RFP 26-049 Supply and Delivery of Swimming Pool Chemicals Solicitation.pdf

REQUEST FOR PROPOSAL (RFP)

RFP # 26-049

Supply and Delivery of Swimming Pool Chemicals The City of League City is now accepting sealed proposals for Supply and Delivery of Swimming Pool Chemicals. Sealed proposals must be received by 11:00 a.m., CST, Monday, October 19th, 2026. The clock located at the front desk in City Hall will be the official time. Proposals received after this deadline will not be opened and will be considered void and unacceptable.

Immediately following the due date and time proposals will be publicly opened, in a manner that does not reveal their contents, at Johnnie Arolfo Civic Center, 400 West Walker Street League City, TX 77573. The contents of all proposals will remain confidential until after a contract has been awarded by City Council.

The question deadline for this bid is September 30th at 5:30 p.m.

The addendum deadline is October 7th at 5:30 p.m.

The RFP packet may be obtained from the City’s website at:

https://www.leaguecitytx.gov/bids.aspx

All inquiries about this RFP must be submitted in writing to the Purchasing Department via email: purchasing@leaguecitytx.gov.

First Publication: September 17th. 2026 Second Publication: September 24th, 2026 https://www.leaguecitytx.gov/bids.aspx mailto:purchasing@leaguecitytx.gov

RFP 26-049

SUPPLY AND DELIVERY OF SWIMMING POOL CHEMICALS

RFP Contents

I. Introduction II. Instructions to Proposers

III. Scope of Work IV. Proposal and Evaluation Format V. Procedure and Conditions

VI. Sample Agreement

Attachments

• Attachment A – Cover Sheet, Forms, & Cost Sheet

• Attachment B – Electronic Submission Instructions

City of League City Request for Proposals #26-049

Supply and Delivery of Swimming Pool Chemicals

I. Introduction The City of League City is soliciting proposals from interested and qualified proposers to supply and deliver swimming pool chemicals. It is the City’s intention to make a single award to satisfy all services listed in the Scope of Work but the City does reserve the right to make multiple awards to satisfy all services outlined in this RFP. The City intends to enter a one-year agreement with the option for two one-year renewals, or any combination thereof not to exceed 3 total years. Renewals shall have no more than a 3% price escalation per renewal, provided that the vendor supplies appropriate documentation justifying the price escalation.

A. Clarification and Interpretation of RFP

1. The words “must” or “will” or “shall” in this RFP indicate mandatory requirements.

Taking exception to any mandatory requirement will be grounds for rejection of the proposal.

2. The City desires to avoid any misunderstanding where it is assumed that a feature is included in the proposal and turns out to be an optional, extra cost feature. As such, any question answered with an indication of compliance will be considered included at no additional cost. Any service that is referred to in the body of this response (does not pertain to attachments and brochures) will be considered included in the basic offer.

B. Purpose

The purpose of this RFP is to provide minimum requirements, solicit proposals, and gain adequate information from which the City may evaluate the proposer’s products and services as they compare to the other providers and as they pertain to the needs of the organization.

C. Confidential or Proprietary Information Throughout the process of evaluating proposals and negotiating a contract, all information contained in proposals shall be kept confidential. Upon Council award of contract or rejection of all proposals, contracting information, as defined by Texas Government Code 552 and in this document, shall be open for public inspection. This includes successful and unsuccessful proposals. Exceptions may be made if releasing the information would harm City interests by providing an advantage to a competitor or bidder in a future competitive situation, or if information requested contains trade secrets, or proprietary information.

Any information that the potential vendor or Proposer believes may be considered proprietary, confidential or a trade secret should be stamped with the term CONFIDENTIAL on that part of the proposal. All proposals and parts of proposals which are not marked as confidential will be automatically considered public information after the contract is awarded. If the vendor, contractor, potential vendor, or potential Proposer wishes to claim that information is proprietary, they must demonstrate based on specific factual evidence that disclosing the information would reveal an individual approach to work, organizational structure, staffing, internal operations, processes, or discounts, pricing methodology, cost data or other pricing information that will be used in future solicitation or bid documents; or give advantage to a competitor.

In the event that information contained in those sections marked confidential are included in an Open Records Request, the City will decline to release the information for the purpose of requesting an attorney general decision. The City will make a good faith effort to contact the vendor, so they may submit in writing to the attorney general the reasons why the information should be withheld or released. If the vendor cannot be contacted, the information may be released without further review. The process to be followed upon receipt of the request for information that potentially contains trade secrets, or proprietary or confidential information will be as follows:

1. City will make a good faith effort to notify the vendor in writing that the information has been requested within a reasonable time, but no more than ten

(10) business days after receiving the request. This will include a copy of the written request for information, and a statement that the vendor is entitled to submit to the attorney general with ten (10) business days the reason(s) with the information should be withheld and a letter, memorandum, or brief in support of that reason.

2. The vendor who submits a letter, memorandum, or brief to the attorney general shall send a copy to the person who requested the information from the governmental body. If the letter, memorandum or brief contacts the substance of the information requested, the copy sent may be a redacted copy.

