INVITATION TO BID

BID # 26-0052

TREES FOR BEAUTIFICATION

BID DUE DATE AND TIME:

SEPTEMBER 3, 2026 at 3:00 PM

CITY OF LONGVIEW

Purchasing Department

300 W. Cotton Street, Longview, TX 75601 (Physical address) PO Box 1952, Longview, TX 75606 (Mailing address)

BID SUBMITTED BY: ________________________________________________

INTRODUCTION

General Information for Bidders:

The City of Longview is accepting competitive sealed bids from qualified vendors to provide and safely deliver various types of tree species listed within the bid document. The City of Longview is in receipt of a reimbursable grant from Texas A&M Forest Service for various species of trees.

The City estimates ordering 500 trees per month and will give vendors a 30 day lead time.

Subcontracting IS allowed. NOTE: Due to the large amount of species, the City understands that not all trees can be priced. Vendors should price the species and associated sizes for the species they can provide. No warranty of trees is required.

Bids will be accepted until 3:00 PM September 3, 2026. Bidders shall be responsible for delivery of the bid to the Purchasing department before the due date and time. Bids received after this date and time will not be considered for any reason. Facsimile or electronic submissions will not be accepted.

An optional, virtual pre-bid meeting will be held on August 27, 2026 at 3:00 PM. The link to attend is meet.google.com/vau-znxw-kid and the dial in information is (US) +1 731-418-

3007 PIN: 382 986 065#.

The enclosed INVITATION TO BID (ITB) and accompanying specifications and bid forms are for your convenience in bidding the enclosed referenced services. Bidders are cautioned that 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 ITB, is an expression of opinion only and confers no right upon the bidder.

THE CITY OF LONGVIEW appreciates your time and effort in preparing a bid. Please note that all bids must be received at the designated location by the deadline shown. Bids received after the deadline will not be considered for award, and shall be considered void. Opening is scheduled in Purchasing Offices at 300 W. Cotton, Longview, and Texas. You are invited to attend. The bid opening will also be available virtually. The link to attend is meet.google.com/hsk-psdz-daf the dial in information (US) +1 347-437-2984 PIN: 252 088 829#.

THE CITY OF LONGVIEW is aware of the time and effort you expend in preparing and submitting bids to the city. Please let us know of any bid requirement that is causing you difficulty in responding to our bids. We want to make the process as easy and convenient as possible so that all responsible vendors can compete for the City's business.

Award will be made approximately two weeks after the bid opening date. The City reserves the right to award contracts on an individual item or lump sum basis, whichever is the best interest of the City. To obtain results please contact the Purchasing Agent at the address above or phone (903) 237-1322.

Return all pages of your bid. Bidders shall sign and date pages with signature lines.

Incomplete bids or bids which are not signed and dated as stated may be rejected

INSTRUCTIONS TO BIDDERS

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

SEALED BID DO NOT OPEN

TREES FOR BEAUTIFICATION

BID No. 26-0052

BID OPENING: SEPTEMBER 3, 2026 at 3:00 PM

For Information Contact:

Amanda Phillips, CPPB

(903) 237-1322 purchasing@longviewtexas.gov

Company Name:

Contact Name:

Telephone Number:

Bids must be addressed to:

Amanda Phillips, CPPB Amanda Phillips, CPPB Purchasing Agent Purchasing Agent PO Box 1952 300 W Cotton St Longview, TX 75606 Longview, TX 75601 Or mailto:purchasing@longviewtexas.gov

SECTION II GENERAL TERMS & CONDITIONS

By order of the City Manager of LONGVIEW, TEXAS, sealed bids will be received for:

TREES FOR BEAUTIFICATION

2.00 PURPOSE. The purpose of this document is to provide for a contract for the services specified. The term of this contract will be one (1) year or until satisfactory completion of all of the services specified. City of Longview reserves the right to extend this contract for four (4) additional one-year periods as it deems to be in the best interest of the City. City reserves the right to purchase additional units of the types of services specified, provided pricing, terms and conditions remain the same.

2.01 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. This solicitation is funded through a reimbursement grant with an end date of December 2027.

2.02 BID COMPLIANCE. Any offer to contract with the City shall be considered an executed certification that the Bidder 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 bidder hereunder, or which in any manner affect this Contract.

2.03 REQUIRED BID DOCUMENTS. Bidder shall provide with this bid response, all documentation required by this solicitation. Failure to provide information specifically requested may result in rejection of the bid.

