ESBD_452648_1757454339804_NO. 25-38 Selection of Materials Recycling Facility (MRF).pdf

Bid # 25-38 Page 1 of 29 Firm Name:____________________________ Initials:________

REQUEST FOR PROPOSALS (RFP) NO. 25-38

“Selection of Materials Recycling Facility (MRF)”

Table of Contents Tentative Schedule of Events Introduction General Instructions

Proposal Submittals Information Award Terms of Contract Termination of Contract Special Terms & Conditions Preparation of Proposal Written Modification Qualification of Responders Addenda & Interpretations Laws and Regulations Obligation of Responder Bid Tabulation

General Specifications Scope of Services MRF Requirements Evaluation of Proposals Requirements for Proposal

Pricing/Fees Calculating Blended Value Proposal Fee Table Safety Standards & Accident Prevention

Insurance Requirements Required Forms

Conflict of Interest Certificate of Interested Parties Form 1295

City of Huntsville 448 State Highway 75 North Huntsville, Texas 77320 Lucy Gonzalez, Procurement Manger Phone: 936-291-5495 Email: purchasing@huntsvilletx.gov

Sealed solicitations shall be received no later than:

4:00 P.M., Central Time September 30, 2025

MARK ENVELOPE: “Solicitation Packet 25-38”

ALL PAGES MUST BE INITIALED AND RETURNED,

IF NOT BID MAY BE REJECTED.

RETURN SEALED RFP:

City of Huntsville City Secretary 1212 Avenue M Huntsville, Texas 77340

Bid # 25-38 Page 2 of 29 Firm Name:____________________________ Initials:________

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 Non-Collusion Affidavit

Bid Term & Conditions No-Bid Statement Responders Information

Tentative Schedule of Events

September 9, 2025 – Release Bid

September 13 and September 20, 2025 – Legal Advertisement

September 16, 2025 – Questions Due to Procurement Manager

September 17, 2025 – Final Addendum Posted

September 30, 2025, 4:00 P.M. – Public Bid Opening

October/November 2025 – Award Preparation

Introduction The City of Huntsville (“City”) is soliciting proposals from qualified, licensed Material Recycling

Facilities (MRF) for the acceptance and processing of City recyclable materials under a cost sharing plan in accordance with Local Government Code Chapter 252.

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 solicitation requirements which are causing you difficulty in responding. 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 RFP packets must be delivered in a sealed envelope to:

The City of Huntsville

Attention of City Secretary c/o Purchasing Department

City of Huntsville Service Center

448 State Highway 75 North

Huntsville, Texas 77320

Solicitation Packets must be received by

September 30, 2025, at 4:00 P.M. Central Time

It is the sole responsibility of responder to have packet at designated location prior to the deadline date and time. Each response must be sealed in an opaque envelope which has been clearly marked “Solicitation

Bid # 25-38 Page 3 of 29 Firm Name:____________________________ Initials:________

Packet # 25-38”. Responses received after September 30, 2025, 4:00 P.M. will not be considered for the award of the contract and shall be considered void and unacceptable. All late packets will be returned to responder unopened when properly marked. Public reading is scheduled to be held at the date and time listed above at City Hall, 1212 Avenue M, Huntsville, Texas. You are invited to attend.

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

Proposal Submittals Firms 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 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 will award based on best value* meeting the requirements for this service. The City of Huntsville reserves the right to award to the most responsible and responsive bidder in the best interest of the City. The City may award to multiple providers or to a single provider. If the awarded responder is unable to meet the requirements of the City, services/products may be purchased from the next best available responder and continue until a responder is found that can complete the requirements of the City of Huntsville. 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 responder, safety record of responder, past relationship with responder, and/or any relevant criteria specifically listed.

Terms of Contract

This contract shall be effective for one year from Date of Award and will expire November 23, 2026.

Upon mutual agreement of the parties and contingent upon City Council approval; contract may be extended for a period of three (3) additional one (1) year terms - from November 24, 2026 through

November 23, 2027, November 24, 2027 through November 23, 2028, and November 24, 2028 through

November 23, 2029. A renewal contract should be signed by the City prior to expiration of the initial term and any subsequent term.

