Tree Pruning Services IFB 2026.pdf

City of Huntsville, Alabama Finance Department

Procurement Services Division

Invitation For Bids Tree Pruning Services

Invitation for Bid #: 2-2026-52

Issue Date: October 17, 2025

Bid Bond Requirements: No, a Bid Bond is not required

Certificate of Insurance Requirements: Yes, a Certificate of Insurance is required

Pre-Bid Teleconference Date and Time: N/A

Pre-Bid Conference Date: N/A

Deadline for Questions Date: October 30, 2025 @ 2:00 PM CST All questions must be submitted in writing to Erin.Motes@huntsvilleal.gov

IFB Closing Date: November 6, 2025 @ 2:00:00 PM CST

Bid Opening Location: Council Chambers – 2nd Floor

305 Fountain Circle, Huntsville, Alabama 35801

Procurement Services Contact: Erin Motes Erin.Motes@huntsvilleal.gov

(256) 427-5056

City Internet Site: https://www.bidnetdirect.com/alabama/cityofhuntsville

IFB E-Documents: N/A

Bid Copies to be Submitted 1 Original

City File Reference: Tree Pruning Services 2026 mailto:Erin.Motes@huntsvilleal.gov https://www.bidnetdirect.com/alabama/cityofhuntsville

Invitation for Bid # 2-2026-52

TABLE OF CONTENTS

ADVERTISEMENT FOR BIDS – NOTICE TO BIDDERS

APPENDIX A: BIDDER PRICING FORM

APPENDIX B: DETAILED REQUIREMENTS CHECKLIST, IF APPLICABLE

APPENDIX C: BIDDER INFORMATION & ACKNOWLEDGMENTS

APPENDIX D: REPORT OF OWNERSHIP FORM

APPENDIX E: ADDITIONAL DOCUMENTATION, IF APPLICABLE (RESERVED)

APPENDIX F: SPECIAL TERMS AND CONDITIONS, IF APPLICABLE (RESERVED)

ATTACHMENT A GUIDING DOCUMENTS

SECTION 1.0 – INTRODUCTION

SECTION 2.0 – GENERAL TERMS AND CONDITIONS

SECTION 3.0 – BIDDER INSTRUCTIONS

ATTACHMENT B BONDS AND INSURANCE REQUIREMENTS

ATTACHMENT C BID IDENTIFICATION & MAILING LABELS

ADVERTISEMENT FOR BIDS – NOTICE TO BIDDERS

BID # 2-2026-52

DESCRIPTION

The City is soliciting sealed fixed-price bids from qualified vendors for the provision of Tree Pruning Services as specified in this Invitation for Bid. The scope of work may include, but is not limited to, the supply and delivery of goods, performance of services, or a combination thereof, as outlined in the Contract documents.

All proposed pricing shall be inclusive of all costs necessary to fulfill the Contract requirements, including labor, supervision, materials, equipment, tools of the trade, transportation, and any other associated expenses. Bidders are expected to provide a comprehensive and firm fixed-price proposal that reflects full compliance with the specifications and performance standards set forth by the City.

CONTRACT AWARD & TERM

It is the intention of the City to award a periodic contract to the lowest responsible and responsible bidder(s) that submits the lowest fixed price, confirming to the terms, conditions, and specifications as detailed in this solicitation.

The contract shall have an initial term of one (1) year from the date of award. The City reserves the right to extend the contract for two (2) additional one (1) year terms for a maximum of three (3) years as permissible under State Law.

The City shall notify the awarded vendor(s) a minimum of thirty (30) days prior to expiration of the contract term of its intention to either extend the contract for an additional term or allow the contract to terminate upon the term expiration date.

The City shall not guarantee the vendor(s) a minimum quantity of commodities and/or services to be provided under the contract.

It is the intent of the City of Huntsville to award this contract in whole; therefore, it is imperative that each vendor submits a bid for each item. Failure to do so may preclude further consideration.

CONTRACT PRICING

The contract pricing structure may be adjusted on an annual basis at the time of extension. Upon renewal, any price increase or decrease shall be in exact increments of any price increase or decrease imposed by the supplier. With any price increase, the contractor shall provide a copy of the supplier’s price increase notification along with the request. Contract pricing adjustments shall not be considered for fuel price fluctuations and fuel surcharges shall not be paid under this contract.

BID SUBMITTAL/RECEIVING OF BIDS

Bids shall be submitted to Procurement Services on or before the scheduled bid opening date as specified on the cover page. All bids must be in Procurement Services possession by 2:00:00PM CST on the schedule bid opening date. Bid packets will be date and time stamped upon receipt by Procurement Services.

For the purposes of receiving bids, the clock located in the City Council Chambers located on the 2nd Floor of 305 Fountain Circle, Huntsville, Alabama 35801, regulated by the National Institute for Standards and Technology (NIST), shall be the official record of time.

Bid Opening Day Submittals: Bidders submitting bids on the scheduled bid opening date who arrive at City Hall – 305 Fountain Circle, Huntsville, Alabama 35801 at 1:45:00PM or after shall report directly to the Council Chambers and hand-deliver (submit) their bid proposal to Procurement Services.

All timely submitted bids will be publicly opened and read in the Council Chambers at 2:00:00PM CST.

