Roadway_Materials.pdf

City of University Park Bid 2026-07

Solicitation IFB 2026-07

ROADWAY MATERIALS

Bid Designation: Public

1. BID OVERVIEW

1.1. SOLICITATION ANNOUNCEMENT

Solicitation Number 2026-07

Solicitation Title Roadway Materials

Solicitation Start

Date

Thursday, July 16, 2026

Solicitation End Date Friday, August 7, 2026 10:00 am

Question &

Answer End Date

Monday, July 27, 2026 4:00 pm

Solicitation Contact

Elizabeth Anderson

(214) 987-5480 eanderson@uptexas.org

Contract Duration 1 year

Contract Renewal 2 optional annual renewals

Prices Good For 1 year

Bid Bond Not Required

1.2. SUMMARY

The City of University Park (“City”) announces an Invitation for Bid (“IFB”) for Roadway Materials as specified in these documents until Friday, August 7, 2026 at 10:00 am. Late submissions will not be accepted.

1.3. TERM

This is a one (1) year contract with two (2) optional annual renewals. The initial term will begin in October

2026.

1.4. Deadline For Questions

Questions will be answered until Monday, July 27, 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 IFB 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 IFB selection committee are excluded from this requirement.

1.5. Receipt of Submissions

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

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

The City will also accept sealed bids in paper copy. Paper bids 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:

“BID # 2026-07 – Roadway Materials”

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

1.6. Public Opening

The public opening will be held via TEAMS immediately after the submission deadline. You are invited to attend.

Join by Computer:

https://teams.microsoft.com/meet/262794611164481?p=q3ZJ1uSv3KPKkDU4n6

Meeting ID: 262 794 611 164 481

Passcode: 3wd2iP3J

Join by Phone:

https://procurement.opengov.com/portal/uptexas https://procurement.opengov.com/portal/uptexas) https://teams.microsoft.com/meet/262794611164481?p=q3ZJ1uSv3KPKkDU4n6

+1 872-242-7793

Phone conference ID: 125 489 015#

This meeting will be recorded.

2. INTRODUCTION

2.1. Overview

The City of University Park seeks one or more qualified vendors to supply asphalt and aggregates as needed for the City's Public Works Department. The materials are used by staff to maintain the City's streets and sidewalks. This will be an annual contract with up to two (2) optional annual renewals. These items will require delivery to the City's transfer station in the 75206 zip code.

The City of University Park is located five (5) miles north of downtown Dallas and is 3.7 square miles in size.

University Park has approximately 25,000 full-time residents. First annexed in 1924, University Park is a primarily residential community that includes many large homes, mature trees and aging infrastructure. The

City employs 265 full-time employees and has its own Streets and Utilities departments to perform street repairs. Staff takes pride in providing excellent customer service to the community.

The City recognizes that supplies of the materials listed in these documents may be limited from time to time.

Therefore, the City may take any of the following actions to ensure continuity of supply:

• Award one (1) contract to one (1) bidder for the entire group of items listed in this bid

• Award separate contracts to separate bidders for various items

• Award contracts to multiple bidders for one (1) or more item(s)

• Reject all bids and start over

The City will have sole discretion in these matters. All award recommendations are subject to final approval by

City Council at regularly scheduled Council meetings. More information is available on the City's website here:

https://www.uptexas.org/326/City-Council.

2.2. Timeline

The City is contemplating this schedule for this solicitation:

Release Project Date: July 16, 2026

Question Submission Deadline: July 27, 2026, 4:00pm

Response Submission Deadline: August 7, 2026, 10:00am https://www.uptexas.org/326/City-Council

Public Opening (Non-Mandatory): August 7, 2026, 10:05am

This will be a virtual meeting using TEAMS.

Join by Computer:

https://teams.microsoft.com/meet/262794 611164481?p=q3ZJ1uSv3KPKkDU4n6 Meeting ID: 262 794 611 164 481 Passcode: 3wd2iP3J

Join by Phone:

+1 872-242-7793 Phone conference ID: 125 489 015#

2.3. Bid Requirements

A responsive bid will include:

• Pricing

• Complete responses to all questions in the "Vendor Questionnaire" section

The City may disqualify any response that does not adhere to these requirements.

3. SCOPE OF WORK

3.1. General

The City needs a Vendor or Vendors with the experience and resources to provide consistent and reliable products and services. Vendor(s) must have proven capacity to schedule, manage, and execute deliveries in accordance with the City's timelines and specifications, and must be able to adjust resources as needed to maintain service reliability. Vendor(s) must be easy to reach during business hours and must provide accurate and timely invoices.

Texas Local Government Code, Chapter 252.043 says that the City may consider any of the following when determining the lowest responsible bidder:

(1) the purchase price;

(2) the reputation of the bidder and of the bidder's goods or services;

(3) the quality of the bidder's goods or services;

(4) the extent to which the goods or services meet the municipality's needs;

(5) the bidder's past relationship with the municipality;

(6) the impact on the ability of the municipality to comply with laws and rules relating to contracting with historically underutilized businesses and nonprofit organizations employing persons with disabilities;

(7) the total long-term cost to the municipality to acquire the bidder's goods or services; and

(8) any relevant criteria specifically listed in the request for bids or proposals.

3.2. Communication

Upon contract award, the Vendor must provide the City with a phone number to use for placing orders. This number should be answered Monday through Friday between 7:00 AM and 4:00 PM CST.

Vendor must also provide a phone number and email address that the City can use to get questions answered and get help resolving problems, including for deliveries and invoices. Calls and emails to this point of contact must be answered within two (2) business days.

Vendor must be capable of taking and fulfilling orders Monday through Friday, 7:00 AM - 4:00PM. In the event of inclement weather, the vendor must be open at least two (2) business days during the week.

3.3. Deliveries

• The City's transfer station is located at 2525 University Blvd., Dallas, TX 75206. The Vendor will deliver all items to this location. Delivery fees must be included in the unit prices.

