ESBD_File_351535_NO. 24-19 Aquatic Center Slide Re-Bid.pdf

Bid # 24-19 Page 1 of 28 Firm Name:____________________________ Initials:________

INVITATION FOR BID (IFB) NO. 24-19

“Aquatic Center Slide Repair Re-Bid”

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 Bid Bond Performance and Payment Bond Bond Information Change Orders Laws and Regulations Obligation of Responder Bid Tabulation

General Information Scope of Work

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

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:

2:30 P.M., Central Standard Time March 20, 2024

MARK ENVELOPE: “Solicitation Packet 24-19”

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 # 24-19 Page 2 of 28 Firm Name:____________________________ Initials:________

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

February 21, 2024 – Release Bid

February 24 and March 2, 2024 - Legal Advertisement

March 7, 2024, 2:30 P.M. – Site Visit

March 11, 2024 – Questions Due to Procurement Manager

March 20, 2024, 2:30 P.M. – Public Bid Opening

March 2024 – Award Preparation

Introduction The City of Huntsville is requesting bids to establish a purchase order for services to repair and fabricate the platform and stairs for the slide at the Frank D. “Poncho” Roberts Aquatics Center. This is a re-solicitation of Bid NO. 24-01 “Huntsville Aquatic Center Slide Repair.” 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

March 20, 2024 at 2:30 P.M. Central Standard Time

It is the sole responsibility of respondent 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 24-19”. All late packets will be returned to respondent unopened when properly marked. Public reading is scheduled to be held at the date and time listed above at City Hall, 1220 11th Street, Huntsville, Texas. You are invited to attend.

Bid # 24-19 Page 3 of 28 Firm Name:____________________________ Initials:________

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.

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 Installation and all specified work is to be completed within ninety (90) calendar days of issuance of the Notice to Proceed.

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

Bid # 24-19 Page 4 of 28 Firm Name:____________________________ Initials:________ 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.

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 requests for interpretation must be received by March 11, 2024 @ 5:00 P.M. as addressed above. All questions or requests for interpretation concerning the solicitation received after March 11, 2024 @ 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 March 13, 2024 @ 5:00 P.M. on the City of Huntsville website, Public Purchase website and Electronic State Business Daily website. All addenda so issued shall become part of the contract documents, and receipt thereof shall be acknowledged in the space provided in the solicitation document. It is the responsibility of the responder to verify all addendums and interpretations.

Bid # 24-19 Page 5 of 28 Firm Name:____________________________ Initials:________

Bid Bond This project will not require the submittal of a bid bond.

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

Should these bonds not be provided within ten calendar days from the conditional notification of award, the City of Huntsville reserves the right to award to next responsible, responsive firm. Original performance and payment bonds are to be submitted to the Procurement Manager, 448 SH 75N Huntsville, TX 77320. The bonds shall remain in effect until both the final payment is made and the closeout of the project is finalized.

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

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

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

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

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

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

General Information The City of Huntsville is requesting bids to establish a purchase order for services to repair and fabricate the flatform and stairs for the slide at the Frank D. “Poncho” Roberts Aquatics Center located at 912 Avenue N, Huntsville, Texas, 77320. This project has an estimated budget of $60,000.

Any manufacturer’s names, trade names, brand names, or catalog numbers used in the specifications are there for the purpose of establishing and describing style, general performance and quality levels. Such http://www.huntsvilletx.gov/business/bids_and_rfps/bid_tabulations/ mailto:lgonzalez@huntsvilletx.gov

Bid # 24-19 Page 6 of 28 Firm Name:____________________________ Initials:________ references are not intended to be restrictive, and bids are invited on these and comparable brands or products of any manufacturer. If bidding other than the referenced brand, please submit full descriptive literature with bid.

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

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

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

The City will designate a project manager for this contract who will serve as the point of contact between the City and the awarded respondent. The instructions of the Project Manager are to be strictly and promptly followed.

The City project manager will decide any and all questions that may arise as to the quality and accountability of the work performed, and as to the manner of performance and rate of progress of work.

Failure of the City project manager to (i) discover or reject unacceptable work; (ii) discover work not in accordance with the contract; or (iii) failure to exercise any remedies in connection therewith, shall not be deemed an acceptance thereof.

The awarded respondent shall provide and maintain barricades, warning devices and construction signs as needed to ensure the health and safety of the public. Judgement as to adequate or sufficient barricading shall be that which is adequate or sufficient in the opinion of the City project manager.

The awarded respondent understands and agrees that work, installation or any other service performed without the prior written approval of the City is work outside of the scope of this contract and shall be performed exclusively at the risk and expense of the awarded respondent.

The awarded contract may be extended by the City because of change orders in the work or due to unforeseeable delays not within the control of or arising from the fault of either party. Claims or extensions of time must be made in writing and supported by sufficient written evidence to justify the claim. If approved, claims for extension of time shall be granted by a written change order.

