Marketing_of_Recyclable_Materials_-_REBID_(Addendum__2_Revision).pdf

City of University Park Bid RFP 2026-06

Solicitation RFP 2026-06

MARKETING OF RECYCLABLE MATERIALS - REBID

Bid Designation: Public

RFP OVERVIEW

Request For Proposal

Solicitation Number 2026-06

Solicitation Title Marketing of Recyclable Materials - REBID

Solicitation Start

Date

Monday, July 27, 2026

Solicitation End Date Tuesday, August 18, 2026 10:00 am

Question &

Answer End Date

Friday, August 7, 2026 4:00 pm

Solicitation Contact

Elizabeth Anderson

(214) 987-5480 eanderson@uptexas.org

Contract Duration 1 year

Contract Renewal 4 optional annual renewals

Prices Good For 90 days

Bid Bond Not Required

RFP Announcement

The City of University Park (“City”) announces a Request for Proposals (“RFP”) for Marketing of Recyclable

Materials - REBID as specified in the RFP documents until Tuesday, August 18, 2026 at 10:00 am. Late proposals will not be accepted.

Term

This is a one (1) year contract with the option for four (4) annual renewals.

Pre-Proposal Meeting

The City will not host a pre-proposal meeting for this RFP.

Deadline For Questions

Questions will be answered until Friday, August 7, 2026 at 4:00 pm. All questions must be submitted through

OpenGov (https://procurement.opengov.com/portal/uptexas).

It is inappropriate for any Respondent to discuss this RFP with any City employee or representative other than the Purchasing Manager during the solicitation and evaluation processes. The City may disqualify any

Respondent who engages in any such discussions. Questions asked during any official interviews with the RFP selection committee are excluded from this requirement.

Receipt of Proposals

City of University Park PREFERS sealed proposals to be submitted electronically via OpenGov

(https://procurement.opengov.com/portal/uptexas).

The City will also accept sealed proposals in paper copy. Paper proposals must be delivered at the office of the

Purchasing Department, City of University Park, 3800 University Blvd, University Park, TX 75205 and must be clearly marked:

“RFP #2026-06 - Marketing of Recyclable Materials - REBID”

Paper proposals must include one (1) unbound original document in a sealed, opaque envelope bearing the respondent's company name, address, RFP title, City of University Park RFP number, date, and time stated for the RFP deadline. E-mail or Facsimile (FAX) proposals will not be accepted.

Public Opening

The public opening will be held via TEAMS at 10:05 AM on August 18, 2026. You are invited to attend. As this is a Request for Proposals, only the names of the responding firms will be read aloud. This meeting will be recorded.

Join by Computer https://teams.microsoft.com/meet/248527963314996?p=l0K4H96W97gsQkct3q

Meeting ID: 248 527 963 314 996 https://procurement.opengov.com/portal/uptexas https://procurement.opengov.com/portal/uptexas) https://teams.microsoft.com/meet/248527963314996?p=l0K4H96W97gsQkct3q

Passcode: zA98Mx3m

Join by Phone

+1 872-242-7793

Phone conference ID: 685 964 712# tel:+18722427793,,685964712

INTRODUCTION

Overview

The City of University Park (“City”) is seeking proposals from qualified, licensed material recycling facilities

("MRF") for the acceptance and processing of the City's recyclables under a revenue sharing plan.

The City of University Park is located in Dallas County with a population of approximately 25,000 permanent residents. The Southern Methodist University (“SMU”) campus is within the City’s limits. The City’s Sanitation

Division collects recyclables ("Materials") generated by residents, businesses and SMU on a weekly basis.

These collections take place in the 75205 and 75225 zip codes. The following items are eligible for the City's single stream recycling program:

• Newspapers, newspaper inserts, magazines, catalogs, junk mail, paperboard, cardboard, office paper and phones books

• All food and beverage glass bottles and jars

• Plastic bottles and jugs - (no polystyrene or styrofoam)

• Plastics #1, #2, and #5 are recyclable

• Empty aerosol containers

• Aluminum, tin and steel cans

• Wax paper cartons - (milk cartons, juice boxes, etc.)

City staff then transports the Materials to the vendor's recycling center using 16 cubic yard rear loaders and 30 cubic yard side loaders.

The following matrix represents the latest breakdown of residential recycling (2026):

OCC 30.7%

MIXED PAPER 35.2%

ALUMINUM (UBC) .6%

STEEL/TIN 1.2%

PET Plastic Containers 3.9%

HDPE - NATURAL .9%

HDPE - COLORED 1.2%

MIXED PLASTICS #3-7 .9%

MIXED GLASS 4.8%

TRASH / Contamination 20.6%

Recent collection volumes are as follows:

TOTAL TONS

FY26 YTD (OCT 2025 - MAY 2026) 1,770

FY25 (OCT 2024 - SEPT 2025) 2,615

FY24 (OCT 2023 - SEPT 2024) 2,673

More information about the City's recycling program is available on the City website here: https://www.uptexas.org/271/Sanitation-Recycling

Timeline

The City is contemplating this schedule for the RFP:

Release Project Date: July 27, 2026

Question Submission Deadline: August 7, 2026, 4:00pm

Response Submission Deadline: August 18, 2026, 10:00am

Proposal Opening (Non-Mandatory): August 18, 2026, 10:05am

Virtual via TEAMS

Join by Computer https://teams.microsoft.com/meet/248527 963314996?p=l0K4H96W97gsQkct3q

Meeting ID: 248 527 963 314 996 Passcode: zA98Mx3m

Join by Phone +1 872-242-7793 Phone conference ID: 685 964 712#

Proposal Requirements

A responsive proposal will include complete answers to all questions in the "Vendor Questionnaire" section of this RFP.

Respondents must download the "Price Worksheet" located within the Vendor Questionnaire, complete it, and upload the completed form. Failure to include the completed Price Worksheet with your proposal may cause the City to disqualify your proposal as non-responsive.

https://www.uptexas.org/271/Sanitation-Recycling

SCOPE OF WORK

Respondents are urged to read this section carefully. If the Respondent disagrees with any element listed in the

Scope of Work, the Respondent MUST include the exception with his or her proposal. If the City does not receive any stated exceptions, it will award and enforce a contract based on the requirements listed in this section.

Terminology

City - The City of University Park, TX

Contractor - the vendor selected for the award of this contract; also called "Successful Respondent".

Materials - this refers to the materials that the City collects from residents and businesses during the weekly recycling collections. These items will be delivered to a MRF for processing. See also "Program Recyclable

Materials".

MRF - Materials Recycling Facility. This is the Contractor's facility where the program materials will be delivered, cleaned and processed.

