Paving Marking Services

BID NO. 26-24

Paving Marking Services

CITY OF KILLEEN, TEXAS

The City of Killeen will receive sealed bids for26-24, Paving Marking Services electronically through the City’s eProcurement Portal or addressed to the City of Killeen, Attn: Purchasing Division, 802 N. 2nd Street, Building G, Killeen, Texas 76541, until 2:00 pm on Tuesday, March 31, 2026. Mailed or hand delivered bid submissions must be sealed and plainly marked with the name and address of the bidder and “BID NO. 26-24, Paving Marking Services, 2:00 pm on Tuesday, March 31, 2026”.

Submittals received after the closing time will be returned unopened.

Vendors may register and submit bids electronically at https://procurement.opengov.com/login.

Bids will be opened and read aloud through Zoom online video conferencing promptly after 2:00 pm on Tuesday, March 31, 2026; A brief delay may occur due to processing of hand-delivered submissions or technical difficulties. Zoom access is shown below. The general public will not be allowed inside the facility.

Zoom access:

For viewing follow;

https://us02web.zoom.us/j/3397887656?pwd=Z0VWU1czOGRpQ245enJWS1hCSnJJUT09

Call: 1-346-248-7799

Meeting ID: 339 788 7656

Password: 04142020

No Pre-Bid Meeting will be held.

Bid questions will be accepted on the OpenGov e-bidding site , until 2:00 pm on Tuesday, March 24, 2026. Questions will be answered in the form of an addendum and posted on the OpenGov E-Bidding site. It is the bidder’s responsibility to obtain and acknowledge all addendums.

Complete information regarding this solicitation may be obtained from the City of Killeen website (https://www.killeentexas.gov/414/Purchasing) and OpenGov E-Procurement Portal (https://procurement.opengov.com/login).

The City of Killeen reserves the right to reject any or all bids and waive any irregularities.

CITY OF KILLEEN, TEXAS

Sophonia Price

Director of Procurement and Contract Management

Background

The City of Killeen is seeking qualified and responsive contractors to ensure a continued level of service for City facility(s) as needed. This opportunity offers a flexible partnership aimed at keeping our communities vibrant, well-maintained, and in excellent condition. The City of Killeen, who is solely directing this BID process, shall select the bidder based upon competitive submissions pursuant to this Invitation to Bid (ITB). After evaluation of all submissions, the selected contractor will serve as the City’s supplier of service requested.

The City of Killeen may select one or multiple vendors to provide these services based on need and availability.

Project Details

• Reference ID: 26-24
• Department: Engineering Services
• Department Head: Andrew Zagars (City Engineer)

Important Dates

• Questions Due: 2026-03-24T19:00:26.645Z

Evaluation Criteria

• Company Profile —
  • Company Overview: Years in business, areas of expertise, company size, and organizational structure.
  • Key Personnel: identification of key personnel involved in this contract, detailing their roles, responsibilities, professional experience, and relevant qualifications.
  • Licensing and Certifications: Proof of all required licenses and permits to operate and provide printing and mailing services within the City of Killeen, Bell County, and the State of Texas.
• Preparation of Bids —

  This is your notice that sealed bids for Paving Marking Services are subject to the Terms and Conditions of this Invitation for Bids (General Terms and Conditions attached hereto) and such other contract provisions, specifications or other data as are attached to this Bid (known as the bid packet), will be received electronically through the City’s eProcurement Portal or addressed to the City of Killeen, Attn: Purchasing Division, 802 N. 2nd Street, Building G, Killeen, TX, 76541, until 2:00 pm., Tuesday, March 31, 2026. Complete bids received by electronic mail or by facsimile (fax) will not be considered.

  Mailed or hand delivered bids must be sealed and plainly marked with the name and address of the Bidder and “BID NO. 26-24, Paving Marking Services, Tuesday, March 31, 2026, 2:00 pm”.

   Submittals received after the closing time will be returned unopened.

   Vendors may register and submit proposals electronically at https://procurement.opengov.com/login.  

  Bidders are encouraged to submit bids electronically, however, if submitted by mail or hand delivered, one (1) original, signed, and initialed in ink (not pencil), and one (1) electronic copy on a flash drive of the entire bid packet shall be submitted at the above location prior to the bid deadline. All bidder markings on the bid packet shall be in a legible format in English. Any non-legible markings may make the bid non-responsive and disqualify your bid submission. All errors or changes in the bid shall be corrected by striking through the error or change once with ink. The bidder shall initial next to each correction made. All corrections shall be complete and final before submitting your bid by the stated deadline. Bidders shall submit at least three (3) businesses as references of the proposed item, with addresses, telephone numbers, and contact persons.

  The City of Killeen (or "City") reserves the right to reject any or all bids and evaluate any or all project/service prior to bid award. Bid documents must be complete and sealed in an envelope when received by the Purchasing Office. Bids must be plainly marked on the outside of the envelope as follows: 26-24, Paving Marking Services. All bidder submissions shall also have the bidders name with contact information marked on the outside of the envelope.

  In the case of inclement weather or any other unforeseen event causing the City to close for business or delay opening, bids will be received and opened the following business day at the designated time stated herein. For example, if bids are due on Wednesday at 2:00 p.m. and the City is closed on Wednesday for bad weather or an unforeseen event, the bids will be accepted until Thursday, 2:00 p.m. or if bids are due at 2:00 p.m. on Wednesday, but the City opened at 10:00 a.m. on Wednesday due to bad weather or an unforeseen event, then bids will be accepted until Thursday, 2:00 p.m.

  All questions or requests for clarification must be submitted using the OpenGov e-bidding site no later than '2:00 pm on Tuesday, March 24, 2026. Submissions outside of OpenGov’s Q&A feature will not be accepted as valid questions. Only questions received through the Q&A feature prior to the submission deadline will be considered. All responses will be posted via the OpenGov Q&A section in the form of a public addendum (if necessary) so that all bidders have access to the answers.

  Unauthorized contact with City of Killeen employees or contractors about this Invitation to Bid may lead to disqualification. Oral communication is unofficial and non‑binding. Bidders must rely solely on written statements issued by the Director of Procurement and Contract Management.

• General Requirements —

  The bidder must demonstrate the ability to meet or exceed the following specifications:

  • Cost Transparency: Provide detailed comments regarding costs, alternatives, and any other pertinent information.
  • Unspecified Quantities:  Acknowledge that specific quantities may be unavailable; the city prioritizes projects based on assessments and visual inspections. Projects will be based upon the approved budget and subject to City Council approval.
  • Ability to Meet Short Deadlines: Respond and deliver services promptly, particularly for rush orders.
  • Labor, Supplies, and Materials: Provide all necessary labor, materials, and supplies to perform the required services.
  • Order Fulfillment: Adhere to a monthly billing template, reviewed with the awarded vendor.
  • Effective Communication: Maintain clear and consistent communication throughout the project lifecycle, providing updates on production status and timelines.
  • Confidentiality: Safeguard and handle any confidential files or data appropriately.

  NOTE: These examples represent the services that may be required; however, the full scope of work is not limited to the items listed above. All work must meet the City's specifications, quality standards, and delivery timelines.

