RFP 27-007_Median Landscaping Maintenance Service_Combined.pdf

REQUEST FOR PROPOSAL (RFP)

RFP # 27-007

Median and Parks Landscaping Maintenance Services RFP The City of League City is now accepting sealed proposals for 27-007 Median and Parks Landscaping Maintenance Services sealed proposals must be received by 10:00a.m. CST, Tuesday, November 17, 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.

There is an optional Pre-Proposal Conference on Wednesday, October 28, 2026 at 10:00a.m. The meeting will be held at Johnnie Arolfo Civic Center

– 400 West Walker Street, League City, Texas 77573.

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 October 30, 2026 at 12:00noon. The addendum deadline is November 4, 2026 at 5:30p.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: October 21, 2026 Second Publication: October 28, 2026 https://www.leaguecitytx.gov/bids.aspx mailto:purchasing@leaguecitytx.gov

RFP 27-007

Median and Parks Landscaping Maintenance Services

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

• Attachment C – TxDOT Maps

City of League City Request for Proposals #27-007

I. Introduction The City of League City is soliciting proposals from interested and qualified proposers to provide median, and parks landscaping maintenance services. 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 three-year agreement with the option for two additional one-year renewals, or any combination thereof not to exceed five (5) total years.

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

• 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 27-007 Median and Parks Landscaping Maintenance Services

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: 10-21-2026

Pre-Proposal Conference: 10-28-2026 Deadline for Submitting Questions: 10-30-2026 Deadline for Q&A Addendum: 11-04-2026 Proposal Submission Deadline: 11-17-2026 Anticipated Contract Start Date: 02-01-2027

III. Scope of Work A. General

The City of League City is seeking qualified proposers for street median and park landscaping services. The sites to be serviced are listed in the cost sheet (see Attachment A) with estimated area in acres and the number of mowing cycles expected. Additionally, the City anticipates future mowing needs for Walter Hall Park http://www.publicpurchase.com/ mailto:support@publicpurchase.com located at 807 State Hwy 3, League City, Texas 77573. The exact start date for mowing services at Walter Hall Park is to be determined. For proposal purposes, the estimates listed on Attachment A are for acquainting the Proposer with probable labor to be expected during the contract term. These estimates are not intended to set forth minimum or maximum labor on this contract and shall not be construed as such. At the time of the opening of proposals, each Proposer shall be presumed to have inspected the sites and to have read and be thoroughly familiar with the contract requirements. The failure of the Proposer to examine any form, instrument, document, or site shall in no way relieve the Proposer from any obligations in respect to this proposal, upon submission. Only the services submitted and listed in this proposal package and included in any addendums will be considered. It shall be each Proposer’s responsibility to thoroughly inspect the nine (9) areas of work and to seek information regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been comprehensively investigated and considered in the preparation of the base proposal submitted. Work shall be performed in accordance with City of League City safety regulations.

B. Mowing Requirements:

• Growth will be cut to a uniformed height range of a minimum of two and a half (2

½) to three (3) inches, or as designated by the City Representative.

• Proposer will be responsible for damaged landscape due to mechanical issues, overweight equipment in muddy conditions and repetitive pattern of mowing causing turfgrass or soil damage.

• Significant excess grass or trimmings will be mulched, removed, or re-cut to improve site appearance.

• All edging along curbs must be done with a mechanical blade edger. For any edging where the edge is widened from the curb to the turf, soil and grass must be placed to repair the damage and the Proposer will be responsible for those repairs.

• Upon completion of mowing, all areas outside of the mowing area shall be cleaned of grass clippings, and all debris in the work area shall be picked up and properly disposed. No organic material can be left in the roadway

• While working along roadways Proposer must comply with all Federal, State, and Local laws.

C. Mowing Frequency Schedule:

• November 1 through February 28: Growth will be cut when height reaches four (4) inches or every two (2) weeks, whichever comes first, or as directed by the City Representative.

• March 1 through October 31: Growth will be cut when height reaches four (4) inches or every seven (7) days, whichever comes first, or as directed by the City Representative.

• Less or more frequent mowing may be required for periods of extreme heat, wet conditions, or unexpected growth cycles. Normal expected mowing visits will be 42 times a year.

D. Estimated Mowing Area:

• The measurement in acreage of each site is only an estimate. The Proposer shall examine the work sites and satisfy themself as to the conditions which will been countered relating to the quality of work to be performed and the materials to be furnished. The proposal shall cover all expenses in connection with all work performed.

E. General Maintenance Requirements:

General:

• Proposer shall bring all facilities up to the standards established by this scope of work within the first month of the first contract year.

• Regularly inspect landscaped/vegetated areas; de-weed; trim, and remove new or dead growth so roadways, and mulched/barked areas are kept clean and look well-cared for.

• Proposer personnel shall wear a contractor-provided uniform, which shall display the name of the company.

• Proposer vehicles shall display the name of the company.

• Lawns, bedded areas, tree wells and concrete expansions shall be kept weed, grass and moss free by hand or by use of herbicides approved by the City of League City.

