ESBD_362281_1718139803193_NO. 24-29 Replace HVAC System at Huntsville Public Library.pdf

Bid # 24-29 Page 1 of 30 Firm Name:____________________________ Initials:________

REQUEST FOR PROPOSALS (RFP) NO. 24-29

“Replace HVAC System at Huntsville Public Library”

Table of Contents Tentative Schedule of Events Introduction General Instructions

Proposal Submittals Information Award Termination of Contract Special Terms & Conditions Preparation of Proposal Written Modification Qualification of Respondent Addenda & Interpretations Deviation From Requirements Evaluation Bid Bond Performance and Payment Bond Bond Information Change Orders Laws and Regulations Obligation of Respondent Proposal Tabulation

General Specifications Communication Prevailing Wage Rate Liquidated Damages

Scope of Work Warranty Requirements

City of Huntsville 1220 11th Street Huntsville, Texas 77340 Lucy Gonzalez Phone: 936-291-5495 Email: lgonzalez@huntsvilletx.gov

Sealed solicitations shall be received no later than:

2:00 P.M., Central Time July 17, 2024

MARK ENVELOPE: “Solicitation Packet 24-29”

ALL PAGES MUST BE INITIALED AND RETURNED,

IF NOT BID MAY BE REJECTED.

RETURN SEALED RFP:

City of Huntsville City Secretary 1220 11th Street Huntsville, Texas 77340

Requirements For Proposal Price Table Site Visit Safety Standards & Accident Prevention Insurance Requirements Required Forms

Conflict of Interest Certificate of Interested Parties Form 1295 Israel Verification Form Iran, Sudan and Foreign Terrorist Organizations Verification Form Firearm Verification Form Prohibition of Contracts Discriminating Against Energy, & Energy Company Boycott Verification Form Critical Infrastructure Verification Form Texas Public Information Act Verification Form References Non-Collusion Affidavit

Proposal Terms & Conditions No-Response Statement Respondent’s Information

Tentative Schedule of Events

June 11, 2024 – Release Solicitation

June 15 and June 22, 2024 - Legal Advertisement

June 26, 2024 at 10:00 A.M. – Non-Mandatory Site Visit

July 8, 2024 – Questions Due to Procurement Manager

July 17, 2024 at 2:00 P.M. – Public Solicitation Opening

July 2024 – Award Preparation

Introduction The City of Huntsville is accepting sealed proposals to establish a purchase order for the replacement of the existing Heating, Ventilation and Air Conditioning (HVAC) system at the Huntsville Public Library.

The City of Huntsville is aware of the time and effort you expend in preparing and submitting bids and proposals to the City. Please let us know of any requirements which are causing you difficulty in responding to our requests. We want to make the process as easy and painless as possible so that all responsible vendors can compete for the City's business.

General Instructions Sealed proposal packets must be delivered to Attention of:

City Secretary, City of Huntsville, 1220 11th Street, Huntsville, TX 77340.

Proposal Packets must be received by

July 17, 2024 at 2:00 P.M. Central Time

It is the sole responsibility of respondent to have packet at designated location prior to the deadline date Bid # 24-29 Page 2 of 30 Firm Name:____________________________ Initials:________

Bid # 24-29 Page 3 of 30 Firm Name:____________________________ Initials:________ and time. Each response must be sealed in an opaque envelope which has been clearly marked “Solicitation Packet 24-29”. All late packets will be returned to respondent unopened when properly marked. Public reading is scheduled to be held at the date and time listed above at City Hall, 1220 11th Street, Huntsville, Texas. You are invited to attend.

All questions concerning the solicitation should be directed to the Procurement Manager, Lucy Gonzalez at e-mail lgonzalez@huntsvilletx.gov.

Proposal Submittals Respondents submitting a response do so entirely at their expense. There is no expressed or implied obligation by the City of Huntsville to reimburse any individual or firm for any costs incurred in preparing or submitting a proposal, for providing additional information when requested by the City of Huntsville, or for participating in any selection interviews.

Information Details on which commodities and services we purchase or have available for sale is available from the Purchasing Department. You may register on the City’s vendor management program at www.huntsvilletx.gov/bids to receive notice of bid opportunities. Additionally, you may register at www.publicpurchase.com.

Award The City of Huntsville reserves the right to award to the most responsible and responsive respondent in the best interest of the City based on price and/or based on best value meeting the requirements for this service. The City reserves the right to consider items such as safety record, references, previous performance, delivery time or a criteria specific to this project which the city considers weighted. The City may award to multiple providers or to a single provider. If the awarded respondent is unable to meet the requirements of the City, services/products may be purchased from the next best available respondent and continue until a respondent is found that can complete the requirements of the City of Huntsville. The City reserves the right to order from another vendor in which the City determines an emergency or urgent need becomes necessary. The City of Huntsville has the sole, last and final determination to determine award. The City reserves the right to reject any proposals that do not meet specifications stated herein or reject all proposals should this project not be approved for any reason.