2.04 DESCRIPTIONS. Any reference to model and/or make/manufacturer used in bid specifications is descriptive, not restrictive. It is used to indicate the type and quality desired.

Bids on items of like or equal to quality may be considered.

2.05 EXCEPTIONS/SUBSTITUTIONS. Bidders taking exception to the specifications, or offering substitutions, shall state these exceptions in the section provided or by attachment as part of the bid. The absence of such a list shall indicate that the Bidder has not taken exceptions and shall hold the Bidder 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.

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

2.07 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 bidders speak only with Purchasing Department staff from the issuance of this solicitation until award of the final contract. No bidder nor any prospective bidder 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.

2.08 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 bidder to obtain a copy of all addenda pertaining to this solicitation.

2.09 BID SUBMISSION. Bids must be submitted on the pricing forms included for that purpose in this solicitation document. Bids must be placed in a sealed envelope and appropriately signed by a person having the authority to bind the firm in a contract. The bid 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 bid. Include all pages of this document in submitting your bid. Sealed bids 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

Bidders assume all costs associated with the submission of this bid response.

2.10 LATE BIDS. ALL BIDS MUST BE RECEIVED IN THE CITY OF LONGVIEW PURCHASING

OFFICES BEFORE BID OPENING DATE AND TIME. Bids received by the City of Longview Purchasing Department after the submission deadline will be considered void and unacceptable and returned to the bidder 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 bid response is received in the Purchasing Office will be the official time of receipt.

2.11 ALTERING BIDS. Bids 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 bid.

http://www.longviewtexas.gov/Bids

2.12 WITHDRAWAL OF BID. A bid may not be withdrawn or canceled by the Bidder without the permission of the City for a period of ninety (90) days following the date designated for the receipt of bids, and Bidder so agrees upon submittal of a bid. For the purpose of proper bid evaluation and approval, all prices, costs and conditions shall remain firm and valid for a ninety

(90) day period, commencing on the day of the bid opening. Upon award of contract all prices shall be firm and valid for the duration of the contract.

2.13 REJECTING BIDS. The City of Longview reserves the right to reject any or all bids for any or all services covered in this bid request and to waive informalities or defects in bids or to accept such bids as it deems in the best interests of the City of Longview.

2.14 BID AWARD. The City of Longview will review all bids for responsiveness and compliance with these specifications. Bids shall be awarded either to the responsive, responsible bidder who submits the lowest and best bid based on the specifications published herein or to the responsive bidder who provides goods or services at the best value for the municipality. In selecting the bidder to whom the contract will be awarded, the City also reserves the right to consider the location of the bidder’s principal place of business as provided by section 271.905 or section 271.9051 (as applicable) of the Texas Local Government Code. City of Longview may negotiate additional work as deemed appropriate and consistent with state law and with the intent and terms of the resulting contract. The City of Longview City Council reserves the right to reject the award recommendation.

2.15 BEST VALUE. The City of Longview will award the contract sought by this solicitation either to the lowest responsible bidder or to the bidder who provides goods or services at the best value for the City. In selecting the bidder to whom the contract will be awarded, the City also reserves the right to consider the location of the bidder’s principal place of business as provided by section

271.905 and/or section 271.9051 of the Texas Local Government Code.

In determining the best value for the municipality, the City of Longview may consider.

1. the purchase price;

2. the reputation of the bidder and of the bidder’s goods or services;

3. the quality of the bidder’s goods or services;

4. the extent to which the goods or services meet the city’s needs;

5. the bidder’s past relationship with the City of Longview.

6. the impact on the ability of the City of Longview to comply with laws and rules relating to contracting with historically underutilized businesses and nonprofit organizations employing persons with disabilities;

7. the total long-term cost to the City of Longview to acquire goods or services; and

8. any relevant criteria specifically listed in the request for bids or proposals.

2.16 LOCAL PREFERENCE. Texas state law requires that the City of Longview give preference to Texas resident bidders at an amount that a Texas resident bidder would be required to underbid a nonresident bidder in order to obtain a comparable contract in the state in which the nonresident’s principal place of business is located. In accordance with Chapter 271.9051 of the State of Texas Local Government Code, the City of Longview may choose to award a competitive bid to a bidder whose principal place of business is in the City limits, provided that this bid is within five (5) percent of the lowest bid price received from a bidder who is not a resident within the City limits, the City of Longview may enter into a contract with. (1) the lowest bidder; or (2) the bidder whose principal place of business is within the City limits if the City determines, in writing, that the local bidder offers the City the best combination of contract price and additional opportunities for the City created by the contract award.

