1-RFP2601B180DD260006 Temporary Fencing and Portable Restrooms.pdf

City of Southlake

REQUEST FOR PROPOSALS

Proposal Reference Number: RFP2601B180DD260006

Project Title: Provide Temporary Fencing and Portable Restrooms for

Proposal Closing Date: 3:00 P.M.(CST), Friday, February 6, 2026

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TABLE OF CONTENTS

Table of Contents ................................................................................................................................ Page 1

Request for Proposals

(1) Introduction .............................................................................................................................. Page 2

(2) Definitions ................................................................................................................................ Page 3

(3) General Information ................................................................................................................. Page 3

(4) RFP Withdrawals and/or Amendments .................................................................................... Page 3

(5) Estimated Quantities ................................................................................................................ Page 3

(6) Proposal Submittal Requirements ............................................................................................ Page 3

(7) Proposal Evaluation and Contract Award ................................................................................ Page 4

Appendix A – Scope of Services

(1) Project Title .............................................................................................................................. Page 6

(2) Scope of Services Contact ........................................................................................................ Page 6

(3) Special Conditions .................................................................................................................... Page 6

(4) Proposal Evaluation Factors ..................................................................................................... Page 6

(5) Brand Manufacture Reference .................................................................................................. Page 6

(6) Key Events Schedule ................................................................................................................ Page 6

(7) Scope of Services ..................................................................................................................... Page 6

Appendix B – Proposal

Appendix B Signature Page for Submittal ..................................................................................... Page 9

I Required Proposal Information

(1) Proposed Product ................................................................................................................... Page 10

(2) Cost of Proposed Product ....................................................................................................... Page 10

(3) Term of Contract and Option to Extend ................................................................................. Page 10

(4) Proposer’s Experience / Staff ................................................................................................. Page 11

(5) References .............................................................................................................................. Page 12

(6) Trade Secrets and/or Confidential Information ...................................................................... Page 13

(7) Federal, State and/or Local Identification Information ......................................................... Page 13

(8) Emergency Business Services Contact Notice ....................................................................... Page 13

(9) Cooperative Governmental Purchasing Notice ...................................................................... Page 14

II Contract Terms and Conditions

(1) Delivery of Products and/or Services .................................................................................... Page 14

(2) Miscellaneous ........................................................................................................................ Page 14

(3) Financial Responsibility Provisions ...................................................................................... Page 16

Appendix C – Form CIQ ................................................................................................................ Page 17

Appendix D – No Intent to Submit Form ...................................................................................... Page 19

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Southlake, Texas

Request for Proposals

1. Introduction

A. Project Overview: The City of Southlake is requesting Proposals with the intent of awarding a contract for the purchase of goods and services contained in Appendix A – Scope of Services.

B. Questions: Following are contacts for questions as identified.

i. RFP Clarifications: All questions related to requirements or processes of this RFP should be submitted in writing to the Purchasing Manager identified in section 2 below.

ii. Scope of Service Questions: All questions related to the scope of services should be submitted in writing to the contact person(s) noted in Appendix A – Scope of Services.

iii. Replies: Responses to inquiries which directly affect an interpretation or effect a change to this RFP will be issued in writing by addendum posted to City website. All such addenda issued by City prior to the submittal deadline shall be considered part of the RFP. The City shall not be bound by any reply to an inquiry unless such reply is made by such formal written addendum.

iv. Acknowledgement of Addenda: The Proposer must acknowledge all addenda by signing and returning such document(s) or by initialing appropriate area of the Proposal.

C. Notification of Errors or Omissions: Proposers shall promptly notify the City of any omissions, ambiguity, inconsistency or error that they may discover upon examination of this RFP. The City shall not be responsible or liable for any errors and/or misrepresentation that result from the solicitations which are inadvertently incomplete, ambiguous, inconsistent or obviously erroneous.

D. Conflict of Interest Questionnaire (Form CIQ): A person or business, and their agents, who seek to contract or enter into an agreement with the City, are required by Texas Local Government Code, Chapter 176, to file a conflict of interest questionnaire (FORM CIQ) which is found in Appendix C.

The form must be filed with the City Secretary no later than seven (7) days after the date the person or business begins contract discussions or negotiations with the City, or submits an application, response to a request for proposals or bids, correspondence, or other writing related to any potential agreement with the City.

E. Form 1295 Certificate of Interested Parties: In 2015, the Texas Legislature adopted House Bill

1295, which added section 2252.908 of the Government Code. The law states that a governmental entity or state agency may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties to the governmental entity or state agency at the time the business entity submits the signed contract to the governmental entity or state agency. The law applies only to a contract of a governmental entity or state agency that either (1) requires an action or vote by the governing body of the entity or agency before the contract may be signed or

(2) has a value of at least $1 million. The disclosure requirement applies to a contract entered into on or after January 1, 2016. Please go to the Texas Ethics Commission webpage

(www.ethics.state.tx.us) for full instructions and to complete the required steps for creation of

Form 1295. Once the form is completed online, printed and signed please return the form with your proposal submission.

