FINAL - Sealed Solicitation.5.26.pdf

City of Plano Solicitation Bid No: 2026-0681-B

Project: Screening Wall Replacement Stone Lake Estates

Project Number: ENG-S-00011

CIP Number: 334256

1520 K Avenue, Suite 370 Plano, Texas 75074

Engineer’s Seal09/18/2026

Table of Contents

OVERVIEW

NOTICE TO CONTRACTORS

1.1 SEALED BID CONTENT

1.2 HARDCOPY BID MARKING

1.3 PRE-BID MEETING

1.4 QUESTIONS

1.5 DELIVERY OF BID

1.6 BID OPENING LOCATION

1.7 BID BOND

1.8 BID SCHEDULE

1.9 SUBSTANTIAL COMPLETION TO FINAL COMPLETION

BREAKDOWN

1.10 INSURANCE

1.11 BIDDER RESPONSIBILITY

1.12 COMMERCIAL WASTE/RECYCLING/LEGAL DISPOSAL

1.13 PERMITS AND RIGHTS-OF-WAY

1.14 CITY OF PLANO MONUMENTS

1.15 ANTITRUST

1.16 REQUIRED BONDS FOR CONTRACT

CITY OF PLANO GENERAL TERMS AND CONDITIONS

PROJECT REQUIREMENTS

2.1 TECHNICAL SPECIFICATIONS, AS AMENDED

2.2 GENERAL CONTRACTUAL INSURANCE

REQUIREMENTS

INSURANCE COVERAGE REQUIREMENTS

2.3 PREVAILING WAGE RATES

CHAPTER 2258. PREVAILING WAGE RATES

CONTRACT WAGE DETERMINATION

2.4 SPECIAL CONDITIONS

CONTRACT TIME

PROSECUTION OF THE WORK

CONTRACTOR WORK BY ITS OWN FORCES

2.5 QUALIFICATIONS

2.6 PLANS AND DRAWINGS

2.7 CONSTRUCTION SUBMITTAL REQUIREMENTS

2.8 TCEQ - TPDES PERMIT REQUIREMENTS

SOLICITATION SUBMITTALS

CITY OF PLANO SEALED BID COVER SHEET

3.1 BID BOND FORM

3.2 VENDOR ACKNOWLEDGEMENT FORM

3.3 BID SCHEDULE

3.4 BID ITEM DESCRIPTIONS

3.5 VENDOR SUPPLEMENTAL FORM

3.6 VENDOR COMPLIANCE WITH RECIPROCITY ON NON-

RESIDENT BIDDERS

3.7 CONFLICT OF INTEREST QUESTIONNAIRE (CIQ) FORM

3.8 REFERENCE CHECK FORM

FORM OF CONTRACT

SAMPLE CONSTRUCTION CONTRACT

PERFORMANCE BOND

PAYMENT BOND

MAINTENANCE BOND

CONTRACTOR’S AFFIDAVIT CLAIMS AGAINST THE CITY OF

PLANO

CONTRACTOR’S AFFIDAVIT OF FINAL PAYMENT

OVERVIEW

WORK SUMMARY

The City of Plano (hereinafter referred to as “City”) requires improvements under this contract for the following: The removal and replacement of approximately 3,800 linear feet of screening wall in the Stone Lake Estates neighborhood at the following locations:

1. Beaver Creek to Tiburon Drive on the east side of Parkwood Blvd. (approx.1,200 LF)

2. Tiburon Drive to W. Plano Pkwy on the east side of Parkwood Blvd. (approx. 950 LF)

3. Parkwood Blvd to Balcones Drive on the north side of Plano Pkwy (approx. 1,250 LF)

4. East side of Balcones Drive, on the north side of Plano Pkwy (approx.400 LF)

The location of this project is: The screening wall northeast of the intersection of Parkwood Boulevard and Plano Parkway, adjacent to the Stone Lake Estates neighborhood, in the City of Plano, Texas. A location map is included in the plans.

CONTRACT TIME

See Section 2.4, Special Conditions, for contract time details.

IMPORTANT:

The amount for liquidated damages is anticipated to be $1,000.00 for each day work remains incomplete after the time specified.

EVALUATION

The lowest responsive, responsible bidder shall be awarded the contract.

INCORPORATED BY REFERENCE

The following standards and requirements are incorporated by reference:

• Standard Specifications for Public Works Construction (North Central Texas), as amended

• City of Plano Standard Construction Details, as amended

• Parks & Recreation Standard Details, as amended

• Parks & Recreation Standard Products

• Engineering Approved Materials List

All items identified above are on file and available for inspection in the City of Plano Procurement Division.

SOLICITATION SOURCE

The City released this solicitation through its eProcurement system, IonWave, at PlanoTX.ionwave.net. The Project Requirements and all addenda to the solicitation should be obtained directly from PlanoTX.ionwave.net to ensure accuracy. See City of Plano General Terms and Conditions, Section 2., Bid Notification, for additional information.

NOTICE TO CONTRACTORS

1.1 SEALED BID CONTENT

Review Solicitation Submittals (Section 3) for a cover sheet and checklist of items that should be included in your sealed bid. In addition to the items necessary for inclusion with your sealed bid, it also includes items that may be necessary for evaluation and for contract development with the successful bidder.

The bid bond will need to be provided on the City’s Bid Bond form included in this solicitation.

