ESBD_File_350376_RFQ 2024-014 Water Tank Cleaning and Inspection (W1).pdf

REQUEST FOR QUALIFICATIONS

Water Tank Cleaning and Inspection

RFQ No. 2024-014

Issue Date: February 12, 2024 Closing Date & Time: March 6, 2024, 2:00 P.M. CT

Opening Date & Time: March 6, 2024, 2:05 P.M. CT

For Information Contact:

Melanie Wade, Purchasing Agent, 254-750-8098, or melaniew@wacotx.gov

RFQ Opening Location:

Purchasing Services Office, 1415 N. 4th Street, Waco, Texas via Zoom Video Conferencing Only

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 https://www.waco-texas.com

RFQ 2024-014 Page 1 mailto:melaniew@wacotx.gov https://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 the MWBE 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.

RFQ 2024-014 Page 2 https://waco-texas.bonfirehub.com/login

BID NUMBER:

DATE:

TIME: CENTRAL

QUICK LINK:

MEETING ID:

DIAL IN NUMBER:

PASS CODE:

ADDITONAL

INFORMATION:

BID NUMBER:

DATE:

TIME: CENTRAL

QUICK LINK:

MEETING ID:

DIAL IN NUMBER:

PASS CODE:

ADDITONAL

INFORMATION:

PRE BID/ PROPOSAL

BID/ PROPOSAL OPENING

ZOOM ACCESS INSTRUCTIONS & ADDITIONAL INFORMATION

Rev. 1 https://wacotx.zoomgov.com/j/1606380598?

TABLE OF CONTENTS

Register Interest Form I. Schedule for Solicitation II. Contact with City of Waco III. Definitions IV. Requested Services V. Statement of Qualifications VI. Evaluation of Submittals & Award of Contract

Appendices

A. Scope of Services / Pricing Forms

(1) Description of Services

(2) Map A: Water Tank and Water Tower Locations

B. Contract Requirements

(1) City of Waco General Terms and Conditions

(2) Additional Terms for Services

(3) Insurance & Indemnification Requirements

(4) Sales Tax Information

(5) HB 89 Israel Form

(6) HB 89 Firearms Form

(7) HB 89 Energy Form

(8) HB1295 Information Sheet

(9) Protest Procedure

C. Forms to Complete and Return

(1) Submission of Proposal and Acknowledgment of Addenda

(2) Business Identification Form

(3) Conflict of Interest Questionnaire (CIQ form)

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

(5) Minority Women Owned Business & HUB Certification

(6) Litigation Disclosure

(7) Certification Regarding Debarment

(8) Non-collusion Affidavit

(9) Texas Public Information Act

(10) Drug Free Workplace

(11) W-9 Form

RFQ 2024-014 Page 4

RFQ No. 2024-014

Water Tank Cleaning and Inspection

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: melaniew@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: https://waco-texas.bonfirehub.com/login

City of Waco Purchasing Services Post Office Box 2570

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

Fax 254 / 750-8063 https://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 RFQ

• Deadline for questions in 5:00 P.M.

• Receipt of the Statement of Qualifications (SOQs) by 2:00 PM CT

• Evaluation of the SOQs / Interviews

• Establish final ranking of submitters

• Notify submitters of award recommendation

February 12, 2024 February 29, 2024 March 6, 2024 March / April, 2024 April, 2024 April, 2024

Tentatively, the final selection decision will be made, and submitters will be notified of an award recommendation during the month of April 2024. This schedule is subject to change by the City.

II. CONTACT WITH CITY OF WACO

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

Email: melaniew@wacotx.gov Telephone: (254) 750-8098 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.

Official Address (if needed) - City of Waco Purchasing Services

Attn: Melanie Wade, Purchasing Agent 1415 North 4th Street Waco, Texas 76707

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 . Interested professional service providers are encouraged to return the Register Interest form on the previous page.

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III. DEFINITIONS

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

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

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

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

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

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

(6) “Project Review Committee” means a committee established by the City to review the qualifications. The Committee may be composed of City of Waco staff, City Councilmembers, or their designees, or other individuals selected to serve on the committee by the City.

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

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

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

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

Selected Firm.