• Deliveries must be made within two (2) business days of an order being placed by the City.

• The Transfer Station is open between 7:00 AM CST and 5:00 PM CST, Monday through Friday.

However, the City's strong preference is that deliveries be made between 7:00 AM CST and 9:00 AM

CST to avoid interference with the outbound sanitation trucks. Any variations in this schedule must be approved in advance by the Infrastructure Maintenance Superintendent or his designee.

• Materials will be delivered in a vehicle appropriate for hauling 25 tons or more.

• All items will be inspected upon off-loading. Any materials that do not meet with the standard specifications will be declined.

3.4. State & Local Compliance

• Vendor will adhere to all state and local laws and regulations related to the services described in these documents, for the life of this contract.

• Vendor will acquire and maintain all permits required by state and local authorities for the services described in these documents, for the life of this contract.

3.5. Crushed Stone

• Must be 1", #4 Class

• Estimated annual usage is 2,575 tons

• Include delivery to 2525 University Blvd., Dallas, TX 75206

3.6. Concrete Sand

Concrete sand must have these properties:

Sieve Size % Passing by

Weight

3/8" 100%

#4 95 - 100%

#8 80 - 100%

#16 50 - 85%

#30 25 - 65%

#50 10 - 35%

#100 0 - 10%

• Clean material (washed)

• Lump- and stone- free

• Organic material-free

• Less than 15% moisture content

• Include delivery to 2525 University Blvd., Dallas, TX 75206

• Estimated annual usage is 855 T

3.7. Pea Gravel

Pea gravel must have these properties and characteristics:

• All gravel must pass a 5/8" sieve

• All gravel must be retained on a 1/8" sieve

• Not more than a total of eight (8) percent by weight of deleterious substances such as clay, shale, or organic matter

• No frozen material

• No injurious amounts of salt, alkali, or vegetable matter

• Free of adherent coatings

• Natural (uncrushed)

• Clean (washed)

• Screened

• Include delivery to 2525 University Blvd., Dallas, TX 75206

• Estimated annual usage is 180 T

3.8. 3/8" Fine Crushed Concrete

This product must have these properties and characteristics:

Sieve Size % Passing by

Weight

3/8" 100%

#4 95 - 100%

#16 50 - 90%

#50 5 - 30%

#100 0 - 10%

#200 0 - 3%

• Include delivery to 2525 University Blvd., Dallas, TX 75206

• Estimated annual usage is 1,380 T

3.9. Screened Sandy Loam

The City prefers a soil mix of sand-silt-clay in a 40%-40%-20% ratio, however since most sandy loams are different an example of the loam can be provided, or a site visit can be made to approve the loamy material.

The sandy loam will be screened to remove larger sticks, stones, and other debris.

Example of definition for material:

Sandy loam is a type of soil used for gardening. This soil type is normally made up of sand along with varying amounts of silt and clay. Many people prefer sandy loam soil for their gardening because this type of soil normally allows for good drainage.

Sandy loam soils have visible particles of sand mixed into the soil. When sandy loams soils are compressed, they hold their shape but break apart easily. Sandy loam soils have a high concentration of sand that gives them a gritty feel.

Please include delivery to 2525 University Blvd., Dallas, TX 75206.

Estimated annual usage is 80 cu yd.

3.10. Type 1L Portland Cement

This product must have these properties and characteristics:

• Bulk quantities of dry Type 1L portland cement

• Material must meet all specifications listed in the "Standard Specifications for Public Works

Construction" Manual (ASTM Designation C-150)

• Air-entraining admixtures shall conform to air-entraining admixtures for concrete, ASTM Designation C-

• Orders will be placed in twenty-five (25) ton increments

• Cement must be delivered in a cement pump truck or pressurized truck that is able to pump the bulk cement into the City’s silo at 2525 University Blvd., Dallas, Texas 75206. A connection for the truck is located at ground level.

• Estimated annual usage is 377 T.

3.11. Payment

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

• Invoices must include the date(s) of service, the material being purchased, the number of tons per material and the extended price.

mailto:payables@uptexas.org

• The City is tax exempt. Invoices will not reflect sales tax.

• The City's payment terms are Net 30.

• Check or ACH payments are issued every Friday, provided that invoices are received and approved by

Wednesday at noon.

3.12. Prices

The original contract prices will be firm for the the initial one (1) year contract period. The Vendor will not charge the City for additional surcharges, fuel fees or other additional amounts during this time.

3.13. Price Escalation

The City may allow a price escalation provision within this award. A price escalation/de-escalation will be considered at one (1) year intervals thereafter, provided the Vendor notifies the City, in writing, of the pending price escalation/de-escalation a minimum of thirty (30) days prior to the contract renewal date. Price adjustments will be based on the latest version of the Producer Price Index (PPI) – Industry Data, as published by the U.S. Department of Labor, Bureau of Labor Statistics. This information is available at www.bls.gov.

Vendor will use the North American Industry Classification System (NAICS) to identify the industry code most similar to the contracted commodity for the required calculation below. This information is available at www.census.gov/eos/www/naics/. The City must agree to a price change in writing before any such change is assessed and billed.

http://www.bls.gov/ https://www.census.gov/eos/www/naics/

4. PRICING

UNIVERSITY PARK ROADWAY MATERIALS

Prices must include delivery to the City's transfer station. ***Portland cement pricing must include fees to deliver the product and blow it into the City's silo at the transfer station.