Do not staple, bind, or provide your sealed bid in a binder – unless otherwise directed.

1.2 HARDCOPY BID MARKING

Mark the sealed bid with your company name and the City’s Bid No. 2026-0681-B designated on the exterior of the bid package.

1.3 PRE-BID MEETING

To attend the non-mandatory pre-bid meeting, access the Teams Teleconference via the information below, date and time can be found on the Activities tab for this bid on PlanoTX.IonWave.net.

Microsoft Teams meeting

Join:

https://teams.microsoft.com/meet/282964091646613?p=PBLNz8sNtf7 r1sZPrR

Meeting ID: 282 964 091 646 613

Passcode: Vz2Tw7Xm

Need help? | System reference

Dial in by phone

+1 469-998-7570,,378087096# United States, Dallas

Find a local number

Phone conference ID: 378 087 096#

For organizers: Meeting options | Reset dial-in PIN https://teams.microsoft.com/meet/282964091646613?p=PBLNz8sNtf7r1sZPrR https://teams.microsoft.com/meet/282964091646613?p=PBLNz8sNtf7r1sZPrR https://aka.ms/JoinTeamsMeeting?omkt=en-US https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZGNiMGM4MDgtM2RkOS00ZDc5LTk3ZDctZjQ4MjZiZjhlODQw%40thread.v2/0?context=%7b%22Tid%22%3a%22f83ebb34-1b02-4411-aee9-a7cfbd852b21%22%2c%22Oid%22%3a%225e50ba78-a884-4efa-8814-a71112cc0bec%22%7d tel:+14699987570,,378087096 https://dialin.teams.cloud.microsoft/4787d814-4265-434a-bb58-9d1432c5799a?id=378087096 https://teams.microsoft.com/meetingOptions/?organizerId=5e50ba78-a884-4efa-8814-a71112cc0bec&tenantId=f83ebb34-1b02-4411-aee9-a7cfbd852b21&threadId=19_meeting_ZGNiMGM4MDgtM2RkOS00ZDc5LTk3ZDctZjQ4MjZiZjhlODQw@thread.v2&messageId=0&language=en-US https://dialin.teams.cloud.microsoft/usp/pstnconferencing

1.4 QUESTIONS

Submit all questions on the solicitation’s question portal on PlanoTX.ionwave.net by the Question Deadline. Answers will be provided via the IonWave interface or addenda on PlanoTX.ionwave.net.

1.5 DELIVERY OF BID

The preferred method for proposal submission is electronically through IonWave. If you choose to submit your bid/proposal in person, Procurement personnel will be available Mondays and Wednesdays between the hours of 10 a.m. and 2 p.m. The person delivering the bid/proposal must call (972) 941-7557 upon arrival during those hours and wait in the lobby for someone to meet them to receive their bid. Responses delivered in person are to be delivered in a sealed envelope to the Procurement Department at the address below prior to the Bid Close Date and Time.

City of Plano – Procurement Department 1520 K Avenue, Suite 370

Plano, Texas 75074

1.6 BID OPENING LOCATION

Bids will be publicly opened and read at the Municipal Center. Tabulations for these solicitations should be available on Ionwave within 48 hours of the opening. In some cases, they may be available earlier. We ask that you limit exposure by viewing tabulations electronically through IonWave, rather than attending at City Hall.

1.7 BID BOND

Include a bid bond or a bid guarantee in the form of a cashier’s check or certified check in an amount not less than five percent (5%) of the total maximum bid price. This is a guarantee that the bidder will enter into a contract and execute the performance bond and the payment bond on the forms provided in this solicitation. Checks shall be issued by a national or state bank and the bid bond shall be from a reliable surety company.

A BID BOND or a CASHIERS CHECK in the amount of 5% of the amount bid must be received by The City of Plano Procurement Division prior to the published bid closing date/time. If not received, you may be deemed non-responsive.

All pages of the submitted bid bond or cashier's check must be filled out in its entirety, including all signatures, attests and resident agent information as applicable. If not completed in its entirety, you may be deemed non-responsive.

Delivery address:

City of Plano Purchasing Division

1520 Avenue K, Suite 370 Plano, TX 75074

If you are responding electronically, a scanned copy of the Bid Bond or cashier’s check must be received by the City of Plano PRIOR TO the published bid closing date/time.

Bid Bonds and cashier’s checks may be submitted by uploading a scanned copy into Ionwave. The bid bond will need to be provided on the City’s Bid Bond form that is included in this solicitation.

The City will require the presumed awardee to furnish the original bid bond, or cashier’s check within 24 hours of the request by City of Plano Procurement or may be deemed non-responsive.

1.8 BID SCHEDULE

A digital bid schedule is available for viewing and download via the eProcurement system, Ionwave, at PlanoTX.ionwave.net. The bid schedule should be obtained directly from PlanoTX.ionwave.net to ensure accuracy.

IMPORTANT:

No wording in the digital bid schedule shall modify or amend the wording in the bid or plans.

1.9 SUBSTANTIAL COMPLETION TO FINAL COMPLETION BREAKDOWN

Identify, as a part of your response, the time needed to reach substantial completion and then final completion. This sum should equal the total days allowed as stated in the Contract Time section of the Overview.

