9-1188 SOQ UNIFIED DEVELOPMENT CODE.pdf

REQUEST FOR STATEMENTS OF QUALIFICATIONS FOR

DEVELOPMENT OF UNIFIED DEVELOPMENT CODE

SOQ # 1188

CITY OF CORINTH, TEXAS

IMPORTANT DATES:

SOQ Issue Date: Monday, April 6, 2026 SOQ Publication Dates: Monday, April 6, 2026 and Monday, April 13, 2026 Virtual Pre-Submittal Meeting (Optional): Thursday, April 16, 2026 @ 2:00 PM CST Questions Deadline: Thursday, April 23, 2026 @ 9:00 AM CST Submittal Due Date and Time: Thursday, May 7, 2026 @ 10:00 AM CST

The Pre-Submittal Meeting will be held on Teams. Please use the following link to join the meeting at the date and time provided above:

https://teams.microsoft.com/meet/24165795307948?p=oglxaZCFEQUIc7DY1U Meeting ID: 241 657 953 079 48 Passcode: zg7Lb2n9

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

Proposals 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@corinthtx.gov

Additional instructions for preparing a response are provided within. All forms in Appendix B must be completed, signed, and returned with the proposal.

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 Request for Statements of Qualifications or specifications will be made by addenda. Addenda will be posted at https://cityofcorinth.bonfirehub.com It is the responsibility of the respondent to monitor the Bonfire website for addenda. Respondents shall acknowledge receipt of all addenda by submitting a signed copy with their proposal.

The City of Corinth reserves the right to reject any and all proposals and to waive defects in proposals. 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 proposals must be received by the due date and time shown above. Proposals received later than the date and time will not be considered. The City does not accept oral, telephone, or faxed proposals. Proposals submitted orally, by phone, or fax will be disqualified and will not be considered in the evaluation process. Proposals will be accepted only if submitted online through Bonfire.

The City will not be responsible for, or consider missing, lost, or late deliveries.

CITY OF CORINTH SOQ #1188

REQUEST FOR STATEMENTS OF QUALIFICATIONS FOR UNIFIED DEVELOPMENT CODE

1. INTRODUCTION

The City of Corinth is accepting Statements of Qualifications from qualified firms to provide services to develop a Unified Development Code as described in this Request for Statements of Qualifications (SOQ). The successful Respondent shall execute a contract with the City to furnish all equipment, materials, supplies, labor, permits, insurance, and licenses in accordance with the instructions, specifications, terms, and conditions set forth in this Request for Statements of Qualifications (SOQ). The successful Respondent 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 contract shall commence upon the issuance of a Notice to Proceed by the City and shall automatically expire upon completion of the work and acceptance by the City.

A pre-submittal “Virtual Meeting” will be held at 2:00 PM CST, April 16, 2026. Attendance is optional but be advised, the deadline for questions is 9:00 AM CST, April 23, 2026. Please see the link for the meeting below:

https://teams.microsoft.com/meet/24165795307948?p=oglxaZCFEQUIc7DY1U Meeting ID: 241 657 953 079 48 Passcode: zg7Lb2n9

2. BACKGROUND INFORMATION

The City of Corinth (“City”) is located along the Interstate 35E corridor between Denton and Dallas, in the north central portion of Texas. The City currently occupies a land area of 8 square miles and serves a growing population of approximately 23,000. In 2020, the City adopted the 2040 Envision Corinth Comprehensive Plan. The plan provides the foundation for neighborhoods are built to be walkable and bikeable and to accommodate all generations of residents, convenient access to goods and services, and compatible new development that provides for good transition from existing neighborhoods while continuing to attract investment and retain long-term value in Corinth.

Over the next several years, the City is expected to welcome several thousand new residents through various single-family, multi-family, and mixed-use projects that will bring much needed retail development to the City. Some of this planned and proposed development is oriented around a portion of the City that Staff is proactively working to shape into a true downtown area. Other recently completed developments and those underway are providing a wide variety of housing options to accommodate the various needs and desires for all ages and abilities. Multi-modal connectivity and usable shared green space has been a focus of these developments.

