RFB I030-2026 - Specs.pdf

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REQUEST FOR BID

RFB NO. I030-2026

ANNUAL SUPPLY OF MATTRESS SETS FOR FIRE DEPARTMENT

CLOSING DATE AND TIME

WEDNESDAY, NOVEMBER 19, 2025 - 2:00 P.M.

The City of Mesquite, Texas, invites bids from all qualified bidders desiring to bid on the referenced bid with the following specifications as listed herein.

Bids must be sent electronically before proposal closing on Wednesday, November 19, 2025, at 2:00 p.m. through the online system at the following link: BidNet Direct, www.bidnetdirect.com//cityofmesquite. Make sure all required documents are submitted as required per the RFB. 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.

All questions must be submitted via email at purchasing@cityofmesquite.com on Wednesday, November 12, 2025, by 5:00 p.m. Responses will be provided in the form of an addendum after the question deadline.

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CITY OF MESQUITE

GENERAL CLAUSES AND CONDITIONS

1. CITY OF MESQUITE GENERAL CLAUSES AND CONDITIONS APPLY TO ANY PROCUREMENT

OF PRODUCTS OR SERVICES BY THE CITY OF MESQUITE (CITY). TAKING EXCEPTION TO

THESE CLAUSES AND CONDITIONS MAY DEEM A RESPONSE AS NON-RESPONSIVE.

2. Questions: For questions regarding bid preparation, please contact: purchasing@cityofmesquite.com.

3. Correspondence: The City assigned number of this bid packet must appear on all correspondence, or inquiries, pertaining to this bid.

4. Preparation Cost: The City will not be liable for any costs associated with the preparation, transmittal or presentation of any bids or materials submitted in response to any bid or quotation.

5. Bid Packet Completion Required: City of Mesquite bid packets have sections requiring completion. The bid form section of the bid packet must be completed and submitted via Bidnet Direct prior to the date and time set for bid opening and included with the bid packet or the bid may be found non-responsive. Failure to complete all requirements in a timely manner, prior to award, may be used by the City in determining a bidder’s responsibility.

6. 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.

7. Bids/Proposals must be sent electronically through the new online system at the following link: BidNet Direct, https://www.bidnetdirect.com/texas/cityofmesquite. Make sure all required documents are submitted as required per the RFP. For questions regarding your login, submittal problems or resetting your password, contract 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 dated.

8. Addenda: Any interpretations, corrections or changes to this bid packet will be made by addenda issued by the City of Mesquite Purchasing Division. It is the bidder’s responsibility to check for any addendums in Bidnet Direct that may have been issued before the bid closing date and time.

9. Public Documents: All material submitted by the Contractor to the City shall become property of the City upon receipt. Any portions of such material claimed by the Contractor to be confidential, trademarked, copyrighted, or proprietary must be clearly and ambiguously marked as such. Determination of the public nature of the material is subject to the Texas Public Information Act, Chapter 552 of the Texas Government Code.

10. Bid Opening: All bids submitted will be read at the City’s regularly scheduled bid opening for the designated project.

11. Bid Tabulation: Bidders desiring a copy of the bid tabulation may view the results online forty-eight (48) hours after the bid opening at www.cityofmesquite.com. BID RESULTS WILL NOT BE GIVEN BY TELEPHONE

OR EMAIL.

12. Award: The City reserves the right to award:

a. In whole or in part as determined to be in the best interest of the City; and/or

b. A separate contract to separate bidders for each item/group or to award one contract for the entire bid. The

City reserves the right to take into consideration contract administration costs for multiple award contracts.

13. Estimated Quantities: Quantities are estimated and based on projected usage. It is specifically understood and agreed that these quantities are approximate, and any increased quantities will be paid at the regular quoted price.

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The bidder shall not have any claim against the City of Mesquite for any quantities ordered that are less than the estimated bid amount.

14. Ambiguities: Any ambiguity in the bid because 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.

15. Best Advantage: The City of Mesquite reserves the right to reject any and all bids, without cause, and to waive any defect, irregularity, or informality and to make award of the bid as may be deemed to the best advantage of the City.