OTHER REQUIREMENTS

• Bid Packet Submittal Checklist:

o Appendix A: Bidder Pricing Form o Appendix B: Detailed Requirement Checklist, if applicable (Reserved) o Appendix C: Bidder Information and Acknowledgments o Appendix D: Report of Ownership Form o Appendix E: Additional Documentation, if applicable (Reserved) o Appendix F: Special Terms and Conditions, if applicable (Reserved) o E-Verify Memorandum of Understanding – www.e-verify.gov o Bid Bond, if required pursuant to cover page o Bid Identification/Mailing Label

• Certificate of Insurance (COI) – required of the successful bidder as a requirement of contract award as outlined in the General Terms and Conditions. A valid (current) COI shall be maintained and provided by the successful bidder for the duration contract.

• City of Huntsville Business License – successful bidders who maintain a physical location and/or physically conduct business in the city limits of Huntsville shall provide a copy and maintain an active business license for the duration of the contract.

http://www.e-verify.gov/

APPENDIX A

BIDDER PRICING FORM

The City reserves the right to make an award in whole or part to one or more Bidders whenever deemed necessary and in the best interest of the City. Per the Advertisement for Bid - Notice to Bidders, bids will be evaluated as a whole.

All minimum quantities provided are considered to be estimates only.

Bidder must include in its Bid price all labor, supervision, materials, equipment, and tools of the trade required to meet the Contract requirements. Prices quoted shall be in U.S. Dollars, delivered prices, F.O.B. destination, exclusive of all federal or state excise, sales, and manufacturer's taxes. The City will not accept charges for transportation, handling, packaging, installation or out-of-pocket expense other than as specified in the Bid.

Prices quoted to the City shall remain firm for a minimum of ninety (90) days from the date of opening of the bid, unless so stated differently in the bid. If there are discrepancies between unit prices quoted and extensions, the unit price will prevail. The City will be protected against any increase above the price in the bid. Any bid containing an "Escalator Clause" will not be considered unless so stipulated in the Invitation for Bid. Discounts will be considered in determining the lowest responsible bidder, however, any payment term based on less than 30 days will not be considered. Discounts will be figured from the date of acceptance by the City regardless of date of delivery or invoice.

Bidder shall acknowledge receipt of all addenda in the space provided on the Bidder Pricing Form below. Failure to acknowledge receipt of addenda shall not relieve Bidder of full responsibility for all requirements contained in addenda.

We acknowledge receipt of the following addenda: ______________________________

PERSONNEL COST PER HOUR

A. Foreman/Driver

1. Regular Time

2. Overtime & Holiday Time

B. Climber

1. Regular Time

2. Overtime & Holiday Time

C. Crewman / Flagman

1. Regular Time

2. Overtime & Holiday Time

In no event shall overtime and holiday time exceed regular time and a half.

EQUIPMENT COST PER HOUR

A. Power Lift Truck

1. 50’ minimum

2. 70’ minimum

B. Diesel Driven Brush Chipper

1. Drum Type (12” min head)

2. Disk Type (12’ min head”

C. Follow-Up (Split Dump) Truck D. Pick Up Truck

**Contact Person & Number (24 hours for after-hours emergencies):

This Price Bid Form is hereby submitted by the undersigned. I affirm that I understand and agrees that any form of electronic signature, including but not limited to signatures via facsimile, scanning, or electronic mail, may substitute for the original signature and shall have the same legal effect as the original signature.

Printed legal name of Bidder Printed name of individual/corporate officer/general partner/joint venturer AND Title

Signature Date

APPENDIX B

DETAILED REQUIREMENTS CHECKLIST

The following specifications are being provided to potential bidders as guidelines which describe the minimum type and quality of service the City of Huntsville is requiring. The Bidder must indicate compliance or list exceptions to each specification item for consideration and/or acceptance. Failure to comply with this provision shall be cause for rejection of the bid as non-responsive.

Line Ref # Detailed Requirements

Compliant?

Yes No

SECTION I - GENERAL SPECIFICATIONS

COMMUNICATIONS:

The Contractor shall, at its own expense, furnish each Foreman with a cell phone and other listed equipment in this section. This cell phone shall have at least North Alabama coverage, functioning voice mail, SMS texting, and picture texting capability. Phones shall be used to provide constant contact between City personnel and each crew during working hours and for emergency contact after hours. Bluetooth or similar devices are to be issued to each foreman to enable safe communication even when driving. Professional grade communication devices (walkie-talkies) shall be made available for flagging traffic when needed. A 24-hour-a-day contact number shall be given to the City Arborist for after-hours emergencies.

TECHNICAL STANDARDS:

All tree maintenance activities shall be done in accordance with the current version of technical specifications of the American National Standards Institute, including ANSI Standard A300 (Methods) and ANSI Standard Z133.1 (Safety). (See also Section V.) No gaffs (climbing spurs) will be used or worn in any tree to be left standing, without specific authorization of the City Arborist, except in the event of a life-threatening emergency.

DISPOSAL OF DEBRIS:

All tree maintenance debris, including chips, limbs, leaves, logs, oil containers, personal trash, etc.

will be disposed of in accordance with Chapter 22 of the City of Huntsville Municipal Code, as revised and supplemented. During all phases of work, tree parts will be dropped or lowered onto public property right-of-way, or easement, avoiding private property as much as possible.

