ESBD_410302_1744591763458_RFB 2025-016 Carnival Rides and Games_Bid Packet.pdf

Request for Bid RFB No. 2025-016 – Carnival Rides and Games

Issue Date: April 16, 2025 Closing Date & Time: May 1, 2025, at 2:00 p.m.

Opening Date & Time: May 1, 2025, at 2:01 p.m.

Electronic bids will only be received:

Texas Bid System Site: https://www.bidnetdirect.com/texas

For Information Contact: Emily McGraw, Purchasing Agent, EmilyM@Pflugervilletx.gov, 512-990-6156

RFB Opening Location: Microsoft Teams Meeting – VIRTUAL ONLY

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Purchasing Services Post Office Box 589 Pflugerville, TX 78691

Telephone 512-990-6156 www.pflugervilletx.gov

TABLE OF CONTENTS

Register Interest form

I. Schedule for Solicitation II. Contact with City of Pflugerville III. Definitions IV. Requested Services / Products V. Request For Bids – Submission and Award Procedures

Appendices

A. Services/Products Bid Forms

(1) Scope of Work

(2) Pricing Form(s)

(3) References

B. Contract Requirements

(1) City of Pflugerville General Terms and Conditions

(2) Insurance & Indemnification Requirements

(3) Sales Tax Information

(4) HB1295 Information Sheet

C. Forms to Complete and Return

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

(2) Conflict of Interest Questionnaire (CIQ form)

(3) Disclosure of Relationships with City Council/Officers

(4) Historically Underutilized Business Form

(5) Certification Regarding Debarment

(6) Non-collusion Affidavit

(7) Resident Certification

(8) Texas Public Information Act

(9) Drug Free Workplace

(10) Interlocal Cooperative Contracting

RFB No. 2025-016

For Carnival Rides and Games

REGISTER INTEREST

You have received a copy of the above described Request document. If you would like to register your interest in this project so that you will receive any future notices or addenda concerning the project, please fill in the information requested below and email to: EmilyM@Pflugervilletx.gov.

Company/Firm:

Name of Contact Person(s):

Email(s):

Telephone: _________________________________________ Fax:_________________________________

Mailing Address:

It is your responsibility to complete and return this form to the City. Failure to do so will result in your not receiving notices and addenda related to this project from the City of Pflugerville.

Notices and addenda are posted on the City’s website and can be accessed at:

www.bidnetdirect.com/texas

City of Pflugerville Purchasing Services Post Office Box 589 Pflugerville, TX 78691

Telephone 512-990-6156 Fax 512-251-5768 www.pflugervilletx.gov

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

Issuance of the RFB April 16, 2025 Deadline for questions in 5:00 p.m. April 24, 2025 Bids due by 2:00 p.m. May 1, 2025

Tentatively, the final selection decision will be made and submitters will be notified of award by End of June 2025. This schedule is subject to change by the City.

II. Contact with City of Pflugerville The contact person for this solicitation process is: Emily McGraw, Purchasing agent who can be reached at:

Email: EmilyM@Pflugervilletx.gov Telephone: 512-990-6156

Questions concerning the solicitation must be submitted to contact person VIA EMAIL or BIDNET on or before date shown in the schedule above.

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

Interpretation, modification, corrections, or changes to the solicitation documents will be made by addenda issued by the City of Pflugerville. Addenda will be made available on www.bidnetdirect.com/texas Interested vendors are encouraged to return the Register Interest form on the previous page.

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

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

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

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

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

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

(6) “Selected Firm” means the firm who is selected by the City and to whom the City Council/City Manager awards a contract for the services or commodities requested in this solicitation.

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

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

(9) “Contract documents” includes the RFB and all of the Appendices attached to the RFB.

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

IV. REQUESTED SERVICES/PRODUCTS

A. Scope of Services / Specifications

The City of Pflugerville is accepting electronic bids for Carnival Rides and Games from qualified vendors.

(1) Detailed specifications are attached as Appendices.

B. Terms, Conditions, and Requirements

In addition to the specifications for the Project, the attached Appendices include the City’s Contract Requirements.

C. Term of Contract

(1) Contract will commence upon acceptance and approval by the Pflugerville City Council and shall remain in effect for one (1) year with two (2) optional one (1) year renewals at the discretion of the City.

