Huntsville Utilities

Transcription

1 Huntsville Utilities Electric Utilities Natural Gas Water P.O. Box 2048 Huntsville, Alabama Invitation For Bid for Fence and Gate Installation for Old 431 Substation HU IFB No

2 Table of Contents Section 1.0 Client Overview Overview of IFB Primary Objectives Time and Date for Submitting Bids... 4 Section 2.0 General Information Contact Bid Information Additional Information for the Supplier Supplier Background and Relevant Experience Subcontractors Qualifications... 5 Section 3.0 Scope of Work General Project Locations General Description of Work Housekeeping... 6 Section 4.0 Terms and Conditions Instructions Rights Request for Bid Definitions Time and Date for Submitting Bids Response Ex Parte Communication Agreement Discrepancies, Errors and Omissions Cancellation General Documents Communication Response Times Minimum Performance Guarantee Taxes Nondiscrimination Title VI Damages

3 4.20 Choice of Law Statutory Disqualification Conflict of Interest "Right to Know Law" Copyright, Trademark, Service Mark, or Patent Infringement Ownership of Intellectual Property Property of Huntsville Utilities Possession of Weapons Search... 9 Section 5.0 Indemnification Indemnity Governmental Tort Liability Section 6.0 Insurance Requirements Employer s Liability Insurance Worker s Compensation Insurance Commercial General Liability and Business Auto Liability Notice of Cancellation Huntsville Utilities Named Additional Insured Section 7.0 Security Requirements Security Passes, Parking Permits, Keys, etc Security Policies and Procedures Background Checks and Drug Screenings Security Clearance E-Verify Notice Section 8.0 Identity Theft Attachment A (Requirements Checklist) Attachment B (Bidder Qualification Forms) Attachment C (Sample Contract) Attachment D (Conflict of Interest Form) Attachment E (Non-Collusion Affidavit) Attachment F (E-Verify Affidavit) Attachment G (Contractor Security Clearance Application) Attachment H (Pricing Sheet)

4 Section 1.0 Client Overview 1.1 Overview of IFB Huntsville Utilities (HU), a municipality existing under the laws of the State of Alabama, invites all interested and qualified independent contractors to submit bids for evaluation in response to HU s Invitation for Bid for its Fence and Gate Installation for the Old 431 Substation that meet HU s requirements and specifications outlined in this document. Evaluation and award, if any, of the contract will be contingent upon the responses in the submitted bids. 1.2 Primary Objectives HU is seeking bids for Fence and Gate Installation for Old 431 Substation from qualified contractors with a minimum of five (5) consecutive years of experience providing Fence and Gate Installation. 1.3 Time and Date for Submitting Bids Each Bidder shall respond to this IFB on or before the time and date indicated below. At that time only the names of the Bidders responding to this IFB will be read aloud. Bids will not be made available for public inspection until after the IFB process is completed and a purchase order has been issued. The Bid shall be delivered in one of two ways: in-person or by mail to the address listed below. No s, phone calls, faxes, or penciled bids will be accepted. Huntsville Utilities Huntsville Utilities P.O Box 2048 Purchasing Department Huntsville, AL Spragins Street, SW (U.S. Mail) Huntsville, AL The bid opening will be at 2:00 p.m. on Thursday, December 20, The outside of the sealed box, container, or envelopes containing the bid shall be marked as follows: Bid: Section 2.0 Fence and Gate Installation Old 431 Substation HU IFB NO Due on: December 20, 2018, at 2:00 p.m. General Information HU reserves the right to reject any and all bids submitted and to evaluate and accept any bid, which in HU s sole opinion, offers the most acceptable services to HU. 2.1 Contact All questions concerning this IFB should be directed to: For Bid Documents: Miranda Duke Buyer Phone: miranda.duke@hsvutil.org Huntsville Utilities specifically requires that no contact concerning this IFB be made with any other HU personnel or others involved in the selection process until the selection process has been completed. Failure to honor this requirement will be viewed negatively in the selection process and may result in the disqualification of the bidder s bid. 4

