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CITY OF SEGUIN

205 N. RIVER

SEGUIN, TEXAS 78155

REQUEST FOR BIDS – Bid No. Li-2026-61

Golf Course Fuel and Oil Supply

Bids Due:

August 11, 2026, by 10:00 AM

Invitation for Bids

Bid No: LF-2026-61 Bid Title: Golf Course Fuel and Oil Supply Bids Due: Tuesday, August 11, 2026 by 10:00 A.M. Central Time

The City of Seguin is soliciting bids for an annual contract for the supply and delivery services of diesel, unleaded gasoline, and oil, in accordance with the specifications contained herein.

Bids will be received by the City of Seguin until the date and time indicated above. Bids shall remain valid for sixty (60) days.

Bids MUST be sent electronically through http://www.bidnetdirect.com/texas/cityofseguin until 10:00 A.M., Tuesday, August 11, 2026.

Bids received after the time and date set for submission will be disqualified.

The City of Seguin reserves the right to reject or accept any and all proposals and to waive informalities.

Respondents are encouraged to read the entire document prior to submitting a response. For questions regarding this Bid please submit them through BidNet no later than August 6, 2026. Any clarification or interpretation of the specifications, if made, will be made only by written addendum issued by the City of Seguin Purchasing Department. Once issued, an addendum becomes a part of the bid documents. The City will not be responsible for any verbal explanation or interpretation of the bid made or given prior to the award of the contract.

http://www.bidnetdirect.com/texas/cityofseguin%20until%2010:00 http://www.bidnetdirect.com/texas/cityofseguin%20until%2010:00

SPECIFICATIONS

GOLF COURSE FUEL SUPPLY ANNUAL CONTRACT

1. SCOPE AND INTENT

It is the intent of the City of Seguin to enter into an annual contract for the supply and delivery of diesel, unleaded gasoline, and oil for use in City vehicles at the Max Starke Park Golf Course.

The City intends to award an annual contract beginning October 1, 2026, through September 30, 2027. The contract may be extended subject to written notice of agreement between the City and the successful bidder for three (3) additional one (1) year periods beyond the primary contract period.

The City of Seguin will provide the vendor with written notice of renewal or desire to bid prior to contract expiration date. Either party may terminate this agreement with a thirty (30) day written notice.

2. COMPLIANCE WITH LAWS

All bidders involved shall observe and comply with all federal, state and local applicable laws, standards and regulations as they may be applicable to this bidding process.

4. DELIVERY SITE

Public Works Warehouse, 816 Fred Byrd Dr, Seguin, Texas

One (1) 500-gallon tank, above ground top-fill, dyed diesel fuel (off-road)

One (1) 500-gallon tank, above ground top-fill, regular 87 octane unleaded gasoline

One (1) 55-gallon Drum.

Deliveries must be made by bob-tail truck only. Sufficient turning room for larger vehicles such as a semi-truck/trailer is not available at the delivery site.

5. QUANTITIES

The Golf Course purchases approximately 150-250 gallons of regular unleaded 87 octane gasoline and approximately 250-300 gallons of dyed off-road diesel approximately every six

(6) weeks throughout the year on an as-needed basis. This data is not to be construed as being the actual quantities or frequency of fuel purchases. Fuel orders will be on an as-needed basis. The actual quantities and frequency may increase or decrease and may fluctuate seasonally during the year. Respondents are also advised that whether they use or do not use this data as an aid in submitting their proposal is entirely at their discretion.

The Golf Course purchases one 55-gallon drum of oil to maybe two a year.

6. PRICING

During the period of this contract, prices may be increased and decreased. However, price changes will be governed by an index comprised of the composite posted prices in San Antonio of those companies published in the weekly publication of OIL PRICE INFORMATION SERVICE (OPIS). The low bidder will be determined by the amount of discount or profit margin added to the OPIS composite. Prices will fluctuate up and down in conjunction with the movement of the OPIS Average Composite Index. The discount or profit margin, however, will remain the same.

No minimum or maximum gallon purchase limits are to be stated in the agreement. All proposal figures shall include freight, loading fees, and other operational overhead expenses.

The acceptance of the proposal will be based upon the vendor who has the best proposal overall and meets all specifications.

7. DELIVERY

a) All deliveries shall be made complete after receipt of order within 24 hours or on the next business day during business hours. Public Works Warehouse business hours are Monday-Thursday 7 AM to 2 PM and Friday 7 AM to 11 AM.

b) Extreme care must be taken by the contractor to avoid fuel spills. The delivery truck must be attended at all times during fuel offloading. Any costs incurred as a result of fuel spills due to negligence on the part of contractor, its agents or employees, or due to equipment malfunction, will be borne by the contractor and maybe grounds for termination of the contract, at the City of Seguin’s option.

c) Following award of contract, the City reserves the right to cancel any orders upon failure of contractor to make delivery within the time specified in this proposal.

d) The City reserves the right to purchase fuel from an alternate source(s) if the contracted vendor is unable to meet the demand.