1.10 INSURANCE

Review section 2.2 General Contractual Insurance Requirements with your insurance agent prior to submitting bid. A certificate of insurance is not required to be submitted with your bid. The City requires the vendor to carry the minimum insurance as required by state laws and the insurance requirements outlined in the bid documents. The successful bidder will furnish certificates of insurance that meet the insurance requirements within ten (10) days of City’s request.

1.11 BIDDER RESPONSIBILITY

The apparent successful bidder must qualify by submitting satisfactory evidence as required in this solicitation and/or such additional evidence that the City may require. Any such evidence must be provided within 72 (seventy-two) hours from City’s written request, unless otherwise agreed upon by the City. Failure to provide evidence satisfactory to the City may result in the apparent successful bidder to be deemed non-responsive and the work awarded to the next-lowest responsive, responsible bidder.

The successful bidder shall submit, within seven (7) days after request from the City, a certificate of partnership, partnership agreement, or joint venture agreement which identifies the person(s) authorized to execute a contract on behalf of the partnership or joint venture.

1.12 COMMERCIAL WASTE/RECYCLING/LEGAL DISPOSAL

Construction and demolition recycling must comply with City Ordinance. If bidder does not know the City provider for trash and recycling containers at construction and demolition sites, bidder is responsible for contacting Building Inspections Permit Services at 972-941-7140. This project may require “legal disposal”. When required, “legal disposal” shall mean the contractor must take all materials to the landfill or a recycling center.

1.13 PERMITS AND RIGHTS-OF-WAY

The OWNER will provide rights-of-way for the purpose of construction without cost to the CONTRACTOR, by securing permits in areas of public dedication or by obtaining easements across privately owned property. It shall be the responsibility of the CONTRACTOR, prior to the initiation of construction on easements through private property, to inform the property owner of this intent to begin construction. Before beginning construction in areas of public dedication, the CONTRACTOR shall inform the agency having jurisdiction in the area forty-eight (48) hours prior to initiation of the work. If a building permit is needed, it is provided at no cost; the contractor must register with the City and is responsible for all associated fees.

1.14 CITY OF PLANO MONUMENTS

The CONTRACTOR shall protect all OWNER monuments, and when any such monuments are in danger of being disturbed, they shall be properly referenced, and if disturbed, shall be reset at the expense of the CONTRACTOR, unless otherwise noted on the plans.

1.15 ANTITRUST

If applicable, the CONTRACTOR hereby assigns to the OWNER any and all claims for overcharges associated with this contract which arise under the antitrust laws of the United States 15 U.S.C.A.

Sec. 1 et seq. (1973), as amended.

1.16 REQUIRED BONDS FOR CONTRACT

The successful bidder must furnish a performance bond, on the form provided, in the amount of one hundred fifteen percent (115%) of the contract price. Successful bidder must also provide a material and labor payment bond, on the form provided, in the amount of one hundred percent (100%) of the contract price. Bonds must be from an approved surety company holding a permit from the State of Texas to act as surety, or other sureties acceptable to the Owner. Delivery of applicable bonds to the City no later than ten (10) days after notice of award is required.

CITY OF PLANO GENERAL TERMS AND

CONDITIONS

CITY OF PLANO

GENERAL TERMS AND CONDITIONS

PURC Rev.3.16.26

1. CITY OF PLANO GENERAL TERMS AND CONDITIONS APPLY TO ANY PROCUREMENT OF PRODUCTS OR SERVICES BY THE CITY OF PLANO (CITY). TAKING EXCEPTION TO THESE TERMS AND CONDITIONS MAY

DEEM A RESPONSE AS NON-RESPONSIVE.

2. BID NOTIFICATION: City of Plano utilizes the following procedures for notification of bid opportunities:

www.planotx.ionwave.net and the Dallas Morning News: www.dallasnews.com. These are the only forms of notification authorized by the City. City of Plano shall not be responsible for receipt of notification and information from any source other than those listed. It shall be the bidder’s responsibility to verify the validity of all bid information received by sources other than those listed.

3. ELECTRONIC BIDS: The City of Plano uses Ionwave to distribute and receive bids and proposals. Refer to www.planotx.ionwave.net for information.

4. REQUIRED INFORMATION: City of Plano bid/proposal packets contain various sections requiring completion. The bid form section of the bid packet must be completed prior to the date and time set for bid opening and included with the bid packet or the bidder may be found non-responsive. Vendors may be required to complete and supply all information contained in the “supplemental information” portion of the packet at a date after bid opening. Failure to complete “supplemental information” requirements in a timely manner, prior to council award, may be used by the City in determining a vendor’s responsibility.

5. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate their responsibility. The City of Plano may request representation and other information sufficient to determine bidder’s ability to meet these minimum standards including but not limited to:

A. Have adequate financial resources, or the ability to obtain such resources as required;

B. Be able to comply with the required or proposed delivery schedule;

C. Have satisfactory record of performance;

D. Have a satisfactory record of integrity and ethics;

E. Otherwise qualified and eligible to receive an award.

Failure to provide the requested information within 72 hours may result in a vendor being deemed non-responsive.

6. CORRESPONDENCE: The number of this bid packet must appear on all correspondence, or inquiries, pertaining to this quotation.

7. PREPARATION COST: The City will not be liable for any costs associated with the preparation, transmittal, or presentation of any bids or materials submitted in response to any bid, quotation, or proposal.

