RFP Preston Park Development - Phase 1

PURCHASING OFFICE
1149 ELLSWORTH DR., SUITE 400
PASADENA. TEXAS 77506
713-475-5532
FAX 713-920-7938
SUBMIT TO:
CITY OF PASADENA
CITY SECRETARY'S OFFICE Request for Proposal (RFP)
1149 Ellsworth DR., SUITE 200
PASADENA, TX 77506
MAILING DATE TITLE NUMBER CLOSING DATE & TIME
26-020
Preston Park Development - Phase 1 July 27, 2026 by
July 1, 2026 CIP# R055
4:00 P.M. CDT
PROPOSAL WRITER
Barbara Hamlett
PRE-PROPOSAL DATE, TIME, AND LOCATION
July 10, 2026 at 9:00 am
Verne Cox Adaptive Recreation Center
5200 Burke Road, Pasadena, TX 77504
NAME OF PARTNERSHIP, CORPORATION OR INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER
MAILING ADDRESS NO PROPOSAL: If not submitting a proposal, state reason below and return one copy of
this form
CITY-STATE-ZIP
PH: EMAIL:
FX: WEB ADDRESS:
TOTAL PROPOSAL AMOUNT: Delivery: Calendar days after receipt of Purchase Order:
days (ARO)
Proposals are firm for Acceptance for 90 days Payment Terms:
Yes No Other % , net
I certify that this proposal is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for
the same materials, supplies, or equipment and is in all respects fair and without collusion or fraud. I agree to abide by all conditions of this proposal
and certify that I am authorized to sign this proposal for the proposer. In submitting a proposal to the City of Pasadena the proposer offers and agrees
that if the proposal is accepted, the proposer will convey, sell, assign or transfer to the City of Pasadena all rights, titles and interest in and to all causes
to action it may now or hereafter acquire under the Anti-trust laws of the United States and the State of TX for price fixing relating to the particular
commodities or services purchased or acquired by the City of Pasadena. At the City's discretion, such assignment shall be made and become effective at
the time the City tenders final payment to the proposer.
AUTHORIZED SIGNATURE DATE PRINTED NAME/TITLE
Please initial by all that apply. I acknowledge receipt of the following addendum
Addendum #1 Addendum #2 Addendum #3 Addendum #4
Please note the following:
* This page must be completed and returned with your proposal.
* Proposals must be submitted in a sealed envelope, and marked with proposal number &
closing date.
* Proposals received after the above closing date and time will not be accepted.

Legal Notice
NOTICE TO PROPOSERS
RFP NO. 26-020
CIP# R055
The City of Pasadena, Texas intends to purchase and invites you to submit a sealed proposal for:
Preston Park Development - Phase 1
Sealed proposals, one (1) original hard copy and one (1) digital copy on a USB drive, will be received by
the City of Pasadena, Texas on or before 4:00 p.m. CDT, Monday, July 27, 2026 in the Office of the City
Secretary, 1149 Ellsworth Dr., Suite 200, Pasadena, Texas 77506. Proposals will be publicly opened
and read on Tuesday, July 28, 2026 at 3:00 p.m. in Room 236, 2nd floor, City Hall, 1149 Ellsworth Dr.,
Pasadena, TX 77506.
Request for Proposal documents may be obtained via the Internet by contacting DemandStar.com or from
the City of Pasadena Purchasing Department web page at www.pasadenatx.gov. If you do not have
Internet access, you may obtain the documents by contacting the Purchasing Office at 1149 Ellsworth Dr.,
Pasadena, Texas, 77506, (713) 475-5532.
Proposals may be either mailed or hand delivered to the City Secretary's Office, 1149 Ellsworth Dr., Suite
200, Pasadena, TX 77506. Any proposals received after the above stated time will be returned to the
proposer unopened.
The City Council reserves the right to waive any informalities or minor irregularities; reject any and all
proposals which are incomplete, conditional, obscure, or which contain additions not allowed for; accept or
reject any proposal in whole or in part with or without cause; and accept the proposal which best serves the
City.
A pre-proposal meeting and site visit will be conducted on Friday, July 10, 2026 at 9:00 A.M. at the Verne
Cox Adaptive Recreation Center, located at 5200 Burke Road, Pasadena, TX 77504 to answer questions
regarding the proposal requirements. All prospective Proposers are encouraged to attend. Non-attendance
on the part of a Proposer shall not relieve the Proposer of any responsibility for adherence to the provisions
of this proposal package or any addenda hereto.
CAUTION: It is the proposer's responsibility to ensure that proposals are received in the City Secretary's
Office prior to the date and time specified above. Receipt of a proposal in any other City office does not
satisfy this requirement.