8. REFERENCES

At least three (3) recent references. Include the client’s name, contact person, address, telephone number, and email address. If the bidder has completed work for the City within the past three (3) years, the City may be listed as a reference.

9. AWARD

The City reserves the right to award a bid or contract to the lowest responsible bidder or the bidder who provides goods or services at the “best value” for the City. Factors to be considered in the evaluation of the bids are price, quality, reputation and experience of the bidder, past relationship with the City, long-term cost, and other factors as deemed appropriate by the purchaser.

The city of Seguin reserves the right to reject any or all bids and waive informalities or to accept the bid or combination of bids that they deem most advantageous to the public interest.

10. INVOICING

Submit invoices electronically at accountspayable@seguintexas.gov or to the City of Seguin, Accounts Payable, PO Box 591, Seguin, TX 78156-0591.

The City maintains an active Texas End User Signed Statement Number to waive collection of the $.20 state fuel tax. Upon award of bid, the City will provide a copy of the statement to the vendor.

11. INSURANCE

The vendor shall, at all times during the period in which contract is in force and effect, provide and maintain insurance of the type and in limits as set forth in Attachment A. Such insurance shall name the parties required to secure same as insured and shall include the City of Seguin as an "additional insured" and provide City of Seguin with waiver of subrogation.

Bidders should include proof of coverage with their bid. Prior to the commencement of any work under this Contract, Contractor shall furnish an original completed Certificate of Insurance to the City’s Purchasing Manager.

mailto:accountspayable@seguintexas.gov

BID SHEET

BID # Li-2026-61

The undersigned agrees if this proposal is accepted, to furnish all items upon which prices are offered, at the price(s) and upon the terms and conditions contained in the specifications.

PRICES QUOTED MUST INCLUDE ALL DELIVERY CHARGES.

DO NOT INCLUDE TAXES.

Diesel, (Ultra Low Sulfur):

$ per gallon discount from OPIS composite (do not include taxes)

OR

$ per gallon mark-up added to OPIS composite (do not include taxes).

Regular Unleaded, Minimum Octane Level 87:

$ per gallon discount from OPIS composite (do not include taxes)

OR

$ per gallon mark-up added to OPIS composite (do not include taxes)

15W40 Oil

$_____________per 55-Gallon Drum

The undersigned affirms that it is duly authorized to submit this bid, that this bid has not been prepared in collusion with any other bidder, and that the content of this bid has not been communicated to any other bidder prior to the official receipt of this bid. The undersigned certifies that they had fully read and understands this Invitation for Bid and has full knowledge of the scope, quantity, and quality of the services and materials to be furnished and intends to adhere to the provisions described herein. The City of Seguin reserves the right to reject any and all bids.

Company/Vendor Name Authorized Signature

Address Printed Name

City, State, Zip Code Title/Position

Phone No. ______ Date Email Address: ___________________________________________________________

ADDENDUM FORM

Bid # Li-2026-61

Receipt is hereby acknowledged of the following Addenda to the Specifications:

ADDENDUM NO. 1 DATED __________________ ADDENDUM NO. 4 DATED __________________

ADDENDUM NO. 2 DATED __________________ ADDENDUM NO. 5 DATED __________________

ADDENDUM NO. 3 DATED __________________ ADDENDUM NO. 6 DATED __________________

• The Undersigned affirms that it is duly authorized to submit this bid, that this bid has not been prepared in collusion with any other bidder, and that the content of this bid as to prices, terms, or conditions of said bid has not been communicated to any other bidder prior to the official opening of this bid.

• The Undersigned certifies that pursuant to Section 2270.002 of the Texas Government Code, Bidder does not boycott Israel and will not boycott Israel during the term of the contract resulting from this solicitation.

• The Undersigned certifies that pursuant to S.B 19, Bidder does not boycott energy companies and will not boycott energy companies during the term of the contract.

• The Undersigned certifies that pursuant to S.B. 13, Bidder does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and will not discriminate during the term of the contract against a firearm entity or firearm trade association.

Company Name Authorized Signature

Address Printed Name

City, State, Zip Code Title

Phone No. Date

Email Address: ___________________________________________________

BIDDER’S EXCEPTION FORM

Bid # Li-2026-61

This form must be completed and signed by an authorized representative of the company. Failure to do so may cause total bid to be rejected. If no exceptions are to proposed, indicate by stating “No Exceptions to Specifications” and sign in the appropriate space.