• Rake all bedded areas as often as required to ensure a fresh mulch/bark appearance.

• Within service areas planted with seasonal color and flowering shrubs, deadhead (remove) spent flowers twice a month. Keep all beds free of weeds and debris on a regular basis throughout the year. Regularly monitor all flowering plants for disease and insect infestation. Notify a City representative immediately of signs of disease and/or insect infestation.

• Sweep or blow clean all concrete or street areas affected by work. All debris shall be removed from the site.

• Pick up and remove all leaves and debris from bedded, landscaped, and curbed areas of the property.

• All work shall be performed during normal working hours of Monday-Friday, 7a.m.- 5:00p.m. Any work performed on weekend days (Saturday and Sunday) must be pre-approved by designated City personnel.

Pruning:

• Prune trees, palms, vines, and shrubbery in the fall or winter, after the typical growing season, or as needed or requested by City personnel. Proposer is expected to use good landscape maintenance practices as to the frequency and extent of routine pruning required.

• Pruning during growing season shall occur as needed to ensure the following:

i. Remove dead, damaged, and diseased portions of plants.

ii. Prune trees and shrubs to maintain their natural shape and to maintain tree sucker control.

iii. Trees and shrubs are not to be allowed to grow together unless designed to do so as a hedge.

iv. Removal of any obtrusive vines.

• Trees shall be kept pruned to allow at least 5 feet of unobstructed space between the ground and the lowest limb.

• Trees and shrubs shall be pruned to avoid conflict with vehicular, or pedestrian traffic and shall not be allowed to interfere with site lighting, streetlight bases, or security cameras.

• Trees, shrubs and ground cover must be kept off fire hydrants, signage and stay within borders.

Supplemental Maintenance Schedule:

• Please see Cost Sheet (Attachment A) for frequency.

• The City of League City approves the use of native hardwood mulch only.

• Tree wells (rings) shall meet the 3-3-3 standard. That is, 3 inch depth, 3 foot diameter, and 3 inches away from root flare.

• Provide a minimum of two (2) seasonal fertilizer applications in landscaped beds per year as part of the base contract.

• Trees, shrubs, and ground cover - weed, pest, and disease control:

o The City of League City encourages environmentally responsible maintenance practices. Contractor must:

Provide the City of League City a minimum of 48 hours’ notice prior to "blanket" applications of herbicides, fungicides or insecticides.

Provide a Material Safety Data Sheet (MSDS) to the City of League City for any chemicals used.

All chemicals must be EPA approved and applied by a licensed Texas State Pesticide Applicator per the manufacturer's recommendations.

• Apply insecticide or fungicide to trees, shrubs and ground covers only when significant plant damage would result from not addressing the infestation. The pest and disease control program should be based upon historical data.

• Keep planter beds and tree wells free of weeds, pests and debris on a regular basis throughout the year. Control weeds with contact spray herbicides, hand weeding, and selective use of pre-emergent herbicides. Apply only at manufacturer’s approved rates to avoid soil toxicity. Verify that herbicide is appropriate for use with various plant materials. Proposer is responsible for any damage incurred because of herbicide application, or mechanical damage to tree trunks by nylon cord trimmer or equipment and must provide replacements or repair any such damage at no cost to the City of League City. Hand weeding is preferred whenever possible.

• Control of major disease and insect infestations for trees, shrubs and ground covers is not a part of this contract. Proposer is to regularly monitor all plant material and immediately notify a Park Ops Representative of any need for such control. Proposer is responsible for any damage to plant material incurred because of the Proposer’s failure to immediately notify the City of League City in writing of correctable disease and/or insect problems and must replace any such damaged plant material at no additional cost to the City of League City.

• Fertilize landscape with a well-balanced, slow-release fertilizer as required to provide vigorous deep rooting and a healthy green appearance year around. Care is to be taken not to burn the plants. Submit a fertilizer schedule listing proposed material, application rates and application times prior to performing work.

Proposer is to coordinate with City when Proposer expects to use fertilizer, “weed and feed” products, etc. so that these applications can be followed by City irrigation and/or manual watering.

Irrigation:

City expects Proposer to establish and communicate to the City the recommended watering schedule for each site and maintain the irrigation system to include adjustments to head/ nozzle/bubbler, timers, repairs, or risers. Examples of repairs would include but are not limited to replacement of missing/damaged heads, replace risers/swing joint, changing of controller batteries, trimming sod around heads, repairing head leaks in systems within the medians, or adjusting head nozzles/bubblers for proper coverage. The City will be responsible for all underground service lines from backflow to swing. All irrigation repairs will be documented and submitted to the City representative with monthly irrigation inspections. Proposer is to advise City Representative of any areas that Proposer determines are being under- or over-watered so that appropriate modifications or installations can be made. *Note that during periods of extended dry weather, the City has a Drought Contingency Plan which, in accordance with state water conservation guidelines, prohibits the irrigation of non-essential landscape areas.