*Best Value: An assessment and/or award based on analysis of the total life cycle of the item. Combination criteria which can be used are:

price, quality of item, location of respondent, safety record of respondent, past relationship with respondent, and/or any relevant criteria specifically listed.

Terms of Contract

Installation and all specified work are to be completed within ninety (90) calendar days of issuance of the Notice to Proceed unless otherwise negotiated at time of award.

Liquidated Damages The total project must be completed in ninety (90) calendar days from the Notice to Proceed unless otherwise negotiated at time of award. If the project is not completed within the allowed number of days, liquidated damages of One Thousand Dollars ($1,000) per calendar day will be charged.

Termination of Contract The City of Huntsville reserves the right to terminate this agreement if, in the opinion of the City of Huntsville, the successful vendor’s performance is not acceptable, or if the deliveries and servicing of this contract do not conform to the requirements detailed herein or for any cause. If through any cause, the vendor fails to fulfill its obligations under this contract, or if the vendor violates any of the agreements of this contract, the City has the right to terminate this contract by giving the successful respondent thirty

(30) calendar days-written notice. Should the vendor violate any laws or participate in illegal activity the City has the right to cancel the agreement immediately. The vendor will be compensated for the mailto:lgonzalez@huntsvilletx.gov http://www.huntsvilletx.gov/bids http://www.publicpurchase.com/

Bid # 24-29 Page 4 of 30 Firm Name:____________________________ Initials:________ satisfactory deliveries performed before the termination date. The vendor shall have the right to cancel the contract upon thirty (30) days written notice to the City of Huntsville. The vendor will be compensated for the satisfactory deliveries performed before the termination date.

Special Terms & Conditions It is understood that the City of Huntsville, Texas reserves the right to reject any or all products, services and/or qualification for any or all products and/or services covered in this solicitation and to waive informalities or defects or to accept such qualifications as it shall deem to be in the best interests of the City of Huntsville. If less than three responses are received, the City of Huntsville reserves the right to resolicit as it deems to be in the best interest of the City. Each elected respondent will receive a purchase order at prices quoted. Respondent must be able to complete the job within a reasonable time of request for service. Should awarded respondent not be able to respond, the City reserves the right to offer service to next available respondent. The City of Huntsville reserves the right to make the award of solicitation line items in whole, parts or to reject any and all proposals or proposal line items if it is determined to be in the best interest of the City. The Bid Terms and Conditions reference any and all indemnification language that is required and not stated to the fullest extent of the law. The City of Huntsville has the sole last and final determination to determine award with no recourse to the fullest extent of the law.

Preparation of Proposal Each Proposal must be submitted on the prescribed form. All blank spaces for prices must be filled in, in ink or typewritten and must be fully completed and executed when submitted. If the unit price and the total amount named for an item are not in agreement, the unit price alone will be considered as representing the respondent’s intention and the total will be corrected to conform thereto. The respondent must sign their solicitation in the space provided on the respondent’s form. If the Proposal is submitted by a partnership or corporation, the name and address of the partnership or corporation must be shown, together with the name and address of the partners or corporate officers. Proposals submitted by a partnership must be signed by one of the partners. Proposals submitted by a corporation must be signed by one of the corporate officials having, under the corporate structure, the power to act in this capacity.

Proposals submitted by a sole proprietorship must be signed by the proprietor.

Written Modification Any respondent may modify their proposal by letter, electronic or other written communication at any time prior to the scheduled closing time for receipt, provided such written communication is received by the City prior to the closing time, and provided further, the City is satisfied that the written modification bears the signature of the respondent. The written communication should not reveal the proposal price but should provide the addition or subtraction or other modification so that the final prices or terms will not be known by the City until the sealed proposal is opened. It is the responsibility of the respondent to ensure the modification was received by the City.

Qualification of Respondent No prequalification of a respondent is required. Before award of any contract can be approved, however, the City shall be satisfied that the respondent involved: (1) maintains a permanent place of business, (2) has adequate plant and equipment to do the work properly and expeditiously, (3) has a suitable financial status to meet obligations incident to the work, (4) has appropriate technical experience, and (5) can submit a satisfactory performance record.

Addenda & Interpretations No interpretation of the meaning of the plans, specifications or other pre-proposal documents will be made to any respondent orally.

Every question or request for interpretation concerning the solicitation shall be directed to the Procurement Manager, Lucy Gonzalez, in writing via e-mail at lgonzalez@huntsvilletx.gov or sent via mail addressed

Bid # 24-29 Page 5 of 30 Firm Name:____________________________ Initials:________ to the Purchasing Department at 448 SH 75 North, Huntsville, Texas 77320. All questions or request for interpretation must be received by July 8, 2024 @ 5:00 P.M. as addressed above. All questions or requests for interpretation concerning the solicitation received after July 8, 2024 @ 5:00 P.M. will be considered void and unacceptable.

