INVITATION FOR BIDS FOR: 12TH ST TRAFFIC SIGNAL

IMPROVEMENTS

IFB#: 003-27-EPW-IFB

IFB CLOSING DATE: Thursday, October 29, 2026

IFB CLOSING TIME: 3:00 P.M CT

City of Brownsville, Texas Procurement Department Solicitation No. 145-26-EPW-IFB

Table of Contents

1 GENERAL INFORMATION

1.1 INVITATION SUMMARY

1.2 LEGAL ADVERTISEMENT NOTICE

1.3 CALENDAR OF EVENTS

1.4 PROJECT OVERVIEW

1.5 POINT OF CONTACT

1.6 UNAUTHORIZED COMMUNICATION

1.7 SUBMISSION OF CLARIFICATIONS OR CHANGES

1.8 SUBMISSION OF BIDS

1.9 BUDGET INFORMATION

1.10 FUNDING NOTICE

2 SCOPE OF WORK / TECHNICAL SPECIFICATIONS

2.1 PROJECT DESCRIPTION

2.2 MINIMUM QUALIFICATIONS

2.3 PERFORMANCE REQUIREMENTS

2.4 REFERENCE TO TECHNICAL DOCUMENTS

3 BID SUBMISSION REQUIREMENTS

3.1 CITY REQUIRED FORMS

3.2 VENDOR PRODUCED FORMS

3.3 CONFIDENTIALITY / TEXAS PUBLIC INFORMATION ACT

4 EVALUATION AND AWARD

4.1 EVALUATION PROCESS OVERVIEW

4.2 RESPONSIVENESS (PASS/FAIL)

4.3 RESPONSIBILITY (PASS/FAIL)

4.4 PRICING (LOWEST BIDDER)

4.5 BASIS OF AWARD

4.6 SINGLE BID

5 TERMS AND CONDITIONS

5.1 STANDARD TERMS AND CONDITIONS REFERENCE (EXHIBIT A)

5.2 BID PRICING PERIOD

5.3 WITHDRAWAL OF BID

5.4 BID PRICE REVISIONS (IF APPLICABLE)

5.5 AVAILABILITY OF FUNDS / NON-APPROPRIATION

5.6 TERMINATION BY THE CITY

5.7 INDEMNIFICATION

5.8 INSURANCE REQUIREMENTS

5.9 PROTEST PROCEDURES

5.10 RESTRICTIONS ON LOBBYING & POLITICAL CONTRIBUTIONS

5.11 CONFLICT OF INTEREST DISCLOSURES

5.12 STATE AND FEDERAL CERTIFICATIONS

5.13 PUBLIC INFORMATION ACT & CONFIDENTIALITY

5.14 GOVERNING LAW & VENUE

5.15 INDEPENDENT CONTRACTOR STATUS

5.16 RESERVATION OF RIGHTS

5.17 CONSTRUCTION ONLY TERMS AND CONDITIONS (IF APPLICABLE)

5.17.1 Bid Bond (Construction Only)

5.17.2 Payment and Performance Bond Requirements (Construction Only) (Exhibit B)

5.17.3 Liquidated Damages (Construction Only)

5.17.4 Application for Progress Payment; Retainage (Construction/Renovation Only)

5.17.5 Contractor’s Warranty of Title (Construction Only)

5.17.6 Change Orders

5.17.7 Materials Testing and Compliance (Construction Only; or Goods/Materials, If Applicable)

6 EXHIBIT “A” - STANDARD PURCHASING TERMS AND CONDITIONS

7 EXHIBIT “B” - CHAPTER 2253. PUBLIC WORK PERFORMANCE AND PAYMENT BOND

1 General Information

1.1 Invitation Summary

The City of Brownsville Procurement Department appreciates your interest in this solicitation. This Invitation for Bids (IFB) includes all requirements, specifications, and forms necessary for submission. All dates and times referenced in this IFB are Central Standard Time (CST).

Bidders are responsible for ensuring their response is complete and submitted electronically through the City’s Bonfire portal at https://brownsvilletx.bonfirehub.com by the deadline stated in this solicitation. Late responses will not be accepted.

For questions or assistance, please contact the designated Buyer listed in Section 1.5 (Point of Contact).

1.2 Legal Advertisement Notice

* B/P/Q (Bid/Proposal/Qualifications)

Sealed, bids/proposals will be received by the City of Brownsville’s Electronic Portal at City of Brownsville (bonfirehub.com)

Copies of the bid documents consisting of detailed specifications, general requirements or other information may be obtained at http://www.brownsvilletx.gov City of Brownsville (bonfirehub.com)

Interested Bidders/Proposers are invited to attend the Pre-Bid meeting and the Bid/Proposal opening Virtually on the dates specified. Presence is not mandatory. Specifications may also be viewed and downloaded at: City of Brownsville (bonfirehub.com)

Description NUMBER Pre-Bid Meeting OPENING

INVITATION FOR BIDS

FOR THE 12th ST.

SIGNAL IMPROVEMENTS

*B

003-27-EPW-IFB

Thursday, October 15, 2026

@ 10:00 A.M CT

TEAMS VIRTUAL MEETING

Thursday, October 29, 2026 @ 3:00 P.M CT

IN PERSON & TEAMS

VIRTUAL MEETING

1001 E. Elizabeth St.

Brownsville, TX, 78520 https://brownsvilletx.bonfirehub.com/ https://brownsvilletx.bonfirehub.com/portal/?tab=openOpportunities https://brownsvilletx.bonfirehub.com/portal/?tab=openOpportunities http://www.brownsvilletx.gov/ https://brownsvilletx.bonfirehub.com/portal/?tab=openOpportunities

1.3 Calendar of Events

Release Date

• Brownsville

Herald 1st and 2nd Advertisement

Wednesday, October 7, 2026, and Wednesday, October 14, 2026

Pre-Bid Meeting

10/15/2026 10:00 AM

The Pre-Bid meeting is open to the public. Pre-Bid meeting participants may attend via Microsoft Teams (link below).