(2) The City at its option, may terminate the contract in whole or part by giving the successful bidder a written thirty (30) day notice if at any time the City determines that such termination is in its best interest, and it agrees to pay the successful bidder for the items actually furnished. The successful bidder will not be entitled to lost or anticipated profits should the City choose to terminate the contract.

E. Rate Adjustments

Note: State Law prohibits increasing the original contract by more than 25%. Increases requested beyond 25% will be rejected and the supplier may be considered in breach of contract.

(1) Pricing review will be made every twelve (12) months.

(2) The pricing method and/or percentage markup proposed by the bidder shall remain fixed and firm during the first twelve (12) months of the contract; however, the bidder may offer incentive discounts from the fixed price to the City of Pflugerville anytime during the contractual term.

(3) The City will review requests for rate adjustments after service has been provided for one (1) year (12 month) period.

(4) Documentation must be provided to justify price adjustments, which may be allowed for pass through price decreases or increases provided by the manufacturer.

(5) The City will determine whether any requested rate adjustment is in the best interest of the City and the City reserves the right to accept or reject all price adjustments.

(6) Any rate adjustment will be a factor in the extension/renewal review process and must be fully justified in writing.

F. Availability:

Bidders are required to quote materials that will meet or exceed the minimum specifications herein. Default in promised availability without acceptable reasons, or failure to meet the specifications without remedy, shall cause the City at its option to purchase the service elsewhere, including the next lowest and best responsible bidder, in order, or alternate bidder, and if such next or alternate bidder meets the specifications required. The purpose of this provision is to provide the most advantageous bid to the City, based on the contractual terms that the City will also consider factors other than the price when awarding contracts and may, under the terms of this contract, consider and accept an alternate bid as provided herein as most advantageous to the City.

In any event, the City shall have the right to cancel for default all or any part hereof, including warranties of vendor, or if the vendor becomes insolvent, or commits acts of bankruptcy. In addition, the City in accordance with provisions of this contract may terminate the performance of work under this order, in whole, or in part.

G. Reservations by City: The City of Pflugerville reserves the right to reject any and all submittals. This issuance of this solicitation does not obligate the City to contract for expressed or implied services. The City of Pflugerville will not reimburse vendors for any costs incurred during the preparation or submittal of responses to this solicitation.

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

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

(b) Extend the solicitation closing time and date;

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

(d) Procure any item by other allowable means;

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

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

(g) Retain all bids submitted and to use any ideas in a bid regardless of whether or not that bid is selected

V. REQUEST FOR BIDS – SUBMISSION AND AWARD PROCEDURES

A. Requirements

(1) Qualified vendors should submit one (1) original of the Pricing Forms for the services/products sought by this solicitation and complete all of the required forms by the stated deadline.

(2) Pricing Forms and Submission/Bid Security

(a) Pricing Forms.

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

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

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

B. Completeness of Submission

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

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

C. Bid Response Date and Location

Responses to this solicitation must be received on the Texas Bid System site by: 2:00 PM May 1, 2025

RFB 2025-016

Proposals will be opened at 2:01 p.m. (Central Time) on:

May 1, 2025

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

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

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

D. Modification to or Withdrawal of Submission

Submissions cannot be altered or amended after the submission deadline passes.

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

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

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

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

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

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

E. Submission Validity Period

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

F. Vendor’s Cost to Develop Submission

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

G. References

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

H. Method of Award and Evaluation of Factors

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

Lowest responsible bidder

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

(2) Lowest Responsible Bidder:

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

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

(3) Best Value:

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

1. the purchase price;

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

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

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

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

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

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

8. any relevant criteria specifically listed in the request for bids or proposals.

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

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

I. Contract Award and Execution

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

APPENDIX A

Services/Products Bid Forms

(1) Scope of Work

(2) Pricing Form(s)

(3) References

SCOPE OF WORK & BID FORM

The City of Pflugerville is seeking Carnival Ride and Games Rental Services for the 2025 Deutschen Pfestival on October 17th & 18th, 2025. Deutschen Pfest brings the Pflugerville community together to celebrate the city’s Texan-German heritage.

