REQUEST FOR PROPOSAL

RFP # 26-0030

TREE PROCUREMENT FOR BEAUTIFICATION

RFP DUE DATE AND TIME:

May 29, 2026 at 10:00 AM

CITY OF LONGVIEW

Purchasing Department

300 W. Cotton Street, Longview, TX 75601 (Physical address)

PO Box 1952, Longview, TX 75606 (Mailing address)

RFP SUBMITTED BY: ______________________________

INTRODUCTION: General Information for Proposers:

The City of Longview is in receipt of a reimbursable grant from Texas A&M Forest Service for various species of trees. The City of Longview is seeking proposals from experienced and qualified vendors to provide and safely deliver various types of tree species listed within the RFP document. The term will be for one year, with four, one year renewable options. Further details are provided within the

RFP document. Submittals will be accepted until 10:00 AM on May 29, 2026. Respondents shall be responsible for delivery of the submittal to the Purchasing department before the due date and time. If the proposal is hand delivered, an appointment needs to be scheduled by emailing purchasing@longviewtexas.gov. Submissions received after this date and time will not be considered for any reason. Facsimile or electronic submissions will not be accepted.

The Longview Purchasing Division is the sole point of contact for the City of Longview (the City) during this process. Any oral statement by any representative of the City, modifying or changing any conditions of this RFP, is an expression of opinion only and confers no right upon the proposer.

The City of Longview appreciates your time and effort in preparing a proposal. Opening is scheduled in Purchasing Offices at 300 W. Cotton, Longview, and Texas. You are invited to attend. The RFP opening will also be available virtually. The sign in link is meet.google.com/zix-twno-pua and the dial in information is (US) +1 443-626-4320 PIN: 278 307 613#.

Questions regarding this solicitation should be directed to Amanda Phillips at (903) 237-1322/ purchasing@longviewtexas.gov on or before 5:00 P.M. CT, May 22, 2026.

mailto:purchasing@longviewtexas.gov

Schedule of Events

RFP Publication May 6, 2026

Deadline for Questions May 22, 2026 at 5:00 PM

Proposal Submission Deadline May 29, 2026 at 10:00 AM

Estimated Award of Contract June 25, 2026

Estimated Contract Start Date July 1, 2026

Questions & Addenda All questions related to requirements or processes of this request for proposal (RFP) should be submitted in writing to the Purchasing Agent at purchasing@longviewtexas.gov before the deadline for questions as stated in the Schedule of Events. Proposers shall initiate all inquiries during the solicitation process through the Purchasing department beginning with the publication of this RFP until ending at the final award of the contract.

Responses to inquiries that materially affect the content of this RFP will be issued by written addendum. All such addenda issued by the City before the submittal deadline shall be considered part of the RFP. Addenda information will be posted on the City’s website. Proposers need to acknowledge all addenda by initialing the appropriate area(s) of the Offer Statement and Business Information form.

Open Records Proposal responses are not available for public inspection until after the contract award. All documents associated with the proposal submitted, unless the proposer indicates a portion of the proposal is proprietary, may be subject to public inspection in accordance with the Public Information Act. All information obtained during this solicitation will become property of the City of Longview.

Purpose The purpose of this solicitation is to enter into a contract with an experienced, qualified vendor that can provide and safely deliver the various species of trees listed within the RFP document.

Instructions to Proposers This section outlines specific instructions for proposal submissions. Proposers not adhering to these instructions may be disqualified without further consideration.

Cut along the outer border and affix this label to your sealed proposal envelope to identify it as a “Sealed Proposal”. Be sure to include the name of the company submitting the proposal.

SEALED PROPOSAL ● DO NOT OPEN

TREE PROCUREMENT FOR BEAUTIFICATION

RFP No. 26-0030

RFP OPENING: May 29, 2026 @ 10:00 AM

For Information Contact:

Amanda Phillips

(903) 237-1322 purchasing@longviewtexas.gov

Company Name:

Contact Name:

Telephone Number:

Proposals must be addressed to:

Amanda Phillips, CPPB Amanda Phillips, CPPB

Purchasing Department Purchasing Department

PO Box 1952 300 W Cotton St

Longview, TX 75606 or Longview, TX 75601

General A. Proposals must be submitted no later than 10:00 AM local time, May 29, 2026 as indicated on the invitation page. Late proposals will be returned unopened to the Proposer. If proposals are sent by mail to the Purchasing Department, the Proposer shall be responsible for actual delivery of the proposal to the Purchasing Department before the advertised date and hour for opening of proposals. If mail is delayed either in the postal service, courier, or in the internal mail system of the City of Longview beyond the date and hour set for the opening, proposals thus delayed will not be considered and will be returned unopened. The proposal opening will be available virtually through Google Meet. Link listed above.

B. Proposal must be submitted in a sealed envelope to the following address:

Mailing Address: Physical Address:

Purchasing Department Purchasing Department ATTN: Amanda Phillips Amanda Phillips P.O Box 1952 300 West Cotton Street Longview, Texas 75606 Longview, Texas 75601

The envelope must be clearly marked with RFP # 26-0030 TREE PROCUREMENT FOR

BEAUTIFICATION.

