SIGNATURE FORM AND NON COLLUSION STATEMENT

BID NO: 09-023 INVITATION FOR BID CONCRETE – VARIOUS TYPES CONTACT: Deby Woodard, Purchasing Agent E-mail: dwoodard@cowtx.org Phone: 817-514-5833 Fax: 817-514-5765 Sealed bids will be received by the City of Watauga, Texas, in the City Purchasing Office at City Hall, 7105 Whitley Road, until Friday, January 16, 2009 at 2:00 p.m. Bid responses received after the closing time and date shall remain unopened. Any questions regarding this Invitation for Bid must be in writing to the Purchasing Office and will be accepted until five (5) business days prior to the bid opening date and time above. Mark the lower left hand corner of envelope containing the bid as follows: SEALED BID: CONCRETE – VARIOUS TYPES BID NO: 09-023 BID OPENING DATE: FRIDAY, JANUARY 16, 2009, 2:00PM All bids must be signed by hand. Failure to sign will disqualify bid. SUBMISSION OF BIDS: Sealed bids shall be submitted to: City of Watauga Purchasing Office 7105 Whitley Road Watauga, Texas 76148 Facsimile transmittals will NOT be accepted. THE UNDERSIGNED HEREBY OFFERS AND REPRESENTS THEY ARE AUTHORIZED TO BIND THE COMPANY AND TO FURNISH AND DELIVER THE ARTICLES OF SERVICES OR COMMODITIES AS SPECIFIED ABOVE AT THE PRICES AND TERMS STATED AND IN STRICT ACCORDANCE WITH THE SPECIFICATIONS AND GENERAL CONDITIONS OF BIDDING, ALL OF WHICH ARE MADE A PART OF THIS OFFER. THIS OFFER IS NOT SUBJECT TO WITHDRAWAL. COMPANY NAME: BUSINESS ADDRESS: MAILING ADDRESS: CITY/STATE/ZIP: TELEPHONE: FAX #: E-MAIL: PRINT NAME & TITLE: SIGNATURE: INSTRUCTIONS TO BIDDERS IT IS UNDERSTOOD that the City of Watauga, Texas reserves the right to reject any or all bids for any or all products and/or services covered by this bid request and to waive formalities or defects in bids, or to accept such bids as it shall deem to be in the best interest of the City of Watauga. All costs incurred by the bidder in responding to this bid shall be the responsibility of the bidder. This contract is for a twelve-month period to begin upon City Council approval, with an option for two (2) twelve-month renewals upon the agreement of both the City of Watauga and vendor. At time of renewal, the City will consider any increases from the vendor, but under no circumstances, is the City required to renew this contract. The maximum increase allowed by the City will be the PPI for this product or service. Any price increase requested by vendor not based on the PPI, must have the documentation to support it based on a nationally recognized and accepted pricing index. Quantities stated are estimates. The City reserves the right to order more or less dependent on price, need and budget availability. Secondary and tertiary vendors are requested for those times when the primary vendor is not able to deliver the requested product under the constraints needed. The following documentation must be provided, for this bid to be considered responsive: REQUIRED DOCUMENTATION WITH BID: (a) (b) (c) (d) (e) (f) (g) (h) (i) Signed Bid Response Form Signature Form and Non Collusion Statement References Cooperative Purchasing Form Conflict of Interest Questionnaire Indemnification Form Deviation/Compliance Form Disadvantage Business Enterprise Form (if applicable) Certificate of Insurance Failure to provide this information may result in rejection of bid. PURCHASE ORDER: Purchase orders shall be generated by the City to the successful bidder. The purchase order number must appear on all itemized invoices and packing slips. The City shall not be held responsible for any orders placed or delivered without a valid current purchase order number. PACKING SLIPS or other suitable shipping documents shall accompany the commodity(s) and shall show: (a) (b) (c) (d) Name and billing address of company; Name and address of receiving department and or delivery location; City Purchase Order number; and Descriptive information as to the item(s) delivered, including product code, item number, quantity, number of containers, etc. INVOICE(S) shall show all information as stated for "packing slips", be issued for each purchase order, and shall be mailed directly to the City of Watauga, 7105 Whitley Road, Watauga, Texas 76148, attention Accounts Payables. PAYMENT terms shall be net 30 unless agreed to by all parties prior to issuance of the purchase order. LATE BIDS: Bids received in the Purchasing Office or City Secretary’s Office after submission deadline shall be considered void and unacceptable. Late bids will remain unopened. The City is not responsible for lateness or nondelivery of mail, carrier, etc., and the date/time stamp in the City Secretary’s office shall be the official time of receipt. ALTERING BIDS: Bids cannot be altered, amended or withdrawn by the bidder after the bid-opening deadline. Any interlineations, alterations, or erasures made before this deadline, must be initialed by the signer of the bid, guaranteeing authenticity. WITHDRAWAL OF BID: A bid may not be withdrawn or canceled by the bidder without the permission of the City for a period of sixty (60) days following the date designated for the receipt of bids and the bidder also agrees to this upon submittal of their bid. SPECIFICATIONS FOR CONCRETE PRODUCTS: Vendor to furnish approximately 100 cubic yards of concrete, Specification I (Class A), and approximately 6,000 cubic yards of concrete, Specification II (Class D), on an “AS NEEDED” delivery schedule. MATERIAL TO CONFORM TO THE FOLLOWING: Standard Specifications for Public Works Construction, North Central Texas, 1983 Edition, (so-called “BLUE BOOK”), Item 7.4.5. Quality of concrete, Class A, minimum sacks of cement per cubic yard: 5.0, minimum compressive strength at 28 days = 3000 PSI, maximum water-cement ratio = 6.5. (Note: Same as 1982 Texas Department, Item 421.) Standard Specification for Public Works Construction, North Central Texas, 1983 Edition, (so called “BLUE BOOK”), Item 7.4.5. Quality of concrete, Class D, minimum sacks of cement per cubic yard = 2.0, minimum compressive strength at 28 days = 1500 PSI, maximum water-cement ratio = 3.0. (Note: Same as 1982 Texas Department, Item 421.) ALL PRICING IS TO INCLUDE ANY DELIVERY FEES, DEMURRAGE, FUEL CHARGES, ETC. It is the City’s understanding that there are no environmental fees associated with the delivery of concrete, therefore, no environmental fees will be allowed. Vendor is to deliver concrete to various locations within the City of Watauga, Texas that will be determined at the time of order. Delivery of concrete shall generally be in small quantities of cubic yards with minimum quantity of 1 cubic yard. Delivery of concrete shall be scheduled a minimum of one to two calendar days prior to the job. Vendor shall deliver product ordered in a timely manner, preferably no later than 11:59 AM. No more than one-hour delay will be acceptable. CITY MAY REJECT DELIVERY IF VENDOR FAILS TO MAINTAIN DELIVERY SCHEDULE. ALL DELIVERIES SHALL BE BETWEEN THE HOURS OF 8AM TO 2PM. BID RESPONSE # 09-023 CONCRETE – VARIOUS TYPES Company Name: _________________________________ Signature: ______________________________________ Prices are F.O.B.: ________________________________ (F.O.B. delivered unless otherwise stated) Terms: ________________________________________ (net 30 firm unless otherwise stated) Product shipping from: ___________________________________________ Estimated delivery (in calendar days) ARO: __________________________ Response time: ________________________ Proximity to City: ________________________ If not awarded primary contract, will you agree to be secondary or tertiary vendor if pricing and all other criteria are YES _______ NO _______ acceptable to City? These columns to be filled in by firm quoting DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICE EXT. PRICE Bid for various concrete products per City of Watauga bid # 09-023 Concrete – Class A (3,000 PSI 5 sack) Concrete – Class D (227) 100 6,000 CY CY Primary pricing $ $ $ $ Base bid total: $ BID RESPONSE # 09-023 CONCRETE – VARIOUS TYPES These columns to be filled in by firm quoting DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICE EXT. PRICE Bid for various concrete products per City of Watauga bid # 09-023 Concrete – Class A (3,000 PSI 5 sack) Concrete – Class D (227) 100 6,000 CY CY $ $ Secondary pricing $ $ Base bid total: $ These columns to be filled in by firm quoting DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICE EXT. PRICE Bid for various concrete products per City of Watauga bid # 09-023 Concrete – Class A (3,000 PSI 5 sack) Concrete – Class D (227) 100 6,000 CY CY Tertiary pricing $ $ $ $ Base bid total: $ VENDOR EXCEPTIONS: Other items, costs, additions