For subsequent years, Deutschen Pfestival will take place the third weekend (Friday and Saturday) of October, 2026 and 2027

Scope of Work:

Name of Event: Deutschen Pfest 2025 (2026,2027) Date of Event: October 17-18, 2025 (3rd weekend of October) Location: Pfluger Park, 515 City Park Rd, Pflugerville, TX 78660 Set Up Start Date: Monday, October 13, 2025 Set Up Complete Date: Friday, October 17 by 9am Pick Up Complete Date Wednesday, October 22, 2025

Specific Requirements:

1. Submitted bids must remain valid for a minimum of 90 calendar days.

2. Contracted Bidder will be required to perform a site visit at least 90 calendar days before October 13, 2025.

3. Carnival Rides will not be operated on a ticket-based system. Event admission will include access to all Carnival Rides during event hours.

4. Contracted Bidder agrees to operate rides based on the following event schedule for 2025:

a. Friday, October 17: 5 p.m. – 11 p.m.

b. Saturday, October 18: 10 a.m. – 11 p.m.

5. Contracted Bidder must stop carnival rides promptly at 11:00 p.m. each event day, regardless of the length of the line. A ride closure warning should be announced by Contracted Bidder sta at 10:45 p.m. each event day.

6. Contracted Bidder must provide Carnival Rides that are compatible with and can be safely set up on non-paved surfaces (e.g., grass or gravel), as designated by event site layout.

7. Contracted Bidder must submit age/height restrictions, ride dimensions, and ride footprint details for each Carnival Ride.

8. Contracted Bidder must submit a minimum of three (3) pictures, showing di erent angles, of each Carnival Ride.

9. Contracted Bidder must not require per-rider liability waiver.

10. Contracted Bidder must provide a minimum of one (1) trained operating attendant wearing a clean uniform or shirt with the company logo, making them easily identifiable to attendees and City sta and guest for each Carnival Ride.

11. Contracted Bidder is required to provide a minimum of one (1) trained on-site supervisor wearing a clean uniform or shirt with the company logo, making them easily identifiable to attendees and City sta and guest.

12. Contracted Bidder is required to provide electricity for Carnival Ride Rental Services for event.

13. A deposit amount, as agreed upon by both parties, will be paid prior to the start of the event. A final payment will be paid by the conclusion of the event.

Potential Other Option for 11 based on how the fireworks contract is set up:

Contracted Bidder will receive a 50% deposit within two weeks of Council approval.

The final payment will be issued within 14 business days after the conclusion of the event upon successful completion of services.

14. Contracted Bidder must provide policies regarding inclement weather and ride shutdowns including wind ratings for each ride.

15. Contracted Bidder must provide for review a cancellation policy in the event of City-initiated cancellation due to weather or emergency. Cancellation policy must be agreed upon before seeking Council approval.

16. Contractor shall provide General Liability Insurance as required in the City’s Standard Terms and Conditions. The City of Pflugerville must be named as Additional Insured. Proof of insurance must be submitted prior to setup.

17. Contracted Bidder must submit current TDI inspection certificates for each ride or proof of registration with the Texas Department of Insurance Amusement Ride Program.

BID FORM:

Partial bids will not be accepted; bidder must provide a comprehensive bid that addresses all expressed service needs.

*The bid must meet or exceed items requested below.

ITEM # QTY. ITEMS REQUESTED Cost

1 1 Ferris Wheel – 42ft

2 1 Merry-Go-Round – 45ft

3 1 Apple Spin

4 1 Pirates Revenge

5 1 Zumer

6 1 Sizzler

7 1 Basketball Carnival Game

8 1 Duck Pond Carnival Game

9 1 Balloon Store Carnival Game

10 1 Shooting Range Carnival Game

Total

*Cost must be comprehensive.

*Items must meet or exceed request.