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2. Definitions

Proposal: The signed and executed submittal of the entirety of Appendix B – Proposal.

Proposer: The Proposer and the Proposer’s designated contact signing the first page of the Proposal.

City of Southlake (“City”): The City of Southlake, Texas.

City Secretary’s Office: The office of the City Secretary of the City, located at 1400 Main Street, Suite

#270, Southlake, Texas 76092. PH: (817) 748-8016; Fax: (817) 748-8270.

Project: The name of this Request for Proposals as identified on the cover sheet and first page of

Appendix A – Scope of Services.

Purchasing Manager: The City of Southlake Purchasing Manager is Timothy Slifka CPPO, CPPB, Phone: (817) 748-8312, E-Mail: tslifka@ci.southlake.tx.us.

Request for Proposals (RFP): The entirety of this document, including all Appendices and Addenda.

Scope of Services: The entirety of Appendix A – Scope of Services.

3. General Information

A. Tax Exempt Status: City purchases are exempt from State Sales Tax and Federal Excise Tax. Do not include tax in the Proposal. City will furnish Excise Tax Exemption Certificate upon request.

B. Public Inspection of Proposals: The City strictly adheres to the Texas Public Information Act (Texas

Government Code Chapter 552.001, et seq.) and all other governing statutes, regulations, and laws regarding the disclosure of RFP information. Proposals are not available for public inspection until after the contract award. If the Proposer has notified the City, in writing, that the Proposal contains trade secrets or confidential information, the City will generally take reasonable steps to prevent disclosure of such information, in accordance with the Public Information Act. This is a statement of general policy only, and in no event shall the City be liable for disclosure of such information by the City in response to a request, regardless of the City’s failure to take any such reasonable steps, even if the City is negligent in failing to do so.

4. RFP Withdrawals and/or Amendments

A. RFP Withdrawal: The City reserves the right to withdraw this RFP for any reason.

B. RFP Amendments: The City reserves the right to amend any aspect of this RFP by formal written

Addendum prior to the Proposal submittal deadline and will endeavor to notify all potential

Proposers that have registered with the City, but failure to notify shall impose no obligation or liability on the City.

5. Estimated Quantities

The City does not guarantee to purchase any minimum or maximum quantity but does contemplate purchasing exclusively during the term of the contract from the successful vendor.

6. Proposal Submittal Requirements

A. Submittal Packet – Required Content: All proposals must be submitted electronically. The Proposer must visit https://southlake.bonfirehub.com/portal/?tab=openOpportunities and register. Once mailto:tslifka@ci.southlake.tx.us

City of Southlake - RFP2601B180DD260006 - Page 4 of 19 registered for this complimentary service, the Proposer may submit Proposal Documents electronically by selecting the appropriate Proposal Identification.

B. Submittal Deadline: The deadline for submittal of Proposals shall be as identified on page _9_

(nine) of Appendix B-Proposal. It is the Proposer’s responsibility to have the Proposal Documents correctly electronically submitted by the submittal deadline. No extensions will be granted and no late submissions will be accepted.

C. Proposals Received Late: Proposers are encouraged to submit their proposals as soon as possible.

The time and date of receipt as recorded within the Bonfire electronic system shall be the official time of receipt. The City is not responsible for late submission regardless of the reason. Late

Proposals will not be considered under any circumstances.

D. Alterations or Withdrawals of Proposal Document: Any submitted Proposal may be withdrawn or a revised proposal substituted prior to the submittal deadline. Proposal Documents cannot be altered, amended or withdrawn by the Proposer after the submittal deadline, unless such alteration, amendment or withdrawal notice is approved in writing by the Purchasing Manager.

E. Proposal Document Format: All Proposal Documents must be prepared in single-space type, on standard 8-1/2” x 11” vertically oriented pages, numbered at the bottom. The City only accepts electronic submissions via https://southlake.bonfirehub.com/login. Any other format (via telephone, fax, email, etc.) may be rejected by the City at its discretion.

F. Validity Period: Once the submittal deadline has passed, any Proposal Document shall constitute an irrevocable bid to provide the commodities and/or services set forth in the Scope of Services at the price(s) shown in the Proposal Document. Such proposal shall be irrevocable until the earlier of the expiration of ninety (90) days from the submittal deadline, or until a contract has been awarded by the City.

7. Proposal Evaluation and Contract Award

A. Proposal Evaluation and Contract Award Process: An award of a contract to provide the goods or services specified herein will be made using competitive sealed proposals, in accordance with

Chapter 252 of the Texas Local Government Code and with the City’s purchasing policy. The City will evaluate all proposals to determine which proposers are reasonably qualified for the award of the contract, applying the anticipated evaluation factors and emphasis to be placed on each factor as identified in the Scope of Services. The City may, at its option, conduct discussions with or accept proposal revisions from any reasonably qualified proposer. The City reserves the right to determine which proposal will be most advantageous to the City.