Preferences may or may not apply but will be enforced as prescribed in Texas Civil Statutes Article 601(g). Bidders must certify that they are resident or nonresident in order to meet specifications. Failure to do so on the provided response forms will disqualify that bidder.

Certification is included in the Offer Statement and Business Information to follow.

2.17 MINIMUM STANDARDS FOR RESPONSIBLE BIDDERS. A prospective bidder 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 Bidder's ability to meet these minimum standards listed above. Failure to respond to such requests shall be cause for removal from consideration.

2.18 CONTRACT. This bid, when properly accepted by the City of Longview, shall become a contract equally binding between the awarded bidder 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.

2.19 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 bidder and the City. Such consent and agreement shall be conclusively inferred from lack of exception to this clause in a bidder’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.

2.20 INDEPENDENT CONTRACTOR. The awarded bidder 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.

2.21 SUBCONTRACTORS. The Contractor shall not subcontract without the written approval of the City of Longview. It is expressly understood and shall be agreed by both the City and vendor that is contracting with the Contractor as independent contractor. No part of this contract shall be subcontracted out, without proper notification a written consent from the City of Longview.

2.22 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 Bidder shall be wholly void and totally ineffective for all purposes.

2.23 SEVERABILITY. 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.

2.24 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.

2.25 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.

2.26 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 bidder shall comply with all applicable Federal, State, and local laws, rules and regulations concerning equal employment opportunity.

2.27 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.

2.28 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.

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

2.30 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.

2.31 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.

2.32 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.

2.33 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.

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

2.34 (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.

2.35 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 Subcontractor’s facilities, or the deliverables at the Contractor’s, or Subcontractor’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.

2.36 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.

2.37 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.

2.38 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.

2.39 Section blank intentionally.

2.40 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.

2.41 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.

2.42 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.

2.43 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.

Bidders shall be responsible to report and pay all applicable taxes, if any, promptly. Texas limited sales tax exemption certificates shall be furnished upon request.

2.44 RENEWALS. The term of this contract will be one (1) year or until satisfactory completion of all of the services specified. City of Longview reserves the right to extend this contract for four (4) additional one-year periods as it deems to be in the best interest of the City. Renewal periods will occur annually at the anniversary date of the initial contract term. The Contractor will be notified within thirty (30) days prior to expiration.

2.45 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.

2.46 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.

2.47 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 bidder or to the remaining responsive bidder 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.

2.48 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.

2.48 (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 shall terminate. Bidder, in submitting this bid, agrees that City of Longview shall not be liable to prosecution for damages in the event that the City of Longview declares the bidder in default.

2.49 NOTICE OF TERMINATION. Any notice provided by this bid (or required by Law at the address so provided) to be given to the Contractor by the City of Longview shall be conclusively deemed to have been (1) given and received within one (1) business day via email or (2) given and received three (3) business days after such written notice has been deposited in the mail in Longview, Texas, by Registered or Certified Mail with sufficient postage affixed thereto, addressed to the Contractor at the address so provided; provided this, shall not prevent the giving of actual notice in any other manner.

2.50 FORCE MAJEURE. Neither party under this agreement shall be held responsible for any failure or delay caused by occurrences beyond its reasonable control that make the event or delivery of the services outlined in this agreement illegal, impossible, commercially impracticable or impracticable to perform, including but not limited to acts of God, war or threat of war, terrorism, strikes, fires or floods, or other similar cause beyond the control of the Contractor, or for any of the foregoing which affect subcontractors or suppliers, and no alternate source of supply is available to the Contractor. In such event, Contractor shall notify the City of Longview, by certified or registered mail, of the delay or potential delay and the cause(s) thereof either (a) within ten (10) calendar days after the cause which creates or will create the delay first arose if the Contractor could reasonably foresee that a delay could occur by reason thereof, or (b) if delay is not reasonably foreseeable, within five (5) calendar days after the date the Contractor first had reason to believe a delay could result. The foregoing shall constitute the Contractor’s sole remedy or excuse with respect to such delay. In the event performance is suspended or delayed, in whole or in part, by reason of any of the aforesaid causes or occurrences and proper notification is given the City, any performance so suspended or delayed shall be performed by the Contractor at no increased cost, promptly after such disabilities have ceased to exist unless it is determined in the sole discretion of the City that the delay will significantly impair the value of the contract to the City or to authorized users, whereupon the City may:

a. Accept allocated performance or deliveries from the Contractor. The Contractor, however, hereby agrees to grant preferential treatment to City of Longview with respect to product subjected to allocation; and/or

b. Purchase from other sources (without recourse to and by the Contractor for the costs and expenses thereof) to replace all or part of the products which are the subject of the delay, which purchases may be deducted from the contract quantity; or

c. Terminate the contract or the portion thereof which is subject to delivery delays, and thereby discharge any unexecuted portion of the contract or the relative part thereof.

2.51 SILENCE OF SPECIFICATION. The apparent silence of these specifications as to any detail or to the apparent omission of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail. Interpretations of these specifications shall be made on the basis of this statement.

2.52 PROPRIETARY INFORMATION. The responders to any inquiry or bid request shall state any restrictions on the use of confidential data contained in their responses. Proprietary information will be handled in accordance with applicable law, regulations and policy of this jurisdiction.

2.53 OPEN RECORDS REQUESTS. All responses to this solicitation are in their entirety, subject to the Public Information Act. The City of Longview will respond to open records requests in accordance to State of Texas law by providing all requested response information unless the awarded contractor has specifically identified, in the bid response package, any section or part respondent deems confidential and/or proprietary. Bidder must note and identify such information on the page where such information appears in the same manner as other exceptions. The viewing of all open records request information must be done in person, by appointment, at the Purchasing Department office.

2.54 ETHICS. The Contractor shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Longview.

2.55 CONFLICT OF INTEREST. No public official shall have interest in this contract, in accordance with Texas Local Government Code Title 5. Subtitle C, Chapter 171. The City of Longview Charter prohibits Council members and other officers and employees of the City of Longview from taking any direct or indirect interest in the profits or emoluments of any contract, job, work, or service for the City of Longview. Persons submitting a response to this bid must comply with all applicable laws, ordinances and regulations including the provisions of the State of Texas Government code Chapter 176. As applicable, the person submitting a response must complete and submit a Conflict of Interest Questionnaire form CIQ, in a form approved by the Texas Ethics Commission. This form is to be attached to the proposal and submitted to the

Purchasing Department. The CIQ affirms that the only person or parties interested in this offer as principals are those named herein, and that this offer is made without collusion with any other person, firm or corporation. Any attempt to intentionally or unintentionally conceal or obfuscate a conflict of interest may automatically result in the disqualification of the bidder's offer.

2.56 DISCLOSURE OF INTERESTED PARTIES. Section 2252.908 of the Texas Government Code requires the awarded Contractor to file Form 1295 promulgated by the Texas Ethics Commission disclosing information about certain parties with a business interest in the company. If Form 1295 is required, the City of Longview cannot enter into a contract with the awarded Contractor unless the bidder submits Form 1295 at the time the bidder submits the signed contract to the City. Generally, the process for filing Form 1295 is as follows.

1. Prior to award by City Council, the bidder will be required to log in to the Texas Ethics Commission, https.//www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm, and fill out the Electronic Filing Application.

2. Once submitted, the system will generate an electronic Form 1295 displaying a “Certificate Number.” The Contractor must print, sign and notarize Form 1295.

3. Within seven (7) business days from notification of pending award by the City of Longview Purchasing Department, the completed Form 1295 must be submitted to City of Longview.

4. The Contractor is required to repeat this process and obtain a separate Form 1295 each time the Contractor enters into a new contract, renews a contract, or makes modification and/or amendments to a City of Longview contract.

By submitting a bid your firm agrees to adhere to section 2252.908 of the Texas Government Code referenced above. No action is required until notification of potential award by the City of Longview Purchasing Department.

