INVITATION TO BID (ITB) NO. I566-2026 (INFORMAL)

CLOSING DATE AND TIME: SEPTEMBER 16,2026 - 2:00 P.M.

WESTOVER PARK: PARKING LOT REPAIRS

BIDS SHALL BE SUBMITTED ON THIS FORM

The City of Mesquite is seeking price proposals for a project to replace the concrete parking lot at Westover Park, from all qualified vendors desiring to bid on the WESTOVER PARK: PARKING LOT REPAIRS, complying with the following specifications listed herein.

• The Scope of Work attached.

• Construction needs to be performed during the month of October when the park is closed for other improvements.

• Attached is the standard construction contract form the City will execute with the approved vendor.

• The City’s insurance requirements for construction are also attached.

Bids/Proposals must be sent electronically through the new online system at the following link: BidNet Direct, www.bidnetdirect.com//cityofmesquite. Wednesday, September 16, 2026 at 2:00 p.m. Make sure all required documents are submitted as required per the RFP. For questions regarding your login, submittal problems or resetting your password, contact BidNet Direct vendor support at support@bidnet.com or at 800-835-4603, option 2. Responses must be submitted in sufficient time before the published date.

GENERAL CLAUSES AND CONDITIONS

1. If you have questions regarding the preparation of your bid, you may contact: purchasing@cityofmesquite.com.

2. If you do not intend to bid on this project, please complete the bottom portion of the bid sheet, mark bid sheet “NO BID” and return form to the Purchasing Department. Your assistance in this matter is greatly appreciated.

3. Protection of Resident Workers: The City of Mesquite actively supports the Immigration and Nationality Act (INA), which includes provisions addressing employment eligibility, employment verification, and nondiscrimination.

Under the INA, employers may hire only persons who may legally work in the United States (i.e., citizens and nationals of the U.S.) and aliens authorized to work in the U.S. The employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification Form (I-9). The Contractor shall establish appropriate procedures and controls so no services or products under the Contract Documents will be performed or manufactured by any worker who is not legally eligible to perform such services or employment.

4. Laws and Ordinances: The Contractor shall at all times observe and comply with all Federal, State and local laws, ordinances and regulations which in any manner affect the Contract or the work and shall indemnify and save harmless the City against any claim arising from the violation of any such laws, ordinances and regulations whether by the Contractor or his employees.

http://www.bidnetdirect.com/cityofmesquite mailto:support@bidnet.com mailto:purchasing@cityofmesquite.com

5. A copy of the bid tabulation will be located on the following site: www.bidnetdirect.com//cityofmesquite ,24-48 hours after bid opening. BID RESULTS WILL NOT BE GIVEN BY TELEPHONE . If you have any questions, please contact the City of Mesquite Purchasing Department at 972-216-6201.

6. Bidder shall attach official documentation from the State of Texas or other qualified certification agency of M/WBE status of your company with bid/proposal. This data is for informational purposes only and will not affect the bid award.

7. A completed W-9 form will be required and submitted with bid.

8. In submitting an offer, respondent certifies that they have not participated nor have they been party to any collusion, price fixing or any other illegal or unethical agreements with any company, firm or person concerning the pricing offered.

9. The attached Non-Exclusion Affidavit for General Contractors form shall be signed, notarized and submitted with bid.

10. All bids must be signed by an authorized representative of the company.

11. The prices quoted in this bid proposal shall be F.O.B. Mesquite, TX and cover costs for packaging, delivery, and handling, REGARDLESS OF THE SIZE OF ORDER.

12. Any ambiguity in the bid as a result of omission, error, lack of clarity or non-compliance by the Bidder with specifications, instructions and all conditions shall be construed in favor of the City.

13. The City of Mesquite reserves the right to reject any and all bids, waive formalities and to make award of bid as may be deemed to the best advantage of the City. No bid may be withdrawn within forty-five (45) days after date of opening.

14. This Contract may be terminated at any time with thirty (30) days written notice by either the City of Mesquite or successful bidder.

15. Prices shall be filled in and extended on the bid sheet. In case of discrepancy between the unit price and the extension, the unit price will be taken.

16. Bidder shall complete all information requested and blanks provided shall be filled in beside or under each item.

Failure to completely describe the merchandise being bid may result in rejection of your bid.

17. The City is exempt from all sales and excise taxes.

18. The City of Mesquite reserves the right to evaluate variations from these specifications. If exceptions are made, bidder shall state wherein the merchandise fails to meet these specifications. Failure to completely describe the merchandise being bid may result in rejection of your bid.