STATEMENT OF BIDDER:

WE PROPOSE THE FOLLOWING EXCEPTIONS TO THE SPECIFICATIONS:

PAGE/

SECTION PARAGRAPH # EXCEPTION

NOTE: If additional pages are needed, attach to the back of this page and note “See Page 2- Deviations” on this page.

Company Name Authorized Signature

CERTIFICATE OF CORPORATE BIDDER

Li-2026-61

CERTIFICATE OF CORPORATE BIDDER

I, _________________________________, certify that I am _________________________(title)

Of the corporation named as Bidder herein; that _____________________________________ who signed this bid on behalf of the Bidder, was then ________________________________ (title) of said corporation;

that said bid was duly signed for and on behalf of said corporation by authority of its governing body and is within the scope of its corporate powers.

Signature of Officer: ______________________________________

Type or Print Name: ______________________________________

Title of Officer: __________________________________________

ADA Nondiscrimination and Accessibility Compliance

Americans with Disabilities Act (ADA) Compliance

The Contractor agrees to comply with all applicable federal, state, and local laws, regulations, and requirements concerning nondiscrimination and accessibility, including but not limited to the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.), as amended, and Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794).

The Contractor shall not discriminate against any qualified individual with a disability in the performance of this Agreement and shall ensure that its services, programs, activities, communications, and facilities are accessible to and usable by individuals with disabilities.

The Contractor agrees to take appropriate steps to ensure that any subcontractors, agents, or vendors engaged in the performance of this Agreement also comply with these nondiscrimination and accessibility requirements.

The City’s ADA Nondiscrimination Policy, including the ADA Coordinator’s contact information and grievance procedures, is incorporated herein by reference and is available on the City’s website.

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ATTACHMENT A

(Revised 5/23/23)

INSURANCE

SECTION A. Prior to the approval of this contract by the City, CONTRACTOR shall furnish a completed Insurance Certificate to the Purchasing office. The certificate shall be completed by an agent authorized to bind the named underwriter(s) to the coverages, limits, and termination provisions shown thereon, and shall furnish and contain all required information referenced or indicated thereon. CITY SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH CERTIFICATE IS RECEIVED BY THE CITY OF SEGUIN'S PURCHASING DEPARTMENT, and no officer or employee of the City shall have authority to waive this requirement.

INSURANCE COVERAGE REQUIRED

SECTION B. CITY reserves the right to review the insurance requirements of this section during the effective period of the contract and to adjust insurance coverages and their limits when deemed necessary and prudent by CITY, based upon changes in statutory law, court decisions, or the claims history of the industry as well as the CONTRACTOR.

SECTION C. Subject to CONTRACTOR'S right to maintain reasonable deductibles in such amounts as are approved by CITY, CONTRACTOR shall obtain and maintain in full force and effect for the duration of this contract, and any extension hereof, at CONTRACTOR'S sole expense, insurance coverage written by companies approved by the State of Texas and acceptable to CITY, in the following type(s) and amount(s):

TYPE AMOUNT

1. Workers' Compensation and Statutory

Employer’s Liability

NOTE: For building or construction projects, and services provided at City-owned facilities, the successful Contractor shall meet the minimum requirements defined in the Texas Workers' Compensation Commission Rule 28 TAC §110.110 which follows this insurance attachment.

2. Commercial General (public) Liability including coverage for the following:

a. Premises operations $1,000,000 per occurrence

b. Independent contractors $2,000,000 aggregate

c. Products/completed operations

d. Personal injury

e. Advertising injury

f. Contractual liability

g. Medical payments

h. Professional liability*

i. Underground hazard*

j. Explosion and collapse hazard*

k. Liquor liability*

l. Fire legal liability*

m. City's property in Contractor's* care, custody, or control

n. Asbestos specific liability*

* Not required for this contract

3. Comprehensive Automobile Liability $1,000,000 per occurrence insurance, including coverage for loading and unloading hazards, for:

a. Owned/leased vehicles

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b. Non-owned vehicles

c. Hired vehicles

4. Errors and Omissions $1,000,000 per occurrence or claim insurance policy $2,000,000 aggregate (when applicable) for the willful or negligent acts or omissions of any no less than officers, employees or agents thereof

5. Cyber $2,000,000 (when applicable)

ADDITIONAL POLICY ENDORSEMENTS

CITY shall be entitled, upon request, and without expense, to receive copies of the policies and all endorsements thereto and may make any reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any of such policies). Upon such request by CITY, CONTRACTOR shall exercise reasonable efforts to accomplish such changes in policy coverages, and shall pay the cost thereof.