16. Variations: The City of Mesquite reserves the right to evaluate variations from the specifications. If variations are requested, bidder shall state exactly which specifications the bidder seeks a variation from and specifically how the variation shall apply. Failure to completely describe the merchandise being bid may result in rejection of bid.

17. Revised Bids: The bid that is submitted last will supersede any previous versions within the submission deadline.

18. Altering Bid Prices: Bid prices cannot be altered or amended after submission deadline. Any inter-lineation alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity.

19. Pricing: Bid price(s) quoted, must be held firm for ninety (90) days to allow for evaluation unless otherwise stated in this document.

20. Error-Quantity: 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 shall govern.

21. Withdrawal of Bids: Bidder agrees that a bid price may not be withdrawn or cancelled by the bidder for a period of ninety (90) days following the date designated for the receipt of bids without written approval of the City.

22. Prices Prevail for Term: Prices quoted by bidder shall prevail for the entire term of the contract as stated herein or in the bid packet.

23. Term of Contract: Unless otherwise stated in the bid packet, the term of the contract shall be for one (1) year starting after bid is awarded to the successful bidder. A renewal option is included as a part of this bid for an additional four (4) automatic one-year periods, renewable on anniversary of the award date, provided bidder can maintain bid prices and both parties are in mutual agreement.

24. Insurance: 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 shall be submitted by the bidder to the City of Mesquite Purchasing Office within 10 business days of bidder receiving notice from the City that they are the apparent low bidder.

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

26. Collusion: In submitting a bid, the bidder certifies that they have not participated in, 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.

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

28. Non-Exclusion Affidavit: The attached Non-Exclusion Affidavit for General Contractor form must be signed, notarized, and submitted with bid.

29. Authorized Signature: All bids must be signed by an authorized representative of the company.

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30. Assignment: The awarded contract/purchase order may not be assigned to a third party.

31. Cooperative Purchasing: As permitted under the Texas Local Government Code, Chapter 791.025, other government entities may wish to also participate under the same terms and conditions contained in this contract (piggyback). 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.

32. F.O.B./Damage: Quotations shall be bid F.O.B. delivered, designated location, and shall include all delivery and packaging costs. The City of Mesquite assumes no liability for goods delivered in damaged or unacceptable condition. The successful bidder shall handle all claims with carriers, and in case of damaged goods, shall ship replacement goods immediately upon notification by the City of damage.

33. Sample Contract Forms: Any sample contract forms in the bid packet are included for informative purposes only, so that bidders may be familiar with their contents and requirements. Bidders shall not fill in or execute these sample contract forms at time of bid submittal.

34. Taxes: The City is exempt from all sales and excise taxes.

35. Change Orders: No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in the resulting contract. 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.

36. Termination: This Contract may be terminated at any time with thirty (30) day’s written notice by either the City of Mesquite or successful bidder.

37. Non-Resident Bidders: Pursuant to Texas Government Code, Chapter 2252, Subchapter A: A bidder whose principal place of business, ultimate parent company or majority owner’s principal place of business is not in Texas, is considered a nonresident bidder. A nonresident bidder must underbid the lowest responsible resident bidder by an amount that is equal to, or less than, the amount by which a Texas resident would be required to underbid in the nonresident bidder’s state. This provision does not apply to a contract involving federal funds.

38. Ordering: Orders shall be placed on an “as-needed” basis at the discretion of the City of Mesquite. Bidders shall advise if there is a minimum dollar amount per order.

39. Invoices: Invoices must be submitted by the Contractor to the City of Mesquite, Accounting Department, P.O.

Box 850137, Mesquite, TX, 75185-0137, accounting@cityofmesquite.com. The City Purchase Order must appear on all invoices, delivery memoranda, bills of lading, packing and correspondence.

40. Payment Terms: Payment terms are pursuant to the Texas Prompt Payment Act unless otherwise specified by the City. Upon receipt of a properly executed invoice from the vendor, payment will be processed for items or services delivered.

41. Authorization: The City of Mesquite will not accept or pay for articles delivered or services performed without a specific written Purchase Order.