Published in the Pasadena Citizen & on the City of Pasadena Website
Publish: July 1, 2026 & July 8, 2026

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CITY OF PASADENA
PURCHASING OFFICE
TABLE OF CONTENTS
STANDARD PURCHASE DEFINITIONS (RFP) .......................................................................................................... 1
GENERAL REQUIREMENTS FOR PROPOSALS ...................................................................................................... 2
SPECIAL CONDITIONS ............................................................................................................................................... 9
SPECIFICATIONS ...................................................................................................................................................... 12
EVALUATION OF PROPOSALS ............................................................................................................................... 16
INSTRUCTIONS FOR PREPARING PROPOSALS .................................................................................................. 17
PROPOSAL PRICING SHEET ................................................................................................................................... 18
PROPOSER INFORMATION SHEET ........................................................................................................................ 22
DEVIATION & COMPLIANCE SIGNATURE FORM.................................................................................................. 23
PROPOSER'S STATEMENT REGARDING BONDS AND INSURANCE COVERAGE COMPLIANCE.................. 24
SOLICITATION QUESTIONNAIRE............................................................................................................................ 25
PROPOSER CHECKLIST .......................................................................................................................................... 26
PROPOSAL LABEL ................................................................................................................................................... 27
APPENDIX A - PRESTON PARK CONCEPT PHOTO ............................................................................................. 28
ATTACHMENT A - BASIC INSURANCE REQUIREMENTS ................................................................................... 29
ATTACHMENT B - INDEMNITY CLAUSE ............................................................................................................... 31
ATTACHMENT C - FEDERAL COMPLIANCE DOCUMENTS ................................................................................. 32

Commodity Code: 912-23,912-25,912-26,912-32,988-63 RFP # 26-020 Preston Park Development - Phase 1
CITY OF PASADENA
PURCHASING OFFICE
STANDARD PURCHASE DEFINITIONS (RFP)
The City will use the following definitions in instructions to proposers, terms and conditions, special provisions, technical specifications and any
other solicitation documents.
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.
1. Addendum means a written instrument issued by the taking into consideration the financial and practical ability of
Contract Awarding Authority that modifies or clarifies the the Proposer to perform the Contract, past performance of
Solicitation prior to the Due Date. "Addenda" is the plural the Proposer, and compliance with all City ordinances
form of the word. concerning the purchasing process.
2. Alternate Proposal means multiple Proposals with 16. Lowest Responsible Proposer means the Proposer
substantive variations from the same Proposer in response submitting Lowest Responsible Proposal.
to a Solicitation.
17. Non-Professional Services are services performed that are
3. Appropriate, Appropriated, or Appropriation means the not of a professional nature such as lawn care, security,
adoption by the City Council of the City of a budget for a janitorial, etc.
fiscal year that includes payments to be made under the
Contract during the respective fiscal year. 18. Offer means a complete signed response submitted to the
City in response to a Solicitation including, but not limited to,
4. Proposal is a complete, properly signed response to a a bid submitted in response to an Invitation for Bid, a
Request for Proposal, which if accepted, would bind the proposal submitted in response to a Request for Proposal,
Proposer to perform the resultant Contract. a quote submitted in response to a Request for Quotation,
or a statement of qualifications and interest submitted in
5. Proposer is a person, firm, or entity that submits a Proposal response to a Request for Qualifications.
in response to a Solicitation. Any Proposer may be
represented by an agent after submitting evidence 19. Pre-Submittal Conference means a conference conducted
demonstrating the agent's authority. The agent cannot by the Purchasing Office, held in order to allow Proposers
certify as to his own agency status. to ask questions about the proposed Contract and
particularly the Contract specifications.
6. Proposal Guaranty guarantees that the Proposer (a) will not
withdraw the Proposal within the period specified for 20. Professional Services means services that use skills that
acceptance, and (b) will execute a Contract and furnish are predominantly mental or intellectual, rather than
required bonds and any necessary insurance within the time physical or manual such as accounting, architecture, land
specified in the Solicitation, unless a longer time is allowed surveying, law, medicine, optometry, professional
by the City. The guarantee will be returned to the Proposer engineering, etc.
upon execution of a Contract
21. Purchase Order is an order placed by the Purchasing Office
7. Proposals are responses to a Request for Proposals. for the purchase of Goods or Services written on the City's
standard Purchase Order form and which, when accepted
8. City means the City of Pasadena, a Texas home-rule by the Proposer, becomes a contract. The Purchase Order
municipal corporation. is the Proposer's authority to deliver and invoice the City for
Goods or Services specified, and the City's commitment to
9. Construction means the construction, repair, rehabilitation, accept the Goods or Services for an agreed upon price.
alteration, conversion or extension of building, parks,
utilities, streets or other improvements or alterations to real 22. Services include all work or labor performed for the City on
property. an independent contractor basis other than construction.
