ESBD_File_337268_NO. 23-61 Safety Work Boots.pdf

Bid # 23-61 Page 1 of 25 Firm Name:____________________________ Initials:________

INVITATION FOR BID (IFB) NO. 23-61

“Safety Work Boots”

Table of Contents Tentative Schedule of Events Introduction General Instructions

Bid Submittals

Information Award Terms of Contract

Termination of Contract Special Terms & Conditions

Preparation of Bid

Written Modification Qualification of Responders

Addenda & Interpretations Laws and Regulations Obligation of Responder

Bid Tabulation Scope of Work

Materials Minimum Requirements Pricing and Invoicing Quantity

Price Table

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

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:

3:00 P.M., Central Daylight Time October 5, 2023

MARK ENVELOPE: “Solicitation Packet 23-61”

ALL PAGES MUST BE INITIALED AND RETURNED,

IF NOT BID MAY BE REJECTED.

RETURN SEALED IFB:

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

Bid # 23-61 Page 2 of 25 Firm Name:____________________________ Initials:________

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

Bid Term & Conditions

No-Bid Statement Responders Information

Tentative Schedule of Events

September 21, 2023 – Release Bid

September 28, 2023 – Questions Due to Procurement Manager

October 5, 2023 at 3:00 P.M. – Public Bid Opening

October 2023 – Award Preparation

Introduction The City of Huntsville is accepting solicitations for safety work boots. 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 bid packets must be delivered to Attention of:

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

Solicitation Packets must be received by

October 5, 2023 at 3:00 P.M. Central Daylight 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

Packet 23-61”. 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, 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.

Bid Submittals Bidders 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 bid, 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.

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

Bid # 23-61 Page 3 of 25 Firm Name:____________________________ Initials:________

Award The City of Huntsville reserves the right to award to the most responsible and responsive bidder 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 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 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 bids that do not meet specifications stated herein or reject all bids 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 a period of one (1) year from date of purchase order on or around

November 1, 2023 – October 31, 2024. The City may request a two (2) year option to renew. First renewal November 1, 2024 – October 31, 2025, and second renewal November 1, 2025 – October 31, 2026. This option to extend is contingent on budget availability and City Council approval and set to expire October 31, 2026, however, should the budget not be approved the contract shall terminate effective September 30 of each year.

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 bidder 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 satisfactorily deliveries performed before the termination date. The vendor shall have the right to cancel the contract upon a thirty (30) days written notice to the City of Huntsville. The vendor will be compensated for the satisfactorily 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 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 bid line items in whole, parts or to reject any and all bids or bid 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.

Bid # 23-61 Page 4 of 25 Firm Name:____________________________ Initials:________

Preparation of Bid Each bid 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 bid 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. Bids submitted by a partnership must be signed by one of the partners. Bids 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. Bids submitted by a sole proprietorship must be signed by the proprietor.

Written Modification Any responder may modify their bid 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 bid 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 Procurement

Manager, Lucy Gonzalez in writing via e-mail at lgonzalez@huntsvilletx.gov or sent via mail addressed to the Purchasing Department at 448 SH 75 North, Huntsville, Texas 77320. All questions or request for interpretation must be received by September 28, 2023 @ 5:00 P.M. as addressed above. All questions or requests for interpretation concerning the solicitation received after September 28, 2023 @ 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 October 2, 2023 @ 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.

Bid # 23-61 Page 5 of 25 Firm Name:____________________________ Initials:________

Obligation of Responder At the time of the opening of the bid 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 bid.

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 Procurement Manager, Lucy Gonzalez at (936) 291-5495 or e-mail lgonzalez@huntsvilletx.gov.

Scope of Work Materials

1. All materials used shall be subject to the approval of the City of Huntsville. Boots shall comply with the requirements of ASTM Standards for Foot Protection and/or OSHA 29 CFR

Personal Protection;

2. All items and materials must be new and unused;

3. All boots must be manufactured utilizing full grain leather with the exception of leather/rubber combination for water resistant boots;

4. All boots must have a cushion insole;

5. Tint/color of boots shall by either brown/tan or black.

Minimum Requirements

• Must have ability to invoice City of Huntsville;

• Must have ability for City of Huntsville staff to purchase in store within city limits of Huntsville, TX;

• Must have available stock of all agreed to boots, if out of stock must be able to offer replacement at same price or stock outs available within 5 business days;

• Must have ability to have a minimum of three brands in store;

• Must have store hours at a minimum of 10:00 am to 5:00 pm Monday – Friday except holidays;

• Special order boots must have prior written approval from the City of Huntsville

Pricing and Invoicing

• Pricing shall include the cost of the product and cost of delivery as offered in this bid and shall incorporate all related charges including, but not limited to fuel surcharge, environmental, drop ship charges, demurrage, or any extraneous charge. The City of Huntsville is exempt from state sales tax.