Line Item Description Est. Annual

Usage Unit of

Measure Unit Cost/T Total No Bid

1 1" Crushed Stone 2,575 T

2 Concrete Sand 855 T

3 Pea Gravel 180 T

4 3/8" Fine Crushed

Concrete 1,380 T

5 Screened Sandy Loam 80 Cu Yd

6 Type 1L Portland

Cement 377 T

5. VENDOR QUESTIONNAIRE

1. Name of Vendor*

*Response required

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

Provide:

Full Name

Title

Phone#

Email

*Response required

3. Please provide the address of the branch assigned to this contract:*

Example:

Street Address

City, State, Zip

*Response required

4. How long has this vendor conducted business at this address?*

*Response required

5. How may full-time employees are stationed at this location?*

*Response required

6. Describe this vendor's role in the supply chain of these products. *

Select all that apply

☐ Producer

☐ Distributor

☐ Broker

☐ Other

*Response required

7. If you selected "Other" in the last question, please tell us more about this vendor's role in the supply chain.*

*Response required

8. If you selected "Distributor" - Does this vendor own, lease, or have a dedicated contractual agreement with a fleet of at least two (2) tandem/belly dump trucks to guarantee daily delivery volumes? *

*Response required

9. If the answer to the previous question is "Yes", please provide the zip code where these trucks are parked each night.*

*Response required

10. Source Identification*

Please list the quarry origin(s) that you are using at the time of this bid submission.

*Response required

11. Please provide between three (3) and five (5) references. Ideally, these will be municipal customers in the North Texas area for whom you have provided services similar to those listed in this bid.*

Please include name of organization, name of reference, phone and email.

*Response required

12. What is your average lead time for filling orders, provided that material is readily available?*

*Response required

13. Is there anything else that you'd like us to know? Please add that here.

14. Vendor Certifications - required by the State of Texas*

Please download this document, complete, and upload.

• Combined_certifications_-_n...

*Response required

15. Conflict of Interest Questionnaire - Required by the State of Texas*

Please download the below documents, complete, and upload.

• CIQ.pdf

*Response required https://government-project.s3.us-west-2.amazonaws.com/131105/feab6ea3-eb6d-4c6e-8746-0876bdc1cf18_Combined_certifications_-_non-construction_11.18.24.docx?X-Amz-Algorithm=AWS4-HMAC-SHA256&X-Amz-Content-Sha256=UNSIGNED-PAYLOAD&X-Amz-Credential=ASIA47RIURE4F3QBVCL6%2F20260715%2Fus-west-2%2Fs3%2Faws4_request&X-Amz-Date=20260715T125535Z&X-Amz-Expires=72000&X-Amz-Security-Token=IQoJb3JpZ2luX2VjEGUaCXVzLXdlc3QtMiJHMEUCIQDBlfs9wP9lSZ841tQbOajuhbWx00cu8Y7oO345fyBdVQIgGensqAMYZ0teWX7QMZBh0qD6IDx3KmcN63eLFIrI11MqjAUILhACGgw4OTIzNjQ2ODc2NzIiDOwZnP2A7dtBv%2B824CrpBDF%2BQUu%2B2dCXGEwICeL5T8940V%2FBzyGd1X7QVk%2BHRAXPh0Q6YnAf8sUnVD5GvO0TQz%2FPe3iGebRSQpjOcrKPsQZExwSo9ZpNMnZ1sEeb0xpXqWUIyfen%2BdvAWSdoJyeDLNCXkr8okwVBUTrmwCb3HO2EsAAle%2Bbb%2FvzWYhFkGfYIYDZUta0KmdnwcMXZB80KQC5wk30VOHZeywk56jC3a7yrlJIUs0atm%2F%2FHm196oMunTIbGQSxgCuko4t9yBD4jy5JwQs1D9hfEbXQpdvsUgMU6PwjS7xXeR23U1JPJAxGIzkZprp0sRrxgT6mtWjSO4698jwCf9rbOp%2BV7Lcv%2BCVi5FvhiKVnrssJLeQrThJgrH80zpLX2BEe7vXVmBhXTECWZcHq%2Fad5yykjh6sz0z8YN595WjWsG2bP20hxUlO6R8eRdOh4yyByA1%2Fb%2Fi0Rj5yrV4DDaBsz%2BjHaAamSNtYjAG83hq0idPTjmMKVX22Ksx6GZ7ssgbnK6zkd4blEU3aDJNZW9nP46Kpja57xxBhUomHmxuAtMKsJe1wngFktr9hoWO7V8V%2FD9Hlb%2BzRql2%2BVFCkXTIChzMvadKPqDgFppty8MhDNK%2BYiBa7dKK6IwwlmUx3w69zZHp2jTX2u68zcGhuDxfqZLnaziv8hM4ruNX%2BTOcfdDi4HxK%2Bq0ZEtlfdtlvjBd60HwBgiRFUawDwZ2mGiAfUQMtmdtpnZQjC9aE9ZARGMkdeolQhS2urhDv8Wj1Sbya8ZsL5EI3jXKzAJDhbM4doCk%2FB7W2g2F3oD1aaSp%2B84iSRzSLgxj2F0wICWjy1kp1XUsMLX73dIGOpkBVCFaGCWeYtqhJOexrRDd3qJcHI7tVDza%2Fp4ROeHZQrjHMjw%2FOUNG4%2B5XlhVh73kOVlgAybZt50d5cT4H%2BuGKlndQV4fULtYqa76ev0DhMVDLpugOpjaRm5AgcybUsnn679MBoFQ9xw9rEP%2FiSP58wATRtc7ltBAEM7VQj2gVsvbGt9ynY3Tjbf2Ad6VCIrNY4mnUnMuUWrBt&X-Amz-Signature=5ee3d0495572a3d0ae7a63dfecc16148ca86a806eab36b3eedeb7a472433e6b6&X-Amz-SignedHeaders=host&response-content-disposition=attachment%3B%20filename%3D%22Combined_certifications_-_non-construction_11.18.24.docx%22&x-id=GetObject https://government-project.s3.us-west-2.amazonaws.com/131105/651ee3b1-09ff-4f18-b1d1-c213208fcff5_CIQ.pdf?X-Amz-Algorithm=AWS4-HMAC-SHA256&X-Amz-Content-Sha256=UNSIGNED-PAYLOAD&X-Amz-Credential=ASIA47RIURE4F3QBVCL6%2F20260715%2Fus-west-2%2Fs3%2Faws4_request&X-Amz-Date=20260715T125535Z&X-Amz-Expires=72000&X-Amz-Security-Token=IQoJb3JpZ2luX2VjEGUaCXVzLXdlc3QtMiJHMEUCIQDBlfs9wP9lSZ841tQbOajuhbWx00cu8Y7oO345fyBdVQIgGensqAMYZ0teWX7QMZBh0qD6IDx3KmcN63eLFIrI11MqjAUILhACGgw4OTIzNjQ2ODc2NzIiDOwZnP2A7dtBv%2B824CrpBDF%2BQUu%2B2dCXGEwICeL5T8940V%2FBzyGd1X7QVk%2BHRAXPh0Q6YnAf8sUnVD5GvO0TQz%2FPe3iGebRSQpjOcrKPsQZExwSo9ZpNMnZ1sEeb0xpXqWUIyfen%2BdvAWSdoJyeDLNCXkr8okwVBUTrmwCb3HO2EsAAle%2Bbb%2FvzWYhFkGfYIYDZUta0KmdnwcMXZB80KQC5wk30VOHZeywk56jC3a7yrlJIUs0atm%2F%2FHm196oMunTIbGQSxgCuko4t9yBD4jy5JwQs1D9hfEbXQpdvsUgMU6PwjS7xXeR23U1JPJAxGIzkZprp0sRrxgT6mtWjSO4698jwCf9rbOp%2BV7Lcv%2BCVi5FvhiKVnrssJLeQrThJgrH80zpLX2BEe7vXVmBhXTECWZcHq%2Fad5yykjh6sz0z8YN595WjWsG2bP20hxUlO6R8eRdOh4yyByA1%2Fb%2Fi0Rj5yrV4DDaBsz%2BjHaAamSNtYjAG83hq0idPTjmMKVX22Ksx6GZ7ssgbnK6zkd4blEU3aDJNZW9nP46Kpja57xxBhUomHmxuAtMKsJe1wngFktr9hoWO7V8V%2FD9Hlb%2BzRql2%2BVFCkXTIChzMvadKPqDgFppty8MhDNK%2BYiBa7dKK6IwwlmUx3w69zZHp2jTX2u68zcGhuDxfqZLnaziv8hM4ruNX%2BTOcfdDi4HxK%2Bq0ZEtlfdtlvjBd60HwBgiRFUawDwZ2mGiAfUQMtmdtpnZQjC9aE9ZARGMkdeolQhS2urhDv8Wj1Sbya8ZsL5EI3jXKzAJDhbM4doCk%2FB7W2g2F3oD1aaSp%2B84iSRzSLgxj2F0wICWjy1kp1XUsMLX73dIGOpkBVCFaGCWeYtqhJOexrRDd3qJcHI7tVDza%2Fp4ROeHZQrjHMjw%2FOUNG4%2B5XlhVh73kOVlgAybZt50d5cT4H%2BuGKlndQV4fULtYqa76ev0DhMVDLpugOpjaRm5AgcybUsnn679MBoFQ9xw9rEP%2FiSP58wATRtc7ltBAEM7VQj2gVsvbGt9ynY3Tjbf2Ad6VCIrNY4mnUnMuUWrBt&X-Amz-Signature=4f6e3f04eacbf1203ddbcab296d7ba18d8e1d36e6d3c81480292d75dd0b3a9da&X-Amz-SignedHeaders=host&response-content-disposition=attachment%3B%20filename%3D%22CIQ.pdf%22&x-id=GetObject

