Request for Proposals (3).pdf

CITY OF DEER PARK

REQUEST FOR PROPOSALS

Proposal RFP 4071-26

This REQUEST FOR PROPOSALS is for your convenience in offering the referenced products and/or services for the City of DEER PARK:

City of Deer Park Annual Mowing Services Contract for Drainage Easements

Proposals are due by

August 27, 2026 at 2:00 p.m. CST

LATE PROPOSALS WILL NOT BE ACCEPTED

TABLE OF CONTENTS

Table of Contents

Solicitation Overview ................................................................................................................ 3 – 4

Specifications ............................................................................................................................. 5 – 9

Pricing Proposal

Summary Response Page

Standard Terms & Conditions ................................................................................................... 12 – 16

Attachment ‘A’ – General Instructions to Proposers ................................................................. 17 – 18

Attachment ‘B’ – Special Instructions to Proposers

Attachment ‘C’ – Checklist for Proposals

Attachment ‘D’ – Conflict of Interest Questionnaire

Attachment ‘E’ – Conflict of Interest Form

Attachment ‘F’ – Affidavit of Insurance Requirements

Attachment ‘G’ – Indemnification by Contractor

Attachment ‘H’ – Contractor’s Certification of Worker’s Compensation

Attachment ‘I’ – Bonding Requirements

Attachment ‘J’ – Standard Contract and Acknowledgement ..................................................... 27 – 28

Attachment ‘K’ – Standard Form of Agreement ....................................................................... 29 – 30

Attachment ‘L” – Required Contract Supplement ..................................................................... 31 - 32

Attachment ‘M’ – Sample Mowing Services Maps ................................................................... 33 – 37

Attachment ‘N’ – Operational Plan……………………………………………………………. 38

Project Description The City of Deer Park is seeking proposals via these specifications for the process necessary to complete the mowing and weed eating on the below drainage easements and right of ways, and additional maintenance services in Deer Park, Texas 77536.

General Conditions

A. Proposals received after the date and time specified on the Request for Proposal packet shall be returned unopened and will be considered void and unacceptable. The City of Deer Park is not responsible for lateness of mail carrier, etc., and time/date stamp in the office of the City Secretary shall be the official time of receipt.

B. Proposals cannot be altered or amended after closing date. Alterations made before closing must be initialed by proposer guaranteeing authenticity. Proposals may not be withdrawn after proposal closing date except in the case of a substantial error.

C. Proposals will be received and publicly acknowledged at the location, date and time identified in the proposal packet. Proposers, their representative and interested persons may be present.

Proposals shall remain effective for a period of one hundred and twenty (120) days from the date and time identified in the proposal packet.

D. By submitting a proposal, the proposer certifies that (s) he has fully read and understands the Request for Proposal packet and has full knowledge of the scope, quantity and quality of the services to be furnished and intends to adhere to the provisions described or modified herein.

E. The proposer shall furnish any additional information as the City of Deer Park may require. The City reserves the right to make investigations of the qualifications of the proposer, as it deems appropriate.

F. Proposers must be able to adhere to all provisions of the enclosed contract.

G. No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in the resulting contract.

H. Proposers are advised that all City contracts are subject to all legal requirements provided in the City Charter and/or applicable City Ordinance, State and Federal Statues.

I. All reports, drawings and other deliverables prepared under this Contract by the successful proposer shall be and remain the property of the City upon City’s compensation of the successful proposer for its services as herein provided. Successful proposer shall not release to others information furnished by the City without prior approval of the Purchasing Manager.

J. Any proposal that does not contain all of the information requested in the proposal packet may be considered as incomplete and may be rejected by the City of Deer Park.

K. Proposals must be signed by an officer of the firm who is authorized to bind for the firm.

Timetable Proposals are due and must be received at the City of Deer Park, 710 E San Augustine St, Deer Park, Texas 77536-4258, no later than 2:00 p.m. (CST), August 27, 2026. Proposals are to be addressed to the attention of City Secretary, City of Deer Park. All submittals shall be in a sealed envelope marked on the lower left-hand corner with “Mowing RFP #4071-26”.

The following tentative schedule has been established for this Request for Proposals.

Request for Proposals are Advertised: August 12, 2026 Deadline for Proposal Submittals: August 27, 2026 at 2:00 p.m. CST Award of Contract: September 1, 2026 Notice to Proceed: October 1, 2026

Submittals:

The following instructions describe the form in which proposals must be presented. Proposal documents must be prepared simply, economically, and provide a straightforward, concise response to the requirements of the Request for Proposal packet. Completeness and clarity of content must be emphasized. The requirements stated do not preclude proposers from furnishing additional reports, functions, or other information as deemed appropriate. Three (3) originals and one (1) digital copy shall be submitted.

SPECIFICATIONS

SECTION I: PROPOSAL INTENT

Premises The City of Deer Park is seeking proposals for the process necessary to complete the mowing and weed eating City owned drainage easements and additional maintenance services in Deer Park, Texas 77536.

