IFQ_6200_BLJ1023_IFQ_PAC_1_v1.pdf

CITY OF AUSTIN

Purchasing Office

Invitation for Quotation

IFQ 6200 BLJ1023

Non-nuclear, Handheld Asphalt Density

Gauge Bid Due: 02/13/2026 at 3:00 PM

The purchase of a non-nuclear, handheld asphalt density gauge with accessories which will be used to measure pavement density on overlay and other pavement projects of the Austin Transportation and Public Works Department, Street & Bridge Operations.

Brenda Jimenez

512-974-7955

TPWPurchasing@austintexas.gov

Rev. 09/01/2025 Page 1 of 15

Invita�on for Quota�on

Instruc�ons to Respondents of this IFQ

Submit quotes to the email address below using this form and the documents within this atachment. Items quoted must meet or exceed City of Aus�n Specifica�ons. The City reserves the right to determine same or equal status.

The City is exempt from Federal Excise and State Sales Tax therefore, tax must not be included in the quoted price.

All quotes must be submited on FOB Des�na�on basis, with all freight charges included in the item price.

EMAIL OFFER TO: TPWPurchasing@Aus�nTexas.gov

Rev. 09/01/2025 Page 2 of 15

Instruc�ons

1. INVITATION FOR QUOTATIONS (IFQ)

1.1. Invita�on. The City of Aus�n invites you to submit a Quote to provide the goods and/or services described in this Solicita�on.

1.2. Process. No�ces for this IFQ are based on the applicable commodity code(s). If the commodity code(s) had enough cer�fied vendors, an ini�al no�ce is sent via email only to those vendors who are cer�fied through the State of Texas and City as HUBS or M/WBE’s. If the City receives adequate quotes from those cer�fied contractors, the contract will be awarded at that �me. If the City does not receive adequate quotes from the ini�al no�ce, the solicita�on will then be posted online at the City’s Aus�n Finance Online website and a no�ce will be emailed to all vendors registered for the applicable commodity code(s).

1.3. Changes. The City may change or revise any of the contents of this Solicita�on through the issuance of a writen Addendum. Any explana�on, clarifica�on, interpreta�on or change to the Solicita�on made in any other manner is not binding upon the City, and Offerors shall not rely upon such explana�on, clarifica�on, interpreta�on, or change. Oral explana�ons or instruc�ons given before the award of the Contract are not binding.

1.4. Review of Documents. Offerors shall review the en�re Solicita�on, as revised. Offerors shall no�fy the person listed on the Cover Sheet in wri�ng of any omissions, ambigui�es, inconsistencies or errors in the Solicita�on prior to the Offer Due Date and Time. Offerors shall also no�fy the City of any Solicita�on contents the Offeror believes may be unreasonably restric�ve.

2. COMMUNICATIONS

2.1. Ques�ons. Offerors shall submit any ques�ons concerning this Solicita�on in wri�ng via e-mail to the contact person displayed on the Solicita�on Cover Sheet.

3. OFFER PREPARATION

3.1. Offer Submitals. Offerors intending to respond to this Solicita�on shall complete each of the Submital documents. At a minimum Submitals will include a Price Sheet and a signed Offer Sheet.

3.2. Proprietary and Confiden�al Informa�on. All Offers received and opened by the City are subject to the Texas Government Code, Ch. 552, and will be made available to the public. With the excep�on of the Quote Sheet, which shall not be kept confiden�al, Offerors seeking to keep any other por�ons of their Offer confiden�al shall mark each such por�on as “Proprietary”. The City will, to the extent allowed by law, endeavor to protect such informa�on from disclosure. The City may request a review and determina�on from the Atorney General’s Office of the State of Texas, of any contents marked as “Proprietary”. A copyright no�ce or symbol is insufficient to iden�fy proprietary or confiden�al informa�on.

3.3. Materials Specifica�ons/Descrip�ve Literature.

3.3.1. If a Solicita�on refers to a Qualified Products List (QPL), Standard Products List (SPL) or a manufacturer’s name and product, any Offeror offering products not referenced in the solicita�on must submit as part of their Offer materials specifica�ons/descrip�ve literature for the non-referenced product. Materials specifica�ons/descrip�ve literature must be iden�fied to show the item(s) in the Offer to which it applies.

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3.3.2. Material specifica�ons/descrip�ve literature are defined as product manufacturer’s catalog pages, “cut sheets” applicable tests results, or related detailed documents that specify material construc�on, performance parameters, and any industrial standards that are applicable such as ANSI, ASTM, ASME, SAE, NFPA, NBS, EIA, ESL, and NSA. The submited materials specifica�ons/descrip�ve literature must include the manufacturer’s name and product number of the product being offered.

3.3.3. The failure of the materials specifica�ons/descrip�ve literature to show that the product offered conforms to the requirements of the Solicita�on shall result in rejec�on of the Offer.

