ESBD_564620_1791218250445_RFP 2027-001 Comprehensive Energy Consulting (F) 100526.pdf

C I T Y O F W A C O , T E X A S

Purchasing Services Post Office Box 2570

Waco, Texas 76702-2570

Telephone 254 / 750-8060

Fax 254 / 750-8063

REQUEST FOR QUALIFICATIONS

RFQ No. 2027-001 Comprehensive Energy Consulting and Management Services

RFQ 2027-001 Comprehensive Energy and Consultant Mangement Services

R F Q N O . 2 0 2 7 - 0 0 1

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For Information Contact:

Kelly Holecek, Asst. Director of Procurement, 254-750-5767, or kholecek@wacotx.gov

RFP Opening Location:

via Zoom Video Conferencing Only

Zoom & Dial-In Information:

QUALIFICATION OPENING

RFQ NUMBER: 2027-001

DATE: November 3, 2026

TIME: 2:01 P.M. CENTRAL

QUICK LINK:

https://wacotx.zoomgov.com/j/1657333632?pwd=aQAFZrfwZ6DvZFXl4dgA7BIEjOfmyb.1

MEETING ID: 165 733 3632

DIAL IN NUMBER:

PASS CODE: 717924

ADDITIONAL INFORMATION:

RFQ 2027-001 Comprehensive Energy and Consultant Mangement Services mailto:kholecek@wacotx.gov https://wacotx.zoomgov.com/j/1657333632?pwd=aQAFZrfwZ6DvZFXl4dgA7BIEjOfmyb.1

C O M P R E H E N S I V E E N E R G Y C O N S U L T I N G A N D M A N A G E M E N T S E R V I C E S

EUNA / BONFIRE ELECTRONIC BIDDING

The City of Waco utilizes Electronic Bidding, Proposals and Qualification (RFB/RFP & RFQ) submissions through the City’s e-Procurement 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 2027-001 Comprehensive Energy and Consultant Mangement Services https://waco-texas.bonfirehub.com/login

Table of contents Register Interest Form I. Schedule for Solicitation for Sealed Qualifications II. Contact with City of Waco III. Definitions IV. Introduction and Purpose V. Scope of Services VI. Contract Terms VII. Reservations by City VIII. Minimum Qualifications IX. Request for Qualifications – Submission

Requirements X. Evaluation Criteria XI. Selection Process XII. Request for Qualifications – Submission and Award

Procedures

Appendices A. 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

B. Forms to Complete and Return

(1) Submission of Qualifications 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 No. 2027-001 Comprehensive Energy Consulting and Management Services 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:

kholecek@wacotx.gov.

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

Company/Firm:

Name of Contact Person(s):

Email(s):

Telephone:

Mailing Address:

RFQ 2027-001 Comprehensive Energy and Consultant Mangement Services mailto:kholecek@wacotx.gov.

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

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I. SCHEDULE FOR SOLICITATION SEALED

QUALIFICATIONS

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

Tentatively, the final selection decision will be made, and submitters will be notified of intention to award by, December 18, 2026. This schedule is subject to change by the City.

II. CONTACT WITH CITY OF WACO

The contact person for this solicitation process is: Kelly Holecek, Asst. Director of Procurement, who can be reached at:

Email: kholecek@wacotx.gov Telephone: (254) 750-5767 Fax: (254) 750-8063

Questions concerning the solicitation can be submitted through the City of Waco’s e- Procurement portal (Bonfire) 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: Kelly Holecek, Asst. Director of Procurement

300 Austin Avenue

Waco, Texas 76701

•Issuance of the RFQ October 6, 2026

•Deadline for questions at 5:00 P.M. (CST) October 20, 2026

•Proposals Due Date 2:00 P.M.

(CST) November 3, 2026

•Proposal Opening Date at 2:01 P.M. November 3, 2026

•Evaluation of submission November 3 - 9, 2026

•Interviews or Presentations may be conducted

RFQ 2027-001 Comprehensive Energy and Consultant Mangement Services mailto:kholecek@wacotx.gov

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III. DEFINITIONS

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

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

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

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

RFB/RFP/RFQ.

(4) “Project Review Committee” means a committee established by the City to review and score the submitted 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.

