ESBD_527222_1781301599931_2026.07.06 closing date_RFP 007-26 Notice to Bidders FULL BID PACKET.pdf

NOTICE TO BIDDERS

RFP #007-26

Sealed Proposals will be received at the City of Euless Purchasing Agent's Office, 201 N. Ector Drive, Euless, Texas 76039, in City Hall Suite A, for the “Texas Star Conference Center Mobile Walls” until 11:00 A.M. C.D.S.T., Monday July 6th, 2026. The bids will be then be opened in the City Hall Pre- Council Room and publicly read aloud.

PRE-BID MEETING: There will be no pre-bid meeting. Any questions may be directed to Glenda Hartsell (817) 975-4653.

Scope of Work

The City of Euless is looking for a vendor to provide three (3) mobile walls for their Texas Star Conference Center located at 1400 Texas Star Parkway.

Specifications

• Three (3) Operable Wall System

OPERABLE PARTITIONS

3 @ 48'-4'' X 10'-5'' (13 PANELS EACH TO SUIT POCKET)

3 TYPE 2 ACOUSTIC POCKET DOORS

Manual operation Center stack paired panel Standard vinyl face finish Fixed top seals 3" Operable bottom seals track and trolley system

• Installed

Installation includes attachment of hangers to structural steel.

Installation and configuration of tracks and trolleys.

Installation and adjustments of wall panels. Training of staff.

• Included 2-year manufacturer warranty.

• Included removal and disposal of existing operable wall systems while avoiding damage to surrounding areas.

• All materials must be new, commercial-grade, and suitable for high-traffic environments.

• Workmanship must meet or exceed industry standards. Conduct final walkthrough and testing.

• Maintain a safe work site; daily cleanup required. Protect adjacent areas from dust and damage.

• Bidders must list any subcontractors and their qualifications along with ensuring all subcontractors are registered with the City of Euless.

• Any deviations from specs require written approval.

• Payment within 10 days of City acceptance of final installation.

Bond Requirements None.

Bid Submission Requirements

• References that include the company name, phone number, contact person, and email.

• Work History/previous experience similar in nature to this bid solicitation pricing sheet.

Item Number

Item Description Unit price

Total

Total

• Signed proposal certifications (attached).

The original and two (2) copies of completed proposal, must be submitted with "RFP #007-26" and title of the proposal clearly marked on the exterior of the bid package. Any addenda received shall also be noted on the exterior of the Bid package. Any bid received after closing time will be returned unopened.

The City is exempt from Federal Excise and State Sales Tax therefore, tax must not be included in the bid price.

The City reserves the right to reject any and all bids or waive any or all formalities.

No bid may be withdrawn within 90 days after the date on which bids are taken.

CITY OF EULESS, TEXAS

STANDARD PURCHASE TERMS AND CONDITIONS

PURCHASING DIVISION

1. PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS - No officer or employee of city shall have a financial interest, direct or indirect, in any contract with city or be financially interested, directly or indirectly, in the sale to city of any land, materials, supplies or services, except on behalf of City as an officer or employee. Any willful violation of this section shall constitute malfeasance in office, and any officer or employee found guilty thereof shall there by forfeit his office or position. Any violation of this section with the knowledge, expressed or implied, of the person or corporation contracting with the City Council shall render the contract involved by the City Manager or the City Council.

2. SELLER TO PACKAGE GOODS - Seller will package goods in accordance with good commercial practice. Each shipping container, shall be clearly and permanently marked as follows: (a) Seller's name and address: (b) Consignee's name, address and purchase order or purchase change order number;

(c) Container number and total number of containers, e.g., box 1 of 4 boxes; and (d) Number of the container bearing the packing slip. Seller shall bear cost of packaging unless otherwise provided. Goods shall be suitably packed to secure lowest transportation costs and to conform to requirements of common carriers and any applicable specifications. Buyer's count or weight shall be final and conclusive on shipments not accompanied by packing lists.

3. SHIPMENT UNDER RESERVATION PROHIBITED - Seller is not authorized to ship the goods under reservation, and no tender of a bill of lading will operate as a tender of goods.

4. TITLE AND RISK OF LOSS - The title and risk of loss of the goods shall not pass to buyer until buyer actually receives and takes possession of the goods at the point or points of delivery after inspection and acceptance of the goods.