3.3.4. Failure to submit the materials specifica�ons/descrip�ve literature as part of the Offer may subject the Offer to disqualifica�on from considera�on for award.

4. OFFER EVALUATION

4.1. Basis of Compe��on. The City may compare quotes based on the prices for individual line items, the prices for categories of line items, the aggregate price, or other award basis that is most advantageous to the City.

The City will choose the basis of compe��on that best meets the City’s needs for the resul�ng contracts.

Award will be made to the lowest Offer mee�ng any minimum requirements set forth in the solicita�on.

4.2. Evalua�on. The lowest offer will be reviewed to ensure any minimum qualifica�ons stated in this solicita�on are met. If any minimum qualifica�ons are not met, the City will move to the next Lowest Offer and repeat the process. The City reserves the right to require references from the lowest offeror prior to contract award to confirm minimum qualifica�ons.

5. ADMINISTRATIVE MATTERS

5.1. Solicita�on File. All documents included in this Solicita�on, and all �mely received Offers in response to this Solicita�on, except for Offer contents deemed by Offerors to be proprietary and confiden�al, will be available for public inspec�ons.

5.2. Complaints. Any complaint regarding this solicita�on shall be emailed to the contact listed on the Solicita�on Cover Sheet. The complaints will be reviewed and responded to in a �mely manner.

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TERMS AND CONDITIONS

1. ACCEPTANCE OF CONTRACT: The Contract, including any Addenda, Exhibits, or Atachments incorporated herein by reference cons�tute the en�re agreement between City of Aus�n (“City”) and the Contractor for the materials, equipment, parts, and/or services (herea�er “goods” and/or “services”) described thereon.

Acceptance is limited to the terms stated herein, and any addi�onal or different terms proposed by Contractor shall be of no force and effect and are hereby rejected unless expressly agreed to in wri�ng by the City.

2. PAYMENT TERMS AND DISCOUNTS: Payments shall be paid to Contractor within thirty (30) days con�ngent upon the following:

2.1. Applica�on of payment discounts, if considered to be in the best interest of the City;

2.2. From date of receipt by the City’s Authorized Contact of properly documented invoices as determined by the budgetary and fiscal guidelines of the City;

2.3. On the condi�on that the Contractor has delivered the goods and/or performed the services to the sa�sfac�on of the City. Prices invoiced shall be inclusive of all taxes, fees, surcharges, or other payments unless agreed to in the Work Authoriza�on.

2.3.1. Invoices for goods or services must be submited to the City’s Authorized Contact upon delivery of goods or upon performance of services. If invoices are for goods, invoices should be submited to the City when such goods are delivered to a carrier for final delivery to the City or upon actual delivery of goods to the City by the Contractor. Contractor’s submital of invoices for services shall correlate with the payment schedule agreed upon by the Contractor and the City as evidenced in this Contract. Authorized contact name and mailing address can be found on the purchase order.

3. AUDITS AND RECORDS:

3.1. The Contractor agrees that the representa�ves of the Office of the City Auditor or other authorized representa�ves of the City shall have access to, and the right to audit, examine, or reproduce, any and all records of the Contractor related to the performance under this Contract. The Contractor shall retain all such records for a period of three (3) years a�er final payment on this Contract or un�l all audit and li�ga�on maters that the City has brought to the aten�on of the Contractor are resolved, whichever is longer. The Contractor agrees to refund to the City any overpayments disclosed by any such audit.

3.2. Records Reten�on:

3.2.1. Contractor is subject to City Code chapter 2-11 (Records Management), and as it may subsequently be amended. For purposes of this subsec�on, a Record means all books, accounts, reports, files, and other data recorded or created by a Contractor in fulfillment of the Contract whether in digital or physical format, except a record specifically rela�ng to the Contractor’s internal administra�on.

3.2.2. All Records are the property of the City. The Contractor may not dispose of or destroy a Record without City authoriza�on and shall deliver the Records, in all requested formats and media, along with all finding aids and metadata, to the City at no cost when requested by the City

3.2.3. The Contractor shall retain all Records for a period of three (3) years a�er final payment on this Contract or un�l all audit and li�ga�on maters that the City has brought to the aten�on of the Contractor are resolved, whichever is longer.

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3.3. The Contractor shall include sec�ons A and B above in all subcontractor agreements entered in connec�on with this Contract.

4. FINANCIAL DISCLOSURES AND ASSURANCES: The City may request and review financial informa�on as the City requires to determine the credit worthiness of the Contractor, including but not limited to, annual reports, audited financial statements and reports, bank leters of credit or other credit instruments. Failure of the Contractor to comply with this requirement shall be grounds for termina�ng the Contract.

5. TERMINATION:

5.1. City reserves the right to terminate this Contract at any �me and for any reason, including convenience, with respect to undelivered goods or unperformed services. Such termina�on shall be by writen or electronic no�ce or by oral no�ce confirmed in wri�ng.

