ESBD_544124_1785280963556_Bid NO. 26-30 Multi-Site NRCS EWP Funded Repairs.pdf

Huntsville

CITY OF

INVITATION TO BID NO. 26-30

“Multi-Site NRCS EWP Funded Repairs”

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 Bid NO.

26-30 Multi-Site NRCS EWP Funded Repairs.

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

August 25, 2026

MARK ENVELOPE: “Solicitation Packet 26-30”

RETURN SEALED:

City of Huntsville

City Secretary c/o Purchasing Department

1212 Avenue M

Huntsville, Texas 77420 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.

July 28, 2026 – Release Solicitation

August 1 and August 8 - Legal Advertisement

August 11, 2026 – Pre-Bid Meeting & Mandatory Site Visit

August 13, 2026 – Questions Due to the Procurement Manager

August 18, 2026 – Final Addendum Posted

August 25, 2026 at 2:00 P.M. – Public Opening

September 2026 – Award Preparation

GENERAL INSTRUCTIONS

Submissions must be in a sealed envelope clearly marked “Bid NO. 26-30 Multi-Site NRCS EWP Funded Repairs.

” 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, 1212 Avenue M, Huntsville, Texas 77340. 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 August 13, 2026 @ 10:00 A.M will be considered void and unacceptable.

A written addendum will be issued as a response and will be posted on or before August 18, 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 objective of this solicitation is to complete Natural Resources Conservation Service (NRCS) funded repairs at multiple sites within the City of Huntsville, Texas. Rather than focusing solely on the lowest price, the best value considers factors like product durability, vendor performance, availability, and delivery, ensuring long-term efficiency, reduced downtime, and overall value for the organization.

TERM OF CONTRACT

This contract shall be effective from the date of award and will expire no later than October 30, 2026 to allow for submission of documents to our funding source. The Vendor must complete the projects to include punch list work on or before October 30, 2026. Vendor must account for all delays while meeting this strict schedule, without exception.

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.

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

PROJECT 1: 7TH STREET REPAIR

The City of Huntsville is requesting bids to remove and replace the storm sewer pipe, inlet, and headwall, in addition a large washout near the storm sewer needs to be filled in Thomason Park near Town Creek off of 7th Street.

• The storm sewer system shall be replaced with like size in diameter, length, width, and height.

• Proper bedding with cement stabilized sand shall be utilized.

• The inlet and headwall shall be replaced with concrete to City of Huntsville specifications.

• HDPE pipes may be used in place of CMP or RCP.

• Rip Rap shall be used at the pipe outfall and downstream.

• The large washout shall be filled with select fill material, compacted, and topped with top soil, then sodded with Bermuda grass.

• All costs for removal of existing pipe and installation of new pipe shall be clearly tracked and invoiced separately from earth work.

PROJECT 2: COTONWOOD CHANNEL LINING

The City of Huntsville is requesting bids for channel lining.

• 18-24” riprap in Town Creek just south of Cottonwood Street.

• The area is approximately 250 feet in length, 25 feet in depth

• The estimated toe of fill is 10 feet Material Estimate: 2,315 tons

PROJECT 3: RYANS FERRY ROAD CHANNEL LINING

The City of Huntsville is requesting bids for Channel Lining.

• 18-24” riprap on Horse Creek at Ryans Ferry Road

• The length of fill for the north side of Ryans Ferry is approximately 150 feet, the depth of fill is 25 feet

• The estimated toe of fill is 10 feet Material estimate is 1,388 tons

• The area of fill on the south side of Ryans Ferry is 50 feet by 30 feet, and a depth of 4 feet.

Material Estimate: 222 tons.

PROJECT 4: SIMS LANE CHANNEL LINING

The City of Huntsville is requesting bids for repairs on Sims Lane.

• The bank of Tanyard Creek washed at this location.

• Large riprap is needed to reestablish and secure the creek bank on the east side of Tanyard Creek.

• The damaged area is approximately 3,800 square feet,

• Material Estimate: 1,000 cubic yards of 24” riprap

• The soil under the home was undermined during the storm as well but this has been remediated by the property owner.

PROJECT 5: TOWN CREEK WASHOUT

The City of Huntsville is requesting bids for repairs to a large hole (30x50x30 feet) due to erosion at the Town Creek Channel. A concrete surface drainage flume was destroyed, and a large section of bank channel was eroded away.