5. DELIVERY TERMS AND TRANSPORTATION CHARGES - F.O.B. Destination and Freight Prepaid unless delivery terms are specified otherwise in Seller's bid; buyer agrees to reimburse Seller for transportation costs in the amount specified in Seller's bid or actual costs, whichever is lower, if the quoted delivery terms do not include transportation costs, provided Buyer shall have the right to designate what method of transportation shall be used to ship the goods.

6. PLACE OF DELIVERY - The place of delivery shall be the set forth in the block of the purchase order or purchase change order entitled "Ship to".

7. RIGHT OF INSPECTION - Buyer shall have the right to inspect the goods upon deliver before accepting them. Seller shall be responsible for all charges for the return to Seller of any goods rejected as being nonconforming under the specifications.

8. INVOICES -

a. Seller shall submit separate invoices in duplicate, on each purchase order or purchase change order after each deliver. Invoices shall indicate the purchase order or purchase change order number. Invoices shall be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading and the freight waybill, when applicable, should be attached to the invoice. Mail to: The City of Euless, Department and address as set forth in the block of the purchase order or purchase change order entitled "Ship to". Payment shall not be made until the above instruments have been submitted after delivery and acceptance of the goods.

b. Do not include Federal Excise, State or City Sales Tax. The City shall furnish tax exemption certificate.

9. WARRANTY - PRICE

a. The price to be paid by Buyer shall be that contained in Seller's bid which Seller warrants to be no higher than Seller's current prices on orders by others for products of the kind and specification covered by this agreement for similar quantities under like conditions and methods of purchase. In the event Seller breaches this warranty, the prices of the items shall be reduced to Seller's current prices on orders by others, or in the alternative upon Buyer's option, Buyer shall have the right to cancel this contract without liability to Seller for breach or for Seller's actual expense.

b. Seller warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage or contingent fee, excepting bona fide employees of bona fide established commercial or selling agency is maintained by Seller for the purpose of securing business. For breach or violation of this warranty, Buyer shall have the right, in addition to any other right or rights arising pursuant to said purchase(s), to cancel this contract without liability and to deduct from the contract price such commission percentage, brokerage or contingent fee, or otherwise to recover the full amount thereof.

10. PRODUCT WARRANTY - Seller shall not limit or exclude any express or implied warranties and any attempt to do so shall render this contract void able at the option of Buyer. Seller's warrants that the goods furnished will conform to Buyer's specifications, drawings, and descriptions listed in the bid invitation, and the sample(s) furnished by Seller, if any. In the event of a conflict between Buyer's specifications, drawings and descriptions, Buyer’s specifications shall govern.

11. SAFETY WARRANTY - Seller warrants that the product sold to Buyer shall conform to the standards promulgated by the U.S. Department of Labor under the Occupational Safety and Health Act (OSHA) of 1970, as amended in the event the product does not conform to OSHA standards, Buyer may return the product for correction or replacement at Seller's expense. In the event Seller fails to make appropriate correction within a reasonable time, any correction made by Buyer will be at Seller's expense. Where no correction is or can be made Seller shall refund all monies received for such goods with thirty (30) days after request is made therefore and confirmed in writing: failure to do so shall constitute breach and cause this contract to terminate immediately.

12. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS OF PATENTS, COPYRIGHTS OR TRADE SECRETS - As part of this contract for sale, Seller agrees to ascertain whether goods manufactured in accordance with Buyer's specifications attached to Buyer's invitation to bid will give rise to the rightful claim of any third person by way of infringement or the like buyer makes no warranty that the production of goods according to buyer's specification will not give rise to such a claim and in no event shall Buyer be liable to Seller for indemnification in the event that Seller is sued on the grounds of infringement or the like, if Seller is of the opinion that an infringement or the like will result, he will notify Buyer to this effect in writing within two (2) weeks after the award of this bid, if Buyer does not receive notice and is subsequently held liable for infringement of the like, Seller will indemnify for all full dollar amount thereof. If Seller in good faith ascertains with two (2) weeks after the award of this bid that production of the goods in accordance with Buyer's specification will results in infringement or the like this contract shall be null and void except that Buyer will pay Seller the reasonable cost of his search as to infringement.

13. PROPRIETARY RIGHTS INDEMNIFICATION - Seller warranty that the goods do not infringement upon or violate any United States patent, copyright, or trade secret. Seller will defend at its expense any action against Buyer or Buyer as licensee to the extent that it is based on a claim that goods used within the scope of the license hereunder infringe a United States patent, copyright or trade secret, and Seller will pay any costs and damages finally awarded against Buyer or Buyer as Licensee in such action which are attributable to such claim. Should the products become, or in seller's opinion be likely to become, the subject of any claim of infringement. Seller shall procure for Buyer or Buyer as Licensee the right to continue using the goods, replace or modify them to make them non-infringing, or discontinue the license of them.