3. The attorney general shall promptly render a decision when requested, consistent with the standards of due process, determining whether the requested information requested contains trade secrets, or confidential or propriety information as defined in Texas Government code 552. The decision shall be rendered no later than the 45th business day after the date the attorney general received the request for a decision.

Contracting Information – information in a voucher or contract relating to the receipt of expenditure of public funds; solicitations or bid documents; communications sent between the City and a vendor, contractor, potential vendor or potential Proposer during solicitation, evaluation, or negotiation of a contract; documents, including bid tabulations, showing the criteria by which a government body evaluates each vendor;

and communications and other information sent between City and a vendor or Proposer related to the performance of a final contract with City or work performed on behalf of City.

Trade Secrets – all forms and types if information including business, scientific, technical, economic, or engineering information and any formula, design, prototype, pattern, plan, compilation, program device, program, code, device, method, technique process, procedure, financial date, or list of actual or potential customers or suppliers, whether tangible or intangible and whether or however stored, compiled, or memorialized physically, electronically, graphically, photographically, or in writing if the owner of the trade secret has taken reasonable measures under the circumstances to the information secret and the information derives independent economic value, actual or potential, from not being generally known to and not being readily ascertainable through proper means by, another person who can obtain economic value from the disclosure of the information.

D. Background Information League City is a home-rule, incorporated city with an estimated population of 123,910 for all city related business in calendar year 2025. The city encompasses approximately 52 square miles and is in the Houston metropolitan area. The city lies in northern Galveston County and southeast Harris County. League City is located approximately 26 miles southeast of downtown Houston and within 50 miles of Bush Intercontinental Airport. League City is experiencing rapid growth, adding approximately 3,000 residents a year. League City residents enjoy excellent schools, great parks, excellent public safety, recreational facilities, access to entertainment, an award-winning library, and a unique heritage. The City is governed by a Council/Manager form of government and municipal services are provided by 584 full-time equivalents. The City Council is an elected body consisting of the Mayor and seven Council Members. The City Manager, John Baumgartner, is responsible for all functions of city government. The organization is divided into functional departments and divisions reporting to the City Manager, and two (2) Assistant City Managers. The City is a CDBG entitlement community that receives federal funding from the Department of Housing and Urban Development.

II. Instructions to Proposers

A. General This section outlines specific instructions for proposal submissions. Proposers not adhering to these instructions may be disqualified without further consideration. The City shall have the right to cancel any or all item(s) without obligation if delivery is not made on or before the time specified.

1. At the public opening, there will be no disclosure of contents to competing firms, and all proposals will be kept confidential during the negotiation process. Except for trade secrets and confidential information which the firm identifies as proprietary, all proposals will be open for public inspection after the contract award. All proposals become the property of the City of League City.

Proposers can attend in person at the address below:

Johnnie Arolfo Civic Center 400 West Walker Street

League City, TX 77573

Receipt of Proposals and Opening Sign-In Sheet will be uploaded to the City Website within 48 hours after proposal opening.

2. The City of League City requires comprehensive responses to every section within this RFP. Conciseness and clarity of content are emphasized and encouraged.

Vague and general proposals will be considered non-responsive and will result in disqualifications. To facilitate the review of the responses, Firms shall follow the described proposal format. The intent of the proposal format requirements is to expedite review and evaluation. It is not the intent to constrain Vendors with regard to content, but to assure that the specific requirements set forth in this RFP are addressed in a uniform manner amenable to review and evaluation.

Failure to arrange the proposal as requested may result in the disqualification of the proposal. It is requested that proposals be limited to no more than 25 pages, excluding cover page, resumes, sample documents and attachment A forms.

Proposals shall have 1” margins and be single-sided, single spaced, using Times New Roman 12-point font. All pages of the proposal must be numbered, and the proposal must contain an organized, paginated table of contents corresponding to the sections and pages of the proposal. Preferred binding is paper clip, binder clip or three-ring binder.

B. Proposal Submission The City will receive proposals electronically through Public Purchase or as hard copies delivered to the Purchasing Department.

1. Public Purchase – Electronic Submission

Proposals can be received electronically through www.publicpurchase.com.

Instructions for Public Purchase can be found on Attachment B. Please be advised it can take up to 24 hours for an account to become active with Public Purchase. If you need any assistance with the process, you can contact Public Purchase at support@publicpurchase.com .

2. Delivery or Mail – Hard Copies Hard copy proposals can be submitted with one (1) copy marked “original” and one (1) copy marked “copy”, properly labeled and clearly marked with the RFP number and description. Hard copies should be delivered to:

City of League City Purchasing Department

City Hall 300 West Walker

League City, TX 77573 Monday – Thursday 7:30 am to 5:30 pm

Friday: 7:30 am to 12:00 pm

Proposals sent via courier must be sealed in a separate envelope inside of the mailer.