REQUIRED PROVISIONS

CONTRACTOR agrees with respect to the above required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the following required provisions.

a. Name the City of Seguin and its officers, employees, and elected representatives as an Additional Insured(s), (as the interest of each insured may appear) to all applicable coverage.

b. Provide for 30 days notice to City for cancellation, non-renewal, or material change.

c. Provide for notice to City at the address shown below by registered mail.

d. CONTRACTOR agrees to waive subrogation against the City of Seguin, its officers, employees, and elected representatives for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance.

e. Provide that all provisions of this agreement concerning liability, duty, and standard of care together shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies.

f. For coverages that are only available with claims made policies, the required period of coverage will be determined by the following formula: Continuous coverage for the life of the contract, plus one year (to provide coverage for the warranty period) and an extended discovery period for a minimum of five years which shall begin at the end of the warranty period.

NOTICES

CONTRACTOR shall notify CITY in the event of any change in coverage and shall give such notices not less than thirty (30) days prior to the change, which notice must be accompanied by a replacement CERTIFICATE OF INSURANCE. All notices shall be given to CITY at the following address:

Purchasing Department City of Seguin P.O. Box 591 Seguin, Texas 78156

SECTION D. Approval, disapproval, or failure to act by CITY regarding any insurance supplied by CONTRACTOR shall not relieve CONTRACTOR of full responsibility or liability for damages and accidents as set forth in the contract documents. Neither shall the bankruptcy, insolvency, or denial of liability by the insurance company exonerate CONTRACTOR from liability.

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WORKERS COMPENSATION INSURANCE

for

Building or Construction Projects and Services Provided at City-Owned Facilities

TEXAS WORKERS' COMPENSATION COMMISSION RULE 28 § 110.110

As required by the Texas Workers' Compensation Rule 28, §110.110, the Contractor shall accept the following definitions and comply with the following provisions:

Workers' Compensation Insurance Coverage

A. Definitions:

1. Certificate of coverage ("certificate")-A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project.

2. Duration of the project-includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the City of Seguin.

3. Persons providing services on the project ("subcontractor" in Section 406.096) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent Contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project.

"Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets.

B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project.

C. The Contractor must provide a certificate of coverage to the City of Seguin prior to being awarded the contract.

D. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the

Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the City of Seguin showing that coverage has been extended.

E. The Contractor shall obtain from each person providing services on a project, and provide to the City of Seguin:

1. A certificate of coverage, prior to that person beginning work on the project, so the City of Seguin will have on file certificates of coverage showing coverage for all persons providing services on the project; and

2. No later than seven (7) days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project.

F. The Contractor shall retain all required certificates of coverage for the duration of the project and for one (1) year thereafter.

G. The Contractor shall notify the City of Seguin in writing by certified mail or personal delivery, within ten (10) days after the

Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project.

H. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers'

Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage.

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I. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to:

1. Provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project;

2. Provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project.

3. Provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project;

4. Obtain from each other person with whom it contracts, and provide to the Contractor:

a. A certificate of coverage, prior to the other person beginning work on the project; and

b. A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project.

5. Retain all required certificates of coverage on file for the duration of the project and for one (1) year thereafter;

6. Notify the City of Seguin in writing by certified mail or personal delivery, within ten (10) days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and

7. Contractually require each person with whom it contracts, to perform as required by paragraphs (1) -

(7), with the certificates of coverage to be provided to the person for whom they are providing services.

J. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the City of Seguin that all employees of the Contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions.

K. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the City of Seguin to declare the contract void if the Contractor does not remedy the breach within ten

(10) days after receipt of notice of breach from the City of Seguin.

As defined by the Texas Labor Code, Chapter 269, Section 406.096(e), building or construction is defined as:

1. Erecting or preparing to erect a structure, including a building, bridge, roadway, public utility facility, or related appurtenance;

2. Remodeling, extending, repairing, or demolishing a structure; or

3. Otherwise improving real property or an appurtenance to real property through similar activities.

The employment of a maintenance employee who is not engaging in building or construction as the employer's primary business does not constitute engaging in building or construction.

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CITY OF SEGUIN

INSURANCE REQUIREMENT AFFIDAVIT

To be Completed By Appropriate Insurance Agent and submitted with bid proposal.

I, the undersigned Agent/Broker, certify that the insurance requirements contained in this bid document have been reviewed by me with the below identified Contractor. If the below identified Contractor is awarded this contract by the City of Seguin, I will be able to, within ten (10) days after being notified of such award, furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid.