14. CANCELLATION - Buyer shall have the right to cancel this contract immediately for default on all or any part of the undelivered portion of this order if Seller breaches any of the terms hereof, including warranties of seller, or if seller files for bankruptcy. Such right of cancellation is in addition to and not in lieu of any other remedies that Buyer may have in law or equity.

15. TERMINATION - The performance of work under this order may be terminated in whole or in part by Buyer, with or without cause, at any time upon the delivery to Seller of a written "Notice of Termination" specifying the extent to which performance of work under the order is terminated and the date upon which such termination becomes effective. Such right of termination is in addition to and not in lieu of rights of Buyer as set forth in clause 14, herein.

16. ASSIGNMENT - DELEGATION - No right, interest or obligation of Seller under this contract shall be assigned or delegated without the written agreement of Buyer. Any attempted assignment or delegation of Seller shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph.

17. WAIVER - No claim or right arising out of a breach of this contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration is in writing and is signed by the aggrieved party.

18. MODIFICATIONS - This contract can be modified or rescinded only by a written agreement signed by both parties.

19. INTERPRETATION AND PAROL EVIDENCE - This writing is intended by the parties as a final expression of their agreement and is intended also as a complete and exclusive statement of the terms of their agreement. No course of prior dealings between the parties and no usage of trade shall be relevant to supplement or explain any term used in this agreement. Acceptance of or acquiescence in a course of performance under this agreement shall not be relevant to determine the meaning of this agreement even though the accepting or acquiescing party has knowledge of the performance and opportunity for objection. Whenever a term defined by the Uniform Commercial Code is used in this agreement, the definition contained in the Code shall control.

20. APPLICABLE LAW - This agreement shall be governed by the Uniform Commercial Code. Wherever the term "Uniform Commercial Code" is used, it shall be construed as meaning the Uniform Commercial Code as adopted and amended in the State of Texas. Both parties agree that venue for any litigation arising from this contract shall be exclusively in Tarrant County, Texas. This contract shall be governed construed and enforced by the laws of the State of Texas.

21. INDEPENDENT CONTRACTOR - Seller shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of Buyer. Seller shall have exclusive control of, and the exclusive right to control, the details of its operations hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and sub-contractors. The doctrine of respondent superior shall not apply as between Buyer and Seller, its officers, agents, employees, contractors and subcontractors. Nothing herein shall be construed as creating a partnership or joint enterprise between Buyer and Seller, its officers, agents, employees, contractors and subcontractors.

22. INDEMNIFICATION - Seller covenants and agrees to, and does hereby, indemnify and hold harmless and defend Buyer, its officers and employees, from and against any and all suits or claims for damages or injuries, including death, to any and all persons or property, whether real or asserted, arising out of or in connection with any negligent act or omission on the part of the seller, its officers, agents, servants, employees or subcontractors, and Seller does hereby assume all liability and responsibility for injuries, claims or suits for damages to persons or property, of whatsoever kind or character, whether real or asserted, occurring during or arising out of the performance of this contract as a result of any negligent act or omission on the part of the Seller, its officers, agents, servants, employees or subcontractors.

23. SEVERABILITY - In case any one or more of the provisions contained in this agreement shall for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this agreement, which agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein.

24. FISCAL FUNDING LIMITATION - In the event no funds or insufficient funds are appropriated and budgeted or are otherwise available by any means whatsoever in any fiscal period for payments due under this contract, then Buyer will immediately notify Seller of such occurrence and this contract shall be terminated on the last day of the fiscal period for which appropriations were received without penalty or expense to Buyer of any kind whatsoever, except to the portions of annual payments herein agreed upon for which funds shall have been appropriated and budgeted or are otherwise available.

25. NOTICES TO PARTIES - Notices addressed to Buyer pursuant to the provisions hereof shall be conclusively determined to have been delivered at the time same is deposited in the United States mail, in a sealed envelope with sufficient postage attached, addressed to Purchasing Manager, City of Euless, 201 N. Ector,, Suite B, Euless, Texas 76039, and notice to Seller shall be conclusively determined to have been delivered at the time same is deposited in the United States mail, in a sealed envelope with sufficient postage attached, addressed to the address given by Seller in its response to Buyer's invitation to bid.

