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Item 4F MemoCITY OF MEMORANDUM SOUTHLAKE June 16, 2020 To: Shana Yelverton, City Manager From: Sharen Jackson, Chief Financial Officer Timothy Slifka, Purchasing Manager Subject: Item 4F Approve Contract Award for Temporary Fencing and Portable Restrooms to United Site Services. Action Requested: Approve contract award for temporary fencing and portable restrooms to United Site Services. Background Information: In March 2020, the City released a request for proposal for temporary fencing and portable restrooms. Our current contract for rental services was expiring with no further renewals left. The City received three submissions. Evaluations were completed and a best and final offer was requested from the highest ranked vendor. The best and final offer resulted in a cost reduction from the initial vendor submission. Financial Considerations: FY 2019 spend for requested services was just over $27,000. FY 2020 current spend for services is $31,918. We anticipate higher spending for this contract in FY 2020 due to COVID related portable restroom expenses. The request will be funded through the FY 2020 Department Budgets. Strategic Link: B3 — Enhance resident quality of life & business vitality through tourism C2 — Provide travel convenience within City & region Citizen Input/ Board Review: None Legal Review: Attorney reviewed original proposal documents as to form Alternatives: Deny contract award and rebid services Supporting Documents: Request for Proposal documents, Bid Tabulation, Evaluation Scoring Summary, Vendor Contract sample. Staff Recommendation: Approve award of contract to United Site Services for temporary fencing and portable restrooms. CITY OF SOUTHLAKE BID TABULATION FORM Form Prepared By: Tim Slifka for Community Services Date Prepared: 6-3-2020 Contact Name: Contact Number. Physical Address: ITEM Description: DEPARTMENT: Finance for Community Services PROPOSAL DUE: 4/9/2020 RFP #: 2003BS40SB200001 Name of Vendor UNITED SITE SERVICES UNITED SITE SERVICES UNITED RENTALS JEFF DUNLOP JEFF DUNLOP RONALD MEREDITH 508-594-2541 508-594-2541 817-302-9200 2617 WILLOWBROOK 2617 WILLOWBROOK ROAD 6212 ANGLIN DR. FOREST ROAD DALLAS, TEXAS DALLAS, TEXAS 75220 HILL, TEXAS 76119 75220 BEST AND FINAL OFFER VIKING RENTALS Not Provided Not Provided Not Provided NON-RESPONSIVE NO RESPONSE FROM: HUBS: AJ Contracting, Acumen Enterprises Inc.,Cleaning Solutions Inc., Llano River Fence Company LLC, Products Unlimited Inc., Simab Industries, TX Tinman Enterprises LLC. Temporary Fencing Item 1. Chain Link Fence Panel 6x12 $ 15.91 $ 15.91 $ 21.00 Item 2. Chain Link Fence Panel with Entrance Gate 6 x 12 $ 60.00 $ 15.60 $ 65.00 Item 3. Chain Link Fence Panel with Entrance Gate 6 x 16 $ 75.00 $ 15.60 NO BID Item 4. Chain Link Fence Panel with Entrance Gate 6 x 24 $ 95.00 $ 15.60 $ 130.00 Item 5. Gate Wheels $ 20.00 $ 20.00 $ 25.00 Item 6. Crowd Control Fence Panel $ 11.44 $ 11.44 $ 10.50 Item 7. Bicycle Rack Panel $ 11.44 $ 11.44 $ 10.50 Item 8. Sandbags Per Each $ 4.00 $ 4.00 $ 5.00 Item 9. Standard Business Hours Labor Rate for Installation and Removal Services $ - $ - $ 5.00 Item 10. After -Hours Labor Rate for Installation and Removal Services $ 89.96 $ 89.96 $ 105.00 Item 11. Delivery Fee - All Inclusive $ 250.00 $ 150.00 $ 225.00 Total All Items $ 632.75 $ 349.55 $ 602.00 Did not Bid all Items Portable Restrooms Item 13. Comfort Station $ 1,982.06 $ 1,900.00 $ 1,250.00 Item 14. Porta-Pottie Regular $ 63.44 $ 63.44 $ 42.00 Item 15. Porta-Pottie with Diaper Changing Station NO BID NO BID NO BID Item 16. Porta -Pottle Handicap Accessible $ 79.05 $ 79.05 $ 62.00 Item 17. Hand Washing Station $ 150.00 $ 150.00 $ 100.00 Item 18. 500 Gallon Water Tank Filled $ 489.60 $ 489.60 $ 350.00 Item 19. 500 Gallon Water Tank Empty $ 413.10 $ 413.10 $ 350.00 Item 20. Generator (minimum 7,000 kw) $ 459.00 $ 459.00 $ 878.00 Item 1. Generator Power Distribution Box NO BID NO BID $ 175.00 Item 2. Comfort Station Additional Cleaning Service $ 265.20 $ 265.20 $ 189.00 Item 3. Porta-Pottie Additional Cleaning Service $ 15.81 $ 15.81 $ 10.00 Item 4. Standard Business Hours Service Attendant Hourly Labor Rate $ 25.00 $ 25.00 $ 75.00 Item 5. After -Hours Service Attendant Hourly Labor Rate $ 32.00 $ 32.00 $ 75.00 Item 6. Standard Business Hours Delivery and Set Up Fee - All Inclusive $ 265.20 $ 265.20 $ 9.00 Item 7. After -Hours Delivery Fee for Installation and Removal Services $ 350.00 $ 350.00 $ 25.00 Total All Items $ 4,589.46 $ 4,507.40 $ 3,590.00 Did not Bid all items Did not Bid all items Did not Bid all items Item 8. Additional Services, Products or Costs/Fees Item 9. Other Vendor Fencing Options or Fees $ 75.00 $ case of TP our units only come with 2 rolls, if more are required additional fee will apply. Item 10. Item 11. First Additional Year Escalation Percentage 2% 2% 0% Item 12. Second Additional Year Escalation Percentage 2% 2% 0% Item 13. Third Additional Year Escalation Percentage 2% 2% 0% Item 14. Fourth Additional year Escalation Percentage 2% 2% 0% Item 15. Total All Items $ 5,297.21 $ 4,856.95 $ 4,192.00 Item 16. First Additional Year $ 5,403.15 $ 4,954.09 $ 4,192.00 Item 17. Second Additional Year $ 5,511.22 $ 5,053.17 $ 4,192.00 Item 18. Third Additional Year $ 5,621.44 $ 5,154.23 $ 4,192.00 Item 19. Fourth Additional Year $ 5,733.87 $ 5,257.32 $ 4,192.00 Total: $ 27,566.89 $ 25,275.76 $ 20,960.00 NOTE TO PURCHASING MANAGER: Request award to Uniter Site Services for the following reason(s): Low Bid Delivery Time _X Other _Best Vaklue No Escalation percentage Did not submit bid listed. Per original signature page. documents this is counted as zero percentage increase allowed. EVALUATION MATRIX Page 1 gest ana t-inai user Trom unitea z5ite =--� Date `6/01/20 Authorized Signatt IM Appendix B — Propos Submittal Checklist: (To determine validity of proposal) Appendix B (pages _9_ through _17J must be included in the proposal submittal Appendix C Conflict of Interest Form (page _17J must be included in the proposal submittal. Form 1295 Certificate of Interested Party must be included in the proposal submittal. See page 2 Item E. HB 89 and SB 252 See Page _15_. SubmlttAI Deadline: I P_M_ (( STI_ Thumdav Anril 9. 2020 I learned of this Request for Proposals by the-fo'Ilowing means: Newspaper Advertisement ❑ City E-mail Notification ❑ Southlake Website ❑ Cold Call to City ❑ Mailed Me a Copy Other ❑ Bonfire City of Southlake - RFP2003B540SB200001 - Page 9 of 18 Primary Responses N Please complete all areas even if not revising eidTablmtemeesraiffablemrmma20m Temporary Fencing ' Sid Chain Link Fence Pa nel 6x12 . � 15.91 - -1 —� --' ---� - Bid Chain Link Fence Panel with Entrance Gate 6 x � 15.60 � | 12 ! - - ----�� E �ror:4f��injlxjalue for, Unit, Chain Link Fence Panel with Entrance Gate 6 x ` ! 15.60 i - issinj -�akieldr.Oni` Chain Link Fence Panel with Entrance Gate 6 x l5'6D24 20J]O -^_- _- - � cell Hj Bid #1-6 Crowd Control Fence Panel � | 11.44 Bicycle Rack Panel ` 11/44 Price An cei.Vil-lik� � ----- -- -- ---- -- — - - Bid #1-8 1-- Sandbags Per Each 4.00 ` n$ivBid wx� ! | a�nmwmou�no�snnu��m�v,ma�mn | � | } �io�l / Installation and Removal Services / 97 » #1-10#1-10� � After -Hours Labor Rate -� , ! / 89.96 � Removal Services | . .'.,Error;: Missing yalue1or Vnit ' | DeliveryFee'xmmc�nwo . � i 150l00 Please complete all areas even if not revising Portable Restrooms Error M+ssing uaiue for Unit Pr+ce' in cell Mei Bid #2-1 Comfort Station 1 1,000.00 ,.Error::Missing value for'Unit Pric0'in cell H22 Bid #2-2 Porta-Pottie Regular 1 63.44 - Not Bidding ' No Bid #2-3 Porta-Pottie with Diaper Changing Station 1 Error M+ss+rg value;for'U.nt Pr+ce' in cell H24 Bid #2-4 Porta-Pottie Handicap Accessible 1 - • 79.05 Error- M+ss+ng vaiue'fo+ Unit Pnce`in.cetl H25 Bid #2-5 Hand Washing Station 1 150.00 Error M+ssing value.#or'unt , er+ce' to cell H26 Bid #2-s 500 Gallon Water sank Filled 1 - 480.60 Error M+sing vaiup r , nit iB(d ' #2-7 500 Gallon Water Tank Empty 1 413.10 ( f Error Missing value'far'Unit. ' Bid #2-8 Generator (minimum 7,000 kw) 1 459.00 - Price' n cell H28 Not Bidding No Bid #2-9 Generator Power Distribution Box 1 Error M+ssing value for'Unit :Bid #2-10 Comfort Station Additional Cleaning Service 1 265,20 - Pr+ce'in cell Hao Error Missing value:for `Unit ; Bid #2-11 Porta -Pottle Additional Cleaning Service 1 15.81 - Pnce'in ceII,H31 f_ Error'Missing value..for'Unit Bid #2-12 Standard Business Hours Service Attendant 1 25-00 Prlce;, nA;- ll H32 Hourly Labor Rate Error Missing value'for'u�it Bid #2-13 After -Hours Service Attendant Hourly Labor 1 32.04 P,iice' Jn-cell H33 Rate Error M+ssirg vatue:fc5r'Uiiit Bid #2-14 Standard Business Hours Delivery and Set Up ( 1 265.20 Pricel in c4 tMI H34 Fee -All Inclusive Error M+sing valuefor Unit Bid #2-15 After -Hours Delivery Fee for Installation and 1 350.00 Rrlce;;n.cell H3 Removal Services Additional Services, Products or Costs/Fees 'Error Missingyatuofoc'Unit .: Bid #3-1 Other Vendor Fencing Options or Fees 1 Price' in coil fi38 Not Bidding No Bid ' #3-2 Other Vendor Fencing Options or Fees 1 Not Bidding No Bid #3-3 Other Vendor Fencing Options or Fees 1 Not Bidding No Bid: #3-4 Other Vendor Portable Restroom Options or 1 Fees Not Bidding No Bid ; #3-5 Other Vendor Portable Restroom Options or 1 Fees Not Bidding No Bid #3-6 Other Vendor Portable Restroom Options or 1 Fees Not Bidding No Bid #3-7 Other Vendor Fee 1 Not Bidding No Bid #3-8 Other Vendor Fee 1 icase of TP our units 75.0n - only come with 2 rolls, V :if more are required :additional fee will SOUTHL KE City of Southlake REQUEST FOR PROPOSALS Proposal Reference Number: RFP2003B540SB200001 Project Title: Provide Temporary Fencing and Portable Restrooms for City of Southlake Proposal Closing Date: 3:00 P.M.