1-Concrete Receptacle Solicitation.pdf

METROPOLITAN TRANSIT AUTHORITY OF HARRIS COUNTY, TX (METRO)

INVITATION FOR BIDS (IFB)

FOR

CONCRETE RECEPTACLES

METRO IFB NO. Doc1994530832

Bidder’s signature on Invitation for Bids (Section II – Forms for Bidding/Award) constitutes acceptance of a contract that may result from this solicitation. Contract award/execution may be made by METRO without discussion.

METRO FUNDING _____ %

METRO FUNDING 100% SMALL BUSINESS GOAL N/A%

IMPORTANT – Notice to Bidder

Submit all responses to and questions regarding this solicitation electronically through METRO’s EUNA (Bonfire) at https://www.ridemetro.org/procurement

AND one (1) hardcopy of the bid to the address below.

There is no cost to Contractors to register to submit bids on METRO’S EUNA (Bonfire)

Metropolitan Transit Authority of Harris County, TX Upper Left Corner of Envelope Must Indicate:

Procurement Division Proposer/Contractor Name and Address 1900 Main Street Lower Left Corner of Envelope Must Indicate:

Houston, Texas 77002 Solicitation Number Due Date Due Time Solicitation Title

The EUNA (Bonfire) submission shall take precedence over any discrepancies between the hard copy and the EUNA (Bonfire) submission. Both the electronic via EUNA (Bonfire) and hardcopy submittal MUST be received by the deadline specified in the solicitation. A submittal MAY be deemed non-responsive if both the electronic and hardcopy are not received by the deadline specified in this solicitation.

https://www.ridemetro.org/about/business-to-business#:%7E:text=Open%20external%20link)-,Open%20Procurements,-METRO%20is%20committed

IFB No. Doc1994530832 Contract No. __________ ii

TABLE OF CONTENTS

SECTION I - BIDDING REQUIREMENTS AND INSTRUCTIONS ............................................................................................................ iv 1 INVITATION FOR BIDS SUMMARY ........................................................................................................................................... iv 2 INSTRUCTIONS TO BIDDERS ................................................................................................................................................... v 3 SMALL BUSINESS AND DISADVANTAGED BUSINESS ENTERPRISE PROGRAMS ............................................................ xi 4 BID FORMS SUBMISSION CHECKLIST ................................................................................................................................... xv 5 BIDDER'S QUESTIONNAIRE ....................................................................................................................................................xvi