26. DEFINITION OF BUYER - The City of Euless, its officers, agents, servants, employees, contractors and subcontractors who act on behalf of various City departments, bodies or agencies.

27. NON-DISCRIMINATION - Seller hereby covenants and agrees that Seller, its employees, officers, agents, contractors or subcontractors, have fully complied with all provisions of same and that no employee, participant, applicant, contractor or subcontractor has been discriminated against according to the terms of such Ordinance by Seller, its employees, officers, agents, contractor or subcontractors herein.

28. RIGHT TO AUDIT - Vendor agrees that the City shall, until the expiration of three (3) years after final payment under this Purchase Order, have access to and the right to examine any directly pertinent books, documents, papers and records of the Vendor involving transactions relating to this Purchase Order. Vendor agrees that the City shall have access, during normal working hours, to all necessary Vendor facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this section. The City shall give Vendor reasonable advance notice of intended audits.

29. DISABILITY - In accordance with the provisions of the Americans With Disabilities Act of 1990 (ADA), contractor/Seller warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or employees of Contractor/Seller or any of its subcontractors. Contractor/Seller warrants it will fully comply with ADA's provisions and any other applicable federal, state and local laws concerning disability and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's/Seller's and/or its subcontractor's alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this agreement.

30. NO BOYCOTT OF ISRAEL. Pursuant to Texas Government Code Chapter 2270, the Seller agrees that acceptance of these Terms & Conditions serves as written verification that Contractor: (1) does not boycott Israel, as defined by Texas Government Code Section 808.001; and (2) will not boycott Israel during the term of the contract.

31. COMPANIES ENGAGED IN BUSINESS WITH IRAN, SUDAN, OR FOREIGN TERRORIST ORGANIZATION. Pursuant to Texas Government Code Chapter 2252, Subchapter F, Seller affirms that 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.

INSTRUCTIONS TO BIDDERS

1. Be sure to read all conditions and verify amounts before submitting bids.

2. Guarantees and warranties should be attached as a part of the bid, as they may be a consideration in awarding a contract.

3. UNIT PRICES AND EXTENSIONS: If unit prices and extensions thereof do not coincide, the City may accept the bid for the lesser amount whether reflected by the extensions or by the correct multiple or the unit price.

4. QUANTITIES: The quantities appearing in this proposal are estimated as realistically as possible to be our requirements. However, the City of Euless reserves the rights to increase, decrease or delete any item or items to be furnished. The successful bidder shall have no claim against the City for anticipated profits for the quantities called for or diminished or deleted. If the quantities of materials to be furnished are increased, such increase shall be paid for according to the unit price established for the item.

5. PRICES: The prices quoted in the proposal shall be F.O.B. delivered, specified locations, City of Euless, Texas, and shall be firm for the full contract period.

6. PRICE DECLINE: Should there be a decline in the market price of these items during the period of this contract, then the City of Euless shall have benefit of such decline.

7. STOCK AND DELIVERY: The successful Bidder shall agree to furnish the materials called for in the specifications within a 30-day delivery period after release, or as otherwise specified in this quotation. If for any reason at any time the materials fall short of the required specifications or if at any time the contractor fails to deliver in the quantities desired by the City within a reasonable length of time from date of such order, the City reserves the right to purchase the materials, or obtain said service from another source. In the event said purchase is made at a price higher than the bid price, the bidder shall be liable to the City for an amount not to exceed the difference between the purchase price and the bid price. Bidder will not be held liable for failure to make delivery because of strikes, acts of God, or any other cause beyond his control; provided an extension of time is obtained from the Purchasing Agent.

8. AWARD: The successful bidder shall be determined by the selection of the most desirable quote of prices submitted in the proposal. The City of Euless reserves the right to reject any or all proposals, to waive any informality and to accept the proposal that is considered the most advantageous to the City of Euless.

9. CONTRACT PERIOD: The contract shall be for a predetermined period as specified on the quotation form.

10. RENEWAL OPTIONS: With a written request from awardee, this contract is subject to consideration for renewal for the same period of time and under the same terms and conditions as awarded. Written request should be received by purchasing 30 days prior to expiration of existing contract to insure renewal.

11. CANCELLATION OF CONTRACT: The City of Euless reserves the right to terminate the contract upon 30 days written notice if the vendor fails to perform in a manner deemed acceptable to the City. If the City chooses to terminate the contract, the second low bidder will be given an opportunity to complete the contract, given a 30-day notice.