Program Recyclable Materials - this refers to the materials that the City collects from residents and businesses during the weekly recycling collections. These items will be delivered to a MRF for processing. See also

"Materials".

Respondent - a vendor who submits a response to this RFP.

RFP - Request for Proposal. This is different from a Bid, because the award recommendation is determined using evaluation criteria besides price.

Successful Respondent - the vendor selected for the award of this contract; also called "Contractor".

TCEQ - Texas Commission on Environmental Quality

General

This contract will require the Successful Respondent ("Contractor") to do the following:

• Provide a MRF capable of processing the city's Program Recyclable Materials ("Materials")

• Accept and process the city's Materials on a daily basis

• Sell the Materials, using best efforts and practices to maximize the profits

• Provide to the City a monthly rebate or invoice based on the market value of the Materials

• Create/conduct periodic reports, analyses and audits and provide those results to the City

MRF

• The Contractor will designate a MRF for this contract as part of his/her proposal. This MRF will not change unless agreed to by the City in writing.

• Ideally, this MRF will be within thirty (30) miles of the City's limits.

• This MRF must be permitted by TCEQ and will adhere to all local, state and federal regulations related to this scope of work throughout the life of this contract.

• This MRF will have sufficient capacity to accept all Materials from the City and ensure continuous processing services.

• The Contractor will utilize processing subsystems at the MRF capable of processing a minimum of ninety-five percent (95.0%) by weight of Materials.

• The MRF will be equipped with a certified scale sufficient to weigh the Materials delivered by City staff. Contractor must:

o submit an annual certificate of accuracy to the City, and o post a copy of such certificate near the scale

Collection and Transport

• The City will collect and deliver Materials to the MRF using sixteen (16) cubic yard rear loaders and thirty (30) cubic yard side loaders.

• The City will work with the Contractor to establish vehicle number and tare weight. All vehicles used to transport recyclable materials must have a tare weight so that vehicles do not need to be weighed twice.

• The City will make deliveries using a consistent daily schedule as follows:

o Monday – Friday 7:00 AM – 5:00 PM o Saturday 7:00 AM – 12:00 PM o No Sundays

Acceptance and Processing of Program Recyclable Materials

The Contractor will accept and process a minimum of ninety-five percent (95%) of all Materials delivered by the City. As of June 2026, the City’s official list of recyclable materials includes these items:

• Paper: ad circulars, catalogs, cardboard, chipboard (e.g., cereal boxes and paper towel & toilet paper cores), envelopes, file folders, junk mail, magazines, newspaper, note cards, office paper, other high-grade paper, paperback books, paper bags, phone books, aseptic containers (e.g. Beverage cartons).

• Plastics: all plastic containers labeled 1-5 and 7 (e.g., soft drink and water bottles, laundry detergent bottles, milk and juice jugs, PVC pipe, pill bottles, egg crates, laundry baskets) and rigid plastics.

• Glass: bottles and jars of any color.

• Metals: aluminum drink cans. aluminum foil and pie plates, steel and food cans and lids, empty aerosol cans, and household metals (e.g., pots and pans).

The City may be open to including some additional items if the Respondent has the capability to process them responsibly. Examples may include expanded polystyrene (e.g., Styrofoam). The City is open to suggestions from Respondents regarding the inclusion of additional items, but this is NOT a requirement for this Contract.

If the Contractor adds any items without telling the City, the City will have the right to add those items to

City's official list going forward.

Some list items may be determined to be economically and technically prohibitive to process as Recyclable

Materials. In this scenario, the City and the Contractor will study the issue together, including the financial impact of removing such items from the official list. If both parties are in agreement, the prohibitive items may be removed from the City's official list.

Unaccepted Loads

The Contractor may reject a Load as Unaccepted if the load:

• contains hazardous/harmful waste, or

• is a garbage load that was delivered by mistake, or

• contains more than twenty-five percent (25%) of non-program materials by weight

The Contractor may not designate a Load as an Unaccepted Load for any other reason unless mutually agreed upon by both parties.

In the event that a load is rejected, the Contractor must notify the City Project Manager immediately and provide written notice and photographs of the rejected load via business email. The Contractor must maintain the Load separately from other material to afford the City’s representative the opportunity to inspect the

Load.

For Unaccepted Loads from City Vehicles, the Contractor will transport and dispose of the contents of the

Unaccepted Load at a landfill that meets all federal, state, and local requirements for such disposal. The City will assume the disposal costs (not to exceed the Gate Rate at the landfill) and the Contractor will be responsible for all other costs related to the Unaccepted Load.

Disposal of Program Recyclable Materials Prohibited

Once the Contractor has accepted a delivery, the contents of that delivery will not be disposed of in a landfill.

Doing so would be considered a material breach of contract and may be cause for contract termination.

Marketing

• The Contractor will arrange for the transportation of materials to market.

• The Contractor will exercise best efforts to maximize the economic returns from the sale of the program materials.

• The Contractor will maintain at its local office detailed records and files of all bids and quotes it receives from third parties for the purchase of such recyclable materials.

Analysis and Audits

• Upon contract signing, the Contractor will be required to conduct a composition analysis to determine the types and percentages of material types in a total load, including residuals.

• The Contractor will be required to repeat the composition analysis every six (6) months.

• The Contractor will conduct a contamination audit each quarter.

• The Contractor will provide a copy of every audit and analysis to the City via email.

• The Contractor will notify the City via email no later than seventy-two (72) hours prior to composition analysis or containment audit to allow for City staff attendance/observation.

The City will have the right to audit or inspect any of the Contractor's financial records, accounting procedures, practices, or price lists that are relevant to the terms and services of this contract. In doing so, the City may copy the Contractor's records. The Contractor should label as "Confidential" any proprietary information, prior to the City's audit or inspection.

Compliance

All work performed by the Contractor must be in compliance with all applicable Federal, State, County, and

City laws and regulations.

The Contractor is responsible for acquiring and maintaining all applicable permits at his or her expense, and for adhering to all local, state, and federal laws that govern this scope of work. This requirement will remain in force throughout the life of this contract.

Personnel Requirements

The Contractor will provide sufficient personnel to provide services in accordance with the Contract, industry standards, and all Applicable Laws. The Contractor will have a qualified, competent. and reliable representative on duty to be in charge of its operations under this Contract. This person must be authorized to make decisions and act on the Contractor's behalf. The City will have reasonable access during business hours to the Contractor's Representative via a non-toll call from City.

