Huntsville

CITY OF

REQUEST FOR PROPOSAL RFP NO. 26-18

“CUSTODIAL 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 the 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 26-18 CUSTODIAL 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:

2:00P.M., Central Time

July 1, 2026

MARK ENVELOPE: “Solicitation Packet 26-18”

RETURN SEALED:

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.

June 9, 2026 – Release Solicitation

June 13 and June 20, 2026 – Legal Advertisement

June 17, 2026 – Mandatory Worksite Visit

June 23, 2026 – Questions Due to the Procurement Manager

June 25, 2026 – Final Addendum Posted

July 1, 2026 at 2:00 P.M. – Public Opening

July 2026 – Award Preparation

GENERAL INSTRUCTIONS

Submissions must be in a sealed envelope clearly marked “RFP 26-18 CUSTODIAL SERVICES”. It is the sole responsibility of the Vendor to ensure the packet is received at the designated location before the deadline.

A public reading of all timely responses will be held at the submission deadline at the City of Huntsville Service Center, 448 State Highway 75 North, Huntsville, Texas. 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) has adequate personnel and equipment to do the work properly and expeditiously,

(3) has a suitable financial status to meet obligations, (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 June 23, 2026 @ 2:00 P.M will be considered void and unacceptable.

A written addendum will be issued as a response and will be posted on or before June 25, 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.

SOLICITATION TABULATIONS

Solicitation tabulation results are posted on our website at:

http://www.huntsvilletx.gov/business/bids_and_RFQs/bid_tabulations/ mailto:purchasing@huntsvilletx.gov http://www.huntsvilletx.gov/business/bids_and_rfps/bid_tabulations/

OBJECTIVE

The City of Huntsville is issuing this solicitation to seek proposals from qualified vendors interested in providing comprehensive Custodial services for various City of Huntsville facilities. The objective of this contract is to ensure a clean, sanitary, hygienic, safe, and professionally maintained working environment through consistent and high-quality custodial services. Services shall include, but are not limited to, light dusting, floor care, trash removal, cleaning and disinfecting doors, restrooms, conference rooms, and other common areas, with daily, weekly, and monthly cleaning requirements. Emphasis will be placed on sanitation, hygiene, professional presentation, and maintaining healthy environments for employees and visitors.

TERM OF CONTRACT

The term of this contract shall be from: Award through September 30, 2027. This Contract will have four (4) one

(1) year renewal options as follows:

Option Year 1: October 1, 2027 through September 30, 2028 Option Year 2: October 1, 2028 through September 30, 2029 Option Year 3: October 1, 2029 through September 30, 2030 Option Year 4: October 1, 2030 through September 30, 2031

This contract may be renewed for four (4) one (1) year extensions, provided both parties agree. Any extensions shall be at the same terms and conditions, plus any written approved changes.

SELECTION AND AWARD

The City will award based on best value* meeting the requirements for this service. The City reserves the right to award the most responsible and responsive bidder in the best interest of the City. If the awarded responder is unable to meet the requirements of the City, services/products may be purchased from the next best available responder and continue until a responder is found that can complete the requirements of the City. If the responder desires the City to consider an all or none response, it must be stated on the price table. The City of Huntsville may award multiple responders meeting the minimum requirements outlined in this solicitation.

SCOPE OF WORK

I. OFFICE AREAS, LOBBIES, AND CORRIDORS

• Waste Management: Empty all interior and exterior waste receptacles, replace liners, and place trash in the proper location daily. Clean and sanitize receptacles when needed.

• Doors and Glass: Clean all glass doors and partial glass doors with glass cleaner to remove smudges. Wipe down all doors and door handles daily.

• Surfaces: Sanitize and wipe down all accessible hard surfaces weekly.

• Detailed Cleaning:

• Clean and disinfect desktops (if cleared) and work top counters with a dampened cloth, monthly or when needed.

• Clean, sanitize, and polish all water fountains monthly.