42. Conformity of Goods/Services: All goods to be delivered or services to be performed shall conform in every respect to the specifications issued by the City in conjunction with its solicitation of bids. In the event no such specifications were issued, the goods or services shall conform to the bid submitted by the vendor.

43. Patent Rights: The bidder agrees to indemnify and hold the City harmless from any claim involving patent right infringement or copyrights on goods supplied.

44. The Contract, forms are included for Bidders information so that Bidders may be familiar with their contents and requirements. Bidder shall not fill in or execute these forms at time of bid submittal. Upon award of the bid, the awarded vendor will be required to execute the contract.

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SPECIAL PROVISIONS

1. Price escalation: The City of Mesquite favors fixed pricing. However, due to market conditions, which may result in an increase in the costs of materials awarded by this contract during the contract term, the City may consider, at its option, a request by the successful bidder for a price escalation equivalent to the percentage increase of materials. Increases will apply only to the products(s) and/or service(s) affected by an increase in raw material, labor, or another like cost factor. Price escalation will be made under the following conditions: 1) no request for a price escalation will be considered for the first year of the contract period; 2) Contractor will be required to provide written confirmation from his supplier indicating the exact percentage of increase as well as the effective date of the escalation; 3) The City reserves the right to accept or reject the price increase; and 4) If the price increase is rejected, the Contractor shall provide the materials at the contracted price or may cancel the contract for the remaining term.

2. Price reduction: If during the life of the contract, the successful bidder’s net prices to other customers for the same product(s) and/or service(s) are lower than the City of Mesquite’s contracted prices, an equitable adjustment shall be made in the contract price.

3. Unless otherwise stated in the bid packet, bidders shall submit a total of five (5) references. The City may contact secondary vendors for references.

4. Bidders shall complete the required documents on the Bid Checklist and submit with bid. If the forms are not included, the bid may be considered non-responsive.

5. The following Schedule of Events represents the schedule the City will follow. The City plans to meet the dates described below. If a component of the schedule is delayed, it shall be anticipated that the remaining components will also be delayed by a similar number of days. Any significant change to the schedule will be published via an Addendum.

Event Estimated Date Request for Bid Published Thursday, October 30, 2025, and November 6, 2025 Deadline to Submit Vendor Questions Wednesday, November 12, 2025, by 5:00 p.m.

Addendum for Questions Published Friday, November 14, 2025, by 5:00 p.m.

Deadline for Bid Submissions Wednesday, November 19, 2025, at 2:00 p.m.

Council Award, if applicable N/A Effective Date of Contract N/A

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RESPONDENT ACKNOWLEDGEMENT FORM

RFB No. I030-2026

PLEASE INCLUDE THIS COMPLETED PAGE AS THE FIRST PAGE OF YOUR SUBMITTAL.

The undersigned hereby certifies that he/she understands the specifications, has read the document in its entirety and that the prices contained in this submission have been carefully reviewed and are submitted as correct and final. Respondent further certifies and agrees to furnish any or all products/services upon which prices are extended at the price offered and upon conditions contained in the specifications of the submittal.

The following information should be completed in its entirety for the response to be considered.

Company Name:

Address of Principal Place of Business:

Phone of Principal Place of Business:

Email Address of Representative:

Authorized Representative:

Signature Date

Printed Name Title

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BID CHECKLIST

PLEASE INITIAL EACH ITEM BELOW AND INCLUDE THIS PAGE AS THE SECOND PAGE OF YOUR

SUBMITTAL.

Bid Checklist Please ensure to complete and return the following required documents and information to the City of Mesquite Purchasing Division before the deadline. Late submittals will not be accepted. If the following information is not included, the bid may be considered non-responsive.