or variances to specifications. Attach additional sheets if necessary. Use this section for exceptions to the base bid. Examples could be: no delivery after 5PM or on weekends, deliveries after 5PM or on weekends will incur an additional charge of $______, minimum order of $ ______, advance notice of ___ days or hours is required on routine orders ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ SIGNATURE FORM AND NON COLLUSION STATEMENT The undersigned affirms that they are duly authorized to execute the contract, and if bid is accepted, to furnish any and all items upon which prices are offered, at the price and upon the terms and conditions contained in the bid, conditions, terms, specifications, and all other items made a part of the accepted contract. The undersigned affirms that they are duly authorized to execute this contract, that this company, corporation, firm, partnership, or individual has not prepared this bid in collusion with any other bidder, and that the contents of this bid as to prices, terms, or conditions of said bid have not been communicated by the undersigned nor by any employer or agent to any other person engaged in this type of business prior to the official opening of this bid. Vendor: _____________________________________________________________________ Address: ____________________________________________________________________ City, State, Zip: _______________________________________________________________ Phone Number: _______________________________________________________________ Fax Number: _________________________________________________________________ Email address: _______________________________________________________________ Bidder (print name): ___________________________________________________________ Bidder Signature: _____________________________________________________________ Position with Company: ________________________________________________________ Signature of Company Official: __________________________________________________ Company Official (print name): __________________________________________________ FOR DISADVANTAGED BUSINESS ENTERPRISES ONLY Disadvantaged Business Enterprises (DBE) are encouraged to participate in the City of Watauga’s quote process. Representatives from DBE companies should identify themselves as such and submit a copy of the certification. The City of Watauga recognizes the certifications of both the State of Texas HUB Program and the North Central Texas Regional Certification Agency. All companies seeking information concerning DBE certification are urged to contact: State of Texas HUB Program Texas Comptroller of Public Accounts P.O. Box 13528 Austin, Texas 78711-3528 512-463-3911 North Central Texas Regional Certification Agency 624 Six Flags Drive Arlington, Texas 76011 817-640-0606 OR If your company is already certified, include a copy of your certification with your response. Company Name: ______________________________________________________________ Authorized Representative: _____________________________________________________ Email Address: _______________________________________________________________ Address: ____________________________________________________________________ City, State, Zip: _______________________________________________________________ Telephone: _____________________________ Fax: ________________________________ Indicate all that apply: _________ Minority-Owned Business Enterprise _________ Women-Owned Business Enterprise _________ Disadvantaged Business Enterprise REFERENCES Each vendor shall provide a minimum of five verifiable references in which the vendor has sold and maintained this or a similar product to a comparable entity. REFERENCE ONE Company Name: ______________________________________________ Address: ____________________________________________________ City, State, Zip: _______________________________________________ Contact Person: ______________________________________________ Telephone: _________________________ Fax: ___________________ Product Purchased by Reference: ________________________________ REFERENCE TWO Company Name: ______________________________________________ Address: ____________________________________________________ City, State, Zip: _______________________________________________ Contact Person: ______________________________________________ Telephone: _________________________ Fax: ___________________ Product Purchased by Reference: ________________________________ REFERENCE THREE Company Name: ______________________________________________ Address: ____________________________________________________ City, State, Zip: _______________________________________________ Contact Person: ______________________________________________ Telephone: _________________________ Fax: ___________________ Product Purchased by Reference: ________________________________ REFERENCES (continued) REFERENCE FOUR Company Name: ______________________________________________ Address: ____________________________________________________ City, State, Zip: _______________________________________________ Contact Person: ______________________________________________ Telephone: _________________________ Fax: ___________________ Product Purchased by Reference: ________________________________ REFERENCE FIVE Company Name: ______________________________________________ Address: ____________________________________________________ City, State, Zip: _______________________________________________ Contact Person: ______________________________________________ Telephone: _________________________ Fax: ___________________ Product Purchased by Reference: ________________________________ DEVIATION/COMPLIANCE FORM Company Name: ______________________________________________________________ Address: ____________________________________________________________________ City, State, Zip: _______________________________________________________________ Telephone: _________________________ Fax: ____________________________________ If the undersigned vendor intends to deviate from the general conditions, terms and conditions, or specifications listed in this proposal, all such deviations must be listed on this page, with complete and detailed conditions and information included or attached. The City of Watauga will consider deviations in its proposal award decisions, and the City reserves the right to accept or reject any proposal based upon any deviations indicated below or in any attachments or inclusions. In the absence of any deviation entry on this form, the vendor assures the City of their full compliance with the general conditions, terms and conditions, specifications, and all other information contained in this proposal. No deviations Yes deviations If yes is checked, please list below: ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ INDEMNIFICATION The vendor agrees to indemnify, hold harmless and defend the City of Watauga, its officers, agents and employees, both past and present, from and against liability for any and all claims, liens, suits, demands, and actions for damages, injuries to persons (including death), property damage (including loss of use), and expenses, (including court costs, attorneys’ fees, and other reasonable costs of litigation) arising out of or resulting from vendor’s work and activities conducted in connection with or incidental to this contract and from any liability arising out of or resulting from intentional acts or negligence of the vendor, including all such causes of action based upon common, constitutional, or statutory law, or based in whole or in part upon the negligent or intentional acts or omissions of vendor, including but not limited to, its officers, agents, employees, subcontractors, licensees, invitees, and other persons. It is the express intention of the parties hereto, both the City and vendor, that the indemnity provided for in this contract indemnifies and protects the City from the consequences of the vendor’s own negligence. The vendor further agrees that it shall at all times exercise reasonable precautions on behalf of, and be solely responsible for, the safety of its officers, agents, employees, subcontractors, licensees, invitees, and other persons, as well as their property, while in the vicinity where the work is being done. It is expressly understood and agreed that the City shall not be liable or responsible for the negligence or other fault of the vendor, its officers, agents, employees, subcontractors, licensees, invitees, or other persons associated with the vendor. The vendor agrees to indemnify and save the City harmless from all claims growing out of any demands