ESBD_File_338956_NO. 23-42 Aerial Fireworks Display.pdf

Bid # 23-42 Page 1 of 28 Firm Name:____________________________ Initials:________

INVITATION FOR BID (IFB) NO. 23 - 42

“Aerial Fireworks Display”

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

Technical Specifications

Selection Criteria Bid Requirements Appropriation and Budget Scope of Services

General Program Requirements

Contractors’ General Responsibilities/Rights for the Program City’s General Responsibilities for Program:

Postponement and/or Cancellation:

Price Table Price Adjustments Safety Standards & Accident Prevention

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

Sealed solicitations shall be received no later than:

2:00 P.M., Central Daylight Time October 26, 2023

MARK ENVELOPE: “Solicitation Packet 23-42”

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 # 23-42 Page 2 of 28 Firm Name:____________________________ Initials:________

Insurance Requirements

Required Forms Conflict of Interest

Certificate of Interested Parties Form 1295 Israel Verification Form Iran, Sudan and Foreign Terrorist Organizations Verification Form Firearm Verification Form

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

Form Critical Infrastructure Verification Form Texas Public Information Act Verification Form References

Non-Collusion Affidavit Bid Term & Conditions No-Bid Statement

Responders Information

Tentative Schedule of Events

October 4, 2023 – Release Bid

October 12, 2023 – Questions Due to Procurement Manager

October 26, 2023, 2:00 P.M. – Public Bid Opening

November 2023 – Award Preparation

Introduction The City of Huntsville is accepting proposals for Provision of an Aerial Fireworks Display for July 4, 2024, July 4, 2025, July 4, 2026, July 4, 2027 and July 4, 2028. The City of Huntsville is aware of the time and effort you expend in preparing and submitting solicitations 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

July 13, 2023 at 2:30 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 23-42”. 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 mailto:lgonzalez@huntsvilletx.gov

Bid # 23-42 Page 3 of 28 Firm Name:____________________________ Initials:________ 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.

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 for the July 4, 2024; with four additional one (1) year renewals for July 4, 2025, July 4, 2026, July 4, 2027 and July 4, 2028 contingent upon budget and City Council approval.

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.

http://www.huntsvilletx.gov/bids http://www.publicpurchase.com/

Bid # 23-42 Page 4 of 28 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 October 12, 2023 @ 5:00 P.M. as addressed above. All questions or requests for interpretation concerning the solicitation received after October 12, 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 17, 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 # 23-42 Page 5 of 28 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.

Technical Specifications Selection Criteria

Factor Weight

1.

Responsiveness: The City will consider the materials submitted by the proposer to determine whether the proposer is in compliance with the RFP.

20%

2.

Creativity, variety and content of fireworks display.

Generally, the perceived value by the City for the budgeted amount.

50%

3.

Responsibility: The City will consider the materials submitted by the proposer and other evidence it may obtain to determine the company’s ability and history of successfully completing contracts of this type, meeting projected deadlines and experience in similar work.

30%

TOTAL CRITERIA WEIGHT

100%

Bid Requirements The following information or items MUST be included in the Contractors proposal.

Display description - A detailed description of the proposed fireworks display must be included. The description should be broken down into an opening, main display, and grand finale. The proposal should include choreography to patriotic music, along with a welcoming address to attendees.

Shell information – Within the display description you must include the number, type and size of shells to be used for each individual show.

Shell sub-totals/totals – Provide a count of shells for each segment of the display as well as a grand total for the entire Program for each individual show.

Payment and fee schedule – Include a proposed payment schedule for the contracted services. Be sure to include any deposits, cancellation, or rescheduling fees if applicable. Include special circumstances related to any additional fees. Additional services offered should also be included with pricing.

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

Bid # 23-42 Page 6 of 28 Firm Name:____________________________ Initials:________

References – Include at least three (3) current references of similarly sized programs, with contact names, email addresses and telephone numbers.

Appropriation and Budget The appropriation and estimated budget for this project is $30,000 per year.

Scope of Services The Contractor shall, for the term of this Agreement, furnish all labor, materials, equipment, and supervision necessary for an annual Fourth of July fireworks Program, hereafter referred to as “Program”, as specified in this Scope of Services. The City shall not provide any labor or staffing directly related to the provision of the fireworks display services described herein.

General Program Requirements LICENSES AND PERMITS: Contractor shall ensure that they possess a valid general public display license. Contractor shall, at their own cost, procure all permits and/or licenses required by Federal, State, and County authorities.

SHOW DATE AND TIME: Contractor shall perform the Program, as specified herein, on July 4, 2024, July 4, 2025, July 4, 2026, July 4, 2027 and July 4, 2028, at 9:15 P.M. unless the City, at its sole discretion, either postpones the display due to inclement weather, or postpones or cancels the display due to a local ban on burning and/or fireworks.

POSTPONEMENT: If the City postpones the Program, then Contractor agrees to perform the Program on July 5th at 9:00 P.M., unless the City, at its sole discretion further postpones the Program due to inclement weather.

ALTERNATE DATE: If the City postpones the program on both July 4th and July 5th then the City shall attempt to reschedule the Program with Contractor to a mutually acceptable date and time.