Scope of Work Provide all labor, materials, tools, equipment, coordination and supervision of slide repairs as detailed in the attached structural drawings, labeled as Job No. 0074-010-S09.

The structural drawings represent the completed structure with all elements properly installed in their final positions.

Bid # 24-19 Page 7 of 28 Firm Name:____________________________ Initials:________

The awarded respondent will be responsible for all means and methods of construction, including the design, construction, sequencing, and maintenance of any shoring, bracing or other temporary support or erection devices as may be required.

All work is subject to inspection and acceptance by the project manager and structural engineer.

The awarded respondent shall be responsible for all site safety and conformance to all safety regulations prescribed by Federal, State and Local authorities, including adherence to all OSHA requirements in effect at the time of construction.

For products specified by reference to an association or where required work has a trade standard, comply with requirements and recommendations stated in that standard, except when requirements are modified by the drawings or applicable codes establish stricter standards.

Where copies of standards are needed for proper performance of work, obtain such copies directly from publication source.

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.

Bid # 24-19 Page 8 of 28 Firm Name:____________________________ Initials:________

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

Copy of insurance to be supplied prior to award

Bid # 24-19 Page 9 of 28 Firm Name:____________________________ Initials:________

Price Table

Description Amount Amount In Words

Huntsville Aquatic Center Slide Repair $______________ ________________________dollars and ___________cents

Explain Desired Payment Schedule Below:

___________% at _______________________________Milestone

Note: Milestone payment requests must be approved by the City Project Manager and Structural Design Engineer

Number. of Calander Days to Provide Submittals After Award: ________________________ Days Number of Calander Days to Fabricate Needed Items After Submittal Approval: _____ ______ ____ Days Number of Calander Days to Complete Repair and Installation After Fabrication: __________ ______ Days

Site Visit A non-mandatory site visit will be conducted on Thursday, March 7, 2024 at 2:30 P.M. at the Frank D.

“Poncho” Aquatics Center, 912 Ave N, Huntsville, TX 77320, All who wish to attend may pre-register. Please contact Lucy Gonzalez, Procurement Manager via email:

lgonzalez@huntsvilletx.gov no later than Wednesday, March 6, 2024 at 5:00 PM.

Include:

Bid: Aquatic Center Slide Repair Re-Bid NO. 24-19 Company Name:

Representative’s Name:

Phone Number:

Email:

mailto:lgonzalez@huntsvilletx.gov

Bid # 24-19 Page 10 of 28 Firm Name:____________________________ Initials:________

Required Forms

Conflict of Interest

Bid # 24-19 Page 11 of 28 Firm Name:____________________________ Initials:________

Certificate of Interested Parties Form 1295

Bid # 24-19 Page 12 of 28 Firm Name:____________________________ Initials:________

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

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

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

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

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

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

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

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

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

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

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

Bid # 24-19 Page 13 of 28 Firm Name:____________________________ Initials:________

Israel Verification Form

Bid # 24-19 Page 14 of 28 Firm Name:____________________________ Initials:________

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

1. does not boycott Israel currently; and

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

Pursuant to Section 2271.001 of the Texas Government Code:

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

2. “Company” means a for-profit organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of those entities or business associations that exist to make a profit.

Date Signature

EXCLUSION FROM CHAPTER 2271 OF THE TEXAS GOVERNMENT CODE

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

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

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

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

Bid # 24-19 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 # 24-19 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 Company.

Bid # 24-19 Page 17 of 28 Firm Name:____________________________ Initials:________

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

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

1. does not boycott energy companies currently; and

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

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

1. "Boycott energy company" means, without an ordinary business purpose, refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations with a company because the company: (A) engages in the exploration, production, utilization, transportation, sale, or manufacturing of fossil fuel-based energy and does not commit or pledge to meet environmental standards beyond applicable federal and state law; or (B) does business with a company described by Paragraph (A).

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

EXCLUSION FROM CHAPTER 2274 OF THE TEXAS GOVERNMENT CODE

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

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

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

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

Bid # 24-19 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 # 24-19 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 # 24-19 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

COMPANY NAME: __________________________________________________________

CONTACT: _________________________________________________________________

Reference 3

COMPANY NAME: __________________________________________________________

CONTACT: _________________________________________________________________

Bid # 24-19 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 # 24-19 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.

ADVERTISING: Any advertising or promotions used which the Cities

Bid # 24-19 Page 23 of 28 Firm Name:____________________________ Initials:________ 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 this contract, in accordance with Vernon's Texas Codes Annotated, http://www.ethics.state.tx.us/

Bid # 24-19 Page 24 of 28 Firm Name:____________________________ Initials:________

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…