With respect to all work performed under this contract, the Contractor must:

• exercise every precaution at all times for the prevention of accidents and the protection of people and property, and

• maintain at Contractor's office or other well known place at the job site, all articles necessary for giving first aid to the injured. Contractor must make standing arrangements for the immediate removal to a hospital or doctor's care of persons who may be injured at the job site.

After-Hours Access

Prior to contract execution, the Contractor and the City will agree on a defined plan for delivery of loads to the

MRF outside of normal operating hours. Historically, the City's needs for after-hours access is rare and typically occurs after a major weather event - roughly once per year. The plan will cover specific situations in which the City may need to access the MRF outside of normal operating hours and the Contractor's preferences for communication methods. The City will provide notice to the Contractor as early as possible if special access is required.

Emergency Response

The Contractor must immediately notify the City of any fire(s) or unexpected event(s) that will prevent or delay the processing of the City's Materials.

If the Contractor's facility is unable to accept and process the City's Materials, the Contractor will be responsible for making arrangements with an alternate MRF within the DFW Metroplex that can accept

Materials from the City. The City will continue to pay the Contractor the agreed-upon contract rates. The

Contractor will be responsible for any additional expenses associated with using a different facility.

If the Contractor does not make an alternate facility available within twenty-four (24) hours of being needed, the City may make its own alternate arrangements. The Contractor will reimburse the City for any costs associated with this alternate arrangement.

Continued failure by the Contractor to make an alternate facility available may cause the City to pursue a breach of contract.

Fee Structure

Revenue Share Arrangement

The City would like a revenue share arrangement where the blended value of the City's Materials are calculated using the Secondary Fiber Index, Southcentral Region, and Secondary Materials Index, Houston

(Southcentral USA) Region as applicable. For the purposes of this RFP, please use the REGIONAL AVERAGE for the week of June 5 & 6, 2026.

https://www.recyclingmarkets.net/secondarymaterials/index.html https://www.recyclingmarkets.net/secondaryfiber/index.html

The final per-ton Processing Fee must be inclusive of all of Contractor's costs.

If the City's tonnage increases more than twenty-five percent (25%) over FY26 levels, the City reserves the right to negotiate with the Contractor for a lower Processing Fee at the time of Contract Renewal.

https://www.recyclingmarkets.net/secondarymaterials/index.html https://www.recyclingmarkets.net/secondaryfiber/index.html

Alternate Fee Structures - OPTIONAL

The City is very interested in proposals that would limit the City's monthly costs and provide the City with some predictability for budgeting purposes. One possible way to achieve this would be through a monthly

"maximum fee" structure. There may also be other options for limiting expenses, such as rolling a "net expense" forward when the commodity markets are poor, or by establishing an annual maximum that the City will not exceed, or some other method. The City is open to alternate fee structures that Respondents might want to suggest as part of their proposals.

Fee Escalation

The final Fee Structure and all flat fees that the Contractor and City memorialize in the Contract will remain fixed for the first twelve (12) months of the contract. The contract will automatically renew with the same fees and terms each year unless either the City or the Contractor provides written notice of termination. The

Contractor MUST provide the City written notice of any changes to the fee structure no later than one hundred twenty (120) days prior to the contract anniversary date. If the City does not receive written notice within this time frame, the contract will only be renewed at the prior year’s rates. Notices must be sent to:

• David Vartian, Sanitation Superintendent – dvartian@uptexas.org

• CC Jodie Ledat, Assistant Director of Public Works – jledat@uptexas.org

Any adjustments, increases, or decreases to the processing fee will be calculated according to the most recent

CPI – All Urban Customers, Unadjusted 12 months ended September, Item: All Items. The fee adjustment will not exceed five percent (5%) per year. Fees will not be adjusted other than as explicitly authorized in the

Contract.

Monthly Reports

The Contractor will submit a monthly report providing a summary of the materials accepted and marketed. Reports will be delivered to the City by the 10th day of each month. The reporting period will be from the first of the month to the last day of the month and will include sales data relating to all materials collected from the City during that period.

The monthly report must contain the following:

• Tonnage collected and processed for each type of material and the unit price per product sold.

• Copies of the applicable pages of trade journals used to establish monthly market pricing for each commodity.

• The City may require additional information if other performance measures are deemed necessary.

Invoices

• The Contractor will provide the City with invoice each month, showing the amount owed by the City or a split revenue with the City.

• All invoices must be sent via email to payables@uptexas.org.

mailto:dvartian@uptexas.org mailto:jledat@uptexas.org

• The City's payment terms are Net 30.

• The City will issue payment via ACH (preferred) or paper check. Payments are issued every Friday for any invoices that are received and approved before Wednesday at noon.

EVALUATION AND SELECTION

City staff will evaluate each proposal based on the following criteria.

Once each proposal has been scored, the City may exercise its option to do any of the following:

• Invite one (1) or more Respondents to interview with the Selection Committee;

• Select a Respondent for award recommendation without interviews;

• Reject any proposal that is not deemed to be in the City’s best interests; or

• Reject all proposals and start over

The City will have sole discretion in these decisions. Respondents are responsible for all costs associated with creating a proposal and interviewing with the committee during the selection process. City Council must approve all award recommendations, and they meet on the first and third Tuesday of each month.

No. Evaluation Criteria Scoring Method Weight (Points)

1. Qualifications and Experience

Responding firm is well established and has several years' experience in the recycling industry in Texas.

Proposed MRF is a reasonable distance from

City limits and has the capacity to accept the

City's recyclables, MRF's days and hours of operation match the City's needs.

MRF can process all of the materials in the

City's recycling program and may have room for others.

Sales revenues demonstrate that the

Respondent is able to recover some revenues for the City.

Points Based 25 (25% of Total)

2. Project Approach

Proposed account team has a good amount of experience in the recycling industry.

Communication methods and frequencies meet City's expectations.

Method for determining if material is contaminated seems reasonable and should meet the City's needs.

Marketing plan is present and suggests that the Respondent has a good strategy planned for maximizing revenues.

Emergency plan/safety protocols are present and reasonable.

Sample reports are easy to read and provide the data that the City needs.

Implementation timeline is present and reasonable.

Points Based 30 (30% of Total)

3. Proposed Fee Structure

20 of the 30 cost points will be distributed based on the Respondent's revenue share proposal as submitted on the Price Worksheet in the "Vendor Questionnaire" section.

The City will award up to 10 additional points for alternative fee proposals that would cap the City's monthly or yearly expenses.

Points Based 30 (30% of Total)

4. References

Reference feedback indicates strong customer service, good communication, and few change orders after award.

Points Based 10 (10% of Total)

5. Value Added Services

The City will award additional points to proposals that offer services not listed in the

Scope of Work that could potentially increase efficiency and/or revenues for the City.

