ESBD_File_336442_RFB 2023-066 Bid Package.pdf

City of Waco, Texas

Request for Bid RFB No. 2023-066

City of Waco District 3 Fire Station Maintenance

Issue Date: September 14, 2023 Closing Date & Time: October 12, 2023, at 2:00 p.m.

Opening Date & Time: October 12, 2023, at 2:05 p.m.

RFB Opening Location: Purchasing Services Office, 1415 N. 4th Street, Waco, Texas

For Information Contact: Daryle Bullard, Purchasing Services, 254-750-6616

A Non-Mandatory Pre-Bid Meeting via Zoom Video Conference on

Zoom & Dial-In Information See Page 3

Purchasing Services Post Office Box 2570

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

Fax 254 / 750-8063 www.waco-texas.com

RFB 2023-066 Page 1 http://www.waco-texas.com/

BONFIRE ELECTRONIC BIDDING

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

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

• Register with the City of Waco.

• Receive notifications for bids and services requests from the City.

• Stay updated on changes, addendums, open solicitations.

• Submit bids and proposals electronically.

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

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

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

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

MINORITY, WOMEN-OWENED BUSINESS ENTERPRISE (MWBE)

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

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

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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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Register Interest Form

I. Schedule for Solicitation II. Contact with City of Waco III. Definitions IV. Requested Services / Products

V. Request for Bids – Submission and Award Procedures

Appendices A. Services/Products Bid Forms

(1) Pricing Form(s) B. Contract Requirements

(1) City of Waco General Terms and Conditions

(2) Additional Terms of Service

(3) Insurance & Indemnification Requirements

(4) Worker’s Compensation

(5) Wage Rates

(6) Sales Tax Information

(7) House Bill 1295 Information Sheet

(8) Protest Procedure

(9) Sample Contract Form

(10) W-9 Form C. Forms to Complete and Return

(1) Submission of Bid/Proposal and Acknowledgment of Addenda

(2) Business Identification Form

(3) Application for Local Preference Consideration 271.905b

(4) Application for Local Preference Consideration 271.9051b

(5) Conflict of Interest Questionnaire (CIQ Form)

(6) Disclosure of Relationships with City Council/Officers (City Charter)

(7) House Bill 89 Energy Form

(8) House Bill 89 Gun Form

(9) House Bill 89 Israel Form

(10) Minority/Women Owned Business

(11) Litigation Disclosure

(12) Certification Regarding Debarment

(13) Non-Collusion Affidavit

(14) Resident Certification

(15) Texas Public Information Act

(16) Drug Free Workplace

D. Specifications

(1) Mowing Maps

TABLE OF CONTENTS

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City of Waco, Texas RFB No. 2023-066

City of Waco District 3 Fire Station Maintenance

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:

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

City of Waco Purchasing Services Post Office Box 2570

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

Fax 254 / 750-8063 www.waco-texas.com

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

Issuance of the RFB Pre-Bid Meeting: 10:00 a.m., CT Deadline for Questions: 5:00 p.m., CT Bid Open & Close Date, 2:05 p.m., CT

Tentatively, the final selection decision will be made, and submitters will be notified of award by October, 2023. This schedule is subject to change by the City.

II. Contact with City of Waco The contact person for this solicitation process is: Daryle Bullard, Sr. Purchasing Agent who can be reached at:

Email: daryleb@wacotx.gov Telephone: (254) 750-6616 Fax: (254) 750-8063 Questions concerning the solicitation can be submitted through the City of Waco’s Bonfire portal at https://waco-texas.bonfirehub.com/login (preferred) or by email to the contact person listed above.

Via U.S. Mail:

City of Waco Purchasing Services Attn: Daryle Bullard, Sr. Purchasing Agent P.O. Box 2570 Waco, Texas 76702-2570

Via Delivery Services/Personal Delivery:

City of Waco Purchasing Services Attn: Daryle Bullard, Sr. Purchasing Agent 1415 North 4th Street Waco, Texas 76707 NOTE: US Mail does NOT deliver to street address

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

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

A complete copy of this RFB, including information for bidders, bid forms, contract forms, plans, specifications, and all other contract documents related to this project are available at https://www.waco-texas.com/bids.asp.

September 14, 2023 September 27, 2023 October 6, 2023 October 12, 2023

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DaryleB Cross-Out

DaryleB Cross-Out https://waco-texas.bonfirehub.com/login https://waco-texas.bonfirehub.com/login http://www.waco-texas.com/bids.asp https://www.waco-texas.com/bids.asp

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) “Bid” or “Submission” refers to a response submitted to an RFB.

