IFB Solicitation Packet-Commodites-Services (1).docx

Rev. April 2025

Travis County Purchasing Office P.O. Box 1748 Austin, TX 78767

Invitation For Bid NO. 133-TL

FOR

Solar Panel Service

You are invited to submit a response in accordance with the attached requirements packet.

FOR INFORMATION RELATED TO THIS SOLICITATION, THE RESPONDENT SHALL NOT CONTACT ANYONE AT TRAVIS COUNTY OTHER THAN THOSE PERSONS LISTED AS THE POINT OF CONTACT. ANY OTHER CONTACT MAY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD.

INDIVIDUALS OR ENTITIES INTENDING TO RESPOND TO THIS SOLICITATION AND ANY PERSON ACTING ON BEHALF OF THEM ARE PROHIBITED FROM CONTACTING INDIVIDUAL MEMBERS OF THE TRAVIS COUNTY COMMISSIONERS COURT OR THEIR STAFF OR USER DEPARTMENT STAFF ABOUT THIS SOLICITATION. ANY SUCH CONTACT MAY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD.

Solicitation Submissions: Bidders, you are strongly encouraged to submit your bids online via BidNet. A secondary option would be to submit your bid via USPS mail, FedEx, DHL, etc. IF YOU PLAN TO DELIVER A HARD COPY TO THE PURCHASING OFFICE, YOU MUST CONTACT THE PROCUREMENT SPECIALIST ONE (1) BUSINESS DAY PRIOR TO DELIVERY. Bids submitted electronically will be available immediately after the solicitation opening date and time on BidNet. Please note hard copy responses will be uploaded on BidNet and available to the public within four business hours of the opening date and time.

Solicitation Openings: The Purchasing Offices strongly encourages you to download the bid tab from BidNet or use the virtual Microsoft TEAMS dial-in information (supplied below) during which the bids will be read aloud. We are strongly discouraging you from going to our office for the bid opening.

FOR INFORMATION REGARDING THE CONTRACT AWARD(S) RESULTING FROM THIS SOLICITATION, PLEASE REFER TO THE TRAVIS COUNTY COMMISSIONERS COURT PORTAL AT:

https://countyclerk.traviscountytx.gov/departments/commissioners-court/

Bid Opening Microsoft TEAMS Meeting Information:

Meeting ID: 251 728 080 886 3 Passcode: d95p9Fw2 Dial in by Phone 1 (512) 854-8326 United States, Austin Phone conference ID: 903 653 439# Prices Good For 120 Days https://www.traviscountytx.gov/purchasing/solicitation

PART I- SPECIFICATIONS

Scope of Work

1. General

1.1 Contractor shall provide installation services of 3kWh solar photovoltaic (“PV”) systems (each a “System” or the “Systems”) on up to ten (10) single family income-qualified households (the “Homeowners” or “Households” or “Homes”), as directed by the County.

2. SCOPE

2.1 The Work includes the design and installation of up to ten (10) 3 kW dc PV systems interconnected to the homeowner’s side of the utility meter. All arrays/systems must be appropriately sized and equipped for the residence though they may vary in tilt/orientation. PV systems shall be fully compliant with the Austin Energy Distribution System Interconnection Guide for Customer-Owned Power Production Facilities Less Than 10 MW, all required permits shall be the responsibility of the bidder to identify and obtain, and all electrical work shall be conducted by licensed electricians in accordance with Texas law. Contractor shall coordinate with Austin Energy to fulfill all requirements pertaining to interconnection and metering. Contractor shall coordinate with Austin Energy to fulfill all requirements pertaining to interconnection and metering, and shall be responsible for the same.

2.2. The Contractor shall provide all necessary labor, equipment, parts, materials, and transportation of the same for installation of the Systems, including all necessary exterior and interior work on each Home as outlined in this Scope of Work.

2.3 Contractor shall fully service and maintain all Systems installed for the duration of such System’s lifecycles. The County shall issue a Purchase Order for any such maintenance work or servicing, and the Contractor shall not commence any such maintenance work or service the Systems until directed to do so by the County via issuance of a Purchase Order for the same The Contractor shall at all times provide Texas Department of Licensing and Registration (TDLR) certified/licensed personnel, as well as proper equipment and adequate materials for all Work and at each job site.

2.4 Work shall be performed to the latest and best industry standards, including all standards set by the National Renewable Energy Laboratory for residential photovoltaic systems (as the same may be updated). All services rendered and work performed shall be rendered promptly and efficiently.

2.5 Contractor shall ensure that the condition of each Homeowner’s house is best suited for long-term energy savings for the expected lifespan of each solar panel system, and shall inform the County if any selected Homeowner’s house is not well suited for the same.

2.6 Contractor must establish and schedule clear and regular ongoing maintenance for any PV system installed, including warranty responsibilities, with the s Homeowners.

2.7 Contractor shall clearly educate Homeowners who are required by the County purchase adequate insurance for the System and their Home on required insurance for the System and ensure any applicable insurance coverage adjustments with each Homeowner, as needed, to best ensure insurance coverage of the System for the expected lifespan of the System, and that all Systems installed by the Contractor are properly covered and insured.