8. NOTICE OF PUBLIC DOCUMENTS: Any and all materials initially or subsequently submitted as part of the bid process shall become the property of the City, and shall be treated as City documents subject to typical practice and applicable laws for public records.

9. TEXAS PUBLIC INFORMATION ACT: For an expenditure of at least $1 million in public funds for the purchase of goods or services by the City unless excepted by law, “The requirements of Subchapter J, Chapter 552, Government Code, may apply to this bid/contract (whichever is applicable) and the Contractor or vendor agrees that the contract can be terminated if the Contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter.”

10. ADDENDA: Any interpretations, corrections or changes to this bid packet will be made by addenda. Sole issuing authority shall be vested in the City of Plano Procurement Department. Addenda will be sent to all who are known to have received a copy of this bid packet, if the addenda contain changes to the “specification” or “bid form”, bidders shall acknowledge receipt of all addenda or they may be declared non-responsive.

11. REVISED BIDS: The bid that is submitted last will supersede any previous versions.

12. NONRESIDENT BIDDERS: Pursuant to Texas government code, chapter 2252, subchapter A: A bidder whose principal place of business, ultimate parent company or majority owner’s principal place of business is not in Texas, is considered a nonresident bidder. A nonresident bidder must underbid the lowest responsible resident bidder by an amount that is equal to, or less than, the amount by which a Texas resident would be required to underbid in the nonresident bidder’s state. This provision does not apply to a contract involving federal funds.

http://www.planotx.ionwave.net/ http://www.dallasnews.com/ http://www.planotx.ionwave.net/ http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=GV&Value=552

13. INSURANCE: The City requires vendor(s) to carry the minimum insurance as required by state laws, and insurance requirements outlined in the bid/proposal documents.

14. NO PROHIBITED INTEREST: Bidder acknowledges and represents that they are aware of the laws, City Charter, and

City Code of Conduct regarding conflicts of interest. The City Charter states that “no officer or employee of the City shall have a financial interest, direct or indirect, in any contract with the City, nor shall be financially interested, directly or indirectly, in the sale to the City of any land, or rights or interest in any land, materials, supplies or service…..”.

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

16. SAMPLES: Any catalog, brand names, or manufacturer’s reference in this bid packet is descriptive and not restrictive, and is used to indicate type and quality level desired for comparison purposes unless specifically excluded. Please quote as listed or give equal. If item offered is other than as indicated, bidder must state make, model, and part number of product quoted. Equality will be determined by the City, per the specifications. Samples, if required, shall be furnished free of expense to the City. Samples should not be enclosed with bid unless requested.

17. TESTING: Testing may be performed at the request of the City or any participating entity, by an agent so designated, without expense to the City.

18. PRICING: Bid price(s) quoted, must be held firm for ninety (90) days to allow for evaluation unless otherwise stated in this document.

19. ERROR-QUANTITY: Bid price must be submitted on units of quantity specified, extended, and total shown, in the event of discrepancies in extensions, the unit price shall govern.

20. WARRANTY/GUARANTEE LAWS AND REGULATIONS: By submittal of this bid, in addition to the guarantees and warranties provided by law, vendor expressly guarantees and warrants as follows:

A. That the articles to be delivered hereunder will be in full conformity with the specifications or with the approved sample submitted, and agreed that this warranty shall survive acceptance of delivery and payment for the articles and that the vendor will bear the cost of inspecting and/or testing articles rejected.

B. That the articles to be delivered hereunder will not infringe on any valid patent, trademark, trade name, or copyright, and that the vendor will, at vendor’s own expense, defend any and all actions or suits charging such infringement and will save and hold harmless the City, its officers, employees, agents, and representatives from any and all claims, losses, liabilities and suits arising there from.

C. That the articles to be delivered hereunder will be manufactured, sold and/or installed in compliance with the provisions of all applicable federal, state and local laws and regulations.

D. That nothing contained herein shall exclude or affect the operation of any implied warranties otherwise arising in favor of the City.

21. PACKAGING: Unless otherwise indicated, items will be new, unused, and in first rate condition in containers suitable for damage-free shipment and storage.

22. F.O.B./DAMAGE: Quotations shall be bid F.O.B. delivered, designated location, and shall include all delivery and packaging costs. The City of Plano assumes no liability for goods delivered in damaged or unacceptable condition. The successful bidder shall handle all claims with carriers, and in case of damaged goods, shall ship replacement goods immediately upon notification by the City of damage.

23. DELIVERY COMPLIANCE: Quotations must show the number of calendar days required to place the materials in the possession of the City. Do not quote shipping dates. When delivery delay can be foreseen, the bidder shall give prior notice to the purchasing division, who shall have the right to extend the delivery date if reasons for delay appear acceptable. Default in promised delivery, without acceptable reasons, or failure to meet specifications, authorizes the purchasing division to purchase goods elsewhere, and charge any increase in cost and handling to the defaulting bidder.

24. DELIVERY TIMES & INSTALLATION: Deliveries will be acceptable only during normal working hours at the designated location. Regarding installation services, the Contractor shall be responsible to remove from City property and dispose of all waste and packaging material in a lawful manner.

25. PAYMENT TERMS: Payment terms are pursuant to the Texas Prompt Payment Act unless otherwise specified by the

City. Upon receipt of a properly executed invoice from the vendor, payment will be processed for items or services delivered.