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

(11) “SOQ” means Statement of Qualifications.

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

Qualifications of the submitter.

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

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IV. REQUESTED SERVICES/PRODUCTS

A. Professional Services Requested:

The City of Waco has issued this RFQ to select a consulting engineering firm or diving company to perform water tank, tower inspections and cleaning to meet TCEQ standards and provide other underwater inspection tasks as needed by the City of Waco.

(1) A detailed scope of services is attached in Appendix A

(2) Water tower and tank inspections need to be completed within 12 months of the contract’s start date, but at a time when the water system is at low demand.

(3) Background – As the City of Waco continues to utilize water tank and towers in the distribution system, the cleaning and inspection of the assets is necessary to ensure that the water distribution systems meet TCEQ and Federal standards for inspection and cleanliness.

(4) A digital version of this document can be obtained from the City of Waco’s Bonfire portal at https://waco-texas.bonfirehub.com/login .

B. Terms Conditions & Requirements In addition to the description of the services, the attached Appendices include the City’s Contract Requirements.

C. Reservations by City:

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

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

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

(b) Extend the solicitation closing time and date.

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

(d) Procure any item by other allowable means.

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

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

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V. STATEMENT OF QUALIFICATIONS (SOQ)

A. Submission of Information:

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

B. Submitter Review of RFQ:

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

C. Encouraging Competition:

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

D. Submission Contents:

Qualified firms should submit their qualifications through the City of Waco’s Bonfire portal at https://waco-texas.bonfirehub.com/login . Paper/ Physical submissions will still be accepted but must include one (1) electronic copy (CD or Flash Drive) and (1) original and four (4) copies of their statements of qualifications on 8 ½ x 11 paper. These must be received by the date set out above in the Schedule of Solicitation for a submitting firm to be considered:

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

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

SOQ.

(2) Table of Contents

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(b) Project Approach / Work Plan: The SOQ should set forth a work plan, including an explanation of the project methodology to be followed to perform the required services. The work plan should include at a minimum; itemized tasks, resource requirements, specialized skills needed, special considerations and possible challenges in completing the project. You should also identify the extent to which City of Waco Staff will be involved in the project.

RFQ 2024-014 Page 10

(c) Identification of Anticipated Potential Project Problems: The proposal should identify and describe any anticipated potential project problems; the firms approach to resolving these problems and any special assistance that will be requested from the City of Waco.

(d) Project Schedule: A project schedule should be a part of the SOQ. This schedule should, at a minimum, indicate the amount of time in weeks that each phase and/or activity identified in Appendix A will take to complete. This information should be presented so the Review Committee can see how activities relate to each other as far as timing goes and how long the project is expected to take from contract execution to completion.

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

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

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

F. Completeness of Submission:

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

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

G. Response Date and Location Responses to this solicitation must be received by 2:00pm (Central Time) on March 6, 2024. The City prefers that vendors use the new Bonfire portal at https://waco-texas.bonfirehub.com/login . Paper submissions will still be received at the address listed below via Delivery Services or Personal Delivery to:

Attn: Melanie Wade, Purchasing Agent 1415 North 4th Street Waco, Texas 76707

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

RFQ 2024-014 Page 11

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

RFQ 2024-014

Water Tank Cleaning and Inspection

Closing: 2:00pm (Central Time) on March 6, 2024

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

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

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

H. Modifications to or Withdrawal of Submission:

Submissions cannot be modified after the submission deadline.

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

(1) Submit a written notice of the modification.

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

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

I. Authorized Signature:

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

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

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

K. Agreement; Exceptions:

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

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

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

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

L. Cost to Develop Submission:

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

VI. EVALUATION OF SUBMITTALS & AWARD OF CONTRACT

A. General Procedure:

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

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

B. Evaluation Criteria:

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

(1) Mandatory Elements:

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

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

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

(2) Technical Quality: (Maximum Points - 100)

(a) Expertise and Experience: (Maximum Points – 50)

1. The firm’s past experience and performance on comparable projects.

2. The quality of the firm’s professional personnel to be assigned to the engagement and the quality of the firm’s management support personnel to be available for technical consultation. Percent of time that will be spent on this project by key personnel (on a monthly basis).