2.8 Before installation of any System, Contractor is encouraged to individually submit any such System to Austin Energy’s Residential Solar Rebate Program through Austin Energy’s Energy Efficiency Collaboration Platform portal.

2.9 It is preferred but, not required that each individual System fully qualify for Austin Energy’s Residential Solar Rebate Program per Austin Energy Rebate Program Guidelines.

2.10 Contractor will be required to perform install a System at up to ten (10) sites located throughout Travis County. The County shall issue a Purchase Order for the installation of each System or various Systems at a time. The names and locations of each Household’s site will be listed on each Purchase Order issued by the County.

2.11 Contractor will be required to perform the following services at each Household site. The following list is a minimum of services required, in addition to industry best practices and manufacturer recommendations and instructions.

2.11.a Rooftop layout: Homes selected for installation will vary but must have sufficient space for rooftop solar installation, have a moderate tilt, and be oriented primarily to east, south, or west.

2.11.b Shading and array layout: Rooftop installation locations should be minimally shaded. All Systems must achieve 75% Total Solar Resource Fraction.

2.11.c Electrical layout. Each Homeys independently metered by Austin Energy and should not require a shut down for electrical upgrades and installation of the System. An example 1-line drawing is provided in the Austin Energy Distribution System Interconnection Guide for Customer-Owned Power Production Facilities Less Than 10 MW.

2.11.d Solar metering: Each System will include a Solar PV meter can, and Contractor shall use the meter provided by Austin Energy. Contractor shall use its best efforts to ensure that all Homeowners receive Value of Solar bill credits for their solar generation.

2.11.e Local permits and utility interconnection: The Contractor is responsible for completing all local permitting and utility interconnection requirements and securing approval of the same.

2.11.f Preference for AC modules or microinverters: To reduce the clutter of equipment mounted outside of each Home, as well as minimize potential downtime, the Contractor shall use AC modules or microinverters wherever possible.

2.11.g Preference for monitoring systems: System performance monitoring must be made available to the Homeowners and to other entities as directed by Travis County.

3. Qualifications

3.1 Contractor must, at all times during the term of the Contract and while performing any Work, be on the Austin Energy Participating Solar Contractor List and maintain status as an active participant throughout the term of the Contract. Failure to maintain such status shall result in Default of the Contract. Failure to register for the Austin Energy Solar Contractor List prior to bid submission will result in the bid being unresponsive.

3.2 Contractor must be a current business member of the Texas Solar Energy Society. Current Ethics and Code of Conduct documents of the Texas Solar Energy Society must be submitted with the Contractor’s bid to be considered award of the Contract. Contractor shall notify the County of any chance in such membership status and the reason for any changes.

3.3 Contractor shall warrant System design and installation for a minimum of 10 years from the date of installation. Solar modules shall have a minimum 20-year warranty against undue degradation and inverters shall have a minimum 25-year warranty from the manufacturer. Contractor shall assign all manufacturer warranties to each Household.

3.4 Contractor shall allow the County, or any other party designated by Travis County to observe, audit, or otherwise review the installation of all Systems .

4. PERFORMANCE REQUIREMENTS:

4.1. Contractor will be notified of any electrical service requirements through the issuance of the Purchase Order for each System or Household. A Purchase Order is otherwise required for all repair work, all new work, and for any parts, material, or equipment used before any Work is performed. A Purchase Order is the only mechanism for the Contractor to proceed with work.

4.2. The Contractor must visit job sites before submitting any estimate, as well as to determine the field conditions affecting the Work. Any Change Order or price increases for material or labor or otherwise on account of any failure by the Contractor to inspect any job site or work site or Home prior to providing any estimate to the County shall be borne solely and absolutely by the Contractor. The Contractor is warrants and represents that the Contractor is aware of all matters related to any of the Work and installation of the Systems and the Contractor shall have made all necessary allowances in all estimates submitted to the County. Contractor must otherwise inspect and verify all Homes’ residence type, size, dimensions, and the quantity of all materials, labor, and work for the installation of each System.

4.3. The Contractor shall install all necessary equipment, parts, or materials to meet applicable law and the minimum standard specifications for the Systems in accordance with the current International Code Council’s (ICC) International Residential Code (IRC).

4.4. Contractor shall display the Contractor’s business name and the number of the license issued by TDLR on side doors or side of the hood of each vehicle used by the Contractor during installation at each Home.

4.5. Contractor shall, at all times, maintain a minimum of one (1) journeyman licensed electrician on-site at any Home during any repair or installation of a System. Notwithstanding the immediately preceding, Contractor shall not charge for the labor, services, or work of more than one (1) journeyman licensed electrician when one (1) journeyman licensed electrician plus one (1) or more (as required) electrician assistants would be sufficient to perform any such labor, services, or work, whether repair or installation. The number of licensed electricians or electrician assistants performing labor, services, or work on any Home, or under any Purchase Order, must be requested by the Contractor on the applicable Estimate Form (defined below) and approved in writing by the County (such approval may be by way of the Purchase Order for such work, labor, or services).

