation areas, access, easements, utilities, drainage, floodplain, environmental conditions, geotechnical conditions, wildlife hazards, and applicable building-height restrictions. The City makes no representation that all gross acreage is presently available for vertical development.

D. Anticipated Transaction Structure

The City anticipates negotiating a master development agreement supported by one or more phased ground leases. The City currently contemplates an initial ground lease term of up to forty (40) years, with up to two (2) additional five-year renewal options, subject to negotiation, the nature and useful life of improvements, financing requirements, City Council approval, and all applicable FAA requirements. The final structure may differ if the City determines an alternative is more advantageous.

Control of the Project Site is expected to be released incrementally. The Selected Developer will not receive unrestricted control of all acreage at execution. Each phase will be conditioned on satisfaction of approved milestones, proof of financing, completion of required due diligence, City and FAA approvals, infrastructure commitments, and compliance with prior-phase obligations. Undeveloped acreage may remain under City control or be subject to recapture if milestones are not achieved.

E. Development Program

The City seeks a flexible, market-driven concept centered on aviation and airport-compatible uses. Proposals may include a coordinated mix of uses such as:

Aircraft maintenance, repair, overhaul, modification, completion, painting, and component services.

Aircraft manufacturing, assembly, testing, storage, hangars, and aviation support facilities.

Aerospace, defense, advanced manufacturing, technology, research, and innovation facilities.

Air cargo, logistics, distribution, supply-chain, and related warehousing compatible with Airport operations.

Flight training, aviation education, workforce development, and institutional partnerships.

Office, hospitality, retail, service, or other commercial uses that directly support the development and are determined to be Airport-compatible and permissible under federal obligations.

Utility, energy, sustainability, and infrastructure improvements that support the project without constraining aviation operations.

Residential uses and any use that would create an incompatible concentration of people, attract hazardous wildlife, interfere with aircraft communications or navigation, penetrate protected airspace, constrain Airport operations, or conflict with federal obligations are not acceptable unless expressly approved by the City and all applicable authorities.

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F. Fifteen-Year Phasing

The Project may be developed in multiple phases over a maximum period of fifteen (15) years from the effective date of the master development agreement. Proposers shall identify the acreage, land uses, investment, infrastructure, entitlements, financing, construction start, substantial completion, occupancy, job creation, and Airport revenue associated with each phase. The City prefers a schedule that produces early vertical development while maintaining a credible long-term buildout plan.

At a minimum, the proposed schedule must identify: due diligence and concept validation; preliminary and final master planning; FAA and City review; environmental and entitlement activities; utility and access improvements; financing commitments; commencement and completion of each phase; tenanting or operating milestones; and final buildout no later than the end of Year 15.

G. Federal, State, and Local Compliance

Development must remain consistent with the Airport’s federal obligations, approved Airport planning, applicable FAA policies, Airport Rules and Regulations, Airport Minimum Standards, City ordinances, building and fire codes, environmental requirements, and all other applicable laws. Depending on the proposed use, approvals may include Airport Layout Plan revisions, FAA land-use approval, environmental review, airspace review, FAA Form 7460-1 notices, and other federal or state actions. Approval of a master plan concept by the City will not substitute for any separate FAA approval.

The Selected Developer will be required to coordinate all design and construction activity with Airport management to avoid disruption of aircraft operations, Airport security, emergency response, utilities, tenants, and the traveling public.

H. Reservations by the City

The City reserves the right to reject any or all proposals; waive minor irregularities; request clarifications;

conduct interviews; negotiate with one or more proposers; divide the Project Site; select more than one developer; modify the contemplated transaction; retain or withdraw acreage; require additional studies; cancel or reissue the solicitation; and pursue any lawful alternative determined to be in the City’s best interest. Proposal preparation costs will not be reimbursed.

V. REQUEST FOR PROPOSALS - SUBMISSION AND AWARD PROCEDURES

A. Submission Method and Deadline

Proposals can be received through the City’s Bonfire portal or via FedEx or UPS by the date and time stated on the cover page. Proposers are responsible for allowing sufficient time to upload all files and confirm successful submission. Late proposals will not be considered. If submitting a paper submission the proposer must comply with all quantity, labeling, packaging, and delivery requirements stated in the issued solicitation.

B. Proposal Organization

Each proposal should be organized in the order below. The main narrative should not exceed seventy-five (75) pages, excluding cover, tabs, financial statements submitted in a separate confidential file, required forms, and appendices. Marketing materials should be limited to information directly relevant to the evaluation criteria.