A written addendum will be issued as a response and will be posted on or before July 10, 2024 @ 5:00 P.M. on the City of Huntsville website, Public Purchase website and Electronic State Business Daily website. All addenda so issued shall become part of the contract documents, and receipt thereof shall be acknowledged in the space provided in the solicitation document. It is the responsibility of the respondent to verify all addenda and interpretations.

Deviation From Requirements Contract terms and conditions will be negotiated upon selection of the winning respondent for this RFP.

All contractual terms and conditions will be subject to review by the City of Huntsville legal department and will include scope, budget, schedule, and other necessary items pertaining to the project.

Respondent shall clearly indicate by letter, on a point-by-point basis, any variation from the RFP requirements, including the General Specifications, Requirements for Proposal, Required Forms or any deviation from any other requirements as part of this RFP. Respondents shall attach any variance to their proposal. If no exceptions are noted, the City will require the successful respondent to provide any good(s) or service (s) as specified herein.

Evaluation The City’s selection committee shall conduct a comprehensive, fair, and impartial evaluation of all proposals received in response to this RFP. The committee shall analyze each proposal to determine the overall responsiveness and the qualifications of each respondent. The committee may select all, some, or none of the respondents for interviews. If the City elects to conduct interviews, respondents may be reevaluated based upon the initial scoring criteria. Once a respondent(s) has been chosen, the City will negotiate and submit the agreement to the City Council for approval. The proposal shall be scored according to the criteria and corresponding points noted in this Section. Respondents shall label their proposal criteria in accordance with the corresponding tab identifier. A more complete breakdown of the evaluation criteria is located in Section “Requirements for Proposal.”

TAB EVALUATION CRITERIA POINTS

A Experience and Expertise in HVAC System

Installation and Replacement

B Quality and Efficiency of Proposed HVAC System

C Warranty and Support Services Offered 15 D Cost 35

Bid Bond A bid bond made payable to the City of Huntsville, Texas in an amount of 10% of the proposal submitted must accompany each proposal as a guarantee that if awarded the contract, the respondent will enter into a contract and execute such bonds as required within ten (10) calendar days of ward of contract by City Council.

Performance and Payment Bond Based on receiving a conditional notification of award, the Contractor shall submit a performance bond and a payment bond, each for the full amount of award, from a certified State of Texas surety company.

Should these bonds not be provided within ten (10) calendar days from the conditional notification of

Bid # 24-29 Page 6 of 30 Firm Name:____________________________ Initials:________ award, the City of Huntsville reserves the right to award to next responsible, responsive firm. Original performance and payment bonds are to be submitted to the Procurement Manager, 448 SH 75N Huntsville, TX 77320. The bonds shall remain in effect until both the final payment is made and the closeout of the project is finalized.

Bond Information The failure of the successful respondent to execute the agreement and supply the required bonds within ten

(10) calendar days after the request, or within such extended period as the City may grant, shall constitute a default and the City may, at its option either award the contract to the next lowest responsible respondent, or readvertise for proposals. In either case, the City may charge against the respondent the difference between the amount of the proposal and the amount for which a contract is subsequently executed irrespective of whether this difference exceeds the amount of the bid bond. If a more favorable proposal is received through readvertisement, the defaulting respondent shall have no claim against the City for a refund.

Change Orders It is the City’s desire to have all questions and/or comments addressed prior to issuing a purchase order;

any change order will be greatly scrutinized and could impede future awards. No change orders will be accepted unless written approval by the City Manager is obtained. Any work completed without written approval by the City Manager is subject to non-payment.

Laws and Regulations The respondent’s attention is directed to the fact that all applicable State laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction shall apply to the award throughout, and they will be deemed to be included in the proposal document the same as though herein written out in full.

Obligation of Respondent At the time of the opening of the proposals each respondent will be presumed to have inspected the site and to have read and to be thoroughly familiar with the plans and contract documents (including all addenda). The failure or omission of any respondent to examine any form, instrument or document shall in no way relieve any respondent from any obligation in respect of his proposal.

Proposal Tabulation To obtain proposal tabulation results, please log on to our website at http://www.huntsvilletx.gov/business/bids_and_rfps/bid_tabulations/. If you have any other questions, please contact the Procurement Manager, Lucy Gonzalez at (936) 291-5495 or e-mail lgonzalez@huntsvilletx.gov.

General Specifications The City of Huntsville is seeking proposals from qualified HVAC contractors for the replacement of the existing HVAC system at the Huntsville Public Library. The selected contractor will be responsible for providing a turnkey solution that meets the heating, ventilation, and air conditioning needs of our library facility, which is approximately 15,000 square feet.

The project budget is estimated to be $325,000.