6. GENERAL TERMS AND CONDITIONS

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

UNIVERSITY PARK.

6.1. 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.

6.2. INSTRUCTIONS

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

THE TERMS AND CONDITIONS OF ANY CONTRACT.

6.3. 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.

6.4. 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.

6.5. 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.

6.6. NEWSPAPER ADVERTISEMENTS

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

LOCAL GOVERNMENT CODE, CHAPTER 252.

6.7. ERROR-QUANTITY

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.

6.8. 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.

6.9. 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.

6.10. 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.

6.11. 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:

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.

6.12. 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.

6.13. 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.

6.14. PAYMENT TERMS

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

6.15. 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.

6.16. SPECIFICATION-SAMPLES

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

ENCLOSED WITH BID UNLESS REQUESTED.

6.17. 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.

6.18. PACKAGING

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

SUITABLE FOR DAMAGE-FREE SHIPMENT AND STORAGE.

6.19. CORRESPONDENCE

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

CORRESPONDENCE, INQUIRIES, ETC. PERTAINING TO THE SOLICITATION.

6.20. 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.

6.21. PATENT RIGHTS

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

RIGHT INFRINGEMENT OR COPYRIGHTS ON GOODS SUPPLIED.

6.22. EVALUATION

SUBMISSIONS WILL BE EVALUATED AS OUTLINED IN THE SOLICITATION DOCUMENT.

6.23. 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.

6.24. 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.

6.25. 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.

6.26. 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.

6.27. 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.

6.28. 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.

6.29. 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.

6.30. 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.

6.31. 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.

6.32. 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.

6.33. 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.

6.34. 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.

6.35. 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.

6.36. SILENCE OF SPECIFICATION

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

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

BEST COMMERCIAL PRACTICES ARE TO PREVAIL. ALL INTERPRETATIONS OF THESE SPECIFICATIONS SHALL BE

MADE ON THE BASIS OF THIS STATEMENT.

