ATTACHMENT A
SEGMENT 1
TERMS AND CONDITIONS
1. SUBMISSION OF PROPOSAL
The Bidder shall submit an original hard copy of the
Proposal Form,
Proposal Guarantee and any other required documents/forms that are specified in the Bid Letter,
Addendums, or Bid Packet and a USB drive of the complete proposal, including copies of all documents
required to the appropriate purchasing agent as detailed on the Bid Letter.
2. RIGHTS RESERVED
Huntsville Utilities reserves the right to consider each item separately. Huntsville Utilities reserves all
rights to make advantageous decisions for the betterment of Huntsville Utilities customers.
3. STATE BID LAW
Huntsville Utilities adheres to the provisions as set forth in Title 39 Public Works Act and Title 41 State
Government Section 16 Public Contracts of the Code of Alabama.
4. Responsibility for assuring bid arrival at bid opening place prior to bid opening rests with the bidder.
Huntsville Utilities is under no obligation to pay postage-due on bid packages.
5. All correspondence regarding the referenced invitation for bid must be submitted in writing via email
to the appropriate purchasing agent.
6. Bids written in pencil will not be accepted.
7. Errors may not be corrected by the Contractor after bid opening; however, Huntsville Utilities reserves
the right in our evaluation to verify entries that appear to be obvious arithmetic, typing, or similar
errors. When discrepancies exist between soft copy and hard copy submittals, the hard copy will
govern.
8. Unsigned bids will not be accepted.
9. Late bids will not be opened, considered for evaluation, nor returned to the bidder. Incomplete bids
will not be considered.
10. A bid may be withdrawn prior to bid opening only after written request from Bidder and upon
acknowledgement by purchasing agent.
11. The Bid must be received in the format specified. The Bidder may submit supplemental information
on USB Drive submittal.
12. PROPOSAL
Owner reserves the right to request cost breakdown information and to negotiate any price submitted
by bidders. Owner reserves the right to make award to other than the low bidder or to award a
subcontract based upon the original price proposals without negotiation, provided that the contract
is awarded to the lowest, responsible and responsive bidder. Bidders are encouraged to provide their
most favorable price when bidding. All blank spaces for bid prices must be filled in. The bidder may
present alternative proposals and we reserve the right to consider alternative proposals.
13.
, if required. Failure to comply
with this provision (if required), shall result in disqualification of bidder.
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SEGMENT 1
TERMS AND CONDITIONS
14. BID SECURITY
If required per Bid Letter, each bid must be accompanied by a cashier's check drawn on an Alabama
bank or a bid bond executed by a surety company dully authorized and qualified to make such bonds
in the State of Alabama payable to the City of Huntsville, Alabama, d/b/a Huntsville Utilities for an
amount not less than five percent (5%) of the bidder's bid, but in no event more than ten thousand
and no/100 ($10,000.00).
15. The Attorney-in-Fact who executes these bonds must file a notarized and effectively dated copy of his
power of attorney. If required by State Statute, certifications of a resident agent shall also be provided.
16. All cashier's checks or bid bonds can be returned to all but the lowest bidders. The remaining cashier's
checks and bid bonds can be returned after the Owner and successful Bidder have executed the
Contract, or, if no award has been made, upon the demand of the Bidder at any time thereafter, so
long as they have not been notified of the acceptance of their bid.
17. Any successful Bidder, upon their failure or refusal to execute and deliver the Contract and the
required Performance Bond, Payment Bonds, insurance documents and any other bonds which may
be required by the Contract Documents, required within fifteen (15) days after they have received
notice of the Owner's acceptance of their bid, shall forfeit to the Owner, as liquidated damages for
such failure or refusal, the security deposited with their bid. Exceptions to this requirement will be
considered upon written request.
18. ADDENDA AND INTERPRETATIONS
No interpretation of the meaning of the plans, specifications or other pre-bid documents will be made
orally to a Bidder. Each request for such interpretation or clarification shall be made in writing to the
owner's representative listed for the project. All interpretations and supplemental instructions will be
issued in the form of written addenda which, if issued, will be sent via email to all prospective bidders.
Failure of any Bidder to receive such addendum or interpretation shall not relieve such Bidder from
any obligation under their bid as submitted. All addenda shall be acknowledged by the Bidder in the
Proposal, and failure to do so may be cause for the bid to be considered non-responsive.
19. BIDDER'S UNDERSTANDING
Bidder must fully understand the conditions relating to the project, and it is mandatory that each
bidder has made themselves familiar with the Contract Documents in its entirety. Failure to do so shall
not relieve a successful Bidder of their obligation to furnish all material and labor necessary to carry
out the provisions of the Contract, nor of their obligation to enter into a contract and complete the
work in strict accordance with the Contract. The bidder, in carrying out this work, shall employ such
methods or means that will not cause any interruption of or interference with the work of any other
performance for this project or another project or work performed by Huntsville Utilities. .
20. LAWS AND REGULATIONS
The Bidder's attention is directed to the fact that all applicable State laws, municipal ordinances, and
the rules and regulation of all authorities having jurisdiction over construction of the project shall
apply to the Contract throughout, and they shall be deemed to be included in the Contract Documents
the same as though herein written out in full.
21. SALES AND USE TAXES
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TERMS AND CONDITIONS
The Bidder shall be responsible for any and all local, State, and Federal taxes which may be charged
in association with the required materials and labor which the Contractor is required to furnish for
this Project. The Owner, who maintains a tax-exempt status, will pay no taxes.
22. CONTRACT DOCUMENTS
All work on this project shall be performed in accordance with the Contract Documents, which consist
of all documents pertained in the bid packet, including but not limited to Advertisement Notice, Bid
Letter, Bidding Terms and Conditions, General Conditions, Special Conditions, Scope and Statement
of Work, Proposal, Pricing Format, required forms,
, agreements, contracts, instructions or
bonds, bidders submission, etc., which are to be considered an integral part of the Contract
Documents whether or not attached hereto.
23. Should any conflicts or discrepancies be found between the parts, the order of precedence as listed
in the General Conditions shall prevail.
24. METHOD OF AWARD
The basis for award shall be the Proposal from the lowest responsible and responsive Bidder that, in
the Owner's sole and absolute judgement, will best serve the interests of the Owner. The Owner also
reserves the right to reject all bids and execute the work with his own forces or re-bid the entire
Project or any part thereof.
25.
26. The Owner reserves the right to reject any Proposal not in compliance with the Contract Documents,
or to waive any irregularities or informalities at their sole discretion.
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This page summarizes the opportunity, including an overview and a preview of the attached documents.