• The channel bank for approximately 50 feet on either side of the hole is eroded.

• The concrete drainage flume collapsed into the hole when the washout happened.

• A 4-inch drainpipe from the Splash Pad was exposed and damaged during the erosion.

• Material Estimate: 1,750 cubic yards of select fill and approximately 250 cubic yards of 18-24” riprap as cover.

• Material Estimate (Additional Bank): 340 cubic yards of 18-24” riprap

• Material Estimate (Flume): 14 cubic yards of concrete with forms, rebar, and labor to install.

• The 4” drainpipe should be rerouted to not interfere with the remediation of the damaged areas.

• All cost for rerouting of the existing 4” drain pipe shall be clearly tracked and invoiced separately from earthwork.

PROJECT 6: AVENUE J

The City of Huntsville is requesting bids for repairs due to erosion on Ave J for erosion approximately 100 feet on the northern bank and approximately 50 feet on the southern bank.

• A sewer line is exposed in the channel and should be protected with riprap or other suitable material.

• Material Estimate: 300 cubic yards of 18 to 24” riprap

SOLICITATION FORMAT

Each solicitation must be submitted with five (5) copies, one (1) unbound original, and all prices must be indicated on the price chart included with this solicitation. 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.”

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.

PRICE CHART

The amount provided shall be inclusive of all labor, materials, services, and equipment required to complete the project.

Description Amount Amount In Words

7th Street Repair $____________

________________________________dollars and cents_______________

Removal and Instillation of Pipe

Numbers of Calander Days to Complete After Award: ______________________

Cotton Wood $____________

Ryans Ferry Road

Sims Lane $____________

Town Creek $____________

Rerouting of the existing 4” drain pipe

Avenue J $____________

SITE VISIT

A mandatory site visit will be conducted Tuesday, August 11, 2026, at 10:00 A.M. at 448 Hwy 75N Huntsville, TX (New City Service Center) The grey building behind the (Old City Service Center) white building.

This site visit is the opportunity for all interested vendors to measure and inspect worksites as the currently exist.

All who wish to attend may pre-register. Please email: purchasing@huntsvilletx.gov no later than Monday, August 10, 2026, by 4:00 P.M.

Include:

Bid: Bid NO. 26-30 Multi-Site NRCS EWP Funded Repairs.

Company Name:

Representative’s Name:

Phone Number:

Email:

BID BOND

An original embossed bid bond made payable to the City of Huntsville, Texas in an amount of 10% of the bid submitted must accompany each bid as a guarantee that if awarded the contract, the bidder will enter into a contract and execute such bonds as required within ten (10) days of award of contract by City Council.

BONDING REQUIREMENTS

These bonds shall remain in effect until both the final payment is made and the closeout of the project is finalized.

1. Bid Bond The Vendor must submit an original bid bond made payable to the City of Huntsville, Texas in an amount of 10% of the total solicitation amount. The bid bond must be from a certified State of Texas surety company. The bid bond submitted must accompany each bid as a guarantee that if awarded the contract, the vendor will enter into a contract and execute such bonds as required within ten (10) days of award of contract by City Council.

2. Performance Bond Based on receiving notification of City Council approval, the Vendor must submit an original performance bond made payable to the City of Huntsville in the amount of 100% of the total solicitation amount. The performance bond must be from a certified State of Texas surety company. Should the payment bond not be provided within ten (10) calendar days the City of Huntsville reserves the right to award the next responsible Vendor or re solicit.

3. Payment Bond Based on receiving notification of City Council approval, the Vendor must submit an original payment bond made payable to the City of Huntsville in the amount of 100% of the total solicitation amount. The payment bond must be from a certified State of Texas surety company. Should the payment bond not be provided within ten (10) calendar days the City of Huntsville reserves the right to award the next responsible Vendor or re solicit. The payment bond is a guarantee that the Vendor will pay the Vendor’s subcontractors and vendors for the work completed. The payment of a payment bond directly pays those owed by the vendor.

The City may charge against the Vendor the difference between the amount of the bid, and the amount for which a contract is subsequently executed irrespective of whether this difference exceeds the amount of the bid bond. If a more favorable solicitation is received through re-advertisement, the defaulting Vendor shall have no claim against the City for a refund.

