BEST VALUE BID

ANNUAL CONTRACT FOR UTILITY LINE LOCATING SERVICES

BID #1187

CITY OF CORINTH, TEXAS

IMPORTANT DATES:

ITB Issue Date: Monday January 5, 2026 ITB Publication Dates: January 5, 2026 and January 12, 2026 Questions Deadline: January 18, 2026 @ 2:00 PM CST Bid Due Date and Time: January 26, 2026 @ 10:00 AM CST Public Opening Time: January 26, 2026 @ 10:30 AM CST Anticipated Contract Effective Date: February 01, 2026

Sealed bids for the materials or services specified will be received by the City of Corinth until the date and time as indicated above.

Bids will be received electronically through Bonfire, the City’s e-procurement system at https://cityofcorinth.bonfirehub.com.

Electronic submittals must include all required information and attachments; with required signatures. All response documents must be uploaded and included with your submittal in order to be considered.

Bid Contact:

Haley Koehler Purchasing Manager purchasing@cityofcorinth.com

(940) 498-3287

Additional instructions for preparing a response are provided within. All bids must be submitted on the attached Bid Proposal Forms. All forms in Appendix B must be completed, signed and returned with the bid.

Requests for additional information should be made no later than the questions deadline above and shall be directed to https://cityofcorinth.bonfirehub.com. All requests must be made in writing. Oral explanations will not be binding.

Any interpretations, corrections, clarifications, or changes to this Invitation to Bid or specifications will be made by addenda.

Addenda will be posted at https://cityofcorinth.bonfirehub.com It is the responsibility of the bidder to monitor the Bonfire website for addenda. Bidders shall acknowledge receipt of all addenda by submitting a signed copy with their bid.

The City of Corinth reserves the right to reject any and all bids and to waive defects in bids. No officer or employee of the City of Corinth shall have a financial interest, direct or indirect, in this or any contract with the City of Corinth. Minority and small business vendors are encouraged to submit a bid on any and all City of Corinth projects.

The City appreciates your time and effort in preparing a response. Please note that bids must be received by the due date and time shown above. Bids received later than the date and time above will not be considered. The City does not accept oral, telephone, or faxed bids. Bids submitted orally, by phone, email or fax will be disqualified and will not be considered in the evaluation process. Bids will be accepted only if submitted online through Bonfire. The City will not be responsible for, or consider missing, lost, or late submissions.

CITY OF CORINTH BID #1187

ANNUAL CONTRACT FOR UTILITY LINE LOCATING

1. INTRODUCTION

The City of Corinth (City) is requesting bids for an annual contract for Underground Utility Line Locating services as described in the following bid specifications. The successful bidder shall execute a contract to furnish all equipment, materials, supplies, labor, permits, insurance and licenses as necessary to provide goods/services in accordance with the instructions, specifications, terms and conditions set forth in this bid. It is the intent of the City to select one provider for the aforementioned goods/services. The successful bidder will be considered the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the contract.

The successful bidder will be awarded a twelve (12) month contract, effective from date of award or notice to proceed as determined by the City. At the City’s option and approval by the Contractor, the contract may be renewed for four

(4) additional one (1) year periods, if agreed upon in writing by both parties. Bid prices will remain firm for the entire contract period.

If the City exercises the right to renew the contract, the awarded vendor shall update and submit any legal documents required during the initial solicitation by no later than thirty (30) calendar days prior to the commencement of the option period. These documents, if applicable, may include, but are not limited to, Insurance Certificates and Performance Bonds and must be in force for the full period of the option. If the updated documents are not submitted by the awarded vendor(s) in complete form within the time specified, the City will rescind its option and seek a new bid solicitation.

2. SPECIFICATIONS/SCOPE OF SERVICES

Bidder shall comply with all requirements herein. Exceptions or deviations from the specifications shall be noted on the Submittal Exception Form.

The Contractor shall, at all times, perform and provide the services to the City as set forth herein prior to performing and/or providing any of the same or similar services to any other person or entity.

A. Contractor Responsibilities

Contractor shall perform the services in accordance with the performance standards and shall:

1. Maintain proper and verifiable insurance as outlined in the City’s insurance requirements

2. Maintain proper and verifiable licenses and certifications

3. Adhere to all Federal, State and Local laws and regulations at all times

4. Perform the services and operate in an environmentally sound way as not to create damage or cause exposure by virtue of negligence or omission

B. General Standards and Procedures

1. It is understood and agreed that the Contractor shall not assign, sublet, or transfer any of the rights and duties under the terms of this agreement without the prior approval of the City. The City shall not pay for travel time.

2. The Contractor shall employ only such superintendents, supervisors, and workers who are careful, competent and fully qualified to perform the duties or tasks assigned to them and shall secure the summary dismissal of any person or persons employed by the Contractor in or about or on the work who shall misconduct him/herself or be otherwise objectionable or neglectful in the proper performance of his or her duties or who neglects or refuses to comply with or carry out the directions of the Contractor.