4.6. Scheduling Services, Labor, or Work

4.6.a. The Contractor shall contact the Household within five (5) business days of receipt of a Purchase Order from Travis County and schedule for performance of the Contractor's duties .

4.6.b. The Contractor shall schedule a mutually agreed upon time with each Household and provide sufficient details about the time-frames necessary to complete all tasks for each visit for the Household to properly schedule the Work and be available. The Contractor shall maintain a professional and courteous persona at all times. The Contractor must contact the County if unable to schedule and/or make contact with any Household within the allotted timeframe or after three attempts.

4.6.c. All Contractor personnel shall display proper Company I.D. upon arriving at any work site or Home. No Work shall commence unless a person eighteen years (18) years of age, designated by the Homeowner, is present during the performance of any of the Work.

4.6.d. Contractor shall ensure that all electrical work is completed within ten (10) business days after the earlier of either receipt of a Purchase Order or the date initially scheduled for commencement of Work with a Homeowner. If Contractor is unable to complete such portion of the Work within this time period, it must notify the County in writing as soon as possible. If the Contractor cannot complete the electrical work within the time allotted by this section, and the County has not been notified in writing within such ten (10) day period after issuance of a Purchase Order or the scheduled date for commencement of work, that the contractor cannot complete the work within the same, then the County may cancel the Purchase Order and be under no further obligation to the Contractor under such Purchase Order.

4.6.e. The Contractor shall be responsible for coordinating the scheduling of all work, labor, and services, required by any Purchase Order, directly with each Household . The Contractor shall provide at least twenty-four (24) hours’ prior notice confirming each such scheduled appointment to each Household and Travis County. At least one of the named applicants for any Household must be present at the time of the initial start of the Work under a Purchase Order. If Contractor is unable to maintain scheduled appointment, the Contractor must contact the Homeowner and notify the County of the cancellation no less than eight (8) hours prior to the scheduled appointment time. If Contractor is unable, after three attempts, to reach a Homeowner to notify of any such cancellation, the Contractor must inform the County.

4.6.f. Prior to commencing any Work pursuant to any Purchase Order, the Contractor shall describe the Work to be performed under each applicable Purchase Order to each such Homeowner, and provide an estimated completion time and date for such Work. The Contractor shall also inform each Homeowner of any dangers or threats to property, human health, or human safety that may affect the Household or occupants of the Home. Any such dangerous or hazardous Work shall be scheduled and coordinated for times when occupants are not present inside Home and during a time that the named applicant for each Household can be present, outside of the Home and at the site of the Home, during such portion of the Work.

4.6.g. Contractor shall notify the County upon arrival and departure from any Home by calling the number provided on the Purchase Order for the Work.

4.6.h. Contractor shall keep the County informed of all Work progress and advise on all aspects of relating to the prosecution of the Work under each Purchase Order.

4.7. The County will have sole and final approval on the materials and equipment installed at each Home, under each Purchase Order, and on a Purchase Order by Purchase Order basis. Contractor shall provide literature, materials data safety sheets, or specifications on any proposed materials or equipment when requested by the County.

4.8. The cost of any required electrical work under a Purchase Order, including urgent repairs and callback service, that is required on any Home’s residential electrical system, shall have a detailed itemization of all labor hours, all parts, and all materials used, and of any equipment repaired, replaced, or installed. Such itemization shall be submitted to the County at the time and date when such Work is completed.

4.9. Notwithstanding anything in the Contract or General Conditions of Construction to the contrary, the County may terminate the Contract upon written notice to the Contractor if the requirements of Section 5 of this Scope of Work are not, in the County’s sole and absolution discretion, met. Such termination shall be a Termination for Default.

5. INSPECTION OF CONTRACTOR'S PERFORMANCE

5.1. When a Home’s electrical system or any of the Systems are worked on by the Contractor, all components of the System and related safety equipment shall be inspected by the Contractor both prior to when any Work is to be performed and after such Work is completed. The Households will be surveyed to determine if the Contractor is complying with the terms and conditions of the Contract and the standards set forth in this Statement of Work. One hundred percent (100%) inspection of the output will be used as the method and process for the Contractor to inspect its own work and to inspect the Work itself.

5.2. Payment may be withheld on any Purchase Order if scheduled Work is not performed or any certification, license, permit, or approval required by this Statement of Work or the Contract, including the General Conditions, is not submitted as specified.

5.3. The County reserves the right to perform any test or inspection to ascertain whether the requirements of the Contract, of the General Conditions, and of this Statement of Work are satisfied. In the event that a System is satisfactorily installed, or is not being satisfactorily repaired or replaced, the Contractor shall use its best efforts to ensure that any such System satisfies such requirements.

5.4. All work performed under the Contract and this Statement of Work is subject to inspection at any time by the County or a party designated by the County to ensure compliance with all terms and conditions of this Statement of Work and of the Contract.