The current zoning Code, the Unified Development Code (UDC), was approved in 2013, seven years prior to the adoption of the Comprehensive Plan. The Comprehensive Plan is a long-range policy document that outlines the City’s vision, goals and strategies for future growth and development. The Plan serves as a blueprint for guiding organized, efficient and sustainable development and provides a framework for future development decisions.

To best facilitate the vision established in the Comprehensive Plan, the City’s Unified Development Code needs to be updated as parts of the UDC are in conflict with the Comprehensive Plan stated intent and goals and are inconsistent with market trends and demands. To provide for a zoning code that provides regulations that are consistent with the Comprehensive Plan and responsive to market demand, the City seeks the services of a qualified firm to produce an updated Unified Development Code that is consistent with the Comprehensive Plan. This critical deliverable must meet five primary goals:

Update, correct and streamline outdated regulations Conform with legislative changes Address development trends and uses that were not contemplated at the time of original ordinance adoption Ensure regulations support conservation and sustainability Align ordinances with the vision established in the Comprehensive Plan and other adopted long-range plans

The City of Corinth has received grant funding from the Texas General Land Office Resilient Communities Grant Program for the purpose of developing and updating the City’s Unified Development Code and updating any Building Codes that may result from modifications to the Unified Development Code.

This project is funded through the Texas General Land Office utilizing Community Development Block Grant Disaster Recovery (CDBG-DR )funds. Procurement and contracting must comply with the federal procurement standards set forth in 2 CFR Part 200, Sections 200.318 through 200.326, as well as all applicable state and local regulations. Key requirements include but are not limited to, the following:

a) Full and Open Competition

b) Qualifications Based Procurement

c) Public Advertisement

d) Equal Opportunity Compliance

e) Record Retention and Access:

f) Federal Contract Provisions

g) Written Method of Evaluation

h) Award https://www.glo.texas.gov/sites/default/files/resources/cdr/documents/grant-administration/procurement-contracts-guidelines/procurement-checklist.pdf https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/subject-group-ECFR45ddd4419ad436d

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

3. SPECIFICATIONS/SCOPE OF SERVICES

The scope of services listed below is not intended to be a comprehensive list of what the Respondent will provide.

The Respondent will develop a final scope of services in collaboration with the city.

The scope of services will, at a minimum, including the following:

Project Management – lead all aspects of the project, including managing budget and schedule, providing written updates to the City’s project liaison, advising the project’s advisory committee, and leading and facilitating focus groups and stakeholders. The Respondent will provide guidance throughout the process and strategies for successful project development and implementation.

Research, Analysis and Document Review – provide a diagnostic review report documenting a detailed review and summary of deficiencies identified in current development regulations (i.e. zoning and subdivision codes) integrating a comprehensive analysis identifying trends in land use, land development, population growth, public perception, and economic development to enhance an understanding of the current zoning ordinance, existing plans and strategies, outdated or inconsistent regulations, future development needs, and potential areas of impact. This deliverable, at a minimum, should address issues with current ordinances (i.e. conflicts between sections, silence on certain items, parking standards, lack of detail, direction contrary to current practice, and document organization). This should include a review of the codes against the following measures:

o Concurrency with the City’s Comprehensive Plan and other long-range plans o Compliance with State and Federal laws and case law o Overall cohesiveness and consistency o Enforceability o Workability for staff and general public o Understanding of Texas State Statutes as related to Municipal Zoning

Stakeholder Engagement and Listening – develop a successful public engagement strategy incorporating online and in-person surveys, interviews, focus groups, and public open houses, including city staff, elected officials, property owners, the development community, and others and providing a written summary and analysis of insight gained through the public engagement process. Respondents will be working primarily with Staff and the Planning and Zoning Commission throughout the project. The Staff and Planning and Zoning Commission will guide the development of the ordinance, review drafts and give feedback, and assist in generating support for community involvement and the ordinance update.