5.2. Except as otherwise provided for in this Contract, the City and the Contractor shall consider this Contract terminated upon comple�on of the performance obliga�ons and upon comple�on of payment obliga�ons.

6. DELIVERY: Time is of the essence. If delivery of conforming goods or performance of conforming services is not completed by the �me(s) promised, the City reserves the right, in addi�on to any other rights and/or remedies it may have under the law or in equity, to cancel this Contract, to reject such goods or services in whole or in part on reasonable no�ce to Contractor and/or to purchase subs�tute goods or services elsewhere and charge Contractor with any loss incurred by the City. Any provisions herein for delivery of goods or performance of services by installments shall not be construed as making the obliga�ons of Contractor severable. The City will not accept shipments made by C.O.D.

7. PRICE: The City shall not be billed at prices higher than stated herein unless authorized in wri�ng by the City.

Contractor represents that the prices charged for the goods and/or services covered by this Contract are no greater than the lowest prices charged by Contractor to comparable en��es and that such prices comply with all applicable laws and government regula�ons in effect at �me of quota�ons, sale, delivery, and performance.

Contractor agrees to no�fy the City of any price reduc�on made in goods and/or services covered by this Contract subsequent to the date hereof and prior to delivery or performance of services and Contractor agrees that any such reduc�on will be applicable to this Contract.

8. FORCE MAJEURE: Contractor may be excused from performance under the Contract for any period when performance is prevented as the result of an act of God, strike, war, civil disturbance, epidemic, pandemic, sovereign conduct, or court order provided that the Contractor experiences the event of force majeure and prudently and promptly acts to take any and all steps that are within the Contractor’s control to ensure performance and to shorten the dura�on of the event of force majeure. Contractor shall provide no�ce of the force majeure event to the City within three (3) business days of the event or delay, whichever occurs later, to establish a mutually agreeable period of �me reasonably necessary to overcome the effect of such failure to perform. Subject to this provision, such non- performance shall not be deemed a default or a ground for termina�on. However, the City may terminate an order under the Contract if it is determined by the City that the Contractor will not be able to deliver goods or services in a �mely manner to meet the business needs of the City.

9. WARRANTIES: In addi�on to all warran�es established by law, Contractor hereby warrants and agrees that:

9.1. All goods and services covered by this Contract shall conform to the specifica�ons, drawings, samples or other descrip�ons furnished by the City and shall be merchantable, fit for the purpose intended, of best quality and workmanship and free from all defects. The City shall have the right of inspec�ons and approval

Rev. 09/01/2025 Page 6 of 15 and, in addi�on to its other rights and remedies, reject and return goods or require re-performance of services at Contractor's expense if defec�ve or not in compliance with the City’s specifica�ons and/or scope of work. Defects shall not be deemed waived by the City’s failure to no�fy Contractor upon receipt of goods or comple�on of services or by payment of invoice.

9.2. No disclosure, descrip�on or other communica�on of any sort shall be made by Contractor to any third person of the City’s purchase of goods or services hereunder, or of the details and characteris�cs thereof, without the City’s prior writen consent. Anything furnished to Contractor by the City pursuant to this Contract, including without limita�on samples, drawings, paterns and materials shall be kept confiden�al and remain the property of the City, shall be held at Contractor's risk and shall be returned upon comple�on of performance hereunder, and no disclosure or reproduc�on thereof in any form shall be made without the City’s prior consent in wri�ng.

9.3. All goods delivered pursuant to this Contract and manner of delivery thereof shall conform to standards established for such goods and delivery in accordance with any applicable federal, state, or local laws or regula�ons.

9.4. The use or sale of any goods delivered hereunder, or any part thereof, except goods produced to the City’s drawings or specifica�ons, does not infringe on any adverse and exis�ng patent, copyright, or license.

Contractor agrees to indemnify and hold harmless the City from any such patent, copyright, or license infringement viola�ons. This indemnity provision shall survive any termina�on or expira�on of this Contract.

9.5. The foregoing warran�es shall survive City’s acceptance of goods and performance of services hereunder.

10. LOSS IN TRANSIT AND ENVIRONMENTAL RESPONSIBILITY: Title and risk of loss of goods and services purchased by the City under this Contract shall pass to the City upon acceptance of such goods and/or services.

All shipments made under this Contract, regardless of the designated F.O.B. point, shall be in accordance with all applicable federal, state, or local laws and/or regula�ons, including but not limited to U.S. Department of Transporta�on and U.S. Environmental Protec�on Agency regula�ons for hazardous substances. Prior to the City’s acceptance of such goods and/or services, the City shall not be liable for any discharge, spill or other incident, including but not limited to expenses nor for any clean-up costs involving any materials, equipment, or parts.

