COOPERATIVE PURCHASING PROGRAM
Houston-Galveston Area Council of Governments
3555 Timmons, Suite 120, Houston, TX 77027
Phone: 800-926-0234 Fax: 713-993-4548
www.hgacbuy.org
INVITATION TO SUBMIT COMPETITIVE: BIDS PROPOSALS INVITATION NO.: SM10-20 ISSUE DATE: March 26, 2020
CATEGORY: Street Maintenance Equipment
PURPOSE OF THIS INVITATION
The Cooperative Purchasing Program ( HGACBuy) of the Houston-Galveston Area Council of Governments is soliciting offerings for the furnishing of products/services as described herein. These products/services may be purchased by any of more than 8,000 member local governments, districts, agencies in 49 states across the nation.
Note: Responses will be accepted by online electronic submission only . R e s p o n s e s a r e scheduled to be “Opened By HGAC” on the date and time indicated.
Go to: http s://www.hgacbuy.org/bid-notice s and click on the corresponding link.
PROCURE
MENT SCHEDULE & DETAILS
DRAFT SPECIFICATION / INVITATION: Jan 23, 2020
PRE-BID/PROPOSAL CONFERENCE: February 24, 2020 @ 9:00 a.m. CT; Conference Room B - 2 nd floor
FINAL SPECIFICATION / INVITATION: March 26, 2020
BID/PROPOSAL RESPONSES DUE: April 22, 2020 @ 1:00PM CT; H-GAC Clock PUBLIC RESPONSE OPENING: April 22, 2020 @ 2:00PM CT; Conference Room B 2nd floor RECOMMENDATIONS TO BOARD: July 21, 2020
CONTRACT START DATE & TERM: October 01, 2020 through September 30, 2022 The documents comprising this Invitation are available via web download at: https://www.hgacbuy.org/bids/ For assistance regarding this Invitation, please contact:
Name: Beverly Levy Phone: 832-681-2592 E-mail: [email protected]
CONTENTS OF THIS INVITATION
SECTION A - General Terms & Conditions
SECTION B - Product/Service Specific Requirements & Specifications (Final) SECTION C - HGACBuy FORMS (Final)
SECTION D - Pro-Forma (Sample) Contract
This procurement conforms to government requirements for Competitive Procurement.
ATTACHMENT 3
ELECTRONIC SUBMISSION
IMPORTANT:
Responses will be accepted by online electronic submission only . There will be two (2) links provided in the solicitation documents detailing the following:
How to submit your bid electronically
Instructions on uploading your bid
These links can be downloaded from HGACBuy’s website,
https://www.hgacbuy.org/bid-notices
Revised: 04/16/18 Page 1 of 20
SECTION A
GENERAL TERMS & CONDITIONS
FOR BIDS AND PROPOSALS
INVITATION NO. SM10-20
DESCRIPTION: Street Maintenance Equipment
TABLE OF CONTENTS
1. INTRODUCTION ................................................................................................................................................ 2
2. DEFINITIONS, ABBREVIATIONS & ACRONYMS ........................................................................................ 2
3. NON-BINDING ORAL COMMENTS ................................................................................................................ 4
4. STRUCTURE OF RESPONSE ............................................................................................................................ 4
5. BASIC REQUIREMENTS & CONDITIONS ...................................................................................................... 4
6. OFFEROR'S AUTHORIZED SIGNATORY ....................................................................................................... 6
7. SURETY FOR INSURANCE .............................................................................................................................. 6
8. CONFIDENTIAL / PROPRIETARY MATERIALS ........................................................................................... 6
9. REFERENCES ..................................................................................................................................................... 6
10. INSURANCE ................................................................................................................................................... 6
11. OFFEROR CERTIFICATIONS ....................................................................................................................... 7
12. HISTORICALLY UNDERUTILIZED BUSINESS (HUB) PARTICIPATION.............................................. 7
13. NON-RESIDENT RECIPROCAL SALES ACT ............................................................................................. 8
14. TEXAS MOTOR VEHICLE COMMISSION CODE & LICENSING ............................................................ 8
15. INTENT AND SCOPE OF SPECIFICATIONS .............................................................................................. 8
16. REQUIREMENTS APPLICABLE TO PHYSICAL GOODS ......................................................................... 8
17. PRODUCT CODES ......................................................................................................................................... 9
18. SPECIFIC DESCRIPTIVE REFERENCES ..................................................................................................... 9
19. MANUALS ...................................................................................................................................................... 9
20. STANDARD FEATURES & OPTIONS ......................................................................................................... 9
21. WARRANTIES, SALES & SERVICE .......................................................................................................... 10
22. H-GAC ORDER PROCESSING CHARGE .................................................................................................. 11
23. PRE-PAYMENTS AND DISCOUNTS ......................................................................................................... 11
24. INSPECTION / TESTING ............................................................................................................................. 11
25. PRODUCT DELIVERY ................................................................................................................................ 11
26. OFFERED PRODUCT ITEM VARIANCES ................................................................................................ 11
27. REQUIREMENTS FOR SUBMISSION OF A RESPONSE ......................................................................... 11
28. CLARIFICATION TO SPECIFICATIONS & REQUIREMENTS ............................................................... 13
29. INCONSISTENT INFORMATION ............................................................................................................... 14
30. REJECTION OF RESPONSES ...................................................................................................................... 14
31. WITHDRAWAL OR MODIFICATION OF RESPONSES .......................................................................... 14
32. RESPONSE EVALUATION ......................................................................................................................... 14
33. ORDER OF PRECEDENCE PRIOR TO CONTRACT AWARD ................................................................ 15
34. AWARD OF CONTRACT ............................................................................................................................ 15
35. PRO-FORMA CONTRACT .......................................................................................................................... 15
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36. CONTRACT TERM ...................................................................................................................................... 15
37. PERFORMANCE & PAYMENT BOND ...................................................................................................... 15
38. CHANGE ORDERS ....................................................................................................................................... 15
39. DUPLICATION OF TERMS OR STATEMENTS ........................................................................................ 15
40. PUBLICITY ................................................................................................................................................... 15
41. TAXES ........................................................................................................................................................... 16
42. DRUG FREE WORKPLACE ........................................................................................................................ 16
43. PRODUCT NOTICES & MAILINGS ........................................................................................................... 16
44. HANDLING OF ORDERS & PAYMENTS .................................................................................................. 16
45. PRICE CHANGES ......................................................................................................................................... 17
46. CONTRACT ITEM CHANGES .................................................................................................................... 17
47. FORCE MAJEURE ........................................................................................................................................ 18
48. PERFORMANCE UNDER CONTRACT ..................................................................................................... 18
49. CONTRACTOR ORIENTATION/TRAINING ............................................................................................. 18
50. LEGAL & CONTRACTUAL REMEDIES ................................................................................................... 19
51. NATIONWIDE SALES OPPORTUNITIES .................................................................................................. 20
1. INTRODUCTION
The Houston-Galveston Area Council ( H-GAC) is a "Government-to-Government" procurement service for States , State Agencies, Local Governments, Districts, Authorities, and qualifying Not-for-Profit Corporations (End Users).
End Users become Members o f t h e H-GAC Cooperative Purchasing Program ( HGACBuy) by executing an Interlocal Contract, which is free of cost and evergreen unless cancelled. HGACBuy, acting on behalf of Members, is soliciting competitive offerings for the furnishing of pro ducts and/or services, as described elsewhere, which MAY be purchased by Members during the contract term. Members using the Program issue purchase orders directly to HGACBuy contractors.
2. DEFINITIONS, ABBREVIATIONS & ACRONYMS
The following definitions, abbreviations and acronyms may be found in these specifications, and shall be interpreted herein as specified below.
Definitions and Abbreviations:
Acceptance. Acceptance takes place when the End User agrees with the Contractor that the terms and conditions of the contract have been met and verified. Acceptance is not the same as Receipt, and can only occur after intact shipping, inspection by End User, and any onsite testing that has been stipulated as part of the order Aggregate/Single Occurrence. The term "aggregate" in insurance terms is the sum of all claims against a specific policy for a specific loss incident. The term "single occurrence" differentiates between multiple claims and single claims against a specific policy. The inherent value of a poli cy's aggregate value is less important to an End User than is the value of a single claim as stated under "single occurrence." Approved. Acceptable to the "authority having jurisdiction." ARO. “After Receipt of Order”. Use d in conjunction with a defined time period (usually days or weeks) to establish the delivery or lead time pursuant to any individual purchase transaction. In the case of orders for bodies which will be mounted on a customer furnished cab/chassis, the term ARO shall be construed to mean “After Receipt Of Cab/Chassis”.
Authority Having Jurisdiction. The authority shall be either H-GAC or the relevant End User based on the requirements as stated in each specification item. Unless specifically stated, the authority shall be H-GAC.
Bidder. Any entity that submits a competitive bid to this Invitation. (See also "Offeror") Change Order. Request by an End User for a change in the composition of an already submitted purcha se order, for example to change quantity ordered, add or delete items, etc.
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Contract. Specifically, a contract between H-GAC and a successful Offeror which is executed based on an award made pursuant this Invitation.
Contract Pricing Worksheet. The standard H-GAC form to by used by Contractor in preparing a quotation to an End User, upon which End User's purchase order will be based. Contractor may use another quotation form provided it contains required information, and only if approved by H-GAC.
Contractor. The contracted business entity responsible for fulfilling a contract executed pursuant to this Invitation.
Dealer/Distributor. A duly authorized and/or franchised business entity which sel ls and services a manufacturer’s product in a specified marketing area.
Defect. A discontinuity in a part or a failure to function that inter feres with the service or reliability for which the part was intended.
Electronic Media. As used herein, means computer based media such as 100mb Zip Disk, CDRom, e-mail, e-mail attachment, file downloaded from the web, etc.
End User. (See "Participant" and “Member”)
Listed. Equipment or materials included in a list published by an orga nization, acceptable to the "Authority Having Jurisdiction" and concerned with product evaluation, that condu cts periodic inspection of production of listed equipment or materials and whose listing states either that the equipment or materials meet appropriate standards or has been tested and found suitable for use in a specified manner. NOTE: The means for identifying listed equipment may vary for each organization concerned with product evaluatio n, some of which do not recognize equipment as listed unless it is also labeled. The "authority having jurisd iction" should utilize the system employed by the listing organization to identify a listed product.
Manufacturer. The person or persons, company firm, corporation, partnership, or other organization responsible for taking raw materials or components and making a finished product.
May. A term indicating a permissive use or an acceptable alternative to a specified requirement.
Member. An authorized Participant in the Program. (See "Participant" and “End User”) Motor Vehicle. The meaning of this term shall be based on the legal definiti on ascribed to it by the laws and/or regulations of the state in which any specific sale made pursuant to a Contract takes place.
Must. A term indicating a mandatory requirement.
Offer or Offering. Any product or service offered in reply to this Invitation.
Offeror. Any entity that submits a competitive bid or proposal in response to this Invitation. Bidder or Proposer.
Participant. Generally, any qualifying governmental or non-profit entity which has executed an Interlocal Contract for cooperative purchasing services with H-GAC.
Product Liability Insurance. Failure of Components and/or assembled equipment resulting in personal injury, disability or death and/or property damage is covered under the product liability insurance provisions.
Product or Product Item. Any of the specific goods, materials, equipment or service(s) specified in this Invitation.
This term encompasses the base line item itself, and any and al l accessories, options, m odifications, ancillary services, assembly, testing, etc. that may be included in the delivered Product.
Proposer. Any entity that submits a competitive proposal in response to this Invitation. (See also "Offeror") Purchaser. The End User having responsibility for the specification, requisition, orde ring and acceptance of the Product or Service. (See also "End User")
Purchasing Authority. The agency that has sole responsibility and authority for neg otiating, placing and, if necessary, modifying any solicitation, purchase order, or other award issued by a governing body [H-GAC].
Quotation. See "Contract Pricing Worksheet".
Receipt. Receipt takes place when a Product or Service is delivered to an End User and a document is executed that establishes that the Produ ct is now in the possession of t he End User or that the Service has been completed.
Receipt DOES NOT connote or imply Acceptance.
Response. All or part of any offering submitted in response to this Invitation.
Shall. A term indicating a mandatory requirement or action.
Should. A term indicating a recommended or advised response to a specified requirement.
Vendor. A manufacturer's representative or dealer authorized to make sales and supply parts and service.
Acronyms:
ANSI = American National Standards Institute
ASTM = American Society for Testing and Materials
Revised: 04/16/18 Page 4 of 20
ASME = American Society of Mechanical Engineers
CFR = U.S. Code of Federal Regulations
DOJ = U.S. Department Of Justice
DOT = U.S. Department Of Transportation
EPA = U.S. Environmental Protection Agency
FAA = Federal Aviation Administration
FMVSS = U.S. Federal Motor Vehicle Safety Standards
H-GAC = Houston-Galveston Area Council of Governments
IEEE = Institute of Electrical and Electronics Engineers MVD = Motor Vehicle Division of Texas Department of Transportation NFPA = National Fire Protection Association
NHTSA = National Highway Traffic Safety Administration
NIOSH = National Institute For Occupational Safety And Health NIST = National Institute of Standards and Technology
NTEA = National Truck Equipment Association
OSHA = U.S. Occupational Safety and Health Administration RRC = Railroad Commission of Texas
SAE = Society of Automotive Engineers
TBPC = Texas Building and Procurement Commission (formerly GSC) TxDOT = Texas Department Of Transportation
UL = Underwriter's Laboratories Inc.
VTCS = Vernon's Texas Civil Statutes
3. NON-BINDING ORAL COMMENTS
No oral comment, utterance or response made by any employee, member, or agent of H-GAC or any Member of the Cooperative Purchasing Program shall be considered factual or binding with regard to this Invitation, or any contract awarded as a result of this Invitation. Valid and binding term s, conditions, provisions, changes or clarifications, or requests thereof, shall ONLY be communicated written form.
4. STRUCTURE OF RESPONSE
Depending on the Product or Service, market structures and sale s practices can differ substantially. For example, dealers may sell into any market o r may be restricted to certai n territories, manufacturers may sell direct or may be limited by law to selling thru independent dealerships, etc. H-GAC’s objective is to ensure that End Users , no matter where located, can buy contracted products/services and receive quality and timely service and support, while at the same time allowing for the most appropriate and effectiv e response to this Invitation. Therefore, responses to this Invitation will be accepted in conformance with the following scenarios and requirements:
A. Single Respondent Acting Alone Or As "Lead" For A Group:
Offeror shall complete and sign a Form A and, if contracted, shall be solely responsible for all contra ctual requirements including administr ation, processing of purchase o rders and handling of payments for transactions which may involve other dealers who actually deliver the products or services.
B. Multiple Respondents Acting Jointly:
A single Response shall be submitted, and each party to the Response shall complete and sign a separate Form A to be included in the single Response. If the Response is suc cessful each party shall sign a separate contract with H-GAC and shall be responsible for compliance with all terms and con ditions. Only those which have executed a written contract with H-GAC may process purchase orders and payments.
In any event, Offeror may be a party to one, and only one, response.
5. BASIC REQUIREMENTS & CONDITIONS
a. The final requirements and specifications contained herein may be different, perhaps materially, from those in the “Invitation To Attend Pre-Bid / Pre-Proposal Conference”, i f any. It is Offeror’s sole responsibility to
Revised: 04/16/18 Page 5 of 20
thoroughly examine and review all documentation associated with this Invitation, including any Addendums, and to insure that any response submitted complies in every respect with all requirements. b. Any Addendum to this Invitation which may be required prior to the Response due date will be delivered to those prospective Offerors of record who have previously obtain ed a copy of this Invitation from H-GAC.
Prospective Offerors shall be responsible for obtaining all documents relating to submission of a Response. c. Offeror shall thoroughly examine any drawings, specifications, schedul es, instructions and any other documents, supplied as a part of this Invitation, and is solely responsible for understanding and compliance. d. H-GAC shall not be liable for Offeror's incomplete documentation, or for any costs associated with preparation and submission of any Response hereto. Additionally, all components of any Response become the property of H-GAC, and shall be considered to be in the public domain. e. Offeror shall make all investigations necessary to become thoroughly i nformed regarding any plan and/or infrastructure that may be required to support delivery of any Product or Service covered by this Invitation. No plea of ignorance by Offeror stemming from failure to investigate conditions that may now o r hereafter exist, shall be accepted as a basis for varying H-GAC's requirements , or Offeror's/Contractor's obligations or entitlements.
f. Requests for changes to the requirements or specifications here in must be in writing (e-mail, fax, letter) and must be received by H-GAC no later than fifteen (15) calendar days prior to the Response Due Date. H-GAC will review such requests, but may or may not make changes at its sole discretion. Changes, if any, will only be made by written Addendum sent to addressees of record. In any event, it is Offeror's sole responsibility to insure that any and all Addendums which may have been issued have been received and addressed. g. By submission of a response, Offeror expressly understands and agrees that all terms and conditions herein will be part of any subsequent contract that is executed pursuant to this Invitation. h. Offeror is advised that all H-GAC contracts are subject to the legal requirements established in any applicable Local, State or Federal statute.
i. Offeror/Contractor must be in compliance with all licensing, permitting, registra tion and other applicable legal or regulatory requirements imposed by any governmental au thority having jurisdiction. It is Offeror/Contractor’s responsibility to insure that this requirement is met, and to supply to H-GAC upon request, copies of any license, permit or other documentation bearing on such compliance. j. Unless otherwise established elsewhere in this Invitation, NO m inimum purchase quantities or spending levels are provided or guaranteed by H-GAC or any End User.
k. This Invitation is not meant to restrict competition, but rather is intended to allow for a wide range of responses. l. Responses which are 'qualified' with conditional clauses or alt erations of or exceptions to any of the terms and conditions in this Invitation may be deemed non-compliant at H-GAC's sole discretion. m. The term ‘ Offeror’, or derivative thereof, shall become synonymous with ‘ Contractor’ for any successful Offeror recommended for a contract pursuant to this Invitation. n. H-GAC reserves the right to:
Reject any and all offers received in response to this Invitation. Reject any part of an offer received in response to this Invitation. Determine the correct price and/or terminology in the event of any discrepancies in any response. Accept a response from, and enter into agreement with, other than the lowest price Offeror. Accept responses and award contracts to as many or as few Offerors as H-GAC may select. Amend, waive, modify, or withdraw (in part or in whole) this Invitation, or any requirements herein. Hold discussions with Offerors, although award may be made without discussion. Request an Offeror to give a presentation of the Response at a time and place scheduled by H-GAC. Exercise any of these rights at any time without liability to any Offeror. o. H-GAC reserves the right to determine that conditions exist which pr event the public opening of responses on the date and at the time advertised, and to reschedule the publ ic opening for a future date and time. Responses received by H-GAC by the original deadline will be secured unopened until the re scheduled opening date and time, and those having timely submitted such responses will be notified.
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6. OFFEROR'S AUTHORIZED SIGNATORY
The signatory shall be authorized to sign and contractually bin d Offeror, and shall sign any and all Response documentation requiring a signature.
7. SURETY FOR INSURANCE
Contractor shall be responsible for using a surety company properly licens ed by any and all states in which Contractor will do business with Participants. The surety company shall not expose itself to any loss on any one risk in an amount exceeding ten percent (10%) of its surplus to poli cy holders, provided any risk or portion of any risk shall have been reinsured, and such reinsurance shall be deduct ed in determining the limitation of risk applicable to H-GAC's insurance requirements.
8. CONFIDENTIAL / PROPRIETARY MATERIALS
All documentation submitted as part of Offeror's response to this Invitation will be considered to be in the pu blic domain and may be made available to Members and others, after contract award, upon properly submitted request. If Offeror submits documents marked “confidential” or “proprietary”, the Response may be deemed non-compliant.
9. REFERENCES
a. Offeror shall list the names of at least five government agencies with in the continental United States which have purchased from Offeror products or services similar to those covered by this Invitation, within the last two years. H-GAC reserves the right to determine if such products or services are appropriately similar. b. Offeror may provide reference informatio n in whatever format desired, but each should include the following specific information:
Agency name
Contact person name
Address
Phone & Fax numbers
Description of product(s) or service(s) and date sold c. Other information, including criticism however learned, may be used by H-GAC in evaluation of responses.
10. INSURANCE
a. Unless otherwise stipulated in Section B, Offeror/Contractor must have the following insurance and coverage minimums:
General liability insurance with a Single Occurren ce limit of at least $1,000,00 0.00, and a General Aggregate limit of at least two times the Single Occurrence limit.
Product liability insurance with a Single Occurren ce limit of at least $1,000,00 0.00, and a General Aggregate limit of at least two times the Single Occurrence limit for all Products except Automotive Fire Apparatus. For Automotive Fire Apparatus, see Section B – Product Specific of this Invitation.
Property Damage or Destruction insurance is required for coverage of End User owned equipment while in Contractor's possession, custody or control. The minimum Single Occurren ce limit is $500,000.00 and the General Aggregate limit must be at least two times the Single O ccurrence limit. This insurance may be carried in several ways, e.g. under an Inland Marine policy, as part of Automobile coverage, or under a Garage Keepers policy. In any event, this coverage must be specifically and c learly listed on insurance certificate(s) submitted to H-GAC.
b. Insurance coverage shall be in effect for the length of any con tract made pursuant to this Invitation, and for any extensions thereof, plus the number of days/months required to deliver any outstanding order after the close of the contract period.
c. Original Insurance Certificates must be furnished to H-GAC on request, showing Offeror/Contractor as the insured and showing coverage and limits for the insurances listed above. d. If any Product(s) or Service(s) will be provided by parties oth er than Offeror/Contractor, all such parties are required to carry the minimum insurance coverages specified her ein, and if requested by H-GAC, a separate insurance certificate must be submitted for each such party.
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e. H-GAC reserves the right to contact insurance underwriters to confir m policy and certificate issuance and document accuracy.
11. OFFEROR CERTIFICATIONS
Offeror, by submission of a Response hereto, makes the followin g certifications under penalty of perjury and possible contract termination if any of these certifications are found to be false.
Non-Collusive Response
a. The prices in the Response have been arrived at independently without collusion, consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other Offeror or potential competitor.
b. The prices which have been quoted in the Response (unless other wise required by law), have not been knowingly disclosed by Offeror and will not be knowingly disclosed by Offeror prior to the public response opening, either directly or indirectly, to any other Offeror or competitor. c. No attempt has been made or will be made by Offeror to induce any other person, partnership or corporation to submit or not to submit a response for the purpose of restricting competition.
Non-Biased Specifications
This Invitation contains no requirements considered to be undul y biased in favor of Offeror or any other Offerors that may be competing for this procurement.
No Financial Interest or Other Conflict
a. No H-GAC officer, employee, Board of Directors member or member of any H-GAC board or commission, nor family member of any such person, has a financial interest, direct or indirect, in Offeror or in any contract Offeror might enter into with H-GAC.
b. No economic or employment opportunity, gift, loan, gratuity, special discount, trip, favor or service has been, or will be, offered or given to any officer, employee, Board of Directors member, or member of any H-GAC board or commission, nor to any family member of any such person.
Debarment and Suspension Status
a. Offeror is not currently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any government agency, no r is Offeror an agent of any person or entity that is currently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transaction by any government agency.
b. Offeror has not within a three year period preceding this Invitation b een convicted of or had a civil suit judgement rendered against Offeror for commission of fraud or a criminal offense in connection wi th obtaining, attempting to obtain or performing a public transact ion or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statement, or receiving stolen property. c. Offeror is not presently indicted for or otherwise criminally or civil ly charged by a government entity (federal, state, or local) with commission of any of the offenses enumerated above. d. Offeror has not, within a three- year period preceding this Invi tation, had any government (federal, state, or local) transactions terminated for cause or default.
Insurance Coverages
Offeror has and will maintain insurance coverage in accordance with the requirements of this Invitation.
Licensing & Permits
Offeror(s) has (have) all licenses and/or permits, required by any and al l governmental entities having jurisdiction, to legally sell the products/services offered.
12. HISTORICALLY UNDERUTILIZED BUSINESS (HUB) PARTICIPATION a. To satisfy Texas' statutory requirements [Government Code, Chapter 2161, Subchapter D], H-GAC requires all Offerors to supply information in any bid/proposal response listing (1) the total number of subcontracts and (2) the total number of HUB contracts applicable to the Products or S e r v i c e s o f f e r e d i n t h e r e s p o n s e . L o c a l
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governments often require this information for their own report ing requirements prior to placing orders through the H-GAC Cooperative Purchasing Program.
b. Offeror must complete Form B and include subcontracts with HUB’s that provide any materials or services related to sales that may be made thru H-GAC’s Cooperative Purchasing Program.
13. NON-RESIDENT RECIPROCAL SALES ACT
As required by Texas Civil Statutes in the award of contracts, an offeror which is not a Texas resident business must determine if its state of residence prohibits award of governme nt contracts to Texas resident offerors without penalty. If Offeror’s resident state DOES penalize Texas offerors, Offeror must provide this information along with a copy of its applicable resident state's statute in the Response.
14. TEXAS MOTOR VEHICLE COMMISSION CODE & LICENSING
Sales of motor vehicles in the State of Texas are subject to th e Texas Motor Vehicle Commission Code. If this Invitation includes any motor vehicle to be sold in the State o f Texas, Offeror certifies by submission of a response hereto that all required Texas Motor Vehicle Commission license s are in place and current, and that copies of all such licenses have been submitted with the Response. Further, it shall be Contractor's responsibility to keep current all required Texas Motor Vehicle Commission licensing d uring the term of the contract, and to furnish license copies at any time on request by H-GAC. I f Contractor does not maintain current licensing, H-GAC reserves the right to immediately terminate the contract.
NOTE: In ac cor da nce with the Te xas Motor Ve hicle Commission C ode, contracts for motor vehicles to be sold within the state of Texas may be made ONLY with properly licensed Texas Motor Vehicle Dealers. Therefore, to be considered for a contr act covering Texas End Users, the Response must include a Form A from a licensed Texas Motor Vehicle Dealer
15. INTENT AND SCOPE OF SPECIFICATIONS
a. The intent of the specificat ions herein is to provide Offeror with sufficient information concerning the Products/Services to be contracted such that Offeror can prepare and submit an acceptable Response. b. The specifications may be detailed or general in nature with regard to any particular Product/Service. Where not otherwise specified, details of construction, materials, or the way in which services will be provided, are left to the discretion of the Offeror, provided only that any offering shall conform, as a minimum, to best Industry standards and practices and to what is currently being sold in the marketplace. c. Responses shall be considered only from Offerors that have established good reputations in their markets, and who furnish satisfactory evidence of ability to supply the Products/Services specified herein. d. Offeror shall show proof of ability to provide to End Users prompt and competent service, including parts if applicable, for all Products/Services covered by this Invitatio n, by proper completion of a Service Organization Document as described elsewhere herein.
16. REQUIREMENTS APPLICABLE TO PHYSICAL GOODS
In the case of physical goods (e.g. equipment, material, suppli es, as opposed to services), all Products offered must, unless otherwise stipulated in Section B:
a. Be new, unused, and not refurbished.
b. Not be a prototype insofar as the general design, operation and performance. This requirement is NOT meant to preclude Offeror from offering new models or configurations which incorporate i mprovements in a current design or add functionality, but which in such new model or configuration may be new to the marketplace. c. Include any and all accessories which may or may not be specifi cally mentioned herein, but which are normally furnished or which are necessary to make a delivered Product re ady for its intended use. Such accessories shall be assembled, installed and adjusted such that the Product is ready for continuous operation at time of delivery. d. Have assemblies, sub-assemblies and component parts that are st andard and interchangeable throughout the entire quantity of a particular Product as may be purchased simultaneously by any individual End User. a. Be designed and constructed using current industry accepted engineering and safety practices, and materials.
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b. Be available for inspection at any time prior to or after procurement.
17. PRODUCT CODES
Unless otherwise addressed in Section B of this Invitation, the following requirements shall apply:
a. Each Product/Service offered shall be uniquely identified using a n H-GAC Product Code, which shall be determined as described in Section B of this Invitation. Offeror s h a l l o f f e r O N L Y O N E P r o d u c t f o r a n y particular Product Code. For example, Offeror may wish to submit a bid for Product Code ABC and may have another offering that also meets the requirements for ABC. Offeror MAY NOT submit two offerings for ABC.
The alternate offering that also meets the requirements for ABC must be offered as an option "upgrade/downgrade" to ABC on Form E.
b. Pricing for optional upgrades or downgrades to base bid items s hould be quoted as an “adder” or “deduct” amount as appropriate, to be applied to the offered price of the base Product Item listed on Form D. c. Base bid items and their associated HGACBuy Product Codes are included in the Section B and/or on Form D. d. Selection of Product Codes for which to submit an offer is at Offeror’s sole discretion.
18. SPECIFIC DESCRIPTIVE REFERENCES
Except for Base Product Items listed on Form D, any reference to a specific cat alog, data sheet, form, brochu re, model name or number, etc. used herein to describe an item such as an option or accessory is only descriptive and is not to be considered restrictive unless otherwise noted. Such references are normally used only to indicate a type, general description, level of quality and/or required performance standards.
19. MANUALS
Unless otherwise specified or superceded herein, each Product d elivered under an H-GAC contract, and if applicable any options thereto, shall be supplied with at least one (1) copy of a safety and operating manual. The cost of any such manuals must be included in the base price for any Product Item offered hereunder. If more detailed and technically orientated parts and maintenance manua ls are available for a Product or option, at a cost, they shall be offered as options on the FORM designated herein for such options, or elsewhere in the Respon se as may be directed herein.
20. STANDARD FEATURES & OPTIONS
The following requirements are applicable primarily to physical goods.
Standard Features
a. The stated minimum requirements for all Products listed herein include what H-GAC c o n s i d e r s t o b e “standard” features. Even though such features might normally be offered as options rather than as standard, they are nonetheless considered to be standard in this Invitati on, and must be included in the base price for any Product offered. Such features SHOULD NOT be offered as options except as deducts for their omission fro m the base Product.
b. If it is unclear in the Response that an H-GAC standard feature is included in the base price, it will be ass umed that such is the case. If awarded a contract Offeror will be expected to sell the Product with all H-GAC specified standard features included in the base price. c. Any feature or accessory normally offered by manufacturer as "standard" shall be considered a standard feature and shall be included in the base price of any offering, even t hough not specifically listed as a requirement in H-GAC’s specifications. Such features SHOULD NOT be offered as options except as deducts for their omission from the base Product.
Options - General
a. Options are considered to be any features or accessories, other than H-GAC's and Manufacturer's "standard" features or accessories.
b. Options should be offered on the FORMS designated for quoting options. Each option should be listed and described on a separate line , and should include any Manufacturer's/Dealer's code number. I f no Manufacturer's/Dealer's code number exists, Offeror should create one.
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c. Prices for all offered options shall be assumed to include any installation or mounting required to make it a fully functional component of the Product, unless otherwise stated in Offeror's response.
Required Options
a. Product specifications in this Invitation may include H-GAC "Required Options". If so, Offeror must quote a price for ALL such options, and, if there is an H-GAC Option Code provided in this Invitation for such options, it MUST be used as part of the description.
b. For any specific "Required Option", Offeror may quote an equivalent so long as its design and performance are as good as, or better than, the specified option item. Response s which do not include pricing for Required Options may be considered non-compliant.
Other Options
a. "Suggested" or "Other" options may be listed for any particular Product in this Invitation, and Offeror i s encouraged to quote pricing for such options. The extent of of fered options in any response may be taken into consideration as part of the award criteria, at H-GAC's sole discretion. b. Offeror is encouraged to include options for non-equipment items that may be applicable to a sale, such as:
Extended Warranties, Maintenance Agreements, Buy-back or Trade- In Agreements, Out-of-state Delivery Charges, Quantity or Special Discounts, Extended Training Classes, etc.