3. The Contractor shall hire capable employees, qualified to conduct the required work.

4. The Contractor and/or the Contractor's employees will assume complete responsibility for any claim of property damage or bodily injury, which may directly or indirectly arise from the employee's performance under the terms of this agreement. The Contractor's employees will hold harmless, release and defend the City from all claims of liability that directly or indirectly arise under the terms of this agreement.

5. At Contractor's own cost and expense, Contractor shall comply with all laws, ordinances, rules, and regulations of the federal, state and local authorities and departments relating to or affecting the work hereunder, and shall secure and obtain any and all permits, licenses, certifications and consents as may be necessary in connection therewith.

6. The Contractor shall not recover from the City of Corinth the cost for damaged equipment as a result of the required tasks regardless of the condition of the property.

7. Contractor shall provide all equipment, labor and material necessary to perform the required service. No equipment, material or personnel shall be provided by the City to Contractor.

8. The City’s payment terms are net 30 days. The contract pricing will not adjust to inflation of prices during the term of the agreement.

9. Invoices for service shall contain at least the following information:

Service Date Location of Services Description of Services provided Total Amount Contract Number

C. Safety & Health

City intends to hire a Contractor who can demonstrate a good safety record and the necessary environmental, safety and health, and employee training programs. City expects Contractor to accept primary responsibility for job safety and the day-to-day implementation of proper safety and health programs, and for ensuring that its employees engage in safe work practices.

City has the same high expectations for the safety and health performance of its Contractor as it does for its own workforce. Contractor is expected to conduct a visible, effective safety program that includes providing appropriate training for employees and holding regular safety meetings.

Contractor’s safety and health practices will be subject to review and approval by City. The safety and health practices and procedures should cover, at a minimum, the following areas:

1) Occupational safety (in compliance with applicable local, state and OSHA regulations)

2) Electrical safety

3) Personal protective equipment

4) Public safety

5) Environmental safety

6) Vehicle safety

7) Emergency response and first aid

8) Employee safety & health training

9) Reporting and documentation

D. SCOPE OF WORK

The scope of work shall be finalized upon the selection of the Firm. The respondent’s submission shall have accurately described your understanding of the objectives and scope of the requested products and services and provided an outline of your process to implement the requirements of the Scope of Work and Services. It is anticipated that the scope of work will include, at a minimum, the following:

Contractor shall perform the following in accordance with all State, County, and local laws and ordinances that apply.

LOCATE AND MARK WATER AND WASTEWATER FACILITIES

Contractor shall locate and mark all the City of Corinth water and wastewater lines hence fourth called “Utilities” when requested, using the appropriate “Digg Tess” color code for marking. This work shall include but not be limited to physically locating all underground utilities in the field or clearing the request (notifying the caller that there are no buried facilitates within the scope of the Digg Tess ticket), attending pre-Construction and Damage Prevention Association (CADPA) meetings, as required by the City. Contractors working directly for the City will be treated as a standard ticket, the City will not locate for them.

The Contractor shall be responsible for:

(a) The Contractor shall be fully responsible for providing all electronic devices, ticket management systems, mapping software and company vehicles necessary to perform all required locating services. This includes, but is not limited to, laptops, tablets, mobile phones, GPS-enabled equipment, ticket processing platforms, fleet vehicles clearly marked with the Contractor’s company logo and any associated software licenses needed to receive, manage, photo document, close out locate requests and return the Dig Tess Agency on daily basis based on ticket code priority. The Contractor shall ensure all devices, systems and vehicles are properly maintained, updated, and fully operational throughout the contract term. No equipment, vehicles software, or licensing will be supplied by the City, and the Contractor shall bear all costs associated with procurement, upgrades, subscriptions, maintenance, fuel, insurance, and replacements. Since time is of the essence, the Contractor shall establish a twenty-four (24) hour per day, seven (7) day per week method of receiving and responding to tickets.

(b) Monitoring all open requests. Contractor shall close and return to Digg Tess Agency all locate requests within Dig Tess Agency ticket requirement of receipt of each request. There shall be Contractor system access devised that will allow City viewing to status of the work (i.e.; complete ticket information, ticket completion photos, number of tickets received, number of tickets marked before dig date, number of tickets marked late, number of projects, number of emergencies).

1. ONE-CALL SYSTEM – DIGG TESS

Contractor stall obtain “Digg Tess” information related to Utility facilities only for work performed pursuant to Contract and shall not provide such “Digg Tess” information to anyone except Contractor's employees without City of Corinth prior written consent. Every precaution should be taken to protect this information pursuant to the current Department of Homeland Security concerns for utility information disclosure. Contractor shall sign and adhere to any and all non-disclosure agreements as requested by the City.

Digg Tess will send tickets directly to the contractor, with a copy to City of Corinth for review. The contractor will not be required to pick up tickets daily from City of Corinth.

