INVITATION FOR BIDS NO.: 26-100020

CITYWIDE MOWING AND LANDSCAPING

Date Issued: AUGUST 31, 2026

RESPONSES MUST BE RECEIVED NO LATER THAN

10:00 AM CENTRAL TIME, SEPTEMBER 21, 2026

Responses shall be submitted online only using an online portal:

https://www.bidnetdirect.com/texas/princetontx

Interested Respondents shall register to use the online portal BidNet Direct by SOVRA.

Registration is free. Contact SOVRA’s Support Team at 800-835-4603, option 2 for assistance or by email at support@bidnet.com

Pre-Submittal Conference: September 14 2026 at 255 E Monte Carlo Boulevard Princeton, TX 75407 at 2:00 – 3:00 pm. Attendance is not mandatory. Questions received shall be posted on https://www.bidnetdirect.com/texas/princetontx.

Questions can be submitted using the online portal BidNet Direct no later than 5:00 pm CT, on September 15, 2026. Answers shall be provided in writing and posted on BidNet Direct.

Information about this solicitation can be addressed to the following Staff Person:

Maggie Metzner Purchasing Officer Office Phone 972-217-4162

Table of Contents

2.0 INSTRUCTIONS FOR RESPONDENTS

3.0 SCOPE OF WORK

3.1 Ornamental Flower Bed Landscaping and Maintenance – Bid Item 1

3.2 Code Compliance Mowing - Bid Item 2 and 3

3.3 Community Center Mowing - Bid Item 4

3.4 Frequent Commercial Mowing Bi-Weekly – Bid Item 5A

3.5 Frequent Commercial Mowing Weekly – Bid Item 5B

3.6 Heavy Duty Mowing – Bid Item 6

3.7 Non-Toxic Chemical Treatment and Line Trim Mowing – Bid Item 7

3.8 Map 1

3.9 Damage to Roadway Property

3.10 Mowing Distances To Fixed Objects

3.11 Hand Mowing and Trimming

3.12 Local Vendor Preference Program

3.13 Weather Related Delays

3.14 Missed Service, Default Performance, and Procurement of Replacement Services

4.0 SUPPLEMENTAL TERMS & CONDITIONS

5.0 GENERAL TERMS AND CONDITIONS

SIGNATURE PAGE

STANDARD DEFINITIONS

ATTACHMENT A- PRICE SCHEDULE

ATTACHMENT B – COMPANY PROFILE & LIST OF SUB-CONTRACTORS

ATTACHMENT C - CONFLICT OF INTEREST QUESTIONNAIRE FORM

2.0 INSTRUCTIONS FOR RESPONDENTS

Submissions of Statements Bids shall be submitted online following the instructions on the Cover Page. NO RESPONSES SHALL BE ACCEPTED BY EMAIL, MAIL, OR IN-PERSON. Respondent shall submit its response online on or before the due date stated on the Cover Page. All times stated herein are Central Time. Any documents submitted after the posted deadline shall be rejected. Any modification sent after the posted deadline stated on the Cover Page shall be rejected.

Modified Submissions Respondents can modify a submission that has been received prior to the due date stated on the Cover Page through the online portal.

Pre-Submittal Conference Attendance to the Pre-Submittal Conference is not mandatory. Respondents may provide questions in writing through the portal.

Preparation for Submissions Any ambiguity in the submission as a result of omission, error, unintelligible or illegible wording shall be construed in the favor of the City.

Correct Legal Name This submission may be rejected, if Respondent is found to have incorrectly or incompletely stated the name of the entity providing this submission. Respondent shall list both its correct legal name and its doing business as name.

Withdrawal of Submission Respondents may withdraw from consideration prior to the due date. Respondents may also choose not to move forward with a contract award when notified.

Prohibited Financial Interest Respondent warrants and certifies its submission does not include a City Officer or employee, his or her spouse, sibling, parent, child, or other family member within one degree of consanguinity or affinity that has more than 10% financial interest in a subsequently awarded contract. The Texas Ethics Commission Questionnaire (Form CIQ) shall be completed in the event of an award:

https://www.ethics.state.tx.us/data/forms/conflict/CIQ.pdf.

RESTRICTIONS ON COMMUNICATION

Respondents are prohibited from communicating with City employees from the time the IFB has been released until a contract is awarded. These restrictions extend to “thank you” letters, phone calls, emails and any contact that results in the direct or indirect discussion of the IFB and/or offer submitted by Offeror. Violation of this provision by Offeror and/or its agent may lead to disqualification of the offer from consideration.

Exceptions to the restrictions on communication with City employees include:

Offerors may submit written questions, or objections to specifications concerning this solicitation through BidNet Direct on or before the date listed on page 1. Questions received after the stated deadline will not be answered.

Offerors may provide responses to questions asked of them by the Staff Contact Person after responses are received. The Staff Contact Person may request clarification to assist in evaluating the Offeror’s response. The information provided is not intended to change the offer response in any fashion. Such additional information must be provided within two business days from City’s request, when requested in writing. Selected Respondents may attend telephone or in-person interviews at the request of the City, in an attempt to determine the best qualified Offeror.