Proposals must be submitted in the format specified. FACSIMILE TRANSMITTALS OR ELECTRONIC

MAIL SUBMISSIONS WILL NOT BE ACCEPTED.

C. Proposers assume all costs associated with the submission of a proposal including any potential cost for travel and time in negotiations or interviews.

D. Offers must be valid for a minimum of one hundred twenty (120) days commencing on the day of the proposal opening.

E. Proposals will be opened at stated time and location, but contents of the proposals will not be subject to public review. Only the names of the Proposers will be read aloud.

F. Any interpretation, correction or changes to this specification will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Longview Purchasing Agent. Addenda can be found on the City of Longview website www.LongviewTexas.gov/BIDs . Addenda can also be obtained by calling the City of Longview Purchasing office at 903-237-1322. It is the responsibility of the Proposer to obtain a copy of all addenda pertaining to this RFP.

Offer Statement and Business Information

A. Execute “Offer Statement and Business Information” form. An individual authorized to bind the Proposer must sign the statement and date the signature’s actual date signed.

B. List the name and phone number of the representative authorized to negotiate on behalf of the Proposer and answer any questions regarding the proposal.

C. Include acknowledgement of any RFP addenda. Addenda will be posted on the City of Longview website: LongviewTexas.gov/BIDs or may be obtained by calling the purchasing office at 903- 237-1322. It is the Proposer’s responsibility to obtain any addenda.

D. Include one original proposal and one flash drive containing the proposal.

E. Include the cost proposal listed in Attachment A in a separate sealed envelope within the sealed

RFP package, and list the cost proposal listed in Attachment A as a separate file on the flash drive submitted.

Compensation

Provide cost on Attachment A. Costs shall be fully burdened and all inclusive (applicable overhead, profit, and transportation.) City of Longview reserves the right to evaluate based off unit price or total price.

Insurance The Contractor at their own expense shall purchase, maintain and keep in force such insurance as will protect them from claims set for the below which may arise out of or result from the Contractor’s operations under the Contract, whether such operations be by their self or by any Subcontractor (no subcontracting allowed within this contract) or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable:

(1) worker’s compensation claims, disability benefits and other similar employee benefit acts;

(2) claims for damages because of bodily injury, personal injury, occupational sickness or disease, or death of their employees, and claims insured by usual bodily injury liability coverages;

(3) claims for damages because of bodily injury, personal injury, sickness or disease, or death of any person other than their employees, and claims insured by usual bodily injury liability coverages; and

(4) claims for damages because of injury to or destruction of tangible property, including loss of use resulting therefrom.

Certificate of Insurance Before commencing any of the work, Contractor shall file with the City valid Certificates of Insurance acceptable to the City. Such Certificates shall contain a provision that coverages afforded under the policies will not be canceled until at least ten days prior written notice has been given to the City.

Conflict of Interest Please list any political contributions of money, in-kind services, or loans made to any member of a city council within the last three years by the firm and any of its agents or employees assigned to this project.

References List three clients that have received goods from your company with goods similar in scope as those listed within this proposal. Include with each, the name, address, email address, work telephone number, and dates the goods were provided, as well as a brief description of the nature of the professional association.

Exceptions

Provide all exceptions to RFP terms and conditions (cite specific RFP sections applicable to each exception). These exceptions shall be considered negotiable items and any final agreements will be in addition to the City’s Standard Terms and Conditions as well as any future terms and conditions incorporated via Addendum to the RFP.

Award of Contract

Proposal Evaluation The City will review all qualified responses to the RFP and select the proposal that is determined to be in the best public interest in accordance with the intent of the RFP. All proposals will first be screened for adherence to the requirements of this RFP. The City will not consider non-responsive proposals. A non-responsive proposal is a proposal that was not timely submitted or fails to meet the material terms and conditions of this RFP as determined by the City.

The City reserves the right to waive any informality in any proposal and to accept any proposal which it considers to be in the best public interest, and to reject any or all proposals. The decision of the City shall be final.

Section I Statement of Work

1.00 Background

The City of Longview’s Grant & Human Services department applied for and received grant funds through the Texas A&M Forest Service for procuring a variety of tree species. This document is requesting delivery of 4,250 trees with details to follow. All materials must comply with applicable federal, state, county, and local regulations governing landscape materials. In addition, any tree furnished to the City must comply and adhere to ANSI A300 standards.

1.01 Objective

The City is requesting submittals from qualified proposers with sufficient experience in furnishing various species of trees. We will begin receiving the first shipments in September 2026.

The City reserves the right to update the amount of trees that are purchased. The City guarantees no specific amounts, whether that be minimums or maximums. Quantities listed in Attachment A: Cost Proposal are estimates only. The quantities will vary depending on species.

1.02 Term

The term of this contract will be for 1 year with 4, one year renewable options. The City reserves the right to award to multiple vendors.

1.03 Availability

Delivery of trees is required within 8 business days after receiving the order. If delivery of trees cannot be accomplished within 8 business days, the vendor shall notify the City in writing, and the City reserves the right to use the next responsive and responsible vendor that submitted and/or that was awarded.