SECTION II - FORMS FOR BIDDING/AWARD

1 SOLICITATION, BID AND AWARD FORM

2 OFFER/ACCEPTANCE/AWARD SIGNATURE PAGE

3 BID/CONTRACT AMOUNT, ITEMS AND PRICES

4 KEY PERSONNEL FORM

SECTION III - DELIVERIES OR PERFORMANCE ARTICLES

1 DEFINITIONS

2 PERIOD OF PERFORMANCE

3 SERVICES TO BE PERFORMED

4 TEXAS ETHICS COMMISSION (TEC) ELECTRONIC FILING

SECTION IV - INSPECTION AND ACCEPTANCE ARTICLES

1 INSPECTION OF SERVICES

SECTION V - CONTRACT ADMINISTRATION DATA ARTICLES

1 COMPENSATION

2 INVOICING AND PAYMENT

3 ADMINISTRATIVE CONTROL OF CORRESPONDENCE

4 CONTRACTOR REPRESENTATIVE

5 NOTICES

SECTION VI - INSURANCE ARTICLES

1 CONTRACTOR'S INSURANCE

2 INDEMNIFICATION AGREEMENT

SECTION VII - SMALL BUSINESS PROGRAM ARTICLES FOR CONTRACTS WITH SMALL BUSINESS GOALS

SECTION VIII - SPECIAL TERMS AND CONDITIONS ARTICLES

1 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR

2 COMMERCIAL WARRANTY

3 CONFIDENTIALITY AND NONDISCLOSURE

4 CONTRACTOR'S EMPLOYEES

5 HEALTH, SAFETY AND FIRST AID

6 INTER-LOCAL/COOPERATIVE PURCHASE

7 MOST FAVORED CUSTOMER

8 PUBLIC INFORMATION ACT

SECTION IX - GENERAL TERMS AND CONDITIONS ARTICLES

1 ACCESS REQUIREMENTS FOR INDIVIDUALS WITH DISABILITIES

2 ASSIGNMENT

3 CHANGES

4 COMPLIANCE WITH LAWS/PERMITS AND LICENSES

5 CONTRACT ORDER OF PRECEDENCE

6 CONTRACTOR'S KEY PERSONNEL

7 CONTRACTUAL RELATIONSHIPS

8 COVENANT AGAINST CONTINGENT FEES

9 DISPUTES

10 DISSEMINATION OF CONTRACT INFORMATION

11 EQUAL OPPORTUNITY FOR VEVRAA PROTECTED VETERANS3

12 ETHICAL CONDUCT

13 FORCE MAJEURE

14 INDEPENDENT CONTRACTOR

15 INTERPRETATION, JURISDICTION AND VENUE

16 LABOR REQUIREMENTS

17 PROTECTION OF METRO BUILDINGS, EQUIPMENT AND VEGETATION

18 RIGHTS AND REMEDIES

19 SEVERABILITY

20 SUBCONTRACTING

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21 SUPERINTENDENCE BY CONTRACTOR

22 TERMINATION FOR CONVENIENCE OF METRO

23 TERMINATION FOR DEFAULT

24 USE OF METRO'S NAME IN CONTRACTOR ADVERTISING OR PUBLIC RELATIONS

25 WAIVERS

26 ACCESS TO RECORDS

27 CONTRACTOR NON DISCRIMINATION

28 DEBARMENT AND SUSPENSION

29 METRO NON DISCRIMINATION

30 RESTRICTIONS ON LOBBYING

31 FIREARM ENTITY AND TRADE ASSOCIATION DISCRIMINATION CERTIFICATION AND PROHIBITION

32 ISRAEL BOYCOTT CERTIFICATION AND PROHIBITION

33 ENERGY COMPANY BOYCOTT CERTIFICATION AND PROHIBITION

34 COVID-19 VACCINE PASSPORT PROHIBITION

35 ENTIRE AGREEMENT

SECTION X - EXHIBITS

1 EXHIBIT A: SCOPE OF SERVICES

2 EXHIBIT B: CONTRACTOR'S RELEASE

3 EXHIBIT C: CERTIFICATION OF RESTRICTIONS ON LOBBYING

4 EXHIBIT D: DEBARMENT AND SUSPENSION FORM

5 EXHIBIT E: CODE OF ETHICS OF THE METROPOLITAN TRANSIT AUTHORITY

6 EXHIBIT F: SMALL BUSINESS FORMS

Form 1 CONTRACTOR UTILIZATION PLAN (CUP) iv

SECTION I - BIDDING REQUIREMENTS AND INSTRUCTIONS

1 INVITATION FOR BIDS SUMMARY

IFB NO.: Doc1994530832 IFB ISSUE DATE: Monday, February 09, 2026

PROJECT NAME: Concrete Receptacles

ISSUED BY: Metropolitan Transit Authority of Harris County (METRO) Website: https://www.ridemetro.org/procurement

All questions and bid responses to this solicitation must be submitted electronically through METRO’s EUNA (Bonfire) at https://www.ridemetro.org/procurement. Registration on METRO’s EUNA (Bonfire) is free. Additionally, submit one (1) Original hardcopy delivered in a sealed envelope to the METRO Procurement Office, 1900 Main Street, Houston, Texas 77002. Digital signatures accepted.

CONTRACT ADMINISTRATOR: Shonmique Knox Contract Administrator I Procurement Services

1900 Main Street, 8th Floor Houston, Texas 77002 Email: sk107@ridemetro.org Phone: (713) 652-7937

NOTE TO BIDDERS: BIDDERS ARE RESPONSIBLE FOR ALL INFORMATION IN THIS SOLICITATION, HOWEVER, PLEASE PAY

PARTICULAR ATTENTION TO INFORMATION SHADED IN GRAY.

