ESBD_510128_1776979618739_RFP NO. 26-21 Environmental Professional Services.pdf

Huntsville

CITY OF

REQUEST FOR PROPOSALS RFP NO. 26-21

“ENVIRONMENTAL PROFESSIONAL SERVICES”

For a printable version please visit our website at City of Huntsville/Government/Finance/Purchasing/BIDS & RFPS

POINT OF CONTACT

Email: Purchasing@huntsvilletx.gov

The Vendor’s signature is required for acceptance of this solicitation and confirms the Vendor has read and understands all requirements concerning this solicitation, the undersigned affirms they are duly authorized to execute the contract. The City of Huntsville is not responsible for solicitations received after submission deadline for any reason and will be considered void and unacceptable. Hand delivered or mailed offers must be SEALED in an envelope, CLEARLY marked with RFP 26-21 Environmental Professional Services.

CERTIFICATION OF OFFER

Company Name ___________________________________________________________________ Date: _______________________

Signed By: ______________________________________________________Title: _________________________________________

Typed/Printed Name: ________________________________________________________ Phone#: ___________________________

Mailing Address: ___________________________________________________________ Tax ID Number: _____________________

Street/P. O. Box City State Zip Email: ________________________________________________________________________ SAM ID: _______________________

INITIAL FOR ADDENDUM RECEIPT/ACKNOWLEDGMENT. PLEASE MARK N/A IF NOT ISSUED.

Addendum #1 ____________ Addendum #2 __________ Addendum #3 ____________ Addendum #4 ____________

Sealed solicitations shall be received no later than:

2:30P.M., Central Time

May 14, 2026

MARK ENVELOPE: “Solicitation Packet 26-21”

RETURN SEALED RFP:

City of Huntsville

City Secretary c/o Purchasing Department

448 State Highway 75 North

Huntsville, Texas 77320 https://www.huntsvilletx.gov/Bids.aspx

TENTATIVE SCHEDULE OF EVENTS

The anticipated schedule for this solicitation is as follows. The City reserves the right to modify these dates as necessary.

April 23, 2026 – Release Solicitation

April 25 and May 2, 2026 - Legal Advertisement

May 6, 2026 – Questions Due to the Procurement Manager

May 8, 2026 – Final Addendum Posted

May 14, 2026 at 2:30 P.M. – Public Opening

May 18, 2026 – Interviews with Selected Vendors

June 2026 – Award Preparation

GENERAL INSTRUCTIONS

Submissions must be in a sealed envelope clearly marked “RFP 26-21 Professional Environmental Services” It is the sole responsibility of the Vendor to ensure the packet is received at the designated location before the deadline.

A public opening will be held at the submission deadline at the City of Huntsville Service Center, 448 State Highway 75 North, Huntsville, Texas, to acknowledge receipt of all timely responses. The names of respondents and other limited information may be read aloud. Detailed proposal contents, including technical proposals and pricing, will not be fully evaluated or discussed at the opening. Proposals will be evaluated in accordance with the criteria outlined in this solicitation. All interested parties are invited to attend.

All questions concerning this solicitation should be directed to the Purchasing Department via email at purchasing@huntsvilletx.gov.

RESPONSES

Vendors submitting a response do so entirely at their expense. The City has no expressed or implied obligation to reimburse any individual or firm for any costs incurred in preparing or submitting a solicitation, providing additional information when requested, or participating in any selection interviews.

QUALIFICATIONS OF RESPONDENTS

No prequalification of respondents is required. Before award of any contract can be approved, however, the City shall be satisfied that the respondent involved: (1) maintains a permanent place of business, (2) has adequate personnel and equipment to do the work properly and expeditiously, (3) has a suitable financial status to meet obligations incident to the work, (4) has appropriate technical experience, and (5) can submit a satisfactory performance record. The City of Huntsville has the final and sole decision to determine qualifications.

ADDENDAS

No interpretation of the meaning of the specifications of the solicitation will be made to any Vendor orally. Every question or request for interpretation concerning this solicitation shall be directed to the Purchasing Department, in writing via e-mail at purchasing@huntsvilletx.gov. All questions or requests for interpretation concerning the solicitation received after May 5, 2026 @ 5:00 P.M will be considered void and unacceptable.

A written addendum will be issued as a response and will be posted on or before May 7, 2026 @ 5:00 P.M. on the City of Huntsville website, Public Purchase website, and Electronic State Business Daily website. All addenda so issued shall become part of the contract documents, and receipt thereof shall be acknowledged in the space provided in this solicitation. It is the responsibility of the Vendor to verify all addenda and interpretations.

mailto:purchasing@huntsvilletx.gov

SOLICITATION TABULATIONS

Solicitation tabulation results are posted on our website at:

http://www.huntsvilletx.gov/business/bids_and_RFQs/bid_tabulations/

OBJECTIVE

The City of Huntsville, Texas is seeking qualified environmental professional service provider(s) to support the implementation of infrastructure projects funded through the Texas General Land Office (GLO) under the Community Development Block Grant Mitigation (CDBG-MIT) Program and the Disaster Recovery Reallocation Program (DRRP).

The selected firm(s) will be responsible for managing the full environmental review and compliance process in accordance with 24 CFR Part 58, the National Environmental Policy Act (NEPA), and all applicable federal and state requirements.