3. Commitment to schedule and redundancy in staffing to ensure deadlines are met.

(b) Project Approach: (Maximum Points - 40) – Adequacy of project methodology.

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1. Quality of the proposed work plan, including method and staff resources planned.

2. Identification of anticipated potential project problems.

3. Project schedule.

(c) Conformance with RFQ requirements: (Maximum Points - 10)

1. This includes, but is not limited to, whether forms listed herein were executed and returned as requested.

C. Final Selection:

(1) The scoring of the SOQs by the Project Review Committee will be presented to the Director of Water Utility Services, who will determine whether to schedule oral interviews with the top-rated firms.

(2) Based on all information and review, including oral interviews (if conducted), the Director of Water Utility Services shall establish the final ranking of the firms.

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

D. Contract Award and Execution:

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

Scope of Services

(1) Description of Services

(2) Map A: Water Tank and Water Tower Locations

RFQ 2024-014 Page 15

Requested Professional Services

The City of Waco is requesting statements of qualifications from experienced professional firms interested in providing Water Tank and Water Tower cleaning and inspection services for the City of Waco Water Utilities Department. The inspections will need to be in accordance with the required TCEQ Regulations. In addition, the City of Waco may request other services associated with underwater diving work/inspections, such as but not limited to investigation of underwater inlet or outlet or investigation of the Lake Brazos Weir Dam.

Additional Background, Information or Requirements

Specific Requirements

1. Water Tank:

a) Perform investigations including field investigations as may be required to determine existing conditions.

b) Perform cleaning as necessary to ensure that the sediment in the tank does not exceed the TCEQ regulations/guidance.

c) Prepare report for City of Waco meeting all State/Federal requirements also identifying any water tank or safety related observed deficiencies.

d) Coordinate with City of Waco Water Utilities Department for scheduling of the inspections. Usually, the inspections will occur during a low use period unless services are specifically requested.

2. Water Tower:

a) Perform investigations including field investigations as may be required to determine existing conditions.

b) Perform cleaning as necessary to ensure that the sediment in the tank does not exceed the

TCEQ regulations/guidance.

c) Prepare report for City of Waco meeting all State/Federal requirements also identifying any water tank or safety related observation deficiencies.

d) Coordinate with City of Waco Water Utilities Department for scheduling of the inspections.

Usually, the inspections will occur during a low use period unless services are specially requested.

3. Waco Wetlands Intake:

a) Periodic Inspection of Intake and Pipeline

b) Coordinate with City of Waco Water Utilities Department for scheduling of the inspections.

Usually, the inspections will occur during a low use period unless services are specially requested.

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Map A: Water Tank and Water Tower Locations

RFQ 2024-014 Page 17

APPENDIX B

Contract Requirements

(1) City of Waco General Terms and Conditions

(2) Additional Terms of Service

(3) Insurance & Indemnification Requirements

(4) Sales Tax Information

(5) HB 89 Israel Form

(6) HB 89 Firearms Form

(7) HB 89 Energy Form

(8) House Bill 1295 Information Sheet

(9) Protest Procedure

RFQ 2024-014 Page 18

RFQ 2024-014 Page 19

RFQ 2024-014 Page 20

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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 the 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. The submitter must agree to commence work on or before a date 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.

RFQ 2024-014 Page 22

(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 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:

document:

Except as provided elsewhere m the contract

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 Firms from the Project site and pursue any remedies available to the City.

RFQ 2024-014 Page 23

2. Upon ten (10) days written notice, City may terminate the contract for convenience, for any reason. In such a case, the Selected Finn 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.

RFQ 2024-014 Page 24

City of Waco Insurance & Indemnification Requirements Professional Services – Not Engineer or Architect

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)

$1,000,000

Term of Policy: With regard to any approved claims-made policy form, a contractor shall maintain and keep in force and effect said coverage during the term of this contract and for a period of 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.

RFQ 2024-014 Page 25

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.

RFQ 2024-014 Page 26

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.

RFQ 2024-014 Page 27

TEXAS SALES TAX EXEMPTION INFORMATION

This 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.

