ESBD_564623_1791227211711_RFQ 27-03 Civil Engineering Services.pdf

Huntsville

CITY OF

REQUEST FOR QUALIFICATIONS RFQ NO. 27-03

“CIVIL ENGINEERING SERVICES”

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

POINT OF CONTACT

Email: Purchasing@huntsvilletx.gov

The Vendor’s signature is required for acceptance of this solicitation and confirms the Vendor has read and understands all requirements concerning this solicitation, the undersigned affirms they are duly authorized to execute the Contract. The City of Huntsville is not responsible for solicitations received after submission deadline for any reason and will be considered void and unacceptable. Hand delivered or mailed offers must be SEALED in an envelope, CLEARLY marked with RFQ 27-03 Civil Engineering Services.

CERTIFICATION OF OFFER

Company Name ___________________________________________________________________ Date: _______________________

Signed By: ______________________________________________________Title: _________________________________________

Typed/Printed Name: ________________________________________________________ Phone: ___________________________

Mailing Address: ___________________________________________________________ Tax ID Number: _____________________

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

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

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

Sealed solicitations shall be received no later than:

2:00 P.M., Central Time

October 28, 2026

MARK ENVELOPE: “Solicitation Packet 27-03”

ALL PAGES MUST BE INITIALED AND

RETURNED, IF NOT BID MAY BE REJECTED.

RETURN SEALED RFQ:

City of Huntsville

City Secretary c/o Purchasing Department

1212 Avenue M

Huntsville, Texas 77340 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.

October 5, 2026 – Release Solicitation

October 7 2026 & October 14, 2026 - Legal Advertisement

October 14, 2026 – Questions Due to purchasing@huntsvilletx.gov.

October 20, 2026 – Final Addendum Posted

October 28, 2026 at 2:00 P.M. – Closes

November 3-5, 2026 – Interviews with Selected Vendors, if needed

November 2026 – Award Preparation

GENERAL INSTRUCTIONS

Submissions must be in a sealed envelope clearly marked “RFQ 27-03 Civil Engineering Services” It is the sole responsibility of the Vendor to ensure the packet is received at the designated location before the deadline.

No public reading of responses will be conducted. Responses will be received and handled in accordance with the City’s applicable procurement procedures.

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 October 14, 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 20, 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 establish one or more qualified Vendors to provide comprehensive civil engineering and related professional services on an as-needed basis to support City wide infrastructure, capital improvement, and development projects. The selected Vendors will deliver timely, cost-effective, and technically sound consulting, planning, design, analysis, permitting, and construction-phase services to assist the City in maintaining, improving, and expanding public facilities and infrastructure in accordance with applicable regulations, standards, and best practices.

TERM OF CONTRACT

The initial term of this Contract shall be three (3) years, commencing on the Effective Date of the Contract.

SELECTION AND AWARD

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

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

SCOPE OF WORK

This solicitation is for professional services only. References to construction mean construction administration, observation, inspection support, constructability review, and related professional services. They do not authorize the consultant to perform construction work unless separately procured and Contracted in accordance with applicable law.

Services could include, but are not limited to, providing professional consulting, planning, design, analysis, and construction support for the City’s infrastructure and facility projects. Services may include water and wastewater system design; roadway, stormwater, and site design; architectural services; geotechnical and materials testing; environmental services; surveying;

traffic operations; landscape architecture; structural, mechanical (HVAC and plumbing), and electrical engineering; floodplain management analysis; and other related services requiring a licensed professional to support City’s projects as needed.

● Design: Water and Wastewater System Infrastructure, Roadway, Stormwater, Site, Etc.

● Architect: Building and Landscape

● Geotechnical Services

● Construction

● Environmental Services

● Surveying Services

● Traffic Operations

● Structural and Electrical Engineer Services: Building, HVAC, Plumbing, Etc.

● Flood Plain Management

● Consulting Services

● Other projects that require a licensed professional for design, consulting, or solutions

The awarded Contract(s) will be indefinite delivery, indefinite quantity (IDIQ) Contracts and in accordance with Texas Government Code 2254.004

ASSIGNMENT OF WORK AND ASSEMBLY OF DESIGN TEAMS

All Vendors selected through this RFQ will be eligible to serve as a Vendor or as a subconsultant on individual City tasks. The City, in its sole discretion, will assemble the design team and designate the Vendor and any required subconsultants, which may include surveying, geotechnical, environmental, architectural, traffic, structural, mechanical, electrical, materials testing, or other professional disciplines, for each project.

TASK ORDER WITH PRIME CONSULTANT

The City will issue a task order to the prime consultant designated by the City for that task. The task order will identify the scope, deliverables, schedule, compensation method, not-to-exceed amount, funding source, designated subconsultants, and project-specific requirements. No services may begin without an executed task order.