5 2.2 Bid Information Any and/or all information provided by the contractor, its references, and/or internal documentation will be used in the evaluation of the bid to determine which bid is in the best interest of HU. Bidders may add pages to the bid to describe other features that are not specifically requested in this IFB. The bidder s response to this bid shall become a binding portion of the contract documents. Although every attempt will be made to consider each submitted bid on an equal basis, neither HU nor its agent will be responsible for misinterpretations resulting from failure of a respondent to follow the bid format or failure to give proper and specific references when citing reference material. HU reserves the right to disqualify any bid that does not follow the required format. HU also reserves the right to waive irregularities in any and all submitted bids. All bids become the property of HU and, after selection of a Contractor for the contract, become subject to the Alabama Public Records Act. In the event HU shall award a contract to a Contractor and subsequently determines that said Contractor will be unable to perform the contract, HU reserves the right to terminate the contract and award a separate contract to the next best Contractor without being required to re-advertise the IFB. 2.3 Additional Information for the Supplier A copy of HU s Sample Agreement has been included in this IFB as Attachment C Sample Contract. Please note: This contract will be used as a basis for all contract negotiations. 2.4 Supplier Background and Relevant Experience Supplier s response should include an organizational write-up, which should provide some background on the organization as a whole and not be longer than five (5) pages. The remainder of this section should concentrate on the supplier s experience with fence and gate installation in the electric, water, and gas utility industries. 2.5 Subcontractors Qualifications Supplier will provide information on subcontractors to be used for any applicable service work. Information will include qualifications in terms of years in business, experience, number of technicians, and average years of technicians experience. (3 pages) Section 3.0 Scope of Work HU is seeking bids for fence and gate installation for Old 431 Substation from qualified contractors. 3.1 General Huntsville Utilities will be installing a distribution substation for which a chain-link fence enclosure will be required. 3.2 Project Locations The address for the location is listed on the project specifications. 3.3 General Description of Work A. Furnish and install all material and labor for a Huntsville Utilities standard substation fence approximately 725 feet in length. B. Contractor shall use and install fencing material per Huntsville Utilities standard specifications. C. Contractor is responsible for ensuring all applicable permits are obtained and all local regulations are followed. D. Contractor shall protect the general public from any harm that could result from his activities in connection with this project. 5

6 E. Contractor shall not perform work inside any energized area without a Huntsville Utilities representative present. F. Contractor shall be responsible for obtaining all underground line locates. G. Huntsville Utilities shall stake the corners prior to the fence installation. 3.4 Housekeeping The contractor shall be responsible for maintaining the site in a clean condition during construction. Prior to completion of demobilization, contractor shall remove all construction materials, waste, demolition debris, excess material, temporary installations, etc. that have not been specifically turned over and accepted by Huntsville Utilities. Section 4.0 Terms and Conditions 4.1 Instructions These documents constitute the complete set of specifications, requirements, and bid request instructions. The Bidder is responsible for insuring that all pages and all addenda are received. HU advises all Bidders to closely examine this bid response, and to immediately direct any questions regarding the completeness of this IFB and any addenda to the Purchasing Department. 4.2 Rights HU reserves the right to reject any or all bids and to waive irregularities therein, and the undersigned hereby agrees that such rejection or waiver shall be without liability on the part of HU for any damage or claim brought by the undersigned because of such action, nor shall the undersigned seek any recourse of any kind against HU because of such action. There is no obligation to request services. All bids submitted to HU become the property of HU upon submission and after the execution of a contract become subject to Alabama s Public Records law. 4.3 Request for Bid Definitions This section describes the procedures for companies submitting a response to this Invitation for Bid (IFB). The term Contractor refers to the responsible bidder to which a contract is awarded. 4.4 Time and Date for Submitting Bids Each Bidder shall respond to this IFB on or before the time and date indicated in Section 1.3 of this Invitation for Bid. 4.5 Response Each Bidder must acknowledge that it accepts and understands each of the Instructions, Terms, and Conditions of this IFB. If a Bidder is unwilling to accept any one or more of the Instructions, Terms and Conditions, they must clearly identify in their bid the Instructions, Terms, and Conditions to which they take exception and note it on the enclosed exception sheet. In its sole discretion, HU reserves the right on a nondiscriminatory basis to: a) consider any Bid(s) which takes exception(s) to any one or more of the Terms and Conditions; or b) reject any Bid(s) which takes exception(s) to any one or more of the Terms and Conditions. 4.6 Ex Parte Communication HU does not permit contact concerning this IFB process with any HU personnel other than as identified in the IFB until the selection process has been completed. All exchanges of information concerning this IFB must be in writing with as the preferred method of communication. Failure to honor this requirement will be viewed negatively in the selection process and may result in the disqualification of the Bidder. Any questions or requests for clarification will be responded to in writing or by with a copy of the response being sent to each bidder on record. 6