Cleanup required from each day’s work will be completed on that day. Each work site will be left as clean as it was before work started, or cleaner. Chips and/or fuel wood may be left at the work site by agreement between the adjoining landowner and the Contractor. The Contractor will make no agreement with any third party other than the adjoining landowner or the City of Huntsville, to leave, deliver, or otherwise dispose of such tree-maintenance residues, except by explicit instructions of the City Arborist.

Butt-sections of trees and other heavy or cumbersome residues may be cut to manageable length and left on or near rights-of-way for pickup by arrangement between the City Arborist and the Public Works Sanitation Division, provided they do not pose a hazard to vehicular traffic. The Contractor will immediately notify the City Arborist when such residues are left on the right-of-way.

SECTION II - REQUIRED PERSONNEL

6 All work and services shall be performed by the Contractor or its employees.

A. DEFINITION OF WORK CREW:

A crew shall consist of two, three, or four-persons (at the City Arborist’s discretion) qualified to operate required equipment listed below, and with qualifications and experience as described below, including:

1. Foreman: The foreman is the working leader and driver of a climbing crew, able to organize and supervise crew work and to integrate a power lift truck into this crew’s operation by arrangement with the City Arborist when desirable to promote efficiency and/or safety. The foreman’s duties shall include, but not be limited to: (1) climbing trees by the use of standard roping practices; (2) removing or pruning trees according to the standards in Section I-C; (3) removing tree residues without damage to nearby property, and in accordance with the requirements in Section I-D; (4) cabling, bracing, guying, and related ground and aerial tree maintenance operations; (5) keeping daily work reports in support of the Contractor’s invoices; (6) contacting the City Arborist to coordinate work schedules;

(7) contacting the owners of property adjacent to work sites, and tactfully handling or referring complaints or disputes. The foreman must have an adequate Commercial Driver’s License and a minimum of three years of experience as crew foreman. The foreman shall be clearly fluent in English, wear attire indicating foreman status, and have a working knowledge of Huntsville streets.

2. Climber: The climber’s duties shall include, but not be limited to (1) climbing trees by the use of standard roping practices; (2) removing or pruning trees according to standards in Section I-C; (3) removing tree residues without damage to nearby property, and in accordance with the requirements in Section I-D; (4) cabling, bracing, guying, and related ground and aerial tree maintenance operations. The climber may occasionally perform functions of the Foreman, when necessary for smooth work continuity. The Climber may function as the driver only on a temporary basis and with approval from the City Arborist.

3. Crewman/Flagman: Employees used to perform functions requiring non-supervisory skills and experience, such as climbing and bucking, brush carrying and chipping, traffic control, and assisting with other duties as required by the crew Foreman. The Crewman may function as the driver only on a temporary basis and with approval from the City Arborist.

The Contractor shall provide two-person, three-person, or four-person crews, at the City Arborist’s discretion, which normally shall consist of the following:

Crew Size: 2-person 3-person 4-person Category:

Foreman/Driver 1 1 1 Climber 1 1 1 Crewman/Flagman - 1 2 Power Lift Truck 1 1 1 Chipper (*) 1 1 1 Follow-up Truck - - 1 (*) Drum or disk type, by arrangement between City Arborist and Contractor – see Section III- Equipment, letter A, item #2.

12 Upon request, the Contractor will supply additional two, three, or four-person crew units at the pro-rata prices determined in this Contract within two (2) weeks of notification of need.

B. TECHNICAL CERTIFICATION BY THE INTERNATIONAL SOCIETY OF

ARBORICULTURE (ISA):

The Contractor shall have, directly in the line of authority over work for the City of Huntsville under this contract, employees with professional certification by the International Society of Arboriculture, as follows:

1. Arborist Certification by the International Society of Arboriculture (ISA): At least one area (locally-based) foreman, general foreman, or crew foreman supervising contractor activities for the City of Huntsville under this contract must have and maintain current ISA Arborist Certification. An employee assuming this position shall have six (6) months, from the date of assignment, to meet this requirement.

2. Tree Worker Certification by the International Society of Arboriculture (ISA): Each person serving as the foreman of a crew operating under this contract must obtain at company expense, within the first 4 months of the contract start, and subsequently maintain current ISA Tree Worker Certification. After contract start, an employee assuming this position shall have six (6) months, from the date of assignment, to meet this requirement. The City Arborist may waive this requirement at his sole discretion.

SECTION III - EQUIPMENT Compliant?

Yes No

14 The Contractor, together with any company from which equipment is bought, rented or leased, is solely responsible for the mechanical condition and safe operation of all equipment.

The Contractor shall provide sufficient equipment for the duration of contract. The Contractor shall use first-class materials, tools, and equipment that are recognized by the industry as appropriate for forestry work.

Safe productivity is of the utmost importance. To ensure a safe and continuous operation with minimal equipment delays, the Contractor shall utilize reliable equipment never more than four (4) years old from the oldest date of manufacture, and all equipment must meet or exceed ANSI standards for the duration of the contract.

A. CONTRACTOR OWNED EQUIPMENT (CONTINUOUSLY AVAILABLE):

1. Power Lift Truck: Power lift truck (bid rate: dollars per hour in service) with: enclosed integral hydraulically-dumping chip box having a minimum capacity of at least ten (10) cubic yards; a working height ceiling as listed on the bid pricing form; boom mounted over center with fully surrounded one-man fiberglass basket mounted on cab and chassis, equipped with two (2) independently-operated hydraulic stabilizers, and electrically insulated boom. The Contractor must at his own expense provide certification (dated not more than sixty (60) days before the execution of this agreement) by a qualified independent testing laboratory that such power lift truck fully meets all dielectric and stress properties required in the current editions of ANSI Standards Z133.1 and A92.2.