B. Completeness: If the Proposal is incomplete or otherwise fails to conform to the requirements of the

RFP, City alone will determine whether the variance is so significant as to render the Proposal non-responsive, or whether the variance may be cured by the Proposer or waived by the City, such that the Proposal may be considered for award.

C. Ambiguity: Any ambiguity in the Proposal as a result of omission, error, lack of clarity or non-compliance by the Proposer with specifications, instructions and all conditions shall be construed in the favor of the City. In the event of a conflict between these standard RFP requirements and details provided in Appendix A – Scope of Services or Appendix B – Proposal, the Appendices shall prevail.

D. Unit Prices and Extensions: If unit prices and their extensions do not coincide, the City may accept the price most beneficial to the City, and the Proposer will be bound thereby.

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E. Additional Information: City may request any other information necessary to determine Proposer’s ability to meet the minimum standards required by this RFP.

F. Partial Contract Award: City reserves the right to award one contract for some or all the requirements proposed or award multiple contracts for various portions of the requirements to different Proposers based on the unit prices proposed in response to this request, or to reject any and all Proposals and re-solicit for Proposals, as deemed to be in the best interest of City.

G. Terminate for Cause: The occurrence of any one or more of the following events will justify termination of the contract by the City of Southlake for cause:

i) The successful proposer fails to perform in accordance with the provisions of these specifications; or

ii) The successful proposer violates any of the provisions of these specifications; or

iii) The successful proposer disregards laws or regulations of any public body having jurisdiction; or

iv) The successful proposer transfers, assigns, or conveys any or all of its obligations or duties under the contract to another without written consent of the City.

v) If one or more of the events identified in Subparagraphs G i) through iv) occurs, the City of

Southlake may, terminate the contract by giving the successful proposer seven (7) days written notice. In such case, the successful proposer shall only be entitled to receive payment for goods and services provided before the effective date of termination. The successful proposer shall not receive any payment on account of loss of anticipated profits or revenue or other economic loss resulting from such termination.

vi) When the contract has been so terminated by the City of Southlake, such termination shall not affect any rights or remedies of the City then existing or which may thereafter accrue.

H. Terminate for Convenience: This contract may be cancelled or terminated at any time by giving vendor thirty (30) days written notice. Vendor may be entitled to payment for services actually performed; to the extent said services are satisfactory.

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Appendix A – Scope of Services

1. Project Title: Provide Temporary Fencing and Portable Restrooms for City of Southlake

2. Scope of Services Contact

Questions about the technical nature of the Scope of Services, etc. may be directed to TIM SLIFKA, Phone. 817.748.8312, e-mail: tslifka@ci.southlake.tx.us.

3. Special Conditions

The following special conditions shall prevail over areas of conflict in previous pages:

NONE

4. Proposal Evaluation Factors

Emphasis Factor

30% Vendor Overall Price for Services

35% Vendor Experience Providing Required Services

30% Vendor Ability to Provide Required Services

5% Vendor Past Experience with City

5. Brand Manufacture Reference

The City has determined that any manufacturer’s brand defined in the Scope of Services meets the City’s product and support need. The manufacturer’s reference is not intended to be restrictive and is only descriptive of the type and quality the City desires to purchase. Quotes for similar manufactured products of like quality will be considered if the Proposal is fully noted with the manufacturer’s brand name and model. The City reserves the right to determine products and support of equal value, and whether other brands or models meet the City’s product and support needs.

6. Key Events Schedule

Proposal Release Date January 9, 2026

Deadline for Submittal of Written Questions 5:00PM January 23, 2026

Sealed Proposals Due to and Opened by City Shown on First Page of this RFP

Anticipated Committee Evaluation Review Date February 2026

Anticipated Award Date February/March 2026

7. Scope of Services

The City of Southlake is seeking a vendor(s) to provide temporary fencing and portable restrooms for

City events and as requested. Location, dates and times shall be provided at time of reserving services with awarded vendor.

Temporary Fencing

Temporary fencing shall include, but not be limited to, daily rate for chain link fence free standing panels, bicycle racks, installation and removal services including all required accessories per the following minimum requirements:

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All fencing shall be in very good or better condition. New or like-new condition is preferred. Panels with bent frames or broken fencing shall not be used for City events. Fence panels should be uniform in color and be free of debris.

Chain-link free-standing panels six foot by twelve foot (6’ x 12’) are preferred. Other sizes may be considered. Our Stars & Stripes Event typically requires 10,000 linear feet of fencing. Our Home for the

Holidays Event typically requires 1,200 - 1,600 linear feet of fencing. This is only an estimate, and the actual amount required shall vary based on event.

Chain link fence panel 6’ x 12’, 6’ x 16’, or 6’ x 24’ with built in lockable (pad lock) pedestrian/vehicle gate.