10. Contractor means the person, firm, or entity selling goods or 23. Solicitation means, as applicable, an Invitation for Bid,
services to the City under a Contract. Request for Proposal, Request for Qualifications, or a
Request for Quotation.
11. Deliverables means the goods, products, materials, and/or
services to be provided to the City by a Proposer. 24. Subcontractor means a person, firm or entity providing
goods or services to a Proposer to be used in the
12. Due Date means the date and time specified for receipt of performance of the Proposer's obligations under the
Proposals. Contract.
13. Goods are supplies, materials, or equipment. 25. Unbalanced Proposal means a Proposal that is based on
prices which are significantly less than cost for some
14. Request for Proposal (RFP) means a Solicitation requesting proposal items and significantly more than cost for others.
pricing for a specified Good or Service which has been
advertised for Proposal in a newspaper.
15. Lowest Responsible Proposal means the Proposal meeting
all requirements of the specifications, terms, and conditions
of the Request for Proposal resulting in the lowest cost to
the City in a total cost concept or based solely on price,
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CITY OF PASADENA
PURCHASING OFFICE
GENERAL REQUIREMENTS FOR PROPOSALS
These instructions are standard for all contracts for commodities or services issued through the City of Pasadena Purchasing
Department. General Requirements apply to all advertised proposals; however, these may be superseded, whole or in part, by
the SPECIAL CONDITIONS OR OTHER DATA CONTAINED HEREIN.
READ THIS ENTIRE DOCUMENT CAREFULLY. FOLLOW ALL INSTRUCTIONS. YOU ARE RESPONSIBLE FOR FULFILLING
ALL REQUIREMENTS AND SPECIFICATIONS. BE SURE YOU UNDERSTAND THEM.
1. TERM CONTRACTS
The CITY of PASADENA acceptance of Proposer's offer shall be limited to the terms herein unless expressly agreed in
writing by the CITY. If the contract is intended to cover a specific time period, the term will be given in the specifications
under PERIOD OF CONTRACT
2. ANTI-LOBBYING PROVISION
DURING THE PERIOD BETWEEN THE PROPOSAL MAILING DATE AND THE CONTRACT AWARD, PROPOSERS,
INCLUDING THEIR AGENTS AND REPRESENTATIVES, SHALL NOT DIRECTLY DISCUSS OR PROMOTE THEIR
PROPOSAL WITH ANY MEMBER OF THE PASADENA CITY COUNCIL OR CITY STAFF EXCEPT IN THE COURSE OF
CITY-SPONSORED INQUIRIES, BRIEFINGS, INTERVIEWS, OR PRESENTATIONS, UNLESS REQUESTED BY THE
CITY.
THIS PROVISION IS NOT MEANT TO PRECLUDE PROPOSERS FROM DISCUSSING OTHER MATTERS WITH CITY
COUNCIL MEMBERS OR CITY STAFF. THIS POLICY IS INTENDED TO CREATE A LEVEL PLAYING FIELD FOR ALL
POTENTIAL PROPOSERS, ASSURE THAT CONTRACT DECISIONS ARE MADE IN PUBLIC, AND TO PROTECT THE
INTEGRITY OF THE PROPOSAL PROCESS. VIOLATION OF THIS PROVISION MAY RESULT IN REJECTION OF THE
PROPOSER S PROPOSAL.
3. POTENTIAL CONFLICTS OF INTEREST
An outside consultant or contractor is prohibited from submitting a proposal for services on a CITY of PASADENA project
of which the consultant or contractor was a designer or other previous contributor, or was an affiliate, subsidiary, joint
venture or was in any other manner associated by ownership to any party that was a designer or other previous contributor.
If such a consultant or contractor submits a prohibited proposal, that proposal shall be disqualified on the basis of conflict
of interest, no matter when the conflict is discovered by CITY of PASADENA.
4. GOVERNING FORMS
In the event of any conflict between the terms and provisions of these requirements and the specifications, the specifications
shall govern. In the event of any conflict of interpretation of any part of this overall document, the City's interpretation shall
govern.
5. GOVERNING LAW
This proposal solicitation is governed by the competitive bidding requirements of the CITY and Texas Local Government
Code 252, as amended. Proposers shall comply with all applicable federal, state and local laws and regulations. Proposer
is further advised that these requirements shall be fully governed by the laws of the State of Texas and that the CITY of
PASADENA may request and rely on advice, decisions and opinions of the Attorney General of Texas and the City Attorney
concerning any portion of these requirements.