(CST), Thursday, April 9, 2020 TABLE OF CONTENTS Tableof Contents................................................................................................................................ Page 1 Request for Proposals (1) Introduction.............................................................................................................................. Page 2 (2) Definitions................................................................................................................................ Page 3 (3) General Information................................................................................................................. Page 3 (4) RFP Withdrawals and/or Amendments.................................................................................... Page 3 (5) Estimated Quantities................................................................................................................ Page 3 (6) Proposal Submittal Requirements............................................................................................ Page 3 (7) Proposal Evaluation and Contract Award................................................................................ Page 4 Appendix A — Scope of Services (1) Project Title ........................................................................................................................... Page 6 (2) Scope of Services Contact........................................................................................................ Page 6 (3) Special Conditions.................................................................................................................... Page 6 (4) Proposal Evaluation Factors..................................................................................................... Page 6 (5) Brand Manufacture Reference.................................................................................................. Page 6 (6) Key Events Schedule................................................................................................................ Page 6 (7) Scope of Services..................................................................................................................... Page 6 Appendix B — Proposal (-) Label Format for Submittal Packet's Sealed Envelope............................................................. Page 9 I Required Proposal Information (1) Proposed Product .............................................. ..................................................................... Page 10 (2) Cost of Proposed Product....................................................................................................... Page 10 (3) Term of Contract and Option to Extend................................................................................. Page 10 (4) Proposer's Experience / Staff................................................................................................. Page 11 (5) References.............................................................................................................................. Page 12 (6) Trade Secrets and/or Confidential Information...................................................................... Page 13 (7) Federal, State and/or Local Identification Information......................................................... Page 13 (8) Emergency Business Services Contact Notice....................................................................... Page 13 (9) Cooperative Governmental Purchasing Notice...................................................................... Page 14 II Contract Terms and Conditions (1) Delivery of Products and/or Services.................................................................................... Page 14 (2) Miscellaneous........................................................................................................................ Page 14 (3) Financial Responsibility Provisions...................................................................................... Page 15 AppendixC — Form CIQ................................................................................................................ Page 16 Appendix D — No Intent to Submit Form...................................................................................... Page 18 City of Southlake - RFP2003B540SB200001 - Page 1 of 18 complimentary service, the Proposer may submit Proposal Documents electronically by selecting the appropriate Proposal Identification. B. Submittal Deadline: The deadline for submittal of Proposals shall be as identified on page 9 (nine) of Appendix B -Proposal. It is the Proposer's responsibility to have the Proposal Documents correctly electronically submitted by the submittal deadline. No extensions shall be granted, and no late submissions shall be accepted. C. Proposals Received Late: Proposers are encouraged to submit their proposals as soon as possible. The time and date of receipt as recorded within the Bonfire electronic system shall be the official time of receipt. The City is not responsible for late submission regardless of the reason. Late Proposals shall not be considered under any circumstances. D. Alterations or Withdrawals of Proposal Document: Any submitted Proposal may be withdrawn or a revised proposal substituted prior to the submittal deadline. Proposal Documents cannot be altered, amended or withdrawn by the Proposer after the submittal deadline, unless such alteration, amendment or withdrawal notice is approved in writing by the Purchasing Manager. E. Proposal Document Format: All Proposal Documents must be prepared in single-space type, on standard 8-1/2" x 11" vertically oriented pages, numbered at the bottom. The City only accepts electronic submissions via https://southlake.bonfirehub.com/login. Any other format (via telephone, fax, email, etc.) may be rejected by the City at its discretion. F. Validity Period: Once the submittal deadline has passed, any Proposal Document shall constitute an irrevocable bid to provide the commodities and/or services set forth in the Scope of Services at the price(s) shown in the Proposal Document. Such proposal shall be irrevocable until the earlier of the expiration of ninety (90) days from the submittal deadline, or until a contract has been awarded by the City. 7. Proposal Evaluation and Contract Award A. Proposal Evaluation and Contract Award Process: An award of a contract to provide the goods or services specified herein will be made using competitive sealed proposals, in accordance with Chapter 252 of the Texas Local Government Code and with the City's purchasing policy. The City will evaluate all proposals to determine which proposers are reasonably qualified for the award of the contract, applying the anticipated evaluation factors and emphasis to be placed on each factor as identified in the Scope of Services. The City may, at its option, conduct :discussions with or accept proposal revisions from ariy reasonably qualified proposer: The City reserves the right to determine which proposal will be most advantageous to the City. B. Completeness: If the Proposal is incomplete or otherwise fails to conform to the requirements of the RFP, City alone will determine whether the variance is so significant as to render the Proposal non- responsive, or whether the variance may be cured by the Proposer or waived by the City, such that the Proposal may be considered for award. C. Ambiguity: Any ambiguity in the Proposal as a result of omission, error, lack of clarity or non- compliance by the Proposer with specifications, instructions and all conditions shall be construed in the favor of the City. In the event of a conflict between these standard RFP requirements and details provided in Appendix A — Scope of Services or Appendix B — Proposal, the Appendices shall prevail. D. Unit Prices and Extensions: If unit prices and their extensions do not coincide, the City may accept the price most beneficial to the City, and the Proposer will be bound thereby. City of Southlake - RFP2003B540SB200001 - Page 4 of 18 1. 2. 3. EI 5. 91 7. Appendix A — Scope of Services Project Title: Provide Temporary Fencing and Portable Restrooms for City of Southlake Scope of Services Contact Questions about the technical nature of the Scope of Services, etc. may be directed to TIM SLIFKA, Phone. 