of subcontractors, laborers, workers, mechanics, material men, and furnishers of supplies, equipment, financing or any other goods or services, tangible or intangible. When the City so desires, the vendor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. INDEPENDENT CONTRACTOR Contractor acknowledges that contractor is an independent contractor of the City and that contractor is not an employee, agent, official, or representative of the City. Contractor shall not represent, either expressly or through implication, that contractor is an employee, agent, official or representative of the City. Income taxes, self-employment taxes, social security taxes, and the like are the sole responsibility of the Contractor. Nothing contained in this contract shall be deemed or construed by the parties hereto or by any third party to create the relationship of principal and agent or of partnership or of joint venture or of any association whatsoever between the parties, it being expressly understood and agreed that no provision contained in the contract nor any act or acts of the parties hereto shall be deemed any relationship between the parties other than the relationship of independent parties contracting with each other solely for the purpose of effecting the provisions of this contract. I understand that the Indemnification and Independent Contractor provisions are requirements of all City of Watauga contracts. I have read the provisions and agree to the terms of these provisions. _________________________________ Company Name _________________________________ Signature _________________________________ Title _________________________________ Date WHAT IS A “CONFLICTS DISCLOSURE STATEMENT” AND DO I HAVE TO FILE ONE? What is H.B. 914? Effective January 1, 2006, H.B. 914 requires any vendor that wishes to conduct business or be considered for business with a City to file a “Conflict of Interest Questionnaire.” The Conflict of Interest Questionnaire (CIQ) is available online at www.ethics.state.tx.us. What vendors are subject to H.B. 914? • • Any person who contracts or seeks to contract for the sale or purchase of property, goods, or services with a local governmental entity; and An agent of a person who contracts or seeks to contract for the sale or purchase of property, goods, or services with a local governmental entity. Does this include a person who buys City property? The bill appears to apply to all persons or businesses who conduct business with a City, including those who submit bids on City contracts, make purchases of surplus City property, or participate in any other purchase or sales transactions with a City. With whom should the statement be filed? The statement will be filed with the City of Watauga Finance Department, 7105 Whitley Road, Watauga, Texas 76148 Who must file a “Conflict of Interest Questionnaire”? Any person who contracts or seeks to contract for the sale or purchase of property, goods, or services with a City (including submitting a bid on a City contract) must file a questionnaire. To what type of contract does the bill apply? As written, the bill appears to apply to any purchase or sale made by the City. When must a vendor file the “Conflict of Interest Questionnaire”? A person who wishes to conduct business with a City must file a questionnaire no later than seven (7) days after the date the person begins contract discussions or negotiations with the City, or submits an application or response to a request for proposal or bid, correspondence, or another writing related to a potential agreement with a City. CONFLICT OF INTEREST QUESTIONNAIRE For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. This questionnaire is being filed in accordance with Chapter 176, Local Government Code by a person who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the person meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local government not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. FORM CIQ OFFICE USE ONLY Date Received: 1. Name of person who has a business relationship with local governmental entity. 2. _______Check here 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 the originally filed questionnaire becomes incomplete or inaccurate) 3. Name of local government officer with whom filer has employment or business relationship: __________________________ Name of Officer This section (item 3 including subparts A, B, C & D) must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(a-1), Local Government Code. Attach additional pages to this form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income from the filer of the questionnaire? _______ Yes ________ No B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? _______ Yes ________ No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? _______ Yes ________ No D. Describe each employment or business relationship with the local government officer named in this section. 4. _____________________________________________ Signature of person doing business with the governmental entity ____________ Date Adopted 6/29/2007 CITY OF WATAUGA COOPERATIVE PURCHASING FORM Should other government entities decide to participate in this contract, would you, the vendor, agree that all terms, conditions, specifications, and pricing would apply? YES ___________ NO _______________ If you, the vendor checked yes, the following would apply: Government entities utilizing intergovernmental contracts with the City of Watauga will be eligible, but not obligated, to purchase materials and/or services under this contract(s) awarded as a result of this bid. All purchases by governmental entities other than the City of Watauga will be billed directly to that governmental entity and paid by that governmental entity. The City of Watauga will not be responsible for another governmental entity’s debts. Each governmental entity will order their own material and/or service as needed. _________________________________ Company Name _________________________________ Signature _________________________________ Title _________________________________ Date INSURANCE COVERAGE REQUIRED Section A: The awarded vendor shall furnish a completed insurance certificate to the City within five (5) days after the award, which shall be completed by an agent authorized to bind the named underwriter(s) to the coverage’s limits, and termination provisions shown thereon, and which shall furnish and contain all required information referenced or indicated thereon. Section B: The City reserves the right to review the insurance requirements of this section during the effective period of the contract end to require adjustment of insurance coverage’s and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, or the claims history of the industry as well as the vendor. Section C: Subject to the vendor’s right to maintain reasonable deductibles in such amounts as are approved by the City, the vendor shall obtain and maintain in full force and effect for the duration of this contract, and any extensions hereof; at the vendor’s sole expense, insurance coverage written by companies approved by the State of Texas and acceptable to the City of Watauga, in the following type(s) and amount(s): Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance at the following limits: • $100,000 each accident • $100,000 disease each employee • $500,000 bodily injury/disease – policy limit Commercial General Liability Insurance including explosion, collapse, and underground coverage shall be provided as follows: • $1,000,000 each occurrence • $2,000,000 annual aggregate Automobile Liability Insurance shall be provided as follows: • $500,000 bodily injury per person each accident • $250,000 property damage or • $1,000,000 combined single limit each accident Certificates of insurance of each policy shall be delivered to the City Purchasing Office along with a statement of endorsement from each insurance company that such policy shall not be canceled, non-renewed, or materially changed without thirty days written notice being given to the City. Prior to the effective date of cancellation of such insurance, nonrenewal, or material change, vendor shall deliver to the City a replacement certificate in compliance with this contract. The vendor will assume complete responsibility for any claim of property damages, loss, theft, or bodily injury, which may directly or indirectly arise from the operation’s performance under the terms of the contract. The vendor will hold harmless, release, and defend the City from all claims of liability that directly or indirectly arise under the terms of the contract. The vendor will be required to furnish the City a certificate