II. RESTROOMS

• Fixtures: Clean and disinfect all lavatory fixtures, toilets (including seats and undersides), and urinals. This includes detailed cleaning of piping and hinges daily.

• Surfaces and Partitions:

• Clean walls around sinks, towel dispensers, toilets, and urinals when needed.

• Remove smudges and dust from all partitions, wall tiles, dispensers, and shelving weekly or when needed.

• Clean mirrors daily.

• Consumables: Refill soap, towels, and tissue dispensers daily, ensuring extra supplies are left in the restroom. Check and refill room deodorant as needed.

• Receptacles: Empty and clean all waste receptacles, removing trash. Empty and sanitize feminine napkin containers, refilling with bags as needed.

III. FLOORS

• Daily Requirements:

• Vacuum all carpeted areas weekly or as needed.

• Vacuum entrance mats and high traffic areas daily.

• Remove carpet stains as needed.

• Sweep and wet mop entrances and high traffic areas daily.

• Sweep and wet mop all restroom floors with disinfectant solutions, daily.

• Sweep and dust mop steps, and landings of the building daily.

• Sweep and dust mop all hard surface floors (offices and uncommon spaces) with treated dust mops daily.

Wet mop weekly.

IV. KITCHEN / KITCHENETTES (Breakroom Services)

• Waste Management: Empty all waste receptacles, replace liners, and place trash in the proper location daily. Clean and sanitize receptacles as needed.

• Cleaning and Sanitization:

• Wash and rinse sinks; wipe faucets daily.

• Sanitize all counter tops and tables; remove spots, spillage, and other soil from counters daily.

• Damp wipe tables and chairs with cleaner daily.

• Wipe down the exterior of appliances weekly. Included, but not limited to refrigerators and ice machines.

• Consumables: Refill soap dispensers and other consumables in kitchen and work areas daily.

V. DUSTING

• Detailed Dusting:

• Damp dust windowsills and ledges, chair rails, molding, common room shelving, and all blinds weekly.

• Damp dust file cabinet/work surfaces monthly and as needed.

• Décor: Dust wall hanging décor in all areas quarterly.

• Vents: Dust monthly

VI CONSUMABLES

• Invoicing: Must be submitted on separate invoice from monthly service invoicing.

• Onsite Storage: The Vendor is responsible for staging and managing all consumables at various designated municipal facilities.

SITE VISIT

A mandatory site visit will be conducted Wednesday, June 10, 2026, at 448 Hwy 75N (New City Service Center). We will meet at this location, and the tour will start promptly at 10:00 A.M.

All who wish to attend may pre-register. Please contact Lucy Gonzalez, Procurement Manger via email:

purchasing@huntsvilletx.gov no later than Tuesday, June 9, 2026, by 4:00 P.M.

Include:

Bid: RFP 26-18 CUSTODIAL SERVICES Company Name:

Representative’s Name:

Phone Number:

Email:

PRICE CHART

LOCATION SCHEDULE MONTHLY COST LOCATION SCHEDULE MONTHLY COST

City Hall 1220 11th Street Huntsville, TX

MO-FR

After 5 PM

MO

Public Library 1219 13th Street Huntsville, TX

MO-FR

After 7 PM

SA

After 4 PM MO

Service Center 448 St. Hwy 75 North Huntsville, TX

MO-FR

After 5 PM

MO

unicipal Court Office 717 FM 2821 Huntsville, TX X X

Service Center

NEW ADDITION

448 St. Hwy 75 North Huntsville, TX

MO-FR

After 5 PM

MO

Huntsville Municipal Airport 1000 Airport Dr.