7 4.7 Agreement The Contractor will be required to sign a contract with HU. The entire agreement shall include the Bidder s response to this bid, the IFB, and an agreement (the Contract Documents ). If the IFB and the Bidder s response to this bid are modified in negotiation between HU and the Bidder, then the modified bid shall be included as addenda to the Contractor s contract with HU. Should any conflict or discrepancy arise between the Instructions, Terms, and Conditions of the IFB and the Instructions, Terms and Conditions of the Agreement, the Instructions, Terms and Conditions of the Agreement shall control. The individual who signs this document must be empowered to sign the Agreement, or if sent by the name that appears on the bid response must be empowered to sign the Agreement. HU reserves the right to withdraw the IFB or condition the award on additional or different terms proposed to be included in such contract and HU shall not incur any obligation to the Contractor except as provided in the Agreement. To produce the Agreement, HU reserves the right to provide its own draft contract terms or request draft contract terms from the Bidder. Notification of award of the or acceptance of a IFB, in whole or in part, shall not restrict HU s discretion with regard to the terms of the definitive contract, shall not preclude HU from terminating the bid or withdrawing the bid prior to execution of the Agreement, and shall not limit HU s right to consider and act on additional information that may come to its attention from any source. 4.8 Discrepancies, Errors and Omissions Any discrepancies, errors, omissions, or ambiguities in this IFB or the requirements/guidelines or addenda (if any) stated herein should be reported to HU. At HU s option, a written addendum may be issued and the addendum will be incorporated in the IFB and will become part of the Contract Documents. HU will not be responsible for or bound by any oral instructions, clarifications or other communications and no such oral communication may be relied on by any Bidder. 4.9 Cancellation HU reserves the right to cancel the agreement without cost or penalty to HU, if, in HU s opinion, there is a failure at any time by the Contractor to adequately perform the Agreement, or if there is any attempt to willfully impose upon HU service workmanship which is, in the opinion of HU, of an unacceptable quality or time requirements. Cancellation of the Agreement shall not impair any rights or claim of HU to damages for the breach of any covenants of the Agreement by the Contractor General HU recognizes that the lowest cost Bid does not necessarily indicate the best Bid in terms of capabilities, quality or service. As a result, the selection of a Contractor to which the contract will be awarded will be determined on the basis of which Bid is in the best interest of HU based on the factors described in the Bid Evaluation of this IFB. HU reserves the right to reject any or all Bids, to waive technicalities or informalities and to accept any bid determined to be in the best interest of HU. HU will not be responsible for misinterpretations that are caused by failure of a Bidder to follow the IFB format or to give proper and specific references when citing referenced material. The selection criteria are described in the IFB. HU reserves the right, in its discretion and without incurring any liability to any Bidder, to modify or terminate this IFB at any time prior to the execution of a definitive contract, and to accept or reject any Bid for any reason Documents Each Bid must include the following documents 1) A fully completed Bid, including any HU data sheets or addenda, 2) A signed Exceptions document to Instructions, Terms and Conditions, attached to Bid. Note: 3 (three) bid packages shall be submitted from each responding Bidder at the due date and time, with one marked Original for permanent record Communication HU reserves the right to communicate with the Bidders, individually or collectively, formally or informally. HU requires that questions and other communications concerning the IFB be submitted to HU only in writing and must be directed to the appropriate person identified in this IFB. 7

8 4.13 Response Times Response times will be made as described in the IFB. Failure to respond to as specified and in accordance with the Bid submitted, including promised lead times, will constitute sufficient grounds for cancellation of the contract, and HU shall incur no cost or penalty for cancellation. All Bids must include all applicable transportation, service charges, sales and use taxes, assembly, and all other applicable charges Minimum Performance The services in accordance with this IFB (including optional items selected by HU) shall be fully in compliance with all federal, state, and local laws, rules, and regulations Guarantee In making a Bid, each Bidder certifies that it is fully aware of the conditions of service and that its offer will meet these requirements of service, and purpose to the satisfaction of HU. Bidder warrants and guarantees to HU all services and products to be provided and that work and products will be of good quality, and in conformance with the Contract Documents. All work not conforming to these standards may be considered defective by HU Taxes All taxes of any nature arising out of or in connection with the work above shall be the responsibility of the Contractor Nondiscrimination HU is an equal opportunity employer and as such requires that its suppliers not discriminate on the basis of race, color, sex, religion, or ethnic origin. Submitting an IFB constitutes Bidder s acknowledgement of this provision. HU encourages the use of small business, minority, and women owned business enterprises Title VI Bidder shall comply with the requirements of all federal statutes relating to nondiscrimination, including but not limited to, Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, sex, or national origin ( Title VI ). No person on the grounds of race, color, or national origin shall be excluded from participation in, denied benefits of, or be otherwise subject to discrimination in the performance of the bid. The bidder if awarded the bid shall upon request, show proof of such nondiscrimination Damages The bidder will be responsible for any damages to property of HU or others caused by it, its employees, or sub-suppliers, and will replace and make good such damages to the satisfaction of HU Choice of Law This bid and any subsequent contract or agreement related to this bid shall be governed by and construed with the Laws of the State of Alabama Statutory Disqualification By submitting a bid the bidder represents that neither it nor any of its officers, directors, shareholders, members or partners has been convicted or plead guilty or Nolo Contendere to any violation of the Sherman Anti-Trust Act, mail fraud, or other state, or federal criminal violation in connection with a contract let by the State of Alabama or any other state or any political subdivision of the State of Alabama Conflict of Interest By submitting a bid, bidder represents that The City of Huntsville or HU employee, Board Member, or representative dually elected or appointed, supervise any work on any contract for HU nor has a direct interest in the bidder or in the work which is subject to this bid (see attachment D). 8