Bike Racks – The City estimates 350 linear feet of bike racks will be required per event. This is only an estimate and the actual amount required shall vary.

Sandbags as required for proper anchoring of fencing. Fencing may be installed on concrete, asphalt, grass etc… Locations shall vary.

Delivery and Installation Services

Provide after-hour installation and tear down services. After-hour shall be defined as after 5:00pm and prior to 7:00am, Monday through Friday and all hours on Saturday, Sunday and Holidays. Fencing installation services shall normally take place during these after-hour times and tear down and removal will normally commence at the end of event. City reserves the right to request fencing is installed and removed per City direction. Not all events require after-hour services; however, the ability of the vendor to provide these services is mandatory. Stars & Stripes Event and Home for the Holidays Event require one day installation and removal services.

Portable Restrooms

Portable Restroom services shall include, but not be limited to, daily rate for comfort stations, porta-potties – regular and handicap accessible, with and without diaper changing station, hand washing stations, water tanks, delivery, installation, removal of all waste and cleaning services per the following minimum requirements:

Comfort Station with minimum five (5) stall and two (2) sinks for women’s and two (2) urinals, two (2) stalls and two (2) sinks for men, air conditioned. Comfort Station shall include at least one (1) diaper changing station. Restrooms shall be delivered clean and ready for use. Extra paper goods shall be supplied by vendor. City Staff shall monitor refills unless Service Attendant is requested by City.

Generator with required capacity (minimum 7000 kw) to power comfort station. A generator power distribution box may be required/requested.

Five hundred (500) gallon water tank. The City may or may not be able to provide water for tank. Vendor must be able to provide water for tank if required by City.

Hand washing station with towelette/foam dispenser. Additional supplies shall be provided by vendor.

City staff shall monitor refills unless Service Attendant is requested by City.

Porta-potty regular and handicap accessible, with and without diaper changing station. Restrooms shall be delivered clean and ready for use. Additional/extra paper goods, liquid soap, and hand sanitizer shall be supplied by vendor. City Staff shall monitor refills unless a Service Attendant is requested by City.

Service Attendant, if requested, shall ensure Comfort Station and Porta-potties are kept in a clean, sanitary, and properly functioning condition. All paper, liquid soap, and hand sanitizer products shall be maintained and replaced as necessary by Service Attendant.

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Delivery and Installation

Servicing/Cleaning - Restrooms shall be delivered clean and ready for use. Extra paper goods shall be supplied by the vendor. City Staff shall monitor refills unless a Service Attendant is being provided by vendor. During multiple day events, vendor may be requested to provide restroom cleaning services.

This additional requested cleaning service shall be listed as a separate fee.

Portable restrooms may be installed on concrete, asphalt, grass etc… Locations shall vary.

Provide After-Hour Installation and Removal Services.

After-hour shall be defined as after 5:00 pm and prior to 7:00 am, Monday through Friday and all hours on Saturday, Sunday and all Holidays. Delivery services shall normally take place during these after-hour times and removal shall normally commence at the end of event. The city reserves the right to request restrooms installed and removed per City direction. Not all events require after-hour services;

however, the ability of the vendor to provide these services is mandatory.

Service Attendant

Vendor shall provide, as requested by City, a Service Attendant per the following specifications:

Service Attendant shall remain on-site during the entire event unless released early from event by authorized City point of contact. Service Attendant shall ensure the Comfort Station and Porta-Potties are kept in a clean, sanitary and properly functioning condition. Any additional services required to ensure the Comfort Station and Porta-Potties function properly for the entire event shall be the responsibility of the vendor. This includes, but is not limited to, correct operation of vendor provided additional equipment, such as generator, water pump, etc…

All paper products, liquid soap, and hand sanitizer products shall be maintained and replaced as necessary by Service Attendant. The additional paper, liquid soap, and hand sanitizer products are to be included in the Service Attendant hourly rate.

Miscellaneous Services/Information

Stars & Stripes Event is planned for July 3 each year and our Home for the Holidays Event is planned for the Saturday prior to Thanksgiving each year. Other events are normally planned in advance, and the

City should be able to provide contractor with advanced notice in most cases.

Stars & Stripes Event typically requires 10,000 linear feet of fencing. Our Home for the Holidays Event typically requires 1,200 - 1,600 linear feet of fencing. Restroom requirements: Stars & Stripes Event, two (2) comfort stations with generators, twenty-one (21) porta-potties, and ten (10) wheelchair accessible porta-potties. Home for the Holidays Event, two (2) comfort stations with generators and ten

(10) wheelchair accessible porta-potties. This is only an estimate, and the actual amount required shall vary based on event.

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Appendix B – Proposal

Submittal Checklist: (To determine validity of proposal)

______Appendix B Pages 9 through 18 must be signed and included in the proposal submittal.

______Appendix C Conflict of Interest Form Page 18 must be included in the proposal submittal.

______Form 1295 Certificate of Interested Party must be included in the proposal submittal. See Page 2.

______HB 89, SB 252, SB 13, and SB 19 Acknowledgment. See Page 15.

All proposals submitted to the City of Southlake shall include this page with the submitted Proposal.