6.37. CONFLICT OF INTEREST

NO PUBLIC OFFICIAL SHALL HAVE A SUBSTANTIAL BUSINESS INTEREST IN THIS CONTRACT, IN ACCORDANCE

WITH VERNON’S TEXAS CODES ANNOTATED, LOCAL GOVERNMENT CODE TITLE 5, SUBTITLE C, CHAPTER 171. IF

YOU OR ANYONE CLOSELY RELATED TO YOU IS AN EMPLOYEE OF THE CITY OF UNIVERSITY PARK, YOU AND THE

CITY EMPLOYEE MUST MAKE DISCLOSURE OF THAT FACT BY CONSULTING THE EMPLOYEE’S IMMEDIATE

SUPERVISOR OR DEPARTMENT HEAD TO DISCUSS THE CIRCUMSTANCE PRIOR TO THE SUBMISSION OF YOUR

BID. [CITY OF UNIVERSITY PARK ADMINISTRATIVE ORDER PRS-16, SECTION A (3)]. EFFECTIVE JANUARY 1, 2006, CHAPTER 176 OF THE TEXAS LOCAL GOVERNMENT CODE REQUIRES THAT ANY VENDOR OR PERSON

CONSIDERING DOING BUSINESS WITH A LOCAL GOVERNMENT ENTITY DISCLOSE IN THE QUESTIONNAIRE FORM

CIQ THE VENDOR OR PERSON’S AFFILIATION OR BUSINESS RELATIONSHIP THAT MIGHT CAUSE A CONFLICT OF

INTEREST WITH A LOCAL GOVERNMENT ENTITY. A VENDOR MUST ALSO DICLOSE ANY GIFTS GIVEN TO THE

PUBLIC OFFICIAL OR OFFICIAL’S FAMILY MEMBER WORTH A TOTAL VALUE OF ONE HUNDRED DOLLARS

($100.00) OR MORE OVER THE PREVIOUS TWELVE (12) MONTHS. BY LAW, THE CIQ QUESTIONNAIRE MUST BE

FILED WITH THE RECORDS ADMINISTRATOR OF THE CITY OF UNIVERSITY PARK NOT LATER THAN THE SEVENTH

(7TH) BUSINESS DAY AFTER THE DATE THE PERSON BECOMES AWARE OF FACTS THAT REQUIRE THE STATEMENT

TO BE FILED. SEE SECTION 176.006, LOCAL GOVERNMENT CODE. A PERSON COMMITS AN OFFENSE IF THE

PERSON VIOLATES SECTION 176.006, LOCAL GOVERNMENT CODE. AN OFFENSE UNDER THIS SECTION IS A CLASS

C MISDEMEANOR. FORM CIQ IS ATTACHED TO THIS BID. BY SUBMITTING A RESPONSE TO THIS REQUEST, VENDOR REPRESENTS THAT IT IS IN COMPLIANCE WITH THE REQUIREMENTS OF CHAPTER 176 OF THE TEXAS

LOCAL GOVERNMENT CODE.

6.38. PREPARATION COST

THE CITY WILL NOT BE LIABLE FOR ANY COSTS ASSOCIATED WITH THE PREPARATION, TRANSMITTAL, OR

PRESENTATION OF ANY SUBMISSIONS OR MATERIALS SUBMITTED IN RESPONSE TO ANY SOLICIATION, QUOTATION, OR PROPOSAL.

6.39. PUBLIC OPENINGS

ALL SUBMISSIONS WILL BE READ ALOUD AT THE CITY’S SCHEDULED PUBLIC OPENING FOR THE DESIGNATED

PROJECT IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE, CHAPTER 252. HOWEVER, THE READING

OF A SUBMISSION AT PUBLIC OPENING SHOULD NOT BE CONSTRUED AS A COMMENT ON THE

RESPONSIVENESS OF SUCH SUBMISSION OR AS ANY INDICATION THAT THE CITY ACCEPTS SUCH SUBMISSION

AS RESPONSIVE.

THE CITY WILL DECIDE AS TO THE RESPONSIVENESS OF SUBMISSIONS BASED UPON COMPLIANCE WITH ALL

APPLICABLE LAWS, CITY OF UNIVERSITY PARK PURCHASING GUIDELINES, AND PROJECT DOCUMENTS, INCLUDING BUT NOT LIMITED TO THE PROJECT SPECIFICATIONS AND CONTRACT DOCUMENTS. THE CITY WILL

NOTIFY THE SUCCESSFUL BIDDER UPON AWARD OF THE CONTRACT AND, ACCORDING TO STATE LAW, ALL

SUBMISSIONS RECEIVED WILL BE AVAILABLE FOR INSPECTION AT THAT TIME.

6.40. ENERGY CONSERVATION AND RECYCLED PRODUCTS

BIDDERS ARE ENCOURAGED TO OFFER ENERGY STAR CERTIFIED PRODUCTS AND/OR PRODUCTS THAT MEET

FEDERAL ENERGY MANAGEMENT PROGRAM STANDARDS (WWW.EERE.ENERGY.GOV/FEMP) FOR ENERGY

CONSUMPTION. THE CITY ALSO ENCOURAGES BIDDERS TO OFFER PRODUCTS THAT ARE PRODUCED WITH

RECYCLED MATERIALS, WHERE APPROPRIATE, UNLESS OTHERWISE REQUESTED IN THE SPECIFICATIONS.

6.41. ENVIRONMENTALLY PREFERABLE PRODUCTS AND SERVICES

BIDDERS ARE ENCOURAGED TO OFFER ENERGY STAR, GREEN SEAL, ECOLOGO AND/OR EPEAT CERTIFIED

PRODUCTS. THE CITY ALSO ENCOURAGES BIDDERS TO OFFER PRODUCTS AND SERVICES THAT ARE PRODUCED

OR DELIVERED WITH MINIMAL USE OF VIRGIN MATERIALS AND MAXIMUM USE OF RECYCLED MATERIALS AND

REDUCE WASTE, ENERGY USAGE, WATER UTILIZATION AND TOXICITY IN THE MANUFACTURE AND USE OF

PRODUCTS.

