RFP_5000_RBB3004_PAC1_v2.docx

INVITATION FOR BIDS

SOLICITATION - Instructions

SOLICITATION - Details Invitation

IDENTIFICATION

Type

Request for Proposals (RFP)

Number

RFP 5000 RBB3004

Title

Citywide Painting Services

Summary

To establish a pool of qualified Contractors to provide commercial painting services on an as-needed basis for City-owned facilities.

CONTACTS

Primary Contact

Ryan Braziel; (512) 978-2039; ryan.braziel@austintexas.gov

Secondary Contact

Brenita Wilkison (512) 974-3164; brenita.wilkison@austintexas.gov

Subcontractor Questions

Small Minority Business Resources Department; (512) 974-7600; SMBRComplianceDocuments@austintexas.gov

FSD Help Desk

Vendor Registration; (512) 974-2018; vendor@austintexas.gov

General Assistance

FSD Central Procurement (Front Desk); (512) 974-2500

DATES

Offers Due

Thursday, June 18, 2026; 2:00 pm CT

Offers Opened

Thursday, June 18, 2026; 3:00 pm CT

Questions Due

Tuesday, June 2, 2026; 5:00 pm CT

Pre-Offer Meeting

Tuesday, May 19, 2026; 10:00 am CT Join: https://teams.microsoft.com/meet/21940128598236?p=pX6yhf08aDax39oD99 Meeting ID: 219 401 285 982 36 Passcode: 3iW99io9 ________________________________________ Need help? | System reference Dial in by phone +1 512-831-7858,,237460421# United States, Austin Find a local number Phone conference ID: 237 460 421#

Attendance: Non-Mandatory

Solicitation Published

Monday, May 11, 2026

DOCUMENTS

Solicitation and Contract (Packet)

SOLICITATION - Solicitation Details (this document) SOLICITATION - Solicitation Instructions CONTRACT - Standard Terms and Conditions CONTRACT - Scope of Work

Contract Attachments

ATTACHMENT - Insurance

Offer Submittals

SUBMITTAL - Offer and Acceptance SUBMITTAL - Wage Theft Certificate SUBMITTAL - Local Business Preference SUBMITTAL - Small Business Preference SUBMITTAL - Prices and Pricing SUBMITTAL - Key Personnel SUBMITTAL - Subcontracting Plan-No goals

CODES

NIGP

14545 Paint and Varnish 91054 Painting, Maintenance and Repair Services (including caulking)

SOLICITATION - Instructions

1 REQUEST FOR PROPOSALS

1.1 Invitation. The City of Austin invites all Responsible Offerors to submit Proposals to provide the goods and/or services described in this Solicitation.

1.2 Documents. This Request for Proposals (“RFP” or “Solicitation”) is composed of all documents listed in the Attachments section of the Solicitation Cover Sheet.

1.3 Process. The process described in this RFP is the Competitive Sealed Proposals process. This process is procedurally compliant with the competitive proposal processes prescribed by Texas Local Government Code Ch. 252 and Ch. 271.

1.4 Changes. The City may change or revise any of the contents of this Solicitation through the issuance of a written Addendum. Any Addenda issued will be added to the Attachments section of the Solicitation Cover Sheet. The Version number displayed in the Solicitation Cover Sheet will indicate the number of Addenda issued. Any explanation, clarification, interpretation or change to the Solicitation made in any other manner is not binding upon the City, and Offerors shall not rely upon such explanation, clarification, interpretation, or change. Oral explanations or instructions given before the award of the Contract are not binding.

1.5 Review of Documents. Offerors shall review the entire Solicitation, as revised. Offerors shall notify the Authorized Contact Person(s) listed on the Solicitation Cover Sheet in writing of any omissions, ambiguities, inconsistencies or errors in the Solicitation prior to the Offer Due Date and Time displayed in the Important Dates section of the Solicitation Cover Sheet. Offerors shall also notify the City of any Solicitation contents the Offeror believes may be unreasonably restrictive.

1.6 Cancellation. The City reserves the right to cancel this Solicitation at any time for any reason and to resolicit the goods and services included in this Solicitation.

2 PUBLICATION AND NOTICES

2.1 Publication. This Solicitation was published on the City’s financial services website, Austin Finance Online, as of the Published date displayed in the Solicitation Cover Sheet section.

2.2 Email Notices. On the Solicitation’s Published date, email notices regarding this Solicitation were issued to all vendors registered in Austin Finance Online, that had previously selected the NIGP Codes displayed in the Solicitation Cover Sheet section. All subsequent email notices regarding this Solicitation will be limited to those vendors or other persons that subscribe to this Solicitation in Austin Finance Online.

2.3 Newspaper Notices. If applicable, one or more notices of this Solicitation were published in the newspaper as required by statute.

2.4 Third-Party Notices. Austin Finance Online is the only source of official notices regarding this Solicitation. Prospective Offerors shall not rely on any notices concerning this Solicitation received from sources other than Austin Finance Online.