Microsoft Teams Link:

https://teams.microsoft.com/meet/278712280718045?p=KWwxtYI0My52yvCFVK

Meeting ID: 278 712 280 718 045

Passcode: 3Uq9Mp3V

Questions Due Date 10/19/2026 3:00 PM Addenda Issue Date Thursday, October 22, 2026

TxDOT pre-qualification

• Bidder must be prequalified with TxDOT at the time of bid opening. Failure to meet this requirement will result in the bid being deemed non-responsive.

(Refer to Item 2L in Exhibit C: TxDOT Standard Specifications and Special Provisions.

• Resource: https://www.txdot.gov/business/road-bridge-maintenance/contract-letting/contractor-prequalification.html

Bid Closing Date (Bid Due Date)

10/29/2026 3:00 PM

Bid Opening Meeting

10/29/2026 3:00 PM

The Bid Opening meeting is open to the public. Bid Opening meeting participants may attend via Microsoft Teams (link below).

Microsoft Teams Link:

https://teams.microsoft.com/meet/269088915427129?p=gQGW4crGavRYNW3TTv

Meeting ID: 269 088 915 427 129

Passcode: Nc3qt7gG

Optional In-person Address: Purchasing Room at City Hall: 1001 E. Elizabeth St., Brownsville, TX, 78520 https://teams.microsoft.com/meet/278712280718045?p=KWwxtYI0My52yvCFVK https://www.txdot.gov/business/road-bridge-maintenance/contract-letting/contractor-prequalification.html https://www.txdot.gov/business/road-bridge-maintenance/contract-letting/contractor-prequalification.html https://teams.microsoft.com/meet/269088915427129?p=gQGW4crGavRYNW3TTv

1.4 Project Overview

It is the intent of the City of Brownsville, Texas, to solicit sealed competitive bids for the 12th Street Traffic Signal Improvement Project, funded through the RGVMPO Category 7 (STBG-MM) Program. The City of Brownsville has been awarded Surface Transportation Block Grant – Metropolitan Mobility funds and is issuing a Solicitation for Sealed Bids for a construction contract associated with traffic signal improvements along the 12th Street corridor. The project aims to modernize traffic signal equipment, enhance corridor operations, and improve safety for motorists, pedestrians, and bicyclists. STBG-MM funds are provided as contract authority and are reimbursed through the Highway Trust Fund.

1.5 Point of Contact

For information regarding bidding procedures contact Eduardo Torres, Buyer or Damian Espinoza, Procurement Director, via Bonfire or email at purchasing@brownsvilletx.gov

1.6 Unauthorized Communication

Any oral communications are considered unofficial and non-binding with regard to this IFB. After the release of this solicitation, Bidder(s) are prohibited from contacting or communicating with any City officer, employee, or representative regarding this IFB other than (i) the point of contact designated herein. No officer, employee, agent, or representative of the Proposer(s) shall, directly or indirectly through others, have any contact or discussion, oral or written, with any members of the City Commission; members of the IFB evaluation, interview, or selection panels; City staff or City’s consultants, or seek to influence any City Commission Member, IFB evaluator, City staff, or City’s consultants regarding any matters pertaining to this solicitation, except as expressly provided herein. IF A REPRESENTATIVE OF ANY BIDDING COMPANY

VIOLATES THE FOREGOING PROHIBITION BY CONTACTING ANY OF THE ABOVE-LISTED

PARTIES WITH WHOM CONTACT IS NOT AUTHORIZED, SUCH CONTACT MAY RESULT IN

THE PROPOSER BEING DISQUALIFIED FROM THE IFB/RFP/RFQ/ OR ANY OTHER

PROCUREMENT RELATED PROCESS.

1.7 Submission of Clarifications or Changes

All requests for clarifications must be submitted in Bonfire no later than the date specified in the Calendar of Events.

1.8 Submission of Bids

Respondent is responsible to ensure that their IFB response is received in a timely manner and that it contains all elements of the IFB including all required forms and any addendums issued. IFB responses received after the deadline will not be opened and therefore not evaluated or considered for award, regardless of whether or not the delay was outside the control of the submitting provider. The City of Brownsville reserves the right to negotiate with any and all service providers submitting timely responses, and to reject any and all bids.

https://brownsvilletx.bonfirehub.com/ mailto:purchasing@brownsvilletx.gov

1.9 Budget Information

The City of Brownsville will not be disclosing budget information for this project. Bidders are expected to submit their most competitive pricing in response to this IFB.

1.10 Funding Notice

This project is funded in part through the Texas Department of Transportation (TxDOT) using Surface Transportation Block Grant – Metropolitan Mobility (STBG-MM) funds administered through the Rio Grande Valley Metropolitan Planning Organization (RGVMPO). Federal funds are provided as contract authority and reimbursed through the Highway Trust Fund.

As a federally funded project, the resulting contract is subject to all applicable federal and state requirements, including but not limited to Title 23 of the Code of Federal Regulations, TxDOT requirements, and applicable Federal Highway Administration (FHWA) provisions. These requirements include, but are not limited to, the Davis-Bacon Act (prevailing wage rates), Buy America provisions, and FHWA Form 1273 (Required Contract Provisions – Federal-Aid Construction Contracts).