26. ELECTRONIC SIGNATURE – UNIFORM ELECTRONIC TRANSACTION ACT: The City adopts Vernon Texas’ Statutes and Codes, Annotated Business and Commerce Code Chapter 43. Uniform Electronic Transaction Act, allowing individuals, companies, and governmental entities to lawfully use and rely on electronic signatures.

27. PRESENTATION OF BIDS – PAPER SUBMISSION: Complete bid packets must be presented to the Procurement

Department in a sealed envelope unless otherwise indicated.

28. ALTERING BIDS – PAPER SUBMISSION: Bid prices cannot be altered or amended after submission deadline. Any inter-lineation alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity.

29. LATE BIDS – PAPER SUBMISSION: Bid packets received in the Procurement Department after submission deadline shall be returned unopened and will be considered void and unacceptable. The City of Plano is not responsible for the lateness of mail carrier, weather conditions, etc.

30. WITHDRAWAL OF BIDS: Bidder agrees that a bid price may not be withdrawn or canceled by the bidder for a period of ninety (90) days following the date designated for the receipt of bids without written approval of the City.

31. BID OPENINGS: All bids submitted will be read at the City’s regularly scheduled bid opening for the designated project.

However, the reading of a bid at bid opening should not be construed as a comment on the responsiveness of such bid or as any indication that the City accepts such bid as responsive. The City will make a determination as to the responsiveness of bids submitted based upon compliance with all applicable laws, City of Plano purchasing guidelines, and project documents, including but not limited to the bid/proposal specifications and required submittal documents. The City will notify the successful bidder upon award of the contract and, according to state law all bids received will be available for inspection at that time.

32. BID SUMMARY SHEET: Bid summary results will be made available forty-eight (48) hours after bid opening. Bidders desiring a copy of the bid summary sheet may view the results online forty-eight hours (48) hours after the bid opening at www.planotx.ionwave.net No results will be given over the telephone.

33. MINOR DEFECT: The City reserves the right to waive any minor defect, irregularity, or informality in any bid. The City may also reject any or all bids without cause prior to award.

34. EVALUATION: Bids/proposals will be evaluated as outlined in the bid/proposal document.

35. RECYCLED MATERIALS: Pursuant to Texas LGC 252.003, Health and Safety Code 361.426 and Texas Administrative

Code the City shall give preference in purchasing to products made of recycled materials if the products meet applicable specifications as to quantity and quality and the average price of the product is not more than 10% greater than the price of comparable non-recycled products. Preferences will be applied in accordance with state procurement statutes and rules.

36. AWARD: The City reserves the right to award:

A. In whole or in part as determined to be in the best interest of the City; and/or

B. A separate contract to separate vendors for each item/group or to award one contract for the entire bid. The City reserves the right to take into consideration contract administration costs for multiple award contracts when determining low bid.

37. PROTESTS: All protests regarding the bid solicitation process must be submitted in writing to the Purchasing Manager within five (5) working days following the opening of bids. This includes all protests relating to advertising of bid notices, deadlines, bid opening, and all other related procedures under the local government code, as well as any protests relating to alleged improprieties or ambiguities in the specifications. The limitation does not include protests relating to staff recommendations as to award of this bid. Protests relating to staff recommendations may be directed to the City council by contacting the City Secretary prior to council award. All staff recommendations will be made available for public review ninety-six (96) hours prior to consideration by the City council.

http://www.planotx.ionwave.net/

38. ADDITIONAL TERMS: Notwithstanding acceptance by the City of the goods or services ordered hereby, no additional terms or conditions of vendor, whether contained within vendor’s proposal or otherwise, shall be accepted by City, unless agreed upon in writing through a proposal process.

39. CONFLICTS: In the event the terms and conditions herein expressed conflict with the terms and conditions of any specifications issued by the City in conjunction with this purchase, the specifications shall supersede these terms and conditions to the extent of the conflict.

40. AUTHORIZATION: The City of Plano will not accept or pay for articles delivered or services performed without a specific written Purchase Order.

41. CONFORMITY OF GOODS/SERVICES: All goods to be delivered or services to be performed shall conform in every respect to the specifications issued by the City in conjunction with its solicitation of bids or proposals. In the event no such specifications were issued, the goods or services shall conform to the proposal submitted by the vendor.

42. PRICING: Unit pricing shall be in strict conformity with the bid or proposal submitted by vendor, unless a price increase is authorized by the City.

43. PRICE ESCALATION: Price escalations may be permitted by the City of Plano during the term of the contract. All requests for price escalation shall be in written form and shall demonstrate industry-wide or regional increases in the Contractor’s costs. Include documents supporting the price escalation, such as manufacturer’s direct cost, postage rates, railroad commission rates, federal/state minimum wage laws, federal/state unemployment taxes, FICA, etc. Increases will apply only to the products(s) and/or service(s) affected by an increase in raw material, labor, or another like cost factor. The City of Plano reserves the right to accept or reject any/all price escalations.

44. PRICE REDUCTION: If during the life of the contract, the Contractor’s net prices to other customers for the same product(s) and/or service(s) are lower than the City of Plano’s contracted prices, an equitable adjustment shall be made in the contract price.