Contract Length The first term of the contract will be October 1, 2026 thru September 30, 2027. The City of Deer Park will then have the option to renew the contract with the current vendor for an additional year of service.

This option may be exercised for up to three (3) concurrent years. This option will be reviewed on July 1 of each year. After the second year of the contract, price adjustments may be made, however adjustments will not exceed the Houston Area Consumer Price Index for those services. The City of Deer Park reserves the right to not exercise this option after the initial year contract is completed. If at any time during the contract term the vendor does not meet the requirements specified herein, the City shall have the right to cancel the contract with sixty (60) days written notice. The vendor may also give a 60-day notice to terminate the contract.

Schedules The proposed minimum required mowing schedule is included on pages 7 and 8 in this packet; however, additional work may need to be completed as required.

General Standards Public Works Streets Supervisor or designee will monitor the quality of work provided by the contractor’s staff and will immediately report to the successful contractor if the standards are not met. The successful contractor will then have one business day to take corrective action in a manner deemed satisfactory to the Streets Supervisor.

Contractor is responsible for appointing or selecting a designated representative to serve as spokesperson or point of contact on behalf of the contractor. The contractor agrees to notify the Streets Supervisor of any changes associated with the designated representative (i.e. contact information, representative change, etc.)

in a timely manner not to exceed five (5) business days.

Contractor’s employees are not to be accompanied in their work area by acquaintances, family members, assistants, or any other person unless said person is an authorized employee of the contractor and has met the requirements as established in these specifications.

Proposal Organization and Format Proposal should be submitted on 8.5 by 11-inch paper securely bound. Submissions must contain all applicable items requested, and be organized as shown below. Each section should be separated by tabs and labeled.

• Cover clearly displaying the title of the RFP

• Table of Contents

• Industry letter, to include name and contact information for the primary City contact with the firm

• A proposed Operations Plan, detailing the task to be completed as listed under Scope of Services

• A description of previous work, similar to the request, including a list of comparable clients where similar services have been provided within the last five years, with dates services were provided and contact information

• Reference Data Sheets (minimum of 3)

• Proof of Insurability

• Conflict of Interest Questionnaire

SECTION II: REQUEST FOR PROPOSALS SELECTION AND AWARD PROCESS

1. Request for Proposals Scoring and Selection

The purpose of the request for proposals is to demonstrate the company’s qualifications, competence, capability and capacity to meet the City’s requirements. An evaluation committee will review the request for proposals submitted and rank each based on the evaluation criteria specified below. The City may require additional information after the review of the initial information received. Interviews may be conducted individually with firms who submit responsive request for qualifications and who are determined reasonably qualified for award of the contract. The City of Deer Park reserves the right to reject any proposals and does not guarantee a contract will be awarded. All costs associated with the preparation of the request for qualifications, site visits, presentations, and any other costs are the responsibility of the submitting firms. Responding to this RFP constitutes understanding and agreement to methods of evaluation and selection.

2. Evaluation Criteria The evaluation of the Proposals shall be based on the Respondent’s response to each of the criteria listed below:

Criterion Description Point Value

1 General Quality and Adequacy of Response

• Completeness & thoroughness, responsiveness to terms and conditions

• Understanding of contract scope

10%

2 Operation Plan 35% 3 Pricing Proposal 50% 4 References 5%

Total 100%

3. Right to Reject Request for Qualifications and Contract Terms

The City of Deer Park reserves the right to reject any request for proposals. If contract negotiations cannot be concluded successfully with the highest scoring firm, City of Deer Park may negotiate a contract with the next highest scoring firm and so on until an agreement is reached.

4. Funding Out The State of Texas statutes prohibit the obligation and expenditure of public funds beyond the fiscal year for which a budget is approved. Should, during the term of this contract, funds be withdrawn by the funding authority, a Force Majeure shall be deemed to exist, and this contract may be terminated without penalty or recourse by either party.

SECTION III: SCOPE OF WORK

Staff and Employees of the Contractor Contractor shall provide supervision of all work crews at all times while performing work under this agreement. Personal supervision is not required if equipment or other means are provided that enable the work crew to communicate with the contractor at all times.

The contractor’s job supervisor and additional personnel as deemed necessary must be fluent in the English language. There is to be, at a minimum, one (1) person on each shift on site, who can speak, read and write English.

Contractor shall be solely responsible for any injuries to contractor’s personnel while servicing the medians, entrances and right of ways under this contract.

Contractor is responsible for appointing or selecting a designated representative to serve as spokesperson or point of contact on behalf of the contractor. The contractor agrees to notify the Park Operations Supervisor of any changes associated with the designated representative (I.e. Contact information, representative change, etc.) in a timely manner not to exceed five (5) business days.

Uniforms Contractor should provide uniforms for staff that project a professional image including appropriate footwear. Uniforms shall be neat in appearance, no holes, stains, etc. In addition, Contractor shall provide their employees with all necessary safety equipment (i.e. safety vest, glasses, earplugs, etc.) and ensure that they are practicing safe work environment habits.