3 COMMUNICATIONS AND MEETINGS

3.1 Authorized Contact Persons. The names and contact information for the authorized contact persons for this Solicitation are displayed in the Solicitation Cover Sheet. Offerors needing assistance contacting an Authorized Contact Person regarding this Solicitation may also contact Austin Financial Services - Central Procurement’s main line at (512) 974-2500 and request assistance from any member of Austin Financial Services - Central Procurement’s management team. Offerors may direct specific questions concerning subcontractors and responding to the Minority-owned Business Enterprise and Women-owned Business Enterprise Procurement Program requirements to the ASMBR contact, also listed on the Solicitation Cover Sheet.

3.2 Questions. Offerors shall submit any questions concerning this Solicitation in writing via e-mail to the Authorized Contact Persons displayed on the Solicitation Cover Sheet. The City will respond to all questions received by the Questions Due Date and Time displayed on the Solicitation Cover Sheet. The City will publish one or more Addenda displaying all timely received questions and the City’s responses to each for any information not already contained in the solicitation.

3.3 Vendor Help Desk. For general questions concerning the City’s online financial services system, Austin Finance Online, Vendor Connection (“Vendor Connection”), Offerors may contact the Vendor Help Desk at (512) 974-2018. Assistance from the Vendor Help Desk is limited to navigating and using Vendor Connection only. The Vendor Help Desk will not respond to any questions concerning a specific Solicitation.

3.4 Pre-Offer Conferences. The City may hold one or more pre-offer conferences to review the Solicitation and to receive verbal questions. The Solicitation Cover Sheet will display if a Pre-Offer Conference is being held and if attendance at this meeting is mandatory. If a Pre-Offer Conference is planned, the date, location, time, and any other necessary information regarding this meeting will also be displayed in the Solicitation Cover Sheet. Attendance at any Pre-Offer Conference will be recorded and will be included in an Addendum published following the meeting. As the Solicitation is subject to changes (See Solicitation Instruction, 1.4 Changes.) Offerors shall not rely on verbal exchanges that may occur at a Pre-Offer Conference. Offerors shall continue to submit all questions in writing. (See Solicitation Instructions, 3.2 Questions.)

3.5 Site Visits. The City may hold one or more site visits to allow prospective Offerors to inspect the location(s) where work under any resulting contract will be performed and to receive verbal questions. The Solicitation Cover Sheet will display if a Site Visit is being held and if attendance at this meeting is mandatory. If a Site Visit is planned, the date, location, time, and any other necessary information regarding this meeting will also be displayed in the Solicitation Cover Sheet. Attendance at any Site Visit will be recorded and will be included in an Addendum published following the meeting. As the Solicitation is subject to changes (See Solicitation Instruction, 1.4 Changes.) Offerors shall not rely on verbal exchanges that may occur at a Pre-Offer Conference. Offerors shall continue to submit all questions in writing. (See Solicitation Instructions, 3.2 Questions.)

3.6 No-Lobbying. In accordance with Austin City Code, sec. 2-7-101, et. seq., Austin City Ordinance no. 20180614-056, and applicable Administrative Rules, this Solicitation is subject to certain limits on communication by Offerors and their agents. The No-Lobbying period for this Solicitation starts on the Published Date displayed on the Solicitation Cover Page and continues through the earliest of the following: (i) the Solicitation is cancelled, (ii) the last of any resulting contract(s) are executed, or (iii) 60-days following Council authorization of the last contract resulting from this Solicitation. The No-Lobbying Period continues throughout the completion of the solicitation process. During the No-Lobbying Period, Offerors, Respondents and/or their Agents shall not make any prohibited communications to City Officials or City employees other than the Authorized Contact Persons. Respondents include both prospective and actual Offerors.

4 OFFER PREPARATION

4.1 Offer Submittals. Offerors intending to respond to this Solicitation shall download and complete each of the Submittal documents listed in the Solicitation Cover Sheet. Submittal documents will include additional Solicitation instructions specific to its contents. Offerors will complete each Submittal in accordance with the instructions in the submittal. At a minimum, submittals will include a Price Offer, a Technical Offer, and an Offer and Certifications submittal.

4.2 Alternate Offers. Unless excluded elsewhere in the Solicitation, Offerors may submit alternative Offers, in addition to their primary Offer. Offerors seeking to submit an alternative Offer may include with their completed Submittals, any alternative Submittals as applicable.

4.3 Exceptions. Offerors shall indicate if they take exception to any portions of the Solicitation in their Proposal. Any exceptions included in the Proposal may negatively impact the City’s evaluation of the Proposal or may cause the City to reject the Proposal entirely.

4.4 Offer Acceptance Period. All Offers are valid for a period of one hundred and eighty (180) calendar days subsequent to the RFP closing date unless a longer acceptance period is offered in the proposal.

4.5 Proprietary and Confidential Information. 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. Offerors seeking to keep any portions of their Offer confidential shall mark each such portion as “Proprietary.” The City will, to the extent allowed by law, endeavor to protect such information from disclosure. The City may request a review and determination from the Attorney General’s Office of the State of Texas, of any Proposal contents marked as “Proprietary.” A copyright notice or symbol is insufficient to identify proprietary or confidential information.