2. PERFORMANCE AUDITS

The timeliness and completeness of Contractor's locates shall be randomly verified by City of Corinth or jointly by City of Corinth and Contractor at any time. Any issues identified in these audits will require immediate and documented corrective actions by Contractor. Contractor will provide City of Corinth a statistical summary of audits performed, and a statistical summary of audits performed and access to quality reports. Awarded contractor will provide a quarterly report to Utilities of audits. Contractor shall include a copy of their standard audit process with their proposals or make it available upon request.

3. DAMAGES TO CITY OF CORINTH UTILITIES

City of Corinth & Contractor will make a reasonable attempt to notify each other of all damages to utilities within twenty-four (24) hours, excluding weekends. If the cause of damages is marking error or omission, the City of Corinth Public Works Administration will submit an invoice to the Contractor for the damage repair costs. If the Contractor disputes the invoice, Contractor shall provide notice to City of Corinth Public Works Administration within ten (10) calendar days of the invoice date. The dispute regarding the invoice must be resolved within twenty (20) calendar days of the invoice date. Damage payments shall be made to City of Corinth within thirty

(30) days of the date of the invoice.

Contractor Performance

Damage to City of Corinth due to marking errors and omissions shall be less than two (2) at-fault damages per one thousand (1000) locates. The quality (timeliness, accuracy and completeness) of the locates shall be randomly verified by City of Corinth (or, at the Contractor’s request, jointly) and is expected to be at least 99.8% accurate. If any of the performance parameters are outside the limits set forth above, the parties agree to meet to determine the root-cause and agree on a resolution that will improve the Contractor's performance to where it is compliant with the required specifications.

4. BILLING RELATED ITEMS

Billable Unit: Contractor’s timely response to a locate request per ticket. Contractor shall mark to the scope of the “Digg Tess” ticket. Where there is no buried utility, an “All Clear” mark will be required. Unimproved streets, gravel roads, and private drives are to be considered as "streets" and are not to be confused with, or considered to be an individual's driveway.

Late Marking: Any request that is marked after the start date (dig date) and time, including emergency requests.

Late Notice: Any request giving the Contractor less than two (2) working days to mark.

Emergency Request: A locate request requiring immediate dispatch of a local crew to the specified site. Site arrival time must be within two (2) hours after notification to Digg Tess

Contractor shall respond to a routine locate request and mark the involved facilities in advance of the proposed construction start time. Contractor shall provide Corinth with a written explanation for any locate request not completed prior to the start date and time.

(a) Contractor shall respond to a locate request marked/labeled "emergency" by dispatching a local crew in the vicinity to the location site immediately upon notification. Arrival time to the site must be within two

(2) hours after receipt of such notification and locate request.

(b) Contractor shall respond to Late Notices immediately upon receiving the notice.

(c) Time and material rates will apply to any special projects or standby work assigned to the Contractor. City of Corinth Utilities must approve time and material rates before the work is completed.

5. MAPS, RECORDS AND MATERIALS

City of Corinth will provide maps and records to assist the Contractor in performing the work properly. THESE MAPS AND RECORDS ARE INTENDED TO SERVE AS A GUIDE ONLY AND SHALL NOT BE USED IN LIEU OF ELECTRONIC LOCATING EQUIPMENT FOR LOCATING FACILITIES. The Contractor shall electronically verify the location of all utilities prior to marking or "field clearing". If the Contractor cannot locate a utility, or if there is a discrepancy between the maps and records and the Contractor's findings in the field, Contractor shall request assistance from a representative designated by City of Corinth. If Contractor discovers an error in City of Corinth maps or records, Contractor shall furnish sufficient documentation (a corrected copy of said record) to City of Corinth so that City of Corinth records can be corrected.

Marking intervals and lengths/widths of each mark shall be City of Corinth standard. All marking paint shall be furnished by the Contractor and adhere to the current published “Digg Tess” color codes for each type of utility marked. Marking Flags will be furnished by Contractor. Additional specifications shall be as follows:

MARKING MATERIALS

Paint: Potable Water - Blue

Sanitary Sewer (Pressurized and Non-Pressurized) - Green

Flags: Marking flags provided by Contractor shall match “Digg Tess” color codes and be sized and labeled accordingly.

The Contractor shall visit the location for each ticket received from City of Corinth. If there are no facilities involved in the proposed activity, the Contractor shall leave an “All Clear” mark with flag. (If, for whatever reason, an “All Clear” flag cannot be left, the Contractor shall notify the caller or use the procedure determined by the parties prior to the start of work.

6. CONTRACTOR EMPLOYEE TRAINING

Prior to the performance of the services specified, each of the Contractor's employees shall have successfully completed the Contractor's basic training course. Contractor shall supply the training outline and any updates to City of Corinth for review prior to Contractor performing the services.