9 4.23 "Right to Know Law" Manufacturers and Distributors that are regulated by and complying with the provisions of the OSHA hazard communication standard must provide HU a material data safety sheet (MSDS) for any element, chemical, or mixture that presents a physical hazard or a health hazard as defined by the OSHA standard or any hazardous substance. The data sheet must be provided to HU at the time of delivery. Manufacturers and Distributors must insure that each container of hazardous chemical delivered to HU be properly labeled, tagged, or marked in accordance with OSHA standards. Labels and other forms of warning for each incoming hazardous chemical will be inspected for compliance with the standard 4.24 Copyright, Trademark, Service Mark, or Patent Infringement A. Bidder shall, at its own expense, be entitled to and shall have the duty to defend any suit which may be brought against HU to the extent that it is based on a claim that the products or services furnished infringe a copyright, trademark, service mark, or patent. Bidder shall further indemnify and hold harmless HU against any award of damages and costs made against HU by a final judgment or a court of last resort in any such suit. B. If the products or services furnished under this bid or contract are likely to, or do become, the subject of such a claim of infringement, then without diminishing Bidder s obligation to satisfy the final award, Bidder may at its option and expense: 1. Procure for HU the right to continue using the product or service. 2. Replace of modify the alleged infringing products or services with other equally suitable products or services that are satisfactorily to HU, so that they become non-infringing. 3. Remove the products or discontinue the services and cancel any future charges pertaining thereto. Provided, however, that Bidder will not exercise options b.1, or b.2 when they are impractical Ownership of Intellectual Property Any and all intellectual property, including but not limited to copyright, invention, trademark, trade name, service mark, and/or trade secrets created or conceived pursuant to or as a result of this contract and any related subcontract ( Intellectual Property ), shall be work made for hire and HU shall be considered the creator of such Intellectual Property. HU shall own the entire right, title and interest to the Intellectual Property throughout the world. Contractor shall notify HU, within thirty (30) days, of the creation of any Intellectual Property by its or its subcontractor(s). Contractor, on behalf of itself and any subcontractor(s), agrees to execute any and all document(s) necessary to assure ownership of the Intellectual Property vests in HU and shall take no affirmative action s that might have the effect of vesting all or part of the Intellectual Property in any entity other than HU. The Intellectual Property shall not be disclosed by contractor or its subcontractor(s) to any entity not HU without the express written authorization of HU Property of Huntsville Utilities Any materials, including reports, computer programs, and other deliverables created under the Contract Documents are the sole property of HU. The Contractor is not entitled to a patent or copyright on those materials and may not transfer the patent or copyright to anyone else. The Bidder shall not use or release these materials without the prior written consent of HU Possession of Weapons All Bidders, suppliers, and service providers and their employees, agents, or subcontractors are prohibited from possessing any weapons on HU property Search All persons, packages, and vehicles on HU property are subject to being searched. Routine unannounced searches by HU maybe conducted. Refusal to submit to random searches will be grounds for removal from HU property and prohibited access in the future. All vehicles leaving the HU facilities are subject to being searched. 9

10 Section 5.0 Indemnification 5.1 Indemnity Contractor agrees to indemnify, defend, and hold harmless HU, its trustees, officers, agents, and employees of, from and against any and all claims and demands which may arise in any way out of the furnishing of goods and services hereunder, including, without limitation, claims and demands arising from injury or death of personnel of HU or for damage to the property of HU, expect those arising by reason of the gross or intentional negligence or willful act of HU, the officers, agents, or employees. 5.2 Governmental Tort Liability Notwithstanding anything else to the contrary, the indemnity provisions of this Section 1 shall not be construed to change the liability of any party hereto for any claim that would otherwise be prohibited or limited under any applicable provisions of the Alabama Governmental Tort Liability Act, as codified in Alabama Code (1975), as it may be amended from time to time by act of the legislature (the Act ), it being the intent of this section not to waive, diminish, or otherwise affect the statutory limits of liability, the statutory immunity, or the extent of immunity that may have been established for any party hereto under the Act. It is the intent of the parties that Contractor and HU will not, by virtue of the indemnities provided by each to the other party in this Agreement, assume towards any third party any liability that would exceed any liability that HU would have in the absence of such indemnities. It is the intent of the parties that nothing in this provision shall diminish the rights or defenses either party would have under Alabama s Workers Compensation Laws. Section 6.0 Insurance Requirements The Contractor shall not commence any service in connection with the Agreement until it has obtained all of the following types of insurance and such insurance has been approved by HU. (Worker s Compensation, Public Liability and Property Damage and Subcontractor s Liability and Property Damage as outlined in this section). The Contractor shall not allow any subcontractor to commence service on their subcontract until all similar insurance required of the subcontractor has been obtained and approved. All insurance policies shall be with insurers approved and admitted to do business in Alabama. HU shall be furnished proof of coverage of insurance by certificates of insurance accompanying the contract documents and shall name HU as an additional insured as respects commercial general liability and business automobile liability. The Contractor shall provide HU a (60) sixty day cancellation notice in the event any insurance required by fair agreement is canceled. 6.1 Employer s Liability Insurance The Contractor shall secure and maintain during the term of the Agreement, Employer s Liability Insurance with minimum limits of $100,000 bodily injury for each accident. 6.2 Worker s Compensation Insurance The Contractor shall secure and maintain during the term of the Agreement, worker s compensation insurance for all of their employees connected with the work on this project, and in case any work is sublet, shall require the subcontractor similarly to provide worker s compensation insurance for all of the latter s employees unless such employees are covered by the protection afforded by the Contractor. Such insurance shall comply fully with Alabama Worker s Compensation Law. In case any class of employees engaged in hazardous work under this contract at the site of the project is not protected under the Worker s Compensation Statute, the Contractor shall provide, and cause each Subcontractor to provide, adequate insurance satisfactory to HU, for protection of their employees not otherwise protected. 6.3 Commercial General Liability and Business Auto Liability The Contractor shall secure and maintain during the term of the Agreement, comprehensive general liability and comprehensive automobile liability insurance which shall protect them from claims for damage for 10