(4) “RFB” means and refers to a Request for Bid that will be awarded based on lowest responsible bid or best value to City of Waco.

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

(6) “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.

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

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

(9) “Contract Documents” includes the RFB, and all the Appendices attached to the RFB.

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

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IV. REQUESTED SERVICES

Scope of Services

The primary purpose of this project is for the general grounds’ maintenance of three (3) City of Waco Fire Stations, and one vacant lot in District 3. See attached maps. Work may be performed Monday through Friday.

This contract will be for a term of three years.

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

Special Specifications

1. Shrubs, Ground Cover and Vines

a. Pruning

1. Shrubs and vines must be trimmed as needed to permit unobstructed passage to residents or vehicles. Trimming near vehicular entry or exits shall be carried out to prevent sight obstructions.

2. Shrubs shall be pruned to conform with the design concept of the landscape.

Individual shrubs shall not be clipped into balled or boxed forms except where specifically instructed.

3. Vines shall be pruned to control growth and direction, and shall not be allowed to grow over windows, doors, or other structural features, unless directed by a representative of the City of Waco. Vines shall not be allowed to grow over the crowns of shrubs or trees.

4. Trees shall be pruned free of suckers during each mowing cycle.

b. Fertilization

1. Shrubs and vines need to be fertilized annually. Apply an appropriate slow-release, long lasting complete fertilizer, at the manufacturer's recommended application rate.

2. All plants shall be observed for signs of nutrient deficiencies and treated to correct deficiencies throughout the year. Nutrient deficiency shall be brought to the attention of the City of Waco and properly identified prior to treatment.

c. Ground Covers

1. Established ground covers bordering sidewalks or curbs shall be edged as often as necessary to prevent encroachment.

2. Ground covers shall not be allowed to touch or cover the crowns of shrubs and trees.

3. Fertilization shall coincide with the growing season of each specific ground cover.

One application of a complete fertilizer in the spring, per manufacturer's recommended rate, is adequate for established ground covers.

d. Weed Control in Landscaped/Shrub Areas

1. All areas shall be kept free of weeds during each mowing cycle. Chemical and/or mechanical means may be used as appropriate.

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2. Before applying herbicides, the type of weed shall be identified and the control selected accordingly, using the most effective control for the species, location, and season.

3. The manager/owner shall be provided with the labeling (MSDS) for each herbicide proposed before the product is applied.

4. Post emergent shall be sprayed at the manufacturer’s recommended rates.

2. Turf

a. Mowing

1. Lawns shall be maintained consistently to prevent scalping or burn. The mowing height shall be appropriate to the turf species.

2. Excessive clippings shall be cleaned from adjacent sidewalks, parking areas and streets.

b. Edging

1. All lawn edges along sidewalks and curbs shall be edged with each mowing during the active growing season and as required for appearance for the remainder of the year.

2. Edging shall appear as a clean, straight line.

3. A line trimmer shall be used to trim around obstacles within the lawn area. Care shall be taken to ensure that the bark of trees and shrubs are not damaged or stripped by the line trimmer.

c. Fertilization

1. A general fertilizer shall be applied at a rate of 1 lb. of nitrogen per 1000 square feet, 2x per year.

2. This fertilizer shall be applied using a slow-release formula with a pre-emerge herbicide impregnated within the fertilizer pellets.

3. Fertilizer shall only be used on irrigated turf areas.

d. Disease and Pest Control

1. All chemical controls must be applied under the supervision of a licensed and qualified pest control applicator, following the procedures set forth in the labeling of the product, as required by law.

2. Healthy plants and lawns should be able to withstand minor disease and insect damage without controls. Routine application of pesticides shall not be practiced, as this destroys natural predator-prey relationships in the environment.

3. Where unusually high infestations or infections occur, an accurate identification of the disease or insect shall be made, and the control selected with care prior to application.

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4. Copies of the labeling for each pesticide used shall be provided to the City of Waco staff prior to the product being applied.

e. Mowing/Shredding Vacant Lots

1. Mow/shred vacant lots at areas per attached maps. Weed eat, edge, blow clippings and pick up trash every mowing/shredding cycle.

3. Hard Surfaces

1. All paved/concrete surfaces, walkways, and patio areas shall be swept or blown off as necessary to accomplish a finished appearance.

2. Hard surfaces shall be kept clean of undesirable vegetation on a consistent basis.

4. Debris Removal

1. Litter and trash shall be removed from all areas on a weekly basis.

2. All refuse resulting from the maintenance operation of properties shall be removed from the property by the contractor.