CITY-DESIGNATED SUBCONSULTANTS

The primary Vendor will enter into written subconsultant Contract with the Vendor designated by the City for the task. The prime Vendor must use the fee rates previously negotiated by the City and be incorporated into the applicable Contracts, subject to the permitted annual escalation. The prime Vendor must not substitute, remove, or add a subconsultant without the City’s prior written approval.

PRIME CONSULTANT RESPONSIBILITY

The prime Vendor will be Contractually responsible to the City for coordination, administration, invoicing, quality control, schedule compliance, and performance of the complete design team. Each subconsultant Contract must include all applicable City Contract requirements and federal, state, audit, insurance, records-retention, and compliance provisions. The City’s designation of a subconsultant does not create a direct Contractual relationship between the City and that subconsultant under the task order.

GUARANTEE OF WORK

The City does not guarantee any minimum quantity, frequency, or dollar value of work. Subject to applicable law, procurement requirements, and available appropriations, the City may assign work to the Vendor, perform work with City personnel, use other vendors or Contractors, or elect not to proceed with any assignment. The Vendor shall have no claim for compensation except for work properly authorized and performed.

FEE RATE SCHEDULE

The City will negotiate a fee rate schedule with each selected Vendor. The negotiated fee rate schedule will apply to all task orders issued. The Vendor may request an adjustment to the fee rates of up to four percent (4%) on each annual anniversary of the Effective Date. Any rate adjustment shall be submitted to and approved by the City in writing prior to becoming effective and shall not be applied retroactively.

PROPOSAL FORMAT

Respondents must submit four (4) copies, including one (1) unbound original, and one (1) searchable PDF copy on a USB drive. The outside cover or first page of the original should clearly display the respondent’s firm name, contact information, business address, and the designation “Original.”

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

The combined response to Tabs A through C shall not exceed twelve (12) single-sided pages, allocated as follows:

• Cover Letter - 1 page

• Firm Overview and Qualifications - 1 page

• Capacity and Project Team - 3 pages

• Resumes of Key Personnel - 5 pages

• Previous Work Experience - 2 pages

• Required forms and supporting documentation under Tab D are excluded from this page limit.

EVALUATION CRITERIA

The City’s evaluation committee will conduct a comprehensive, fair, and impartial evaluation of all solicitations submitted.

Each Statement will be reviewed to determine overall responsiveness and the Vendors ability to provide the services described herein. The adequacy, depth, organization, and clarity of each response will be considered as part of the evaluation process. Vendors shall clearly label and organize their submissions using the designated tab identifiers associated with each evaluation criterion.

Solicitations will be scored in accordance with the evaluation criteria and corresponding point values identified in this section. Based on the initial evaluation, the City may select all, some, or none of the respondents to participate in interviews.

If interviews are conducted, respondents may be reevaluated using the same scoring criteria.

This procurement is a Qualifications-Based Selection (QBS). No pricing or cost information shall be included in the solicitation submission. In accordance with the Texas Professional Services Procurement Act, Contract fees will be negotiated with the selected respondent following the evaluation process. Upon successful negotiations, the Contract will be submitted to the City Council for approval.

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

TAB EVALUATION CRITERIA POINTS

A Firm Overview and Qualifications 25

B Capacity and Project Team 40

C Previous Work Experience 25

D Quality of Solicitation & Required Forms 10

Tab A. Firm Overview and Qualifications (25 points)

● Cover Letter (1 page maximum): Provide a concise letter on company letterhead, signed by an authorized representative, introducing the firm, confirming interest and identifying the primary contact. The cover letter is required but is not separately scored.

● Firm Overview and Qualifications (1 page maximum): Summarize the Vendor’s past experience, include but not limited to legal name, office location, years in business, relevant disciplines, Texas professional registrations, and qualifications directly related to the services requested by the City.

Tab B. Capacity and Project Team (40 points)

● The City will evaluate the Vendor’s ability to timely perform on-call assignments while managing its current commitments; the qualifications, availability, and organization of the proposed project team; the Vendor’s project-management approach; and its ability to coordinate multiple disciplines and grant-related requirements.

● Capacity and Project Team (3 pages maximum): Identify key personnel and their roles, provide an organizational chart, identify the proposed project manager, describe current workload and availability, explain how the Vendor will respond to on-call requests, and describe its approach to schedule, budget, quality control, communication, and use of subconsultants.

● Resumes of Key Personnel (5 pages maximum): Include concise resumes for the proposed project manager and other key personnel. Each resume should identify relevant experience, education, professional registrations, years of experience, and the person’s role on comparable projects.