• All purchases are to be invoiced to the City of Huntsville, 1212 Ave M Huntsville, TX 77340.

• Each invoice is to include the buyer’s name and City of Huntsville employee number. The awarded responder will be provided with information authorizing the purchase of each pair of boots.

• The City of Huntsville will meet with awarded responder prior to any authorized purchase to ensure proper procedures are followed for both parties.

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

Bid # 23-61 Page 6 of 25 Firm Name:____________________________ Initials:________

• The City of Huntsville understands that makes and model numbers may be discontinued at no fault of the awarded responder. Awarded responder to notify the City with replacement make and model number prior to sale.

Quantity Yearly estimated quantiles of 150 boots based upon the best available information. The City reserves the right to increase or decrease the quantities by any amount deemed necessary to meet its needs without any adjustments in the unit bid prices.

Price Table

Responder to list all brands and model numbers they wish to sell to the City of Huntsville. Responders may bid any combination, brand only, model number only or mix brand and model number. Responder may add other for sale items to the pricing table. City will base award on discount percentage off MSRP, Manufacturers Suggested Retail Price.

Line Item Brand Name Model

Number Available in store (Yes/No)

MSRP

Price

MSRP %

Discount

Price after MSRP Discount / Final Price

EXAMPLE Justin Brand 2450 Yes $120.00 30% $84.00

Option 1

Option 2

Option 3

Option 4

Option 5

Option 6

Option 7

Option 8

Option 9

Option 10

Bid # 23-61 Page 7 of 25 Firm Name:____________________________ Initials:________

Required Forms

Conflict of Interest

Bid # 23-61 Page 8 of 25 Firm Name:____________________________ Initials:________

Bid # 23-61 Page 9 of 25 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 # 23-61 Page 10 of 25 Firm Name:____________________________ Initials:________

Bid # 23-61 Page 11 of 25 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 # 23-61 Page 12 of 25 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 # 23-61 Page 13 of 25 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 # 23-61 Page 14 of 25 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 # 23-61 Page 15 of 25 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 # 23-61 Page 16 of 25 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 # 23-61 Page 17 of 25 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 done business within the preceding twelve

(12) months. References may be checked prior to award. Any negative responses received may result in disqualification of the bid. (Form is attached for your convenience below)

Reference 1

COMPANY NAME: __________________________________________________________

CONTACT: _________________________________________________________________

ADDRESS: _________________________________________________________________

PHONE #: __________________________________________________________________

Reference 2

Reference 3

Bid # 23-61 Page 18 of 25 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 # 23-61 Page 19 of 25 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. If the City determines that standards and specifications are in literal compliance and not all standards and specifications have been met or exceeded, the City must base such a determination on its finding that any standards and specifications which have not been met or exceeded do not render the bidder product any less usable for the purpose for which it is intended.

ADDENDA: Any interpretations, corrections or changes to an

Invitation for Bid and/or Request for

Proposal will be made by addenda.

Sole issuing authority of addenda shall be vested by the City of

Huntsville’s Purchasing

Department. Addenda may be posted on the City of Huntsville’s web site and may be distributed to all who are known to have received a copy of this Invitation for Bid and/or Proposal will receive written notification. The City assumes no responsibility for the bidder’s failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the bid to be rejected. The City of

Huntsville’s decision to accept or reject any particular bid due to a failure to acknowledge and submit addenda shall be final.

Bid # 23-61 Page 20 of 25 Firm Name:____________________________ Initials:________

ADVERTISING: Any advertising or promotions used which the Cities award is showcased, placed in written technology or verbal communication must be expressly authorized in writing by the City.

ALTERING BIDS: Bids cannot be altered or amended after the submission deadline without acceptable reason and without the approval of the purchasing manager.

Any interlineations, alteration, or erasure made before opening time should be initialed by the signer of the bid, guaranteeing authenticity.

AMENDMENTS: Chapter 176 of the Texas Local Government Code requires a person or agent of a person who contracts or seeks to contract for the sale or purchase of property, goods, or services with a local governmental entity to submit a Conflict of Interest Questionnaire to the appropriate records administrator of the City not later than the seventh business day after the date the person begins contract discussions or negotiations with the local governmental entity, or submits to the local governmental entity an application, response to a request for proposal or bid, correspondence, or another writing related to a potential agreement with the local governmental entity. For purposes of this bid, you may submit the completed form with your response. Each vendor is responsible for verifying they are using the most current form available from www.ethics.state.tx.us. This legislation is subject to change and each vendor should consult their own attorney regarding the current law.