11. MARKING: Contractor shall mark each package, container, or shipment clearly with the City’s name, address, contents, and applicable Contract number(s).

12. ASSIGNMENT: Contractor shall not assign or subcontract any of its rights or obliga�ons under this Contract without the prior writen permission of the City. As such, assignment of this Contract or of any interest herein or of any money due or to become due hereunder without the prior writen consent of the City shall be void.

In no event shall the City’s writen permission (if any) be construed as discharging or releasing Contractor from the performance of its obliga�ons specified in this Contract.

13. JURISDICTION AND VENUE: The forma�on, interpreta�on, and performance of this Contract shall be governed by the laws of the State of Texas as applicable to the City of Aus�n. Court of jurisdic�on shall be the state courts in Travis County, Texas.

14. EMPLOYEES, INSURANCE, INDEMNIFICATION:

14.1. In providing goods, materials, equipment, parts or performing services hereunder, Contractor is an independent contractor, with sole responsibility for all persons employed in connec�on therewith, including without limita�on, exclusive liability for the payment of all Federal, State, and Local Unemployment and

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Disability Insurance and all Social Security and/or other taxes and contribu�ons payable in respect of such persons, FROM AND AGAINST WHICH LIABILITY THE CONTRACTOR AGREES TO INDEMNIFY, EXONERATE AND

HOLD HARMLESS THE CITY.

14.2. Prior to the commencement of any services hereunder, Contractor must have purchased insurance to show evidence that at least an appropriate level of personal and business insurance to ensure the City is adequately indemnified for any and all claims related to the Contractor’s performance. At the City’s op�on, higher limits and addi�onal insurance policies may be required. Contractor shall, when required by the terms of the contract or solicita�on documents, provide to the City with cer�ficate of insurance coverage.

14.3. Contractor’s insurance policies, regardless of any like insurance coverage that the City may have, shall be primary with respect to the interest of the City, and any insurance maintained by the City is in excess and not contributory to Contractor’s insurance policies regardless of any like insurance coverage that the City may have.

14.4. Contractor will (or will cause the respec�ve insurance carrier to) provide the City with writen no�ce prior to the cancella�on, termina�on, non-renewal, or any other material change in the policies.

14.5. Nothing in this Contract shall limit Contractor’s liability to the limits of the insurance coverages required hereunder. Contractor shall be solely responsible for payment of all deduc�ble or reten�on amounts pertaining to any insurance policies required herein or by law.

14.6. Where applicable, all insurance policies shall provide for waiver of subroga�on in favor of the City, include cross liability provisions, and all policies, except Workers’ Compensa�on or Professional Liability, shall name the City and its directors, officers, officials, managers, representa�ves, agents, and employees as addi�onal insured, to the extent allowable under such policies.

15. GENERAL LIABILITY AND INDEMNIFICATION: CONTRACTOR SHALL INDEMNIFY AND HOLD HARMLESS THE CITY, INCLUDING ITS OFFICERS, OFFICIALS, EMPLOYEES, OR AGENTS, AGAINST LIABILITY, CLAIMS, DAMAGES, LOSSES OR EXPENSES, INCLUDING ATTORNEY FEES, ONLY TO THE EXTENT THAT THE LIABILITY, DAMAGES, LOSSES OR COSTS ARE CAUSED BY, OR ARISE OUT OF, THE ACTS OR OMISSIONS OF CONTRACTOR OR ITS OFFICERS, EMPLOYEES, OR AGENTS. THIS INDEMNITY PROVISION SHALL SURVIVE ANY TERMINATION OR

EXPIRATION OF THIS CONTRACT.

16. CARE, CUSTODY, AND CONTROL OF SERVICES, PROPERTY, MATERIALS, AND EQUIPMENT: To the extent that Contractor provides goods and/or services, Contractor shall have the full responsibility for and the risk of loss for such goods and/or services, including the City’s furnished property, equipment, and materials under Contractor’s care, custody, control.

17. WAIVER OF CONSEQUENTIAL DAMAGES: NOTWITHSTANDING ANY OTHER PROVISION IN THIS CONTRACT, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR SPECIAL, INDIRECT, NOR CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF THIS CONTRACT, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR BUSINESS INTERRUPTION, HOWEVER SAME MAY BE CAUSED. THIS LIMITATION ON CONSEQUENTIAL DAMAGES DOES NOT APPLY TO CLAIMS FOR PERSONAL INJURY, WRONGFUL DEATH OR DIRECT DAMAGES TO PROPERTY. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR PUNITIVE DAMAGES.

18. COMPLIANCE WITH LAWS AND CITY’S RULES:

18.1. The City of Aus�n is exempt from payment of gross receipts tax on certain and various materials but is subject to such tax on services and certain other materials.

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18.2. The taxable status of any sale of materials or services must be determined by the Contractor's legal counsel or tax consultant. Invoices rendered for addi�onal taxes a�er contract award will not be honored.