Authorized Bidder’s Signature: _____________________________________

Date:___________________________

REFERENCES:

Please list three references from events that your company has worked with in the past that we may contact:

1. Company/Organization Name: ___________________________________________

Contact Name: _________________________________________________________

Contact Phone: _________________________________________________________

Email: __________________________________________________________________

2. Company/Organization Name: ____________________________________________

Contact Name: _________________________________________________________

Contact Phone: _________________________________________________________

3. Company/Organization Name: ____________________________________________

Contact Name: __________________________________________________________

Contact Phone: __________________________________________________________

APPENDIX B

Contract Requirements

(1) City of Pflugerville General Terms and Conditions

(2) Insurance & Indemnification Requirements

(3) Sales Tax Information

(4) HB1295 Information Sheet

City of Pflugerville General Terms and Conditions Updated 10/22/2021

By submitting a response to a solicitation or bid, or by entering into a contract for goods or services and/or by accepting a purchase order, the contracting party identified below agrees that the below terms and conditions shall govern all agreements with the City unless otherwise agreed to by a specifically executed provision within the contract and if permissible by law. Absent a specifically executed provision, the below terms are BINDING and SUPERSEDE any and all other terms and/or conditions whether oral or written.

1.Payments. City will pay Contractor for goods and services in accordance with Chapter 2251, Texas Government Code. City, a municipality in the State of Texas, is exempt from Texas Sales & Use Tax on goods and services in accordance with Section 151.309, Texas Tax Code, and Title 34 Texas Administrative Code (“TAC”) Section 3.322

2. Multiyear Contracts. If the City’s city council does not appropriate funds to make any payment for a fiscal year after the City’s fiscal year in which the contract becomes effective and there are no proceeds available for payment from the sale of bonds or other debt instruments, then the Contract automatically terminates at the beginning of the first day of the successive fiscal year.

(Section 5, Article XI, Texas Constitution). It is understood and agreed the City shall have the right to terminate the agreement at the end of any City fiscal year if the governing body of the City does not appropriate funds sufficient to continue the contract, as determined by the City’s budget for the fiscal year in question. The City may execute such termination by giving contractor a written notice of termination at the end of its then current fiscal year.

3. Local Preference. The City Council supports the local preference option for purchasing. In accordance with the State of Texas Local Government Code:

Texas Local Government Code Section 271.905 (b): In purchasing under this title any real property or personal property that is not affixed to real property, if a local government receives one or more bids from a bidder whose principal place of business is in the local government and whose bid is within three percent of the lowest bid price received by the local government from a bidder who is not a resident of the local government, the local government may enter into a contract with:

(1) the lowest bidder; or

(2) the bidder whose principal place of business is in the local government if the governing body of the local government determines, in writing, that the local bidder offers the local government the best combination of contract price and additional economic development opportunities for the local government created by the contract award, including the employment of residents of the local government and increased tax revenues to the local government.

Texas Local Government Code Section 271.9051 (b): In purchasing under this title any real property, personal property that is not affixed to real property, or services, if a municipality receives one or more competitive sealed bids from a bidder whose principal place of business is in the municipality and whose bid is within five percent of the lowest bid price received by the municipality from a bidder who is not a resident of the municipality, the municipality may enter into a contract for construction services in an amount of less than $100,000 or a contract for other purchases in an amount of less than $500,000 with:

(1) the lowest bidder; or

(2) the bidder whose principal place of business is in the municipality if the governing body of the municipality determines, in writing, that the local bidder offers the municipality the best combination of contract price and additional economic development opportunities for the municipality created by the contract award, including the employment of residents of the municipality and increased tax revenues to the municipality.

4. No Ex-Parte Communications during Competitive Bidding Period. To insure the proper and fair evaluation of a response, the City prohibits ex parte communication (e.g., unsolicited) initiated by the proposed contractor to a City official or employee evaluating or considering the responses prior to the time a formal decision has been made. Questions and other communication from vendors will be permissible until 5:00 pm on the day specified as the deadline for questions.

Any communication between responder and the City after the deadline for questions will be initiated by the appropriate City official or employee in order to obtain information or clarification needed to develop a proper and accurate evaluation of the response. Ex parte communication may be grounds for disqualifying the offending responder from consideration or award of the solicitation then in evaluation, or any future solicitation.

5. Abandonment or Default. A contractor who abandons or defaults the work on the contract and causes the City to purchase the services elsewhere may be charged for any increased cost of goods, materials and/or services related thereto and shall be considered disqualified in any re-advertisement of the service and may not be considered in future bids for the same type of work for a period of three years for the same scope of work, goods or services.

6. Disclosure of Litigation. Each contractor shall include in its proposal a complete disclosure of any civil or criminal litigation or investigation pending which involves the respondent or which has occurred in the past in which the respondent has been judged guilty or liable by a competent court regardless of whether the Court Order or Judgment is final or on appeal.