Agent (Signature) Agent (Print)

Name of Agency/Broker:

Address of Agent/Broker:

City/State/Zip:

Agent/Broker Telephone #: ( )

CONTRACTOR'S NAME:

(Print or Type)

NOTE TO AGENT/BROKER

If this time requirement is not met, the City has the right to invalidate the bid award and award the contract to the next lowest bidder meeting specifications. Should an awarded bid be invalidated the Contractor may be liable for breach of contract. If you have any questions concerning these requirements, please contact the Purchasing Manager for the City of Seguin at (830) 401-2451

Revised September 26, 2025

GENERAL CONDITIONS OF BIDDING

These general conditions apply to any procurement of products or services by the City of Seguin.

Failure to comply with these General Conditions of Bidding may result in the bid being disqualified.

1. DEFINITION OF TERMS

A. “Bid documents” mean the entire packet of documents provided to bidders, including, but not limited to the General Conditions of Bidding, General Conditions of Agreement, General and/or Technical Specifications, Special and Supplementary Conditions, Information to Bidders, Bid Form(s) and any Addendum.

B. “Bidder” means a person or firm submitting a bid, proposal, or quote to provide equipment, material, and/or services necessary in the performance of these specifications and competing for award of a contract.

C. “Bid” or “Proposal” means an offer to perform or provide the requirements specified herein.

“Furnish” or “provide” means to supply, equip, and deliver the specified equipment, material and/or services to the Purchaser.

D. “Formal Bid” is a formally advertised solicitation for acquiring goods, services, and construction that requires a public opening of sealed bids or proposals, generally $100,000 or more.

E. “Informal Bid” is a competitive bid or price quotation for supplies or services under $100,000 that is conveyed by letter, telephone, or other means and does not require a sealed bid, public opening, or public reading of bids.

F. “City”, “Purchaser”, or” Owner” shall refer to the City of Seguin, PO Box 591, Seguin, Texas 78156- 0591.

G. “Contract” means the contract awarded pursuant to this solicitation.

H. “Contractor” or “Vendor” means the bidder to which a contract award has been made by the City.

I. “Purchase Order” means the document issued by the City that creates a legal binding contract between the City and the Contractor and authorizes the Contractor to ship goods pursuant to the

2. SUBMISSION OF BIDS

A. All bids must be on blank forms furnished by the Purchasing Department and must be written in ink or typed. Pencil quotations will not be considered. Proposals must be submitted on the forms or in the format called for in specifications. Each must be executed personally by the bidder, or if executed by an agent, a power of attorney or other evidence of his authority to act on behalf of the bidder must accompany the bid. If the bidder is a corporation, the certificate of corporate bidder must be executed under the corporate seal by some duly authorized officer of the corporation other than the officers signing the bid. By execution of the bid, the bidder accepts all general and special conditions of the contract and the specifications.

B. Formal sealed bids and proposals must be received at the date, time, and place specified in the bid document. Bids and proposals will be publicly opened and read followed by evaluation and award at a later date. Formal bids and proposals ($100,000 or higher) may NOT be faxed or submitted via e-mail and should be submitted as outlined in the bid documents.

C. Informal bids are due at the date, time, and place stated in the bid document. Informal bids (less than $100,000) may be submitted as outlined in the bid documents.

D. Each Bidder agrees that its price will remain firm and subject to acceptance by the City for a period of sixty (60) calendar days from the bid opening date. The prices quoted in the bid shall not be subject to escalation except where otherwise clearly indicated by the Bidder or by the City in bid documents. The basis for the escalation shall be clearly indicated in either case.

E. All information required by the bid documents will be furnished. The bidder will print or type its name, in ink, and manually sign the bid sheet. The bid sheet, with original signatures, must be submitted.

F. All prices shall be quoted as required in the specifications. Unit prices will be shown when called for on the bid sheet, and where there is a conflict between the unit price show and the total price shown, the unit price will govern.

G. No change in price will be considered after bids have been opened. The City reserves the right to negotiate prices as submitted by proposal as allowed by state statute.

H. In case of ambiguity or lack of clarity in stating prices in the bid, Purchaser reserves the right to adopt the price written in words or reject the bid. Any ambiguity in the bid as a result of omission, error, unintelligible or illegible wording shall be construed in the favor of the City.

I. If this bid is altered, any erasure or alteration of figures on the item on which the erasure or alteration is made must be initialed by signee of this bid.

J. The City reserves the right to extend the bid closing time and date. Notification will be made by addendum.

K. The City reserves the right to increase or decrease the quantity specified, unless the bidder specified otherwise.

3. WITHDRAWAL OF BIDS

A. A Bidder may withdraw a bid before Council acceptance of the bid without prejudice to himself by a written request addressed to the Purchasing Manager.

B. When the mistake was a result of a bidder’s negligence, and City has no knowledge of the mistake when bids were opened, and awarded a contract based on the bid, bidder will not be released and shall be bound by the bid.

C. If a mistake is not discoverable and verifiable by the City, bidder’s incorrect interpretation of Engineering specifications set forth in a construction contract will not release him from his obligations, once a contract has been awarded by City Council and bidder has received notice of such award.