Published & Unpublished Options
a. H-GAC Cooperative Purchasing Program (Program) contracts are aw arded through a public competitive bid or proposal (RFP) process. Further to that process, Program polic y considers an 'option' listed and priced in a bid or RFP Response: (1) To be a " Published Option"; (2) To be part of any awarded contract; and (3) To be available for purchase by Program members separately and indepe ndently from associat ed base line items.
However, since Published Options may have not been subjected to the same scrutiny as the associated base line items, it cannot be concluded they were directly competed. The refore, pursuant to Local Government Code 252.021(a), purchase of a published option costing more than $5 0,000 shall not be allowed. Furthermore, H-GAC reserves the right at its sole discretion to disallow purchase of any Published Option through the Program if deemed contrary to the intent of the law.
b. Any option that has not been listed and priced in the Response is considered to be an “ Unpublished Option”.
Unpublished Options may be sold, but only in connection with th e sale of a base Product Item, and only insofar as the total cost of all Unpublished Options remains below twen ty five percent (25%) of the total summed cost of the base Product(s) plus any Published Options.
c. No Published or Unpublished Option may be sold which essentiall y converts a Product such that it competes with a Product Item awarded to another contractor.
21. WARRANTIES, SALES & SERVICE
Unless otherwise addressed in Section B, the following requirements shall apply:
a. Offeror must be a properly franchised dealer authorized to sell and service, including warranty service, all products offered and sold in response to the bid invitation or under any H-GAC contract. b. Offeror shall provide detailed Parts and Labor Warranty information wi th the Response. If Offeror submits a warranty with the Response which does not meet the minimum requ irements herein, Offeror agrees by submission of a Response that such warranty shall be considered to be amended to meet those minimums. c. Warranties shall be manufacturer's standard and shall be inclus ive of any other warranty requirements which may be stipulated elsewhere herein.
d. Any warranties offered by a dealer shall be in addition to the manufacturer’s standard warranty, and shall not be a substitute for such. Offeror's base price for any Product shall be inclusive of the standard warranty. e. Complete warranty information will be supplied to End User with each Product sold. a. Warranties need not apply to normal maintenance service or adjustments, or to any product reasonably shown to have been repaired or altered in any way so as to affect its st ability, or to any product which has been subject to misuse, negligence, or accident.
f. Offeror/Contractor is encouraged to offer extended warranties as an option. g. Neither H-GAC n o r End User assume any warranty or liability on Contractor’s behalf unless made or assumed in writing, initiated by Contractor, and agreed to in writing by H-GAC or the End User respectively. h. Contractor shall be responsible for the execution and effectiveness of all product warranty, and shall be the sole source for solution to problems arising from warranty clai ms. Contractor agrees to respond directly to correct warranty claims and to ensure reconciliation of warranty claims that have been assigned to a third party.
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22. H-GAC ORDER PROCESSING CHARGE
H-GAC will levy an Order Processing Charge on Contractor for each sale done thru the H-GAC contract, with the exception of orders for motor vehicles . Any bid pricing submitted will be considered to include the Charge. The amount of the applicable charge shall be per the most current H-GAC schedule. For motor vehicle orders, the Processing Charge shall be levied on and paid by the End User.
23. PRE-PAYMENTS AND DISCOUNTS
a. Progress, pre-payment and special discounts of any kind may be offered and detailed in the Response. Such discounts shall be clearly explained but shall not be a determi ning factor in awarding contracts except in the case of tie offerings.
b. Quantity discounts applicable to similar Products sold to one o r more End User Departments may be offered.
Determination as to product similarity shall rest solely with Contractor. c. For specific purchases, any proposed quantity, pre-payment or s pecial discounts shall be clearly shown on the Contract Pricing Worksheet.
24. INSPECTION / TESTING
All Products sold pursuant to this Invitation shall be subject to inspection/testing by or at the direction of H-GAC and/or the ordering End User, either at the delivery destination or the place of manufactur e. In the event a Product fails to meet or exceed all requirements of this Invitation, an d unless otherwise agreed in advance, the cost of any inspection and/or testing, shall be borne by the Contractor.
25. PRODUCT DELIVERY
Unless otherwise addressed in Section B, the following requirements shall apply:
a. Title to goods, and responsibility and liability for loss and/o r damage in shipping pass to End User at the delivery destination after receipt and acceptance have taken pl ace. Cost of shipping/delivery shall be paid by End User unless otherwise agreed to by Contractor. If Contractor will be paying for shipping/delivery, shipping terms must be "F.O.B. Destination, Freight Prepaid". If End User will be paying for shipping/delivery, shipping terms must be “F.O.B. Destination – Freight Collect”. b. The details for the application and calculation of shipping and delivery charges must be stated in the Response on Form E. Any freight, shipping or delivery charged to End User will be prepaid and added to the invoice, and will be clearly shown an any Contract Pricing Worksheet or other quote presented to the End User. c. The estimated delivery time after receipt of order (ARO), inclu sive of Saturdays, Sundays and holidays, for all Products offered must be stated i n the Response. Actual delive ry for any particular order must be confirmed with End User at time of order placement, and must be stated clearly on the Contract Pricing Worksheet. d. Contractor shall be responsible for delivery and Acceptance according to the requirements of the Contract and the Purchase Order.
e. Contractor shall advise End User prior to making any shipment/delivery, and shall make such shipment/delivery in accordance with End User's requirements, providing only that such arrangements do not contravene any requirement of the H-GAC contract unless agreed to by Contractor. f. The execution of all required tests, certifications and/or lice nsing, and costs thereof, shall be the responsibility of Contractor. U p o n r e q u e s t b y End User o r H-GAC, Contractor shall provide any documentation or certification related to such tests, certifications or licensing.
26. OFFERED PRODUCT ITEM VARIANCES
Any variance in the specifications or performance of Products offered pursuant to this Invitation shall be acceptable to H-GAC only insofar as it MEETS or EXCEEDS the specifications and requirements of this Invitation.
27. REQUIREMENTS FOR SUBMISSION OF A RESPONSE
Unless otherwise addressed in Section B, the following requirements shall apply:
a. Responses shall be submitted in two complete printed sets inclu ding an Original and one (1) Copy in separate "hard side" three-ring binders. The outer spine of each binder shall be labeled showing this Invitation No., Offeror Name, and either "Original" or " C o p y " , a s a p p l i c a b l e . T h e O r iginal printed response will be
Revised: 04/16/18 Page 12 of 20
considered to be the binding Response in case of any conflicts between printed copies and electronic copies.
Except for required forms, H-GAC Invitation documents should not be included in the Response. b. The Original and the Copy shall be submitted complete, except t hat the Electronic Media should be submitted only with the Copy.
c. All required H-GAC FORMS and documents shall be properly completed, without exception o r Offeror’s Response may be deemed non-compliant. Offeror may not modify the format of any H-GAC FORM in any way. Offeror may photocopy or print blank FORMS as needed. Information submitted on the printed copies of the FORMS may not be handwritten except for signatures and initials. It is Offeror's responsibility to insure that printed FORMS are clear and legible. Handwritten and illegible entries may be rejected. Offeror's printed, stamped or typed name shall appear on every FORM submitted in the Response. d. The entire response submission shall also be submitted on electronic media, including all requ ired H-GAC FORMS. Offeror is strongly advised to make and work with copies of the origin al electronic FORMS. The originals can then be used to make additional electronic or pri nted copies of the blank FORMS. Signatures are not required on the electronic FORMS.
e. The Response shall include ample written evidence, in the form of technical specifications, cut/tear sheets, brochures, pictures, drawings, etc., to demonstrate that all specifications herein have been met and/or exceeded. f. The Response shall include, in any format desired, an overview of the Service Organization which will support Products sold under any H-GAC contract. The overview must include facility locations, phone numbers and Service Manager names, as well as the following:
- The procedure to be used by an End User requiring repairs. - Typical turn-around time on repairs.
- Service Department days and hours of operation.
- Number of qualified / factory trained service personnel normally on hand. - Description of the parts inventory on hand.
- Training services, facilities and personnel available. g. Responses shall be enclosed in a sealed package(s) addressed to the Houston-Galveston Area Council, Cooperative Purchasing. The following information shall be stated on the exterior of the package(s):
Name and address of Offeror.
Date and hour of public response opening.
Bid/Proposal Invitation number.
The statement: "SEALED BID/PROPOSAL, DO NOT OPEN IN MAIL ROOM".
H-GAC shall not be responsible for any Response not properly labeled. h. Submission of a COMPLETE Response by telegraphic or electronic transmission is not acceptable. However, Responses may be modified by tel egraphic or electronic notice i f such notice is received prior to the deadline for submission.
i. Samples, when required, shall be submitted within the time spec ified and at no expense to H-GAC. If not destroyed or consumed during testing, samples will be returned upon request at Offeror's expense. j. Offeror shall provide firm contract pricing for all Products and Options being offered. k. If applicable, responses shall include copies of all current li censing which may be required by the Texas Motor Vehicle Division for execution of sales pursuant to any contract with H-GAC. l. Due to the complexity of responses and to aid in evaluation, th e Response should contain ALL required information in tabbed sections as detailed below. Omission of any required FORM or information will be sufficient grounds for H-GAC to consider your response to be non-compliant. m. First Section:
Form(s) A – Offeror Identification & Signatory: Identifies the offering party(ies), and should be completed by each party to the Response. If awarded, a contract will be executed with each. Form B – Historically Underutilized Business Enterprises: Used to collect information about disadvantaged and minority suppliers and subcontractors, and to commit Offeror to working with Participants toward their program goals.
Form C – Response Checklist: Certification, and also an aid, to insure that all required i nformation has been included in your Response.
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Form W-9 – Request for Taxpayer Id entification Number and Certi fication: Should be completed by each party to the response.
Form CIQ – Conflict Of Interest Questionnaire: Chapter 176 of the Texas Local Government Code requires vendors and consultants contracting or seeking to cont ract with H-GAC to file a Conflict of Interest Questionnaire (CIQ) if they have an employment or othe r business relationship with an H-GAC o f f i c e r o r a n o f f i c e r ’ s c l o s e f a m i l y m e m b e r . T h e r e q u i r e d q u e stionnaire is located at the Texas Ethics Commission website: http://www.eth ics.state.tx.us/whatsnew/conflict_forms.htm. It is Bidder's responsibility to download the form and furnish a completed copy with the Response. Form 1295 – Certificate of Interested Parties – Must be filled out electronically with the Texas Ethics Commission’s online filing application, printed out, signed and provided from each entity that has submitted a Form A for this submission.
House Bill HB 89 Verification Form – completed and signed and provided from each entity that has submitted a Form A for this submission.
References, formatted as described elsewhere herein.
Service Organization Document, formatted as described elsewhere herein.
Second Section:
Form D – Offered Items Pricing: F o r B i d s , c o n t a i n s t h e l i s t o f t h e P r o d u c t I t e m s c o v e r e d b y t h is Invitation. Select the items offered and fill in the price for each. (For RFPs, follow the instructions in Section B as this Form may or may not be used.)
Form E – Published Options: Used to list and price all offered options. List, each on a se parate line, all upgrades, downgrades, optional equipment, features, accessories and services which you desire to sell thru the H-GAC contract, if awarded. Published catalogs/price sheets may be listed, along with the discount structure that will apply. (For RFPs, follow the instructions i n Section B as this Form may or may not be used.)
Third Section:
Technical Specifications, Product Brochures, Tear Sheets, Cut Sheets, Strippers, etc. which clearly list and show all the standard features and capabilities of each Product Item offered on Form D. Warranty Documentation, as described elsewhere herein, for all items offered.
Fourth Section:
Copies of any applicable Texas MVD Licenses.
Electronic Media, containing the complete response including all required FORMS, stored in a pouch or an envelope such that it will not fall out of the binder. (Required in 'Copy' only, not in 'Original'.) n. By submittal of Response, Offeror certifies to the best of its knowledge that all information is true and correct.
28. CLARIFICATION TO SPECIFICATIONS & REQUIREMENTS
a. If Offeror is in doubt as to the meaning of any item in this Invitation, a written request for clarification may be submitted to H-GAC up to fifteen (15) calendar days prior to the deadline for res ponse submission. H-GAC shall not be responsible for late delivery. Requests may be tr ansmitted by FAX or e-mail to the assigned Specification Specialist, and should clearly reference this Invitation number and the specific page and paragraph in question. If there are multiple questions, they should be stated separately and numbered. b. Any interpretation of Invitation documents, if made, will be by written Addendum duly issued. A copy of such Addendum will be mailed or delivered to each person officially on record as having been sent a copy of this Invitation. H-GAC will not be responsible for any other explanation or interpret ation of the Invitation documents made or given prior to the award of the contract. c. Any objections to the Invitation documents must be filed in wri ting with H-GAC on or before fifteen (15) calendar days prior to the deadline for submission of responses. d. P r o s p e c t i v e o f f e r o r s a r e a d v i s e d t h a t , a f t e r a d r a f t s p e c i f i c a tion has been issued, the Pre-Bid/Proposal Conference is the primary forum through which comments and suggestions may be offered for consideration by H-GAC prior to issuance of the final invitation and specifications.
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e. All best efforts have been made to insure that the product/serv ice descriptions and associated specification information in Sections B & C are correct, and adequate time ha s been given to prospective Offerors to point out mistakes. However, if an error remains and is caught by Offeror before the scheduled bid/proposal opening, Offeror shall make note of the required correction in the Respo nse, and shall also notify H-GAC prior to the opening of responses.
29. INCONSISTENT INFORMATION
H-GAC review of responses supplied on H-GAC FORMS is a significant part of the evaluation process. Offeror shall state clearly all information required on the FORMS. Offeror's information supplied on the FORMS shall take precedence in the event any standard “boilerplate” type language included in Offeror's response is inconsistent with the information supplied by Offeror o n t h e H-GAC FORMS. In all cases, information on H-GAC's printed FORMS supplied as part of Offeror's response shall take precedence over information supplied on electronic media.
30. REJECTION OF RESPONSES
a. H-GAC may reject a response if:
Offeror misstates or conceals any material fact in the Response, or if, Offeror does not strictly conform to law or the requirements of this Invitation. b. H-GAC may reject any and all responses, and may reject any part of a response. c. H-GAC, at it's sole discretion, may also waive any formalities or irregularities in any respon se, or ask for corrected information except for pricing.
d. The following occurrences require disqualification of the bid/proposals:
Unsigned or unauthorized signatures on bids/proposals; Bids received after the date and time for opening
Bids where prices are conditional on award of another bid or are subject to unlimited escalation e. H-GAC may refuse to award a contract to or enter into a transaction w ith an apparent low bidder if that bidder is indebted to H-GAC.
31. WITHDRAWAL OR MODIFICATION OF RESPONSES
Once received by H-GAC, responses may be modified or withdrawn prior to the submissio n deadline only if the request to do so is in writing submitted by Offeror's authorized representative. Responses and requests for modification received after the submission deadline will not be accepted. Requests for response withdrawal received after the submission d eadline will be accepted if the request to do so is in writing submitted by Offeror's authorized representative.
32. RESPONSE EVALUATION
For Bid Responses:
a. Section B will state whether the contract will be awarded to th e lowest responsible bidder or to the bidder who provides goods or services at the best value for H-GAC and its participants. b. If the contract will be awarded based on best value, Section B will state any relevant criteria which H-GAC will consider.
c. For each offered Product Item, H-GAC may use the offered price, prices for Required Options, and th e prices of selected common Published Options to determine the lowest responsible offer. d. Failure of Offeror to submit pricing for frequently purchased options and any H-GAC required options may cause response to be considered non-compliant at H-GAC’s sole discretion.
For Proposal Responses:
e. H-GAC will evaluate proposals as detailed in Section B. f. By submission of a Response Offe ror indicates acceptance of the evaluation technique, and recognizes and accepts that H-GAC may at it's sole discretion make subjective judgments during the evaluation process.
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33. ORDER OF PRECEDENCE PRIOR TO CONTRACT AWARD
In the event of conflict between this document and any referenc es or documents cited herein, this document shall take precedence prior to contract award.
34. AWARD OF CONTRACT
a. H-GAC reserves the right to accept or reject any Product Item or opt ion offered. Additionally, all options included in Offeror's response and accepted by H-GAC are understood to be included in any contract. b. H-GAC shall award contract(s) for line items or groups of line items, at its sole discretion. c. With authority granted by the H-GAC Board of Directors, a written contract shall be presented to the successful Offeror(s) and shall be subject to acceptance by the successful Offeror(s) within forty-five (45) calendar days after presentation by H-GAC. If a contract is not executed within forty-five (45) calenda r days, H-GAC may rescind the contract offer and award a contract to the next Offeror in order of rank as determined by H-GAC. d. Delivery time and prompt payment discounts, including time allo wed for payment, may be considered in tie- breaking of offers which are judged by H-GAC to be equal in all other criteria. e. The contract shall include the following documents in the stated order of precedence:
1st The contract document signed by H-GAC and Offeror.
2nd This Invitation and all specifications referenced herein. 3rd Offeror's response to this Invitation.
35. PRO-FORMA CONTRACT
This Invitation includes a Pro-Fo rma (sample) Contract which su ccessful offerors will be expected to sign. The actual final contract will be the same or nearly the same as th e Pro-Forma. NOTE: Successful Offerors MAY NOT process any purchase orders until the contract documents have been executed and returned to H-GAC.
36. CONTRACT TERM
The contract shall be in effect t hroughout the period stated elsewhere in the contract documents, and thereafter until such time as any outstanding orders against the contract have b een fulfilled. The contract may be extended if deemed by H-GAC to be in the best interests of the Program, and subject to mutual agreement of the parties.
37. PERFORMANCE & PAYMENT BOND
H-GAC's contractual requirements DO NOT include a Performance & Paym ent Bond (PPB), and offered pricing should reflect this cost saving. However, Contractor must be prepared to offer a PPB to cover any specific order if so requested by End User. Contractor shall quote a price to End User for provision of any requested PPB, and agrees to furnish the PPB within ten business (10) days of receipt of End User's purchase order.
38. CHANGE ORDERS
End User s shall have the right to make additions by addenda for the pur pose of clarification or inclusion of additional specifications, qualifications, conditions, etc. An y such addenda shall be made in writing and agreed upon by Contractor and the End User agency prior to issuance of any Change Order. A copy of any s uch Change Order shall be furnished by Contractor to H-GAC.
39. DUPLICATION OF TERMS OR STATEMENTS
Where statements or terms are du plicated or are extremely simil ar, H-GAC and the End User reserve the right to use the statement or term most favorable to H-GAC and/or the End User.
40. PUBLICITY
H-GAC encourages contractors to "market" the Program, and can provide some information and artwork to be used in published promotional materials. However, any publicity or published material released by Contractor referencing the contract, whether in the form of a press releas e, brochure, photographic coverage, or verbal announcement, shall be issued only with prior review and approval by H-GAC.
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41. TAXES
HGAC and End User participants are either units of government or qualified non-p rofit agencies, and are generally exempt from Federal and State sales, excise or use taxes. Offeror shall not include any such taxes in the Response.
Further, it shall be the responsibility of Contractor to determine the applicability of any taxes to a particular or der and act accordingly. Exemption certificates will be provided upon request.
42. DRUG FREE WORKPLACE
Contractor shall provide notice to its employees and sub-contractors, as required under the D rug-Free Workplace Act of 1988. A copy of Contractor's Drug-Free Workplace policy shall, on request, be furnished to any End User.
43. PRODUCT NOTICES & MAILINGS
H-GAC is NOT the owner of Products sold pursuant to this Invitation but acts only in the capacity of purchasing agent. In that regard, Contractor accepts sole responsibility for i nsuring that notices and mailings, such as Safety Alerts, Safety Recall Notices and Customer Surveys, are sent directly to the End User of record.
44. HANDLING OF ORDERS & PAYMENTS
In general, orders and payments will be handled as described be low. More specific instructions and information regarding handling of purchase orders and the Order Processing Charge may be provided after contract award.
Established procedures may be changed at any time by H-GAC as may be dictated by efficient business practice.
The particulars of any sale, e.g. specific products, pricing, d elivery, warranty, etc., will be in strict accordance with the terms and conditions of this Invitation and the specific contract awarded to Contractor. Beyond that:
a. For any particular procurement to be made under the provisions of an H-GAC contract, End User a n d Contractor will discuss requirements and agree as to what will be provided. b. Contractor will prepare a Contract Pricing Worksheet and provide it to End User. The Worksheet will list everything being purchased including the base bid item(s), all published and unpublished options and the delivery date. All pricing shall be per the current contract. c. End User will send a purchase document to Contractor, which Contractor will send H-GAC together with the Contract Pricing Worksheet. NOTE: Contractor agrees not to offer, agree to or accept from End User any terms or conditions that conflict with or contravene those in Contractor’s H-GAC contract, except for pricing discounts.
d. H-GAC will prepare an "Order Confirmation" and send it to End User a n d t o Contractor. T h e O r d e r Confirmation verifies that Contractor has a valid H-GAC contract and that the order is in compliance with the requirements of the H-GAC Cooperative Purchasing Program. Contractor will not ship any goods before receipt of both End User's purchase document and H-GAC's Order Confirmation. e. On notification that Contractor has received an order, H-GAC will invoice Contractor f o r t h e a p p l i c a b l e Order Processing Charge. NOTE: The Order Processing Charge is charged to Contractor, EXCEPT in the case of motor vehicles. For all sales of motor vehicles the Order Processing Charge is levied on the End User, collected by Contractor, and remitted to H-GAC by Contractor. f. Contractor will deliver products/services ordered, and will invoice End User for products/services accepted by End User. (See other Sub-Section herein dealing with Product Delivery. ) Contractor will not invoice before shipment has been made.
g. End User will pay Contractor for those products and/or services ordered which have been rec eived and accepted. Under no circumstances shall any check be made payab le to a representative or agent. Should a representative or agent submit an invoice to End User for any cost related to a purchase order issued to Contractor for products/services covered by an H-GAC contract, such invoice shall be forwarded to Contractor and Contractor will take action to correct the error. h. Upon delivery of any product/service by Contractor and acceptance by End User, Contractor shall remit to H-GAC the full amount of the applicable Order Processing Charge in a ccordance with the payment terms established in the H-GAC contract. Note, the Order Processing Charge is due whether or not Contractor has ever received an invoice from H-GAC. Sales executed based on the particulars of Contractor's H-GAC contract, without payment of the Order Processing Charge, may constitute fraud.
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45. PRICE CHANGES
a. Any permanent increase or decrease in offered pricing for a base contract item or published option is considered to be a price change. Temporary increases in pricing by whatev er name (e.g. ‘surcharge’, ‘adjustment’, ‘equalization charge’, ‘compliance charge’, ‘recovery charge’, etc.), are also considered to be price changes. b. Except in the case of contracted published catalogs and price s heets, prices for Base Bid Items and Published Options a re e xpected t o be held fir m f or a minimum of 90 days from the date an awarded Offeror signs the H-GAC contract. Thereafter, cha nges will be considered if acco mpanied by justifying documentation satisfactory to H-GAC. For published catalogs and price sheets which are on an H-GAC contract, requests to amend the contract to reflect any new published catalog or pric e sheet may be submitted whenever the manufacturer publishes the new document. Any such request must include the new catalog or price sheet. c. If Contractor routinely offers discounted contract pricing, H-GAC may request Contractor to accept amended contract pricing equivalent to the routinely discounted pricing. d. No price change will be allowed unless it has been reviewed and approved by H-GAC in writing. Contractor must have received H-GAC's written approval of any change prior to charging the new price or using it in any quotation prepared for an End User.
e. Price change requests must be submitted to H-GAC in writing and must be received by H-GAC at least thirty (30) calendar days prior to the requested effective date of the change and must state the time period for which the requested pricing will remain firm.
f. Price change requests shall include H-GAC Forms D and E, or whatever documentation was used to submit pricing in the original Response hereto, showing all affected i tems with current contract price, requested price, and percentage change shown clearly for each. This documentati on should be submitted in MSExcel format to facilitate analysis and updating of the website.
g. Price change requests MUST be supported with substantive documentation (e.g. manufacturer's price increase notices, copies of invoices from suppliers, etc.) showing that Contractor's actual costs have increased. The Producer Price Index (PPI) may be used as partial justification , subject to approval by H-GAC, but no price increase based solely on an increase in the PPI will be allowed. h. All Products shall, at time of sale, be equipped as may be required under any then current applicable local, state, and federal government requirements. If, during the course of any contract, changes are made to such government requirements which cause a manufacturer's costs of p roduction to increase, Contractor m a y increase Product pricing to the extent of Contractor’s actual cost increase. The increase must be substantiated with support documentation acceptable to H-GAC prior to taking effect. Modifications to a Product required to comply with such requirements which become effective after the date of any sale shall be the responsibility of the End-User.
i. In cases involving contract extensions exceeding sixty-one (61) days beyond the stated expiration date of the contract, Contractor may request a price change based on the same conditions as sta ted above. However, the thirty (30) day prior notice is waived and H-GAC will consider the request immediately on receipt. j. H-GAC reserves the right to accept or reject any price change r equest. Acceptance, if granted, will be in writing and the approved changes will become part of the contract.
46. CONTRACT ITEM CHANGES
a. If a manufacturer discontinues a contracted item, that item wil l automatically be considered to be deleted from the contract with no penalty to Contractor. However, H-GAC may at it's sole discretion elect to make a contract award to the next low offeror for the item, or take any other action deemed by H-GAC to be in the best interests of End Users, at its sole discretion.
b. If a manufacturer makes any chang e in a contracted item which d oes not affect the con tract price, Contractor shall advise H-GAC of the details. If the 'new' item is equal to or better than the originally contracted item, the 'new' item shall be approved as a replacement. Otherwise H-GAC may allow or reject the change, or take any other action deemed by H-GAC to be in the best interests of End Users, at its sole discretion. If the change is rejected there will be no penalty to Contractor.
c. If a manufacturer makes any kind of change in a contracted item which affects the cont ract price, Contractor shall advise H-GAC of the details. H-GAC may allow or reject the change at its sole discretion. If the change is rejected there will be no penalty to Contractor. However, H-GAC may elect to make a contract award to the next low offeror for the item, or take any other action deemed by H-GAC to be in the best interests of End Users, at its sole discretion.
Revised: 04/16/18 Page 18 of 20
d. In the case of specifically identified catalogs or price sheets which have been contracted as base bid items or as published options, routine published changes to products and pr icing shall be automatically incorporated into the contract. However, Contractor must still provide thirty (30) calendar days written notice an d an explanation of the changes to products and pricing. H-GAC will respond with written approval.
47. FORCE MAJEURE
If either party shall be wholly or partially prevented from the performance of any contractual obligation or duty by reason of or through strikes, stoppage of labor, riot, fire, fl ood, acts of war, insurrection, accident., order of any court, act of God, or specific cause reasonably beyond the part y's control and not attributable to its neglect or nonfeasance, in such event, the time for the performance of suc h obligation or duty shall be suspended until such disability to perform is removed. Determination of Force Majeure shall rest solely with H-GAC..
48. PERFORMANCE UNDER CONTRACT
H-GAC is committed to insuring that Contractor provides effective and efficien t service to all Participants i n the Cooperative Purchasing Program, an d expects that certain Perfor mance Conditions must be met. Failure to meet these conditions may result in contract termination. In that regard, Contractor shall:
a. Appoint a dedicated representative to be the contact person and focal point for all matters relating to End User quotations and orders. The representative shall have: A toll free phone number with voice mail; A fax number; A working e-mail address; and A postal address. b. Insure that the representative timely monitors all communication modes listed above, and promptly responds to communications from End Users and H-GAC in any of these modes. Phone calls will be promptly returned, in any event not later than the next business day. Acceptable failure will be due only to Force Majeure. c. Maintain sufficient qualified staff to promptly process all com munications from H-GAC or End Users, and to efficiently, effectively and accurately service all requirements of the contract. d. As may be requested by H-GAC, replace any staff members who ar e not providing the service a nd expertise deemed necessary by H-GAC for acceptable support of End Users. e. Properly prepare and provide to End User a Contract Pricing Worksheet, or a quotation in other format a s approved by H-GAC, for each and every order that is to be executed. f. Furnish, on request of H-GAC, reasonable data, forms and graphic material to be used in bro chures or other print media, or on H-GAC's website.
g. Allow access to H-GAC authorized personnel for inspection of operating facilities, a nd auditing of purchase orders during the contract period, and for a period extending thru the completion of any outstanding orders. Site inspection may be arranged not less than ten (10) calendar days prior, shall include the names of all participants, and shall be at no expense to Contractor.
h. Reporting Requirements:
Contractor agrees to submit written quarterly reports to H-GAC detailing all transactions during the previous three month period. Such reports shall include, but are not limited to the following:
End User name
Product/Service purchased, including Product Code if applicable End User Purchase Order Number
Purchase Order Date
Product/Service dollar amount
HGACBuy Order Processing Charge amount
Reports must be provided to H-GAC in MSExcel or other acceptable electronic format, and are due by the 30th day of the month following the applicable quarter being reported. i. Should Contractor default in providing Products or Services as required by this Invitation and the contract, recourse may be exercised thru cancellation of the contract and other legal remedies as may be appropriate.
49. CONTRACTOR ORIENTATION/TRAINING
H-GAC believes that Contractor's familiarity with the operational policies and requirements of the Cooperative Purchasing Program is a key factor in achieving End User satisfaction. In that regard, the Contact Person listed on Form A , or an alternate, shall be required to participate in an H-GAC vendor orientation/training as soon as
Revised: 04/16/18 Page 19 of 20
possible after contract award. In addition, any other of Contr actor's staff who will be involved in any way with the HGACBuy Program should participate in orientation. The orienta tion may be presented as a teleconference or webinar, or may be held in H-GAC's offices as may be determined by H-GAC and Contractor to be the most efficient and effective form of delivery.
50. LEGAL & CONTRACTUAL REMEDIES
RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS
Procedure
Any actual or prospective Offeror or Contractor who is aggrieved in connection with a purchase transaction may file a grievance. The grievance may be filed at any phase of the procurement. In order for an above mentioned party to enter the grievance process, a written compl aint must be sent to the Chief Operations Officer (COO) of H-GAC by certified mail which identifies the following:
1. Name, mailing address and business phone number of the complainant.
2. Appropriate identification of the procurement being questioned.
3. A precise statement of reasons for the protest.
4. Supporting exhibits evidence or documents to substantiate any claims.
The grievance must be based on an alleged violation of H-GAC’s Procurement Procedures, a violation of State or Federal law (if applicable), o r a violation of applicable gr ant or contract ag reements to which H-GAC is a party. Failure to receive a procurement award from H-GAC in and of itself does not constitute valid grievance. Upon receipt of grievance, the Chief Operations Officer will initiate the informal resolution process.
Expedited Resolution
The Procurement Officer or Depart mental Director responsible fo r the solicitation shall contact the complainant and all interested parties and attempt to resolve the allegations informally within ten (10) working days from date of complaint. If the allegations are successful ly resolved by mutual agreement, documentation will be forwarded to the Chief Operations Officer of the resolu tion with specifics on each point addressed in the original complaint.
If the Procurement Officer or Departmental Director is not succ essful in resolving the allegations, the complaint along with the comments will be forwarded to the Chie f Operations Officer immediately. The Chief Operations Officer will review all documentation. All interested parties will be given written notice of the date, time, and place of the hearing and an opportunity to present evidence. A written decision will be issued within five (5) working days after the hearing along with notice of appeal rights.
Appeals
The complainant may appeal the Chief Operations Officer’s decis ion by submitting a written appeal, within five (5) working days, to the Executive Director of H-GAC. The Executive Director, upon receipt of a written notice of appeal, shall contact the complainant and schedule a hearing within ten (10) working days. The Executive Director of H-GAC has the option of appointing a Hearing Officer to preside over the hearing. If appointed, the Hearing Officer shall conduct a hearing and forward a summary and recommended resolution to the Executive Director.