Tab C. Previous Work Experience (25 points)

● The City will evaluate the Vendor’s experience and performance on comparable assignments, with particular consideration given to work performed for the City of Huntsville and projects completed in Walker County or surrounding areas. The evaluation may consider quality, responsiveness, adherence to schedules and budgets, familiarity with local conditions and client satisfaction.

● Previous Work Experience (2 pages maximum): Provide a concise list of the Vendor’s most relevant projects, particularly projects completed in Huntsville, Walker County, or surrounding areas. Include project name, location, client, brief description, completion date, construction cost if applicable, services provided, and a client reference. The City may contact references and may consider its own prior experience with the Vendor.

Tab D. Quality of Solicitation and Required Forms (10pts)

● The overall professionalism, clarity, and completeness of the submitted qualifications package. This category also encompasses compliance with the solicitation instructions, such as page limits and organization.

● Include all completed required forms, including the entire original solicitation with Vendor’s name and Initials on each page.

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 Contract between the City and a vendor to furnish goods or services over a designated period of time. Vendor – Any individual, business, or entity that provides, or seeks to provide goods or services through a Contract or purchase order. This includes bidders, Contractors, and suppliers involved at any stage of the procurement process, ranging from solicitation to final Contract award. TLGC- Texas Local Government Code. TGC- Texas Government Code

INTRODUCTION

The City of Huntsville, Texas (“City”) is soliciting Request of Qualifications from Vendors duly registered to practice in the State of Texas that demonstrate the resources, experience, and expertise necessary to provide a comprehensive range of civil engineering services to support current and future City projects, as needed. The City intends to award multiple Contracts as a result of this solicitation to ensure qualified professional services are available to meet project demands.

PUBLIC INFORMATION

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

ACCEPTANCE

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

ADDENDA

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

ADVERTISING

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

ASSIGNMENT

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

IMPROPER COMMUNICATION

Vendors shall not engage in communications with City officials, employees, or representatives concerning the procurement except through the person or process designated in the solicitation, during the procurement process. This restriction does not prohibit communication expressly permitted by the solicitation or required by law.

A Vendor shall not seek, obtain, or use confidential or nonpublic information for the purpose of gaining an unfair advantage, nor engage in collusion, improper influence, or other conduct that would compromise the integrity of the qualifications-based 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 selection process. The City may disqualify a Vendor or take other action permitted by law if it determines that the Vendor engaged in prohibited conduct that materially affected the procurement process.

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

The Vendor may not replace the project manager or other key personnel identified in its qualifications without the City’s prior written approval. Replacement personnel must have qualifications equal to or greater than those of the person being replaced.

Upon payment for the applicable services, the City will own all final reports, plans, specifications, drawings, surveys, data, models, electronic files, and other deliverables prepared specifically for the City. The consultant may retain copies for its records. The City may use, reproduce, modify, and disclose the deliverables for City purposes, subject to appropriate professional review if modified or reused for another project.

The consultant shall perform services with the professional skill and care ordinarily provided by competent practitioners of the same profession practicing under similar circumstances. The consultant shall promptly correct, at no additional cost to the City, errors or omissions resulting from a failure to meet this standard of care.

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

CONTRACT TERMINATION

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

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.

FORCE MAJEURE

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

FUNDING FROM CURRENT REVENUES

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

VENDOR SHALL INDEMNIFY AND SAVE HARMLESS THE CITY AND ALL ITS OFFICERS, AGENTS, AND EMPLOYEES FROM ALL SUITS, ACTIONS, OR CLAIMS OF ANY CHARACTER, NAME AND DESCRIPTION BROUGHT FOR OR ON ACCOUNT OF ANY INJURIES OR DAMAGES RECEIVED OR SUSTAINED BY ANY PERSON OR PERSONS OR PROPERTY RESULTING FROM THE VENDOR’S NEGLIGENT ACT, INTENTIONAL TORT, INTELLECTUAL PROPERTY INFRINGEMENT OR FAILURE TO PAY A SUBCONSULTANT OR SUPPLIER, OR BY OR ON ACCOUNT OF ANY CLAIMS OR AMOUNTS RECOVERED UNDER THE WORKMEN’S COMPENSATION LAW OR ANY OTHER LAW, ORDINANCE, ORDER OR DECREE ARISING THEREFROM. VENDOR SHALL INDEMNIFY AND SAVE HARMLESS THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES IN ACCORDANCE WITH THIS INDEMNIFICATION CLAUSE ONLY FOR THAT PORTION OF THE DAMAGE CAUSED BY VENDOR’S NEGLIGENCE, INTENTIONAL TORT, INTELLECTUAL PROPERTY INFRINGEMENT OR FAILURE TO PAY A SUBCONSULTANT OR SUPPLIER OR ANY OTHER ENTITY OVER WHICH THE ENGINEER EXERCISES CONTROL, SUBJECT TO THE LIMITATIONS IN TEXAS LOCAL GOVERNMENT

CODE § 271.904 AND TEXAS CIVIL PRACTICE AND REMEDIES CODE, § 130.002 (B).