RFP Number: RFP2510B180DD250008

Project Title:

Provide Temporary Fencing and Portable

Restrooms for City of Southlake

Submittal

Deadline:

3:00 P.M. (CST), Friday February 6, 2026

Submit Electronically* to:

https://southlake.bonfirehub.com/portal/?tab=openOpportunities

* Requires email account login and password.

Proposer Information:

Proposer’s Legal Name:

Address:

City, State & Zip

Federal Employers

Identification Number #

Phone Number:

Fax Number:

E-Mail Address:

Proposer Authorization

I, the undersigned, have the authority to execute this Proposal in its entirety as submitted and enter into a contract on behalf of the Proposer.

Printed Name and Position of Authorized Representative:

Signature of Authorized Representative: ____________________________________________

Signed this __________(day) of _________________________(month), ________(year)

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Appendix B – Proposal (continued)

I. REQUIRED PROPOSAL INFORMATION. IN ORDER FOR A PROPOSAL TO BE

CONSIDERED COMPLETE, AND TO BE EVALUATED FOR A CONTRACT AWARD BY THE

CITY, PROPOSER MUST SUBMIT ALL OF THE FOLLOWING INFORMATION:

1. Proposed Products and/or Services

A. Product or Service Description: Proposers should utilize this section to describe the technical aspects, capabilities, features and options of the product and/or service proposed in accordance with the required Scope of Services as identified in Appendix A. Promotional literature, brochures, or other technical information may be used.

B. Additional Hardware Descriptions: Proposers should also include in this section a detailed description of what additional hardware and/or software, if any, would be required by the City in order to fully utilize the goods and/or services proposed.

C. Guarantees and Warranties: Each Proposer shall submit a complete copy of any warranties or guarantees provided by the manufacturer or Proposer with the Proposal submitted.

D. Project Schedule/Delivery Date: Proposer must provide a project schedule noting all projected completion dates for segments of the Project, from start-up to completion, and all delivery dates for goods covered by the RFP. The Proposal must show the number of days required to deliver and install the product or equipment after the receipt of the City’s Purchase Order.

2. Cost of Proposed Products and/or Services

A. Pricing: Pricing shall reflect the full Scope of Services defined herein, inclusive of all associated cost for delivery, labor, insurance, taxes, overhead, and profit.

B. Schedule of Pricing: Proposer shall quote unit pricing in accordance with the itemized listing of products or contract segments stated in the Scope of Services and using the following format:

For this procurement the schedule of pricing is not available in hardcopy. You may access it via the online portal (https://southlake.bonfirehub.com/portal/?tab=openOpportunities). To submit your schedule of pricing, please download the Bid Table and fill it in accordingly per the sample below.

For instructions on how to complete Bid Tables, please refer to this article on Bonfire’s Support

Website. Please note: even if you do not have additional responses, you must download and re-upload the blank document. This is to confirm that you do not require any additional costs. If you have any additional items, please fill out the Additional Responses template accordingly.

3. Term of Contract and Option to Extend

Any contract resulting from this RFP shall be effective for twelve months from date of award. The

City anticipates that contract shall be renewed pursuant to the availability of funds and at the discretion of the City. The following clauses shall be included in the contract:

https://support.gobonfire.com/hc/en-us/articles/216733798-How-do-I-fill-out-a-BidTable-template-Vendor-POV-

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A. Option Clause: It is agreed that City will have the option to extend the contract for up to four (4) additional years, in one-year intervals. To exercise this option, the City shall serve notice 30 days prior to contract termination or to the end of any one-year extension. The Option to Extend will not be considered if funding is unavailable or if the contractor’s past performance is not within the industry standard.

B. Escalation Clause: Should market conditions prevail which dictate an increase, the successful contractor may submit documentation requesting permission to increase pricing no later than 30 days after receiving notice from the City of its intent to extend the agreement. Escalation may only occur at the time of renewal and only upon securing the approval of the City in writing. Requests for price adjustments must be solely for the purpose of accommodating an increase in the contractor’s cost, not profits.

Vendors shall show in this quote their anticipated percent of escalation if/when the option to extend is exercised. The percent quoted will be a maximum. In addition, the percentage proposed will be a factor in determining the best value to the City. It is the average price over the period of the contract that will be the price factor considered in the evaluation of this quote. Quotes in which negative or no escalation is shown will be considered as 0% escalation.

C. Price Increases Upon Extension: If approved by the City, the Contractor shall modify the rates charged by the Contractor to reflect any changes shown in the comparative statement delivered to the City. The maximum increase allowed under this provision shall be four percent (4%) per year.