• General Conditions —

  Bidders are required to submit their Bid upon the following express conditions:

  1. Bidders shall make all investigation necessary to thoroughly inform themselves regarding plant and facilities for delivery of material and equipment as required by the Bid conditions. No plea of ignorance by the bidder of conditions that exist or that may hereafter exist as a result of failure or omission on the part of the bidder to make the necessary examinations and investigations, or failure to fulfill in every detail the requirements of the contract documents, will be accepted as a basis for varying the requirements of the City or the compensation to the bidder.
  2. Unless specifically stated otherwise in the specifications, only new products or equipment will be acceptable.
• Product and Service Specifications —

  The bidder must demonstrate the ability to meet or exceed the following specifications:

  • Expedited Services: Provide expedited services for rush orders, where feasible, ensuring that time-sensitive needs are met.
  • Quality Control Standards: Maintain consistent quality control standards across all operations.
    • All services shall be supervised or performed by and experienced painter to ensure compliance with this contract.
    • All services shall follow industry standard practices and manufacturer specifications unless otherwise noted.
  • Equipment: Work must be completed using modern, suitable equipment and maintain high standards of workmanship.
  • Job Sites: Maintain in a neat and orderly manner throughout the duration of the work.
  • Training Program: Provide detailed training for personnel, including but not limited to:
    • Contractor must comply with all terms, conditions, and specifications contained outlined in this contract.
    • Ongoing Training: Include periodic re-training, if applicable, to ensure operational compliance and safety.
  • Laws: The contractor is responsible for adhering to all Federal, State, and local laws applicable to the work. This includes, but is not limited to:
    • Compliance with local zoning and building costs
    • Adherence to public safety regulations
    • Ensuring all required licensing, permitting, and environmental standards are met
  • Sub-Contractors: All Sub-Contractors, third party, specialty contractors, etc. are required to maintain the same and equal requirements as the primary contractor.

  The City reserves the right to modify the scope of work during contract negotiations to align with funding, phasing, or other programmatic needs.

• Term of Contract and Option to Extend —

  Any contract resulting from this solicitation shall be effective on the date that the last required signature is affixed and shall be in effect for two (2) years. The City anticipates that the contract shall be renewed pursuant to the availability of funds and at the discretion of the City.

  The City may request up to an additional sixty (60) days Service Period past the initial or any renewal term to advertise and award a new contract for services / items, without any pricing adjustments.

  It is agreed that the contract will automatically renew two (2) times, for one (1) year renewal terms, unless the City or Contractor serves written notice 60 days before the contract termination, or sixty (60) days before the end of any renewal term. The City will notify Contractor that the contract will not be renewed if funding is unavailable or if the contractor’s past performance is not within industry standards. Notwithstanding anything to the contrary, this contract shall not exceed a total of four (4) years or total $100,000 or more without prior City Council approval.

  1. Price Escalation Clause: Should market conditions warrant an increase, the successful contractor may submit documentation requesting permission to increase pricing no later than 90 days before the end of each twelve (12) months of the contract. If the contractor fails to give timely notice, the price may not be increased. Escalation may only occur after the initial twelve (12) months of the contract or after extension. Nevertheless, any request for an increase shall not be applied automatically but shall only apply upon written approval by the City which may only be withheld without just cause, including but not limited to, insufficient funding. Requests for price increases must be solely for the purpose of accommodating an increase in the contractor's cost, not profits.
  2. Tariff Clause: In the event of any changes in tariffs, duties, or taxes imposed by governmental authorities that directly affect the cost of goods or services provided under this contract, the following provisions shall apply:
  • Notification Requirement: The Contractor shall notify the City in writing within 10 business days upon becoming aware of any such changes. The notification must include:
    • The specific tariff or duty imposed or changed.
    • The effective date of the change.
    • The impact on the cost of the goods or services provided.
    • Supporting documentation, such as official notices or tariff schedules.
  • Adjustment Mechanism: Upon receipt of the notification and supporting documentation, the Procuring Entity and the Contractor shall mutually agree on an equitable adjustment to the contract price. This adjustment will reflect the increased costs attributable to the tariff change and will be implemented in a manner that is fair and reasonable to both parties.
  • Maximum Increase Limit: Any price adjustment due to tariff changes shall not exceed 10% of the original contract price.
  • Limitations: Adjustments under this clause shall be limited to the direct costs incurred due to the tariff change and shall not exceed the actual increase in costs. No adjustments will be made for indirect costs or for any other reasons not directly attributable to the tariff change.
  • Response Timeline: A response to the request for adjustment will be prepared by the Procuring Entity within 10 business days of receipt of the request.
  • Finality of Determinations: All determinations made by the City regarding tariff-related adjustments are final.
• Pricing and Payment Terms —

  Vendors must provide a comprehensive pricing structure that includes:

  • Unit Costs: Detailed breakdown of costs
  • Discounts: Any applicable discounts based on order volume or long-term engagement.
  • Materials Markup - applied to materials
  • Payment Terms: Outline of payment schedules, accepted payment methods, and terms for late payments or early settlements.

  All pricing should be inclusive of all associated costs, including delivery, labor, insurance, taxes, overhead, and profit.

• Preparation of Bid —

  Bid will be prepared in accordance with the following:

  1. All information required by the Bid shall be furnished. The bidder shall print or type his/her name and manually or electronically sign the Bid and each continuation sheet on which an entry is made.
  2. Unit prices shall be shown and where there is an error in extension of the price, the unit price shall govern.
  3. Alternate Bids will not be considered unless authorized by the City within the specifications.
  4. Proposed delivery time must be shown and shall include weekends and holidays if requested by the City.
  5. The City qualifies for exemption from State and Local Sales and Use Taxes pursuant to the provision of Article 20.04(f) of the Texas Limited Sales, Excise and Use Tax Act.  Taxes normally levied on the purchase, rental and lease of materials, supplies and equipment used or consumed in performance of the Contract may be exempted by issuing to suppliers an exemption certificate in lieu of tax. Exemption certificates comply with State Comptroller of Public Accounts Ruling No. 95-0.07. Any such exemption certificate issued in lieu of tax shall be subject to State Comptroller of Public Accounts Ruling No. 95-0.09, as amended. Failure by the Bidder or the bidder’s Subcontractors to take advantage of the City’s exemption and to obtain such exemption certificate shall make him responsible for paying taxes incurred on materials furnished on the Project without additional cost to or reimbursement by the City.
• Description of Supplies —

  Any catalog of manufacturer's reference used in describing an item is merely descriptive, and not restrictive, unless otherwise noted, and is used only to indicate type and quality of material. Bidders are required to state exactly what they intend to furnish; otherwise, they will be required to furnish the item as specified.