4. GENERAL CONDITIONS

Bidders will submit their bids or proposals upon the following express conditions:

A. Bidders shall thoroughly examine all drawings, specifications, plans, schedules, instructions, and all other contract documents pertaining to this bid.

B. Bidders shall make all investigations necessary to thoroughly inform themselves regarding plant and facilities for delivery of materials or equipment as required by the bid conditions. No plea of ignorance by the Bidder of conditions that exist or that may hereafter exist as a result of failure or omission on the part of the Bidder to make the necessary examinations and investigations will be accepted as a basis for varying the requirements of the City or the compensation to the vendor.

C. If any bidder is in doubt as to the true meaning of the specifications, other bid documents, or any part thereof, they may submit a written request for clarification to the Purchasing Manager. A request for clarification should be submitted by the deadline, if any, indicated in the specifications.

D. All materials, equipment, supplies which are new, non-standard to the City of Seguin, and/or items which are to be listed as an alternate or exception must be pre-approved PRIOR to placing them on a bid proposal. In order to fairly evaluate all bids, sufficient time requirements for possible field testing or demonstrations should be allowed.

E. Bidders are advised that City contracts are subject to all legal requirements under Local, State and Federal statutes, ordinances, and regulations. Any bid, after being opened, becomes subject to the Public Information Act, Government Code Chapter 552; therefore bidders must clearly indicate any portion of the submitted bid that the bidder claims is not subject to public inspection under the Public Information Act.

F. No officer or employee of the City shall have a financial interest, direct or indirect, in any contract with the City, or shall benefit financially, directly or indirectly, in the sale to the City of any materials, supplies or services, except on behalf of the City as an officer or employee.

G. The City of Seguin is committed to maintaining fair and open competition as required by local, state, and federal laws and statutes. Every effort is made to maintain the highest level of ethical conduct in every aspect of the procurement process. Sharp business practices or high-pressure tactics will not be tolerated. Qualification and selection of vendors is based on those vendors who share the same high standards of ethical conduct.

5. DESCRIPTION OF GOODS

A. Any catalog or manufacturer’s reference in this bid is merely descriptive, and not restrictive, unless otherwise noted, and is used only to indicate type and quality of material. Any such references are made a part of these contract documents as if incorporated verbatim herein.

B. The term “Or Equal”, if used, is intended to allow substitution of a brand which has all the essential performance, features, reliability, and other salient characteristics as the brand name and model stated in the item description. “Or Equal” is intended to establish a level of quality and function and is not to be interpreted as a preference for a particular brand. Other brands meeting these minimum requirements will be accepted. Bid submitted on an “Or Equal” item must clearly identify the proposed product, the quantity of the product, model, and type, as applicable.

C. Alternate bids will not be considered unless expressly authorized by the bid documents.

6. PREPARATION OF BID

Bidders will prepare bids in accordance with the following:

A. Specifications are written to encourage competition. The specifications herein shall be the basis of comparison between bidders. There is no intent to discriminate against any supplier or vendor but rather to set a definite standard of performance. Bidders are required to quote services and/or equipment that will meet or exceed the minimum or maximum specifications herein.

B. Any omission in the specifications of any minor requirement necessary to make each unit complete and functional shall not relieve the Supplier of responsibility to furnish any material or equipment necessary.

C. The City reserves the right to request clarification to assist in evaluating the bidder’s response when the bid response is unclear with respect to product pricing, packaging or other factors. The information provided is not intended to change the bid response in any fashion and such information must be provided within two days from request.

D. Bidders shall not include federal taxes nor State of Texas limited sales, excise and use taxes in bid prices since the City of Seguin is exempt from payment of such taxes under section 151.309 of the Texas Tax Code.

E. By submitting a bid, each bidder certifies that it is a duly qualified, capable, and bondable business entity, that it is not in or contemplating bankruptcy or receivership and that it is not currently delinquent with respect to payment of taxes assessed by any political subdivision.

F. By submitting a bid, each bidder certifies that it does not currently owe any money to the City.

G. The City is exempt from the Federal Excise and Transportation Tax, and the Limited Sales and Use Tax.

Unless the bid form or specification specifically indicates otherwise, the price bid must be net exclusive of the above-mentioned taxes and will be so construed.

H. Prompt payment discounts will not be considered in determining low bids and making awards.

7. BID DEPOSIT

No bid deposit will be expected of bidder UNLESS specifications expressly provide otherwise. If a bid bond is required, the submitted bond may be in the form of a cashier’s check, cash, a certified check made payable to the City of Seguin or an original bond submitted in the form required by the City in the Bid Documents. The bond shall be executed by a surety authorized by the Texas State Insurance Commission and must be signed by both the surety and the bidder. Should a bid deposit be presented in a form not acceptable to the City, the bid will not be considered.