[END OF SECTION INTENTIONALLY LEFT BLANK]

3.0 SCOPE OF WORK

The City of Princeton is seeking bids to perform mowing for the Development Services, Parks & Recreation, and Public Works Departments. This is considered a non-exclusive contract. The City reserves the right to make multiple awards by bid item, or award all items to a single vendor as determined to be in the City's best interest:

Item Narrative 1 Ornamental Flower Bed Landscaping and Maintenance (See Map – Purple) 2 Light Duty Code Compliance Mowing – Less than 0.25 Acre 3 Light Duty Code Compliance Mowing – 0.25 Acre - 0.50 Acre 4 Community Center Landscaping (416 N. 4th Street, Princeton, TX 75407)

5A Frequent Commercial Mowing – Bi-Weekly (See Map - Yellow) 5B Frequent Commercial Mowing – Weekly (See Map – Green) 6 Heavy Duty Mowing (See Map - Blue) 7 Non-Toxic Chemical Treatment and Line Trim Mowing (See Map - Red)

The Local Vendor Preference Program will apply to this solicitation. A local vendor may be within 5% of the lowest non-local vendor’s bid and be recommended for award. In the event of a tie, then the local vendor would be recommended for award.

This contract is for a one-year term and up to two (2) one-year renewals. A responsible bidder may be awarded one or more bid items. The City may choose to award all, some, or none of the bid items listed in the scope of work at its discretion.

3.1 Ornamental Flower Bed Landscaping and Maintenance – Bid Item 1 There are approximately 0.98 acres of ornamental flower bed landscaping and maintenance to be performed as Bid Item 1. Provide landscaping and maintenance of ornamental flower beds to enhance the appearance and health of landscaped areas.

Services include soil preparation, planting, bed edging, mulching, weed control, pruning, fertilization, irrigation inspection, trimming shrubs and ornamental tree pruning, and replacement of damaged or declining plants.

Seasonal color rotations will be performed throughout the year to maintain an attractive landscape. Typical plantings include pansies and snapdragons in spring; vinca, lantana, pentas, and angelonia in summer; chrysanthemums, celosia, and ornamental kale in fall;

and pansies, violas, and ornamental cabbage in winter. Perennials and ornamental grasses may also be incorporated to provide year-round color and texture.

Sample Seasonal Planting Calendar – North Texas

• Winter (December–February): Pansies, violas, ornamental cabbage, ornamental kale, cyclamen, dusty miller.

• Spring (March–May): Snapdragons, dianthus, petunias, alyssum, salvia, marigolds, begonias.

• Summer (June–September): Vinca, lantana, pentas, angelonia, zinnias, esperanza, ornamental grasses.

• Fall (October–November): Chrysanthemums, celosia, ornamental peppers, asters, pansies, ornamental kale and cabbage.

Mulch will be replenished as needed, bed edges maintained, and all landscape debris removed during service visits. All work shall be performed in accordance with accepted horticultural practices to ensure healthy, attractive, and well-maintained flower beds throughout the year.

Respondents may walk the areas that are accessible to the general public without prior approval. There shall be no access behind the fenced police patrol parking area located at the Municipal Center, however the area is clearly visible to passersby and vegetation can be viewed along the perimeter to gain understanding of expectations.

Task Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total Edging 2 2 4 4 4 4 2 2 4 4 2 2 36 Ornamental Bed Maint.

2 2 4 4 4 4 2 2 4 4 2 2 36

Trim Shrubs 0 0 1 1 1 1 1 1 1 1 0 0 8 Trim Trees 0 1 0 0 0 0 0 0 0 0 0 0 1 Weed Control 2 2 4 4 4 4 2 2 4 4 2 2 36

Herbicide and pesticide area already under contract through a different initiative.

3.2 Code Compliance Mowing - Bid Item 2 and 3

The Development Services Department may, on an as-needed basis, contact the Selected Respondent to provide mowing services for private, vacant, and dilapidated properties that have been cited for code violations. As part of its code enforcement efforts, the City may require the mowing and maintenance of overgrown lots to protect public health and safety and to mitigate conditions that may attract pests, rodents, vagrants, and graffiti.

The Selected Respondent would be expected to mow identified property within 5 business days.

Respondents are asked to submit a bid price on lots that are less than 0.25 acre and between 0.25 acre – 0.50 acre. The frequency and volume of service requests will vary based on code enforcement activities, and no minimum quantity of work is guaranteed.

Historical code compliance mowing activity is provided below for informational purposes only and should not be construed as a guarantee of future work:

Month 2023 2024 2025 2026

January 0 1 1 0 February 0 0 0 0 March 0 3 0 0 April 0 0 1 0 May 0 0 0 1 June 1 0 11 2 July 0 5 9 TBD August 3 0 1 TBD September 1 1 1 TBD October 3 0 1 TBD November 0 0 4 TBD December 0 1 0 TBD

Selected Respondent may encounter trash and blown debris on lawn in addition to overgrown vegetation. Bulky items may sometimes be present and impede mowing.

Selected Respondent may mow 12” from the bulky item and use an edger for a closer trim. Selected Respondent is expected to trim trees or shrubs that interfere with use of a zero turn mower only. Full tree and shrub maintenance is not requested as part of services to be rendered. Grass may be mowed between 2”- 3”. Grass clippings may be cross-cut/micro-mulched in-place or bagged and removed. Clippings are not permitted to be blown into the street. Leaves, grass, and other organic plant material are a significant source of stormwater pollution and shall not be accepted. Intentional blowing or placing yard debris in the street will cause drainage issues. Frequent intentional blowing into street may be grounds for termination.