The City shall have authority, in its reasonable discretion, to determine the validity of any change in

Contractor’s rates. City cannot exercise the Option to Extend with any price increases unless the

Vendor completes the section of the Quote requesting anticipated percentage of annual escalation.

First Additional Year Escalation Percentage ………………..…….……………... _____%

Second Additional Year Escalation Percentage ………………….…..…............... _____%

Third Additional Year Escalation Percentage ...........................…………………. _____%

Fourth Additional Year Escalation Percentage ………………….………………. _____%

4. Proposer’s Experience / Staff

A. Project Team: Identify all members of the Proposer’s team (including both team members and management) who will be providing any services proposed and include information which details their experience.

B. Removal or Replacement of Staff: If an assigned staff person must be removed or replaced for any reason, the replacement person must be approved by City prior to joining the project.

C. Business Establishment: State the number of years the Proposer’s business has been established and operating. If Proposer’s business has changed names or if the principals operating the business operate any similar businesses under different names, or have operated any other businesses or changed the legal status or form of the business within the last five (5) years, all names, of predecessor business names, affiliated entities, and previous business entities operated by the principals, if different than present, must be provided;

State the number of years’ experience the business has: _______; and the number of employees:

D. Project Related Experience: All Proposals must include detailed information that details the

Proposer’s experience and expertise in providing the requested services that demonstrates the

Proposer’s ability to logically plan and complete the requested project.

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5. References

Proposer shall provide four (4) references where Proposer has performed similar to or the same types of services as described herein.

Reference #1:

Client / Company Name:

Contact Name:

Contact Title:

Phone:

Email:

Date and Scope of Work Provided:

Reference #2:

Reference #3:

Reference #4:

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6. Trade Secrets and/or Confidential Information

Trade Secrets and/or Confidential Information: This proposal ___ (does) ___ (does not) contain trade secrets and/or confidential information. If applicable, describe such trade secrets and confidential information, and the basis for your assertion that such material qualifies for legal protection from disclosure.

7. Federal, State and/or Local Identification Information

A. Centralized Master Bidders List registration number: ______________________________.

B. Prime contractor HUB / MWBE registration number: ______________________________.

C. An individual Proposer acting as a sole proprietor must also enter the Proposer’s Social Security

Number: #_______-_______-_______.

8. Emergency Business Services Contact Notice

During a natural disaster, or homeland security event, there may be a need for the City of Southlake to access your business for products or services after normal business hours and/or holidays. The City may request City employee pick up or vendor delivery of product or services.

For this purpose, a primary and secondary emergency contact name and phone number are required. It is critical the vendor’s emergency contact information remains current. City shall be contacted by E-mail with any change to a contact name or phone number of these emergency contacts. Updates may be emailed to vendors@ci.southlake.tx.us.

All products or services requested during an emergency event are to be supplied as per the established contract prices, terms and conditions. The vendor shall provide the fee (pricing) for an after-hours emergency opening of the business, if any. In general, orders will be placed using a City of Southlake procurement card (Master Card) or City issued Purchase Order. The billing is to include the emergency opening fee, if applicable.

The contractor shall provide the names, phone numbers and fee (pricing), if any, for an after-hours emergency opening of the business listed below.

Business Name: _____________________________________________________________________

Contract #: RFP2601B180DD260006____________________________________________________

Description: Provide Temporary Fencing and Portable Restrooms for City of Southlake_________

Primary Contact (Name):______________________________________________________________

Primary Contact Phone Numbers: Home: ___________________ Cell: ___________________

Secondary Contact (Name):____________________________________________________________

Secondary Contact Phone Numbers: Home: ____________________ Cell: ___________________

After Hours emergency opening fee, if applicable: $_________________________________________ mailto:vendors@ci.southlake.tx.us

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9. Cooperative Governmental Purchasing Notice

Other governmental entities maintaining interlocal agreements with the City, may desire, but are not obligated, to purchase goods and services defined in this RFP from the successful Proposer. All purchases by governmental entities, other than the City, will be billed directly to and paid by that governmental entity. The City will not be responsible for another governmental entity’s debts. Each governmental entity will place their own orders with the successful Proposer and be responsible for ensuring full compliance with the RFP specifications. Prior to other governmental entities placing orders, the City will notify the successful Proposer of their intent.

Please indicate below if you will permit other governmental entities to purchase from your agreement with the City.

[ ] Yes, Others can purchase [ ] No, Only the City can purchase

II. CONTRACT TERMS AND CONDITIONS. EXCEPT WHERE PROPOSER MAKES SPECIFIC

EXCEPTION IN THE SUBMITTED PROPOSAL, ANY CONTRACT RESULTING FROM THIS

RFP WILL CONTAIN THE FOLLOWING TERMS AND CONDITIONS, WHICH PROPOSER

HEREBY ACKNOWLEDGES, AND TO WHICH PROPOSER AGREES BY SUBMITTING A

PROPOSAL:

1. Delivery of Products and/or Services

A. Payment Terms: Unless otherwise specified in the Scope of Services or otherwise agreed to in writing by the City, payment terms for the City are Net 30 days upon receipt of invoice. Payment shall be made by City procurement card (credit card) or purchase order. No additional credit card fees are allowed. This includes, but not limited to, convenience fee, surcharge, etc.