4.6 Cost of Offer Preparation and Participation. Offerors are responsible for all costs related to the preparation of their Offer and incurred while participating in this Solicitation process.

4.7 Minority and Women Owned Business Enterprise (MBE/WBE) Procurement Program. If the solicitation includes an MBE/WBE Program Compliance Plan or Offeror intends to subcontract, the Offeror shall comply with the provisions of Chapters 2-9A and B, of the Austin City Code and the terms of the Compliance Plan or Subcontractor Utilization Plan as approved by the City (the “Plan”).

4.8 Wage Theft. This Solicitation is subject to City Code, Chapter 4-22 Wage Theft (Ordinance No. 20221201-031 | Code of Ordinances | Austin, TX | Municode Library). In accordance with City Code, Ch. 4-22, any Employer that submits an Offer to the City is required to provide certification (see the Employer Certification Wage Theft Ordinance – Responsibility Criteria included in this the Solicitation) that they have not been adjudicated for Wage Theft related incidents within five (5) years prior to the date set forth within the Employer Certification Wage Theft Ordinance – Responsibility Criteria. Additionally, City Code, Ch. 4-22 Wage Theft, requires all Employers to complete a training program designed by the Wage Theft Coordinator on federal and state wage laws and the provisions of City Code, Ch. 4-22 Wage Theft. All Employers must complete the City of Austin Wage Theft Training within 30 days of being awarded a contract with the City. Contact the Wage Compliance Training to register for training or additional information at wagetheft@austintexas.gov.

4.9 Pricing Requirements – Non-Specified Items.

4.9.1 The City may purchase additional related items that are available from the Contractor in various quantities. Pricing for these non-specified items will be calculated based on a percentage markup over Contractor’s cost as identified in the Price Sheet under the Non-Specified Parts Section.

4.9.2 Offeror shall bid a percentage markup to their cost.

4.9.2.1 The percentage markup shall be fixed throughout the term of the Contract and are not subject to increase. They shall also remain firm through subsequent renewal periods if the City and the Contractor choose to renew the Contract.

4.9.2.2 The Offeror may offer a different percentage discount or markup amount per manufacturer for any Non-Specified Part; however, parts within each manufacturer’s product line shall be priced by taking the stated list price and applying that percentage discount or markup.

4.10 Hazardous Materials.

4.10.1 If this Solicitation involves hazardous materials, the Offeror shall furnish with the Offer Safety Data Sheets (SDS), (OSHA Form 20), on all chemicals and hazardous materials specifying the generic and trade name of product, product specification, and full hazard information including receiving and storage hazards. Instructions, special equipment needed for handling, information on approved containers, and instructions for the disposal of the material are also required.

4.10.2 Failure to submit the SDS as part of the Offer may subject the Offer to disqualification from consideration for award.

4.10.3 The SDS, instructions and information required in paragraph “A” must be included with each shipment under the contract.

5 OFFER SUBMISSION

5.1 Electronic Offers. All Offers in response to this solicitation shall be submitted electronically (electronic documents) to the City of Austin using the Solicitation’s eResponse function, available through the City’s online financial system, Austin Finance Online. To submit Electronic Offers using the eResponse function, Offeror’s must first be registered as a vendor with the City of Austin in Austin Finance Online. See Instructions, Submitting Offers in Austin Finance Online. For any questions or problems concerning eResponse, please contact vendor@austintexas.gov and copy the Procurement Specialist listed on the Cover Sheet. For immediate attention, call 512-974-2467.

5.2 Due Date and Time for Electronic Offers. Electronic Offers in response to this Solicitation shall be submitted via eResponse by the Offer Due Date and Time displayed in the Important Dates section of the Solicitation Cover Sheet. The system time within Austin Finance Online shall be the official time of record for Electronic Offers.

5.3 Withdrawing Electronic Offers. Electronic Offers submitted online in response to this Solicitation may be withdrawn, revised, and resubmitted using the eResponse function any time prior to the Solicitation’s Due Date and Time. Withdrawn Electronic Offers may be resubmitted, with or without modifications, up to the Solicitation’s Due Date and Time.

5.4 Late Electronic Offers. The Solicitation’s eResponse function in Austin Finance Online will not allow Electronic Offers to be submitted past the Solicitation’s Due Date and Time.

5.5 Opening Electronic Offers. The information regarding Electronic Offers will become available on or shortly after the Offer Opening Date and Time stated on the Solicitation’s Cover Sheet. When Electronic Offers are opened, the names of each Offeror would be displayed within the Solicitation’s eResponse section. For Solicitations conducted via Competitive Sealed Bidding, the Price Offer for each Offeror will also be displayed in the eResponse section.

6 OFFER EVALUATION

6.1 Bases of Competition. The City may compare Offers based on groups or categories and will choose the basis or bases of competition that best meets the City’s needs for the resulting contracts. The basis or bases of competition for each RFP will be described in section 11, Evaluation of Offers below.