• Service and Technical Support —
  • After Hours and Emergency Support: Be available to respond to after-hours and emergency service calls. Response times and scheduling flexibility is defined through Bid.
  • Quality Control Program: Demonstrate adherence to relevant regulatory and industry standards, ensuring quality workmanship in all services provided. Implement inspection, supervision, or follow-up procedures to maintain quality standards.
  • Backup and Disaster Recovery: Provide details of your disaster recovery plan to handle unforeseen disruptions
• Materials / Services Requirements —

  Specifications detailed as per attachments:

  A - TxDot Item 666 Retroflectorized Pavement Markings

  B - TxDot Special Provision to Item 666 Retroflectorized Pavement Markings

  C - TxDot Item 672 Raised Pavement Markers

  D - TxDot Special Provision to Item 672 Raised Pavement Markers

  E - TxDot Item 677 Eliminating Existing Pavement Markings and Markers

  F - Standard Work Zone Pavement Marking Details BC(12) - 14

• Customer Service & Account Management —
  • Support Channels: Offer customer support through designated channels, including but not limited to phone and email.
  • Quality Control: Assign a designated representative for services and quality control, ensuring consistent service delivery.
  • Account Manager: Appoint an account manager responsible for overseeing the City's services, serving as the primary point of contact.
• Submission of Bid —

  By submitting your Bid, you acknowledge that the City of Killeen will not accept any Bid, or execute any submitted contract in conjunction with a Bid that requires the City to agree to any of the following:

  • Governing law other than the law of the State of Texas
  • Venue other than Bell County
  • Mandatory arbitration
  • Artificial limitation of liability
  • Artificial statute of limitation
  • Waiver of trial by jury
  • Indemnify a vendor
  1. Bid and changes thereto shall be enclosed in a sealed envelope addressed to the Purchasing Office, City of Killeen. The names and address of Bidder, the date and hour of the Bid opening and the Bid number shall be placed on the outside of the envelope.
  2. Bids must be submitted on the forms furnished. Telegraphic Bids will not be considered. However, Bids may be modified by written notice provided such notice is received prior to the time and date set for the Bid opening.
  3. All Bid documents shall be sealed and submitted no later than the specified date and hour of the Bid opening to:

  Electronically submit bids to OpenGov E-Bidding Site: (https://procurement.opengov.com/login)

  OR

  Delivery Address:

  City of Killeen

  Attn: Purchasing Division

  802 N 2nd Street, Building G

  Killeen, TX 76541

  or

  SPrice@killeentexas.gov 

• Pricing & Term Renewals —

  A. Pricing shall reflect the full Scope defined herein, inclusive of all associated cost for delivery, labor, insurance, taxes, overhead, and profit. 

  B. Proposer must quote unit pricing in accordance with the itemized listing of products or contract segments.

  Any request in price change with supporting documentation must be sent to :

  City of Killeen

  Attn: Purchasing Division

  802 N 2nd Street

  Building G

  Killeen, TX 76541

  Or

  Email: Purchasing@KilleenTexas.gov

  On the envelope place “Price Change Notification 26-24, Paving Marking Services

  If during any term of this contract, the bidder should enter into any contract with another municipality within Texas for commodities or services with similar scope of work with rates more favorable than those granted to the City of Killeen, the bidder agrees to modify this contract to include such more favorable rates. It is recommended that the bidder provide any rate reduction or discount voluntarily.

• Production Timeline —
  • Lead Times & Deployment Windows: Clarify standard lead times and any expedited service options.
  • After‑Hours & Emergency Response: Restate availability for urgent or off‑hour requests, including defined turnaround expectations.
• Responses/Property of the City of Killeen —

  All materials submitted in response to this request become the property of the City of Killeen. Selection or rejection of a response does not affect this right.

• Rejection of Bid —

  The City may reject a Bid if:

  1. The Bidder mistakes or conceals any material fact in the Bid, or if
  2. The Bid does not strictly conform to law or the requirements of the Bid, or if
  3. The Bid is conditional, except that the Bidder may qualify his Bid for acceptance by the City as an "All or None" basis.

  The City may, however, reject all Bids whenever it is deemed in the best interest of the City to do so, and may reject any part of a Bid unless the Bid has been qualified as provided above.

• No Obligation to Buy —

  The City of Killeen reserves the right to refrain from contracting with any bidder. The release of this solicitation does not compel the City of Killeen to purchase.

• Withdrawal of Bid —

  A bidder may withdraw a bid that has been submitted at any time up to the due date and time. To accomplish this, mailed or hand delivered bids require a written request signed by an authorized representative of the bidder and emailed to the Director of Procurement and Contract Management at SPrice@killeentexas.gov. Bids submitted on the City's eProcurement Portal can be withdrawn on the City's eProcurement Portal. All bids shall be valid for a period of ninety (90) days after the bid opening. The City reserves the right to withdraw this Invitation for Bid for any reason.

• Branding and On-Site Marketing —
  • Consistent Branding: Ensure that all materials, consistently reflect the City's official branding elements. This includes the use of the City's logo, color scheme, and typography to maintain a cohesive and professional appearance. If required by City of Killeen
  • Clear Call-to-Action (CTA): Provide a clear and concise call-to-action, guiding staff on how to access accounts or contact customer service. This could be facilitated through QR codes, personalized URLs, or direct contact information.
  • Regulatory Compliance: Adhere to all relevant regulatory requirements in the design and content of materials. This includes ensuring that all necessary disclosures are included and that the materials are accessible to all customers, including those with disabilities.
  • Feedback Mechanisms: Implement mechanisms for staff to provide feedback on materials and processes. This could include surveys or contact information for customer service. Feedback is invaluable for continuous improvement and satisfaction.
  • Ownership of Designs: All designs, files, and materials produced as part of this contract shall become the exclusive property of the City of Killeen. The selected vendor waives all claims to intellectual property rights related to the designs or materials and agrees to transfer ownership and usage rights to the City upon completion or delivery of the project.
• Late Bid or Modifications —

  Bid and modifications received after the time set for the Bid opening will not be considered.

• Cost of Preparing Bids —

  The City of Killeen is not liable for any costs incurred by bidders in the preparation and presentation of bids and demonstrations submitted in response to this solicitation.

   

• Licensing and Certifications —
  • Local and State Compliance: Vendors must possess and maintain all required licenses and permits to operate and provide printing and mailing services within the City of Killeen, Bell County, and the State of Texas.
  • Federal Compliance: Vendors must not be listed on the federal debarment, suspension, or excluded parties list (as maintained by the U.S. General Services Administration) and must certify their eligibility to contract with federal and federally funded entities.
  • Regulatory Compliance: All services provided must comply with federal procurement and compliance guidelines applicable under the American Rescue Plan Act (ARPA) if funding is sourced through ARPA or other federal disaster recovery programs.
  • Personnel Certification: Personnel performing installation or service must be properly certified and in compliance with local, state, federal, OSHA, and FEMA regulations.
  • Subcontractor Compliance: Subcontractors must also meet all licensing and compliance requirements, and adherence to federal procurement guidelines.
• Withdrawal of Bid —

  A bidder may withdraw a bid that has been submitted at any time up to the bid opening due date and time. To accomplish this, a written request signed by an authorized representative of the bidder shall be submitted to SPrice@KilleenTexas.gov.  Once the bids are opened, all bids shall be valid for a period of ninety (90) days after the bid opening.

  The City reserves the right to withdraw this Invitation for Bid for any reason.