B. Warranty of Products and Services: All products furnished under this contract shall be warranted to be merchantable and good quality and fit for the purposes intended as described in this Proposal, to the satisfaction of City and in accordance with the specifications, terms, and conditions of the Scope of Services, and all services performed shall be warranted to be of a good and workmanlike quality, in addition to, and not in lieu of, any other express written warranties provided.

C. Late Delivery or Performance: If Proposer fails to deliver acceptable goods or services within the timeframes established in the Project Schedule, the City shall be authorized to purchase the goods or services from another source and assess any increase in costs to the defaulting Proposer, who agrees to pay such costs within ten days of invoice.

D. Title to Goods and Risk of Loss: For goods to be provided by Proposers hereunder, if any, the title and risk of loss of the goods shall not pass to City until City actually receives, takes possession, and accepts the goods and the installation of such goods, has tested the system, and determined that it is in good and acceptable working order. Not applicable for rental services.

2. Miscellaneous

A. Independent Contractor: Proposer agrees that Proposer and Proposer’s employees and agents have no employer-employee relationship with City. Proposer agrees that if Proposer is selected and awarded a contract, City shall not be responsible for the Federal Insurance Contribution Act (FICA) payments, Federal or State unemployment taxes, income tax withholding, Workers Compensation

Insurance payments, or any other insurance payments, nor will City furnish any medical or retirement benefits or any paid vacation or sick leave.

B. Assignments: The rights and duties awarded the successful Proposer shall not be assigned to another without the written consent of the Purchasing Manager. Such consent shall not relieve the assigner of liability in the event of default by the assignee.

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C. Liens: Proposer shall indemnify and save harmless the City against any and all liens and encumbrances for all labor, goods, and services which may be provided to the City by Proposer or

Proposer’s vendor(s), and if the City requests, a proper release of all liens or satisfactory evidence of freedom from liens shall be delivered to the City.

D. Gratuities / Bribes: Proposer certifies that no bribes in the form of entertainment, gifts, or otherwise, were offered or given by the successful Proposer, or its agent or representative, to any City officer, employee or elected representative, with respect to this RFP or any contract with the City, and that if any such bribe is found to have been made this shall be grounds for voiding of the contract

E. Financial Participation: Proposer certifies that it has not received compensation from the City to participate in preparing the specifications or RFP on which the Proposal is based and acknowledges that this contract may be terminated and/or payment withheld if this certification is inaccurate.

F. Required Licenses: Proposer certifies that he holds all licenses required by the State of Texas for a provider of the goods and/or services described by the Scope of Services herein.

G. Authority to Submit Proposal and Enter Contract: The person signing on behalf of Proposer certifies that the signer has authority to submit the Proposal on behalf of the Proposer and to bind the Proposer to any resulting contract.

H. Compliance with Applicable Law: Proposer agrees that the contract will be subject to, and Proposer will strictly comply with, all applicable federal, state, and local laws, ordinances, rules, and regulations.

I. Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973

Nondiscrimination Statement: The City of Southlake does not discriminate against any qualified disabled person, including discrimination in employment, or exclude individuals from participation in or deny the benefits of, any program or activity that receives or benefits from federal financial assistance, solely by reason of the individual’s disability. Additionally, the City of Southlake ensures its programs will be conducted, and its facilities operated, in compliance with all non-discriminatory practices and requirements imposed by or pursuant to 49 Code of Federal Regulations (CFR) Part

27, 28 CFR Part 35 and 42 USC §§ 12101 – 12213.

J. Compliance with HB 89: Proposer agrees per HB 89 vendor shall not boycott Israel at any time while providing products or services to the City of Southlake.

[ ] Yes, we agree [ ] No, we do not agree [ ] N/A

K. Compliance with SB 252: Proposer agrees per SB 252 vendor shall not do business with Iran, Sudan or a foreign terrorist organization while providing products or services to the City of

Southlake.

[ ] Yes, we agree [ ] No, we do not agree

L. Compliance with SB 13: Proposer agrees per SB 13 vendor does not boycott energy companies as those terms are defined in the Texas Government Code § 809.001, and will not boycott energy companies during the term of any contract with the City of Southlake.

[ ] Yes, we agree [ ] No, we do not agree

M. Compliance with SB 19: Proposer agrees per SB 19 vendor does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association as those terms are defined in the Texas Government Code § 2274.001, and that vendor will not so discriminate during the term of any contract with the City of Southlake.