The decision reached by the Executive Director or his designee shall be final and conclusive. This decision will be forwarded to the complainant in writing within thirty (30) working days.
The Contractor may, if it elects to do so, appeal the final and conclusive de cision of the Executive Director to a Court of competent jurisdiction.
RESOLUTION OF CONTRACT DISPUTES
Upon breach or default, H-GAC shall give the Contractor written notice of default. If t he default is not remedied, within a reasonable specified time from date of notification, t o the satisfaction and approval of H-GAC, default will be declared.
Upon breach of contract or default, H-GAC may exercise any and all of its rights afforded by law, includ ing but not limited to those referenced in the General Contract Provisions.
SOLICITATIONS OR AWARDS IN VIOLATION OF THE LAW
Contracts awarded in violation of the competitive process or ot herwise in violation of the law are voidable by H-GAC.
Revised: 04/16/18 Page 20 of 20
51. NATIONWIDE SALES OPPORTUNITIES
HGACBuy provides purchasing services to local governments qualifying n on-profits throughout the nation, and desires to make established contracts available to them whereve r and whenever practicable. Therefore, once a contract is awarded, Contractor is expected to expand the scope of its marketing effort to inc lude sales to End Users in all areas of the United States, and/or to assign any H-GAC contract to another contractor(s) as deemed appropriate by H-GAC in the interest of its End Users.
Contractor may sell through HGACBuy anywhere subject to complian ce with applicable laws and regulations. If the market structure in which Contractor operates requires a contract assignment for any particular sale, H-GAC will expect Contractor to assign the contract to a Manufacturer or to another Dealer(s). Such assignment must be approved by H-GAC.
Contractor’s differential costs (e.g. transportation & delivery charges) and allowances (e.g. manufacturer’s sales incentives) related to any sale may be charged to buyer.
End of Section A General Terms And Conditions
SM10-20 Street Maintenance Equipment
March 26, 2020 ----- FINAL----- Page 1 of 4
SECTION B
PRODUCT SPECIFIC REQUIREMENTS
For
STREET MAINTENANCE EQUIPMENT
Sub-Section Page
1.0 COMMITMENT ................................................................................................................... ............................. 1
2.0 PURPOSE AND SCOPE ............................................................................................................ ....................... 2
3.0 DEFINITIONS .................................................................................................................. ................................. 2
4.0 TRAINING ..................................................................................................................... .................................... 2
5.0 GENERAL EQUIPMENT REQUIREMENTS ............................................................................................... 2
6.0 BID RESPONSE REQUIREMENTS .................................................................................................... ........... 3
7.0 PRODUCT CODES AND PRICING ..................................... ............................................................... ........... 3
8.0 AWARDS……………………………………………………………………………………………………….3
9.0 DEBRIEFING…………………………………………………………………………………………………..4
10.0 MARKETING & SERVICE PLAN (FORM-H)……………………………………………………………..4
ELECTRONIC SUBMISSION
IMPORTANT:
Responses will be accepted by online electronic submission only. Instructions will be provided in the solicitation documents and can be downloaded from HGACBu y’s website, https://www.hgacbuy.org/bid-notices
1.0 COMMITMENT
Offeror is required to make some basic commitments to insure the overall success of this program.
By submission of a response, offeror agrees to the following:
Corporate/Sales Commitment
A commitment that HGACBuy has the support of senior management and that HGACBuy will be the primary government contracting vehicle when offering services/p roducts awarded from this solicitation to eligible end users nationwide. A further commit ment to aggressively market the program, both independently as well in partnership with HGACBuy.
Hub Participation
It is H-GAC’s goal to have Historically Underutilized Business Enterprise (HUB) participation in providing services under a contract. If Offeror(s) intends to e mploy subcontractors in providing services/products related to this solicitation, Offeror(s) shal l make and demonstrate a good faith effort to include HUB participation under a contract. Offeror(s) good faith effort shall include, but is not limited to the following affirmative steps (Ref. 2CFR 200.321 as a guide):
1. Assuring that small and minority businesses and women’s busi ness enterprises are solicited whenever they are potential sources;
2. Dividing total requirements, when economically feasible, int o smaller task or quantities to SM10-20 Street Maintenance Equipment
March 26, 2020 ----- FINAL----- Page 2 of 4
permit maximum participation by small and minority businesses, and women’s business enterprises;
3. Establishing delivery schedules, where the requirement permi ts, which encourage participation by small and minority businesses, and women’s business enterprises;
4. Using the services and assistance, as appropriate, of such o rganizations as the Small Business Administration and the Minority B usiness Development Agency of the Department of Commerce.
NOTE: The term HUB as used in this solicitation is understood t o encompass all programs/business enterprises such as Small Disadvantaged Business (SDB), Disadva ntage Business Enterprise (DBE), Minority Owned Business Enterpri se (MBE), Women Owned Business Enterprise (WBE) and Disabled Veteran Business Enterprise (DVBE).
2.0 PURPOSE AND SCOPE
In order to address the potential street maintenance equipment needs of our Cooperative Purchasing Program’s Members, H-GAC has established this specification. This specification and the awards to follow are designed to allow for multiple manufacture and model awards, which will afford H-GAC Members the opportunity to shop equipment by price, brand preference, or other proprietary, technical aspects.
This is a “catalog” style bid format, whereby complete manufacturers’ catalogs or formal manufacturer-dealer retail price books will be priced in their entirety, with bidders pricing th e entire document at a percentage off list price. Catalogs may be priced by manufacturers or distributors. Bidders who are awarded contracts pursuant to this Invitation will be able to sell any machines and/or components contained in the ca talogs bid to HGAC Members during the contract period, which will cover a twenty-four (24) month period. As described earlier in this specification (Section A, Terms & Conditions), price changes may be allowed during the course of the contract, per the guidelines described.
3.0 DEFINITIONS
3.1 Catalog: Either a printed manufacturer’s catalog, with models and accessories listed and indexed by model numbers/codes, with or without retail/list pricing; or, an internal manufacturer-to-distributor/dealer retail price list, listing models and accessori es and their respective manuf acture item number/codes, with retail/list pricing.
3.2. Members: Local government agencies (cities, counties, schools, police a nd fire departments, et cetera) participating in Houston-Galveston Area Council’s Cooperative Purchasing program, purchasing equipment and services through HGAC from contracted manufacturers or distributors.
4.0 TRAINING
With the purchase of each new catalog item, vendor shall provide H-GAC Members with adequate training, which, at a minimum, shall include at least one (1) detailed owner’s manual , DVD/CD, or video, providing instruction for the operation and maintenance facets of the machine or component (the price of these items shall be included in the base unit price). Additionally, HGAC Members shall have an ongoing opportunity for communication with an engineer, sales engineer, or qualified technician beginning at the time of delivery and extending for the useful life of each item.
5.0 GENERAL EQUIPMENT REQUIREMENTS
5.1 Necessary safety decals shall be furnished and affixed at t he operator’s station and at any hazardous area, and shall include necessary warnings and precautions.
5.2 All equipment shall carry t he manufacturer’s standard warranty and shall be guaranteed for a minimum of one year against defects in materials, workmanship and performance. The warranty shall begin on the date of acceptance by the end user, during which, the vendor shall repl ace or repair defective machines or components, at no expense to H-GAC Members.
5.3 The equipment provided shall meet or exceed all federal and Texas state safety, health, and noise regulations in effect and applicable to equipment furnished at the time of manufacturer.
SM10-20 Street Maintenance Equipment
March 26, 2020 ----- FINAL----- Page 3 of 4
5.4 Bidder shall include specifications, brochures, warranty in formation, and any other relevant product information with their bid package.
5.5 All parts necessary for the unit to be complete and ready f or operation or which are normally furnished as standard equipment shall be furnished by the vendor. All parts shall conform in strength, quality and workmanship to the accepted standards of the industry.
5.6 The unit shall be completely assembled, adjusted, and all e quipment including standard and supplemental equipment shall be installed and the unit made ready for continuous operation.
6.0 BID RESPONSE REQUIREMENTS
6.1 Dealers submitting responses must be authorized, under written franchise agreement with the manufacturer, to sell and service, including warranty work, any product offered hereunder.
6.2 Offerors MUST submit the Service Organization document required by Section A, Sub-section 28.g.
Further, the Service Organization document must include a detai led description of the geographic area in which Offeror is authorized to sell and service any equipment bid.
6.3 H-GAC will assess contractors an Order Processing Charge of 1.5% of the order amount on all orders placed by Members under any contract executed pursuant to this procurement. Offerors are responsible for taking this into account in determining bid pricing.
7.0 PRODUCT CODES AND PRICING
7.1 Catalogs priced under this Invitation shall be done so on H -GAC’s preformatted Form D, upon which bidder shall supply a percentage off retail/list price. Ideally, this will be a single percentage covering the entire catalog(s) bid, across all of the catalog’s models and accessories. However, H-GAC recognizes that a given catalog may have varying margins associated with the different categories within a single catalog. Given this, H-GAC will allow different percentage discounts within a given manufacturers’ catalog (e.g. segmented by category or model). Such multi-tiered discounts for a given catalog should be bid on Form D. If a category or model is not preformatted on Form D, bidder shall insert the description “Refer to Attached” on Form D and include a separate sheet with the percentage discounts for that catalog detailing the name of catalog and the category-percentage breakdowns. Form E is included in the bid package to allow pricing of those options that are not included in a particular catalog (e.g. distributor’s services, extended warranties, and options sold by distributor that are not found on a particular catalog listed h erein). The discount percentage price from List/Retail will determine the final price for each catalog. Only one catalog/item per line on Form D will be awarded. In the event of a tie, H-GAC will use other criteria submitted in the bidder’s offering to determine a single awardee. Catalogs bid at 0 (zero) percent discount from list/retail price will be deemed non-compliant.
7.2 Bidder shall include with bid package, for every catalog bi d under this Invitation, a copy of the applicable catalog and retail price lists. Failure to do this may result in bid being deemed non-compliant.
7.3 Bid pricing shall be exclusive of freight charges, which wi ll be addressed at the time of each individual sale, as a P/O line item, specific to the individual end user. Freight Charges should be quoted on Form E.
7.4 Bids shall include a compreh ensive list of options/accessories, either included in the bidder’s manufacturer catalog pricing or priced separately on H-GAC’s Form E.
7.5 In the absence of a document’s specific effective date, the catalog/retail price book bid shall be the one in effect at the time of bid submittal.
7.6 For the purpose of this Invitation, all catalogs covered by this specification shall be classified and described using a three or four character alpha-numeric “Product Code”. The first two numeric characters designate the manufacturer. The third (and fourth as applicable) Alpha character designate(s) the specific catalog.
7.7 Form D1 is for sample pricing from the manufacturer’s catalog. Price should be in dollar figures and should reflect the catalog’s discounted price listed on Form D. If pricing differs from catalog pricing, H- GAC may choose the lower pricing. The base price should be a working functional unit with at least the minimum equipment or options necessary to perform unless otherwise noted in the description.
SM10-20 Street Maintenance Equipment
March 26, 2020 ----- FINAL----- Page 4 of 4
8.0 AWARDS
8.1 For each specific Form-D line item, H-GAC will recommend awards to the contractor with the highest overall score providing the best value.
Scoring Component: Pricing
For each line item, a review of Offerors’ submitted bid prices will be conducted. Where pricing elements are satisfied, (including a thorough and accurate Form-E, electronic copies, et cetera), each Offeror will be ranked first, second, third, et cetera bas ed upon system/product pricing or catalog discount levels, whichever is applicable for a given line item.
Form-D Base Bid Price will be weighted to 90% of the total score
For any given line item / product code evaluated, where there m ore than one Offeror exists, each Offeror will be assigned, based on the aforementioned price ranking (percentage discount level on catalog line items and Base Unit price on non-catalog line items) a rank (1, 2, 3, etc.). Each rank will then be adjusted against the weighed multiplier to arrive at this Pricing subsection score.
HGAC reserves the right to utili ze this Pricing component to ad just for an Offeror’s inadequate Form-E pricing, whereby, the individual offeror’s rank may be adjusted accordingly
Scoring Component: Past Performance
An evaluation will be conducted of the Offeror’s previous sales performance as an HGACBuy Contractor. This is weighted at a maximum 10% of the total score. If an Offeror is a current vendor and has sales, they will receive the full 10%, no sales, 0%. First-time bids will receive the maximum 10% for this scoring component. Each Offeror’s rank will be adjusted against the 10% / 0% index to arrive at this Past Performance subsection score
For each line item, an offeror will receive a final score, comprised of the score for their Pricing and Past Performance scores.
In the event of a tie, H-GAC reserves the right to utilize additional factors in compiling a tie breaker, which may include an offeror’s specifi c H-GAC member sales data, numb er of branches, depth and breadth of priced options, et cetera.
NOTE: For joint bids (e.g. a single response from multiple dealers), each Form-A submitted in the offeror’s response will be scored per the above criteria and an overall average will be taken of all Form-A’s submitted to determine the overall score for each joint bid submission.
9.0 DEBRIEFING
9.1 Requests for a debriefing must be made in writing to [email protected] within 5 days of board approval. H-GAC reserves the right to not conduct debriefings if the requests are made after that time. This procedure is NOT available to Respondents who did not participa te in selected ITBs or RFPs, to non- responsive or non-timely Respondents/bidders, or when all proposals/bids are rejected.
10.0 MARKETING & SERVICE PLAN (FORM-H)
10.1 H-GAC expects proposer to have the capability and willing ness to serve any H-GAC Member across the nation, and to promote this contract to the best of its ability. Consistent with this, proposer should acknowledge this, with a description of the resources that will most likely be employed in serving and in promoting this contract, on the enclosed Form-H
*** End of Section B ***
Invitation No.: SM10-20
Title:
This Section contains the following H-GAC FORMS .
FORM DESCRIPTION
Form A: Offeror Identification and Authorized Signatory Form B: Historically Underutilized Business Enterprises Form C: Response Checklist
Form D: Offered Items Pricing
Form E: Published Options
Form H: Marketing Plan
Form W-9: Request for Taxpayer Identification Number and Certification
Form CIQ: Conflict of Interest Questionnaire
Form 1295 Certificate of Interested Parties
Form HB 89 HB Verification Form
SECTION C - H-GAC FORMS
(Rev 12/02/09)
For Use In Responding To Competitive Bid And Proposal Invitations These FORMS are hereby made available in electronic format. They should be copied to Offeror's computer for completion and/or printout as required. The FORMS may not be changed or altered in any way, except as may be specified on the FORM .
ALL completed FORMS must also be submitted electronically on electronic media (DVD, CDRom, flash/thumb drive), excepting of course for signatures. The printed "Original" of the response will be considered as the official copy in case of any discrepancy between the electronic version and the printed Original.
Street Maintenance Equipment
Invitation No.: SM10-20
Invitation Title:
Offeror Company:
Offeror Status:
Response Type(1):
Contract Signatory(2): Title:
Mailing Address(3):
Street/PO Box City State & Zip
Physical Address:
Street City State & Zip
Phone: Fax:
Email Address:
Federal Tax ID No.: Web Page URL:
(1) If Joint Offering, all parties must submit a signed Form A. A contract will be offered to each. (2) Person who will sign final contract documents if an award is made. (3) Address to which final contract documents would be sent for signature.
Contact Person(4): Title:
Mailing Address:
Street/PO Box City State & Zip
Physical Address:
Street City State & Zip
Toll Free Phone: Fax:
Email Address:
(4) Person who End Users will contact for product information and to get pricing quotes.
The Signatory below, on behalf of Offeror:
Signature: Title:
Printed Name: Date:
FORM A - OFFEROR IDENTIFICATION & AUTHORIZED SIGNATORY
(DO NOT handwrite this Form. Information must be typed in.) Street Maintenance Equipment
(Legal name of business which will appear on contract, if awarded) Member Contact Information
- Acknowledges having thoroughly reviewed the Invitation; - Attests to having the authority to sign this response and commit Offeror to honor all requirements; - Makes, under penalty of perjury, all required Offeror Certifications as detailed in General Terms; - Certifies that all information provided in this Response is true and correct.
Dealer/Distributor
M anufacturer
Other
Multiple Offerors
Acting Jointly
Single Offeror Acting
Alone Or As Lead
Procurement No.: SM10-20
Title:
Offeror:
Title: Date:
Accepted and Agreed By:
On a separate sheet, list any subcontractors that would be employed in providing products or services related to this procurement.
Include subcontractor name, designation (HUB, DBE, etc.) and certifying/listing authority.
HUB Status Of Offeror
Designation(s):
Certifying/Listing Authority(s):
Subcontracts
FORM B - HISTORICALLY UNDERUTILIZED BUSINESS ENTERPRISES Note 2: The terms "Certified" and "Listed" as used in conjunction with HUB programs relate to the process of HUB qualification review. Jurisdictions usually require that companies claiming HUB status be reviewed and confirmed as meeting certain minimum requirements to claim that status, and that the review and confirmation process be carried out by certain designated entities. They are then "Certified" or "Listed" by having their name included on an official listing published by the Certifying or Listing Authority.
HGACBuy is comitted to promoting full and equal business opportunities for HUB contractors, and to assisting Cooperative Purchasing Program (COOP) Members in meeting mandated HUB goals. In that regard, Contractor shall make a good faith effort to use the services of Certified/Listed (See Note 2) HUBs whenever possible.
As part of a good faith effort, Contractor agrees to work with and assist HGACBuy Members in meeting HUB targets and goals, as may be required by any rules, processes or programs they might have in place. Such assistance may include such things as compliance with reporting requirements, provision of documentation, consideration of 'Certified/Listed' subcontractors, provision of documented evidence that an active participatory role for a HUB entity was considered in a procurement transaction, etc.
Most, if not all, of the Members of HGACBuy are subject to various requirements relative to purchasing goods and services from Historically Underutilized Business Enterprises (HUBs)(See Note 1). These requirements are promulgated by federal and state governmental authorities, and include measureable criteria such as 'percentage of total dollars spent directed to HUBs', 'number of HUB contractors used', 'HUB subcontractors employed by primary contractors', etc. These requirements are generally formalized in goal oriented programs.
Note 1: There are many designations other than "HUB" used across the country within various jurisdictions. Examples include terms such as Disadvantaged Business Enterprise (DBE), Minority Owned Business Enterprise (MBE), Woman Owned Business Enterprise (WBE), Small Disadvantaged Business (SDB), Small, Woman or Minority-owned Business (SWAM), etc. Regardless of the formal designation, the overall objective of the relavant programs is basically the same, i.e. to insure that disadvantaged and underutilized members of the business community receive a fair share of public spending. The term HUB as used herein shall be understood to encompass all such programs/business enterprises, no matter what terminology is used by the Member.
Street Maintenance Equipment
Subcontractor List attached.
No Subcontractors will be used.
Offeror is a HUB, as detailed below.
Offeror is not a HUB.
HUB
DBE
MBE
WBE
Other
HUB
DBE
MBE
WBE
Other
Procurement No.: SM10-20
Title:
Offeror:
This Response Includes: Init.
1 2
3 4
5 6
7 8
9 Forms-- A, B, C, D, E (EXCEL FORMAT) 1295, W-9, CIQ, HB89 If offer includes motor vehicles to be sold in Texas, copies of all current licenses as required by the Texas Motor Vehicle Commission.
The required list of References.
Details of "Service Organization", including locations, hours, personnel and parts/service availability. (Applies to hard goods only.)
Complete Warranty Documentation for all Products offered.
The manufacturer’s latest Specification Documents detailing standard features, operating characteristics, etc., for all products offered.
If the Non-Resident Reciprocal Bid Act applies, a copy of your state statute and a determination of the status of Texas bidders/proposers in your home state. If not applicable, indicate "N/A" An "Original" hard copy of the COMPLETE submission, including all required FORMS, plus one copy, each in a separate hard-sided 3-ring binder.
An originally signed Form A from all entities who are party to this submission and who should be offered a contract if this submission is successful.
FORM C - RESPONSE CHECKLIST
Street Maintenance Equipment
This FORM is provided to help insure that all required Response elements have been completed and included, or certified as being available upon request. Responses that do not comply with all requirements may be considered non-compliant. Offeror's signatory must review each item below, and certify by initialing in the space to the right.
Offeror
Name:
Contract Manufacturer Vendor Product
Code Description Discount
Percentage
SM10-20 Arrow-Master SM2039A Mobil Drop Hammer Pricing Catalog/Price Sheet SM10-20 Asphalt Zipper SM2001A Asphalt Zipper Asphalt Milling/Planing/Reclaiming Machine Pricing Catalog/Price Sheet
SM10-20 Basic SM2003A Basic Pneumatic Rollers Pricing Catalog/Price Sheet SM10-20 Basic SM20401A Basic Split-Drum Rollers Catalog/Price Sheet SM10-20 Bergkamp SM2004A Bergkamp Flameless Pothole Patcher Pricing Catalog/Price Sheet
SM10-20 Bergkamp SM2004B Bergkamp Spray Injection Truck Mounted Patcher Pricing Catalog/Price Sheet
SM10-20 Bergkamp SM2004C Bergkamp Truck Mounted Mastic Surface Treatment SM10-20 Bergkamp SM2004D Bergkamp Truck Mounted Paver M3 Series Pricing Catalog/Price Sheet
SM10-20 Blastrac NA SM402A Cyclone High Pressure Surface Pricing Catalog/Price Sheet SM10-20 Bomag SM2005A Bomag Single Drum Vibratory Rollers Pricing Catalog/Price Sheet
SM10-20 Bomag SM2005B Bomag Tandem Drum Vibratory Rollers Pricing Catalog/Price Sheet
SM10-20 Bomag SM2005C Bomag Combination Rollers Pricing Catalog/Price Sheet SM10-20 Bomag SM2005D Bomag Pneumatic Rollers Pricing Catalog/Price Sheet SM10-20 Bomag SM20403A Bomag Light Equipment Pricing Catalog/Price Sheet SM10-20 Bomag SM2005H Bomag Milling/Planing Pricing Catalog/Price Sheet SM10-20 Bomag SM2005I Bomag Asphalt Recycling & Soil Stabilization Pricing Catalog/Price Sheet
SM10-20 Bomag SM2005J Bomag Landfill Compactors Pricing Catalog/Price Sheet SM10-20 Bomag SM2005L Bomag Paving Pricing Catalog/Price Sheet SM10-20 Broce SM2006A Broce Street/Road Brooms Pricing Catalog/Price Sheet SM10-20 Carlson SM2044A Carlson Asphalt Paver-Screeds Pricing Catalog/Price Sheets
SM10-20 Case Construction SM2007A Case Construction Single Smooth Drum Vibratory Rollers Pricing Catalog/Price Sheet
FORM D - OFFERED ITEMS PRICING
INSTRUCTIONS: Fill in unshaded areas. Complete one line for each product code. Add lines as needed. Shaded columns for H-GAC use only.
SM10-20 You must provide a discount. Failure to provide a disccount will automatically be deemed non-compliant.