Under the Texas Tax Code Section 151.309, 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 may also exempt from 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 who has a Texas Taxpayer Number (the number on their Texas Sales and Use Tax Permit number) can complete the Texas Sales and Use Tax Resale Certificate (front side of Form 01-339) and provide it to the vendor from whom the contractor is purchasing materials and supplies for use under a contract with the City of Waco. The form is available on the Texas Comptroller website at:

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

A copy of a blank form has been attached for your convenience. In completing the exemption form (01- 339 front) when purchasing materials and supplies, a contractor will:

(1) List itself (the contractor) as the purchaser and complete required information;

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

(3)

(4)

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 - might include statement that purchase is related to contract with City of Waco, Texas, for Project {description, e.g., New Street sewer lien project};

Describe the type of business activity generally engaged in by purchaser or type of items normally sold by the purchaser

Since the City of Waco is a governmental entity, the contract or purchase order with the City provides the necessary documentation that the materials are acquired for an exempt contract [See 34 TAC §3.291(c)(l)]. However, if requested, the City of Waco will provide to the contractor awarded the contract an executed exemption certification showing that the city is exempt from sales tax (Form 01- 339 back).

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/ In addition, the Texas Comptroller's office can be contacted at 1-800-252-555 for questions about Sales and Use Taxes.

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

http://www.statutes.legis.state.tx.us/Docs/TX/htm/TX. l 51.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=l&ch=3&sch=O&rl=Y

RFQ 2024-014 Page 28 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.statutes.legis.state.tx.us/Docs/TX/htm/TX http://info.sos.state.tx.us/pls/pub/readtac$ext.ViewTAC?tac

01-339 Front

(Rev.4-13/8)

Texas Sales and Use Tax Resale Certificate

Name of purchaser, firm or agency as shown on permit

Address (Street & number, P. 0. Box or Route number)

City, State, ZIP code

Texas Sales and Use Tax Permit Number (must contain 11 digits)

Out-of-state retailer's registration number or Federal Taxpayers Registry (RFC) number for retailers based in Mexico

I Phone (Area code and number)

(Retailers based in Mexico must also provide a copy of their Mexico registration form to the seller.)

I, the purchaser named above, claim the right to make a non-taxable purchase (for resale of the taxable items described below or on the attached order or invoice) from:

Seller: _________________________________________ _

Street address:

City, __________ State, ___________ ZIP code: ___________________ _

Description of items to be purchased on the attached order or invoice:

Description of the type of business activity generally engaged in or type of items normally sold by the purchaser:

The taxable items described above, or on the attached order or invoice, will be resold, rented or leased by me within the geographical limits of the United States of America, its territories and possessions or within the geographical limits of the United Mexican States, in their present form or attached to other taxable items to be sold.

I understand that if I make any use of the items other than retention, demonstration or display while holding them for sale, lease or rental, I must pay sales tax on the items at the time of use based upon either the purchase price or the fair market rental value for the period of time used.

I understand that it is a criminal offense to give a resale certificate to the seller for taxable items that I know, at the time of purchase, are purchased for use rather than for the purpose of resale, lease or rental, and depending on the amount of tax evaded, the offense may range from a Class C misdemeanor to a felony of the second degree.

Purchaser Title Date

This certificate should be furnished to the supplier.

Do nm send the completed certificate to the Comptroller of Public Accounts.

RFQ 2024-014 Page 29

01-339 (Back) (Rev.4-13/8)

Texas Sales and Use Tax Exemption Certification This certificate does not require a number to be valid.

Name of purchaser, firm or agency

Address (Street & number, P. 0. Box or Route number)

I Phone (Area code and number)

City, State, ZIP code

I, the purchaser named above, claim an exemption from payment of sales and use taxes (for the purchase of taxable items described below or on the attached order or invoice) from:

Seller:. ___________________________________________ _

Street address:. ____________________ City,_ __ State,__ ZIP ___ code:'-------

Description of items to be purchased or on the attached order or invoice:

Purchaser claims this exemption for the following reason:

I understand that I will be liable for payment of all state and local sales or use taxes which may become due for failure to comply with the provisions of the Tax Code and/or all applicable law.

I understand that it…