Bidders shall comply with all documentation, reporting, and good-faith effort requirements as determined by TxDOT and incorporated into the final contract documents.

Bidders are advised that compliance with all applicable federal and state funding requirements is mandatory and will be enforced as part of the contract.

STANDALONE EQUAL EMPLOYMENT SECTION

The City of Brownsville is an Affirmative Action/Equal Opportunity Employer. Minority Business Enterprises, Small Business Enterprises, Women Business Enterprises, and Labor Surplus Area firms are encouraged to submit proposals.

2 Scope of Work / Technical Specifications

2.1 Project Description

Project Overview

The 12th Street Traffic Signal Improvements Project involves comprehensive modernization and safety enhancements to the traffic signal infrastructure along 12th Street, within project limits from IH 69 to E. Saint Charles Street. The project includes improvements at ten (10) signalized intersections and one (1) overhead flashing beacon, with an emphasis on improving traffic operations, pedestrian safety, accessibility, and multimodal connectivity within the corridor.

General Description of Work

The work under this project includes furnishing all labor, materials, equipment, and incidentals necessary to remove, replace, upgrade, install, test, and place into operation traffic signal systems and associated roadway and pedestrian infrastructure. All work shall be performed in accordance with applicable MUTCD, TxDOT, FHWA, ADA, NEC, and City of Brownsville standards.

Traffic Signal and Beacon Improvements

Improvements shall include, but are not limited to, the following:

• Removal of existing traffic signal and beacon equipment, including obsolete poles, mast arms, signal heads, wiring, and cabinets, as required.

• Installation of new traffic signal poles and mast arms, including foundations and structural components.

• Furnishing and installation of new LED traffic signal heads with retroreflective backplates, in compliance with MUTCD requirements.

• Installation, upgrade, or replacement of one (1) overhead flashing beacon, including supporting structures, signal indications, and electrical components.

• Installation of new traffic signal wiring, including power, signal, and communication conductors.

• Installation of new underground conduit systems, ground boxes, and pull boxes as required at design.

Pedestrian and ADA Improvements

• Construction of pedestrian bulb-outs at selected side streets to shorten crossing distances, improve pedestrian visibility, and enhance traffic calming.

• Construction and/or reconstruction of ADA-compliant curb ramps at improved intersections.

• Installation of accessible pedestrian signal (APS) push buttons, including audible and vibrotactile features, where applicable.

• Installation of pedestrian signal heads, countdown displays, and associated wiring in compliance with ADA and MUTCD standards.

Pavement Markings and Signing

• Removal and replacement of pavement markings along the project, including crosswalks, stop bars, lane lines, and related markings, as shown in plans.

• All pavement markings shall meet MUTCD and City of Brownsville material, layout, and reflectivity requirements.

Electrical and Utility Coordination

• Coordination with the electric utility provider (Brownsville Public Utility Board) for new or upgraded electrical service to traffic signal cabinets and the overhead flashing beacon, including meters, disconnects, and service conductors.

• Installation of electrical service components in compliance with NEC, utility provider requirements, and City standards.

Traffic Control and Construction Phasing

• Implementation of temporary traffic control measures in accordance with approved Traffic Control Plans and MUTCD requirements.

• Phasing of construction activities to maintain traffic flow and pedestrian access along the 12th Street corridor and intersecting streets.

Communications and Intelligent Transportation Systems (ITS)

• Installation of traffic signal communications equipment, including wireless communications components, as specified in the contract documents.

• Installation of CCTV cameras, including mounting hardware, cabling, power, and associated network equipment to support traffic monitoring and operational oversight.

• Installation of Cellular Vehicle-to-Everything (C-V2X) equipment, including roadside units (RSUs), mounting hardware, cabling, and associated network components to support signal preemption and connected corridor operations.

• Integration of all communications, CCTV, and C-V2X systems with the City of Brownsville’s existing traffic management and signal control infrastructure, including configuration, testing, commissioning, and verification of system functionality.

Testing, Commissioning, and Acceptance

• Testing and verification of all traffic signals, pedestrian, beacon, and electrical systems.

• Adjustment and fine-tuning of signal operations to ensure proper functionality and safety.

• Final inspection, acceptance, and delivery of as-built documentation to the City of Brownsville.

Standards and Compliance

All work shall conform to the latest adopted editions of the Manual on Uniform Traffic Control Devices (MUTCD), TxDOT Standard Specifications, FHWA requirements, Americans with Disabilities Act (ADA) standards, National Electrical Code (NEC), and applicable City of Brownsville specifications and ordinances.

Workload and Schedule Controls

The Awarded Vendor shall work on no more than three (3) intersections concurrently. For each intersection, the Awarded Vendor shall complete all work associated with that intersection within sixty (60) calendar days of commencing work at that intersection.

Approved Products and Substitutions

The products and model numbers identified in this solicitation are City-specified to ensure interoperability with existing traffic signal systems and field infrastructure. Substitutions, including “approved equal or better” products, may be considered only if the vendor can demonstrate and guarantee in writing that the proposed system is compatible with the City’s system. If, during the review process, the City determines that the proposed product/system is not compatible, the bid will be deemed non-compliant with the specified standard and will be disqualified.