6. APPLICABLE LAW AND VENUE
Any agreement resulting from this RFP shall be construed according to the laws of the State of Texas. The City and vendors
agree that the venue for any legal action under this agreement shall be the Court of Harris County, Texas. In the event that
any action is brought under any agreement resulting from the RFP in Federal Court, the venue for such action shall be in
the Federal Judicial District of Harris County, Texas.
7. IMMIGRATION REFORM and CONTROL ACT (IRCA)
The Immigration Reform and Control Act (IRCA), also Simpson-Mazzoli Act (Pub.L. 99-603, 100 Stat. 3359, signed by
President Ronald Reagan on November 6, 1986) is an Act of Congress which reformed United States immigration law. The
Act made it illegal to knowingly hire or recruit illegal immigrants (immigrants who do not possess lawful work authorization),
required employers to attest to their employees' immigration status, and granted amnesty to certain illegal immigrants who
entered the United States before January 1, 1982 and had resided there continuously. The Act also granted a path towards
legalization to certain agricultural seasonal workers and immigrants who had been continuously and illegally present in the
United States since January 1, 1982.
8. ADDENDA
When specifications are revised, the CITY of PASADENA Purchasing Department will issue an addendum addressing the
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PURCHASING OFFICE
nature of the change. Proposers must sign and include it in the returned proposal package.
9. SILENCE OF SPECIFICATIONS
The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed description concerning
any point, shall be regarded as meaning that only the best commercial practice is to prevail and that only material and
workmanship of the finest quality are to be used. All interpretations of specifications shall be made on the basis of this
statement. The items furnished under this contract shall be new, unused of the latest product in production to commercial
trade and shall be of the highest quality as to materials used and workmanship. Manufacturer furnishing these items shall
be experienced in design and construction of such items and shall be an established supplier of the item proposed.
10. NAME BRANDS
Specifications may reference name brands and model numbers. It is not the intent of the CITY of PASADENA to restrict
these proposals in such cases, but to establish a desired quality level of merchandise or to meet a pre-established standard
due to like existing items. Proposers may offer items of equal stature and the burden of proof of such stature rests with
proposers. The CITY of PASADENA shall act as sole judge in determining equality and acceptability of products offered.
11. INSPECTIONS & TESTING
City of Pasadena reserves the right to inspect any item(s) or service location for compliance with specifications and
requirements and needs of the using department. If a Proposer cannot furnish a sample of a proposal item, where
applicable, for review, or fails to satisfactorily show an ability to perform, the CITY can reject the proposal as inadequate.
12. PRICING
Prices for all goods and/or services shall be firm for the duration of each term of the contract. Pricing for the initial term
shall be stated on the Proposal Pricing form. Prices shall be all inclusive: No price changes, additions, or subsequent
qualifications will be honored during the contract term. All prices must be written in ink or typewritten. Pricing on all
transportation, freight, drayage, and other charges are to be prepaid by the Contractor and included in the proposal prices.
If there are any additional charges of any kind, other than those mentioned above, specified, or unspecified, Proposer
MUST indicate the items required and attendant costs or forfeit the right to payment for such items. Where unit pricing and
extended pricing differ, unit pricing prevails.
13. PROPOSAL FORM COMPLETION
Unless otherwise specified, Proposers must use the proposal forms supplied by the Purchasing Office. Fill out and return
all forms to the City Secretary's Office. An authorized representative of the proposer should sign the Proposal Sheet. The
contract will be binding only when signed by the CITY of PASADENA, funds are certified by the CITY Controller, as
applicable, and a Purchase Order issued.
14. SCANNED OR RE-TYPED RESPONSE
If in its proposal response, Proposer either electronically scans, re-types, or in some way reproduces the City's published
proposal package, then in event of any conflict between the terms and provisions of the City's published proposal
specifications, or any portion thereof, and the terms and provisions of the proposal response made by Proposer, the City's
proposal specifications as published shall control. Furthermore, if an alteration of any kind to the City's published proposal
specifications is only discovered after the contract is executed and is or is not being performed; the contract is subject to
immediate cancellation.
15. PROPOSAL RETURNS including ALTERNATE PROPOSALS
PROPOSER shall return one (1) "ORIGINAL" hard copy and one (1) digital copy on a USB drive of the PROPOSAL in
a sealed envelope or package of comparable size. Please cut out and affix the PROPOSAL label found on page 27 to
the outermost mailing envelope (UPS, USPS, FEDEX, etc.) of your proposal to ensure proper delivery!
Only one Proposal per envelope. Alternate Proposals shall be in a separate envelope and marked as Alternate
Proposal.
Proposers must return all completed proposals to:
City of Pasadena
City Secretary's Office
1149 Ellsworth Dr., Suite 200
Pasadena, Texas 77506
by the date and time specified. Late proposals will not be accepted, and will be returned to Proposers unopened.