2.57 NON-COLLUSION/ANTITRUST. Bidder represents and certifies its employees, agents and representatives have not participated or entered into any anti-competitive arrangements nor discussed or disclosed the terms of their response thereto with any third party other than persons or entities, which the bidder engaged to assist it with respect to completing such response or submission. The prices presented in the Bidder’s response were arrived at independently, without consultation, communication, or agreement with any other bidder for the purpose of restricting competition. The prices provided were not knowingly disclosed to any other bidder and no attempt was made by the Bidder to induce any other person or Entity to submit or not to submit a bid for the purpose of restricting competition.

https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm

SECTION III SPECIAL TERMS AND CONDITIONS

3.00 INSURANCE. All bidders proposing to provide services to the City of Longview are required to have and maintain Workman's Compensation Insurance. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, including without limitation the definition of “Workers’ compensation insurance coverage’ set forth in Section 401.011(44) for all employees of the Contractor providing services to the city for the duration of the contract. A certificate of coverage must be provided prior to the awarding of the contract. If the certificate of coverage expires during the contract duration, the Contractor must file a new certificate of coverage with the City of Longview showing coverage has been extended. Subcontractors, if used, must also provide proof of coverage to the City of Longview listing all persons providing services under this contract. The Contractor shall retain all required certificates of coverage for the duration of the contract and for one year thereafter.

The Contractor shall notify the city in writing within ten (10) days of any change that materially affects the provision of coverage of any person providing services under the contract and required to be covered. The Contractor shall post on each site notice, in the text, form and manner prescribed by the Texas Workman’s Compensation Commission. The Contractor shall contractually require each person with whom it contracts to provide service under the contract to.

1. Provide coverage for the duration of the contract term, based on proper reporting of classification codes and payroll which meets the statutory requirement of the Texas Labor Code, including and without limitation the definition of “ Workers’ compensation insurance coverage” set forth in Section 401.011(44) for all employees providing services under the contract.

2. Provide to the City of Longview prior to that person beginning work under the contract, a certificate of coverage showing that coverage is being provided for the duration of the contract for all employees of the person providing services under the contract.

3. Provide prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period ends during the duration of the contract.

4. Obtain from each other person with whom it contracts, certificate and extensions necessary to provide for coverage to all persons providing services under the contract.

5. Retain all certificates on file for the duration of the contract and for one year thereafter.

6. Notify the City in writing by certified mail of any changes affecting provisions for coverage of any person providing services under the contract.

7. Contractually require each person with whom it contracts to perform as required in subparagraphs 1 - 7, with the certificates of coverage to be provided to the person for whom they are providing services.

By signing this contract and providing a certificate of coverage, the Contractor is representing to the City that all employees of the Contractor who will provide services will be covered by workman’s compensation for the duration of the contract. Failure to comply with any of these provisions is breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy breach within ten (10) days after receipt of notice of breach from the City.

Additional insurance is required. The Contractor shall obtain and maintain for the full term of the contract the following insurance minimums written by a company licensed to conduct business in the state of Texas.

Employer’s Liability - Bodily Injury by Accident - $250,000 each accident Bodily Injury by Disease - $500,000 policy limit Bodily Injury by Disease - $250,000 each employee

Comprehensive General Liability (including Premises-Operations; Independent Contractor’s Protective; Broad ‘FormProperty Damage, Contractual Liability and Personal Injury.)

$500,000 each occurrence $1,000,000 annual aggregate Products and Completed Operations $500,000 each occurrence $1,000,000 annual aggregate Comprehensive Automobile Liability.

Bodily Injury and Property Damage Combined Single Limit. $1,000,000 “CSL” each occurrence

The Contractor shall include the City of Longview and its officers, agents, employees and elected officers as additional insured on all required Comprehensive General Liability and Comprehensive Automobile liability Insurance policies. Each insurance policy to be furnished by Contractor shall include, by endorsement to the policy, a statement that a notice shall be given to the City of Longview by certified mail thirty (30) days prior to cancellation or upon any material change in coverage.

The Contract with the successful bidder will contain the following Contract Terms and Conditions:

3.01 CONTRACT QUANTITIES: The quantities specified in this Contract are estimated only.

They may not indicate the actual quantity which will be ordered, since such volume will depend upon requirements which develop during the Contract period. Quantities shown shall not be construed to represent any amount which the City shall be obligated to purchase under the Contract, or relieve the Contractor of its obligation to fill all orders placed by the City.

3.02 DELAYS: If delay is foreseen, the Contractor shall give immediate written notice to the City Representative. The Contractor must keep the City advised at all times of the status of the services. Default in promised delivery (without accepted reasons) or failure to meet specifications, authorizes the City to purchase services elsewhere and charge full increase in cost and handling to defaulting Contractor.