V. REQUEST FOR BIDS – SUBMISSION AND AWARD PROCEDURES

A. Requirements

(1) Qualified vendors should submit one (1) original and one (1) copy plus one (1) PDF version on a flash drive of the Pricing Forms for the services/products sought by this solicitation and complete all the required forms by the stated deadline.

(2) Pricing Forms and Submission

(a) Pricing Forms.

1. Bids are to be submitted with a response on each item and the total extended. More than one (1) bid may be submitted on items that meet the specifications and the other RFB requirements.

2. Pricing is to be submitted on units of quantity specified on the Pricing Form with extended totals. In the event of a discrepancy in any extension total, the unit prices shall govern and be binding for purposes of this RFB.

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

(b) Equipment Submittals

1. Each submission should be accompanied by a complete equipment submittal for the equipment bidder proposes to use for the project.

2. Refer to project specification for submittal requirements.

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B. Completeness of Submission

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

(2) The vendor must attach all required forms with each submission copy. Forms must be signed by a representative of the vendor authorized to bind the vendor contractually. The vendor must include a statement identifying any exceptions to this RFB or declare that there are no exceptions taken to the RFB.

C. Bid Response Date and Location Bids must be received at the office of Purchasing Department by 2:00 p.m. (Central Time) on October 12, 2023. The City prefers that vendors use the new Bonfire portal at https://waco-texas.bonfirehub.com/login, paper submissions will still be received at the address listed below.

Interested parties may submit their bids Via Delivery Services or Personal Delivery to:

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

Interested parties may also submit their bids through U.S. Mail delivered to:

City of Waco Purchasing Services Attn: Daryle Bullard, Sr. Purchasing Agent P.O. Box 2570 Waco, Texas 76702-2570

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

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

“RFB 2023-066, City of Waco District 3 Fire Station Maintenance”

Bid Opening: 2:05 p.m. (Central Time) on October 12, 2023, via Zoom Video Conferencing. Please see Page 3

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

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

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

D. Modification to or Withdrawal of Submission Submissions cannot be altered or amended after the submission deadline passes.

Submissions may be modified prior to the deadline by providing a written notice to the Purchasing contact person at the address previously stated. To modify a submission prior to the submission deadline:

(1) Submit a written notice of the modification WITHOUT revealing the bid price.

The modification should provide the addition, subtraction, or other modifications so that the final prices or terms will not be revealed to the City until the sealed bid is opened.

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

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

A submission may also be withdrawn by providing the notice in person by a representative of the vendor who can provide proof of his authority to act for the vendor.

The representative will be required to execute a receipt reflecting the submission is being withdrawn. If a submission is withdrawn before the submission deadline stated herein, the vendor may submit a new sealed bid provided the new bid is received prior to the closing date and time deadline stated on the cover page and in the Schedule for the Solicitation. This provision does not change the common law right of a submitter to withdraw a submission due to a material mistake in the submission.

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

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F. Vendor’s Cost to Develop Submission Costs for developing and assembling submissions in response to this solicitation are entirely the responsibility and obligation of the vendor and shall not be reimbursed in any manner by the City.

G. References The City reserves the right to request that a vendor provide references.

H. Method of Award and Evaluation of Factors [x in box shows applicable]

(1) For this solicitation, the City will award the contract to the:

Lowest responsible bidder Bidder who provides goods or services at the best value for the City.

(2) Lowest Responsible Bidder:

(a) The contract will be awarded to the lowest responsible bidder based on the base bid plus any selected alternatives provided the amount does not exceed the funds then estimated by the City as available to finance the contract.

(b) If the contract is bid with alternatives, the City reserves the right to select any combination of alternatives and will then compare all bids using the selected alternatives. If the amount of the bids exceeds the funds available to finance the contract, the City may (i) reject all bids or (ii) may award the contract based on the base bid with such deductions as produces a net total which is available within the available funds.

(3) Best Value:

(a) In determining best value for the City, the City may consider:

1. the purchase price;

2. the reputation of the bidder and of the bidder’s goods or services;

3. the quality of the bidder’s goods or services;

4. the extent to which the goods or services meet the municipality’s needs;

5. the bidder’s past relationship with the municipality;

6. the impact on the ability of the municipality to comply with laws and rules relating to contracting with historically underutilized businesses and non-profit organizations employing persons with disabilities;

7. the total long-term cost to the municipality to acquire the bidder’s good or services; and

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(b) Compliance with all bid requirements, delivery and needs of the City are considerations in evaluating bids. The City of Waco reserves the right to contact any offeror, at any time, to clarify, verify or request information regarding any bid.