1.04 Delivery of Trees

City representatives will approve all deliveries. The vendor must provide protection of root systems and balls from drying winds and sun. Do not bend or bind-tie trees in such a manner as to damage bark, break branches, or destroy natural shape. The vendor must provide protective covering to avoid sun and wind damage during transport and delivery. Do not drop or stack ball and burlap tree stock during delivery.

1.05 Warranty

All trees shall be under warranty for one year from the day of delivery.

1.06 Protection

Any property damage during delivery resulting from, arising out of, or caused by the operations of the vendor will be repaired or replaced by the vendor at no cost to the owner.

1.07 Inspection

The City representative has the right to inspect trees at place of growth, prior to delivery, and when delivery is made for compliance with genus, species, variety, size, quality, and quantity. The City representative has the right to inspect trees for condition of root balls, root systems, insects, injuries, and latent defects. The City representative has the right to reject unsatisfactory or defective materials.

The vendor will remove any rejected materials immediately from project site and replace with acceptable material at no additional cost to the City.

1.08 Maintenance Instructions

Upon the City’s request, the vendor shall provide written instructions recommending procedures for maintenance of trees, including bracing procedures when needed.

1.09 Trees & Materials Provided

Provide only healthy stock free of disease, insects, eggs, larvae, and defects such as knots, sun scald, injuries, abrasions, or disfigurement. Trunks will be centered in root ball.

1.10 Size

Pricing is requested for both 5 gallon, 7 gallon, 10 gallon, and 15 gallon trees.

1.11 Estimated Schedule

The City of Longview’s goal is to plant 100 trees per week internally. The tentative schedule for deliveries is as follows:

October-500 trees November-500 trees December-500 trees January-750 trees

Section II Tree Specifications

Nursery Tree Quality

2.0 GENERAL SPECIFICATIONS

Proper Identification: All trees shall be true to name as ordered or shown on planting plans and shall be labeled individually or in groups by species and cultivar (as appropriate).

Compliance: All trees shall comply with federal and state laws and regulations requiring inspection for plant disease, pests, and weeds. Inspection certificates required by law shall accompany each shipment of plants.

Inspection: The City reserves the right to reject trees that do not meet specifications as set forth in these guidelines. If a defect or substandard element can be corrected easily, appropriate remedies shall be applied. If inspection of a root ball is to be done, the buyer and seller shall have a prior agreement as to the time and place of inspection, number of trees to be inspected, and financial responsibility for the inspected trees.

Delivery: The buyer shall stipulate how many days prior to delivery that delivery notification is needed. Buyer shall stipulate any special considerations to the nursery prior to shipment.

2.01 HEALTH AND STRUCTURE SPECIFICATIONS

These specifications apply to deciduous, broadleaf evergreen, and coniferous species. They do not apply to palms. Note that leaf characteristics will not be evident on deciduous trees during the dormant season.

Crown: The form and density of the crown shall be typical for a young specimen of the species or cultivar. The leader shall be intact to the very top of the tree.

Leaves: The size, color, and appearance of leaves shall be typical for the time of year and stage of growth of the species or cultivar. Trees shall not show signs of moisture stress as indicated by wilted, shriveled, or dead leaves.

Branches: Shoot growth (length and diameter) throughout the crown shall be appropriate for the age and size of the species or cultivar. Trees shall not have dead, diseased, broken, distorted, or otherwise injured branches.

Trunk: The tree trunk shall be relatively straight, vertical, and free of wounds (except properly made pruning cuts), sunscald areas, conks (fungal fruiting bodies), wood cracks, bleeding areas, signs of boring insects, cankers, girdling ties, or lesions (mechanical injury). The terminal bud on the leader shall be intact to the very top of the tree, and it shall be the highest point on the tree.

Roots: The root system shall be substantially free of injury from biotic (e.g., insects and pathogens) and abiotic

(e.g., herbicide toxicity and salt injury) agents. Root distribution shall be uniform throughout the container substrate and shall be appropriate for the species or cultivar. At time of inspection and delivery, the root ball shall be moist throughout. Roots shall not show signs of excess soil moisture conditions as indicated by stunted, discolored, distorted, or dead roots. (see Figure 7)

See Texas A&M Forest Service’s “Selecting a Tree” video for further clarification.

https://www.youtube.com/watch?v=Yeodn7A8V3s

Figure 1.

Trees shall have one relatively straight central leader or be structurally pruned to only leave one central leader

(Figure 1).

Figure 2.

Desirable Not desirable

Main branches (Figure 2) shall be well distributed along the central leader, not clustered together. They shall form a balanced crown appropriate for the cultivar or species.

Figure 3.

Desirable Not desirable

The diameter of branches (Figure 3) that grow from the central leader, or trunk, shall be no larger than two-thirds (one-half is preferred) the diameter of the trunk measured just above the branch.

Figure 4.

Desirable Not desirable

The largest branches shall be free of bark inclusions that extend into the branch union (Figure 4).

Figure 5.