• Delivery and Job Requirements —

  The Bidder must demonstrate the ability to meet the following delivery and job requirements:

  • Timely Delivery: Ensure all materials and services are delivered to the City promptly, adhering to the agreed-upon schedule.
  • Proper Labeling and Packaging: All materials must be appropriately labeled and packaged to prevent damage during transit and to facilitate easy identification upon receipt.
  • Notification of Delays: In the event of any delays in delivery or job completion, the Proposer must immediately notify the City and provide updated timelines for the completion of services.
  • Tracking Information: Provide tracking details for all shipped orders to facilitate coordination of delivery and to ensure transparency in the shipping process.
  • 72-Hour Delivery Capability: Demonstrate the ability to provide services within 72 hours or less of receiving a call, depending upon necessity, to accommodate urgent special requirements.
  • Emergency Services: Offer emergency services for situations that require expedited processing and delivery, ensuring minimal disruption to the City's operations.
  • Quality Assurance: Implement quality control measures to ensure that all materials are delivered or completed without errors, and that any issues are promptly addressed to maintain the integrity of the process.
  • Compliance with Regulations: Adhere to all relevant postal and regulatory requirements to ensure that all mailings qualify for the lowest applicable postage rates and comply with all legal standards.
  • Documentation and Reporting: Maintain accurate records of all deliveries and job completions, and provide the City with regular reports detailing the status of ongoing and completed services.
  • 24/7 Availability: Offer After-Hours / Emergency service calls
  • Response Time Guarantee: Be able to provide a clear outline of the vendor's ability to meet the emergency response time requirement.
• Clarification or Objection to Bid Specifications —

  If any person contemplating submitting a Bid for this contract is in doubt as to the true meaning of the specifications, or other Bid documents, or any part thereof, he may submit a request for clarification by the deadline established in the Bid through the OpenGov e-bidding site. All such requests for information shall be made in writing and the person submitting the request will be responsible for its prompt delivery. Any interpretation of the Bid, if made, will be made only by an Question & Answer section or addendum duly issued. It is the bidders responsibility to acknowledge all addenda within the OpenGov system. The City will not be responsible for any other explanation or interpretation of the proposed Bid made or given prior to the award of the contract. Any objection to the specifications and requirements, as set forth in the Bid documents must be filed in writing with the Purchasing Division by the deadline established in the Bid.

• Subcontractor Requirements —
  • Identification and Qualifications: Vendors must clearly identify any subcontractors involved in the proposal and provide a detailed description of their qualifications and experience relevant to the tasks assigned.
  • Responsibility: The primary vendor remains responsible for all subcontractor work and must ensure that subcontractors meet the same licensing, certification, and compliance standards as the primary vendor.
• Bidding Error —

  The City of Killeen will not be liable for any errors in any bidders bid. Bidders will not be allowed to alter bids after the deadline for the submission of bids.

  When, after the opening and tabulation of bids, a bidder claims error, and requests to be relieved of award, the bidder will be required to promptly present corrected data in writing signed by an authority figure with the company. This written response shall be received by the Purchasing Division within two (2) business days after the stated bid open time and date.  The Purchasing Division will review the data and if the City is convinced, by clear and convincing evidence, that an honest, mathematically excusable error or critical omission of costs has been made, and said error is legally excusable, the bidder may be relieved of its bid. The City will decide within ten (10) business days of receipt of the written response and notify the bidder of the outcome.

• Discounts —
  1. Prompt payment discounts will be considered in making the award provided the period of the discount offered is sufficient to permit payment within such period in the regular course of business.
  2. In connection with any discount offered, time will be computed from the date of receipt of supplies or services or from the date a correct invoice is received, whichever is the later date. Payment is deemed to be made on the date of mailing of the check. 
• Single Bid Response —

  A single response to this solicitation may be deemed a failure of competition and in the best interest of the City of Killeen, the response received may be rejected.

• Additional Considerations —

  Disclose any additional terms, service limitations, or conditions applicable to your submission.

• Award of the Contract —

  The contract will be awarded to the lowest and/or the most responsible bidder; or, if applicable, to the responsible bidder who provides goods or services at the most advantageous value for the municipality. “Lowest responsible bidder” means the bidder submitting the lowest bid meeting all requirements of the specifications, instructions, and terms and conditions of the bid and who has the financial and practical ability to perform all obligations of the contract fully and reliably. In evaluating this, the municipality will take into account the bidder’s qualifications and past performance.

  The following are examples of performance (not exhaustive) that may lead to a determination that a bidder is not responsible:

  • Falsification of information provided in bid response;
  • Non-observance of safety requirements;
  • Failure to meet requirements of federal, state, or local law, as applicable, including employment;
  • Substantial failure to adhere to contractually agreed-upon schedules; and
  • Poor past performance on City projects such as use of defective materials, refusal to correct defective work not in accordance with contract documents, failure to reasonably resolve disputes, termination for cause, or performance leading to litigation.

  Determination of most advantageous Bid for the municipality may be based on, but not limited to:

  • Unit price
  • Total Bid price
  • Terms and discounts
  • Delivery date
  • Product warranty
  • Special needs and requirements of City
  • Past experience with product/service
  • City's evaluation of the bidder's ability, financial strength, and ethical standards
  • Quality of the bidder’s goods or services
  • The extent to which the goods or services meet the municipality’s needs
  • Bidder's past performance
  • Demurrage charges, freight costs and mileage
  • Estimated costs of supplies, maintenance, etc.
  • Estimated surplus value, life expectancy
  • Results of testing samples
  • Conformity to specifications
  • Training requirements, location, etc.
  • Location of maintenance facility/service person; ability to provide for minimum down time
  • The total long-term cost to the municipality to acquire the bidder’s goods or services
  • Reputation of bidder and of bidder goods and services
  1. Weighted Award: If the bid specifies that evaluation will be made using a weighted award method (e.g. price plus qualifications, delivery time, warranty, service, etc.), bidders should ensure they address all factors used in the scoring. A bidder might have the lowest price but not win the contract if, under the weighting scheme, another bidder’s overall “value” (price plus non‑price factors) is determined to be more advantageous to the municipality.
  2. The City reserves the right to accept any item or group of items of this Bid, unless the Bidder qualifies his Bid by specific limitation. 
  3. A written award of acceptance mailed or otherwise furnished to the successful Bidder(s) will then be followed up with a contract/service agreement for review by the City’s legal team, if not otherwise specified within.
  4. Prices must be quoted "F.O.B. Destination (Killeen) with all transportation charges prepaid," unless otherwise specified in the Bid.
  5. If identical Bids are received from two or more bidders and those Bids are the lowest and best Bid, the tie shall be broken in accordance with provisions in Chapter 271.901 of the Texas Local Government Code.
  6. As stated in Section 271.905 (b) of the Texas Local Government Code, “In purchasing under this title any real property or personal property that is not affixed to real property, if a local government receives one or more competitive sealed Bids from a bidder whose principal place of business is in the local government and whose Bid is within three percent of the lowest Bid price received by the local government from a bidder who is not a resident of the municipality, the local government may enter into a contract with: (1) the lowest bidder; or (2) the bidder whose principal place of business is in the local government if the governing body of the local government determines, in writing, that the local bidder offers the local government the best combination of contract price and additional economic development opportunities for the local government created by the contract award, including the employment of residents of the local government and increased tax revenues to the local government.”
  7. As stated in Section 271.9051 (b) of the Texas Local Government Code, “In purchasing real property or personal property that is not affixed to real property, or services, if a municipality receives one or more competitive sealed Bids from a bidder whose principal place of business is in the municipality and whose Bid is within five percent of the lowest Bid price received by the municipality from a bidder who is not a resident of the municipality, the municipality may enter into a contract for an expenditure of less than $100,000 or a contract for other purchases in an amount of less than $500,000 with: (1) the lowest bidder; or (2) the bidder whose principal place of business is in the municipality if the governing body of the local government determines, in writing, that the local bidder offers the municipality the best combination of contract price and additional economic development opportunities for the municipality created by the contract award, including the employment of residents of the municipality and increased tax revenues to the municipality.”
  8. The city reserves the right to purchase from the next most responsible bidder for failure to provide specified material at time of order or if materials are not available at time specified.
• Award of Bid —

  The City will award the bid, if any, in a manner described in the General Terms and Conditions. 