18.3. Any bribes, gratui�es or kickbacks of any type are expressly forbidden, and such acts may be subject to civil penalty.

18.4. The Contractor, its Subcontractors, and their respec�ve employees, shall comply fully with all applicable Federal, State, and local health, safety, and environmental laws, ordinances, rules and regula�ons in the performance of the services, including but not limited to those promulgated by the City and by the Occupa�onal Safety and Health Administra�on (OSHA). In case of conflict, the most stringent safety requirement shall govern. The Contractor shall indemnify and hold the City harmless from and against all claims, demands, suits, ac�ons, judgments, fines, penal�es, and liability of every kind arising from the breach of the Contractor’s obliga�ons under this Paragraph.

18.5. Wage The�: This Solicita�on is subject to City Code, Chapter 4-22 Wage The� (Ordinance No. 20221201- 031 | Code of Ordinances | Aus�n, TX | Municode Library). In accordance with City Code, Ch. 4-22, any Employer that submits an Offer to the City is required to provide cer�fica�on (see the Employer Cer�fica�on Wage The� Ordinance – Responsibility Criteria included in this the Solicita�on) that they have not been adjudicated for Wage The� related incidents within five (5) years prior to the date set forth within the Employer Cer�fica�on Wage The� Ordinance – Responsibility Criteria. Addi�onally, City Code, Ch. 4-22 Wage The�, requires all Employers to complete a training program designed by the Wage The� Coordinator on federal and state wage laws and the provisions of City Code, Ch. 4-22 Wage The�. All Employers must complete the City of Aus�n Wage The� Training within 30 days of being awarded a contract with the City.

Contact the Wage Compliance Team to register for training or addi�onal informa�on at wagethe�@aus�ntexas.gov.

19. NON-DEBARMENT CERTIFICATION: When using Federal funds, the City of Aus�n does not Contract with or make prime or sub-awards to par�es that are debarred or whose principals are debarred from Federal Contracts. By accep�ng a Contract with the City, the Vendor cer�fies that its firm and its principals are not currently debarred from doing business with the Federal Government, as indicated by the General Services Administra�on List of Par�es Excluded from Federal Procurement and Non-Procurement Programs. The Contractor shall no�fy the Procurement Specialist within five business days if they become debarred from doing business with the Federal Government during the term of the Contract.

20. EQUAL OPPORTUNITY:

20.1. Equal Employment Opportunity: No Contractor, or Contractor’s agent, shall engage in any discriminatory employment prac�ce as defined in Chapter 5-4 of the City Code. No Offer submited to the City shall be considered, nor any Purchase Order issued, or any Contract awarded by the City unless the Offeror has executed and filed with the City’s Central Procurement Office a current Non-Discrimina�on Cer�fica�on.

Non-compliance with Chapter 5-4 of the City Code may result in sanc�ons, including termina�on of the Contract and the Contractor’s suspension or debarment from par�cipa�on on future City Contracts un�l deemed compliant with Chapter 5-4.

20.2. Non-Retalia�on: The Contractor agrees to prohibit retalia�on, discharge or otherwise discrimina�on against any employee or applicant for employment who has inquired about, discussed or disclosed their compensa�on.

20.3. Americans with Disabili�es Act (ADA) Compliance: No Contractor, or Contractor’s agent, shall engage in any discriminatory prac�ce against individuals with disabili�es as defined in the ADA, including but not https://library.municode.com/tx/austin/ordinances/code_of_ordinances?nodeId=1201313 https://library.municode.com/tx/austin/ordinances/code_of_ordinances?nodeId=1201313 mailto:wagetheft@austintexas.gov

Rev. 09/01/2025 Page 9 of 15 limited to: employment, accessibility to goods and services, reasonable accommoda�ons, and effec�ve communica�ons.

21. MANDATORY ANTI-ISRAEL BOYCOTT PROVISION: Pursuant to Amawi v. Pflugerville Independent School District, 373 F.Supp.3d 717 (W.D. Texas 2019), the State of Texas is preliminarily enjoined from enforcing this provision. However, if that injunc�on is li�ed, this provision may apply to the Contract:

21.1. Pursuant to Texas Government Code §2271.002, the City is prohibited from contrac�ng with any “company” for goods or services unless the following verifica�on is included in this Contract.

21.2. For the purposes of this Sec�on only, the terms “company” and “boycot Israel” have the meaning assigned by Texas Government Code §2271.001.

21.3. If the Contractor qualifies as a “company”, then the Contractor verifies that he:

21.3.1. does not “boycot Israel”; and

21.3.2. will not “boycot Israel” during the term of this Contract.