Termination of Contract The City or the Contractor shall have the right to cancel at any time for any reason on thirty (30) day written notice. The City of Huntsville reserves the right to terminate this agreement if, in the opinion of the

City of Huntsville, the successful respondent’s performance is not acceptable, or if the deliveries and servicing of this contract do not conform to the requirements detailed herein. If though any cause, the respondent fails to fulfill its obligations, or if the respondent violates any of the agreements of this solicitation, the City has the right to terminate by giving the successful responder thirty (30) calendar days-written notice. During the thirty-day notification period, the City reserves the right to contact and award to other firms. The respondent will be compensated for the satisfactorily deliveries performed before the termination date. Contract may be terminated immediately should there be any illegal or unprofessional activities, alleged or otherwise, occurring or suspected of occurring.

mailto:purchasing@huntsvilletx.gov http://www.huntsvilletx.gov/bids http://www.publicpurchase.com/

Bid # 25-38 Page 4 of 29 Firm Name:____________________________ Initials:________

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 rebid as it deems to be in the best interest of the City. Each elected responder will receive a purchase order as prices quoted. Responders must be able to complete the job within a reasonable time of request for service. Should awarded responder not be able to respond, the City reserves the right to offer service to next available responder. 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 responder's intention and the total will be corrected to conform thereto. The responder must sign their solicitation in the space provided on the responder’s form. If the solicitation 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. Solicitations submitted by a partnership must be signed by one of the partners. Solicitations 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.

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

Written Modification Any responder may modify their solicitation 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 responder. The written communication should not reveal the solicitation 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 bid is opened. It is the responsibility of responder to ensure modification was received by the City.

Qualification of Responders No prequalification of responders is required. Before award of any contract can be approved, however, the City shall be satisfied that the responder 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-bid documents will be made to any responder orally.

Every question or request for interpretation concerning the solicitation shall be directed to the Purchasing

Agent, Christina Bodin-Turner, in writing via e-mail at purchasing@huntsvilletx.gov or sent via mail addressed to the Purchasing Department at City Hall, 1212 Avenue M, Huntsville, Texas 77340. All questions or request for interpretation must be received by September 16, 2025 @ 5:00 P.M. as addressed above. All questions or requests for interpretation concerning the solicitation received after September 16, mailto:purchasing@huntsvilletx.gov

Bid # 25-38 Page 5 of 29 Firm Name:____________________________ Initials:________

2025 @ 5:00 P.M. will be considered void and unacceptable.

A written addenda will be issued as a response and will be posted on or before September 17, 2025 @

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 responder to verify all addendums and interpretations.

Laws and Regulations The responder'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 bid document the same as though herein written out in full.

Obligation of Responder At the time of the opening of the solicitation each responder 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 responder to examine any form, instrument or document shall in no way relieve any responder from any obligation in respect of his proposal.

Bid Tabulation To obtain bid 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 Purchasing Agent, Christina Bodin-Turner at (936) 291-5981 or e-mail purchasing@huntsvilletx.gov.

General Specifications

Scope of Services The City operates a residential and commercial refuse collection and disposal service as a municipal enterprise. The City’s Solid Waste Department has in place a curbside single stream recycling program, which allows both residential and commercial customers to recycle mixed paper, corrugated cardboard, metals, glass containers, plastics #1, #2 natural, #2 pigment, #3-7 aluminum and steel. On average, the

City generates 877.24 tons of single stream recyclable material each year.

Items allowed in the single stream recycling carts are:

Paper Products

• Office Paper

• Newspaper

• Junk Mail

• Small Cardboard Boxes

• Paper Towel and Toilet Paper Tubes

Plastic Bottles

• Water Bottles

• Soda Bottles

• Milk Bottles

• Bottles with Recycling Logo # 1-5, and #7 http://www.huntsvilletx.gov/business/bids_and_rfps/bid_tabulations/ mailto:purchasing@huntsvilletx.gov

Bid # 25-38 Page 6 of 29 Firm Name:____________________________ Initials:________

Cans

• Soda

• Bear

• Soup

• Vegetable

Recyclable material is picked up from City customers twice a week and brought to the City Transfer

Station, located at 590 I-45 North, Huntsville, Texas 77320. Recyclable material is loaded onto a transfer truck and trailer and hauled to the selected respondent’s MRF in two loads – one load is transported on Thursday and one load on Friday of each week. Each load will have an average of 8.44 tons of single stream recyclables. This amount is estimated and the City makes no guarantee as to the volume of recyclable materials in each load.

The trailer discharges the recyclable materials via a walking floor.

MRF Requirements Due to cost constraints of transporting material long distances, the City will only consider for award those

MRFs which are located within one hundred (100) miles of the City Transfer Station noted above.

Proposals shall state the distance between the City Transfer Station and the MRF location.