45. TAXES: The City of Plano is exempt from federal manufacturer’s excise and state sales and use tax. Contractor shall be responsible to furnish the appropriate forms required to the supplier(s).

46. INSPECTION, REJECTION, AND EXCESS SHIPMENT: In addition to other rights provided by law, the City reserves the right (a) to inspect articles delivered and to return those which do not meet specifications or reasonable standards of quality, (b) to reject articles shipped contrary to instructions or in containers which do not meet recognized standards, and

(c) to cancel the order if not filled within the time specified. The City may return rejected articles or excess shipment on this order, or may hold the articles subject to the vendor’s order and at vendor’s risk and expense, and may in either event charge the vendor with the cost of shipping, unpacking, inspecting, repacking, reshipping and other like expenses.

47. INVOICES: Invoices must be submitted by the Contractor to the City of Plano, Accounting Department, P.O. Box 860279, Plano, TX, 75086-0279. The City Purchase Order number must appear on all invoices, delivery memoranda, bills of lading, packing and correspondence.

48. PATENT RIGHTS: The Contractor agrees to indemnify and hold the City harmless from any claim involving patent right infringement or copyrights on goods supplied.

49. FUNDING: The Contractor recognizes that any contract shall commence upon the effective date and continue in full force and effect until termination in accordance with its provisions. Contractor and City herein recognize that the continuation of any contract after the close of any given fiscal year of the City of Plano, which fiscal year ends on September 30th of each year, shall be subject to Plano City Council approval. In the event that the Plano City Council does not approve the appropriation of funds for the contract, the contract shall terminate at the end of the fiscal year for which funds were appropriated and the parties shall have no further obligations hereunder.

50. ASSIGNMENT: Contractor agrees to retain control and to give full attention to the fulfillment of this Contract, that this

Contract shall not be assigned without the prior written consent of City, and that no part or feature of the work will be assigned to anyone objectionable to City. Contractor further agrees that subcontracting any portion or feature of the work, or materials required in the performance of this Contract, shall not relieve Contractor from its full obligations to City as provided by this Contract. Failure to obtain City’s written consent prior to assignment of this Contract as set forth herein, may result in termination of this Contract at the City’s discretion, without penalty or prejudice to any other remedy it may be entitled to at law, or in equity or otherwise under this Contract. If the City elects to terminate this Contract, the Contractor shall provide the City refund of any prepaid, unused portion of the fees, calculated from the date of termination to the end of the then-current term.

51. AUDIT: The City of Plano reserves the right to audit the records and performance of Contractor during the contract and for three years thereafter.

52. CHANGE ORDERS: No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in this contract. All change orders to the contract will be made in writing by the City of Plano.

53. INDEMNIFICATION: CONTRACTOR AGREES TO DEFEND, INDEMNIFY AND HOLD THE CITY AND ITS RESPECTIVE OFFICERS, AGENTS AND EMPLOYEES, HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, JUDGMENTS, FINES, PENALTIES, COSTS AND EXPENSES FOR PERSONAL INJURY (INCLUDING DEATH), PROPERTY DAMAGE, INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS (INCLUDING PATENT, COPYRIGHT AND TRADEMARK INFRINGEMENT) OR OTHER HARM OR VIOLATIONS FOR WHICH RECOVERY OF DAMAGES, FINES, OR PENALTIES IS SOUGHT, SUFFERED BY ANY PERSON OR PERSONS THAT MAY ARISE OUT OF OR BE OCCASIONED BY CONTRACTOR'S BREACH OF ANY OF THE TERMS OR PROVISIONS OF THE CONTRACT, VIOLATIONS OF LAW, OR BY ANY NEGLIGENT, GROSSLY NEGLIGENT, INTENTIONAL, OR STRICTLY LIABLE

ACT OR OMISSION OF THE CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, INVITEES,

SUBCONTRACTORS, OR SUB- SUBCONTRACTORS AND THEIR RESPECTIVE OFFICERS, AGENTS, OR

REPRESENTATIVES, OR ANY OTHER PERSONS OR ENTITIES FOR WHICH THE CONTRACTOR IS LEGALLY RESPONSIBLE IN THE PERFORMANCE OF THE CONTRACT. THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM THE SOLE NEGLIGENCE OF CITY, AND

ITS OFFICERS, AGENTS, EMPLOYEES OR SEPARATE CONTRACTORS. CITY DOES NOT WAIVE ANY

GOVERNMENTAL IMMUNITY OR OTHER DEFENSES AVAILABLE TO IT UNDER TEXAS OR FEDERAL LAW. THE PROVISIONS OF THIS PARAGRAPH ARE SOLELY FOR THE BENEFIT OF THE PARTIES HERETO AND ARE NOT INTENDED TO CREATE OR GRANT ANY RIGHTS, CONTRACTUAL OR OTHERWISE, TO ANY OTHER PERSON

OR ENTITY.