1. ____ Bidder’s Submission: via Bidnet Direct

2. ____ Respondent Acknowledgement Form

3. ____ Bid Checklist (this page)

4. ____ Bid Sheet

5. ____ Conflict of Interest Questionnaire (Form CIQ)

6. ____ Non-Exclusion Affidavit for General Contractors (must be notarized)

7. ____ Prohibition on Contracts with Companies Boycotting Israel

8. ____ References

9. ____ Certification Statement

10. ____ IRS W-9 (Bidder to provide)

11. ____ Texas Secretary of State Filing Certificate/Partnership Agreement (Bidder to provide)

12. ____ Addendum No. 1 – Acknowledgment of Receipt (initial, if applicable)

13. ____ Addendum No. 2 – Acknowledgment of Receipt (initial, if applicable)

14. ____ Contract Statement

FAILURE TO COMPLETE AND PROVIDE ANY OF THESE BID REQUIREMENTS MAY RESULT IN THE

RESPONDENT’S PROPOSAL BEING DEEMED NON-RESPONSIVE AND THEREFORE DISQUALIFIED

FROM CONSIDERATION.

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CONTRACTING WITH THE CITY OF MESQUITE

Updated: June 12, 2024

Conflict of Interest Questionnaire and Disclosure of Interested Parties (Form 1295)

The Respondent will be required to comply with the following:

Chapter 176 of the Texas Local Government Code is an ethics law that was initially enacted by the Texas Legislature with HB 914 in 2005 that requires disclosure of employment and business relationships local government officers may have with contractors, consultants and vendors who conduct business with local government entities. The law applies to any written contract for the sale or purchase of real property, goods, or services. Further information regarding Texas Conflict of Interest laws and the Conflict-of-Interest Questionnaire (FORM CIQ) can be found at the Texas Ethics Commission website at the following web address:

https://www.ethics.state.tx.us/data/forms/conflict/CIQ.pdf A sample FORM CIQ has been provided in the following pages. It is recommended to utilize the form at the link above.

Please complete and submit with response.

Section 2252.908 of the Texas Government Code was enacted in 2015, by the Texas Legislature pursuant to HB 1295, which provides 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 FORM 1295 can be found at the Texas Ethics Commission website at the following web address:

https://www.ethics.state.tx.us/filinginfo/1295/ Please DO NOT complete Form 1295 until notified of contract award and requested by the Purchasing Division to electronically file Form 1295 with the Texas Ethics Commission.

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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.

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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 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

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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 website known as the “System for Award Management” (SAM) at www.sam.gov. One of the purposes of the SAM website 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)

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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 company to the (Name of Company)

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

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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.

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Recommended Insurance For Contracts / Vendors

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CONTENTS

I. MINIMUM INSURANCE REQUIREMENTS MATRIX

II. SCOPE

III. FINANCIAL RATING-INSURANCE COVERAGE

AUTOMOBILE LIABILITY

COMMERCIAL GENERAL LIABILITY

WORKERS’ COMPENSATION

EMPLOYERS’ LIABILITY

PROFESSIONAL LIABILITY

CYBER LIABILITY

IV. OTHER LINES OF INSURANCE COVERAGE

UMBRELLA / EXCESS LIABILITY

PROPERTY

POLLUTION LIABILITY

CRIME COVERAGE

CONTRACT BONDS

V. CERTIFICATES OF INSURANCE AND POLICY ENDORSEMENTS

VI. OTHER KEY CONSIDERATIONS

GOVERNMENTAL TORT IMMUNITY

SELF-INSURED CONTRACTORS / VENDORS

CITY OF MESQUITE RECOMMENDED MINIMUM (NO LESS THAN) INSURANCE REQUIREMENTS FOR CONTRACTS

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Minimum Insurance Requirements for Contracts

II. SCOPE

The following insurance requirements are designed to facilitate the execution of contracts by duly authorized City of Mesquite staff (hereafter referred to as City). They are to be applied to contracts involving labor, not supplies, entered into by the City with entities providing services that include but are not limited to: professional services, construction or maintenance of facilities and infrastructure and other services for the City where contractual risk transfer is deemed appropriate (For the purposes of this document, all of these entities will be referred to as “contractor / vendor”). W h e r e the following topics only apply in certain situations, it is noted in that section of the document.

III. FINANCIAL RATING-INSURANCE COVERAGE

Insurance coverage serves as part of the financial backing for liability assumed by a contracting party through indemnification language in a contract. Instead of intentionally utilizing its own assets to support liability, the contracting party is transferring risk to the insurance company in return for payment of insurance premium.