Huntsville, TX

WE

3 PM – 5 PM

MO

Service Center Warehouse/Parks 450 SH 75 North Huntsville, TX

MO-FR

After 5 PM

MO

MLK

310 Martin Luther King Dr.

Huntsville, TX

By Request

MO

Transfer Station

590 IH 45

Huntsville, TX

TH

3 PM – 5 PM

MO

NEW City Hall 1212 Ave M Huntsville, TX

Daily

10 AM 3 PM

MO-FR

After 5 PM MO

Sam Houston Visitor Center 7600 Hwy 75 South Huntsville, TX

MO, TH

3 PM – 5 PM

MO

Police Department

560 FM 2821 W

Huntsville, TX

X X

Sam Houston Visitor Center Exterior Bathrooms 7600 Hwy 75 South Huntsville, TX

MO, TH

3 PM – 5 PM

SA-SU

MO

Fire Station # 1 1987 Veterans Memorial Dr.

Huntsville, TX

X X

Sam Houston Visitor Center Hodges Building 7600 Hwy 75 South Huntsville, TX

By Request

MO

Fire Station # 2 2109 Sam Houston Ave.

Huntsville, TX

X X

Wynne Home 1428 11th St Huntsville, TX

By Request

MO

Fire Station # 4 1619 Hwy 30 E Huntsville, TX

X X

Main Street Program 1203 University Ave.

Huntsville, TX

TU, TH

3 PM- 5 PM

MO

Fire Station #4 EMS ADMIN 1619 Hwy 30 E Huntsville, TX

X X

ADDITIONAL SERVICES PER HOUR RATE

Floor Stripping Hr

Floor Waxing Hr

Floor Buffing Hr

Removal of Carpet Stains Hr

Windows Exterior/ Interior High Hr

Hourly Rate for Custodian Hr

Additional Cleaning per square foot sqft.

Mark up of Consumables %

Additional Services Offered $

EVALUATION CRITERIA

It is the intent of the City of Huntsville to award this solicitation to the Vendor that provides the best overall value to the City.

Proposals will be reviewed by an evaluation committee and scored based on the criteria below. The committee’s recommendations are subject to approval by the Huntsville City Council.

Following completion of evaluations and any interviews, the committee will identify the Vendor offering the best value to the City and recommend contract award in accordance with the City’s purchasing policies and procedures.

Criteria Detail Points

Cost Proposal & References

• Quality and clarity of the proposed technical approach to completing the work. (5pts)

• Understanding of project scope, regulatory considerations, operational constraints, and integration with existing systems. (5pts)

• Proposed solutions, innovations, or construction methods that reduce risk, improve reliability, or provide long-term operational value. (5pts)

• Approach to minimizing disruptions to ongoing plant operations. (5pts)

Related Experience & Qualifications

• Highlight recent projects (minimum of five (4) projects) that demonstrate the Vendor’s experience and competence in providing custodial services of similar nature and complexity. For each project, provide a brief overview. (30pts).

• Identify the project team, including staffing chart for this contract (5pts).

• Add your marketing pitch and additional services provided (5pts).

Responsiveness & Completeness of Solicitation

• Compliance with all solicitation instructions (5pts).

• Include all completed required forms (5pts).

SOLICITATION FORMAT

Each solicitation must be submitted with the original documents, and all prices must be indicated on the price chart included with this solicitation. All blank spaces for prices must be filled in, in ink or typewritten and must be fully completed and executed when submitted. If the unit price and the total amount named for an item are not in agreement, the unit price alone will be considered as representing the responder's intention and the total will be corrected to conform thereto.

ADDITIONAL CONSIDERATIONS

The City reserves the right to request additional information, conduct interviews, or invite finalists to make presentations to clarify elements of a proposal. The City may consider historical performances, prior business relationships, or other relevant information. The City reserves the right to reject any or all solicitations, waive informalities, and accept the solicitation that the City determines to be most advantageous and in the best interest of the City.