Points Based 5 (5% of Total)

VENDOR QUESTIONNAIRE

GENERAL INFORMATION

Name of Responding Firm*

*Response required

Whom should we contact with any questions about this submission?*

Provide:

Full Name

Title

Phone#

Email

*Response required

Is the Responding firm publicly traded?*

☐ Yes

☐ No

*Response required

QUALIFICATIONS AND EXPERIENCE

Please tell us about the Responding firm. Please include:*

• Name of parent company (if applicable)

• Location of headquarters and other major offices

• Brief history of the firm, including the number of years spent in the recycling business

• Number of full-time employees

*Response required

Is this Respondent authorized and/or licensed to do business in Texas?*

If "Yes", please list authorizations/licenses.

*Response required

Please identify the primary business of the parent company and/or affiliates.*

*Response required

Identify whether any contract in the last five (5) years has ended prior to the contract expiration date due to: *

• assignment of the contract to another vendor

• merger, sales, or acquisition with another company

• mutual agreement to discontinue service

• termination of the contract for any reason other than expiration

*Response required

Please tell us about the MRF that would be assigned to this contract.*

Please include:

• address

• days & hours of operation

• 2026 holiday schedule

• total processing capacity

• average % of total processing capacity in use in 2026

*Response required

Describe the quantity of single-stream materials processed and marketed by this Respondent for all operations in the last twenty-four (24) months.*

*Response required

Are there any items in the City's current recycling program (as listed in this RFP) which can NOT be processed at this MRF? If "yes", please list.*

*Response required

Describe any equipment upgrades in the last five (5) years that were implemented to deal with higher quality standards for recyclables. *

*Response required

Describe your overall history of selling and marketing commodities. Please attach five (5) years of sales price

(annual average) for each commodity processed for all operations, and list the number of tons sold of each commodity for all operations.*

08/03/26 edit - we are removing the requirement for the five years of sales prices per commodity. Please summarize your history of selling & marketing commodities and list the # of tons sold of each commodity for all operations.

*Response required

Identify any new commodities that you started processing for the first time in the last five years. What were the associated revenues?*

*Response required

Identify any contracts in the last five (5) years that were modified for any of these reasons:*

• drop items from the list of acceptable recycling items

• increase the processing fee (outside of a CPI increase)

• implement surcharges or other fees due to contamination

• implement surcharges or other fees due to transportation expenses

• implement new fees for any reason

*Response required

PROJECT APPROACH

Please identify the Contractor's representative(s) and any other key individuals who will be assigned to this contract. *

• Provide a brief description of their experience and qualifications in this industry

• Identify which of these individuals will have the authority to make decisions on the Responding firm's behalf

• Describe the communication plans between these individuals and City staff. Include the frequency and methods of communication that this firm recommends.

*Response required

Identify any subcontractors, sub consultants or suppliers who will be involved with this contract.*

• How long have they worked with this Respondent?

• What will their roles be on this contract?

*Response required

Please describe your process for dealing with scale malfunctions.*

*Response required

Describe this Respondent's method for determining if material is contaminated.*

*Response required

Describe how non-acceptable materials will be addressed, including disposal of contamination, removal of residuals, and recycling of items that are not on the accepted items list but still have a potential market value.*

*Response required

Provide a draft marketing plan for the City's materials. *

• Please address each of the commodities

• Who are the proposed end users or buyers for these materials?

• Will any Texas-specific markets be used?

*Response required

Please upload a copy of an emergency plan detailing the actions that this Respondent is prepared to take to address emergency situations such as fire, strike, natural disaster or hazardous/toxic spill which would require a deviation from normal operating procedures.*

*Response required

Please provide the name and address of the landfill to be used to dispose of residuals.*

*Response required

Describe the implementation process. Please include key meetings and milestones, and attach a timeline.*

*Response required

Sample reporting format *

Please attach an example of the report(s) that the City can expect to receive.

*Response required

PROPOSED FEE STRUCTURE

PRICE WORKSHEET*

Please download the below documents, complete, and upload.

• PRICE_WORKSHEET_-_RFP_2026-...

*Response required

Alternate Fee Structures (Optional)

If this Respondent is willing to offer an alternate fee structure that may limit the City's monthly or annual expenses, please describe that structure here.

REFERENCES

Please provide between three (3) and five (5) references for whom this Respondent has provided similar services in the last three (3) years.*

Please provide Organization name, Contact Name & Title, Phone number and e-mail address.

*Response required

VALUE ADDED SERVICES

Would this Respondent consider performance incentives, such as a reduced fee for lower contamination rates?*

*Response required

OPTIONAL - Do you offer any additional services that are not included in this RFP that might benefit the City of

University Park?

Please describe them here.

Is there anything else that you'd like for us to know about this Respondent?

Please tell us here.

Exceptions to any terms or conditions listed in this RFP packet

Please list any exceptions here. If no exceptions are listed, the City will offer and enforce a contract in accordance with the terms and conditions listed in this RFP packet.

STATE REQUIRED FORMS

https://government-project.s3.us-west-2.amazonaws.com/276779/0f2636a7-6465-419d-8631-a47a83699b32_PRICE_WORKSHEET_-_RFP_2026-06_REBID.xlsx

These certifications are required by the State of Texas. Please download the attached file, complete it, and re-upload the document here.*

Please download the below documents, complete, and upload.

• Combined_certifications_-_n...

*Response required

Conflict of Interest Questionnaire*

This document is required by the State of Texas. Please download the below documents, complete, and upload.

• Conflict_of_Interest_Questi...

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GENERAL TERMS AND CONDITIONS

THESE GENERAL CONDITIONS APPLY TO ANY PROCUREMENT OF PRODUCTS OR SERVICES BY THE CITY OF

UNIVERSITY PARK.

REQUIRED INFORMATION

CITY OF UNIVERSITY PARK SOLICIATION PACKETS MAY CONTAIN VARIOUS SECTIONS REQUIRING COMPLETION.

EACH REQUIRED SECTION MUST BE COMPLETED PRIOR TO THE POSTED SOLICIATION DEADLINE. OTHERWISE

THE SUBMISSION MAY BE REJECTED AS NON-RESPONSIVE.

INSTRUCTIONS

THESE INSTRUCTIONS APPLY TO ALL FORMAL AND INFORMAL SOLICITATIONS AND WILL BECOME A PART OF

THE TERMS AND CONDITIONS OF ANY CONTRACT.