5.5. The County may require the Contractor or its designated contract manager, if any, to meet with the County’s designated contract administrator and other County personnel as deemed necessary by the County. Written minutes of any such meetings shall be recorded in the Contract file and signed by the Contractor or its contract manager and the County contract administrator. If the Contractor does not concur with any portion of the minutes, such nonconcurrence shall be submitted in writing to the County contract administrator within ten (10) calendar days following receipt of the minutes.

6. SECURITY AND SAFETY

6.1. The Contractor shall ensure that all Work performed on any Home’s site is performed in a safe, courteous, and professional manner.

6.2. Contractor shall store all equipment, parts, and materials located at any Home’s site in a designated location, as necessary for completion of Work, and shall be stored in such a manner that the equipment, parts, materials, and the Home are protected at all times. At no time will any equipment, parts, materials, or any other items be set or stored in an unsafe manner or in an undesignated area.

6.3. When equipment, such as trucks, tractors, backhoes, trenchers, lifts, scaffolding, ladders, welders, drills, saws, or concrete breaking equipment are used persecution of any Work, such equipment must be in good condition, with valid inspection (as applicable), and OSHA APPROVED. Equipment must also be secured at all times while not in use. The Contractor shall maintain the efficiency, safety, and operational status of all equipment in compliance of all applicable codes.

6.4. Contractor shall adequately protect all Work and each Home from damage to each other , as well as protecting all adjacent properties from damage on account of the performance or prosecution of any Work.

6.5. Any loss or damage to any property or equipment discovered by the Contractor must be reported to the Travis County Contract Administrator immediately upon discovery.

6.6. The Contractor shall be responsible for any loss or damage to all real property and personal property, including money securities, merchandise fixtures, and equipment belongings to the residential occupants of each Home, if any such loss or damage was caused by Contractor or any employee thereof, while such employee or subcontractors or subcontractors or the Contractor are on the premises of the Home.

6.7. Contractor is responsible for repairing or replacing any damaged property caused by the Contractor or its employees or subcontractors, while performing Work under any Purchase Order, including providing any electrical services.

6.8. The Contractor shall at all times provide and maintain adequate and sufficient warning and danger signs, safety guards, and other protective items necessary to protect the Household occupants, public, and its employees or subcontractors from any dangers inherent with or created by the Work . Contractor shall use OSHA approved lock out/tag out procedures to protect its workers and others that may come in contact with work areas.

6.9. The operation of residential appliances and fixtures of each Home are essential to the convenience and comfort of the occupants. To the greatest extent possible , all Work must be complete and successful without disruption to the Home’s residents.

6.10. The Contractor shall erect such signs and barriers as may be necessary to protect the occupants of each Home while Work is in progress. The Contractor shall secure any equipment that may be hazardous to the occupants of any Home or their guests when not in use to avoid injury, death, or property damages.

6.11. If, at any time and for any reason, a home system or appliance, including but not limited to HVAC, Electrical, Mechanical, Water, Gas, etc., will be out of service, notice must be given to Home’s occupants so that they can be aware of the outage.

6.12. The Contractor shall furnish any temporary lights necessary to complete any Work. At the completion of the Work, or when the Work is no longer in progress or required, the Contractor shall remove all excess equipment, parts, material, and debris and leave the Home in a condition at least as satisfactory as prior to the commencement of Work.

6.13. The Contractor shall ensure its employees or subcontractors practice utility conservation. The Contractor shall operate under conditions that prevent the waste of utilities. Lights shall be used only in areas where Workies actually being performed. Employees or subcontractors shall not adjust a Home’s mechanical equipment controls for heating, ventilation, and air conditioning systems.

6.14. There is NO SMOKING allowed inside or outside any Home, or anywhere on nonpublic property including driveways and parking lots. The Contractor shall be responsible for enforcement of this term and condition at all times with its personnel.

7. PERMITS, FEES, AND NOTICES

7.1. Should a particular Purchase Order require permit from the city having jurisdiction, the Contractor shall apply for and secure such permit prior to the start of Work on such Purchase Order requiring the permit.

7.2. County shall reimburse Contractor for all permits, fees, and inspections upon validation of payment and issuance of the same. In no case will the Contractor submit an invoice for Work completed when a permit was required for such Work and said permit was not first obtained by the Contractor.

7.3. If the Contractor performs any Work when it knows or should know is contrary to any applicable laws, ordinances, rules, or regulations, the Contractor shall assume full liability for any such infractions and the consequences and any damages resulting therefrom and shall bear all costs attributable and related thereto.

8. COST REIMBURSEMENT

8.1. The Contractor shall be reimbursed for all direct labor costs actually used in the performance of the Work under a Purchase Order. Any markup should be included in the labor cost. Travis County shall only pay for the portion of the labor designated on the Purchase Order and approved by the Estimate Form issued for the Contractor’s estimate for any such Purchase Order.