6.2 Minimum Responsiveness. Proposals are Minimally Responsive when they include all of the Submittals listed in this Solicitation, completed and with sufficient detail in each to evaluate the Proposal in accordance with the Solicitation’s Instructions. Proposals that are not Minimally Responsive may be deemed non-responsive and rejected.

6.3 Responsibility. An Offeror is responsible if they have the financial and practical ability, resources, expertise, past performance, and positive compliance history with all City ordinances. An Offer may be rejected if an Offeror is determined to not be responsible.

6.4 Clarifications. Any time after the opening of Proposals, the City may contact Offerors to ask questions about their Proposal’s contents in order to better understand these contents as-written. Responses to clarification questions, whether done verbally or submitted in writing, do not change the Proposal’s contents. Clarifications are not to be confused with Discussions as described herein.

6.5 Evaluation. Proposals that are Minimally Responsive will be evaluated based on the Evaluation Factors listed in Section 11.1 of the Solicitation Instructions. Evaluation Factors correspond to their specified Submittals and shall indicate their respective weighting next to each. Proposal submittals not identified as Evaluation Factors will be evaluated on a pass / fail basis in accordance with the Solicitation’s Instructions and any further instructions within each Solicitation. Although minimum responses are required in all Submittals, the Submittals identified as Evaluation Factors will be used to differentiate the Proposals and to identify which Proposal(s) represent the Best Value to the City. The City’s evaluation may be made without Clarifications or Discussions with Offerors. Proposals should, therefore, include the Offeror’s most favorable terms.

6.6 Discussions and Proposal Revisions. After completing initial evaluations, the City may enter into discussions (communications which may include negotiations and feedback about the Proposal submitted) with one or more Offerors submitting the highest rated Proposal(s). Following the completion of Discussions, the City may request Proposal revisions from these Offerors. The City may seek multiple rounds of Discussions and Proposal revisions as deemed necessary by the City. The City may revise its initial evaluations depending on the contents of any Proposal revisions received following these Discussions.

6.7 Interviews/Presentations. The City may require that one or more Offeror submitting the highest rated Proposals participate in interviews and/or presentations.

7 CONTRACT AWARD AND EXECUTION

7.1 Award Determination. City staff will recommend Contract award to the Offeror(s) submitting the highest rated Proposal(s) based on the Evaluation Factors set forth in this Solicitation. The Award Determination will be published to Austin Finance Online and notice will be sent to all Offerors subscribed to the Solicitation.

7.2 Multiple Awards. If the City determines that multiple contracts are needed, the City will award one or more additional contracts to the Offeror(s) submitting the next highest rated Proposal(s).

7.3 Contract Execution. Contracts within the City Manager’s authority will be awarded and executed simultaneously. Contracts above the City Manager’s authority will be executed following their authorization by the Austin City Council.

8 ADMINISTRATIVE MATTERS

8.1 Solicitation File. All documents included in this Solicitation, and all timely received Offers in response to this Solicitation, except for Offer contents deemed by Offerors to be proprietary and confidential, will be available for public inspections upon the execution of the contract.

8.2 Debriefings. Offerors may request a debriefing meeting to ask any questions concerning the Solicitation’s contents, process, or the evaluation of their Offer. Debriefing meetings are informal exchanges and may be requested anytime following the earlier of (i) after the contract resulting from this Solicitation is executed, or in the case of multiple awards, the last contract is executed; (ii) the date the Solicitation is cancelled. Debriefings are not public called meetings in accordance with the Texas Open Meetings Act and are usually limited to a single Offeror and any of their representatives. Only information regarding the Solicitation documents and the Offeror’s Offer (including City’s evaluation of the Offer) in response to the Solicitation will be discussed.

8.3 Reservations. The City reserves the right to: (i) specify approximate quantities in the Solicitation; (ii) extend the Solicitation due date and time; (iii) add additional terms or modify existing terms in the Solicitation; (iv) reject an Offer containing exceptions, additions, qualifications or conditions not called for in the Solicitation; (v) reject an Offer received from an Offeror who is currently debarred or suspended by the City, State, or Federal Government; (vi) reject an Offer that contains fraudulent information; (vii) reject an Offer that has material omissions; (viii) reject any or all Offers; (ix) procure any goods or services included in this Solicitation by other means; (x) consider and accept alternate Offers, if specified in the Solicitation, when most advantageous to the City; (xi) reject an Offer if prices in the Offer are unbalanced (some prices are significantly high and other prices are significantly low) and/or (xii) waive any minor informality in any Offer or procedure so long as the deviation does not affect the competitiveness of the Solicitation process.

8.4 Protests. Austin Financial Services - Central Procurement has the authority to settle or resolve any claim of an alleged deficiency or protest. The procedures for notifying the City of Austin of an alleged deficiency or filing a protest are listed below. If you fail to comply with any of these requirements, Austin Financial Services - Central Procurement may dismiss your complaint or protest.

8.4.1 Protest regarding the Solicitation (Pre-Submittal Protest). Any protest regarding the Solicitation by the City shall be filed no later than five (5) business days prior to the due date and time for proposals. Any protest filed after that date which raises issues regarding the Solicitation will not be considered.