Mark envelope/package: RFP 26-049 Supply and Delivery of Swimming Pool

Chemicals

C. Proposal Timeline The Proposer selection process will follow the timeline shown below. Estimated key milestone dates for the completion of the project are also included:

Request for Proposals Issued: September 17th, 2026 Deadline for Submitting Questions: September 30th, 2026 Deadline for Q&A Addendum: October 7th, 2026 Proposal Submission Deadline: October 19th, 2026 Anticipated Contract Start Date: TBD

III. Scope of Work

The City of League City is seeking qualified proposers to supply and deliver swimming pool chemicals in accordance with the requirements of this Request for Proposal (RFP). The quantities stated in this RFP are estimated quantities based on http://www.publicpurchase.com/ mailto:support@publicpurchase.com historical usage and are provided to acquaint Proposers with the probable quantities that may be required during the contract term. The estimated quantities are not intended to establish minimum or maximum purchase quantities and shall not be construed as a guarantee of any minimum or maximum quantity of chemicals to be purchased by the City.

The City requires two types of pool chemicals for regularly scheduled delivery: Liquid Hypochlorite (Chlorine) and Sulfuric Acid 35%, non-fuming acid.

The City requires the following dry chemicals delivered on an as needed basis:

Sodium Bicarbonate, Cyanuric Acid, Calcium Chloride, Sodium Thiosulfate and Calcium Hypochlorite (Cal-Hypo), unstabilized Chlorine Tablets.

Chemicals shall be delivered to the following City swimming pool locations:

• Hometown Heroes Park Pool located at 2105 Dickinson Avenue, League City, TX 77573

• Walker Street Pool located at 450 West Walker Street, League City, TX 77573

B. Quantity The quantities listed below are estimated annual quantities for the initial one-year contract term. The same quantities may be used for estimating purposes for each optional renewal term; however, the City does not guarantee that these quantities will be purchased during any contract year.

Item Description Estimated Quantity for 1 year Liquid Hypochlorite 16,700 gallons

Sulfuric Acid 35% 1,700 gallons Sodium Bicarbonate 6,700 lbs.

Cyanuric Acid 1,000 lbs.

Calcium Chloride 500 lbs.

Sodium Thiosulfate 500 lbs.

Cal-Hypo, Unstabilized

Chlorine Tablets 5,000 lbs.

C. ORDER AND DELIVERY REQUIREMENTS

• Delivery is an essential requirement of this contract. If, during the contract term, the Proposer fails to fulfill delivery requirements, the City reserves the right to terminate the contract and obtain the required chemicals from an alternate source.

• Routine deliveries shall be made Monday through Thursday between 7:30 a.m.

and 5:30 p.m. and Friday between 7:30 a.m. and 12:00 p.m., during normal City business hours, unless otherwise authorized by the City. The proposer shall establish a consistent routine delivery schedule with the City for each pool location. The Proposer shall coordinate with the City’s designated representative to establish quantities, anticipated delivery day and/or delivery frequency for each location. The Proposer shall maintain the established delivery schedule unless a schedule change is requested by the City or circumstances outside the Proper’s reasonable control require a change.

• The proposer shall notify the City’s designated representative in advance of each scheduled delivery. The notification shall include the anticipated delivery date and approximate delivery time. The Proposer shall notify the City’s designated representative at least one (1) business day prior to each scheduled routine delivery. If circumstances prevent one (1) business day notice, the Proposer shall notify the City as soon as reasonably practicable.

• Upon contract award, the Proposer shall designate a primary point of contact responsible for coordinating deliveries, addressing service issues, responding to City inquiries, and communicating delivery delays or schedule changes. The Proposer shall provide the name, telephone number, and email address of the primary contact to the City prior to the commencement of services. The Proposer shall notify the City promptly of any change in the designated primary point of contact and shall provide updated contact information.

• The Proposer shall promptly notify the City’s designated representative of any circumstances that may affect the timely delivery of chemicals, including delivery delays, shortages, product availability issues, equipment problems, or other conditions that may affect the Proposer’s ability to fulfill the requirements of this RFP.

1. Liquid Hypochlorite

• The Proposer shall make a minimum of one delivery to each pool location every two weeks from October through March and a minimum of one delivery to each pool location once per week from April through September. Deliveries shall be made in accordance with the established delivery schedule and the City’s actual chemical requirements, as needed.

• Liquid Hypochlorite shall be delivered into the City’s 500-gallon containers. The City has three (3) containers in total: one (1) container is at Walker Street Pool and two (2) containers at Hometown Heroes Park Pool.

• The Proposer shall use appropriate equipment and procedures to safely transfer Liquid Hypochlorite into the City’s storage containers.

2. Sulfuric Acid 35%

• During each scheduled Liquid Hypochlorite delivery, the Proposer shall inspect and take an inventory of the Sulfuric Acid 35% containers at each delivery location. The City generally maintains three (3) containers at Walker Street Pool, located at 450 West Walker Street, League City, TX 77573, and five (5) containers at Hometown Heroes Park Pool, located at 2105 Dickinson Avenue, League City, TX 77573.

• Sulfuric Acid 35% shall be delivered in fifteen-gallon (15-gallon) or twenty-five-gallon (25-gallon) containers, as required by the City, and placed directly in the designated pump room.