8.2. Contractor will be reimbursed for the cost of all parts and materials actually used in the performance of the Work. No markup shall be included in the cost of any materials. Material charges must be supported by invoices issued by the supplier of the Contractor describing and detailing the quantity and cost of the materials purchased in itemized form. Pricing shall include the cost of shipping and delivery of all items to the Contractor or Home (as approved by the County if such delivery is to be made to any Home). Any material with a cost of less than $25.00 each and a combined cost total of less than $500.00 will not need to be accompanied with a copy of the supplier's invoice.

8.3. Contractor must have the necessary tools, which are standard and customary to the electrical profession to maintain the Systems and related equipment. All costs associated with meeting this requirement shall be the sole responsibility of and are totally borne by the Contractor. However, the County shall reimburse, at cost value, the Contractor for rental of heavy equipment, the rental of tools that are not standard or customary to the electrical profession and any subcontracting charges that are included on the Purchase Order, which will be based on the Estimate Form issued for the estimate submitted by the Contractor.

8.4. The Contractor shall be reimbursed for the cost of all subcontracted work or labor actually used in the performance of the Work. Invoices issued by the supplier of the subcontracted work or labor must support subcontract costs invoiced to the County. The County will only pay for the portion of the subcontracted costs assigned to the Purchase Order and approved by acceptance of the Contractor’s estimate as evidenced by issuance of the Estimate Form. Subcontracted items may include permits, fees and notices, rental of heavy equipment, rental of tools not standard or customary to the electrical profession, and other crafts needed to complete the Work.

8.5. Contractor will be required to provide a detailed and itemized cost breakdown for all labor, equipment, parts, and materials, as well as any subcontracting for all Work performed under each Purchase Order. The cost breakdown charges will be submitted to the Travis County Weatherization and Home Repair Department Management or their designee who will verify receipt and acceptance of the Work. Contractor will be expected to meet established schedules and deadlines for the completion of Work as outlined in estimates and provided by any Purchase Order.

8.6. The County accepts the Contractor’s estimate for any Work under any Purchase order via an “Estimate Form” for such Work and Purchase Order. The dollar amount reflected on the estimate for any Purchase Order shall constitute the County's total obligation for such Work. The Contractor shall submit an accurate cost estimate. However, the County recognizes that some elements of work may not be detectable until the Work is in progress. When latent physical conditions are discovered, the Contractor shall submit a revised cost estimate for approval by the County. Once the new Estimate Form has been approved, the original Purchase Order may be modified to reflect the additional cost, or a new Purchase Order will be issued for such additional costs. Purchase Orders are the only valid approval mechanisms for payment against an invoice from the Travis County Auditor.

TRAVIS COUNTY MAY REFUSE TO ACCEPT A SUBMITTED JOB/PROJECT ESTIMATE FOR ANY REASON. IN SUCH CASE, OR IF CONTRACTOR CANNOT PERFORM FOR ANY REASON, COUNTY RESERVES THE RIGHT TO SECURE SERVICES FROM OTHER SOURCES.

PART II- SPECIAL PROVISIONS

1. SCOPE OF CONTRACT: This is a firm fixed price, estimated quantity contract calling for delivery of the services and items identified in the Item Response Form at the stated prices submitted by the bidder. Upon acceptance of a bid by Travis County Commissioners and issuance of a Contract Award by the Travis County Purchasing Agent, Bidder shall be obligated to deliver the services at the stated prices, within the time specified, and in accordance with all Terms and Conditions, and General Provisions contained herein. The quantities stated in the Item Response Form are the best estimates of Travis County's needs for a one (1) year period. They represent a realistic estimate based on past consumption for purposes of securing a bid price. The quantities are not firm and are not hereby ordered or called for. Actual requirements will be stated through issuance of individual purchase orders against the contract, and no obligation to pay for any quantities shall be deemed to exist unless or until such purchase orders are issued. Travis County is not obligated to order products or services not covered by this contract and the County is free to secure those requirements from other sources in accordance with applicable purchasing statutes.

1. TERM OF CONTRACT: This contract shall be for one (1) year period commencing upon award by the Travis County Commissioners Court.

1. OPTION TO EXTEND: County may unilaterally extend this Contract for (i) three (3) additional one (1) year periods and (ii) three (3) additional one (1) month periods (individually, an “Option to Extend” and collectively, the “Options to Extend”), and all provisions of this Contract, except for term and price, shall remain unchanged and in full force and effect. County shall exercise an Option to Extend no sooner than ninety (90) calendar days prior to expiration of the then current term. The total term of this Contract, including the Options to Extend, shall not exceed sixty-three (51) months. County shall have the right to exercise all or a portion of the Options to Extend in any combination it deems necessary.

1. BID PRICES: Unit prices quoted shall include the cost of all labor, materials, travel and equipment necessary to properly provide services and shall not include Federal or State of Texas sales, excise and use taxes. Prices also shall include travel time to each site. Bidder shall include any and all cost associated in the unit prices. Prices shall remain firm for the period of the contract. All travel and per diem shall be included in the unit price.