11 personal injury, including accidental death, as well as claims for property damages which may arise from operations under this Agreement whether such operation be by themselves or by anyone directly or indirectly employed by them. The minimum amount of such insurance shall be as follows: General Liability Minimum Amount Per Occurrence Limit $500,000 General Aggregate Limit $500,000 Products/Completed Operations Aggregate Limit $500,000 Fire Damage Legal Liability $500,000 Medical Expense $5,000 Automobile Liability $1,000,000* Umbrella Liability $1,000,000 *Combined single limit All policies of insurance referred to herein shall be written on an occurrence basis unless otherwise agreed by HU in writing. 6.4 Notice of Cancellation All policies shall have no less than a (60) sixty-day notice of cancellation. Cancellation of insurance coverage required by this part shall constitute a material default by Contractor, if substituted coverage, not meeting the requirements of this part, is not acquired by Contractor immediately. 6.5 Huntsville Utilities Named Additional Insured Insurance must be underwritten by companies authorized to do business in the State of Alabama. Evidence of insurance must be furnished to HU prior to issuance of the purchase order. Before this Agreement becomes effective, Contractor and its subcontractors, at its own expense, shall procure and maintain all required insurance for the duration of this Agreement. Contractor, and where applicable its subcontractors, must provide certificates of insurance to HU for the insurance coverage s listed in this section and name HU as an additional insured for each of the coverage s listed in this Section, except for workers compensation and employers liability coverage. Section 7.0 Security Requirements 7.1 Security Passes, Parking Permits, Keys, etc. HU reserves the right to issue access security passes, parking permits, keys, and other security related items to its contractors. The contractor must return any access security passes, parking permits, keys, and other security related items on demand. Failure to do so will result in a penalty of two hundred and fifty ($250) dollars per unreturned access security pass, parking permit, keys, and/or other security related item and may be considered a material breach of contract. 7.2 Security Policies and Procedures HU requires its contractors to follow all applicable HU policies and procedures. HU will be responsible for notifying the contractor of any applicable policies and will provide the contractor with copies of these policies. 7.3 Background Checks and Drug Screenings It is required that the contractor, at its own expense, conduct thorough background checks and drug screenings that meet HU standards on any and all of the contractor s personnel who will be working in any capacity on HU s account. HU reserves the right to audit these background checks and drug screenings at any time. In addition, HU, at its own expense, may also conduct background checks on the Contractor, to include the contractor and any of the contractor s employees who will be working on HU s account. 11