1. Transmittal Letter and Executive Summary.

2. Proposer Identity, Team Structure, Ownership, and Key Personnel.

3. Development Vision, Concept Plan, Land Uses, and Public Benefits.

4. Development and Operations Experience.

5. Financial Capacity and Proposed Financial Consideration to the City.

6. Property Management Approach.

7. Asset Management and Long-Term Reinvestment Approach.

8. Collaboration Experience with Airports and FAA-Regulated Environments.

9. Community Engagement, Local Participation, and Workforce Strategy.

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10. Proposed Fifteen-Year Phasing Schedule and Performance Milestones.

11. Infrastructure, Utilities, Access, Environmental, and Entitlement Strategy.

12. Risk Identification and Mitigation Plan.

13. References and Past Performance.

14. Exceptions, Assumptions, Requested City Participation, and Proposed Negotiation Issues.

15. Completed Forms and Certifications.

C. Required Proposal Content

1. Transmittal Letter and Executive Summary

Provide a letter signed by an authorized representative committing the proposer to the submission for at least one hundred eighty (180) days. Summarize the development vision, team, proposed uses, anticipated investment, requested acreage, phasing, financial structure, key benefits, and principal terms requested from the City.

2. Proposer and Team Information

Identify the proposed contracting entity; legal structure; ownership; principals; development partners; equity partners; lenders; architects; engineers; contractors; operators; property managers; asset managers; community engagement professionals; and legal, environmental, aviation, and financial advisors. Disclose any entity not yet formed and the conditions for formation.

3. Conceptual Development Plan

Provide a conceptual site plan and narrative showing proposed land uses, acreage by phase, building types, approximate square footage, airside and landside access, roads, parking, utilities, drainage, open space, buffers, security, sustainability features, and interface with existing and future Airport facilities. Clearly identify assumptions and areas requiring further study or approval.

4. Development and Operations Experience

Describe at least five comparable projects, emphasizing large-scale, phased, aviation, aerospace, industrial, logistics, mixed-use, or public-private developments. For each project, identify location, acreage, investment, financing, uses, delivery method, schedule, current status, the proposer’s role, and whether the project met financial and schedule commitments. Explain experience operating developments and tenant businesses after construction.

5. Financial Capacity and Business Proposal

Demonstrate the capacity to finance predevelopment, infrastructure, vertical construction, tenant improvements, working capital, operating expenses, and long-term reinvestment. Submit audited financial statements for the most recent three fiscal years, current interim statements, evidence of liquidity, equity commitments, lender interest, financing sources, contingent liabilities, and any material credit or default history. Financial statements may be uploaded as a separately labeled confidential file, subject to the Texas Public Information Act.

Provide a proposed financial offer identifying ground rent by phase, escalation, minimum annual payments, percentage rent or revenue participation if proposed, upfront payments, infrastructure investment, minimum private investment, financial security, requested City participation, and any conditions or contingencies. Final compensation must be supportable as fair market value and consistent with applicable Airport revenue requirements.

6. Property Management

Describe the proposed management organization, leasing and tenant-selection process, tenant compliance, maintenance, customer service, safety, security, emergency coordination, common-area operations, utilities, landscaping, snow/ice or severe-weather response as applicable, billing, collections, reporting, and coordination with Airport management. Identify the party responsible for day-to-day management in each phase.

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7. Asset Management

Describe the strategy for portfolio oversight, capital planning, lifecycle replacement, reserve funding, preventive maintenance, energy performance, risk management, valuation, lease administration, tenant retention, vacancy management, performance benchmarking, investor and City reporting, and preservation of improvements throughout the lease term.

8. Collaboration Experience with Airports

Describe experience working with airport sponsors, FAA Airports District Offices, air traffic control, airlines, fixed-base operators, airport tenants, TSA, public safety agencies, and aviation stakeholders. Address experience with Airport Layout Plans, FAA land-use review, environmental processes, airspace determinations, compatible land use, Airport security, Part 139 operating environments, grant assurances, fair and nondiscriminatory access, and airport revenue requirements.

9. Community Engagement

Provide a community engagement plan that identifies stakeholders, outreach methods, public information practices, issue tracking, complaint response, neighborhood coordination, workforce development, educational partnerships, local business participation, and opportunities for historically underutilized, minority-owned, women-owned, disadvantaged, veteran-owned, and small businesses. Identify measurable commitments and reporting practices.

10. Proposed Timeline

Submit a detailed schedule for each Development Phase over no more than fifteen (15) years. The schedule must identify decision points, due diligence, design, FAA and City review, environmental review, financing, infrastructure, permitting, construction, commissioning, tenant occupancy, and operational start. Include milestone dates and remedies or corrective actions the proposer is willing to accept if milestones are missed.