7. Cancellation., the City reserves the right to cancel the contract without penalty by providing 30 days prior written notice to the contracting party. Termination under this paragraph shall not relieve the contractor of any obligation or liability that has occurred prior to cancellation.

NOTE: This contract is subject to cancellation, without penalty, at any time the City deems the vendor to be non-compliant with contractual obligations.

8. Annual Vendor Performance Review. The City reserves the right to review the vendor’s performance at the end of each twelve month contract period and to cancel all or part of the agreement (without penalty) or continue the contract through the next period.

9. Compliance with other laws and certification of eligibility to contract. Any offer to contract with the City shall be considered an executed certification that the contractor will shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, (as amended during the contracting period) and any orders and decrees of any court or administrative bodies or tribunals in any matter affecting the performance of the resulting agreement, including without limitation, immigration laws, workers’ compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. Additionally, such offer shall indicate that the contractor has fully read and understood the terms and conditions for eligibility to contract with the City pursuant to Chapter 38 of the City’s Ordinances and certifies they are in compliance with those local requirements. When requested, the contractor shall furnish the City with satisfactory proof of its compliance within 10 days or any contract with the City is void.

10. Compliance with all Codes, Permitting and Licensing Requirements. The successful contractor shall comply with all national, state and local standards, codes and ordinances as well as any other authorities that have jurisdiction pertaining to equipment and materials used and their application. None of the terms or provisions of the specification shall be construed as waiving any rules, regulations or requirements of these authorities. The successful bidder shall be responsible for obtaining all necessary permits, certificates and/or licenses to fulfill contractual obligations.

11. Liability and Indemnity of City. Any provision of the Contract is void and unenforceable if it: (1) limits or releases either party from liability that would exist by law in the absence of the provision; (2) creates liability for either party that would not exist by law in the absence of the provision; or (3) waives or limits either party’s rights, defenses, remedies, or immunities that would exist by law in the absence of the provision.. (Section 5, Article XI, Texas Constitution)

12. Indemnity and Independent Contractor Status of Contractor. Contractor shall indemnify, save harmless and defend the City, its officers, agents, and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, attorney’s fees and any and all other costs or fees (whether grounded in Constitutional law, Tort, Contract, or Property Law, or raised pursuant to local, state or federal statutory provision), arising out of the performance of the resulting agreement and/or arising out of a willful or negligent act or omission of the contractor, its officers, agents, and employees. It is understood and agreed that the contractor and any employee or sub-contractor of contractor shall not be considered an employee of the City.

The contractor shall not be within protection or coverage of the City’s workers’ compensation insurance, health insurance, liability insurance or any other insurance that the City from time to time may have in force and effect. City specifically reserves the right to reject any and all contractor’s employees, representatives or sub-contractors and/or their employees for any cause, should the presence of any such person on City property or their interaction with City employees be found not in the best interest of the City, harassing, or is found to interfere with the effective and efficient operation of the City’s workplace.

13. Liens. Contractor agrees to and shall indemnify and save harmless the City against any and all liens and encumbrances for all labor, goods and services which may be provided under the resulting agreement. At the City’s request the contractor or subcontractors shall provide a proper release of all liens, or satisfactory evidence of freedom from liens shall be delivered to the City.

14. Confidentiality. Any provision in the Contract that attempts to prevent the City’s disclosure of information that is subject to public disclosure under federal or Texas law or regulation, or court or administrative decision or ruling, is invalid. (Chapter 552, Texas Government Code)

15. Tax Exemption. The City is not liable to Vendor for any federal, state, or local taxes for which the City is not liable by law, including state and local sales and use taxes (Section

151.309 and Title 3, Texas Tax Code) and federal excise tax (Subtitle D of the Internal Revenue Code). Accordingly, those taxes may not be added to any item. Texas limited sales tax exemption certificates will be furnished upon request. Vendors shall not charge for said taxes. If billed, the City will remit payment less sales tax.

16. Contractual Limitations Period. Any provision of the Contract that establishes a limitations period that does not run against the City by law or that is shorter than two years is void.