DELAYS: Contactor understands that delays or rescheduling may occur due to inclement weather and/or local restriction on fireworks and/or burning. Contractor shall not be entitled to any additional fees and/or expenses due to any delays or rescheduling of the Program, other than as set forth herein.

RIGHT TO CANCEL: If the Contractor is unable to perform the Program on a date acceptable to the

City, then the City reserves the right to cancel the Program at no cost to the City.

Contractors’ General Responsibilities/Rights for the Program Contractor shall perform the Program, as outlined herein subject to the following requirements:

PROGRAM DURATION: The Contractor shall ensure that the Program consists of a minimum of three sections. The sections shall consist of an opening display, a main display, and a grand finale. The total program shall last no less than twenty (20) minutes, and no longer than thirty (30) minutes.

LOCATION: The Contractor shall perform the Program at Kate Barr Ross Park, 486 Hwy 75 N, Huntsville, TX 77320.

TRANSPORTATION: The Contractor is responsible for and must arrange for transportation of their staff, supplies, and equipment to the launch site.

Bid # 23-42 Page 7 of 28 Firm Name:____________________________ Initials:________

SETUP TIME: The Contractor shall ensure that all equipment and or materials required for the Program are properly setup no later than 4:00 p.m. on the day of the show.

LAUNCH RATE: The Contractor shall launch shells at a moderate rate without long periods of hesitation.

GRAND FINALE: The Grand Finale must be designed and launched in a manner that makes it obvious that it is the Grand Finale for Program.

WEATHER CONDITIONS: The Contractor shall perform Program in all weather conditions except for torrential rain and wind of greater than 20 mph.

CLEAN-UP: The Contractor shall be responsible for setting up, tearing down, and cleaning the area around the Program, including removal of all “dud” material.

SAFETY PRECAUTIONS: The Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to all employees on or near the

Program site and other persons including, but not limited to, the general public who may be affected thereby.

UNSAFE CONDITIONS: If the Contractor deems that the location of the firing site, spectators’ location, parking areas, or structures is unsuitable or unsafe, then the Contractor may refuse to fire the

Program display until such conditions are corrected. If such conditions are not corrected or are unable to be corrected in a reasonable time by the City, then the Contractor may cancel the Program display without liability to the City for such cancellation.

AERIAL IMAGE:

City’s General Responsibilities for Program:

The City shall secure the firing site location and fall-out area.

The City shall provide necessary police and/or fire protections.

Bid # 23-42 Page 8 of 28 Firm Name:____________________________ Initials:________

The City shall endeavor to keep all persons, other than those persons employed by Contractor, away from any areas designated as “danger areas” by the Contractor and, as directed by the Contractor, behind safety zone lines and limits.

Postponement and/or Cancellation:

The City shall reserve the right to postpone the Program due to inclement weather.

The City shall reserve the right to either postpone or cancel the Program if a local ban on either burning or fireworks is in effect.

If the City postpones the Program, then the Contractor shall perform the Program on a date acceptable to the City pursuant to the relevant section on Page 6 of these specifications.

If the Program is postponed and Contractor cannot perform the Program on a date acceptable to the City, then the City may, at its sole discretion, cancel the Program.

If, pursuant to this Section, the Program is cancelled by the City, then the City shall not be liable to the

Contractor for any fees, expenses, or costs associated with either the Program or the cancellation thereof, other than as set forth below.

The parties understand and agree that if Contractor has not set up to perform the Program prior to the postponement, rescheduling, and/or cancellation, then the City shall not be liable to pay any Rescheduling

Fee to Contractor.

Price Table

Description

Total Bid Amount

Aerial Fireworks Display

July 4, 2024

July 4, 2025

July 4, 2026

July 4, 2027

July 4, 2028

Grand Total (2024, 2025, 2026, 2027 and 2028)

Should you have any videos of your work, please provide a link here:

Price Adjustments Pricing shall remain firm during the first term of the contract; however, the bidder may offer incentive discounts from the fixed price to the City anytime during the contractual term.

Bid # 23-42 Page 9 of 28 Firm Name:____________________________ Initials:________

Should market conditions dictate a price increase, the successful respondent may submit documentation requesting permission to increase pricing no later than 30 calendar days prior to the end of the active contract term. Documentation must justify price adjustments, which may be allowed for pass through price changes provided by the manufacturer. If the awarded respondent fails to request a price increase in writing no later than 30 calendar days prior to the end of the active contract term, pricing will remain the same and no increase will be allowed for the duration of that option period. Escalation may only occur at the time of renewal and only upon securing the approval of the City in writing.

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 # 23-42 Page 10 of 28 Firm Name:____________________________ Initials:________

Required Forms

Conflict of Interest

Bid # 23-42 Page 11 of 28 Firm Name:____________________________ Initials:________

Bid # 23-42 Page 12 of 28 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 # 23-42 Page 13 of 28 Firm Name:____________________________ Initials:________

Bid # 23-42 Page 14 of 28 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 # 23-42 Page 15 of 28 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 # 23-42 Page 16 of 28 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 # 23-42 Page 17 of 28 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 # 23-42 Page 18 of 28 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 # 23-42 Page 19 of 28 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 # 23-42 Page 20 of 28 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 # 23-42 Page 21 of 28 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 # 23-42 Page 22 of 28 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 # 23-42 Page 23 of 28 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 # 23-42 Page 24 of 28 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.