12 7.4 Security Clearance Before any employee of a contractor can gain access to a HU facility, the employer will be required to provide to HU in writing the name and address of such employee and a signed Security Clearance Application (Attachment G) for each of the contractor s employees or subcontractors who will be working on HU s account. (This form does NOT need to be filled out unless you are the Contractor awarded this bid.) This information will be required three (3) working days in advance of any access by contractor s employee. The contractor will also be required to notify HU security immediately of any changes in personnel who are assigned to the HU account. HU contact information will be specified at the time the bid is awarded. 7.5 E-Verify Notice The Beason-Hammon Alabama Taxpayer and Citizen Protection Act, Act No , Code of Alabama (1975) through (also known as and hereinafter referred to as the Alabama Immigration Act ) is applicable to contracts with Huntsville Utilities. As a condition for the award of a contract and as a term and condition of the contract with Huntsville Utilities, in accordance with (a) of the Alabama Immigration Act, any business entity or employer that employs one or more employees shall not knowingly employ, hire for employment, or continue to employ an unauthorized alien and shall attest to such by sworn affidavit signed before a notary. Such business entity or employer shall provide a copy of such affidavit to Huntsville Utilities as part of its proposal or proposal for the contract along with documentation establishing that the business entity or employer is enrolled in the E-Verify program. The required affidavit form is included at the end of this notice. During the performance of the contract, such business entity or employer shall participate in the E-Verify program and shall verify every employee that is required to be verified according to the applicable federal rules and regulations. The business entity or employer shall assure that these requirements are required of every subcontractor in accordance with (c) and shall maintain records that are available upon request by Huntsville Utilities, state authorities or law enforcement to verify compliance with the requirements of the Alabama Immigration Act. Failure to comply with these requirements may result in a breach of contract, termination of the contract or subcontract, and possibly suspension or revocation of business licenses and permits in accordance with (e) (1) & (2) or in the case of a subcontractor, in accordance with (f) (1) & (2). Huntsville Utilities ( Utilities ) has adopted Ordinance No ( E-Verify Ordinance ), which requires that certain Contractors comply with certain employment requirements. Pursuant to the E-Verify Ordinance, the Supplier/Contractor acknowledges: That it has obtained a copy of the E-Verify Ordinance; That it has read and understands the requirements of the E-Verify Ordinance; That if the Contractor elects to use an alternate comparable employment eligibility verification system to be used in lieu of E-Verify as defined in the E-Verify Ordinance, the Contractor shall make a written request for approval of such system to the Huntsville Utilities Purchasing Supervisor through the Procurement Services Division; That if the Contractor uses one or more subcontractors in connection with the performance of a contract as defined in the E-Verify Ordinance, the Contractor shall include in all subcontracts valued at $3,000 or more the requirement for compliance by the subcontractor with the E-Verify Ordinance, and that certification from a subcontractor shall be furnished by the Contractor to Huntsville Utilities within three (3) working days from the date of execution of the subcontract agreement; That failure to comply with the E-Verify Ordinance by the Contractor or subcontractor shall be a material breach of its Contract with Huntsville Utilities; and, 12

13 That the Contractor shall submit proof of enrollment in the E-Verify system or approved alternate system upon request of Huntsville Utilities, prior to award of a contract. Bidder must complete Attachment F: E-Verify Affidavit. Section 8.0 Identity Theft All service providers engaged to perform any activity in connection with one or more covered accounts shall conduct their activities in accordance with reasonable policies and procedures designed to detect, prevent, and mitigate the risk of identity theft. Such service providers shall be required to have policies and procedures to detect relevant Red Flags that may arise in the performance of the service provider s activities. Such service providers shall also be required to immediately report Red Flags to Huntsville Utilities and take appropriate steps to prevent or mitigate identity theft. 13

14 Attachment A (Requirements Checklist) SUMMARY OF BID FORMS AND REQUIREMENTS ITEM Bidder's Qualification Forms Subcontractor List References List Certified Copy of Insurance Policy Non-Collusion Affidavit Pricing List Agreement Machine Copy of AL Contractor License Conflict of Interest Form E-Verify Affidavit REQUIRED AT PRE-BID MEETING REQUIRED AT BID OPENING REQUIRED AFTER AWARD 14

15 Attachment B (Bidder Qualification Forms) Huntsville Utilities strives to hire experienced, qualified contractors to ensure the safety of all involved and to maintain good customer relations. The Bidder is encouraged to provide as much information as possible regarding his safety and service records as a Contractor in the field pertaining to the work being bid, as well as detailed work history of his employees. Huntsville Utilities reserves the right to request additional information if necessary to make a determination as to the qualifications of the Contractor or employees. The following data, statements of experience, personnel, equipment, and general qualifications of the BIDDER are submitted as a part of the Bid, and the BIDDER represents and guarantees the truthfulness and accuracy thereof: A. General Information Company Name Address City/State/Zip Contact Person: Phone Number Fax Number: State of AL Contractor License # City of Huntsville License # Madison County License # B. Our organization has been in business continuously from the year. C. Our organization has had experience in the fence and gate installation comparable to that required by the Contract Documents as a prime CONTRACTOR for years and as a Subcontractor for years. D. Following is a list of the projects our organization or Subcontractor(s) proposed for this Contract, has completed which is similar in character and in magnitude to that required by the Contract Documents, use additional sheets if required. Year Owner (Name, Phone and Address) Location Contract Amount 15

16 Year Owner (Name, Phone and Address) Location Contract Amount E. The following supervisory personnel are currently employed by the BIDDER and available for the Project (project manager, superintendents, and principal foremen): Name Title Years of Experience F. Attached is a detailed resume of qualifications, previous employers and experience of the project manager proposed to be assigned to the project. G. Following is a list of equipment owned by our organization that is available for use on the Project (attach additional sheets if necessary): Type of Equipment Size or Capacity Present Location/Rental H. The names and residences of the members of the Board of Directors of bidding corporation, or the names and residences of all persons and parties interested in this Bid as partners of a partnership or as individuals, are as follows (attach additional sheets if necessary): 16