Equipment Contractor warrants that all such equipment for drainage easements and right of ways are adequate for the work. Mowing equipment shall be equipped with sharp blades so it does not tear, but cleanly cut the blades of grass. Additionally, the contractor shall maintain or have immediate access to adequate backup equipment in order to sustain continuous operations in the event of equipment failure. The use of insufficient and / or inadequate machinery or equipment as determined by the Streets Supervisor deemed a breach of the contract.

Contractor shall be responsible for all damages to his equipment during the course of this agreement.

The City reserves the right to condemn contractor’s equipment, if said equipment judged unsafe for use, posing a health and/or safety matter, or is otherwise working improperly.

Any damage incurred to City of Deer Park’s property by the contractor’s staff will be repaired by the Contractor. All costs associated with repair will be the Contractor’s responsibility.

Work Schedule Rain out days will be followed by the next available day on all areas, when ground is dry enough for equipment.

This contract requires, as a minimum, the following work schedule:

• Mowing monthly from April 1st – October 31st

• Mowing every other month from November 1st thru March 30th.

SECTION IV: MOWING DUTIES AND RESPONSIBILITIES

See Attachment ‘M’ for visual maps.

• Area “PW-1”– Drainage right-of-way runs north and south between Luella Avenue and College Park Drive. Mowing services include both the east and west side of the right-of-way. The length is approximately 2,590 linear feet long and starts at the HCFCD Outfall B112-03-00, just north of Yale Lane, and proceeding south (crossing Lambuth Lane) to the back of 4905 College Park Drive.

(see Attachment “M”)

• Area “PW-2” – Drainage right-of-way runs north and south and is located south of West X Street and between Eastwind Drive and Dublin Drive. Mowing services include the east and west side of the right-of-way. The length is approximately 860 linear feet long. (See Attachment “M”)

• Area “PW-3” – Drainage right-of-way runs north and south and located south of Pasadena Blvd., between Elizabeth Street and Polk Lane. Mowing services include the east and west side of the right-of-way starting on the south side of Pasadena Blvd., and proceeding south to the conveyance of Willow Springs Bayou outfall. Approximately 850 linear feet long. (See Attachment “M”)

• Area “PW-4” - Drainage right-of-way runs east and west and is located between Pickerton Drive and Wisdom Drive. Mowing services include the north and south side of the right-of-way between Red Bluff Road and Kalwick Drive. Approximately 4,060 linear feet long. (See Attachment “M”)

Mowing - The grass within Area “PW” shall be maintained / mowed to an approximate height of Three (3) to four (4) inches during the specified mowing schedule. A mowed area shall be free of clumped grass and deep tire tracks or ruts from mowing equipment. Turf will be cut in a professional manner being no scalped turf or leaving the area with clippings on any paved surfaces such as drainage channels, streets, parking lots, sidewalks, driveways and/or on an adjacent property. Do not blow grass clippings into resident’s yards or drainage channels. Contractor is responsible for making sure that all grass clippings are either blown back into the lawn or manually raked up and removed from the aforementioned paved areas.

Weed eating – For Area “PW” all curbs, for all areas, all concrete flow lines, all curbs, trees, shrubs, bollard, guardrails, rock beds or signs in medians, entrances and right of ways will be mechanically trimmed with a string trimmer. Trees shall be trimmed around and up to the base.

Weed eating should include the cutting of all weeds, vines and small tree saplings (1.5” or smaller). Weeds, vine, and small tree debris should not be blown into or on any cement ditches. Contractor is responsible for making sure that all grass clippings are either blown back into the lawn or manually raked up and removed from the aforementioned paved areas. Grass clippings are not to be blown in to any storm water inlets.

Chemical Application – Contractors may use chemical applications for weed control in their management for Area “PW” including but not limited to curbs, around signs in medians, some fence lines entrances and right of ways; with prior written approval from the Public Works Department. If proposing to use chemical applications for weed control, a current Pesticide Applicator License issued by the Texas Department of

Agriculture will be required and the City will need copy(ies) for our records. Prior to first application, the Contractor will meet with the Streets Supervisor to review all areas requiring chemical application. The use of chemical control must be utilized with care so as not to damage turf areas. The areas of chemical control must not exceed areas larger than one (1) foot around any sign posts, monument signs, curbs, and inlets. At no time is the contractor allowed to spray trees rings, beautification beds, or allow any chemical to enter the concrete drainage channel. The use of identification dye is not permitted unless prior permission is obtained. It is the contractor’s responsibility to abide by all guidelines associated with their approved license.

PLEASE NOTE: No “total-kill” on outfall/ditch slopes. Contractor is responsible for damages to private property due to chemicals.

Litter Removal – For all areas, contractor will pick up all litter and debris throughout the medians, entrances and right of ways prior to mowing or performing any work. Contractor shall remove all litter and place in contractor’s receptacle.

Removal and disposal of litter and debris shall be the sole responsibility of the contractor. Contractor will pick up all litter and debris two (2) inches or larger throughout the entrances and right of ways prior to mowing or performing any work. Removal and disposal of litter and debris shall be the sole responsibility of the contractor. Contractor also agrees that they shall be responsible for any and/or all landfill fees, if any, associated with the disposal of the litter and debris. Any litter, cut or broken during maintenance operations, shall be completely removed from the medians, entrances and right of ways immediately and prior to proceeding with the mowing.