19. Quantities are estimated and based on projected usage. It is specifically understood and agreed that these quantities are estimated and any increased quantities will be paid at the regular quoted price. The contractor shall not have any claim against the City of Mesquite for any quantities ordered that are less than the estimated bid amount.

20. Award of contract shall be made on an “all or nothing” basis at the discretion of the City of Mesquite.

21. It is the vendor’s responsibility to check for any addendums that might have been issued before the bid closing date and time.

http://www.bidnetdirect.com/cityofmesquite

22. Cooperative Purchasing: As permitted under the Texas Local Government Code, Chapter 791025, other government entities may wish to also participate under the same terms and conditions contained in this contract (piggyback). Each entity wishing to piggyback must have prior authorization from the City of Mesquite and vendor.

If such participation is authorized, all purchase orders will be issued directly from and shipped directly to the entity requiring supplies/services. The City of Mesquite shall not be held responsible for any orders placed, deliveries made or payment for supplies/services ordered by these entities. Each entity reserves the right to determine their participation in this contract.

Successful bidder agrees to extend prices to all entities that have entered into or will enter into joint purchasing interlocal cooperation agreements with the City of Mesquite _______Yes _______No.

23. The insurance requirements are included in the bid document. Bidders agree to provide and to maintain the required types of insurance for the term of the contract. An original certificate of insurance will be required within 10 business days by the apparent low bidder once notification has been received.

SPECIAL PROVISIONS

1. Bidders shall fill out the following required documents and submit with bid. If the following forms are not included, the bid may be considered non-responsive.

2. The successful bidder’s rights and duties awarded by the contract may not be assigned to another without written consent of the City signed by the City’s authorized agent. Such consent shall not relieve the assigned of liability in the event of default by the assignee.

3. Any deviations from specifications and alternate bids must be clearly shown with complete information provided by the bidder. They may or may not be considered by the City.

4. No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in the resulting contract. All change orders to the contract will be made in writing and shall not be effective unless signed by an authorized representative of the City.

5. The City shall have the right to modify this order subject to an adjustment in the price in accordance with the applicable provisions of the purchase order, if any, or pursuant to mutual agreements. No agreement or understanding to modify this order shall be binding on the City unless it is in writing and signed by an authorized representative of the City.

6. The City reserves the right to require additional technical and pricing information and negotiate all elements which comprise the Vendor’s bid to ensure that the best possible consideration be afforded to all concerned. The City reserves the right to accept all or part of any bid, to reject any or all bids and to re-solicit for bids.

7. All questions must be submitted via email by 2:00 p.m. on Tuesday, September 8, 2026, at purchasing@cityofmesquite.com prior to proposal closing date.

8. Bidders shall submit a total of three (3) references.

9. Bidders shall fill out the following required documents, as noted in the bid proposal. If the following forms are not included, the bid proposal may be considered non-responsive.

Bid Check List:

Bid Sheet Conflict of Interest Form References Non-Exclusion Affidavit for General Contractors Prohibition On Contracts with Companies Boycotting Israel

IRS W-9

Contract notice Special Conditions, Terms, Delivery and Signature Page (must be filled out completely) Secretary of State Filing Certificate/Partnership Agreement mailto:purchasing@cityofmesquite.com

Standards of Conduct

The City of Mesquite conducts business with the public, business partners, vendors and contractors under a set of rules to ensure that all City officials and employees discharge their duties in a manner designed to promote public trust and confidence in our city. This code of ethics, titled Standards of Conduct, is taken from the Mesquite City Code, Chapter 2, Art. IV, Sec 2-123.

The City wants you to be aware of the rules that its employees are required to follow while performing their services to you. A violation of state or federal statutes may occur if these rules are broken. It is hoped that by outlining these rules for you, your experience in dealing with the City of Mesquite will be both rewarding and satisfactory.

Acceptance of Gifts or Gratuities

Accepting gifts or gratuities by employees in consideration for the performance of their duties, or as an appreciation for their performance, is strictly prohibited.

• Please do not offer employees any gift, loans or any other thing of value.

• Employees may not receive any fee or compensation for their services from any source other than the City, so please don’t offer.

• Please do not offer to buy meals for employees.

• Employees may accept coffee, tea, soft drinks, snacks, etc. when attending meetings in your office.

• Letters to supervisors for exceptional service by employees are always welcome.