6.42. PRICE ESCALATION

PRICE ESCALATIONS MAY BE PERMITTED BY THE CITY OF UNIVERSITY PARK DURING THE TERM OF THE

CONTRACT. ALL REQUESTS FOR PRICE ESCALATION SHALL BE IN WRITTEN FORM AND SHALL DEMONSTRATE

INDUSTRY-WIDE OR REGIONAL INCREASES IN THE CONTRACTOR’S COSTS. INCLUDE DOCUMENTS SUPPORTING http://www.eere.energy.gov/FEMP

THE PRICE ESCALATION, SUCH AS MANUFACTURER’S DIRECT COST, POSTAGE RATES, RAILROAD COMMISSION

RATES, FEDERAL/STATE MINIMUM WAGE LAWS, FEDERAL/STATE UNEMPLOYMENT TAXES, FICA, ETC.

INCREASES WILL APPLY ONLY TO THE PRODUCTS(S) AND/OR SERVICE(S) AFFECTED BY AN INCREASE IN RAW

MATERIAL, LABOR, OR ANOTHER LIKE COST FACTOR. THE CITY OF UNIVERSITY PARK RESERVES THE RIGHT TO

ACCEPT OR REJECT ANY/ALL PRICE ESCALATIONS.

6.43. PRICE REDUCTION

IF DURING THE LIFE OF THE CONTRACT, THE CONTRACTOR’S NET PRICES TO OTHER CUSTOMERS FOR THE SAME

PRODUCT(S) AND/OR SERVICE(S) ARE LOWER THAN THE CITY OF UNIVERSITY PARK’S CONTRACTED PRICES, AN

EQUITABLE ADJUSTMENT SHALL BE MADE IN THE UNIVERSITY PARK CONTRACT PRICE.

6.44. EMPLOYMENT ELIGIBILITY VERIFICATION

THE IMMIGRATION REFORM AND CONTROL ACT OF 1986 (IRCA) MAKES IT ILLEGAL FOR EMPLOYERS

TO KNOWINGLY HIRE OR RECRUIT IMMIGRANTS WHO DO NOT POSSESS LAWFUL WORK AUTHORIZATION AND

REQUIRES EMPLOYERS TO VERIFY THEIR EMPLOYEES' WORK ELIGIBILITY ON A U.S. DEPARTMENT OF JUSTICE

FORM I-9.

THE CONTRACTOR/VENDOR WARRANTS THAT CONTRACTOR/VENDOR IS IN COMPLIANCE WITH IRCA AND WILL

MAINTAIN COMPLIANCE WITH IRCA DURING THE TERM OF THE CONTRACT WITH THE

CITY. CONTRACTOR/VENDOR WARRANTS THAT CONTRACTOR/VENDOR HAS INCLUDED OR WILL INCLUDE A

SIMILAR PROVISION IN ALL WRITTEN AGREEMENTS WITH ANY SUBCONTRACTORS ENGAGED TO PERFORM

SERVICES UNDER THIS CONTRACT.

6.45. AGE

IN ACCORDANCE WITH THE POLICY ("POLICY") OF THE EXECUTIVE BRANCH OF THE FEDERAL GOVERNMENT, CONTRACTOR COVENANTS THAT NEITHER IT NOR ANY OF ITS OFFICERS, MEMBERS, AGENTS, EMPLOYEES, PROGRAM PARTICIPANTS, OR SUBCONTRACTORS, WHILE ENGAGED IN PERFORMING THIS CONTRACT, SHALL, IN CONNECTION WITH THE EMPLOYMENT, ADVANCEMENT OR DISCHARGE OF EMPLOYEES OR IN CONNECTION

WITH THE TERMS, CONDITIONS, OR PRIVILEGES OF THEIR EMPLOYMENT, DISCRIMINATE AGAINST PERSONS

BECAUSE OF THEIR AGE EXCEPT ON THE BASIS OF A BONA FIDE OCCUPATIONAL QUALIFICATION, RETIREMENT

PLAN, OR STATUTORY REQUIREMENT. THE CONTRACTOR FURTHER COVENANTS THAT NEITHER IT NOR ITS

OFFICERS, MEMBERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, PROGRAM PARTICIPANTS, OR PERSONS

ACTING ON THEIR BEHALF, SHALL SPECIFY IN SOLICITATIONS OR ADVERTISEMENTS FOR EMPLOYEES TO WORK

ON THIS CONTRACT, A MAXIMUM AGE LIMIT FOR SUCH EMPLOYMENT UNLESS THE SPECIFIED MAXIMUM AGE

LIMIT IS BASED UPON A BONA FIDE OCCUPATIONAL QUALIFICATION, RETIREMENT PLAN, OR STATUTORY

REQUIREMENT.

THE CONTRACTOR WARRANTS IT WILL FULLY COMPLY WITH THE POLICY AND WILL DEFEND, INDEMNIFY, AND

HOLD CITY HARMLESS AGAINST CLAIMS OR ALLEGATIONS ASSERTED BY THIRD PARTIES OR SUBCONTRACTOR

AGAINST CITY ARISING OUT OF THE CONTRACTOR'S AND/OR ITS SUBCONTRACTORS' ALLEGED FAILURE TO

COMPLY WITH THE ABOVE REFERENCED POLICY CONCERNING AGE DISCRIMINATION IN THE PERFORMANCE OF

THIS AGREEMENT.

6.46. DISABILITY

IN ACCORDANCE WITH THE PROVISIONS OF THE AMERICANS WITH DISABILITIES ACT OF 1990 ("ADA"), CONTRACTOR WARRANTS THAT IT AND ANY AND ALL OF ITS SUBCONTRACTORS WILL NOT UNLAWFULLY

DISCRIMINATE ON THE BASIS OF DISABILITY IN THE PROVISION OF SERVICES TO THE GENERAL PUBLIC, NOR IN

THE AVAILABILITY, TERMS AND/OR CONDITIONS OF EMPLOYMENT FOR APPLICANTS FOR EMPLOYMENT WITH, OR EMPLOYEES OF CONTRACTOR OR ANY OF ITS SUBCONTRACTORS. THE CONTRACTOR WARRANTS IT WILL

FULLY COMPLY WITH ADA'S PROVISIONS AND ANY OTHER APPLICABLE FEDERAL, STATE, AND LOCAL LAWS

CONCERNING DISABILITY AND WILL DEFEND, INDEMNIFY, AND HOLD CITY HARMLESS AGAINST ANY CLAIMS OR

ALLEGATIONS ASSERTED BY THIRD PARTIES OR SUBCONTRACTORS AGAINST CITY ARISING OUT OF

CONTRACTOR'S AND/OR ITS SUBCONTRACTORS' ALLEGED FAILURE TO COMPLY WITH THE ABOVE REFERENCE

LAWS CONCERNING DISABILITY DISCRIMINATION IN THE PERFORMANCE OF THIS AGREEMENT.