16. SUPPLEMENTAL MATERIALS
Proposers are responsible for including all pertinent product data in the returned proposal package. Literature, brochures,
data sheets, specification information, completed forms requested as part of the proposal package and any other facts
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PURCHASING OFFICE
which may affect the evaluation and subsequent contract award should be included. Materials such as legal documents
and contractual agreements, which the Proposer wishes to include as a condition of the proposal, must also be in the
returned proposal package. Failure to include all necessary and proper supplemental materials may be cause to reject the
entire proposal.
17. DISQUALIFICATION OF PROPOSER
Upon signing this proposal document, a Proposer offering to sell supplies, materials, services, or equipment to the CITY of
PASADENA certifies that the Proposer has not violated the antitrust laws of this state codified in Texas Business and
Commerce Code 15.01, et seq., as amended, or the federal antitrust laws, and has not communicated directly or indirectly
the proposal made to any competitor or any other person engaged in such line of business. Any or all proposals may be
rejected if the CITY believes that collusion exists among the Proposers. Proposals in which the prices are obviously
unbalanced may be rejected. If multiple proposals are submitted by a Proposer and after the proposals are opened, one
of the proposals is withdrawn, the result will be that all of the proposals submitted by that Proposer will be withdrawn;
however, nothing herein prohibits a vendor from submitting multiple proposals for different products or services.
18. AWARD OF CONTRACT
18.1. Per Section 252.043 of the Texas Local Government Code;
18.1.1. In determining the best value for the municipality, the municipality may consider:
(a) the purchase price;
(b) the reputation of the Proposer and of the Proposer's goods or services;
(c) the quality of the Proposer's goods or services;
(d) the extent to which the goods or services meet the municipality's needs;
(e) the Proposer's past relationship with the municipality;
(f) 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;
(g) the total long-term cost to the municipality to acquire the Proposer's goods or services; and
(h) any relevant criteria specifically listed in the Request for Proposal.
18.2. The City reserves the right to make an award on the basis of low line item, low total of lines items, or in any other
combination that serves the best interest of the City and to reject any and all Proposals or line items at the City's
sole discretion. For the purpose of evaluation, any item left blank will be deemed "No response".
18.3. The City reserves the right to accept any item or group of items on this Proposal, unless the Proposer qualifies
his/her Proposal by specific limitations and/or unless otherwise specified in Special Conditions.
18.4. A written award of acceptance (manifested by a City Ordinance) and appropriation mailed or otherwise furnished
to the successful Proposal results in a binding contact without further action by either party.
18.5. Breaking of tie Proposals shall be in accordance with the Texas Local Government Code 271.901.
18.6. Although the information furnished to Proposer specified the approximate quantities needed, based on the best
available information where a contract is let on a unit price basis, payment shall be based on the actual quantities
supplied. The City reserves the right to delete items, prior to the awarding of the contract, and purchase said items
by other means; or after the awarding of the contract, to increase or decrease the quantities in accordance with
252.048 of the Texas Local Government Code. No changes shall be made without written notification of the City.
18.7. The City of Pasadena reserves the right to waive any formality or irregularity, to make awards to more than one
Proposer, and to reject any or all Proposals.
19. EVALUATION
Evaluation shall be used as a determinant as to which proposal items or services are the most efficient and/or most
economical for the CITY. It shall be based on all factors that have a bearing on price and performance of the items in the
user environment. All proposals are subject to tabulation by the CITY of PASADENA Purchasing Department and
recommendation to the governing body. Compliance with all proposal requirements, delivery and needs of the using
department are considerations in evaluating proposals. The CITY of PASADENA Purchasing Department reserves the right
to contact any Proposer, at any time, to clarify, verify, or request information regarding any proposal.
20. PROTESTS
20.1. All protests regarding the solicitation process must be submitted in written form to the Purchasing Manager within
five (5) working days following the opening of proposals. This includes all protests relating to legal advertisements,
deadlines, proposal openings, and all other related procedures under the Local Government Code, as well as any
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protests relating to alleged improprieties or ambiguities in the specifications contained herein or in the contract
documents.
20.2. Post-award protests must be submitted in written form to the Purchasing Manager within five (5) working days after
award and must specify the grounds upon which the protest is based. A valid protest shall;
20.2.1. Come from an actual proposer or proposer for the contract, and
20.2.2. Who claim to be the rightful awardee. That is, the protest is not valid if filed by a proposer who cannot show
they would be awarded the contract if their protest were accepted.