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

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

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

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

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

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

(11) “Day” means a calendar or working day (this should be defined based on the bid) unless otherwise specifically defined.

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IV. INTRODUCTION AND PURPOSE

The City of Waco is soliciting qualifications from suppliers to enter into a contract for a complete line of Comprehensive Energy Consulting and Management Services (herein “Services”). The City is not seeking simply an aggregator. This is an effort to achieve cost savings, cost effective pricing, and environmentally responsible services.

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V. SCOPE OF SERVICES

Suppliers are to identify the broadest possible selection of comprehensive energy consulting and management services they offer. Suppliers should have demonstrated experience in providing the services as defined in this RFQ, including but not limited to:

1) Analyzing, defining, and monitoring all elements of energy exposure as well as understanding consumption, including (but not limited to) the consumption of electricity, natural gas and refined products (such as heating oil, gasoline and diesel) and the emission of greenhouse gases. Acting as an Energy Consultant, Supplier is to provide strategic value and insight. It is responsible for providing an external perspective, benchmarking, third party pricing validation as well as purchasing and energy efficiency recommendations.

2) Designing a comprehensive energy management plan, including (but not limited

to) energy procurement including electricity, natural gas and other energy commodities including the purchase of renewable energy credits and renewable energy, demand response, emergency response, demand-side management, energy data management services and solutions, aggregation strategies and services, customer advocacy, supply strategies, risk assessment, contract review and negotiation assistance, market research, bill auditing (including supplying the City with a spreadsheet with each energy bill that allows for easy reconciliation by the City’s Finance Department) and bill payment analysis.

3) Implementing the plan, and monitoring and adjusting over the course of the contract, including (but not limited to) running an efficient procurement process where vetted energy suppliers compete for the business of the City of Waco.

4) Related Services and Solutions – The complete range of services and solutions available from the Supplier.

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VI. CONTRACT TERMS

• Initial term: Two (2) years

• Renewal options: Three (3) additional one-year terms

VII. RESERVATIONS BY CITY:

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

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

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

b. Extend the solicitation closing time and date.

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

d. Procure any item by other allowable means.

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

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

g. Retain all submittals and to use any ideas in a submittal regardless of whether or not that submitter is selected.

h. Reject any or all submissions.

i. Cancel or modify the RFQ.

j. Request clarification or additional information.

VIII. MINIMUM QUALIFICATIONS

Responding firms must meet the following minimum requirements:

1. Respond to this RFQ by the deadline;

2. Experience working with public entities in natural gas, electricity procurement, renewable energy, demand response programs and energy price risk management;

3. Technical expertise in energy management practices;

4. Key personnel with experience working in energy markets;

5. Verifiable experience with consulting on projects of similar size and scope;

projects for other public entities, client references with contact information.

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IX. REQUEST FOR QUALIFICATIONS – SUBMISSION

REQUIREMENTS

A. REQUIREMENTS

(1) Qualified firms should submit their qualifications through the City of Waco’s e-procurement portal (bonfire) at waco-texas.bonfirehub.com/login. These must be received by the date set out above in the Schedule of Solicitation for a submitting firm to be considered.

(2) Respondents shall provide the following:

1. Cover Letter: The vendor will provide a cover letter describing a brief history of its organization. The letter will indicate the principal or officer of the vendor’s organization who will be the City’s primary point of contact during clarifications or negotiations. This individual must have the authority to clarify and/or negotiate all aspects on the scope of services and solutions on behalf of the vendor. An officer authorized to bind the vendor to the terms and conditions of this RFQ must sign the cover letter transmitting the proposal.

2. Executive Summary: The vendor will provide an Executive Summary that presents in brief, concise terms a summary level description of the contents of the Proposal.

3. References: Provide five (5) references of public agencies where services of similar size and scope have been performed in the last twelve (12) months.

References must include organization names, addresses, names of contact persons, and telephone numbers and emails for such references.

4. Supplier Information: Provide responses to the following questions/items:

(a) Does your company have any contractual, business or personal relationship with any Retail Energy Providers that present a conflict of interest in you representing the best interests of the City of Waco? If yes, please explain.

(b) Provide a list with contact information of your company’s five largest public agency customers. Include length of contracts and annual energy usage and dollar volume of each contract.

(c) Provide a list with contact information of any contracts lost within the last year due to performance issues.