(Sections 16.061 and 16.070, Texas Civil Practice and Remedies Code)

17. Sovereign Immunity. Any provision of the Contract that seeks to waive the City’s immunity from suit and/or immunity from liability is void unless agreed to by specific acknowledgement of the provision within the contract.

18. Governing Law and Venue. Texas law governs this Contract and any lawsuit on this Contract must be filed in a court that has jurisdiction in Travis County, Texas.

19. Certificate of Interested Parties (TEC Form 1295). For contracts needing City Council approval, the City may not accept or enter into a contract until it has received from the Contractor a completed, and signed TEC Form 1295 complete with a certificate number assigned by the Texas Ethics Commission (“TEC”), pursuant to Texas Government Code § 2252.908 and the rules promulgated thereunder by the TEC. The Contractor understands that failure to provide said form complete with a certificate number assigned by the TEC may prohibit the City from entering the Contract.

Pursuant to the rules prescribed by the TEC, the TEC Form 1295 must be completed online through the TEC’s website, assigned a certificate number, printed, signed and notarized, and provided to the City. The TEC Form 1295 may accompany the bid or may be submitted separately, but must be provided to the City prior to the award of the contract. Neither the City nor its consultants have the ability to verify the information included in a TEC Form 1295, and neither have an obligation nor undertake responsibility for advising any bidder with respect to the proper completion of the TEC Form 1295.

20. Amendment. Any provision of the Contract is void and unenforceable if it authorizes Contractor to amend the Contract at its sole discretion or otherwise without a negotiated and signed amendment to the Contract.

21. Texas Government Code Mandatory Provisions. The City may not enter into a contract with a company for goods and services unless the contract contains a written verification from the company that it; (i) does not boycott Israel; (ii) will not boycott Israel during the term of the contract; (iii) does not boycott energy companies; (iv) will not boycott energy companies during the term of the contract; (v) does not have a practice, policy, guidance or directive that discriminates against a firearm entity or firearm trade association; and (vi) will not discriminate during the term of the contract against a firearm entity or firearm trade association (Texas Government Code, Chapter 2271.002; 2274.002).

Company hereby verifies that it does not boycott Israel, and agrees that, during the term of this agreement, will not boycott Israel as this term is defined in the Texas Government Code, Section 808.001, as amended. Company hereby verifies that it does not boycott energy companies, and agrees that, during the term of this agreement, will not boycott energy companies as this term is defined in Texas Government Code, Section 809.001, as amended. Company hereby verifies that it does not have a practice, policy, guidance or directive that discriminates against a firearm entity or firearm trade association, and agrees that, during the term of this agreement, will not discriminate against a firearm entity or firearm trade association as those terms are defined in Texas Government Code, Section 2274.001, as amended.

Further, Company hereby certifies that it is not a company identified under Texas Government Code, Section 2252.152 as a company engaged in business with Iran, Sudan, or Foreign Terrorist Organizations.

22. Equal Employment Opportunity. Vendor agrees that during the performance of its contract it will:

1. Treat all applicants and employees without discrimination as to race, color, religion, sex, national origin, marital status, age, or handicap.

Identify itself as an "Equal Opportunity Employer" in all help wanted advertising or request. The Vendor shall be advised of any complaints filed with the City alleging that Vendor is not an Equal Opportunity Employer. The City reserves the right to consider its reports from its human relations administrator in response to such complaints in determining whether or not to terminate any portion of this contract for which purchase orders or authorities to deliver have not been included, however, the Vendor is specifically advised that no Equal Opportunity Employment complaint will be the basis for cancellation of this contract for which a purchase order has been issued or authority to deliver granted

23. Subcontracting. If subcontracting with another company or individual is proposed, that fact, along with providing the same information for the subcontractor that is required to be provided by the bidder under this solicitation, must be provided and clearly identified in the bid. Following the award of the contract, no additional subcontracting will be permitted without the express prior written consent of the City.

24. Attorney’s fees; Legal Costs. The City will not agree to pay the selected firm’s attorney’s fees or other legal costs under any circumstances.

25. Advance Payments. The City will not make advance payments to a selected firm or any third party pursuant to this solicitation or resulting contract.

26. Gift of Public Property. The City will not agree to any terms or conditions that cause the City to lend its credit or grant public money or anything of value to the selected firm.