Draft Development Regulations – develop a Unified Development Code incorporating all aspects outlined in the scope of services, incorporating the Respondent’s methods and expertise, and guided by a solution and code outline analysis addressing challenges identified through the outreach, engagement and diagnostic review processes. This deliverable should include a working outline of the proposed updated ordinance. Respondents shall document the following:

o Missed key elements from the original zoning ordinance (i.e. use definitions, lighting standards, design criteria, special standards for certain uses, updated zoning use categories) o Updated subdivision regulations, within the unified development code framework, clarifying purpose, scope, definitions, subdivision review procedures, design and site standards, and infrastructure and public improvements incorporating best practices that strengthen, update or replace standards as appropriate o Elements that should be incorporated into the text rewrite (i.e. incorporation of existing regulations, clear, concise and well-defined permitted and conditional land uses, consolidation or removal of obsolete land uses, standards and districts, introduction of new uses, standards and districts) o Legal modifications necessary to align with the current Local Government Code and/or case law (i.e. improved enforceability, expanded definitions, graphics or tables to provide clarity), and o Opportunities for long-term relevance (i.e. clearly defined and enforceable redevelopment approaches or triggers, flexibility of process to support Staff’s ability to address the application of the ordinance within existing and future conditions, elevation of design standards for commercial and residential properties to address desired aesthetics and community character through building design, landscaping or screening standards, transitioning of non-conforming properties through innovative approaches and the removal of barriers to redevelopment)

Maps and Graphics – serve as the primary resource for data collection, analysis, and mapping (GIS), develop all graphic elements, including but not limited to maps and graphics identifying parcels with uses and structures that become inconsistent with proposed standards and zoning regulations, informational handouts, websites, surveys, and presentations, and develop a zoning map in GIS that coordinates with the proposed ordinance identifying all zoning districts, overlay districts, thoroughfares, and other applicable information.

Legal Consultation – provide legal opinions regarding specific questions that arise during the process as well as a full legal review of the final draft in coordination with the City Attorney.

Public Review and Approval - Facilitate a process of presentations of the draft to the Planning and

Zoning Commission, City Council, stakeholders, and the general public; ongoing refinement of the draft based on feedback from staff, stakeholders, and citizens; and tracking of all changes providing multiple iterations of the draft code, as necessary. Identify changes needed on the Zoning Map. Assist City staff with public outreach and explanation of the proposed changes. Present to the Planning and Zoning Commission and City Council, as necessary, facilitating any additional draft revisions requested until final adoption of the rewritten ordinance is made by the City Council. Attend and present at all public hearings related to adoption of the Ordinance, including related rezoning. City staff will provide the support for the meetings and presentations.

Reference Guide - create a reference guide that summarizes key parts of the Ordinance to assist in adoption and implementation. The guide should identify changes between the current and new ordinances and coordinate with the comprehensive plan.

Deliverables should incorporate the aforementioned considerations and the following key elements:

Innovation – incorporate innovative strategies that remove barriers and spur new development advancing the community’s vision (i.e. redevelopment, expanding residential opportunities through revised residential lot size providing opportunities to increase density and address needed updates to multifamily standards)

Document Design – the resulting document should be easy to navigate and translate easily for the general public and the development community and simplify enforcement by the city with text that is supported in a printed format and capable for functional and integrated online use through Municode and other similar platforms, including charts, graphics, images, and photos, with format and design structured for flexibility, considering future updates and revisions when desired, including the provision of individual files for graphic elements.

Procedural Elements – provide clear and concise language and processes meeting current and future needs

The City will support aspects of the project, including the provision of available data, supportive outreach, and stakeholder support to ensure community participation; support to secure locations and other local coordination and logistic needs; among other tasks depending on the needs of the project.

4. SUBMITTAL REQUIREMENTS AND INSTRUCTIONS

A. FORMAT AND REQUIREMENTS FOR TECHNICAL PROPOSAL SUBMITTAL (PRICE/COST RELATED

INFORMATION SHALL NOT BE INCLUDED IN THE 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. GENERAL REQUIREMENTS/SERVICES 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 document(s) is not considered a response.

The following information will be required to complete the questionnaire:

2. GENERAL REQUIREMENTS AND BACKGROUND

a) Company name and address

b) Years in business under present name.

c) Ownership Structure (Corporation/Partnership).

d) Names and titles of officers in the company.

e) Indicate the person in charge of this project.

f) Company trade organizations/associations/affiliations.

g) Project Manager name

h) Project Manager phone and email

3. QUALIFICATIONS OF FIRM

a) Demonstrate the firm’s qualifications and experience in performing the scope of services requested for this project.

b) Provide a minimum of three (3) references of similar projects completed within the last five to ten years.