BID SUBMISSION/RECEIPT: Sealed bids in original form for work or item(s) described herein will be submitted through METRO’s EUNA (Bonfire) hub at https://www.ridemetro.org/procurement and MUST be received by 2:00 p.m. Central Standard Time (CST) on Wednesday, March, 11, 2026. Additionally, ONE (1) ORIGINAL HARDCOPY: Deliver in a sealed envelope bearing the name and address of the Bidder and the identification ‘Invitation for Bids’ No. Doc1994530832 to the METRO Procurement Office, 1900 Main Street, Houston, Texas 77002.

Both the electronic via EUNA (Bonfire) and hardcopy submittal MUST be received by the deadline specified in the solicitation. A submittal MAY be deemed non-responsive if both the electronic and hardcopy are not received by the deadline specified in this solicitation. See additional submission requirements below in Article 2, ‘Instructions for Bidders.’

BID OPENING: Bids will be opened publicly and read aloud at 10 a.m. CST on Thursday, March 12, 2026. The opening will be recorded.

Bidders can watch the bid opening live at:

MS Teams Link: Join Microsoft Teams Meeting Dial-In Telephone No.: +1 281-925-7469 Conference ID: 329 621 822 #

A PRE-BID BRIEFING will be held at 10 a.m. CST on Tuesday, February 17, 2026. (See access information below.) In-person participation is not offered for this briefing.

MS Teams Link: https://teams.microsoft.com/meet/29935559645780?p=voIjjY0qPiCsY6Rgye Dial-In Telephone No.: +1 281-925-7469 Conference ID: 490 204 853#

The purpose of the conference is to explain the solicitation requirements and answer any questions prospective bidders may have regarding the solicitation. All questions pertaining to this solicitation shall be presented IN WRITING to the above METRO representative during or prior to the briefing. All interested firms are strongly encouraged to attend and have a copy of this IFB readily accessible during the briefing.

PERFORMANCE PERIOD: The period of performance under this Contract shall be for three (3) years, unless otherwise extended by METRO. (See Contract Article ‘Period of Performance’ in Section III).

INSURANCE: Each prospective bidder is cautioned to review the Insurance requirements of this solicitation. (See Contract ‘Insurance Articles’ in Section VI.)

LICENSING: When a special license or permit is required by federal, state or local law or ordinance, a bidder must be properly licensed prior to bidding and furnish evidence of such with the bid.

OBLIGATION: This Invitation for Bids does not obligate the Metropolitan Transit Authority to award a contract, or to pay any costs incurred in the preparation or submittal of any bid.

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REGISTRATION ON PROCUREMENT WEBSITE: All bidders/proposers MUST register on METRO's procurement website at Ridemetro.org/VendorRegistration to ensure that they receive the latest solicitations and updates via their registered e-mail address.

REPRODUCTION: All forms contained in this solicitation may be reproduced if more space is needed due to the number of subcontractors or suppliers to be submitted with the bid or for any other reason.

SMALL BUSINESS PARTICIPATION GOAL: METRO has adopted a Small Business Enterprise Program to encourage the participation of Small Business enterprises in contracting activities through race-gender neutral means. METRO sets Small Business Participation goals on its contracts. Small Business Participation goals can be satisfied by METRO-certified Small Businesses (SBE), federally-certified Disadvantaged Business Enterprises (DBE), or a combination of both. All references to Small Businesses in this document include Disadvantaged Business Enterprises. Copies of METRO’s Small Business and Disadvantaged Business Enterprise Programs can be obtained upon request.

The link to the METRO SBE directory is https://ridemetro.sbdbe.com/ The link to the Texas Unified Certification Program (TUCP) DBE directory is https://txdot.txdotcms.com/.

This solicitation has a N/A % Small Business Participation goal.

BIDDERS WHO FAIL TO COMMIT TO THE SMALL BUSINESS CONTRACT GOAL WILL BE DEEMED NONRESPONSIVE AND NO

FURTHER CONSIDERATION WILL BE GIVEN TO THEIR BID.

METRO ENCOURAGES SMALL BUSINESS PARTICIPATION EVEN IF NO SMALL BUSINESS CONTRACT GOAL HAS BEEN

ESTABLISHED.

METRO encourages Contractors to use financial institutions owned and controlled by socially and economically disadvantaged individuals.