Desirable Not desirable

Small-diameter branches (Figure 5), particularly on trees less than 1-inch caliper, should be present along the lower trunk below the lowest main branch. The trunk shall be free of wounds, sunscald areas, conks (fungal fruiting bodies), wood cracks, bleeding areas, signs of boring insects, cankers, or lesions. Properly made recent or closed pruning cuts are acceptable.

Figure 6.

Desirable Not desirable

The trunk caliper (diameter) and taper (Figure 6) shall be sufficient so that the tree remains vertical without a stake.

Figure 7.

The root collar (the uppermost roots) (Figure 7) shall be within the upper 2 inches of the soil media (substrate).

The root collar and the inside portion of the root ball shall be free of defects, including circling, kinked, and stem-girdling roots. Roots at the surface should grow mostly straight to the side of the container. The City may need to remove soil near the root collar to inspect for root defects.

The tree shall be well rooted in the soil media. Roots shall be uniformly distributed throughout the container, meaning that roots should not be concentrated at the bottom of the root ball. Some roots should contact the container wall in the top half of the root ball (Figure 7). When the container is removed, the root ball shall remain intact. When the trunk is lifted, both the trunk and root system shall move as one. The imprint of the liner or smaller container shall not be visible (Figure 7).

The root ball shall be moist throughout at the time of inspection and delivery. The roots shall show no signs of excess soil moisture as indicated by poor root growth, root discoloration, distortion, death, or foul odor. The crown shall show no signs of moisture stress as indicated by wilted, shriveled, or dead leaves or branch dieback.

Section III Required Submittals & Evaluation Criteria

Proposal Content Submittal Requirements

Proposals will be evaluated on the factors outlined below which shall be applied to all eligible, responsive proposals in selecting the successful Proposer. Award of a contract may be made without discussion with Proposers after responses are received. Proposals should, therefore, be submitted on the most favorable terms. Best and final offers may be requested after the initial evaluation, but will be at the City’s discretion.

Interviews with Proposers are not anticipated but may be held at the options of the evaluation committee. The City reserves the right to obtain clarification or additional information with any vendor in regards to its proposal. The City reserves the right to select a responsive, responsible vendor on the basis of best value that is most advantageous to the City.

The Proposals received in response to the RFP will be evaluated and ranked by the Proposal

Evaluation Committee in accordance with the process and evaluation criteria contained below.

Responses will be evaluated using the material and substantiating evidence presented in the response, and not on the basis of what is inferred. After thoroughly reading and reviewing this RFP, each

Evaluation Committee member shall conduct his or her independent evaluation of the proposals received and grade the responses on their merit in accordance with the evaluation criteria set forth in the following table. Point assignments for each evaluation criterion will be at the discretion of each

Evaluation Committee member. Total Point assignments from each Committee member will be added together for a total overall score. This total score for each Proposer will determine the order of the

Proposer’s ranking.

Item No.

Description Weighted Percentage

1. Quality, Biological Health, & Survival Rate Track Record.

25%

2. Maintenance & Warranty 10%

3. Experience & Qualifications of Company 20%

4. Cost 20%

5. Transportation & Delivery, Timeliness 25%

1. Quality, Biological Health, & Survival Rate Track Record

A. Provide the company’s nursery quality assurance plan outlining how stock is selected.

All plant material shall conform to American Standard for Nursery Stock (American

Standard for Nursery Stock, ANSI Z60.1. current edition. Include proof that stock purchased conforms to these guidelines.

B. Display evidence of how trees are transported and stored. Include protocols for root ball protection, hydration during transit, and “heeling in” procedures if planting is delayed.

2. Maintenance & Warranty

A. List any warranty claims over the last three years.

B. Include a “Limited Material” warranty that displays the coverage and protections provided within the warranty and replacement procedures. Upon delivery, a “True-to

Name Guarantee must be submitted confirming that the tree is the exact species and cultivar ordered. Provide a sample form. A “Live Arrival” guarantee must also be included. Provide a sample form.

C. Provide a “transfer of care” sample form.

D. A Certificate of Inspection will be required at time of sale showing proof from the

Department of Agriculture that the stock is free from pests and disease at the time of sale. Provide a sample form.

E. A Nursery Specification Sheet will also be required at time of sale detailing the root ball size and weight to ensure it meets ANSI Z60.1 standards. Provide a sample form.

F. Provide the recommended installation protocol.

3. Experience & Qualifications of Company

A. Provide a brief description of your company and the services provided by your company. Include the history of the company, number of employees, and years of relevant experience in maintaining and furnishing trees.

B. Certified Arborist Credentials: Include resumes of individuals with ISA (International

Society of Arboriculture) certifications.

C. Include three references of customer’s that have been provided trees with similar specifications and size within the last 3 years.

4. Costs

A. Provide Cost Proposal on Attachment A. Costs shall be all inclusive. Costs include, but are not limited to the tree itself, transportation, freight, overhead, and labor.

5. Transportation & Delivery, Timelines

A. Include the company’s tarping and desiccation protocol ensuring that all trees will be transported in fully enclosed trailers, or covered with breathable nursery tarps. Plastic tarps shall not be used.