21.4. The Contractor’s obliga�ons under this Sec�on, if any exist, will automa�cally cease or be reduced to the extent that the requirements of Texas Government Code Chapter 2271 are subsequently repealed, reduced, or declared unenforceable or invalid in whole or in part by any court or tribunal of competent jurisdic�on or by the Texas Atorney General, without any further impact on the validity or con�nuity of this Contract.

22. PROHIBITION ON LGBTQ+ CONVERSION THERAPY: The Contractor cer�fies that it is aware of City Council Resolu�on No. 20191114-056, which prohibits the City from Contrac�ng with en��es that engage in certain prac�ces related to conversion therapy. By accep�ng this Contract, the Contractor agrees that: (1) its firm and its principals are not currently and will not during the term of the Contract engage in prac�cing LGBTQ+ conversion therapy; referring persons to a healthcare provider or other person or organiza�on for LGBTQ+ conversion therapy; or Contrac�ng with another en�ty to conduct LGBTQ+ conversion therapy; and (2) if the City determines in its sole discre�on that Contractor has during the term of this Contract engaged in any such prac�ces, the City may terminate this Contract without penalty to the City.

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NON-DISCRIMINATION AND NON-RETALIATION CERTIFICATION

Instruction. Offerors shall read and acknowledge this certification by checking the box below. Offerors that do not check the box below indicating their compliance with this certification shall be determined nonresponsive.

(Check)

OFFEROR HEREBY CERTIFIES

Offeror has read the following and will comply with Austin City Code, Sec. 5-4-2.

1. Not to engage in any discriminatory employment practice defined in this chapter;

2. To take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without discrimination being practiced against them as defined in this chapter, including affirmative action relative to employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rate of pay or other forms of compensation, and selection for training or any other terms, conditions or privileges of employment;

3. To post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Equal Employment/Fair Housing Office setting forth the provisions of this chapter.

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

5. To obtain a written statement from any labor union or labor organization furnishing labor or service to Contractors in which said union or organization has agreed not to engage in any discriminatory employment practices as defined in this chapter and to take affirmative action to implement policies and provisions of this chapter.

6. To cooperate fully with City and the Equal Employment/Fair Housing Office in connection with any investigation or conciliation effort of the Equal Employment/Fair Housing Office to ensure that the purpose of the provisions against discriminatory employment practices are being carried out.

7. To require of all subcontractors having 15 or more employees who hold any subcontract providing for the expenditure of $2,000 or more in connection with any contract with the City subject to the terms of this chapter that they do not engage in any discriminatory employment practice as defined in this chapter.

For the purposes of this Offer and any resulting Contract, Contractor adopts the provisions of the City’s Minimum Non-Discrimination and Non-Retaliation Policy set forth below.

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MINIMUM NON-DISCRIMINATION AND NON-RETALIATION POLICY

1. As an Equal Employment Opportunity (EEO) employer, the Contractor will conduct its personnel activities in accordance with established federal, state and local EEO laws and regula�ons. The Contractor will not discriminate against any applicant or employee based on race, creed, color, na�onal origin, sex, age, religion, veteran status, gender iden�ty, disability, or sexual orienta�on. This policy covers all aspects of employment, including hiring, placement, upgrading, transfer, demo�on, recruitment, recruitment adver�sing, selec�on for training and appren�ceship, rates of pay or other forms of compensa�on, and layoff or termina�on.

2. The Contractor agrees to prohibit retalia�on, discharge or otherwise discrimina�on against any employee or applicant for employment who has inquired about, discussed, or disclosed their compensa�on.

3. Further, employees who experience discrimina�on, sexual harassment, or another form of harassment should immediately report it to their supervisor. If this is not a suitable avenue for addressing their complaint, employees are advised to contact another member of management or their human resources representa�ve. No employee shall be discriminated against, harassed, in�midated, nor suffer any reprisal as a result of repor�ng a viola�on of this policy.

Furthermore, any employee, supervisor, or manager who becomes aware of any such discrimina�on or harassment should immediately report it to execu�ve management or the human resources office to ensure that such conduct does not con�nue.

4. Contractor agrees that to the extent of any inconsistency, omission, or conflict with its current non-discrimina�on and nonretalia�on employment policy, the Contractor has expressly adopted the provisions of the City’s Minimum Non- Discrimina�on Policy contained in Sec�on 5-4-2 of the City Code and set forth above, as the Contractor’s Non-Discrimina�on Policy or as an amendment to such Policy and such provisions are intended to not only supplement the Contractor’s policy, but will also supersede the Contractor’s policy to the extent of any conflict.