3.3 Community Center Mowing - Bid Item 4

The Steve and Judy Deffibaugh Community Center located at 416 N 4th Street, Princeton, Texas is currently under a landscaping contract that expires December 31, 2026. The Selected Respondent is required to maintain the facility's green spaces in a manner that is aesthetically pleasing and commercially reasonable. Services shall include mowing, edging, bush trimming, and ornamental bed maintenance. The Selected Respondent shall be responsible for yard debris removal and disposal. Grass clippings may be cross-cut/micro-mulched in-place, however clippings are not permitted to be blown into the street. Clippings are not permitted to be blown into the street. Leaves, grass, and other organic plant material are a significant source of stormwater pollution and shall not be accepted. Intentional blowing or placing yard debris in the street will cause drainage issues. Frequent intentional blowing into street may be grounds for termination.

Selected Respondent shall adjust mowing between the growing and dormant seasons without further notice from the City point of contact. Service frequency is expected below:

Task Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total Mowing 2 2 4 4 4 4 2 2 4 4 2 2 36 Edging 2 2 4 4 4 4 2 2 4 4 2 2 36 Ornamental Bed Maint.

2 2 4 4 4 4 2 2 4 4 2 2 36

Trim Shrubs 0 0 1 1 1 1 1 1 1 1 0 0 8 Trim Trees 0 1 0 0 0 0 0 0 0 0 0 0 1 Weed Control 2 2 4 4 4 4 2 2 4 4 2 2 36

3.4 Frequent Commercial Mowing Bi-Weekly – Bid Item 5A

Highlighted in yellow on Map 1, are 70.67 acres of City greenspaces, medians, easements, and open space that can easily be mowed with a riding mower. The Selected Respondent is required to maintain the City green spaces in a manner that is aesthetically pleasing and commercially reasonable. Greenspaces adjacent to City Buildings and park land have active debris removal. The Selected Respondent shall be responsible for incidental debris removal and disposal for the areas assigned while conducting service.

Grass clippings may be cross-cut/micro-mulched in-place, however clippings are not permitted to be blown into the street and clog drainage. Frequent intentional blowing into street may be grounds for termination.

These areas are expected to have finish mowing quality that uses commercial grade equipment to provide clean uniform, and manicured appearance. Mowing height is expected to be between 2-4 inches depending on the turf and intended use which shall be discussed upon contract award. These are highly visible public space areas. Rough mows shall not be accepted. Rough mowing will automatically trigger a re-mow at no additional cost to the City.

Selected Respondent shall adjust moving between the growing and dormant seasons without further notice from the City point of contact. These locations have high visibility and are estimated to have approximately 24 mows per year. Mowing frequency may be impacted by inclement weather and should be planned accordingly. The City shall pay the Selected Respondent for actual mowing completed. Bids for fixed monthly rates shall not be accepted.

Estimated service frequency is as follows:

Task Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total Mowing 2 2 2 2 2 2 2 2 2 2 2 2 24

Edging 2 2 2 2 2 2 2 2 2 2 2 2 24

The City shall establish a specific mowing schedule upon award.

3.5 Frequent Commercial Mowing Weekly – Bid Item 5B

Highlighted in green on Map 1, are 105.11 acres of City greenspaces, medians, easements, and open space that can easily be mowed with a riding mower. The Selected Respondent is required to maintain the City green spaces in a manner that is aesthetically pleasing and commercially reasonable. Greenspaces adjacent to City Buildings and park land have active debris removal. The Selected Respondent shall be responsible for incidental debris removal and disposal for the areas assigned while conducting service.

Grass clippings may be cross-cut/micro-mulched in-place, however clippings are not permitted to be blown into the street and clog drainage. Frequent intentional blowing into street may be grounds for termination.

These areas are expected to have finish mowing quality that uses commercial grade equipment to provide clean uniform, and manicured appearance. Mowing height is expected to be between 2-4 inches depending on the turf and intended use which shall be discussed upon contract award. These are highly visible public space areas. Rough mows shall not be accepted. Rough mowing will automatically trigger a re-mow at no additional cost to the City.

Selected Respondent shall adjust moving between the growing and dormant seasons without further notice from the City point of contact. These locations have high visibility and are estimated to have approximately 48 mows per year. Mowing frequency may be impacted by inclement weather and should be planned accordingly. The City shall pay the Selected Respondent for actual mowing completed. Bids for fixed monthly rates shall not be accepted.

Estimated service frequency is as follows:

Task Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total Mowing 4 4 4 4 4 4 4 4 4 4 4 4 48

Edging 4 4 4 4 4 4 4 4 4 4 4 4 48

The City shall establish a specific mowing schedule upon award.

3.6 Heavy Duty Mowing – Bid Item 6

Highlighted in blue on Map 1 are easements, rights-of-way, stormwater drainage, and land parcels that are best mowed with a tractor-shredder combo. Heavy Duty Mowing is measured at 212.91 acres. These mowing areas are minimally maintained and require the use of a commercial grade, shredder, to mow heights between 4-8 inches. Some areas may have blown debris into over thick vegetation and should be considered to have a quick visual sweep prior to beginning work. City shall not be responsible for broken blades or damage to tractor due to blown debris or perpetrated by vandals.

Mowing frequencies shall be based on vegetation growth and seasonal conditions.

Obstacles are to be avoided when practical and are to be trimmed around with precision.

The mowing quality shall be a rough mow for functional appearance that shall be less frequent with limited to zero trimming.