• The Proposer shall remove empty containers and replace them with full containers at each delivery location.

• The Proposer shall ensure that all containers delivered to the City are properly labeled, sealed, and suitable for the chemical being supplied.

3. Dry Chemicals

• Sodium Bicarbonate, Cyanuric Acid, Calcium Chloride, Cal-Hypo, unstabilized Chlorine Tablets, and Sodium Thiosulfate shall be ordered by the City on an as-needed basis.

• The Proposer shall deliver dry chemicals within three (3) business days of the date the order is placed and delivered directly to the designated pump room at the applicable pool location.

• The proposer shall safely place the delivered chemicals in the area designated by City personnel and shall not leave chemicals in an unauthorized location.

D. INVENTORY AND DELIVERY TRACKING

• The Proposer shall maintain records of chemical deliveries made under the contract, including the date of delivery, delivery location, chemical/product, and quantity delivered.

• The Proposer shall provide the City with delivery documentation sufficient to track quantities received by each pool location and reconcile such quantities with invoices.

• Upon request by the City, the Proposer shall provide a current summary of quantities delivered during the contract term by chemical and delivery location.

• The Proposer shall maintain cumulative records of quantities delivered under the contract by chemical and delivery location. Upon request by the City, the Proposer shall provide a current report showing the cumulative quantity delivered for each chemical compared to the estimated annual quantity identified in this RFP.

E. ACCEPTANCE OF MATERIAL

• Products that do not comply with the specifications or the City’s quality requirements may be rejected and returned to the Proposer. The Proposer shall replace rejected products with compliant products at no additional cost to the City.

• Payment shall not be made for materials that are rejected because they do not comply with the requirements of this RFP.

• The Proposer shall replace empty, defective, damaged, or leaking chemical containers at no additional cost to the City when such condition is attributable to the Proposer, its products, or its delivery operations.

F. INVOICING AND PAYMENT DOCUMENTATION

• The Proposer shall submit invoices in accordance with the City’s applicable invoicing and payment requirements.

• Each invoice shall clearly identify, at a minimum:

a. Date of delivery

b. Delivery location

c. Chemical/product delivered

d. Quantity delivered and applicable unit of measure

e. Unit price

f. Extended price

g. Any other information reasonably required by the City to verify delivery and charges

• Invoices shall contain sufficient detail to allow the City to reconcile the quantities invoiced with the quantities actually delivered.

G. VEHICLE AND EQUIPMENT REQUIREMENTS

• Transportation, handling, loading, unloading, and delivery of chemicals shall comply with all applicable federal, state, and local laws, regulations, and safety requirements. Upon request by the City, the Proposer shall provide documentation demonstrating compliance.

• Delivery vehicles and equipment shall be properly maintained and capable of safely loading, transporting, unloading and dispensing the chemicals specified in this RFP.

• Any delivery truck supplying Liquid Hypochlorite to the City’s 500-gallon containers shall be equipped with a hose of a minimum of two hundred (200) feet.

• Delivery equipment used to dispense Liquid Hypochlorite and/or other chemicals shall have a metered method of measuring and documenting the actual quantity dispensed.

• All Proposer vehicles operating on City property shall prominently display the Proposer’s company name and telephone number.

• The Proposer shall provide and maintain all equipment necessary to safely perform deliveries under the contract unless otherwise specified by the City.

H. SPILL AND LEAK PROCEDURES

• The Proposer shall be responsible for any spills, leaks, releases, or other incidents resulting from the Proposer’s delivery activities, personnel, vehicles, equipment, or products.

• All spills, leaks, or releases occurring during delivery or while the Proposer is on City property shall be reported immediately to the designated City representative.

• The Proposer shall immediately take appropriate measures to contain, control, and clean up any spill or release for which the Proposer is responsible and shall comply with all applicable federal, state, and local requirements concerning the handling and cleanup of chemical spills.

• If the Proposer has not begun appropriate cleanup and remediation within thirty (30) minutes, the City reserves the right to engage a qualified hazardous-material cleanup contractor or other appropriate service provider. The City may charge the Proposer for the reasonable costs incurred as a result of the Proposer’s failure to respond.

• If the spill or release is determined to have resulted from the City-owned equipment or infrastructure, such as a faulty pipe, valve, or level-indication device, and not from the Proposer’s actions, equipment, or products, the Proposer shall not be responsible for cleanup costs attributable to the City’s equipment or infrastructure.

• The Proposer shall provide the City with documentation of any required regulatory reporting or cleanup activities associated with a spill or release for which the Proposer is responsible.

I. DAMAGE TO PUBLIC PROPERTY

• The Proposer shall exercise extreme care to safeguard all existing City facilities, structures, site amenities, irrigation systems, vehicles, equipment, landscaping, and other public or private property on or around the delivery site.

• The Proposer shall be responsible for damage to public or private property caused by the Proposer, its employees, agents, subcontractors, vehicles, or equipment during delivery or performance of the contract.

• Any property damaged by the Proposer shall be repaired or replaced to the City’s satisfaction at no additional cost to the City.