The MRF must be capable of accommodating the City’s hauling contractor’s semi-trailer fleet.

The MRF must be a TCEQ permitted facility with sufficient capacity to accept the City’s deliveries of recyclable materials. At a minimum, the MRF must accept the following materials:

• Aluminum;

• Steel/Tin Cans;

• Newspaper;

• Mixed Paper;

• Cardboard;

• Plastic Containers #1, #2 Natural, #2 Pigment, #3-7;

• Glass Containers.

The MRF must have certified scale(s) sufficient to weigh recyclable materials delivered by the City’s hauling contractor. Evidence of normal maintenance and calibration of the scales performed in accordance with manufacturer’s recommendations will be required. The successful respondent must

(a) submit an annual certificate of accuracy to the City, and

(b) post a copy of such certificate near the scales.

The City will work with the successful respondent to establish vehicle number and tare weight. All vehicles used to transport recyclable materials should have a tare weight so that the vehicles do not need to be weighted twice.

The successful respondent will be required to:

(i) At the outset of award/agreement, conduct composition analysis to determine percentages of material types in the total load, including residuals;

(ii) Conduct four (4) contamination rate audits monthly in which the average will be used to determine the monthly contamination rate. A copy of every audit will be provided to the City of Huntsville via email. Successful respondent shall notify appropriate City personnel via email no later than seventy-two (72) hours prior to any such composition audit to allow for

City personnel attendance/observation.

Bid # 25-38 Page 7 of 29 Firm Name:____________________________ Initials:________

(iii) The successful respondent shall provide an invoice for each month showing an amount owed by the City or a split revenue with the City.

(iv) Conduct semi-annual material composition analysis;

(v) Provide reports with respect to (i) and (ii) as deemed necessary by the City, at its discretion;

(vi) Provide monthly tonnage reports to the City for all recyclables received from the City;

(vii) Provide monthly tonnage reports for all residuals sent to the landfill(s) from processing operations;

(viii) Provide semi-annual reports to include the geographical area where each commodity is being shipped for end market processing; and

(ix) Review and update cost sharing pricing sheet with the City on a quarterly basis.

Evaluation of Proposals 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 respondent’s ability to provide the services as detailed in this RFP. The adequacy, depth and clarity of the proposal will influence its evaluation. 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 the Section “Requirements for Proposal.”

TAB EVALUATION CRITERIA POINTS

B Qualifications & Experience 25

C Questions/Response to Scope of Services 20

D References, Implementation Schedule & Required Forms 20

E Fees 35

Requirements for Proposal The RFP response outside cover and/or first page shall contain the responders firm name, 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 proposal shall be organized and submitted with the following elements:

Tab A: General Information to include:

1. Cover Page – include the solicitation number and title.

2. Table of Contents.

3. Executive Summary – provide a brief summary of the history, background and experience of the company, including ay information the respondent deems relevant as an introduction.

4. Identify the primary contact who would be able to answer questions about the proposal. Include name, title, telephone number and email address of the contact.

Tab B: Qualifications and Experience (25 Points):

1. Describe your company’s history and organizational structure. Include the size of the firm, location of offices, years in business, organizational chart, name(s) of owner(s) and principal parties and number and position titles of staff. Include the qualifications of personnel to be assigned to this contract.

2. Identify any subcontractor, sub consultants, and/or suppliers and provide a brief history of their background and experience.

Bid # 25-38 Page 8 of 29 Firm Name:____________________________ Initials:________

3. Identify the primary business of the parent company and/or affiliates.

4. Provide a detailed description of the respondent’s experience in providing recyclable materials processing services to municipalities or other entities of a similar size to the City; specifically relating experience with respect to cost sharing arrangements.

5. Comment on other areas that may make your facility different from your competitors.

Tab C: Questions/Response to Scope of Services (20 Points):

1. Describe the respondent’s approach to performing the required Services as described in this

RFP and its approach to contract management, including its perspective and experience on cost sharing, customer service, quality control, scheduling and staff.

2. Provide a list of materials accepted by the respondent at the MRF for processing, which lists

City’s minimum material requirements.

3. Provide the name, location, operating days/hours, general description and staffing plan of the

MRF(s) where recyclable materials are to be delivered by, or on behalf of, the City. Per instructions in Section “MRF Requirements,” include the distance between the delivery location and the City Transfer Station.

4. Describe operating procedures, particularly those procedures related to inspection and handling of hazardous materials inadvertently delivered to the MRF.