12. AWARD OF CONTRACT: The City of Euless reserves the right to withhold the award of the contract for a period of (30) thirty days from the date of opening bids, but not before said

City’s next monthly meeting. No award will be made until after investigations are made as to the responsibilities of the low Bidders. Until final award of the contract, the City of Euless reserves the right to reject any or all Bids, to waive any informality or irregularity. It is the intent of the City of Euless to award a contract to the lowest responsible Bidder or to the bidder who provides goods or services at the best value to the municipality, provided the Bid has been submitted in accordance with the requirements of the Bidding Documents and does not exceed the funds available.

13. ASSIGNMENT: The successful bidder may not assign his rights and duties under an award without the written consent of the City of Euless City Manager. Such consent shall not relieve the assignor of liability in the event of default by his assignee.

BID EVALUATION

The project will be awarded pursuant to Subchapter C of Chapter 2269, Texas Government Code. This City reserves the right to accept or reject in part or in whole any bid submitted and to waive any technicalities for the best interest of the City. The City reserves the right to determine “or equal” status.

AWARD OF CONTRACT: If the contract is to be awarded, the City will award the contract to the bidder whose bid, conforming with all the material terms and conditions of the Instructions to Bidders, is determined to be the lowest responsible bid based on the price and other factors considered. In determining the lowest responsible bidder, the City of Euless may consider:

In determining the best value for the municipality, the City of Euless 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 and services;

4. The extent to which the goods or services meet the City of Euless’ needs;

5. The bidder’s past relationship with the City of Euless;

6. The impact on the ability of the City of Euless to comply with laws and rules relating to contracting with historically underutilized businesses and nonprofit organizations employing persons with disabilities;

7. The total long-term cost to the City of Euless to acquire the bidder’s goods or services; and

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

14. SUBMISSION: Vendors submitting bids that indicate compliance with each line item specified.

The Proposal Certification page MUST be signed and included with submission.

15. RETURN ENVELOPE: It shall be the Bidder's responsibility for the delivery of his bid at the proper place by the time stated in the Invitation for Bids. The mere fact that a bid was dispatched will not be considered. The return envelope containing bid responses shall be SEALED and marked with the bid number.

Camille Alford Highlight

Camille Alford Highlight

INSURANCE REQUIREMENTS

A. Prior to approval of this contract by the City, the successful Contractor shall furnish a completed insurance certificate to the City, which shall be completed by an agent authorized to bind the named underwriter(s) to the coverage’s, limits and termination provisions shown thereon. THE CITY SHALL HAVE NO DUTY TO PAY OR

PERFORM UNDER THE CONTRACT UNTIL SUCH CERTIFICATE SHALL

HAVE BEEN DELIVERED TO THE CITY.

B. Subject to the Contractor’s right to maintain reasonable deductibles in such amounts as are approved by the City, the Contractor shall obtain and maintain in full force and effect for the duration of this contact, and any extension hereof at the successful Contractor’s sole expense, insurance coverage written by companies approved by the State of Texas and acceptable to the City, in the following type(s) and amount(s):

Worker’s Compensation Statutory (As revised) and

Employer’s Liability $1,000,000/2,000,000/1,000,000

NOTE: For building or construction projects, the successful Contractor shall meet the minimum requirements defined in the Texas Worker’s Compensation Commission Rule 28 TAC Section 110.110 (See attached)

1. Commercial General (public) Liability Insurance, including coverage for the following:

a. Premises operations Combined single limit for bodily

b. Independent contractor injury and property damage of

c. Products/completed operations $1,000,000 per occurrence or its

d. Personal injury equivalent; $2,000,000 aggregate

e. Advertising injury

f. Contractual liability

g. Medical payments

h. Underground hazard (delete if not working below grade)

i. Explosion and collapse hazard (delete if not working below grade)

j. Liquor liability (delete if not required)

k. Fire legal liability (delete if not renting to others)

l. City property in Contractor’s care, custody and control (delete if contract won’t take City property off City premises.

2. Comprehensive Automobile Liability Insurance, including coverage of loading and unloading hazards for:

a. Owned/leased vehicles Combined single limit for bodily injury and

b. Non-owned vehicles property damage of $1,000,000 per

c. Hired vehicles occurrence or its equivalent, $2,000,000 aggregate

ADDITIONAL POLICY ENDORSEMENTS

The City shall be entitled, upon request, and without expense, to receive copies of the policies and all endorsements thereto and may make any reasonable request for deletion, revision or modification of particular policy terms, conditions, limitation or exclusions (except where policy provisions are established by law or regulations binding upon either of the parties hereto or the underwriter of any such policies). Upon request by the City, the Contractor shall exercise reasonable efforts to accomplish such changes in policy coverage and shall pay the cost thereof.