and copies of public liability insurance in the minimum of $1,000,000 for combined single limits. Alternately, a State of Texas Certificate of Self-Insurance may be furnished in lieu of a certificate evidencing Worker’s Compensation Insurance. Employers who have rejected the Act, and have not been certified as self-insured employers, may not be eligible for a contract award. The City of Watauga will be named as an additional insured party on contractor’s general liability policy and any excess/umbrella liability insurance policies. Vehicle Insurance: the successful vendor shall meet and furnish the minimum Texas State Financial Responsibility Act requirements for the operation of vehicles(s) used in the delivery of the items purchased by the City. NO BID FORM FOR CONCRETE – VARIOUS TYPES 09-023 If your company has chosen not to submit a bid for this procurement, but wish to remain on the interested vendor list, please complete this form and submit to: City of Watauga Purchasing Department 7105 Whitley Road Watauga, Texas 76148 Fax: 817-281-1991 Please check the item(s) that apply: Do not sell item(s) required Cannot be competitive Cannot meet the specifications Cannot provide insurance required Cannot provide bonding required Cannot comply with indemnification requirements Job too large Other reason: ________________________________________________ ____________________________________________________________________________ Company Name: ______________________________________________________________ Authorized Agent or Officer Signature: _____________________________________________ Telephone: ____________________________ Fax: _________________________________ GENERAL INSTRUCTIONS TO VENDORS: Bids must be received by the Purchasing Office prior to the due date and time. It is the sole responsibility of the vendor to ensure timely delivery. The City of Watauga will not be responsible for failure of service on the part of the U.S. Postal Office, courier companies, or any other form of delivery service chosen by the vendor. Late bids will not be considered and will remain unopened. Bids will be received and publicly acknowledged at the location, date and time stated above. Bidders and interested persons may be present. All bids shall be open for public inspection after the contract is awarded, except for trade secrets and confidential information contained in the bid and identified by vendor as such. All costs incurred by the vendor in responding to this bid shall be the responsibility of the vendor. The State of Texas statutes prohibit the obligation and expenditure of public funds beyond the fiscal year for which a budget has been approved, therefore, anticipated obligations that may arise past the end of the current City fiscal year shall be subject to budget approval. Review of documents: Vendors are expected to examine and make all necessary investigations required to be fully and thoroughly informed as to all difficulties that may be encountered in the complete execution of all work in accordance with the contract documents. Each vendor shall examine all specifications, requirements and other data or instructions pertaining to the work. Vendors shall promptly notify the City of Watauga of any omission, ambiguity, inconsistency or error that they may discover upon examination of the documents. The City assumes no responsibility for any errors or misrepresentations that result from incomplete bids. No plea of ignorance of conditions that exist, or difficulties or conditions concerning the work to be performed, or execution of the work shall be accepted as an excuse for any failure or omission on the part of specifications documents governing the work. The vendor(s) awarded the contract shall not be allowed any extra compensation by reason of any matter or aspect prior to the bidding. Ownership of documents: Original documents, including plans, designs, and notes developed in connection with services or commodities provided hereunder belong to and shall remain the property of the City. The vendor may receive reproducible copies of such documents upon request. Some of these documents, if patented, trade secrets or proprietary in any way, and are so noted in the bids, may not be subject to the Texas Open Records Act, Chapter 252, Subchapter C, Section 252.048 (Vernon’s Texas Codes Annotated). Proprietary information: All material submitted to the City of Watauga becomes public property and is subject to the Texas Open Records Act upon receipt. If a vendor does not desire proprietary information in the bid to be disclosed, each page must be identified and marked proprietary at time of submittal. The City will, to the extent allowed by law, endeavor to protect such information from disclosure. The final decision as to what information must be disclosed, however, lies with the Texas Attorney General. Failure to identify proprietary information will result in all unmarked sections being deemed non-proprietary and available upon public request. Preparation of bid: Each vendor must furnish the information required by the bid on the documents provided. Bids submitted on other than the forms included in the bid packet, unless otherwise instructed, may be considered nonresponsive. Any attempt to alter the wording in the bid may result in rejection of the bid. Taxes: The City of Watauga is exempt by law from payment of Texas Sales and Federal Excise Tax; therefore, the bid shall not include any such tax. Successful vendors(s) should request a Tax Exemption Certificate from the City, if needed. Under no circumstances shall the City of Watauga be liable to pay taxes for which the City has an exemption. Brand name or equal: If the bid indicates brand name or “equal” products are acceptable, the vendor may propose an “equal” product as an alternate, but must be prepared to demonstrate those features that render it equal. Any reference made to model and/or make/manufacturer used in specifications is descriptive, not restrictive. It is used to indicate the type and quality desired. Bids of like quality will be considered. The City of Watauga reserves the right to determine products of equal quality. Deliveries: Deliveries will be acceptable only during normal working hours at the designated City facility. Delivery time, if stated as a number of days, will be based on calendar days. Prices: In the event of a discrepancy between unit price and extended price, the unit price shall govern. The City reserves the right to ask vendor(s) for clarification with any discrepancies. Signature: Vendor must sign each document in the bid requiring a signature (when applicable). A bid may be signed by an authorized agent of the firm to sign contracts on its behalf. The name and title of the individual(s) signing the bid must be clearly shown. Bid bond: If a bid bond is required for this proposal, the requirement will be reflected in the specifications of the bid. Cashier’s check or an acceptable bid bond in the amount indicated (or in the amount of 5% of the total of the bid submitted) must be submitted at the time the bid is submitted. The bid bond company must be licensed to do business in the State of Texas. Patent or copyright indemnity: The vendor hereby warrants that the use or sale of the products and materials delivered hereunder shall not infringe on the rights of any patent, copyright, or registered trademark covering such materials. Vendor agrees to indemnity and hold harmless the City for all costs, expenses, judgments, and damages that the City may have to pay or incur. Preparation costs: All costs associated with preparing a bid in response to a solicitation shall be the full responsibility of the vendor. Payment terms: All payment terms shall be net 30 days unless specified in the bid document. Submission of bids: All documents must be submitted prior to the due date and time. Exceptions, Substitutions, Deviations: Vendors taking exception to the specifications indicated herein must be clearly stated on attached sheets. The absence of such exceptions shall indicate that vendor has not taken exceptions and items offered are in strict compliance with the specifications and successful vendor(s) will be held responsible thereof. The City reserves the right to accept any and/or all of the exception(s), substitution(s), or deviation(s) as deemed to be in the best interest of the City. Vendors will not be allowed to make unauthorized substitutions after award is made. Addendums: Any interpretations, corrections or changes to the bid and specifications shall be made by addendum. Any explanation, clarification, or interpretation desired by a vendor regarding any part of the solicitation