  During the evaluation process, the City may initiate discussions with vendors. Discussions may not be initiated by offerors. These discussions will be limited to issues and topics brought forth by the City. Any attempt by proposer or vendor at deviating from the issues and topics to discuss other issues and topics shall be grounds for disqualification.

  The city reserves the right to purchase from the next most responsible bidder for failure to provide specified material at time of order or if materials are not available at time specified.

• Ex Parte Communication —

  Please note that to ensure the proper and fair evaluation of a proposal, the City prohibits ex parte communication (e.g., unsolicited) initiated by the Proposer to a City Official or employee evaluating or considering the proposal prior to the time a formal decision has been made. Questions and other communication from proposers will be permissible with only the Director of Procurement and Contract Management until the time and the day specified as the deadline for questions. Any communication between Proposer and the City after the deadline for questions will be initiated by the appropriate City Official or employee in order to obtain information or clarification needed to develop a proper and accurate evaluation of the proposals. Participation in any ex parte communication, whether or not initiated by the Proposer, may be grounds for disqualifying the offending proposer from consideration or award of the solicitation then in evaluation, or any future solicitation.

  Additionally, neither the City of Killeen City Council nor City staff, except in the course of City-Sponsored inquiries, briefings, interviews, or presentations, shall initiate any contact with a Proposer or directly discuss or promote any proposal with any Proposers, including their agents and representatives.

• Samples —

  Brands and part numbers, where listed, are used for specification references only, unless otherwise stated, and are not intended to limit consideration of an approved equal. Descriptive information and/or a sample may be requested and shall be provided at no cost to the City to determine equality of substituted products.

• Bid Protest —

  Any bidder wishing to file a protest concerning alleged improprieties with this solicitation must submit the protest in written format to the Purchasing Division within 5 business days after the specified time of the Bid opening. The formal written protest must identify the name of the bidder contesting the solicitation, the project name and number, and the specific grounds for the protest with all supporting documentation. A response to the protest will be prepared by Purchasing within 10 business days of receipt of the protest. All determinations made by the City are final.

• Equal Clause —

  Whenever an article or material is defined by describing a proprietary type product, or by using the name of a manufacturer or vendor, the term “or equal” if not inserted, shall be implied. The specific item mentioned shall be understood as indicating the type, function, minimum standard of design, efficiency, and quality desired, and shall not be construed in such a manner as to exclude manufacturer’s products of comparable quality, design, and efficiency.

• Termination for Governmental Non-Appropriations —

  This contract is a commitment of the City’s current revenues only. Should the terms of the Bid require payment of funds over more than the current fiscal year ending September 30, the following shall apply:

  1. For each lease, City represents and warrants: that it has appropriated and budgeted the necessary funds to make all rent payments required pursuant to such lease for the remainder of the fiscal year in which the payment term commences; and that it currently intends to make rent payments for the full lease term as scheduled in the applicable payment schedule if funds are appropriated for the rent payment in each succeeding fiscal year by its governing body. Without contractually committing itself to do so, City reasonably believes that monies in an amount sufficient to make all rent payments can and will lawfully be appropriated; therefore, City agrees to budget requests to include the rent payments payable during each fiscal year in the budget requests presented to City’s governing body for each fiscal year; provided, that City’s governing body retains authority to approve or reject any such budget request. All rent payments shall be payable out of the general funds of the City or out of other funds legally appropriated, therefore. Lessor agrees that no lease will be a general obligation of the City and no lease shall constitute a pledge of either the full faith and credit of the City or the taxing power of the City.
  2. If City’s governing body fails to appropriate sufficient funds in any fiscal year for rent property or other payments due under a lease and if other funds are not legally appropriated for such payment, then a non-appropriation event shall be deemed to have occurred. If a non-appropriation event occurs, then: (1) the City shall give lessor immediate notice of such non-appropriation event and provide written evidence of such failure by the City’s governing body; (2) on the return date, the City shall return to Lessor all of the equipment covered by the affected lease, at the City’s sole expense; (3) the affected lease shall terminate on the return date without penalty to the City; (4) return date means the last day of the fiscal year for which appropriations were made for the rent payments due under a lease.
• Specifications —

  Any reference to model/make/manufacturer used in bid specifications is descriptive, not restrictive. It is used to indicate the type and quality desired. Bids on items of like quality will be considered unless indicated by stating no substitutions allowed. The bidder shall note in writing any deviations from the specifications and shall submit those changed specifications as alternates.

• Termination of Contract —

  This contract shall remain in effect until the contract expires, delivery/completion and acceptance of products and/or performance of services ordered, or until terminated by either party with a thirty (30) day written notice prior to any cancellation. All bidders must state therein the reasons for such cancellation. The City reserves the right to award a cancelled contract to the next best offeror as it deems to be in the best interest of the City.

• City of Killeen Rights —

  The City of Killeen reserves the right to accept or reject any and all bids, to award the contract for any items as it may appear advantageous to the City, and to waive any informalities or irregularities in the process.

• Assurance of Compliance —

  For Equal Employment Opportunity and Small and/or Minority Business Enterprise Requirements the bidder agrees that if this Bid is accepted, he/she will not engage in employment practices which have the effect of discriminating against employees or prospective employees because of race, color, religion, national origin, sex, age, handicap, or political belief or affiliation.

• Estimated Quantities —

  Specific quantities for certain items are unknown at the time of solicitation and, therefore, the City cannot provide a guaranteed minimum amount or estimated quantity for any material. This approach ensures flexibility and responsiveness to the City's evolving needs and budgetary constraints. To do otherwise, would require the City to obligate itself to purchase materials that it is unable to pay for or that it has no use for. 

  If quantities are listed they are estimates and the City may increase or decrease the number of items needed. These estimated quantities shall not be construed as a minimum or a maximum quantity that the City of Killeen may need.

• Conflict of Interest Disclosure Questionnaire —

  The Bidder agrees that if a member of the City Council, a Councilmember’s close relative, or any officer or employee of the City has a financial interest, direct or indirect, or by reason of ownership of stock in any corporation, in any contract with the City, or be financially interested, directly or indirectly, in the sale to the City any land, materials, supplies or services except on behalf of the City, as an officer or employee, the official shall file before a vote or decision on any matter involving the business entity or the real property, an affidavit stating the nature and extent of the interest and shall abstain from further participation in the matter if:

  1. in the case of a substantial interest in a business entity the action on the matter will have a special economic effect on the business entity that is distinguishable from the effect on the public; or
  2. in the case of a substantial interest in real property, it is reasonably foreseeable that an action on the matter will have a special economic effect on the value of the property, distinguishable from its effect on the public.