REQUIRED PROVISIONS

The successful Contractor agrees that with respect to the above required insurance, all insurance contracts and certificate(s) of insurance will contain and state in writing, on the certificate or its attachment, the following required provisions.

a. Name the City of Euless and its officers, employees and elected representatives as additional insured, (as the interest of each insured may appear) as to all applicable coverage.

b. Provide 30 days’ notice to the City for cancellation, non-renewal or material change; 10 days’ notice for worker’s compensation coverage.

Remove all language on the certificate of insurance indicating that the insurance company or agent/broker will endeavor to notify the City but failure to do so shall impose no obligation or liability or any kind upon the company, its agents or representatives.

c. All copies of the insurance shall reference the project or bid number for which the insurance is being supplied.

d. Provide for an endorsement that the “other insurance” clause shall not apply to the City of Euless.

e. The Contractor agrees to waive subrogation against the City of Euless, its officers, employees and elected representative for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance.

f. Provide that all provisions of this agreement concerning liability, duty and standard of care together with the indemnification provision shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies.

g. Provide for notice to the City at the two addresses show below by registered mail.

h. For coverage’s that are only available with claims made policies, the required period of coverage will be determined by the following formula: continuous coverage for the life of the contract, plus one year (to provide coverage for the warranty period) and an extended discovery period for a minimum of 5 years which shall begin at the end of the warranty period.

NOTICES

The contractor shall notify the City in the event of any change in coverage and shall give such notices not less than 30 days prior to the change, which notice must be accompanied by a replacement CERTIFICATE OF INSURANCE.

All notices shall be given to the City at the following two addresses:

Connie Scott Risk Manager City of Euless

Janina Jewell Finance Director City of Euless

201 N. Ector Drive 201 N. Ector Drive Suite B Suite B Euless, TX 76039 Euless, TX 76039

Scott Peterson Fleet &Facilities Administrator City of Euless 201 N.

Ector Drive Suite D Euless, TX 76039

A. Approval/disapproval or failure to act by the City regarding any insurance supplied by the Contractor shall not relieve the Contractor of full responsibility or liability for damages and accidents as set for in the contract documents. Neither shall the bankruptcy, insolvency or denial of liability by the insurance company exonerate the Contractor from liability.

SUPPLEMENT TO BID

Workers Compensation Insurance Coverage

A. Definitions:

Certificate of coverage (“certificate”) – A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission or a coverage agreement (TWCC- 81, TWCC-82, TWCC-83 or TWCC-84), showing statutory worker’s compensation insurance coverage for the person’s or entities employees providing services on a project for the duration of the project.

Duration of the project – includes the time from the beginning of the work on the project until the contractor’s/person’s work on the project has been completed and accepted by the City of Euless.

Persons providing services on the project (“subcontractor” in Section 406.096) – includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity or employees of any entity, which furnishes persons to provide services on the project.

“Services” does not include activities unrelated to the project such as food/beverage vendors, office supply deliveries and delivery of portable toilets.

B. The contractor shall provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011 (44) for all employees of the contractor providing services on the project for the duration of the project.

C. The contractor must provide a certificate of coverage to the City of Euless prior to being awarded the contract.

D. If the coverage period shown on the contractor’s current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the City of Euless showing that coverage has been extended.

E. The contractor shall obtain from each person providing services on a project, and provide to the City of Euless:

(1) a certificate of coverage, prior to that person beginning work on a project, so the City of Euless will have on file certificates of coverage showing coverage for all persons providing services on the project; and

(2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the certificate of coverage ends during the duration of the project

F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter.

G. The contractor shall notify the City of Euless in writing by certified mail or personal delivery within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project.

H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers Compensation Commission, informing all persons providing services on the project that they are required to be covered and stating how a person may verify coverage and report lack of coverage.

I. The contractor shall contractually require each person with whom it contracts to provide services on a project to:

(1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011 (44) for all of its employees providing services on the project, for the duration of the project.

(2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project.

(3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project.

(4) obtain from each other person with whom it contracts, and provide to the contractor:

a. a certificate of coverage, prior to the other person beginning work on the project; and

b. a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project.

(5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter.