8.4.2 Protests regarding the evaluation of Proposals. Any protest regarding the evaluation of Proposals by the City shall be filed with the City no later than five (5) business days after the notification of award recommendation is posted on Austin Finance Online, or notification that the protestor’s status as a Offeror has changed, such as notification that an Offer has been found to be non-responsive or an Offeror has been found to be non-responsible. Any protest filed after such date which raises issues regarding the evaluation will not be considered. Offerors may only protest the evaluation of their Proposal.

8.4.3 Protest Regarding Award of Contract (Post-Award Protest). Any protest regarding the award of the contract shall be filed no later than ten (10) business days after the date of award. Any protest regarding the award of the contract filed after such date will not be considered.

8.4.4 You shall submit your protest in writing, and it shall include the following information: (i) your name, address, telephone, and email address; (ii) the Solicitation number; (iii) the specific facts and/or law upon which the protest of the Solicitation or the award is based, including all pertinent documents and evidence thereto; and (iv) the form of relief requested.

8.4.5 Your protest shall be concise and presented logically and factually to help with the City’s review.

8.4.6 When the City receives a timely written protest, Austin Financial Services - Central Procurement will determine whether the grounds for your protest are sufficient. If Austin Financial Services - Central Procurement decides that the grounds are sufficient, Austin Financial Services - Central Procurement will schedule a protest hearing, usually within five (5) business days. If Austin Financial Services - Central Procurement determines that your grounds are insufficient, the City will notify you of that decision in writing.

8.4.7 The protest hearing is informal and is not subject to the Open Meetings Act. The purpose of the hearing is to give you a chance to present your case, it is not an adversarial proceeding. Those who may attend from the City are: representatives from the department that requested the purchase, the Department of Law, Austin Financial Services - Central Procurement, and other appropriate City staff. You may bring a representative or anyone else that will present information to support the factual grounds for your protest with you to the hearing.

8.4.8 A decision will usually be made within fifteen (15) calendar days after the hearing.

8.4.9 The City will send you a copy of the hearing decision after the appropriate City staff has reviewed the decision.

8.4.10 When a protest is filed, the City usually will not make an award until a decision on the protest is made. However, the City will not delay an award if the City Manager or Austin Financial Services - Central Procurement determines that the City urgently requires the supplies or Services to be purchased, or failure to make an award promptly will unduly delay delivery or performance. In those instances, the City will notify you and make every effort to resolve your protest before the award.

8.5 Interested Parties Disclosure. As a condition to entering the Contract, the Business Entity constituting the Offeror must provide the following disclosure of Interested Parties to the City prior to the award of a contract with the City on Form 1295 “Certificate of Interested Parties” as prescribed by the Texas Ethics Commission for any contract award requiring council authorization. The Certificate of Interested Parties Form must be completed on the Texas Ethics Commission website, printed, and signed by the authorized agent of the Business Entity with acknowledgment that disclosure is made under oath and under penalty of perjury. The City will submit the “Certificate of Interested Parties” to the Texas Ethics Commission within 30 days of receipt from the successful Offeror. The Offeror is reminded that the provisions of Local Government Code 176, regarding conflicts of interest between the Offerors and local officials remain in place. Link to Texas Ethics Commission Form 1295 process and procedures below: https://ethics.state.tx.us/filinginfo/1295/.

9 DEFINITIONS. Whenever a term defined by the Uniform Commercial Code, as enacted by the State of Texas, is used in the Contract, the UCC definition shall control, unless otherwise defined in the Contract.

“Addendum” means a written instrument issued by the Contract Awarding Authority that modifies or clarifies the Solicitation prior to the Due Date. “Addenda” is the plural form of the word.

“Austin Financial Services – Central Procurement” refers to the line of business within the City of Austin’s, Austin Financial Services, responsible for the City’s procurement business function.

“Best Offer” means the best evaluated Offer in response to a Request for Proposals or Request for Qualifications/Statements.

“Best Offeror” means the Offeror submitting the Best Offer.

“City” means the City of Austin, a Texas home-rule municipal corporation.

“Offer” means a complete signed response to a Solicitation including, but not limited to, a Request for Proposals.

“Offeror” means a person, firm, or entity that submits an Offer in response to this Solicitation. Any Offeror may be represented by an agent after submitting evidence demonstrating the agent’s authority. The agent cannot certify as to his own agency status.

“Proposal” means a complete, properly signed Offer to a Request for Proposals.

“Chief Procurement Officer” means the officer of Austin Financial Services – Central Procurement and the principal recipient of procurement authority from the City Manager.

“Request for Proposals” means all documents utilized for soliciting Proposals.

“Responsible Offeror” means the financial and practical ability of the Offeror to perform the Contract and takes into consideration resources, expertise, and past performance of the Offeror as well as compliance with all City ordinances concerning the purchasing process.

“Responsive” means meeting all the requirements of a Solicitation.

“Solicitation” means this Request for Proposals or RFP.

“Wage Theft” means any action by an employer that secures performance of a service by agreeing to provide compensation for the service and, after the service is rendered, fails to make full payment.