must be requested in writing to the purchasing office with sufficient time allowed for a written addendum to reach each vendor before submission of bids. Sole issuing of addenda shall be vested in the purchasing office. Addenda shall be sent to all who are known to have received a copy of the bid. Addenda will be made available via DemandStar (www.demandstar.com) and the City of Watauga website. Vendors shall acknowledge receipt of all addenda. Interpretations, corrections, or changes to the bid made in any other manner are not binding upon the City of Watauga, and vendors shall not rely upon such interpretations, corrections, or changes. Oral explanations or instructions given before the award of the contract are not binding. It is the sole responsibility of the bidder to check with the City of Watauga’s website and/or DemandStar to ensure that all available information has been received prior to submission. The City will not be held liable for any addenda information not received by vendor. Contact with City Employees: In order to ensure fair and objective evaluation, all questions related to this bid should be addressed to the purchasing office. Contact with any other City employee is expressly prohibited without prior consent of the purchasing office. Vendors directly contacting other City employees will risk elimination of their bid from further consideration. Modification or withdrawal of bid: A bidder may withdraw a bid at any time prior to the final submission date by sending written notification of its withdrawal. The bidder may thereafter submit a new or modified bid prior to the final submission date. Modifications offered in any other manner, oral or written, will not be considered. A final bid cannot be changed or withdrawn after the designated time for receipt, except for modifications/clarifications requested by the City of Watauga after the date of receipt and following any oral presentations. No bids may be withdrawn after the due date without forfeiture of the bid security (if required), unless there is a material error in the bid. Opening of bids: The purchasing office will be responsible for opening bids and shall conform to the date and time. Bids will be received and publicly acknowledged at the location, date and time stated above. Bidders and interested persons may be present. Evaluation factors: Vendors may furnish pricing for all or any portion of the bid (unless otherwise specified). However, the City of Watauga may evaluate and award the contract for any item or group of items shown on the bid, or any combination deemed most advantageous to the City. Bids that specify an “all or none” award may be considered if a single award is advantageous. Award: The City will award contract(s) for goods or services to the lowest responsible vendor that represents the “best value” to the City, price and other factors considered. When determining “best value,” the following criteria will be considered as amended in section 252.043 of the Texas Local Government Code: Purchase price Reputation of vendor and vendor’s goods/services Quality of the vendor’s goods/services Extent to which the goods or services meet the City’s needs Vendor’s past relationship with the City Impact on the ability of the City to comply with laws and rules relating to contracting with historically underutilized business and non-profit organizations employing persons with disabilities Total long-term cost to the City to acquire the vendor’s goods or services Any relevant criteria specifically listed in the bid Total long-term cost may include specifications conformance, delivery requirements, the life expectancy, cost of maintenance and operation, operating efficiency, training requirements, disposal value, warranties and other factors contributing to the overall acquisition cost of the product/services. After bids are opened, bids will be tabulated for comparison on the basis of the prices and quantities or by the “best value” method. Until final award of the contract, the City reserves the right to reject any or all bids, to waive technicalities, and to re-advertise for new bids, or propose to do the work otherwise in the best interest of the City. In the event of a public works or construction contract, per the Texas Local Government Code Section 252.043, award will be made to the lowest responsible bidder. Acceptance of bids: Acceptance of a bid for a one-time purchase will be in the form of a purchase order. Acceptance of a bid for a supply or service agreement will also be in the form of a purchase order. Subsequent purchase releases may be issued as appropriate. The contents of a bid shall become a part of the contract. Under no circumstances will the City of Watauga be responsible for goods or services provided without an acceptance signed by an authorized City representative. Reservations: The City of Watauga expressly reserves the right to: Specify approximate/estimated quantities Extend the opening date and time Consider and accept alternate bids, if specified in the documents, when most advantageous to the City Waive, as an informality, minor deviations from specifications, provided they do not affect competition or result in functionally unacceptable goods or services Waive any minor informality in any bid or procedure (a minor informality is one that does not affect the competitiveness of the vendor) Add additional terms or modify existing terms in the bid Reject a bid because of unbalanced unit prices Reject or cancel any or all bids Reissue a bid Procure any item by other means Certificates of insurance: When insurance is required, the vendor must provide certificates of insurance in the amounts and for the coverage required to the purchasing office within fourteen (14) business days after notification of intent to award, or as otherwise required by the specifications. Payment, performance, and maintenance bonds: When payment, performance, and/or maintenance bonds are required, the vendor must provide the bonds, in the amounts and on the conditions required, within fourteen (14) business days after notification of award, or as otherwise required by the specifications. Compliance with laws: Vendor shall give all notices and comply with all federal, state, and local laws, ordinances, rules and regulations, and lawful orders of any public authority bearing on the performance of the services. This agreement and the rights and obligations of the parties hereto shall be interpreted, construed and enforced in accordance with the laws of the State of Texas. The vendor warrants and covenants to the City that all services will be performed in compliance with all applicable federal, state, county, and city health and safety codes, rules and ordinances including, but not limited to, the Texas Industrial Safety and Health Act, and the Workers Right to Know Law. Minority and Women Owned Business Enterprise (M/WBE) documents: Minority and women owned businesses are strongly encouraged to participate in all purchasing activities of the City. While this is an important goal of the City, it may not necessarily be a determining factor in the award criteria, except where required by state or city laws, ordinances, statutes, etc. If an M/WBE goal has been established for the bid, the applicable documents must be submitted within five (5) business days after the bid opening date, exclusive of the bid opening date. References: The City requests vendor to supply a list of at least five (5) references where their firm supplied like products or services. Proposal ambiguity: Any ambiguity in the bid as a result of omission, error, and lack of clarity or non-compliance by the vendor with the specifications, instructions, and all conditions of vendor shall be construed in the favor of the City. The City reserves the right to request additional information or clarification from vendors, or to allow corrections of errors or omissions. STANDARD TERMS AND CONDITIONS Standard Terms and Conditions apply to all advertised bids and proposals; however, these may be superseded, whole or in part, by the Instructions to Bidders, Scope of Work, or data contained herein. Addendums: Any interpretations, corrections, or changes to the bid and specifications will be made in the form of addendum. Sole authority to issue addendum shall be vested in the City of Watauga. Addendum will be sent to all who are known to have received a copy of the proposal. However, it remains the sole responsibility of the vendor to check with the City of Watauga’s website and/or www.DemandStar.com to ensure that all available information has been received prior to submission. Vendors shall acknowledge receipt of all addendums