SECTION V: PRICING PROPOSAL

Inclusive Pricing Proposer pricing is to include all expenses, fees and charges related to the delivery of the specified goods or services. The City will not pay an additional charges other than the proposal price.

Area Price Per Mow

Number of Mows

Total (Price x 9 mows)

PW-1 Drainage right-of-way runs north and south between Luella Avenue and College Park Drive. Mowing services include both the east and west side of the right-of-way. The length is approximately 2,590 linear feet long and starts at the HCFCD Outfall B112-03-00, just north of Yale Lane, and proceeding south (crossing Lambuth Lane) to the back of 4905 College Park Drive. (see Attachment “M”)

$__________ 9 $_____________

PW-2 Drainage right-of-way runs north and south and is located south of West X Street and between Eastwind Drive and Dublin Drive. Mowing services include the east and west side of the right-of-way. The length is approximately 860 linear feet long. (See Attachment “M”)

$__________ 9 $_____________

PW-3 Drainage right-of-way runs north and south and located south of Pasadena Blvd., between Elizabeth Street and Polk Lane. Mowing services include the east and west side of the right-of-way starting on the south side of Pasadena Blvd., and proceeding south to the conveyance of Willow Springs Bayou outfall. Approximately 850 linear feet long. (See Attachment “M”)

$__________ 9 $____________

PW-4 Drainage right-of-way runs east and west and is located between Pickerton Drive and Wisdom Drive. Mowing services include the north and south side of the right-of-way between Red Bluff Road and Kalwick Drive. Approximately 4,060 linear feet long. (See Attachment “M”)

$__________ 9 $_____________

GRAND ANNUAL TOTAL:

(Sum of Area PW-1 + PW-2 + PW-3 + PW-4 = Total): $_____________________

I, _____________________________, (Company Representative) have reviewed the proposal specifications and proposed contract with the City of Deer Park and agree to the proposed terms and specifications as detailed in the Request for Proposal, and herein submit the attached proposal. It is understood and agreed that the above described, item, material and / or equipment, or service shall carry the standard warranty of the manufacturer or provider and be delivered on site in accordance with the attached specifications.

The undersigned certifies that the proposal price contained in the foregoing proposal has been carefully checked and is submitted in duplicate.

Company Name: Authorized Signature:

Street Address: Printed Name:

City, State, Zip: Date:

Phone: Email:

SUMMARY RESPONSE PAGE

Mowing Service for the City of Deer Park – Drainage Right-of-Ways

Complete Legal Name of firm submitting proposal:

Mailing Address:

Phone: Contact Email Address:

GRAND ANNUAL TOTAL of proposal from the Proposal Pricing Sheet: $

Authorized Signature: Date:

Signature indicates proposer accepts the specifications, terms and conditions of this solicitation and that proposer is neither delinquent on any payment due the City nor involved in any lawsuit against the City.

Printed Name: Title:

Are you proposing as a:

___ Corporation ___ Non-Profit Corporation ___ Limited Liability Company

___ Partnership ___ Individual or Sole Proprietor

M/WBE: If you are a minority-owned or woman-owned business, please check which type and list any certification number:

___ Black ___ Hispanic ___ Asia-India ___ Asia- Pacific ___ Native American

___ Woman-Owned Certification #________________________

REFERENCES:

This solicitation requires references. Please attach to this page a list of five (5) references either currently doing business with you or having purchased goods or services within the past 24 months. For each reference list name, contact person, address, telephone, and e-mail address, years doing business with reference and any other pertinent information to help the City of Deer Park verify the quality of goods or services your firm provides.

STANDARD TERMS AND CONDITIONS

1. Application

These standard terms and conditions shall apply to all City of Deer Park (hereafter “City”) solicitations and procurements, unless specifically accepted in the solicitation specifications.

2. Requirements

By submitting a proposal, the respondent agrees to provide the City with the specified goods or services described in the solicitation in accordance with these standard terms and conditions at the agreed upon proposal price and in compliance with the stated specifications and any subsequent addendums issued prior to the date of the proposal opening.

3. Legal Compliance

Proposer must comply with all Federal, State and Local laws, statutes, ordinances, regulations and standards in effect at the time of delivery of goods and services. Proposer must maintain any required licenses and certificates required under the same laws, statutes, ordinances, regulations and standards for services and/or goods provided in response to this solicitation.

4. Estimated Quantities

If the solicitation calls for unit pricing on specific items, the quantities described for each item are estimates only and not guaranteed amounts. The actual amount ordered over the contract period may be more or less than the estimate. Quantities represent the City’s best estimate based on history and anticipated purchases.

5. Modifications and Addendums

The City shall have the right to modify any of the solicitation documents prior to submission deadline and will endeavor to notify potential proposers but failure to notify shall impose no liability or obligation on the City. All modifications and addendums must be in written form prepared by the City department issuing the solicitation. Proposers are responsible for incorporating any modifications and addendums into their proposal responses.