5. UPON CONTRACT AWARD, THE CONTRACTOR

SHALL PROVIDE THE CITY A COPY OF THE

CONTRACTOR’S NON-DISCRIMINATION AND NON-

RETALIATION POLICIES ON COMPANY LETTERHEAD,

WHICH CONFORMS IN FORM, SCOPE AND

CONTENT TO THE CITY’S MINIMUM NON-

DISCRIMINATION AND NON-RETALIATION

POLICIES, AS SET FORTHHEREIN, OR THIS NON-

DISCRIMINATION AND NON-RETALIATION POLICY,

WHICH HAS BEEN ADOPTED BY THE

CONTRACTORFOR ALL PUPOSES WILL BE

CONSIDERED THE CONTRACTOR’S NON-

DISCRIMINATION AND NON-RETALIATION POLICY

WITHOUT THE REQUIREMENT OF A SEPARATE

SUBMITTAL.

6. Contractor agrees that non-compliance with Chapter 5-4 and the City’s Non-Retalia�on Policy may result in sanc�ons, including termina�on of the contract and suspension or debarment from par�cipa�on in future City contracts un�l deemed compliant with the requirements of Chapter 5-4-2 and the Non-Retalia�on Policy.

7. The Contractor agrees that this Non-Discrimina�on and Non-Retalia�on Cer�ficate, which the Contractor has executed and filed with the City, will remain in force and effect for one year from the date of filing. The Contractor further agrees that, in considera�on of the receipt of con�nued Contract payment, the Contractor’s Non-Discrimina�on and Non-Retalia�on Policy will automa�cally renew from year-to-year for the term of the underlying Contract.

Rev. 09/01/2025 Page 12 of 15

NONRESIDENT BIDDER AND MANUFACTURING CERTIFICATION

Instruction. Offerors shall read and check the applicable boxes in response to both certifications below.

OFFEROR HEREBY CERTIFIES

☐ YES ☐ NO

Offeror IS (YES) or IS NOT (NO) a Non-Resident Bidder in accordance with Texas Government

Code Ch. 2252.002.

(Check One)

If “YES” is checked, provide the name of the State where Non-Resident Bidder’s

Principal Place of Business is located.

(STATE)

☐ YES ☐ NO

Offeror INCLUDES (YES) or DOES NOT INCLUDE (NO) Equipment, Supplies, and/or Materials in accordance with Texas Government Code Ch. 2252.002.

(Check One)

If “YES” is checked, provide the name of the State where Non-Resident Bidder’s

Principal Place of Business is located.

(STATE)

Reciprocal Preference. In accordance with Texas Government Code Ch. 2252.002 (see below), the City must apply a reciprocal preference to a Nonresident Bidder’s offer, consistent with the applicable preference granted by the state of the Nonresident Bidder’s principal place of business. The City will also apply a reciprocal preference to a Resident Bidder or Nonresident Bidder’s offer, consistent with the applicable preference granted by the state where the majority of the equipment, supplies and/or materials were manufactured.

Resident bidder. An Offeror whose principal place of business is in Texas, including a contractor whose ultimate parent company or majority owner has its principal place of business in Texas.

Nonresident Bidder. An Offeror that is not a Resident Bidder.

Statute: https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2252.htm https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2252.htm

Rev. 09/01/2025 Page 13 of 15

Offeror has NOT been debarred from contracting with the City of Austin, any other local governments or states, or the US federal government.

Suspended or Debarred Offerors. The City finds that offerors, including any subcontractors that may be included in the Offer, that are suspended or debarred from contracting with the US federal government, any state or local government, as of the submission date of their offer, are not sufficiently responsible to contract with the City. The City may reject and set aside any offer or terminate for cause any contract resulting from an offer, in which the offeror falsely certified they were not suspended or debarred when in fact they were.

Pursuant to ERCOT Protocols Section 16.1.4(1)(b), we verify that if we provide Critical Electrical Grid Equipment (CEGE) or Critical Electric Grid Services (CEGS), any CEGE or CEGS we provide were not manufactured, produced, created, or otherwise provided by a Lone Star Infrastructure Protection Act (LSIPA) Designated Company.

Critical Electric Grid Equipment (CEGE). (1) Equipment accessible by means of routable connectivity that, as installed, can be used to gain remote access to or control of ERCOT System Infrastructure, the ERCOT Wide Area Network (WAN), or Market Information System (MIS), if such equipment, if destroyed, degraded, misused, or otherwise rendered unavailable would, within 15 minutes or less of its mis-operation, non-operation, or required operation, adversely impact the reliable operation of ERCOT System Infrastructure. Redundancy of affected facilities, systems, and equipment shall not be considered when determining adverse impact. (2) For Load Resources, this definition only applies to equipment used to send and receive ERCOT telemetry and ERCOT Dispatch Instructions. (3) For purposes of this definition, “reliable operation of ERCOT System Infrastructure” means operating elements of ERCOT System Infrastructure within equipment and electric system thermal, voltage, and stability limits so that instability, uncontrolled separation, or cascading failures of ERCOT System Infrastructure will not occur as a result of a sudden disturbance, including a cybersecurity incident, or unanticipated failure of system elements.