11. Risk and Assumptions

Identify material development risks, including financing, market absorption, site conditions, environmental constraints, Airport operational constraints, permitting, utilities, infrastructure costs, tenant demand, construction escalation, and schedule. Explain mitigation measures and distinguish requested City obligations from developer obligations.

D. Completeness and Responsiveness

The proposer is responsible for examining the complete RFP, appendices, addenda, site information, and applicable requirements. Omissions, material exceptions, conditional submissions, or failure to provide requested financial information may result in reduced scoring or rejection. The City may request clarification but is not obligated to permit a proposer to cure a deficient proposal.

E. Public Information and Confidential Material

Proposals are subject to the Texas Public Information Act. Proposers should clearly mark information they believe is confidential and provide the legal basis for each claimed exception. Merely labeling an entire proposal confidential will not obligate the City to withhold it. The City will comply with applicable law and may refer requests to the Texas Attorney General. Proposers are responsible for defending claimed exceptions and for any costs associated with doing so.

F. Submission Validity and Cost

Proposals must remain valid for one hundred eighty (180) days after the submission deadline unless extended by written agreement. All costs of proposal preparation, due diligence, interviews, negotiations, and presentations are the proposer’s responsibility.

G. Evaluation Procedures

A Project Review Committee will review responsive proposals. The City may verify references, analyze financial information, request clarifications, conduct interviews or presentations, visit completed projects, and

RFP 2026-035 Page 11 perform additional due diligence. Initial scoring will be based on the written proposal. The City may then develop a shortlist and consider interviews, presentations, clarifications, best-and-final terms, and due diligence in establishing the final ranking.

H. Evaluation Criteria

The following criteria will be used to evaluate proposals. Detailed guidance is provided in Appendix D.

RFP Initial Evaluation Scoring Criteria Scoring Points Available

A. Development and Operations Experience 20

B. Financial Capacity 20

C. Property Management 10

D. Asset Management 10

E. Collaboration Experience with Airports 15

F. Community Engagement Experience 10

G. Proposed Timeline 15

TOTAL AVAILABLE POINTS 100

I. Interviews and Presentations

The City may invite one or more proposers to provide a formal presentation, answer questions, participate in interviews, submit clarifications, or provide a revised financial and development proposal. The City is not obligated to conduct interviews and may select a proposer based solely on written submissions.

J. Final Selection, Negotiation, and Award

Following evaluation, the City may authorize negotiations with the highest-ranked proposer. If the City cannot reach acceptable terms, it may terminate negotiations and proceed to the next-ranked proposer, negotiate with multiple proposers, modify the transaction, or cancel the solicitation. Selection does not constitute award or create contractual rights. Any final development agreement, ground lease, or related agreement will require approval by the appropriate City authority, including City Council when required, and may require FAA or other governmental approval.

K. Protest Procedure

Any protest must comply with the City of Waco’s current written protest procedure included in or incorporated into the final solicitation. Purchasing Services shall insert the current procedure before issuance.

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APPENDIX A

Scope of Services and Requirements

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DETAILED DEVELOPMENT SCOPE AND REQUIREMENTS

A.1 Master Development Plan

Prepare a cohesive master development plan for the Project Site showing land uses, phasing, infrastructure, access, utilities, drainage, security, landscape, sustainability, signage, design standards, and Airport interfaces.

Coordinate the concept with the Airport Master Plan, Airport Layout Plan, future airfield needs, and operational restrictions.

Update the master development plan as required by approved phasing, market conditions, FAA review, and City direction.

A.2 Phased Delivery

Propose defined Development Phases with legal boundaries, acreage, uses, investment, financing, infrastructure, construction, occupancy, and operational milestones.

Complete all committed phases within fifteen years unless an extension is approved by the City based on documented circumstances and demonstrated performance.

Accept phased land releases and City recapture rights for acreage not timely developed.

A.3 Due Diligence and Entitlements

Perform surveys, title review, environmental assessments, geotechnical studies, drainage studies, utility investigations, traffic and access studies, market validation, airspace analysis, and other investigations required for development.

Obtain all permits, entitlements, environmental approvals, FAA determinations, and utility approvals required for each phase.

Coordinate any proposed ALP amendment or land-use action through the City; the developer may not independently represent the Airport sponsor before the FAA without authorization.

A.4 Infrastructure

Identify all public and private infrastructure required for each phase, including roads, gates, airfield access, taxiways or taxilanes if applicable, water, wastewater, fire flow, power, communications, drainage, stormwater, and site security.

Clearly assign design, permitting, financing, construction, ownership, operation, replacement, and maintenance responsibility.

The City makes no commitment to fund infrastructure unless expressly included in an approved agreement and authorized appropriation.

A.5 Design and Construction

Use licensed professionals and qualified contractors; comply with City codes, Airport standards, FAA requirements, and approved design guidelines.