17 Name Address (Residence) I. Following is a list of all projects we have undertaken in the last five years which have resulted in partial or final settlement of the contract by arbitration or litigation or are pending arbitration or litigation: Name of Client and Project Original Contract Amount Total Claims Arbitrated or Litigated amount of settlement of claims J. Reference is hereby made to the following bank or banks as to the financial responsibility of the BIDDER: Name of Bank Address K. List the bonding capacity of your company: $ 17

18 L. The following Subcontractors, suppliers, other persons and organizations are proposed to be employed to furnish portions of the work: Name Address Price Type of Construction % Total Contract Acceptance of a bid accompanied by this form does not indicate that Huntsville Utilities is of the opinion that the Bidder is qualified to do the work being bid. That determination will be made on a bid-by-bid basis, depending on the type of work and pending review of the Bidder's Qualification Forms and supporting information. 18

19 Attachment C (Sample Contract) THIS AGREEMENT, made and entered into on the day of, 20 BY AND BETWEEN, CONTRACTOR, Party of the First Part, and THE CITY OF HUNTSVILLE, ALABAMA, A MUNICIPAL CORPORATION, WITHIN THE STATE OF ALABAMA, d/b/a, HUNTSVILLE UTILITIES Party of the Second Part, hereinafter referred to as the OWNER. ** WITNESSETH ** The CONTRACTOR, in consideration of the sum to be paid him by the OWNER and of the covenants and agreements herein contained, hereby agrees at its own proper cost and expense to do all the work and furnish all materials, software, labor, and all appliances, machinery, and appurtenances for providing fence and gate installation to the extent of the Bid made by the CONTRACTOR, dated September 29, 2016, all in full compliance with the Contract Documents referred to herein. The Contract Documents shall include but not be limited to the Bidding Requirements, signed copy of the Bid, Contract Forms (including any Amendments), Invitation for Bid, the General and Special Conditions, Supplemental Conditions, if any, Bonds, Technical Specifications, and any other printed or written explanatory matter thereof, including any and all addenda, as prepared by the OWNER, all of which are made a part of this Contract as if fully and completely set forth herein. All of the aforesaid documents are collectively referred to as "Contract Documents". In consideration of the performance of the work as set forth in these Contract Documents, and subject to adjustments in accordance with the Contract Documents, the OWNER agrees to pay the Contractor and to make payments in the manner and at the times provided in the Contract Documents, the amount as called out in our basic agreement based upon the unit pricing as called out in the referenced bid and our acceptance of that offer. The CONTRACTOR agrees to the manner and method of progress or periodic payments which will be made by the OWNER to the CONTRACTOR as set forth in the General Conditions and Supplementary Conditions of the Contract. Notwithstanding any laws of the State of Alabama to the contrary, the CONTRACTOR does hereby agree that the OWNER shall keep and retain all amounts retained from periodic or progress payments in the same form as retained until such time as the final payment is made. The said CONTRACTOR further agrees to indemnify, hold harmless, and defend the OWNER, the City of Huntsville, members of the Huntsville Utilities Boards, or their representatives, employees, agents or servants from and against any and all liability for loss, damages, attorney fees, and expenses which the OWNER, the City of Huntsville, members of the Huntsville Utilities Boards, or their representatives, employees, agents or servants, may suffer or be held liable by reason of injury or damage to any person or property arising out of or in any manner connected with the operations to be performed under this Contract whether or not due in whole or in part to any act, omission, or negligence of the OWNER, The City of Huntsville, the members of the Huntsville Utilities Boards, or to any of their representatives, employees, agents or servants. The CONTRACTOR must file with the OWNER evidence of adequate insurance for damages to persons and property which may arise out of performance of this Contract, and which is set forth in the Contract Documents, appendices and attachments hereto. No additional work or extras shall be done unless the same shall be duly authorized by appropriate action by the Owner in writing. 19

20 IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day and date first written above in three (3) consecutive counterparts, each of which shall, without proof or accounting for the other counterparts, be deemed as the original Contract. CITY OF HUNTSVILLE, ALABAMA, A MUNICIPAL CORPORATION WITHIN THE STATE OF ALABAMA, d/b/a/ HUNTSVILLE UTILITIES: CONTRACTOR: Signature Signature Title Title Attest as to Owner Attest as to Contractor 20

21 Attachment D (Conflict of Interest Form) 1. Has anyone from The City of Huntsville, a Huntsville Utilities employee, a Huntsville Utilities Board Member, or representative from Huntsville Utilities or the City of Huntsville dually elected or appointed ever been employed, retained, induced, or directed to solicit or secure the Agreement? 2. In the event of any allegation of substance (determination of which will be made solely by Huntsville Utilities) that Item #1 has been violated, will you, Contractor, cooperate fully with Huntsville Utilities in establishing whether or not the allegation is true? Yes Yes No No If a violation of Item #1 above is found to have occurred, the Agreement may be terminated by Huntsville Utilities. Contractor: Company Name Address City, State, Zip Code Signature Printed Name Title 21