8. EXCEPTIONS

If Bidder takes exceptions to any provisions of the specifications, the exceptions must be specifically and clearly identified by section in Bidder’s bid, and Bidder’s proposed alternative must also be provided in the bid. Bidders cannot take a ‘blanket exception’ to the entire bid document.

9. ADDENDA

Any clarification or interpretation of the bid, if made, will be made only by written addendum issued through the Purchasing Department and signed by the City of Seguin Purchasing Manager. A copy of such Addendum will be posted to the City’s BidNet Site. Addenda to the bid documents may be issued in response to a request for clarification or objection, or for any other reason the City considers advisable.

Once issued, an addendum becomes a part of the bid documents. All addenda can be viewed and downloaded at the City’s website: www.seguintexas.gov. It is the bidder’s responsibility to check this site to determine if the City has issued any addenda. The City will not be responsible for any other explanation or interpretation of the bid made or given prior to the award of the contract.

10. REJECTION OF BIDS

A. The City of Seguin reserves the right to accept or reject any or all bids, and to waive any informalities and technicalities. The City of Seguin shall consider all factors it believes to be relevant in http://www.seguintexas.gov/ selecting the offer that provides the best value for the City including, but not limited to, the offered price. Causes for bidder disqualification and rejection of bids may include, but shall not be limited to:

1. Bidder’s current inability to satisfactorily perform the work or service, or the bidder’s previous failure to properly and timely perform its obligations under a contract with the City. Purchaser may make such investigation as is deemed necessary to determine the ability of the Bidder to provide the equipment, material, and/or services as required by this specification and to determine the adequacy of the proposed equipment, material, and/or services. The Bidder shall furnish, upon request, all such data and information requested for this purpose. The information provided is not intended to change the bid response in any fashion and such information must be provided within two days from request.

2. Bidder’s current violation of any City ordinance.

3. Bidder’s misstatement or concealment of any material fact in the bid.

4. Bid or proposal’s nonconformance to law or the requirements of the bid specifications.

5. Failure to use or properly complete the bid/proposal form furnished by the City of Seguin.

6. Lack of signature by an authorized representative on the proposal form.

7. Alteration of bid form.

8. Evidence of collusion among proposers.

9. Omission of proposal guarantee (if required).

10. In the event that a bidder is, or subsequently becomes, delinquent in the payment of his, her or its City taxes, including state and local sales taxes, or any other City financial obligation, such fact shall constitute grounds for rejection of the bid, or if awarded the bid, for cancellation of the

11. AWARD

A. The City reserves the right to award a bid or contract to the bidder who provides goods or services at the best value for the City. In determining the best value for the City, the City may consider the following to include but not limited to:

1. Price

2. Reputation of Bidder

3. Work Experience of Bidder

4. Quality of bidder’s goods and services

5. Conformance to specifications

6. Bidder’s past relationship with the City

7. Total estimated Long-Term Cost in a contract with Bidder

8. Crew availability

9. Material Delivery

B. The City reserves the right to reject or accept all or any combination of bids.

C. The City reserves the right to reject or accept all or any combination of base bid plus alternative bids when alternate bids are called for in bid documents, subject to available funding.

D. Contractor is an independent contractor. Award of a contract does not create a joint venture between the Contractor and the City.

12. CONTRACT

A. City’s Bid Documents combined with the Vendor’s response (bid or proposal) submitted to and accepted by the City, constitutes a contract between the City of Seguin and the selected vendor at the time the Seguin City Council awards the contract to such vendor.

B. No further documentation is required, although the contracting parties may supplement the contract with further documentation. By submitting a bid or proposal, the vendor agrees to comply with the Terms and Conditions and other requirements set forth in the Bid Documents and to be further bound to the representations and information the vendor provides in the response.

C. Acceptance of bidder’s offer may be in the form of a “Notice of Award”, a Purchase Order (P.O.)

or a “Contract”.

13. RESERVATIONS

THE CITY EXPRESSLY RESERVES THE RIGHT TO ACCEPT, REJECT OR CANCEL ANY AND ALL BIDS and:

A. Waive any defect, irregularity, or informality in any bid or bidding procedure;

B. Reissue a bid invitation or proposal;

C. Procure any item by other allowable means;

D. Waive minor deviations from the specifications when a bid meets the intent of the specifications and consider such bid if it is determined the bid’s total cost is lower, the purpose for the bid is improved or not impaired, the bid amounts to the best value for the City, and/or the waiver otherwise results in a measurable benefit on behalf of the City.