Coordinate cranes, tall equipment, temporary structures, haul routes, construction access, foreign object debris control, lighting, dust, wildlife attractants, and other construction impacts with Airport management.

Provide performance and payment security, builders risk, quality assurance, commissioning, as-built documents, warranties, and closeout records as required.

A.6 Operations and Property Management

Maintain all leased premises and common areas in a clean, safe, secure, and first-class condition.

Implement tenant standards, inspection programs, emergency procedures, environmental controls, maintenance plans, and reporting systems.

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Coordinate operating hours, airside access, badging, vehicle control, deliveries, special events, emergencies, and tenant compliance with Airport management.

A.7 Asset Management and Reinvestment

Maintain a long-range capital plan, lifecycle replacement schedule, reserve strategy, and annual asset condition report.

Track occupancy, lease expirations, tenant concentration, revenue, operating expenses, maintenance backlog, capital expenditures, energy performance, and risk indicators.

Preserve the value, functionality, appearance, and code compliance of improvements throughout the lease term.

A.8 Leasing and Subleasing

Market the development to qualified, airport-compatible tenants and operators.

Obtain required City approval before subleasing, assigning, transferring control, or materially changing an approved use.

Include City-required flow-down terms in tenant agreements, including Airport rules, nondiscrimination, security, environmental, audit, and termination provisions.

A.9 Community and Economic Benefits

Establish measurable goals for private investment, jobs, wages, local procurement, workforce training, educational partnerships, small-business participation, and community communication.

Provide periodic public-facing progress reports approved by the City and participate in stakeholder meetings when requested.

Create a process for receiving, tracking, responding to, and resolving community concerns.

A.10 Reporting and Performance Management

Submit monthly reports during active design and construction and quarterly reports during operations, unless the City approves a different frequency.

Report schedule, budget, financing, investment, construction, tenants, occupancy, jobs, Airport revenue, incidents, safety, environmental compliance, community engagement, and corrective actions.

Participate in annual performance reviews and provide records supporting all reported results.

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APPENDIX B

Contract Requirements 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) 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

(11) Registered with the Texas Secretary of State

(12) W-9 Taxpayer Identification Form

(13) Electronic Funds Transfer Authorization (EFT Form)

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City of Waco Insurance & Indemnification Requirements Professional Services – Engineer or Architect (10/18/2019)

Insurance Requirements:

The financial integrity of an ENGINEER or ARCHITECT contracting with the City of Waco (sometimes referred to as “contractor” in this document) 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 Engineers (engineers only)

• Products Liability/Completed Operations

• Personal & Advertising Injury

• Broad form property damage, to include fire legal 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)

$3,000,000

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.

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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, policy endorsements, exclusions, and/or relevant extracts from insurance policies, or policies shall be provided prior to the expiration date of any prior certificate, endorsement, or policy. No officer or employee other than the City’s Risk Manager or designee shall have authority to waive this requirement.

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

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

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

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

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

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

Notice of Cancellation, Non-renewal, Material Change. The Contractor shall provide written notification to the City of the cancellation, non-renewal, or material change of any insurance required herein. The Contractor shall provide such written notice within five (5) business days of the date the Contractor is first aware of the cancellation, non-renewal, or material change, or is first aware that the cancellation, non-renewal, or material change is threatened or otherwise may

RFP 2026-035 Page 24 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.

The ENGINEER/ARCHITECT covenants and agrees to FULLY INDEMNIFY and HOLD HARMLESS, the City of Waco and the elected officials, employees, officers, directors, volunteers and representatives of the City, individually and collectively, from and against any and all costs, claims, liens, damages, losses, expenses, fees, fines, penalties, proceedings, actions, demands, causes of action, liability and suits of any kind and nature, including but not limited to, personal or bodily injury, death and property damage, made upon the City directly or indirectly, arising out of, caused by or resulting from (but only to the extent caused by) an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier, committed by the ENGINEER/ARCHITECT or ENGINEER/ARCHITECT’S consultant under contract, or another entity over which the ENGINEER/ARCHITECT exercises control.

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.

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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.

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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.

The following definitions apply to this state statute:

a projectile;

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

(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 2026-035 Page 31 by a regulatory agency; or

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

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

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

(6) "Firearm entity" means:

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

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

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

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

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

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

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

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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):

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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.

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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):

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NOTICE TO COMPLETE FORM 1295

Beginning January 1, 2016, business entities entering into certain contracts with the Waco City Council for services, goods or other property to be used by the City of Waco are 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.

You are receiving this notice because the City of Waco is entering into a contract with your business entity or an existing contract is being changed, amended, extended, or renewed.