by signing and returning with response. Altering bids: Bid cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. Alternate award: The City of Watauga reserves the right to award a vendor as an “alternate award”. The alternate vendor’s bid shall remain in effect for the term of the awarded contract. Should the primary vendor become unable or unwilling to complete the contract term; the alternate vendor will be notified in writing of their official contract and start date. All terms and conditions of the original bid will remain in effect. Assignment: The successful bidder shall not assign, sell, transfer, or convey this contract in whole or in part, without the prior written consent of the City of Watauga. Such consent shall not relieve the assignor of liability in the event of default by the assignee. Audit: The City of Watauga reserves the right to audit the records, as it pertains to this bid, and performance of the successful vendor during the term of the contract and for three years after the contract is completed. Bid openings: All bids submitted will be read or acknowledged at the City’s regularly scheduled opening for the designated project. However, the reading of a bid at bid opening should not be construed as a comment on the responsiveness of such bid or as any indication that the City accepts such bid as responsive. Bid summary sheet: Bidders desiring a copy of the bid summary/tabulation may request it by enclosing a self-addressed stamped envelope with bid. Bid results will not be given by telephone. If you have any questions, please contact the City of Watauga purchasing office at 817-514-5833. The City will make a determination as to the responsiveness of bids submitted based upon compliance with all applicable laws, City of Watauga purchasing guidelines, and project documents, including but not limited to, the project specifications and contract documents. The City will notify the successful vendor upon award of the contract and, according to state law, all bids received will be available for inspection at that time. Change orders: No oral statement of any person shall modify or otherwise change, or effect the terms, conditions, or specifications stated in the resulting contract. All change orders to the contract will be made by the City of Watauga in writing. Purchasing shall be informed at all times of any change orders. Conflict of interest: No public official shall have interest in this contract, in accordance with Vernon’s Texas Codes Annotated, Local Government Code Title 5, Subtitle C, Chapter 171, and City Charter. Vendors will be required to submit a Conflict of Interest Questionnaire, stating that no officer or employee of the City has, or will have, during the said term of this contract any prohibited interest as defined. The vendor understands that any existence of a prohibited interest at any time during the term of contract will render the contract voidable. Contract: This proposal, when properly accepted by the City, shall constitute a contract equally binding between the successful vendor and the City. No different or additional terms shall become a part of this contract with the exception of change orders issued by the City. Contract administrator: Under this contract, the City of Watauga may appoint a contract administrator with designated responsibility to ensure compliance with contract requirements. This includes, but is not limited to, acceptance, inspection, actual performance testing, and delivery. Actual performance testing shall be accomplished with the assistance and resources of the vendor. The contract administrator shall serve as liaison between the using department and the successful vendor. Purchasing shall be kept informed of any adverse situations relating to the award of this proposal. Contract renewals: Renewals may be made only by written agreement between the City of Watauga and the vendor and are subject to funding approval. Correspondence: The bid number must appear on all correspondence, inquiries, etc., pertaining to the bid. Deliveries promise-penalties: If requested on bid response form bids must show the number of calendar days required to place the materials in the possession of the City. Consistent failure to meet delivery promises without valid reason may be cause for removal from the bidder’s list. When delivery delays can be foreseen, the bidder shall give prior notice to the purchasing office, which shall have the right to extend the delivery due date if reasons for delay appear acceptable. Default in promised delivery, without acceptable reasons, or failure to meet specifications, authorizes the purchasing office to purchase the goods elsewhere, and charge any increase in cost and handling to the defaulting bidder. Delivery or contract completion date: Vendor shall address number of days required for completion, if requested. The date may, where time is of the essence, determine the contract award. If the successful vendor accepts the City’s order, but does not deliver in the promised time, thereby causing penalties, fees, or other actual expenses to the City, the City reserves the right to pass along these expenses to the vendor. The City also reserves the right to place an order from an alternate vendor chosen on the basis of the submitted bids, provided the vendor awarded the primary contract is unable to supply the product or service as needed. Design, strength, and quality: Design, strength, and quality of materials must conform to the highest standards of manufacturing practice. Destination charges: All products offered shall be F.O.B. City of Watauga. All applicable freight and delivery charges (if applicable) shall be a separate line item and included in the total bid price. Disability: In accordance with the provisions of the Americans With Disabilities Act of 1990 (ADA), vendor warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to general public, nor in the availability, terms, and/or conditions of employment for applicants for employment with, or employees of vendor or any of its subcontractors. Vendor warrants it will fully comply with ADA’s provisions and any other applicable federal, state, and local laws concerning disability and will defend, indemnify and hold the City harmless against any claims or allegations asserted by third parties or subcontractors against the City arising out of vendor’s and/or its subcontractor’s alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this contract. Employment eligibility verification: Vendor warrants that it fully complies with all federal, state, county, and/or city statutes and regulations regarding the employment of aliens and others, and that all its employees performing work with the City meet the citizenship, or alien status requirements set forth in federal, state, county, and/or city statutes and regulations. Vendor shall indemnify, defend, and hold harmless the City, its officers, agents, and employees from and against any other liability which may be assessed against vendor or City in connection with any alleged violation of any federal, state, county, and/or city statutes or regulations pertaining to the eligibility for employment of any persons performing work hereunder. Ethics: Vendor shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official, or agent of the City. The City may, by written notice to the successful vendor, cancel this contract without liability to the vendor if it is determined by the City that gratuities or bribes in the form of entertainment, gifts, or otherwise, were offered or given by the vendor, its agents, or its representatives to any City officer, employee, or elected representative with respect to the performance of this contract. In addition, the successful vendor shall be subject to penalties as stated in Title 8 of the Texas Penal Code. F.O.B. / damage: Bids shall be F.O.B. inside delivery and shall include all delivery and packaging costs. The City of Watauga assumes no liability for goods delivered in damaged or unacceptable condition. The successful vendor shall handle all claims with carriers, and in case of damaged goods, shall ship replacement goods immediately upon notification of damage by the City. st Funding: The City of Watauga is a home-rule, municipal government operated and funded on October 1 to September th 30 fiscal year. Accordingly, the City reserves the right to terminate, without liability to the City, any contract for which funding is not available. Identical bids: In the event of two or more identical low bids, the contract shall be awarded as prescribed by Chapter 271, subchapter Z, Section 271.901 of Vernon’s Texas Codes Annotated. Indemnification: Vendor