Each solicitation must be fully executed when submitted on the prescribed forms included. All blank spaces for prices must be filled in, in ink or typewritten. If the unit price and the total amount named for an item are not in agreement, the unit price alone will be considered as representing the Vendor’s intention and the total will be corrected to conform thereto. Submissions shall be in the following format:

• TAB 1: Solicitation Document-Signed and Acknowledgement of Addenda, if applicable

• TAB 3: Related Experience and Qualifications

• TAB 6: Cost Proposal

• TAB 7: References

• TAB 2: Required Forms

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, Vendors, 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 is issuing this solicitation to seek proposals from qualified vendors interested in providing comprehensive Custodial services for various City of Huntsville facilities. The objective of this contract is to ensure a clean, sanitary, hygienic, safe, and professionally maintained working environment through consistent and high-quality custodial services. Services shall include, but are not limited to, light dusting, floor care, trash removal, cleaning and disinfecting doors, restrooms, conference rooms, and other common areas, with daily, weekly, and monthly cleaning requirements.

PUBLIC INFORMATION

This solicitation is subject to TGC Chapter 552, Subchapter J (Sections 552.371–552.376) which mandates that certain 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.

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 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 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

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

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. 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.

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 disclosure.

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 Vendor must comply with all Federal, state, local laws, City policies, and City Charter. 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 (90) 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 City may terminate the Contract for cause upon five (30) 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, 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.

INDEMNIFICATION AGREEMENT

THE PROPOSER RELEASES THE CITY, ITS AGENTS, EMPLOYEES, OFFICERS, AND LEGAL REPRESENTATIVES (COLLECTIVELY THE “CITY”) FROM ALL LIABILITY FOR INJURY, DEATH, OR DAMAGE TO PERSONS OR PROPERTY SUSTAINED IN CONNECTION WITH PERFORMANCE UNDER THIS AGREEMENT, INCLUDING INJURY, DEATH, OR DAMAGE CAUSED BY THE CITY’S SOLE OR CONCURRENT NEGLIGENCE.

THE PROPOSER AGREES TO AND SHALL INDEMNIFY AND HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES (HEREAFTER REFERRED TO AS THE “CITY”) FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION, SUITS AND LIABILITY OF EVERY KIND, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR DAMAGES TO ANY PERSON(S) OR PROPERTY TO THE EXTENT ARISING OUT OF OR IN CONNECTION WITH AN ACT OF NEGLIGENCE, INTENTIONAL TORT, INTELLECTUAL PROPERTY INFRINGEMENT, OR FAILURE TO PAY A SUBCONTRACTOR OR SUPPLIER COMMITTED BY THE PROPOSER OR THE PROPOSER’S AGENT, CONSULTANT UNDER CONTRACT, OR ANOTHER ENTITY OVER WHICH THE PROPOSER EXERCISES CONTROL (COLLECTIVELY THE PROPOSER’S PARTIES). IT IS THE EXPRESSED INTENTION OF THE PARTIES HERETO, BOTH THE PROPOSER AND CITY, THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY THE PROPOSER TO INDEMNIFY AND PROTECT THE CITY FROM THE CONSEQUENCES OF THE PROPOSER’S PARTIES’ OWN WILLFUL MISCONDUCT, JOINT OR SOLE NEGLIGENCE AS WELL AS THE PROPOSER’S PARTIES’ INTENTIONAL TORTS, INTELLECTUAL PROPERTY INFRINGEMENTS, AND FAILURES TO MAKE PAYMENTS ARISING OUT OF OR IN CONNECTION WITH THIS

AGREEMENT. SUCH INDEMNITY SHALL NOT APPLY, HOWEVER, TO LIABILITY ARISING FROM THE PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE OF PERSONS THAT IS CAUSED BY OR RESULTS FROM THE NEGLIGENCE OF ANY PERSON OTHER THAN THE PROPOSER’S PARTIES. IN THE EVENT THAT ANY ACTION OR PROCEEDING IS BROUGHT AGAINST THE CITY FROM WHICH THE CITY IS INDEMNIFIED, THE PROPOSER

FURTHER AGREES AND COVENANTS TO DEFEND THE ACTION OR PROCEEDING BY LEGAL COUNSEL

ACCEPTABLE TO THE CITY. THE INDEMNITY PROVIDED HEREINABOVE SHALL SURVIVE THE TERMINATION

AND/OR EXPIRATION OF THIS AGREEMENT.