817.748.8312, e-mail: tslifka@ci.southlake.tx.us. Special Conditions The following special conditions shall prevail over areas of conflict in previous pages: NONE Proposal Evaluation Factors Emphasis Factor 35% Vendor Experience Providing Required Services 35% Vendor Ability to Provide Required Services 25% Vendor Overall Price for Services 5% Vendor Past Experience with Cit Brand Manufacture Reference The City has determined that any manufacturer's brand defined in the Scope of Services meets the City's product and support need. The manufacturer's reference is not intended to be restrictive and is only descriptive of the type and quality the City desires to purchase. Quotes for similar manufactured products of like quality will be considered if the Proposal is fully noted with the manufacturer's brand name and model. The City reserves the right to determine products and support of equal value, and whether other brands or models meet the City's product and support needs. Key Events Schedule Proposal Release Date Deadline for Submittal of Written Questions Sealed Proposals Due to and Opened by City Anticipated Committee Evaluation Review Date Anticipated Award Date Scope of Services March 11, 2020 March 25, 2020 Shown on First Page of this RFP April 2020 April 2020 The City of Southlake is seeking vendor(s) to provide temporary fencing and portable restrooms for City events and as requested. Location, dates and times shall be provided at time of reserving services with awarded vendor. Temporary Fencing Temporary fencing shall include, but not be limited to, daily rate for chain link fence free standing panels, bicycle racks, installation and removal services including all required accessories per the following minimum requirements: City of Southlake - RFP2003B540SB200001 - Page 6 of 18 All fencing shall be in very good or better condition. New or like -new condition is preferred. Panels with bent frames or broken fencing shall not be used for City events. Fence panels should be uniform in color and be free of debris. Chain-link free-standing panels six foot by twelve foot (6x12) are preferred. Other sizes may be considered. A typical event will require 3000 linear feet of fencing. This is only an estimate and actual amount required shall vary. Chain link fence panel 6x 12 or 6x 16 with built in lockable (pad lock) pedestrian gate. Bike Racks — The City estimates 350 linear feet of bike racks will be required per event. This is only an estimate and actual amount required shall vary. Sandbags as required for proper anchoring of fencing. Fencing may be installed on concrete, asphalt, grass etc... Locations shall vary. Provide after -hour installation and tear down services. After -hour shall be defined as after 5:00pm and prior to 7:00am, Monday through Friday and all hours on Saturday, Sunday and Holidays. Fencing installation services shall normally take place during these after -hour times and tear down and removal will normally commence at end of event. City reserves the right to request fencing is installed and removed per City direction. Not all events shall require after -hour services; however, the ability of the vendor to provide these services is mandatory. Portable Restrooms Portable Restroom services shall include, but not be limited to, daily rate for comfort stations, porta- potties — regular and handicap accessible, with and without diaper changing station, hand washing stations, water tanks, delivery, installation, removal of all waste and cleaning services per the following minimum requirements: Comfort Station with minimum five (5) stall and two (2) sink for women's and two (2) urinals, two (2) stalls and two (2) sinks for men, air conditioned. Comfort Station shall include at least one (1) diaper changing station. Restrooms shall be delivered clean and ready for use. Extra paper goods shall be supplied by vendor. City Staff shall monitor refills unless Service Attendant is requested by City. Generator with required capacity (minimum 7000 kw) to power comfort station. A generator power distribution box may be required/requested. Five hundred (500) gallon water tank. The City may or may not be able to provide water for tank. Vendor must be able to provide water for tank if required by City. Hand washing station with towelette/foam dispenser. Additional supplies shall be provided by vendor. City staff shall monitor refills unless Service Attendant is requested by City. Porta -potty regular and handicap accessible, with and without diaper changing station. Restrooms shall be delivered clean and ready for use. Additional/extra paper goods, liquid soap, and hand sanitizer shall be supplied by vendor. City Staff shall monitor refills unless a Service Attendant is requested by City. Service Attendant, if requested, shall ensure Comfort Station and Porta -potties are kept in a clean, sanitary, and properly functioning condition. All paper, liquid soap, and hand sanitizer products shall be maintained and replaced as necessary by Service Attendant. Delivery and Installation Servicing/Cleaning - Restrooms shall be delivered clean and ready for use. Extra paper goods shall be supplied by vendor. City Staff shall monitor refills unless a Service Attendant is being provided by vendor. During multiple day events, vendor may be requested to provide restroom cleaning services. This additional requested cleaning service shall be listed as a separate fee. City of Southlake - RFP2003B540SB200001 - Page 7 of 18 Portable restrooms may be installed on concrete, asphalt, grass etc... Locations shall vary. Provide After -Hour Installation and Removal Services. After -hour shall be defined as after 5:00 pm and prior to 7:00 am, Monday through Friday and all hours on Saturday, Sunday and all Holidays. Delivery services shall normally take place during these after - hour times and removal shall normally commence at end of event. City reserves the right to request restrooms installed and removed per City direction. Not all events shall require after -hour services; however, the ability of the vendor to provide these services is mandatory. Service Attendant Vendor shall provide, as requested by City, a Service Attendant per the following specifications: Set -vice Attendant shall remain on-site during entire event unless released early from event by authorized City point of contact. Service Attendant shall ensure the Comfort Station and Porta -Potties are kept in a clean, sanitary and properly functioning condition. Any additional services required to ensure the Comfort Station and Porta -Potties function properly for the entire event shall be the responsibility of the vendor. This includes, but is not limited to, correct operation of vendor provided additional equipment, such as generator, water pump, etc... All paper products, liquid soap, and hand sanitizer products shall be maintained and replaced as necessary by Service Attendant. The additional paper, liquid soap, and hand sanitizer products are to be included in the Service Attendant hourly rate. City of Southlake - RFP2003B540SB200001 - Page 8 of 18 City of Southlake In! Proposal Reference Number: RFP2003B540SB200001 Project Title: Provide Temporary Fencing and Portable Restrooms for City of Southlake Proposal Closing Date: 3:00 P.M.(CST), Thursday, April 9, 2020 TABLE OF CONTENTS Tableof Contents............................................................................................................................. Page 1 Request for Proposals (1) Introduction ....................................... ....................................................................................... Page 2 (2) Definitions................................................................................................................................ Page 3 (3) General Information................................................................................................................. Page 3 (4) RFP Withdrawals and/or Amendments.................................................................................... Page 3 (5) Estimated Quantities.................................................................... . ........................................... Page 3 (6) Proposal Submittal Requirements............................................................................................ Page 3 (7) Proposal Evaluation and Contract Award................................................................................ Page 4 Appendix A — Scope of Services (1) Project Title.............................................................................................................................. Page 6 (2) Scope of Services Contact........................................................................................................Pa e g 6 (3) Special Conditions .................................................................................................................... Page 6 (4) Proposal Evaluation Factors..................................................................................................... Page 6 (5) Brand Manufacture Reference.................................................................................................. Page 6 (6) Key Events Schedule................................................................................................................b 6 Pa6e (7) Scope of Services..................................................................................................................... Page 6 Appendix B — Proposal (-) Label Format for Submittal Packet's Sealed Envelope............................................................. P 9 Page I Required Proposal Information (1) Proposed Product................................................................................................................... Page 10 (2) Cost of Proposed Product....................................................................................................... Page 10 (3) Tenn of Contract and Option to Extend.................................................................................Pa ge 10 (4) Proposer's Experience / Staff................................................................................................. Page 11 (5) References.............................................................................................................................. Page 12 (6) Trade Secrets and/or Confidential Information...................................................................... Page 13 (7) Federal, State and/or Local Identification Information......................................................... Page 13 (8) Emergency Business Services Contact Notice........................................... ............................ Page 13 (9) Cooperative Governmental Purchasing Notice...................................................................... Page 14 II Contract Terms and Conditions (1) Delivery of Products and/or Services.................................................................................... Page 14 (2) Miscellaneous........................................................................................................................ Page 14 (3) Financial Responsibility Provisions...................................................................................... Page 15 AppendixC — Form CIQ................................................................................................................ Page 16 Appendix D — No Intent to Submit Form...................................................................................... Page 18 City of Southiake - RFP2003B540SB200001 - Page 1 of 18 Southlake, Texas Request for Proposals 1. Introduction A. Project Overview: The City of Southlake is requesting Proposals with the intent of awarding a contract for the purchase of goods and services contained in Appendix A — Scope of Services. B.Questions: Following are contacts for questions as identified. i. RFP Clarifications: All questions related to requirements or processes of this RFP should be submitted in writing to the Purchasing Manager identified in section 2 below. ii. Scope of Service Questions: All questions related to the scope of services should be submitted in writing to the contact person(s) noted in Appendix A — Scope of Services. iii. Replies: Responses to inquiries which directly affect an interpretation or effect a change to this RFP shall be issued in writing by addendum posted to City website. All such addenda issued by City prior to the submittal deadline shall be considered part of the RFP. The City shall not be bound by any reply to an inquiry unless such reply is made by such formal written addendum. iv. Acknowledgement of Addenda: The Proposer must acknowledge all addenda by signing and returning such document(s) or by initialing appropriate area of the Proposal. C. Notification of Errors or Omissions: Proposers shall promptly notify the City of any omissions, ambiguity, inconsistency or error that they may discover upon examination of this RFP. The City shall not be responsible or liable for any errors and/or misrepresentation that result from the solicitations which are inadvertently incomplete, ambiguous, inconsistent or obviously erroneous. D. Conflict of Interest Questionnaire (Form CIQ): A person or business, and their agents, who seek to contract or enter into an agreement with the City, are required by Texas Local Government Code, Chapter 176, to file a conflict of interest questionnaire (FORM CIQ) which is found in Appendix C. The form must be filed with the City Secretary no later than seven (7) days after the date the person or business begins contract discussions or negotiations with the City, or submits an application, response to a request for proposals or bids, correspondence, or other writing related to any potential agreement with the City. E. Form 1295 Certificate of Interested Parties: In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code. The law states that a governmental entity or state agency may not enter- into certain contracts with a business entity unless the business entity submits a disclosure of interested parties to the.governmental entity or state agency at the time the business entity submits the signed contract to the governmental entity or state agency. The law applies only to a contract of a governmental entity or state agency that either (1) requires an action or vote by the governing body of the entity or agency before the contract may be signed or (2) has a value of at least $ l million. The disclosure requirement applies to a contract entered into on or after January 1, 2016. Pleasego to the Texas Ethics Commission webpage (www.ethics.state. tx.us) for - full instructions and to complete the required steps for creation of Form 1295. Once the form is completed online, printed and signed please return the form with your proposal submission. City of Southlake - RFP2003B540SB200001 - Page 2 of 18 2. Definitions Proposal: The signed and executed submittal of the entirety of Appendix B — Proposal. Proposer: The Proposer and the Proposer's designated contact signing the first page of the Proposal. City of Southlake ("City): The City of Southlake, Texas. City Secretary's Office: The office of the City Secretary of the City, located at 1400 Main Street, Suite #270, Southlake, Texas 76092. PH: (817) 748-8016; Fax: (817) 748-8270. Project: The name of this Request for Proposals as identified on the cover sheet and first page of Appendix A — Scope of Set -vices. Purchasing iVianaer: The City of Southlake Purchasing Manager is Timothy Slifka CPPD, CPPB, Phone: (817) 748-8312, E -Mail: tslifl<a(ci;ci.southlake.LX. LIS. Request for Proposals ,RFPs: The entirety of this document, including all Appendices and Addenda. Scope of Services: The entirety of Appendix A — Scope of Services. 3. General Information A. Tax Exempt Status: City purchases are exempt from State Sales Tax and Federal Excise Tax. Do not include tax in the Proposal. City will furnish Excise Tax Exemption Certificate upon request. B. Public Inspection of Proposals: The City strictly adheres to the Texas Public Information Act (Texas Government Code Chapter 552.001, et seq.) and all other governing statutes, regulations, and laws regarding the disclosure of RFP information. Proposals are not available for public inspection until after the contract award. If the Proposer has notified the City, in writing, that the Proposal contains trade secrets or confidential infortnation, the City will generally take reasonable steps to prevent disclosure of such information, in accordance with the Public Information Act. This is a statement of general policy only, and in no event shall the City be liable for disclosure of such information by the City in response to a request, regardless of the City's failure to take any such reasonable steps, even if the City is negligent in failing to do so. 4. RFP Withdrawals and/or Amendments A. RFP Withdrawal: The City reserves the right to withdraw this RFP for any reason. B. RFP Amendments: The City reserves the right to amend any aspect of this RFP by formal written Addendum prior to the Proposal submittal deadline and will endeavor to notify all potential Proposers that have registered with the City, but failure to notify shall impose no obligation or liability on the City. 5. Estimated Quantities The City does not guarantee to purchase any minimum or maximum quantity but does contemplate purchasing exclusively during the terrn of the contract from the successful vendor. 6. Proposal Submittal Requirements A. Submittal Packet — Required Content: All proposals must be submitted electronically. The Proposer must visit https://southlake.bonfirel-tub.com/login and register. Once registered for this City of Southlake - RFP2003B540SB200001 - Page 3 of 18 complimentary service, the Proposer may submit Proposal Documents electronically by selecting the appropriate Proposal Identification. B. Submittal Deadline: The deadline for submittal of Proposals shall be as identified on page 9 (nine) of Appendix B -Proposal. It is the Proposer's responsibility to have the Proposal Documents correctly electronically submitted by the submittal deadline. No extensions shall be granted, and no late submissions shall be accepted. C. Proposals Received Late: Proposers are encouraged to submit their proposals as soon as possible. The time and date of receipt as recorded within the Bonfire electronic system shall be the official time of receipt. The City is not responsible for late submission regardless of the reason. Late Proposals shall not be considered under any circumstances. D. Alterations or Withdrawals of Proposal Document: Any submitted Proposal may be withdrawn or a revised proposal substituted prior to the submittal deadline. Proposal Documents cannot be altered, amended or withdrawn by the Proposer after the submittal deadline, unless such alteration, amendment or withdrawal notice is approved in writing by the Purchasing Manager. E. Proposal Doctunent Format: All Proposal Documents must be prepared in single-space type, on standard 8-1/2" x l l" vertically oriented pages, numbered at the bottom. The City only accepts electronic submissions via https:Hsouthlake.bonfirehub.com/login. Any other format (via telephone, fax, email, etc.) may be rejected by the City at its discretion. F. Validity Period: Once the submittal deadline has passed, any Proposal Document shall constitute an irrevocable bid to provide the commodities and/or services set forth in the Scope of Services at the price(s) shown in the Proposal Document. Such proposal shall be irrevocable until the earlier of the expiration of ninety (90) days from the submittal deadline, or until a contract has been awarded by the City. 7. Proposal Evaluation and Contract Award A. Proposal Evaluation and