22 Attachment E (Non-Collusion Affidavit) I,, being duly sworn, depose and say: 1. I am the person responsible within my firm for the final decision as to the price(s) and amount of this bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on the behalf of my firm. 2. The price(s) and amount of this bid have been arrived at independently, without consultation, communication, or agreement for the purpose of restricting competition with any other CONTRACTOR, bidder, or potential bidder. 3. Neither the price(s) nor the amount of this bid have been disclosed to any other firm or person who is a bidder or potential bidder on this project, and will not be so disclosed either directly or indirectly prior to bid opening. 4. No attempt has been made or will be made to solicit, cause, or induce any firm or person to submit or not submit a bid on this project, or to submit a bid higher than the bid of this firm, or submit intentionally high or noncompetitive bid or other form of complementary bid. 5. The bid of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary bid. 6. My firm has not offered or entered into a subcontracting agreement regarding the purchase of material or services from any firm or person, or offered, promised, or paid cash or anything of value to any firm or person, whether in connection with this or any other project, in consideration for an agreement or promise by any firm or person to refrain from bidding or to submit a complementary bid on the project. 7. My firm has not accepted nor been promised any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been promised or paid in cash or anything of value to any firm or person, whether in connection with this or any other project, in consideration for my firm's submitting a complementary bid or agreeing to do so, on this project. 8. I have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval, or submission of my firm's bid on this project and have been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act, or other conduct inconsistent with any of the statements and representation made in this affidavit. Company Name Sworn to me this, 201 Signature Signature Printed Name Printed Name Title 22

23 Attachment F (E-Verify Affidavit) Compliance with the requirements of the Beason-Hammon Alabama Taxpayer and Citizen Protection Act, Act No , Code of Alabama (1975) through (also known as and hereinafter referred to as the Alabama Immigration Act ) is required for HuntsvilleUtilities contracts as a condition of the contract performance. Complete one of the affidavits below as applicable. I,, a duly authorized officer or agent of (Contractor), do execute this affidavit on behalf of (Contractor) and by executing this affidavit, the undersigned Contractor verifies that it is a sole proprietorship, partnership, corporation or other business entity (circle one) that has no employees. OR I,, a duly authorized officer or agent of (Contractor), do execute this affidavit on behalf of (Contractor) and by executing this affidavit, the undersigned Contractor verifies its compliance with the Beason-Hammon Alabama Taxpayer and Citizen Protection Act, Act No (Code of Alabama (1975) ), stating affirmatively that it does not knowingly employ, hire for employment, or continue to employ an unauthorized alien and that the sole proprietorship, partnership, or corporation or other business entity (circle one) which is contracting with Huntsville Utilities has registered with and is participating in the federal work authorization program known as E-verify, web address operated by the United States Citizenship and Immigration Service Bureau of the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L , in accordance with the applicability provisions of the Alabama Immigration Act. The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract with Huntsville Utilities, Alabama, that the Contractor will secure from such subcontractor(s) verification of compliance with Code of Alabama (1975) in a form substantially similar to this affidavit. Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to Huntsville Utilities, at the time the subcontractor is retained to perform such services. E-Verify Employment Eligibility Verification User Identification Number Name of Contractor Signature of Authorized Officer or Agent of Contractor Printed Name of Authorized Officer or Agent Title of Authorized Officer or Agent of Contractor SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF, 20. Notary Public My commission Expires: 23

24 Attachment G (Contractor Security Clearance Application) (A separate application will be required for each employee or subcontractor working on this project) 1. Personal Information: Name: Last First Aliases: Nickname(s) Middle Address City State Zip Social Security No. Date of Birth Driver s License # State. Height Weight Color Hair Color Eyes 2. Employment Current Employer Date Hired Current Supervisor 3. Please provide all addresses for the last 5 years along with the dates you lived at those addresses: (cont d next page) 24

25 4. Criminal History: Have you been convicted or found not guilty by reason of insanity, of any of the following offenses in the last 7 years? YES NO Involvement in any act of sabotage, espionage, treason, terrorism, or sedition? Sexual behavior of a criminal nature? Deceptive or illegal financial practices such as embezzlement, employee theft, check fraud, or income tax evasion? Alcohol related incidents such as driving under the influence or public intoxication? Improper or illegal involvement with illegal or prescription (controlled) drugs? Unlawful possession, use, sale, distribution, or manufacture of an explosive or weapon? Criminal conduct such as murder, assault, kidnapping, extortion, armed robbery, or arson? Any crime classified as a felony under the laws of any state? Provide dates and locations below for all YES answers to item 4: I certify that the statements and information on this application are true and correct to the best of my knowledge. I release HU to conduct a background check of the information included on, but not limited to, this form and also authorize HU to request, receive, and verify from any source all information given in this application, except as specified, and hereby release all parties from any liability that may result from furnishing such information to HU. Signature of person completing application Date 25