6. Interpretation of Solicitation Documents

The City is the final judge of the meaning of any word(s) sentences, paragraphs or other parts of the solicitation documents. Proposers are encouraged to seek clarification, before submitting a proposal, of any portion of the proposal documents that appears to be ambiguous, unclear, inconsistent or otherwise in error. Clarifications will be in writing.

7. Late Proposal

Proposals must be received in the City’s Secretary’s Office by the time specified in the solicitation. The City will not accept late proposals and is not responsible for the lateness or non-delivery of proposals by the Postal Service or any private delivery firm. The time/date stamp in the City Secretary’s Office shall be the official time of receipt.

8. Conditional Proposals

The City will not accept conditional proposals, which qualify the proposal’s response in any way.

9. Minor Irregularities

The City reserves the right to waive any minor irregularities that do not materially affect the scope or pricing of submitted Proposals.

10. Responsiveness of Proposals The City wants to receive competitive proposals but will declare “non-responsive” proposals that fail to meet significant requirements outlined in the solicitation documents.

11. Discrepancies and Errors

In the case of a discrepancy between the unit price and the extended total for a proposal item, the unit price will prevail. The unit prices of proposals that have been opened may not be changed for the purpose of correcting an error in the proposal price.

12. Identical Proposals

In the event two or more identical proposals are received and are lowest, responsible and responsive, award will be made as prescribed in the Texas Local Government Code, Chapter 271.901.

13. Withdrawal of Proposals

Proposers may withdraw any submitted proposals prior to the proposal submission deadline. Proposers may not withdraw once the proposal has been publicly opened without the approval of the City’s purchasing manager. Proposer will be allowed to withdraw proposals that contain substantial mathematical errors in extension.

14. Disqualification of Proposal

The City may disqualify proposers, and their proposals not be considered, for any of the following reasons: collusion among proposals; proposal’s default on an existing or previous contract with the City, including failure to deliver goods and/or services of the quality and price proposal; proposer’s lack of financial stability; any factor concerning the proposer’s inability to provide the quantity, quality, and timeliness of services or goods specified in the solicitation; proposer’s involved in a current or pending lawsuit with City; proposer’s attempt to influence the outcome of the solicitation through unauthorized contact with City officials outside of those listed in the solicitation documents.

15. Cost of Proposal

The cost of submitting proposal shall be borne by the proposer, and the City will not be liable for any costs incurred by a proposer responding to this solicitation.

16. Inclusive Pricing

Proposal pricing is to include all expenses, fees and charges related to the delivery of the specified goods or services. The City will not pay any additional charges other than the proposal price unless requested by the City on the proposal response sheet.

17. Firm Prices

Unless otherwise stated in the specifications, proposer’s prices remain firm for 120 days from date of proposal opening and, upon award, remain in effect for the contract period specified in the solicitation.

If formal award has not occurred within 120 days of proposal opening, the vendor and the City may mutually agree to extend the firm price period.

20. Delivery and Acceptance

The City will receive only those goods as authorized by City purchase order. Proposer warrants that all deliveries relating to this solicitation be of the type and quality specified by the City. The City may refuse or reject any delivery failing to meet specifications and shall not be held to have accepted any delivery until after it has made an inspection of same. The City is the final judge as to acceptability of goods under this solicitation.

21. Failure to Deliver If a proposer is unable to deliver the quantity or quality of specified goods, or is unable to deliver goods within a time period when included in the specifications, the City shall be authorized to purchase from any other available source, consistent with State of Texas procurement statutes, at the expense of the Proposer.

22. MSDS

Proposers must submit Material Safety Data Sheets for any hazardous chemical quoted or supplied under this solicitation.

23. Taxpayer Identification

Proposers must provide the City with a current W-9 “Request for Taxpayer Identification and Certification” before goods or services can be procured from the proposer.

24. Taxes

The City is exempt from all federal excise taxes and all state and local sales and use taxes. If such taxes are listed on a proposer’s invoice, they will not be paid. Additionally, Proposers cannot use the City’s tax exemption status to purchase goods or services related to this solicitation.

25. Payment

Payment will be made after receipt of all invoiced services. Proposer will be paid within thirty days of date invoice is received or date services are performed, whichever is later. Additional discount may be taken by the City based on the Summary Response Page. The discount date begins with the date the invoice is received or the date all items covered by the invoice is received, whichever is later. Proposer is entitled to interest, at a rate stipulated by state law, if payment is not made within thirty days.

26. Outstanding Liabilities

Proposers shall not have outstanding, unpaid liabilities owed to the City. Liabilities may include, but are not limited to, property taxes, hotel occupancy taxes, license or permit fees, and water bills.

Proposals will be considered non-responsible and not given further consideration if submitted by a proposer with such outstanding liabilities.

27. Offset

The City may, at its option, offset any amounts due and payable under a contract award under this solicitation against any debt lawfully due the City from a vendor, whether or not the amount due arises pursuant to the terms of the contract and whether or not the debt has been reduced to judgment by a court.