7. ADDITIONAL INFORMATION

a) Regarding project tickets, eight (8) hours on a job does not have to be consecutive hours. Contractor may come back to complete work as needed. Prior approval from Corinth is required for project tickets.

b) Contractor is to notify City of Corinth if excessive update tickets requests are submitted that do not align with original request information. City of Corinth will notify requester of the discrepancy to ensure that Contractor’s work force is not overwhelmed that can potentially cause delays in other ticket requests.

c) The claims process will start with a valid ticket.

d) For high priority mains, contractor must contact City of Corinth. City of Corinth will determine who locates and while an excavator is crossing the high priority main, a representative from the contractor must be on-site and be able to visually verify that the excavator is remaining at least 2 feet away both horizontally and vertically.

e) Contractor is required to provide monthly ticket reports with invoice, via e-mail, to the designated City of Corinth representative. Reports must be provided in pdf and Excel format. Reporting shall include, but not be limited to, Ticket CDC, Ticket request I.D., Ticket type, Ticket code, Ticket cost, Due date, Ticket transmit data, Service box area (SBA) description, County, Township, Contractor, Contractor address, Work for, Work type and Invoice date.

f) The following are definitions of a locate:

a. Locate from the meter to the main for all service lines if a service line is not locatable (due to the service not having tracer wire) mark the meter or clean out on the curb with an arrow of the appropriate color

b. Locate all mains for the extent of the entire locate

g) There is no digging under this contract. City of Corinth is to be contacted if a line cannot be located.

3. SUBMITTAL REQUIREMENTS AND INSTRUCTIONS

A. Format and Requirements for Proposal Submittal

The proposal shall contain the following information at a minimum to be considered responsive and shall be in the following order:

Do not enclose preprinted materials in place of a response. These materials will not be considered a response to the requirements.

1. Vendor Questionnaire

Complete the electronic vendor questionnaire on the Bonfire portal at https://cityofcorinth.bonfirehub.com.

Responses are required for information requested in the questionnaire. Referring to attached documents is not considered a response.

The following information will be required to complete the questionnaire:

2. Compliance with the Requirements of Specifications/Scope of Service

3. Ability to provide requested services

4. Pricing a). Provide the completed bid proposal form (Appendix B). Pricing will be evaluated based on Best Value scoring.

5. Training

a) Active Safety Program - Provide a description of current Safety Program, to include topics, frequency of training, etc.

b) Procedures to prevent equipment damage, prevent service interruptions, and ensure accurate utility identification and marking.

6. References. Provide a minimum of three (3) past or current references where like services have been provided for municipalities with a population of at least 20,000. Include the following information:

Name of City Contact Person with telephone number and email address Description of the services provided Length of contract

7. Schedule Provide a detailed proposed schedule for providing contract services, including:

a) Proposed operating hours for responding to Texas 811 tickets

b) Available staffing levels

c) Emergency or after-hours availability

d) Provide Area Manager Contact Information

8. Disclosures

a) Respondents must disclose any pending litigation or lawsuits.

b) Provide copy of Form 1295 Certificate of Interested Parties. All respondents must file the form electronically at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm and submit a signed copy of the form to the City with their proposal (see sample in Appendix B).

c.) All respondents must complete the Conflict-of-Interest Questionnaire and submit a signed copy with their proposal. (Form provided on the Bonfire portal)

9. Acknowledgment of Addenda, if applicable.

Acknowledge and sign all addenda, if applicable

10. Submittal Forms – Appendix B.

All forms in Appendix B must be completed, signed and returned with the bid. Pricing must be submitted on the Bid Proposal Form. Only stated service charges will be considered in determining award as shown on the form. Alternate pricing submitted may deem your bid to be non-responsive and disqualified from further consideration.

11. Sample Service Contract The successful Respondent will be required to execute a substantial copy of the City’s form contract included as a sample in this ITB. Exceptions to the contract shall be provided in the Submittal Exceptions Form.

Exceptions will not be allowed after submittal of the Contractor’s proposal.

4. EVALUATION PROCEDURES

The City will review all bids for completeness based on the requirements in this ITB. Those found to be incomplete or fail to address the needs of the City may not be evaluated.

A selection committee will rank the bids received in accordance with the requirements defined in the ITB. The City will select the bid that provides the best value to the City based on the following evaluation criteria:

Experience and Qualifications - 25%

Performance and Capacity: - 15%

References (minimum of three municipalities) - 5%

Schedule for all services - 10%

Cost - 30%

The award of the contract shall be made to the bidder who provides the best value to the City relative to price, qualifications, and quality of services, as set forth above. Bids may not be withdrawn or canceled for a period of (90) days following the date designated for the receipt of bids, and bidders so agree upon the submission of their bids.

Bidders are expected to examine all instructions, specifications, requirements, and terms and conditions prior to submitting their bid. Failure to do so will be at the bidder’s risk. All bids and related materials become the property of the City.

APPENDIX A

GENERAL INFORMATION

INSURANCE REQUIREMENTS

STANDARD TERMS & CONDITIONS

A. GENERAL INFORMATION

1. Confidentiality: After sealed bids have been opened, bids are open for public viewing upon request. If the proposal contains trade secrets or confidential information, the Respondent must specifically list that portion as confidential. All other parts of the proposal are open for public viewing upon request. At no time will confidential information, as noted by the Company, be released, unless ordered by a court or the Attorney General.