All safety certifications must be maintained and documented throughout the life of this agreement.

2. Brush Chipper: Auto-feed brush chipper with 12-inch minimum head. (Bid rate: dollars per hour in service—supply separate prices for both disk type and drum type chippers). The type of chipper to be used will be specified by the City Arborist, with at least two weeks notification to the Contractor before changing types.

19 3. Follow Up (Split Dump) Truck: (Bid rate dollars per hour in service) having an enclosed hydraulically-dumping chip box, and set up for pulling the chipper.

20 4. Miscellaneous Tools and Equipment (per vehicle): With all blades properly sharpened, continuously available and serviceable, at work sites:

(a) Chain Saws:

21 At least one (1) with forty-eight inch (48") bar per two crews 22 At least one (1) with thirty-inch (30”) bar per crew 23 At least one (1) with eighteen-inch (18”) bar per crew 24 At least one (1) lightweight, for use by climbing workers per crew 25 At least one (1) extendable power pole saw (STIHL BRAND ONLY) per crew 26 A hydraulically powered pole pruner acceptable for use near charged conductors on each bucket truck

(b) Climbing Gear:

27 At least one (1) serviceable set of climbing gear (saddle with safety strap, 100 ft (min) climbing rope, throw ball and line) per two crews

28 (c) Log-Lowering Rope for each crew

(d) Hand Tools:

29 Pruning saws (ARS brand or approved equal by City Arborist) for each crew 30 Pruning shears (Felco #2 only) for each crew

31 Pole pruner and pole saw, pull pole and two extensions, ax, shovel, rake, street broom, scoop, City Arborist pre-approved professional gasoline powered blower for each crew

32 Mallet, chisel, wedge (at least one each) for each crew 33 Tools for cable and brace installation, available with two (2) days’ notice by City Arborist 34 Log Roller for each crew

35 (e) Work zone Safety Signs and Traffic Control Cones (see Section V - Safety, Licenses, Accidents and Insurance) for each crew

B. PURCHASE OF SUPPLIES AND RENTAL OF SPECIAL EQUIPMENT: Compliant?

Yes No

36 The City Arborist must authorize rental of any necessary equipment or special services, beyond those required to qualify for bidding, in writing, in advance.

Consumable materials (other than fuels etc.) installed or used by the contractor: Work orders may specify that the City will provide such materials, or may specify suppliers for them. If purchased by the Contractor, such materials will be added to each invoice as separate items, with their sources indicated, and billed at the contractor’s actual cost plus a handling charge of not more than ten percent (10%). Copies of invoices for these materials must be furnished to the City Arborist along with the Contractor’s invoices for work performed. Any materials or tools purchased and included on the contractor’s invoice become the property of the City of Huntsville.

SECTION IV - WORK SCHEDULING, INSPECTION AND PAYMENT

A. WORK SCHEDULING:

Unless otherwise specifically authorized by the City Arborist, work shall be limited to a maximum of ten (10) work-hours per day, including one-way travel each day from the Contractor’s local headquarters to the nearest work site for the day, and forty (40) work hours per week. The schedule will be set by the City Arborist and work will consist of either four or five days a week.

B. WORK ORDERS:

Work will generally be coordinated with the Contractor by means of written work order from the City Arborist. Work orders issued by word-of-mouth from the City Arborist will be followed up in writing, either with a separate work order or by annotating an existing work order.

The Contractor shall contact the City Arborist daily during active work periods, to coordinate the work schedule, arrange for needed support, etc. The Contractor shall notify the City Arborist within twenty-four (24) work hours of the completion of each work order and provide accurate and complete records. The City Arborist will inspect work at his discretion.

All routine work is to be completed and ready for acceptance inspection within one calendar week of receipt of work order, except by specific arrangement with the City Arborist. Time limits for work of an emergency or unusually urgent nature will be agreed upon between the City Arborist and the Contractor’s representative. City-provided time sheets shall be turned in daily.

C. INVOICES:

Invoices may cover one or more entire work orders, or weekly periods spent on large partially completed work orders. The City Arborist shall verify that all work on each work order is acceptable before authorizing payment of the contractor’s invoice. Invoices will be submitted for payment monthly or more often. Time sheets shall be made available to the City Arborist upon request.

D. CONSIDERATION FOR HOURLY RATE INCREASES ON AN ANNUAL BASIS:

The City desires to provide the best tree-care service for the citizens of Huntsville, at the best possible price. Two months before the end of the first year of this contract, and of each succeeding year, the Contractor and the City’s Agent will evaluate the level and quality of service, and the cost to the contractor of providing these services. Factors to be considered will include changes in minimum wage, average fuel costs for the past year, changes in residue-disposal charges (if appropriate), and productivity of the crew. If it is determined by both parties that the contractor is not being fairly compensated for work performed, then the Contractor will submit a formal request to increase the hourly rate paid, by an amount equal to increases in the Federal Minimum Wage rate and increases in other directly related costs. Once approved, the rates agreed upon will continue in effect until the next review, or until the conclusion of the contract.

E. BILLING OF SOLID WASTE DISPOSAL AUTHORITY (SWDA) CHARGES:

44 Invoices and scale tickets for disposal of residues at Solid Waste Disposal Authority facilities will be submitted to the City Arborist, along with weekly crew reports, for payment by the City of Huntsville.