Estimated service frequency is as follows:

Task Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total Mowing 1 1 1 1 1 1 1 1 8

3.7 Non-Toxic Chemical Treatment and Line Trim Mowing – Bid Item 7 Highlighted red on Map 1 are 4.29 Acres of green space adjacent to lift stations and other properties that require maintenance to prevent organic matter from sprouting through concrete slabs or are adjacent to concrete islands. Some sections have small green spaces that make it impractical for a zero-turn mower and is best managed with trim mowing and non-toxic chemical treatment. Respondent shall provide the non-toxic chemical treatment that shall be applied and attach a Safety Material Data Sheet of the chemical treatment that shall be used. Products shall be used in accordance with manufacturer labeling and all applicable TCEQ, EPA, and Texas Agriculture Code requirements.

Respondents are to self-certify that stormwater pollutants shall not be used. Princeton, TX is located in Collin County and is subject to Texas Agriculture Code, Chapter 76.

Please refer to the Texas Commission on Environmental Quality website for prohibited chemicals: https://www.tceq.texas.gov/downloads/drinking-water/notices/chemical. Any TCEQ fines assessed for violations shall be passed on to the Selected Respondent if the City is cited for ground water pollution.

3.8 Map 1

Respondents are to use the attached link to review the GIS map that highlights expected mowing:

https://princetontx.maps.arcgis.com/apps/dashboards/ac8a2c5da601401b8fe1204e15e 3124b

• Ornamental Flower Bed Landscaping and Maintenance (See Map Purple) – 0.98 Acres.

• Frequent Commercial Mowing Bi-Weekly (See Map - Yellow) – 70.67 Acres.

• Frequent Commercial Mowing Weekly (See Map – Green) -105.11Acres.

• Heavy Duty Mowing (See Map - Blue) – 212.91 Acres.

• Non-Toxic Chemical Treatment and Line Trim Mowing (See Map - Red) 4.29 Acres.

The GIS map link allows viewers to zoom in for closer review of the rights of ways, easements, land, and areas for Bid Items 1, 4, 5A, 5B, and 6.

https://www.tceq.texas.gov/downloads/drinking-water/notices/chemical https://princetontx.maps.arcgis.com/apps/dashboards/ac8a2c5da601401b8fe1204e15e3124b https://princetontx.maps.arcgis.com/apps/dashboards/ac8a2c5da601401b8fe1204e15e3124b

3.9 Damage to Roadway Property

The contractor shall carry out operations in such a manner so as to not damage existing ground areas, trees, shrubs, signs, delineator posts, mailboxes, fences and posts, or other roadside features. The contractor shall not mow in wet conditions where turf damage or rut damage would occur. In the event damage should occur to any of the above mentioned features, regardless if it is City or private property, the contractor shall replace or repair the damaged areas or items at no cost to the City. The operator shall straighten delineators and signs that are bent over during the mowing operations at the time damage occurs. In the event roadway traffic control and/or warning signs are damaged beyond repair, the operator shall notify the Department Contact immediately so that replacement of the damaged sign(s) can be made. The cost of any repair and/or replacement of damaged City property if cannot be repaired or replaced, an estimated replacement cost (determined by the City) shall be deducted from any payment due to the contractor before that mowing cycle payment. The cost of repair and/or replacement of damaged private property shall be the responsibility of the contractor and the property owner, with no involvement of the City.

3.10 MOWING DISTANCES TO FIXED OBJECTS

Large tractor mowers should mow as close to signs, poles and markers as possible but no further than 12”. It is the contractor’s duty to check the areas to be mowed prior to mowing for fixed objects such as gas meters/risers, telephone pedestals, electrical pedestals, signs, object markers, etc. Damage to any fixed object by the contractor is his/her responsibility for repair/replacement.

3.11 HAND MOWING AND TRIMMING

Awarded Respondent will trim to the base of signs, poles, gas meters/risers, telephone pedestals, electrical pedestals, object markers, trees, culverts, guard rails, etc. that are within the designated mowing areas up to and including vegetation growing in the R.O.W.

fence, as a part of each mowing cycle.

3.12 LOCAL VENDOR PREFERENCE PROGRAM

The City of Princeton prefers to award contracts to local businesses and is willing to pay up to 5% more to a local business in Princeton, TX address listed on its IRS Form W9, or a business headquartered elsewhere but maintains a physical office location in Princeton, TX. A post office box, virtual office, mail forwarding service, or shared workspace without regularly staffed employees shall not qualify as a physical office location.

Local bidders whose submitted price exceeds 5% of the lowest non-local bidder will be awarded to the non-local bidder as the lowest responsive bid. Local business must not exceed 5% of the lowest non-local bid to participate in the Local Vendor Preference Program.

3.13 Weather Related Delays

The City of Princeston follows the Princeton ISD School closure for weather related incidents. Other weather-related delays shall be reported to the City within 24 hours of the scheduled service date. The Contractor shall provide a revised schedule and complete service within three (3) business days after conditions become suitable.

3.14 Missed Service, Default Performance, and Procurement of

Replacement Services The Awarded Respondent shall perform services in accordance with the requirements of the executed Contract. Failure to perform required services or reschedule within one week of the timeframe established by the City, shall constitute a service deficiency.

If the Contractor fails to perform a scheduled mowing cycle, fails to complete all required areas, abandons work in progress, or otherwise fails to provide services in accordance with the Contract requirements, the City may provide notice of the deficiency and require corrective action within a timeframe determined by the City. In situations affecting public safety, code compliance, aesthetics, or other operational needs of the City, the City may proceed immediately with corrective action without prior notice.