J. EMERGENCY ORDERS AND DISASTER PLAN

• The Proposer shall maintain a written disaster and business continuity plan designed to minimize disruption to the City’s chemical supply and delivery requirements.

• Upon request by the City, the Proposer shall provide a copy of its current disaster and business continuity plan.

• A chemical order placed by the City outside of the Proposer’s normal delivery schedule or requiring delivery outside of normal delivery hours shall be considered an emergency order when designated as such by the City.

• Emergency orders may be placed by telephone or other method designated by the City.

• The Proposer shall provide emergency deliveries within twenty-four (24) hours after the emergency order Is placed, regardless of the day of the week.

• The Proposer shall maintain sufficient resources, equipment, personnel, and supplier relationships to reasonably support the emergency delivery requirements of this contract.

K. PRICING

• Prices submitted shall be all-inclusive and shall include all costs necessary to provide the chemicals and perform all delivery and service requirements specified in this RFP.

• Unless specifically identified and accepted by the City as a separate charge, the proposed unit prices shall include, but shall not be limited to, product costs, delivery, transportation, fuel, labor, equipment, loading and unloading, dispensing, containers, and all other costs necessary to fulfill the requirements of this RFP.

• If the Proposer intends to charge any additional fee, surcharge, or other cost not included in the proposed unit prices, the Proposer shall clearly identify the charge and its amount or calculation method in its proposal. Any charge not specifically identified in the proposal may be deemed included in the proposed pricing and shall not be payable by the City.

IV. Proposal and Evaluation Format

Proposer’s submission package shall consist of the following:

1. Completed Proposal Cover Sheet (see Attachment A)

2. Tab A – Qualifications and Experience

3. Tab B – Project Methodology

4. Tab C – Project Implementation

5. Tab D – Pricing and Fees (Utilize Cost Sheet in Attachment A)

6. Tab E – Forms (see Attachment A)

• Public Information Act

• Conflict of Interest Questionnaire

• HB 89 Verification Form

• Optional: Brochures and/or Pictures

A. Proposal Format

By submission of a response to this RFP, proposer acknowledges full compliance with required specifications and all terms and conditions as detailed in the RFP.

1. TAB A – Qualifications and Experience

a) Provide a brief description and history of the company, including the number of years the Proposer has been providing swimming pool chemicals and related delivery services.

b) Describe the Proposer’s experience providing swimming pool chemicals and delivery services to municipalities, governmental entities, aquatic facilities, school districts, or other organizations of comparable size and scope to the City of League City.

c) Provide a list of current and/or recent customer contracts in Texas for which the Proposer provides swimming pool chemicals and related delivery services.

Include the customer name, location, contract term, services provided, and approximate annual contract value, if available.

d) Proposer to provide at least five (5) references for agencies or organizations for which the Proposer has provided similar swimming pool chemical supply and delivery services. Include the agency/organization name, contact name, telephone number, email address, services provided, and date/length of the contract.

2. TAB B – Project Methodology

a) Describe in detail, how the Proposer will provide the required chemicals and delivery services without disruption to the City’s ongoing swimming pool operations.

b) Describe the Proposer’s proposed routine delivery methodology, including how delivery schedules will be established and maintained for Hometown Heroes Park Pool and Walker Street Pool.

c) Describe the Proposer’s customer service approach, including the primary point of contact, communication procedures, response times, complaint resolution, and procedures for addressing delivery issues or customer concerns.

d) Describe the Proposer’s procedures to notify the City of anticipated deliveries, delivery delays, product shortages, product availability issues, equipment problems, or other circumstances that may affect service.

3. TAB C – Project Implementation

a) Describe in detail the Proposer’s approach for coordinating with City personnel and becoming familiar with each pool location, including delivery access, storage containers, pump rooms, designated delivery areas, and other site-specific requirements.

b) Provide the proposed implementation schedule for establishing routine chemical delivery schedules for each City pool location.

c) Describe the Proposer’s plan to ensure that all required vehicles, equipment personnel, and chemical supplies are available and ready to begin services upon contract commencement.

d) Describe the Proposer’s emergency delivery plan, including the ability to fulfill emergency orders within twenty-four (24) hours, regardless of the day of the week

4. TAB D - Pricing and Fees

a) All rates and fees must be listed on the proposal cost sheet. The city will not be responsible for paying any fees, charges, surcharges, or other costs not specifically identified in the proposal. Proposed prices shall remain firm for the original contract term unless otherwise permitted by the RFP and resulting agreement.

b) Describe a unit price for each chemical identified on the proposal cost sheet and describe how and when each price applies.

c) Describe whether proposed unit prices include all costs associated with delivery and service, including transportation, fuel, labor, equipment, loading, unloading, dispensing, containers, and other costs necessary to fulfill the requirements of the RFP.

d) Identify and list all special services and any charges pertaining to such services.