  Chapter 176 of the Texas Local Government Code mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Killeen, including affiliations and business and financial relationships such persons may have with the City of Killeen. An explanation of the requirements of Chapter 176 and complete text of the new law are available at: https://www.ethics.state.tx.us/forms/conflict/.

  A copy of the Conflict of Interest Disclosure Questionnaire must be provided to the City of Killeen upon request within seven (7) business days after contract discussions or negotiations.

• Gratuities —

  It shall be a breach of ethics to offer, give, or agree to give any employee of the City or for any employee of the City to solicit or accept from another person, a gratuity, or an offer of employment in connection with any decision regarding any part of a program requirement, proposal, or purchase request pending before the City.

• Minimum Qualifications —

  Bidders must have a minimum of two (2) years of continuous operation in providing requested services.

• Responsibilities of Vendors and Manufacturers —

  The responsibility for compliance with these specifications shall lie with the vendors and the manufacturers. Vendors and/or manufacturers are expected to provide prompt service that is due under warranty.

  Prices in the Bid Packet may not be withdrawn during the contract period. In the event of non-compliance, the City of Killeen reserves the right to purchase elsewhere and charge the difference in price to the contracted vendor.

• Kickbacks —

  It shall be a breach of ethics for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor for any contract for the City, or any person associated therewith, as an inducement for the award of a subcontract or order.

• Invoicing and Payment —

  The City shall be billed only for the services awarded in this bid. The City of Killeen is sales tax exempt. The bidder shall have the capability to invoice accurately, making any corrections on the original invoice. Invoices shall be correct when received with the prices shown within your bid submission.

  If a discrepancy is found on any invoice, the City department will phone your customer service point of contact for correction. Payment will be made within 30 days of receipt of an accurate invoice unless the bidder has provided discount payment terms such as 2% 15 net 30 days. No down payment or advance payment of any kind shall be made. In no circumstances should any invoice dispute last longer than thirty (30) days.

  All invoices shall be submitted to the City of Killeen, Attn: Engineering Services, 3201A South W.S. Young Drive, Killeen, TX 76542.

  Department name should reflect the City Department ordering materials / services.

  Bidders shall list any rebate opportunities they choose to provide the City in a section clearly labeled at the end of their bid submission.

• Venue for Legal Action —

  This agreement shall be governed and construed according to the laws of the State of Texas. Venue for purposes of any and all lawsuits, causes of actions, claims or disputes shall be in Bell County, Texas.

• Service / Delivery Requirements —

  Ensure timely delivery, with proper labeling and packaging.

  Notify the City immediately of any delivery / job delays and provide updated timelines.

  Provide all tracking details for all shipped orders to facilitate coordination of delivery.

  Must offer After-Hours / Emergency services calls and / or deliveries as required per project.

  Provide Services within 72 hours or less of receiving a all, depending upon project necessity.

  Deliveries / Pickups shall be made to any City of Killeen location. Delivery can be scheduled Monday through Friday between the hours of 5:00 a.m. and 6:00 p.m. Central Standard Time, except holidays as noted below. 

  The City shall have the ability to schedule the best date and time of the week for their deliveries. For questions and/or assistance Monday through Friday between the Hours of Operation for Engineering Services or Department ordering materials or services.

• Conflicts in Terms and Conditions for Bids —

  If any conflicts exist between the Terms and Conditions for Bids and the standard form of agreement between the owner and Bidder, the standard form of agreement between the owner and bidder shall prevail.

• Insurance —

  All proposers shall have the appropriate amount of insurance while delivering the items once awarded, this coverage shall be present as to cover all losses up until the City accepts the items in writing.

  A. Comprehensive General Liability and Property Damage Insurance.

  The Proposer shall take out and maintain during the life of this Contract such Comprehensive General Liability and Property Damage Insurance as shall protect the City from claims for damages or personal injury, including accidental death, as well as from claims for property damages which may arise from delivering the item under this contract, whether such operations be by himself or by a subcontractor or by anyone directly or indirectly employed by either of them, and the minimum amounts of such insurance shall be as follows:

  1. Bodily Injury

  1. Each Occurrence - $1,000,000
  2. Annual Aggregate - $2,000,000

  2. Property Damage Insurance

  1. Each Occurrence - $1,000,000
  2. Annual Aggregate - $2,000,000

  B. Comprehensive Automobile Liability.

  1. Bodily Injury
  1. Each Person - $500,000
  2. Each Accident - $1,000,000
  2. Property Damage
  1. Each Occurrence - $1,000,000+ 

  The vendor must ensure that any subcontractors have appropriate insurance coverage that meets or exceeds the requirements outlined in the Bid. Proof of subcontractor insurance must be provided upon request.

• Holidays —

  Delivery will not be available on regular City holidays. Below is a list of City holidays (please note if holiday falls on a weekend check with the City for the observed date):

  • New Year’s Day
  • Martin Luther King Day
  • President’s Day
  • Good Friday
  • Memorial Day
  • Juneteenth
  • Independence Day
  • Labor Day
  • Veteran’s Day
  • Thanksgiving Day
  • Day After Thanksgiving
  • Christmas Eve
  • Christmas Day

  The department shall have the ability to schedule the best date and time of the week for their deliveries.

  Any exceptions to this delivery arrangement will be discussed by the City prior to bid award.

• Disclosure of Interested Parties —

  Texas Government Code Section 2252.908 requires that parties contracting with governmental entities submit a disclosure of interested parties form for contracts entered into after January 1, 2016.

  Successful bidders must process the electronic filing application located on the Texas Ethics Commission website: https://www.ethics.state.tx.us/filinginfo/1295/. 

  A certified copy of the Certificate of Interested Parties Form 1295 must be provided to the City of Killeen prior to City Council approval of the Bid award.

• Emergency Business Service Contact Notice —

  During a natural disaster, or homeland security event, there may be a need for the City of Killeen to access your business for products or services after normal business hours and/or holidays. The City may request City employee pick up or vendor delivery of product or services.

  For this purpose, a primary and secondary emergency contact name and phone number are required. It is critical the vendor's emergency contact information remains current. City shall be contacted by E-mail with any change to a contact name or phone number of these emergency contacts. Updates may be emailed to SPrice@killeentexas.gov

  All products or services requested during an emergency event are to be supplied as per the established contract prices, terms and conditions. The vendor shall provide the fee (pricing) for an after-hours emergency opening of the business, if any. In general, orders will be placed using a City of Killeen procurement card (Master Card) or City issued Purchase Order. The billing is to include the emergency opening fee, if applicable.

  The contractor shall provide the names, phone numbers and fee (pricing), if any, for an after-hour’s emergency opening of the business listed below.

• Community Development Block Grant (CDBG) —

  Projects may be funded in whole or in part by the U.S. Department of Housing and Urban Development Community Development Block Grant (CDBG) or Home Investment Partnerships Act (HOME Program) and may be subject to submittal of certified payroll documentation as required by HUD funded construction projects to the extent required by Davis-Bacon and Related Acts (DBRA); confirmation of eligibility for participation through the Excluded Parties Listing System (EPLS) - System for Award Management (SAM.gov) or the Texas Debarred Vendor List.