The following traffic signal items are to be used at the various intersections as specified in the plans:

The following items are Bid items to Item 680-0006: Install Hwy Trf Sig (Upgrade)

• Controller – Econolite Cobalt (Shelf mount)

• Priority & Preemption – AI-500-085 Series Glance Preempt and AI-500-085 Priority Filed Monitoring

Unit

• Roadside Unit (RSU) – AI-500-095 C-V2X Enabled Roadside Unit

• Cyberlock – AI-500-036 Lock Monitoring Unit

For Item 6008-0001: RVDS (Presence Detection Only) - Radar Detection: Wavetronix ARC6 Processor & SmartSensor Matrix

For Item 6018-0001: CCTV Field Equipment (Digital) – CCTV (PTZ): Axis Q6135-LE PTZ Network Camera

2.2 Minimum Qualifications

In order to be considered a responsible bidder, the following minimum qualifications must be met. These requirements are subject to verification by the City. Failure to demonstrate compliance will result in the bid being deemed non-responsive or non-responsible.

• Business Experience o Bidder must have been in continuous operation providing goods or services similar in scope to this solicitation for a minimum of three (3) years.

o Bidder must provide at least three (3) references from projects of similar size and scope completed within the past five (5) years.

• TxDOT Prequalification o Bidder must be prequalified with TxDOT at the time of bid opening. Failure to meet this requirement will result in the bid being deemed non-responsive. (Refer to Item 2L in Exhibit C:

TxDot Standard Specification and Special Provisions o Resource: https://www.txdot.gov/business/road-bridge-maintenance/contract-letting/contractor-prequalification.html

• Financial and Legal Standing o Bidder must not be currently debarred, suspended, or otherwise ineligible to contract with any federal, state, or local government entity.

o Bidder must not be in arrears on any existing contract or have defaulted on a previous contract with the City.

o The City reserves the right to review financial stability, including bonding capacity (if applicable), to ensure the bidder can perform.

• Licenses and Certifications o Bidder must hold all licenses, certifications, and registrations required by federal, state, and local law to perform the scope of work described in this solicitation.

o For construction projects, bidder must maintain all professional and trade licenses as required by Texas law.

• Insurance and Bonding (if applicable) o Bidder must be able to provide insurance coverage meeting the requirements outlined in Section 5 (Terms and Conditions).

o For construction projects, the successful bidder must provide Bid Bond, Payment Bond, and Performance Bond in accordance with Texas Government Code Chapter 2253.

https://www.txdot.gov/business/road-bridge-maintenance/contract-letting/contractor-prequalification.html https://www.txdot.gov/business/road-bridge-maintenance/contract-letting/contractor-prequalification.html

2.3 Performance Requirements

The successful bidder must comply with the following performance requirements, as applicable to the project:

• Timely delivery of goods or completion of services/construction within the project schedule.

• Compliance with all applicable federal, state, and local codes, standards, and regulations.

• Proper installation, testing, commissioning, and operational performance of all traffic signals, intelligent transportation system (ITS), communications, and related project components in accordance with this IFB. Correction of any non-conforming or deficient work at the Contractor’s expense.

• Quality assurance and warranty provisions as specified.

• Coordination with City staff and other contractors as necessary.

• Compliance with all applicable safety requirements, including OSHA, MUTCD, and City safety standards.

2.4 Reference to Technical Documents

The following technical documents are incorporated by reference and provided as separate files in the City’s Bonfire procurement portal at https://brownsvilletx.bonfirehub.com. Bidders are responsible for reviewing these documents in their entirety prior to submission. Failure to acknowledge or comply with the requirements set forth in these documents may result in disqualification.

• Technical Specifications (Included in the Solicitation)

• COB Specifications (attached on Bonfire)

• Plans

• City of Brownsville Specifications

• Exhibit C – TxDOT Standard Specifications and Special Provisions (Included in Solicitation)

• Exhibit D – INSTRUCTIONS - TxDOT Confidential Bidder Questionnaire (Included in Solicitation)

• Exhibit E – Sample of Confirmation that vendor is pre-qualified through TxDOT (Included in

Solicitation)

3 Bid Submission Requirements

3.1 City Required Forms

All City-required forms that need to be completed will be found on Bonfire as a separate attachment from the solicitation package. It is the vendor's responsibility to obtain and submit these required forms with their response package.

Once submitted, bids become the property of the City. Invitation for Bids must be signed by a duly authorized official of the Firm’s/Contractor's organization.

• Telegraphic bids will not be considered.

• Bids may not be withdrawn after the bid opening.

• The City of Brownsville reserves the right to reject any and all bids.

• At the sole discretion of the City, events listed are subject to scheduling changes and cancellation. The

City will make public any changes to the stated schedule.

In addition to the narrative requested in the IFB, the following documents are to be completed and returned with the Respondent’s response package:

• Form 1 – Proposal Acknowledgment & Authorized Contact Info

• Form 2 - Statement Of Conflicts Of Interest

• Form 3 - Texas Ethics Commission Certificate of Interested Parties (Form 1295)

• Form 4 – Respondent’s Statement of Organization

• Form 5 – Non-Collusion Affidavit

• Form 6 – Litigation Disclosure

• Form 7 – Disclosure of Interest

• Form 8 - References

• Form 9 – Proposed Deviations

• Form 10 - Bid Price Form

• Form 11 – SAM Record Search

• Form 12 – State of Texas Child Support Business Ownership Form

• Form 13 – City of Brownsville Federal Clauses Certification Form

• Addenda Acknowledgement Form - This form will be issued out by the City when an addendum is issued out.

3.2 Vendor Produced Forms

In addition to the City forms, vendors are responsible for providing certain documents that are not prepared or issued by the City. These must be completed by the vendor and uploaded in Bonfire with the bid response.