28. Independent Contractors

It is expressly agreed and understood by both parties that the City is contracting with the successful proposer as an independent contractor. The City shall not be liable for any claims which may be asserted by any third party occurring in connection with services performed by the successful proposer, and the successful proposer has no authority to bind the City.

30. Warranties

Proposer warrants that any and all goods delivered are newly manufactured, free from defects in materials and workmanship and conform in every respect to the City’s specifications. Goods are warranted for one year from date of acceptance by the City, following delivery and inspection. If at any time during the twelve months following acceptance of the goods, said goods fail to perform their intended purpose or are discovered to be defective on nonconforming to the City’s specifications, the proposer will replace the goods at no cost to the City, including any delivery or installation costs. This warranty shall be unconditional. If a manufacturer of goods or of component parts of goods provides a warranty longer than the period provided for herein, the provisions of this warranty shall not be construed to diminish or conflict with the manufacturer’s warranty.

31. Governing Law

All proposals submitted in response to this solicitation and any resulting contract shall be governed by, and construed in accordance with, the charter and ordinances of the City of Deer Park and the laws and court decisions of the City of Deer Park, Harris County, and the State of Texas.

32. Controlling Document

In the case of a discrepancy between this solicitation and the formal contract, the formal contract will prevail and control.

33. Assignment

Proposer shall not assign, transfer, or pledge a contract awarded under this solicitation, in whole or in part, without the prior written consent of the City’s purchasing manager. Assignment of this contract, if approved by the City, shall not relieve the proposer’s obligations under the contract. Approval by the City of one assignment shall not constitute approval of any future assignment of the contract.

34. Termination

If an awarded proposer fails in any manner to fully perform each and all of the terms, conditions and covenants of a contract awarded by this solicitation, (s) he shall be in default and notice of default shall be given to the proposed by the City’s purchasing manager. In the event that the contractor continues in default for a period of seven (7) days after receipt of the above-mentioned notice of default, the City may terminate or cancel the contract. The City may also cancel a contract for convenience and without cause with thirty days ‘notice. In any cancellation of contract, the City will pay the proposer for all goods received and accepted and for all services provided and accepted up to and including the date of termination.

35. Indemnification

Proposer shall defend, indemnify, and hold harmless the City of Deer Park, its officers, agents, employees, appointees and volunteers against any and all claims, lawsuits, judgments, costs and expenses for personal injury (including death), property damage or other harm for which recovery of damages is sought, suffered by any person or persons, that may arise out of or be occasioned by proposer’s breach of any of the terms or provisions of any contract awarded as a result of this solicitation, or by any negligent or strictly liable act or omission of the proposer, its officers, agents, employees, or subcontractors, in the performance of an awarded contract; except that the indemnity provided for in this paragraph shall not apply to any liability resulting from the sole negligence or fault of the City, its officers, agents or employees, and in the event of joint and concurrent negligence or fault of the proposer and City, responsibility and indemnity, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas, without waiving any governmental immunity available to the City under Texas law and without waiving any defenses of the parties under Texas law.

The provisions of this paragraph are solely for the benefit of the parties hereto and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity.

36. Venue

The obligations of all parties under a contract awarded through this solicitation are performed in Harris County, Texas and if legal action is necessary to enforce same, exclusive venue shall be within Harris County, Texas.

37. Funding State of Texas statutes prohibit the obligation and expenditure of public funds beyond the fiscal year for which a budget has been approved. Orders or other obligations that may arise beyond the end of the current fiscal year shall be subject to approval of budget funds.

38. Open Records

Proposal pricing is not considered confidential and is open to public inspection. Trade secrets and other material considered confidential by the proposer should be clearly marked as such. If a request is made under the Texas Open Records Act to inspect information designated as a trade secret or confidential in a proposal, the City will forward the appropriate documents to the Attorney General of Texas who will contact the proposer to request sufficient written reasons as to why the information should be protected from disclosure. Upon review of the proposer’s response, the Attorney General will make a determination as to the confidentiality of the requested material(s), or lack thereof, and the City will respond accordingly.

ATTACHMENT A

GENERAL INSTRUCTIONS TO PROPOSERS

1. Submission of Proposals/Late Proposals

Proposal pricing must be in US dollars and cents. Proposers are to provide enough information with their proposal to constitute a definite, firm, unqualified and unconditional offer. Proposals (3 hardcopy and 1 digital) are to be submitted in a sealed envelope or package and labeled with the proposer’s name and the solicitation name & number. All proposals must be submitted to the City of Deer Park City Secretary’s office no later than the date and time indicated in the solicitation. All times listed are local times. It is the proposer’s responsibility to ensure that proposals are delivered/received by the specified time. Late proposals will not be accepted and will be returned unopened.

2. Legal Name of Proposer

In completing the Summary Response Page, the proposer must list the legal name of the proposer’s company. This is the name that will be on all contracts, awards, and purchase orders. The Summary Response Page also requires a statement as to the legal status of the proposer (corporation, partnership, sole proprietorship, etc.). The Summary Response Page should be the first document in the proposer’s response.