Contract Award Process: An award of a contract to provide the goods or services specified herein will be made using competitive sealed proposals, in accordance with Chapter 252 of the Texas Local Government Code and with the City's purchasing policy. The City will evaluate all proposals to determine which proposers are reasonably qualified for the award of the contract, applying the anticipated evaluation factors and emphasis to be placed on each factor as identified in the Scope of Services. The City may, at its option, conduct discussions with or accept proposal revisions from any reasonably qualified proposer. The City reserves the right to detennine which proposal will be most advantageous to the City. B. Completeness: If the Proposal is incomplete or otherwise fails to conform to the requirements of the RFP, City alone will determine whether the variance is so significant as to render the Proposal non- responsive, or whether the variance may be cured by the Proposer or waived by the City, such that the Proposal may be considered for award. C. Ambiguity: Any ambiguity in the Proposal as a result of omission, error, lack of clarity or non- compliance by the Proposer with specifications, instructions and all conditions shall be construed in the favor of the City. In the event of a conflict between these standard RFP requirements and details provided in Appendix A — Scope of Services or Appendix B — Proposal, the Appendices shall prevail. D. Unit Prices and Extensions: If unit prices and their extensions do not coincide, the City may accept the price most beneficial to the City, and the Proposer will be bound thereby. City of Southlalee - Rt~ P2003B540SB20000l - Page 4 of 18 E. Additional information: City may request any other information necessary to determine Proposer's ability to meet the minimum standards required by this RFP. F. Partial Contract Award: City reserves the right to award one contract for some or all the requirements proposed or award multiple contracts for various portions of the requirements to different Proposers based on the unit prices proposed in response to this request, or to reject any and all Proposals and re -solicit for Proposals, as deemed to be in the best interest of City. G. Terminate for Cause: The occurrence of any one or more of the following events will justify termination of the contract by the City of Southlake for cause: i) The successful proposer fails to perform in accordance with the provisions of these specifications; or ii) The successful proposer- violates any of the provisions of these specifications; or iii) The successful proposer disregards laws or regulations of any public body having jurisdiction; or iv) The successful proposer transfers, assigns, or conveys any or all of its obligations or duties under the contract to another without written consent of the City. v) If one or more of the events identified in Subparagraphs G i) through iv) occurs, the City of Southlake may, terminate the contract by giving the successful proposer seven (7) days written notice. In such case, the successful proposer shall only be entitled to receive payment for goods and services provided before the effective date of termination. The successful proposer shall not receive any payment on account of loss of anticipated profits or revenue or other economic loss resulting from such termination. vi) When the contract has been so terminated by the City of Southlake, such termination shall not affect any rights or remedies of the City then existing or which may thereafter accrue. H. Terminate for Convenience: This contract may be cancelled or terminated at any time by giving vendor thirty (30) days written notice. Vendor may be entitled to payment for services actually performed; to the extent said services are satisfactory. City of Southlake - RFP2003B540SB200001 - Page 5 of 18 93 4 5 I 7 Appendix A — Scope of Services Project Title: Provide Temporary Fencing and Portable Restrooms for City of Southlake Scope of Services Contact Questions about the technical nature of the Scope of Services, etc, may be directed to 'SIM SLIFKA, Phone. 817.748.83 12, e-mail: tslifka�ci.southlake.tx.us. Special Conditions The following special conditions shall prevail over areas of conflict in previous pages: NONE Proposal Evaluation Factors Emphasis Factor 35% Vendor Experience Providing Required Services 35% Vendor Ability to Provide Required Services 25% Vendor Overall Price for Services 5% Vendor Past Experience with City Brand Manufacture Reference The City has determined that any manufacturer's brand defined in the Scope of Services meets the City's product and support need. The manufacturer's reference is not intended to be restrictive and is only descriptive of the type and quality the City desires to purchase. Quotes for similar manufactured products of like quality will be considered if the Proposal is fully noted with the manufacturer's brand name and model. The City reserves the right to determine products and support of equal value, and whether other brands or models meet the City's product and support needs. Key Events Schedule Proposal Release Date Deadline for Submittal of Written Questions Sealed Proposals Due to and Opened by City Anticipated Committee Evaluation Review Date Anticipated Award Date Scope of Services March 11, 2020 March 25, 2020 Shown on First Page of this RFP April 2020 April 2020 The City of Southlake is seeking vendor(s) to provide temporary fencing and portable restrooms for City events and as requested. Location, dates and times shall be provided at time of reserving services with awarded vendor. Temporary Fencing Temporary fencing shall include, but not be limited to, daily rate for chain link fence free standing panels, bicycle racks, installation and removal services including all required accessories per the following minimum requirements: City of Southlake - 12;i+P2003B540SB200001 - Page 6 of 18 All fencing shall be in very good or better condition. New or like -new condition is preferred. Panels with bent frames or broken fencing shall not be used for City events. Fencepanels should be uniform in color and be free of debris. Chain-link free-standing panels six foot by twelve foot (6x 12) are preferred. Other sizes may be considered. A typical event will require 3000 linear feet of fencing. This is only an estimate and actual amount required shall vary. Chain link fence panel 6x12 or 6x16 with built in lockable (pad lock) pedestrian gate. Bike Racks — The City estimates 350 linear feet of bike racks will be required per event. This is only an estimate and actual amount required shall vary. Sandbags as required for proper anchoring of fencing. Fencing may be installed on concrete, asphalt, (grass etc... Locations shall vary. Provide after -hour installation and tear down services. After -hour shall. be defined as after 5:00pm and prior to 7:00am, Monday through Friday and all hours on Saturday, Sunday and Holidays. Fencing installation services shall normally take place during these atter-hour times and tear down and removal will normally commence at end of event. City reserves the right to request fencing is installed and removed per City direction. Not all events shall require atter-hour services, however, the ability of the vendor to provide these services is mandatory. Portable Restrooms Portable Restroom services shall include, but not be limited to, daily rate for comfort stations, porta- potties — regular and handicap accessible, with and without diaper changing station, hand washing stations, water tanks, delivery, installation, removal of all waste and cleaning services per the following minimum requirements: Comfort Station with minimum five (5) stall and two (2) sink for women's and two (2) urinals, two (2) stalls and two (2) sinks for men, air conditioned. Comfort Station shall include at least one (1) diaper changing station. Restrooms shall be delivered clean and ready for use. Extra paper goods shall be supplied by vendor. City Staff shall monitor refills unless Service Attendant is requested by City. Generator with required capacity (minimum 7000 kw) to power comfort station. A generator power distribution box may be required/requested. Five hundred (500) gallon water tank. The City may or may not be able to provide water for tank. Vendor must be able to provide water for tank if required by City. Hand washing station with towelette/foam dispenser. Additional supplies shall be provided by vendor. City staff shall monitor refills unless Service Attendant is requested by City. Porta -potty regular and handicap accessible, with and without diaper changing station. Restrooms shall be delivered clean and ready for use. Additional/extra paper goods, liquid soap, and hand sanitizer shall be supplied by vendor. City Staff shall monitor refills unless a Service Attendant is requested by City. Service Attendant, if requested, shall ensure Comfort Station and Porta -potties are kept in a clean, sanitary, and properly functioning condition. All paper, liquid soap, and hand sanitizer products shall be maintained and replaced as necessary by Service Attendant. Delivery and Installation Servicing/Cleaning - Restrooms shall be delivered clean and ready for use. Extra paper goods shall be supplied by vendor. City Staff shall monitor refills unless a Service Attendant is being provided by vendor. During multiple day events, vendor may be requested to provide restroom cleaning services. This additional requested cleaning