2. Bid Preparation Cost: All costs associated with the preparation of the bid will be borne by the bidder.

3. Withdrawal of Bid: Bids may be withdrawn prior to the closing time for bids, as long as the request is submitted in writing by an authorized representative. Thereafter, all bids shall remain open and valid for a period of 90 days.

4. Authorized Signature: All bid forms must be signed by persons who have the legal authority to bind the company to enter into an agreement with the City.

5. Conflicts: To the extent any portion of this section conflicts with the Standard Terms and Conditions, the provisions of this section shall be controlling.

6. Insurance

A. It is highly recommended that Respondents confer with their respective insurance carriers or brokers to determine in advance of Proposal submission the availability of insurance certificates and endorsements as prescribed and provided herein. If a Respondent fails to comply strictly with the insurance requirements, that Respondent may be disqualified from award of the contract. Upon contract award, all insurance requirements shall become contractual obligations, which the successful respondent shall have a duty to maintain throughout the course of this contract.

B. Respondent may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Respondents are strongly advised to make such requests prior to proposal opening, since the insurance requirements may not be modified or waived after proposal opening unless a written exception has been submitted with the bid.

C. The Contractor shall provide Certificates of Insurance with the coverages and endorsements required to the City as verification of coverage prior to contract execution and within fourteen (14) calendar days after written request from the City. Failure to provide the required Certificate of Insurance may subject the proposal to disqualification from consideration for award. The Contractor must also forward a Certificate of Insurance to the City whenever a previously identified policy period has expired, or an extension option or hold over period is exercised, as verification of continuing coverage.

D. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Corinth.

7. Insurance Requirements

Vendors/Contractors shall procure and maintain for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the vendor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be borne by the vendor. A certificate of insurance meeting all requirements and provisions shall be provided to the City prior to any services being performed or rendered. Renewal certificates shall also be supplied upon expiration.

A. Minimum Scope of Insurance: Coverage shall be at least as broad as:

1. ISO Form Number GL 00 01 (or similar form) covering Commercial General Liability. “Occurrence” form only, “claims made” forms are unacceptable. Policy must include coverage for:

a. Premises/Operations

b. Broad Form Contractual Liability

c. Products and Completed Operations

d. Personal Injury

e. Broad Form Property Damage

f. Independent Contractors

2. Workers Compensation insurance as required by the Labor Code of the State of Texas, including Employers’ Liability Insurance. Worker’s Compensation /Employers' Liability insurance is only required if contractor/vendor will use their own employees for the provision of General or Professional services under the contract

3. Automobile Liability as required by the State of Texas, covering all owned, hired, or non-owned vehicles. Automobile Liability is only required if vehicle(s) will be used under the contract.

4. Professional Liability, also known as Errors and Omissions Coverage. Professional Liability is only required for Professional Services contracts.

B. Deductibles and Self-Insured Retentions: Any deductible or self-insured retention in excess of $10,000 must be declared to and approved by the City.

C. Other Insurance Provisions: The policies are to contain, or be endorsed to contain the following provisions.

1. General Liability and Automobile Liability Coverage:

a. The City, its officers, officials, employees, boards and commissions and volunteers are to be added as “Additional Insured’s” relative to liability arising out of activities performed by or on behalf of the vendor/contractor, products and completed operations of the vendor, premises owned, occupied or used by the vendor/contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers.

b. The vendor/contractor insurance coverage shall be primary insurance in respects to the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be in excess of the vendor’s insurance and shall not contribute with it.

c. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the City, its officers, officials, employees, boards, and commissions or volunteers.

d. The vendor/contractor insurance shall apply separately to each insured against whom the claim is made or suit is brought, except to the limits of the insured’s limit of liability.

2. Workers Compensation and Employer’s Liability Coverage: The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by the vendor for the City.

3. All Coverage: Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled or non-renewed by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given the City. In the event the companies providing the required insurance are prohibited by law to provide any such specific endorsements, the vendor/contractor shall provide at least thirty (30) days prior written notice to the City of any cancellation, non-renewal and/or material changes to any of the policies of insurance. Failure to provide notification shall be deemed a default and/or breach of contract.

4. The City may request different limits of coverage depending on the scope or cost of the project.

D. Acceptability of Insurers: The City prefers that insurance be placed with insurers with an A.M. Best’s rating of no less than A-VI, or better.

E. Verification of Coverage: Vendor/Contractor shall provide the City certificates of insurance indicating the coverage required. The certificates are to be signed by a person authorized by that insurer to bind coverage on its behalf. Certificates of Insurance similar to the ACORD Form are acceptable. City will not accept Memorandums of Insurance or Binders as proof of insurance. The City reserves the right to require complete, certified copies of all required insurance policies at any time.