(4) During the evaluation process, the City reserves the right, where it may serve the City’s best interest, to request additional information or clarifications from bidders.

I. Contact Award and Execution The final contract must be awarded and approved by the Waco City Council if the amount of the contract will exceed $50,000.00. If the contract is for less than that amount, depending on the amount, the contract may be executed by the City Manager, an Assistant City Manager, department head or director.

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APPENDIX A

Services/Products Bid Forms

(1) Pricing Form(s)

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CITY OF WACO

OFFICIAL BID

SHEET

RFB 2023-066

City of Waco District 3 Fire Station Maintenance

DATE: _____________________

BIDDER:

AUTHORIZED SIGNATURE:

1. In submitting this bid, I certify,

a. Items bid are in exact accordance with specifications, unless noted in bid.

b. Prices in this bid have been arrived at independently, without consultation or agreement with any competitor for the purpose of restricting competition.

PRICING INFORMATION

NOTE: Depending on unit prices, requirements and approved budgeted funds, quantities may be reduced or increased during the project period.

Item No.

Task Description

Total Rotations

Cost Per Rotation

Total Contract Cost

1.0 Mow, edge, string trim, blow

grass, remove litter from turf areas

135 $ $

2.0 Apply fertilizer to irrigated turf areas

(September and February)

6 $ $

3.0 Trim, raise low limbs, trim ground

cover in landscape areas, cleanup debris from landscaping

24 $ $

4.0 Apply fertilizer to landscaping (Spring) 3 $ $

5.0 Mow vacant lots. See attached maps.

Mow bi-weekly.

72 $ $

6.0 Project Total Cost $

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APPENDIX B

Contract Requirements

(1) City of Waco General Terms and Conditions

(2) Additional Terms of Service

(3) Insurance & Indemnification Requirements

(4) Worker’s Compensation

(5) Wage Rates

(6) Sales Tax Information

(7) House Bill 1295 Information Sheet

(8) Protest Procedure

(9) Sample Contract Form

(10) W-9 Form

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City of Waco Insurance & Indemnification Requirements Basic (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

• Independent Contractors

• 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).

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

Proof of Insurance Required and When to Submit:

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

When to Submit. Prior to the execution of the contract by the City of Waco and before commencement of any work under this contract, a contractor shall furnish proof of

RFB 2023-066 Page 24 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 and Employers’ Liability, the City, its elected officials, officers, servants, agents, volunteers, and employees shall be named as additional insureds. No officer or employee, other than the City Risk Manager or designee, shall have authority to waive this requirement.

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

Agent Information. The certificate(s) or other proof of insurance must be completed by the broker of record and must be signed and include the agent information including the agent’s 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

RFB 2023-066 Page 25 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.

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3/22/22, 2:30 PM SAM.gov https://sam.gov/wage-determination/2015-5261/16 1/12

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

THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION

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

| WASHINGTON D.C. 20210

| Wage Determination No.: 2015-5261

Daniel W. Simms Division of | Revision No.: 16 Director Wage Determinations| Date Of Last Revision: 12/27/2021 Note: Contracts subject to the Service Contract Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658.

If the contract is entered into on or after January 30 2022 or the contract is renewed or extended (e.g. an option is exercised) on or after January 30 2022 Executive Order 14026 generally applies to the contract. The contractor must pay all covered workers at least $15.00 per hour (or the applicable wage rate listed on this wage determination if it is higher) for all hours spent performing on that contract in 2022.

If the contract was awarded on or between January 1 2015 and January 29 2022 and the contract is not renewed or extended on or after January 30 2022 Executive Order 13658 generally applies to the contract. The contractor must pay all covered workers at least $11.25 per hour (or the applicable wage rate listed on this wage determination if it is higher) for all hours spent performing on that contract in 2022.