1. OPTION TO ADD OR DELETE: County may add or delete line items as needed. Travis County Purchasing Office will notify contractor in writing of scheduled addition or deletion of items. If a line item is to be added to the contract, Travis County shall request a quote and will provide specifications for that line item. Contractor shall provide a quote within ten (10) business days of the request. If a line item is to be deleted, Travis County shall provide a fourteen (14) day notice to Contractor note an official date for Contractor to no longer provide service for that location. Any additions or deletions shall be incorporated through a contract modification.

1. TRAVIS COUNTY REPRESENTATIVE STATUS: Travis County's representative shall have general supervision and direction of the work and shall represent Travis County in all matters pertaining to the work as provided in the contract documents. The Travis County representative has authority to stop the work whenever such stoppage may be necessary to ensure the proper performance of the contract and shall have authority to reject any and all materials, whether worked or unworked, if such materials are not in accordance with the plans and specifications.

1. COOPERATIVE PURCHASING. Contractor shall allow other governments that have cooperative purchasing or inter-governmental contracts with County to purchase goods or services under this Contract. Under co-operative purchasing contracts with County, each government makes its own orders. Contractor shall deliver to other governments located within Travis County on the same terms and conditions as you deliver to County. Contractor may negotiate other delivery charges for governments located outside Travis County if that other government makes an order. Contractor must bill all purchases by other governments directly to the government placing the order and that government must pay Contractor directly. County is not responsible for purchases or debts incurred by any other government. Contractor acknowledges and expressly agrees that County is not a partner with or agent or representative of any other government purchasing under this Contract.

1. COMPLIANCE WITH APPLICABLE LAW: For projects authorized under this contract which has Federal and/or State funding, Contractor shall comply with all applicable federal, state and local laws, regulations and ordinances related in any way to this Contract. Contractor shall notify the County in writing of any failure to comply with such laws, regulations, or ordinances, where such failure affects in any way Contractor’s ability to provide services(s) under this Contract. Contractor shall provide all invoice and other project related documents for Federal and/or State funded projects as outlined in the project’s final approved proposal/scope.

1. CONTRACT ADMINISTRATOR: For purposes of monitoring performance, establishing requirements, approving and coordinating schedules, the County department(s) named below shall act as Contract Administrator on behalf of Travis County.

Health and Human Services Attn: Ross Stephens 512-854-4109 ross.stephens@traviscountytx.gov

1. ENVIRONMENTAL COMPLIANCE: It shall be grounds for termination of the contract if Contractor or its business owner or operator, partner, affiliated corporation, or subsidiary is in substantial violation of an applicable environmental requirement relating to environmental quality, including but not limited to the federal Clean Water Act (CWA), federal Clean Air Act (CAA), Resource Conservation and Recovery Act (RCRA), Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), Chapters 26 and 27 of the Texas Water Code, Chapters 361 or 382 of the Texas Health and Safety Code, or local ordinances and code. Substantial violation means one or more violation of an applicable environmental requirement resulting in the potential for a significant adverse impact on human health, aquatic life, a surface or groundwater resource, or enjoyment of property, including any violation resulting in a civil or administrative enforcement action. Applicable environmental requirement means an environmental law, regulation, county or municipal ordinance, permit, order, consent, decree, or other requirement.

Within ten (10) days of receipt of any Notice of Violation, Notice of Enforcement, or other citation from the Texas Commission on Environmental Quality (TCEQ) associated with the Contractor’s facilities, Contractor shall notify the Purchasing Agent in writing. Contractor shall notify the Purchasing Agent of TCEQ’s requirements for resolution of Notice of Violations, within ten (10) days of resolution.

Contractor shall ensure that any facility or operation that is the subject of this contract or related to this contract will be operated and maintained in conformance with all federal, state, and local requirements for wastewater discharge, storm water management, solid waste (including hazardous waste) management, petroleum product, oil, and hazardous substance storage and management, and similar environmental management.

Contractor must maintain an accurate and up-to-date spill prevention and spill response plan that can immediately be implemented to address and contain a spill or discharge of any hazardous substance, solid waste, or hazardous waste. Contractor shall ensure each facility has staff trained and qualified to immediately implement a spill response plan, if the need should arise.

Contractor shall ensure the use of best industry practices for the management of waste at its facilities and operations. For purposes of this contract, the failure to respond to any Notice of Violation, Notice of Enforcement, or other citation issued after the date of this contract, in the manner and within the time prescribed in such Notice of Violation, Notice of Enforcement, or other citation, as defined in the Travis County policy regarding consideration of the safety record of bidders, for a violation of an environmental protection law or regulation at a facility, or for any Contractor affiliated company or operation associated with the facility, shall be deemed evidence of failure to use best industry practices and shall be grounds for terminating this contract.

1. SITE VISITS: Prospective bidders are encouraged to visit and review all service locations, which have been specified in the Specifications. It is the bidder’s responsibility to make all investigation necessary to be thoroughly informed regarding departments listed in the Specifications. A site visit can be arranged by contacting the Purchasing Office Point of Contact and the Contract Administrator.