Projects include, but are not limited to:

• Martin Luther King Drive Street Improvements Project

• Autumn Road Improvements Project

The City reserves the right to award one contract for all services or separate contracts by project.

This procurement and any resulting contract are subject to review and approval by the Texas General Land Office (GLO) to ensure compliance with applicable program requirements, federal regulations, and grant-specific conditions.

TERM OF CONTRACT

The term of this contract shall begin upon award and execution by the City Council and shall continue through completion of all contracted environmental services for the Martin Luther King Drive Street Improvements Project and the Autumn Road Improvements Project, or until grant closeout, whichever occurs first.

The contract term may be extended, if necessary, to allow for completion of required environmental review activities, regulatory approvals, or grant-related closeout requirements, subject to mutual agreement of both parties and approval by the City.

All services must be completed in accordance with applicable Texas General Land Office (GLO) program requirements, including CDBG-MIT and Disaster Recovery Reallocation Program (DRRP) requirements, as applicable to each project.

SELECTION AND AWARD

The City will evaluate the solicitations per the criteria stated. The City may form an evaluation committee to review and score the submissions. The City reserves the right to request additional information or clarifications from respondents during the evaluation process. The top-ranked Vendor(s) may be invited to negotiate a detailed scope of services and fee schedule. If negotiations are successful, a contract will be executed pending all necessary approvals.

The City reserves the right to reject the solicitation of any Vendor who is in violation of any City Ordinance. The City may choose to negotiate a settlement of the ordinance violation as a condition of the solicitation award.

SCOPE OF WORK

The City of Huntsville is seeking qualified professional environmental service provider(s) to support the implementation of multiple infrastructure projects funded through the Texas General Land Office (GLO). The selected firm(s) will be responsible for completing all environmental review and compliance requirements necessary to support the City in achieving environmental clearance for each project.

PROJECT 1- MARTIN LUTHER KING DRIVE STREET IMPROVEMENTS

PROJECT DESCRIPTION

The Martin Luther King Drive Street Improvements Project consists of the rehabilitation of existing roadway infrastructure to improve safety, accessibility, and multi-modal connectivity within an established urban corridor.

http://www.huntsvilletx.gov/business/bids_and_rfps/bid_tabulations/

Martin Luther King Drive and 9th Street are existing two-lane urban roadways that currently lack continuous, safe, and ADA-compliant pedestrian and bicycle facilities. Existing pavement conditions indicate the need for rehabilitation to restore structural integrity and ride quality. Sidewalk coverage is inconsistent, pedestrian crossings are limited, and bicycle accommodation is absent. Curb and drainage infrastructure also require rehabilitation to improve roadway function and longevity.

The primary goal of the project is to rehabilitate the roadway while addressing drainage, pedestrian safety, and ADA compliance. Improvements are intended to enhance public safety, improve infrastructure resilience, and ensure long-term compliance with applicable state and federal requirements associated with GLO funding.

PROJECT 2- AUTUMN ROAD IMPROVEMENTS

PROJECT DESCRIPTION

The Autumn Road Improvements Project involves drainage and flood mitigation improvements to address recurring flooding and erosion issues near the Spring Lake Water Plant.

The existing drainage system includes a 75-inch diameter railroad tank car culvert located under Autumn Road near its intersection with Summer Lane. This culvert is undersized and misaligned with the downstream creek channel, resulting in frequent overflow conditions and contributing to flooding at the Spring Lake Water Plant as well as erosion on downstream properties.

The project includes the removal and replacement of the existing culvert with a properly sized concrete box culvert aligned with the downstream channel to improve flow conveyance. In addition, approximately 1,550 linear feet of the downstream channel will be de-silted (dredged) to restore capacity and improve drainage efficiency.

The primary goal of the project is to reduce flood risk, improve drainage performance, and enhance the resiliency of critical infrastructure.

ENVIRONMENTAL PROFESSIONAL SERVICES (APPLIES TO ALL PROJECTS)

The selected environmental professional service provider(s) shall be responsible for managing and completing all environmental review and compliance activities necessary to support the City in obtaining environmental clearance for each project.

All services must be performed in accordance with:

• 24 CFR Part 58.

• National Environmental Policy Act (NEPA).

• Applicable Texas General Land Office (GLO) program requirements, including CDBG-MIT and DRRP.

SCOPE OF ENVIRONMENTAL SERVICES

No project activities that would have an adverse environmental impact or limit the choice of reasonable alternatives may be undertaken prior to completion of the environmental review process and receipt of environmental clearance, in accordance with 24 CFR Part 58.

The selected firm shall provide all services necessary to complete the environmental review process from initiation through environmental clearance, including but not limited to the following:

ENVIRONMENTAL REVIEW AND DOCUMENTATION

• Determine the appropriate level of environmental review (Exempt, CEST, Environmental Assessment, etc.).

• Prepare a complete and compliant Environmental Review Record (ERR) for each project.

• Maintain all environmental documentation in a complete and organized manner sufficient to meet all federal, state and GLO monitoring and audit requirements.

REGULATORY COORDINATION AND COMPLIANCE

• Coordinate with applicable regulatory agencies, including but not limited to:

o Texas Parks and Wildlife Department (TPWD) o U.S. Army Corps of Engineers (USACE) o State Historic Preservation Office (SHPO)

• Assist the City in obtaining all required environmental clearances, approvals, and permits, as applicable.