B. Provide a description of how trees are tied down using a “soft strap” method.

C. Include information on when anti-dessiccant application is utilized for particular species or long-haul deliveries.

D. Include an equipment listing of what machinery will be used for off-loading.

E. Provide a “Dig-to Delivery” timeline log. Provide a sample form.

F. Provide a logistics contact for the City representative to contact to schedule and coordinate delivery.

SECTION IV TERMS AND CONDITIONS

4.00 PURPOSE & TERM: The purpose of this document is to provide for a contract for the goods specified. The term of this contract will be for 1 year with four, one year renewable options.

4.01 FUNDING. Funds for payment have been provided through the City of Longview budget approved by the Longview City Council for the current fiscal year only, which ends on September 30. Texas statutes prohibit the obligation and expenditure of public funds beyond the fiscal year for which a budget has been approved. Any anticipated orders or other obligations that may arise past the end of the current City of Longview fiscal year will be subject to budget approval.

4.02 RFP COMPLIANCE. Any offer to contract with the City shall be considered an executed certification that the Proposer must comply with all federal, state, local and municipal ordinances, rules, regulations and applicable laws (as amended during the contract period), relating to the provision of the items or services to be provided by the awarded proposer hereunder, or which in any manner affect this Contract.

4.03 REQUIRED RFP DOCUMENTS. Proposer shall provide with this RFP response, all documentation required by this solicitation. Failure to provide information specifically requested may result in rejection of the RFP.

4.04 DESCRIPTIONS. Any reference to model and/or make/manufacturer used in RFP specifications is descriptive, not restrictive. It is used to indicate the type and quality desired. RFPs on items of like or equal to quality may be considered.

4.05 EXCEPTIONS/SUBSTITUTIONS. Proposers taking exception to the specifications, or offering substitutions, shall state these exceptions in the section provided or by attachment as part of the RFP.

The absence of such a list shall indicate that the Proposer has not taken exceptions and shall hold the Proposer responsible to perform in strict accordance with the specifications of the invitation. The City of Longview 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.

4.06 REFERENCES. The City of Longview requests proposers to supply a list of three (3) references to which like services or items have been supplied by their company. References should include name of company, address, telephone number and name of representative.

4.07 QUESTIONS. Any questions concerning the solicitation must be directed to the City of Longview Purchasing Department in writing via email to purchasing@longviewtexas.gov. Inquiries should reference the section and page in question. The City of Longview requires that potential proposers speak only with Purchasing Department staff from the issuance of this solicitation until award of the final contract. No proposer nor any prospective proposer shall contact, communicate with or discuss any matter relating in any way to the solicitation with any member of the City of Longview City Council, City Manager, or any employee of the City outside of the Purchasing Department staff. This prohibition begins with the issuance of the solicitation and ends upon execution of and resultant contract.

4.08 ADDENDA. Any interpretations, corrections or changes to this specification will be made by addenda. Sole issuing authority of addenda shall be vested in City of Longview Purchasing Department.

Addenda can be found on the City of Longview website www.LongviewTexas.gov/BIDs. Addenda can also be obtained by emailing the City of Longview Purchasing Department at purchasing@longviewtexas.gov. It is the responsibility of the proposer to obtain a copy of all addenda pertaining to this solicitation.

4.09 RFP SUBMISSION. RFPs must be submitted on the pricing forms included for that purpose in this solicitation document. RFPs must be placed in a sealed envelope and appropriately signed by a person having the authority to bind the company in a contract. The RFP number and title shall be marked clearly on the outside as shown below. Elaborate binding or binders are discouraged. FACSIMILE TRANSMITTALS or ELECTRONIC EMAIL SUBMISSIONS WILL NOT BE ACCEPTED.

The City of Longview requests one original and one flash drive of your RFP. Include all pages of this document in submitting your RFP. Sealed RFPs MUST be submitted to.

Mailing Address. Physical Address.

City of Longview City of Longview Attn. Purchasing Department Attn. Purchasing Department PO Box 1952 300 W. Cotton St.

Longview, TX, 75606 Longview, TX, 75601

Proposers assume all costs associated with the submission of this RFP response.

4.10 LATE RFPS. ALL RFPS MUST BE RECEIVED IN THE CITY OF LONGVIEW PURCHASING

OFFICES BEFORE RFP OPENING DATE AND TIME. RFPs received by the City of Longview Purchasing Department after the submission deadline will be considered void and unacceptable and returned to the proposer unopened. The City of Longview is not responsible for lateness or non-delivery of mail, carrier, etc. The date/time stamp of when the sealed RFP response is received in the Purchasing Office will be the official time of receipt.

4.11 ALTERING RFPS. RFPs cannot be altered or amended after the submission deadline. Any interlineation, alteration or erasure made before opening must be initialed by the signer of the RFP.

4.12 WITHDRAWAL OF RFP. A RFP may not be withdrawn or canceled by the Proposer without the permission of the City for a period of one hundred twenty (120) days following the date designated for the receipt of RFPs, and Proposer so agrees upon submittal of a RFP. For the purpose of proper RFP evaluation and approval, all prices, costs and conditions shall remain firm and valid for a one hundred twenty (120) day period, commencing on the day of the RFP opening. Upon award of contract all prices shall be firm and valid for the duration of the contract.

