Huntsville

CITY OF

INVITATION TO BID NO. 27-02

“SAFETY WORK BOOTS”

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.

27-02 SAFETY WORK BOOTS.

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

September 30, 2026

MARK ENVELOPE: “Solicitation Packet 27-02”

RETURN SEALED

City of Huntsville

City Secretary c/o Purchasing Department

1212 Avenue M

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.

September 21, 2026 – Release Solicitation

September 23 & 30, 2026 - Legal Advertisement

September 30, 2026 – Questions Due to purchasing@huntsvilletx.gov

October 2, 2026 – Final Addendum Posted

October 8, 2026 at 2:30 P.M. – Public Opening

October 2026 – Award Preparation

GENERAL INSTRUCTIONS

Submissions must be in a sealed envelope clearly marked “Bid NO. 27-02 SAFETY WORK BOOTS” 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, City of Huntsville City Hall, 1212 Avenue M, 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) 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 September 30, 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 October 2, 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 mailto:purchasing@huntsvilletx.gov http://www.huntsvilletx.gov/business/bids_and_rfps/bid_tabulations/

OBJECTIVE

The objective of this solicitation is to secure the necessary safety work boots while achieving the most advantageous combination of cost, quality, and reliability. Rather than focusing solely on the lowest price, the evaluation 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

The term of this contract shall be from: October 1, 2026 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.

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 recognizes that any one responder may not provide all product lines. All products (catalog or non-catalog drop-shipped) provided by the Vendor shall be included in your response to this solicitation. All products, supplies and accessories carried in a respondent’s catalog, price book(s) or otherwise available by special order are part of this solicitation.

Award will be based on percentage (%) points/discount off respondent’s shelf price or catalogue price; however, preference will be given to Vendors with a store front located in the City of Huntsville, Walker County, Texas.

Vendors without a store front located in the City of Huntsville, Walker County, Texas must ship with shipping terms to be Free on Board (FOB) destination, freight prepaid and allowed. Destination would be City of Huntsville Service Center, 448 Texas 75, Huntsville, TX 77320. All items must be packaged so as to be protected from damage during shipping and handling. Any item(s) damaged in shipping must be replaced in kind by the responder at no additional charge to the City.

The City reserves the right to request and receive, at no additional cost, up to one (1) time per year during the contract period, a usage report detailing the products and/or services furnished to date under a contract resulting from this solicitation. The reports must be furnished no later than seven (7) working days after receiving the written request and must include the City department that ordered the product, description of each item purchased, including manufacturer, quantity of each item purchased, shelf price, discount amount and extended price of each item purchased.

MATERIALS

• All materials used shall be subject to the approval of the City of Huntsville. Boots shall comply with the requirements of ASTM Standards for Foot Protection and/or OSHA 29 CFR Personal Protection;

• All items and materials must be new and unused;

• All boots must be manufactured utilizing full grain leather with the exception of leather/rubber combination for water resistant boots;

• All boots must have a cushion insole;

• Tint/color of boots shall by either brown/tan or black.

MINIMUM REQUIREMENTS

• May have the ability for City staff to purchase in store within city limits of Huntsville, TX;

• Must have available stock of all agreed to boots, if out of stock must be able to offer replacement at same price or stock outs available within 5 business days;

• Must have ability to have a minimum of three brands in store;

• Must have store hours at a minimum of 10:00 am to 5:00 pm Monday – Friday except holidays;

• Special order boots must have prior written approval from the City.

PRICE

• Pricing shall include the cost of the product and cost of delivery as offered in this bid and shall incorporate all related charges including, but not limited to fuel surcharge, environmental, drop ship charges, demurrage, or any extraneous charge. The City is exempt from state sales tax.

• The City will meet with awarded responder prior to any authorized purchase to ensure proper procedures are followed for both parties.

• The City understands that makes and model numbers may be discontinued at no fault of the awarded responder.

Awarded responder to notify the City with replacement make and model number prior to sale.

QUANTITY

Yearly estimated quantiles of 150 boots 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 in the unit bid prices.

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.

PRICE CHART

Responder to list all brands and model numbers they wish to sell to the City of Huntsville. Vendors may bid any combination, brand only, model number only or mix brand and model number. Vendors may add other for sale items to the pricing table.

Line Item Brand Name Model

Number Available in store (Yes/No)

MSRP

Price

MSRP %

Discount

Price after MSRP Discount / Final Price

EXAMPLE Justin Brand 2450 Yes $120.00 30% $84.00

Option 1

Option 2

Option 3

Option 4

Option 5

Option 6

Is your store front with the City of Huntsville? __Yes __No

Will you delivery to the City of Huntsville Service Center, located at 450 Highway 75 N. Huntsville, TX 77320? __Yes __No

If yes, what is your delivery fee per drop? ___________________________

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

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.

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 subVendors 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 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.

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

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 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 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, SUBVENDORS, 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. 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 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.

SAFETY STANDARDS & ACCIDENT PREVENTION

With respect to all work performed under this solicitation, the Vendor shall:

● Exercise every precaution at all times for the prevention of accidents and the protection of persons (including employees) and property.

● Maintain at his office or other well-known place at the job site, all articles necessary for giving first aid to the injured and shall make standing arrangements for the immediate removal to a hospital or a doctor's care of persons (including employees), who may be injured on the job site. In no case shall employees be permitted to work at a job site before the employer has made a standing arrangement for removal of injured persons to a hospital or a doctor's care.

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 these terms and conditions control.

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 the following website:

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. It 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 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 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.

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 when requested in writing.

Evidence of insurability must be included in the Statement of Qualifications, and a valid Certificate of Insurance must be received by the City of Huntsville within ten (10) calendar days of contract award.

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.