• Certificate of Insurance

• Bid Bond (construction projects, 5% of bid)

• Payment and Performance Bond Capacity Letter (construction projects)

• Financial Statements or Proof of Financial Capacity (if requested)

• Technical Data Sheets, or Service Descriptions (if requested in Scope of Work)

3.3 Confidentiality / Texas Public Information Act

All documents submitted in response to this solicitation are subject to the Texas Public Information Act (Texas Government Code Chapter 552). Vendors must clearly mark any portion of their submission that they consider confidential, proprietary, or trade secret.

The City will make reasonable efforts to protect such information but makes no guarantee that it will be exempt from disclosure. Final determinations are made by the Texas Attorney General or a court of competent jurisdiction.

4 Evaluation and Award

4.1 Evaluation Process Overview

All bids will be reviewed by the City for responsiveness, responsibility, and price. The City of Brownsville reserves the right to reject any bid that fails to meet the requirements of this IFB.

The evaluation will proceed in the following steps:

• Compliance Review (Responsiveness): Verify that all required forms, documents, and addenda acknowledgements were submitted correctly through the City’s bidding platform.

• Responsibility Review: Confirm that the bidder has the capacity to perform, including licenses, insurance, financial standing, references, and bonding capacity (if applicable).

• Price Review: Among responsive and responsible bidders, award will be made to the lowest bidder based on total evaluated price.

4.2 Responsiveness (Pass/Fail)

A bid may be deemed non-responsive and disqualified if it fails to:

• Submit all required City forms (see Section 3.1).

• Submit all required vendor-produced documents (see Section 3.2).

• Meet submission deadlines and procedures as outlined in Section 1.8.

• Acknowledge all issued addenda.

4.3 Responsibility (Pass/Fail)

A bidder may be deemed non-responsible if they:

• Lack the financial stability, bonding capacity, or insurance coverage required.

• Have failed to perform satisfactorily on previous City contracts.

• Are debarred, suspended, or otherwise ineligible to contract with government entities.

• Cannot provide valid references demonstrating capability to perform the scope of work.

4.4 Pricing (Lowest Bidder)

Award will be made to the lowest responsive and responsible bidder in accordance with Texas Local Government Code Chapter 252 and other applicable laws and regulations.

Evaluation of price may include:

• Lump Sum Contracts: The total bid amount for the entire project.

• Unit Price Contracts: The extended totals for estimated quantities multiplied by unit prices.

• Alternate or Deductive Items (if requested): The City may consider alternates or deductive items in determining the lowest bid, as specified in the bid documents.

• Federal or State Funding Requirements: When federal or state funds are involved, award shall be made in compliance with all applicable statutes, regulations, and funding agency guidelines (e.g., Davis-Bacon Act, Buy America/Buy American provisions, Uniform Guidance under 2 CFR Part 200).

4.5 Basis of Award

The City may award a contract on an “all-or-nothing” basis, by line item, or by groupings of items, as stated in the solicitation. In the event of a tie bid, the City will follow the procedures outlined in Texas Local Government Code §271.901 and applicable federal or state requirements.

4.6 Single Bid

In the event a single bid is received, the City may, at its option, conduct a price analysis and negotiate the award, or reject the bid and re-advertise.

5 Terms and Conditions

5.1 Standard Terms and Conditions Reference (Exhibit A)

The City of Brownsville’s Standard Purchasing Terms and Conditions (Exhibit A) are incorporated herein by reference and shall govern all resulting contracts unless expressly modified by this solicitation. By submitting a bid, the bidder acknowledges receipt and acceptance of Exhibit A.

5.2 Bid Pricing Period

All bid prices shall remain firm and irrevocable for ninety (90) calendar days from the date of the bid opening, unless otherwise stated in this IFB or extended by mutual written agreement.

5.3 Withdrawal of Bid

Bids may not be withdrawn or cancelled by the Bidder after the submission deadline. By submitting a bid, the Bidder acknowledges and agrees that its bid shall remain valid and enforceable for the full Bid Pricing Period identified in Section 5.2

5.4 Bid Price Revisions (If Applicable)

Bid prices shall remain firm for the entire term of the awarded contract. Revisions to unit prices during the contract period may only occur if such revisions are the result of documented price increases in the Gulf Coast area. Any request for revision must:

• Be submitted in writing to the City before the revised prices go into effect; and

• Include detailed documentation supporting the revision.

Such revisions must also be supported by continuing written notices for each thirty (30) day period that the revised prices remain in effect.

Discounts, delivery, and services accepted as part of this bid are not subject to revision.

5.5 Availability of Funds / Non-Appropriation

This procurement is subject to the availability of funding. The City’s obligation hereunder is contingent upon the availability of appropriated funds from which payment for the Contract purposes can be made. No legal liability on the part of the City for any payment shall arise until funds are made available to the Contracting Officer for this Contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer. Any award of Contract hereunder will be conditioned upon said availability of funds for the Contract. In the event sufficient appropriation, grants, and monies are not made available to City to pay these services for any fiscal year, this Agreement shall terminate without further obligation of City. In such event, the City Manager of City shall certify to contractor that sufficient funds have not been made available to City to meet the obligations of this Agreement; such certification shall be conclusive upon parties.

5.6 Termination by the City

The City may terminate the contract, in whole or in part, for convenience or cause by providing thirty (30) days’ written notice to the Contractor. If terminated for cause due to the Contractor’s default, the City may pursue all remedies available under law or equity, including procurement of substitute services at the Contractor’s expense.