If the Contractor fails to correct the deficiency within the time prescribed by the City, or if the City determines that immediate action is necessary, the City may obtain replacement services from another contractor or through any other lawful means. The Contractor shall be responsible for all additional costs incurred by the City above the Contract price for the affected service.

The City may deduct from any payment due to the Contractor the difference between:

1. The amount that would have been payable to the Contractor under this Contract for the incomplete, deficient, or missed service; and

2. The actual cost incurred by the City to procure replacement services from another source.

If the cost of replacement services exceeds the amount otherwise due to the Contractor, the Contractor shall reimburse the City for the excess amount within thirty (30) calendar days of receiving written notice from the City. The City may recover such amounts through deduction from future invoices, demand for payment, performance security, or any other remedy available under law or this Contract.

In addition to any cost recovery, the City may reject all or part of an invoice for services that were not satisfactorily completed. For partially completed work, payment may be reduced proportionately based upon the City's determination of the value of services actually performed and accepted.

Repeated deficiencies, including two (2) or more missed mowing cycles, failure to respond to corrective action notices, or a pattern of substandard performance, may be deemed a material breach of Contract and may result in termination for default, suspension of work assignments, or both.

The remedies contained herein are cumulative and shall not limit any other rights or remedies available to the City under this Contract or applicable law.

4.0 SUPPLEMENTAL TERMS & CONDITIONS

Original Contract Term.

This contract shall begin upon the effective date of the ordinance awarding the contract, or date specified in the award letter. This contract shall be for a one-year term with up to two (2) one-year renewals. This contract shall terminate upon completion of all work described herein or delivery of all goods ordered, as applicable.

Force Majeure.

Should performance of any obligation created under this Agreement become illegal or impossible by reason of fire, flood, storm, epidemic, pandemic, or other national or regional emergency, act of God, governmental authority, or the common enemy, or the result of war, riot, civil commotion, sovereign conduct, or any other cause not enumerated herein but which is beyond the reasonable control of the Party whose performance is affected, then the performance of any such obligation is suspended during the period of, and only to the extent of, such prevention or hindrance, provided the affected Party provides reasonable notice of the event of force majeure and exercises all reasonable diligence to remove the cause of force majeure.

Insurance.

Prior to the commencement of purchase and delivery of equipment under this Agreement, CONTRACTOR must provide a completed Certificate(s) of Insurance to CITY’s Princeton Finance Department. The certificate must be:

• clearly labeled with the legal name of the event in the Description of Operations block;

• completed by an agent and signed by a person authorized by the insurer to bind coverage on its behalf (CITY will not accept Memorandum of Insurance or Binders as proof of insurance); and

• properly endorsed and have the agent’s signature, and phone number.

Certificates may be mailed or sent via email, directly from the insurer’s authorized representative. CITY shall have no duty to pay or perform under this Agreement until such certificate and endorsements have been received and approved by CITY. No officer or employee shall have authority to waive this requirement.

If the City does not receive copies of insurance endorsement, then by executing this Agreement, CONTRACTOR certifies and represents that its endorsements do not materially alter or diminish the insurance coverage for this contract.

The City reserves the right to modify the insurance coverages, their limits, and deductibles prior to the scheduled event or during the effective period of this Agreement based on changes in statutory law, court decisions, and changes in the insurance market which presents an increased risk exposure.

CONTRACTOR shall obtain and maintain in full force and effect for the duration of this Agreement, at CONTRACTOR’S sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best’s rating of no less than A- (VII), in the following types and for an amount not less than the amount listed below. If the CONTRACTOR claims to be self-insured, they must provide a copy of their declaration page so the CITY can review their deductibles:

TYPE AMOUNTS

1. Workers' Compensation

2. Employers' Liability

Statutory $1,000,000/$1,000,000/$1,000,000

3. Commercial General Liability Insurance to include coverage for the following:

a. Premises/Operations

b. Products/Completed Operations

c. Personal/Advertising Injury

d. Contractual Liability

e. Independent Contractors*

f. Damage to property rented by you*

For Bodily Injury and Property Damage of $1,000,000 per occurrence;

$2,000,000 General Aggregate, or its equivalent in Umbrella or Excess Liability Coverage

*f) $300,000

4. Business Automobile Liability

a. Owned/leased vehicles

b. Non-owned vehicles

c. Hired Vehicles

Combined Single Limit for Bodily Injury and Property Damage of $1,000,000 per occurrence

*5.Products liability $1,000,000 per occurrence;

$2,000,000 general aggregate, or its equivalent in Umbrella or Excess Liability Coverage.

*If Applicable

CONTRACTOR must require, by written contract, that all subcontractors providing goods or services under this Agreement obtain the same insurance coverages required of CONTRACTOR and provide a certificate of insurance and endorsement that names CONTRACTOR and CITY as additional insureds. CONTRACTOR shall provide CITY with subcontractor certificates and endorsements before the subcontractor starts work.

If a loss results in litigation, then the CITY is entitled, upon request and without expense to the City, to receive copies of the policies, declaration page and all endorsements.

CONTRACTOR must comply with such requests within 10 days by submitting the requested insurance documents to the CITY at the following address:

City of Princeton

Finance Department 2000 E Princeton Dr.