E. Extend any contract when most advantageous to the City as provided by original contract conditions.

14. WARRANTIES

A. WARRANTY FOR PRODUCT: The Contractor warrants to the City that all goods delivered will conform to the specifications, drawings, or other descriptions furnished or incorporated by reference, will be of merchantable quality, good workmanship, free from defects, and fit for all purposes specified in this contract. The Contractor shall not Limit or exclude any implied warranties, and any attempt to do so shall render this contract voidable at the option of the City. The Contractor will provide copies of applicable warranties or guarantees to the Purchasing Manager. The City may return goods not meeting applicable warranties to the Contractor at the Contractor’s expense.

B. WARRANTY FOR PRICE: The City will pay the price for goods specified by the Contractor’s bid.

The Contractor warrants its price to be no higher than the Contractor’s current prices or charges on orders by others for products or services of the kind and specification covered by this bid contract for similar quantities under similar or like conditions and methods of purchase. In the event Contractor breaches this warranty, the prices or charges shall be reduced to Contractor’s current prices or charges on orders by others, or in the alternative, City may cancel this contract without liability to Contractor for breach or Contractor’s actual expense.

C. SAFETY WARRANTY: Contractor warrants that the goods sold to the City conform to the standards promulgated by the U.S. Department of Labor under the Occupational Safety and Health Act (OSHA) as amended. In the event the goods do not so conform, the Contractor must correct or replace the goods at the Contractor’s expense. If the Contractor fails to do so within a reasonable time, the City, at its discretion, may cause the correction to be made at the Contractor’s expense, or may return the goods at the Contractor’s expense and terminate this contract.

15. PROTESTS

A. The City Council is the final authority on issues relating to this contract. The Purchasing Manager is the City’s representative in the award and administration of this contract, and will issue and receive all documents, notices, and correspondence.

B. Any protest to the City’s consideration of any bid must be submitted in writing and delivered to the City of Seguin, ATTN: Purchasing Manager.

C. The protest may be delivered in person to the Purchasing office located at 211 North River, Seguin, Texas, or by certified mail, return receipt requested, to the following address: City of Seguin, Purchasing Department, ATTN: Purchasing Manager, PO Box 591, Seguin, Texas 78156-0591.

D. The written protest must include the following information before it may be considered by the City:

1. Name, mailing address, and business phone number of the protesting party;

2. Identification of the bid or proposal being protested;

3. A precise and concise statement of the reason/reasons for the protest which should provide enough factual information to enable the City to determine the basis of the protest;

4. Any documentation or other evidence supporting the protest.

E. The Purchasing Department, in conjunction with the department responsible for the bid or proposal solicitation, will attempt to resolve the protest, including, at the City’s option, meeting with the protesting party. If the protest is successfully resolved by mutual agreement, written verification of the resolution of each ground addressed in the protest will be provided to the City Manager. If the Purchasing Department is unable to resolve the protest, the protesting party may request the protest be reviewed and resolved by the City Manager.

F. A request for the City Manager’s review must be in writing and received by the Purchasing Department within three (3) business days from the date the Purchasing Department informs the protesting party the protest cannot be resolved. The request for review must be delivered in person to the Purchasing Department at the address stated above or by certified mail, return receipt requested, to the mailing address stated above. If the protesting party fails or refuses to request a review by the City Manager within the three (3) days, the protest is deemed finalized and no further review by the City is required. Applicable documentation and other information applying to the protest may be submitted by the protesting party to the Purchasing Department before review by the City Manager. If the protesting party requests a review by the City Manager, such documentation will be forwarded to the City Manager for consideration. The City Manager may likewise notify the protesting party or any City department to provide additional information.

G. The decision reached by the City Manager will be final, but the protesting party may still appear before the City Council during the hearing of citizens’ session.

16. SHIPMENT & DELIVERY

A. Bidder is to quote its lowest and best price F.O.B. Destination on each item to shipping location in Seguin, Texas unless otherwise specified in the bid documents. Pricing shall include packaging, transportation, unloading, and any trade and cash discounts, which may be taken if earned.

B. The bidder certifies all materials, parts, and equipment supplied or represented in response to this bid shall be new and unused unless noted elsewhere in the bid documents.

C. The title and risk of loss of the goods will not pass to the City until receipt and acceptance takes place at the FOB point. The City department receiving deliveries or issuing purchase orders under this contract will inspect and accept any and all deliveries made and may reject those items which are damaged or which do not conform to the specifications. The Contractor is responsible for the proper labeling, packing, and delivery to final destination, including replacement of rejected deliveries at no additional cost.

D. Delivery dates pertaining to this specification must be clearly stated in the bid form where required. The bidder will clearly state in the bid the time required for delivery upon receipt of contract or purchase order.