SM10-20 Case Construction SM2007B Case Construction Tandem Drum Vibratory Rollers Pricing Catalog/Price Sheet
SM10-20 Case Construction SM2007C Case Pneumatic Roller Pricing Catalog/Price Sheet SM10-20 Caterpillar SM2008A Caterpillar Single Smooth Drum Vibratory Rollers Pricing Catalog/Price Sheet
SM10-20 Caterpillar SM2008B Caterpillar Tandem Drum Vibratory Rollers Pricing Catalog/Price Sheet
SM10-20 Caterpillar SM2008C Caterpillar Combination Rollers Catalog Pricing/Price Sheet
SM10-20 Caterpillar SM2008D Caterpillar Pneumatic Rollers Catalog Pricing/Price Sheet SM10-20 Caterpillar SM2008E Caterpillar Asphalt Milling/Planing/Reclaiming Machines Catalog Pricing/Price Sheet
SM10-20 Caterpillar SM2008F Caterpillar Asphalt Paver-Screeds Catalog Pricing/Price Sheet
SM10-20 C&C Manufacturing SM1343A Al-jon Series Landfill Compactors Pricing Catalog/Price Sheet
SM10-20 Cemen Tech SM2010A Cemen Tech Mobile Concrete Mixers Pricing Catalog/Price Sheet
SM10-20 Cemen Tech SM2011AD Cemen Tech Silos
SM10-20 Cimline SM2011A Cimline Melter-Applicator/Crack Sealers Pricing Catalog/Price Sheet
SM10-20 Cimline SM2011B Cimline/Tack Kettle/Pricing Catalog/Price Sheet SM10-20 Cimline SM2011C Cimline, Pavement Router Pricing Catalog/Price Sheet SM10-20 Cimline SM2011E Cimline, Pothole Patcher, Melter Applicator Combo/ Price Sheet
SM10-20 Crafco SM2013A Crafco Pothole Patchers Pricing Catalog/Price Sheet SM10-20 Crafco SM2013B Crafco Melter-Applicators/Crack Sealers Pricing Catalog/Price Sheet
SM10-20 Crafco SM2013D Crafco Pavement Cutters Pricing Catalog/Price Sheet SM10-20 Crafco SM2013E Crafco Crack-Vac Asphalt Crack Cleaners Pricing Catalog/Price Sheet
SM10-20 Crafco SM2013F Crafco BAX Skid-Mounted Marker Placers Pricing Catalog/Price Sheet
SM10-20 Crafco SM2013G Crafco SuperSeal Coater Pricing Catalog/Price Sheet SM10-20 Duraco SM2015A Duraco, DuraPatcher Pothole Patcher, Durapatchers Pricing Catalog/Price Sheet
SM10-20 Duraco SM2015B Duraco Emulsion Storage Tanks Pricing Catalog/Price Sheet
SM10-20 Dynapac SM2016A Dynapac Single Smooth Drum Vibratory Rollers Pricing Catalog/Price Sheet
SM10-20 Dynapac SM2016B Dynapac Tandem Drum Vibratory Rollers Pricing Catalog/Price Sheet
SM10-20 Dynapac SM2016C Dynapac Combination Rollers Pricing Catalog/Price Sheet SM10-20 Dynapac SM2016D Dynapac Static Roller Tri Drums Pricing Catalog/Price Sheet
SM10-20 Dynapac SM2016E Dynapac Pneumatic Rollers Pricing Catalog/Price Sheet SM10-20 Dynapac SM2016F Dynapac Portable Compactor Rammer/Tappers Pricing Catalog/Price Sheet
SM10-20 Dynapac SM2016G Dynapac Portable Compactor Forward Plates Pricing Catalog/Price Sheet
SM10-20 Dynapac SM2016H Dynapac Portable Compactor Forward-Reverse Plates Pricing Catalog/Price Sheet
SM10-20 Dynapac SM2016I Dynapac Portable Compactor, Vibratory Drum & Trench Rollers Pricing Catalog/Price Sheet
SM10-20 Dynapac SM2016J Dynapac Paver-Screeds Catalog Pricing/Pricing Sheet SM10-20 Dynapac SM2016K Dynapac Mobile Asphalt Feeders Pricing Catalog/Price Sheet
SM10-20 Ecoverse Industries SM2041A Doppstadt Slow Speed High Torque Shredders Pricing Catalog/Price Sheet
SM10-20 Ecoverse Industries SM2041B Doppstadt High Speed Grinders Pricing Catalog/Price Sheet
SM10-20 Ecoverse Industries SM2041C Doppstadt Trommel/Star Screens Pricing Catalog/Price Sheet
SM10-20 Ecoverse Industries SM2041D Doppstadt Picking/Sorting Stations Pricing Catalog/Price Sheet
SM10-20 Ecoverse Industries SM2041G Backers Star Screens Pricing Catalog/Price Sheet SM10-20 Ecoverse Industries SM2041H Backhus Compost Turners Pricing Catalog/Price Sheet SM10-20 Ecoverse Industries SM2041I Cesaro De-packaging Tiger Pricing Catalog/Price Sheet SM10-20 Ecoverse Industries SM2041I Doppstadt Stationary Equipment Pricing Catalog/Price Sheet
SM10-20 Ecoverse Industries SM2041J Doppstadt Washinig Equipment Pricing Catalog/Price SM10-20 Ecoverse Industries SM2041K Doppstadt Splitter Equipment Pricing Catalog/Price SM10-20 Ecoverse Industries SM2041L Doppstadt Airflex Equipment Pricing Catalog/Price SM10-20 Ecoverse Industries SM2041M EcoSift Pricing Catalog/Price SM10-20 Ecoverse Industries SM2041N Ecoverse Conveyors Ecostack/JDC Pricing Catalog/Price SM10-20 Ecoverse Industries SM2041O TrommALL Trommels Pricing Catalog SM10-20 EZ-Liner SM2018A EZ-Liner Striping Machines Pricing Catalog/Price Sheet SM10-20 Falcon SM2065A Asphalt Heater/Recycler Pricing Catalog/Price Sheet
SM10-20 Gomaco SM2019A Gomaco Concrete Paver Pricing Catalog/Price Sheet SM10-20 Gomaco SM2019B Gomaco Concrete Finishers Pricing Catalog/Price Sheet SM10-20 GVM Vac SM2009A GVM Vac Leaf Vacuum Equipment
SM10-20 Hamm SM2020A Hamm Single Smooth Drum Vibratory Rollers Pricing Catalog/Price Sheet
SM10-20 Hamm SM2020B Hamm Tandem Drum Vibratory Rollers Pricing Catalog/Price Sheet
SM10-20 Hamm SM2020C Hamm Combination Rollers Pricing Catalog/Price Sheet SM10-20 Hamm SM2020D Hamm Static Three Wheeled Rollers Pricing Catalog/Price Sheet
SM10-20 Hamm SM2020E Hamm Pneumatic Rollers Pricing Catalog/Price Sheet SM10-20 H D Industries SM2045A Pothole Patchers Pricing Catalog/Price Sheet SM10-20 Holcombe CVI SM20420A Holcombe CVI Mobile Concrete Mixers Pricing Catalog /Pricing Sheet
SM10-20 KM International SM20555A Asphalt Hotbox Reclaimer & Recyclers SM10-20 KM International SM20555B Asphalt Crack Maintenance Equipment SM10-20 LAY-MOR SM1840A LAY-MOR Walk behind Sweeper Pricing Catalog/Price Sheet
SM10-20 LAY-MOR SM1840B LAY-MOR Wheel Towable Street and Road Sweeper Pricing Catalog/Price Sheet
SM10-20 LAY-MOR SM1840C LAY-MOR Wheel Street & Road Broom Pricing Catalog/Price Sheet
SM10-20 LB Performance SM2051A Motorgraders/ Catalog Price sheet SM10-20 LB Performance SM2051B Brooms/ Catalog Price Sheet SM10-20 LB Performance SM2051C Road Widners/ Catalog Price sheets SM10-20 LB Performance SM2051D Self Propelled Road Wideners Pricing Catalog/Price Sheet SM10-20 LB Performance SM2051E Paver-Screeds Pricing Catalog/Price Sheet SM10-20 LB Performance SM2051F Street/Road Brooms Pricing Catalog/Price Sheet SM10-20 LB Performance SM2051G Pneumatic Rollers Pricing Catalog/Price Sheet SM10-20 LeeBoy SM2022A LeeBoy Tandem Drum Vibratory Rollers Catalog/Price Sheet
SM10-20 LeeBoy SM2022B LeeBoy Pneumatic Rollers Catalog/Price Sheet SM10-20 LeeBoy SM2022C LeeBoy Asphalt Distributors Catalog/Price Sheet SM10-20 LeeBoy SM122D LeeBoy Paver-Screeds Catalog/Price Sheet SM10-20 LeeBoy SM2022E LeeBoy Force Feed Loaders Catalog/Price Sheet SM10-20 LeeBoy SM2022F LeeBoy Asphalt Patcher Catalog/Price Sheet SM10-20 LeeBoy SM2022G LeeBoy Motorgraders Catalog/Price sheet SM10-20 Lincoln Paving SM2023A Lincoln Paving Windrow Asphalt Pickup Machines Catalog/Price Sheet
SM10-20 Mauldin SM2024A Mauldin Tandem Drum Vibratory Rollers Catalog/Price Sheet
SM10-20 Mauldin SM2024B Mauldin Static Roller Tandem Drums Catalog/Price Sheet SM10-20 Mauldin SM2024D Mauldin Asphalt Distributors Catalog/Price Sheet SM10-20 Mauldin SM2024E Mauldin Paver-Screeds Catalog/Price Sheet SM10-20 Mauldin SM2024F Mauldin Maintainers Catalog/Price Sheet SM10-20 M-B Companies SM2025A M-B Companies Striping Machines Pricing Catalog/Price Sheet
SM10-20 M-B Companies SM2025B M-B Companies Wheeled Loader Attachment Brooms Pricing Catalog/Price Sheet
SM10-20 M-B Companies SM2025C M-B Companies Tow-Behind Road Brooms Pricing Catalog/Price Sheet
SM10-20 M-B Companies SM2025D M-B Companies Walk-Behind Self-Propelled Brooms Pricing Catalog/Price Sheet
SM10-20 M-B Companies SM2025E M-B Companies Vulcan Kettle Thermoplastic Melting Kettles Pricing Catalog/Price Sheet
SM10-20 M-B Companies SM2025F M-B Companies Mercury Trailer System Thermoplastic Melting Systems Pricing Catalog/Price Sheet
SM10-20 ODB SM3333A Leaf Vacuum Equipment Pricing Catalog/Price Sheet SM10-20 PB Loader Corporation SM2052A Patcher Pricing Catalog/ Price Sheet SM10-20 PB Loader Corporation SM2052B Sprayers Pricing/Catalog Price Sheet SM10-20 PB Loader Corporation SM2052C Loader Pricing Catalog/Price Sheet SM10-20 Pitbull SM2048A Pitbull Screening Plants Pricing Catalog/Price Sheet SM10-20 Pitbull SM2048B Pitbull Conveyor Pricing Catalog/Price Sheet SM10-20 Pitbull SM2048C Pitbull Equipment Pricing Catalog/Price Sheet SM10-20 Pitbull SM2048D Pitbull Grizzly's Pricng Catalog/Price Sheet SM10-20 Pitbull SM2048E Pitbull Feeder Pricing Catalog/Price Sheet SM10-20 Power Curbers SM2043A Power Curbers & Power Pavers Slipform Concrete Equipment Price Catalog
SM10-20 RoadHog, Inc. SM2037A RoadHog, Inc. Attachments Asphalt Milling/Planing/Reclaiming Machines Catalog/Price Sheet SM10-20 Roadtec SM2028A Roadtec Asphalt Milling/Planing/Reclaiming Machines Pricing Catalog/Price Sheet
SM10-20 Roadtec SM2028B Roadtec Asphalt Paver-Screeds Pricing Catalog/Price Sheet Roadtec SM2028C Roadtec Material Transfer Vehicle Catalog/Price Sheet SM10-20 Roadtec SM2028D Roadtec Street /Road Brooms Catalog/Price Sheet SM10-20 Rosco SM2029A Rosco Pneumatic Rollers Pricing Catalog/Price Sheet
SM10-20 Rosco SM2029B Rosco Pothole Patchers Pricing Catalog/Price Sheet SM10-20 Rosco SM2029C Rosco Asphalt Distributors Pricing Catalog/Price Sheet SM10-20 Rosco SM2029D Rosco Chip Spreaders Pricing Catalog/Price Sheet SM10-20 Rosco SM2029E Rosco Street/Road Brooms Pricing Catalog/Price Sheet SM10-20 Rosco SM2029F Water Truck Body Pricing Catalog/Price Sheet SM10-20 Sakai America SM20435A Sakai Single Drum Vibratory Rollers Pricing Catalog/ Price Sheet
SM10-20 Sakai America SM20435B Sakai Tandem Drum Vibratory Roller, Pricing Catalog/ Price Sheet
SM10-20 Sakai America SM20435C Sakai Combination Rollers Pricing Catalog/Price Sheet SM10-20 Sakai America SM20435D Sakai Vibratory Pneumatic Rollers Pricing Catalog/Price Sheet
SM10-20 Sakai America SM20435E Sakai Static Rollers Tandem Drum three wheel Pricing Catalog/Price Sheet
SM10-20 Sakai America SM20435F Sakai Light Equipment, Rammers, Tampers and Plates Pricng Catalog/ Price Sheet
SM10-20 Sakai America SM20435G Sakai Light Equipment, Walk Behind and Trench Rollers Pricing Catalog/Price Sheet
SM10-20 Schwarze SM2031A Schwarze Pothole Patchers Pricing Catalog/Price Sheet SM10-20 Sealmaster SM20910A Spray Applicator Catalog/Price Sheet SM10-20 Sealmaster SM20910B Spray Trailer Catalog/Price Sheet
SM10-20 Sealmaster SM20910C Chip Spreader Catalog Price Sheet SM10-20 Sealmaster SM20910D Heated Asphalt Storage Tank Catalog Price Sheet SM10-20 Sealmaster SM20910E Heated Tack Distributor Catalog Price Sheet SM10-20 Sealmaster SM20910F Gravity Crackfilling Melter Catalog Price Sheet SM10-20 Spaulding SM20440A Spaulding Price Catalog/Price Sheet SM10-20 STEPP SM20444A Crack Sealing Trailer Catalog/Price Sheet SM10-20 STEPP SM20444B Tack Distributors Catalog/Price Sheet SM10-20 STEPP SM20444C Asphalt/Pothole Patcher Catalog/Price Sheet SM10-20 STEPP SM20444D Asphalt Recycler Catalog/Price Sheet SM10-20 Superior Broom SM2032A Superior Broom Street/Road Brooms Catalog/Price Sheet SM10-20 Thermo-Lay
Manufacturing LLC SM20696A Pothole Patchers Pricing Catalog/Price Sheet SM10-20 Vogele SM2048A Vogele Asphalt Pavers-Screeds Catalog/Price Sheet SM10-20 Volvo Construction SM2034A Volvo Construction Single Smooth Drum Vibratory Rollers Catalog/Price Sheet
SM10-20 Volvo Construction SM2034B Volvo Construction Tandem Drum Vibratory Rollers Catalog/Price Shee
SM10-20 Volvo Construction SM2034D Volvo Construction Pneumatic Rollers Catalog/Price Sheet SM10-20 Volvo Construction SM2034F Volvo Construction Pavers Catalog/Price Sheet SM10-20 Wacker SM2035A Wacker Tandem Drum Vibratory Rollers Catalog/Price Sheet
SM10-20 Wacker SM2035B Wacker Portable Compactor Rammer/Tappers Catalog/Price Sheet
SM10-20 Wacker SM2035C Wacker Portable Compactor Electric Rammer/Tappers Catalog/Price Sheet
SM10-20 Wacker SM2035D Wacker Portable Compactor Forward Plates Catalog/Price Sheet
SM10-20 Wacker SM2035E Wacker Portable Compactor Forward-Reverse Plates Catalog/Price Sheet
SM10-20 Wacker SM2035F Wacker Portable Compactor Vibratory Drum & Trench Rollers Catalog/Price Sheet
SM10-20 Weiler SM2042A Weiler Asphalt Pavers Catalog/Price Sheet SM10-20 Weiler SM2042B Weiler Road Wideners Catalog/Price Sheet SM10-20 Weiler SM2042C Weiler Static, Split-Drum Rollers Catalog/Price Sheet SM10-20 Weiler SM2042D Weiler Combination Compactor Catalog/Price Sheet SM10-20 Weiler SM2042E Weiler Tack Distributors Catalog/Price Sheet SM10-20 Weiler SM20450A Weiler Stabilizer
SM10-20 Wirtgen SM2036A Wirtgen Asphalt Milling/Planing/Reclaiming Machines Catalog/Price Sheet
SM10-20 Xtreme Vac SM203535A Xtreme Vac Leaf Vacuum Equipment Catalog/Price Sheet
H-GAC FORM D1 Base Bid Item Sample Pricing
Bidder:
Invitation #:
Manufacturer H-GAC
Product Code Base Line Item Description Base Sample
Price ($)
Arrow-Master SM2039AD1 Mobil Drop Hammer 1350T
Asphalt Zipper SM2001AD1 Asphalt Milling/Planing/Reclaiming Machine: Asphalt Zipper, AZ300B Basic SM2003AD1 Pneumatic Roller: Basic, 700
Basic SM20401AD1 Basic Split-Drum Roller, 120V
Bergkamp SM2004AD1 Bergkamp Flameless Pothole Patcher Pricing Catalog/Price Sheet Bergkamp SM2004BD1 Bergkamp Spray Injection Truck Mounted Patcher Pricing Catalog/Price Sheet
Bergkamp SM2004CD1 Bergkamp Truck Mounted Mastic Surface Treatment Applicator - MA Series Pricing Catalog/Price Sheet
Bergkamp SM2004DD1 Bergkamp Truck Mounted Paver M3 Series Pricing Catalog/Price Sheet Blastrac NA SM20402AD1 High pressure surface cleaner (trailer-mount design); engine: Kohler Command Pro gas, 25 hp; water tank: 330 gallons; cleaning path: 18" Bomag SM2005AD1 Single Drum Vibratory Rollers BW124D-40 Bomag SM2005BD1 Tandem Drum Vibratory Rollers BW900-2
Bomag SM2005CD1 Combination Rollers BW138AC
Bomag SM2005DD1 Pneumatic Rollers BW11RH
Bomag SM20403A Light Equipment
Bomag SM2005HD1 Milling/Planing Pricing Catalog/Price Sheet BW900-50 Bomag SM2005ID1 Asphalt Recycling & Soil Stabilization MPH364R Bomag SM2005JD1 Landfill Compactors BC772RB
Bomag SM2005LD1 Paving ProPaver 413
Broce SM2006AD1 Street/Road broom: Broce CRT 350
Carlson SM2044AD1 Carlson Asphalt Paver-Screeds CP-100
Case Construction SM2007AD1 Single Smooth Drum Vibratory Roller: Case Construction, SV212 Case Construction SM2007BD1 Tandem Drum Vibratory Roller: Case Construction, DV201 Case Construction SM2007CD1 Case Pneumatic Roller DUS Sorting Stations Caterpillar SM2008AD1 Single Smooth Drum Vibratory Roller: Caterpillar, CS44/CS54 Caterpillar SM2008BD1 Tandem Drum Vibratory Roller: Caterpillar, CB14B Caterpillar SM2008CD1 Combination Roller: Caterpillar, CC24B SM20-20
This Form is intended for base sample pricing. Pricing should reflect the discount given on Form D. All units should include enough Caterpillar SM2008DD1 Pneumatic Roller: Caterpillar, CW14 Caterpillar SM2008ED1 Asphalt Milling/Planing/Reclaiming Machine: Caterpillar, PM102/ PM200 Caterpillar SM2008FD1 Asphalt Paver-Screed: Caterpillar, AP500E C&C Manufacturing SM2043AD1 Compactors Aljon Series 500 Cemen Tech SM2010AD1 Cemen Tech Mobile Concrete Mixers
Cemen Tech SM2011AD1 Cemen Tech Silos
Cimline SM2011AD1 Cimline, Melter-Applicator/Crack Sealer: M Series, M1 Cimline SM2011BD1 Cimline, Melter-Applicator / Mastic Patcher, C1 Cimline SM2011CD1 Cimline, Tack Kettle / 250 Gallon, TK2 Cimline SM2011ED1 Cimline, Pothole Patcher, Melter Applicator Combo/Price Sheet Crafco SM2013AD1 Pothole Patchers: Crafco, Patcher I
Crafco SM2013BD1 Melter-Applicators/Crack Sealers: Crafco, EZ50 Crafco SM2013DD1 Crafco, 200 Pavement Cutter
Crafco SM2013ED1 Crafco, Crack-Vac Asphalt Crack Cleaner Crafco SM2013FD1 Crafco, BAX Skid-Mounted Marker Placer Crafco SM2013GD1 Crafco, SuperSeal Coater 550 Base Unit Duraco SM2015AD1 Duraco, Durapatcher Pothole, P2 Trailer Duraco SM2015BD1 Duraco, Emulsion Storage Tanks: Vertical, Trailer, T1 Dynapac SM2016AD1 Single Smooth Drum Vibratory Roller, : Dynapac, CA134D Dynapac SM2016BD1 Tandem Drum Vibratory Roller: Dynapac, CC800 Dynapac SM2016CD1 Combination Roller: Dynapac, CC102C
Dynapac SM2016DD1 Static Roller: Tri Drum: Dynapac, CS142N Dynapac SM2016ED1 Pneumatic Roller: Dynapac, CP142
Dynapac SM2016FD1 Portable Compactor, Rammer/Tapper: Dynapac, LT5000 Dynapac SM2016GD1 Portable Compactor, Forward Plate: Dynapac, LF45 Dynapac SM2016HD1 Portable Compactor, Forward-Reverse Plate: Dynapac, LG160 Dynapac SM2016ID1 Portable Compactor, Vibratory Drum & Trench Rollers: Dynapac, LP750 Dynapac SM2016JD1 Paver-Screed: Dynapac, F4C
Dynapac SM2016KD1 Dynapac, MF250 Mobile Asphalt Feeder
Ecoverse Industries SM2041AD1 Doppstadt Slow Speed High Torque Shredders DW2060 Ecoverse Industries SM2041BD1 Doppstadt High Speed Grinders AK30 Ecoverse Industries SM2041CD1 Doppstadt Trommel/Star Screens SM514 Ecoverse Industries SM2041DD1 Doppstadt Picking/Sorting Stations DUS Sorting Station Ecoverse Industries SM2041FD1 Backers Star Screens 3-MTA Ecoverse Industries SM2041GD1 Backhus Compost Turners 21.43 Ecoverse Industries SM2041HD1 Cesaro De-packaging Tiger HS640 Ecoverse Industries SM2041ID1 Doppstadt Stationary Equipment Ecoverse Industries SM2041JD1 Doppstadt Washinig Equipment Ecoverse Industries SM2041KD1 Doppstadt Splitter Equipment Ecoverse Industries SM2041LD1 Doppstadt Airflex Equipment Ecoverse Industries SM2041MD1 EcoSift Pricing
Ecoverse Industries SM2041ND1 Ecoverse Conveyors Ecostack/JDC Ecoverse Industries SM2041OD1 TrommALL Trommels
EZ-Liner SM2018AD1 Striping Machine: EZ-Liner, AL110
Falcon SM2065AD1 Asphalt Heater/Recycler P4
Gomaco SM2019AD1 Concrete Paver: Gomaco, GT-3200
Gomaco SM2019BD1 Gomaco, C450 Concrete Finisher
GVM Vac SM2009AD1 GVM 450 Rear-Loading Debris Collector Hamm SM2020AD1 Single Smooth Drum Vibratory Roller, : Hamm, 3205 Hamm SM2020BD1 Tandem Drum Vibratory Roller: Hamm, HD8 VV Hamm SM2020CD1 Combination Roller: Hamm, HD12 VT
Hamm SM2020DD1 Static Roller: Three Wheeled: Hamm, HW90B Hamm SM2020ED1 Pneumatic Roller: Hamm, GRW 280
H D Industries SM2045AD1 H D Industries TCM 425-100-HT 4.25 CY Holcombe CVI SM20420AD1 Holcombe CVI Mobile Conrete Mixers HM10H KM International SM20555AD1 Asphalt Hotbox Reclaimers
KM International SM20555BD1 Crack Mainteance Equipment
LAY-MOR SM2040AD1 LAY-MOR Sweepmaster 200
LAY-MOR SM2040BD1 LAY-MOR Sweepmaster 300
LAY-MOR SM2040CD1 LAY-MOR Sweepmaster 400
LB Performance SM2051AD1 Motorgraders G700
LB Performance SM2051BD1 Brooms PF150
LB Performance SM2051CD1 Road Widners RW80
LB Performance SM2051DD1 Self Propelled Road Wideners RW-35 LB Performance SM2051ED1 Paver-Screeds PF 150
LB Performance SM2051FD1 Street/Road Brooms CB-90
LB Performance SM2051GD1 Pneumatic Rollers PTC-15B LeeBoy SM2022AD1 Tandem Drum, Vibratory Roller: LeeBoy, 400 LeeBoy SM2022BD1 Pneumatic Roller: LeeBoy, 420
LeeBoy SM2022CD1 Asphalt Distributor: LeeBoy, L150T
LeeBoy SM2022DD1 Paver-Screed: LeeBoy, 7000B
LeeBoy SM2022ED1 3000 Force Feed Loader
LeeBoy SM2022FD1 1200S Multi-Purpose Asphalt Maintenance Patcher LeeBoy SM2022GD1 LeeBoy Motorgraders
Lincoln Paving SM2023AD1 Windrow Asphalt Pickup Machine: Lincoln Paving 550XL Mauldin SM2024AD1 Tandem Drum, Vibratory Roller: Mauldin, 1450 Mauldin SM2024BD1 Static Roller: Tandem Drum: Mauldin, 1450S Mauldin SM2024DD1 Asphalt Distributor: Mauldin, MT300
Mauldin SM2024ED1 Paver-Screed: Mauldin, 550E
Mauldin SM2024FD1 Miscellaneous: Mauldin, M413XT Maintainer M-B Companies SM2025AD1 Striping Machine: M-B Companies, 155 M-B Companies SM2025BD1 M-B Companies, HL Wheeled Loader Attachment Broom M-B Companies SM2025CD1 M-B Companies, 53T Tow-Behind Road Broom M-B Companies SM2025DD1 M-B Comp., MCD-WB Walk-Behind Self-Propelled Broom M-B Companies SM2025ED1 M-B Companies, Vulcan Kettle Thermoplastic Melting Kettle M-B Companies SM2025FD1 M-B Companies, Mercury Trailer System Thermoplastic Melting System ODB SM3333AD1 Old Dominion Brush Leaf Vacuum Equipment
PB Loader
Corporation SM2052AD1 Truck Mounted Patcher MODEL B-1.5 PB Loader
Corporation SM2052BD1 Truck Mounted Emulsion Sprayers PB MODEL 65-CS PB Loader
Corporation SM2052CD1 Truck Mounted Loader MODEL L-100-CT PB Pitbull SM2048AD1 Pitbull 2300 Portable Screening Plants Pitbull SM2048BD1 Pitbull 20' Std Grnd Level Side Convey 900577HKX Pitbull SM2048CD1 Pitbull Stationary Grizzly Box Equipment PB148 Pitbull SM2048D Pitbull Grizzly
Pitbull SM2048E Pitbull Feeder
Power Curbers SM2043AD1 Power Curber 5700-D Slipform Concrete Curb Machine RoadHog, Inc. SM2037AD1 Asphalt Milling/Planing/Reclaiming Machine: RoadHog, Inc. Attachments CP12LF
Roadtec SM2028AD1 Asphalt Milling/Planing/Reclaiming Machine:Roadtec, RX-100e Roadtec SM2028BD1 Paver-Screed: Roadtec, RP-170e
Roadtec SM2028CD1 Material Transfer Vehicle: Roadtec MTV-1100 Roadtec SM2028DD1 Street/Road Broom: Roadtec FB-100
Rosco SM2029AD1 Pneumatic Roller: Rosco, 915
Rosco SM2029BD1 Pothole Patcher: Rosco, RA400
Rosco SM2029CD1 Asphalt Distributor: Rosco, Maximizer 3 Rosco SM2029DD1 Chip Spreader: Rosco, CSM
Rosco SM2029ED1 Street/Road Broom: Rosco, RB48
Rosco SM2029FD1 Water Truck Body DS3000
Sakai America SM20435AD1 Sakai Smooth Drum Vibratory Roller: Sakai SV204D Sakai America SM20435BD1 Tandem Drum Vibratory Roller: Sakai CR271 Sakai America SM20435CD1 Combination Rollers Sakai TW354 Sakai America SM20435DD1 Vibratory Pneumatic Rollers Sakai GW754 Sakai America SM20435ED1 Static Rollers: Tandem Drum Sakai R2H-4 Three Wheel Sakai America SM20435FD1 Sakai Light Equipment, Rammers, Tampers and Plates RS55 Sakai America SM20435GD1 Sakai Light Equipment, Walk Behind and Trench Rollers HS67ST Schwarze SM2031AD1 Pothole Patcher: Schwarze, Street Maxx Sealmaster SM20910AD1 SP575 DUAL SQUEEGEE/SPRAY APPLICATOR Sealmaster SM20910BD1 TR575 SPRAY TRAILER
Sealmaster SM20910CD1 Aggregate Chip Spreader Box R-1
Sealmaster SM20910DD1 HEATED ASPHALT STORAGE TANK
Sealmaster SM20910ED1 575 HEATED TACK DISTRIBUTOR
Sealmaster SM20910FD1 125 HH CRACKFILLING MELTER
Spaulding SM20440AD1 Spaulding Equipment
STEPP SM20444AD1 Crack Sealing Trailer
STEPP SM20444BD1 Tack Distributors
STEPP SM20444CD1 Asphalt/Pothole Patcher
STEPP SM20444DD1 Asphalt Recycler
Superior Broom SM2032AD1 Street/Road Broom: Superior Broom, SM80CT Thermo-Lay
Manufacturing LLC SM20696AD1 UD 625-120 6.25 Yard Pothole Patching Machine - Truck Mounted Vogele SM2048AD1 Vogele Asphalt Pavers-Screeds
Volvo Construction SM2034AD1 Single Smooth Drum Vibratory Roller, : Volvo Construction, SD45B Volvo Construction SM2034BD1 Tandem Drum Vibratory Roller: Volvo Construction, DD15 Volvo Construction SM2034DD1 Pneumatic Roller: Volvo Construction, PT125R Volvo Construction SM2034FD1 Paver: Volvo Construction: PF4410B Wacker SM2035AD1 Tandem Drum Vibratory Rollers RD12A
Wacker SM2035BD1 Portable Compactor Rammer/Tappers BS52Y Wacker SM2035CD1 Portable Compactor Electric Rammer/Tappers ES52Y Wacker SM2035DD1 Portable Compactor Forward Plates WP1540AW Wacker SM2035ED1 Portable Compactor Forward-Reverse Plates BPU2540A Wacker SM2035FD1 Portable Compactor Vibratory Drum & Trench Rollers RS800A Weiler SM2042AD1 Weiler Asphalt Pavers P385A
Weiler SM2042BD1 Weiler Road Wideners W330
Weiler SM2042CD1 Weiler Static, Split-Drum Rollers C307 Weiler SM2042DD1 Weiler Combination Compactor C310
Weiler SM2042ED1 Weiler Tack Distributors Catalog/Price Sheet TT250 Weiler SM20450AD1 Weiler Stabilizer S200
Wirtgen SM2036AD1 Wirtgen Asphalt Milling/Planing/Reclaiming Machines 35 Xtreme Vac SM203535AD1 Xtreme Vac LCT6000 Belt-Driven Debris Collector FORM E - PUBLISHED OPTIONS Procurement No.: SM10-20 Offeror
Name:
Code or
Part No. Option Description Offered
Price
Notes:
(Important) 4) Options which replace standard equipment on a Form D Item should be priced net of any credit due for the replaced item.
5) Options which are upgrades/downgrades of a Form D Item should be priced at the differential amount between the cost of the Form D Item and the upgrade/downgrade option. 1) Use a single Form E for ALL Option/Accessory items and quote each on a single, separate line. DO NOT use multiple Form E's… Add or insert additional lines as necessary. 3) Completely describe each item. Include the manufacturer's code or part number. Each item listed MUST have a unique code or part number so that it can be identified in any subsequest contract.
Invitation No.: SM10-20FORM H - MARKETING
Offeror Name:
Bidder shall provide a written narrative explaining in some detail activities that will be undertaken to actively market H-GAC
Houston-Galveston Area Council
P.O. Box 22777 · 3555 Timmons · Houston, Texas 77227-2777 Cooperative Agreement -
SPECIAL PROVISIONS
Incorporated by attachment, as part of the whole agreement, H-GAC and the Contractor do, hereby agree to the Special Provisions as follows:
ARTICLE 1: BIDS/PROPOSALS INCORPORATED
In addition to the whole Agreement, the following documents listed in order of priority are incorporated into the Agreement by reference: Bid/Proposal Specifications and Contractor’s Response to the Bid/Proposal.
ARTICLE 2: END USER AGREEMENTS (“EUA”)
H-GAC acknowledges that the END USER may choose to enter into an End User Agreement (“EUA) with the Contractor through this Agreement, and that the term of the EUA may exceed the term of the current H-GAC Agreement. H-GAC’s acknowledgement is not an endorsement or approval of the End User Agreement’s terms and conditions. Contractor agrees not to offer, agree to or accept from the END USER, any terms or conditions that conflict with those in Contractor’s Agreement with H-GAC. Contractor affirms that termination of its Agreement with H-GAC for any reason shall not result in the termination of any underlying EUA, which shall in each instance, continue pursuant to the EUA’s stated terms and duration. Pursuant to the terms of this Agreement, termination of this Agreement will disallow the Contractor from entering into any new EUA with END USERS. Applicable H-GAC order processing charges will be due and payable to H-GAC on any EUAs, surviving termination of this Agreement between H-GAC and Contractor.
ARTICLE 3: MOST FAVORED CUSTOMER CLAUSE
Contractor shall provide its most favorable pricing and terms to H-GAC. If at any time during this Agreement, Contractor develops a regularly followed standard procedure of entering into agreements with other governmental customers within the State of Texas, and offers the same or substantially the same products/services offered to H-GAC on a basis that provides prices, warranties, benefits, and or terms more favorable than those provided to H-GAC, Contractor shall notify H-GAC within ten (10) business days thereafter, and this Agreement shall be deemed to be automatically retroactively amended, to the effective date of Contractor’s most favorable past agreement with another entity. Contractor shall provide the same prices, warranties, benefits, or terms to H-GAC and its END USER as provided in its most favorable past agreement.
H-GAC shall have the right and option at any time to decline to accept any such change, in which case the amendment shall be deemed null and void. If Contractor claims that a more favorable price, warranty, benefit, or term that was charged or offered to another entity during the term of this Agreement, does not constitute more favorable treatment, than Contractor shall, within ten (10) business days, notify H-GAC in writing, setting forth the detailed reasons Contractor believes the aforesaid offer is not in fact most favored treatment.
H-GAC, after due consideration of Contractor’s written explanation, may decline to accept such explanation and thereupon this Agreement between H-GAC and Contractor shall be automatically amended, effective retroactively, to the effective date of the most favored agreement, to provide the same prices, warranties, SAMPLE
benefits, or terms to H-GAC and the END USER.
EXCEPTION: This clause shall not be applicable to prices and price adjustments offered by a bidder, Proposer or contractor, which are not within bidder's/proposer’s control [example; a manufacturer's bid concession], or to any prices offered to the Federal Government and its agencies.
ARTICLE 4: PARTY LIABILITY
Contractor’s total liability under this Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, is limited to the price of the particular products/services sold hereunder.
Contractor agrees either to refund the purchase price or to repair or replace product(s) that are not as warranted.
Contractor accepts liability to repay, and shall repay upon demand to END USER, any amounts determined by H-GAC, its independent auditors, or any state or federal agency, to have been paid in violation of the terms of this Agreement.
ARTICLE 5: GOVERNING LAW & VENUE
Contractor and H-GAC agree that Contractor will make every reasonable effort to resolve disputes the END USER in accord with the law and venue rules of the state of purchase. Contractor shall immediately notify H- GAC of such disputes.
ARTICLE 6: SALES AND ORDER PROCESSING CHARGE
Contractor shall sell its products to END USERS based on the pricing and terms of this Agreement. H-GAC will invoice Contractor for the applicable order processing charge when H-GAC receives notification of an END USER order. Contractor shall remit to H-GAC the full amount of the applicable order processing charge, after delivery of any product or service and subsequent END USER acceptance. Payment of the Order Processing Charge shall be remitted from Contractor to H-GAC, within thirty (30) calendar days or ten (10) business days after receipt of an END USER’s payment, whichever comes first, notwithstanding Contractor’s receipt of invoice. For sales made by Contractor based on this Agreement, including sales to entities without Interlocal Agreements, Contractor shall pay the applicable order processing charges to H-GAC. Further, Contractor agrees to encourage entities who are not members of H-GAC’s Cooperative Purchasing Program to execute an H-GAC Interlocal Agreement. H-GAC reserves the right to take appropriate actions including, but not limited to, Agreement termination if Contractor fails to promptly remit the appropriate order processing charge to H-GAC. In no event shall H-GAC have any liability to Contractor for any goods or services an END USER procures from Contractor. At all times, Contractor shall remain liable to pay to H-GAC any order processing charges on any portion of the Agreement actually performed, and for which compensation was received by Contractor.
ARTICLE 7: LIQUIDATED DAMAGES
Contractor and H-GAC agree that Contractor shall cooperate with the END USER at the time an END USER purchase order is placed, to determine terms for any liquidated damages.
ARTICLE 8: INSURANCE
Unless otherwise stipulated in Section B of the Bid/Proposal Specifications, Contractor must have the following insurance and coverage minimums:
a. General liability insurance with a Single Occurrence limit of at least $1,000,000.00, and a General SAMPLE
Aggregate limit of at least two times the Single Occurrence limit.
Product liability insurance with a Single Occurrence limit of at least $1,000,000.00, and a General Aggregate limit of at least two times the Single Occurrence limit for all Products except Automotive Fire Apparatus. For Automotive Fire Apparatus, see Section B of the Bid/Proposal Specifications.
Property Damage or Destruction insurance is required for coverage of End User owned equipment while in Contractor's possession, custody or control. The minimum Single Occurrence limit is $500,000.00 and the General Aggregate limit must be at least two times the Single Occurrence limit. This insurance may be carried in several ways, e.g. under an Inland Marine policy, as art of Automobile coverage, or under a Garage Keepers policy. In any event, this coverage must be specifically and clearly listed on insurance certificate(s) submitted to H-GAC. b. Insurance coverage shall be in effect for the length of any contract made pursuant to the Bid/Proposal, and for any extensions thereof, plus the number of days/months required to deliver any outstanding order after the close of the contract period.
c. Original Insurance Certificates must be furnished to H-GAC on request, showing Contractor as the insured and showing coverage and limits for the insurances listed above. d. If any Product(s) or Service(s) will be provided by parties other than Contractor, all such parties are required to carry the minimum insurance coverages specified herein, and if requested by H-GAC, a separate insurance certificate must be submitted for each such party. e. H-GAC reserves the right to contact insurance underwriters to confirm policy and certificate issuance and document accuracy.
ARTICLE 9: PERFORMANCE AND PAYMENT BONDS FOR INDIVIDUAL ORDERS
H-GAC’s contractual requirements DO NOT include a Performance & Payment Bond (PPB); therefore, Contractor shall offer pricing that reflects this cost savings. Contractor shall remain prepared to offer a PPB to cover any order if so requested by the END USER. Contractor shall quote a price to END USER for provision of any requested PPB, and agrees to furnish the PPB within ten business (10) days of receipt of END USER's purchase order.
ARTICLE 10: CHANGE OF STATUS
Contractor shall immediately notify H-GAC, in writing, of ANY change in ownership, control, dealership/franchisee status, Motor Vehicle license status, or name. Contractor shall offer written guidance to advise H-GAC if this Agreement shall be affected in any way by such change. H-GAC shall have the right to determine whether or not such change is acceptable, and to determine what action shall be warranted, up to and including cancellation of Agreement.