4.13 REJECTING RFPS. The City of Longview reserves the right to reject any or all RFPs for any or all services covered in this RFP request and to waive informalities or defects in RFPs or to accept such RFPs as it deems in the best interests of the City of Longview.

4.14 RFP AWARD. The City will review all qualified responses to the RFP and select the proposal that is determined to be in the best public interest in accordance with the intent of the RFP. All proposals will first be screened for adherence to the requirements of this RFP. The City will not http://www.longviewtexas.gov/BIDs consider non-responsive proposals. A non-responsive proposal is a proposal that was not timely submitted or fails to meet the material terms and conditions of this RFP as determined by the City.

The City reserves the right to waive any informality in any proposal and to accept any proposal which it considers to be in the best public interest, and to reject any or all proposals. The decision of the City shall be final.

The City expects to select one company, but reserves the right to award to multiple vendors. The City reserves the right to contact any company/team to negotiate if such is deemed desirable by the City for any additional information including but not limited to experience, qualifications, abilities, equipment, facilities, and financial standing. The City reserves the right to modify any part of this RFP as issued with an addendum during the RFP response period. The City, at its sole discretion, reserves the right to reject any or all responses to the RFP, to cancel the RFP, to re-advertise for new RFP responses either with identical or revised specifications, or to accept any RFP response, in whole or part, deemed to be in the best interest of the City. The City reserves the right to waive technicalities and informalities.

A response to this RFP shall not be construed as a contract, nor indicate a commitment of any kind.

The RFP does not commit the City to pay for costs incurred in the submission of a response to this RFP or for any costs incurred prior to the execution of a final contract.

4.15 NEGOTIATIONS. The City reserves the right to negotiate all elements that comprise the successful Proposer’s response to ensure that the best possible consideration be afforded to all concerned.

4.16 Left blank intentionally

4.17 MINIMUM STANDARDS FOR RESPONSIBLE PROPOSERS. A prospective proposer must affirmatively demonstrate responsibility and must meet the following requirements.

1. Have adequate financial resources, or the ability to obtain resources required;

2. be able to comply with the required or proposed delivery schedule;

3. have a satisfactory record of performance;

4. have a satisfactory record of integrity and ethics;

5. be otherwise qualified and eligible to receive an award.

The City of Longview may request clarification or other information sufficient to determine Proposer's ability to meet these minimum standards listed above. Failure to respond to such requests shall be cause for removal from consideration.

4.18 CONTRACT. This RFP, when properly accepted by the City of Longview, shall become a contract equally binding between the awarded proposer and City of Longview. No different or additional terms will become a part of this contract with the exception of change orders. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument.

4.19 INTERLOCAL AND COOPERATIVE PARTICIPATION. Other governmental entities may be extended the opportunity to purchase from the City of Longview’s agreements, with the consent and agreement of the awarded proposer and the City. Such consent and agreement shall be conclusively inferred from lack of exception to this clause in a proposer’s submittal. However, all parties indicate their understanding and hereby expressly agree that the City is not an agent of, partner to, or representative of those outside agencies or entities and that the City is not obligated or liable for any action or debts that may arise out of such independently negotiated procurements. It is further understood, that any other governmental entity that elects to use a City of Longview agreement will issue its own contracts or purchase orders and will require separate billing.

4.20 INDEPENDENT CONTRACTOR. The awarded proposer shall be considered an independent contractor and not an agent, servant, employee, or representative of the City of Longview in the performance of the work. This solicitation does not seek to create an employer/employee relationship, joint enterprise, partnership, or joint venture. No term or provision herein or act of the Contractor shall be construed as changing that status.

4.21 SUBCONTRACTORS. No subcontracting is allowed within this contract.

4.22 ASSIGNMENT. The Contractor shall not sell, assign, transfer or convey this contract, in whole or in part, without the prior written consent of the City of Longview. Any attempted assignment or delegation by Proposer shall be wholly void and totally ineffective for all purposes

4.23 SEVEREABLITY. The invalidity, illegality or enforceability of any provision of this contract or the occurrence of any event rendering any portion or provision of this contract void shall in no way affect the validity or enforceability of any other portion or provision of this contract. Any void provision shall be deemed severed from this contract, and the balance of the contract shall not be construed and enforced as if the contract did not contain the particular portion or provision to be held void. The parties further agree to amend this contract to replace any stricken provision. The provisions of this clause shall not prevent this entire contract from being void should a provision which is the essence of this contract be determined void.

4.24 INDEMNIFICATION. The Contractor agrees and shall indemnify and hold harmless City of Longview, its officers, agents, employees, and elected officials from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all, but not limited to, expenses of litigation, court costs, and attorney's fees, for injury to or death of any person, or damage to any property, arising out of or in connection with the acts and/or omissions of contractor under this contract.

4.25 VENUE. This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Longview, Texas. Venue for actions arising under this agreement in federal courts shall lie exclusively in the Eastern District of Texas, Tyler Division, and for state courts shall lie exclusively in Gregg, County, Texas.