Princeton, Texas 75407

CONTRACTOR’s insurance policies must contain or be endorsed to contain the following provisions:

• Name CITY and its officers, officials, employees, volunteers, and elected representatives as additional insureds by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with CITY. The endorsement requirement is not applicable for workers’ compensation and professional liability policies.

• Endorsement that the “other insurance” clause shall not apply to CITY where CITY is an additional insured shown on the policy. CITY’s insurance is not applicable in the event of a claim.

• Contractor shall submit a waiver of subrogation to include, workers’ compensation, employers’ liability, general liability and auto liability policies in favor of CITY; and

• Provide 30 days advance written notice directly to CITY of any suspension, cancellation, non-renewal or materials change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium.

Within five (5) calendar days of a suspension, cancellation, material change in coverage, or non-renewal of coverage, CONTRACTOR shall provide a replacement Certificate of Insurance and applicable endorsements to CITY. CITY shall have the option to suspend CONTRACTOR’S performance should there be a lapse in coverage at any time during this Agreement. Failure to provide and to maintain the required insurance shall constitute a material breach of this Agreement.

In addition to any other remedies CITY may have upon CONTRACTOR’S failure to provide and maintain any insurance or policy endorsements to the extent and within the time required, CITY may order CONTRACTOR to stop work and/or withhold any payment(s) which become due to CONTRACTOR under this Agreement until CONTRACTOR demonstrates compliance with requirements.

Nothing contained in this Agreement shall be construed as limiting the extent to which CONTRACTOR may be held responsible for payments of damages to persons or property resulting from CONTRACTOR’S or its subcontractors’ performance of the work covered under this Agreement.

CONTRACTOR’S insurance shall be deemed primary and non-contributory with respect to any insurance or self - insurance carried by City for liability arising out of operations under this Agreement.

The insurance required is in addition to and separate from any other obligation contained in this Agreement and no claim or action by or on behalf of City shall be limited to insurance coverage provided.

CONTRACTOR and any subcontractor are responsible for all damage to their own equipment and/or property resulting from their own negligence.

Incorporation of Attachments.

Each of the attachments listed below is an essential part of this contract, which governs the rights and duties of the parties, incorporated herein by reference, and shall be interpreted in the order of priority as appears below, with this document taking priority over all attachments:

Attachment A – Price Schedule Attachment B – Company Profile & List of Sub-Contractors Attachment C – Conflict of Interest Questionnaire

5.0 GENERAL TERMS AND CONDITIONS

Delivery of Goods/Services.

Destination Contract. Vendor shall deliver all goods and materials F.O.B., City of Princeton’s designated facility, inside delivery, freight prepaid, to the address provided in this solicitation or, if different, in the Purchase Order. Vendor shall bear the risk of loss until delivery. Freight charges will be paid only when expedited delivery is requested and approved in writing by City. Vendor shall be responsible for furnishing necessary personnel or equipment and/or making necessary arrangements to off load at City of Princeton facility, unless otherwise noted herein.

Failure to Deliver. When delivery is not met as provided for in the contract, City may make the purchase on the open market, with any cost in excess of the contract price paid by Vendor, in addition to any other direct, indirect, consequential or incidental damages incurred by City as a result thereof. In addition, Vendor may be removed from City’s list of eligible bidders.

Purchase Orders. Each time a City department wishes to place an order against this contract, it will issue Vendor a purchase order. Vendor must have the purchase order before making any delivery.

Acceptance by City. City shall have a reasonable time (but not less than 30 days) after receipt to inspect the goods and services tendered by Vendor. City at its option may reject all or any portion of such goods or services which do not, in City’s sole discretion, comply in every respect with all terms and conditions of the contract. City may elect to reject the entire goods and services tendered even if only a portion thereof is nonconforming. If City elects to accept nonconforming goods and services, City, in addition to its other remedies, shall be entitled to deduct a reasonable amount from the price thereof to compensate City for the nonconformity. Any acceptance by City, even if non-conditional, shall not be deemed a waiver or settlement of any defect in such goods and services.

Testing. After award of contract, City may, at its sole option, test the product delivered to ensure it meets specifications. Initial testing shall be at City’s expense. However, if the product does not to meet specifications, Vendor shall reimburse City for the costs of testing. City may withhold the cost of testing from any amounts owed to Vendor under this or any other contract, or invoice Vendor for same. If invoiced, Vendor shall pay City within 30 calendar days’ of the invoice.

Invoicing and Payment.

Invoice Submissions. City requires all original first time invoices to be submitted directly to the Accounts Payable section of the Finance Department. The preferred method of delivery is electronically to the following e-mail address:

accountspayable@princetontx.us

Invoices submitted electronically to the e-mail address above must be in separate pdf format file. Multiple invoices cannot be submitted in a single .pdf file; however, Vendor may submit multiple, separate invoice files in a single e-mail. Any required documentation in support of the invoice should be compiled directly behind the invoice in the same .pdf file. Each electronically submitted file must have a unique identifying name that is not the same as any other file name.

Invoices submitted by electronic submission are only considered “original” when the submission comes directly from the Vendor to Accounts Payable using this e-mail address. Vendor may courtesy copy the ordering City department personnel on the e-mail.

Vendors not able to submit invoices with the required file formatting above may mail original invoices, on white paper only, to: City of Princeton, Attn: Accounts Payable, 2000 E Princeton, Princeton, Texas 75407.

Information Required on Invoice.