10 PROPOSAL SUBMITTALS.

10.1 Executive Summary. Provide an Executive Summary that summarizes your RFP response and confirms you will comply with the requirements, provisions, terms, and conditions specified in this solicitation. The Executive Summary should be in the form of a standard business letter on official business letterhead and signed by an authorized representative of Offeror. Include the complete name and address of your firm, telephone number, and email address of the person the City of Austin should contact regarding your firm’s response.

10.2 Authorized Negotiator: Include name, address, email, and telephone number of a person in your organization authorized to negotiate Contract terms and render binding decisions on Contract matters.

10.3 Technical Approach & Project Plan. The Offeror shall describe in detail the Offeror’s work plan and approach to providing painting services as described in the Scope of Work

10.4 Offeror Experience. Offerors shall provide a description of their qualifications to assume the responsibilities required for this opportunity, including:

10.4.1 Firm History and Presence.

10.4.2 Relevant Company Experience.

10.4.3 Financial Qualifications.

10.4.4 References.

10.5 Personnel. Offerors shall provide the names and qualifications of all professional personnel who will be assigned to this project. Identify key people by name and title. Provide all resumes.

10.6 Project management Structure. A chart or other visual representation of the project team indicating reporting structures for personnel from the primary firm that also indicates the reporting structure to primary firm of any subcontractors.

10.7 Price Proposal. Whichever Offeror offers the City the most competitive price will be awarded the maximum amount of points. Remaining points will be distributed on a pro-rated basis.

10.8 Local Business Preference – Optional. The City of Austin seeks to promote additional opportunities for Local Businesses to participate under City contracts. Local Businesses responding to this Solicitation may be eligible to receive preference as described in the Local Business Preference Form, included with this Solicitation (see Offer and Certification Form). To receive this preference, Offerors must complete the form and include the completed form with their Offer.

Note: Local Business Preference may not be allowable, and will not be provided, in solicitations subject to federal funding.

10.9 Small Business Preference – Optional. The City of Austin seeks to promote additional opportunities for Small Businesses to participate under City contracts. Small Businesses responding to this Solicitation may be eligible to receive preference as described in the Small Business Preference Form, included with this Solicitation. To receive this preference, Offerors must complete the form and include the completed form with their Offer.

10.10 Local and Small Businesses Points. Proposals from Local Business and Small Businesses will be assigned points based on the following.

11 EVALUATION OF OFFERS

11.1 Evaluation Criteria

11.2 Interviews and/or presentations, Optional. The City will score proposals on the basis or bases of the criteria listed above. The City may select a “short list” of Offerors based on those scores. “Short-listed” Offerors may be invited for presentations, demonstrations, or discussions with the City. The City reserves the right to re-score “short-listed” proposals as a result, and to make award recommendations on that basis or bases.

CONTRACT - Standard Terms and Conditions General Parties, Offer and Acceptance The parties to this Contract include the City of Austin, Texas (City) and the Contractor set forth in the referenced submittal.

See SUBMITTAL - Offer and Acceptance Interpretation This Contract is intended by the parties as a final, complete and exclusive Statement of the terms of their agreement. No course of prior dealing between the parties or course of performance or usage of the trade shall be relevant to supplement or explain any term used in the Contract. Although the Contract may have been substantially drafted by one party, it is the intent of the parties that all provisions be construed in a manner to be fair to both parties, reading no provisions more strictly against one party or the other. Whenever a term defined by the Uniform Commercial Code, as enacted by the State of Texas, is used in the Contract, the UCC definition shall control, unless otherwise defined in the Contract.

Indefinite Quantities Quantities of goods and/or services to be provided under this contract are indefinite and are included as estimates only. The City reserves the right to purchase more or less of these quantities during the Contract’s term. The City will specify the quantities of goods and/or services required within each order issued under this contract.

Notices, Contacts Unless otherwise specified, all notices, requests, or other communications required or appropriate to be given under the Contract shall be in writing and shall be deemed delivered three business days after postmarked if sent by U.S. Postal Service Certified or Registered Mail, Return Receipt Requested. Notices delivered by other means shall be deemed delivered upon receipt by the addressee. Notices to the Contractor shall be sent to the address registered with the City. Notices to the City shall be addressed to: City of Austin, Financial Services Department-Central Procurement, 505 Barton Springs Road, Ste 330, Austin, TX 78704 and marked to the attention of the assigned Procurement Specialist.

Cooperative Use, Allowable Cooperative use of this contract by other governments is allowable, if the other government has entered into an interlocal agreement with the City of Austin, pursuant to Chapter 791, Texas Government Code.

Contract Term, Multi-Year, Optional Extensions A. The Contract shall commence upon execution unless otherwise specified and shall continue in effect until all obligations are performed in accordance with the Contract. Upon written notice to the Contractor from the City’s Procurement Officer or designee, unless specified otherwise in the Scope of Work, the Contract may be extended beyond the initial term at the City’s sole option unless the Contractor is notified 30 days prior to the expiration. If the City exercises any extension option, all terms, conditions, and provisions of the Contract shall remain in effect for that extension period, subject only to any economic price adjustment otherwise allowed under the Contract.