ARTICLE 11: TEXAS MOTOR VEHICLE BOARD LICENSING
All that deal in motor vehicles shall maintain current licenses that are required by the Texas Motor Vehicle Commission Code. If at any time during this Agreement term, any required Contractor license is denied, revoked, or not renewed, Contractor shall be in default of this Agreement, unless the Texas Motor Vehicle SAMPLE
Board issues a stay or waiver. Contractor shall promptly provide copies of all current applicable Texas Motor Vehicle Board documentation to H-GAC upon request.
SAMPLE
H-GAC
Houston-Galveston Area Council
P.O. Box 22777 · 3555 Timmons · Houston, Texas 77227-2777 Cooperative Agreement -
GENERAL PROVISIONS
This Agreement is made and entered into, by and between the Houston-Galveston Area Council hereinafter referred to as H-GAC having its principal place of business at 3555 Timmons Lane, Suite 120, Houston, Texas 77027 and ___________________., hereinafter referred to as the Contractor, having its principal place of business at ______________________________________.
WITNESSETH:
WHEREAS, H-GAC hereby engages the Contractor to perform certain services in accordance with the specifications of the Agreement; and
WHEREAS, the Contractor has agreed to perform such services in accordance with the specifications of the Agreement;
NOW, THEREFORE, H-GAC and the Contractor do hereby agree as follows:
ARTICLE 1: LEGAL AUTHORITY
The Contractor warrants and assures H-GAC that it possesses adequate legal authority to enter into this Agreement. The Contractor's governing body, where applicable, has authorized the signatory official(s) to enter into this Agreement and bind the Contractor to the terms of this Agreement and any subsequent amendments hereto.
ARTICLE 2: APPLICABLE LAWS
The Contractor agrees to conduct all activities under this Agreement in accordance with all applicable rules, regulations, directives, standards, ordinances, and laws, in effect or promulgated during the term of this Agreement, including without limitation, workers’ compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the Contractor shall furnish H-GAC with satisfactory proof of its compliance therewith.
ARTICLE 3: INDEPENDENT CONTRACTOR
The execution of this Agreement and the rendering of services prescribed by this Agreement do not change the independent status of H-GAC or the Contractor. No provision of this Agreement or act of H- GAC in performance of the Agreement shall be construed as making the Contractor the agent, servant or employee of H-GAC, the State of Texas or the United States Government. Employees of the Contractor are subject to the exclusive control and supervision of the Contractor. The Contractor is solely responsible for employee related disputes and discrepancies, including employee payrolls and any claims arising therefrom.
ARTICLE 4: WHOLE AGREEMENT
The General Provisions, Special Provisions, and Attachments, as provided herein, constitute the complete Agreement (“Agreement”) between the parties hereto, and supersede any and all oral and written agreements between the parties relating to matters herein. Except as otherwise provided herein, this Agreement cannot be modified without written consent of the parties.
ARTICLE 5: SCOPE OF SERVICES
SAMPLE
The services to be performed by the Contractor are outlined in an Attachment to this Agreement.
ARTICLE 6: PERFORMANCE PERIOD
This Agreement shall be performed during the period which begins ________ and ends _______. All services under this Agreement must be rendered within this performance period, unless directly specified under a written change or extension provisioned under Article 15, which shall be fully executed by both parties to this Agreement.
ARTICLE 7: PAYMENT OR FUNDING
Payment provisions under this Agreement are outlined in the Special Provisions.
ARTICLE 8: REPORTING REQUIREMENTS
If the Contractor fails to submit to H-GAC in a timely and satisfactory manner any report required by this Agreement, or otherwise fails to satisfactorily render performances hereunder, H-GAC may terminate this agreement with notice as identified in Article 16 of these General Provisions. H-GAC has final determination of the adequacy of performance and reporting by Contractor. Termination of this agreement for failure to perform may affect Contractor’s ability to participate in future opportunities with H-GAC. The Contractor's failure to timely submit any report may also be considered cause for termination of this Agreement.
Any additional reporting requirements shall be set forth in the Special Provisions of this Agreement.
ARTICLE 9: INSURANCE
Contractor shall maintain insurance coverage for work performed or services rendered under this Agreement as outlined and defined in the attached Special Provisions.
ARTICLE 10: SUBCONTRACTS and ASSIGNMENTS
Except as may be set forth in the Special Provisions, the Contractor agrees not to subcontract, assign, transfer, convey, sublet or otherwise dispose of this Agreement or any right, title, obligation or interest it may have therein to any third party without prior written approval of H-GAC. The Contractor acknowledges that H-GAC is not liable to any subcontractor or assignee of the Contractor. The Contractor shall ensure that the performance rendered under all subcontracts shall result in compliance with all the terms and provisions of this Agreement as if the performance rendered was rendered by the Contractor. Contractor shall give all required notices, and comply with all laws and regulations applicable to furnishing and performance of the work. Except where otherwise expressly required by applicable law or regulation, H-GAC shall not be responsible for monitoring Contractor's compliance, or that of Contractor’s subcontractors, with any laws or regulations.
ARTICLE 11: AUDIT
Notwithstanding any other audit requirement, H-GAC reserves the right to conduct or cause to be conducted an independent audit of any transaction under this Agreement, such audit may be performed by the H-GAC local government audit staff, a certified public accountant firm, or other auditors designated by H-GAC and will be conducted in accordance with applicable professional standards and practices. The Contractor understands and agrees that the Contractor shall be liable to the H-GAC for any findings that result in monetary obligations to H-GAC.
ARTICLE 12: EXAMINATION OF RECORDS
The Contractor shall maintain during the course of the work complete and accurate records of all of the Contractor's costs and documentation of items which are chargeable to H-GAC under this Agreement.
H-GAC, through its staff or designated public accounting firm, the State of Texas, and United States Government, shall have the right at any reasonable time to inspect, copy and audit those records on or SAMPLE
off the premises by authorized representatives of its own or any public accounting firm selected by H- GAC. The right of access to records is not limited to the required retention period, but shall last as long as the records are retained. Failure to provide access to records may be cause for termination of the Agreement. The records to be thus maintained and retained by the Contractor shall include (without limitation): (1) personnel and payroll records, including social security numbers and labor classifications, accounting for total time distribution of the Contractor's employees working full or part time on the work, as well as cancelled payroll checks, signed receipts for payroll payments in cash, or other evidence of disbursement of payroll payments; (2) invoices for purchases, receiving and issuing documents, and all other unit inventory records for the Contractor's stocks or capital items; and (3) paid invoices and cancelled checks for materials purchased and for subcontractors' and any other third parties' charges.
The Contractor further agrees that the examination of records outlined in this article shall be included in all subcontractor or third-party agreements.
ARTICLE 13: RETENTION OF RECORDS
The Contractor and its subcontractors shall maintain all records pertinent to this Agreement, and all other financial, statistical, property, participant records, and supporting documentation for a period of no less than seven (7) years from the later of the date of acceptance of the final payment or until all audit findings have been resolved. If any litigation, claim, negotiation, audit or other action involving the records has been started before the expiration of the retention period, the records shall be retained until completion of the action and resolution of all issues which arise from it, or until the end of the seven (7) years, whichever is later, and until any outstanding litigation, audit, or claim has been fully resolved.
ARTICLE 14: CHANGES AND AMENDMENTS
A. Any alterations, additions, or deletions to the terms of this Agreement, which are required by changes in federal or state law or by regulations, are automatically incorporated without written amendment hereto, and shall become effective on the date designated by such law or by regulation.
B. To ensure the legal and effective performance of this Agreement, both parties agree that any amendment that affects the performance under this Agreement must be mutually agreed upon and that all such amendments must be in writing. After a period of no less than 30 days subsequent to written notice, unless sooner implementation is required by law, such amendments shall have the effect of qualifying the terms of this Agreement and shall be binding upon the parties as if written herein.
ARTICLE 15: TERMINATION PROCEDURES
The Contractor acknowledges that this Agreement may be terminated for Convenience or Default.
A. Convenience
H-GAC may terminate this Agreement at any time, in whole or in part, with or without cause, whenever H-GAC determines that for any reason such termination is in the best interest of H- GAC, by providing written notice by certified mail to the Contractor. Upon receipt of notice of termination, all services hereunder of the Contractor and its employees and subcontractors shall cease to the extent specified in the notice of termination.
The Contractor may cancel or terminate this Agreement upon submission of thirty (30) days written notice, presented to H-GAC via certified mail. The Contractor may not give notice of cancellation after it has received notice of default from H-GAC.
B. Default
SAMPLE
H-GAC may, by written notice of default to the Contractor, terminate the whole or any part of the Agreement, in any one of the following circumstances:
(1) lf the Contractor fails to perform the services herein specified within the time specified herein or any extension thereof; or
(2) If the Contractor fails to perform any of the other provisions of this Agreement for any reason whatsoever, or so fails to make progress or otherwise violates the Agreements that completion of services herein specified within the Agreement term is significantly endangered, and in either of these two instances does not cure such failure within a period often (10) days (or such longer period of time as may be authorized by H-GAC in writing) after receiving written notice by certified mail of default from H-GAC.
ARTICLE 16: SEVERABILITY
H-GAC and Contractor agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect.
ARTICLE 17: FORCE MAJEURE
To the extent that either party to this Agreement shall be wholly or partially prevented from the performance of any obligation or duty placed on such party by reason of or through strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, accident, order of any court, act of God, or specific cause reasonably beyond the party's control and not attributable to its neglect or nonfeasance, in such event, the time for the performance of such obligation or duty shall be suspended until such disability to perform is removed. Determination of force majeure shall rest solely with H-GAC.
ARTICLE 18: CONFLICT OF INTEREST
No officer, member or employee of the Contractor or subcontractor, no member of the governing body of the Contractor, and no other public officials of the Contractor who exercise any functions or responsibilities in the review or Contractor approval of this Agreement, shall participate in any decision relating to this Agreement which affects his or her personal interest, or shall have any personal or pecuniary interest, direct or indirect, in this Agreement.
ARTICLE 19: FEDERAL COMPLIANCE
Contractor agrees to comply with all federal statutes relating to nondiscrimination, labor standards, and environmental compliance. Additionally, for work to be performed under the Agreement or subcontract thereof, including procurement of materials or leases of equipment, Contractor shall notify each potential subcontractor or supplier of the Contractor's federal compliance obligations. These may include, but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) the Fair Labor Standards Act of 1938 (29 USC 676 et. seq.), (d) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps and the Americans with Disabilities Act of 1990; (e) the Age Discrimination in Employment Act of 1967 (29 USC 621 et. seq.) and the Age Discrimination Act of 1974, as amended (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (f) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (g) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (h) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (i) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (j) any other nondiscrimination provisions in any specific statute(s) SAMPLE
applicable to any Federal funding for this Agreement; (k) the requirements of any other nondiscrimination statute(s) which may apply to this Agreement; (l) applicable provisions of the Clean Air Act (42 U.S.C. §7401 et seq.), the Federal Water Pollution Control Act, as amended (33 U.S.C. §1251 et seq.), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and the Environmental Protection Agency regulations at 40 CPR Part 15; (m) applicable provisions of the Davis Bacon Act (40 U.S.C. 276a - 276a-7), the Copeland Act (40 U.S.C. 276c), and the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-332), as set forth in Department of Labor Regulations at 20 CPR 5.5a; (n) the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-163).
ARTICLE 20: CRIMINAL PROVISIONS AND SANCTIONS
The Contractor agrees to perform the Agreement in conformance with safeguards against fraud and abuse as set forth by the H-GAC, the State of Texas, and the acts and regulations of any related state or federal agency. The Contractor agrees to promptly notify H-GAC of any actual or suspected fraud, abuse, or other criminal activity through the filing of a written report within twenty-four (24) hours of knowledge thereof. Contractor shall notify H-GAC of any accident or incident requiring medical attention arising from its activities under this Agreement within twenty-four (24) hours of such occurrence. Theft or willful damage to property on loan to the Contractor from H-GAC, if any, shall be reported to local law enforcement agencies and H-GAC within two (2) hours of discovery of any such act.
The Contractor further agrees to cooperate fully with H-GAC, local law enforcement agencies, the State of Texas, the Federal Bureau of Investigation and any other duly authorized investigative unit, in carrying out a full investigation of all such incidents.
The Contractor shall notify H-GAC of the threat of lawsuit or of any actual suit filed against the Contractor pertaining to this Agreement or which would adversely affect the Contractor’s ability to perform services under this Agreement.
ARTICLE 21: INDEMNIFICATION AND RECOVERY
H-GAC’s liability under this Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, is limited to its order processing charge. In no event will H-GAC be liable for any loss of use, loss of time, inconvenience, commercial loss, lost profits or savings or other incidental, special or consequential damages to the full extent such use may be disclaimed by law.
Contractor agrees, to the extent permitted by law, to defend and hold harmless H-GAC, its board members, officers, agents, officials, employees and indemnities from any and all claims, costs, expenses (including reasonable attorney fees), actions, causes of action, judgements, and liens arising as a result of Contractor’s negligent act or omission under this Agreement. Contractor shall notifiy H-GAC of the threat of lawsuit or of any actual suit filed against Contractor relating to this Agreement.
ARTICLE 22: LIMITATION OF CONTRACTOR’S LIABILITY
Except as specified in any separate writing between the Contractor and an END USER, Contractor’s total liability under this Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, but excluding its obligation to indemnify H-GAC, is limited to the price of the particular products/services sold hereunder, and Contractor agrees either to refund the purchase price or to repair or replace product(s) that are not as warranted. In no event will Contractor be liable for any loss of use, loss of time, inconvenience, commercial loss, loss of profits or savings or other incidental, special or consequential damages to the full extent such use may be disclaimed by law.
Contractor understands and agrees that it shall be liable to repay and shall repay upon demand to SAMPLE
END USER any amounts determined by H-GAC, its independent auditors, or any agency of State or Federal government to have been paid in violation of the terms of this Agreement.
ARTICLE 23: TITLES NOT RESTRICTIVE
The titles assigned to the various Articles of this Agreement are for convenience only. Titles shall not be considered restrictive of the subject matter of any Article, or part of this Agreement.
ARTICLE 24: JOINT WORK PRODUCT
This Agreement is the joint work product of H-GAC and the Contractor. This Agreement has been negotiated by H-GAC and the Contractor and their respective counsel and shall be fairly interpreted in accordance with its terms and, in the event of any ambiguities, no inferences shall be drawn against any party.
ARTICLE 25: DISPUTES
All disputes concerning questions of fact or of law arising under this Agreement, which are not addressed within the Whole Agreement as defined pursuant to Article 4 hereof, shall be decided by the Executive Director of H-GAC or his designee, who shall reduce his decision to writing and provide notice thereof to the Contractor. The decision of the Executive Director or his designee shall be final and conclusive unless, within thirty (30) days from the date of receipt of such notice, the Contractor requests a rehearing from the Executive Director of H-GAC. In connection with any rehearing under this Article, the Contractor shall be afforded an opportunity to be heard and offer evidence in support of its position. The decision of the Executive Director after any such rehearing shall be final and conclusive. The Contractor may, if it elects to do so, appeal the final and conclusive decision of the Executive Director to a court of competent jurisdiction. Pending final decision of a dispute hereunder, the Contractor shall proceed diligently with the performance of the Agreement and in accordance with H GAC's final decision.
ARTICLE 26: CHOICE OF LAW: VENUE
This Agreement shall be governed by the laws of the State of Texas. Venue and jurisdiction of any suit or cause of action arising under or in connection with the Agreement shall lie exclusively in Harris County, Texas. Disputes between END USER and Contractor are to be resolved in accordance with the law and venue rules of the state of purchase. Contractor shall immediately notify H-GAC of such disputes.
ARTICLE 27: ORDER OF PRIORITY
In the case of any conflict between or within this Agreement, the following order of priority shall be utilized: 1) General Provisions, 2) Special Provisions, 3) Scope of Work, and, 4) Other Attachments.
SAMPLE
SIGNATURES:
H-GAC and the Contractor have read, agreed, and executed the whole Agreement as of the date first written above, as accepted by:
_________________________
Signature $docusign:SignHere::Customer1
Name
Title
Date $docusign:DateSigned::Customer1
H-GAC
Signature $docusign:SignHere::InternalSigner
Name Chuck Wemple
Title Executive Director
Date $docusign:DateSigned::InternalSigner
SAMPLE
CONTRACTOR: CONTRACT #:
Purchase Order Address: Invoice Address:
Contact Name: Contact Name:
Address: Address:
City State Zip Code City State Zip Code Telephone No.: Telephone No.#
Fax No.# Fax No.#
Email Address: Email Address:
CONTRACT INFORMATION:
Printed Name of Signatory: Printed Name of Signatory:
Corporate Title: Corporate Title:
Tel. No.: Tel. No.:
Fax No.: Fax No.:
Email Address: Email Address:
SALES CONTACT INFORMATION
Contact Name: Title:
Address:
Street City State Zip
Telephone No.: Fax No.:
Mobile No.: (optional)
Email Address:
Section II
ATTENTION Houston-Galveston Area Council (H-GAC) Contractor:The following information is needed to communicate with your company concerning contract matters which may arise. To expedite the process, we ask that you provide the information requested below. During the term of this contract, notify H-GAC in writing of any changes to this information by emailing updates to: [email protected]
CONTRACTOR CONTACT INFORMATION
Section I
Indicate the person (s) authorized to sign contracts, requests for contract price increases, or other contract-related documents. A copy of your corporate resolution may be acceptable for Section II.
Section III
Person who End Users will contact for product information and pricing quotes Revised 11/30/2015Form provided by Texas Ethics Commission www.ethics.st ate.tx.us
FORM CIQ
OFFICE USE ONLYThis questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor .
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity Date Received
A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor?
Yes No
B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government of ficer or a family member of the of ficer AND the taxable income is not received from the local governmental entity?
Yes No
7 Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1).
Signature of vendor doing business with the governmental entity Date
Name of vendor who has a business relationship with local governmental entity.1 Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 2 3 Name of local government officer about whom the information is being disclosed.
Name of Officer
Describe each employment or other business relationship with the local government officer , or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer.
Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary.
4 6
5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director , or holds an ownership interest of one percent or more.
Revised 11/30/2015Form provided by Texas Ethics Commission www.ethics.st ate.tx.us
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form.
Local Government Code § 176.001(1-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on:
(A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public; or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency.
Local Government Code § 176.003(a)(2)(A) and (B):
(a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:
***
(2) the vendor:
(A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that
(i) a contract between the local governmental entity and vendor has been executed; or
(ii) the local governmental entity is considering entering into a contract with the vendor;
(B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes aware that:
(i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor.
Local Government Code § 176.006(a) and (a-1)
(a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and:
(1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or
(3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of:
(1) the date that the vendor:
(A) begins discussions or negotiations to enter into a contract with the local governmental entity; or
(B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or
(2) the date the vendor becomes aware:
(A) of an employment or other business relationship with a local government of ficer, or a family member of the officer, described by Subsection (a); (B) that the vendor has given one or more gifts described by Subsection (a); or (C) of a family relationship with a local government officer.
House Bill 89 Verification Form
Prohibition on Contracts with Companies Boycotting Israel The 85th Texas Legislature approved new legislation, eff ective Sept. 1, 2017, which amends Texas Local Government Code Section 1. Subtitle F, Title 10, Go vernment Code by adding Chapter 2270 which states that a governmental entity may not enter into a cont ract with a company for goods or services unless the contract contains a written verification from the company that it:
1) does not boycott Israel; and
2) will not boycott Israel during the term of the contract Pursuant to Section 2270.001, Texas Government Code:
1. “Boycott Israel” means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity do ing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes; and
2. “Company” means a for-profit sole proprietors hip, organization, associ ation, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit.
I, (authorized official) _______________________ __________, do hereby depose and verify the truthfulness and accuracy of the contents of the statements submitted on this certification under the provisions of Subtitle F, Title 10, Government Code Chapter 2270 and that the company named below:
1) does not boycott Israel currently; and
2) will not boycott Israel during the term of the contract; and 3) is not currently listed on the State of Texas Co mptroller’s Companies that Boycott Israel List located at https://comptroller.texas.gov/purchasing/publications/divestment.php
______________________________________________________________________________ Company Name
______________________________________________________________________________ Signature of Authorized Official
______________________________________________________________________________ Title of Authorized Official Date
HH Houston Chronicle |H oustonChronicle.com | Sunday, February 9, 2020 | B7 Legal Notices Toplace legal notices
email [email protected] or call 713.224.6868.
REQUEST FOR SUBCONTRACTOR/VENDOR PROPOSALS
University of Houston –R oy G. Cullen Building
University of Houston
Tellepsen is the CM@Risk for the University of Houston System –R oy G.
Cullen Building. The project is located at the University of Houston Main Campus. The Roy Cullen building was built in 1939. This package is the GMP #2, Equipment Early Release.
Tellepsen Builders, L.P., as Construction Manager-at-Risk for the University of Houston System, in accordance with Texas Government Code 2269, will receive proposals from all qualified subcontractors and vendor trades for the project described above.
Proposals are due on Monday, February 17, 2020, at 2:00 p.m. local time.
Please submit your proposal to [email protected] m,f ax to 281-931-4468 or mail/deliver it to Tellepsen Builders, L.P. at 777 Benmar, Suite 400, Houston, Texas 77060.
LATE PROPOSALS ARE NOT ACCEPTED.
AN on-Mandatory Pre-Proposal Conference is scheduled for Monday, February 10th, 2020, @1 :00 P.M. at UH Central Campus, General Services Building (GSB), 4211 Elgin St, Houston, TX 77002, Room, GSB 201.
All document review questions are due by 5:00 PM, Wednesday, February 12th, 2020.
Please direct any questions to Teresa Hardin at (281) 272-4956, or [email protected]
It is the policy of University of Houston and Tellepsen Builders, L.P., to seek the involvement of Historically Underutilized Businesses (HUB) in its construction projects. The University of Houston and Tellepsen Builders, L.P., recognize probable subcontracting opportunities for Historically Underutilized Businesses in the proposal package. HUB subcontracting plan (HSP) and certification forms, as required by the package documents, shall accompany each proposal that is submitted.P roposals submitted without al lr equired information, and in the order and manner specified, may result in the proposal being considered non-responsive.
The University of Houston System, the owner, reserves the right to waive any informality and/or to reject any or all proposals.
Drawings and specifications are available via invitation through SmartBidNet and can be viewed in the Tellepsen Builders office located at 777 Benmar, Suite 400 Houston, Texas 77060.
Contact Mercedes Lopez at 281-272-4939, or [email protected] for bid invite for this project.
LEGAL NOTICE
Pogue Construction, as Construction Manager at Risk, will receive bids for construction subcontracts for the Goose Creek CISD Junior School #6 Civil Package until February 25, 2020 at 2:00 PM. All bids received after this time will not be accepted .B ids shall be on al ump sum basis and include with them the appropriate bid packages and proposal forms. All bid packages, electronic drawings and specifications are available via login at ISQFT or for free by visiting our website at www.pogueconstruction.com.
The Goose Creek CISD Junior School #6 Civil Package will consist of construction of retention ponds, building pad, stabilized roads and parking areas, fill areas for competition football field, track, tennis courts and practice areas, Site utilities including storm sewer, sanitary sewer and force main, and water lines. Construction will include but not be limited to the following scopes of work; Earthwork, Utilities and SWPPP.
There will be aP re-Bid Conference at 8:00 AM February 14, 2020 at the project site located at 5737 East Wallisville Road, Baytown, Texas 77521.
Attendance of the Pre-Bid Conference may be ad etermining factor in evaluating bids, so we encourage participation.
Pogue Construction reserves the right to reject any or all proposals, to waive technicalities, to advertise for new proposals, or proceed to do the work by other means, when in the best interests of Goose Creek CISD and Pogue Construction.
No bidder may withdraw its Proposal within sixty (60) calendar days after the actual date of the opening thereof.
Bids will be received either by mail or hand delivery at 1790 Hughes Landing Boulevard, Suite 400, The Woodlands, Texas 77380 or by email at [email protected] ,u ntil the date and time shown above. A completed bid package and bid proposal form is required with each bid and can be found in the Bid Packages folder.
If you have any questions or concerns, please contact the Pogue Construction office at 972-529-9401. The Senior Estimator on the project is Derek Steinmeyer.
ADVERTISEMENT FOR DESIGN-ASSIST SERVICES PROPOSALS
San Jacinto Community College District (SJCCD)
Central Campus Classroom Building
Tellepsen Builders, L.P., serving as CMAR for the San Jacinto College District, requests proposals for design-assist and building information modeling services accompanied by “not-to-exceed” budget numbers for the mechanical, electrical, plumbing, fire protection and elevator scopes of work ONLY for the SJC Central Campus Classroom Building.
Proposals are due to Tellepsen Builders, L.P. at or before 2:00 P.M. local time on Tuesday 25, February 2020. Complete bid forms and proposals are to be uploaded to the Smart Bid Net System. To receive your invitation to Smart Bid, please contact Paul Bain by email at [email protected] or phone at (281)272-4922. If you are unable to upload your proposal, please contact Paul Bain to discuss alternative delivery methods.
All proposals shall remain valid for 90 days. The owner, CM at Risk, and Architect reserve the right to reject any and all bids, to waive any informalities and irregularities in the proposal process and to make awards in the best interest of the San Jacinto Community College District.
Project Documents and Specifications are available at the following locations for respondents to review for preparation of their Proposals:
·T ellepsen’s Houston Office -777 Benmar, Suite 400, Houston, TX 77060 ·S martBidNet- By Invitation
.C ontact Paul Bain at (281-272-4922) or [email protected] for information.
REQUEST FOR COMPETITIVE SEALED PROPOSALS
2019 BLEYL AND CAMPBELL MS RENOVATIONS
CYPRESS-FAIRBANKS INDEPENDENT SCHOOL DISTRICT
Cypress-Fairbanks ISD Proposal No. 19-04-5442R-RFP
The Cypress-Fairbanks Independent School District will accept Base Competitive Sealed Proposals until 2:00 P.M. and Alternate Competitive Sealed Proposals until 3:00 P.M. on Thursday, March 12, 2020 at the Cypress- Fairbanks Independent School District Windfern Administrative Annex, 12510 Windfern Road, Houston, Texas 77064 for the 2019 Bleyl and Campbell MS Renovations project. AP re-Proposal Conference will be held on Wednesday, February 19, 2020 at 1:30 P.M. at the above location. Proposal Evaluation Criteria are published in the "Instructions to Offerors" section of the proposal documents. Plans and specifications will be released after Monday, February 17, 2020, and are available to general contractors from the following address upon deposit of $150.00 per set: PBK Architects, Inc., 11 Greenway Plaza, 22nd Floor, Houston, Texas 77046, 713-965-0608. The Owner reserves the right to waive any informalities and to reject any or all proposals.
Request for Proposals
RFP 20-01
Land Use -M aster Planning Services
The Harris County Housing Authority (“HCHA”) is soliciting proposals from Qualified Planning Consultants (Consultant(s)) to provide Land Use -M aster Planning Services for aM ixed-Income/Mixed-Use Development on a9 0+/- acre parcel of land located on Lake Houston, in Houston, Texas, owned by the Harris County Housing Authority. Proposals Due :F ebruary 28, 2020 at 2:00 PM. Proposal Submission –S ealed submissions shall be submitted to :
Harris County Housing Authority, 1933 Hussion Street, Building #3, Houston, TX 77003. Attn: Affordable Housing Department. RFP 20-01 will be posted on and can be downloaded from HCHA’s website www.hchatexas.or g.
LEGAL NOTICE
BakerRipley an on-profit human services organization, announces aR equest for Proposal (RFP) #20-02 for Office Furniture for BakerRipley’s pending and future office improvement projects.
The RFP will be posted on our website at
http://www.bakerripley.org/about/vendors on February 17, 2020 .
Interested Vendors can submit ap roposal for Office Furniture to [email protected].
The deadline for submitting ap roposal is Wednesday, March 18, 2020 by 10:00 a.m. (Central Time Zone).
BAKERRIPLEY ENCOURAGES SMALL AND HISTORICALLY UNDERUTILIZED BUSINESSES TO APPLY.
NOTICE TO BIDDERS
The Metropolitan Transit Authority of Harris County, Texas (METRO) is planning to issue the procurement documents listed in this advertisement.
RFP No. 4020000071: Financial Advisor Services. Solicitation will be available on or about 02/10/2020.
Prospective bidders/proposers can view and download these solicitations by visiting METRO’s website at https://www.ridemetroapp.org/procurement/ If you are unable to download the documents or are having difficulty, please contact METRO Plan and Bid Room at (713) 739-4881.
CITY OF HOUSTON
Invitation to Propose for Human Resources Consulting Services –S olicitation #S 33-T29301 to provide the City of Houston Human Resources consulting services.
The online Request for Proposal (RFP) can be found at www.proposaltech.com .P roposal Tech is a secure website, which you will electronically complete your proposal, pose questions, and submit requests for clarification or additional information. Questions may also be submitted via email to:
Conley Jackson at [email protected] for the Human Resources Consulting Services RFP (#S33-T29301).
Any addenda or other information regarding the RFP will be posted to the Proposal Tech website.
Proposers should check the website daily for information in the forms of formal addenda and Letters of Clarification to the RFP.
Ap re-proposal conference will be held on Wednesday, February 19, 2020 at 9:30 a.m. CST at 900 Bagby, 3rd Floor, Room 382, Houston, TX 77002.
Ten (10) printed copies of the Technical Proposal, plus one (1) printed original signed in BLUE ink, and ten (10) electronic copies of the Technical Proposal on 10 separate thumb drives sealed in as eparate sin- gle envelope bearing the assigned solicitation number is required. The entire proposal plus exhibits, shall be delivered to: City of Houston, Strategic Procurement Division, 611 Walker, Garden Level, Houston, TX 77002, Attn: Conley Jackson.
Deadlines and specific instructions are included on the first page of the RFP. Proposals are due Thursday, March 12, 2020 at 2:00 p.m. CST. Proposals will not be accepted after the due date and time.
All proposals will be required to comply with City Ordinances: No. 78-1538, passed August 9, 1978 referring to Equal Employment Opportunity Compliance, No. 94-1309 relating to participation goals for Minority and Women Owned Business Enterprises, No. 2007-534 Pay or Play, requiring contractors to offer their employees am inimum level of health benefits and No. 2011-766 relating to Hire Houston First, allowing the city to consider av endor’s principal place of business in awarding certain contracts.
The MWBE goal for the RFP will be 24% of the total value of the contract paid to the vendor. The City reserves the right to reject or accept any or all proposals, or any part thereof, deemed to be in the best interest of the City.
REQUEST FOR
COMPETITIVE
SEALED PROPOSALS
2019 M. ROBINSON, A. ROBISON, SWENKE,
TIPPS, &W ARNER ES RENOVATIONS,
HUCKABEE PROJECT NO. 1732-07-01; PROPOSAL
NO. 19-08-5445R-RFP CYPRESS-FAIRBANKS
INDEPENDENT SCHOOL DIS-TRICT
The Cypress-Fairbanks Independ-ent School District
will accept Com-petitive Sealed Proposals until 2:00
P.M. and Alternate Competitive Sealed Proposals
until 3:00 P.M. on Tuesday, March 17, 2020 at
the Cypress-Fairbanks Independent School District
Purchasing Office, Windfern Administrative Annex,
12510 Windfern Road, Houston, Texas 77064. A
Pre-Proposal Con-ference will be held Monday,
Feb-ruary 24, 2020 at 10:00 A.M. at the above
location. Proposal Evalua-tion Criteria are
published in the “In-structions to Proposers” section
of the proposal documents. Plans and specifications
will be released Mon-day, February 10, 2020,
and will be available from Huckabee at
www.huckabee-inc.com/construction/ upon
request. The Owner reserves the right to waive any
informalities and to reject any or all proposals.