Include current contact information.

c) Provide verifiable information regarding recent similar projects (minimum of three (3) within the last (15) years), including: Approved and Actual Budget, Examples of how you ensured value within the project budget, Timeline for Completion, Description of whether the client implemented all or part of the project, and description of other services offered as part of the project but not included in the scope.

4. TEAM EXPERIENCE AND PROJECT SUCCESS

a) Provide an organization chart showing the key members of the project team and sub-consultants, including team member names.

b) Provide resumes for key firm personnel that will be assigned to this project. Include license/certification, background experience, and project responsibilities of each key member.

c) Additional Team Members - Provide resumes for sub-consultants by type that will be assigned to this project. Include license/certification, background experience, and project responsibilities of each key member.

5. KNOWLEDGE AND EXPERIENCE WITH GLO/ GRANT REQUIREMENTS

a) Provide verifiable information regarding recent projects funded through the Texas General Land Office Resilient Communities Grant Program.

b) If there is no direct GLO experience, provide comparable experience with: CDBG-DR, HUD-funded programs, or other federally funded projects.

c) Demonstrate understanding of Federal Procurement standards (2 CFR 200) and compliance, reporting, and documentation requirements

6. PROJECT APPROACH

a) Discuss the proposed technical approach to fulfill the scope of services listed within this SOQ. The project approach should include logical sequencing and organizational methods

b) Discuss your project management approach as it relates to this project.

c) Describe the firm’s approach to demonstrate an understanding of the project, challenges, and strategies that will be employed to complete the project.

7. TECHNICAL INNOVATION & CREATIVE THINKING

a) Describe any innovative or local and regional best-practices your firm will use to: Improve efficiency, enhance usability of the Unified Development Code, and address future development trends.

b) Highlight any unique tools, engagement strategies, or implementation techniques.

8. AVAILABLE RESOURCES AND CAPACITY

a) Describe the firm’s current workload and availability.

b) Provide firm’s proposed timeline to complete each of the two phases. Target completion date for the entire project is September 23, 2027.

9. DISCLOSURES

a) Respondents must disclose any pending litigation or lawsuits.

b) Provide copy Form 1295 Certificate of Interested Parties. All respondents must file the form electronically at https://ethics.state.tx.us/filinginfo/1295/ 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).

d) All respondents must complete the SB 1623 Debarment and Suspension Certification form. (Form provided on the Bonfire portal).

10. ACKNOWLEDGMENT OF ADDENDA, IF APPLICABLE

Acknowledge and sign all addenda, if applicable.

11. SUBMITTAL FORMS - APPENDIX B – ALL FORMS ARE LOCATED IN BONFIRE

Complete and sign all forms included in Appendix B.

12. CONSULTING SERVICES AGREEMENT – APPENDIX B

The successful Respondent will be required to execute a substantial copy of the City’s form contract.

Exceptions to the contract shall be provided in the Submittal Exceptions Form. Exceptions will not be allowed after submittal of the Respondent’s proposal.

Proposals may not be withdrawn or canceled for a period of (90) days following the date designated for the receipt of proposals, and respondents so agree upon the submission of their proposal. Respondents are expected to examine the instructions, specifications, terms, and conditions prior to submitting their SOQ. Failure to do so will be at the respondent’s risk. At the City’s request, Respondents may be selected for in-person presentations. All proposals and related materials become the property of the City. The City reserves the right to reject any or all proposals submitted.

5. EVALUATION PROCEDURES

A. Consultant Selection Process

In fairness to all firms, requests for interviews prior to the closing time and date will not be permitted. Interviews with selected firms may or may not be requested by the City after the closing date.

The following is the anticipated SOQ review and consultant selection process:

1. City Staff will review SOQ responses and compile a shortlist of qualified firms for further evaluation. Only those firms who are placed on the shortlist on the basis of the evaluation criteria will be considered. Cost-related or price-related evaluation factors will not be used. Written notification will be provided to shortlisted firms and to those not selected for the shortlist.

2. City Staff may or may not conduct interviews with the shortlisted firms. Selection may be made strictly from the information provided in the SOQ response. However, the City reserves the right to conduct interviews and request presentations from any Respondent. City Staff will contact each shortlisted firm to arrange a date and time for the interviews, if applicable.