ENVIRONMENTAL ANALYSIS

• Conduct and document all required environmental reviews and analyses, including:

o Floodplain management and compliance.

o Wetlands and waters of the U.S. determination.

o Coordination with appropriate agencies to evaluate potential impacts to threatened and endangered species, including documentation of findings.

o Historic and cultural resources review (Section 106 compliance).

PUBLIC PARTICIPATION AND NOTICES

• Prepare environmental compliance documentation required under 24 CFR Part 58, including draft public notices such as the Notice of Intent to Request Release of Funds (NOI/RROF) and Finding of No Significant Impact (FONSI), if applicable.

• Ensure all public notice documentation is based on the completed Environmental Review Record (ERR).

• Coordinate with the City’s Grant Manager to ensure accuracy and compliance with applicable environmental requirements.

• The City, as the Responsible Entity, shall retain responsibility for publication, certification, and submission of all public notices.

MITIGATION AND COMPLIANCE SUPPORT

• Identify and document any required environmental mitigation measures.

• Provide guidance to the City regarding implementation of mitigation requirements.

• Assist the City in maintaining environmental compliance throughout the project lifecycle, as needed.

GRANT COORDINATION AND REPORTING SUPPORT

• Coordinate with the City’s Grant Manager and project team to ensure environmental activities, milestones, and approvals align with overall project schedules and applicable GLO program requirements.

• Provide status updates and supporting environmental information as needed to assist the City in meeting grant reporting requirements.

TIGR & DOCUMENTATION MANAGMENT

• Assist the City, as directed, with the entry and uploading of environmental documentation into the Texas Integrated Grant Reporting (TIGR) system.

• Provide revisions or additional documentation as requested to support completeness and accuracy of the official grant record.

ENVIRONMENTAL CLEARANCE SUPPORT

• Prepare a draft Request for Release of Funds (RROF) package based on the completed Environmental Review Record (ERR) and coordinate with the City to support submission.

• Respond to comments or requests for additional information from GLO or other regulatory agencies related to environmental review.

• Support the City through final environmental clearance.

KEY RESPONSIBILITY STATEMENT

The selected firm shall be responsible for preparing all required environmental documentation and supporting the City in obtaining environmental clearance in accordance with applicable GLO program requirements. Final authority for environmental determinations and approvals remains with the City as the Responsible Entity.

DELIVERABLES (PER PROJECT)

The selected firm(s) shall provide the following deliverables for each project, as applicable:

ENVIRONMENTAL REVIEW & DOCUMENTATION

• Complete Environmental Review Record (ERR).

• All supporting environmental studies, analyses, and documentation.

REGULATORY COORDINATION AND COMPLIANCE

• Copies of all agency coordination correspondence (TPWD, USACE, SHPO, etc.).

• Documentation of regulatory approvals, clearances, and permits (as applicable).

ENVIRONMENTAL ANALYSIS

• Technical reports and findings for:

o Floodplain compliance o Wetlands and waters of the U.S. determinations.

o Coordination with appropriate agencies to evaluate potential impacts to threatened and endangered species, including documentation of findings and incorporation into the Environmental Review Record

(ERR).

o Historic and cultural resource review (Section 106).

PUBLIC PARTICIPATION AND NOTICES

• Draft public notices (NOI, RROF and FONSI, if applicable).

• Documentation of public notice publication and comment periods, including materials provided by the City, incorporated into the Environmental Review Record (ERR).

• Record of any public comments received and responses, if required.

MITIGATION AND COMPLIANCE SUPPORT

• Documentation of required mitigation measures.

• Supporting documentation demonstrating compliance with mitigation requirements, if applicable.

GRANT COORDINATION AND REPORTING SUPPORT

Environmental Status updates and documentation provided to support grant reporting.

TIGR AND DOCUMENTATION MANAGEMENT

• All environmental documentation organized in complete, accurate, and upload-ready format.

• Revisions or additional documentation as requested to support completeness of the official grant record.

ENVIRONMENTAL CLEARANCE SUPPORT

• Draft Request for Release of Funds (RROF) package based on the completed ERR.

• Responses to GLO or regulatory agency comments.

• Final environmental clearance documentation.

SOLICITATION FORMAT

Respondents must submit five (5) copies, one (1) unbound original and one (1) searchable PDF copy on a USB drive. The outside cover or first page of the hard copy should clearly display the respondent’s firm name, contact information, business address, and a designation indicating that it is the “Original.”

Responses must be organized with clearly labeled section tabs: A, B, C, D, and E, corresponding to the evaluation criteria and content descriptions outlined in the solicitation.

The combined response to Tabs A through C shall not exceed twenty-five (25) single-sided pages. Required forms and supporting documentation included under Tab D are excluded from this page limit.

EVALUATION CRITERIA

The City’s evaluation committee will conduct a comprehensive, fair, and impartial evaluation of all proposals submitted. Each proposal will be reviewed to determine overall responsiveness and the Vendor’s ability to provide the services described herein. The adequacy, depth, organization, and clarity of each response will be considered as part of the evaluation process.

Vendors shall clearly label and organize their submissions using the designated tab identifiers associated with each evaluation criterion.