Conflicts of Interest

Employees are prohibited from engaging in any outside activities that conflict with, or have the appearance of conflicting with, the duties assigned to them in the employment of the City.

• Please do not ask employees for any special favor or consideration that is not available to every other citizen.

• Please do not ask an employee to disclose any information that is not available to every other citizen through normal public information channels.

• Please do not offer to compensate the employee by offering to hire, or do business with any business entity of the employee or family member

• Do not ask employees to represent you or your company or make any recommendations on your behalf other than those that are a part of their official duties with the City.

• Please do not ask employees to endorse the products or services of your company.

• Please do not ask employees to hand out or post advertising materials.

Solicitation by City Employees

Employees may not solicit gifts, loans, or any other items of value from people doing City business that will be used by them personally.

• If you are asked to pay a fee for services that you believe is improper or illegal, please contact the City’s ethic’s officer at 972-329-8723. (payments should only be made to designated cashiers or clerks)

• Employees are prohibited from taking retaliatory action against you for failing to comply with any request unless the request is within the scope of the employee’s official duties for the City.

Use of City Equipment, Facilities and Resources

Use of City equipment, facilities and resources is authorized only for City purposes and for those activities permitted by City ordinance and policy.

• Please do not ask employees to use City equipment to run errands or perform tasks for your benefit.

• Employees may not perform tasks, nor conduct any business not related to their official duties while on City time.

Your Rights and Expectations

When dealing with employees of the City of Mesquite you have the right to honest, fair and impartial treatment. You may expect prompt, courteous and professional service from our employees who are expected to understand and practice good customer service skills. Employees are tasked to uphold the public trust through the ethical performance of their duties. We understand that the enforcement of regulatory guidelines and codes may sometimes be a cause for concern;

however, you may rest assured that we are responsible to all of the citizens of Mesquite and our goal is to serve them to the best of our ability.

Should you have any concerns or questions concerning this information or the conduct of any of our employees please contact the City’s ethics officer at 972-329-8723. All calls to the City’s ethics officer are confidential and your name (or any other identifying information) will not be disclosed.

Cliff Keheley City Manager

CONFLICT OF INTEREST QUESTIONNAIRE

For vendor doing business with local governmental entity

FORM CIQ

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 Section 176.006(a).

By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code.

A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor.

OFFICE USE ONLY

Date Received

1 Name of vendor who has a business relationship with local governmental entity.

Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.)

3 Name of local government officer about whom the information is being disclosed.

Name of Officer

4 Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer.

Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form

CIQ as necessary.

A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor?

Yes No

B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity?

Yes No

5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more.

Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1).

Name of signatory Signature

Date

Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 8/14/2024 http://www.ethics.state.tx.us/

Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 8/14/2024

CONFLICT OF INTEREST QUESTIONNAIRE

For vendor doing business with local governmental entity

A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/html/LG.176.htm. For easy reference, below are some of the sections cited on this form.

Local Government Code § 176.001(1-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on:

(A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity;

(B) a transaction conducted at a price and subject to terms available to the public; or

(C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency.

Local Government Code § 176.003(a)(2)(A) and (B):

(a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:

(2) the vendor:

(A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that

(i) a contract between the local governmental entity and vendor has been executed; or

(ii) the local governmental entity is considering entering into a contract with the vendor;

(B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes aware that:

(i) a contract between the local governmental entity and vendor has been executed; or

(ii) the local governmental entity is considering entering into a contract with the vendor.

Local Government Code § 176.006(a) and (a-1)

(a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and:

(1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A);

(2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or

(3) has a family relationship with a local government officer of that local governmental entity.

(a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of:

(1) the date that the vendor:

(A) begins discussions or negotiations to enter into a contract with the local governmental entity; or

(B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or

(2) the date the vendor becomes aware:

(A) of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection (a);

(B) that the vendor has given one or more gifts described by Subsection (a); or

(C) of a family relationship with a local government officer.

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

Non-Exclusion Affidavit for General Contractors

Federal, state, and local government agencies, not-profits, and other organizations that use federal money to fund all or part of any program or project are required to follow specific requirements regarding the use of such federal funds. One of these requirements is that no contract, subcontract, grant, financial assistance, or other forms of assistance provided using federal funds may be awarded to individuals or entities that have been suspended, debarred, or otherwise excluded from participation in federally funded programs.