LATE SUBMISSIONS

Solicitations received after the 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 will be governed and construed by Federal, state, local laws, City policies, and City Charter. Information in the record is deemed public record in accordance with the Texas Public Information Act. This agreement is performable in the City of Huntsville, Huntsville, Texas. Each party consents to the exclusive jurisdiction of the state courts having jurisdiction in the City of Walker, Texas. This Contract will be governed by and interpreted in accordance with the laws of the State of Texas, without regard to conflict of laws principles

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.

RECORD RETENTION

Any and all writings, documents, or information in whatsoever form or character produced by vendor pursuant to the provisions of these terms is the exclusive property of the City; and no such writing, document or information shall be the subject to any copyright or proprietary claim by Vendor.

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.

ENTERGY 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.

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 proximity of the Vendor and ability to perform the contract, 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 the award.

WRITTEN MODIFICATIONS

Solicitation responses may not be altered or amended after the submission deadline without a valid justification and written approval from the Purchasing Department. Any interlineation, alteration, or erasure made prior to the opening must be initiated by the authorized signer to certify its authenticity.

CHANGE ORDERS

All change order requests must be submitted in writing to the Purchasing Department and may require approval of the City Council.

DISCLOSURE REQUIREMENT

TLGC Chapter 176 of the mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City, including affiliations and business and financial relationships such persons may have with the City officers or officials.

To the extent there is a conflict between these terms and conditions and the agreement entered into between the City and the selected Vendor the agreement/contract terms prevail.

REQUIRED FORMS

CONFLICT OF INTEREST

No public official shall have interest in this contract, in accordance with Vernon's Texas Codes Annotated, TLGC Title 5.

Subtitle C, Chapter 171. Chapter 176 of the TLGC requires any respondent or person conducting business or wishing to conduct business with a local governmental entity to submit a Conflict of Interest Questionnaire to the appropriate records administrator of the City. For purposes of this solicitation, you may submit the completed form with your response. Each vendor is responsible for verifying they are using the most current form available from www.ethics.state.tx.us. This legislation is subject to change and each vendor should consult their own attorney regarding the current law.

http://www.ethics.state.tx.us/

FORM 1295 CERTIFICATE OF INTERESTED PARTIES

CERTIFICATE OF INTRESTED PARTIES

Texas Ethics Commission (Form 1295)

Pursuant to TGC: Section 2252 of the, any business entity entering into a contract with a local government that requires approval of the governing body must submit a Disclosure of Interested Parties to the local government prior to the execution of the contract. The Texas Ethics Commission (TEC) has adopted a form for the Disclosure of Interested Parties (Form 1295) and has created a website application for business entities to submit the required information.

The City of Huntsville may not enter into a contract that requires the approval of the City Council until the business entity that is a party to the contract files a Form 1295 with the Texas Ethics Commission and the City of Huntsville Purchasing Department.

1. Upon being notified of a bid/recommended award, the award recipient, the business entity, must go to:

https:///www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm and follow the login directions on the website application to complete a Form 1295. If this is a business entity’s first time login on to the website application, the business entity must create a login Username and Password then follow the application’s instructions to complete Form 1295.

2. The City does not have a Contract ID Number System. Please insert the City of Huntsville’s solicitation or project number in this box.

3. Once confirmation is received, that the information has been submitted with the Texas Ethics Commission, the business entity MUST print, sign and date Form 1295.

4. Form 1295 must be filed with the Texas Ethics Commission within seven (7) business days of the date of notification of recommended award. The contract will not be presented to City Council until the form has been filed with the Texas Ethics Commission and the City of Huntsville has received Form 1295.

5. In no way does a request for filing of Form 1295 with the Texas Ethics Commission commit the City to any type of award whatsoever.