6.47. SUCCESSFUL VENDOR / INDEPENDENT CONTRACTOR

IT IS AGREED FOR ALL PURPOSES HEREUNDER THAT THE CONTRACTOR IS AND SHALL BE AN INDEPENDENT

CONTRACTOR AND SHALL NOT, WITH RESPECT TO THEIR ACTS OR OMISSIONS, BE DEEMED AN AGENT OR

EMPLOYEE OF THE CITY.

THE CONTRACTOR AGREES TO AND SHALL INDEMNIFY AND HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES, FROM AND AGAINST LIABILITY FOR ANY AND ALL CLAIMS, LIENS, SUITS, DEMANDS, AND/OR ACTIONS FOR DAMAGES, INJURIES TO PERSONS (INCLUDING DEATH), PROPERTY DAMAGE (INCLUDING

LOSS OF USE), AND EXPENSES, INCLUDING COURT COSTS AND ATTORNEY'S FEES AND OTHER REASONABLE

COSTS ARISING OUT OF OR RESULTING FROM CONTRACTOR'S WORK AND/OR ACTIVITIES CONDUCTED IN

CONNECTION WITH OR INCIDENTAL TO THIS CONTRACT AND FROM ANY LIABILITY ARISING OUT OF OR

RESULTING FROM THE INTENTIONAL ACTS OF NEGLIGENCE, INCLUDING ALL SUCH CAUSES OF ACTION BASED

UPON COMMON, CONSTITUTIONAL, OR STATUTORY LAW, OR BASED ON WHOLE OR IN PART UPON THE

NEGLIGENT OR INTENTIONAL ACTS OR OMISSIONS OF THE CONTRACTOR, INCLUDING BUT NOT LIMITED TO ITS

OFFICERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, LICENSEES, INVITEES, AND OTHER PERSONS.

CONTRACTOR FURTHER AGREES THAT IT SHALL AT ALL TIMES EXERCISE REASONABLE PRECAUTIONS ON BEHALF

OF, AND BE SOLELY RESPONSIBLE FOR, THE SAFETY OF ITS OFFICERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, LICENSEES, INVITEES, AND OTHER PERSONS, AS WELL AS THEIR PROPERTY, WHILE IN THE VICINITY WHERE THE

IMPROVEMENTS ARE BEING MADE. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT CITY SHALL NOT BE

LIABLE OR RESPONSIBLE FOR THE NEGLIGENCE OF THE CONTRACTOR, INCLUDING BUT NOT LIMITED TO ITS

OFFICERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, LICENSEES, INVITEES, AND OTHER PERSONS.

FURTHER, CITY ASSUMES NO RESPONSIBILITY OR LIABILITY FOR HARM, INJURY, OR ANY DAMAGING EVENTS

WHICH ARE DIRECTLY OR INDIRECTLY ATTRIBUTABLE TO PREMISE DEFECTS, REAL OR ALLEGED, IN

IMPROVEMENTS CONSTRUCTED BY CONTRACTOR WHICH MAY NOW EXIST OR WHICH MAY HEREAFTER ARISE

UPON THE PREMISES, RESPONSIBILITY FOR ANY AND ALL SUCH DEFECTS BEING EXPRESSLY ASSUMED BY

CONTRACTOR. CONTRACTOR UNDERSTANDS AND AGREES THAT THIS INDEMNITY PROVISION SHALL APPLY TO

ANY AND ALL CLAIMS, SUITS, DEMANDS, AND/OR ACTIONS BASED UPON OR ARISING FROM ANY SUCH PREMISE

DEFECTS OR CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY SUCH CLAIM ASSERTED BY OR ON BEHALF OF

CONTRACTOR, INCLUDING BUT NOT LIMITED TO ITS OFFICERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, LICENSEES, INVITEES, AND OTHER PERSONS.

IT IS FURTHER AGREED WITH RESPECT TO THE ABOVE INDEMNITY THAT CITY AND CONTRACTOR WILL PROVIDE

THE OTHER PROMPT AND TIMELY NOTICE OF ANY EVENT COVERED WHICH IN ANY WAY, DIRECTLY OR

INDIRECTLY, CONSEQUENTLY OR OTHERWISE, AFFECTS OR MIGHT AFFECT THE CONTRACTOR OR CITY, AND CITY

SHALL HAVE THE RIGHT TO COMPROMISE AND DEFEND THE SAME TO THE EXTENT OF ITS OWN INTERESTS.

SUCCESSFUL BIDDER SHALL PAY ANY JUDGMENT WITH COST WHICH MAY BE OBTAINED AGAINST THE CITY OF

UNIVERSITY PARK AND PARTICIPATING ENTITIES GROWING OUT OF SUCH INJURY OR DAMAGE.

6.48. SUBCONTRACTORS

THE SUCCESSFUL BIDDER SHALL OVERSEE AND BE RESPONSIBLE FOR ALL WORK PERFORMED BY ANY SUB-

CONTRACTORS NAMED IN THE SUCCESSFUL PROPOSAL. CONTRACTOR SHALL BE RESPONSIBLE FOR ENSURING

THAT SUBCONTRACTORS ADHERE TO GUIDELINES LISTED IN SPECIFICATIONS AND PERFORM ALL WORK IN A

PROFESSIONAL, COURTEOUS, AND TIMELY MANNER.