The U.S. federal government maintains a Web site known as the “System for Award Management” (SAM) at www.sam.gov. One of the purposes of the SAM Web site is to provide a comprehensive list of all individuals, firms, and other entities that have been suspended, debarred, or otherwise excluded from participation in federally funded contracts, subcontracts, grants, etc. SAM provides a simple means of helping government, non-profit agencies, and other organizations ensure that they do not award federally-funded grants, contracts, subcontracts, or other financial or non-financial benefits to any individual, firm, or other entity that has been excluded by any agency from participation in such federally funded activities.

I, (Contractor Representative), hereby certify that neither I nor (Name of the company or organization I represent) nor any subcontractors that I or said company may employ to work on any federally funded activity have been suspended, debarred, or otherwise excluded by any federal agency from participation in any federally funded activity. I further acknowledge my understanding that, before entering into a contract with me or with the company or organization I represent, City of Mesquite staff will perform a search on www.sam.gov to verify whether I, the organization I represent, or any subcontractors I may employ to work on any federally funded activity, have been excluded from participation in any federally funded activity.

Signature of Contractor Representative Date

Sworn to and subscribed before me this day of , 20

Notary Public in and for ____________ County, _____________ (Insert State Name) http://www.sam.gov/ http://www.sam.gov/

PROHIBITION ON CONTRACTS WITH

COMPANIES BOYCOTTING ISRAEL

Chapter 2271 of the Texas Government Code, provides that the City may not enter into a contract* with a company for goods or services unless the contract contains a written verification from the company that it:

(i) 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” is defined to mean a for-profit organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of those entities or business associations that exists to make a profit.

* The requirement applies only to a contract that: (1) is between the City and a company with 10 or more full-time employees; and (2) has a value of $100,000 or more that is to be paid wholly or partly from City funds.

I, ___, the __________ (Name of Certifying Official) (Title or Position of Certifying Official) of , does hereby verify on behalf of said (Name of Company) company to the City of Mesquite that said company does not Boycott Israel and will not Boycott Israel during the term of this contract.

Signature of Certifying Official

Title

Date of Certification

INSURANCE VERIFICATION PROGRAM

LETTER OF AUTHORITY

TO: All Awarded Vendors

RE: Insurance Verification

Dear Vendor:

The City of Mesquite has provided Insurance Certificate Administrators (ICA) authority to monitor certificates of insurance, endorsements and other policy information from our vendors and contractors. ICA will request, receive, evaluate and order corrections from such companies.

ICA will provide the City of Mesquite with verification that any insurance document your agent or insurer certifies conforms to the contract requirements.

It is necessary that you have your agent or insurer promptly cooperate with ICA by having them provide the information ICA requests.

All correspondence regarding certificates of insurance and insurance policy information for the City of Mesquite should be sent to the following address. There is no need to provide copies to the City of Mesquite.

City of Mesquite c/o ICA input@icaprogram.com P.O. Box 2566 Fort Worth, TX 76113-2566 Phone: 817-332-5313

Please forward the enclosed instructions to your agent/broker. Thank you for your cooperation.

INSURANCE

A. AMOUNTS OF INSURANCE

Contractor agrees to provide and to maintain the following types and amounts of insurance, for the term of this Contract.

Type Amount

1. Worker’s Compensation Statutory Limits and $100,000 Employer’s Liability per occurrence

2. Commercial (Public Liability) Bodily Injury:

including but not limited to: $500,000 per person $1,000,000 per occurrence and

A. Premises/Operations B. Independent Contractors C. Personal Injury Property Damage:

D. Products/Complete Operations $500,000 per occurrence E. Contractual Liability (insuring above indemnity provisions) with general aggregate of $1,000,000

3. Business (Commercial) Combined Single Limit/ Automobile Policy: $500,000

The preceding amounts notwithstanding, the City reserves the right to increase the minimum required insurance to be effective thirty (30) days after notice is sent to the address provided herein. The Contractor may pass through to the City all costs for obtaining the increase in the insurance coverage.

B. OTHER INSURANCE REQUIREMENTS

The Contractor understands that it is its sole responsibility to provide the required Certificate and that failure to comply within 10 business days after notice of award and according to the requirements of this article shall be a cause for termination of this Contract.

For any pesticide spraying performed, the City of Mesquite will require the successful bidder to carry Pollution Liability Insurance and Environmental Impairment Liability Insurance.

Insurance required herein shall be issued by a company or companies of sound and adequate financial responsibility and authorized to do business in the State of Texas. All policies shall be subject to examination and approval by the City Attorney’s office for their adequacy as to form, content, form of protection, and providing company.