F. Standard of Performance:

• The Proposer shall perform all services under this Agreement in accordance with the standards and codes of the Environmental Regulations and approved regulations of the governing agency. The Proposer and their staff must have company uniforms, and when applicable their equipment shall have the company’s logo to identify themselves while working for the City of League City.

• Contractor field maintenance supervisor will be expected to attend a monthly quality control meeting with City representative.

G. Maps:

• Maps for each location are provided as Attachment C in the bid package on Public

Purchase and Civic Plus.

H. City Representative:

• Parks Operations Superintendent

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 – References and Experience

3. Tab B – Project Methodology

4. Tab C – Technical Capabilities

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 – References and Experience

• Qualifications

• Proposer must demonstrate that they meet the following minimum requirements:

o Maintain a permanent place of business.

o Provide all required labor and materials, equipment, supervision, and administration necessary to complete the scope of work described in the proposal solicitations for this contract.

o Has suitable financial status to meet obligations incidental to work, and upon request, shall be prepared to furnish financial statements.

o Able to perform 90% of the work. Subcontractors must be pre-approved by a City Representative before they can work on the project.

• Experience o Discuss the company’s prior service experience in providing the proposed service to other organizations of comparable size.

o Provide a list of all municipal customer contracts in Texas where similar services were provided.

o Proposer must provide documentation and references to show successful performance of this type of work on projects of similar scope and size and must have a minimum of two (2) years of relevant verifiable experience with the public sector or at least five (5) years of verifiable experience in private sector work.

2. TAB B – Project Methodology/Project Quality Control

• Include a comprehensive transition plan and timeline for total program start-up.

• Describe in detail how the landscaping and mowing services will be provided without disruption to ongoing operations.

• Provide a detailed description of customer service approach, plan and program.

• Provide operational plans to restore the mowing frequency cycles after inclement weather and other unexpected, missed mowing cycles.

• Proposer personnel shall wear a contractor-provided uniform, which shall display the name of the company. A description and image of what the uniforms look like should be included with your proposal submission.

• Proposer vehicles shall display the name of the company. A description and image of what vehicle decals look like should be included with your proposal submission.

3. TAB C – Pricing and Fees

• All rates and fees must be listed on the Proposal Cost Sheet.

• Describe how and when any fees apply.

• Details of any alternate method of compensation your company would consider.

• Identify and list all special services and identify charges pertaining to such service.

• The City will not be responsible for paying any fees not specifically listed. The fees and charges presented shall remain firm for the original term of agreement.

4. TAB D – References:

• Proposer is to provide at least three (3) references from governmental agencies and/or private sector agencies for which you have provided this type of service. Include the name of the agency, contact name, telephone numbers, email address, date/length of the contract and a brief summary of work.

5. TAB E – Forms (Attachment A):

• Completed City of League City Texas Public Information Act.

• If applicable, provide a complete copy of the Conflict-of-Interest Questionnaire

(Form CIQ).

• Completed House Bill 89 Verification Form.

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 References and Experience 20

Project Methodology/Quality 30 Pricing and Fees 40 References 10

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

overall lowest submitted price/submitted price * 40.

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

A. General 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. Contractor understands and agrees that he/she will not be entitled to any benefits generally available to City employees. Contractor shall be responsible for all expenses necessary to carry out the services under this Agreement and shall not be reimbursed by City for such expenses except as otherwise provided in this Agreement.

7. Intellectual Property: This Agreement shall be an Agreement for services and the parties intend and consider any work created as a result of this Agreement, including any and all documentation, images, products or results, to be a work (the “Work”) for hire under federal copyright law.

Ownership of the Work shall belong to and remain the exclusive property of City. The Work may be edited at any time within City’s discretion. If the Work would not be considered a work-for-hire under applicable law, Contractor hereby assigns, transfers, and conveys any and all rights, title and interest to City, including without limitation all copyrights, patents, rights of reproduction, rights to ownership, and right to secure registrations, renewals, reissues and extensions thereof.

As the sole copyright holder of the Work, City maintains and asserts the rights to use, reproduce, make derivative works from, and/or edit the Work in any form of medium, expression or technology now known or hereafter developed, at any time within City’s discretion. Contractor shall not sell, disclose or obtain any other compensation for the services provided herein or the Work. If the Work is one to which the provisions of 17 U.S.C. § 106A apply, Contractor hereby waives and appoints City to assert on Contractor's behalf Contractor's moral rights or any equivalent rights regarding the form or extent of any alteration to the Work (including, without limitation, removal or destruction) or the making of any derivative works based on the Work, including, without limitation, photographs, drawings or other visual reproductions of the work, in any medium, for City’s purposes.

8. Confidentiality: During the course of the services to be provided under this Agreement, Contractor may become privy to confidential information of City. Contractor agrees to treat as confidential the information or knowledge that becomes known to Contractor during performance of this Agreement and to not use, copy, or disclose such information to any third party unless authorized in writing by City. This provision does not restrict the disclosure of any information that is required to be disclosed under applicable law. Contractor shall promptly notify City of any misuse or unauthorized disclosure of City’s confidential information and upon expiration of this Agreement shall return to City all confidential information in Contractor’s possession or control.