“YES Prep Public Schools is seeking aR equest for
Proposal (RFP) YP2020-CN01 for Food Service
Management in Houston. Please send two sealed
hard copies of your proposal to Attention: YES Prep
Procurement-Child Nutrition, 5515 South Loop East,
Suite B, Houston, TX 77033 on or before 9:00 AM
CST on March 13, 2020. Late proposals will not be
evaluated. An optional Pre-Proposal Conference will
be held on February 28, 2020 at 8:15 AM CST. Lo-
cation: 5515 South Loop East, Suite B, Houston, TX
77033. The conference is for interested offerors to
review the specifications, to clarify any questions an
daw alkthrough of YES Prep facilities with school
officials. Questions should be emailed in advance
on or before February 26, 4p .m. to ChildNutrition@y
esprep.org so that answers can be prepared.All bid
documents will be available at https://www.yesprep.
org/rfps. YES Prep reserves the right to reject any
or all proposals or waive any or all irregularities.”
Aldine ISD Construction Dept. is accepting Competi-
tive Sealed Proposals for the PCKRP18-17 Stage
Lighting Upgrade at Eisenhower and Nimitz High
Schools. This project consists of upgrade stage light-
ing at Eisenhower and Nimitz High Schools. Propos-
als will be accepted until 2/20/2020 at 2pm., 2520
WWT horne Blvd. Houston, TX 77073.
Specifications may be obtained at www.aldineisd.org
/community/vendors bids. Contact Scott Harmon,
281-985-6375 or [email protected].
Pre-proposal conference will be held at the Resource
and Staff Development Ctr., 9999 Veterans Memori-
al, Houston, TX 77038 on 2/5/2020 at 10 am.
2019 HAIRGROVE &H ORNE ES AND SALYARDS
MS RENOVATIONS
CFISD Project No. 19-02-5432R-RFP
CYPRESS-FAIRBANKS INDEPENDENT SCHOOL
DISTRICT
The Cypress-Fairbanks Independent School District
will accept Competitive Sealed Proposals from quali-
fied contractors until 2:00 PM on Thursday, March
5, 2020 for Base Proposals, and 3:00 P.M. for Alter-
nates Proposals at the Cypress-Fairbanks Independ-
ent School District Windfern Administrative Annex
located at 12510 Windfern Road, Houston, Texas
77064. AP re-Proposal Conference will be held
Monday, February 17, 2020 at 10:00 A.M. at the
Cypress-Fairbanks Independent School District
Windfern Administrative Annex (address listed
above). Proposal Evaluation Criteria are published
in the “Instructions to Offerors” section of the pro-
posal documents.
Plans and specifications will be available on/after
February 04, 2020 and can be obtained from the
following address for ar efundable deposit of
$300.00 per set. Make checks payable to Texas-IBI
Group Inc.
Texas-IBI Group, Inc.
455 E. Medical Center Blvd., Suite 500
Webster, Texas 77598
(281) 286-6605
The Owner reserves the right to waive any informali-
ties and to reject any or all proposals.
Aldine ISD Construction Dept. is accepting Competi-
tive Sealed Proposal for the PCKRP18-18 Carmi-
chael, Dunn, and Stephens Elem. Schools. This proj-
ect consists of restroom repairs, LED lighting up-
grades, painting, roof repairs and mechanical re-
pairs. Proposals will be accepted until 2/20/2020
at 2pm, 2520 WWT horne Blvd. Houston, TX 77073.
Specifications may be obtained at www.aldineisd.org
/community/vendor bids. Contact Scott Harmon,
281-985-6375 or [email protected].
Pre-Proposal conference will be held at the Resource
and Staff Development Ctr., 9999 Veterans Memori-
al, Houston, TX 77038 on 2/5/2020 at 11am
Request for Proposal addressed to Spring Branch
Independent School District, will be received in the
SBISD Purchasing Office at 1031 Witte RD, BLDG
T-1A, Houston, TX 77055-6016 until:
FEBRUARY 25, 2020 @1 1:00 AM FOR: RFP FOR
SPORTS PHOTOGRAPHY (14235)
For information contact the SBISD Purchasing
Department at (713) 251-1100
Proposers should register on Ion Wave website at:
https://springbranchisd.ionwave.net/Login. aspx
Sealed Bid Solicitation #WM09-20
Houston-Galveston Area Council
Cooperative Purchasing Program
Water, Gas, And Electric Meters
And Associated Equipment
Pre-Bid Conference: 2/12/20 @9 am
Response Deadline: 4/23/20 @1 pm
Public Opening: 4/23/20 @2 pm
3555 Timmons Lane, Houston, TX.
Per ADA, reasonable accommodation
provided with 24 hour prior notice.
832-681-2592 or www.hgacbuy.org for info.
Bid Notice- Food Service Satellite Construction
Project
Dayton ISD- Dayton, Tx
Dayton ISD is accepting bids for Food Service
construction work.
Work to be commenced after June 1st 2020.
Food Service Satellite work consists of general
construction, equipment procurement, millwork
installation and site repair work.
Download bid file from Link.
http://www.mediafire.com/folder/5euyw5v2nk2fc/
Dayton_ISD_Design_Plans
Sealed Bid Solicitation #SM10-20
Houston-Galveston Area Council
Cooperative Purchasing Program
Street Maintenance Equipment
Pre-Bid Conference: 2/24/20 @9 am
Response Deadline: 4/22/20 @1 pm
Public Opening: 4/22/20 @2 pm
3555 Timmons Lane, Houston, TX.
Per ADA, reasonable accommodation
provided with 24 hour prior notice.
832-681-2592 or www.hgacbuy.org for info.
REGARDING THE ES TATE OF ESTATE OF MELLA EDWARD WILLIAMS Case# 20STPB00284 LOS ANGELES, CA.
Ia ms earching for DESMOND CARTWRIGHT as an interested person in the above referenced estate, if you are the grandson of MELLA EDWARD WILLIAMS, please write or contact me at the following address or email me at [email protected]
There is aP etition for Probate that has been filed on the Estate of Mella Edward Williams set for 2/14/2020 in Dept 2d, at 111 N. Hill Street, Los Angeles Ca. 90012
PAUL R. HAMMONS, ESQ
LAW OFFICES OF PAUL R. HAMMONS
8616 LA TIJERA BLVD., SUITE 505
LOS ANGELES, CA 90045
(310) 348-4900; (310) 645-9886 (FAX)
CAUSE NUMBER:
201973358
IN THE 164TH JUDICIAL
DISTRICT COURT OF
HARRIS COUNTY,
TEXAS
CITATION BY
PUBLICATION
Plaintiff: WADSWORTH,
KENNETH
vs.
Defendant: JCURTIN
INVESTMENTS LLC
(D /B/A LITTLE JOHN’S
REFRIGERATION)
THE STATE OF TEXAS
County of Harris
To: GEFFERET, MIKE
2828 OLD SPANISH
ROAD #217
HOUSTON, TEXAS
77054
YOU ARE HEREBY COM-
MANDED to be and ap-
pear before the 164TH
Judicial District Court of
Harris County, Texas in
the Courthouse in the
city of Houston, Texas at
or before 10:00 o’clock
A.M. Monday, MARCH
23, 2020, being the Mon-
day next after the expira-
tion date of forty-two
days after this citation is
issued, and you are here-
by commanded and re-
quired then and there to
appear and file written
answer to the PLAINTIF-
F’S ORIGINAL PETITION
filed in said Court on the
October 7, 2019, in as uit
numbered 201973358 on
the docket of said court,
wherein WADSWORTH,
KENNETH the Plaintiff(s)
and JCURTIN INVEST-
MENTS LLC (D/B/A LIT-
TLE JOHN’S REFRIGERA-
TION), the Defendant(s),
the nature of plaintiff’s
demand and the said pe-
tition alleging:
OTHER INJURY OR
DAMAGE
Notice hereof shall be
given by publishing this
Citation once aw eek for
four consecutive weeks
previous to the MARCH
23, 2020, in some news-
paper published in the
County of HARRIS, if
there be an ewspaper
published therein, but if
not, then the nearest
county where an ewspa-
per is published, and this
Citation shall be returned
on March 18, 2020,
which is forty two days
after the date it is issued,
and the first publication
shall be at least twenty-
eight days before said re-
turn day.
HEREIN FAIL NOT,b ut
have before said court on
said return day this Writ
with your return thereon,
showing how you have
executed same.
WITNESS: Marilyn
Burgess, District Clerk,
Harris County Texas
GIVEN UNDER MY
HAND AND SEAL OF
SAID COURT at Houston,
Texas on February 5,
2020.
Newspaper:
(SEAL)
/s/Marilyn Burgess
MARILYN BURGESS,
District Clerk of
Harris County, Texas
201 Caroline, Houston
Texas 77002
P.O. Box 4651, Houston,
Texas 77210
By: /s/ Generated By:
RHONDA MOMON
Issued at the request of:
TYLKA, LAWRENCE M.
1104 EAST MAIN STREET
LEAGUE CITY, TX 77573
281-557-1500
BAR NUMBER:
20359800
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Texas Commission on environmenTal QualiTy
noTiCe oF reCeiPToF aPPliCaTionanD
inTenT To oBTain WaTer QualiTy
PermiT reneWal
PermiT no. WQ0015432001
aPPliCaTion. Harris County Municipal Utility
District No. 525, c/o Smith, Murdaugh, Little &
Bonham, L.L.P., 2727 Allen Parkway, Suite 1100,
Houston, Texas 77019, has applied to the Texas
Commission on Environmental Quality (TCEQ)
to renew Texas Pollutant Discharge Elimination
System (TPDES) Permit No. WQ0015432001(EPA
I.D. No. TX0136816) to authorize the discharge of
treated wastewater at av olume not to exceed a
daily average flow of 390,000 gallons per day. The
domestic wastewater treatment facility is located
approximately 2.8 miles west northwest of the
intersection of Foley Road and Farm-to-Market
Road 2100, in Harris County, Texas 77532. The
dischargeroute is from the plant site to an unnamed
tributary;thence to Lake Houston. TCEQ received
this application on December 19, 2019. The permit
application is available for viewing and copying at
Harris County Public Library –C rosby Branch, 135
Hare Road,Crosby,Texas.This link to an electronic
map of the site or facility’sg eneral location is
provided as ap ublic courtesy and not parto ft he
applicationor notice.For the exact location,refer to
the application.
http s: //tc eq.m aps.a rcgis .com /ap ps/
webappvie wer/index.ht ml?id= db5b ac4
4afbc468bbddd360f8168250f&marker= -
95.124444%2C29.955555&level=12
aDDiTional noTiCe. TCEQ’sE xecutive
Director has determined the application is
administratively complete and will conduct a
technical review of the application. After technical
review of the applicationis complete,the Executive
Director may prepare ad raft permit and will issue
ap reliminary decision on the application.noticeo f
the application andP reliminary Decision will be
publishedandmailedtothose whoare on thecounty-
widem ailing list andt othose whoa re on them ailing
listf or this application.T hatnotice will contain the
deadlinefor submittingpublicc omments.
PuBliC CommenT/PuBliC meeTinG. you
may submitp ublicc ommentso rr equest a public
meeting on this application.The purpose of ap ublic
meeting is to provide the opportunity to submit
commentsor to ask questionsabout the application.
TCEQ will hold ap ublic meeting if the Executive
Director determines that there is as ignificant
degree of public interest in the application or if
requested by al ocal legislator. Ap ublic meeting is
not ac ontestedcase hearing.
oPPorTuniTy For aC onTesTeD Case
HearinG. After the deadline for submittingpublic
comments, the Executive Director will consider
all timely comments and prepare ar esponse to
all relevant and material, or significant public
comments. unless thea pplication is directly
referredfor a contestedcase hearing, ther esponse
to comments,andt hee xecutiveDirector’sdecision
on thea pplication,w ill bem ailedt oe veryone who
submittedp ublicc ommentsa ndt othose persons
whoa re on them ailing listf or this application.i f
commentsare received,themailingwill alsoprovide
instructions for requesting reconsideration oft he
executive Director’s decision andf or requesting a
contestedc ase hearing. Ac ontested case hearing
is al egal proceeding similar to ac ivil trial in state districtcourt.
To reQuesT aC onTesTeDCase HearinG,
you musT inCluDe THe FolloWinG
iTems in your reQuesT:your name, address,
phone number; applicant’sn ame andp roposed
permit number;t hel ocation andd istanceo fyour
property/activitiesrelative to the proposedf acility;
as pecificd escriptionofh owyou wouldbea dversely
affectedb ythe facilityi na way notc ommon to the
general public; al ist of all disputed issues off act
that you submitd uringt hec ommentp eriod and,
thes tatement“ [i/we] request a contestedc ase
hearing.” if ther equestf or contestedc ase hearing
is filed on behalf of a group or association,t he
request mustd esignate the group’sr epresentative
for receivingf uture correspondence; identify by
name andp hysical address an individual member
oft heg roupw how ouldb ea dversely affected
by the proposedf acilityo ra ctivity;p rovide the
informationdiscussedabove regardingthea ffected
member’sl ocation andd istance from the facilityo r
activity; explain how andw hythem ember would
bea ffected;and explain howt hei nterests the group
seeks to protectare relevantto the group’s purpose.
Following the close of all applicable comment
and request periods, the Executive Director will
forward the application and any requests for
reconsiderationor for ac ontested case hearing to
the TCEQ Commissionersfor their considerationat
as cheduledCommissionmeeting.
The Commission may only grant ar equest for a
contested case hearing on issues the requestor
submitted in their timely comments that were not
subsequentlywithdrawn.if a hearingis granted,the
subjectof a hearingwill bel imitedtod isputedissues
off act or mixedq uestions off act and law relating
tor elevant and material water quality concerns
submittedd uringt hec ommentp eriod. TCeQ may
act on an applicationtor enewa permitfor discharge
ofw astewaterwithoutp roviding an opportunityfor
a contestedcase hearingifc ertain criteriaare met.
mailinG lisT. If you submit public comments,
ar equest for ac ontested case hearing or a
reconsideration of the Executive Director’s
decision,you will be added to the mailing list for this specific application to receive future public notices
mailed by the Office of the Chief Clerk. In addition,
you may requestto be placed on: (1) the permanent
mailinglist for as pecificapplicantname and permit
number; and/or (2) the mailing list for as pecific
county. If you wish to be placed on the permanent
and/or the county mailing list, clearlyspecifywhich
list(s) and send your request to TCEQ Office of the
Chief Clerk at the addressbelow.
inFormaTion availaBle online. For
details about the status of the application, visit the
Commissioners’IntegratedDatabaseat www.tceq.
texas.gov/goto/cid.S earch the database using
the permit number for this application, which is
providedat the top of this notice.
aGenCy ConTaCTs anD inFormaTion.
Public comments and requests must be submitted
either electronically at https://www14.tceq.texas.
gov/epic/eComment/, or in writing to the Texas
Commission on Environmental Quality, Office of
the Chief Clerk, MC-105, P.O. Box 13087, Austin,
Texas 78711-3087.Pleasebe aware that any contact
information you provide, including your name,
phonenumber,emailaddress,and physicaladdress
will become parto ft he agency’spublic record. For
more information about this permit application or
the permittingprocess,please call the TCEQ Public
Education Program, Toll Free, at 1-800-687-4040
or visit their website at www.tceq.texas.gov/goto/
pep. Si desea informacionen Espanol,puede llamar
al 1-800-687-4040.
Further information may also be obtained from
Harris County Municipal Utility District No. 525 at
the address stated above or by calling Ms. Brook
Pope,SeniorProjectEngineer,EHRAEngineering,
at 713-784-4500.
IssuanceDate: January16, 2020
HH Houston Chronicle |H oustonChronicle.com | Sunday, February 2, 2020 | B7 Legal Notices Toplace legal notices
email [email protected] or call 713.224.6868.
ADVERTISEMENT FOR BIDS
CITY OF HOUSTON
The City Secretary for the City of Houston will receive bids at 900 Bagby, Room P101, Houston, Texas for the following project:
HASC BUILDING ROOF REPLACEMENT PROJECT
ITB No. HWC-EFDRF-2020-004
Bid Due Date/Time: Thursday, March 19, 2020 10:30 A.M. (local time) Project Location: Ellington Airport (EFD), Houston Aerospace Support Center (HASC), 13150 Space Center Blvd., Houston
Texas 77059
Senior Procurement Specialist: Warren Ching, 281-233-1878 [email protected]
Pre-bid Meeting: Thursday, February 6, 2020, 10:00 A.M. (local time); EFD HAS Building’s Conference Room, 11602
Aerospace Ave., Houston Texas 77034
The Bid Document and related materials are available at the Houston Airport System’s website
http://www.fly2houston.com/biz/opportunities/solicitations/ Contract Goal: 29 %( MBE –2 3%; WBE –6 %)
Bid Documents in electronic format may be examined at plan rooms listed on the City plan holders’ list or listed in Document 00210 –S upplementary Instructions to Bidders.
Dated: ____________________ _________________________
(Publish Sundays, January 26 Anna Russell
and February 2,2020) City Secretary
NOTICE TO BIDDERS
The Metropolitan Transit Authority of Harris County, Texas (METRO) is planning to issue the procurement documents listed in this advertisement.
IFB No. 4020000031: For Petroleum Storage Tank (PST) System Repairs.
Solicitation will be available on or about 01/27/2020.
IFB No. 4020000065: For Cleaning Dip Tank &A ssociated Equipment.
Solicitation will be available on or about 01/27/2020.
IFB No. 4020000066: For Sand Blasting Cabinet &A ssociated Equipment.
Solicitation will be available on or about 01/27/2020.
IFB No. 4020000068: For Purchase of aL ight Duty Flatbed Truck with Articulating Crane. Solicitation will be available on or about 01/27/2020.
RFQ No. 4020000033: For Corrosion Control Testing Services. Solicitation will be available on or about 01/27/2020.
Prospective bidders/proposers can view and download these solicitations by visiting METRO’s website at https://www.ridemetroapp.org/procurement/ If you are unable to download the documents or are having difficulty, please contact METRO Plan and Bid Room at (713) 739-4881.
Request for Proposals
RFP 20-01
Land Use -M aster Planning Services
The Harris County Housing Authority (“HCHA”) is soliciting proposals from Qualified Planning Consultants (Consultant(s)) to provide Land Use -M aster Planning Services for aM ixed-Income/Mixed-Use Development on a9 0+/- acre parcel of land located on Lake Houston, in Houston, Texas, owned by the Harris County Housing Authority. Proposals Due :F ebruary 28, 2020 at 2:00 PM. Proposal Submission –S ealed submissions shall be submitted to :
Harris County Housing Authority, 1933 Hussion Street, Building #3, Houston, TX 77003. Attn: Affordable Housing Department. RFP 20-01 will be posted on and can be downloaded from HCHA’s website www.hchatexas.or g.
Request for Competitive Sealed Proposals
Klein ISD Water &S anitary Sewer Connections to Admin Complex The Klein Independent School District will accept Competitive Sealed Proposals from qualified contractors for the Public Water and Sewer connections to Harris County MUD 24 to serve Klein I.S.D. Administrative Complex located at 7200 Spring Cypress Road, Klein, Texas 77379, on February 18th at 2:00 PM. A Pre-Proposal conference will be held at 10:00 AM on February 5th at the above location.
Plans and Specs are available at Brooks &S parks, Inc. 21020 Park Row Dr.
Katy, Texas 77449 for $2 00.00 per set &a ll local plan rooms. Offeror’s questions concerning this project shall be submitted by email to [email protected] .T he owner reserves the right to waive any in formalities and to reject all or any proposals.
“Proposals for RFP 19-009R Mobile Carts for Student Nutrition will be received by the Galena Park Independent School District until Tuesday, February 25, 2020 AT 11:00AM CDST. At that time proposals will be opened at the GPISD Admin Bldg located at 14705 Woodforest Blvd., Houston, TX 77015. Additional information may be obtained by contacting purchasing@galen aparkisd.com or our website: http://galenaparkisd.com. The Galena Park ISD reserves the right to reject any or all proposals.”
ADVERTISEMENT FOR SUBCONTRACTOR PROPOSALS
San Jacinto Community College District (SJCCD)
Central Campus Classroom Building
Tellepsen Builders, L.P., serving as CMAR for the San Jacinto College District, requests proposals for the demolition and abatement scopes of work ONLY for the SJC Central Campus Classroom Building.
Proposals are due to Tellepsen Builders, L.P. at or before 2:00 P.M. local time on Thursday 13, February 2020. Complete bid forms and proposals are to be uploaded to the Smart Bid Net System. To receive your invitation to Smart Bid, please contact Paul Bain by email at [email protected] or phone at (281)272-4922. If you are unable to upload your proposal, please contact Paul Bain to discuss alternative delivery methods.
All proposals shall remain valid for 90 days. The owner, CM at Risk, and Architect reserve the right to reject any and all bids, to waive any informalities and irregularities in the proposal process and to make awards in the best interest of the San Jacinto Community College District.
Project Documents and Specifications are available at the following locations for respondents to review for preparation of their Proposals:
·T ellepsen’s Houston Office -777 Benmar, Suite 400, Houston, TX 77060 ·S martBidNet- By Invitation
.C ontact Paul Bain at (281-272-4922) or [email protected] for information.
NOTICE TO PROPOSERS: Request for sub-contractor proposals for LSC-Montgomery Student Services Building
“Durotech, Inc., as Construction Manager at Risk, on behalf of Lone Star College, will receive sub-contractor/vendor proposals for the LSC-Montgomery Student Services Building project, as designed by Harrison Kornberg Architects.
Proposals and qualification statements will be received by Durotech, Inc., from interested proposers, sub-proposers and suppliers until 2:00 PM on Wednesday, February 19, 2020 in the presence of the Owner and Architect at the offices of Durotech, Inc. at 11931 Wickchester Lane, #205, Houston, TX 77043-4501, Phone: 281-558-6892 and Fax: 281-496-5637. Construction Manager Contact: Sidhesh Kakodkar/Matthew Mounzer.
Drawings and Specifications will be available for review at the offices of Durotech, Inc., and at the plan rooms of ABC-Houston, AGC, Reed Construction Data, FW Dodge Plan Room, Tri-County Black Chamber of Commerce, Women’s Business Council –S outhwest, American Indian Chamber, Houston Minority Business Council, South Central Supplier Diversity Council, Women’s Business Enterprise Alliance, Texas Association of HUB’s and National Association of Minority Contractors. All proposals shall remain valid for sixty (60) days.
The Owner, Architect/Engineer and Construction Manager reserve the right to reject any and all proposals, to waive any informalities and irregularities in the proposal process, and to make the awards in the best interest of the owner.
By submitting ap roposal, each proposer agrees to waive any claim it has or may have against the Owner, the Architect/Engineer, Construction Manager and their respective employees arising out of or in connection with the administration, evaluation, or recommendation of any proposal; waiver of any requirements under the Proposal Documents, or the Contract Documents; acceptance or rejection of any proposals; and award
of aC ontract.”
REQUEST FOR SEALED PROPOSALS WILL BE RECEIVED BY PROCUREMENT
SERVICES, PORT OF HOUSTON AUTHORITY EXECUTIVE OFFICE BUILDING, ATTN: BID/PROPOSAL RECEIPT DEPARTMENT, 111 EAST LOOP NORTH, HOUSTON, TEXAS 77029 UNTIL 11:00 A.M., ON FEBRUARY 19, 2020 FOR THE FOLLOWING:
OPERATING, MAINTAINING, AND MONITORING OF JACINTOPORT
WASTEWATER PLANT (RFP-1404)
THERE IS NO PRELIMINARY MEETING SCHEDULED FOR THIS PROJECT.
SPECIFICATIONS MAY BE OBTAINED FROM PORT HOUSTON’S
ePROCUREMENT WEBSITE https://buyspeed.poha.com/bso/ .
THE PORT AUTHORITY RESERVES THE RIGHT TO REJECT ANY OR ALL PROPOSALS OR RESPONSES.
Request for Proposal addressed to Spring Branch
Independent School District, will be received in the
SBISD Purchasing Office at 1031 Witte RD, BLDG
T-1A, Houston, TX 77055-6016 until:
FEBRUARY 18, 2020 @2 :00 PM FOR: RFP FOR
SPECIAL EDUCATION NONPUBLIC SCHOOL
PLACEMENT SERVICES (14227)
PRE-PROPOSAL CONFERENCE ON
FEB 4, 2020 @2 :00 PM at the
SBISD Purchasing Department, 1031 Witte Rd.,
Bldg. T-1A, Houston, TX 77055.
For information contact the SBISD Purchasing
Department at (713) 251-1100
Proposers should register on Ion Wave website at:
https://springbranchisd.ionwave.net/Login. aspx
2019 HAIRGROVE &H ORNE ES AND SALYARDS
MS RENOVATIONS
CFISD Project No. 19-02-5432R-RFP
CYPRESS-FAIRBANKS INDEPENDENT SCHOOL
DISTRICT
The Cypress-Fairbanks Independent School District
will accept Competitive Sealed Proposals from quali-
fied contractors until 2:00 PM on Thursday, March
5, 2020 for Base Proposals, and 3:00 P.M. for Alter-
nates Proposals at the Cypress-Fairbanks Independ-
ent School District Windfern Administrative Annex
located at 12510 Windfern Road, Houston, Texas
77064. AP re-Proposal Conference will be held
Monday, February 17, 2020 at 10:00 A.M. at the
Cypress-Fairbanks Independent School District
Windfern Administrative Annex (address listed
above). Proposal Evaluation Criteria are published
in the “Instructions to Offerors” section of the pro-
posal documents.
Plans and specifications will be available on/after
February 04, 2020 and can be obtained from the
following address for ar efundable deposit of
$300.00 per set. Make checks payable to Texas-IBI
Group Inc.
Texas-IBI Group, Inc.
455 E. Medical Center Blvd., Suite 500
Webster, Texas 77598
(281) 286-6605
The Owner reserves the right to waive any informali-
ties and to reject any or all proposals.
Proposal Notice
2019 MILLSAP &W ILSON ES RENOVATIONS
CFISD Project No. 19-02-5433R-RFP
CYPRESS-FAIRBANKS INDEPENDENT SCHOOL
DISTRICT
The Cypress-Fairbanks Independent School District
will accept Competitive Sealed Proposals from
qualified contractors until 2:00 PM on Thursday,
February 27, 2020 for Base Proposals, and
3:00 P.M. for Alternates Proposals at the Cypress-
Fairbanks Independent School District Windfern
Administrative Annex located at 12510 Windfern
Road, Houston, Texas 77064. AP re-Proposal
Conference will be held Monday, February 10, 2020
at 10:00 A.M. at the Cypress-Fairbanks Independent
School District Windfern Administrative Annex
(address listed above). Proposal Evaluation
Criteria are published in the “Instructions to
Offerors” section of the proposal documents.
Plans and specifications will be available on/after
January 27, 2020 and can be obtained from the
following address for ar efundable deposit of
$300.00 per set. Make checks payable to Texas-IBI
Group Inc.
Texas-IBI Group, Inc.
455 E. Medical Center Blvd., Suite 500
Webster, Texas 77598
(281) 286-6605
The Owner reserves the right to waive any
informalities and to reject any or all proposals.
Sealed Bid Solicitation #WM09-20
Houston-Galveston Area Council
Cooperative Purchasing Program
Water, Gas, And Electric Meters
And Associated Equipment
Pre-Bid Conference: 2/12/20 @9 am
Response Deadline: 4/23/20 @1 pm
Public Opening: 4/23/20 @2 pm
3555 Timmons Lane, Houston, TX.
Per ADA, reasonable accommodation
provided with 24 hour prior notice.
832-681-2592 or www.hgacbuy.org for info.
Sealed Bid Solicitation #SM10-20
Houston-Galveston Area Council
Cooperative Purchasing Program
Street Maintenance Equipment
Pre-Bid Conference: 2/24/20 @9 am
Response Deadline: 4/22/20 @1 pm
Public Opening: 4/22/20 @2 pm
3555 Timmons Lane, Houston, TX.
Per ADA, reasonable accommodation
provided with 24 hour prior notice.
832-681-2592 or www.hgacbuy.org for info.
Request for Proposal addressed to Spring Branch
Independent School District, will be received in the
SBISD Purchasing Office at 1031 Witte RD, BLDG
T-1A, Houston, TX 77055-6016 until:
FEBRUARY 18, 2020 AT 11:00 A.M. FOR: RFP FOR
BEFORE DURING AFTER SCHOOL ENRICHMENT
PROGRAM SERVICES (14216)
For information contact the SBISD Purchasing
Department at (713) 251-1100
Proposers should register on Ion Wave website at:
https://springbranchisd.ionwave.net/Login. aspx
Houston Independent
School District is
transitioning to electronic
bidding. To register as a
prospective supplier and
use our bidding portal,
register at https://
houstonisd.ionwave.net/
Login.aspx All existing
and prospective suppliers
must register to receive
notifications regarding
current or upcoming bid
opportunities. If you have
any questions regarding
the registration process,
click on the following
tutorial link: https://
vimeo.com/376008122/0
408299df9
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Texas Commission on environmenTal QualiTy
noTiCe oF reCeiPT oF aPPliCaTion anD inTenT To oBTain
air PermiT reneWal
PERMIT NUMBER 43009
aPPliCaTion Foremark Performance Chemicals, Inc., has applied to the Texas Commission on Environmental Quality (TCEQ) for renewal of Air Quality Permit Number 43009, which would authorize continued operation of the Foremark Performance Chemicals facility located at 12511 Strang Road, La Porte, Harris County, Texas 77571. This link to an electronic map of the site or facility’sg eneral location is provided as ap ublic courtesy and not part of the application or notice. For exact location, refer to application. http://www.tceq.texas.gov/assets/public/hb610/index. html?lat=29.695&lng=-95.035833&zoom=13&type=r.T he existing facility is authorized to emit the following air contaminants: carbon monoxide, nitrogen oxides and organic compounds.
This application was submitted to the TCEQ on January 3, 2020. The application will be available for viewing and copying at the TCEQ central office, TCEQ Houston regional office, and the Harris County Public Library -L aP orte Branch, 600 South Broadway Street, La Porte, Harris County, Texas beginning the first day of publication of this notice. The facility’sc ompliance file, if any exists, is available for public review in the Houston regional office of the TCEQ.
The executive director has determined the application is administratively complete and will conduct at echnical review of the application.
Information in the application indicates that this permit renewal would not result in an increase in allowable emissions and would not result in the emission of an air contaminant not previously emitted. The TCeQ may act on this application without seekingf urther publicc omment or providing an opportunity for a contestedc ase hearing ifc ertain criteria are met.
PuBliC CommenT you may submitp ublicc omments, or ar equestf or a contestedc ase hearingt othe officeo ft heChiefC lerk att hea ddress below.
The TCEQ will consider all public comments in developing af inal decision on the application. The deadline tos ubmitp ublicc ommentsi s15 days after newspaper noticei sp ublished. After the deadline for public comments, the executive director will prepare ar esponse to all relevant and material, or significant public comments. Issues such as property values, noise, traffic safety, and zoning are outside of the TCEQ’sj urisdiction to address in the permit process.
After the technical review is complete the executive director will consider the comments and prepare ar esponse to all relevant and material, or significant public comments. If only comments are received, the response to comments, along with the executive director’sd ecision on the application, will then be mailed to everyone who submitted public comments or who is on the mailing list for this application, unless the application is directly referred to ac ontested case hearing.
oPPorTuniTy For aC onTesTeD Case HearinG You may
request ac ontested case hearing. The applicant or the executive director may also request that the application be directly referred to ac ontested case hearing after technical review of the application. Ac ontested case hearing is al egal proceeding similar to ac ivil trial in state district court.