Insurance required by this Contract for the City, as additional insured shall be primary insurance and not contributing with any other insurance available to City, under any third party liability policy.

The Contractor further agrees that with respect to the above required insurances, the City shall:

1. Be named as additional insured/or an insured, on all required insurance except workers’ compensation.

Blanket Endorsements are acceptable in meeting this requirement if copies of the endorsements are provided along with the certificate. If using a form that has specific boxes labeled for additional insured, checking those specific boxes is acceptable in meeting this requirement as well.

2. Be provided with a waiver of subrogation, in favor of the City on all required insurance. Blanket Endorsements are acceptable in meeting this requirement if copies of the endorsements are provided along with the certificate. If using a form that has specific boxes labeled for waiver of subrogation, checking those specific boxes is acceptable in meeting this requirement as well.

3. Be provided with an unconditional 30 days’ advance written notice of cancellation or material change.

4. Prior to execution of this Agreement, proof of insurance shall be provided through the office of the City Secretary with either their original Certificate of Insurance or their insurance policy evidencing the above requirements. Thereafter, new certificates or copies of the policies shall be furnished prior to the expiration date of any prior certificate.

C. ADDITIONAL WORKER’S COMPENSATION INSURANCE REQUIREMENTS

1. 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 showing statutory Worker’s Compensation insurance coverage for the person’s or entity’s 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 contractors’/person’s work on the project has been completed and accepted by the governmental entity.

Persons providing services on the project (subcontractor” in 406.096) - includes all persons or entitles 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” include, without limitation, providing, hauling, or other service related to a project. “Services” does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets.

2. 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.

3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract.

4. 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 governmental entity showing that coverage has been extended.

5. The contract shall obtain from each person providing services on a project, and provide to the governmental entity:

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

(b) 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 current certificate of coverage ends during the duration of the project.

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

REFERENCES

Using the format outlined below, please provide three (3) client references (Current or Former) for which you provided the same services. References should be based on the office that shall be providing services to THE

CITY.

Reference 1

Organization name:

Contact and title:

Address:

Phone number:

Effective date of contract:

Email address:

Description of services provided:

Number of enrolled employees:

Reference 2

Reference 3

SCHEDULE OF PROPOSED ITEMS

Westover Park: Parking Lot Repairs

PLEASE PROVIDE A PRICE QUOTE FOR THE FOLLOWING:

For acquisition, delivery, installation, materials, labor, cleanup, incidentals and all appurtenances, and guarantee, all per plans, specifications, complete and in place. In the event of additions/deletions to the contract items, the price per unit shall be used to determine change order amounts.

ITEM

NO.

EST.

QTY.

UNIT DESCRIPTION WITH UNIT PRICES

WRITTEN IN WORDS

UNIT PRICE

(IN FIGURES)

TOTAL

(IN FIGURES)

LS

For all items shown on the plans and described in the specifications herein. Scope of work to include all materials, labor, and equipment required to complete the work.

Demo entire existing parking lot, regrade and prepare area for new concrete, install new curb and gutter as well as paving. No striping.

Compact base and do final grading to achieve a solid, flat base that is sloped to sheet drain to drainage flume.

All concrete shall be 4,000 psi reinforced with #4 rebar at 12”O.C.E.W.

“Total base Bid” Work fully performed, complete for the sum of:

Dollars and Cents Per Lump Sum.

Total Base Bid of Item “1” complete and in place, for the sum of:

Dollars and Cents (written) LUMP SUM

(figures)

LUMP SUM

WESTOVER PARK: PARKING LOT REPAIRS

and with full knowledge for the requirements, do hereby agree to furnish the coverage in full accordance with the specifications and requirements.

I certify that ___________________________________________ and its response complies with these (Name of Organization) specifications.

Signature

Type/Print Name

Title

Date

NOTICE

The following CONSTRUCTION CONTRACT boilerplate illustrates the standard contract form the CITY uses to contract for construction services. It contains the provisions, terms, and indemnification the CITY will require.

Please review the document and indicate your acceptance or indicate any concerns or exceptions below.