27. Procurement Laws. The City will not agree to any terms or conditions that cause the City to violate any federal, Texas, or local procurement laws, including its own charter.

City of Pflugerville

Insurance Requirements

Bidder/Proposer performing work on City property or public right-of-way for the City of Pflugerville shall provide the City a certificate of insurance evidencing the coverage provisions identified herein. Bidder/Proposer shall provide the City evidence that all subcontractors performing work on the project have the same types and amounts of coverage as required herein or that the subcontractors are included under the contractor’s policy. The City, at its own discretion, may require a certified copy of the policy.

All insurance companies and coverage must be authorized by the Texas Department of Insurance to transact business in the State of Texas and must be acceptable to the City of Pflugerville.

Listed below are the types and amounts of insurance required. The City reserves the right to amend or require additional types and amounts of coverage or provisions depending on the nature of the work.

Type of Insurance Amount of Insurance Provisions

Commercial General (Public) 1,000,000 per occurrence, City to be listed as Liability to include coverage 2,000,000 general aggregate; additional insured for: and provide 30-days Premises/Operations notice of cancellation or material change in Products/ Completed 2,000,000 combined single coverage limit Operations City to be provided a waiver of subrogation Independent Contractors City prefers that Personal Injury insurer be rated B+V1 or higher by Contractual Liability A.M. Best or A or higher by Standard & Poors

Business Auto Liability 1,000,000 combined single City to be provided a limit waiver of subrogation

Workers’ Compensation & Statutory Limits City to be provided a Employers Liability 1,000,000 each accident waiver of subrogation

Questions regarding this insurance should be directed to the City of Pflugerville (512)990-6100 A contract will not be issued without evidence of Insurance. We will only accept the ACORD 25 or ISO certificate of insurance forms.

TEXAS SALES TAX EXEMPTION INFORMATION

This information is being provided to assist contractors and is therefore general in nature. It is not a substitute for advice from the contractor’s attorney or accountant.

Under the Texas Tax Code Section 151.309, the City of Pflugerville is exempt the payment of sales tax. In addition, when the City contracts with a third party to make certain improvements to real property, purchases of materials/consumable items that are physically incorporated into that real property may also exempt from state and local sales tax. Items qualifying for this exemption must be used up entirely on a job for the City of Pflugerville.

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

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

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

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

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

(3) Describe the item being purchased or attached order or invoice – the only items included must be items that will be entirely consumed or used in the project for the City of Pflugerville – might include statement that purchase is related to contract with City of Pflugerville, Texas, for Project {description, e.g., New Street sewer lien project};

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

Since the City of Pflugerville is a governmental entity, the contract or purchase order with the City provides the necessary documentation that the materials are acquired for an exempt contract [See 34 TAC §3.291(c)(1)]. However, if requested, the City of Pflugerville will provide to the contractor awarded the contract an executed exemption certification showing that the city is exempt from sales tax (Form 01- 339 back).

The state statutes and rules related to sales tax can be accessed from the Texas Comptroller website: http://www.window.state.tx.us/taxinfo/sales/ In addition, the Texas Comptroller’s office can be contacted at 1-800-252-555 for questions about Sales and Use Taxes.

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

http://www.statutes.legis.state.tx.us/Docs/TX/htm/TX.151.htm

Rules related to sales tax in the Texas Administrative Code can be found at:

http://info.sos.state.tx.us/pls/pub/readtac$ext.ViewTAC?tac_view=5&ti=34&pt=1&ch=3&sch= O&rl=Y http://www.window.state.tx.us/taxinfo/taxforms/01-forms.html http://www.window.state.tx.us/taxinfo/taxforms/01-339.pdf http://www.window.state.tx.us/taxinfo/sales/ http://www.statutes.legis.state.tx.us/Docs/TX/htm/TX.151.htm http://info.sos.state.tx.us/pls/pub/readtac%24ext.ViewTAC?tac_view=5&amp%3Bamp%3Bti=34&amp%3Bamp%3Bpt=1&amp%3Bamp%3Bch=3&amp%3Bamp%3Bsch=O&amp%3Bamp%3Brl=Y http://info.sos.state.tx.us/pls/pub/readtac%24ext.ViewTAC?tac_view=5&amp%3Bamp%3Bti=34&amp%3Bamp%3Bpt=1&amp%3Bamp%3Bch=3&amp%3Bamp%3Bsch=O&amp%3Bamp%3Brl=Y

NOTICE OF HB 1295 DISCLOSURE

Beginning January 1, 2016, business entities entering into a contract which is approved by the Pflugerville City Council for goods or services to be used by the City of Pflugerville are required to complete a Certificate of Interested Parties Form 1295 on the Texas Ethics Commission website.