LIQUIDATED DAMAGES

The total project must be completed in no more than ninety (90) calendar days from the date of award – per written Notice or issuance of purchase order. The awarded firm will be accessed a one thousand five hundred dollars ($1,500.00) per calendar day for all non-completion of work beyond pre-approved number of calendar days from date of notice to proceed (non-completion of work includes removal of all equipment and materials from job site). This amount will be taken/reduced from the final invoice. All requested weather days must be submitted in writing to the City of Huntsville Public Works Director on the day of bad weather. A maximum of five (5) calendar days for requested weather delays will be allowed by the Public Works Director, any requested weather days beyond five calendar days may require City Manager approval.

TRAFFIC AND ACCESS, WARNING SIGNS, BARRICADES, DETOURS

1. Traffic and Access

• The Vendor shall provide temporary "No Parking" and all other signs which may be deemed necessary for the safe and orderly conduct of vehicular traffic as directed by the City and as specified herein. Vendor shall also provide a barricaded area in the parking lane for pedestrian traffic during such time as the parkway is unfit to be used for pedestrian traffic.

• At such times as driveways are inaccessible due to the related work, they shall be blocked by two (2) delineators. Driveways that are ramped or planked for temporary access shall be provided with a barricade or delineator at each side. The Vendor shall give 24-hour notice to affected property owners prior to blocking any driveway.

• The Vendor shall provide access for refuse collection on the regularly scheduled days. The Vendor shall also facilitate or assist in the collection where such work is hampered by his operations.

2. Street Closures, Detours, Barricades

• The Vendor shall not close any street within the City of Huntsville without first obtaining the approval of the City. Barricading, traffic control and detour diagrams shall be submitted by the Vendor as required by the City. The Vendor shall maintain traffic control and provide and install barricades, delineators, warning devices and construction signs in accordance with Sections 7.7 land 7.8 of the Texas Highway Department "Standard Specifications for Construction of Highways, Streets and Bridges", latest edition, and in accordance with the Texas Manual on Uniform Traffic Control Devices, latest edition.

• The Vendor shall provide and maintain Class II barricades along excavation edges parallel to the flow of traffic at a spacing of twenty-five feet (25'). Class II barricades mounted with flashers shall be installed around work areas in parkways. Class II barricades shall have alternating black and reflectorized white (or yellow) stripes at an angle of 45 degrees. The stripe width shall be four to six inches (4" - 6").

• During paving operations barricades may be supplemented with minimum size eighteen-inch (18") high traffic cones and delineators such that spacing between barricades and/or cones or delineators is no greater than twenty-five feet (25'). At all access points such as intersecting streets, alleys and driveways, barricades and/or cones shall be provided at five-foot (5') intervals so as to prevent vehicular access to the paving area.

Where access from an intersecting street is prohibited, a "Road Closed" sign shall be provided at the nearest prior intersection. "No Left Turn" signs shall be provided wherever required by the City.

• When one-way access from a side street or alley is permitted, barricades and cones shall be provided at five-foot (5') intervals for a distance of fifty feet (50') on either side of the centerline of the intersecting street or alley.

• Should the Vendor fail to furnish a sufficient number of traffic and/or pedestrian safety devices, the City will place such necessary items and the Vendor shall be liable for the cost to the City for providing such devices.

• Judgement as to adequate or sufficient barricading shall be that which is adequate or sufficient in the opinion of the City. The Vendor shall relocate, preserve and maintain the visibility of all existing signs within the project limits which affect the flow of traffic, as directed by the City. Any signs which are damaged or found to be missing during the course of construction shall be replaced by the Vendor at his expense as directed by the City. All other signs that interfere with the course of work and are not necessary for the safe flow of traffic will be removed and replaced by the City. Traffic control signs include Stop Signs, Speed Limit, Parking Restrictions and other regulatory signs.

• Unless otherwise specified in these documents or on the plans, traffic control and safety requirements shall be considered as part of or incidental to all related bid items and the costs therefor are to be included in the prices bid for such related items of work

SUBCONTRACTORS

1. The Vendor may utilize the services of specialty subcontractors on those parts of the work which, under normal contracting practices, are performed by specialty subcontractors.