SECTION V - SAFETY, LICENSES, ACCIDENTS AND INSURANCE

A. SAFETY:

The Contractor shall make every effort to prevent accidents. All work must conform to the most current edition of the American National Standards Institute (ANSI) Standard Z-133.1 (Safety Requirements for Pruning, Trimming, Repairing, Maintaining, and Removing Trees, and for Cutting Brush). A copy of this standard is on file in the City Arborist’s office.

Before any Contractor employee performs any field duties under this contract, the Contractor shall certify to the City Arborist in writing that such employee is either a “qualified line clearance arborist” or “qualified line clearance arborist trainee,” as defined in ANSI Std-133.1, of which the most recent edition is made a part of this contract by this reference.

The Contractor shall be responsible for, and the bid price shall include, the provision of traffic control devices and procedures as shown in the current edition of Section G, Alabama Manual for Uniform Traffic Control Devices, for work zone areas, for each work item affecting the flow of traffic on public rights-of-way and for police presence in hazardous areas. A copy of this standard can be obtained from the City Arborist’s office, and the most recent edition is made a part of this contract by this reference. The Contractor shall be responsible for following this standard for all work activities within this bid.

B. LICENSES:

48 The successful Contractor shall obtain all professional certification, necessary state and local licenses and permits required to perform this work.

C. ACCIDENTS:

The Contractor shall take all precautions necessary to protect persons and property from injury or damage during the performance of this contract. He shall be responsible for any injury to himself, his employees, or others, as well as for any damage to personal or public property that occurs during the performance of this contract.

Damage done by the Contractor to any person or property, public or private, is the total responsibility of the Contractor, and is to be repaired or compensated for by the Contractor to the satisfaction of, and at no cost to, the City of Huntsville.

In all cases involving injury or property damage, the Contractor is not to perform work until photography, police reports, and other evidence-gathering activities are completed to the satisfaction of the City Arborist, the owner of any private property involved, and the Huntsville Police Department, if appropriate.

APPENDIX C

BIDDER INFORMATION & ACKNOWLEDGEMENTS

1. BIDDER INFORMATION

Business Organization

Name of Proposer (exactly as it would appear on an agreement):

Doing-Business-As Name of Proposer:

Principal Office Address:

Telephone Number: _________________________________________________________

Fax Number: _________________________________________________________

Form of Business Entity [check one (“X”]

Corporation _____ Partnership _____ Individual _____ Joint Venture _____ Other (describe): _____ _________________________________________________

Corporation Statement

If a corporation, answer the following:

Date of incorporation: _________________________________________________________ Location of incorporation: _________________________________________________________ The corporation is held: Publicly ___ Privately ___

Names and titles of corporate officers:

Partnership Statement

If a partnership, answer the following:

Date of organization: _________________________________________________________ Location of organization: _________________________________________________________ The partnership is: General ___ Limited ___

Name, address, and ownership share of each general partner owning more than five percent (5%) of the partnership:

Joint Venture Statement

If a Joint Venture, answer the following:

Date of organization: _________________________________________________________ Location of organization: _________________________________________________________ JV Agreement recorded? Yes ___ No ___

Name, address of each Joint Venturer and percent of ownership of each:

2. CITY OF HUNTSVILLE EMPLOYEE, MEMBER OF HOUSEHOLD OR BUSINESS

ASSOCIATE

Code of Ala. 1975§36-25-11 requires that contracts entered into with a public official, a public employee, a member of the household of the public official or public employee, or a business with which a public official or public employee associates be filed with the Alabama Ethic Commission. If you are awarded the contract, and if you are a City employee, or if a member of your household is a City employee or public official, or if your business associates with a City employee or public official, you must comply with the provisions of Code al Ala. 1975§36-25-11.

City Employee Yes ______ No ______ If “Yes,” Department ________________________

Member of Household City Employee Yes ______ No ______ If “Yes,” Name (s) ________________________

Anyone associated with your company a City Employee Yes ______ No ______ If “Yes,” Name (s) ________________________

3. CONTRACTOR E-VERIFY – NOTICE

The Beason-Hammon Alabama Taxpayer and Citizen Protection Act, Act No. 2011-535, Code of Alabama (1975) § 31-13-1 through 31-13-30 (also known as and hereinafter referred to as “ the Alabama Immigration Act”) as amended by Act No. 2012-491 on May 16, 2012 is applicable to all competitively bid contracts with the City of Huntsville.

As a condition for the award of a contract and as a term and condition of the contract with the City of Huntsville, in accordance with § 31-13-9 (a) of the Alabama Immigration Act, as amended, any business entity or employer that employs one or more employees shall not knowingly employ, hire for employment, or continue to employ an unauthorized alien within the State of Alabama.

During the performance of the contract, such business entity or employer shall participate in the E-Verify program and shall verify every employee that is required to be verified according to the applicable federal rules and regulations. The business entity or employer shall assure that these requirements are included in each subcontract in accordance with §31-13-9(c). Failure to comply with these requirements may result in breach of contract, termination of the contract or subcontract, and possibly suspension or revocation of business licenses and permits in accordance with §31-13-9 (e) (1) & (2).