TERMINOLOGY

IN THIS DOCUMENT, THE TERMS “BID”, “PROPOSAL”, AND “SOLICITATION” MAY BE USED INTERCHANGEABLY

AND WILL ALL REFER TO A FORMAL REQUEST FOR PRICING FROM VENDORS AS OUTLINED IN TEXAS LOCAL

GOVERNMENT CODE, CHAPTER 252. SIMILARLY, THE TERMS “BID”, “PROPOSAL”, AND “SUBMISSION” WILL ALL

REFER TO A VENDOR’S RESPONSE TO A FORMAL REQUEST FROM THE CITY OF UNIVERSITY PARK.

LATE SUBMISSIONS

THE CITY OF UNIVERSITY PARK APPRECIATES YOUR TIME AND EFFORT IN PREPARING A RESPONSE TO OUR

SOLICITATIONS. PLEASE NOTE THAT TO BE CONSIDERED, ALL SUBMISSIONS MUST BE RECEIVED IN THE

PURCHASING OFFICE BEFORE THE PUBLISHED DEADLINE. SUBMISSIONS RECEIVED AFTER THE DEADLINE WILL

NOT BE CONSIDERED FOR THE AWARD OF A CONTRACT AND WILL BE CONSIDERED VOID AND UNACCEPTABLE.

THE CITY OF UNIVERSITY PARK IS NOT RESPONSIBLE FOR LATENESS OF COURRIER/CARRIER, TRAFFIC DELAYS, EXTENDED OPENGOV UPLOAD TIMES, ETC., AND THE CLOCK IN THE PURCHASING MANAGER’S OFFICE SHALL BE

THE OFFICIAL TIME OF RECEIPT.

DISTRIBUTION OF INFORMATION

THE CITY USES OPENGOV TO DISTRIBUTE INFORMATION REGARDING INFORMAL AND FORMAL SOLICITATIONS.

ALL BIDDER QUESTIONS, THE CORRESPONDING ANSWERS, AND ANY ADDENDA SHALL BE POSTED TO

OPENGOV. THIS WILL BE THE ONLY PLACE WHERE THIS INFORMATION IS POSTED. BIDDERS ARE STRONGLY

ENCOURAGED TO REGISTER AT NO COST AT https://procurement.opengov.com/portal/uptexas. FAILURE OF A

BIDDER TO RECEIVE ANY ADDENDUM OR QUESTION AND ANSWER DOES NOT RELEASE THE BIDDER FROM ANY

OBLIGATIONS UNDER HIS BID, PROVIDED THAT THIS INFORMATION WAS POSTED AND DISTRIBUTED BY

OPENGOV. BUSINESSES WITHOUT INTERNET ACCESS MAY USE COMPUTERS AVAILABLE AT MOST PUBLIC

LIBRARIES.

NEWSPAPER ADVERTISEMENTS

ALL FORMAL SOLICITATIONS WILL BE ADVERTISED IN THE DAILY COMMERCIAL RECORD AS REQUIRED BY TEXAS

LOCAL GOVERNMENT CODE, CHAPTER 252.

ERROR-QUANTITY

https://procurement.opengov.com/portal/uptexas

BID PRICE MUST BE SUBMITTED ON UNITS OR QUANTITY SPECIFIED, EXTENT, AND TOTAL SHOWN. IN THE EVENT

OF DISCREPANCIES IN EXTENSIONS, THE UNIT PRICE SHALL GOVERN.

MAKE-MODEL

ANY CATALOG, BRAND NAMES, OR MANUFACTURER’S REFERENCE IN THIS BID PACKET IS DESCRIPTIVE AND NOT

RESTRICTIVE, AND IS USED TO INDICATE TYPE AND QUALITY LEVEL DESIRED FOR COMPARISON PURPOSES

UNLESS SPECIFICALLY EXCLUDED. PLEASE QUOTE AS LISTED OR GIVE EQUAL. IF AN ITEM OFFERED IS OTHER

THAN AS REQUIRED BY THE SPECIFICATIONS, BIDDER MUST STATE MAKE, MODEL, AND PART NUMBER OF

PRODUCT QUOTED. EQUALITY WILL BE DETERMINED BY THE SPECIFICATIONS.

PRICING

UNLESS OTHERWISE STATED IN THIS DOCUMENT, BID PRICE(S) QUOTED MUST BE HELD FIRM BY THE BIDDER

FOR SIXTY (60) DAYS FROM THE DATE OF THE SOLICIATION DEADLINE TO ALLOW SUFFICIENT TIME FOR

EVALUATION BY THE CITY.

AWARD OF CONTRACT

THE CITY RESERVES THE RIGHT TO AWARD THIS CONTRACT BY ONE OF THE FOLLOWING METHODS. THE

METHOD SELECTED WILL BE IN THE BEST INTEREST OF THE CITY, AS DETERMINED BY THE PURCHASING

MANAGER.

A. TO THE LOWEST RESPONSIBLE BIDDER(S), BIDDING ALL ITEMS AND MEETING ALL SPECIFICATIONS;

B. TO AWARD TO ONE OR MORE BIDDERS;

C. TO THE LOWEST RESPONSIBLE BIDDER(S) MEETING SPECIFICATIONS, PER LINE ITEM;

D. IF SPECIFIED, TO THE LOW BIDDER(S) MEETING SPECIFICATIONS, PER CATEGORY. TO QUALIFY FOR AN

AWARD OF A CATEGORY, A BIDDER MUST BID ALL ITEMS WITHIN THAT CATEGORY. IF ALL ITEMS OF A

CATEGORY ARE NOT BID BY ALL VENDORS, AWARD SHALL BE MADE IN THE BEST INTEREST OF THE CITY.

E. TO THE BIDDER(S) WHO PROVIDE THE GOODS OR SERVICES SPECIFIED IN THE SOLICITATION AT THE BEST

VALUE TO THE CITY IN COMPLIANCE WITH TEXAS LOCAL GOVERNMENT CODE, SECTION 252.043.

F. TO WAIVE ANY MINOR DEFECT, IRREGULARITY, OR INFORMALITY IN ANY SUBMISSION.

G. THE CITY RESERVES THE RIGHT TO REJECT ANY OR ALL SUBMISSIONS, TO WAIVE FORMALITIES, OR TO

PROCEED OTHERWISE WHEN IN THE BEST INTEREST OF THE CITY.

ALL SOLICITATION AWARDS ARE SUBJECT TO FINAL APPROVAL BY CITY COUNCIL. COUNCIL MEETINGS ARE HELD

THE FIRST AND THIRD TUESDAYS OF EACH MONTH. TO OBTAIN SOLICIATION RESULTS OR TABULATIONS, PLEASE

CHECK OPENGOV (HTTPS://PROCUREMENT.OPENGOV.COM/PORTAL/UPTEXAS), OR CONTACT THE

PURCHASING DIVISION BETWEEN THE HOURS OF 7:00 AM AND 4:00 PM AT 214-987-5480.