4.26 EQUAL EMPLOYMENT OPPORTUNITY. The Contractor shall comply with all applicable provisions of regulations of the U.S. Department of Commerce (Part A of Sub-title 15 of the code of Federal regulations) issued pursuant to the Civil Rights act of 1964, in regard to nondiscrimination in employment because of race, religion, color, sex, handicap, or national origin. The proposer shall comply with all applicable Federal, State, and local laws, rules and regulations concerning equal employment opportunity.

4.27 WAGES. Contractor shall pay or cause to be paid, without cost or expense to City of Longview, all Social Security, Unemployment and Federal Income Withholding Taxes of all employees and all such employees shall be paid wages and benefits required by Federal and/or State Law. If federal or state funds are involved in paying for the work, there may be additional requirements that must be followed to comply with the terms of the federal or state funding.

4.28 COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT (ADA). Contractor shall be in compliance with all relevant requirements of the Americans with Disabilities Act (ADA) as applicable to their operations. By submission of a proposal, Contractor acknowledges intention to confirm with ADA.

If Contractor does not conform to the ADA, the City has grounds to terminate the contract.

4.29 OZONE ACTION DAYS. The Contractor shall observe and follow City policy in regard to operating equipment and providing services on Ozone Action Days.

4.30 STORM WATER MANAGEMENT. Contractor shall implement best management practices (BMPs) to prevent storm water pollution to the maximum extent practicable in accordance with the City of Longview’s Storm Water Management Program. These BMP’s include at a minimum.

▪ Performing regular inspections and maintenance on vehicles and equipment to prevent fluid leaks.

▪ Implement standard operating procedures (SOPs) for spill prevention and cleanup that include at a minimum the following.

1. arrival of the responsible person or response personnel hired by the responsible person at the site of the discharge or spill;

2. initiating efforts to stop the discharge or spill; including maintaining onsite spill kits

3. minimizing the impact to the public health and the environment;

4. neutralizing the effects of the incident;

5. removing the discharged or spilled substances; and

6. managing the wastes.

▪ Training and equipping all employees who are present on City property in appropriate actions in accordance with the SOP.

▪ Provide upon request records of onsite inspections and BMP’s

Storm Water Spill Kit. When required by the City’s Storm Water Management Program or by other law, vendor is required to have a storm water spill kit onsite at all times. Spill kit shall include at a minimum.

Nitrile Safety Gloves, Eye Goggles, Shoe Covers, Sorbents, Handbook and Disposal Bag.

4.31 CONTRACT ADMINISTRATOR. Under this contract, the City of Longview may appoint a contract administrator with designated responsibility to ensure compliance with contract requirements, such as but not limited to, acceptance, inspection and service performance. The contract administrator will serve as liaison between the City of Longview Purchasing Department and the Contractor.

4.32 PURCHASE ORDER. A purchase order(s) shall be generated by the City of Longview to the Contractor. The purchase order number must appear on all itemized invoices. The City of Longview will not be held responsible for any orders placed/delivered without a valid current purchase order number.

4.33 CHANGE ORDERS. No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in the resulting contract. All change orders requests for the awarded contract will be made in writing to the City of Longview Purchasing Department via email to purchasing@longviewtexas.gov.

4.34 DELIVERY. All delivery and freight charges shall be Free on Board (F.O.B) destination and are to be included in the RFP price. The City of Longview does not accept C.O.D. or collect shipments.

(1) BILL OF LADING. Each shipment will be evidenced by a bill of lading issued to the City by the carrier upon delivery and acceptance of goods. The Bill of Lading shall be referenced by the purchase order number and any other information reasonably required by the City and agreed to by the Contractor.

4.35 INSPECTION. The City of Longview expressly reserves all rights under law, including, but not limited to the Uniform Commercial Code, to inspect the deliverables at delivery or at a reasonable time subsequent to delivery and to reject defective or non-conforming deliverables. If the City has the right to inspect the Contractor’s, or the deliverables at the Contractor’s premises, the Contractor shall furnish, or cause to be furnished, without additional charge, all reasonable facilities and assistance to the City to facilitate such inspection.

4.36 RIGHT OF ACCEPTANCE OR REJECTION. Acceptance inspection should not take more than five (5) working days. The Contractor will be notified within this period if the good or service provided is not in full compliance with the project scope. If any good or service is canceled for non-acceptance, the needed good or service may be purchased elsewhere and the Contractor may be charged full increase, if any, in cost and handling.

4.37 DEFECTIVE ITEMS. Items supplied under this contract shall be subject to the City of Longview's approval. Items found defective or not meeting specifications shall be picked up and replaced by the Contractor at the next service date, at no expense to the city. If the item(s) is not picked up within one

(1) week after notification, the item(s) may be removed at the owner’s expense at the discretion of the City.

4.38 DEFECTIVE SERVICES. Services supplied under this contract shall be subject to the City of Longview’s approval. Services found defective or not meeting specifications shall be corrected at no expense to the City.