• Copyright Materials —

  Materials listed in your bid submission that are copyrighted shall be listed clearly under a copyrighted materials section within your bid submission.

• Acknowledgement – “Boycott Israel” —

  By signing and submitting this bid the vendor hereby verifies that it does not boycott Israel and will not boycott Israel during the term of this contract. Boycotting Israel is defined in Texas Government Code section 808.001 to mean refusing to deal with, terminating business activities with, or taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes.

• Non-Endorsement —

  As a result of the selection of a bidder to supply products and/or services to the City of Killeen, the City of Killeen is neither endorsing nor suggesting that the bidder’s product is the best or only solution. The bidder agrees to make no reference to the City of Killeen in any literature, promotional material, brochures, sales presentation or the like without the express written consent of the City of Killeen.

• Organization of Your Bid Submission —

  Your bid submission shall be organized in the format shown within this bid. Any exception(s) or additional information provided shall be referenced in your bid submission behind the bid packet.

• Acknowledgement – "Boycott Energy Companies” —

  By signing and submitting this bid the vendor hereby verifies that it does not boycott energy companies and will not boycott energy companies during the term of the contract. “Boycott energy company” is defined in Texas Government Code section 809.001 to mean, without an ordinary business purpose, refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations with a company because the company: (A) engages in the exploration, production, utilization, transportation, sale, or manufacturing of fossil fuel-based energy and does not commit or pledge to meet environmental standards beyond applicable federal and state law; or (B) does business with a company described by Paragraph (A).

• Acknowledgement – “Prohibition on contracts with companies that discriminate against firearm and ammunition industries” —

  By signing and submitting this bid the vendor hereby verifies that it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and will not discriminate during the term of the contract against a firearm entity or firearm trade association. Discriminate against a firearm entity or a firearm trade association are defined in Texas Government Code section 2274.001 as (A) with respect to the entity or association, to (i) refuse to engage in the trade of any goods or services; (ii) refrain from continuing an existing business relationship; (iii) terminate an existing business relationship; or (iv) otherwise express a prejudice against the entity or association; and (B) does not include the established policies of a merchant, retail seller, or platform that restrict or prohibit the listing or selling of ammunition, firearms, or firearm accessories.

• Licensing and Certifications-as required —

  Local and State Compliance: Vendors must possess and maintain all required licenses and permits to operate and provide services within the City of Killeen, Bell County, and the State of Texas.

  Federal Compliance: Vendors must not be listed on the federal debarment, suspension, or excluded parties list (as maintained by the U.S. General Services Administration) and must certify their eligibility to contract with the federal and federally funded entities. 

  Regulatory Compliance: All services provided must comply with the federal procurement and compliance guidelines applicable under the American Rescue Plan Act (ARPA) if funding is sourced through ARPA or other federal disaster recovery programs.

  Personnel Certifications: Personnel performing installation or service must be properly certified and in compliance with local, state, federal, OSHA, and FEMA regulations as required .

• Subcontractor Requirements —

  The primary vendor remains responsible for all subcontractors work.

  Identification and Qualifications: Vendors must identify any subcontractors involved in the proposal and provide a detailed description of their qualifications and experience relevant to the tasks assigned.

   Responsibility: The primary vendor remains fully responsible for all subcontractor work and must ensure that subcontractors meet the same licensing, certification, and compliance standards as the primary vendor.

Submission Requirements

• Conflict of Interest Questionnaire (Form CIQ) (required) —

  Pursuant to Chapter 176 of the Texas Local Government Code, vendors contracting with or seeking to contract with the City of Killeen must file a completed Conflict of Interest Questionnaire (Form CIQ) with the appropriate records administrator no later than seven (7) business days after beginning contract discussions or negotiations, or after submitting a response to this solicitation. The Form CIQ can be downloaded here:

   https://www.ethics.state.tx.us/data/forms/conflict/CIQ.pdf

  Please confirm your understanding and willingness to promptly download, complete, and submit the Form CIQ upon the City’s request:

• References (required) —

  Contractors shall submit at least three (3) business references for the proposed item. Each reference must include:

  • Business name
  • Contact person
  • Address
  • Telephone number
  • Email address (if available)

  References should be from customers for whom the contractor has provided similar services or products. These references may be contacted by the City of Killeen as part of the evaluation process.

  Please download, complete, and upload the following document:

• Certificate of Interested Parties (Form 1295) (required) —

  If awarded a contract, the vendor must submit the Certificate of Interested Parties (Form 1295) online through the Texas Ethics Commission’s filing application as required by Texas Government Code Section 2252.908. A business entity must use the Commission’s online system to enter the required information, generate the form, and obtain a unique certification of filing number. An authorized agent of the business entity must sign the printed copy, and that certified copy must be provided to the City of Killeen within seven (7) business days after contract discussions or negotiations.

  The online filing system is available at: https://prd.tecprd.ethicsefile.com/File

  Please confirm that you will download, complete, and submit the Certificate of Interested Parties (Form 1295) immediately upon request by the City of Killeen and in accordance with the filing requirements:

• Acknowledgement – “Boycott Israel" (required) —

  By submitting this proposal, the vendor hereby acknowledges that it does not boycott Israel and will not boycott Israel during the term of this contract. Boycotting Israel is defined in Texas Government Code section 808.001 to mean refusing to deal with, terminating business activities with, or taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes.

• Acknowledgement – "Boycott Energy Companies” (required) —

  By submitting this proposal, the vendor hereby acknowledges that it does not boycott energy companies and will not boycott energy companies during the term of the contract. “Boycott energy company” is defined in Texas Government Code section 809.001 to mean, without an ordinary business purpose, refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations with a company because the company: (A) engages in the exploration, production, utilization, transportation, sale, or manufacturing of fossil fuel-based energy and does not commit or pledge to meet environmental standards beyond applicable federal and state law; or (B) does business with a company described by Paragraph (A).

• Acknowledgement – “Prohibition on contracts with companies that discriminate against firearm and ammunition industries” (required) —

  By submitting this proposal, the vendor hereby acknowledges that it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and will not discriminate during the term of the contract against a firearm entity or firearm trade association. Discriminate against a firearm entity or a firearm trade association are defined in Texas Government Code section 2274.001 as (A) with respect to the entity or association, to (i) refuse to engage in the trade of any goods or services; (ii) refrain from continuing an existing business relationship; (iii) terminate an existing business relationship; or (iv) otherwise express a prejudice against the entity or association; and (B) does not include the established policies of a merchant, retail seller, or platform that restrict or prohibit the listing or selling of ammunition, firearms, or firearm accessories.

• Acknowledgment – “Antitrust Law Certification” (required) —

  By submitting this proposal, the vendor hereby acknowledges that neither the vendor nor the entity represented by the vendor, or anyone acting for such entity has violated the antitrust laws of the State of Texas, codified in Section 15.01 et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly, prior to the solicitation opening with any competitor or any other person engaged in such line of business.

• Acknowledgement - Community Development Block Grant (CDBG) (required) —

  By submitting this proposal, the vendor hereby acknowledges understanding that projects may be funded in whole or in part by the U.S. Department of Housing and Urban Development Community Development Block Grant (CDBG) or Home Investment Partnerships Act (HOME Program) and may be subject to submittal of certified payroll documentation as required by HUD funded construction projects to the extent required by Davis-Bacon and Related Acts (DBRA); confirmation of eligibility for participation through the Excluded Parties Listing System (EPLS) - System for Award Management (SAM.gov) or the Texas Debarred Vendor List.