2. The Vendor shall not award work to subcontractors in excess of fifty (50%) percent of the contract price, without prior written approval of the City.

3. The Vendor shall be fully responsible to the City for the acts and omissions of his subcontractors and of persons either directly or indirectly employed by them, as the Vendor is for the acts and omissions of persons directly employed.

4. The Vendor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind subcontractors to the Vendor by the terms of the contract documents insofar as applicable to the work of subcontractors and to give the Vendor the same power in regard to terminating any subcontract that the City may exercise over the Vendor under any provision of the contract documents.

5. Nothing contained in this contract shall create any contractual relation between any subcontractor and the City.

WATER FOR CONSTRUCTION

The City shall furnish all water necessary for the completion of the work. All costs associated with collecting and transporting of water shall be borne by the Vendor.

GAS AND ELECTRICITY FOR CONSTRUCTION

The Vendor is responsible for providing any gas and electrical power for the work.

PERMITS

The Vendor shall procure and pay for all permits, licenses and approvals for execution of this contract. The City shall issue “NO FEE” permits for all work permitted by it.

TESTING, INSPECTION AND CONTROL

1. All materials and equipment used in the project shall be subject to adequate inspection and testing in accordance with generally accepted standard.

2. The Vendor shall provide at his expense the necessary testing and inspection services required by the contract documents, unless otherwise provided.

3. The City shall provide all other inspection and testing services not required of the Vendor in the contract documents.

4. If the contract documents, laws, ordinances, rules, regulations or orders of any public authority having jurisdiction require any work to specifically be inspected, tested, or approved by someone other than the Vendor, the Vendor will give the City timely notice of readiness. The Vendor will then furnish the City the required certificates of inspection, testing or approval.

5. Neither observations by the City nor inspections, tests or approvals by persons other than the Vendor shall relieve the Vendor from the obligations to perform the work in accordance with the requirements of the contract documents.

6. The City will at all times have access to the work. In addition, authorized representatives and agents of any participating Federal or State agency shall be permitted to inspect all work, material, payrolls, records of personnel, invoices of materials, and other relevant data and records. The Vendor will provide proper facilities for such access an observation of the work and also for any inspection or testing thereof.

7. If any work is covered up contrary to the request of the City, it must be uncovered for his observation and such cover material replaced at the Vendors expense.

USE OF PREMISES AND REMOVAL OF DEBRIS

The Vendor expressly undertakes at his own expense:

1. Take every precaution against injuries to persons or damage to property;

2. Store apparatus, materials, supplies and equipment in such orderly fashion at the site of the work as will duly interfere with the progress of work.

3. Clean up frequently all refuse, rubbish, scrap materials, and debris caused by operations, to the end that at all times the site of the work shall present a neat, orderly, and workmanlike appearance.

4. Remove all surplus materials, false work, temporary structures, including foundations thereof, plant of any description and debris of every nature resulting from his operation, and put the site in a neat, orderly condition.

PROTECTION OF TREES, PLANTS AND SHRUBS

The Vendor shall protect all trees, plants, shrubs and other landscaping which are not specifically within the limits of new construction as shown on the project plans. Removals of any trees, plants and shrubs within the project limits shall only be at the direction of the City.

LANDFILL DUMPING REQUIREMENTS FOR CONSTRUCTION CONTRACTORS

1. All material brought to the landfill will be charged a dumping fee.

2. Trees, stumps, and large limbs over 4" in diameter must be cut no longer than 4' in length.

3. Trees, stumps, and large limbs must be separated from garbage and trash.

4. Dirt which is attached to the tree stumps must be removed.

5. Concrete and brick must be separated from garbage and trash.

PROJECT SITE SAFETY

The Vendor shall be solely responsible for the safety and security of the project site and for protecting its employees, subcontractors, the Owner's personnel, the public, adjacent property, and the environment from hazards associated with the performance of the work. The Vendor shall establish, implement, and maintain all necessary safety measures, procedures, barriers, warning signs, traffic control devices, personal protective equipment, and other protective systems required to perform the work in accordance with applicable federal, state, and local laws, regulations, and recognized industry safety standards, including all applicable Occupational Safety and Health Administration (OSHA) requirements. The Vendor shall promptly correct any unsafe condition arising from its operations and shall immediately notify the City of any incident, accident, injury, property damage, environmental release, or regulatory violation occurring in connection with the work. The Vendor's responsibility for project site safety shall remain in effect from the time of mobilization until final completion and acceptance of the work, and no act or omission by the Owner shall relieve the Contractor of its obligations under this provision.