Code of Alabama (1975) § 31-13-9 (k) requires that the following clause be included in all City of Huntsville contracts that have been competitively bid and is hereby made a part of this contract:

“By signing this contract the contracting parties affirm, for the duration of the agreement, that they will not violate federal immigration law or knowingly employ, hire for employment, or continue to employ an unauthorized alien within the State of Alabama. Furthermore, a contracting party found to be in violation of this provision shall be deemed in breach of the agreement and shall be responsible for all damages resulting therefrom.”

4. ACKNOWLEDGEMENTS

I hereby certify that I have read and understand the City of Huntsville’s General Terms and Conditions. I hereby certify that I agree to comply with all of the General Terms and Conditions of this IFB. I also understand that the General Terms & Conditions are standard and that any contradicting requirements of the IFB supercede.

I affirm that I have not been in any agreement or collusion among Proposers or prospective Proposers in restraint of freedom of competition.

Upon award of this bid, I will not substitute any item on this bid under any circumstances.

By signing this submittal, the Bidder represents and agrees that it is not currently engaged in, nor will it engage in, any boycott of a person or entity based in or doing business with a jurisdiction with which the State of Alabama can enjoy open trade.

I affirm that I understand and agrees that any form of electronic signature, including but not limited to signatures via facsimile, scanning, or electronic mail, may substitute for the original signature and shall have the same legal effect as the original signature.

Signature of Proposer Legal Name of Firm

Print or Type Name of Proposer Mailing Address

Date City State Zip Code

Phone Fax

Email Address

Website Address

APPENDIX D

REPORT OF OWNERSHIP FORM

A. General Information. Please provide the following information:

Legal name(s) (include “doing business as”, if applicable):______________________________________________.

City of Huntsville current taxpayer identification number (if available): _____________________________________.

(Please note that if this number has been assigned by the City and if you are renewing your business license, the number should be listed on the renewal form.)

B. Type of Ownership. Please complete the un-shaded portions of the following chart by checking the appropriate box below and entering the appropriate Entity I.D. Number, if applicable (for an explanation of what an entity number is, please see paragraph C below):

Type of Ownership (check appropriate box)

Entity I. D. Number & Applicable State

Individual or Sole Proprietorship

Not Applicable

General Partnership

Not Applicable

Limited Partnership (LP)

Number & State:

Limited Liability Partnership (LLP)

Limited Liability Company (LLC) (Single Member)

LLC (Multi-Member)

Corporation

Other, please explain:

Number & State (if a filing entity under state law):

C. Entity I.D. Numbers. If an Entity I.D. Number is required and if the business entity is registered in this state, the number is available through the website of Alabama’s Secretary of State at: www.sos.state.al.us/, under “Government Records”. If a foreign entity is not registered in this state please provide the Entity I.D. number (or other similar number by whatever named called) assigned by the state of formation along with the name of the state.

D. Formation Documents. Please note that, with regard to entities, the entity’s formation documents, including articles or certificates of incorporation, organization, or other applicable formation documents, as recorded in the probate records of the applicable county and state of formation, are not required unless: (1) specifically requested by the City, or (2) an Entity I.D. Number is required and one has not been assigned or provided.

Please date and sign this form in the space provided below and either write legibly or type your name under your signature. If you are signing on behalf of an entity please insert your title as well.

Signature: ________________________________________________ Title (if applicable): __________________________

Type or legibly write name: ___________________________________ Date: ____________________________________ http://www.sos.state.al.us/

APPENDIX E

ADDITIONAL DOCUMENTATION

N/A

APPENDIX F

SPECIAL TERMS & CONDITIONS

This contract is partially funded with 49 U.S.C., Chapter 53, Title 23, Section 5307, CFDA 20.507, Federal Transit

Grant Funds. The attached Federal Compliance items must be certified. All proposals that do not have the certifications attached will be disqualified.

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ATTACHMENT A – GUIDING DOCUMENTS

SECTION 1.0 INTRODUCTION

The City hereby gives notice it is requesting sealed bids for the goods and/or services described in Appendix B of this Invitation for Bid. The City intends to award a contract to the successful Bidder(s) who the City determines will best meet the City’s objectives as described herein.

The major objectives of this IFB are as follows:

• Describe the goods and/or services desired by the City.

• Describe the City contract terms and conditions.

• Provide Bidders with instructions for responding to this IFB.

1.1 DEFINITIONS

In addition to other terms that may be defined herein, certain terms and abbreviations are defined as follows:

“City” City of Huntsville, Alabama “Contract” The agreement between the City and the Bidder chosen by the City pursuant to this IFB. The contract shall include this IFB and the selected Bid.

“Contractor” The party with whom the City will execute the Contract.

“Bid” The response to this IFB submitted by a Bidder.

“Bidder” A person or entity submitting a response to this IFB.

“IFB” This Invitation for Bid, and all addenda, appendices, and attachments.

“IFB E-Documents” The documents referenced by this name on the cover of this IFB.

1.2 CONTACT INFORMATION

All questions regarding this IFB must be directed in writing to the contact provided on the cover of this IFB.

1.3 SCHEDULE

The sequences of events related to this IFB are as follows:

A. Pre-Bid Conference: A Pre-Bid Teleconference or Conference, as the City deems necessary, will be held at the date and time specified on the cover of this IFB, at which time City representatives will discuss the requirements of the IFB and answer any questions regarding the IFB. The City will issue a notification by addenda of the Teleconference call-in number and password on the day of the conference. Any Conferences will be held in the City Council Conference Room located on the 6th floor of Huntsville City Hall, 305 Fountain Circle, Huntsville, Alabama.