Unless aw ritten request for ac ontested case hearing is filed within 15 days from this notice, the executive director may act on the application. if no hearing request is receivedw ithin this 15 day period, no further opportunity for hearingw ill be provided. According to the Texas Clean Air Act §3 82.056(o) ac ontested case hearing may only be granted if the applicant’sc ompliance history is in the lowest classification under applicable compliance history requirements and if the hearing request is based on disputed issues of fact that are relevant and material to the Commission’sd ecision on the application. Further, the Commission may only grant ah earing on those issues submitted during the public comment period and not withdrawn.
ap erson whom ay bea ffectedb ye missions of air contaminants from the facilityi se ntitledt or equest a hearing. if requesting a contestedc ase hearing, you must submitt hef ollowing: (1) your name (or for a group or association, an official representative), mailing address,d aytime phone number;( 2) applicant’sn ame andp ermit number;( 3) thes tatement“ [i/ we] request a contestedc ase hearing;” (4) as pecificd escription ofh ow you wouldb ea dversely affectedb ythea pplication and air emissions from the facilityi na way notc ommon to the general public; (5) thel ocation and distanceo fyour propertyr elative to the facility;( 6) a description ofh ow you use the property which may bei mpactedb ythe facility; and( 7) al ist of all disputed issues off act that you submitd uringt hec ommentp eriod. if ther equest is made byag roup or association, one or more members who have standingt or equest a hearing mustb ei dentifiedb yn ame and physical address.T hei nterests the group or association seeks to protect must also bei dentified. you may also submit your proposed adjustments to thea pplication/permitw hich would satisfyy our concerns.r equests for a contestedc ase hearing mustb es ubmitted in writingw ithin 15 days followingt his notice to the officeo ft heChiefC lerk att hea ddress below. if any requests for a contestedc ase hearing are timely filed, the executive Director will forwardt hea pplication and any requests for a contested case hearingt othe Commissioners for their consideration at as cheduled Commission meeting. unless thea pplication is directly referredt oa contestedc ase hearing, thee xecutive director will mail ther esponse to commentsa longw ith notification ofC ommission meetingt oe veryone whos ubmittedc ommentso ri so nthem ailing listf or this application.
The Commission may only grant ar equestf or a contestedc ase hearing on issues ther equestor submitted in their timely comments thatw ere not subsequently withdrawn.i fah earing is granted, thes ubject of a hearing will bel imitedt od isputed issues off act or mixedq uestions off act and law relatingt or elevant and material air quality concerns submittedd uring the commentp eriod. Issues such as property values, noise, traffic safety, and zoning are outside of the Commission’sj urisdiction to address in this proceeding.
mailinG lisT In addition to submitting public comments, you may ask to be placed on am ailing list for this application by sending ar equest to the Office of the Chief Clerk at the address below. Those on the mailing list will receive copies of future public notices (if any) mailed by the Office of the Chief Clerk for this application.
aGenCy ConTaCTs anD inFormaTion Public comments and
requests must be submitted either electronically at www14.tceq. texas.gov/epic/eComment/, or in writing to the Texas Commission on Environmental Quality, Office of the Chief Clerk, MC-105, P.O. Box 13087, Austin, Texas 78711-3087. Please be aware that any contact information you provide, including your name, phone number, email address and physical address will become part of the agency’sp ublic record. For more information about this permit application or the permitting process, please call the Public Education Program toll free at 1-800-687-4040. Si desea informacion en Espanol, puede llamar al 1-800-687-4040.
Further information may also be obtained from Foremark Performance Chemicals, Inc., 12511 Strang Road, La Porte, Texas 77571-8704 or by calling Mr. David Willis, HESSQ &S upply Chain Manager at (713) 705-9447.
Notice Issuance Date: January 15, 2020
Texas Commissionon environmenTalQualiTy
noTiCe oF reCeiPToF aPPliCaTionanD
inTenT To oBTain air PermiT reneWal
PermiT numBer 44652
aPPliCaTion City of Houston, has applied
to the Texas Commission on Environmental
Quality (TCEQ) for renewal of Air Quality Permit
Number 44652, which would authorize continued
operation of the Bush Intercontinental Airport-
Houston Central Utilities Plant located at 3200
Mecom Road, Houston, Harris County, Texas
77032. This link to an electronic map of the site
or facility's general location is provided as a
public courtesy and not parto ft he application
or notice. For exact location, refer to application
http:// www.t ceq.te xas.gov /assets/publ ic/
hb610/ index. html?la t= 29.98 1666&l ng= -
95.344722&zoom=13&type=r. The existing facility
and/or related facilities are authorized to emit
the following air contaminants: carbon monoxide,
nitrogen oxides, organic compounds, particulate
matter including particulate matter with diameters
of 10 microns or less and 2.5 microns or less and
sulfur dioxide.
This application was submitted to the TCEQ on
December 26, 2019. The applicationwill be available
for viewing and copying at the TCEQ central office,
TCEQ Houston regional office, and the Octavia
Fields Branch Library, 1503 South Houston Avenue,
Humble, Harris County, Texas beginning the
first day of publication of this notice. The facility's compliance file, if any exists, is available for public review in the Houstonregionaloffice of the TCEQ.
The executive director has determined the
application is administratively complete and will
conduct at echnical review of the application. In
addition to the renewal, this permitting action
includes the incorporationof permits by rule related
to this permit. The reasons for any changes or
incorporations,to the extent they are included in the
renewed permit, may include the enhancement of
operational control at the plant or enforceability of
the permit. The TCeQ may act on this application
withoutseekingfurther publiccomment or providing
an opportunityfor a contestedcase hearingifc ertain
criteriaare met.
PuBliC CommenT you may submitp ublic
comments,or ar equestf or a contestedcase hearing
to the officeo ft heChiefC lerk att hea ddress below.
The TCEQ will consider all public comments in
developing af inal decision on the application. The
deadline tos ubmitp ublicc ommentsi s15 days after
newspapernoticei sp ublished. After the deadline for
publiccomments,the executivedirectorwill prepare
ar esponse to all relevantand material,or significant
public comments. Issues such as property values,
noise, traffic safety, and zoning are outside of the
TCEQ'sjurisdictionto addressin the permitprocess.
After the technical review is complete the executive
director will consider the comments and prepare a
response to all relevant and material, or significant
public comments. If only comments are received,
the response to comments, along with the executive
director's decision on the application, will then be
mailed to everyonewho submittedpublic comments
or who is on the mailinglist for this application,unless the application is directly referred to ac ontested
case hearing.
oPPorTuniTy For aC onTesTeD Case
HearinG You may request ac ontested case
hearing.The applicantor the executivedirectormay
also request that the applicationbe directly referred
to ac ontested case hearing after technicalreview of
the application. Ac ontested case hearing is al egal
proceeding similar to ac ivil trial in state district
court. Unless aw ritten request for ac ontested case
hearing is filed within 15 days from this notice, the
executive director may act on the application. if no
hearing request is receivedwithin this 15 day period,
no further opportunity for hearingw ill be provided.
According to the Texas Clean Air Act §3 82.056(o)
ac ontested case hearing may only be granted if
the applicant's compliance history is in the lowest
classification under applicable compliance history
requirementsand if the hearing request is based on
disputedissues of fact that are relevantand material
to the Commission's decision on the application.
Further, the Commission may only grant ah earing
on those issuessubmittedduringthe publiccomment
period and not withdrawn.
ap erson whom ay bea ffectedb ye missions of
air contaminants from the facilityi se ntitledt o
request a hearing. if requesting a contestedc ase
hearing, you must submitt hef ollowing: (1) your
name (or for a group or association, an official
representative), mailing address,d aytime phone
number;( 2) applicant'sn ame andp ermit number;
(3) thes tatement“ [i/we] request a contestedc ase
hearing;”(4) as pecificd escriptionofh owyou would
bea dversely affectedb ythea pplication and air
emissions from the facilityi na way notc ommon to
the general public; (5) thel ocation andd istanceo f
your propertyrelativeto the facility;(6) a description
ofh owyou use the propertywhich may bei mpacted
by the facility; and( 7) al ist of all disputed issues of fact that you submitd uringt hec ommentp eriod. if
ther equest is made byag roup or association, one
or more members who have standingt or equest
a hearing mustb ei dentifiedb yn ame andp hysical
address.Thei nterests the group or associationseeks
to protect must also bei dentified. you may also
submityourproposedadjustmentsto theapplication/
permitw hich would satisfyy our concerns.requests
for a contestedc ase hearing mustb es ubmitted in
writingw ithin 15 days followingt his notice to the
officeoft heChiefC lerk att hea ddress below.
If any requests for ac ontested case hearing are
timely filed, the Executive Director will forward the
application and any requests for ac ontested case
hearingto the Commissionersfor their consideration
at as cheduled Commission meeting. Unless the
application is directly referred to ac ontested
case hearing, the executive director will mail the
response to comments along with notification of
Commission meeting to everyone who submitted
commentsor is on the mailinglist for this application.
The Commission may only grant ar equest for a
contested case hearing on issues the requestor
submitted in their timely comments that were not
subsequently withdrawn. if a hearing is granted,
thes ubject of a hearingw ill bel imitedt od isputed
issues off act or mixedq uestions off act and law
relatingtor elevant and materialair quality concerns
submittedduringthec ommentperiod.Issuessuch as
property values, noise, traffic safety, and zoning are
outsideof the Commission'sjurisdictionto addressin
this proceeding.
mailinG lisT In addition to submitting public
comments,you may ask to be placedon am ailinglist
for this applicationby sending ar equest to the Office
of the Chief Clerk at the address below. Those on the
mailinglist will receivecopies of future public notices (if any) mailed by the Office of the Chief Clerk for
this application.
aGenCy ConTaCTs anD inFormaTion
Public comments and requests must be submitted
either electronicallyat www14.tceq.texas.gov/epic/
eComment/, or in writing to the Texas Commission
on EnvironmentalQuality, Office of the Chief Clerk,
MC-105, P.O. Box 13087, Austin, Texas 78711-3087.
Please be aware that any contact information you
provide, includingyour name, phone number, email
addressand physicaladdresswill becomeparto ft he
agency'spublic record. For more informationabout
this permit application or the permitting process,
please call the Public Education Program toll free
at 1-800-687-4040.Si desea informacion en Espanol,
puede llamar al 1-800-687-4040.
Further information may also be obtained from
City of Houston, 111 Standifer Street, Humble,
Texas 77338-4105 or by calling Mr. James Parise,
EnvironmentalProjectManagerat (281) 233-1756.
Notice IssuanceDate: January14, 2020
HGACBuy - STREET MAINTENANCE EQUIPMENT
Background
The H-GAC Cooperative Purchasing Program (HGACBuy) establishes contracts for a variety of products and services through competitive solicitations. Member governments are able to use the contracts to make purchases. HGACBuy received and opened twenty -nine bids for Street Maintenance Equipment on April 22, 2020. The following companies submitted bids:
Anderson Machinery Company, Inc. San Antonio, TX
Asphalt Zipper, Inc. Pleasant Grove, UT
Associated Supply Co., Inc.DBA ASCO, ASCO Equipment, and/or ASCO Rentals * Lubbock, TX Bergkamp Inc. Salina, KS
Blastrac NA, Inc DBA: Cyclone Technology Oklahoma, OK
C & C Manufacturing, LLC Ottumwa, IA
Cemen Tech Holdings, Inc. Indianola, IA
Cimline Plymouth, MN
Closner Equipment Co., Inc.* Schertz, TX
Ecoverse Industries, Ltd. Avon, OH
Fayat Inc. DBA Dynapac North America LLC Fort Mill, SC
H.D Industries, Inc Jacksonville, TX
Kinloch Equipment & Supply, Inc. Pasadena, TX
Lake Erie Portable Screeners Inc. Lake City, PA
Mack Trucks, Inc. DBA Volvo Construction Equipment North America, LLC * Greensboro, NC M-B Co., Inc. DBA M-B Companies, Inc. New Holstein, WI
Mustang Machinery Company, LLC, dba Mustang Cat Houston, TX Old Dominion Brush Company, Inc DBA ODB, Co. Seguin, TX PB Loader Corporation DBA PB Loader Corp. Fresno, CA
RoadHog, Inc. Brownsburg, IN
Roadtec, Inc.* Chattanooga, TN
Sakai America, Inc. Adairsville, GA
SB Manufacturing, Inc.* Wichita, KS
Schwarze Industries Inc. Huntsville, AL
Shannon Chastain Enterprises, Inc.* Eatonton, GA
Spaulding Mfg. Inc Saginaw, MT
ST Engineering LeeBoy, Inc.* Lincointon, NC
ThorWorks Industries, Inc. Sandusky, OH
Vogel Traffic Services, Inc. DBA EZ-Liner Orange City, IA * Joint bid
Current Situation
This contract is a continuation of an existing contract in our portfolio that offers a variety of street maintenance equipment . All bids have been evaluated by H -GAC staff. Twenty-eight bids (consisting of forty-eight vendors) are being recommended for award. ST Engineering LeeBoy, Inc. were deemed nonresponsive due to required documents not being provided. Request authorization to negotiate contracts with each respondent listed in the Contract Award Recommendation Table, and as may be applicable, to extend contract assignments to other authorized entities during the contract period . If an awarded bidder fails to execute a contract within forty -five days, fails to maintain required licenses, or is determined to be ineligible, authorization is requested to contract with the next lowest responsible bidder.
Funding Source: Participating local government purchasers
Budgeted: NA
Action Requested
Request authorization of contracts with the lowest responsible bidders for Street Maintenance Equipment.
SM10-20:Awards Recommendation Table
Manufacturer HGAC Product
Codes
Bidder
A. Compactors
Basic SM2003A, SM20401A
Shannon Chastain
Enterprises, Inc.,
Closner Equipment
Co., Inc
Bomag
SM2005A-SM2005D,
SM20403A, SM2005H,
SM2005J
Anderson Machinery
Company , Inc.
Caterpillar SM2008A-SM2008D,
Mustang Machinery
Company, LLC dba:
Mustang Cat
Case Construction SM2007A-SM2007C
Associated Supply Co.,
Inc.dba ASCO, ASCO
Equipment, and/or
ASCO Rentals, Nueces
Farm Center, Inc.dba
Nueces Power
Equipment
C & C Manufacturing SM1343A C & C Manufacturing
LLC
Dynapac SM2016A-SM2016K Fayat Inc. dba Dynapac
North America LLC
Mauldin SM2024A-SM2024B
Closner Equipment
Co., Inc., Calder
Brothers Corporation
Sakai America SM20435A-
SM20435G
Sakai America, Inc.
Sealmaster SM20910A-SM20910F ThorWorks Industries,
Inc.
Volvo Construction SM2034A-SM2034B,
SM2034D
Mack Trucks, Inc.
DBA Volvo
Construction
Equipment North
America, LLC, Alta
Enterprises, LLC dba
Alta Construction
Equipment, LLC,
Ascendum Machinery,
Inc., Associated Supply
Co., Inc.DBA ASCO,
ASCO Equipment,
and/or ASCO Rentals,
Cowin Equipment Co,.
Inc., Golden Equipment
Company, Hoffman
International Inc, DBA
Hoffman Equipment
Co., McClung-Logan
Equipment Co.,
PacWest Machinery
LLC, Romco, Inc
DBA Romco
Equipment Co. LLC, or
Romco Exchange Co
LLC, Sierra
Machinery, Inc.,
Transource Truck &
Equipment, Inc., Tyler
Equipment Corporation
Wacker SM2035A-SM2035F Kinloch Equipment &
Supply, Inc.
Weiler SM2042C-SM2042D
Mustang Machinery
Company, LLC dba:
Mustang Cat
B. Pothole Patchers and Melter-Applicator/Crack Sealers Bergkamp SM2004A-SM2004B Bergkamp Inc.
Cimline SM2011E Cimline
Duraco SM2015A Cimline
HD Industries SM2045A H.D Industries, Inc
PB Loader Corporation SM2052A
PB Loader Corporation
dba PB Loader
Corporation
Schwarze SM2031A Schwarze Industries
Inc.
Spaulding SM20440A Spaulding Mfg Inc
C. Asphalt Distributors
Mauldin SM2024D
Closner Equipment
Co., Inc. Calder
Brothers Corporation
Weiler SM2042E
Mustang Machinery
Company, LLC dba:
Mustang Cat
D. Chip Spreaders/Shredders/Grinders
Ecoverse Industries SM2041A-SM2041B Ecoverse Industries, Ltd.
E. Road Brooms
M-B Companies SM2025B-SM2025D M-B Co., Inc.dba M-B
Companies, Inc.
Superior Broom SM2032A
SB Manufacturing,
Inc., Diesel Machinery
Inc, Central Texas
Heavy Euipment
Company DBA Central
Texas Equipment,
Closner Equipment
Company, Bragg
Investment Company
dba Coastline
Equipment Company,
Tractor & Equipment
& Comapnay,
Yellowhouse
Machinery Co., Sierra
Machinery, Inc., The
Pape Group Inc. DBA
Pape Machinery Inc.
F. Cold Milling/Planing/Reclaiming/Recycling Machines
Asphalt Zipper SM2001A Asphalt Ziopper, Inc.
Bomag SM2005I Anderson Machinery
Company , Inc.
Caterpillar SM2008E
Mustang Machinery
Company, LLC dba:
Mustang Cat
RoadHog, Inc. SM2037A RoadHog, Inc.
Roadtec SM2028A
Roadtec, Inc., Carlson
Paving Products, Inc.,
Closner Equipment
Co., Inc.
G. Paving Equipment
Bergkamp SM2004D Bergkamp Inc.
Bomag SM2005L Anderson Machinery
Company , Inc.
Carlson SM2044A
Roadtec, Inc., Carlson
Paving Products, Inc.,
Closner Equipment
Co., Inc.
Caterpillar SM2008F
Mustang Machinery
Company, LLC dba:
Mustang Cat
Cemen Tech SM2010A Cemen Tech Holdings,
Inc.
Cimline SM2011C Cimline
Gomaco SM2019A-SM2019B Closner Equipment
Co., Inc,
Holcombe CVI SM20420A Closner Equipment
Co., Inc.
Lincoln Paving SM2023A Closner Equipment
Co., Inc
Maulding SM2024E
Closner Equipment
Co., Inc., Calder
Brothers Corporation
Volvo Construction SM2034F
Mack Trucks, Inc.
DBA Volvo
Construction
Equipment North
America, LLC, Alta
Enterprises, LLC dba
Alta Construction
Equipment, LLC,
Ascendum Machinery,
Inc., Associated Supply
Co., Inc.DBA ASCO,
ASCO Equipment,
and/or ASCO Rentals,
Cowin Equipment Co,.
Inc., Golden Equipment
Company, Hoffman
International Inc, DBA
Hoffman Equipment
Co., McClung-Logan
Equipment Co.,
PacWest Machinery
LLC, Romco, Inc DBA
Romco Equipment Co.
LLC, or Romco
Exchange Co LLC,
Sierra Machinery, Inc.,
Transource Truck &
Equipment, Inc., Tyler
Equipment Corporation
Roadtec SM2028B
Roadtec, Inc., Carlson
Paving Products, Inc.,
Closner Equipment
Co., Inc.
Weiler SM2042A
Mustang Machinery
Company, LLC dba:
Mustang Cat
H. Miscellaneous
Bergkamp SM2004C Bergkamp Inc.
Blastrac NA SM402A Blastrac NA, Inc dba:
Cyclone Technology
Cemen Tech SM2011AD Cemen Tech Holdings,
Inc.
Cimline SM2011A-SM2011B, Cimline
Duraco SM2015B Cimline
Ecoverse Industries SM2041C-SM2041D,
SM2041G-SM2041O
Ecoverse Industries,
Ltd.
EZ-Liner SM2018A Vogel Traffic Services,
Inc. dba EZ-Liner
LAY-MOR SM1840B-SM1840C Anderson Machinery
Company , Inc.
Mauldin SM2024F
Closner Equipment
Co., Inc., Calder
Brothers Corporation
M-B Companies SM2025A, SM2025E-
SM2025F
M-B Co., Inc.dba M-B
Companies, Inc.
ODB SM3333A
Old Dominion Brush
Company, Inc dba
ODB, Co.
PB Loader Corporation SM2052B-SM2052C
PB Loader Corporation
dba PB Loader
Corporation
Pitbull SM2048A-SM2048E Lake Erie Portable
Screeners Inc.
Roadtec SM2028C-SM2028D
Roadtec, Inc., Carlson
Paving Products, Inc.,
Closner Equipment
Co., Inc.
Weiler SM2042B, SM20450A
Mustang Machinery
Company, LLC dba:
Mustang Cat
Xtreme Vac SM203535A
Old Dominion Brush
Company, Inc dba
ODB, Co.
Bid Tabulation Summary
Solicitation Type:
Invitation #: SM10-20
Description: Street Maintenance Equipment
Bid / Proposal Opening Date: 4/22/2020
Notes:
Offeror Manufacturer HGAC
Product Code Base Unit Description Discount
Asphalt Zipper, Inc. Asphalt Zipper SM2001A Asphalt Zipper Asphalt Milling/Planing/Reclaiming Machine Pricing Catalog/Price Sheet 3%
Shannon Chastain Enterprises, Inc. Basic SM2003A Basic Pneumatic Rollers Pricing Catalog/Price Sheet 2% Shannon Chastain Enterprises, Inc. Basic SM20401A Basic Split-Drum Rollers Catalog/Price Sheet 2% Bergkamp Inc. Bergkamp SM2004A Bergkamp Flameless Pothole Patcher Pricing Catalog/Price Sheet 10% Bergkamp Inc. Bergkamp SM2004B Bergkamp Spray Injection Truck Mounted Patcher Pricing Catalog/Price Sheet 10% Bergkamp Inc. Bergkamp SM2004C Bergkamp Truck Mounted Mastic Surface Treatment Applicator - MA Series Pricing Catalog/Price Sheet 10%
Bergkamp Inc. Bergkamp SM2004D Bergkamp Truck Mounted Paver M3 Series Pricing Catalog/Price Sheet 10% Blastrac NA, Inc. DBA Cyclone Technology Blastrac NA SM402A Cyclone High Pressure Surface Pricing Catalog/Price Sheet 2.50% Anderson Machinery Company, Inc. Bomag SM2005A Bomag Single Drum Vibratory Rollers Pricing Catalog/Price Sheet 20% Anderson Machinery Company, Inc. Bomag SM2005B Bomag Tandem Drum Vibratory Rollers Pricing Catalog/Price Sheet 20% Anderson Machinery Company, Inc. Bomag SM2005C Bomag Combination Rollers Pricing Catalog/Price Sheet 20% Anderson Machinery Company, Inc. Bomag SM2005D Bomag Pneumatic Rollers Pricing Catalog/Price Sheet 20% Anderson Machinery Company, Inc. Bomag SM20403A Bomag Light Equipment Pricing Catalog/Price Sheet 15% Anderson Machinery Company, Inc. Bomag SM2005H Bomag Milling/Planing Pricing Catalog/Price Sheet 20% Anderson Machinery Company, Inc. Bomag SM2005I Bomag Asphalt Recycling & Soil Stabilization Pricing Catalog/Price Sheet 20% Anderson Machinery Company, Inc. Bomag SM2005J Bomag Landfill Compactors Pricing Catalog/Price Sheet 20% Anderson Machinery Company, Inc. Bomag SM2005L Bomag Paving Pricing Catalog/Price Sheet 20% Anderson Machinery Company, Inc. Broce SM2006A Broce Street/Road Brooms Pricing Catalog/Price Sheet 15% Roadtec, Inc Carlson SM2044A Carlson Asphalt Paver-Screeds Pricing Catalog/Price Sheets 7% Associated Supply Co., Inc. DBA ASCO, ASCO Equipment,
and/or ASCO Rental Case Construction SM2007A Case Construction Single Smooth Drum Vibratory Rollers Pricing Catalog/Price Sheet 30%
Bid
Proposal
Associated Supply Co., Inc. DBA ASCO, ASCO Equipment,
and/or ASCO Rental Case Construction SM2007B Case Construction Tandem Drum Vibratory Rollers Pricing Catalog/Price Sheet 30%
Associated Supply Co., Inc. DBA ASCO, ASCO Equipment,
and/or ASCO Rental Case Construction SM2007C Case Pneumatic Roller Pricing Catalog/Price Sheet 30% Mustang Machinery Company, LLC DBA: Mustang CAT Caterpillar SM2008A Caterpillar Single Smooth Drum Vibratory Rollers Pricing Catalog/Price Sheet 15% Mustang Machinery Company, LLC DBA: Mustang CAT Caterpillar SM2008B Caterpillar Tandem Drum Vibratory Rollers Pricing Catalog/Price Sheet 15% Mustang Machinery Company, LLC DBA: Mustang CAT Caterpillar SM2008C Caterpillar Combination Rollers Catalog Pricing/Price Sheet 15% Mustang Machinery Company, LLC DBA: Mustang CAT Caterpillar SM2008D Caterpillar Pneumatic Rollers Catalog Pricing/Price Sheet 15% Mustang Machinery Company, LLC DBA: Mustang CAT Caterpillar SM2008E Caterpillar Asphalt Milling/Planing/Reclaiming Machines Catalog Pricing/Price Sheet 15%
Mustang Machinery Company, LLC DBA: Mustang CAT Caterpillar SM2008F Caterpillar Asphalt Paver-Screeds Catalog Pricing/Price Sheet 15% C&C Manufacturing LLC C&C SM1343A Al-jon Series Landfill Compactors Pricing Catalog/Price Sheet 12% Cemen Tech Holding, Inc. Cemen Tech SM2010A Cemen Tech Mobile Concrete Mixers Pricing Catalog/Price Sheet 2% Cemen Tech Holding, Inc. Cemen Tech SM2011AD Cemen Tech Silos 2% Cimline Cimline SM2011A Cimline Melter-Applicator/Crack Sealers Pricing Catalog/Price Sheet 10% Cimline Cimline SM2011B Cimline/Tack Kettle/Pricing Catalog/Price Sheet 10% Cimline Cimline SM2011C Cimline, Pavement Router Pricing Catalog/Price Sheet 10% Cimline Cimline SM2011E Cimline, Pothole Patcher, Melter Applicator Combo/ Price Sheet 10% Cimline Duraco SM2015A Duraco, DuraPatcher Pothole Patcher, Durapatchers Pricing Catalog/Price Sheet 10%
Cimline Duraco SM2015B Duraco Emulsion Storage Tanks Pricing Catalog/Price Sheet 10% Fayat Inc. DBA Dynapac North American LLC Dynapac SM2016A Dynapac Single Smooth Drum Vibratory Rollers Pricing Catalog/Price Sheet 22-27% Fayat Inc. DBA Dynapac North American LLC Dynapac SM2016B Dynapac Tandem Drum Vibratory Rollers Pricing Catalog/Price Sheet 22-27% Fayat Inc. DBA Dynapac North American LLC Dynapac SM2016C Dynapac Combination Rollers Pricing Catalog/Price Sheet 22-27% Fayat Inc. DBA Dynapac North American LLC Dynapac SM2016D Dynapac Static Roller Tri Drums Pricing Catalog/Price Sheet 22% Fayat Inc. DBA Dynapac North American LLC Dynapac SM2016E Dynapac Pneumatic Rollers Pricing Catalog/Price Sheet 22% Fayat Inc. DBA Dynapac North American LLC Dynapac SM2016F Dynapac Portable Compactor Rammer/Tappers Pricing Catalog/Price Sheet 27% Fayat Inc. DBA Dynapac North American LLC Dynapac SM2016G Dynapac Portable Compactor Forward Plates Pricing Catalog/Price Sheet 27% Fayat Inc. DBA Dynapac North American LLC Dynapac SM2016H Dynapac Portable Compactor Forward-Reverse Plates Pricing Catalog/Price Sheet 27%
Fayat Inc. DBA Dynapac North American LLC Dynapac SM2016I Dynapac Portable Compactor, Vibratory Drum & Trench Rollers Pricing Catalog/Price Sheet 27%
Fayat Inc. DBA Dynapac North American LLC Dynapac SM2016J Dynapac Paver-Screeds Catalog Pricing/Pricing Sheet 22-24% Fayat Inc. DBA Dynapac North American LLC Dynapac SM2016K Dynapac Mobile Asphalt Feeders Pricing Catalog/Price Sheet 22% Ecoverse Industries
Ecoverse
Industries SM2041A Doppstadt Slow Speed High Torque Shredders Pricing Catalog/Price Sheet 10% Ecoverse Industries
Ecoverse
Industries SM2041B Doppstadt High Speed Grinders Pricing Catalog/Price Sheet 10% Ecoverse Industries
Ecoverse
Industries SM2041C Doppstadt Trommel/Star Screens Pricing Catalog/Price Sheet 10% Ecoverse Industries
Ecoverse
Industries SM2041D Doppstadt Picking/Sorting Stations Pricing Catalog/Price Sheet 10% Ecoverse Industries
Ecoverse
Industries SM2041G Backers Star Screens Pricing Catalog/Price Sheet 10% Ecoverse Industries
Ecoverse
Industries SM2041H Backhus Compost Turners Pricing Catalog/Price Sheet 10% Ecoverse Industries
Ecoverse
Industries SM2041I Cesaro De-packaging Tiger Pricing Catalog/Price Sheet 10% Ecoverse Industries
Ecoverse
Industries SM2041I Doppstadt Stationary Equipment Pricing Catalog/Price Sheet 10% Ecoverse Industries
Ecoverse
Industries SM2041J Doppstadt Washinig Equipment Pricing Catalog/Price 10% Ecoverse Industries
Ecoverse
Industries SM2041K Doppstadt Splitter Equipment Pricing Catalog/Price 10% Ecoverse Industries Ecoverse
Industries SM2041L Doppstadt Airflex Equipment Pricing Catalog/Price 10% Ecoverse Industries
Ecoverse
Industries SM2041M EcoSift Pricing Catalog/Price 10%
Ecoverse Industries
Ecoverse
Industries SM2041N Ecoverse Conveyors Ecostack/JDC Pricing Catalog/Price 10% Ecoverse Industries
Ecoverse
Industries SM2041O TrommALL Trommels Pricing Catalog 10% Vogel Traffic Services Inc. EZ-Liner EZ-Liner SM2018A EZ-Liner Striping Machines Pricing Catalog/Price Sheet 3% Falcon SM2065A Asphalt Heater/Recycler Pricing Catalog/Price Sheet Closner Equipment CO., Inc. Gomaco SM2019A Gomaco Concrete Paver Pricing Catalog/Price Sheet 6% Closner Equipment CO., Inc. Gomaco SM2019B Gomaco Concrete Finishers Pricing Catalog/Price Sheet 5% H D Industries H D Industries SM2045A Pothole Patchers Pricing Catalog/Price Sheet 5% Closner Equipment CO., Inc. Holcombe CVI SM20420A Holcombe CVI Mobile Concrete Mixers Pricing Catalog /Pricing Sheet 3% Anderson Machinery Company, Inc. LAY-MOR SM1840B LAY-MOR Wheel Towable Street and Road Sweeper Pricing Catalog/Price Sheet 15%
Anderson Machinery Company, Inc. LAY-MOR SM1840C LAY-MOR Wheel Street & Road Broom Pricing Catalog/Price Sheet 15% Closner Equipment CO., Inc. Lincoln Paving SM2023A Lincoln Paving Windrow Asphalt Pickup Machines Catalog/Price Sheet 3% Closner Equipment CO., Inc. Mauldin SM2024A Mauldin Tandem Drum Vibratory Rollers Catalog/Price Sheet 3% Closner Equipment CO., Inc. Mauldin SM2024B Mauldin Static Roller Tandem Drums Catalog/Price Sheet Closner Equipment CO., Inc. Mauldin SM2024D Mauldin Asphalt Distributors Catalog/Price Sheet 3% Closner Equipment CO., Inc. Mauldin SM2024E Mauldin Paver-Screeds Catalog/Price Sheet 8% Closner Equipment CO., Inc. Mauldin SM2024F Mauldin Maintainers Catalog/Price Sheet 8% M-B Companies M-B Companies SM2025A M-B Companies Striping Machines Pricing Catalog/Price Sheet 2% M-B Companies M-B Companies SM2025B M-B Companies Wheeled Loader Attachment Brooms Pricing Catalog/Price Sheet 2%
M-B Companies M-B Companies SM2025C M-B Companies Tow-Behind Road Brooms Pricing Catalog/Price Sheet 2% M-B Companies M-B Companies SM2025D M-B Companies Walk-Behind Self-Propelled Brooms Pricing Catalog/Price Sheet 2%
M-B Companies M-B Companies SM2025E M-B Companies Vulcan Kettle Thermoplastic Melting Kettles Pricing Catalog/Price Sheet 2%
M-B Companies M-B Companies SM2025F M-B Companies Mercury Trailer System Thermoplastic Melting Systems Pricing Catalog/Price Sheet 2%
Old Dominion Brush Company, Inc. ODB SM3333A Leaf Vacuum Equipment Pricing Catalog/Price Sheet 4% PB Loader Corporation PB Loader
Corporation SM2052A Patcher Pricing Catalog/ Price Sheet 3% PB Loader Corporation PB Loader
Corporation SM2052B Sprayers Pricing/Catalog Price Sheet 3% PB Loader Corporation PB Loader
Corporation SM2052C Loader Pricing Catalog/Price Sheet 3% Lake Erie Portable Screeners Inc. Pitbull SM2048A Pitbull Screening Plants Pricing Catalog/Price Sheet 5% Lake Erie Portable Screeners Inc. Pitbull SM2048B Pitbull Conveyor Pricing Catalog/Price Sheet 5% Lake Erie Portable Screeners Inc. Pitbull SM2048D Pitbull Grizzly's Pricng Catalog/Price Sheet 5% Lake Erie Portable Screeners Inc. Pitbull SM2048E Pitbull Feeder Pricing Catalog/Price Sheet 5% RoadHog, Inc. RoadHog, Inc. SM2037A RoadHog, Inc. Attachments Asphalt Milling/Planing/Reclaiming Machines Catalog/Price Sheet 5%
Roadtec, Inc Roadtec SM2028A Roadtec Asphalt Milling/Planing/Reclaiming Machines Pricing Catalog/Price Sheet 10%
Roadtec, Inc Roadtec SM2028B Roadtec Asphalt Paver-Screeds Pricing Catalog/Price Sheet 10% Roadtec, Inc
Roadtec SM2028C Roadtec Material Transfer Vehicle Catalog/Price Sheet 10%
Roadtec, Inc Roadtec SM2028D Roadtec Street /Road Brooms Catalog/Price Sheet 10% Sakai America Sakai America SM20435A Sakai Single Drum Vibratory Rollers Pricing Catalog/ Price Sheet 18.50% Sakai America Sakai America SM20435B Sakai Tandem Drum Vibratory Roller, Pricing Catalog/ Price Sheet 18.50% Sakai America Sakai America SM20435C Sakai Combination Rollers Pricing Catalog/Price Sheet 18.50% Sakai America Sakai America SM20435D Sakai Vibratory Pneumatic Rollers Pricing Catalog/Price Sheet 18.50% Sakai America Sakai America SM20435E Sakai Static Rollers Tandem Drum three wheel Pricing Catalog/Price Sheet 18.50% Sakai America Sakai America SM20435F Sakai Light Equipment, Rammers, Tampers and Plates Pricng Catalog/ Price 18.50% Sakai America Sakai America SM20435G Sakai Light Equipment, Walk Behind and Trench Rollers Pricing 18.50% Schwarze Schwarze SM2031A Schwarze Pothole Patchers Pricing Catalog/Price Sheet 3% ThorWorks Industries, Inc. Sealmaster SM20910A Spray Applicator Catalog/Price Sheet 5% ThorWorks Industries, Inc. Sealmaster SM20910B Spray Trailer Catalog/Price Sheet 10% ThorWorks Industries, Inc. Sealmaster SM20910C Chip Spreader Catalog Price Sheet 5% ThorWorks Industries, Inc. Sealmaster SM20910D Heated Asphalt Storage Tank Catalog Price Sheet 5% ThorWorks Industries, Inc. Sealmaster SM20910E Heated Tack Distributor Catalog Price Sheet 10% ThorWorks Industries, Inc. Sealmaster SM20910F Gravity Crackfilling Melter Catalog Price Sheet 5% Spaulding MFG Inc Spaulding SM20440A Spaulding Price Catalog/Price Sheet 2% SB Manufacturing, Inc. Superior Broom SM2032A Superior Broom Street/Road Brooms Catalog/Price Sheet 24% Mack Trucks, Inc. DBA Volvo Construction Equipment North America, LLC
Volvo
Construction SM2034A Volvo Construction Single Smooth Drum Vibratory Rollers Catalog/Price Sheet 33.1% - 36.1%
Mack Trucks, Inc. DBA Volvo Construction Equipment North America, LLC
Volvo
Construction SM2034B Volvo Construction Tandem Drum Vibratory Rollers Catalog/Price Sheet 36.1% Mack Trucks, Inc. DBA Volvo Construction Equipment North Volvo SM2034D Volvo Construction Pneumatic Rollers Catalog/Price Sheet 32.4% Mack Trucks, Inc. DBA Volvo Construction Equipment North Volvo SM2034F Volvo Construction Pavers Catalog/Price Sheet 36.1% Kinloch Equipment & Supply, Inc. Wacker SM2035A Wacker Tandem Drum Vibratory Rollers Catalog/Price Sheet 15% Kinloch Equipment & Supply, Inc. Wacker SM2035B Wacker Portable Compactor Rammer/Tappers Catalog/Price Sheet 15% Kinloch Equipment & Supply, Inc. Wacker SM2035C Wacker Portable Compactor Electric Rammer/Tappers Catalog/Price Sheet 15% Kinloch Equipment & Supply, Inc. Wacker SM2035D Wacker Portable Compactor Forward Plates Catalog/Price Sheet 15% Kinloch Equipment & Supply, Inc. Wacker SM2035E Wacker Portable Compactor Forward-Reverse Plates Catalog/Price Sheet 15% Kinloch Equipment & Supply, Inc. Wacker SM2035F Wacker Portable Compactor Vibratory Drum & Trench Rollers Catalog/Price Sheet 15%
Mustang Machinery Company, LLC DBA: Mustang CAT Weiler SM2042A Weiler Asphalt Pavers Catalog/Price Sheet 10% Mustang Machinery Company, LLC DBA: Mustang CAT Weiler SM2042B Weiler Road Wideners Catalog/Price Sheet 10% Mustang Machinery Company, LLC DBA: Mustang CAT Weiler SM2042C Weiler Static, Split-Drum Rollers Catalog/Price Sheet 10% Mustang Machinery Company, LLC DBA: Mustang CAT Weiler SM2042D Weiler Combination Compactor Catalog/Price Sheet 10% Mustang Machinery Company, LLC DBA: Mustang CAT Weiler SM2042E Weiler Tack Distributors Catalog/Price Sheet 10% Mustang Machinery Company, LLC DBA: Mustang CAT Weiler SM20450A Weiler Stabilizer 10% Old Dominion Brush Company, Inc. Xtreme Vac SM203535A Xtreme Vac Leaf Vacuum Equipment Catalog/Price Sheet 4% H-GAC
Houston-Galveston Area Council
P.O. Box 22777 · 3555 Timmons · Houston, Texas 77227-2777 Cooperative Agreement - Asphalt Zipper, Inc. - Public Services - - 20-00858
GENERAL PROVISIONS
This Agreement is made and entered into, by and between the Houston-Galveston Area Council hereinafter referred to as H-GAC having its principal place of business at 3555 Timmons Lane, Suite 120, Houston, Texas 77027 and Asphalt Zipper, Inc., hereinafter referred to as the Contractor, having its principal place of business at 310 West 700 South, Pleasant Grove, UT 84062.