WARRANTY/GUARANTEE LAWS AND REGULATIONS

BY ACCEPTANCE OF A PURCHASE ORDER, IN ADDITION TO THE GUARANTEES AND WARRANTIES PROVIDED BY

LAW, VENDOR EXPRESSLY GUARANTEES AND WARRANTS AS FOLLOWS:

https://procurement.opengov.com/portal/uptexas

A. THAT THE ARTICLES TO BE DELIVERED HEREUNDER WILL BE IN FULL CONFORMITY WITH THE

SPECIFICATIONS OR WITH THE APPROVED SAMPLE SUBMITTED, AND AGREED THAT THIS WARRANTY

SHALL SURVIVE ACCEPTANCE OF DELIVERY AND PAYMENT FOR THE ARTICLES AND THAT THE VENDOR

WILL BEAR THE COST OF INSPECTING AND/OR TESTING ARTICLES REJECTED.

B. THAT THE ARTICLES TO BE DELIVERED HEREUNDER WILL NOT INFRINGE ON ANY VALID PATENT, TRADEMARK, TRADE NAME, OR COPYRIGHT, AND THAT THE VENDOR WILL, AT HIS OWN EXPENSE, DEFEND ALL ACTIONS OR SUITS CHARGING SUCH INFRINGEMENT AND WILL SAVE AND HOLD HARMLESS

THE CITY, ITS OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES FROM ALL CLAIMS, LOSSES, LIABILITIES AND SUITS ARISING THEREFROM.

C. THAT THE ARTICLES TO BE DELIVERED HEREUNDER WILL BE MANUFACTURED, SOLD AND/OR INSTALLED

IN COMPLIANCE WITH THE PROVISIONS OF ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS AND

REGULATIONS.

D. THAT NOTHING CONTAINED HEREIN SHALL EXCLUDE OR AFFECT THE OPERATION OF ANY IMPLIED

WARRANTIES OTHERWISE ARISING IN FAVOR OF THE CITY.

F.O.B./DAMAGE

QUOTATIONS SHALL BE BID F.O.B. DELIVERED, MUNICIPAL FACILITY, UNIVERSITY PARK, TX, AND SHALL INCLUDE

ALL DELIVERY AND PACKAGING COSTS. THE CITY OF UNIVERSITY PARK ASSUMES NO LIABILITY FOR GOODS

DELIVERED IN DAMAGED OR UNACCEPTABLE CONDITION. THE SUCCESSFUL BIDDER SHALL HANDLE ALL CLAIMS

WITH CARRIERS, AND IN CASE OF DAMAGED GOODS, SHALL SHIP REPLACEMENT GOODS IMMEDIATELY UPON

NOTIFICATION BY THE CITY OF DAMAGE.

INVOICES

INVOICES MUST BE SUBMITTED BY THE SUCCESSFUL BIDDER TO THE CITY OF UNIVERSITY PARK, ACCOUNTING

DEPARTMENT AT PAYABLES@UPTEXAS.ORG OR 3800 UNIVERSITY BLVD., UNIVERSITY PARK, TX 75205.

PAYMENT TERMS

PAYMENT TERMS ARE NET 30 UNLESS OTHERWISE SPECIFIED BY THE CITY IN THE SOLICIATION PACKET.

TAXES

THE CITY OF UNIVERSITY PARK IS EXEMPT FROM FEDERAL MANUFACTURER’S EXCISE AND STATE SALES TAX.

TAX MUST NOT BE INCLUDED IN BID. TAX EXEMPTION CERTIFICATES WILL BE EXECUTED BY THE CITY AND

FURNISHED UPON REQUEST.

SPECIFICATION-SAMPLES

SAMPLES, IF REQUIRED, SHALL BE FURNISHED FREE OF EXPENSE TO THE CITY. SAMPLES SHOULD NOT BE

ENCLOSED WITH BID UNLESS REQUESTED.

DELIVERY PROMISE – PENALTIES

mailto:PAYABLES@UPTEXAS.ORG

QUOTATIONS MUST SHOW THE NUMBER OF CALENDAR DAYS REQUIRED TO COMPLETE THE PROJECT FOR THE

CITY. WHEN DELIVERY DELAY CAN BE FORESEEN, THE BIDDER SHALL GIVE PRIOR NOTICE TO THE PURCHASING

DIVISION, WHICH SHALL HAVE THE RIGHT TO EXTEND THE DELIVERY DATE IF REASONS FOR DELAY APPEAR

ACCEPTABLE. DEFAULT IN PROMISED DELIVERY, WITHOUT ACCEPTABLE REASONS, OR FAILURE TO MEET

SPECIFICATIONS, AUTHORIZES THE PURCHASING DIVISION TO PURCHASE GOODS ELSEWHERE OR TO APPLY

LIQUIDATED DAMAGES.

PACKAGING

UNLESS OTHERWISE INDICATED, ITEMS WILL BE NEW, UNUSED, AND IN FIRST RATE CONDITION IN CONTAINERS

SUITABLE FOR DAMAGE-FREE SHIPMENT AND STORAGE.

CORRESPONDENCE

THE NUMBER ASSIGNED TO THE SOLICIATION AND LISTED ON THE PACKET MUST APPEAR ON ALL

CORRESPONDENCE, INQUIRIES, ETC. PERTAINING TO THE SOLICITATION.

DELIVERY TIMES

DELIVERIES WILL BE ACCEPTABLE ONLY DURING NORMAL WORKING HOURS AT THE DESIGNATED CITY FACILITY.

VENDORS MAY CALL THE CITY AT 214-363-1644 OR CHECK THE CITY’S WEBSITE AT WWW.UPTEXAS.ORG TO

VERIFY WORKING HOURS.

PATENT RIGHTS

THE VENDOR AGREES TO INDEMNIFY AND HOLD THE CITY HARMLESS FROM ANY CLAIM INVOLVING PATENT

RIGHT INFRINGEMENT OR COPYRIGHTS ON GOODS SUPPLIED.

EVALUATION

SUBMISSIONS WILL BE EVALUATED AS OUTLINED IN THE SOLICITATION DOCUMENT.

PUBLIC INFORMATION ACT

IF YOU CONSIDER ANY PORTION OF YOUR PROPOSAL TO BE PRIVILEGED OR CONFIDENTIAL BY STATUTE OR

JUDICIAL DECISION, INCLUDING TRADE SECRETS AND COMMERCIAL OR FINANCIAL INFORMATION, PLEASE

CLEARLY IDENTIFY THOSE PORTIONS AS “CONFIDENTIAL”.