shall defend, indemnify, and save harmless the City, and all its officers, agents, and employees from all suits, actions, or other claims of any character, name, and description brought for or on account of any injuries or damages received or sustained by any person, persons, or property because of any negligent act or fault of the vendor, or of any agent, employee, subcontractor, or supplier in the execution of, or performance under, any contract which may result from proposed award. Vendor indemnifies and will indemnify and save harmless the City from liability, claim, or demand on their part, agents, servants, customers, and/or employees whether such liability, claim, or demand arise from event or casualty happening or within the occupied premises themselves or happening upon or in any of the halls, elevators, entrances, stairways, or approaches of or to the facilities within which the occupied premises are located. Vendor shall pay any judgment with costs that may be obtained against the City growing out of such injury or damages. Insurance: The City of Watauga requires vendor(s) to carry the minimum insurance as required by state law. Invoices: All invoices must be submitted by the successful bidder to the City of Watauga, Attention: Accounting, 7105 Whitley Road, Watauga, Texas 76148. Late bids: Bids received in the purchasing office after submission deadline shall be returned unopened and will be considered void and unacceptable. The City of Watauga is not responsible for the lateness of mail, carrier, courier, or any other form of delivery service chosen by the vendor. Liens: The successful vendor agrees to and shall indemnify and save harmless the City against any and all liens and encumbrances for all labor, goods, and services which may be provided under the City’s request, by seller or seller’s vendor(s). If the City requests, a proper release for all liens, or satisfactory evidence of freedom from liens, shall be delivered to the City. Make/Model: Please quote make/model as listed or give equivalent make/model. If item offered is other than as indicated, bidder must state make, model, and part number of product quoted. Equality will be determined by the specifications and at the discretion of the City. Manufacturer’s standard warranty: Manufacturer’s standard warranty will be required in writing with delivery of product. If this bid involves the lease or purchase of machinery and equipment that may be subject to future recalls, the supplier agrees to notify the City of any such recall. Minimum standards for responsible prospective vendors: A perspective vendor must affirmatively demonstrate a vendor’s responsibility. The City of Watauga may request representation and other information sufficient to determine vendor’s ability to meet these minimum standards including but not limited to: • Have adequate financial resources, or the ability to obtain such resources as required • Be able to comply with the required or proposed delivery schedule • Have satisfactory record of performance • • • Have a satisfactory record of integrity and ethics Not have any outstanding taxes, child support, or other indebtedness to the State of Texas or the City Be otherwise qualified and eligible to receive an award Modifications and amendments: The City shall have the right to modify this order subject to adjustment(s) in the price in accordance with the applicable provisions of the purchase order, if any, or pursuant to mutual agreements. No agreement or understanding to modify this order shall be binding on the City unless it is in writing and signed by the authorized representative of the City. Name brands: Specifications may reference name brands and model numbers. It is not the intent of the City of Watauga to restrict these bids in such cases, but to establish a desired quality level of merchandise or to meet a re-established standard due to existing like items. Vendors may offer items to equal stature and the burden of proof of such stature rests with the vendors. The City of Watauga shall act as sole judge in determining equality and acceptability of products offered. No bids: If vendor does not wish to bid at this time but wishes to remain on the bid list for this product/service, please submit a “no bid’ form by the same time and at the same location as stated for bidding. If response is not received in the form of a “bid” or “no bid” for three consecutive requests, vendor shall be removed from the bid list. If however, you choose to “no bid” this product and/or service and wish to remain on bid list for other commodities and/or services, please state particular product and/or service under which you wish to be classified. The City of Watauga is very conscious and extremely appreciative of the time and effort you have expended to submit a bid. We would appreciate indication on your “no bid” response any requirements of this bid request that may have influenced your decision to “no bid”. No third-party beneficiary: For purposes of this contract, including its intended operation and effect, the parties to this contract specifically agree and contract that: (1) the agreement only affects matters/disputes between the parties to this contract, and is in no way intended by the parties to benefit or otherwise affect any third person or entity, notwithstanding the fact that such third person or entity may be in a contractual relationship with the City or vendor or both; and (2) the terms of this contract are not intended to release either by contract or operation of law, any third person or entity from obligations owing by them to either the City or vendor. Non-resident bidders: Per Texas Government Code, chapter 2252: non-resident bidders, Texas law prohibits cities and governmental entities from awarding contracts to a non-resident unless the amount of such bid is lower than the lowest bid by a Texas resident by the amount a Texas resident would be required to underbid in the non-resident bidders state. Nondiscrimination: Vendor certifies and agrees that all persons employed by it, its affiliates, subsidiaries, or holding companies are and will be treated equally without regard to or because of race, color, religion, ancestry, national origin, sex, age, physical or mental handicap, in compliance with all applicable federal and state anti-discrimination laws and regulations. Vendors shall certify to and comply with EEO regulations. Packaging: Unless otherwise indicated, items will be new, unused, and in first class condition in containers suitable for damage-free delivery and storage. The cost of all special packaging, box crating, or cartage shall be included in the pricing specified on the response unless otherwise specifically stated in the City’s request. All packaging, crating, or other debris resulting from delivery or set-up of the commodity purchased shall be removed and properly disposed of by the successful vendor. Payment: Payments will be made upon receipt and acceptance by the City and receipt of valid invoice. All payment terms shall be net 30, and shall be made on approved invoices in accordance with the Texas Prompt Payment Act. Pre-printed terms and conditions / bidders contract documents: Vendors pre-printed terms and conditions or restrictions commonly appearing or attached with the proposal and/or vendor’s specification material and contract documents will be disregarded in the absence of a noticeable written statement from vendor that all or a particular portion of such writing are in addition to or supersede the City terms and conditions. Even with a written statement from vendor, City’s terms and conditions may prevail. Presentation of bids: No oral, telegraphic, telephonic, or facsimile bids will be considered unless otherwise noted. Price recalculation: Vendor may request a price re-determination at the time of renewal at a rate not to exceed the effective percentage of a change for the previous twelve months in the Consumer Price Index (CPI) or the Product Price Index (PPI), whichever is most appropriate for the specific contract. At the City’s discretion, the effective change rate shall be based on either the local or national index average rate for all items. Pricing: Unless otherwise noted in the bid document price(s) quoted must be held firm for a minimum of ninety (90) days to allow for evaluation. Products: Products/services supplied under this contract shall be subject to the City’s approval. Product(s) found defective or not meeting specifications shall be picked up and replaced by the vendor within ten (10) working days at no expense to the City. Protest: All protests regarding the bid solicitation process must be submitted in writing