5. TAB E – Forms (Attachment A)

a) Completed City of League City Texas Public Information Act

b) If required, provide a completed copy of the Conflict-of-Interest Questionnaire

(Form CIQ).

c) Completed HB 89 Verification Form

d) Optional: Brochures and/or Pictures

B. Proposal Evaluation Process

All proposals will be screened by an evaluation committee. The evaluation committee shall screen and rate all the responses that are submitted. Evaluation ratings will be on a 100-point scale and those proposers selected for a short list may be invited to attend an interview, at the proposer’s own expense. Any invitation for an oral presentation will be solely for the purpose of clarifying proposals received from each qualifying proposer and will not represent any decision on the part of the evaluation committee as to the selection of a successful proposer.

The City’s process is as follows:

1. City staff shall recommend an evaluation committee which will be used to evaluate all proposals. During the evaluation process, Proposers may be asked for additional information or clarification of proposal as needed. The City will evaluate all proposals based on the following criteria:

Criteria Points Qualifications and Experience 20

Project Methodology 15 Project Implementation 15 Pricing and Fees 50

2. Pricing and fees will be evaluated based on the total cost. The formula used will be:

overall lowest submitted price/submitted price * 50.

3. Once proposals are scored, the evaluation team will select finalist and decide whether interviews should be conducted. Should interviews be conducted, each evaluation team member will award each finalist up to 30 points for their oral presentation and can amend proposal scores based on the interview.

4. Proposal and interview scores will be combined, and the highest overall proposal identified. City will then begin contract negotiations with that Proposer.

5. Should negotiations be unsuccessful, the City shall enter negotiations with the next, highest ranked vendor. The process shall continue until an agreement is reached with a qualified vendor.

6. This RFP does not commit the City to pay for any direct and/or indirect costs incurred in the preparation and presentation of a response. All finalist(s) shall pay their own costs incurred in preparing for, traveling to and attending interviews.

7. The City reserves the right to negotiate the final fee prior to recommending any

Vendor for a contract.

The City reserves the right to use all pertinent information (also learned from sources other than disclosed in the RFP process) that might affect the City’s judgement as the appropriateness of an award to the best evaluated proposer. The information maybe appended to proposal evaluation process results.

V. Procedure and Conditions

This will be a contract, upon the mutual agreement of the parties. The terms, conditions, and/or requirements for the contract are to be evidenced in this RFP and incorporated into the City's standard agreement. A copy of the City’s standard agreement, including its terms, is included in this RFP. The City, acting through the City Manager or their designee, reserves the right to deviate from the terms, conditions, or requirements of this RFP when, in their sole discretion, such deviation is deemed to be in the best interest of the City. Proposers acknowledge and accept that the City’s authority includes discretion to determine the applicability of any deviations on a case-by-case basis and that such decisions are final and non-appealable. By submitting a proposal, proposers agree to the terms of this reservation of rights and waive any claim against the City, its officials, or employees for the exercise of such discretion.

PROCEDURE :

MULTIPLE CONTRACTORS: The City reserves the right to make a single award or multiple awards, whichever is in the best interest of the City.

DOCUMENTATION: Proposers shall provide with this response all documentation required by this Request For Proposal (RFP). Failure to provide this information may result in rejection of proposal.

QUANTITIES: The quantities indicated are estimated based upon the best available information. The City reserves the right to increase or decrease the quantities by any amount deemed necessary to meet its needs without any adjustments in the bid price.

TAX EXEMPTION: The City is not liable to proposers for any federal, state, or local taxes for which the City is not liable by law, including state and local sales and use taxes (Section

151.309 and Title 3, Texas Tax Code) and federal excise tax (Subtitle D of the Internal Revenue Code). Accordingly, those taxes may not be added to any item. The City’s Tax Exemption Certificate will be furnished by the City on request of the proposer.

DISCUSSIONS: Formal or informal communication involving an oral or written exchange of information for the primary purpose of obtaining information essential for determining the acceptability of a proposal may occur. Any discussions of this nature are only intended to clarify the City’s understanding of submissions.

EVALUATION PROCESS: It is the City’s intent to enter into a contract with the proposer that offers the “best value” for the desired project. After receipt of the proposals, City of League City will evaluate the proposals based upon the evaluation criteria set forth in the RFP. The City has, at its sole discretion, the ability to negotiate with the proposer determined to be the highest ranked after completion of the evaluations.

The City may elect to conduct discussions with the proposers deemed to be in the competitive range for award. If discussions are held, proposers identified in the competitive range will be given equal opportunity to discuss and submit revisions to their proposals.

Revisions of proposals are accomplished by formally requesting Best and Final Offers (BAFOs) at the conclusion of discussions with a deadline set for receipt of BAFOs and including instructions as to exactly what should be submitted in response to the BAFO.

After consideration of all BAFO responses, the City will select the top ranked proposer and the parties will enter into contract negotiations. In the event the City and the top ranked proposer’s contract negotiations fail and the parties are unable to come to mutually agreed terms, the City reserves the right to move on to the next top ranked proposer and enter into contract negotiations with said next top ranked proposer.

COSTS TO SUBMIT: The City of League City will not be liable for any costs incurred by any proposer in preparation of a submittal in response to this request, in conduct of a presentation, or any other activities related to the response of this RFP.