CONTRACTOR, AT ITS OWN EXPENSE, IS EXPRESSLY REQUIRED TO DEFEND CITY AGAINST ALL SUCH CLAIMS. CITY RESERVES THE RIGHT TO PROVIDE A PORTION OR ALL OF ITS OWN DEFENSE; HOWEVER, CITY IS UNDER NO OBLIGATION TO DO SO. ANY SUCH ACTION BY CITY IS NOT TO BE CONSTRUED AS A

WAIVER OF CONTRACTOR’S OBLIGATION TO DEFEND CITY OR AS A WAIVER OF CONTRACTOR’S

OBLIGATION TO INDEMNIFY CITY PURSUANT TO THIS AGREEMENT. CONTRACTOR SHALL RETAIN DEFENSE COUNSEL WITHIN SEVEN (7) BUSINESS DAYS OF CITY’S WRITTEN NOTICE THAT CITY IS INVOKING ITS RIGHT TO INDEMNIFICATION UNDER THIS AGREEMENT. IF CONTRACTOR FAILS TO RETAIN COUNSEL WITHIN THE REQUIRED TIME PERIOD, CITY SHALL HAVE THE RIGHT TO RETAIN DEFENSE COUNSEL ON ITS OWN BEHALF

AND CONTRACTOR SHALL BE LIABLE FOR ALL COSTS INCURRED BY CITY.

IN ADDITION TO CONTRACTOR’S INTELLECTUAL PROPERTY INFRINGEMENT INDEMNIFICATION AND DEFENSE REQUIREMENTS HEREIN, IF AN INFRINGEMENT CLAIM OCCURS, OR IN CONTRACTOR'S OPINION IS LIKELY TO OCCUR, CONTRACTOR SHALL, AT ITS EXPENSE: (A) PROCURE FOR CITY THE RIGHT TO CONTINUE USING THE PRODUCT; (B) REPLACE OR MODIFY THE PRODUCT SO THAT IT BECOMES NON-INFRINGING WHILE PROVIDING FUNCTIONALLY EQUIVALENT PERFORMANCE; OR (C) ACCEPT THE RETURN OF THE PRODUCT AND GRANT CITY A REIMBURSEMENT FOR THE PRODUCT. CONTRACTOR WILL PROCEED UNDER

SUBSECTION (C) ABOVE ONLY IF SUBSECTIONS (A) AND (B) PROVE TO BE COMMERCIALLY

UNREASONABLE.

THE INTELLECTUAL PROPERTY INFRINGEMENT INDEMNIFICATION HEREIN APPLIES TO ALL PRODUCTS

PROVIDED, SUPPLIED OR SOLD UNDER THIS AGREEMENT BY CONTRACTOR TO CITY WHETHER

MANUFACTURED BY CONTRACTOR OR A THIRD PARTY. CONTRACTOR REPRESENTS THAT, TO THE BEST OF ITS KNOWLEDGE, CITY’S USE OF PRODUCTS THAT ARE PROVIDED SUPPLIED, OR SOLD BY CONTRACTOR TO CITY AS PART OF THIS AGREEMENT DOES NOT CONSTITUTE AN INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS AND CITY HAS THE LEGAL RIGHT TO USE SAID PRODUCTS. CITY ENTERS INTO THIS

AGREEMENT RELYING ON THIS REPRESENTATION.

THE INDEMNIFICATION HEREIN SURVIVES THE TERMINATION OF THE CONTRACT AND/OR DISSOLUTION OF

THIS AGREEMENT INCLUDING ANY INFRINGEMENT CURE PROVIDED BY THE CONTRACTOR.

54. TERMINATION: City may, at its option, with or without cause, and without penalty or prejudice to any other remedy it may be entitled to at law, or in equity or otherwise under this Contract, terminate further work under this Contract, in whole or in part by giving at least thirty (30) days prior written notice thereof to Contractor with the understanding that all services being terminated shall cease upon the date such notice is received unless otherwise indicated in writing by the City. If the City elects to terminate this Contract, the Contractor shall provide the City refund of any prepaid, unused portion of the fees, calculated from the date of termination to the end of the then-current term. Contractor shall be entitled to compensation for any and all work completed to the satisfaction of City in accordance with the provisions of this Contract prior to termination.

55. TERMINATION FOR DEFAULT: If either party defaults in the performance of this Contract, the other party will give to the non-performing party a written and detailed notice of the default. If City is the defaulting party, it will have thirty (30) days to provide a written plan to cure the default that is acceptable to Contractor and begin implementing the cure plan immediately after plan approval. If the non-performing party fails to provide or implement a cure plan, then the injured party, in addition to any other rights available to it under law, may immediately terminate this Contract effective upon giving a written notice of termination of the defaulting party.

Any termination of this Contract will not relieve either party of obligations previously incurred pursuant to this Contract, including payments which may be due and owing at the time of termination. All sums owed and not in dispute by City will become due and payable immediately upon termination of this Contract. Upon the effective date of termination, Contractor will have no further obligation to provide Services.

56. REMEDIES: The Contractor and the City of Plano agree that each party has rights, duties, and remedies available as stated in the uniform commercial code and any other available remedy, whether in law or equity.

57. VENUE: This agreement will be governed and constructed according to the laws of the state of Texas. This agreement is performable in Collin/Denton County, Texas. Exclusive venue shall be in Collin County, Texas.

58. DELINQUENT TAXES: Section 2-2 of the City Code of Ordinances prohibits the payment of public funds to persons that owe delinquent taxes to the City of Plano. Therefore, payment to a Contractor for goods or services provided to the City under contract or Purchase Order may be withheld in the event the Contractor owes delinquent taxes to the City.