6.49. CERTIFICATE OF INTERESTED PARTIES

IN 2015, THE TEXAS LEGISLATURE ADOPTED HOUSE BILL 1295, WHICH ADDED SECTION 2252.908 OF THE

GOVERNMENT CODE. THE LAW STATES THAT A GOVERNMENTAL ENTITY OR STATE AGENCY MAY NOT ENTER

INTO CERTAIN CONTRACTS WITH A BUSINESS ENTITY UNLESS THE BUSINESS ENTITY SUBMITS A DISCLOSURE OF

INTERESTED PARTIES TO THE GOVERNMENTAL ENTITY OR STATE AGENCY AT THE TIME THE BUSINESS ENTITY

SUBMITS THE SIGNED CONTRACT TO THE GOVERNMENTAL ENTITY OR STATE AGENCY. THE LAW APPLIES ONLY

TO A CONTRACT OF A GOVERNMENTAL ENTITY OR STATE AGENCY THAT EITHER (1) REQUIRES AN ACTION OR

VOTE BY THE GOVERNING BODY OF THE ENTITY OR AGENCY BEFORE THE CONTRACT MAY BE SIGNED OR (2)

HAS A VALUE OF AT LEAST $1 MILLION. THE DISCLOSURE REQUIREMENT APPLIES TO A CONTRACT ENTERED

INTO ON OR AFTER JANUARY 1, 2016.

ONLY THE SUCCESSFUL BIDDER WILL BE REQUIRED TO COMPLETE THIS CERTIFICATE. THE PURCHASING

DEPARTMENT WILL PROVIDE THE SUCCESSFUL BIDDER WITH INSTRUCTIONS AFTER A CONTRACT HAS BEEN

NEGOTIATED AND BEFORE THE AWARD RECCOMMENDATION GOES TO UNIVERSITY PARK CITY COUNCIL.

6.50. PROHIBITION OF BOYCOTTING ISRAEL

BY ACCEPTING A PURCHASE ORDER, VENDOR VERIFIES THAT IT DOES NOT BOYCOTT ISRAEL, AND AGREES THAT

DURING THE TERM OF THIS AGREEMENT WILL NOT BOYCOTT ISRAEL AS THAT TERM IS DEFINED IN TEXAS

GOVERNMENT CODE SECTION 808.001, AS AMENDED.

6.51. PROHIBITION OF BUSINESS WITH CERTAIN ORGANIZATIONS

BY ACCEPTING A PURCHASE ORDER, VENDOR VERIFIES THAT IT DOES NOT CONDUCT BUSINESS IN IRAN OR

SUDAN, OR WITH ANY FOREIGN TERRORIST ORGANIZATIONS. PURSUANT TO TEXAS GOVERNMENT CODE, SECTION 2252.151, A FOREIGN TERRORIST ORGANIZATION REFERS TO AN ORGANIZATION DESIGNATED AS A

FOREIGN TERRORIST ORGANIZATION BY THE UNITED STATES SECRETARY OF STATE AS AUTHORIZED BY 8 U.S.C.

SECTION 1889.VENDOR FURTHER CERTIFIES THAT IT DOES NOT BOYCOTT ENERGY COMPANIES OR FIREARMS

ORGANIZATIONS.

6.52. BID BOND

IF A BID BOND IS REQUIRED FOR AN INDIVIDUAL PROJECT, THE FOLLOWING REQUIREMENTS WILL APPLY:

http://www.legis.state.tx.us/tlodocs/84R/billtext/html/HB01295F.htm

THE BIDDER MAY SUBMIT A CASHIER'S CHECK ON ANY STATE OR NATIONAL BANK IN DALLAS COUNTY, TEXAS, OR ACCEPTABLE BID BOND, PAYABLE UNCONDITIONALLY TO THE CITY. THE CASHIER'S CHECK OR BID BOND

SHALL BE IN THE AMOUNT OF NOT LESS THAN FIVE PERCENT (5%) OF THE TOTAL AMOUNT OF THE BID. THE

PROPOSAL GUARANTY IS REQUIRED BY THE CITY AS EVIDENCE OF GOOD FAITH AND AS A GUARANTEE THAT IF

AWARDED THE CONTRACT, THE BIDDER WILL EXECUTE THE CONTRACT AND FURNISH THE REQUIRED BIDDERS

MUST UPLOAD A COPY OF THE BID BOND WITH THEIR SUBMISSION. THE ORIGINAL BID BOND DOCUMENT

MUST BE RECEIVED IN THE PURCHASING OFFICE WITHIN THREE (3) BUSINESS DAYS AFTER THE BID DEADLINE.

ORIGINAL BID BOND DOCUMENTS MUST BE SENT TO CITY OF UNIVERSITY PARK, ATTN: PURCHASING

DEPARTMENT, 3800 UNIVERSITY BLVD., UNIVERSITY PARK, TX 75205. THE CITY MAY DISQUALIFY SUBMISSIONS

FROM BIDDERS WHO DO NOT COMPLY WITH THIS REQUIREMENT.

SAID BONDS SHALL FURTHER GUARANTEE THAT IF THE PROPOSAL IS WITHDRAWN AFTER THE BIDS HAVE

BEEN OPENED OR IF THE CONTRACTOR REFUSES TO EXECUTE THE CONTRACT IN ACCORDANCE WITH HIS

PROPOSAL, THE CONTRACTOR AND THE SURETY SHALL BECOME LIABLE TO THE CITY FOR DAMAGES

INCURRED. IF A BID BOND IS USED, THE SURETY THEREON SHALL DESIGNATE AN AGENT RESIDENT IN DALLAS

COUNTY, TEXAS, TO WHOM REQUISITE NOTICES MAY BE DELIVERED AND UPON WHOM SERVICE OF PROCESS