F. Insurance Waiver Request. Vendors/contractors requesting a waiver of the minimum limits of insurance identified in section 1.1.B must submit the request in writing. Please note, commercial general liability cannot be waived. Requests to waive other coverage requirements will be considered in the bid evaluation process. The vendor/contractor must also complete, sign, and return the Release Agreement form to the Purchasing Office prior to authorization to perform services for the City.

1.1 GENERAL SERVICES REQUIREMENTS

A. Definition: General Services are defined as services performed on City property, including but not limited to: Installation, Landscape, Maintenance, Custodial, Electrical, Painting, Welding, Plumbing, Transportation, Street Sweeping, Fireworks, Moving, Concessions, etc.

B. Minimum Limits of Insurance:

1. Commercial General Liability: $500,000 per occurrence / $2,000,000 in the aggregate for third party bodily injury, personal injury and property damage. Policy must include coverage listed in Section 1.A.1.

2. Workers Compensation and Employer’s Liability: Workers Compensation limits as required by the Labor Code of the State of Texas and Statutory Employer’s Liability minimum limits of $100,000 each accident, $300,000 Disease - Policy Limit, and $100,000 Disease – Each Employee. Worker’s Compensation /Employers' Liability insurance is only required if contractor/vendor will use their own employees for the provision of services under the contract.

3. Automobile Liability: $500,000 Combined Single Limit. Limits can only be reduced if approved by the City. Automobile liability shall apply to all owned, hired, and non-owned autos. Automobile Liability is only required if vehicle(s) will be used under the contract.

STANDARD TERMS AND CONDITIONS

The terms and conditions set forth in this request for proposal shall be incorporated into and be a part of any proposal submitted to the City of Corinth for the goods and/or services specified. No other terms and conditions shall apply unless approved in writing by the City of Corinth, Texas.

1. ADDENDA: Any interpretations, corrections or changes to the information or specifications will be made by addenda. Sole issuing authority of addenda shall be vest in the City of Corinth Purchasing Manager. Addenda will be posted at https://cityofcorinth.bonfirehub.com. It is the responsibility of the Respondent to check the Bonfire website for addenda.

Respondents shall acknowledge receipt of all addenda by submitting a signed copy with their bid/proposal.

2. ADVERTISING: The successful Respondent shall not advertise or publish, without the City’s prior approval, the fact that the City has entered into a contract, except to the extent necessary to comply with proper requests for information from an authorized representative of the Federal, State, or local government.

3. ALTERING BID/PROPOSAL PRICING: Prices offered shall be submitted for units of quantity as specified in the bid/proposal document, extended and totaled. In the case of a discrepancy in the extended price, the unit price shall govern and control. Any alteration, strike-through or erasure made prior to bid/proposal opening shall be initialed by the signer of the bid/proposal, guaranteeing authenticity.

FOR BIDS ONLY: Prices offered cannot be altered or amended after the submission deadline. Bids may not be changed for the purpose of correcting an error in bid price after bid opening.

4. ASSIGNMENT: The successful respondent shall not sell, assign, transfer or convey the awarded contract, in whole or in part, without the prior written consent of the City.

5. AWARD: The City reserves the right to award by line item, section, or by entire bid/proposal; whichever is most advantageous to the

City. The City may also consider administration costs when awarding to multiple vendors.

The City may award bids/proposals to the lowest responsive responsible vendor(s), or to the vendor(s) who provides goods or services at the best value to the City. If using the best value method, the selection criteria will be clearly identified in the bid/proposal document.

The best value method may take into consideration, in whole or in part, by way of illustration and not limitation, the following criteria:

A. The reputation of the respondent and of the respondent’s goods or services;

B. The quality of the respondent’s goods or services;

C. The extent to which the goods or services meet the City’s needs;

D. The respondent’s past relationship with the City;

E. The total long-term cost to the City to acquire the respondent’s goods or services;

F. Any relevant criteria specifically listed herein.

6. BID/PROPOSAL SUBMITTAL: The City utilizes Bonfire to advertise and receive bids/proposals electronically. Bids will be received electronically through Bonfire as specified in the bid/proposal packet.. Electronic submittals must be submitted through the Bonfire portal at https://cityofcorinth.bonfirehub.com; and must include all required information and attachments; with required signatures. All response documents must be uploaded and included with your submittal in order to be considered.

7. BRAND NAME, CATALOG OR MANUFACTURER’S REFERENCE: Any reference to brand name, catalog or manufacturer’s reference is used to be descriptive, not restrictive, and is indicative of the type and quality the City desires to purchase. Bids/proposals on similar items of like quality may be considered if the bid/proposal is noted and fully descriptive brochures are enclosed. If notation of substitution is not made, it is assumed the respondent is proposing exact item specified. Successful respondent will not be allowed to make unauthorized substitutions after award.

8. CHANGE ORDERS: No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in the resulting contract. The City of Corinth’s Purchasing Agent will make all change orders to the contract in writing as allowed by law.