3. City Staff will select the highest ranked firm based upon final review of the SOQ responses, and the shortlist interviews, if applicable.

4. City Staff will enter into negotiations with the highest ranked firm on the basis of the SOQ response, and interview, if applicable.

5. Negotiations will continue until terms, conditions, and a fair and reasonable price are agreed upon. If a successful contract cannot be negotiated with the most qualified firm, the City shall formally end negotiations with that provider, select the next highest ranked firm, and begin negotiations, and continue this process until successful negotiations are completed. Once negotiations have ceased with a firm, reopening negotiations with that firm is not allowed.

6. Upon completion of the approval process and approval of the contract terms and conditions by the City’s Legal consultant, the contract will be signed by the successful Respondent and the City.

B. Evaluation Criteria

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

A selection committee will review the SOQs received in accordance with the requirements defined in the SOQ. The objective of the selection committee will be to select the firm that is the most highly qualified to service the City’s needs. Additional consideration may be given to firms with prior experience working with the City of Corinth or similar municipal departments of comparable size and complexity.

Proposals will be evaluated on, but not limited to, the following criteria and will be awarded points in each category up to the maximum number of points listed:

Criteria Description

Points

Qualifications of Firm (30%

Qualifications of firm, specifically as they relate to similar projects that the Respondent is choosing to be considered for, i.e. Unified Development Codes for cities of comparable size and circumstances

Team Experience and Project Success (25%)

Project experience of comparable size and scope by the firm(s) and those assigned to this Project. Pertinent professional experience of the project manager(s) and supporting staff assigned to the proposed project shall be included. The experience of any subcontractors should be listed along with their experience. Project references and current contact information for all references will be required

Project Approach (15%) The logical sequencing and organizational methods proposed to complete the projects as well as any innovative methods or concepts outlined. Attention will be focused on a clear understanding of the City’s specific situation and needs. Methods used to provide excellent quality control and assurance and to minimize unforeseen conflicts are also considered

Knowledge and Experience with Texas General Land Office Resilient Communities Grant Program (20%)

Experience with similar projects that have received funding from the Texas General Land Office Resilient Communities Grant Program and the requirements for the program

Technical Innovation & Creative Thinking (5%)

The proposed project team and project approach should show an understanding of the local and regional context and national best practices. Creative and innovative approaches are encouraged

Available Resources to Complete Project (5%)

Show that the firm has the capacity to be able to facilitate the proposed project. This criterion should also show that the firm has enough resources to complete the project within the desired project schedule, including a past history of on-time performance (provide references with up-to-date contact information).

Total Number of Possible Points

The City reserves the right to:

require additional technical and pricing information and;

have discussions with Respondents regarding all elements which comprise the Respondent’s proposal;

to accept all or part of any proposal;

to reject any or all proposals; and to re-solicit for proposals.

APPENDIX A

GENERAL INFORMATION

INSURANCE REQUIREMENTS

STANDARD TERMS & CONDITIONS

A. GENERAL INFORMATION

1. Confidentiality: All proposals, data, and information submitted to the City of Corinth are subject to public release under the Texas Public Information Act (“Act”) unless exempt from release under the Act. If the proposal contains trade secrets or confidential information, the Respondent must specifically list that portion as confidential. Confidential information, as noted by the Respondent, will not be released unless ordered by a court or the Attorney General pursuant to the Act.

2. Proposal Preparation Cost: All costs associated with the preparation of the proposal will be borne by the respondent.

3. Withdrawal of Proposal: Proposals may be withdrawn prior to the closing time for SOQs, as long as the request is submitted in writing by an authorized representative. Thereafter, all proposals shall remain open and valid for a period of 120 days.

4. Authorized Signature: All proposal forms must be signed by persons who have the legal authority to bind the respondent to the proposed services.

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 proposal.

C. 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.

D. 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 bid 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.

CITY OF CORINTH

GENERAL SERVICES

INSURANCE REQUIREMENTS EFFECTIVE MARCH 15, 2021

1.0 DEFINITION

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 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. 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.

3. 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.

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 Agent. 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, strikethrough 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 mailed directly to the City of Corinth, Attention: Accounts Payable, 3300 Corinth Pkwy., Corinth, Texas, 76208.

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 Cindy Troyer, Purchasing Agent at 940-498- 3286.

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…