(d) Describe your company’s relationships with energy providers.

(e) Describe any work that is subcontracted by your company. Please include the name and location of subcontractors.

RFQ 2027-001 Comprehensive Energy and Consultant Mangement Services

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(f) Provide the resume of the person your company proposes to be dedicated to the City of Waco’s account manager. Also provide the resume of any other key personnel that will be supporting the City of Waco.

(g) If your company has a standard contract that it prefers to use for services, submit a copy for review. The City reserves the right to draft a contract for the services rather than using the contract form submitted.

5. Services and Solutions Offered:

(a) Provide a description of your company’s Comprehensive Energy Consulting and Management Services.

1. Describe how your company evaluates current market conditions and identifies optimum energy procurement strategies which will allow the City to achieve optimum cost and reliability benefits in the procurement of energy resources.

2. Describe how your company can assist the City with the development of a plan for procurement and delivery of natural gas, oil and electricity to the City’s facilities. Provide an example of a plan which considers opportunities for the City resulting from current developments in the energy markets.

3. Describe how your company can assist with the development of one or more procurement solicitation(s) for the supply of energy sources to the City’s facilities.

4. Describe how your company can assist with the evaluation of responses to the procurement solicitation(s) with particular emphasis on evaluation of the financial viability and reliability of potential energy suppliers.

5. Describe how your company can assist with contract negotiation and formation.

6. Describe how your company can assist with market monitoring and price management services as necessary.

7. Describe how your company can assist with analyzing retail providers’ utility rates and programs.

8. Describe how your company can execute and manage the ongoing day-to-day details of securing energy supply contracts on behalf of City facilities.

9. Describe how your company can assist with developing a contract focused on implementing measurable goals and objectives of managing energy consumption, load profiles, budget, account management and auditing energy bills.

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10. Describe how your company can assist with researching alternative energy options.

11. Describe how your company can evaluate and suggest alternatives in terms of price and delivery options.

12. Describe how your company can assist with participation in Demand

Response programs.

13. Describe how your company can measure and evaluate energy market risks and opportunities; provide expert market evaluation and recommendations with data analysis to minimize risk and seize market opportunities in the procurement of natural gas, electricity and other energy sources.

14. Describe how your company can assist with invoice processing to verify the accuracy of supplier and utility invoices, ensuring transparent and accurate billing and how you can help to resolve billing issues.

(b) Describe any additional Comprehensive Energy Consulting and Management Services offered by your company.

(c) Describe any related services and solutions offered by your company.

(d) Describe the capacity of your company to broaden the scope of the contract and keep the service offerings current and ensure the latest emerging technologies and trends for Energy Consulting and Management Services.

6. Completed and signed copies of forms included in RFQ:

(a) Include the completed forms from this RFQ. Forms must be signed by a representative of the company authorized to bind the firm contractually.

7. Proof of current insurance coverage.

X. EVALUATION CRITERIA

Submittals should be as complete and accurate as possible. The City reserves the right to request additional information or clarifications, oral discussions, or presentations in support of the submittal. The City also reserves the right to allow corrections of errors or omissions. Submissions will be evaluated on the following weighted criteria:

A. Firm Experience & Portfolio Strength – 40%

B. Capacity, Staffing & Resources – 25%

• Breadth of team and professional qualifications

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• Ability to manage multiple assignments simultaneously

C. Services and Solutions Offered – 25%

D. References & Past Performance – 10%

• Quality of past performance with municipal or institutional clients, including references.

• Reliability, timeliness, communication, and professionalism.

XI. SELECTION PROCESS

1. The City will evaluate submittals according to the criteria above.

2. Shortlisted firms may be invited to interviews or presentations.

3. Negotiations will be held to establish contract terms and fee expectations.

4. Final contract award(s) will be presented to City Council for approval.

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XII. REQUEST FOR QUALIFICATIONS – SUBMISSION

AND AWARD PROCEDURES

A. Response Date and Location

Responses to this solicitation must be received by 2:00 p.m. (Central Time) on November 3, 2026 via the Euna / Bonfire portal at waco-texas.bonfirehub.com/login.