20.3. The Purchasing Manager, having authority to make the final determination, will respond within 10 working days to
each substantive issue raised in the protest. Allowances for reconsiderations shall be made only if data becomes
available that was not previously known, or if there has been an error of law or regulation.
21. CONTRACT OBLIGATION
The CITY of PASADENA City Council must award the contract and the Mayor or other person authorized by the Mayor
must sign the contract before it becomes binding on the CITY of PASADENA or the proposers. Department heads are
NOT authorized to sign agreements for the CITY of PASADENA. Binding agreements shall remain in effect until all products
and/or services covered by this purchase have been satisfactorily delivered and accepted.
22. INDEPENDENT CONTRACTOR
It is expressly understood and agreed by both parties hereto that the City is contracting with the successful vendor as
independent contractor. The parties hereto understand and agree that the City shall not be liable for any claims which may
be asserted by any third party occurring in connection with the services to be performed by the successful vendor under
this contract and that the successful vendor has no authority to bind the City.
23. FISCAL FUNDING
A multi-year lease or lease/purchase arrangement (if requested by the Special Requirements/Instructions), or any contract
continuing as a result of an extension option, must include fiscal funding out. If, for any reason, funds are not appropriated
to continue the lease or contract, said lease or contract shall become null and void on the last day of the current
appropriation of funds. After expiration of the lease, leased equipment shall be removed by the proposer from the using
department without penalty of any kind or form to the CITY of PASADENA. All charges and physical activity related to
delivery, installation, removal and redelivery shall be the responsibility of the proposer.
24. GRANT FUNDING
Any contract entered into by the CITY that is to be paid from grant funds shall be limited to payment from the grant funding
and the vendor/provider understands that the CITY has not set aside any CITY funds for the payment of obligations under
a grant contract. If grant funding should become unavailable at any time for the continuation of services paid for by the
grant, and further funding cannot be obtained for the contract, then the sole recourse of the provider shall be to terminate
any further services under the contract and the contract shall be null and void.
25. INSURANCE
The Proposer, if awarded a contract, shall maintain insurance coverage reflecting the minimum amounts and conditions
required by the City. A certificate of insurance naming the City of Pasadena as an Additional Insured and verifying that the
insurance requirements as listed within this solicitation must be submitted to the City of Pasadena within ten (10) business
days from request. The successful vendor will be required to maintain, at all times during performance of the contract, the
insurance detailed in proposal specifications. Failure to provide this document may result in disqualification of proposal.
The original certificate shall be provided to the City of Pasadena, Purchasing Department, 1149 Ellsworth Dr., Suite
400, Pasadena, TX 77506.
26. WAIVER OF SUBROGATION
Proposer and proposer's insurance carrier waive any and all rights whatsoever with regard to subrogation against CITY of
PASADENA as an indirect party to any suit arising out of personal or property damages resulting from proposer's
performance under this agreement.
27. TERMINATION
The CITY of PASADENA reserves the right to terminate the contract for default if proposer breaches any of the terms
therein, including warranties of proposer or if the proposer becomes insolvent or commits acts of bankruptcy. Such right
of termination is in addition to and not in lieu of any other remedies which the CITY of PASADENA may have in law or
equity. Default may be construed as, but not limited to, failure to deliver the proper goods and/or services within the proper
amount of time, and/or to properly perform any and all services required to the City's satisfaction and/or to meet all other
obligations and requirements.
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28. TERMINATION-NOTICE
Either party may cancel the contract at any time after award. The City shall be required to give the vendor notice thirty
days prior to the date of cancellation of the contract. The vendor shall be required to give the City written notice sixty days
prior to the date of cancellation of the contract. The CITY of PASADENA may terminate the contract without cause upon
30 days written notice.