Solicitations will be scored in accordance with the evaluation criteria and corresponding point values identified in this section.

Based on the initial evaluation, the City may select all, some, or none of the respondents to participate in interviews. If interviews are conducted, respondents may be reevaluated using the same scoring criteria.

This procurement is being conducted using a Request for Proposals (RFP) process in accordance with applicable procurement requirements. Proposals will be evaluated based on the criteria and point values identified in this section. The contract will be awarded to the responsible Vendor whose proposal is determined to be the most advantageous to the City, considering price and other relevant factors.

Proposals that exceed the stated page limit may be deemed non-responsive and may not be considered for evaluation.

TAB EVALUATION CRITERIA POINTS

A Experience & Qualifications 30

B Project Approach and Understanding 25

C Past Performance 20

D Capacity & Staffing 15

E Cost Proposal 10

Tab A. Vendor Qualifications (30pts)

• Cover Letter (1 page max): Provide a cover letter on company letterhead, signed by an authorized representative of the firm. The cover letter shall include the firm’s name, address, and primary point of contact, along with a brief statement expressing the firm’s interest in providing environmental professional services. The letter shall also include a statement confirming the firm’s eligibility to perform the requested services and certify that the firm has not been disqualified or debarred from performing work on federally funded projects.

• Firm Overview (2 page max): Provide a general overview of the firm and any proposed subconsultants, including the legal name of the firm and year established, office locations, and organizational structure. The overview should also describe the firm’s areas of expertise relevant to environmental review and compliance services and identify any proposed subconsultants along with a description of their roles.

• Firm Qualifications (2 page max): Describe the firm’s specific qualifications to perform the requested environmental services, with emphasis on experience conducting environmental reviews in accordance with 24

CFR Part 58 and NEPA, as well as preparation of Environmental Review Records (ERRs). The response should also highlight experience with Texas General Land Office (GLO) programs, including CDBG-MIT and/or DRRP, and experience with projects similar in scope, such as roadway improvements and drainage or flood mitigation projects. Additionally, respondents should demonstrate familiarity with coordination with regulatory agencies, including but not limited to TPWD, USACE, and SHPO, and identify any relevant certifications, training, or recognitions related to environmental compliance services.

Tab B. Project Approach and Understanding (25pts) Demonstrate the Vendor’s understanding of the project scope and environmental requirements and describe the proposed approach to successfully completing all environmental review and compliance activities. The response should reflect a clear understanding of the Martin Luther King Drive and Autumn Road projects, including potential environmental considerations, regulatory coordination, and required processes under 24 CFR Part 58.

• Project Approach (3 pages max): Describe the Vendor’s proposed approach to performing the Scope of

Environmental Services, including the methodology for completing the environmental review process from initiation through environmental clearance. The response should address the approach to preparing the

Environmental Review Record (ERR) and all supporting documentation, as well as the strategy for coordination with applicable regulatory agencies, including but not limited to TPWD, USACE, and SHPO.

Vendors should also identify potential environmental challenges or risks associated with the projects and propose appropriate mitigation strategies. Additionally, the response should describe the approach to coordinating with the City’s Grant Manager to support compliance with applicable GLO program requirements.

• Project Schedule (1 Page max): Provide a proposed project schedule or timeline for completing environmental review activities for each project. The schedule should include key milestones such as environmental review initiation, completion of the Environmental Review Record (ERR), public notice periods, preparation of the

Request for Release of Funds (RROF), and anticipated environmental clearance. The schedule should reflect the Vendor’s ability to meet project timelines and identify any assumptions or constraints that may impact completion.

Tab C. Past Performance (20pts) Past Performance will be evaluated based on the Vendor’s demonstrated success in completing similar environmental review projects. This includes the quality of work, ability to meet project schedules, responsiveness to client needs, and success in achieving environmental clearance in compliance with applicable federal and state requirements. The City may contact provided references to verify the Vendor’s performance, including timeliness, accuracy of documentation, and overall client satisfaction. Prior work performed for the City of Huntsville or within Walker County, if applicable, may also be considered.

• Provide a summary of recent projects that demonstrate the Vendor’s ability to perform environmental review and compliance services similar in scope to those described in this solicitation. Emphasis should be placed on projects involving Environmental Review Records (ERRs), coordination under 24 CFR Part 58 and NEPA, and experience with Texas General Land Office (GLO) programs, including CDBG-MIT and/or DRRP. Include a minimum of five (5) relevant projects. For each project, provide the project name and location, client name, a brief project description including the scope of environmental services performed, completion date, project cost (if applicable), and a client reference including name, organization, title, and phone number and/or email address.

Tab D. Capacity and Staffing (15pts) Capacity and Staffing will be evaluated based on the Vendor’s ability to successfully perform the required environmental services within the desired timeframe. This includes the qualifications and availability of key personnel, adequacy of staffing levels, and the Vendor’s ability to manage workload and deliver services in a timely and efficient manner. The City will consider the Vendor’s organizational capacity, project management approach, and ability to meet project schedules while maintaining compliance with applicable requirements.

• Project Team and Capacity (3 pages max): Provide a description of the proposed project team and the Vendor’s capacity to perform the work. The response should identify key personnel and their roles and responsibilities for this project, including the designated project manager. Include an organizational chart or narrative description showing the structure of the project team. The Vendor should also describe its current workload and availability, demonstrating the ability to complete the required services within the anticipated timeframe. If subconsultants are proposed, clearly identify their roles and responsibilities and describe how coordination among team members will be managed.