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

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

State: Texas

Area: Texas Counties of Falls McLennan

**Fringe Benefits Required Follow the Occupational Listing**

OCCUPATION CODE - TITLE FOOTNOTE RATE

01000 - Administrative Support And Clerical Occupations 01011 - Accounting Clerk I 14.19 01012 - Accounting Clerk II 15.94 01013 - Accounting Clerk III 17.82 01020 - Administrative Assistant 24.03 01035 - Court Reporter 18.14 01041 - Customer Service Representative I 12.40 01042 - Customer Service Representative II 13.54 01043 - Customer Service Representative III 15.21 01051 - Data Entry Operator I 14.01 01052 - Data Entry Operator II 15.28 01060 - Dispatcher Motor Vehicle 17.08 01070 - Document Preparation Clerk 16.73

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01090 - Duplicating Machine Operator 16.73 01111 - General Clerk I 12.73 01112 - General Clerk II 13.89 01113 - General Clerk III 15.60 01120 - Housing Referral Assistant 20.22 01141 - Messenger Courier 14.09 01191 - Order Clerk I 17.79 01192 - Order Clerk II 19.41 01261 - Personnel Assistant (Employment) I 16.72 01262 - Personnel Assistant (Employment) II 18.70 01263 - Personnel Assistant (Employment) III 20.84 01270 - Production Control Clerk 20.26 01290 - Rental Clerk 13.61 01300 - Scheduler Maintenance 16.22 01311 - Secretary I 16.22 01312 - Secretary II 18.14 01313 - Secretary III 20.22 01320 - Service Order Dispatcher 15.13 01410 - Supply Technician 24.03 01420 - Survey Worker 16.18 01460 - Switchboard Operator/Receptionist 13.75 01531 - Travel Clerk I 14.07 01532 - Travel Clerk II 15.42 01533 - Travel Clerk III 16.70 01611 - Word Processor I 14.44 01612 - Word Processor II 16.22 01613 - Word Processor III 18.14 05000 - Automotive Service Occupations 05005 - Automobile Body Repairer Fiberglass 21.01 05010 - Automotive Electrician 19.52 05040 - Automotive Glass Installer 18.26 05070 - Automotive Worker 18.26 05110 - Mobile Equipment Servicer 15.72 05130 - Motor Equipment Metal Mechanic 20.79 05160 - Motor Equipment Metal Worker 18.26 05190 - Motor Vehicle Mechanic 20.79 05220 - Motor Vehicle Mechanic Helper 14.45 05250 - Motor Vehicle Upholstery Worker 16.98 05280 - Motor Vehicle Wrecker 18.26 05310 - Painter Automotive 19.52 05340 - Radiator Repair Specialist 18.26 05370 - Tire Repairer 15.08 05400 - Transmission Repair Specialist 20.79 07000 - Food Preparation And Service Occupations 07010 - Baker 13.09 07041 - Cook I 11.36 07042 - Cook II 13.19 07070 - Dishwasher 10.97 07130 - Food Service Worker 11.47 07210 - Meat Cutter 16.66 07260 - Waiter/Waitress 9.11 09000 - Furniture Maintenance And Repair Occupations 09010 - Electrostatic Spray Painter 15.59 09040 - Furniture Handler 10.15 09080 - Furniture Refinisher 15.59 09090 - Furniture Refinisher Helper 11.99 09110 - Furniture Repairer Minor 13.82 09130 - Upholsterer 15.59 11000 - General Services And Support Occupations 11030 - Cleaner Vehicles 10.85 11060 - Elevator Operator 11.49 11090 - Gardener 17.20 11122 - Housekeeping Aide 11.49 11150 - Janitor 11.49 11210 - Laborer Grounds Maintenance 13.20

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11240 - Maid or Houseman 10.21 11260 - Pruner 11.69 11270 - Tractor Operator 15.82 11330 - Trail Maintenance Worker 13.20 11360 - Window Cleaner 12.97 12000 - Health Occupations 12010 - Ambulance Driver 20.76 12011 - Breath Alcohol Technician 20.76 12012 - Certified Occupational Therapist Assistant 30.65 12015 - Certified Physical Therapist Assistant 34.71 12020 - Dental Assistant 16.78 12025 - Dental Hygienist 35.84 12030 - EKG Technician 31.46 12035 - Electroneurodiagnostic Technologist 31.46 12040 - Emergency Medical Technician 20.76 12071 - Licensed Practical Nurse I 18.57 12072 - Licensed Practical Nurse II 20.76 12073 - Licensed Practical Nurse III 23.14 12100 - Medical Assistant 15.43 12130 - Medical Laboratory Technician 25.74 12160 - Medical Record Clerk 16.56 12190 - Medical Record Technician 18.53 12195 - Medical Transcriptionist 18.57 12210 - Nuclear Medicine Technologist 45.62 12221 - Nursing Assistant I 11.47 12222 - Nursing Assistant II 12.89 12223 - Nursing Assistant III 14.07 12224 - Nursing Assistant IV 15.80 12235 - Optical Dispenser 13.82 12236 - Optical Technician 18.57 12250 - Pharmacy Technician 18.39 12280 - Phlebotomist 17.92 12305 - Radiologic Technologist 29.29 12311 - Registered Nurse I 22.06 12312 - Registered Nurse II 26.98 12313 - Registered Nurse II Specialist 26.98 12314 - Registered Nurse III 32.65 12315 - Registered Nurse III Anesthetist 32.65 12316 - Registered Nurse IV 39.13 12317 - Scheduler (Drug and Alcohol Testing) 25.71 12320 - Substance Abuse Treatment Counselor 25.15 13000 - Information And Arts Occupations 13011 - Exhibits Specialist I 20.51 13012 - Exhibits Specialist II 25.40 13013 - Exhibits Specialist III 31.07 13041 - Illustrator I 20.51 13042 - Illustrator II 25.40 13043 - Illustrator III 31.07 13047 - Librarian 28.13 13050 - Library Aide/Clerk 11.97 13054 - Library Information Technology Systems 25.40 Administrator 13058 - Library Technician 20.51 13061 - Media Specialist I 18.32 13062 - Media Specialist II 20.51 13063 - Media Specialist III 22.86 13071 - Photographer I 17.88 13072 - Photographer II 20.00 13073 - Photographer III 24.77 13074 - Photographer IV 30.30 13075 - Photographer V 36.66 13090 - Technical Order Library Clerk 15.74 13110 - Video Teleconference Technician 18.32 14000 - Information Technology Occupations 14041 - Computer Operator I 18.21