MOBILIZATION / DEMOBILIZATION

The Vendor shall furnish all labor, supervision, equipment, materials, tools, transportation, temporary facilities, traffic control, erosion and sediment control measures, and incidentals necessary to safely mobilize to and demobilize from the project site(s). All costs associated with mobilization, demobilization, site restoration, and compliance with applicable federal, state, and local laws, regulations, permit requirements, and contract provisions shall be included in the Contract Price, and no additional compensation shall be provided unless authorized by a written Contract modification executed by the City.

1. Mobilization shall include all activities required to prepare for the commencement of work, including transporting personnel and equipment, establishing temporary work areas, obtaining required permits and notifications, implementing required environmental protection measures, and coordinating with the City.

2. Demobilization shall include the complete removal of personnel, equipment, temporary facilities, construction materials, debris, waste, and all other items associated with the work. Upon completion of the project, the Vendor shall restore all disturbed areas to a clean, safe, and stable condition equal to or better than their pre-work condition, unless otherwise specified in the Contract.

SUBSTANTIAL COMPLETION

The Vendor shall diligently prosecute the Work and achieve Substantial Completion within the time specified in the Contract Documents, including any approved extensions. Substantial Completion shall be deemed to have occurred when the Work, or a designated portion thereof, is sufficiently complete in accordance with the Contract Documents so that it can be safely and effectively used for its intended purpose, as determined by the Owner. Prior to requesting a determination of Substantial Completion, the Contractor shall complete all major work items, restore the project site to a safe and orderly condition, remove unnecessary equipment and debris, and provide any required inspections, testing, certifications, and documentation necessary to demonstrate compliance with the Contract requirements. The Contractor shall submit a written request for Substantial Completion to the Owner, together with a list of any remaining minor corrective or punch list items. The determination of Substantial Completion shall not relieve the Contractor of the obligation to promptly complete all remaining work, correct deficient or nonconforming work, satisfy all warranty obligations, or comply with any other requirements of the Contract.

PUNCH LIST

Upon the City's determination of Substantial Completion, the City will prepare or approve a Punch List identifying any remaining incomplete, defective, or nonconforming Work. The Vendor shall promptly complete or correct all Punch List items at no additional cost to the City within the time period specified by the City or as otherwise provided in the Contract Documents.

Completion of Punch List items shall include furnishing all labor, materials, equipment, supervision, testing, inspections, adjustments, cleanup, and incidentals necessary to fully satisfy the Contract requirements. Failure of the Contractor to complete all Punch List items within the prescribed timeframe may constitute a default under the Contract and may result in the City withholding payment, performing the work through other means at the Contractor's expense, assessing damages if provided for elsewhere in the Contract, or exercising any other remedies available under the Contract or applicable law. Final acceptance of the Work and release of any remaining contract funds shall not occur until all Punch List items have been completed to the satisfaction of the City and all required closeout documents have been submitted and approved.

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 is soliciting proposals from experienced and qualified vendors to provide Maintenance, Repair and Operations (MRO) supplies to the City in accordance with Local Government Code Chapter 252.

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 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

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. All subcontractor must be approved in writing by the City prior to any work being initiated.

BRAND NAMES

Specifications may reference name brands, make, and/or model numbers. Any reference made to brand, make, and/or model 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 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 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 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 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 60 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 VENDOR 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 VENDOR’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 VENDOR, 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 VENDOR, INCLUDING BUT NOT LIMITED TO ITS OFFICER, AGENTS, EMPLOYEES, SUBCONTRACTORS, LICENSES, INVITEES, AND OTHER PERSONS. IT IS THE EXPRESS INTENTION OF THE PARTIES HERETO, BOTH THE CITY AND THE VENDOR, 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 the 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 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.

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:

accountspayable@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 accountspayable@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

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.

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:accountspayable@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.

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.

TAX EXEMPTION

The City is exempt from Federal Excise, State and Local Sales and Transportation Taxes. Tax must not be included in solicitation.