B. Deadline for Questions: All questions must be received in writing not later than the deadline for questions date noted on the cover of this IFB.

C. IFB Closing Date: Bids are due no later than 2:00:00 PM City time on the bid closing date noted on the cover of this IFB.

D. Bidder Teleconference/Presentation/Demonstration: To possibly be held as described herein on the date noted on the cover of this IFB.

E. Bid Selection: Within ninety (90) days of bid closing date, unless extended by the City.

F. Bid Negotiation: To be announced.

G. Contract Award: Successful Bidder(s) will be notified of the date the award will be submitted to the City Council for approval. The City will notify Bidder(s) about the need to execute contract documents and provide other required documents as required.

H. Award Notification: City will provide final notification of award and/or notification to proceed when all City requirements have been met.

SECTION 2.0 GENERAL TERMS & CONDITIONS

It is the intent of the City, through this IFB to establish to the greatest extent possible complete clarity regarding the obligations of all parties to be incorporated in the Contract. Before submitting a bid, Bidder should become familiar with all requirements of this IFB and the conditions and requirements under which the Contract obligations must be fulfilled.

2.1 INTERPRETATIONS

The City will not be responsible for the Bidder’s misunderstanding of the scope of work or any terms and conditions of the Contract. The City will not be responsible for oral interpretations of this IFB. Bidder’s questions and/or comments concerning lack of clarity, defects and questionable or objectionable material in the IFB must be submitted in writing to and received by the contact provided on the cover of this IFB not later than the deadline for questions date noted on the cover of this IFB. Questions shall specify the Section(s), paragraph(s), and page number(s) to which the question refers.

2.2 ADDENDA

The City may issue addenda to this IFB to provide additional information or clarifications. The City of Huntsville will not be responsible for a Bidder’s failure to acquire any addenda issued.

The City will issue notifications of addenda issued via the City’s Internet Site, and Bidders who have downloaded this IFB will be notified of any addenda by email. It is the Bidder’s responsibility, however, to periodically check the City’s Internet Site for addenda issued. All Bidders will be responsible for downloading any addenda at https://www.bidnetdirect.com/alabama/cityofhuntsville.

Bidder shall acknowledge receipt of all addenda in the space provided on the Bidder Pricing Form (Appendix F). Failure to acknowledge receipt of addenda shall not relieve Bidder of full responsibility for all requirements contained in addenda.

2.3 PRE-BID CONFERENCES & QUESTIONS

A Pre-Bid Conference or Teleconference may be scheduled to review and answer any pertinent questions concerning the bid and the specifications. Any questions or requests for clarification must be addressed at these events, if scheduled, or submitted in writing not later than the deadline for questions noted on the cover of this IFB.

2.4 PRICE REDUCTIONS

If at any time after the date of the contract award, the Bidder makes a general price reduction in the comparable price of any material covered by the contract to customers generally, an equivalent price reduction based on similar quantities and/or considerations shall apply to this contract for the duration of the contract period or until the price is further reduced. Such price reduction shall be effective at the same time and in the same manner as the reduction in the price to customers generally. For purpose of this provision, an occasional sale at a lower price or sale of distressed merchandise would not be considered a general price reduction.

https://www.bidnetdirect.com/alabama/cityofhuntsville

2.5 LOCAL PREFERENCE

The City may choose to utilize a local preference for the award of a contract for items of personal property or services as provided by and in accordance with §41-16-50 of the Code of Alabama (1975). A local preference is not applicable to the award of a contract funded by federal grant.

2.6 BID AWARDS

The City reserves the right to accept or reject any or all items covered in the request, or any portion(s) thereof, waive formalities, re-advertise and/or take such other steps decreed necessary and in the best interest of the City. The City reserves the right to make an award in whole or part to one or more bidders whenever deemed necessary and in the best interest of the City.

All bids will be awarded to the lowest responsive and responsible bidder. This determination may involve all or some of the following factors: price, conformity to specifications, financial ability to meet the contract, previous performance, facilities and equipment, availability of repair parts, experience, delivery promise, terms of payments, compatibility as required, other costs, and other objective and accountable factors which are reasonable. In the event only one bidder responds to an invitation to bid, the City may reject the bid and negotiate the purchase or contract, providing the negotiated price is lower than the bid price.

Written notification of award will be mailed the successful bidder upon approval of the Huntsville City Council. All other bidders will also be notified by mail and Bid Bonds, if applicable, will be returned at that time. Orders will be placed by issuance of a purchase order against the contract which serves as the contractor’s authorization. Delivery instructions will be noted on the purchase order as well as billing instructions.

2.7 INVOICING THE CITY

Invoices submitted pursuant to this IFB must include:

a. Name and remittance address of Bidder.

b. Invoice date.

c. Invoice number.

d. IFB number.

e. City purchase order number.

f. Contact information of the person to be notified in event of a discrepancy in the invoice.

2.8 PAYMENT TERMS

The City will render payment to the successful Bidder(s) by check or electronic funds transfer on a net 30-day basis after receipt of an invoice that has been submitted as required in this IFB unless the City authorizes alternative terms in writing.

2.9 NON-APPROPRIATION

The City assumes no legal liability to purchase items or services under any contract until funds are appropriated for that particular fiscal year.