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14042 - Computer Operator II 20.36 14043 - Computer Operator III 22.69 14044 - Computer Operator IV 25.22 14045 - Computer Operator V 27.93 14071 - Computer Programmer I (see 1) 20.12 14072 - Computer Programmer II (see 1) 24.52 14073 - Computer Programmer III (see 1) 14074 - Computer Programmer IV (see 1) 14101 - Computer Systems Analyst I (see 1) 27.20 14102 - Computer Systems Analyst II (see 1) 14103 - Computer Systems Analyst III (see 1) 14150 - Peripheral Equipment Operator 17.27 14160 - Personal Computer Support Technician 24.22 14170 - System Support Specialist 32.77 15000 - Instructional Occupations 15010 - Aircrew Training Devices Instructor (Non-Rated) 27.20 15020 - Aircrew Training Devices Instructor (Rated) 32.53 15030 - Air Crew Training Devices Instructor (Pilot) 38.99 15050 - Computer Based Training Specialist / Instructor 27.20 15060 - Educational Technologist 31.07 15070 - Flight Instructor (Pilot) 38.99 15080 - Graphic Artist 20.87 15085 - Maintenance Test Pilot Fixed Jet/Prop 41.36 15086 - Maintenance Test Pilot Rotary Wing 41.36 15088 - Non-Maintenance Test/Co-Pilot 41.36 15090 - Technical Instructor 23.85 15095 - Technical Instructor/Course Developer 29.18 15110 - Test Proctor 19.37 15120 - Tutor 19.37 16000 - Laundry Dry-Cleaning Pressing And Related Occupations 16010 - Assembler 9.61 16030 - Counter Attendant 9.61 16040 - Dry Cleaner 13.00 16070 - Finisher Flatwork Machine 9.61 16090 - Presser Hand 9.61 16110 - Presser Machine Drycleaning 9.61 16130 - Presser Machine Shirts 9.61 16160 - Presser Machine Wearing Apparel Laundry 9.61 16190 - Sewing Machine Operator 14.16 16220 - Tailor 15.29 16250 - Washer Machine 10.98 19000 - Machine Tool Operation And Repair Occupations 19010 - Machine-Tool Operator (Tool Room) 20.17 19040 - Tool And Die Maker 25.28 21000 - Materials Handling And Packing Occupations 21020 - Forklift Operator 16.60 21030 - Material Coordinator 20.26 21040 - Material Expediter 20.26 21050 - Material Handling Laborer 13.25 21071 - Order Filler 15.00 21080 - Production Line Worker (Food Processing) 16.60 21110 - Shipping Packer 15.64 21130 - Shipping/Receiving Clerk 15.64 21140 - Store Worker I 10.68 21150 - Stock Clerk 15.26 21210 - Tools And Parts Attendant 16.60 21410 - Warehouse Specialist 16.60 23000 - Mechanics And Maintenance And Repair Occupations 23010 - Aerospace Structural Welder 29.13 23019 - Aircraft Logs and Records Technician 22.21 23021 - Aircraft Mechanic I 27.39 23022 - Aircraft Mechanic II 29.13 23023 - Aircraft Mechanic III 30.83 23040 - Aircraft Mechanic Helper 18.90 23050 - Aircraft Painter 25.51