The current system, consisting of two units, has been in operation for approximately fifteen years and has reached the end of its operational lifespan. The new HVAC system should provide efficient heating, ventilation, and air conditioning services to ensure a comfortable environment for patrons and staff throughout the year. The new system must be energy efficient, comply with all relevant regulations and codes and ensure optimal climate control throughout the facility.

http://www.huntsvilletx.gov/business/bids_and_rfps/bid_tabulations/ mailto:lgonzalez@huntsvilletx.gov

Bid # 24-29 Page 7 of 30 Firm Name:____________________________ Initials:________

Communication All communication and questions concerning this solicitation, including any of a technical nature, shall be made in writing to the procurement manager. Respondents are specifically barred from contacting any user department personnel involved in this solicitation for the purpose of discussing this solicitation. Violation may result in respondent disqualification.

Prevailing Wage Rate Chapter 2258, Texas Government Code, Title 10 requires that state agencies, cities, counties, independent school districts, and all other political subdivisions that engage in public works construction projects to produce and include prevailing wage rate determinations in the project bidding and contract documents.

Chapter 2258 requires that the contractor who is awarded a contract by a public body and a contractor’s subcontractor shall pay not less than the rates determined by such agencies to workers employed for the execution of such work. Pursuant to Chapter 2258, the City of Huntsville has ascertained the wages in Attachment 1 to be paid for the various classifications of workers, in the locality of this project. In determining these wages, the City has utilized the Prevailing Wage Rates as determined by the U.S. DOL in accordance with the Davis-Bacon Act.

Scope of Work

1. Conduct a thorough assessment of the current HVAC system and provide recommendations for replacement.

2. Remove the existing unit from the roof of the building (Crane required).

3. Design and install a new HVAC system that meets the heating and cooling requirements of our library space.

4. Ensure the new system is energy-efficient and environmentally friendly.

5. Test and commission the new system to ensure optimal performance.

6. Provide a comprehensive maintenance plan for the new HVAC system.

7. Train staff on the operation and maintenance of the new HVAC system.

Warranty Requirements

1. Duration of Warranty: The awarded respondent shall provide a warranty period for the entire

HVAC system, including all components and parts, not less than ten (10) years from the date of substantial completion or installation, whichever is later.

2. Labor Warranty: The awarded respondent shall provide a warranty for labor and workmanship for a minimum of one (1) year from the date of substantial completion or installation, whichever is later. This warranty shall cover all labor costs for repairing or replacing any defective work due to poor workmanship or improper installation, labor for diagnosing issues related to the HVAC system’s installation or performance during the warranty period, and travel time and expenses for technicians or personnel required to perform warranty-related repairs.

3. Exclusions: The warranty shall explicitly outline any exclusions, limitations, or conditions that may void the warranty, including but not limited to improper installation, neglect, misuse, or unauthorized repairs.

4. Response Time: The respondent shall specify the maximum allowable response time for repairs or replacements in the event of a warrant claim.

5. Claim Procedures: The respondent shall provide clear procedures for initiating warranty claims, including contact information, documentation requirements, and any forms or protocols necessary for processing claims.

6. Maintenance Requirements: The warranty shall outline any maintenance requirements necessary to maintain warranty coverage, including recommended service intervals and tasks.

7. Dispute Resolution: Procedures for resolving disputes related to warranty claims shall be clearly defined, including escalation processes and mechanisms for mediation or arbitration if necessary.

Bid # 24-29 Page 8 of 30 Firm Name:____________________________ Initials:________

8. Documentation: The respondent shall provide comprehensive documentation of the warranty terms, including a written warranty statement and any applicable user manuals, maintenance guides, or technical specifications.

9. Compliance: The warranty provided by the respondent shall comply with all applicable laws, regulations, and industry standards.

Requirements For Proposal The RFP response outside cover and/or first page shall contain the respondent’s firm name, all contact information, business address and stamp designating either original or copy. Include one (1) unbound original, three (3) bound copies and one (1) digital copy in searchable PDF format on a USB drive. The bound copies shall have tabs clearly divided and marked A - E. Each tabbed section should include the information described below.

Tab A Experience and Expertise in HVAC System Installation and Replacement (30 Points)

a) Describe the background, history, and core competencies of your company as they relate to this project.

b) Describe your experience in commercial HVAC installation/replacement.

c) Provide a list of similar projects you have completed over the past three (3) years.

d) Explain the anticipated resources you will assign to this project, including the total number of personnel.

e) Provide the role, title and resumes of key personnel you will assign to this project, including details of certifications and licenses.

f) Provide a minimum of three (3) testimonials/references from past clients on projects of a similar nature that you have completed. Include detailed project information along with a valid contact name, email address and phone number for each project.

g) Include any requested variation from the RFP requirements in this section. If no exceptions are noted, the City will require the successful respondent to provide any good(s) or service (s) as specified herein.