29. INDEMNITY
29.1. CONTRACTOR COVENANTS AND AGREES TO FULLY INDEMNIFY AND HOLD HARMLESS, THE CITY AND
ELECTED OFFICIALS, EMPLOYEES, OFFICERS, DIRECTORS, AND REPRESENTATIVES OF THE CITY,
INDIVIDUALLY OR COLLECTIVELY, FROM AND AGAINST ANY AND ALL COSTS, CLAIMS, LIENS,
DAMAGES LOSSES, EXPENSES, FEES, FINES, PENALTIES, PROCEEDINGS, ACTIONS, DEMANDS,
CAUSES OF ACTION, LIABILITY AND SUITS OF ANY KIND AND NATURE, INCLUDING BUT NOT LIMITED
TO, PERSONAL INJURY OR DEATH AND PROPERTY DAMAGE, MADE UPON THE CITY, DIRECTLY OR
INDIRECTLY ARISING OUT OF RESULTING FROM OR RELATED TO PROPOSAL ACTIVITIES UNDER THIS
PROPOSAL, INCLUDING ANY ACTS OR OMISSIONS OF CONTRACTOR, ANY AGENT, OFFICER,
DIRECTOR, REPRESENTATIVE, EMPLOYEE, CONSULTANT OR SUBCONTRACTOR OF CONTRACTOR,
AND THEIR RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, DIRECTORS AND REPRESENTATIVES
WHILE IN THE EXERCISE OR PERFORMANCE OF THE RIGHTS OR DUTIES UNDER THIS CONTRACT, ALL
WITHOUT, HOWEVER, WAIVING ANY GOVERNMENTAL IMMUNITY AVAILABLE TO THE CITY UNDER
TEXAS LAW AND WITHOUT WAIVING ANY DEFENSES OF THE PARTIES UNDER TEXAS LAW. THE
PROVISIONS OF THIS INDEMNIFICATION ARE SOLELY FOR THE BENEFIT OF THE PARTIES HERETO
AND NOT INTENDED TO CREATE OR GRANT ANY RIGHTS, CONTRACTUAL OR OTHERWISE, TO ANY
OTHER PERSON OR ENTITY. CONTRACTOR SHALL PROMPTLY ADVISE THE CITY IN WRITING OF ANY
CLAIM OR DEMAND AGAINST THE CITY OR CONTRACTOR KNOWN TO CONTRACTOR RELATED TO OR
ARISING OUT OF CONTRACTOR'S ACTIVITIES UNDER THIS CONTRACT AND SHALL SEE TO THE
INVESTIGATION AND DEFENSE OF SUCH CLAIM OR DEMAND AT CONTRACTOR'S COST. THE CITY
SHALL HAVE THE RIGHT, AT ITS OPTION AND AT ITS OWN EXPENSE, TO PARTICIPATE IN SUCH
DEFENSE WITHOUT RELIEVING CONTRACTOR OF ANY OF ITS OBLIGATIONS UNDER THIS
PARAGRAPH.
29.2. IT IS THE EXPRESS INTENT OF THE PARTIES TO THIS CONTRACT, THAT THE INDEMNITY PROVIDED
FOR IN THIS SECTION, IS AN INDEMNITY EXTENDED BY CONTRACTOR TO INDEMNIFY, PROTECT AND
HOLD HARMLESS THE CITY FROM CONSEQUENCES OF THE CITY'S OWN NEGLIGENCE, PROVIDED
HOWEVER, THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION SHALL APPLY ONLY WHEN THE
NEGLIGENT ACT OF THE CITY IS A CONTRIBUTORY CAUSE OF THE RESULTANT INJURY, DEATH, OR
DAMAGE, AND SHALL HAVE NO APPLICATION WHEN THE NEGLIGENT ACT OF THE CITY IS THE SOLE
CAUSE OF THE RESULTANT INJURY, DEATH, OR DAMAGE. CONTRACTOR FURTHER AGREES TO
DEFEND, AT ITS OWN EXPENSE AND ON BEHALF OF THE CITY AND IN THE NAME OF THE CITY, ANY
CLAIM OR LITIGATION BROUGHT AGAINST THE CITY AND ITS ELECTED OFFICIALS, EMPLOYEES,
OFFICERS, DIRECTORS AND REPRESENTATIVES, IN CONNECTION WITH ANY SUCH INJURY, DEATH,
OR DAMAGE FOR WHICH THIS INDEMNITY SHALL APPLY, AS SET FORTH ABOVE.
29.3. PATENTS/COPYRIGHTS
The successful vendor agrees to indemnify and hold the City harmless from any claim involving patent infringement
or copyrights on goods supplied.
30. PURCHASE ORDER AND DELIVERY
The successful proposer shall not deliver products or provide services without a CITY of PASADENA Purchase Order,
signed by an authorized agent of the CITY of PASADENA Purchasing Department. The fastest, most reasonable delivery
time shall be indicated by the proposer in the proper place on the Pricing/Delivery Information form. Any special information
concerning delivery should also be included, on a separate sheet, if necessary. All items shall be shipped F.O.B. INSIDE
DELIVERY unless otherwise stated in the specifications. This shall be understood to include bringing merchandise to the
appropriate room or place designated by the using department. Every tender or delivery of goods must fully comply with
all provisions of these requirements and the specifications including time, delivery and quality. Nonconformance shall
constitute a breach which must be rectified prior to expiration of the time for performance. Failure to rectify within the
performance period will be considered cause to reject future deliveries and cancellation of the contract by CITY of
PASADENA without prejudice to other remedies provided by law. Where delivery times are critical, the CITY of PASADENA
reserves the right to award accordingly.