5.7 Indemnification

BIDDER covenants and agrees to FULLY INDEMNIFY, DEFEND and HOLD HARMLESS, the CITY and the elected officials, employees, officers, directors, volunteers and representatives of the CITY, individually and 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 or bodily injury, death and property damage, made upon the CITY directly or indirectly arising out of, resulting from or related to BIDDER’S activities under this contract, including any acts or omissions of BIDDER, any agent, officer, director, representative, employee, consultant or subcontractor of BIDDER, and their respective officers, agents employees, directors and representatives while in the exercise of the rights or performance of the duties under this contract. The indemnity provided for in this paragraph shall not apply to any liability resulting from the negligence of CITY, its officers or employees, in instances where such negligence causes personal injury, death, or property damage. IN THE EVENT BIDDER AND CITY

ARE FOUND JOINTLY LIABLE BY A COURT OF COMPETENT JURISDICTION, LIABILITY SHALL

BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS FOR THE STATE OF

TEXAS, 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 INDEMNITY 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. BIDDER shall advise the CITY in writing within 24 hours of any claim or demand against the CITY or BIDDER known to BIDDER related to or arising out of BIDDER's activities under this contract, and shall see to the investigation and defense of such claim or demand at BIDDER's cost. The CITY shall have the right, at its option and at its own expense, to participate in such defense without relieving BIDDER of any of its obligations under this paragraph.

5.8 Insurance Requirements

The Contractor shall, at its own expense, maintain insurance coverage meeting or exceeding the following requirements for the duration of the contract:

• Workers’ Compensation: Statutory, with Employer’s Liability limits of not less than $500,000 each accident/disease. If Contractor is not legally required to carry Workers’ Compensation, Contractor shall provide alternative coverage acceptable to the City.

• Commercial General Liability (CGL): $1,000,000 per occurrence / $2,000,000 aggregate, including premises, operations, independent contractors, products/completed operations, personal injury, and contractual liability coverage.

• Automobile Liability: $1,000,000 combined single limit, covering all owned, hired, and non-owned vehicles.

• Umbrella/Excess Liability: $1,000,000 per occurrence and aggregate.

• Additional Coverages (as applicable): Professional Liability/Errors & Omissions ($1,000,000 minimum); Cyber Liability ($1,000,000 minimum).

Required Endorsements:

• The City of Brownsville shall be named as Additional Insured on the CGL and Auto policies.

• Policies shall include a Waiver of Subrogation in favor of the City.

• Coverage shall be primary and non-contributory to any insurance carried by the City.

Certificates of Insurance:

Contractor shall provide valid certificates of insurance prior to contract execution and upon renewal. Each certificate must state that coverage shall not be canceled, materially changed, or non-renewed without thirty

(30) days’ prior written notice to the City.

5.9 Protest Procedures

The City of Brownsville maintains a formal protest procedure in accordance with its Procurement Policy.

Prior to Bid/Proposal Due Date:

• If a prospective bidder/proposer becomes aware of a deficiency in the solicitation or solicitation process before the due date, the bidder/proposer must notify the City Attorney’s Office in writing no later than five (5) calendar days before the due date. This allows the City to address the situation prior to the closing date.

After Bid/Proposal Due Date:

• A bidder/proposer may protest the solicitation process or recommended award by:

1. Filing a written notice of intent to protest within five (5) calendar days of the date the bidder/proposer knew or should have known of the facts giving rise to the protest. Failure to file this notice waives the right to protest.

2. Filing a formal written protest within seven (7) calendar days after the notice of intent is filed.

The protest must include:

• Name, address, telephone, and email of the protestor;

• The solicitation number;

• A detailed statement of the factual grounds for the protest with supporting documents;

• Signature of the protestor or authorized representative;

https://www.brownsvilletx.gov/DocumentCenter/View/13693/Procurement-Policy-Signed-by-CM-2

• The form of relief requested; and

• A concise and logical presentation of facts.

Review and Hearing:

• Upon receipt of a timely protest, the City Attorney will determine whether the grounds are sufficient.

• If sufficient, the Procurement Office will schedule an informal hearing (not subject to the Open Meetings Act) usually within five (5) working days.

• A written decision will typically be issued within fifteen (15) calendar days after the hearing.

Exceptions; Restrictions:

• The City will generally not make an award until a protest is resolved.

• However, the City Manager may authorize award without delay if:

o The City urgently requires the goods or services, or o Failure to award promptly will unduly delay delivery or performance.

Federal Agency Review:

• Protestors must exhaust all administrative remedies with the City before appealing to a federal agency.

• Federal review is limited to:

o Violations of federal law/regulations, or o Violations of the City’s Protest Procedures for failure to review a complaint.

• Any protest sent to a federal agency outside these grounds will be referred back to the City.

5.10 Restrictions on Lobbying & Political Contributions

A vendor/contractor or their agent is prohibited from lobbying activities with City officials, including elected officials, and employees regarding a proposed contract from the time a solicitation (RFP, RFQ, IFB, or other procurement) has been released until the contract is posted as a City Commission agenda item. If contact is required, such contact shall be made only in accordance with the procedures set forth in Section 1.5 (Authorized Contact) of this IFB. Violation of this provision by respondents or their agents, including lobbyists, may result in disqualification of the respondent’s offer. A parallel no-contact provision applies to lobbyists and their agents.

Further, the following restrictions apply to all vendors, contractors, and their agents/representatives:

1. No Personal Obligation A lobbyist or a vendor/contractor, or any of their agents, may not do any act or refrain from any act for the purpose of placing any City official under personal obligation to them.