WITNESSETH:
WHEREAS, H-GAC hereby engages the Contractor to perform certain services in accordance with the specifications of the Agreement; and
WHEREAS, the Contractor has agreed to perform such services in accordance with the specifications of the Agreement;
NOW, THEREFORE, H-GAC and the Contractor do hereby agree as follows:
ARTICLE 1: LEGAL AUTHORITY
The Contractor warrants and assures H-GAC that it possesses adequate legal authority to enter into this Agreement. The Contractor's governing body, where applicable, has authorized the signatory official(s) to enter into this Agreement and bind the Contractor to the terms of this Agreement and any subsequent amendments hereto.
ARTICLE 2: APPLICABLE LAWS
The Contractor agrees to conduct all activities under this Agreement in accordance with all applicable rules, regulations, directives, standards, ordinances, and laws, in effect or promulgated during the term of this Agreement, including without limitation, workers’ compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the Contractor shall furnish H-GAC with satisfactory proof of its compliance therewith.
ARTICLE 3: INDEPENDENT CONTRACTOR
The execution of this Agreement and the rendering of services prescribed by this Agreement do not change the independent status of H-GAC or the Contractor. No provision of this Agreement or act of H- GAC in performance of the Agreement shall be construed as making the Contractor the agent, servant or employee of H-GAC, the State of Texas or the United States Government. Employees of the Contractor are subject to the exclusive control and supervision of the Contractor. The Contractor is solely responsible for employee related disputes and discrepancies, including employee payrolls and any claims arising therefrom.
ARTICLE 4: WHOLE AGREEMENT
The General Provisions, Special Provisions, and Attachments, as provided herein, constitute the complete Agreement (“Agreement”) between the parties hereto, and supersede any and all oral and written agreements between the parties relating to matters herein. Except as otherwise provided herein, this Agreement cannot be modified without written consent of the parties.
ARTICLE 5: SCOPE OF SERVICES
DocuSign Envelope ID: A18AC9FE-62FE-4F93-8AA8-508F68D323A5
The services to be performed by the Contractor are outlined in an Attachment to this Agreement.
ARTICLE 6: PERFORMANCE PERIOD
This Agreement shall be performed during the period which begins Oct 01 2020 and ends Sep 30 2022.
All services under this Agreement must be rendered within this performance period, unless directly specified under a written change or extension provisioned under Article 14, which shall be fully executed by both parties to this Agreement.
ARTICLE 7: PAYMENT OR FUNDING
Payment provisions under this Agreement are outlined in the Special Provisions.
ARTICLE 8: REPORTING REQUIREMENTS
If the Contractor fails to submit to H-GAC in a timely and satisfactory manner any report required by this Agreement, or otherwise fails to satisfactorily render performances hereunder, H-GAC may terminate this agreement with notice as identified in Article 15 of these General Provisions. H-GAC has final determination of the adequacy of performance and reporting by Contractor. Termination of this agreement for failure to perform may affect Contractor’s ability to participate in future opportunities with H-GAC. The Contractor's failure to timely submit any report may also be considered cause for termination of this Agreement.
Any additional reporting requirements shall be set forth in the Special Provisions of this Agreement.
ARTICLE 9: INSURANCE
Contractor shall maintain insurance coverage for work performed or services rendered under this Agreement as outlined and defined in the attached Special Provisions.
ARTICLE 10: SUBCONTRACTS and ASSIGNMENTS
Except as may be set forth in the Special Provisions, the Contractor agrees not to subcontract, assign, transfer, convey, sublet or otherwise dispose of this Agreement or any right, title, obligation or interest it may have therein to any third party without prior written approval of H-GAC. The Contractor acknowledges that H-GAC is not liable to any subcontractor or assignee of the Contractor. The Contractor shall ensure that the performance rendered under all subcontracts shall result in compliance with all the terms and provisions of this Agreement as if the performance rendered was rendered by the Contractor. Contractor shall give all required notices, and comply with all laws and regulations applicable to furnishing and performance of the work. Except where otherwise expressly required by applicable law or regulation, H-GAC shall not be responsible for monitoring Contractor's compliance, or that of Contractor’s subcontractors, with any laws or regulations.
ARTICLE 11: AUDIT
Notwithstanding any other audit requirement, H-GAC reserves the right to conduct or cause to be conducted an independent audit of any transaction under this Agreement, such audit may be performed by the H-GAC local government audit staff, a certified public accountant firm, or other auditors designated by H-GAC and will be conducted in accordance with applicable professional standards and practices. The Contractor understands and agrees that the Contractor shall be liable to the H-GAC for any findings that result in monetary obligations to H-GAC.
ARTICLE 12: EXAMINATION OF RECORDS
The Contractor shall maintain during the course of the work complete and accurate records of all of the Contractor's costs and documentation of items which are chargeable to H-GAC under this Agreement.
H-GAC, through its staff or designated public accounting firm, the State of Texas, and United States Government, shall have the right at any reasonable time to inspect, copy and audit those records on or DocuSign Envelope ID: A18AC9FE-62FE-4F93-8AA8-508F68D323A5
off the premises by authorized representatives of its own or any public accounting firm selected by H- GAC. The right of access to records is not limited to the required retention period, but shall last as long as the records are retained. Failure to provide access to records may be cause for termination of the Agreement. The records to be thus maintained and retained by the Contractor shall include (without limitation): (1) personnel and payroll records, including social security numbers and labor classifications, accounting for total time distribution of the Contractor's employees working full or part time on the work, as well as cancelled payroll checks, signed receipts for payroll payments in cash, or other evidence of disbursement of payroll payments; (2) invoices for purchases, receiving and issuing documents, and all other unit inventory records for the Contractor's stocks or capital items; and (3) paid invoices and cancelled checks for materials purchased and for subcontractors' and any other third parties' charges.
The Contractor further agrees that the examination of records outlined in this article shall be included in all subcontractor or third-party agreements.
ARTICLE 13: RETENTION OF RECORDS
The Contractor and its subcontractors shall maintain all records pertinent to this Agreement, and all other financial, statistical, property, participant records, and supporting documentation for a period of no less than seven (7) years from the later of the date of acceptance of the final payment or until all audit findings have been resolved. If any litigation, claim, negotiation, audit or other action involving the records has been started before the expiration of the retention period, the records shall be retained until completion of the action and resolution of all issues which arise from it, or until the end of the seven (7) years, whichever is later, and until any outstanding litigation, audit, or claim has been fully resolved.
ARTICLE 14: CHANGES AND AMENDMENTS
A. Any alterations, additions, or deletions to the terms of this Agreement, which are required by changes in federal or state law or by regulations, are automatically incorporated without written amendment hereto, and shall become effective on the date designated by such law or by regulation.
B. To ensure the legal and effective performance of this Agreement, both parties agree that any amendment that affects the performance under this Agreement must be mutually agreed upon and that all such amendments must be in writing. After a period of no less than 30 days subsequent to written notice, unless sooner implementation is required by law, such amendments shall have the effect of qualifying the terms of this Agreement and shall be binding upon the parties as if written herein.
ARTICLE 15: TERMINATION PROCEDURES
The Contractor acknowledges that this Agreement may be terminated for Convenience or Default.
A. Convenience
H-GAC may terminate this Agreement at any time, in whole or in part, with or without cause, whenever H-GAC determines that for any reason such termination is in the best interest of H- GAC, by providing written notice by certified mail to the Contractor. Upon receipt of notice of termination, all services hereunder of the Contractor and its employees and subcontractors shall cease to the extent specified in the notice of termination.
The Contractor may cancel or terminate this Agreement upon submission of thirty (30) days written notice, presented to H-GAC via certified mail. The Contractor may not give notice of cancellation after it has received notice of default from H-GAC.
B. Default
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H-GAC may, by written notice of default to the Contractor, terminate the whole or any part of the Agreement, in any one of the following circumstances:
(1) lf the Contractor fails to perform the services herein specified within the time specified herein or any extension thereof; or
(2) If the Contractor fails to perform any of the other provisions of this Agreement for any reason whatsoever, or so fails to make progress or otherwise violates the Agreements that completion of services herein specified within the Agreement term is significantly endangered, and in either of these two instances does not cure such failure within a period often (10) days (or such longer period of time as may be authorized by H-GAC in writing) after receiving written notice by certified mail of default from H-GAC.
ARTICLE 16: SEVERABILITY
H-GAC and Contractor agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect.
ARTICLE 17: FORCE MAJEURE
To the extent that either party to this Agreement shall be wholly or partially prevented from the performance of any obligation or duty placed on such party by reason of or through strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, accident, order of any court, act of God, or specific cause reasonably beyond the party's control and not attributable to its neglect or nonfeasance, in such event, the time for the performance of such obligation or duty shall be suspended until such disability to perform is removed. Determination of force majeure shall rest solely with H-GAC.
ARTICLE 18: CONFLICT OF INTEREST
No officer, member or employee of the Contractor or subcontractor, no member of the governing body of the Contractor, and no other public officials of the Contractor who exercise any functions or responsibilities in the review or Contractor approval of this Agreement, shall participate in any decision relating to this Agreement which affects his or her personal interest, or shall have any personal or pecuniary interest, direct or indirect, in this Agreement.
ARTICLE 19: FEDERAL COMPLIANCE
Contractor agrees to comply with all federal statutes relating to nondiscrimination, labor standards, and environmental compliance. Additionally, for work to be performed under the Agreement or subcontract thereof, including procurement of materials or leases of equipment, Contractor shall notify each potential subcontractor or supplier of the Contractor's federal compliance obligations. These may include, but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) the Fair Labor Standards Act of 1938 (29 USC 676 et. seq.), (d) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps and the Americans with Disabilities Act of 1990; (e) the Age Discrimination in Employment Act of 1967 (29 USC 621 et. seq.) and the Age Discrimination Act of 1974, as amended (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (f) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (g) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (h) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (i) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (j) any other nondiscrimination provisions in any specific statute(s) DocuSign Envelope ID: A18AC9FE-62FE-4F93-8AA8-508F68D323A5
applicable to any Federal funding for this Agreement; (k) the requirements of any other nondiscrimination statute(s) which may apply to this Agreement; (l) applicable provisions of the Clean Air Act (42 U.S.C. §7401 et seq.), the Federal Water Pollution Control Act, as amended (33 U.S.C. §1251 et seq.), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and the Environmental Protection Agency regulations at 40 CPR Part 15; (m) applicable provisions of the Davis Bacon Act (40 U.S.C. 276a - 276a-7), the Copeland Act (40 U.S.C. 276c), and the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-332), as set forth in Department of Labor Regulations at 20 CPR 5.5a; (n) the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-163).
ARTICLE 20: CRIMINAL PROVISIONS AND SANCTIONS
The Contractor agrees to perform the Agreement in conformance with safeguards against fraud and abuse as set forth by the H-GAC, the State of Texas, and the acts and regulations of any related state or federal agency. The Contractor agrees to promptly notify H-GAC of any actual or suspected fraud, abuse, or other criminal activity through the filing of a written report within twenty-four (24) hours of knowledge thereof. Contractor shall notify H-GAC of any accident or incident requiring medical attention arising from its activities under this Agreement within twenty-four (24) hours of such occurrence. Theft or willful damage to property on loan to the Contractor from H-GAC, if any, shall be reported to local law enforcement agencies and H-GAC within two (2) hours of discovery of any such act.
The Contractor further agrees to cooperate fully with H-GAC, local law enforcement agencies, the State of Texas, the Federal Bureau of Investigation and any other duly authorized investigative unit, in carrying out a full investigation of all such incidents.
The Contractor shall notify H-GAC of the threat of lawsuit or of any actual suit filed against the Contractor pertaining to this Agreement or which would adversely affect the Contractor’s ability to perform services under this Agreement.
ARTICLE 21: INDEMNIFICATION AND RECOVERY
H-GAC’s liability under this Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, is limited to its order processing charge. In no event will H-GAC be liable for any loss of use, loss of time, inconvenience, commercial loss, lost profits or savings or other incidental, special or consequential damages to the full extent such use may be disclaimed by law.
Contractor agrees, to the extent permitted by law, to defend and hold harmless H-GAC, its board members, officers, agents, officials, employees and indemnities from any and all claims, costs, expenses (including reasonable attorney fees), actions, causes of action, judgements, and liens arising as a result of Contractor’s negligent act or omission under this Agreement. Contractor shall notifiy H-GAC of the threat of lawsuit or of any actual suit filed against Contractor relating to this Agreement.
ARTICLE 22: LIMITATION OF CONTRACTOR’S LIABILITY
Except as specified in any separate writing between the Contractor and an END USER, Contractor’s total liability under this Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, but excluding its obligation to indemnify H-GAC, is limited to the price of the particular products/services sold hereunder, and Contractor agrees either to refund the purchase price or to repair or replace product(s) that are not as warranted. In no event will Contractor be liable for any loss of use, loss of time, inconvenience, commercial loss, loss of profits or savings or other incidental, special or consequential damages to the full extent such use may be disclaimed by law.
Contractor understands and agrees that it shall be liable to repay and shall repay upon demand to DocuSign Envelope ID: A18AC9FE-62FE-4F93-8AA8-508F68D323A5
END USER any amounts determined by H-GAC, its independent auditors, or any agency of State or Federal government to have been paid in violation of the terms of this Agreement.
ARTICLE 23: TITLES NOT RESTRICTIVE
The titles assigned to the various Articles of this Agreement are for convenience only. Titles shall not be considered restrictive of the subject matter of any Article, or part of this Agreement.
ARTICLE 24: JOINT WORK PRODUCT
This Agreement is the joint work product of H-GAC and the Contractor. This Agreement has been negotiated by H-GAC and the Contractor and their respective counsel and shall be fairly interpreted in accordance with its terms and, in the event of any ambiguities, no inferences shall be drawn against any party.
ARTICLE 25: DISPUTES
All disputes concerning questions of fact or of law arising under this Agreement, which are not addressed within the Whole Agreement as defined pursuant to Article 4 hereof, shall be decided by the Executive Director of H-GAC or his designee, who shall reduce his decision to writing and provide notice thereof to the Contractor. The decision of the Executive Director or his designee shall be final and conclusive unless, within thirty (30) days from the date of receipt of such notice, the Contractor requests a rehearing from the Executive Director of H-GAC. In connection with any rehearing under this Article, the Contractor shall be afforded an opportunity to be heard and offer evidence in support of its position. The decision of the Executive Director after any such rehearing shall be final and conclusive. The Contractor may, if it elects to do so, appeal the final and conclusive decision of the Executive Director to a court of competent jurisdiction. Pending final decision of a dispute hereunder, the Contractor shall proceed diligently with the performance of the Agreement and in accordance with H GAC's final decision.
ARTICLE 26: CHOICE OF LAW: VENUE
This Agreement shall be governed by the laws of the State of Texas. Venue and jurisdiction of any suit or cause of action arising under or in connection with the Agreement shall lie exclusively in Harris County, Texas. Disputes between END USER and Contractor are to be resolved in accordance with the law and venue rules of the state of purchase. Contractor shall immediately notify H-GAC of such disputes.
ARTICLE 27: ORDER OF PRIORITY
In the case of any conflict between or within this Agreement, the following order of priority shall be utilized: 1) General Provisions, 2) Special Provisions, 3) Scope of Work, and, 4) Other Attachments.
DocuSign Envelope ID: A18AC9FE-62FE-4F93-8AA8-508F68D323A5
SIGNATURES:
H-GAC and the Contractor have read, agreed, and executed the whole Agreement as of the date first written above, as accepted by:
Asphalt Zipper, Inc.
Signature $docusign:SignHere::Customer1
Name Terry Hansen
Title President & CEO
Date $docusign:DateSigned::Customer1
H-GAC
Signature $docusign:SignHere::InternalSigner
Name Chuck Wemple
Title Executive Director
Date $docusign:DateSigned::InternalSigner
DocuSign Envelope ID: A18AC9FE-62FE-4F93-8AA8-508F68D323A5 10/6/2020
10/8/2020
H-GAC
Houston-Galveston Area Council
P.O. Box 22777 · 3555 Timmons · Houston, Texas 77227-2777 Cooperative Agreement - Asphalt Zipper, Inc. - Public Services - 20-00858
SPECIAL PROVISIONS
Incorporated by attachment, as part of the whole agreement, H-GAC and the Contractor do, hereby agree to the Special Provisions as follows:
ARTICLE 1: BIDS/PROPOSALS INCORPORATED
In addition to the whole Agreement, the following documents listed in order of priority are incorporated into the Agreement by reference: Bid/Proposal Specifications and Contractor’s Response to the Bid/Proposal.
ARTICLE 2: END USER AGREEMENTS (“EUA”)
H-GAC acknowledges that the END USER may choose to enter into an End User Agreement (“EUA) with the Contractor through this Agreement, and that the term of the EUA may exceed the term of the current H-GAC Agreement. H-GAC’s acknowledgement is not an endorsement or approval of the End User Agreement’s terms and conditions. Contractor agrees not to offer, agree to or accept from the END USER, any terms or conditions that conflict with those in Contractor’s Agreement with H-GAC. Contractor affirms that termination of its Agreement with H-GAC for any reason shall not result in the termination of any underlying EUA, which shall in each instance, continue pursuant to the EUA’s stated terms and duration. Pursuant to the terms of this Agreement, termination of this Agreement will disallow the Contractor from entering into any new EUA with END USERS. Applicable H-GAC order processing charges will be due and payable to H-GAC on any EUAs, surviving termination of this Agreement between H-GAC and Contractor.
ARTICLE 3: MOST FAVORED CUSTOMER CLAUSE
Contractor shall provide its most favorable pricing and terms to H-GAC. If at any time during this Agreement, Contractor develops a regularly followed standard procedure of entering into agreements with other governmental customers within the State of Texas, and offers the same or substantially the same products/services offered to H-GAC on a basis that provides prices, warranties, benefits, and or terms more favorable than those provided to H-GAC, Contractor shall notify H-GAC within ten (10) business days thereafter, and this Agreement shall be deemed to be automatically retroactively amended, to the effective date of Contractor’s most favorable past agreement with another entity. Contractor shall provide the same prices, warranties, benefits, or terms to H-GAC and its END USER as provided in its most favorable past agreement.
H-GAC shall have the right and option at any time to decline to accept any such change, in which case the amendment shall be deemed null and void. If Contractor claims that a more favorable price, warranty, benefit, or term that was charged or offered to another entity during the term of this Agreement, does not constitute more favorable treatment, than Contractor shall, within ten (10) business days, notify H-GAC in writing, setting forth the detailed reasons Contractor believes the aforesaid offer is not in fact most favored treatment.
H-GAC, after due consideration of Contractor’s written explanation, may decline to accept such explanation and thereupon this Agreement between H-GAC and Contractor shall be automatically amended, effective retroactively, to the effective date of the most favored agreement, to provide the same prices, warranties, DocuSign Envelope ID: A18AC9FE-62FE-4F93-8AA8-508F68D323A5
benefits, or terms to H-GAC and the END USER.
EXCEPTION: This clause shall not be applicable to prices and price adjustments offered by a bidder, Proposer or contractor, which are not within bidder's/proposer’s control [example; a manufacturer's bid concession], or to any prices offered to the Federal Government and its agencies.
ARTICLE 4: PARTY LIABILITY
Contractor’s total liability under this Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, is limited to the price of the particular products/services sold hereunder.
Contractor agrees either to refund the purchase price or to repair or replace product(s) that are not as warranted.
Contractor accepts liability to repay, and shall repay upon demand to END USER, any amounts determined by H-GAC, its independent auditors, or any state or federal agency, to have been paid in violation of the terms of this Agreement.
ARTICLE 5: GOVERNING LAW & VENUE
Contractor and H-GAC agree that Contractor will make every reasonable effort to resolve disputes with the END USER in accord with the law and venue rules of the state of purchase. Contractor shall immediately notify H- GAC of such disputes.
ARTICLE 6: SALES AND ORDER PROCESSING CHARGE
Contractor shall sell its products to END USERS based on the pricing and terms of this Agreement. H-GAC will invoice Contractor for the applicable order processing charge when H-GAC receives notification of an END USER order. Contractor shall remit to H-GAC the full amount of the applicable order processing charge, after delivery of any product or service and subsequent END USER acceptance. Payment of the Order Processing Charge shall be remitted from Contractor to H-GAC, within thirty (30) calendar days or ten (10) business days after receipt of an END USER’s payment, whichever comes first, notwithstanding Contractor’s receipt of invoice. For sales made by Contractor based on this Agreement, including sales to entities without Interlocal Agreements, Contractor shall pay the applicable order processing charges to H-GAC. Further, Contractor agrees to encourage entities who are not members of H-GAC’s Cooperative Purchasing Program to execute an H-GAC Interlocal Agreement. H-GAC reserves the right to take appropriate actions including, but not limited to, Agreement termination if Contractor fails to promptly remit the appropriate order processing charge to H-GAC. In no event shall H-GAC have any liability to Contractor for any goods or services an END USER procures from Contractor. At all times, Contractor shall remain liable to pay to H-GAC any order processing charges on any portion of the Agreement actually performed, and for which compensation was received by Contractor.
ARTICLE 7: LIQUIDATED DAMAGES
Contractor and H-GAC agree that Contractor shall cooperate with the END USER at the time an END USER purchase order is placed, to determine terms for any liquidated damages.
ARTICLE 8: INSURANCE
Unless otherwise stipulated in Section B of the Bid/Proposal Specifications, Contractor must have the following insurance and coverage minimums:
a. General liability insurance with a Single Occurrence limit of at least $1,000,000.00, and a General DocuSign Envelope ID: A18AC9FE-62FE-4F93-8AA8-508F68D323A5
Aggregate limit of at least two times the Single Occurrence limit.
Product liability insurance with a Single Occurrence limit of at least $1,000,000.00, and a General Aggregate limit of at least two times the Single Occurrence limit for all Products except Automotive Fire Apparatus. For Automotive Fire Apparatus, see Section B of the Bid/Proposal Specifications.
Property Damage or Destruction insurance is required for coverage of End User owned equipment while in Contractor's possession, custody or control. The minimum Single Occurrence limit is $500,000.00 and the General Aggregate limit must be at least two times the Single Occurrence limit. This insurance may be carried in several ways, e.g. under an Inland Marine policy, as art of Automobile coverage, or under a Garage Keepers policy. In any event, this coverage must be specifically and clearly listed on insurance certificate(s) submitted to H-GAC. b. Insurance coverage shall be in effect for the length of any contract made pursuant to the Bid/Proposal, and for any extensions thereof, plus the number of days/months required to deliver any outstanding order after the close of the contract period.
c. Original Insurance Certificates must be furnished to H-GAC on request, showing Contractor as the insured and showing coverage and limits for the insurances listed above. d. If any Product(s) or Service(s) will be provided by parties other than Contractor, all such parties are required to carry the minimum insurance coverages specified herein, and if requested by H-GAC, a separate insurance certificate must be submitted for each such party. e. H-GAC reserves the right to contact insurance underwriters to confirm policy and certificate issuance and document accuracy.
ARTICLE 9: PERFORMANCE AND PAYMENT BONDS FOR INDIVIDUAL ORDERS
H-GAC’s contractual requirements DO NOT include a Performance & Payment Bond (PPB); therefore, Contractor shall offer pricing that reflects this cost savings. Contractor shall remain prepared to offer a PPB to cover any order if so requested by the END USER. Contractor shall quote a price to END USER for provision of any requested PPB, and agrees to furnish the PPB within ten business (10) days of receipt of END USER's purchase order.
ARTICLE 10: CHANGE OF STATUS
Contractor shall immediately notify H-GAC, in writing, of ANY change in ownership, control, dealership/franchisee status, Motor Vehicle license status, or name. Contractor shall offer written guidance to advise H-GAC if this Agreement shall be affected in any way by such change. H-GAC shall have the right to determine whether or not such change is acceptable, and to determine what action shall be warranted, up to and including cancellation of Agreement.
ARTICLE 11: TEXAS MOTOR VEHICLE BOARD LICENSING
All that deal in motor vehicles shall maintain current licenses that are required by the Texas Motor Vehicle Commission Code. If at any time during this Agreement term, any required Contractor license is denied, revoked, or not renewed, Contractor shall be in default of this Agreement, unless the Texas Motor Vehicle DocuSign Envelope ID: A18AC9FE-62FE-4F93-8AA8-508F68D323A5