9. COMMUNICATION: The successful respondent shall direct all contact with the City through the Contract Administrator identified in the

Contract. The Respondent will not directly respond to, make inquiries of, survey or solicit information from, or otherwise interact with any departments, divisions, employees, or agents of the City unless specifically approved, or requested by the Contract Administrator.

10. COMPANIES ENGAGED IN BUSINESS WITH IRAN, SUDAN, OR FOREIGN TERRORIST ORGANIZATION: Pursuant to Texas

Government Code Chapter 2252, Subchapter F, Seller affirms that it is it not identified on a list created by the Texas Comptroller of Public Accounts as a company known to have contracts with or provide supplies or services to a foreign terrorist organization.

11. CONFLICT OF INTEREST: In compliance with Local Government Code §176.006, all vendors shall file a completed Conflict of Interest

Questionnaire with the City’s Purchasing Office.

12. CONTRACT ADMINISTRATOR: Under the contract, the City may appoint a contract administrator with designated responsibility to ensure compliance with contract requirements, such as but not limited to, acceptance, inspection and delivery. If appointed, the administrator will serve as liaison between the City and the successful contractor.

13. CONTRACT ENFORCEMENT:

A. The City reserves the right to enforce the performance of any contract that results from an award of this bid/proposal packet.

Enforcement shall be in any manner prescribed by law or deemed to be in the best interest of the City in the event of breach or default of the contract. Breach of contract authorizes the City to make an award to another respondent, purchase the service elsewhere and to charge the full increase in cost and handling to the defaulting contractor. Additionally, the City will remove the defaulting contractor from the City's list of approved vendors for a period of two years.

B. Respondents who submit proposals for this service agree that the City shall not be liable to prosecution for damages in the event that the City declares the successful contractor in default.

C. Any notice provided by this bid/proposal packet (or required by law) to be given to the successful Respondent by the City shall be conclusively deemed to have been given and received on the next day after such written notice has been deposited in the mail at the City of Corinth, by Registered or Certified mail with sufficient postage affixed thereto, addressed to the successful Respondent at the address provided in the bid/proposal; this shall not prevent the giving of actual notice in any other manner.

D. The successful Respondent and the City agree that both parties have all rights, duties and remedies available as stated in the

Uniform Commercial Code (UCC). In case of a conflict between the terms of this bid/proposal packet and the UCC, the bid/proposal packet will control.

14. DELIVERY:

A. Delivery date is important to the City and may be required to be a part of each bid/proposal. The City considers delivery time to be that period elapsing from the time the individual order is placed until that order is received by the City at the specified delivery location. The delivery date indicates a guaranteed delivery to the City of Corinth. Failure of the respondent to meet guaranteed delivery dates or service performance could affect future City orders.

B. The City may reject and refuse any delivery, which falls below the quality designated in the specifications. The cost of return and/or replacement will be at the Respondent’s expense.

C. The City reserves the right to demand bond or penalty to guarantee delivery by the date indicated. If order is given and the

Respondent fails to furnish the materials by the guaranteed date, the City reserves the right to cancel the order without liability on its part. Pricing shall include all charges for freight, F.O.B. inside to specified delivery location.

D. Whenever the Contractor encounters any difficulty which is delaying or threatens to delay timely performance (including actual or potential labor disputes), the Contractor shall immediately give notice thereof in writing to the Purchasing Agent, stating all relevant information with respect thereto. Such notice shall not in any way constitute a basis for an extension of the delivery or performance schedule or be construed as a waiver by the City of any rights or remedies to which it is entitled by law or pursuant to provisions herein. Failure to give such notice, however, may be grounds for denial of any request for an extension of the delivery or performance schedule because of such delivery.

15. ETHICS: The Respondent shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official, or agent of the City except in accordance with City Policy.

16. EXCEPTIONS/SUBSTITUTIONS: All proposals meeting the intent of this bid/proposal packet will be considered for award. Respondents taking exception to the instructions, specifications, terms and conditions or offering substitutions, shall state these exceptions in the section provided or by attachment as part of their bid/proposal. The absence of such a list shall indicate that the Respondent has not taken exceptions and shall hold the Respondent responsible to perform in strict accordance with the instructions, specifications, terms and conditions of the bid/proposal packet. The City of Corinth reserves the right to accept any and all or none of the exception(s)/substitution(s) deemed to be in the best interest of the City.

17. FELONY CRIMINAL CONVICTIONS: The Respondent represents and warrants that neither the Respondent nor the Respondent’s employees have been convicted of a felony criminal offense, or under investigation of such charge, or that, if such a conviction has occurred, the Respondent has fully advised the City as to the facts and circumstances surrounding the conviction.

18. FORCE MAJEURE: Force majeure is defined as an act of God, war, strike, fire or explosion. Neither the successful Respondent nor the City is liable for delays or failures of performance due to force majeure. Each party must inform the other in writing with proof of receipt within three (3) business days of the occurrence of an event of force majeure.