Tab B Quality and Efficiency of Proposed HVAC System (20 Points)

a) Provide comprehensive specifications for each HVAC unit proposed, including model numbers, sizes, capacities, and dimensions.

b) Provide information on the energy efficiency ratings of the HVAC equipment, such as SEER

(Seasonal Energy Efficiency Ratio) for cooling equipment and AFUE (Annual Fuel Utilization Efficiency) for heating equipment.

c) Provide certifications the equipment has obtained, such as ENERGY STAR certification or certifications from relevant industry organizations like AHRI (Air-Conditioning, Heating, and Refrigeration Institute).

d) Provide performance data, including airflow rates, temperature differentials, and sound levels.

e) Provide information regarding the recommended maintenance procedures for the equipment to ensure optimal performance and longevity.

f) Provide a life cycle cost analysis that considers not only the upfront cost of the equipment but also factors in energy efficiency, maintenance costs, and expected lifespan to determine the total cost of ownership over time.

g) Provide case studies from previous installations of the proposed equipment to demonstrate its performance in real-world applications.

h) Provide details showing that the proposed equipment complies with all relevant regulations and standards, such as building codes and environmental regulations.

i) Include information on any optional features or upgrades available for the equipment that could enhance its performance, efficiency, or functionality.

Bid # 24-29 Page 9 of 30 Firm Name:____________________________ Initials:________

Tab C Warranty and Support Services Offered (15 Points)

a) Respondents are requested to provide detailed information regarding warranty offerings, including terms, coverage, limitations, and any additional services or benefits provided.

Explain how the offered warranty meets the minimum warranty requirements detailed in the “Warranty Requirements” section.

b) Extended Warranty Options: Provide information on optional extended warranty packages, including coverage, terms, and associated costs in this section.

Tab D Cost (35 Points)

a) Complete the Price Table below. Costs shall include labor, materials, and equipment to complete the tasks described herein.

b) Attach itemized cost with detailed explanation. Responses that fail to provide an itemized and detailed explanation of cost may be deemed non-responsive.

c) Include costs for any items outsourced or any subcontracted services, if applicable, including the name and description of the organization being contracted.

Tab E Signed RFP and completed Required Forms. Failure to provide these forms may deem your proposal as non-responsive.

Bid # 24-29 Page 10 of 30 Firm Name:____________________________ Initials:________

Price Table

Item No. Description UOM Total

1 New Equipment Cost LOT $_____________________________

Lead Time for New Equipment ____________________________ Calander Days

2 Labor Cost – Removal and Disposal of Existing HVAC System LOT $_____________________________

Time Needed to Complete Item 2 ____________________________ Calander Days

3 Labor Cost – Installation of New HVAC System LOT $_____________________________

Time Needed to Complete Project 3 ____________________________ Calander Days

Grant Total: $_____________________________

Site Visit A non-mandatory site visit will be conducted on Wednesday, June 26, 2024, at 10:00 A.M. at the Huntsville Public Library, 1219 13th Street, Huntsville, TX 77340.

All who wish to attend may pre-register. Please contact Lucy Gonzalez, Procurement Manager via email:

lgonzalez@huntsvilletx.gov no later than Tuesday, June 25, 2024, at 2:00 PM.

Include:

Bid: Replace HVAC System at Huntsville Public Library NO. 24-29 Company Name:

Representative’s Name:

Phone Number:

Email:

Safety Standards & Accident Prevention With respect to all work performed under this contract, the CONTRACTOR shall:

(1) Exercise every precaution at all times for the prevention of accidents and the protection of persons (including employees) and property.

(2) Maintain at his office or other well-known place at the job site, all articles necessary for giving first aid to the injured, and shall make standing arrangements for the immediate removal to a hospital or a doctor's care of persons (including employees), who may be injured on the job site. In no case shall employees be permitted to work at a job site before the employer has made a standing arrangement for removal of injured persons to a hospital or a doctor's care.

mailto:lgonzalez@huntsvilletx.gov

Bid # 24-29 Page 11 of 30 Firm Name:____________________________ Initials:________

Insurance Requirements

The awarded respondent shall furnish and keep in full force (at its own cost and expense) the following insurance during the term of this Contract:

a. Commercial General Liability at minimum combined single limits of ($1,000,000 per occurrence and $2,000,000 general aggregate) for bodily injury and for property damages, which coverage shall include products/completed operations at $1,000,000 per occurrence.

b. Commercial Automobile Liability at minimum combined single limits of $300,000 per occurrence for Bodily Injury and Property Damage, including owned, non-owned, and hired vehicle coverage.

All insurance must be written on forms filed with and approved by the Texas Board of Insurance.

Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent.