[ ] Yes, we agree [ ] No, we do not agree

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3. Financial Responsibility Provisions

A. Insurance: The Proposer, consistent with its status as an independent contractor, shall carry, and shall require any of its subcontractors to carry, and list the City of Southlake, its officers, and employees as an additional insured, at least the following insurance in such form, with such companies, and in such amounts (unless otherwise specified) as City may require:

i. Worker’s Compensation and Employer’s Liability insurance, including All States

Endorsement, to the extent required by federal law and complying with the laws of the State of Texas;

ii. Commercial General Liability insurance, including Blanket Contractual Liability, Broad

Form Property Damage, Personal Injury, Completed Operations/Products Liability, Premises Liability, Medical Payments, Interest of Employees as additional insureds, and

Broad Form General Liability Endorsements, for at least One Million Dollars ($1,000,000)

Combined Single Limit Bodily Injury and Property Damage on an occurrence basis;

iii. Comprehensive Automobile Liability insurance covering all owned, non-owned or hired automobiles to be used by the Contractor, with coverage for at least One Million Dollars

($1,000,000) Combined Single Limit Bodily Injury and Property Damage.

B. Indemnification: Proposer agrees to defend, indemnify and hold harmless the City, all of its officers, Council members, agents and employees from and against all claims, actions, suits, demands, proceedings, costs, damages and liabilities, including reasonable attorneys’ fees, court costs and related expenses, arising out of, connected with, or resulting from any acts or omissions of Proposer or any agent, employee, subcontractor, or supplier of Proposer in the execution or performance of this contract without regard to whether such persons are under the direction of City agents or employees.

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Appendix C – Form CIQ

INFORMATION REGARDING VENDOR CONFLICT OF INTEREST QUESTIONNAIRE

WHO: The following persons must file a Conflict of Interest Questionnaire with the City if the person has an employment or business relationship with an officer of the City that results in taxable income exceeding $2,500 during the preceding twelve – month period, or an officer or a member of the officer’s family has accepted gifts with an aggregate value of more than $250 during the previous twelve – month period and the person engages in any of the following actions:

1. contracts or seeks to contract for the sale or purchase of property, goods or services with the City, including any of the following:

a. written and implied contracts, utility purchases, purchase orders, credit card purchases and any purchase of goods and services by the City;

b. contracts for the purchase or sale of real property, personal property including an auction of property;

c. tax abatement and economic development agreements;

2. submits a bid to sell goods or services, or responds to a request for proposal for services;

3. enters into negotiations with the City for a contract; or

4. applies for a tax abatement and/or economic development incentive that will result in a contract with the

City

THE FOLLOWING ARE CONSIDERED OFFICERS OF THE CITY:

1. Mayor and City Council Members;

2. City Manager;

3. Board and Commission members and appointed members by the Mayor and City Council;

4. Directors of 4A and 4B development corporations;

5. The executive directors or managers of 4A and 4B development corporations; and

6. Directors of the City of Southlake who have authority to sign contracts on behalf of the City.

EXCLUSIONS: A questionnaire statement need not be filed if the money paid to a local government official was a political contribution, a gift to a member of the officer’s family from a family member; a contract or purchase of less than $2,500 or a transaction at a price and subject to terms available to the public; a payment for food, lodging, transportation or entertainment; or a transaction subject to rate or fee regulation by a governmental entity or agency.

WHAT: A person or business that contracts with the City or who seeks to contract with the City must file a “Conflict of Interest Questionnaire” (FORM CIQ) which is available online at www.ethics.state.tx.us and a copy of which is attached to this guideline. The form contains mandatory disclosures regarding “employment or business relationships” with a municipal officer. Officials may be asked to clarify or interpret various portions of the questionnaire.

WHEN: The person or business must file:

1. the questionnaire – no later than seven days after the date the person or business begins contract discussions or negotiations with the municipality, or submits an application, responds to a request for proposals or bids, correspondence, or other writing related to a potential contract or agreement with the City; and

2. an updated questionnaire – within seven days after the date of an event that would make a filed questionnaire incomplete or inaccurate.

It does not matter if the submittal of a bid or proposal results in a contract. The statute requires a vendor to file a FORM CIQ at the time a proposal is submitted or negotiations commence.

WHERE: The vendor or potential vendor must mail or deliver a completed questionnaire to the Finance

Department. The Finance Department is required by law to post the statements on the City’s website.

ENFORCEMENT: Failure to file a questionnaire is a Class C misdemeanor punishable by a fine not to exceed

$500. It is an exception to prosecution that the person files a FORM CIQ not later than seven business days after the person received notice of a violation.

NOTE: The City does not have a duty to ensure that a person files a Conflict of Interest Questionnaire.

http://www.ethics.state.tx.us/

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Appendix D – No Intent to Submit Form

If your firm has chosen not to submit a proposal for this procurement, please complete this form and submit to:

Purchasing Division, Department of Finance

1400 Main Street, Suite 420

Southlake, Texas 76092

Please check all items that apply:

Do not sell the item(s) required Cannot provide Insurance required

Cannot be competitive Cannot provide Bonding required

Cannot meet specifications highlighted in…