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23060 - Aircraft Servicer 22.21 23070 - Aircraft Survival Flight Equipment Technician 25.51 23080 - Aircraft Worker 23.87 23091 - Aircrew Life Support Equipment (ALSE) Mechanic 23.87 I 23092 - Aircrew Life Support Equipment (ALSE) Mechanic 27.39

II

23110 - Appliance Mechanic 20.24 23120 - Bicycle Repairer 16.31 23125 - Cable Splicer 27.25 23130 - Carpenter Maintenance 17.93 23140 - Carpet Layer 18.94 23160 - Electrician Maintenance 24.28 23181 - Electronics Technician Maintenance I 25.69 23182 - Electronics Technician Maintenance II 27.45 23183 - Electronics Technician Maintenance III 29.77 23260 - Fabric Worker 17.62 23290 - Fire Alarm System Mechanic 21.93 23310 - Fire Extinguisher Repairer 16.31 23311 - Fuel Distribution System Mechanic 26.79 23312 - Fuel Distribution System Operator 20.27 23370 - General Maintenance Worker 17.11 23380 - Ground Support Equipment Mechanic 27.39 23381 - Ground Support Equipment Servicer 22.21 23382 - Ground Support Equipment Worker 23.87 23391 - Gunsmith I 16.31 23392 - Gunsmith II 18.94 23393 - Gunsmith III 21.57 23410 - Heating Ventilation And Air-Conditioning 19.36 Mechanic 23411 - Heating Ventilation And Air Contidioning 20.58 Mechanic (Research Facility) 23430 - Heavy Equipment Mechanic 23.01 23440 - Heavy Equipment Operator 19.90 23460 - Instrument Mechanic 21.57 23465 - Laboratory/Shelter Mechanic 20.24 23470 - Laborer 13.25 23510 - Locksmith 20.02 23530 - Machinery Maintenance Mechanic 22.91 23550 - Machinist Maintenance 21.12 23580 - Maintenance Trades Helper 15.34 23591 - Metrology Technician I 21.57 23592 - Metrology Technician II 22.92 23593 - Metrology Technician III 24.32 23640 - Millwright 21.57 23710 - Office Appliance Repairer 20.57 23760 - Painter Maintenance 17.15 23790 - Pipefitter Maintenance 24.43 23810 - Plumber Maintenance 22.94 23820 - Pneudraulic Systems Mechanic 21.57 23850 - Rigger 21.57 23870 - Scale Mechanic 18.94 23890 - Sheet-Metal Worker Maintenance 18.61 23910 - Small Engine Mechanic 18.94 23931 - Telecommunications Mechanic I 26.38 23932 - Telecommunications Mechanic II 32.26 23950 - Telephone Lineman 25.92 23960 - Welder Combination Maintenance 18.79 23965 - Well Driller 21.57 23970 - Woodcraft Worker 21.57 23980 - Woodworker 16.31 24000 - Personal Needs Occupations 24550 - Case Manager 16.87 24570 - Child Care Attendant 9.80 24580 - Child Care Center Clerk 12.23