The awarded respondent shall furnish at their own expense to the City of Huntsville, a Certificate of Liability Insurance listing the City as an “Additional Insured” via endorsement. In Description of Operations will need wording similar to: Blanket additional insured is added in favor of the certificate holder with respects to the general liability coverage as required by written contract. Blanket Waiver of Subrogation is added in favor of the certificate holder with respects to workers compensations coverage as required by written contract. Certificate Holder to be: City of Huntsville 1212 Ave M Huntsville TX 77340.

The required insurance must contain a provision that at least thirty (30) days prior notice of cancellation, non-renewal, or material change of said insurance shall be submitted to the city, by the insurance company. The City reserves the right to full, certified copies of all required insurance policies when requested in writing. Insurance will be required prior to purchase order being issued.

Copy of insurance to be supplied prior to award.

Bid # 24-29 Page 12 of 30 Firm Name:____________________________ Initials:________

Required Forms

Conflict of Interest

Bid # 24-29 Page 13 of 30 Firm Name:____________________________ Initials:________

Bid # 24-29 Page 14 of 30 Firm Name:____________________________ Initials:________

Certificate of Interested Parties Form 1295

Pursuant to Section 2252 of the Texas Government Code, any business entity entering into a contract with a local government that requires approval of the governing body must submit a Disclosure of Interested Parties to the local government prior to the execution of the contract. The Texas Ethics Commission (TEC) has adopted a form for the Disclosure of Interested Parties (Form 1295) and has created a website application for business entities to submit the required information.

The City of Huntsville may not enter into a contract that requires the approval of the City Council until the business entity that is a party to the contract files a Form 1295 with the Texas Ethics Commission and the City of Huntsville Purchasing Department.

1. Upon being notified of a bid/recommended award, the award recipient, the business entity, must go the following website: https:///www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm and follow the login directions on the website application to complete a Form 1295. It this is a business entity’s first time login on to the website application, the business entity must create a login Username and Password then follow the application’s instructions to complete a Form 1295.

2. The City does not have a Contract ID Number System. Please insert the City of Huntsville’s bid or project number in this box.

3. Once confirmation is received, that the information has been submitted with the Texas Ethics Commission, the business entity MUST print, sign and date Form 1295.

4. Form 1295 must be filed with the Texas Ethics Commission within seven (7) business days of the date of notification of recommended award. The contract will not be presented to City Council until the form has been filed with the Texas Ethics Commission and the City of Huntsville has received Form 1295.

5. In no way does a request for filing of Form 1295 with the Texas Ethics Commission commit the City to any type of award whatsoever.

6. Once the City of Huntsville Purchasing Department receives Form 1295, the Purchasing Department will submit confirmation of receipt through the Texas Ethics Commission website within thirty (30) days.

7. This process must be followed for each contract requiring City of Huntsville Council approval.

8. A Form 1295 cannot be hand written. It must be completed electronically through the Texas Ethics Commission website application.

If you have any questions contact the City of Huntsville Procurement Manager at (936) 291-5495, 448 SH 75 North, Huntsville, Texas 77320.

Bid # 24-29 Page 15 of 30 Firm Name:____________________________ Initials:________

Bid # 24-29 Page 16 of 30 Firm Name:____________________________ Initials:________

Israel Verification Form

I, , the undersigned representative of (the “Company”) do hereby declare, represent, and verify that the Company, under the provisions of Chapter 2271 of the Texas Government Code, as amended:

1. does not boycott Israel currently; and

2. will not boycott Israel during the term of the contract.

Pursuant to Section 2271.001 of the Texas Government Code:

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

2. “Company” means 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 exist to make a profit.

Date Signature

EXCLUSION FROM CHAPTER 2271 OF THE TEXAS GOVERNMENT CODE

I, ________________________, the undersigned representative of _____________________ (the “Company”) do hereby declare, represent, and verify that the Company is excluded from Chapter 2271 because the contract in question:

☐will be between a governmental entity and a company with fewer than 10 full-time employees;

☐ will have a value of less than $100,000 that is to be paid wholly or partly from public funds of the governmental entity; or ☐ will be between a governmental entity and a sole proprietor.

Please check exceptions, if any, that apply to the potential contract between the City of Huntsville and the Company.

Bid # 24-29 Page 17 of 30 Firm Name:____________________________ Initials:________

Iran, Sudan and Foreign Terrorist Organizations Verification Form

“Company”) do hereby declare, represent, and verify that the Company, under the provisions of Chapter 2252 of the Texas Government Code, as amended:

1. will not do business with Iran, Sudan, or any foreign terrorist organization; and

2. will not do business with Iran, Sudan, or any foreign terrorist organization during the term of the contract.

Bid # 24-29 Page 18 of 30 Firm Name:____________________________ Initials:________

Firearm Verification Form

“Company”) do hereby declare, represent, and verify that the Company, under the provisions of Chapter 2274 of the Texas Government Code, as amended:

1. does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and

2. will not discriminate during the term of the contract against a firearm entity or firearm trade association.