19. INDEMNITY AGREEMENT: The Contractor hereby agrees to and shall indemnify, hold harmless, and defend the City, its officers, agents and employees from and against any and all claims, losses, damages, demands, causes of action, suits and liability of every kind, including all expenses of litigation, court costs and attorneys' fees, for injury to or death of any person, for loss of use or revenue, or for damage to any property arising out of or in connection with the actual or alleged malfunction, design or workmanship in the manufacture of equipment, the fulfillment of this Contract, or the breach of any express or implied warranties under this Contract. Such indemnity shall apply where the claims, losses, damages, causes of action, suits or liability arise in part from (i) the negligence of the Contractor, and/or their respective officers, agents and/or employees or

(ii) the negligence of the Contractor, its officers, agents and employees. It is the expressed intention of the parties hereto, both Contractor and the City, that the indemnity provided for in this paragraph is indemnity by Contractor to indemnify and protect the City from the consequence of (I) the Contractor’s own negligence where that negligence is the cause of the injury, death, or damage. Furthermore, the indemnity provided for in this paragraph shall have no application to any claim, loss, damage, cause of action, suit and liability where in injury, death or damage results from the negligence of the City. In the event any action or proceeding is brought against the City by reason of any of the above, the Contractor agrees and covenants to defend the action or proceeding by counsel acceptable to the City. The indemnity provided for herein shall survive the termination or expiration of this Contract.

20. INVOICES: Each invoice shall be fully documented as to the Contractor’s/vendor’s name and address, receiving department’s name and address, labor, materials and equipment provided, if applicable, and must reference the City of Corinth purchase order number in order to be processed. No payments shall be made on invoices not listing a purchase order number. Invoices shall be emailed directly to the City of Corinth, Attention: Accounts Payable, accountspayable@cityofcorinth.com

21. LATE SUBMITTALS: The City will reject late bids/proposals. The City is not responsible for lateness or non-delivery of mail, carrier, etc. and the date/time stamp in the Purchasing Office shall be the official time of receipt. The Respondent is responsible for ensuring that packets are delivered to the Purchasing Office. Respondents may confirm receipt of packets by contacting Haley Koehler, Purchasing Manager at 940-498-3287.

22. MINIMUM STANDARDS FOR RESPONSIBILITY: A prospective vendor must affirmatively demonstrate responsibility. The City may request representation and other information sufficient to determine respondent’s ability to meet the minimum standards including but not limited to:

A. Have adequate financial resources or the ability to obtain such resources.

B. Ability to comply with the required or proposed delivery schedule.

C. Have a satisfactory record of performance.

D. Have a satisfactory record of integrity and ethics.

E. Be otherwise qualified and eligible to receive an award.

23. NO BOYCOTT OF ISRAEL: Pursuant to Texas Government Code Chapter 2270, the successful Respondent agrees that acceptance of these Terms & Conditions serves as written verification that Contractor: (i) either meets an exemption criteria under Section 2270.002; or it (1) does not boycott Israel, as defined by Texas Government Code Section 808.001; and (2) will not boycott Israel during the term of the contract. This requirement does not apply to sole proprietorships, companies with fewer than ten employees; or contracts that are less than $100,000.00.

24. NO BOYCOTT OF ENERGY COMPANIES: Pursuant to Texas Government Code Chapter 2274, the successful Respondent verifies that it does not boycott energy companies and will not boycott energy companies during the term of this contract. This requirement does not apply to companies with fewer than ten full time employees; or contracts that are less than $100,000.00.

25. NON-APPROPRIATION CLAUSE: If the governing body of the City fails to specifically appropriate sufficient funds to make the payments due in any Fiscal Year under this Contract, an event of non-appropriation ("Event of Non-appropriation") will have occurred, the terms of this Contract will not be renewed, and Contractor or City may terminate this Contract at the end of the then current Fiscal Year, whereupon City will be obligated to pay those amounts then due subject to the provisions herein. Nothing in this Section or elsewhere in this Contract will be deemed in any way to obligate the City or create a debt of City beyond its current Fiscal Year. CONTRACTOR HAS NO RIGHT TO COMPEL CITY TO LEVY OR COLLECT TAXES TO MAKE ANY PAYMENTS REQUIRED HEREUNDER, OR TO EXPEND FUNDS BEYOND THE AMOUNT PROVIDED FOR IN THE THEN CURRENT FISCAL YEAR OF CITY.

26. NONDISRIMINATION AGAINST FIREARM AND AMMUNTION INDUSTRIES: Pursuant to Texas Government Code Chapter 2274, the successful Respondent verifies that it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and will not discriminate during the term of this contract against a firearm entity or firearm trade association. This requirement does not apply to companies with fewer than ten full time employees; or contracts that are less than $100,000.00.

27. PATENTS/COPYRIGHTS: The successful Respondent agrees to protect the City from claims involving infringements of patents and/or copyrights.

28. PAYMENT: Will be made…