2. False Statements No lobbyist, vendor/contractor, or their agents/representatives may knowingly make any false or misleading statement of fact to a City official, or provide a document with false information without notifying the official in writing of the truth. If a registrant learns that a statement made in a registration form or activity report within the previous three (3) years was false, they must correct that statement within thirty (30) days by written notification to the City Secretary.

3. Use of False Identification No lobbyist, vendor/contractor, or their agents/representatives may communicate with a City official using the name of any fictitious person or the name of a real person without that person’s consent.

4. Improper Influence No lobbyist, vendor/contractor, or their agents/representatives may cause or influence the introduction of any ordinance, resolution, appeal, application, petition, nomination, or amendment for the purpose of later being employed to secure its granting, denial, confirmation, rejection, passage, or defeat.

Additionally, in accordance with City Code Sec. 40-7, contractors are prohibited from making political contributions to City officials or candidates during the contract award period. It shall be unlawful for any contractor to contribute or offer any contribution to a candidate, or for any candidate to solicit or accept any contribution from a contractor during a contract award period.

• City Code Sec. 40-7: In the event that a candidate unknowingly accepts a contribution in contravention of this provision, it shall be the duty of the candidate to return the contribution within ten days after he/she becomes aware of the violation.

Each request for proposal or other document, notice, or advertisement for a contract shall contain a notice regarding this section in a form approved by the city attorney. Each contractor shall be required to submit with any proposal or other submission for the award of any contract a complete list of the persons included in the term "contractor" as defined in this chapter in a form prescribed by the city attorney. It shall be the duty of each city department director to immediately forward each contractor list received to the city secretary, who shall compile and maintain a log of persons who are required to be reported. In addition, the city secretary shall compile, maintain, and post online, by the 14th day after a city commission meeting, a list of contracts awarded at such commission meeting by city commission, including on such list, the date of the initial posting of the request for commission action relative to each specific contract, the name of the contractor, a short description of the contract and the date occurring 180 days after the award of the contract or the determination by city commission or the mayor that the contract would not be awarded to a contractor.

As used in this section, the term contractor shall not include a subcontractor.

5.11 Conflict of Interest Disclosures

In compliance with Chapter 176 of the Texas Local Government Code, any vendor or person seeking to contract with the City of Brownsville must file a completed Conflict of Interest Questionnaire (Form CIQ) with the Office of the City Secretary.

The questionnaire must be filed no later than seven (7) days after the earlier of the following:

1. The vendor begins contract discussions or negotiations with the City; or

2. The vendor submits an application, bid, proposal, correspondence, or other writing related to a potential agreement with the City.

The questionnaire requires disclosure of certain business or employment relationships with City Commissioners, the Mayor, and the City Manager. The Texas Ethics Commission (TEC) is responsible for drafting the questionnaire, and the most current form is available on the TEC website, with a link posted on the City’s ethics webpage.

Failure to comply with Chapter 176 is a violation of Texas law and may result in a Class C misdemeanor.

Vendors are encouraged to consult their own legal counsel regarding compliance with this statute.

5.12 State and Federal Certifications

The Contractor certifies the following:

• Texas Family Code Compliance: As per Section 14.52 of the Texas Family Code, added by S.B. 84, Acts, 73rd Legislature, R.S. (1993), all bidders must complete and submit with the bid the following affidavit: I, the undersigned vendor, do hereby acknowledge that NO sole proprietor, partner, majority shareholder of a corporation, or an owner of 10% or more of another business entity is 30 days or more delinquent in paying child support under a court order or a written repayment agreement. I understand that under this provision, a sole proprietorship, partnership, corporation or other entity in which a sole proprietor, partner, majority shareholder or a corporation, or an owner of 10% or more of another entity is 30 days or more delinquent in paying child support under a court order or a written repayment agreement is NOT eligible to bid or receive a state contract.

• HB 89 & HB 793 Certifications: Vendor certifies that is in compliance with all applicable provisions of the House Bill 89. Purchases made in accordance under the provisions of Subtitle F, Title 10, Government Code Chapter 2270 must comply with the following: 1. Does not boycott Israel currently;

and 2. Will not boycott Israel during the term of the contract the above-named Company, business or individual with the City of Brownsville.

Pursuant to Section 2270.002 of the Texas Government Code, Respondent certifies that either (i) it meets an exemption criterion under Section 2270.002; or (ii) it does not boycott Israel and will not boycott Israel during the term of the contract resulting from this solicitation. Respondent shall state any facts that make it exempt from the boycott certification in its Response..

• Debarment and Suspension: For contracts funded in whole or in part with federal funds, the Contractor certifies that it is not debarred, suspended, or otherwise excluded from participation in federal assistance programs under 2 CFR Part 180. Contractor must maintain an active registration in the System for Award Management (SAM.gov) throughout the term of the contract. Proof of current SAM registration may be required at the time of contract execution.

5.13 Public Information Act & Confidentiality

All materials submitted to the City of Brownsville pursuant to this Invitation for Bid/Request for Proposals/Statement of Qualifications become subject to the mandates of the Texas Open Records Act, Government Code, Chapter 552, Subchapter A, §§552.009; Subchapter D, §§552.205; and Subchapter F, §§552.261 through 552.274.

The purpose of this Act is to ensure and facilitate the public's right of access to and review of government records so they may efficiently and intelligently exercise their inherent political power. Almost all "records," as that term is defined in the Act, may be disclosed to the public upon request. Except where specific state or federal statues create a confidential privilege, persons who submit information to public bodies have no right to keep this information from public access or reasonable expectation that this information will be kept from public access.