A listing of such institutions may be found at https://www.fdic.gov/regulations/resources/minority/mdi.html

Veteran and Disability-Owned Business Enterprise Programs: METRO has also adopted a Veteran-Owned Business Enterprise (VOBE) Program and a Disability-Owned Business Enterprise (DOBE) Program and encourages the participation of veteran and disability owned firms. Copies of METRO’s VOBE and DOBE programs can be found at www.ridemetro.org.

TYPE OF AWARD: METRO anticipates awarding one or more firm fixed-price contract(s) as a result of this solicitation.

2 INSTRUCTIONS TO BIDDERS

A. APPROVAL OF CONTRACT

If required by the METRO Procurement Manual, award of a contract evolving from this solicitation shall be contingent upon the prior receipt of written approval from the METRO Board of Directors or the President and CEO Representative(s). No contractual agreement shall be binding on METRO until this approval has been obtained. It shall be the responsibility of firms responding to this solicitation to monitor Board award decisions. All persons and/or entities responding to this solicitation hereby acknowledge the contract award requirement enumerated in this Paragraph. Anticipated Board Items are posted on METRO’s web site at https://www.ridemetro.org/Pages/BoardMeetingsAndNotices.aspx

Public Notice of Solicitation Results The anticipated METRO Board meeting month for approval of a contract resulting from this solicitation will be forthcoming. It is the responsibility of the bidder to check METRO’s website for notices on the specific dates for METRO Board meetings. All bidders of this solicitation and METRO hereby agree that this provision shall serve as the minimum required action by the bidder toward exercising due diligence in obtaining the results of this solicitation. The requirement of approval by the METRO Board of Directors or the President and CEO Representative(s) for any particular solicitation is dependent upon several factors. However, all bidders shall be required to check the METRO web site regarding whether or not the solicitation associated with their bid requires approval by the METRO Board of Directors or the President and CEO Representative(s). All persons and/or entities responding to this solicitation hereby acknowledge the public notice of solicitation results enumerated in this Paragraph. METRO Board meeting notices are posted on METRO’s website at: https://www.ridemetro.org/Pages/BoardMeetingsAndNotices.aspx

B. PROCUREMENT SCHEDULE

METRO anticipates carrying out the procurement process in accordance with the schedule set forth in the table below. All times are in the central time zone, times unless otherwise indicated. The schedule is subject to modification at the sole discretion of METRO. Proposers will be notified of any change to the schedule by an amendment to this IFB.

https://www.ridemetro.org/about/business-to-business#:%7E:text=Procurement%20Vendor%20Login https://ridemetro.sbdbe.com/ https://txdot.txdotcms.com/ https://www.fdic.gov/regulations/resources/minority/mdi.html http://www.ridemetro.org/ vi

PROCUREMENT SCHEDULE

Procurement Activity Date Time - Central

Standard

IFB issued 2/9/2026 2:00PM Pre-Bid Meeting 2/17/2026 10:00AM Deadline for bidders to submit questions via METRO’s

EUNA (BONFIRE)

2/23/2026

5:00PM

METRO’s deadline to respond to questions via METRO’s

EUNA (BONFIRE)

2/25/2026

5:00PM

Bid Due Date 3/11/2026 2:00PM Contract Execution (estimated) 5/1/2026 Start Date for Work under Contract (estimated) 5/4/2026

C. AWARD OF CONTRACT

1. Award of a contract, if awarded, will be made to the responsive and responsible bidder offering the lowest bid price and whose bid conforms to the solicitation documents. The lowest price bidder is not guaranteed that it will receive the METRO contract award.

2. A written Notice of Award will be issued to the successful bidder upon being selected for award of a contract and execution of any resultant contract.

3. The successful bidder must provide a current Workers' Compensation Insurance Certificate prior to being awarded the contract.

4. METRO reserves the right to reject any and all bids, to waive any informalities in bids received and the right to reject all nonconforming, unbalanced, non-responsive or conditional bids. Discrepancies between words and figures will be resolved in favor of words.

D. BID EVALUATION

1. Bids will be evaluated on the basis of the three (3)-year total extended bid amount for all items as identified on the Bid/Contract Amount Items and Prices.

2. Bidders must bid on all items to be considered for award. Bids submitted for quantities less than specified for each item. will be rejected as non-responsive.

3. A split award will not be made. Bidders must bid on all items and award will be made based on the total aggregate price.