All invoices must be in a form and content approved by the City. City may require modification of invoices if necessary in order to satisfy City that all billing is proper and pursuant to the terms of the contract. Invoices are required to show each City Purchase Order Number. Invoices must be legible. Items billed on invoices must be specific as to applicable stock, manufacturer, catalog or part number (if any). All invoices must show unit prices for each item being billed, the quantity of items being billed and the total for each item, as well as the total for all items on the invoice. If prices are based on list prices basis, then the list prices, the percentage discount or percentage surcharge, net unit prices, extensions and net total prices must be shown. Prompt payment discounts offered shall be shown separately on the invoice.

Payment by City.

In accordance with the Texas Prompt Payment Act, City shall have not less than 30 days to pay for goods or services. Time for payment, including payment under discount terms, will be computed from the later of: (1) the date City receives conforming goods under the contract; (2) the date performance of the service under the contract is completed; or (3) the date City receives a correct and valid invoice for the goods or services. Payment is deemed to be made on the date of mailing of the check. Payment is made in US dollars only.

This provision shall not apply where there is a bona fide dispute between City and Vendor about the goods delivered or the service performed that causes the payment to be late, or where the invoice is not mailed to the address provided herein.

The payment amount due on invoices may not be manually altered by City personnel.

Once disputed items are reconciled, Vendor must submit a corrected invoice or a credit memorandum for the disputed amount.

NECESSITY OF TIMELY INVOICE / WAIVER OF PAYMENT. NOTWITHSTANDING THE

FORGOING, CITY CANNOT PAY FOR ANY GOODS OR SERVICES WITHOUT AN

INVOICE. VENDOR MUST INVOICE CITY NO LATER THAN 90 CALENDAR DAYS

FROM THE DATE GOODS ARE DELIVERED OR SERVICES RENDERED. FAILURE

TO SUBMIT AN INVOICE WITHIN SAID 90 DAY SHALL NEGATE ANY LIABILITY ON

THE PART OF CITY AND CONSTITUTE A WAIVER BY VENDOR OF ANY AND ALL

RIGHT OR CLAIMS TO COLLECT MONIES THAT VENDOR MAY RIGHTFULLY BE

OTHERWISE ENTITLED TO FOR GOODS OR SERVICES PERFORMED.

The total price for all goods and/or services is shown on the Price Schedule. No additional fees or expenses of Vendor shall be charged by Vendor nor be payable by City. The parties hereby agree that all compensable expenses of Vendor are shown on the Price Schedule. If there is a discrepancy on the Price Schedule between the unit price for an item, and the extended price, the unit price shall govern.

Amendments. Except where the terms of this contract expressly provide otherwise, any alterations, additions, or deletions to the terms hereof, shall be effected by amendment, in writing, executed by both City and Vendor. Only the Finance Department – Purchasing Division shall have authority to review and execute amendments to this contract as allowed following the City of Princeton Purchasing Policy and Procedures

Price Changes. Contractor may submit a new annual pricing schedule up to 90 days prior to the renewal date. Price increases shall be subject to and contingent upon appropriation of funds for any increase in expenditures by City. Price increases are limited to the US Bureau of Labor Statistics, Consumer Price Index for the Dallas, Texas Metro Area.

Change Order. No price change shall increase above 25% of the original contract values authorized by City Council. The City may choose to add or remove locations to this contract. No increase or decrease shall be greater than 25%

Termination.

Termination-Breach. Should vendor fail to fulfill in a timely and proper manner, as determined solely by the Director, its material obligations under this contract, or violate any of the material terms of this contract, City shall have the right to immediately terminate the contract in whole or in part. Notice of termination shall be provided in writing to the Vendor, effective upon the date set forth in the notice.

City may, in City’s sole discretion, provide an opportunity for Vendor to cure the default. If City elects to offer an opportunity to cure, City shall provide notice to Vendor specifying the matters in default and the cure period. If Vendor fails to cure the default within the cure period, City shall have the right, without further notice, to terminate the contract in whole or in part. Such termination shall not relieve Vendor of any liability to the City for damages sustained by virtue of any breach by Vendor.

Termination-Notice. City may terminate this contract, in whole or in part, without cause. City shall be required to give Vendor notice ten days prior to the date of termination of the contract without cause.

Termination-Funding. City retains the right to terminate this contract at the expiration of each of City’s budget periods. This contract is conditioned on a best efforts attempt by City to obtain and appropriate funds for payment of any debt due by City herein.

Termination by City may be effected by City Manager, Chief Financial Officer, Purchasing Officer, or Department Director administering the contract, without further action by the Princeton City Council.

Independent Contractor. Vendor covenants and agrees that it is an independent contractor and not an officer, agent, servant or employee of City. City shall not be liable for any claims which may be asserted by any third party occurring in connection with the services to be performed by Vendor under this contract and that Vendor has no authority to bind City. The doctrine of respondeat superior shall not apply as between City and Vendor.

INDEMNIFICATION.