6. Once the City of Huntsville Purchasing Department receives Form 1295, the Purchasing Department will submit confirmation of receipt through the Texas Ethics Commission website within thirty (30) days.

7. This process must be followed for each contract requiring City of Huntsville Council approval.

8. A Form 1295 cannot be handwritten. It must be completed electronically through the Texas Ethics Commission website application.

If you have any questions, contact the City of Huntsville Purchasing Department via email at purchsing@huntsvilletx.gov.

INSURANCE REQUIREMENTS

The Vendor shall procure and maintain at its sole cost and expense for the duration of any contract awarded, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the services provided hereunder by the Proposer, its agents, representatives, volunteers, employees or subcontractors.

The Vendor insurance coverage shall be primary insurance with respect to the City, its officials, employees and agents. Any insurance or self-insurance maintained by the City, its officials, employees or agents shall be considered in excess of the Vendor’s insurance and shall not contribute to it. Further, the Vendor shall include all subcontractors, agents and assigns as an additional insured under its policy or shall furnish separate certificates and endorsements for each such person or entity.

All coverage for subcontractors and assigns shall be subject to all of the requirements stated herein.

The awarded respondent shall furnish and keep in full force (at its own cost and expense) the following insurance during the term of any Contract resulting from this solicitation:

● Commercial General Liability at minimum combined single limits of ($1,000,000 per occurrence and $2,000,000 general aggregate) for bodily injury and for property damages, which coverage shall include products/completed operations at $1,000,000 per occurrence.

● Commercial Automobile Liability at minimum combined single limits of $300,000 per occurrence for Bodily Injury and Property Damage, including owned, non-owned, and hired vehicle coverage.

● Professional Liability Insurance at minimum combined single limits of $1,000,000 per occurrence and $2,000,000 aggregate, covering negligence, errors, and omissions in the provision of legal services.

● Workers’ Compensation Insurance meeting the statutory requirements of the State of Texas, if applicable.

Respondents with no employees may provide a written statement confirming exemption from coverage under Texas law.

The following shall be applicable to all policies of insurance required herein:

1. Insurance carrier must have an A.M. Best Rating of A-: VII or better.

2. Only insurance carriers licensed and admitted to do business in the State of Texas will be accepted.

3. Liability policies must be on occurrence form.

4. Upon request and without cost to the City, loss runs (claims listing) of any and/or all insurance coverage shall be furnished to the City.

5. The awarded respondent shall furnish at their own expense to the City of Huntsville, a Certificate of Liability Insurance listing the City as an “Additional Insured” via endorsement. In Description of Operations will need wording similar to: Blanket additional insured is added in favor of the certificate holder with respect to the general liability coverage as required by written contract. Blanket Waiver of Subrogation is added in favor of the certificate holder with respect to workers’ compensations coverage as required by written contract. Certificate Holder to be: City of Huntsville 1212 Ave M Huntsville TX 77340.

6. The required insurance must contain a provision that at least thirty (30) days prior notice of cancellation, non-renewal, or material change of said insurance shall be submitted to the City, by the insurance Vendor. The City reserves the right to full, certified copies of all required insurance policies in writing at no cost to the City.

REFERENCES

Vendor shall submit with their solicitation the name, address, telephone number, and point of contact of at least three (3) companies for which the respondent has done business within the preceding twelve (12) months. References may be checked prior to award. Any negative responses received may result in the disqualification of the response. (Form is attached for your convenience below)

Reference 1

VENDOR NAME: __________________________________________________________

CONTACT: _________________________________________________________________

ADDRESS: _________________________________________________________________

PHONE #: __________________________________________________________________

EMAIL: ____________________________________________________________________

Reference 2

CONTACT: _________________________________________________________________

ADDRESS: _________________________________________________________________

Reference 3

CONTACT: _________________________________________________________________

ADDRESS: _________________________________________________________________

OPTIONAL FORMS

DEVIATIONS

Any terms and conditions or requirements the Vendor would like to request the City evaluate and consider.