(6) notify the City of Euless in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project;

and

(7) contractually require each person with whom it contracts to perform as required by paragraphs (1) through (7), with the certificates of coverage to be provided to the person for whom they are providing services

J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the City of Euless that all employees of the contractor who will provide services on the project will be covered by worker’s compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier, or in the case of a self-insured, with the commission’s Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties or other civil actions.

K. The contractor’s failure to comply with any of these provisions is a breach of contract by the contractor which entitles the City of Euless to declare void if the contractor does not remedy the breach within ten days after the receipt of notice of breach from the City of Euless.

Certificate of Interested Parties

In 2015, the Texas Legislature adopted House Bill 1295, which added section

2252.908 of the Government Code and applies to all contracts entered into on or after January 1, 2016. The law states that a governmental entity may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties to the governmental entity at the time the business entity submits the signed contract to the governmental entity. The law applies to all contracts/purchases of a governmental entity that require an action or vote by the governing body of the entity.

With regards to City of Euless purchases, a vendor that is awarded a contract or purchase that is greater than $100,000 is required to electronically create a Form 1295 through the Texas Ethics Commission website https://www.ethics.state.tx.us/filinginfo/QuickFileAReport.php and submit a signed and notarized copy of the form to the City. A contract, including City-issued purchase order, will not be enforceable or legally binding until the City receives and acknowledges receipt of the properly completed Form 1295 from the awarded vendor.

Senate Bill 252 Prohibition of Contracts with Certain Companies

SB 252 amends Chapter 2252, Texas Government Code, effective September 1, 2017, by adding sub chapter F, and specifically, Tex. Govt. Code 2252.152, prohibiting cities and other governmental entities from entering into a governmental contract (defined to mean "a contract award by a governmental entity for general construction, an improvement, a service, or a public works project or for a purchase of supplies, materials or equipment" and including contracts professional or consulting service subject to Texas Govt Code Ch. 2254, (the Professional Procurement Act) with a company that is identified on a list prepared and maintained by the Texas Comptroller and that does business with Iran, Sudan, or a foreign terrorist organization.

The new law will apply to contracts for: general construction work; an improvement; any professional or other service; a public works project; purchase of supplies; purchase of materials; and for the purchase or equipment.

Exception: A company that the United States Government affirmatively declares to be excluded from its federal sanctions regime relating to Sudan, its federal sanctions regime relating to Iran, or any federal sanctions regime relating to a foreign terrorist organization is not subject to contract prohibition under this sub chapter.

For purpose of the new law, "Company" means a sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, or other entity or business association whose securities are publicly traded, including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of those entities or business associates, that exists to make a profit.

A foreign terrorist organization is defined to mean an organization designated as a foreign terrorist organization by the United States secretary of State as authorized by 8 U.S.C. Section 1189.

Under the new law, the Texas Comptroller is required to prepare, maintain, and provide to each governmental entity in the state (including the City), a list of all companies known to have contracts with or provide supplies or services to a foreign terrorist organization.

Application of the new requirements: The new requirements apply to a contract or purchase for which the governmental unit (including the City) first advertises or otherwise solicits bids, proposals, offers or qualification on or after September 1, 2017. Thus, the new law does not apply to contracts for which bids, proposals, offers, or qualifications have already been solicited, even if the contract is not awarded on or after September 1, 2017.

While not required, the City may wish to consider adding to it's solicitation for bids, proposals or offers a statement that the City is prohibited from entering a contract with a company that is identified on a list prepared and maintained by the Texas Comptroller and that does business with Iran, Sudan, or a foreign terrorist organization. The City will of course need to monitor the Comptroller list before award of such contracts to be sure that the bidder is not on the most recent version of the list.

House Bill 89 Verification Form

Prohibition on Contracts with Companies Boycotting Israel House Bill 89, effective September 1, 2017, amended the Texas Government Code to add Chapter 2270, Prohibition on Contracts with Companies Boycotting Israel, and amended the Texas Government Code to add Chapter 808, Prohibition on Investments in Companies that Boycott Israel. (Chapter 808 does not apply to the City).

Effective September 1, 2017 a state agency and a political subdivision (which includes a city) may not enter into a contract with a company fro goods or services unless the contract contains a written verification from the company that;

(i) it does not Boycott Israel; and (ii) will not Boycott Israel during the term of the contract.

"Boycott Israel" is defined to mean refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes.

“Company” means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit.

The City should ass to its solicitations for bids, proposals or offers for goods or services (including Professional Services) that the bidder must verify in its response to the solicitation that the company (i) does not Boycott Israel; and (ii) will not Boycott Israel during the term of the contract.