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24610 - Chore Aide 10.74 24620 - Family Readiness And Support Services 16.87 Coordinator 24630 - Homemaker 16.87 25000 - Plant And System Operations Occupations 25010 - Boiler Tender 21.57 25040 - Sewage Plant Operator 20.70 25070 - Stationary Engineer 21.57 25190 - Ventilation Equipment Tender 15.00 25210 - Water Treatment Plant Operator 20.70 27000 - Protective Service Occupations 27004 - Alarm Monitor 17.47 27007 - Baggage Inspector 14.62 27008 - Corrections Officer 21.67 27010 - Court Security Officer 27.06 27030 - Detection Dog Handler 17.06 27040 - Detention Officer 21.67 27070 - Firefighter 27.56 27101 - Guard I 14.62 27102 - Guard II 17.06 27131 - Police Officer I 26.83 27132 - Police Officer II 29.82 28000 - Recreation Occupations 28041 - Carnival Equipment Operator 13.88 28042 - Carnival Equipment Repairer 15.00 28043 - Carnival Worker 10.09 28210 - Gate Attendant/Gate Tender 16.94 28310 - Lifeguard 15.09 28350 - Park Attendant (Aide) 18.95 28510 - Recreation Aide/Health Facility Attendant 13.45 28515 - Recreation Specialist 22.83 28630 - Sports Official 15.09 28690 - Swimming Pool Operator 17.42 29000 - Stevedoring/Longshoremen Occupational Services 29010 - Blocker And Bracer 22.84 29020 - Hatch Tender 22.66 29030 - Line Handler 22.66 29041 - Stevedore I 21.08 29042 - Stevedore II 24.22 30000 - Technical Occupations 30010 - Air Traffic Control Specialist Center (HFO) (see 2) 40.29 30011 - Air Traffic Control Specialist Station (HFO) (see 2) 27.78 30012 - Air Traffic Control Specialist Terminal (HFO) (see 2) 30.59 30021 - Archeological Technician I 17.70 30022 - Archeological Technician II 19.81 30023 - Archeological Technician III 24.53 30030 - Cartographic Technician 24.53 30040 - Civil Engineering Technician 21.12 30051 - Cryogenic Technician I 27.17 30052 - Cryogenic Technician II 30.01 30061 - Drafter/CAD Operator I 17.70 30062 - Drafter/CAD Operator II 19.81 30063 - Drafter/CAD Operator III 22.08 30064 - Drafter/CAD Operator IV 27.17 30081 - Engineering Technician I 15.46 30082 - Engineering Technician II 18.07 30083 - Engineering Technician III 20.24 30084 - Engineering Technician IV 26.53 30085 - Engineering Technician V 31.84 30086 - Engineering Technician VI 36.70 30090 - Environmental Technician 24.53 30095 - Evidence Control Specialist 24.53 30210 - Laboratory Technician 22.08 30221 - Latent Fingerprint Technician I 27.17 30222 - Latent Fingerprint Technician II 30.01

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30240 - Mathematical Technician 24.53 30361 - Paralegal/Legal Assistant I 18.35 30362 - Paralegal/Legal Assistant II 22.73 30363 - Paralegal/Legal Assistant III 27.80 30364 - Paralegal/Legal Assistant IV 33.65 30375 - Petroleum Supply Specialist 30.01 30390 - Photo-Optics Technician 24.19 30395 - Radiation Control Technician 30.01 30461 - Technical Writer I 24.06 30462 - Technical Writer II 29.44 30463 - Technical Writer III 35.61 30491 - Unexploded Ordnance (UXO) Technician I 25.60 30492 - Unexploded Ordnance (UXO) Technician II 30.98 30493 - Unexploded Ordnance (UXO) Technician III 37.13 30494 - Unexploded (UXO) Safety Escort 25.60 30495 - Unexploded (UXO) Sweep Personnel 25.60 30501 - Weather Forecaster I 27.17 30502 - Weather Forecaster II 33.05 30620 - Weather Observer Combined Upper Air Or (see 2) 22.08 Surface Programs 30621 - Weather Observer Senior (see 2) 24.53 31000 - Transportation/Mobile Equipment Operation Occupations 31010 - Airplane Pilot 30.98 31020 - Bus Aide 13.87 31030 - Bus Driver 19.75 31043 - Driver Courier 14.08 31260 - Parking and Lot Attendant 12.30 31290 - Shuttle Bus Driver 13.92 31310 - Taxi Driver 12.98 31361 - Truckdriver Light 15.31 31362 - Truckdriver Medium 17.74 31363 - Truckdriver Heavy 21.23 31364 - Truckdriver Tractor-Trailer 21.23 99000 - Miscellaneous Occupations 99020 - Cabin Safety Specialist 15.10 99030 - Cashier 10.92 99050 - Desk Clerk 10.59 99095 - Embalmer 25.35 99130 - Flight Follower 25.60 99251 - Laboratory Animal Caretaker I 13.86 99252 - Laboratory Animal Caretaker II 14.05 99260 - Marketing Analyst 33.05 99310 - Mortician 25.35 99410 - Pest Controller 20.52 99510 - Photofinishing Worker 13.45 99710 - Recycling Laborer 19.76 99711 - Recycling Specialist 24.02 99730 - Refuse Collector 17.50 99810 - Sales Clerk 11.51 99820 - School Crossing Guard 11.70 99830 - Survey Party Chief 23.36 99831 - Surveying Aide 14.59 99832 - Surveying Technician 19.97 99840 - Vending Machine Attendant 16.72 99841 - Vending Machine Repairer 21.12 99842 - Vending Machine Repairer Helper 16.72

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Note: Executive Order (EO) 13706 Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Service Contract Act for which the contract is awarded (and any solicitation was issued) on or after January 1 2017. If this contract is covered by the EO the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work up to 56 hours of paid sick leave each year.