Certificate of Interested Parties (Form 1295):

In 2015, the Texas Legislature adopted House Bill 1295, which added Section 2252.908 to the Texas Government Code. Beginning January 1, 2016, a business entity which:

(1) enters into a contract which must be approved by the Pflugerville City Council

(2) for goods or services

(3) to be used by the City of Pflugerville is required to complete a Certificate of Interested Parties Form 1295 on the Texas Ethics Commission website. The disclosure requirement applies to a contract (including an amendment, extension or renewal) entered into on or after January 1, 2016. Business entities required to comply include for-profit and non-profit entities.

The Texas Ethics Commission adopted rules to implement the law and adopted the Certificate of Interested Parties form (Form 1295). The Commission states that it does not have any additional authority to enforce or interpret House Bill 1295.

Form 1295 requires disclosure of interested parties (a) who have a controlling interest in a business entity with whom the government entity contracts or (b) who actively participate in facilitating a contract or negotiating the terms of a contract (such as a broker, advisor, or attorney for business entity) if the person receives compensation from the business entity (but is not an employee of the entity) and communicates directly with the governmental entity regarding the contract. A person has a controlling interest if the person: (1) has an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock, or otherwise that exceeds 10 percent; has membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or (3) serves as an officer of a business entity that has four or fewer officers, or serves as one of the four officers most highly compensated by a business entity that has more than four officers.

Filing Process:

The Texas Ethics Commission has made the filing Form 1295 available on its website as an electronic form at: https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm

A business entity entering into a contract for goods or services with the City of Pflugerville must use that website application to enter the required information on Form 1295 and then print a copy of the form. A certification of filing will be issued by the Commission containing a unique certification number established by the Commission. An authorized agent of the business entity must sign the printed copy of the Form. The original executed (with certification of filing) must be filed with the City of Pflugerville. The City is then required to notify the Commission using the Commission’s website that the Form 1295 has been received by the City. The information from the completed Form 1295 will then be posted on the Commission’s website.

https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm

APPENDIX C

Forms to Complete and Return

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

(2) Conflict of Interest Questionnaire (CIQ form)

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

(4) Historically Underutilized Business Form

(5) Certification Regarding Debarment

(6) Non-collusion Affidavit

(7) Resident Certification

(8) Texas Public Information Act

(9) Drug Free Workplace

(10) Interlocal Cooperative Contracting

Submission of Bid/Proposal and Acknowledgment of Addenda RFB No. 2025-016 Issued by City of Pflugerville, Texas The entity identified below hereby submits its response to the above identified RFB/P. The entity affirms that it has examined and is familiar with all of the documents related to RFB/P.

DECLARATION OF INTENT

I attest that the bid submitted is: (check one box below)

___1. to the exact Specifications and the Terms and Conditions of the bid documents.

___2. to the exact specifications with modifications to the Specifications and/or the

Terms and Conditions as noted in the attached documentation.

or

___3. NOT to the exact Specifications and/or the Terms and Conditions and is therefore an alternate bid, submitted for the City’s consideration, with attached justification(s) and documentation defending the alternate bid as meeting or exceeding the intent of the specifications or scope of work.

Submitter further acknowledges receipt of the following addenda:

Addendum No issued___________________

Addendum No issued ___________________

Addendum No issued ___________________

Addendum No issued ___________________

Date : ____________________

Bid of (entity name) __________________________________________________

Signature of Person Authorized to Sign Submission:____________________________________________________

Signor's Name and Title (print or type): _____________________________________________________

PLEASE SIGN AND RETURN WITH BID

CONFLICT OF INTEREST QUESTIONNAIRE

For vendor doing business with local governmental entity

FORM CIQ

OFFICE USE ONLY

Date Received

This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.

This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under…