ASSIGNMENT: The vendor is prohibited from transferring their rights and duties nor shall the vendor sell, assign, transfer or convey this contract, in whole or in part, without the prior written consent of the City of Huntsville.

All subcontractors must be approved in writing by the City prior to any work being initiated.

BID AWARD: The City of

Huntsville reserves the right to award bids on the lump sum or unit price basis. If the bidder desires the

City to consider and all-or-none bid, it must be stated on the bid sheet (s).

The City reserves the right to audit or inspect vendor’s business records not limited to financial statements, liability insurance, bonding, and worker’s compensation insurance and to request business references.

All awards will be based on the best interest of the City, but not necessarily limited to, the following factors:

a. Conformity to specifications;

b. Purchase price, including payment discount terms;

c. The reputation of the bidder and of the bidder’s goods or services;

d. The quality of the bidder’s goods or services;

e. The extent to which the goods or services meet the City’s needs

f. The bidder’s past relationship with the

City;

g. Delivery terms;

h. Availability of repair and maintenance parts;

i. Financial condition;

j. The total long-term cost to the City to acquire the bidder’s good or services; and

k. Any relevant criteria specifically listed in this request for bid.

BRAND NAMES: Specifications may reference name brands, make, and/or model numbers. Any reference made to brand, make, and/or model used in specifications is for descriptive purposes only.

Products/materials of like quality will be considered. The City shall act as sole judge in determining equality and acceptability of products offered.

CHANGE ORDERS: No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in the resulting contract. All change orders to the contract will be made in writing and may require approval of the City

Council.

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

COMPLIANCE: This bid and vendor and/or contractor must comply with all federal, state, City and local laws concerning these types of service. The vendor is prohibited from discriminating due to racial, sexual, religious, disability, or any other grounds.

Any known discrimination is grounds for immediate cancellation of contract at the sole expense of the vendor.

CONFLICT OF INTEREST: No public official shall have interest in http://www.ethics.state.tx.us/

Bid # 23-61 Page 21 of 25 Firm Name:____________________________ Initials:________ this contract, in accordance with

Vernon's Texas Codes Annotated, Local Government Code Title 5.

Subtitle C, Chapter 171.

CONTRACT: This bid, when properly accepted by the City of

Huntsville, shall constitute a contract equally binding between the successful bidder and the City of

Huntsville. No different or additional terms or addendums, supplements, or amendments will become a part of this contract unless agreed to and signed by both the successful bidder and the City without the prior written approval of the City of Huntsville. Should any change in terms be requested by the vendor after the contract has been awarded, the City reserves the right to cancel the contract and award the bid to the next responsible responsive bidder. If during the life of the contract, the successful bidder's net prices to other customers for items awarded herein are reduced below the contracted price, it is understood and agreed that the benefits of such reduction shall be extended to the City. The

City reserves the right to reject the bid of any bidder who is in violation of any City Ordinance. The City may, at its option, choose to negotiate a settlement of the ordinance violation as a condition of the bid award.

CONTRACT TERMINATION:

The City may terminate this contract at any time upon thirty (30) calendar days written notice. Upon the

Service Provider’s receipt of such notice, the Service Provider shall cease work immediately. The

Service Provider shall be compensated for the services satisfactorily performed prior to the termination date. If, through any cause, the Service Provider fails to fulfill its obligations under this contract, or if the Service Provider violates any part of the agreement of the contract, the City has the right to terminate this contract by giving the

Service Provider five (5) calendar days written notice. The Service

Provider will be compensated for the services satisfactorily performed before the termination date.

Termination of the contract for cause shall be deemed as sufficient evidence and cause to remove the vendor’s name from the bidder’s list for receiving future bids. No terms or provision of the contract shall be construed to relieve the Service

Provider of liability to the City for damages sustained by the City because of any breach of contract by the Service Provider. The City may withhold payments to the Service

Provider until the exact amount of damages due to the City from the

Service Provider is determined and paid. City reserves the right to order from another vendor in which an emergency or urgent need becomes necessary. If the City terminates the contract, the City will equitably compensate Contractor in accordance with the provisions of this contract for the services properly performed prior to the date specified in such notice following inspection and acceptance of same by the City. Contractor, will not, however, be entitled to lost or anticipated profits, special damages or consequential damages should the CITY choose to exercise it option to terminate.

DELIVERY: All delivery and freight charges (FOB City of

Huntsville designated location) are to be included in the bid price. The

City assumes no liability of goods delivered in a damaged or unacceptable condition.