service shall be listed as a separate fee. City of Southlake - RFP2003B540SB200001 - Page 7 of 18 Portable restrooms may be installed on concrete, asphalt, grass etc... Locations shall vary. Provide After -lour Installation and Removal Services. After -hour shall be defined as after 5:00 pm and prior to 7:00 am, Monday through Friday and all hours on Saturday, Sunday and all Holidays. Delivery services shall normally take place during these after - hour times and removal shall normally commence at end of event. City reserves the right to request restrooms installed and removed per City direction. Not all events shall require after -hour services; however, the ability of the vendor to provide these services is mandatory. Service Attendant Vendor shall provide, as requested by City, a Service Attendant per the following specifications: Service Attendant shall remain on-site during entire event unless released early from event by authorized City point of contact. Service Attendant shall ensure the Comfort Station and Porta -Potties are kept in a clean., sanitary and properly functioning condition. Any additional services required to ensure the Comfort Station and Porta -Potties function properly for the entire event shall be the responsibility of the vendor. This includes, but is not limited to, correct operation of vendor provided additional equipment, such as generator, water pump, etc... All paper products, liquid soap, and hand sanitizer products shall be maintained and replaced as necessary by Service Attendant. The additional paper, liquid soap, and hand sanitizer products are to be included in the Service Attendant hourly rate. Cit}, of Southlake - RFP2003B540SB200001 - Page 8 of 18 Appendix B — Proposal Submittal Checklist: (To determine validity of proposal) X Appendix B (pages _9_ through _17J must be included in the proposal submittal X Appendix C Conflict of Interest Form (page _17J must be included in the proposal submittal. X Form 1295 Certificate of Interested Party must be included in the proposal submittal. See page 2 Item E. X IIB 89 and SB 252 See Page _15_. • asa aaaa •0 a a a aaY i a• g.E. a -9s •a aaa RFP Dumber: RFP2003B540SB200001 Provide Temporary Fencing and Portable Restr00 s PrO'ect Title: for Ci 0f Southlake Submittal Deadline: 3:00 P.M. (CST), Thursday April 9, 2020 Submit Electronically* t®. https:Hsouthiake.bonfirehub.com/login Requires email account login andpassword. Proposer Information: Proposer's Legal Name: United Site Services of Texas, Inc Address: 2617 Willowbrook Road City State c& Zip Dallas, TX 75220 Federal Employers Identification Number # 75 2593850 Phone Number. 14-412-89542 faNmUer: n/a E -Mail Address: christopher.ward@unitedsitese-rvices.com Proposer Authorization I, the undersigned, have the authority to execute this Proposal in its entirety as submitted and enter into a contract on behalf of the Proposer. Jeff Dunlop - Mice President Printed Name and Position of Authorized Representative: Jeff G G. D .� � , Digitally signedy Jeff G. Dunlop Date: 2020.04.08 16:12:22 -04'00' Signature of Authorized Representative: Signed this 8th (day) of April .(month), 2020 (year) I learned of this Request for Proposals by the following means: F7 � Newspaper Advertisement L J City E-mail Notification D Southlake Website IF Cold Call to City Mailed Me a Copy Other u Bonfire City of Southlake - RFP20031B540SB200001 - Page 9 of 18 Appendix B — Proposal (continued) 1. 1. 2. 3. REQUIRED PROPOSAL! INFORMATION IN ORDER FOR A PROPOSAL TO BE CONSIDERED C®ll11PLETE, AND TO RE E VA STA TED FOR A CONTRA CT A WARD B Y THE CITY, PROPOSER MDIST SUBMIT ALL OF THE FOLLOWING INFORMATION. Proposed Products and/or Services A. Product or Service Description: Proposers should utilize this section to describe the technical aspects, capabilities, features and options of the product and/or service proposed in accordance with the required Scope of Services as identified in Appendix A. Promotional literature, brochures, or other technical information may be used. B. Additional Hardware Descriptions: Proposers should also include in this section a detailed description of what additional hardware and/or software, if any, would be required by the City in order to fully utilize the goods and/or services proposed. C. Guarantees and Warranties: Each Proposer shall submit a complete copy of any warranties or guarantees provided by the manufacttu er or Proposer with the Proposal submitted. D. Project Schedule/Delivery Date: Proposer must provide a project schedule noting all projected completion dates for segments of the Project, from start-up to completion, and all delivery dates for goods covered by the RFP. The Proposal must show the number of days required to deliver and install the product or equipment after the receipt of the City's Purchase Order. Cost of Proposed Products and/or Services A. Pricing: Pricing shall reflect the full Scope of Services defined herein, inclusive of all associated cost for delivery, labor, insurance, taxes, overhead, and profit. B. Schedule of Pricing: Proposer shall quote unit pricing in accordance with the itemized listing of products or contract segments stated in the Scope of Services and using the following format: For this procurement the schedule of pricing is not available in hardcopy. You may access it via the online portal(www.southlalte.botihrGhub.com). To submit your schedule of pricing, please download the Bid Table and fill it in accordingly, per the sample below. For instructions on how to complete Bid Tables, please refer to this article on Bonfire's Support Website. Please note: even if you do not have additional responses, you must download and re - upload the blank document. This is to confin-n that you do not require any additional costs. If you have any additional items, please fill out the Additional Responses template accordingly. Term of Contract and Option to Extend Any contract resulting from this RFP shall be effective for twelve months from date of award. The City anticipates that contract shall be renewed pursuant to the availability of funds and at the discretion of the City. The following clauses shall be included in the contract: City of Southlake - RFP2003B540SB200001 - Page 10 of 18 4. A. Option Clause: It is agreed that City shall have the option to extend the contract for up to four (4) additional years, in one-year intervals. To exercise this option, the City shall serve notice 30 days prior to contract termination or to the end of any one-year extension. The Option to Extend shall not be considered if funding is unavailable or if the contractor's past performance is not within the industry standard. B. Escalation Clause: Should market conditions prevail which dictate an increase, the successful contractor may submit documentation requesting permission to increase pricing no later than 30 days after receiving notice from the City of its intent to extend the agreement. Escalation may only occur at the time of renewal and only upon securing the approval of the City in writing. Requests for price adjustments must be solely for the purpose of accomlmodatine, an increase in the contractor's cost, not profits. Vendors shall show in this quote their anticipated percent of escalation if/when the option to extend is exercised. The percent quoted shall be a maximum. In addition, the percentage proposed shall be a factor in determining the best value to the City. It is the average price over the period of the contract that shall be the price factor considered in the evaluation of this quote. Quotes in which negative or no escalation is shown shall be considered as 0% escalation. C. Price Increases Upon Extension: If approved by the City, the Contractor shall modify the rates charged by the Contractor to reflect any changes shown in the comparative statement delivered to the City. The maximum increase allowed under this provision shall be four percent (4%) per year. The City shall have authority, in its reasonable discretion, to determine the validity of any change in Contractor's rates. City cannot exercise the Option to Extend with any price increases unless the Vendor completes the section of the Quote requesting anticipated percentage of annual escalation. First Additional Year Escalation Percentage 2 o Second Additional Year Escalation Percentage ............................................ 2 % Third Additional Year Escalation Percentage ............................................ 2 % Fourth Additional Year Escalation Percentage ............................................ 