• Resumes of Key Personnel (6 pages max): Provide resumes for key personnel proposed for this project. Each resume should include relevant experience with similar environmental review projects, including work performed under 24 CFR Part 58 and NEPA, educational background, professional certifications or registrations (if applicable), and years of experience.

Tab E. Cost Proposal (10pts) The Cost Proposal will be evaluated based on the reasonableness, completeness, and clarity of the proposed not-to-exceed (NTE) costs in relation to the Scope of Environmental Services. Respondents are required to complete and submit the Cost

Proposal Form provided in the Cost Proposal section of this solicitation, which will serve as the basis for evaluation. The City will consider whether the proposed costs demonstrate a clear understanding of the level of effort required to complete the work and are appropriately allocated across the required service categories. Evaluation will also consider the overall cost reasonableness in relation to the scope and complexity of the projects, the completeness and accuracy of the Cost Proposal Form, and the transparency of the cost breakdown. The appropriateness of the proposed not-to-exceed (NTE) amount will be assessed, along with the Vendor’s ability to provide a clear and defensible pricing structure. The City reserves the right to request additional cost details, including hours and billing rates, during evaluation or negotiation.

COST PROPOSAL

INSTRUCTIONS TO VENDORS

Vendors shall complete this Cost Proposal Form provided in this section in its entirety. All costs must be inclusive of labor, overhead, travel, materials, and any other expenses necessary to complete the Scope of Environmental Services.

Costs shall be provided separately for each project. All pricing shall be submitted on a not-to-exceed (NTE) basis and shall represent the maximum compensation for completion of the work. Profit must be identified as a separate line item in accordance with applicable federal requirements.

Category Project 1 – MLK Street

Improvements ($) Project 2 – Autumn Road

Improvements ($)

Environmental Review & Documentation

Regulatory Coordination & Compliance

Environmental Analysis

Public Participation & Notices

Mitigation & Compliance Support

Grant Coordination & Reporting Support

TIGR & Documentation Management

Environmental Clearance Support

Subtotal

Profit (separate line item)

Total Project Cost (Not-to-Exceed)

ADDITIONAL REQUIREMENTS

• No additional compensation will be allowed unless approved in writing by the City through a formal contract amendment.

• The City reserves the right to request additional cost detail, including hours and billing rates by task, during evaluation or negotiation.

TERMS & CONDITIONS

DEFINITIONS

City – City of Huntsville. City Council – The elected officials of the City of Huntsville who have been given the authority to exercise such powers and jurisdiction of all City business as conferred by the City Charter, Ordinance and Laws. Contract- An agreement between the City and a vendor to furnish commodities or services over a designated period of time. Vendor – Any individual, business, or entity that provides, or seeks to provide, goods, services, or property through a contract or purchase order. This includes bidders, contractors, and suppliers involved at any stage of the procurement process, ranging from solicitation to final contract award. TLGC- Texas Local Government Code. TGC- Texas Government Code

INTRODUCTION

The City of Huntsville, Texas (“City”) is soliciting proposals from qualified firms to provide professional environmental services in support of infrastructure projects funded through the Texas General Land Office (GLO) under the Community Development Block Grant Mitigation (CDBG-MIT) Program and the Disaster Recovery Reallocation Program (DRRP).

Respondents must demonstrate the resources, experience, and technical expertise necessary to perform environmental review and compliance activities in accordance with 24 CFR Part 58, the National Environmental Policy Act (NEPA), and all applicable federal and state requirements.

The City intends to award one or more contracts as a result of this solicitation to ensure the timely and compliant completion of environmental review activities required to obtain environmental clearance for the identified projects.

PUBLIC INFORMATION

This solicitation is subject to TGC Chapter 552, Subchapter J (Sections 552.371–552.376) which mandates that certain contractors and vendors working with governmental bodies must preserve, maintain, and disclose contracting information related to public business upon request. It ensures public transparency for, or in connection with, government contracts, requiring specific contract language for compliance. Failure to comply can result in the termination of business with the City.

ACCEPTANCE

The City reserves the right to accept or reject any or all solicitations, to waive any informalities and technicalities, to accept the offer considered most advantageous in order to obtain the best value for the City in accordance with TLGC 252. Causes for rejection of a solicitation may include but shall not be limited to the violation of any City ordinance, the inability to satisfactorily perform the work or service, or the failure to properly and timely perform its obligation under a contract with the City.

ADDENDA

Any interpretations, corrections or changes to a solicitation will be made by addenda. Sole issuing authority of addenda shall be vested by the City of Huntsville’s Purchasing Department. Addenda may be posted on the City of Huntsville’s web site and may be distributed to all who are known to have received a copy of the solicitation. The City assumes no responsibility for the failure to obtain and/or properly submit any addendum. Failure to acknowledge any addendum may cause the rejection of a solicitation. The City of Huntsville’s decision to accept or reject any particular solicitation due to a failure to acknowledge and submit addenda shall be final.