B. Upon expiration of the initial term or any period of extension, the Contractor agrees to holdover under the terms and conditions of this Contract for such a period as is reasonably necessary for the City to re-solicit and/or complete the Deliverables due under this Contract. Any holdover period will not exceed 180 calendar days unless mutually agreed on by both parties in writing.

Assignments, Delegations The Contract shall be binding upon and ensure to the benefit of the City and the Contractor and their respective successors and assigns, provided however, that no right or interest in the Contract shall be assigned and no obligation shall be delegated by the Contractor without the prior written consent of the City. Any attempted assignment or delegation by the Contractor shall be void unless made in conformity with this Paragraph. The Contract is not intended to confer rights or benefits on any person, firm or entity not a party hereto; it being the intention of the parties that there be no third-party beneficiaries to the Contract.

Modifications The Contract can be modified or amended only in writing and signed by both parties. No pre-printed or similar terms on any Contractor Invoice, Order, clickwrap agreement or other document shall have any force or effect to change the terms, covenants, and conditions of the Contract.

Holidays Dates for the holidays observed by the City can be found here https://www.austintexas.gov/department/official-city-holidays If a Legal Holiday falls on Saturday, it will be observed on the preceding Friday. If a Legal Holiday falls on Sunday, it will be observed on the following Monday.

Definitions “Affiliate” – including but not limited to, (i) Contractor’s parent, subsidiaries, sister companies, partnerships, joint ventures, franchisees, assigns, business partners, contractors, subcontractors and consultants, controlling, controlled by or under common control of Contractor as they may change from time to time and (ii) Users, as they may change from time to time.

“Amendment” – a written document executed by both Parties that modifies the terms of this Contract, including referenced attachments.

“Authorized Persons” – the Contractor personnel (including subcontractor personnel) located in the contiguous United States having successfully completed the required background check and related requirements of the Contract.

“Change Order Request” – the written document provided by the City to Contractor requesting changes to Contractor’s obligations under this Contract.

“Change Order Response” – the written document provided to the City by Contractor in response to City’s Change Order Request.

“City Confidential Information” – (a) information provided by the City that is marked or identified as confidential, (b) information, including software, computer programs, documentation, processes, procedures, techniques, technical, financial, customer, personnel and other business information of a non-public nature that would reasonably be understood to be confidential whether or not marked or identified as confidential, (c) information generated by Contractor (or subcontractor) that contains, reflects, or is derived from Confidential Information, (d) Personal Identifying Information, (e) Restricted Data , and (f) all other information made confidential by federal, state or local law or regulation. City Confidential Information is part of City Data.

“City Data” – data or information (in any form) regarding the City or its customers that is created, collected, provided, obtained, or otherwise made available in connection with this Contract to an Authorized Person.

“City Identified Contact” – the person or persons designated in writing by the City to receive security incident notifications.

“City” – the City of Austin, Texas, a municipal corporation and subdivision of the State of Texas, or a department of same.

“Cloud Service” – any Service made available to Users via the Internet from a provider's servers as opposed to being provided from the City’s own on-premises servers. In this instance, it would mean such Services provided by the Contractor.

“Confidential Information” – all written or oral information, which may be disclosed by either Party to the other, related to the business operations of either Party or a third party that has been identified as confidential or that by the nature of the information or the circumstances surrounding disclosure ought reasonably to be treated as confidential; “City Confidential Information” is a subsets of Confidential Information.

“Contract” – the final general authorizing document (including Change Orders thereto) utilized by the City to procure Services from Contractor and any attachments and appendices attached thereto.

"Contract Price" – the total amount to be paid to Contractor under any Purchase Order as it may be adjusted or changed in accordance with the terms of the final Contract.

“Contractor” – the contractor and its employees, subcontractors, agents and affiliates who are providing the services agreed to under the contract.

“Contractor Information” – all techniques, algorithms and methods or rights thereto owned by or licensed to Contractor during the term of this Contract and employed by Contractors in connection with the Services provided to City.

“Contractor Software” – software that was developed or licensed to Contractor independent of this Contract and which Contractor utilizes to provide the Subscription Services or the Non-subscription Services.

“Data Breach” – the unauthorized access by a non-authorized person(s) that results in the use, disclosure or theft of City’s or City’s customers’ unencrypted Personally Identifiable Information or City Confidential Information.

“Documentation” – the documentation created by the Contractor for the Services provided but does not include customized documentation prepared under the Contract and which are Deliverables under the Contract, including the Statement of Work; such Deliverables are wholly owned by City and Contractor shall make no claim to such Deliverables.

“Facility” – the City designated facility or location set forth in the Purchase Order where Services are to be performed by Contractor or Supplier or software installed.

“FACTA” – the Fair and Accurate Credit Transactions Act, 15 U.S.C. §§ 1681-1681x.

“Final Acceptance Date” – the date upon which the City confirms that all Services and Work Products have been completed and tested and function in accordance with the terms of the Contract.

“IaaS Subscription Schedule” – the document, part of the Contract, executed by both Parties that sets out the Parties’ rights and obligations with respect to City’s access to and use of the IaaS services.