1. PRE-AWARD SURVEY: After bid opening and prior to award, County reserves the right to make a pre-award survey of any of all bidder’s facilities and equipment to be used in the performance of work under this solicitation. Bidder agrees to allow all reasonable requests for inspection of such facilities with one (1) week notice. Failure to allow such an inspection shall be cause of rejection of bid as non-responsive. County reserves the right to reject facilities or equipment as unacceptable to performance under this solicitation as a result of such pre-award survey. In addition, bidder’s reputation relating to qualify of performance may also be used for purposes of evaluating bidder’s suitability for award under this solicitation.

1. INSURANCE: Contractor shall have and shall require all subcontractors providing services to obtain and maintain, standard insurance sufficient to cover the needs of both Contractor and all Subcontractors pursuant to applicable generally accepted business standards. Upon prior reasonable notice to Contractor, County may review insurance requirements and require Contractor to make reasonable adjustments when the scope of Services has been expanded.

Contractor is responsible for all premiums, deductibles, and self-insured retention. Contractor shall obtain insurance that meets the following standards:

· Coverage written by companies licensed in Texas with an A.M. Best rating of B+ VIII or higher;

· Coverage written as Combined Single Limits or structured using primary and excess or umbrella coverage that follows the form of the primary policy;

· Coverage that provides at least the types and limits in this Attachment.

As evidence of coverage, Contractor shall provide a Certificate of Insurance issued by the writing agent or carrier to the Purchasing Agent within 10 working days after both Parties execute this Agreement. The Certificate must state the Travis County contract number, show all deductibles and self-insured retention, and include all endorsements required by that type of coverage by number. Upon County’s request and without expense, County may receive certified copies of policies and endorsements.

Insurance which includes Travis County as Additional Insured is considered primary for all claims except for professional liability and E & O Policies.

Contractor shall not allow any insurance to be cancelled or lapse during any term of this Agreement. The minimum types and limits of insurance coverage are:

Contractor shall have and shall require all subcontractors providing services to obtain and maintain, standard insurance sufficient to cover the needs of both Contractor and all Subcontractors pursuant to applicable generally accepted business standards. Upon prior reasonable notice to Contractor, County may review insurance requirements and require Contractor to make reasonable adjustments when the scope of Services has been expanded.

Contractor is responsible for all premiums, deductibles, and self-insured retention. Contractor shall obtain insurance that meets the following standards:

· Coverage written by companies licensed in Texas with an A.M. Best rating of B+ VIII or higher;

· Coverage written as Combined Single Limits or structured using primary and excess or umbrella coverage that follows the form of the primary policy;

· Coverage that provides at least the types and limits in this Attachment.

As evidence of coverage, Contractor shall provide a Certificate of Insurance issued by the writing agent or carrier to the Purchasing Agent within 10 working days after both Parties execute this Agreement. The Certificate must state the Travis County contract number, show all deductibles and self-insured retention, and include all endorsements required by that type of coverage by number. Upon County’s request and without County expense, Contractor shall provide County certified copies of policies and endorsements.

Contractor shall have and shall require all subcontractors to have for the below required insurance and include Travis County as Additional Insured and considered primary for all claims except for professional liability and E & O Policies. Contractor shall and shall require subcontractors to be responsible for the payment of all relevant deductibles for any claims made by Travis County against Contractor’s or subcontractor’s insurance.

Contractor shall not allow any insurance to be cancelled or lapse during any term of this Agreement. The minimum types, limits of insurance coverage, and endorsements are:

A. Workers' Compensation and Employers' Liability Insurance

1. Coverage shall be consistent with statutory benefits outlined in the Texas Workers' Compensation Act.

2. Employers' Liability limits are:

$500,000 bodily injury each accident $500,000 bodily injury by disease $500,000 policy limit

3. Policies under this Section shall apply to State of Texas and include the following endorsements in favor of Travis County:

a. Waiver of Subrogation

b. Thirty (30) day Notice of Cancellation

B. Commercial General Liability Insurance

1. Minimum limit: $2,000,000 per occurrence for coverage A and B with a $2,000,000 policy aggregate

2. The Policy shall contain or be endorsed as follows:

a. Blanket contractual liability for this Contract

b. Independent Contractor Coverage

3. The Policy shall also include the following endorsements in favor of Travis County:

a. Waiver of Subrogation

b. Thirty (30) day Notice of Cancellation

c. Travis County named as additional insured Owners and Contractors Protective Insurance at $1,000,000 per occurrence in lieu of additional insured endorsement on the GL policy.

C. Business Automobile Liability Insurance

1. Coverage for all owned, non-owned, and hired vehicles shall be maintained with a combined single limit of $1,000,000 per occurrence.

2. Policy shall also include the following endorsements in favor of Travis County:

a. Waiver of Subrogation

b. Thirty (30) day Notice of Cancellation

c. Travis County named as additional insured

D. Umbrella Coverage

1. Minimum Limit: $5,000,000 excess

2. Must follow form of Primary coverages

3. The Policy shall also include the following endorsements in favor of Travis County:

a. Waiver of Subrogation

b. Thirty (30) day Notice of Cancellation

c. Travis County named as additional insured

GENERAL PROVISIONS FOR INVITATION FOR BIDS (IFB)

General Definitions "Auditor" means the Travis County Auditor or designee.