ADVERTISING

Pursuant to Section 252.041, notice of this solicitation shall be advertised once a week for two consecutive weeks, with the first publication occurring at least fourteen (14) days prior to the solicitation opening date. The notice will be published in the local newspaper and posted on the City’s official website to ensure public accessibility and compliance with statutory requirements.

ASSIGNMENT

The Vendor is prohibited from transferring their rights and duties, selling, assigning, transferring or conveying this contract, in whole or in part, without the prior written consent of the City of Huntsville. All subcontractors must be approved in writing by the City prior to any work being initiated.

https://www.google.com/search?q=Texas+Government+Code+Chapter+552%2C+Subchapter+J&rlz=1C1GCEA_enUS1184US1184&oq=GC+552+J&gs_lcrp=EgZjaHJvbWUyBggAEEUYOTIHCAEQIRigATIHCAIQIRigATIHCAMQIRigATIHCAQQIRiPAjIHCAUQIRiPAjIHCAYQIRiPAtIBCDQzNTBqMGo3qAIIsAIB8QXLbtHWgMijUPEFy27R1oDIo1A&sourceid=chrome&ie=UTF-8&mstk=AUtExfCGrez_sdMxI1u-EOED4Nn8ymwKjEyHkVOnhpPOnPxsz9x8INDIHjaAHdksX5alKbSYw1FjeqLolMrwY2YHWsVdESi97PPUmPoPUanUDmkjBHOJyxxOT_dIMXUJ15X21kLaS1RMMZdoIdyu-8WBEOHtpxio2rcIjGbheJGcdjz7VIc&csui=3&ved=2ahUKEwjt4_GylPWSAxX75MkDHYy8MegQgK4QegQIARAB

BRAND NAMES

Specifications may reference name brands, make, and/or model numbers. Any reference made to brand, make, and/or model used in specifications is for descriptive purposes only. Products/materials of like quality equal to or greater than will be considered. The City shall act as sole judge in determining equality and acceptability of products offered.

COLLUSION

Advanced disclosures of any information to a Vendor which gives any advantage over any other interested Vendor in advance of the award whether in response to advertising or a solicitation, made or permitted by a member of the governing body or an employee or representative thereof, will void that Vendors solicitation. Prior to an award any communication with a member of the governing body or an employee or representative thereof will void that Vendors solicitation. By submission of this solicitation the Vendor attests that no improper communication has occurred resulting in an advantage over any other Vendor, potential Vendor, or advance discloser.

Signature of this solicitation certifies that the Vendor is fully informed of the preparation and contents of this solicitation, affirms that the solicitation is genuine, made in good faith, and is neither collusive nor submitted for any improper purpose.

Furthermore, certifies that neither signatory of this solicitation nor any other representative of the business has engaged in any collusion, conspiracy, or improper communication with other responders or City officials to influence pricing, gain an unfair advantage, or affect the outcome of the procurement process.

COMPLIANCE

This solicitation and Vendor and/or contractor must comply with all Federal, state, local laws, City policies, and City Charter concerning these types of service. The Vendor is prohibited from discriminating due to racial, sexual, religious, disability, or any other grounds. Any known discrimination is grounds for immediate cancellation of contract at the sole expense of the Vendor.

CONTRACT

This solicitation, when properly accepted by the City of Huntsville, shall constitute a contract equally binding between the successful Vendor and the City of Huntsville. No different or additional terms or addendums, supplements, or amendments will become a part of this contract unless agreed to and signed by both the successful Vendor and the City without the prior written approval of the City of Huntsville. If during the life of the contract, the successful Vendor net prices to other customers for items awarded herein are reduced below the contracted price, it is understood and agreed that the benefits of such reduction shall be extended to the City.

CONTRACT TERMINATION

The City or the Vendor may terminate this Contract, with or without cause, upon thirty (30) calendar days’ written notice. Upon receipt of a notice of termination, the Vendor shall immediately cease all work unless otherwise directed by the City. The Vendor shall be compensated only for services satisfactorily performed and accepted by the City prior to the effective date of termination. If the Vendor fails to fulfill its obligations under this Contract or violates any term or condition herein, the City may terminate the Contract for cause upon five (5) calendar days’ written notice. Termination for cause may be deemed sufficient grounds for removal of the Vendor from the City’s Vendor list for future solicitations. Such termination shall not relieve the Vendor of liability to the City for damages resulting from any breach of Contract. The City reserves the right to withhold payment until the full extent of damage is determined and resolved. In the event of termination, the Vendor shall not be entitled to lost or anticipated profits, consequential damage, or other special damages. The City reserves the right, during any notice period, to solicit and award services to other Vendors as necessary, including in cases of emergency or urgent need. The Contract may be terminated immediately upon the occurrence or suspected occurrence of illegal or unprofessional activities. Should any change in terms be requested by the Vendor after the contract has been awarded, the City reserves the right to terminate the contract and award the solicitation to the next responsible responsive Vendor.

DELIVERY

All delivery and freight charges (FOB City of Huntsville designated location) are to be included in the solicitation price. The City assumes no liability of goods delivered in a damaged or unacceptable condition.

EXCEPTIONS/SUBSTITUTIONS

Vendors taking exception to the specifications, or offering substitutions, shall state these exceptions in the section provided or by attachment to the solicitation. The absence of such a list shall indicate that the Vendor has not taken exceptions and shall be responsive to perform in strict accordance with the specifications of this solicitation. The City of Huntsville reserves the right to accept any and all or none of the exception(s)/substitution(s) deemed to be in the best interest of the City.