______ I accept proposed Contract language

______ I have the following concerns or exceptions to the terms:

Signature Date

CONTRACT

STATE OF TEXAS §

§ KNOW ALL MEN BY THESE PRESENTS:

COUNTY OF DALLAS §

THIS CONTRACT is made and entered into on the date it is fully executed by and between the CITY OF MESQUITE, TEXAS, a municipal corporation, of the Counties of Dallas and Kaufman, State of Texas, acting through Cliff Keheley, City Manager, hereinafter termed the CITY, and [VENDORS LEGAL NAME], a Texas [VENDOR’S ENTITY TYPE], with offices located at [VENDOR’S BUSINESS OFFICE ADDRESS], hereinafter termed the CONTRACTOR.

WITNESSETH: That for and in consideration of the mutual covenants hereinafter set forth, the CITY and CONTRACTOR agree as follows:

I. DESCRIPTION OF WORK

The CONTRACTOR shall perform all of the work as specified in the contract documents such work generally described as:

[PROJECT NAME]

CITY OF MESQUITE CONTRACT NO. _______

Plans and Specifications prepared by:

All work shall be performed at the CONTRACTOR’S own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, bonds and other accessories and services necessary to complete the work, in accordance with the Contract documents.

II. CONTRACT DOCUMENTS

The Contract documents shall consist of the following, all of which is incorporated herein by reference:

1. this Contract;

2. City of Mesquite specifications including any advertisement, instructions, forms, plans, and drawings (attached hereto as Exhibit A);

3. City of Mesquite Minimum Insurance Requirements (attached hereto as Exhibit B);

4. the City of Mesquite General Design Standards (on file at the City of Mesquite Purchasing

Office);

5. the Standard Specifications for Public Works Construction (North Central Texas Fifth Edition

November 2017), Division 100, as amended and supplemented by the City of Mesquite by Addendum (hereinafter referred to as the "General Provisions”);

6. all addenda issued prior to award of Contract;

7. the bid specifications including the advertisement for bid, instruction to bidders, bidder's bid form, plans, and drawings (if any);

8. a Performance Bond in the sum of ONE HUNDRED PERCENT (100%) of the total Contract price, which Bond shall be in a form acceptable to the City, shall guarantee the work in accordance with the plans and specifications for a period of two (2) years after acceptance by the City, and shall provide for repair or replacement of all defects due to faulty material and/or workmanship that appear within a period of two (2) years from the date of acceptance by the City;

9. A Payment Bond in the sum of ONE HUNDRED PERCENT (100%) of the total Contract price;

and

10. the Contractor’s bid/proposal attached hereto as Exhibit C and incorporated herein by reference and any other documents identified as pertaining to this Contract, all of which have been identified by the CITY and the CONTRACTOR.

These Contract documents constitute the entire agreement between the CITY and CONTRACTOR, and all are fully incorporated herein. The Contract documents are complementary and what is called for by one shall be as binding as if called for by all. In the event of an inconsistency in any of the provisions of the Contract documents, the inconsistency shall be resolved by giving precedence to the Contract documents in the order in which they are listed above. The Contract may be altered, amended or modified only as provided in the general or special provisions. These Contract Documents supersede all oral or written previous contemporaneous agreements between the parties relating to matters in this

III. TIME OF COMMENCEMENT, COMPLETION

AND LIQUIDATED DAMAGES

The work to be performed under this Contract shall be commenced by the CONTRACTOR upon final execution of this Contract and notice from the CITY to proceed. All work to be performed under this Contract shall be substantially completed within ___calendar days of the date of commencement of the work, subject to extensions of time provided in accordance with the Contract documents. Time is of the essence in this Contract and it is understood by the CONTRACTOR and CITY that actual damages caused by the failure of the CONTRACTOR to complete the work within the stated time are impractical or extremely difficult to fix or ascertain, and that per diem deduction from the Contract price shall be retained by the CITY as payment by the CONTRACTOR of liquidated damages, and not as penalty for such failure. Such liquidated damages to be assessed and retained are set forth in the General Provisions.

IV. CONTRACT PRICE

The CITY shall pay the CONTRACTOR for the performance of the work, subject to additions and deductions by change order or as otherwise provided in the provisions of this Contract, in appropriated funds the Contract sum, and which has been bid in compliance with the Texas Local Government, Government and Tax Codes, as follows:

Total sum: ____________ THOUSAND _________HUNDRED __________ DOLLARS 00/100

V. CONTRACT ADMINISTRATION

This Contract shall be administered on behalf of the CITY by [IDENTIFY RESPONSIBLE DEPARTMENT] (referred to herein as “City Representative”) and the CONTRACTOR shall fully comply with any and all instructions from said City Representative. With execution and delivery of the Contract, the CONTRACTOR shall furnish and file with the CITY in the amounts herein required, performance and payment bonds in accordance with the provisions of V.T.C.A. Government Code, Chapter 2253 if this is a public work contract in excess of fifty thousand dollars ($50,000.00).