DISCLOSURE REQUIREMENT:

Chapter 176 of the Texas Local

Government Code mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City, including affiliations and business and financial relationships such persons may have with the City officers or officials. An explanation of the requirements of Chapter 176, applicable forms and a complete text of the law is available by contacting the City of Huntsville

City Secretary, 1212 Ave. M

Huntsville, TX 77340. By doing business or seeking to do business with the City you acknowledge that you have been notified of your sole responsibility to comply with

Chapter 176 of the Texas Local

Government Code.

EXCEPTIONS/SUBSTITUTION

S: All bids meeting the intent of this invitation to bid will be considered for award. Bidders taking exception to the specifications, or offering substitutions, shall state these exceptions in the section provided or by attachment as part of the bid.

The absence of such a list shall indicate that the bidder has not taken exceptions and shall hold the bidder responsive to perform in strict accordance with the specifications of the invitation. The

City of Huntsville reserves the right to accept any and all or none of the exception(s)/substitution(s) deemed to be in the best interest of the City.

FIRM PRICE: Bidders must hold bid prices firm for 120 days after the bid opening date to allow the City sufficient time to award a contract.

Once a contract is awarded, the successful bidder must hold bid prices firm for the duration of the contract.

FORCE MAJEURE: Vendor will not be held liable for noncompliance for any reasonable delay due to

Force Majeure. Force Majeure is any delay caused by acts of God and or labor strikes.

FORM: Bids must be submitted on the City’s form only. Bidder shall provide with this bid/proposal response, all documentation required. Failure to provide this information may result in rejection of bid. Bidders are required to submit bids itemized and prices extended when required. Bidders must return the entire original bid

Bid # 23-61 Page 22 of 25 Firm Name:____________________________ Initials:________ document with Invitation for Bid or

Request for Proposal. Vendors should not change or alter packet in any way.

FUNDING: Award and funding of the bid, proposal, and contract is pending City of Huntsville City

Council approval. State of Texas statutes, Local Government Code

271.903 prohibit the obligation and expenditure of public funds beyond the fiscal year for which a budget has been approved. Therefore, anticipated orders or other obligations that may arise past the end of the current City of Huntsville fiscal year shall be subject to budget approval. The City reserves the right to rescind the contract at the end of each fiscal year if determined that there are insufficient funds to extend the contract and no cost.

INDEMNIFICATION

AGREEMENT: The contractor agrees to indemnify, hold harmless and defend the City of Huntsville, its officers, agents and employees, both past and present, from and against any and all liability for any and all claims, liens, suits, demands, and actions for damages, injuries to persons

(including death), property damage (including loss of use), and expenses, (including court costs, attorneys’ fees and other reasonable costs of litigation) arising out of or resulting from

Contractor’s work and activities conducted in connection with or incidental to this contract and from any liability arising out of or resulting from intentional acts or negligence of the

Contractor, including all such causes of action based upon common, constitutional, or statutory law, or based in whole or in part upon the negligent or intentional acts or omissions of Contractor, including but not limited to its officers, agents, employees, subcontractors, licensees, invitees, and other persons.

It is the express intention of the parties hereto, both the City and the Contractor, that the indemnity provided for in this

Contract indemnifies and protects the City from the consequences of the City’s own negligence to the fullest extent of the law.

INTERLOCAL

COOPERATIVE: Other government entities within the State of Texas may be extended the opportunity to purchase off of the

City of Huntsville’s solicitation, with the consent and agreement of the successful vendor(s) and the

City. Such consent and agreement shall be conclusively inferred from lack of exception to this clause in vendor’s response. However, all parties indicate their understanding and all parties hereby expressly agree that the City is not an agent of, partner to or representative of those outside agencies or entities and the City is not obligated or liable for any action or debts that may arise out of such independently, negotiated

“piggyback” procurements.

ITEMS supplied under this contract shall be subject to the City's approval. Items found defective or not meeting specifications shall be picked up and replaced by the successful bidder at the next service date at no expense to the City. If an item is not picked up within reasonable time after notification, the item will become a donation to the City for disposition.

LATE BIDS: Bids received after submission deadline will be considered void and unacceptable.

The City of Huntsville is not responsible for lateness or non-delivery of mail, carrier, delivery etc., and the date/time stamp in the

City Secretary's Office shall be the official time of receipt. Late bids will remain unopened and returned to the address on the outside of the envelope.

LAWS: This agreement will be governed and construed by the State of Texas Local Government Code, City Charter, City Ordinance, and

City Purchasing Policy. Information in the record is deemed public record in accordance with the Texas

Public Information Act. This agreement is performable in the City of Huntsville, Huntsville, Texas.

Each party consents to the exclusive jurisdiction of the state courts having jurisdiction in the City of

Walker, Texas. This Contract will be governed by and interpreted in accordance with the laws of the

State of Texas, without regard to conflict of laws principles

NOTIFICATION: The City uses multiple channels for the notification and dissemination of all…