If you believe that any of the information you have submitted to the City pursuant to this Invitation for Bids is confidential under a specific state or federal statute and therefore not subject to the public access, you must comply with the following:

A. Upload said documents/records to Bonfire marked "Confidential" DO NOT label your entire response to the Invitation for Bid as "Confidential" – label only those portions of the response that you feel are made confidential by state or federal law as "Confidential." If only a portion of a document is confidential, please identify specifically the portions of the document you are claiming are confidential. Under the State of Texas Open Records Act, the City is obligated to produce documents for public inspection even if the documents contain a portion which is confidential, but can redact the confidential parts.

B. For each such document for which you are claiming a confidential privilege, identify the federal and/or state law that creates said privilege, e.g., for trade secrets. Should an Open Records request be presented to the City requesting information you have identified as "Confidential," you will be responsible for defending your position in the Court where the proceeding is filed, if needed.

If you fail to identify any records submitted as part of your Proposal as "Confidential" by placing them in the "Confidential" envelope AND you fail to identify the specific state or federal law creating said privilege, you are irrefutably agreeing that said records are not confidential and are subject to public access.

5.14 Governing Law & Venue

This contract shall be governed by and construed in accordance with the laws of the State of Texas. Venue for any legal action shall lie exclusively in Cameron County, Texas.

5.15 Independent Contractor Status

The Contractor is an independent contractor and not an employee, agent, or representative of the City. Nothing in this contract shall create an employment relationship, joint venture, or partnership.

5.16 Reservation of Rights

The City reserves the right to reject any or all bids, to waive informalities or irregularities, to cancel the solicitation, and to accept the bid deemed most advantageous to the City.

5.17 Drug-Free Workplace

The Contractor shall maintain a workplace free of unlawful manufacture, distribution, dispensation, possession, or use of controlled substances during the performance of any City contract. The Contractor shall inform its employees in writing of its drug-free workplace policy and the consequences of any violation occurring in the workplace. If the Contractor receives notice of any employee conviction under a criminal drug statute for a violation occurring in the workplace while performing under this contract, the Contractor shall notify the City’s Procurement Department within five (5) business days. When this contract is funded in whole or in part with federal funds, the Contractor shall comply with all requirements of the Drug-Free Workplace Act of 1988 (41 U.S.C. §8101 et seq.) and applicable implementing regulations. Failure to comply with this provision shall be considered a material breach of contract and may result in termination, suspension, or debarment from future City contracting opportunities.

5.18 Construction Only Terms and Conditions (If Applicable)

The following provisions apply only when the scope of this IFB involves construction, construction-rehabilitation, or other public works projects subject to Texas Local Government Code Chapter 252 and Texas Government Code Chapter 2253. These clauses do not apply to non-construction procurements.

5.18.1 Bid Bond (Construction Only)

Each bid must be accompanied by an original Bid Bond issued by a corporate surety company licensed to do business in the State of Texas and acceptable to the City of Brownsville. The bond shall be in an amount not less than five percent (5%) of the greatest total amount of the bid proposal and shall serve as a guarantee that, if awarded the contract, the successful bidder will promptly execute the contract and furnish required payment and performance bonds.

All bid bonds must be issued by a surety company that:

• Is authorized to do business in the State of Texas, and

• Appears on the U.S. Department of the Treasury’s Listing of Approved Sureties (Circular 570).

Electronic bid bonds submitted through the City’s Bonfire portal will be accepted if issued by an approved surety provider.

Cash, certified checks, or cashier’s checks will not be accepted as bid security.

5.18.2 Payment and Performance Bond Requirements (Construction Only) (Exhibit B)

Sec. 252.044. CONTRACTOR'S BOND. (a) If the contract is for the construction of public works, the bidder to whom the contract is awarded must execute a good and sufficient bond. The bond must be:

1. In the full amount of the contract price;

2. Conditioned that the contractor will faithfully perform the contract; and

3. Executed, in accordance with Chapter 2253 (Exhibit B), Government Code, by a surety company authorized to do business in the state.

4. Repealed by Acts 1993, 73rd Leg., ch. 865, Sec. 2, eff. Sept. 1, 1993.

5. The governing body of a home-rule municipality by ordinance may adopt the provisions of this section and Chapter 2253, Government Code, relating to contractors' surety bonds, regardless of a conflicting provision in the municipality's charter.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1993, 73rd Leg., ch. 865, Sec. 2, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(17), eff. Sept. 1, 1995.

A Payment & Performance Bond (Only applies to Construction/Construction-Rehabilitation), in an amount of not less than one hundred percent (100%) of the Contract Price, conditioned upon the faithful performance of the Contract; a Payment Bond, as required by Chapter §2253 of the Texas Government Code, guaranteeing the payment of all persons supplying labor and furnishing materials; and an Extended Warranty Bond, either by separate instrument or incorporated in the foregoing bonds, will be required. Payment and performance bonds provided to the City of Brownsville for these purposes are required to conform with Article 7.19-1 of the Texas Insurance Code. To that end, all bonds provided (i) must be executed by a surety company holding a certificate of authority from the United States secretary of the treasury to qualify on obligations permitted or required under federal law–or- (ii) must be provided by a surety company that is covered by reinsurance for any liability in excess of $100,000.00 from a reinsurer authorized and admitted as a reinsurer in Texas holding a certificate of authority from the United States secretary of the treasury to qualify on obligations permitted or required under federal law.