• Criminal Convictions Disclosure (required) —

  Has the owner(s) of the company been convicted of a crime within the past ten (10) years (excluding minor traffic violations)?

• Criminal History Disclosure (required) —

  Have you, or any member of your Firm or Team to be assigned to this engagement, ever been indicted or convicted of a felony or a misdemeanor greater than a Class C (excluding minor traffic violations) in the last five (5) years?

• Litigation / Claims History (required) —

  Has your Firm or Team, you, or any member of your Firm or Team been involved in any claim, lawsuit, arbitration, or litigation with the City of Killeen or any other Federal, State, Local Government, or private entity during the last ten (10) years?

• Termination for Work Disclosure (required) —

  Has your Firm or Team, you, or any member of your Firm or Team ever been terminated (for cause or otherwise) from any contracted work performed for the City of Killeen or any other Federal, State, Local Government, or private entity?

• Bankruptcy / Reorganization Disclosure (required) —

  Has the company been in bankruptcy, reorganization, or receivership in the last five (5) years (whether voluntary or involuntary)?

• Operational History - Continuous Services Provided (required) —

  Has the company provided continuous services as requested in this solicitation and operated in this capacity for two (2) years without interruption?

• Disclosure of Debarment, Suspension, or Exclusion (required) —

  Has the company been disqualified, debarred, suspended, or listed on any excluded parties list (including, but not limited to, the General Services Administration’s list of parties excluded from federal procurement and nonprocurement programs) by any public agency, including the Federal Government?

• Disclosure of City Employee/Official Financial or Other Interest (required) —

  Does any City of Killeen employee or official (including elected officials or appointed board/commission members) or any immediate family member of such persons have any financial or other interest in your company (e.g., ownership, employment, equity, consulting relationship, or other benefit)?

• Ability to Perform Services as Specified (required) —

  Can the company perform and provide the services exactly as described in the solicitation specifications and Scope of work?

• Service Commencement After Award (required) —

  When can the company begin providing services after award? Please state the number of calendar days required from award/notice to proceed until the company can commence full performance of the services requested in this solicitation:

  Answer (number of days):

• Point of Contact to Resolve Issues (Delivery or Invoice) (required) —

  Please provide the primary point of contact the City may reach regarding service issues, delivery questions, or invoice/payment matters. Include the following information:

  • Name:
  • Title/Role:
  • Company:
  • Mailing Address:
  • Phone Number:
  • Email Address:
• Cooperative Governmental Purchasing Notice (required) —

  Other governmental entities may maintain interlocal agreements with the City of Killeen and may elect, but are not obligated, to purchase goods and services defined in this Invitation to Bid (ITB) from the successful bidder. Any such purchases by another governmental entity will be billed directly to and paid by that entity. The City of Killeen will not be responsible for another entity’s debts. Each governmental entity will place its own orders with the successful bidder and will be responsible for ensuring full compliance with the ITB specifications. Prior to purchases by other governmental entities, the City will notify the successful bidder of their intent.

  Please indicate below if you will permit other governmental entities to purchase from your agreement with the City of Killeen:

• Copyrighted / Confidential Information – Texas Public Information Act (required) —

  All bids or proposals, data, and information submitted to the City of Killeen are subject to release under the Texas Public Information Act (PIA), unless the information is specifically exempt from disclosure under the Act or other applicable law. Information submitted to the City is presumed to be available to the public upon request, and may be released unless a statutory exception applies or the Office of the Attorney General determines it should be withheld.

  You are not encouraged to submit data and/or information that you consider to be confidential or proprietary unless it is absolutely necessary for the City to understand and evaluate your submission.

  Instructions for Submitting Confidential/Proprietary Information

  • Clearly label each page that contains information you believe to be confidential or proprietary.
  • Do not label entire documents wholesale; only the specific portions you consider confidential should be marked.
  • You may use colored paper (e.g., yellow or pink) to assist in distinguishing pages with claimed confidential information.
  • Failure to clearly label the specific information on the actual pages will be considered a waiver of confidential/proprietary rights in that information.

  If the City receives a public information request that involves your submission, the City will notify you so you may assert your claim of confidentiality to the Office of the Attorney General and provide reasons supported by applicable law.

  Please indicate below:

• Location of Confidential Information (required) —

  If your proposal contains confidential or proprietary information, please identify where it is located. Be as specific as possible so that the City can locate the information quickly if a Public Information Act request is received.

  For each instance of confidential or proprietary information in your proposal, include:

  • Section/Tab Name:
  • Page Number(s):
  • Paragraph/Table/Item Reference:
  • Brief Description of Information Claimed as Confidential:
• Insurance Compliance (required) —

  Does the contractor maintain the insurance coverage as specified in the insurance requirements section of this solicitation, including minimum coverages, limits, and any proof of insurance requirements (e.g., certificates of insurance)?

• Company’s First Year of Business Operation (required) —

  Please indicate the first year your company began business operations (the calendar year the company was established and began providing services):

  This helps the City understand the vendor’s experience and length of operation as part of its responsibility determination.

  Answer (Years):

• Insurance Broker Information (required) —

  Please provide the insurance broker or agent information for the insurance policies that cover your company’s operations related to this solicitation. Include each of the following:

  • Insurance Broker / Agency Name:
  • Contact Name:
  • Phone Number:
  • Fax Number (if applicable):
  • Email Address:

  Collecting broker contact information is a standard part of vendor questionnaires so the awarding agency can verify coverage or follow up on policy details if needed.

• Pending Insurance Claims (required) —

  Are there any claims currently pending against your company’s insurance policies?

• Recent Sales / Public Agency Project History (required) —

  Please list up to five (5) of your most recent sales or contract engagements with other public agencies (governmental entities) and/or other customers that are relevant to the goods/services defined in this solicitation. Include the following information for each:

  • Customer/Agency Name:
  • Contact Person and Title:
  • Phone Number:
  • Description of Goods/Services Provided:
  • Contract/Order Amount ($):
  • Date(s) of Performance/Delivery:
• Emergency Business Service Contact Notice (required) —

  During a natural disaster, homeland security event, or other emergency situation, the City of Killeen may need access to your business for products or services after normal business hours and/or on holidays. The City may request City personnel pick up or vendor delivery of products or services in such events.

  For this purpose, vendors must provide both a primary and a secondary emergency contact name and phone number, and it is critical that this emergency contact information remains current. Vendors shall notify the City by email of any changes to the emergency contact names or phone numbers. Updates may be emailed to: SPrice@killeentexas.gov

  All products or services requested during an emergency event are to be supplied at the established contract prices, terms, and conditions. Vendors shall also provide the fee (pricing) for an after‑hours emergency opening of the business, if applicable. In general, orders will be placed using a City of Killeen procurement card (MasterCard) or a City‑issued Purchase Order, and billing must include any emergency opening fee.

  Please download the document listed below, complete it in full, and upload it with your proposal submission:

• Proposal Documents (required) —

  Please Upload your COMPLETE Proposal here.