3.03 DELIVERY FAILURES: Time is of the essence. Should the Contractor fail to deliver the proper services or item(s) at the time and place(s) specified, or within a reasonable period of time thereafter as determined by the City Representative, or should the Contractor fail to make a timely replacement of rejected items when so requested, the City may purchase services or items of comparable quality in the open market to replace the rejected or undelivered services or items. The Contractor shall reimburse the City for all costs in excess of the Contract price when purchases are made in the open market; or, in the event that there is a balance the City owes to the Contractor from prior transactions, an amount equal to the additional expense incurred by the City as a result of the Contractors nonperformance shall be deducted from the balance as payment.

3.04 SUBSTITUTIONS: NO substitutions or cancellations are permitted after Contract award without written approval by the Division of Procurement. Where specific employees are proposed by the Contractor for the work, those employees shall perform the work as long as those employees work for the Contractor, either as employees or subcontractors, unless the City agrees to a substitution. Requests for substitutions shall be reviewed and may be approved by the City at its sole discretion.

3.05 CONDITION OF ITEMS: All items shall be new, in first class condition, including containers suitable for shipment and storage, unless otherwise indicated herein. Verbal agreements to the contrary will not be recognized.

3.10 WORKMANSHIP AND INSPECTION: All work under this Contract shall be performed in a skillful and workmanlike manner. The Contractor and its employees shall be professional and courteous at all times.

The City may, in writing, require the Contractor to remove any employee from work for reasonable cause, as determined by the City. Further, the City may, from time to time, make inspections of the work performed under the Contract. Any inspection by the City does not relieve the Contractor of any responsibility in meeting the Contract requirements.

3.11 CLEANING UP: The Contractor shall at all times keep the adjacent areas of the property free from rubbish and the accumulation of any waste materials. Contractor shall be responsible for the removal of all trash at the end of each day, or more frequently as may be required by the Contract Administrator.

3.12 INVOICING AND PAYMENT: The cost of any required work including urgent repairs and callback service that is required shall have a detailed report of labor hours, parts and material used, and equipment repaired, replaced or installed, submitted to City's representative. Upon delivery and acceptance of work, the Contractor shall submit a proper invoice detailing the appropriate work, in duplicate such invoice to include a detailed breakdown of all charges and shall be based on completion of tasks or deliverables for the period of time being billed.

Invoices shall be submitted to:

Accounts Payable City of Longview

PO Box 1952 Longview, TX 75606 accountspayable@longviewtexas.gov

All such invoices will be paid within thirty (30) days by the City unless any items thereon are questioned, in which event payment will be withheld pending verification of the amount claimed and the validity of the claim.

mailto:accountspayable@longviewtexas.gov

3.13 SUBMISSION OF BIDS: Before submitting a bid, read the ENTIRE solicitation including the Contract Terms and Conditions. Failure to read any part of this solicitation will not relieve a bidder of its contractual obligations. Pricing must be submitted on Invitation for Bid pricing form only. Include other information as requested or required.

3.14 QUESTIONS AND INQUIRIES: Written questions and inquiries will be accepted from any and all bidders. The Purchasing Department is the sole point of contact for this solicitation unless otherwise instructed herein. Unauthorized contact with other City of Longview staff regarding the ITB may result in the disqualification of the bidder. Inquiries pertaining to the Invitation for Bid must give the ITB number, title, and acceptance date. Material questions will be answered in writing with an Addendum. It is the responsibility of all bidders to ensure that they have received all addendums. Addendums can be downloaded from www.LongviewTexas.gov/bids .

3.15 USE OF BRAND NAMES: Unless otherwise provided in an Invitation to Bid, the name of a certain brand, make or manufacturer does not restrict bidders to the specific brand, make or manufacturer named; it conveys the general style, type, character, and quality of the article desired, and any article which the City, in its sole discretion, determines to be the equal of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted. Any catalog, brand name or manufacturer's reference used in the ITB is descriptive -- NOT restrictive – it is provided to generally indicate the type and quality desired. Bids on brands of like nature and quality will be considered. If the bid is based on offering other than the referenced or specified items, the bid must show the name of the manufacturer, brand or trade name, catalog number, etc., of article offered. If other than the brand(s) specified is offered, illustrations and complete description must be submitted with bid.

Samples may be required.

http://www.longviewtexas.gov/bids

SECTION IV – TECHNICAL SPECIFICATIONS

4.0. 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,…