VENDOR covenants and agrees to FULLY INDEMNIFY, DEFEND and HOLD HARMLESS, CITY and the elected officials, employees, officers, directors, volunteers and representatives of CITY, individually and collectively, from and against any and all costs, claims, liens, damages, losses, expenses, fees, fines, penalties, proceedings, actions, demands, causes of action, liability and suits of any kind and nature, including but not limited to, personal or bodily injury, death and property damage, made upon CITY directly or indirectly arising out of, resulting from or related to VENDOR’S activities under this Agreement, including any acts or omissions of VENDOR, any agent, officer, director, representative, employee, consultant or subcontractor of VENDOR, and their respective officers, agents employees, directors and representatives while in the exercise of the rights or performance of the duties under this Agreement. The indemnity provided for in this paragraph shall not apply to any liability resulting from the negligence of CITY, its officers or employees, in instances where such negligence causes personal injury, death, or property damage. IN THE

EVENT VENDOR AND CITY ARE FOUND JOINTLY LIABLE BY A COURT OF

COMPETENT JURISDICTION, LIABILITY SHALL BE APPORTIONED

COMPARATIVELY IN ACCORDANCE WITH THE LAWS FOR THE STATE OF

TEXAS, WITHOUT, HOWEVER, WAIVING ANY GOVERNMENTAL IMMUNITY

AVAILABLE TO CITY UNDER TEXAS LAW AND WITHOUT WAIVING ANY

DEFENSES OF THE PARTIES UNDER TEXAS LAW. In addition, Vendor agrees to indemnify, defend, and hold City harmless from any claim involving patent infringement, trademarks, trade secrets, and copyrights on goods supplied.

The provisions of this INDEMNITY are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. VENDOR shall advise CITY in writing within 24 hours of any claim or demand against CITY or VENDOR known to VENDOR related to or arising out of VENDOR's activities under this AGREEMENT and shall see to the investigation and defense of such claim or demand at VENDOR's cost. CITY shall have the right, at its option and at its own expense, to participate in such defense without relieving VENDOR of any of its obligations under this paragraph.

Assignment. Except as otherwise stated herein, Vendor may not sell, assign, pledge, transfer or convey any interest in this contract, nor delegate the performance of any duties hereunder, by transfer, by subcontracting or any other means, without the consent of City.

As a condition of such consent, if such consent is granted, Vendor shall remain liable for completion of the services and provision of goods outlined in this contract in the event of default by the successor vendor, assignee, transferee or subcontractor. Any attempt to transfer, pledge or otherwise assign this Contract without said written approval, shall be void ab initio and shall confer no rights upon any third person.

Ownership of Documents. Pursuant to Texas Local Government Code Chapter 201, any and all Records produced by Vendor pursuant to the provisions of this contract are the exclusive property of City; and no such Record shall be the subject of any copyright or proprietary claim by Vendor. The term “Record” as used herein shall mean any document, paper, letter, book, map, photograph, sound or video recording, microfilm, magnetic tape, electronic medium, or other information recording medium, regardless of physical form or characteristic. Vendor understands and acknowledges that as the exclusive owner of any and all such Records, City has the right to use all such Records as City desires, without restriction.

Records Retention.

Vendor and its subcontractors, if any, shall properly, accurately and completely maintain all documents, papers, and records, and other evidence pertaining to the services rendered hereunder (“Documents”), and shall make such Documents available to City at their respective offices, at all reasonable times and as often as City may deem necessary during the contract period, including any extension or renewal hereof, and the record retention period established herein, for purposes of audit, inspection, examination, and making excerpts or copies of same by City and any of its authorized representatives.

Vendor shall retain any and all Documents produced as a result of services provided hereunder for a period of four years (“Retention Period”) from the date of termination of the contract. If, at the end of the Retention Period, there is litigation or other questions arising from, involving or concerning these Documents or the services provided hereunder, Vendor shall retain the records until the resolution of such litigation or other such questions. Vendor acknowledges and agrees that City shall have access to any and all such Documents at any and all times, as deemed necessary by City, during said Retention Period. City may, at its election, require Vendor to return the documents to City at Vendor’s expense prior to or at the conclusion of the Retention Period. In such event, Vendor may retain a copy of the documents.

Vendor shall notify City, immediately, in the event Vendor receives any requests for information from a third party, which pertain to the Documents referenced herein. Vendor understands and agrees that City will process and handle all such requests.

By submitting an Offer, Offeror warrants and certifies, and a contract awarded pursuant to this RFO is made in reliance thereon, that it, has not knowingly or intentionally failed to comply with this subchapter in a previous offer or contract. City hereby relies on Vendor’s certification, and if found to be false, City may reject the offer or terminate the Contract for material breach.

Severability. If any clause or provision of this contract is held invalid, illegal or unenforceable under present or future federal, state or local laws, including but not limited to the City Charter, City Code, or ordinances of the City of Princeton, Texas, then and in that event it is the intention of the parties hereto that such invalidity, illegality or unenforceability shall not affect any other clause or provision hereof and that the remainder of this contract shall be construed as if such invalid, illegal or unenforceable clause or provision was never contained herein. It is also the intention of the parties hereto that in lieu of each clause or provision of this contract that is invalid, illegal, or unenforceable, there be added as a part of the contract a clause or provision as similar in terms to such invalid, illegal or unenforceable clause or provision as may be possible, legal, valid and enforceable.

Compliance with Law. Vendor shall provide and perform all services required under this Agreement in compliance with all applicable federal, state and local laws, rules and regulations.

Certifications. Vendor warrants and certifies that Vendor and any other person designated to provide services hereunder has the requisite training, license and/or certification to provide said services, and meets all competence standards promulgated by all other authoritative bodies, as applicable to the services provided herein.

Non-waiver of Performance. Unless otherwise specifically provided for in this Agreement, a waiver by either Party of a breach of any of the terms,…