“Infrastructure-as-a-Service” (IaaS) – the capability provided to the consumer to provision processing, storage, networks and other fundamental computing resources where the consumer is able to deploy and run arbitrary software, which can include operating systems and applications. The consumer does not manage or control the underlying cloud infrastructure but has control over operating systems, storage, deployed applications and possibly limited control of select networking components (e.g., host firewalls).

“Non-Public Data” – data typically considered internal and used for city business or mission needs. All information is considered Non-Public unless otherwise classified or explicitly defined through the Information Governance Program or official policy or procedural documents.

“Public Data” means data typically created for public release or released to the public through management decision and/or a public information request.

“Restricted Data” means data typically exempt from public disclosure requirements under the provisions of applicable state or federal law. Examples of restricted information are regulated and confidential data.

“Non-Subscription Services” – the Services provided to City by Contractor under this Contract that are not included in the definition of Subscription Services. Non-subscription Services shall include, but not be limited to, consulting, implementation, customization and other services provided to City by Contractor under this Contract, together with all documentation provided by or otherwise required of Contractor for any of the consulting, implementation, customization or other Services it provides.

“PaaS Subscription Schedule” – the document, part of the Contract, executed by both Parties that sets out the Parties’ rights and obligations with respect to City’s access to and use of the PaaS services.

“Party” or “Parties” – the City and Contractor, individually or together, as applicable.

“Personally Identifiable Information” – information that can be used to distinguish or trace an individual's identity, either alone or when combined with other personal or identifying information that is linked or linkable to a specific individual. PII includes, but is not limited to, personal information and/or personal data. Some forms of PII are considered Restricted Data and require additional protection, including, but not limited to, Sensitive Personal Information (SPI), Sensitive and/or Protected PII, and Protected Health Information (PHI).

“Platform-as-a-Service” (PaaS) – the capability provided to the City to deploy onto the cloud infrastructure consumer-created or -acquired applications created using programming languages and tools supported by the provider. This capability does not necessarily preclude the use of compatible programming languages, libraries, services and tools from other sources. The consumer does not manage or control the underlying cloud infrastructure, including network, servers, operating systems or storage, but has control over the deployed applications and possibly application hosting environment configurations.

“Purchase Order” – the general authorizing document (including Change Orders thereto) utilized by the City to procure Services from Contractor under this Contract and any attachments and appendices attached thereto.

“SaaS Software Application” and “SaaS Software” – the computer software listed on a SaaS Subscription Schedule to which Contractor has granted City access and use as part of the Subscription Services. This includes any customization, other derivative works, upgrades, releases, fixes, patches, etc. related to the software that Contractor develops or deploys during the term of this Contract, together with all documentation provided by or otherwise required of Contractor for any of the software, customization, other derivative works, upgrades, releases, fixes, patches, etc.

“SaaS Subscription Schedule” – the document, part of the Contract, executed by both Parties that sets out the Parties’ rights and obligations with respect to City’s access to and use of the SaaS Software Application.

“Security Incident” – any actual or potential unauthorized disclosure of, or unauthorized access to, City Confidential Information; or a violation or imminent threat of violation of computer security policies, acceptable use policies, or violation or imminent threat of violation of industry standard security practices.

“Service Level Agreement” (SLA) – a written agreement between both the City and the Contractor that is subject to the terms and conditions of the Contract that, unless otherwise agreed, includes (1) the technical service level performance promises, (i.e. metrics for performance and intervals for measure), (2) description of service quality, (3) identification of roles and responsibilities, (4) security responsibilities and notice requirements, (5) how disputes are discovered and addressed, and (6) any remedies for performance failures by or otherwise required of Contractor for any of the software, customization, other derivative works, upgrades, releases, fixes, patches, etc.

“Service Levels” – the performance specifications for work performed by the Contractor under a SaaS Subscription Schedule or Statement of Work.

"Services" – work, direction of work, installation services, technical information, technical consulting, software programming and development, software maintenance and support services, or other professional and technical services furnished by Contractor as described in detail in the final Contract.

“Software” – the computer programs in source code, object code or binary form or in any other form, including any related or included computer programs, whether owned by Licensor or licensed to Licensor by a third party which has authorized Licensor to sublicense such computer programs, and including any documentation or related materials concerning the application, use, training of users, theory of operation, maintenance or any other aspect of the Software.

“Software-as-a-Service” (SaaS) – the Services provided to the City to use the Contractor’s offering running on non-City owned infrastructure. The User does not manage or control the underlying cloud infrastructure including network, servers, operating systems, storage or even individual application capabilities, with the possible exception of limited user-specific application configuration settings.

“Specifications” – those technical specifications attached to the Contract and to which the Services and Work Products supplied by Contractor must conform.

“Statement/Scope of Work” – a written statement of Deliverables including Services and, ultimately, the Contract, which describes the City’s Service needs and expectations.

“Subscription Services” – City’s access to and use of and Contractor’s provision of the SaaS Software Applications and other Services listed on a SaaS Subscription Schedule and in accordance with the…