VI. LABOR CLASSIFICATION AND MINIMUM WAGE SCALE

The CONTRACTOR is required to follow all provisions of Chapter 2258 of the Texas Government Code in the hiring and payment of all skilled and unskilled labor used on this contract. The CONTRACTOR must pay the prevailing wage rates as shown on the attached Wage Decision.

VII. DISCLOSURE OF CONFLICTS OF INTEREST

AND COMPLIANCE WITH OTHER APPLICABLE LAWS

The CONTRACTOR shall at all times observe and comply with all Federal, State and local laws, ordinances and regulations including all amendments and revisions thereto, which in any manner affect the CONTRACTOR or the services and/or items to be provided, specifically and not limited to any ethics laws. In particular, the CONTRACTOR is put on notice that the CITY will require the CONTRACTOR to comply with Chapter 176 of the Texas Local Government Code by completing the attached Conflict of Interest questionnaire (FORM CIQ) and returning the completed FORM CIQ to the CITY. Additionally, CONTRACTOR must comply with Section 2252.908 of the Texas Government Code, which was enacted in 2015 by the Texas Legislature pursuant to HB 1295, providing that a governmental entity may not enter into certain contracts with a business entity on or after January 1, 2016, unless the business entity submits a disclosure of interested parties (FORM 1295) to the governmental entity at the time the business entity submits the signed contract to the governmental entity. Further information regarding the disclosure of interested parties law and instructions on filing FORM 1295 can be found at the Texas Ethics Commission web site at the following web address:

https://www.ethics.state.tx.us/filinginfo/1295/

VIII. INSURANCE

The CONTRACTOR agrees to provide and to maintain the types and amounts of insurance set forth in the Exhibit B and to include the CITY as an Additional Insured (excepting Workers’ Compensation), Waiver of Subrogation and Notice of Cancellation in all policies providing coverage for the term of this

IX. CHOICE OF LAW, VENUE AND CONTRACT INTEPRETATION

The obligations of the Parties to this Contract shall be performable in Dallas County, Texas, and if legal action is necessary in connection with or to enforce rights under this Contract, exclusive venue shall lie in Dallas County, Texas.

This Contract shall be governed by and construed in accordance with the laws and court decisions of the State of Texas, without regard to conflict of law or law principles of Texas or any other State.

Although this Contract is drafted by the CITY, should any part be in dispute, the parties agree this Contract shall not be construed more favorably for either Party.

X. SEVERABILITY

If any part of this Contract shall be stricken for any reason whatsoever or found to be invalid or unenforceable, that part will be severed and the remainder of this Contract will continue in full force and effect.

https://www.ethics.state.tx.us/filinginfo/1295/

XI. SURVIVAL

Any liabilities or obligations of a Party for acts or omissions prior to the cancellation or termination of this Contract, and any other provisions of this Contract which, by their terms, are contemplated to survive (or to be performed after) termination of this Contract, shall survive cancellation or termination thereof.

XII. MISCELLANEOUS

A. Verification Regarding Energy Company Boycotts: To the extent this Contract constitutes a contract for goods or services for which a written verification is required under Section 2276.002, Texas Government Code, as amended, the Consultant hereby verifies that it and its parent company, wholly- or majority- owned subsidiaries, and other affiliates, if any, do not boycott energy companies and, will not boycott energy companies during the Term of this Contract. The foregoing verification is made solely to comply with Section 2276.002, Texas Government Code, as amended, to the extent Section 2276.002, Texas Government Code does not contravene applicable Texas or federal law. As used in the foregoing verification, “boycott energy companies” shall have the meaning assigned to the term “boycott energy company” in Section 809.001, Texas Government Code. The Consultant understands “affiliate” to mean an entity that controls, is controlled by, or is under common control with the Underwriter and exists to make a profit.

B. Certifications Regarding Terrorist Organizations and Boycott of Israel: To the extent this Contract constitutes a contract for goods or services for which a written verification is required under Section 2271.002, Texas Government Code, the Consultant hereby verifies that it and its parent company, wholly- or majority-owned subsidiaries, and other affiliates, if any, does not boycott Israel and will not boycott Israel during the Term of this Contract. The foregoing verification is made solely to enable compliance with such Section and to the extent such Section does not contravene applicable Federal or Texas law. As used in the foregoing verification, ‘boycott Israel,’ a term defined in Section 2271.001, Texas Government Code, by reference to Section 808.001(1), Texas Government Code, means 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.