3. Signature

The signature on the Summary Response Page must be in ink and from an individual with the authority to commit the company to the prices proposal and terms stated.

4. Altered Proposals

Any alterations, erasures or strikethroughs made by the proposer prior to submission of the proposals must be initialed by the proposer to guarantee authenticity.

5 Payment Terms, Discount & Type of Payment

Proposer may express the method(s) in which he or she wishes to receive payment. If invoice states a payment term discount offer, the City will take advantage of this discount and payment will be made accordingly.

6. References

References are requested. The Summary Response page will indicate how many references and what other conditions may apply to the references. Proposer will attach a separate page with the requested references.

7. Conflict of Interest

Proposers should review and complete the Conflict of Interest Form (Attachment E).

8. Addendums

It is the proposer’s responsibility to alter his proposal response based on information updated in one or more addendums to the solicitation. Addendums will be posted on the Purchasing solicitation page of the City’s Web site at least four days before the proposal due date. Efforts will be made to ensure that proposers receive notice of addendums, but the ultimate responsibility rests with the proposer.

9. Exceptions If a proposer takes exception to any part of the specifications or solicitation documents, such exception must be requested in writing, to the Purchasing agent/manager listed in the solicitation, at least six business days before the proposal due date or within 24 hours of a pre-proposal meeting, whichever is earlier. Approved exceptions will be included in an addendum.

10. Checklist

A proposer’s checklist (Attachment C) is included with the solicitation package. The checklist is an aid to the proposer in knowing which documents to submit.

ATTACHMENT B

SPECIAL INSTRUCTIONS TO PROPOSSERS

1. Proposing Process/Contact Information

The City of Deer Park is aware of the time and effort proposers spend in preparing and submitting proposals. We will work with you to make the process as easy as possible. If you have questions or concerns about the proposing process, please post your questions to the Question & Answer section on CivCast (www.civcastUSA.com) by searching for Project ID: 4071-26

2. Method of Award

Based on the criteria identified above the City of Deer Park reserves the right, at its sole discretion, to accept the proposal which it considers most favorable to the City’s interest.

The City of Deer Park reserves the right to require formal presentations by any or all proposers regarding their proposal. Any costs associated with a presentation shall be the responsibility of the proposer.

The City of Deer Park reserves the right to accept or reject any qualified proposals, to reject any and all proposals and to waive minor informalities.

3. Public Proposal Opening

A public proposal opening will be held at 2:00 PM on August 27, 2026 at City Hall, 710 East San Augustine, Deer Park, TX 77536 in the City Council Chambers.

4. Insurance Requirements

This solicitation has insurance requirements. Please review the requirements with your insurance agent and submit insurance affidavit (Attachment F) with your proposal.

5. Required Contract

This solicitation requires a signed contract prior to award.

ATTACHMENT C

CHECKLIST FOR PROPOSALS

Documents to be submitted in response to this Request for Proposal (RFP).

____ Proposal Pricing Page: All lines completed

____ Proposal Summary Page: Completed Summary Response Page

____ Deadline Date: Proposal must be received & stamped in City Secretary’s Office no later than

2:00 PM on August 27, 2026.

Proposals failing to comply with the above will be deemed non-responsive.

____ TWO (3) HARDCOPIES AND ONE (1) PDF DIGITAL COPY OF PROPOSAL

____ Conflict of Interest Form (Attachment E)

____ Cover Page

____ Table of Contents

____ Introductory Letter

____ Detailed Work History

____ References (As requested on the Summary Response Page)

____ Insurance Affidavit (Attachment F)

____ Indemnification by Contractor (Attachment G)

____ Contractor Certification of Workers’ Compensation (Attachment H)

____ Standard Contract and Acknowledgement (Attachment J)

____ Required Contract Supplement (Attachment L)

____ Operational Plan (Attachment O)

ATTACHMENT D

CONFLICT OF INTEREST INSTRUCTIONS

In accordance with H.B. 914 the City of Deer Park is required to file the enclosed form (CIQ), Conflict of Interest Questionnaire with the City Secretary’s office with any vendor that the City will contract with for purchases and services of any kind. In order to comply with this State Requirement the City is requesting that your company as a potential contracted vendor with the City of Deer Park complete this form and submit it with your bid documents.

This form will be considered part of the bid package. Failure to complete and submit this form with your bid could delay the award of your bid should you meet all other requirements. (If there is no conflict, mark lines with n/a and sign the bottom of the page)

ATTACHMENT E

ATTACHMENT F

AFFIDAVIT FOR INSURANCE REQUIREMENTS

Section 1 - To be completed by Insurance Agent / Broker and Proposer:

I, the undersigned Agent/Broker, reviewed the insurance requirements. If the Proposer listed below is awarded a contract by the City of Deer Park for this Request for Proposal, I will furnish the City, within fifteen calendar days of notification of award, an insurance certificate and Declaration Page with Endorsements to show that all insurance requirements have been met, including naming the City of Deer Park as additional insured.