Proposals will be opened at 2:01 P.M. (Central Time) on November 3, 2026

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

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

B. SUBMISSION VALIDITY PERIOD

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

C. COST TO DEVELOP SUBMISSION

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

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

Contract Requirements

Please be advised:

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

(1) City of Waco General Terms & Conditions

(2) Additional Terms for Service

(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

General Waco Terms and Conditions (11/01/2017) Page 1

APPENDIX B.(1)

General Waco Terms and Conditions

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

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

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

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

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

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

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

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

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

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

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

General Waco Terms and Conditions (11/01/2017) Page 2 claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party.

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

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

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

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

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

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

General Waco Terms and Conditions (11/01/2017) Page 3

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

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

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

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

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

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

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

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

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

Additional Terms for Services (05/22/2016) Page 1

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.

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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.

Additional Terms for Services (05/22/2016) Page 3

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.

City of Waco Insurance & Indemnification Requirements Professional Services – Not Engineer or Architect (03/22/2019)

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

• 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 (if any)

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)

$500,000

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 three (3) 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.

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 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.

A CONTRACTOR EXECUTING A CONTRACT WITH THE CITY AGREES TO ASSUME

FULL RESPONSIBILITY AND LIABILITY FOR THE SERVICES RENDERED PURSUANT TO

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

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

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

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

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

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

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

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

DEMANDS, CAUSES OF ACTIONS ARE CAUSED BY CONCURRENT NEGLIGENCE OF

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

CONCURRENT NEGLIGENCE OF THE CITY AND SOME OTHER THIRD PARTY.

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

TEXAS SALES TAX EXEMPTION INFORMATION

Under section 151.309 of the Texas Tax Code, the City of Waco is exempt the payment of sales tax. In addition, when the City contracts with a third party to make certain improvements to real property, purchases of materials/consumable items that are physically incorporated into that real property are also exempt from sales tax. In other words, materials and supplies that are entirely consumed or used up on a construction job for the City of Waco can be purchased without paying state and local sales tax. Items qualifying for this exemption must be used up entirely on a job for the City of Waco.

To claim this exemption, a contractor purchasing materials and supplies (as the buyer of the materials and supplies) will have to complete a Texas Sales and Use Tax Exemption Certification form to submit to the seller at the time of the purchase. The exemption form is available on the Texas Comptroller website at:

http://www.window.state.tx.us/taxinfo/taxforms/01-forms.html http://www.window.state.tx.us/taxinfo/taxforms/01-339.pdf

(The City of Waco will provide an executed exemption certification to the contractor awarded a construction contract to assist in making claim for the sales tax exemption for materials to be used under that contract.)

In completing the exemption form, a contractor will:

(1) list itself as the purchaser, not the City of Waco;

(2) fill in the name and required information about the seller;

(3) describe the item being purchased or attached order or invoice – the only items included must be items that will be entirely consumed or used in the project for the City of Waco;

(4) state reason for claiming the exemption (suggested wording – “Taxable item purchased for use under contract to improve realty for exempt organization, namely the City of Waco, Texas, for Project or Job No. ___” or “Materials/supplies will be used entirely in an exempt contract for the City of Waco, Texas, for Project or Job No. ___”).

The state statutes and rules related to sales tax can be accessed from the Texas Comptroller website:

http://www.window.state.tx.us/taxinfo/sales/

State statutes regarding sales tax can be found in Texas Tax Code Chapter 151 at:

http://www.capitol.state.tx.us/statutes/docs/TX/content/htm/tx.002.00.000151.00.htm

Rules related to sales tax in the Texas Administrative Code can be found at:

http://info.sos.state.tx.us/pls/pub/readtac$ext.ViewTAC?tac_view=5&ti=34&pt=1&ch=3&sch=O&rl=Y 34 TAC Section 3.291 in Subchapter O deals specifically with Contractors.

The above information is being provided to assist contractors and is therefore general in nature. It is not a substitute for advice from the contractor’s attorney or accountant.

PLEASE SIGN AND RETURN WITH BID

RFQ 2027-001 Comprehensive Energy and Consultant Mangement Services http://www.window.state.tx.us/taxinfo/taxforms/01-forms.html http://www.window.state.tx.us/taxinfo/taxforms/01-339.pdf http://www.window.state.tx.us/taxinfo/sales/ http://www.capitol.state.tx.us/statutes/docs/TX/content/htm/tx.002.00.000151.00.htm…