Without insurance, most contractors / vendors would not be able to meet indemnification obligations when a significant loss occurs.

The City requires all contractor / vendor insurance policies be written on a primary basis and be non-contributory with any other insurance coverages and/or self-insurance carried by the City, meaning, the City and its coverage provider is not to pay first or contribute in any way. Coverage shall be provided by a carrier approved to do business in the state of Texas and rated at least “A- (VII)” in A.M. Best's Key Rating Guide.

The coverages and minimum limits the City reflect perceived risk potential that activities of the contractor / vendor could impose onto the City, but, in no way limits liability of the contractor/vendor.

For most contractors / vendors, the City will generally require the contract reflect a minimum level of insurance limits on five types of insurance coverage: Commercial General Liability, Workers’ Compensation, Employers’ Liability, Business Automobile Liability and Professional Liability when appropriate.

Organizations that are totally self-insured are not required to carry insurance but must attest they possess the necessary amount of unencumbered financial assets, acceptable by the City of Mesquite to support their retained risk financing exposure(s).

AUTOMOBILE LIABILITY

Business Automobile Liability insurance covers liabilities assumed by a business when the type of motor vehicles required to be licensed for operation on public roads, or public property, are used during business activities. In situations where the contracting party will be utilizing motor vehicles (owned, hired or borrowed) to perform operations/provide services on City owned property or on behalf of the City, the contracting party will be required to carry Business Automobile Liability insurance, with the City as named as Additional Insured in the contract. If the contractor / vendor will be transporting hazardous substances or passengers for hire, they must meet all State and Federal licensing requirements. Depending on the type and number of hazardous materials transported, the contractor / vendor may be subject to the Federal Motor Carrier Act and required to provide proof of financial responsibility.

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COMMERCIAL GENERAL LIABILITY

Commercial General Liability is broad based insurance that covers the liability assumed in performance of the general, non-professional activities of many businesses. In most cases general liability insurance will be the primary policy responding to negligent acts or conditions (e.g. a person that is not an employee, injured from a tool dropped or mishandled by a contractor / vendor).

Contractors, vendors and other outside businesses and organizations that want to do business with the City or otherwise conduct business on City property will be required to provide evidence of commercial general liability insurance naming the City as an additional insured to the organization's insurance policy. (Please see the Certificates of Insurance section below for required wording). Examples of outside businesses and organizations required to meet these standards include but are not limited to consultants; construction contractors and other building services contractors (electricians, plumbers and- -HVAC); vendors providing City event activities and services; and non-affiliated organizations using City facilities for meetings, seminars, athletic events, etc.

The amount of insurance required by the City is based on the level of risk involved with the type of service or activity taking place, as well as the scope and nature of the project to be completed (e.g. where negligent work by the contractor / vendor could result in significant damage to City property, business operations or injury to citizens, employees, or visitors), but not less than the amount stated in the previous table (page 2).

WORKERS’ COMPENSATION/EMPLOYERS LIABILITY

Workers’ Compensation covers an employer’s statutory financial obligation to pay costs associated with an employee’s medical treatment and lost wages due to a work- r e l a t e d injury or illness. With very limited exceptions, state laws require all businesses performing certain types of work (construction / contractor services) to either purchase workers’ compensation coverage or become an authorized self- insurer by statute.

(Exceptions include businesses whose legal status is a Sole Proprietorship, and the business has no employees.)

In situations where the contractor / vendor will be engaged in services on City-owned property, the contractor / vendor will be required to carry Workers’ Compensation and/or Employer’s Liability insurance. It is the responsibility of the contractor / vendor to provide proof in the form of acceptable documentation they are exempt from statutory requirements of having Workers’ Compensation insurance, if they qualify for such (an example is a “Sole Proprietor without employees).

Employers Liability covers an employer's liability for bodily injury to employees occurring within the scope of their employment when that liability is not covered by workers' compensation (i.e., claims of emotional stress or psychological damage, etc.). This coverage generally applies when an employee alleges the employer's negligence or failure to provide a safe workplace was the cause of the employee's injury or illness.