"Commissioners Court" means Travis County Commissioners Court.

“Contract” means the contract awarded pursuant to the Invitation for Bids.

“Contractor” means a person or firm receiving an award of contract from Commissioners Court.

"County" means Travis County, Texas, a political subdivision of the State of Texas.

"County Building" means any County owned buildings and does not include buildings leased by County.

"Historically Underutilized Business" or "HUB" means any entity or association formed to make a profit in which one (1) or more persons who are educationally or economically disadvantaged because of their identification as members of one of the following groups: African Americans, Hispanic Americans, Asian Pacific Americans, Native Americans or Women of any ethnicity have the following rights:

own at least fifty-one percent (51%) of all classes of shares or other equitable securities and have incidents of ownership, including an interest in profit and loss, equivalent to the percentage of capital, equipment or expertise contributed to the business where ownership is measured as though the community property interest of a spouse is the separate property of that spouse, if both spouses certify in writing that the non-participating spouse relinquishes control over his or her spouse, and his or her community property, and not as if it is subject to the community property interest of the other spouse; and have a proportionate interest and demonstrated active participation in the control, operation and management of the business's affairs; where control means having recognized ultimate control over all day-to-day decisions affecting the business, and is be known to, and at least tacitly acknowledged in day-to-day operations by employees of the business and by those with whom business is conducted, and holding a title commensurate with that control.

"Is doing business" and "has done business" mean:

Paying or receiving in any calendar year any money or other valuable thing which is worth more than $250 in the aggregate in exchange for personal services or for purchase of any property or property interest, either real or personal, either legal or equitable; or Loaning or receiving a loan of money; or goods or otherwise creating or having in existence any legal obligation or debt with a value of more than $250 in the aggregate in a calendar year;

But does not include:

any retail transaction for goods or services sold to a Key Contracting Person at a posted, published, or marked price available to the general public.

any financial services product sold to a Key Contracting Person for personal, family or household purposes in accordance with pricing guidelines applicable to similarly situated individuals with similar risks as determined by Contractor in the ordinary course of its business; and a transaction for a financial service or insurance coverage made on behalf of Contractor if Contractor is a national or multinational corporation by an agent, employee or other representative of Contractor who does not know and is not in a position that he or she should have known about the Contract.

"Key Contracting Person" means any person or business listed in Exhibit A to Sworn Declaration.

"Purchasing Agent" means the Travis County Purchasing Agent.

“Sub-contractor” means a person or firm doing business with a Contractor.

Funding. Funds for payment on this Contract have been provided through the County budget approved by Commissioners Court for this fiscal year only. State of Texas statutes prohibit the obligations and expenditure of public funds beyond the fiscal year for which a budget has been approved. However, the cost of items or services covered by this Contract is considered a recurring requirement and is included as a standard and routine expense of Travis County to be included in each proposed budget within the foreseeable future. County Commissioners expect this to be an integral part of future budgets to be approved during the period of this Contract except for unanticipated needs or events which may prevent such payments against this Contract. However, County cannot guarantee the availability of funds and enters into this Contract only to the extent such funds are made available. The Fiscal Year for County extends from October 1st of each calendar year to September 30th of the next calendar year.

Funding Out. Despite anything to the contrary in this Contract, if, during budget planning and adoption, Commissioners Court fails to provide funding for this Contract for the following fiscal year of County, County may terminate this Contract after giving Contractor thirty (30) calendar days written notice that this Contract is terminated due to the failure to fund it.

Invoicing/Payments Contractor shall provide County with an Internal Revenue Form W-9, Request for Taxpayer Identification Number and Certification, that is completed in compliance with the Internal Revenue Code and its rules and regulations before any Contract funds are payable.

As a minimum, invoices shall include:

name, address, and telephone number of Contractor and similar information in the event payment is to be made to a different address;

County Contract or Purchase Order number;

identification of products or services as outlined in this Contract;

quantity or quantities, applicable unit prices, total prices, and total amount; and any additional payment information called for by this Contract. County will not pay invoices that are in excess of the amount authorized by the purchase order.

Payment shall be made by check or warrant by County upon satisfactory delivery and acceptance of products and services and submission of an invoice to the address below:

County Auditor P.O. Box 1748 Austin, Texas 78767 Payment shall be deemed to have been made on the date of mailing of the check or warrant. For purposes of payment discounts, time will begin upon satisfactory delivery of products and services and/or submission of acceptable invoice, whichever is last. Partial payments will not be made unless specifically requested and approved by County prior to Contract award.

Accrual and payment of interest on overdue payments shall be governed by TEX. GOV'T CODE ANN., ch. 2251.

County Taxes. If the Contractor subsequently becomes delinquent in the payment of County taxes, that will be grounds for cancellation of the contract. Despite anything to the contrary, if the contractor is delinquent in payment of County property taxes at the time of invoicing, Contractor assigns any payments to be made for performance…