PROPOSALS WILL BE OPENED IN A MANNER THAT AVOIDS DISCLOSURE OF THE CONTENTS TO COMPETING

OFFERORS AND KEEPS THE PROPOSALS SECRET DURING NEGOTIATIONS. ALL PROPOSALS ARE OPEN FOR PUBLIC

INSPECTION AFTER THE CONTRACT IS AWARDED, BUT TRADE SECRETS AND CONFIDENTIAL INFORMATION IN

THE PROPOSALS ARE NOT OPEN FOR INSPECTION. TEX. LOC. GOVT. CODE 252.049(B)

THE CITY OF UNIVERSITY PARK WILL HONOR YOUR NOTATIONS OF TRADE SECRETS AND CONFIDENTIAL

INFORMATION AND DECLINE TO RELEASE SUCH INFORMATION INITIALLY, BUT PLEASE NOTE THAT THE FINAL

DETERMINATION OF WHETHER A PARTICULAR PORTION OF YOUR PROPOSAL IS IN FACT A TRADE SECRET OR

COMMERCIAL OR FINANCIAL INFORMATION THAT MAY BE WITHHELD FROM PUBLIC INSPECTION WILL BE MADE

BY THE TEXAS ATTORNEY GENERAL OR A COURT OF COMPETENT JURISDICTION. IN THE EVENT A PUBLIC

INFORMATION REQUEST IS RECEIVED FOR A PORTION OF YOUR PROPOSAL THAT YOU HAVE MARKED AS BEING

CONFIDENTIAL INFORMATION, YOU WILL BE NOTIFIED OF SUCH REQUEST AND YOU WILL BE REQUIRED TO http://www.uptexas.org/

JUSTIFY YOUR LEGAL POSITION IN WRITING TO THE TEXAS ATTORNEY GENERAL PURSUANT TO SECTION 552.305

OF THE GOVERNMENT CODE. IN THE EVENT THAT IT IS DETERMINED BY OPINION OR ORDER OF THE TEXAS

ATTORNEY GENERAL OR A COURT OF COMPETENT JURISDICTION THAT SUCH INFORMATION IS IN FACT NOT

PRIVILEGED AND CONFIDENTIAL UNDER SECTION 552.110 OF THE GOVERNMENT CODE AND SECTION 252.049

OF THE LOCAL GOVERNMENT CODE, THEN SUCH INFORMATION WILL BE MADE AVAILABLE TO THE REQUESTER.

MARKING YOUR ENTIRE PROPOSAL CONFIDENTIAL/PROPRIETARY IS NOT IN CONFORMANCE WITH THE TEXAS

OPEN RECORDS ACT.

FUNDING

FUNDS FOR PAYMENT HAVE BEEN PROVIDED THROUGH THE CITY OF UNIVERSITY PARK BUDGET, APPROVED BY

THE CITY COUNCIL FOR THIS FISCAL YEAR ONLY. STATE OF TEXAS STATUTES PROHIBIT THE OBLIGATION AND

EXPEDITURE OF PUBLIC FUNDS BEYOND THE FISCAL YEAR FOR WHICH A BUDGET HAS BEEN APPROVED.

THEREFORE, ANTICIPATED ORDERS OR OTHER OBLIGATIONS THAT MAY ARISE PAST THE END OF THE CURRENT

FISCAL YEAR SHALL BE SUBJECT TO BUDGET APPROVAL.

ASSIGNMENT

THE AWARDED VENDOR SHALL NOT SELL, ASSIGN, TRANSFER OR CONVEY THIS CONTRACT IN WHOLE, OR PART, WITHOUT THE PRIOR WRITTEN CONSENT OF THE PURCHASING DIVISION.

INTERLOCAL AGREEMENT

SUCCESSFUL BIDDER AGREES TO EXTEND PRICES AND TERMS TO ALL ENTITIES WHO HAVE ENTERED INTO OR

WILL ENTER INTO JOINT PURCHASING INTERLOCAL COOPERATION AGREEMENTS WITH THE CITY OF UNIVERSITY

PARK.

AUDIT

THE CITY OF UNIVERSITY PARK RESERVES THE RIGHT TO AUDIT THE RECORDS AND PERFORMANCE OF

SUCCESSFUL BIDDER DURING THE CONTRACT AND FOR THREE (3) YEARS THEREAFTER.

INSURANCE

THE CITY REQUIRES VENDOR(S) TO CARRY THE MINIMUM INSURANCE AS REQUIRED BY STATE LAWS.

ADDITIONAL INSURANCE MAY BE REQUIRED IN THE SOLICIATION PACKET. IF ADDITIONAL INSURANCE

REQUIREMENTS ARE INCLUDED IN THE SOLICIATION PACKET, THOSE REQUIREMENTS WILL PREVAIL.

PROTESTS

ALL PROTESTS REGARDING THE FORMAL SOLICITATION PROCESS MUST BE SUBMITTED IN WRITING TO THE

PURCHASING MANAGER WITHIN FIVE (5) WORKING DAYS FOLLOWING THE OPENING OF BIDS. THIS INCLUDES

ALL PROTESTS RELATING TO ADVERTISING OF SOLICIATION NOTICES, DEADLINES, PUBLIC OPENING, AND ALL

OTHER RELATED PROCEDURES UNDER THE LOCAL GOVERNMENT CODE, AS WELL AS ANY PROTESTS RELATING

TO ALLEGED IMPROPRIETIES OR AMBIGUITIES IN THE SPECIFICATIONS.

THE LIMITATION DOES NOT INCLUDE PROTESTS RELATING TO STAFF RECOMMENDATIONS AS TO AWARD OF A

CONTRACT. PROTESTS RELATING TO STAFF RECOMMENDATIONS MUST BE DIRECTED TO THE CITY COUNCIL BY

CONTACTING THE CITY SECRETARY PRIOR TO COUNCIL AWARD. ALL STAFF RECOMMENDATIONS WILL BE MADE

AVAILABLE FOR PUBLIC REVIEW 72 HOURS PRIOR TO CONSIDERATION BY THE CITY COUNCIL ON THE CITY’S

WEBSITE AT http://www.uptexas.org/Government/City-Council/Council-Minutes-and-Agendas.