59. WORKFORCE:

A. The Contractor shall employ only orderly and competent workers, skilled in the performance of the services which they will perform under the Contract.

B. The Contractor, its employees, subcontractors, and subcontractor's employees may not while in the course and scope of delivering goods or services under a City of Plano contract on the City's property;

i. use or possess a firearm, including a handgun that is licensed under state law, except as required by the terms of the contract; who hold a license to carry a handgun or who otherwise lawfully possess a firearm and ammunition may keep such items in their locked personal vehicle while parked on City Property; or

ii. use or possess alcoholic or other intoxicating beverages, illegal drugs or controlled substances, nor may such workers be intoxicated, or under the influence of alcohol or drugs, on the job.

C. If the City or the City's representative notifies the Contractor that any worker is incompetent, disorderly or disobedient, has knowingly or repeatedly violated safety regulations, has possessed any firearms, or has possessed or was under the influence of alcohol or drugs on the job, the Contractor shall immediately remove such worker from Contract services, and must not employ such worker again on Contract services without the City's prior written consent.

D. The immigration reform and control act of 1986 (IRCA) makes it illegal for employers to knowingly hire or recruit immigrants who do not possess lawful work authorization and requires employers to verify their employees' work eligibility on a U.S. department of justice form I-9.

The Contractor warrants that Contractor is in compliance with IRCA and will maintain compliance with IRCA during the term of the contract with the City. Contractor warrants that Contractor has included or will include a similar provision in all written agreements with any subcontractors engaged to perform services under this contract.

Contractor Conduct

Contractors, their employees, and representatives shall conduct themselves in a professional and respectful manner while performing work for the City. Contractors are expected to cooperate with City staff, maintain safety and order, and show courtesy at all times. All individuals must exercise self-discipline, behave responsibly, and respect City property, facilities, and the rights of others. Conduct that endangers the health, safety, or well-being of any person is strictly prohibited.

Unacceptable behavior—including but not limited to profanity, vulgar or discriminatory remarks, obscene gestures, disruptive behavior, threats, harassment, fighting, or any form of physical abuse will not be tolerated and may result in corrective action, removal from the worksite, or other remedies available to the City.

60. STATUTORY CONTRACTING REQUIREMENTS: The following terms apply when required by applicable Texas statute(s):

A. Pursuant to Section 2271.002, Texas Government Code, if Contractor employs ten (10) or more full-time employees and the Contract has a value of $100,000 or more, the Contractor hereby (i) represents that it does not boycott Israel, and (ii) subject to or as otherwise required by applicable federal law, including without limitation 50 U.S.C. Section 4607, agrees it will not boycott Israel during the term of the Contract. As used in the immediately preceding sentence, “boycott Israel” shall have the meaning given such term in Section 2271.001, Texas Government Code.

B. Contractor further represents that (i) it does not engage in business with Iran, Sudan or any foreign terrorist organization and (ii) it is not listed by the Texas Comptroller under Section 2252.153, Texas Government Code, as a company known to have contracts with or provide supplies or services to a foreign terrorist organization. As used in the immediately preceding sentence, “foreign terrorist organization” shall have the meaning given such term in Section 2252.151, Texas Government Code.

C. Pursuant to Section 2274.002, Texas Government Code, if Contractor employs ten (10) or more full-time employees and the Contract has a value of $100,000 or more, the Contractor hereby (i) represents that it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association, and (ii) will not discriminate during the term of the Contract against a firearm entity or firearm trade association. As used in the immediately preceding sentence, “firearm entity”, “firearm trade association”, and discriminate against a firearm entity or firearm trade association” shall have the meaning given such term in Section 2274.001, Texas Government Code.

D. Pursuant to Section 2274.0102, Texas Government Code, for contracts involving critical infrastructure, Contractor hereby represents it is not (i) owned by or the majority of stock or other ownership interest of the company is held or controlled by: (a) individuals who are citizens of China, Iran, North Korea, Russia, or a designated country; or (b) a company or other entity, including a governmental entity, that is owned or controlled by citizens of or is directly controlled by the governments of China, Iran, North Korea, Russia, or a designated country; or (ii) headquartered in China, Iran, North Korea, Russia, or a designated country. As used in the immediately preceding sentence, “critical infrastructure” shall have the meaning given such term in Section 2274.0101, Texas Government Code.

E. Pursuant to Texas Government Code §2252.908 the successful vendor may be requested to file a Certificate of Interested Parties (Form 1295) with the Texas Ethics Commission prior to award of the contract, unless otherwise excepted by state law. Failure to file and send the completed form within five (5) business days of request may be grounds for declaring vendor non-responsive to specifications. Information regarding this form may be found on the Texas Ethics Commission’s website at www.ethics.state.tx.us.

61. FEDERAL CONTRACTING REQUIREMENTS: For projects using Federal funds as identified to the Contractor, all subsequent terms and conditions apply in addition to the ones stated above.

62. FEDERALLY FUNDED PROJECTS: For projects using Federal funds the following shall apply: The City of Plano, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and its Regulations, hereby notifies all bidders that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

63. EQUAL EMPLOYMENT OPPORTUNITY: During the performance of this contract, the Contractor agrees as follows:

(1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:

Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

http://www.ethics.state.tx.us/

(2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

(3) The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information.

(4) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

(5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

(6) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

(7) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

(8) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request the United States to enter into such litigation to…