INSURANCE REQUIREMENTS: Proposer shall maintain, at his sole cost, at all times while performing work hereunder, the insurance and bond coverage set forth in the contract with companies satisfactory to the City with full policy limits applying, but not less than stated. A certificate evidencing the required insurance and specifically citing the indemnification provision set forth in the contract shall be delivered to the City within fifteen (15) days that Notice to Proceed has been accepted by Contractor.

ADDENDA: Any interpretations, corrections or changes to this RFP and specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of League City Purchasing Office. Any changes to specifications will be made in writing and posted on the City’s website at: (Insert Website) . Proposers shall acknowledge receipt of all addenda on the Bidder Certification/Addenda Acknowledgement form found within this document.

LATE PROPOSALS: Proposals received by the City after the submission deadline will be considered void and unacceptable. City of League City is not responsible for lateness or non-delivery of mail, carrier, etc. The date/time stamp at the Purchasing Department’s desk at City Hall, 300 West Walker Street, League City, Texas, 77573 shall be the official time of receipt.

ALTERING PROPOSALS: Proposals cannot be altered or amended after submission deadline.

Any alterations or erasures made before opening time and must be initialed by the signer of the proposer, guaranteeing authenticity.

AWARD: The City has the right to award a contract upon the conditions, terms and specifications contained in a proposal submitted to the City for a period of up to ninety (90) days following the date specified for the opening of proposals.

Because the City is a governmental entity that must follow State and Federal laws and has an obligation to protect its taxpayers, the City requires that certain terms be included in the contract that result from this solicitation. Your response to this solicitation is an offer to contract with the City based on the terms, conditions, and specifications contained in this solicitation. If any of the mandatory contract terms are unacceptable to you, please do not respond to this solicitation.

PAYMENT PROVISIONS: The City’s payments under the contract, including the time of payment and the payment of interest on overdue amounts, are subject to Chapter 2251, Texas Government Code.

CONTRACTUAL LIMITATIONS PERIOD: Any provision of the contract that establishes a limitations period that does not run against the City by law or that is shorter than two (2) years is void. (Sections 16.061 and 16.070, Texas Civil Practice and Remedies Code).

CONFLICT OF INTEREST: No public official shall have interest in this contract accept in accordance with Vernon’s Texas Codes Annotated, Local Government Code Title 5, Subtitle C, Chapter 171.

ETHICS: The proposer shall not offer or accept gifts or anything of value or enter into any business arrangement with any employee, official or agent of City of League City. More than one proposal on any one contract from a proposer or individual under different names shall be grounds for rejection of all proposals in which the proposer or individual has an interest.

One or all proposals will be rejected if there is any reason to believe that collusion exists between proposers. Proposers must make every effort to comply Chapter 176 of the Texas Local Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of League City, including affiliations and business and financial relationships such persons may have with City of League City officers. By doing business or seeking to do business with the City of League City, including submitting a response to this RFP, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and you are representing that you are in compliance with them.

Conflict of Interest Questionnaire found within this document must be completed and turned in with each proposal.

PURCHASE ORDER: City of League City may generate a purchase order to the successful proposer. The purchase order number must appear on all invoices, packing lists and all related correspondence. City of League City will not be responsible for any orders placed and/or delivered without a valid purchase order number.

DELIVERY: Any delivery and freight charges (FOB City of League City designated location) are to be included in the proposal price.

INVOICES: Invoices must be itemized, and purchase order number must be referenced on original invoice. Any invoice, which cannot be verified by the contract price and/or is otherwise incorrect, will be returned to the proposer for correction. Invoices submitted for payment shall be e-mailed to: City of League City, Accounts Payable at, (Insert Email Address). Invoices can be mailed to Attn: Accounts Payable, to the address: 300 W. Walker St., League City, TX 77573. Periodic payments will be made within thirty (30) days of invoice date or satisfactory delivery of the product or service, whichever is later, provided that all other requirements as detailed in the contract have been fulfilled.

INTERLOCAL AGREEMENT: Chapter 791, Texas Government Code and Chapter 271, Subchapter F, Texas Local Government Code, authorizes cities to enter into Interlocal purchasing agreements to take advantage of potential cost savings resulting from cooperative purchasing efforts. Successful proposer(s) agree(s) to extend prices and terms to all entities, who have entered into or will enter into joint Purchasing Interlocal Cooperation Agreements with the City of League City.

CONTINGENCIES: Before submitting their bid, Proposers should make a careful examination of the scope of work and of the difficulties involved in its proper execution. Proposers should include in their proposal all costs they deem proper and sufficient to cover all contingencies essential to the completion of the compensation and classification study, notwithstanding that every item or contingency is not specifically mentioned herein.