, the (title/position)I, (authorized official) of (name of company), does hereby verify on behalf of said company to the City that said company does not Boycott Israel and will not Boycott Israel ( as defined in Texas Government Code section 808.001) during the term of this contract.

Signature of Certifying Official Title Date

A verification must also be included in any contract for goods or services.

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CERTIFICATIONS AND REPRESENTATIONS

CERTIFICATION OF INDEPENDENT PRICE DETERMINATION

By submission of this proposal, the proposer certifies, and in the case of a joint offer, each party thereto certifies as to its own organization, that in connection with this procurement:

1. The prices in this proposal have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other proposer or with any competitor;

2. Unless otherwise required by law, the prices which have been proposed herein have not knowingly been disclosed by the proposer and will not knowingly be disclosed by the proposer prior to opening of bids, directly or indirectly to any other proposer or competitor; and

3. No attempt has been made by the proposer to induce any other person or firm to submit or not to submit a proposal for the purpose of restricting competition.

CERTIFICATION OF FEDERAL LAW COMPLIANCE

1. The contractor (successful proposer) and/or any subcontractor(s), if permitted, certifies complete compliance with the Federal Civil Rights Law and the Americans with Disabilities Act, agreeing to non-discrimination based on race, age, color, religion, disability, gender, ancestry, national origin, or place of birth in employment practices, programs and services. These practices, programs, and services shall include, but not be limited to, the following:

employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other compensation; and selection for training, including apprenticeship.

2. The contractor shall in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, age, color, religion, disability, gender, ancestry, national origin, or place of birth.

3. Upon request by the City of Euless, the contractor shall furnish all information or reports required to investigate his/ her payrolls and personnel records which pertain to current contract(s) with the City for purposes of ascertaining compliance with this non-discrimination certification.

4. Contractor shall at all times observe and comply with all applicable Federal labor and immigration laws with respect to performance of work relative to this contract.

M/W/DBE OR HUB STATUS

___________________________________________________ IS CERTIFIED AS A:

(CHECK ONE, IF APPLICABLE)

DISADVANTAGED BUSINESS ENTERPRISE ___________

MINORITY-OWNED BUSINESS ENTERPRISE ___________

WOMEN-OWNED BUSINESS ENTERPRISE ___________

HISTORICALLY UNDERUTILIZED BUSINESS ___________

A COPY OF THE CERTIFICATION FROM ________________________ IS ATTACHED.

* * * * * NOTE * * * * *

THIS DATA IS REQUESTED FOR INFORMATIONAL PURPOSES ONLY AND WILL NOT AFFECT THE PROPOSAL

AWARD.

(SUBMISSION OF THIS INFORMATION IS NOT A REQUIREMENT.)

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CERTIFICATION OF NON-COLLUSION, NON-CONFLICT OF INTEREST AND ANTI-LOBBYING

1. Neither I nor any of my officers, partners, owners, agents, representatives, employees, or parties in interest, have in any way colluded, conspired, or agreed, directly or indirectly, with any person, firm, corporation or other proposer or potential proposer in regard to the amount of this proposal or the terms or conditions of this proposal.

I have not paid or agreed to pay, directly or indirectly any person, firm, corporation or other proposer or potential proposer, any money or anything of value in return for assistance in procuring or attempting to procure a contract or in return for fixing the prices in the attached proposal or the proposal of any other proposer. I will not pay any money or anything of value in the future for those purposes.

2. None of the deciding factors set forth in the proposal or in the subsequent agreement were my idea or the idea of anyone representing my company, unless the suggestion was made at a meeting open to all bidders, which all bidders had notice of.

3. No officer or stockholder of my company is an employee of the City of Euless, or an employee of any elected official of the City, or is related to any employee or elected official of the City of Euless.

4. My agents, representatives, sub-consultants or I will not undertake any activities or actions to promote or advertise my proposal to any member of any City Commission or Board reviewing the proposals, member of the Euless City Council or City staff except in the course of City-sponsored inquiries, briefings, interviews or presentations between the proposal submission date and award by City Council.

5. The undersigned agrees if the bid is accepted, to furnish any and all items upon which prices are offered, at the price(s) and upon the terms and conditions contained in the specifications. The period for acceptance of this proposal will be sixty calendar days (60) calendar days unless a different period is inserted by the bidder) after the opening date.

6. I further affirm that I will adhere to such laws and instruct and require all agents, employees and sub-contractors to do the same.