FIRM PRICE

Vendors must hold submitted cost firm for 120 days after the solicitation opening date to allow the City sufficient time to award a contract. Once a Vendor is awarded, the successful Vendor must hold solicitation prices firm for the duration of the contract or until renewal option is available.

FORCE MAJEURE

Vendor will not be held liable for noncompliance for any reasonable delay caused by acts of God and or labor strikes.

FUNDING

Award and funding of this solicitation is pending the approval by Huntsville City Council. State of Texas statutes, TLGC 271.903 prohibit the obligation and expenditure of public funds beyond the fiscal year for which a budget has been approved. Therefore, anticipated orders or other obligations that may arise past the end of the current City fiscal year shall be subject to budget approval. The City reserves the right to rescind the contract at the end of each fiscal year if determined that there are insufficient funds to extend the contract and no cost.

INDEMNIFICATION AGREEMENT

THE CONTRACTOR AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF HUNTSVILLE, ITS OFFICERS, AGENTS, AND EMPLOYEES, BOTH PAST AND PRESENT, FROM AND AGAINST ANY AND ALL LIABILITY FOR ANY AND ALL CLAIMS, LIENS, SUITS, DEMANDS AND ACTIONS FOR DAMAGES, INJURIES TO PERSONS (INCLUDING DEATH), PROPERTY DAMAGE (INCLUDING LOSS OF USE), AND EXPENSES, (INCLUDING COURT COST, ATTORNEYS’ FEES AND OTHER REASONABLE COSTS OF LITIGATION) ARISING OUT OF OR

RESULTING FROM CONTRACTOR’S WORK AND ACTIVITIES CONDUCTED IN CONNECTION WITH OR

INCIDENTALS TO THIS CONTRACT AND FROM ANY LIABILITY ARISING OUT OF OR RESULTING FROM INTENTIONAL ACTS OR NEGLIGENCE OF THE CONTRACTOR, INCLUDING ALL SUCH CAUSES OF ACTION BASED UPON COMMON, CONSTITUTIONAL, OR STATUTORY LAW, OR BASED IN WHOLE OR IN PART UPON THE NEGLIGENT OR INTENTIONAL ACTS OR OMISSIONS OF CONTRACTOR, INCLUDING BUT NOT LIMITED TO ITS OFFICERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, LICENSES, INVITEES, AND OTHER PERSONS. IT IS THE EXPRESS INTENTION OF THE PARTIES HERETO, BOTH THE CITY AND THE CONTRACTOR, THAT THE INDEMNITY PROVIDED FOR IN THE CONTRACT INDEMNIFIES AND PROTECT THE CITY FROM THE CONSEQUENCES TO THE

FULLEST EXTENT OF THE LAW.

INTERLOCAL COOPERATIVE

Other governmental entities within the State of Texas may be extended the opportunity to purchase off of this solicitation, with the consent and agreement of the successful vendor(s) and the City. Such consent and agreement shall be conclusively inferred from lack of exception to this clause in vendor’s response. However, all parties indicate their understanding and all parties hereby expressly agree that the City is not an agent of, partner to or representative of those outside agencies or entities and the City is not obligated or liable for any action or debts that may arise out of such independently, negotiated “piggyback” procurements.

LATE SUBMISSIONS

Solicitations received after submission deadline will be considered void and unacceptable. The City is not responsible for lateness or non-delivery of mail, carrier, delivery etc., and the date/time stamp. Late solicitations will remain unopened and returned to the address on the outside of the envelope.

LAWS

This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws principles. Venue for any action arising under this Agreement shall lie in Walker County, Texas. This Agreement is performable in Huntsville, Walker County, Texas. All records associated with this Agreement are subject to the Texas Public Information Act.

NOTIFICATION

The City uses multiple channels for the notification and dissemination of all solicitations. The City accepts no responsibility for the lack of notification or receipt of a solicitation to any and all potential Vendors.

PAYMENT

An invoice shall be submitted with the following information:

• Name and address of vendor

• Name and address of receiving Department

• City of Huntsville Purchase Order number

• Description of services rendered

Payment shall not be processed until service has been rendered and a completed invoice is received by the City’s Finance Department. All payments will be made by check Net 30 days from when the correct invoice(s) are received by the City, in accordance with the State of Texas Prompt Payment Act, Article 601lf V.T.C.S. Invoices can be submitted by email to:

payables@huntsvilletx.gov, Mailed or hand delivered to: 1212 Ave. M Huntsville, TX 773. Any invoice, which cannot be verified by the contract price and/or is otherwise incorrect, will be returned to the respondent for correction. Under term contracts, when multiple deliveries and/or services are required, the vendor may invoice following each delivery, day, or job and the City will pay on invoice. Prior to any and all payments made for good and/or services provided under this contract, the Vendor should provide his Taxpayer Identification Number or social security number as applicable (W9). This information must be on file with the City’s Finance Department. Failure to provide this information may result in a delay in payment and/or back-up withholding as required by the Internal Revenue Services. The City requests credit for any errors. Invoices will not be short paid. Should your remittance addresses change during this contract, it will be up to the Vendor to notify the City’s Finance Department of this change payables@huntsvilletx.gov.