C. Verification Regarding Discrimination Against Firearm Entity or Trade Association: To the extent this Contract constitutes a contract for the purchase of goods or services for which a written verification is required under Section 2274.002, Texas Government Code, the Consultant hereby verifies that it and its parent company, wholly- or majority- owned subsidiaries, and other affiliates, if any, do not have a practice, policy, guidance or directive that discriminates against a firearm entity or firearm trade association; and will not discriminate during the Term of this Contract against a firearm entity or firearm trade association.

The foregoing verification is made solely to comply with Section 2274.002, Texas Government Code, to the extent Section 2274.002 does not contravene applicable Texas or federal law. As used in the foregoing verification, “discriminate against a firearm entity or firearm trade association” shall have the meaning assigned to such term in Section 2274.001(3), Texas Government Code. The Consultant understands “affiliate” to mean an entity that controls, is controlled by, or is under common control with the Underwriter and exists to make a profit.

D. Iran, Sudan and Foreign Terrorist Organizations: Section 2252.151 of the Texas Government Code defines a "governmental contract" as a contract awarded 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 provides that the term includes a contract to obtain a professional or consulting service subject to Chapter 2254 of the Texas Government Code. The Consultant represents that, as of the date of this Contract, to the extent this Contract constitutes a governmental contract within the meaning of Section 2252.151 of the Texas Government Code, as amended, solely for purposes of compliance with Chapter 2252 of the Texas Government Code, and except to the extent otherwise required by applicable federal law, neither the Consultant nor any wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of the Consultant (if any) is an entity listed by the Texas Comptroller of Public Accounts under Sections 806.051, 807.051, or 2252.153 of the Texas Government Code or identified on a list prepared and maintained by the Texas Comptroller of Public Accounts under Section 2252.153 or Section 2270.0201, Texas Government Code, and posted on any of the following pages of such officer’s internet website:

https://comptroller.texas.gov/purchasing/docs/sudan-list.pdf , https://comptroller.texas.gov/purchasing/docs/sudan-list.pdf https://comptroller.texas.gov/purchasing/docs/iran-list.pdf , or https://comptroller.texas.gov/purchasing/docs/fto-list.pdf.

Liability for breach of any such verification during the term of this Agreement shall survive until barred by the applicable statute of limitations, and shall not be liquidated or otherwise limited by any provision of this Agreement, notwithstanding anything in this Agreement to the contrary.

E. The parties agree that this Contract is subject to the Texas Public Information Act, Texas Government Code, Chapter 552 (the “TPIA”) which shall control to the extent of any conflict between the terms of this Contract, the exhibits, and the TPIA.

XIII. AUTHORITY TO SIGN

The undersigned officers and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Contract on behalf of the parties hereto.

IN WITNESS WHEREOF, the CITY and CONTRACTOR have executed this Contract in the year and day first written above.

https://comptroller.texas.gov/purchasing/docs/iran-list.pdf https://comptroller.texas.gov/purchasing/docs/fto-list.pdf

CITY OF MESQUITE

(CITY) (CONTRACTOR)

By: BY:

Cliff Keheley (signature) City Manager

TYPED NAME:

TITLE:

ATTEST: ATTEST:

By: By:

Sonja Land, City Secretary

TYPED NAME: ________________

TITLE: ______________________

Date: Date:

APPROVED AS TO FORM:

David L. Paschall, City Attorney

City Attorney

EXHIBIT A

City of Mesquite Specifications Including any

Advertisement, Instructions, Forms, Plans, and Drawings

EXHIBIT B

City of Mesquite Minimum Insurance Requirements

EXHIBIT C

Contractor’s Bid/Proposal

TO THE VENDOR

DID YOU REMEMBER TO:

• Abide by the General and Special Conditions

• Make note of the opening date and time. All bids must be submitted by 2:00 p.m.

Bids received after 2:00 p.m. will not be accepted.

• Fill in the unit and extended price on your bid proposal.

• Fill in the total amount.

• Fill in the terms, if requested.

• Acknowledge receipt of all addendums.

• Fill in the delivery time or the calendar days (if applicable).

• Fill in the company name, address and phone number.

• Sign bid proposal.

• Include on the front of your sealed envelope the following information: Company name, address, bid number, opening date and time.

Mailing…