4.39 WARRANTY. The Contractor shall warrant that all items/services shall conform to the proposed specifications, all warranties as stated in the Uniform Commercial Code, and be free from all defects in material, workmanship and title. Contractor and the City agree that both parties have all rights, duties, and remedies available as stated in the Uniform Commercial Code. The goods specified shall be warranted against defects in material and workmanship for a period of not less than twelve (12) months beginning with the date of acceptance. If the manufacturer's standard warranty exceeds twelve (12) months, then the manufacturer's standard warranty shall be in effect. The successful proposer shall furnish a copy of the manufacturer's warranty at the time of delivery.

(1) WARRANTY OF SERVICES. Contractor warrants that the services shall be performed in full conformity with this Contract, with professional skill and care that would be exercised by those who perform similar services in the commercial marketplace, and in accordance with accepted industry practice.

(2) WARRANTY OF PRICE. The price to be paid by the City of Longview shall be that agreed to in writing by the City which Contractor warrants to be no higher than Contractor’s current prices on orders for products of the kind and specification covered by the purchase order for similar quantities under similar or like conditions and methods of purchase. In the event Contractor breaches this warranty, the prices of the items shall be reduced to the Contractor’s current prices on orders by others, or in the alternative, City may cancel this purchase order without liability to the Contractor for breach or Contractor’s actual expense.

4.40 REMEDIES. The Contractor and the City of Longview agree that both parties have all rights, duties and remedies available as stated in the Uniform Commercial Code.

4.41 INVOICES. The Contractor shall submit separate invoices to the City of Longview for each purchase order after delivery and acceptance. The invoice must list the invoice number and indicate the (1) name and address of the Contractor, (2) name and address of receiving department and/or delivery location, (3) City of Longview Purchase Order number, (4) descriptive information as to the items or services delivered, (5) price information, and (6) total amount due. All invoices must be itemized. Payment shall not be due until the above instruments are submitted to after delivery. The Contractor shall keep the Purchasing Department advised of any changes in your remittance addresses. Do not include Federal Excise, State or City Sales Tax. The City shall furnish tax exemption certificate upon request.

4.42 PAYMENT. Payment to the Contractor will be made upon receipt and acceptance by the city of the item(s) ordered and receipt of a valid invoice, in accordance with the State of Texas Prompt Payment Act, Texas Government Code Chapter 2251. The City’s standard payment terms are net 30, i.e. payment is due in 30 days.

4.43 SALES TAX EXEMPTION. The City of Longview is exempt by law from payment of Texas Sales Tax and Federal Excise Tax. Accordingly, those taxes shall not be added to any item. Proposers shall be responsible to report and pay all applicable taxes, if any, promptly. Texas limited sales tax exemption certificates shall be furnished upon request.

4.44 Left blank intentionally.

4.45 PRICE ADJUSTMENTS. Price adjustments may be considered by the City of Longview only at the anniversary date of the contract and shall be substantiated in writing (e.g., Wage/Labor rates, raw materials, etc.). The City of Longview reserves the right to accept or reject any/all of the price redetermination as it deems to be in the best interest of the city. Price adjustments shall be based on the latest version of the Consumer Price Index (CPI) and/or Producer Price Index (PPI) for Dallas-Fort Worth-Arlington, TX,, as published by the U.S. Department of Labor, Bureau of Labor Statistics. The Contractor must submit an adjustment request within thirty (30) days from the date of receipt of the renewal notice.

4.46 PRICE REDUCTIONS. If during the life of the contract, the Contractor's net prices to other customers for services provided hereunder are reduced below the contracted price, it is understood and agreed that the benefits of price reduction shall be extended to the City of Longview. It is the Vendor’s responsibility to notify the City of Longview, in writing, of any price reductions during the life of contract. Failure to notify the City of Longview will be considered a breach of the contract and the City of Longview may pursue all rights and remedies available under all applicable law.

4.47 TERMINATION FOR CONVENIENCE. This contract shall remain in effect until the contract expires, until acceptance of performance of services ordered or until terminated by either party with a thirty (30) days written notice prior to any cancellation. The Contractor must state therein the reasons for such cancellation. The City of Longview reserves the right to award canceled contracts to the next lowest and best proposer or to the remaining responsive proposer who provides the services at the best value for the municipality, as the City deems to be in the best interest of the City. City reserves the right to hold original contractor responsible for any resultant increase in cost.

4.48 TERMINATION FOR DEFAULT. The City of Longview reserves the right to enforce the performance of this contract in any manner prescribed by law or deemed to be in the best interest of the City in the event of breach or default of this contract. The City of Longview reserves the right to terminate the contract immediately in the event Contractor fails to.

1. meet schedules;

2. defaults in the payment of any fees; or

3. otherwise perform in accordance with these specifications.

Breach of contract or default authorizes the City to exercise any or all rights. The City of Longview may exercise any right or pursue any remedy available at law or in equity for breach of this contract. The exercise of any right or pursuit of any remedy by the City for breach of this contract shall not prevent the City from exercising any other right or pursuing any other remedy available under this contract, under law, or in equity.

(1) CURE NOTICE. In the event the Contractor shall fail to perform, keep or observe any of the terms and conditions to be performed, kept or observed, City of Longview shall give the Contractor written cure notice of such default; and in the event said default is not remedied to the satisfaction and approval of the city within fourteen (14) days of receipt of such notice by the Contractor, default will be declared and all the Contractor's rights…