CHANGE ORDERS

NO ORAL STATEMENT OF ANY PERSON SHALL MODIFY OR OTHERWISE CHANGE, OR AFFECT THE TERMS, CONDITIONS OR SPECIFICATIONS STATED IN THE RESULTING CONTRACT. ALL CHANGE ORDERS TO THE

CONTRACT WILL BE MADE IN WRITING BY THE CITY OF UNIVERSITY PARK.

MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS

A PROSPECTIVE BIDDER MUST AFFIRMATIVELY DEMONSTRATE BIDDER’S RESPONSIBILITY. THE CITY OF

UNIVERSITY PARK MAY REQUEST REPRESENTATION AND OTHER INFORMATION SUFFICIENT TO DETERMINE

BIDDER’S ABILITY TO MEET THESE MINIMUM STANDARDS INCLUDING BUT NOT LIMITED TO:

A. HAVE ADEQUATE FINANCIAL RESOURCES, OR THE ABILITY TO OBTAIN SUCH RESOURCES AS REQUIRED;

B. BE ABLE TO COMPLY WITH THE REQUIRED OR PROPOSED DELIVERY SCHEDULE;

C. HAVE SATISFACTORY RECORD OF PERFORMANCE;

D. HAVE A SATISFACTORY RECORD OF INTEGRITY AND ETHICS;

E. OTHERWISE QUALIFIED AND ELIGIBLE TO RECEIVE AN AWARD.

INDEMNIFICATION

THE CONTRACTOR AGREES TO DEFEND, INDEMNIFY AND HOLD THE CITY AND ITS RESPECTIVE OFFICERS, AGENTS AND EMPLOYEES, HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, JUDGMENTS, FINES, PENALTIES, COSTS AND EXPENSES FOR PERSONAL INJURY (INCLUDING DEATH), PROPERTY DAMAGE OR OTHER

HARM OR VIOLATIONS FOR WHICH RECOVERY OF DAMAGES, FINES, OR PENALTIES IS SOUGHT, SUFFERED BY

ANY PERSON OR PERSONS, THAT MAY ARISE OUT OF OR BE OCCASIONED BY CONTRACTOR'S BREACH OF ANY

OF THE TERMS OR PROVISIONS OF THIS CONTRACT, VIOLATIONS OF LAW, OR BY ANY NEGLIGENT, GROSSLY

NEGLIGENT, INTENTIONAL, OR STRICTLY LIABLE ACT OR OMISSION OF THE CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, INVITEES, SUBCONTRACTORS, OR SUB-SUBCONTRACTORS AND THEIR RESPECTIVE

OFFICERS, AGENTS, OR REPRESENTATIVES, OR ANY OTHER PERSONS OR ENTITIES FOR WHICH THE CONTRACTOR

IS LEGALLY RESPONSIBLE IN THE PERFORMANCE OF THIS CONTRACT. THE INDEMNITY PROVIDED FOR IN THIS

PARAGRAPH SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM THE SOLE NEGLIGENCE OF THE CITY, AND

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

GOVERNMENTAL IMMUNITY OR OTHER DEFENSES AVAILABLE TO IT UNDER TEXAS OR FEDERAL LAW. THE

PROVISIONS OF THIS PARAGRAPH ARE SOLELY FOR THE BENEFIT OF THE PARTIES HERETO AND ARE NOT

INTENDED TO CREATE OR GRANT ANY RIGHTS, CONTRACTUAL OR OTHERWISE, TO ANY OTHER PERSON OR

ENTITY.

CONTRACTOR AT ITS OWN EXPENSE IS EXPRESSLY REQUIRED TO DEFEND CITY AGAINST ALL SUCH CLAIMS. CITY

RESERVES THE RIGHT TO PROVIDE A PORTION OR ITS OWN ENTIRE DEFENSE; HOWEVER, CITY IS UNDER NO

OBLIGATION TO DO SO. ANY SUCH ACTION BY CITY IS NOT TO BE CONSTRUED AS A WAIVER OF CONTRACTOR’S

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

TO THIS AGREEMENT. CONTRACTOR SHALL RETAIN DEFENSE COUNSEL WITHIN SEVEN (7) BUSINESS DAYS OF

CITY’S WRITTEN NOTICE THAT CITY IS INVOKING ITS RIGHT TO INDEMNIFICATION UNDER THIS AGREEMENT. IF

CONTRACTOR FAILS TO RETAIN COUNSEL WITHIN THE REQUIRED TIME, CITY SHALL HAVE THE RIGHT TO RETAIN

DEFENSE COUNSEL ON ITS OWN BEHALF AND CONTRACTOR SHALL BE LIABLE FOR ALL COSTS INCURRED BY THE

CITY.

TERMINATION FOR DEFAULT

THE CITY OF UNIVERSITY PARK RESERVES THE RIGHT TO ENFORCE THE PERFORMANCE OF THIS CONTRACT IN

ANY MANNER PRESCRIBED BY LAW OR DEEMED TO BE IN THE BEST INTEREST OF THE CITY IN THE EVENT OF

BREACH OR DEFAULT OF THIS CONTRACT. THE CITY RESERVES THE RIGHT TO TERMINATE THE CONTRACT

IMMEDIATELY IN THE EVENT THE SUCCESSFUL BIDDER FAILS TO 1) MEET DELIVERY SCHEDULES OR, 2)

OTHERWISE PERFORM IN ACCORDANCE WITH THESE SPECIFICATIONS. BREACH OF CONTRACT OR DEFAULT

AUTHORIZES THE CITY TO AWARD TO ANOTHER BIDDER, PURCHASE ELSEWHERE AND CHARGE THE FULL

INCREASE IN COST AND HANDLING TO THE DEFAULTING SUCCESSFUL BIDDER.

REMEDIES

THE SUCCESSFUL BIDDER AND THE CITY OF UNIVERSITY PARK AGREE THAT EACH PARTY HAS RIGHTS, DUTIES, AND REMEDIES AVAILABLE AS STATED IN THE UNIFORM COMMERCIAL CODE AND ANY OTHER AVAILABLE

REMEDY, WHETHER IN LAW OR EQUITY.

VENUE

THIS AGREEMENT WILL BE GOVERNED AND CONSTRUCTED ACCORDING TO THE LAWS OF THE STATE OF

TEXAS. THIS AGREEMENT IS PERFORMABLE IN DALLAS COUNTY, TEXAS. EXCLUSIVE VENUE SHALL BE IN DALLAS

COUNTY, TEXAS.

SILENCE OF SPECIFICATION

THE APPARENT SILENCE OF THESE SPECIFICATIONS AS TO ANY DETAIL OR TO THE APPARENT OMISSION FROM

IT OF A DETAILED DESCRIPTION CONCERNING ANY POINT, SHALL BE REGARDED AS MEANING THAT…