Pursuant to Chapter 2274 and Section 809.001 of the Texas Government Code:

1. “Discriminate against a firearm entity or firearm trade association” means, with respect to the entity or association, to: (i) refuse to engage in the trade of any goods or services with the entity or association based solely on its status as a firearm entity or firearm trade association; (ii) refrain from continuing an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association; or (iii) terminate an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association.

2. “Company” means a for-profit organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly

EXCLUSION FROM CHAPTER 2274 OF THE TEXAS GOVERNMENT CODE

“Company”) do hereby declare, represent, and verify that the Company is excluded from Chapter 2274

☐ will be between a governmental entity and a company with fewer than 10 full-time employees, the governmental entity;

☐ will be between a governmental entity and a sole proprietor; or ☐ is an exempt contract under Section 2274.003 of the Texas Government Code.

Please check exceptions, if any, that apply to the potential contract between the City of Huntsville and the Company.

Bid # 24-29 Page 19 of 30 Firm Name:____________________________ Initials:________

Prohibition of Contracts Discriminating Against Energy, & Energy Company Boycott Verification Form

I, , the undersigned representative of (the “Company”) do hereby declare, represent, and verify that the Company, under the provisions of Chapter 2274 of the Texas Government Code, as amended:

1. does not boycott energy companies currently; and

2. will not boycott energy companies during the term of the contract.

Pursuant to Chapter 2274 and Section 809.001 of the Texas Government Code:

1. "Boycott energy company" means, without an ordinary business purpose, 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 with a company because the company: (A) engages in the exploration, production, utilization, transportation, sale, or manufacturing of fossil fuel-based energy and does not commit or pledge to meet environmental standards beyond applicable federal and state law; or (B) does business with a company described by Paragraph (A).

2. “Company” means a for-profit organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly

EXCLUSION FROM CHAPTER 2274 OF THE TEXAS GOVERNMENT CODE

“Company”) do hereby declare, represent, and verify that the Company is excluded from Chapter 2274

☐will be between a governmental entity and a company with fewer than 10 full-time employees;

the governmental entity; or ☐ will be between a governmental entity and a sole proprietor.

Please check exceptions, if any, that apply to the potential contract between the City of Huntsville and the Company.

Bid # 24-29 Page 20 of 30 Firm Name:____________________________ Initials:________

Critical Infrastructure Verification Form

To the extent this proposal relates to critical infrastructure in the State of Texas, I, , the undersigned representative of (the “Company”) do hereby declare, represent, and verify that the Company is not owned by or has the majority of stock or other ownership interest held by or controlled by: individuals who are citizens of China, Iran, North Korea, Russia, or a country designed by the Governor of Texas as a threat to critical infrastructure under Section 2274.0103 of the Texas Government Code as amended (“designated country”); or

1. a company or other entity, including a governmental entity, that is owned or controlled by citizens of or is directly controlled by the government of China, Iran, North Korea, Russia, or a designated country; or

2. it is not headquartered in China, Iran, North Korea, Russia, or a designated country.

The foregoing representation is made solely to comply with Chapter 2274 of the Texas Government Code, as amended, and to the extent such Section does not contravene applicable federal or State law. As used in the foregoing verification, “critical infrastructure” means a communication infrastructure system, cybersecurity system, electric grid, hazardous waste treatment system, or water treatment facility.

Bid # 24-29 Page 21 of 30 Firm Name:____________________________ Initials:________

Texas Public Information Act Verification Form

“Company”) do hereby acknowledge that the requirements of Subchapter J, Chapter 552, Government Code, may apply to this solicitation, proposal and any resultant contract, and agree that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter.

Bid # 24-29 Page 22 of 30 Firm Name:____________________________ Initials:________

References

Respondent shall submit with their solicitation the name, address, telephone number, and point of contact of at least three (3) companies for which the respondent has completed similar work/projects within the preceding three (3) years. References may be checked prior to award. Any negative responses received may result in disqualification of the proposal. (Form is attached for your convenience below)

Reference 1

COMPANY NAME: __________________________________________________________

CONTACT: _________________________________________________________________

ADDRESS: _________________________________________________________________

PHONE #: __________________________________________________________________

Reference 2

COMPANY NAME: __________________________________________________________

CONTACT: _________________________________________________________________

Reference 3

COMPANY NAME: __________________________________________________________

CONTACT: _________________________________________________________________

Bid # 24-29 Page 23 of 30 Firm Name:____________________________ Initials:________

Non-Collusion Affidavit

1. He/she is ____________________________________of___________________________, the respondent that has submitted the attached bid/proposal.

2. He/she is fully informed respecting the preparation of contents of the attached bid and of all pertinent circumstances respecting such bid/proposal.