2.10 SPECIFICATIONS

The specifications are provided to potential bidders as guidelines that describe the type and quality of commodity or service the City is seeking to procure. The Bidder must indicate compliance or list exceptions to each specification item for consideration. Failure to comply with this provision could be cause for rejection of the bid.

The name of a certain brand, make, manufacturer, or definite specification is to denote the quality standard of the article desired but does not restrict the Bidder to the specified brand, make, and manufacturer or specification names. It is set forth to convey the general style, type, character, and quality of the article desired by the City. Bidder shall incur all cost involved in obtaining an Independent Laboratory Test if the City deems necessary.

It will be assumed that all bids are based upon the specifications unless the Bidder stipulates to the contrary on the Bid form, in which case, the Bidder shall point out in detail any and all deviations from the specifications. Bidders having items that do not meet the specifications may offer the same on an optional basis. Minor exceptions from the specifications may be considered if they do not alter the performance for the intended purpose. The City reserves the right to request a demonstration of any and all items bid before making the award.

All items bid will be inspected by a representative of the City upon delivery to ascertain compliance with the specifications. Items not in compliance with the specifications will be rejected until proper remedial measures are taken to assure compliance.

2.11 NEW EQUIPMENT

All manufactured commodities shall be new, latest model unless otherwise stipulated. The Bidder shall guarantee that commodities submitted for their bid shall be new, and of the latest and most improved model of the current production and shall be of first quality as to workmanship and materials used in said units. All modifications shall be made at the factory. Equipment shall not have been operated for any purpose other than routine operational testing. Demonstrators will not be accepted unless specifically requested.

2.12 WARRANTY

The Bidder shall assume full responsibility for warranty of all components of the equipment. A statement shall be attached with the Bid setting out the conditions of the warranty. The manufacturer's standard warranty shall be furnished.

2.13 CONTRACT TERM

In accordance with the Alabama Competitive Bid Law, as amended, the City may enter into multi-year leases, purchase, and lease-purchase contracts for the acquisition of goods, supplies, materials and all other types of personal property, real property, and services for a period not to exceed three years with the following provisions:

a. Contracts shall terminate without further obligation on the part of the City except as set forth in the contract as permitted by this Act at the close of the calendar year in which it was executed and at the close of each succeeding calendar year for which it may be renewed as provided in this section;

b. Contracts may provide for automatic renewal unless positive action is taken by the City to terminate such contract, and the nature of such action shall be determined by the City and specified in the contract.

2.14 CONTRACT ASSIGNMENT AND SUBLETTING

The Contractor shall not assign, transfer, convey, sublet or otherwise dispose of his or her contractual duties to any other person, firm or corporation without the previous written consent of the city. If the contractor desires to assign his or her right to payment of the contract, the contractor shall notify the city immediately, in writing, of such assignment of right to payment.

In no case shall such assignment of contract relieve the contractor of his or her obligations or change the terms of the contract.

2.15 CONTRACT MODIFICATION

This agreement may not be changed or modified, in whole or in part, except by a written instrument signed by all parties. Any deviation from the solicitation specifications and requirements and the contract terms and conditions may result in the bidder being deemed non-responsive.

2.16 INSURANCE REQUIREMENTS

The bid documents will state any applicable insurance requirements. (See Attachment B)

2.17 HOLD HARMLESS

The successful Bidder agrees to defend, indemnify, and hold the City harmless from any and all causes of action or claims of damages arising out of or related to Bidder's performance.

2.18 ORDER OF PRECEDENCE

Any specific terms and conditions described elsewhere in this IFB shall supersede any provisions described in these General Terms and Conditions.

2.19 ALABAMA IMMIGRATION LAW

Bidder must agree to comply with Alabama Immigration Law - see Appendix C.

2.20 EQUAL OPPORTUNITY

The City has an Equal Opportunity Purchasing Policy and encourages utilization of minority and women-owned business enterprises in its procurement activities. The City provides equal opportunities for all businesses and does not discriminate against any Bidder regardless of race, color, creed, sex, national origin, or disability in consideration for an award.

2.21 ADA

The vendor/Bidder/contractor agrees to comply fully with the Americans with Disabilities Act and will indemnify and hold harmless the City from all costs, including but not limited to damages as well as attorney's fees and staff time, in any action or proceeding brought alleging a violation of the American with Disabilities Act to the extent arising out of or resulting from acts of the contractor, its employees, or agents.

2.22 RIGHT TO INSPECT

At reasonable times, the City may inspect those areas of the Bidder’s place of business that are related to the performance of a contract. If the City makes such an inspection, the Bidder must provide reasonable assistance. The City reserves the right on demand and without notice to inspect all of the Bidder’s files associated with a subsequent contract where payments are based on Bidder’s record of time, salaries, materials, or actual expenses. This same clause will apply to any subcontractors assigned to the contract; and, subcontractors, at any tier, may be required to provide access to records as provided in 49 U.S.C. § 5325(g).

2.23 ETHICS, COMPLIANCE AND OTHER MATTERS

For purposes of this Section, Bidder includes Bidder’s parent company(ies), subsidiary(ies), and affiliate(s). In Appendix C, Bidder’s signature shall hereby include acknowledgement that:

a. Bidder is fully qualified to provide the requested goods and services to the City.

b. Bidder is properly established, licensed, and authorized to do business in the State of Alabama and the City, or will be prior to commencement of performance under the Contract.