PRICE

Changes to price may be considered by City only on the anniversary date of the contract and must be substantiated in writing (i.e., consumer price index, manufacturer's direct cost, postage rates, Railroad Commission Rates, Wage/Labor Rates, etc.)

with a sixty day prior written notice. The Vendor’s history of honoring their contract price will be considered. The City of Huntsville reserves the right to accept or reject any/all of the price changes as it deems to be in the best interest of the City.

QUANTITIES

Quantities indicated in the solicitation are estimated based upon the best available information. The City reserves the right to increase or decrease the quantities by any amount deemed necessary to meet its needs without any adjustments to the unit price. Solicitations must be submitted on units of quantity specified. In the event of errors in extended prices, the unit price will govern. Any suggested quantity to secure better prices is welcomed. When discrepancies occur between words and figures, the words shall govern.

RECORD RETENTION

The awarded vendor must maintain copies of all documents relating to the contract for the length of the warranty period plus one year. Should the document be destroyed or for any reason the awarded vendor is unable to locate the contract, the warranty will be considered in force under the original terms of the contract.

REIMBURSEMENTS

There is no expressed or implied obligation for the City to reimburse responding Vendors for any expenses incurred in preparing a solicitations response, nor will the City pay any subsequent costs associated with the provision of any additional information or presentation, or to procure a contract for these services.

SAMPLES

When requested, samples shall be furnished free of charge to the City. All samples will be returned when applicable.

mailto:payables@huntsvilletx.gov mailto:payables@huntsvilletx.gov

SILENCE OF SPECIFICATION

The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of these specifications shall be made on the basis of this statement.

CRITICAL INFRASTRUCTURE VERIFICATION FORM

To the extent this solicitation relates to critical infrastructure in the State of Texas, the undersigned representative do hereby declare, represent, and verify that the Vendor is not owned by or has the majority of stock or other ownership interest held by or controlled by: individuals who are citizens of China, Iran, North Korea, Russia, or a country designed by the Governor of Texas as a threat to critical infrastructure under TLGC Section 2274.0103 as amended (“designated country”); or

• a Vendor or other entity, including a governmental entity, that is owned or controlled by citizens of or is directly controlled by the government of China, Iran, North Korea, Russia, or a designated country; or

• it is not headquartered in China, Iran, North Korea, Russia, or a designated country.

The foregoing representation is made solely to comply with TLGC Chapter 2274 of the, as amended, and to the extent such Section does not contravene applicable Federal or State law. As used in the foregoing verification, “critical infrastructure” means a communication infrastructure system, cybersecurity system, electric grid, hazardous waste treatment system, or water treatment facility.

ENERGY VENDOR BOYCOTTS

To the extent this solicitation relates to, the undersigned do hereby declare, represent, and verify that the Vendor, under the provisions of TGC Chapter 2274, as amended does not boycott energy companies currently; and will not boycott energy companies during the term of the contract, if the Vendor has more than 10 employees, the contract is more than $100,000 wholly, or not a proprietor.

FIREARM VERIFICATION

To the extent this solicitation relates to, the undersigned, do hereby declare, represent, and verify that the Vendor, under the provisions of TGC Chapter 2274, as amended 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 if the Vendor has more than 10 employees, the contract is more than $100,000 wholly, or not a proprietor.

FOREIGN TERRORIST VERIFICATION

To the extent this solicitation relates to, the undersigned, do hereby declare, represent, and verify that the Vendor, under the provisions of TGC Chapter 2252, as amended will not do business with Iran, Sudan, or any foreign terrorist organization; and will not do business with Iran, Sudan, or any foreign terrorist organization during the term of the contract.

ISRAEL VERIFICATION

To the extent this solicitation relates to, the undersigned do hereby declare, represent, and verify that the Vendor, under the provisions of TGC Chapter 2271, as amended does not boycott Israel currently; and will not boycott Israel during the term of the contract if the Vendor has more than 10 employees, the contract is more than $100,000 wholly, or not a proprietor.

TAX EXEMPTION

The City is exempt from Federal Excise, State and Local Sales and Transportation Taxes. Tax must not be included in solicitation. The City upon request will execute a Tax Exemption Certificate.

WARRANTY

The Vendor shall warrant that all items/services shall conform to the proposed specifications and/or all warranties as stated in the Uniform Commercial Code and be free from all defects in material, workmanship and title.

SPECIAL TERMS & CONDITIONS

The City shall consider all factors it believes to be relevant in selecting the offer that provides the best value for the City including but not limited to: the purchase price, the proximity of the Vendor and ability to perform the contract, delivery date, Vendor reputation, quality of goods or services, past performance under contracts with the City, and the compliance with City ordinances.

It is understood that the City reserves the right to reject any or all products, services and/or qualifications for any or all products and/or services covered in this solicitation and to waive informalities or defects or to accept such qualifications as it shall deem to be in the best interests of the City. The City may reject a solicitation for any omission of requested forms. If fewer than three responses are received, the City reserves the right to extend the opening date as it deems to be in the best interest of the City. The City has the sole last and final determination to determine award.

WRITTEN MODIFICATIONS

Requests to withdraw or modify a submitted solicitation must be submitted in writing to the Purchasing Department prior to the solicitation closing date…