3. Such bid is genuine and is not collusive or a sham bid/proposal.

4. Neither the said respondent not any of its officer, partners, owners, agents, representative, employees or parties in interest, including this affidavit, has in any way colluded, conspired, connived or agreed, directly or indirectly with another respondent, firm or person to submit a collusive or sham bid in connection with the contract for which the attached bid has been submitted or to refrain from responding in connection with such contract, or has in any manner, directly or indirectly, sought by agreement of collusion or communication or conference with any other respondent, firm or person to fix the price or prices in the attached bid or of any other respondent, of to fix an overhead, profit or cost element of the bid price of the bid price of any other respondent, or to secure through any collusion, conspiracy, connivance of unlawful agreement any advantage again the City of Huntsville or any per interest in the proposed contact.

5. In compliance with the specifications in the bid/proposal and quote conditions, I, the undersigned agree to furnish the services upon which prices are offered at the price opposite to each line description to the City of Huntsville within the time specified. By submitting this bid/proposal and attached signature I hereby attest that I have not received nor offered anything of value to any City employee, official, and/or board member in connection with this submitted bid.

6. Advanced disclosures of any information to any particular/potential respondent which gives that particular/potential respondent any advantage over any other interested respondent in advance of the award whether in response to advertising or an informal request for bid/proposal made or permitted by a member of the governing body or an employee or representative thereof, will cause to void that particular respondent’s bid/proposal. Prior to an award any communication with a member of the selection committee or governing board will cause to void that particular respondent’s bid/proposal and the committee member or the governing board member will be rejected from the voting process for that bid/proposal or contract. By submission of this bid/proposal respondent attests that no improper communication has occurred resulting in an advantage over any other respondent, potential respondent, or advance discloser.

7. The price or prices quoted in the attached bid/proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the respondent or any of its agents, representative, owners, employees, or parties in interest, including this affidavit.

Signature

Printed Name

Firm Name

Bid # 24-29 Page 24 of 30 Firm Name:____________________________ Initials:________

Proposal Terms & Conditions

DEFINITIONS:

City – City of Huntsville City Council – The elected officials of the City of Huntsville who have been given the authority to exercise such powers and jurisdiction of all City business as conferred by the City Charter, Ordinance and Laws.

Contract- An agreement between the City and a vendor to furnish products over a designated period of time during which repeated purchases or a single purchase are made of the commodity (s) or service specified.

Vendor – The potential or successful bidder of an Invitation for Bid or Request for Proposal.

ACCEPTANCE: The City reserves the right to accept or reject any or all bids, to waive any informalities and technicalities, to accept the offer considered most advantageous in order to obtain the best value for the City in accordance with Local Government Code Chapter 252.

Causes for rejection of a bid may include but shall not be limited to the bidder’s current violation of any City ordinance, the bidder’s current inability to satisfactorily perform the work or service, or the bidder’s previous failure to properly and timely perform its obligation under a contract with the City. Bidders may be disqualified and rejection may be recommended for any but not limited to the following:

• Failure to use the form furnished by the City;

• A bid that fails to meet the essential requirements;

• A bid that does not conform to the specifications;

• A bid that fails to conform to the delivery schedule or permissible alternatives;

• Failure to submit a bid bond, insurance or other requested documents in conformance with the requirements;

• A bid seeking to qualify the terms and conditions, or otherwise seeking to limit contractor liability, or to limit the City’s rights;

• A vendor that qualifies its price in such a manner that the firm’s bid price cannot be determined;

• Price quoted shall be the price in effect at the time of delivery which remains unknown at the present time.

• A bid is contingent on also receiving awards on other bids currently under consideration.

All bidders are hereby notified that the City shall consider all factors it believes to be relevant in selecting the offer that provides the best value for the City including but not limited to the purchase price, the proximity of the bidder as it relates to his ability to perform the contract for the City, the delivery date, the reputation of the bidder and the bidder’s goods or services, the quality of the bidder’s goods or services, the bidders past performance under contracts with the City, and the bidder’s compliance with City ordinances.

The City is committed to obtaining its goods, products and services at the lowest price possible which benefit all the citizens of Huntsville.

Therefore, in order to accomplish the objective/goal it is not the intention of the City to either exclude particular vendors or manufacturers nor to create restrictive situations in its request for bids and proposals. Any manufacturer’s names, trade names, brand names, catalog numbers, technical data etc. used in the specifications are there for the sole purpose of establishing and describing general performance, quality levels, type and dimensions and such references are not intended to be restrictive. Alternate bids on similar or comparable products and/or services of any manufacturer or vendor equal to the products and/or services described in the specifications are invited and will be given careful consideration provided the alternate will accomplish the same task. The City shall be the sole judge on whether the alternate product and/or service is similar to, equal to and in compliance with that specified. The decision of the City shall be final. In literal compliance in reference to standards and specifications shall mean the meeting or exceeding of all or nearly all of the said standards and specifications.