5. Provide information with respect to material contamination limits, if any. Indicate any proposed financial penalties and/or actions to be taken by the respondent in the event the City exceeds such proposed contamination limits.

6. Provide the name and address of the landfill to be utilized to dispose of residuals.

7. Provide detailed information with respect to quality control methods, complaint management and resolution procedures.

8. Submit a copy of an emergency plan detailing those actions the respondent is prepared to take to address emergency situations such as fire, strike, natural disaster or hazardous/toxic spill which would require a deviation from normal operating procedures.

9. Provide a statement of the service(s) that differentiate your firm from other respondents.

10. Describe respondent’s experience and ability to sell recyclable materials from the City for the highest possible amount of revenue.

11. Provide a proposed timeline for start-up services within one month of award of an agreement.

12. Supply a signed statement that the respondent has read and will comply with all terms and conditions of this RFP. For every instance where the respondent does not propose to comply or agree to a requirement, the respondent shall propose an alternative and describe, in detail, its reason therefore.

Tab D: References, Implementation Schedule & Required Forms (20 Points):

1. References: List the name, address and telephone number of references from at least three (3) recent similar contracts. Include a brief description of the work provided for each reference.

Texas municipal or county contracts are preferred. You may offer more than three recent similar contracts if desired. The list shall include, at a minimum, the following:

a. Name of the municipality or organization;

b. Contact Name with current email address and phone number;

c. Types of services provided;

d. Date(s) of service provided (contract start and end date)

e. Indicate the number of tons processed per year.

2. Implementation Schedule: Include a detailed implementation schedule with a start date of

November 24, 2025 and note key milestones and timelines for deliverables. Identify any assumptions used in developing the schedule.

3. Required Forms:

Bid # 25-38 Page 9 of 29 Firm Name:____________________________ Initials:________

a. Provide copies of all regulatory permits required for MRF to accept municipal recyclable materials referenced herein.

b. Include evidence of insurability per Section “Insurance Requirements;”

c. Include a copy of this RFP with Firm Name and Initials on the bottom of each page completed;

d. Complete and sign all forms in the Section “Required Forms;”

e. Complete and sign the Section “Respondents Information;”

f. Sign and include all Addenda that may be issued for this RFP.

Tab E: Fees (35 Points):

1. Provide your fees for the proposed services in the Vendor Proposal Form.

2. Outline billing and payment expectations, including timing and method of payment.

3. Describe any remaining fees not previously detailed in the above.

Pricing/Fees The awarded respondent(s) shall have the opportunity to request increase to Processing Fee(s) in a percentage commensurate with the percentage increase in the Consumer Price Index, US City Average for

All Urban Consumers, Garbage and Trash Collection, Not Seasonally Adjusted, Base Period December

1983 = 100 (published by the United States Bureau of Labor Statistics, Consumer Price Index) for the twelve (12) month period ending one (1) month prior to the Anniversary Date of the subject service agreement. Processing fee increase request(s) may ONLY be made in the 30 day period prior to any

Anniversary Date, and shall be in writing – the City must agree in writing before any such increased rate is to be assessed and billed.

The City is aware that markets may not be readily available at this time for certain recyclable materials.

The cost sharing pricing sheet is a cost sharing analysis as other materials that will be supplied to the processor still have a market value. Please complete the cost sharing form (designed by a team from both

NWRA and SWANA) as it will provide both the City and the processor with the fairest pricing opportunities at this time. The Contractor will use referenced index sales value for each commodity as listed on the cost sharing pricing sheet.

Calculating Blended Value The following description provides information on calculating the combined value per each ton of recyclables comprising many individual materials, at varying associated prices, also known as Blended

Value per ton.

The value of a load of mixed recyclables may be estimated by considering the individual values of each component recyclable. The valuable can be either positive or negative depending on the quality and quantity of the recyclables and non-program materials/contamination collected and market conditions.

The calculation is based on an Indexed Sales Value.

Please use the parameters below to calculate the Blended Value of Recyclables:

1. Audited Material Composition (%): An audit is to be conducted to determine the percent that each type of recyclable comprises of the total load by weight. Residue should be included in the calculation. Proposal Fee Table herein provides respondent with percentage estimates based on actual previous audit from 1st Quarter 2025 of recyclable loads for purposes of comparison for this RFP.