Critical Electric Grid Services (CEGS). Services and software provided by a vendor for the operation, control, monitoring, maintenance, or use of Critical Electric Grid Equipment (CEGE), excluding access specifically allowed by the purchaser for product warranty or support purposes.

ERCOT System Infrastructure. The Transmission Facilities, distribution facilities, Resources, Settlement Only Generators (SOGs), and Emergency Response Service (ERS) Resources that comprise the ERCOT System and the physical and virtual cyber assets used to control the ERCOT System.

Lone Star Infrastructure Protection Act (LSIPA) Designated Company. An Entity (including an LSIPA Affiliate) that meets any of the company ownership or headquarters criteria listed in Texas Business and Commerce Code, Section 117.002(a)(2)(A)-(b)(2)(B) or Texas Government Code Section 2275.0102(a)(2)(A)-(b)(2)(B).

Lone Star Infrastructure Protection Act (LSIPA) Designated Country. China, Iran, North Korea, Russia, or a country designated by the Governor as a threat to critical infrastructure pursuant to Texas Business and Commerce Code, Section 117.003 or Texas Government Code, Section 2275.0103.

Lone Star Infrastructure Protection Act (LSIPA) Affiliate. An Entity that, directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with the LSIPA Designated Company. For purposes of this definition, “controls,” “controlled by,” or “under common control with” shall mean (1) the ownership of 20 percent or more of the outstanding securities of an Entity or (2) the power of an Entity, directly or indirectly, through one or more intermediaries, to direct the management and/or policies and procedures of another Entity.

Ownership by an Entity of equity securities (whether publicly traded or not) of another Entity shall not result in control for purposes of this definition if the holder owns (in its name or via intermediaries) 20 percent or more of the outstanding securities of the Entity, and: (a) the securities are held as a passive investment; (b) the holder does not have representation on the Entity’s board of directors (or equivalent governing body) or vice versa; and (c) the holder does not in fact exercise influence over day-to-day management decisions.

Rev. 09/01/2025 Page 14 of 15

The undersigned, by his/her signature, represents that he/she is submitting a binding offer and is authorized to bind the respondent to fully comply with the solicitation document contained herein. The Respondent, by submitting and signing below, acknowledges that he/she has received and read the entire document packet sections defined above including all documents incorporated by reference, and agrees to be bound by the terms therein.

Company Name:

Company Address:

City, State, Zip:

Federal Tax ID No.:

Printed Name or Officer of Authorized Representative:

Title:

Signature of Officer or Authorized Representative:

Date:

Email Address:

Phone Number:

*Completed Quote Sheet must be submitted with this Offer Sheet to be considered for award.

ACCEPTANCE BY THE CITY

For City Staff only. The City will complete and sign this section only if the City accepts the Offer.

Contract Number:

Printed Name of City’s Authorized Procurement Staff:

Title of City’s Authorized Procurement Staff:

Signature:

Email:

Date:

Phone:

ACCEPTANCE: The Offer is hereby accepted. Contractor is now bound to sell the materials or services specified in the Contract.

Rev. 09/01/2025 Page 15 of 15

WAGE THEFT

Any Employer that submits an offer to the City seeking award of a city contract prior to awarding a contract are required to certify that they have not been adjudicated for certain offenses related to wage theft. See City of Austin Ordinance No. 20221201-031. “Wage theft” and “adjudicated” are to be understood per the definitions set forth in Austin City Code Chapter 4, § 4-22-1 (G) and (H).

Solicitation or Agreement Title: __ ________________

Solicitation Posting Date or Agreement Start Date: __ ________________

All Employers are required to complete the City of Austin Wage Theft Training within 30 days of being awarded a contract with the City. Contact the Wage

Compliance Team to register for a class.

I hereby certify, under penalty of perjury under the laws of the State of Texas, that the below certification is true and correct and that I am authorized to make the following certification on behalf of the firm listed herein.

CERTIFICATION:

This firm has NOT been adjudicated for wage theft related incidents as defined in Austin City Code Chapter 4, § 4-22-1 (G) & (H) within five (5) years prior to the above-stated date. Furthermore, this firm agrees to abide by the items outlined in Section 4-22-5 (B) and Section 4-22-6 (A) of the Austin City Code.

Firm Name: ___ ________________________________________________________________________

Name of Employer - Print Full Legal Entity Name of Firm

Signed: ___ _________________________ ____ ________________________________ Signature of Authorized Person Print Name of Person Making Certification for Firm

Title: ___ __________________________ Place: ____ _________________________ Title of Person Making Certificate Print City and State Where Signed

Date: ___ __________________________

EMPLOYER CERTIFICATION – WAGE THEFT PROGRAM

If you have questions or need more information, contact us at wagetheft@austintexas.gov

EMPLOYER CERTIFICATION WAGE THEFT ORDINANCE – RESPONSIBILITY CRITERIA