to the City purchasing office within five (5) working days following the opening of bids. This includes all protests relating to advertising of bid notices, deadlines, bid opening, and all other related procedures under the Local Government Code, as well as any protest relating to alleged improprieties with the bidding process. This limitation does not include protests relating to staff recommendations as to award of this bid. Protests relating to staff recommendations may be directed to the City Council by contacting the City Secretary. Failure to protest within the time allotted shall constitute a waiver of any protest. Purchase order: The City of Watauga shall generate a purchase order to the successful vendor. The purchase order number must appear on all itemized packing slips and invoices. The City will not be responsible for any orders placed and/or delivered without a valid purchase order number. Remedies: The successful vendor and the City of Watauga agree that each party has all rights, duties, and remedies available as stated in the Uniform Commercial Code. Right of inspection: City shall have the right to inspect the goods upon delivery before accepting them. Vendor shall be responsible for all charges for the return to vendor of any goods rejected as being nonconforming under the specifications. Severability: If any provision of the contract or the applicable thereof to any person or circumstances is held invalid, the remainder of this contract and the application of such provision to other persons or circumstances shall not be affected. Silence of specifications: The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial products and practices are to prevail and that only material and workmanship of the finest quality are to be used. All interpretations of the specifications in this bid shall be made on the basis of this statement. The items furnished under this contract shall be new, unused, of the latest product in production to commercial trade, and shall be of the highest quality as to materials used and workmanship. Manufacturer furnishing these shall be experienced in design and construction of such items and shall be an established supplier of the item bid. Specification and samples: Any catalog, brand name, or manufacturer’s reference in the Request for Bid/Proposal/Quote is descriptive and not restrictive, and is used to indicate type and quality level desired for comparison unless otherwise noted. Bids of like nature will be considered unless specifically excluded. If bidding on other than specifications, bid must certify article offered is equivalent to specifications. Samples, if required, shall be furnished at no charge to the City. Samples do not need to be enclosed with bid unless requested. Split awards: The City of Watauga reserves the right to award a separate contract to separate vendors for each item/group, or to award one contract for the entire bid. Termination for default: The City of Watauga reserves the right to enforce the performance of this contract in any manner prescribed by law or deemed to be in the best interest of the City in the event of breach or default of this contract. The City reserves the right to terminate the contract immediately in the event the successful bidder fails to: Meet delivery schedules Make payments of any fees Perform in accordance with these specifications Keep equipment functional In the event the successful vendor shall fail to perform, keep, or observe any of the terms and conditions, the City shall give the vendor written notice of such default. If said default is not remedied to the satisfaction and approval of the City within ten (10) working days of receipt of such notice by vendor, default shall be declared and all the vendor’s rights shall terminate. The vendor, in submitting this proposal, agrees that the City shall not be liable to persecution for damages in the event that the City declares the vendor in default. Termination for insolvency: The City may terminate this contract/agreement forthwith if any of the following occur: Insolvency of vendor: vendor shall be deemed to be insolvent if it has ceased to pay its debts for at least sixty (60) days in the ordinary course of business, whether or not a petition has been filed under the Federal Bankruptcy Code and whether or not is insolvent within the meaning of such laws. The filing of a voluntary or involuntary petition regarding vendor under the Federal Bankruptcy Code The appointment of a receiver or trustee for vendor The execution by vendor of a general assignment for the benefit of creditor Termination of contract: This contract shall remain in effect until contract expires, delivery and acceptance of products and/or performance of services ordered. Either party may also terminate the contract with thirty (30) days written notice prior to any cancellation. The City reserves the right to award the canceled contract to next lowest vendor as it deems to be in the best interest of the City. Termination without cause: The City shall have the right to terminate the contract, in whole or in part, without cause any time upon thirty (30) days prior written notice. Upon receipt of a notice of termination, the vendor shall promptly cease placing orders and all further work pursuant to the contract, with such exceptions, if any, specified in the notice of termination. The City shall pay the vendor; to the extent funds are appropriated or otherwise legally available for such purposes, for all goods delivered and services performed, and obligations incurred prior to the date of termination in accordance with the terms hereof. Terms: The terms and conditions of the bid will be considered when evaluating for award. The City will compute and consider prompt payment discounts, if any, offered by a vendor in determining the low bid. Testing: The City of Watauga reserves the right to test equipment, supplies, material, and goods for quality, compliance with specifications, and ability to meet the needs of the user. Demonstration units must be available for review upon request. Should the goods or services fail to meet requirements and/or be unavailable for evaluation, the bid is subject to rejection. Title and risk of loss: The title and risk of loss of goods shall not pass to the City of Watauga until the City actually receives and takes possession of the goods at the point(s) of delivery, after inspection and the acceptance of goods. Venue: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in the City of Watauga, Tarrant County, Texas. Wages: Vendor shall comply with all applicable provisions of the Federal Fair Labor Standards Act (FLSA), and shall indemnify, defend, and hold harmless the City, its officers, employees, and agents from any and all liability, including but not limited to, wages, overtime pay, Social Security, unemployment, Federal Income Withholding Taxes, liquidated damages, penalties, court costs, and attorney’s fees arising under any wage and hour law, including but not limited to, FLSA, for work performed by vendors employees for which the City may be found jointly or solely liable. In the advent of a Public Works project, the City and the contract are also governed by the Davis-Bacon prevailing wage rate. Warrant: Guarantees and warranties shall be attached as a part of the proposal as they shall be a consideration in awarding the contract. The successful vendor shall warrant that all products/services shall conform to the proposed specifications and/or all warranties as stated in the Uniform Commercial Code and be free from all defects in material, workmanship, and title. If any of the work in accordance with this proposal is found to not be in accordance with the requirements of the documents, the vendor shall correct such work promptly after receipt of written notice from the City, architect, engineer, or other entity as the proposal documents may provide. This obligation shall survive acceptance of the work under the contract and termination of this contract. If supplier fails within a reasonable time after written notice, to correct defective work, to remove and replace rejected work, or supplier fails to comply with any provision in the contract document, either the City or its designee may, after ten (10) days written notice to vendor, correct and remedy any such deficiency and bill said vendor for actual expenses incurred. Waver: No waiver by either party of any breach or any provision of this contract shall constitute a waiver of any other breach or of such provision. Failure of either party to enforce at any time, or from time to time, any provision of this contract shall not be construed as a waiver thereof.