2. Referenced Index: The City is requesting respondents use the Secondary Fiber Index, Southcentral Region and Secondary Materials Index, Houston (Southcentral USA) Region as

Bid # 25-38 Page 10 of 29 Firm Name:____________________________ Initials:________ applicable, with both to be current average value for the week of September 15, 2025 for this

RFP: http://www.recyclingmarkets.net/secondaryfiber/index.html and http://www.recyclingmarkets.net/secondarymaterials/index.html

3. Unit Rate Based on Referenced Index ($/Ton): This may be a negative or positive value. Please check that the per pound index price is multiplied to establish the per ton fee. Residue would be shown with a negative value.

4. Unit Rate x Composition ($): Multiply each audited material composition by its corresponding

Indexed Sales Value.

5. Blended Value ($/Ton): Add up the value of each commodity/ton and divide by the total tonnage.

The resulting value is the Blended Value.

6. Additional Costs: Include additional costs and/or incentives on Proposal Submittal Sheet.

Proposal Fee Table Please calculate Column (3) “Unit Rate based off Referenced Index $/Ton” using Current Average Value for Week of September 15, 2025 in Applicable Secondary Fiber/Market Index.

Commodity

(per the agreed upon contract categories)

(1)

Estimated Based on

Audited Material

Composition

(2)

Referenced Index

(3)

*Unit Rate Based off

Referenced Index

$/Ton

(4)

Unit Rate X

Composition %

OCC 31%

Secondary Fiber

Index

Mixed Paper 17% Secondary Fiber

PET (#1) 5%

Secondary Market

#2 Natural HDPE 3%

#2 Pigment HDPE 2%

Mixed Rigid Plastic

(#3-7) 8%

Mixed Glass 12%

Steel/Tin 4%

Aluminum 2%

Residue 16%

100%

(5) Blended Values of each ton of recyclables

Sum $/total tonnage

Provide Any Additional Costs Per Ton: $

Provide a Comprehensive List of Additional Costs Per Ton (i.e., listing/description of cost components comprising additional costs): $

Total Per Ton (Blended Value + Additional Costs): $

Provide Any Additional Incentives Per Ton: $

Provide a Comprehensive List of Related Incentives Per Ton (i.e., listing/description of incentive components comprising additional incentives): $ http://www.recyclingmarkets.net/secondaryfiber/index.html http://www.recyclingmarkets.net/secondarymaterials/index.html

Bid # 25-38 Page 11 of 29 Firm Name:____________________________ Initials:________

Flat Rate $ (Price Per Ton)

Revenue Share (RS) %

Processing Fee (PF) $

Blended Value (BV) $

Total Per Ton (Net Rev = BV - PF) $

If Net Rev>0, split revenue 50% $ (Paid to the City)

If Net Rev<0, split revenue 50%

Contamination Percentage Acceptance %

Contamination Cost $ (Price Per Ton)

Transportation Cost

Tipping Fee

Total Additional Costs $

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.

Insurance Requirements The awarded responder 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 responder 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 # 25-38 Page 12 of 29 Firm Name:____________________________ Initials:________

Required Forms

Conflict of Interest

Bid # 25-38 Page 13 of 29 Firm Name:____________________________ Initials:________

Bid # 25-38 Page 14 of 29 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 Purchasing Agent at (936) 291-5981, City Hall, 1212 Avenue M, Huntsville, TX 77340.

Bid # 25-38 Page 15 of 29 Firm Name:____________________________ Initials:________

Bid # 25-38 Page 16 of 29 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 # 25-38 Page 17 of 29 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 # 25-38 Page 18 of 29 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

Bid # 25-38 Page 19 of 29 Firm Name:____________________________ Initials:________

Prohibition of Contracts Discriminating Against Energy, & Energy Company Boycott 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 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

Bid # 25-38 Page 20 of 29 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 # 25-38 Page 21 of 29 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 # 25-38 Page 22 of 29 Firm Name:____________________________ Initials:________

Non-Collusion Affidavit

1. He/she is ____________________________________of___________________________, the responder 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 responder 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 responder, 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 responder, firm or person to fix the price or prices in the attached bid or of any other responder, of to fix an overhead, profit or cost element of the bid price of the bid price of any other responder, 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 responder which gives that particular/potential responder any advantage over any other interested responder 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 responders bid/proposal. Prior to an award any communication with a member of the selection committee or governing board will cause to void that particular responders 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 responder attests that no improper communication has occurred resulting in an advantage over any other responder, potential responder, 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 responder or any of its agents, representative, owners, employees, or parties in interest, including this affidavit.

Signature

Printed Name

Firm Name

Bid # 25-38 Page 23 of 29 Firm Name:____________________________ Initials:________

Bid Term & 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.