2 % Proposer's Experience / Staff A. Project Team: Identify all members of the Proposer's team (including both team members and management) who will be providing any services proposed and include information which details their experience. B. Removal or Replacement of Staff: If an assigned staff person must be removed or replaced for any reason, the replacement person must be approved by City prior to joining the project. C. Business Establishment: State the number of years the Proposer's business has been established and operating. If Proposer's business has changed names or if the principals operating the business operate any similar businesses under different names, or have operated any other businesses or changed the legal status or form of the business within the last five (5) years, all names, of predecessor business names, affiliated entities, and previous business entities operated by the principals, if different than present, must be provided; State the number- of years' experience the business has: 25 years ; and the number of employees: 2,700+ in the whole company nation wide D. Project Related Experience: All Proposals must include detailed information that details the Proposer's experience and expertise in providing the requested services that demonstrates the Proposer's ability to logically plan and complete the requested project. City of Soathlake - RFP2003B540SB200001 - Page 1 1 of 18 References Proposer shall provide four (4) references where Proposer has performed similar to or the same types of services as described herein. Reference #1: Client / Company Name: City of Southlake Contact Name: Sarah Binion Contact Title: Special Events Coordinator Phone: 817-748-8919 Email: sbinion@ci.southlake.tx.us Date and Scope of Work Provided: provided portable restrooms and trailers rentals and service and temporary fencing for the Home for the Holidays and Stars and Stripes event. Reference #2: Client / Company Name: The City of Waxahachie Contact Name: ,john Smith Contact Title: Director of Parks and Recreatio Phone: 469-309-4271 Email: jsmith@waxahachie.com Date and Scope of Work Provided: Provided reporters fest restroom trailers, units, and water tanks. Reference #3: Client / Company Name: The City of Dallas Contact Name: LaRhonda Bacon Contact Title: Office of Community Care Phone: 214-670-8419 Email: tarhonda-bacon@dallascityhall.com Date and Scope of Work Provided: Provided MLK Parade fencing, barricades, and units. Reference #4: Client / Company Name: City of Grapevine Contact Name: Barry Feldnei• Contact Title: Festival and Events Manager Phone: 817-410-3126 Email: BFeldner@GrapevineTexasUSA.com Date and Scope of Work Provided: Provided main street festival units, fencing, and barricades City of Southlake - RFP2003B540SB200001 - Page 12 of 18 W 7. Rj Trade Secrets and/or Confidential Information Trade Secrets and/or Confidential Information: This proposal (does) X (does not) contain trade secrets and/or confidential information. If applicable, describe such trade secrets and confidential information, and the basis for your assertion that such material qualifies for legal protection from disclosure. Federal, State and/or Local Identification Information A. Centralized Master Bidders List registration number: NO1`- N/A B. Prime contractor HUB / MWBE registration number: v/`�� C. An individual Proposer acting as a sole proprietor must also enter the Proposer's Social Security Number: # - FL'.1 N -0N t.., x( Emergency Business Services Contact ]®Notice During a natural disaster, or homeland security event, there may be a need for the City of Southlake to access your business for products or services after normal business hours and/or holidays. The City_ may request City employee pick up or vendor delivery of product or services. For this purpose, a primary and secondary emergency contact name and phone number are required. It is critical the vendor's emergency contact information remains current. City shall be contacted by E- mail with any change to a contact name or phone nurnber of these emergency contacts. Updates may be emailed to vendors(L.,ct.southlake. tx.us. All products or services requested during an emergency event are to be supplied as per the established contract prices, terms and conditions. The vendor shall provide the fee (pricing) for an after-hours emergency opening of the business, if any. In general, orders will be placed using a City of Southlake procurement card (Master Card) or City issued Purchase Order. The billing is to include the emergency opening fee, if applicable. The contractor shall provide the names, phone numbers and fee (pricing), if any, for an after-hours emergency opening of the business listed below. Business Name: United Site Services of 'Texas, Inc Contract #: n/a Description: n/a Primary Contact (Name): Blake Worden Primary Contact Phone Numbers: Home: n/a Secondary Contact (Name): Christopher Ward Secondary Contact Phone Numbers: Home: n/a After Hours emergency opening tee, if applicable: $ 500.00 Cell: 214-629-2168 Cell: 214-4.12-8954 City of Southlake - ;}2F P2003B540SB200001 - Page 13 of 18 9. Cooperative Governmental Purchasing Notice Other governmental entities maintaining interlocal agreements with the City, may desire, but are not obligated, to purchase goods and services defined in this RFP from the successful Bidder. All purchases by governmental entities, other than the City, will be billed directly to and paid by that governmental entity. The City will not be responsible for another governmental entity's debts. Each governmental entity will place their own orders with the successful Bidder and be responsible for ensuring full compliance with the RFP specifications. Prior to other governmental entities placing orders, the City will notify the successful Bidder of their intent. Please indicate below if you will permit other- governmental entities to purchase from your agreement with the City. [ ] Yes, Others can purchase [ x I No, Only the City can purchase Il. CONTRACT TERMS AND CONDITIONS. EXCEPT WHERE PROPOSER IVIAKES SPECIFIC EXCEPTION IN THE SUBMITTED PROPOSAL, ANY CONTIZ,1C'T RESULTING FROIVI THIS RFP WILL CONTAIN THE FOLLOWING TE&VS AND CONDITIONS, WHICH PROPOSER HEREBY ACKNOWLEDGES, AND TO WHICH PROPOSER AGREES BY SUBAHTTIN(' A PROPOSAL: 1. Delivery of Products and/or Services A. Payment Terms: Unless otherwise specified in the Scope of Services or otherwise agreed to in writing by the City, payment terms for the City are Net 30 days upon receipt of invoice. B. Warranty of Products and Services: All products furnished under this contract shall be warranted to be merchantable and good quality and fit for the purposes intended as described in this Proposal, to the satisfaction of City and in accordance with the specifications, terms, and conditions of the Scope of Services, and all services performed shall be warranted to be of a good and workmanlike quality, in addition to, and not in lieu of, any other express written warranties provided. C. Late Delivery or Performance: If Proposer fails to deliver acceptable goods or services within the timeframes established in the Project Schedule, the City shall be authorized to purchase the goods or services from another source and assess any increase in costs to the defaulting Proposer, who agrees to pay such costs within ten days of invoice. D. Title to Goods and Risk of Loss: For goods to be provided by Proposers hereunder, if any, the title and risk of loss of the goods shall not pass to City until City actually receives, takes possession, and accepts the goods and the installation of such goods, has tested the system, and determined that it is in good and acceptable working order. 2. Miscellaneous A. Independent Contractor: Proposer agrees that Proposer and Proposer's employees and agents have no employer-employee relationship with City. Proposer agrees that if Proposer is selected and awarded a contract, City shall not be responsible for the Federal Insurance Contribution Act (FICA) payments, Federal or State unemployment taxes, income tax withholding, Workers Compensation Insurance payments, or any other insurance payments, nor will City furnish any medical or retirement benefits or any paid vacation or sick leave. B. Assignments: The rights and duties awarded the successful Proposer shall not be assigned to another without the written consent of the Purchasing Manager. Such consent shall not relieve the assigner of liability in the event of default by the assignee. C. Liens: Proposer shall indemnify and save harmless the City against any and all liens and encumbrances for all labor, goods, and services which may be provided to the City by Proposer or City of Southlake - RFP2003B540S1B200001 - Page 14 of 18 Proposer's vendor(s), and if the City requests, a proper release of all liens or satisfactory evidence of freedom from liens shall be delivered to the City. D. Gratuities / Bribes: Proposer certifies that no bribes in the form of entertainment, gifts, or otherwise, were offered or given by the successful Proposer, or its agent or representative, to any City officer, employee or elected representative, with respect to this RFP or any contract with the City, and that if any such bribe is found to have been made this shall be grounds for voiding of the contract. E. Financial Participation: Proposer certifies that it has not received compensation from the City to participate in preparing the specifications or RFP on which the Proposal is based and acknowledges that this contract may be tenninated and/or payment withheld if this certification is inaccurate. F. Required Licenses: Proposer certifies that he holds all licenses required by the State of Texas for a provider of the goods and/or services described by the Scope of Services herein. G. Authority to Submit Proposal and Enter Contract: The person signing on behalf of Proposer certifies that the signer has authority to submit the Proposal on behalf of the Proposer and to bind the Proposer to any resulting contract. H. Cotupliance with Applicable Law: Proposer agrees that the contract shall be subject to, and Proposer shall strictly comply with, all applicable federal, state, and local laws, ordinances, rules, and regulations. I. Compliance with HB 89: Proposer agrees per HB 89 vendor shall not boycott Israel at any time while providing products or services to the City of Southlake. [ x ] Yes, we agree [ No, we do not agree [ ] N/A J. Compliance with SB 252: Proposer agrees per SB 252 vendor shall not do business with Iran, Sudan or a foreign terrorist organization while providing products or services to the City of Southlake. [ x ] Yes, we agree [ I No, we da not agree 3. Financial Responsibility Provisions A. Insurance: The Proposer, consistent with its status as an independent contractor, shall carry, and shall require any of its subcontractors to carry, at least the following insurance in such form, with such companies, and in such amounts (unless otherwise specified) as City may require: i. Worker's Compensation and Employer's Liability insurance, including All States Endorsement, to the extent required by federal law and complying with the laws of the State of Texas; ii. Commercial General Liability insurance, including Blanket Contractual Liability, Broad Form Property Damage, Personal Injury, Completed Operations/Products Liability, Premises Liability, Medical Payments, Interest of Employees as additional insureds, and Broad Form General Liability Endorsein.ents, for at least One Million Dollars ($1,000,000) Combined Single Limit Bodily Injury and Property Damage on an occurrence basis; iii. Comprehensive Automobile Liability insurance covering all owned, non -owned or hired automobiles to be used by the Contractor, with coverage for at least One Million Dollars ($1,000,000) Combined Single Limit Bodily Injury and Property Darnage. B. Indemnification: Proposer agrees to defend, indemnify and hold harmless the City, all of its officers, Council members, agents and employees from and against all claims, actions, suits, demands, proceedings, costs, damages and liabilities, including reasonable attorneys' fees, court costs and related expenses, arising out of, connected with, or resulting from any acts or omissions of Proposer or any agent, employee, subcontractor, or supplier of Proposer in the execution or performance of this contract without regard to whether such persons are under the direction of City agents or employees. City of Southlake - RFP2003B540SB200001 - Page 15 of 18 Appendix C — Form CIQ INF RIMA 1 (N REGARj2JNCj VENDGI& LONFLICTF INTEREST QUESTIONNAIRE WHO: The following persons must file a Conflict of Interest Questionnaire with the City if the person has an employment or business relationship with an officer of the City that results in taxable income exceeding S2,500 during the preceding twelve — month period, or an officer or a member of the officer's family has accepted gifts with an aggregate value of more than S250 during the previous twelve — month period and the person engages in any of the following actions: 1. contracts or seeks to contract for the sate or purchase of property, goods or services with the City, including any of the following: a. written and implied contracts, utility purchases. purchase orders, credit card purchases and any purchase of goods and services by the Cit_v; b. contracts for the purchase or sale of real property, personal property including an auction of property; c. tax abatement and economic development agreements; ?. submits a bid to sell goods or services, or responds to a request for proposal for services; 3. enters into negotiations with the City for a contract; or 4. applies for a tax abatement and/or economic development incentive that will result in a contract with the City THE FOLLOWING ARE CONSIDERED OFFICERS OF THE CITY: 1. Mayor and City Council Nternbers; 2, City Manager; 3. Board and Commission members and appointed members by the Mayor and City Council; 4. Directors of 4A and 4.13 development corporations; 5. The executive directors or mana(yers of 4A and 4B development corporations; and 6. Directors of the City of SOuthlake who have authority to sign contracts on behalf of the City. EXCLUSIONS: A questionnaire statement need not be filed if the money paid to a local government official was a political contribution, a gift to a member of the officer's family from a family member; a contract or purchase of less than S2,500 or a transaction at a price and subject to terms available to the public; a payment for food, lodging, transportation or entertainment; or a transaction subject to rate or fee regulation by a governmental entity or agency. WHAT: A person or business that contracts with the City or who seeks to contract with the City mast file a "Conflict of Interest Questionnaire" (FORM CIQ) which is available online at www.ethics.state.tx.us and a copy of which is attached to this guideline. The form contains mandatory disclosures regarding "employment or business relationships" with a municipal officer. Officials may be asked to clarify or interpret various portions of the questionnaire. WHEN: The person or business must file: 1. the questionnaire —no later than seven days after the date the person or business begins contract discussions or negotiations with the municipality, or submits an application, responds to a request for proposals or bids, correspondence, or other writing related to a potential contract or agreement with the City; and 2. an updated questionnaire — within seven days after- the date of an event that would make a filed questionnaire incomplete or inaccurate. It does not matter if the submittal of a bid or proposal results in a contract. The statute requires a vendor to file a FORM CIQ at the time a proposal is submitted or negotiations commence. WHERE: The vendor- or potential vendor must mail or deliver a completed questionnaire to the Finance Department. The Finance Department is required by law to post the statements on the City's website. ENF OtRCE�IVIEN,f: Failure to file a questionnaire is a Class C misdemeanor punishable by a fine not to exceed S500. It is an exception to prosecution that the person files a FORM CIQ not later than seven business days after the person received notice oi'a violation. NOTE: The City does not have a duty to ensure that a person files a Conflict of interest Questionnaire. City of Southlake - RFP2003B540SB20000I - Page 16 of 18 CONFLICT OF INTEREST QUESTIONNAIRE For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491, 80th Lag.. Regular Session. This questionnaire is being filed in accordance with Chapter 176, Local Government Code by a person -v,/ho has a business reiationship as defined by Section 176.001 ( 1-a) '-,,,pith a local governmental entity and the person meets requirements under Section 1761.006(a). By I&/.., 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 ;person becomes a,;,are of facts that require the statement to be tiled..ee Section 176.006, Local Government Code. A person Commits an offense if the person kno,,vingly violates Section 176.006. Local Government Code. An offense under this section is a Class C misdemeanor. Name of person who has a business relationship with local governmental entity. not applicable 7 Check this box if you are filing an update to a previously filed questionnaire. OFFICE USE ONLY Date Received ;The ldMV requires that you fiie an updated c_ompieted questiomnaire Aitij tl-te appropriate filing authority € of later than the 7th business day after tI iY d�3te the originally riled '-:Iuestionnaire bec: gimes incomplete or 11101C10 -1 -irate. .+ Name of local government officer with whore filer has employment or business relationship. not applicable Nairne of Officer This section (Item 3 including Subparts , B, °:. D) must be completed for each officer with whom the filer has an employment ar other biusiness re'lati+unship tis 'Jeflned by Section 176 001 1-a), Local Government Code attach addiii0na! ages to this F -o m r_ I;- as necess;ir4. A is the focal government officer ii_jrned in this secui-M rc-cet'ving or likely tf) receive taxable income, other than i%�iestn' [l income_ from the filer of the gLIC-StiOl Inaire" F-1 Yes 1:1 No B. Is the tiler of the gEresiionnaire receiving or likely -,L(-, receive taxtible inCOn'te, Other than investment ilii Oma, frUfll ort the direction of the local governrnent officer named in this section AND the taxable income, is not received from the local governmental entity? F�Yes F-1I`a;I Is the filer of this gluestion€wire emr Ic"ved try � c.�rr�� ratic�i� _}r other t usiness entity rriti� respect to which the local go,iernment officer series as an OffiCef Or direct0i' or holds an ownership of 10 percent Or more'? 'les F-1 I"In D Describe each employmlent or business reiationsfhip with the Icical government officef named in this section. ®�„� � I � � Digitally signed by Jeff G. Dunlop J effG.Date: 2020.04.08 16:13:01 04'00' Signature of person doing business with the govern;nentai entity 4/08/20 Date Adopted 06/291,2007 City of Southlake - RFP2003B540S13200001 - Page 17 of 18 Appendix D — N® Intent to Submit Form If your firm has chosen not to submit a proposal for this procurement, please complete this forth and submit to: City of Southlake Purchasing Division, Department of Finance 1400 Main Street, Suite 440 Southlake, Texas 76092 Please check all items that apply: El Do not sell the item(s) required Cannot be competitive u Cannot provide Insurance required u� Cannot provide Bonding required 1 I� Cannot meet specifications highlighted in the attached L— Cannot comply with Indemnification request requirement L Job too large L] Job too small Do not wish to do business with the City of Southlake Other: LJ Cannot submit electronically Company Name (Please print): Authorized Officer Name (Please print): Telephone: (� Fax: () City ot'Southlake - RFP2003B540SB200001 - Page 18 of 18