Agents Name:

Agency Name:

Business Address:

City / State / Zip:

Phone: Email Address:

Proposer’s Name / Company:

Name of Request for Proposal: RFQ 4071-26 City of Deer Park Mowing Services

Insurance Agent / Broker Signature: Date:

Section 2 – To be signed by the Proposer:

If the above fifteen-day requirement is not met, the City of Deer Park has the right to reject this proposal and award the contract to the next lowest Proposer meeting specifications or to the next most favorable proposal. Questions concerning these requirements, and requests for exceptions, must be submitted by date included in Proposers’ Instructions.

By submitting a proposal and signing below I affirm the following: I am aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements and policy endorsement within fifteen calendar days of notification of award. I further agree to the indemnification statement listed in the insurance requirements.

Proposer’s Printed Name:

Proposer’s Signature: Date:

ATTACHMENT G

INDEMNIFICATIONS BY CONTRACTOR

The contractor agrees to defend, indemnify, and hold harmless the City of Deer Park, its officers, agents, employees, appointees and volunteers against any and all claims, lawsuits, judgments, costs and expenses for personal injury (including death), property damage or other harm for which recovery of damages is sought, suffered by any person or persons, that may arise out of or be occasioned by contractor’s breach of any of the terms or provisions of this contract, or by any negligent or strictly liable act or omission of contractor, its officers, agents, employees, or subcontractors, in the performance of this contract; except that the indemnity provided for in this paragraph shall not apply to any liability resulting from the sole negligence or fault of the City, its officers, agents or employees, and in the event of joint and concurrent negligence or fault of contractor and City, responsibility and indemnity, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas, without waiving any governmental immunity available to the City under Texas law and without waiving any defenses of the parties under Texas law. The provisions of this paragraph are solely for the benefit of the parties hereto and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity.

Contractor further agrees to defend, at its own expense, and on behalf of City and in the name of City, any claim or litigation brought in connection with any such injury, death, or damage.

The liability that is assumed by Contractor under the terms of this paragraph shall not exceed the sum of the required amount of liability coverage to be carried by the Contractor under this contract.

Contractor (Company Name):

Signature:

Printed Name:

Printed Title:

ATTACHMENT H

CONTRACTOR’S CERTIFICATION OF WORKER’S COMPENSATION

I ________________________, an authorized representative of _______________________________ do (Agent Name) (Insurance Agency) certify that the Worker’s Compensation policy, of the insured ___________________________________ (Contractor) on the “Standard Certificate of Insurance for the City of Deer Park” meets all current Texas State laws and requirements.

Known to me to be the person whose name is subscribed to the forgoing instrument and acknowledged to me that he/she executed the same for the purpose of certifying that the insured is covered by Worker’s Compensation in accordance with current Texas State laws.

(Printed Name of Notary)

(Signature of Notary)

My commission expires on:

(SEAL)

ATTACHMENT I

BONDING REQUIREMENTS

No Bonding Requirements for this Request for Proposal

ATTACHMENT J

STANDARD CONTRACT ACKNOWLEDGMENT

STATE OF TEXAS

COUNTY OF HARRIS

CITY OF DEER PARK

I.

Conditioned upon Proposer being awarded by the Deer Park City Council, or award being made administratively, the solicited items set out in this Request for Proposal and upon order of the City of Deer Park, Texas, a municipal corporation located in Harris County, Texas and incorporated as a home rule city under the Constitution of the State of Texas ("City"), Proposer does hereby agree to furnish and/or deliver to City in accordance with the terms of Proposer's submitted Proposal and the Specifications in above referenced Request for Proposal, the services listed as awarded to Proposer in the Deer Park City Council resolution awarding such services, or listed in the Administrative Award. Execution of said Resolution or Administrative Award shall evidence City’s acceptance of this contract.

II.

City agrees to pay Proposer for services at the unit price listed upon the Proposal Page and Specifications or at the negotiated rate determined by the Proposer’s proposal and any subsequent modifications agreed to by both Proposer and the City, with payment being subject to any discount terms stated or agreed upon, and subject to any payment terms contained elsewhere within the solicitation documents, this contract and its attachments. Any purchase of services so that the cumulative total of payments under this contract exceeds the amount authorized in the City Council Resolution awarding proposal to Proposer may require additional authorization.

III.

It is understood that the following documents, to wit: the Notice to Proposers, the Standard Terms and Conditions, the General Instructions to Proposers, the Special Instructions to Proposers, the Specifications, the Proposal Page or Proposal, and the Summary Response Page are hereby made a part and parcel of this contract and incorporated herein for all purposes.

IV.

The date of any payment, whether net or gross, shall be determined by calculating the number of days after receipt of invoices from Proposer, or after reasonable verification as to the requirements specified, whichever is later.

V.

Venue of any court action brought directly or indirectly by reason of this contract shall be in Harris County, Texas. This contract is made and is to be performed in Harris County, Texas.

VI.

If Proposer fails in any manner to fully perform each and all of the terms, conditions and covenants of this contract, he shall be in default and notice of default shall be given to Proposer by the Purchasing Agent of the City.