Employer’s liability is normally provided in conjunction with workers’ compensation coverage in a single unified policy, but Texas allows for rejection of the Workers’ Compensation Act. Contractors / Vendors that have rejected the Texas Workers’ Compensation Act, and are not providing new construction work, must provide evidence of a Workers’ Compensation Alternative program/policy at the contractually indicated requirements. This includes but is not limited to service and repair HVAC, Electrical, Mechanical, Carpentry, Painting, and installation contractors.

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PROFESSIONAL LIABILITY / ERRORS & OMISSIONS INSURANCE

The liability exposures created by an improper act, error or omission in performance of professional services can be very significant. Without insurance, nearly all professional services contractors / vendors would not be able to meet their indemnification obligations when a significant loss occurs. The coverage must be on a claims made basis and maintained during the term of the contract.

Certain types of contractors / vendors perform highly specialized professional services and are not fully covered under a typical Commercial General Liability policy. In lieu of or addition to basic coverages previously described, these contractors / vendors are required to carry Professional / Errors & Omissions Liability insurance. Contractors / vendors required to carry Professional / Errors &Omissions Liability insurance include but are not limited to: Law Firms, Architects, Engineers, Environmental Consultants, Surveyors, Appraisers, Real Estate Professionals, IT Software Service Providers, Security Companies, Accountants, Business/Financial Consultants, Medical Professionals, and Insurance Brokers. [Note: Although these vendors are required to obtain Professional Liability/Errors & Omissions Insurance, these services may not be deemed “Professional Services” and exempt from bidding under state law. Contact the Legal Department if procuring these or similar services.]

THIRD-PARTY CYBER LIABILITY

Contractors and their insurance advisors must read policy wording carefully to ensure they understand the scope of coverage requested by the City of Mesquite, as well as what’s provided by a specific policy form.

As with all nonstandard lines of coverage, comparing cyber policy forms is challenging because insurers use different terminology and different approaches to providing coverage. For example, what one insurer calls information security and privacy liability coverage, another calls network liability coverage. Further, some insurers combine more than one type of coverage into the same insuring agreement, while others split them into separate insuring agreements. For example, regulatory defense and penalties coverage and privacy notification and crisis management coverage are sometimes combined in a single insuring agreement. Other insurers provide these coverages under separate insuring agreements. As a result, it is often difficult to compare the coverage offered under cyber and privacy policies, since it is a challenging process to match up the various insuring agreements on an apples-to-apples basis.

While contractors do not typically directly take and store credit card information, they can have liability for a data breach. Contractors often have access to customer data, architectural drawings, and other information on mobile devices and may incur liability for a breach. Cyber-liability policies acceptable for doing business with the City of Mesquite will provide the following distinct types of cyber third-party coverage.

Information security and privacy liability coverage Regulatory defense and penalties coverage Payment card industry fines and assessments coverage Website media content liability coverage

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IV. OTHER LINES OF INSURANCE COVERAGE

Certain types of contracts and activities will result in additional required insurance coverages for the contractors / vendors performing them. The additional coverages include but are not limited to:

UMBRELLA / EXCESS LIABILITY

The minimum required limits may be increased if the project value, scope and/or risk associated with the contractor / vendor activities are greater than usual City activities/projects. For example, services with a value more than $1,000,000, or services where governmental immunities do not apply. Umbrella / Excess Liability insurance provides additional coverage limits over a primary (GL) insurance policy. Excess Liability only applies to a single policy. An Umbrella Liability policy can apply to multiple policies. A standard umbrella liability policy generally provides additional limits to a business’s Commercial General Liability, Business Automobile Liability and Employer’s Liability policies.

A contractor / vendor’s Primary and Excess Umbrella Liability limits can be added together to meet the City’s contractually required limit(s) for an individual line of coverage. For example, if the contractor / vendor is required to carry $1m in Commercial General Liability limits and the insurance certificate shows $500,000 Commercial General Liability and $500,000 or more in Umbrella Liability limits, this would comply with the required $1m limit.