31. DELIVERY OF GOODS/SERVICES
31.1. All materials are to be delivered F.O.B.; City of Pasadena designated facility.
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Commodity Code: 912-23,912-25,912-26,912-32,988-63 RFP # 26-020 Preston Park Development - Phase 1
CITY OF PASADENA
PURCHASING OFFICE
31.2. Delivery dates pertaining to this invitation must be clearly stated in the proposal form where required and include
weekends and holidays. Failure to comply with this requirement may be a cause for disqualification of proposal.
Unless otherwise specified, delivery at the earliest date is required. The proposer will clearly state in the proposal
the time required for delivery upon receipt of contract or purchase order. Proposed delivery time must be specific
and such phrases "as required," "as soon as possible" or "prompt" may result in disqualification of the proposal.
31.3. Upon award of a contract, the vendor is obligated to deliver the goods to the destination specified in the Request
for Proposals or the Purchase Order and bears the risk of loss until delivery. If this Request for Proposals for
Purchase Order does not contain delivery instructions, proposers shall request instructions in writing from the
Purchasing Manager. If the delivery instructions contained in the Request for Proposals allocate delivery costs
and risks in a manner contrary to this section, the provisions of this Request for Proposals shall prevail.
31.4. The City shall have a reasonable time (but not less than 30 days) after receipt to inspect the goods and services
tendered by vendor. The City at its option may reject all or any portion of such goods or services which do not, in
City's sole discretion, comply in every respect with all terms and conditions of the contract. The City may elect to
reject the entire goods and services tendered even if only a portion thereof is nonconforming. If the City elects to
accept nonconforming goods and services, the City, in addition to its other remedies, shall be entitled to deduct a
reasonable amount from the price thereof to compensate the City for the nonconformity. Any acceptance by the
City, even if non-conditional, shall not be deemed a waiver or settlement of any defect in such goods and services.
31.5. When delivery is not met as provided for in the contract, the Purchasing Department reserves the right to make
the purchase on the open market, with any cost in excess of the contract price paid by the vendor, in addition to
any other damages, direct or consequential, incurred by the City as a result thereof. In addition, failure of the
vendor to meet the contract delivery dates will be cause for removal of the vendor from the City's list of eligible
proposers as determined by the Purchasing Department.
32. SAFETY DATA SHEETS (SDS)
Under the "Hazardous Communication Act", commonly known as the "Texas Right to Know Act", a proposer must provide
to the CITY with each delivery, safety data sheets, which are applicable to hazardous substances, defined in the Act.
Failure of the proposer to furnish this documentation will be cause to reject any proposal applying thereto.
33. TITLE TRANSFER
Title and Risk of Loss of goods shall not pass to CITY of PASADENA until CITY of PASADENA actually receives and takes
possession of the goods at the point or points of delivery. Receiving times may vary with the using department. Generally,
deliveries may be made between 8:30 a.m. and 4:00 p.m., Monday through Friday. Proposers are advised to consult the
using department for instructions. The place of delivery shall be shown under the "Special Requirements/Instructions"
section of this proposal package and/or on the Purchase Order as a "Deliver To:" address.
34. WARRANTIES
Proposers shall furnish all data pertinent to warranties or guarantees which may apply to items in the proposal. Proposers
may not limit or exclude any implied warranties. Proposer warrants that product sold to the CITY shall conform to the
standards established by the U.S. Department of Labor under the Occupational Safety and Health Act of 1970. In the event
product does not conform to OSHA Standards, where applicable, CITY of PASADENA may return the product for correction
or replacement at the proposer's expense. If proposer fails to make the appropriate correction within a reasonable time,
CITY of PASADENA may correct at the proposer's expense.
35. INVOICES AND PAYMENTS
Proposers shall submit an original invoice on each purchase order or purchase release after each delivery, indicating the
purchase order number. Invoices must be itemized. Any invoice, which cannot be verified by the contract price and/or is
otherwise incorrect, will be returned to the proposer for correction. Under term contracts, when multiple deliveries and/or
services are required, the proposer may invoice following each delivery and the CITY will pay on invoice. Contracts
providing for a monthly charge will be billed and paid on a monthly basis only. Prior to any and all payments made for goods
and/or services provided under this contract; the proposer should provide his Taxpayer Identification Number or social
security number as applicable. This information must be on file with the CITY Finance office. Failure to provide this
information may result in a delay in payment and/or back-up withholding as required by the Internal Revenue Service.
36. TAXES
The CITY of PASADENA is exempt from all federal excise, state and local taxes unless otherwise stated in this document.
The CITY of PASADENA claims exemption from all sales and/or use taxes under Texas Tax Code 151.309, as amended.
Texas Limited Sales Tax Exemption Certificates will be furnished upon written request to the CITY of PASADENA
Purchasing Department.
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