CERTIFICATE OF INTERESTED PARTIES: Applies to all contracts that must be approved by the City Council. In accordance with House Bill 1295, for certain contracts entered into on or after January 1, 2016, the successful proposer must submit a Certificate of Interested Parties (Form 1295) at the time the signed contract is submitted to the City. This applies to any contract of any amount that must be approved by the City Council. Form 1295 must be filed electronically with the Texas Ethics Commission using the online filing application located at:

https://prd.tecprd.ethicsefile.com/TECCertInt/pages/login/certLogin.jsf

RENEWALS: Renewal options executed under this RFP may occur only if, a renewal option is expressly referenced in this RFP and upon the execution of a new written agreement by both parties. A renewal is intended to serve as an extension of the original agreement, under the same or substantially similar terms. The inclusion of a renewal option in this RFP shall not be construed as a commitment or obligation by either party to enter into a renewal. As such, the City retains the right, in its sole discretion, to accept or reject any proposed renewal or associated renewal terms.

https://prd.tecprd.ethicsefile.com/TECCertInt/pages/login/certLogin.jsf

STANDARD AGREEMENT

(Version 9-22-2023)

This AGREEMENT (“Agreement”) is entered by and between Click or tap here to enter text.

(“Contractor”), located at Click or tap here to enter text. and the City of League City (“City”), a home-rule municipality, located at 300 W. Walker St., League City, Texas 77573 on the date set forth below.

Terms:

1. Scope of Services: Contractor will perform the services and/or provide the products as set forth in Exhibit A, which is attached and incorporated herein, and which can be generally described as Click or tap here to enter text.. If there is a conflict between the terms of this Agreement and Exhibit A, the terms of this Agreement will prevail.

2. Term and Termination: This Agreement shall commence on Click or tap to enter a date. and shall expire on Click or tap to enter a date. The period from commencement to expiration is the Contract Term. City reserves the right to terminate this Agreement for convenience upon seven (7) days written notice to Contractor. Upon such termination, City shall pay Contractor, at the rate set out in Exhibit A, for services satisfactorily performed or products satisfactorily provided up through the date of termination. Notwithstanding any provision in this Agreement to the contrary, City will not be required to pay or reimburse Contractor for any services performed or for expenses incurred by Contractor after the date of the termination notice that could have been avoided or mitigated by Contractor.

3. Compensation: Contractor shall be paid for the services/products as set forth in Exhibit A. In no event shall the total compensation exceed $Click or tap here to enter text. during the term of this Agreement. City shall tender payment (including progress/partial payments) for services/goods only after such services are completed or goods are delivered and are deemed to be acceptable under this Agreement, in the sole reasonable discretion of City. Contractor must submit to City invoices for all goods delivered and services provided, which invoices must include details and dates of service or delivery. Payment by City shall be made within thirty (30) days of receipt of an invoice, except for any portion of the invoiced amount that City disapproves as not compliant under this Agreement, in the sole reasonable discretion of City. If City disapproves any amount submitted for payment by Contractor, City shall give Contractor specific reasons for disapproval in writing.

4. Insurance: Contractor Choose an item. required during the Contract Term to maintain insurance as follows: (a) Comprehensive General Commercial Liability insurance covering bodily injury and property damage, with minimum coverage limits—exclusive of defense costs—of $1,000,000 per occurrence and $2,000,000 aggregate; (b) If Contractor will provide City “professional services,” as that term is used in Chapter 252 of the Texas Local Government Code, Professional Liability (errors and omissions/malpractice) insurance with minimum coverage limits—exclusive of defense costs—of $2,000,000 per occurrence; and (c) If at any point during the Contract Term it is foreseeable that Contractor will enter upon City premises: (i) Worker’s Compensation coverage with statutory limits for the State of Texas, and (ii) Commercial

Sample

Automobile Liability coverage with minimum coverage limits—exclusive of defense costs—of $1,000,000 per occurrence and $2,000,000 aggregate. All policies must contain a waiver of subrogation against City. Comprehensive General Liability and Commercial Automobile Liability policies must name the City as Additional Insured. Contractor shall pay all insurance deductibles and deductibles must not exceed $10,000 unless approved in advance by City. Contractor shall provide City Certificates of Insurance evidencing these insurance requirements prior to the start of work.

5. Liquidated Damages: Liquidated damages Choose an item. applicable to this transaction.

Contractor acknowledges that time is of the essence in performing this Agreement. City and Contractor (collectively, the “Parties”) agree that if Contractor is late in performing any obligation of this Agreement, City will suffer loss, damages, or other harm from Contractor’s delay. The Parties agree that the amount of loss, damages, or harm likely to be incurred is incapable or difficult to precisely estimate, and therefore Contractor agrees to pay City liquidated damages for delay at a daily rate equal to the total compensation allowed under the Agreement divided by the number of days in the Contract Term. The Parties further agree that: (i) the liquidated damages specified herein are not a penalty but rather bear a reasonable relationship to, and is not plainly or grossly disproportionate to, the probable loss likely to be incurred by City as a result of Contractor’s delay;

(ii) one of the reasons for City and Contractor to agree to such amounts is the uncertainty and cost of litigation regarding the question of actual damages; and (iii) City and Contractor are sophisticated business parties and negotiated this Agreement at arm’s length.

6. Independent Contractor: Contractor is an independent contractor and is not an employee, partner, joint venture, or agent of City.