PROPERTY INSURANCE

Requirements for insurance, as determined by exposure to loss for the City of Mesquite, as well as by extent of exposure to loss, subject to recommendation by the Risk Manager and approval by the City Manager. Property insurance reimburses the policyholder for damage to or theft of their real and personal property (buildings, contents and other items of property not specifically excluded). It can also protect against extra expenses and lost business income resulting from the damage to or theft of insured property. The minimum limit for property coverage is based on reasonable appraised/replacement/comparable values.

Requirements to carry property insurance will generally be limited to lease agreements with commercial tenants. Mesquite Metro Airport is an example with commercial tenants. The tenant will be required to carry “Broad Form” property insurance on all property of the tenant, including all improvements and betterments made to the building by the tenant, in an amount equal to the replacement cost value of the property. Property insurance is also required of the contractor/vendor if they will have care, custody or control of City-owned personal property (Office equipment, artwork, antennas, materials handling equipment, etc.) City Property Insurance does not respond to losses for non-owned property (borrowed,- leased, etc.) unless the City has assumed liability by way of a written contract or agreement.

POLLUTION LIABILITY INSURANCE

If the contracting party engages in work or uses a material, produces a product or waste considered to be a “hazardous material or waste” under local, state or federal law, (which includes but is not limited to: flammable explosives, known carcinogenic materials, volatile chemicals and biological contaminants) they are required to carry Pollution Liability insurance coverage at limits dictated by the exposure to loss that is appropriate and acceptable to the City of Mesquite. The policy must cover the Contractor’s completed operations. This insurance must include sudden and gradual coverage for third-party liability including defense costs and completed operations. The coverage must be maintained during the term of the contract/lease. The City of Mesquite is to be named as an additional insured in the Contract.

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CRIME INSURANCE

When a contractor / vendor’s services include handling or having access to City money, securities and other negotiable instruments, the contractor / vendor is required to have a Commercial Crime (Fidelity) policy or if they are a financial institution, a Financial Institution Bond. Limits are commensurate with the associated dollar value, as determined by the City of Mesquite Insurance Council and managing Departments. The City will be named as an additional insured in the Contract. The coverage amount is determined by the value of accessible assets at risk and deemed acceptable by the City of Mesquite.

CONTRACT BONDS

Contract Bonds provide a financial guarantee that a contractor / vendor will provide the service or product promised in a contract. The most common type is a Performance Bond. A Performance Bond provides financial guarantee that the contractor / vendor will provide the service per the terms in the contract. The City of Mesquite, by statute, must require a performance bond for a construction contract greater than $100,000 and a payment bond on a construction contract greater than $50,000.

V. CERTIFICATES OF INSURANCE AND POLICY ENDORSEMENTS:

A Certificate of Insurance (COI) is a simple, standardized way of documenting coverages may be present.

Although a certificate of insurance is not legally binding and does not impose any obligation onto the insurance company(s) listed, it does serve to identify key information about the contractor’s / vendor’s alleged insurance and coverage.

Prior to finalizing the contract, the contractor / vendor will be required to deliver an acceptable COI and endorsement evidencing the required coverages and limits to the appropriate City Department(s), and any agent working on the City’s behalf. The COI shall provide for:

a. Coverages represented on the certificate must identify insurer/coverage provider names, policy numbers, policy dates and limits.

b. Except for Workers’ Compensation and Professional Liability coverage, the COI must state that “The City of Mesquite-Texas, its trustees, officers, agents and employees are Additional Insureds as their interests appear relating to the contractually stipulated service, project or product.”

c. A minimum of thirty (30) days written notice of cancellation, non-renewal or material restriction of coverage terms or limits from the insurance company by signed receipt delivery.

DETERMINING COVERAGE TYPES, LIMITS, AND EXCEPTIONS

The types and amounts of insurance coverage must be determined before any solicitation is issued. Reviews and recommended changes are done in collaboration with representatives from the Manager’s Office, City Attorney’s Office, Purchasing Division, and Risk Management. Deviation from the required insurance minimums is initiated based upon a justified request of the soliciting department.