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

LATE SUBMISSIONS

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

TEXAS LAW TO APPLY

The City is a home-rule municipal corporation and a political subdivision of the State of Texas. This Contract shall be construed under and governed by the laws of the State of Texas without regard to conflicts of laws principles. Venue for any matter arising under this Contract shall be in the state courts having jurisdiction in Walker County, Texas.

TEXAS PUBLIC INFORMATION ACT

The City is a governmental entity and is required to strictly comply with the Texas Public Information Act, Chapter 552, Texas Government Code in response to any request for public information pertaining to this Contract.

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

Each invoice must identify the applicable task order, billing period, employee names or classifications, hours, billing rates, subconsultant charges, reimbursable expenses, percent complete by task, amount previously billed, current amount due, and remaining task-order balance.

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 the applicable task order

● Itemized section to include but not limited to billing period, employee names or classifications, hours, billing rates, subconsultant charges, reimbursable expenses, percent complete by task, amount previously billed, current amount due, and remaining task-order balance.

Reimbursable expenses must be authorized in the task order, supported by receipts, and billed at actual cost without markup unless expressly approved in writing.

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

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

PRICE

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

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

RECORD RETENTION

The Vendor and its subconsultant must maintain complete project, financial, payroll, procurement, and supporting records for the period required by the applicable funding source, but not less than seven (7) years after final payment or final resolution of any audit, claim, or litigation, whichever is later. The City and authorized state, federal, and pass-through entities will have access to those records.

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 expense to the City. All samples will be return when applicable.

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

To the extent this solicitation relates to critical infrastructure as that term is defined in Section 2275.0101 of the Texas Government Code, the Vendor verifies that neither it, nor its parent company, is (1) majority owned or controlled by individuals who are citizens of China, Iran, North Korea, or Russia, or by a company or other entity that is owned or directly controlled by the government of China, Iran, North Korea, Russia; (2) headquartered in any of those countries, as prohibited by Section

2275.0102 of the Texas Government Code.

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

BOYCOTT ENERGY COMPANY VERIFICATION

To the extent this solicitation relates to a Contract described in Section 2276.002(a) of the Texas Government Code, the Vendor verifies that it does not boycott energy companies; and will not boycott energy companies during the term of the Contract.

DISCRIINATION AGAINST A FIREARM ENTITY VERIFICATION

To the extent this solicitation relates to a Contract described in Section 2274.002(a) of the Texas Government Code, the Vendor verifies that it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and will not discriminate during the term of the Contract against a firearm entity or firearm trade association .

FOREIGN TERRORIST VERIFICATION

Vendor verifies that it is not engaged in business with Iran, Sudan, or a foreign terrorist organization, as prohibited by Section

2252.152 of the Texas Government Code.

BOYCOTT ISRAEL VERIFICATION

To the extent this solicitation relates to a Contract described in Section 2271.002(a) of the Texas Government Code, the

Vendor verifies that it does not boycott Israel; and will not boycott Israel during the term of the Contract.

DISCLOSURE OF INTERESTED PARTIES

Vendor must submit a disclosure of interested parties to City, as applicable under Section 2252.908 of the Texas Government Code, for any Contract that requires approval by the City Council. The disclosure must be submitted at the time that Vendor submits the signed Contract and on a form prescribed by the Texas Ethics Commission.

TAX EXEMPTION

The City is a home-rule municipal corporation and political subdivision of the State of Texas, and as such, 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 perform all professional services under this Contract with the degree of care, skill, and diligence ordinarily exercised by similarly situated professionals performing the same or similar services under similar circumstances. The Vendor makes no warranty or guarantee of results except as expressly provided in this Contract.

SPECIAL TERMS & CONDITIONS

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

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

WRITTEN MODIFICATIONS

Requests to withdraw or modify a submitted solicitation must be submitted in writing to the Purchasing Department prior to the solicitation closing date and time to be considered. Such written notice must not disclose pricing but must clearly identify the addition, deletion, or modification so that the final terms remain confidential until the sealed response is officially opened. It is the sole responsibility of the respondent to ensure the City receives the modification before the deadline. 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 initialed 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.

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 claim and $2,000,000 aggregate, covering negligence, errors, and omissions in the performance of professional engineering, architectural, surveying, and other professional services provided under the Contract.

● 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.