VI. OTHER KEY CONSIDERATIONS

GOVERNMENTAL TORT IMMUNITY

The City of Mesquite enters many contracts with other governmental entities (States, Cities, Towns, Housing Authorities, Transit Authorities, School Districts, etc.). Governmental entities are generally immune from liability for lawsuits in accordance with the principle of sovereign immunity. However, many states, including Texas, have enacted statutes providing for waiver of such immunity for certain types of tort actions by government employees (operating a motor vehicle within course and scope is an example). Additionally, Texas state statutes may prohibit the City from enforcing the indemnification clause in the contract. If this situation arises, the Insurance Committee shall be consulted to determine the most appropriate course of action for the City.

SELF-INSURED CONTRACTORS/VENDORS

Contractors/Vendors that have implemented a formal, structured self-insurance program (e.g. captive insurance company, risk retention group) or carry a deductible/ retention greater than $250K per claim on any required coverage shall attest, in writing, they have excess insurance or reinsurance (acceptable to the City of Mesquite), as well as possess a necessary amount of unencumbered financial assets deemed appropriate by the City of Mesquite, to support their retained risk financing exposure(s).

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REFERENCES

Please list five (5) Work References.

1. Company Name:

Company Address:

Company Phone Number: Company Email:

Dates Held Contract: Contract Amount:

Work Description:

2. Company Name:

Company Phone Number: Company Email:

3. Company Name:

Company Phone Number: Company Email:

4. Company Name:

Company Phone Number: Company Email:

5. Company Name:

Company Phone Number: Company Email:

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CERTIFICATION STATEMENT

I hereby certify that the information contained in this bid and any attachments is true and correct and may be viewed as an accurate representation of proposed services to be provided by this organization. I certify that no employee or agent of the City of Mesquite has assisted in the preparation of this bid. I acknowledge that I have read and understand the requirements and provisions of the solicitation and that (name of organization) will comply with the regulations and other applicable local, state, and federal regulations and directives in the implementation of this contract.

I also certify that I have read and understood all sections of this solicitation and will comply with all the terms and conditions as stated; and furthermore that I (printed name) certify that I am the

(title) of the organization or other eligible entity named as offeror and respondent herein and that I am legally authorized to sign this offer and to submit it to the City of Mesquite, on behalf of said offeror by authority of its governing body.

Signature

Type/Print Name

Title

Date

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SPECIFICATIONS

It is the intent of the City of Mesquite to procure mattress sets for the Fire Department on an annual basis. They will be ordered on an as-needed basis. Approximately 20 mattresses per year will be purchased.

Mattress shall be – Custom Posture Pleasant FD Mattress – Eurostyle PT, or approved equivalent

Mattress: 12.5” (+/- ½ “) at Crown

Single Side Construction 2.5” Hi-Density PolyFoam Rail System @ 1.5 Density w/90 ILD 7/8” Stability Base at the bottom of the Mattress @ 1.5 Density w/50 ILD

M.N.Q.: 1 piece .6 oz. CFR 1633 Palladian FR Barrier 1 piece 1” 5-Zoned Convoluted Foam 1.2 Density w/18 ILD 1 piece ¾” Polyurethane Foam 1.2 Density w/18 ILD

Upholstery: 1 piece 1.5” 5-Zoned Convoluted Foam 1.2 Density w/18 ILD 1 piece 1.5” Polyurethane Foam 1.2 Density w/32 ILD

Insulator: Synthetic Fiber Pad – 2 oz. Needle Punched

Spring: 357XT VertiCoil® Coil Height: 7” 5 Turn per Coil

13.75 Gauge

6 Gauge Border Rod

Fabric: Woven Damask – Fawn

Labels: Sewn-on Signature Product Label Law Label showing: Name, City, State, Zip Code of Manufacturer, Date of Manufacture, Individual Piece Serial Number, Contents by Percentage, and “FR” for Flame Retardant Compliance for 16 CFR, Part 1633

Border: M.N.Q. .6 oz. CFR 1633 Palladian FR Barrier

Tape: 1-½” Color Coordinated

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