4. Bids containing apparent clerical mistakes such as discrepancy between unit bid price and the price extension or the sum of the extended amounts and the total bid price, or other apparent clerical mistakes, will be resolved by the Contract Administrator in accordance with the ‘Errors in Bids’ procedures contained in METRO's Procurement Manual in Chapter 4.

5. In the event of tie bids, the successful bidder will be determined by drawing of lots at an open meeting with the tie bidders invited to attend.

E. BIDDER QUALIFICATIONS/ELIGIBILITY FOR AWARD

1. In order for a bidder to be eligible to be awarded the contract, the bid must be responsive to the Invitation, show the bidder’s technical competency, and METRO must be able to determine that the bidder is responsible to perform the contract satisfactorily.

2. A responsive bid complies with all material aspects of the solicitation. Bids that do not comply with all the terms and conditions of the solicitation will be rejected as non-responsive.

3. Responsible bidders as a minimum must:

a. Have financial resources adequate to perform the contract, or ability to obtain such resources as required during the performance of the contract;

vii

b. Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing business commitments;

c. Have a satisfactory record of current and/or past performance in behalf of METRO and/or other owners, including the areas of scheduling, submittals; record keeping, reporting, qualified supervision, skilled workforce, safety, quality of equipment, materials and workmanship, timely performance, warranties and guarantees;

d. Have the necessary technical equipment, material and capability, including qualified supervision and skilled workforce, adequate to perform the contract, or the ability to obtain such resources as are required during the course of the contract;

e. Have a satisfactory record of business integrity and ethics;

f. If applicable, have a satisfactory record as a Contractor of achieving Small Business Participation goals in past METRO projects, as well as providing evidence satisfactory to METRO that the bidder will comply with Small Business Program requirements and any Small Business Participation goal contained herein;

g. Certify that it is not on the U.S. General Services Administration's ‘Lists of Parties Excluded from Federal Procurement or Non-procurement Programs.’ Signing and submitting the bid is so certifying;

h. Be qualified as an established firm regularly engaged in the type of business to provide the items/work required by this solicitation; and

i. Be otherwise qualified and eligible to receive an award under applicable laws and regulations.

4. A bidder may be requested to submit written evidence verifying that it meets the minimum criteria necessary to be determined a responsible bidder. Refusal to provide requested information will result in the bidder being declared non-responsive, and the bid will be rejected.

5. Bids deviating or taking exception to the solicitation requirements will not be considered.

F. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION - LOWER TIER

COVERED TRANSACTION

1. The bidder certifies, by submission of the bid, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency.

2. Where the bidder is unable to certify to any of the statements in this certification, the bidder shall attach an explanation to the bid it submits to METRO.

G. CONFLICTS DISCLOSURE

Vendors doing business with METRO or seeking to do business with METRO are required to file a completed questionnaire (FORM CIQ) disclosing the vendor’s affiliations or business relationship with any Board Member, local government officer (or his or her family member). Form CIQ is available on METRO’s website at https://www.ridemetro.org/Pages/ConflictsDisclosure.aspx.

H. CONTRACT INSURANCE

The bidder whose bid is accepted shall, within the time established in the Invitation for Bids, enter into a written contract with METRO and, if required, furnish Certificates of Insurance in the amounts indicated in the contract.

I. COVENANT AGAINST CONTINGENT FEES

By submitting this bid, the bidder certifies that he has not employed any company or person (other than a full-time, bona fide employee working solely for the bidder) to solicit or secure this contract, and has not paid or agreed to pay any company or person (other than a full-time, bona fide employee working solely for the bidder) any fee, commission, percentage, or brokerage fee contingent upon or resulting from the award of this contract; and agrees to furnish information relating to the above, as requested by the Contracting Officer.

J. DISCOUNTS

1. No discounts will be considered in the evaluation of bids.

2. Discounts for early payment may be offered in the original bid or on individual invoices submitted under the resulting Contract, and discounts offered will be taken by METRO if payment is made within the discount period specified.

3. Discounts that are included in bids become a part of the resulting Contract and are binding on the Contractor. Discounts offered only on individual invoices will be binding on the Contractor only for the particular invoice on which the discount is https://www.ridemetro.org/Pages/ConflictsDisclosure.aspx viii offered.

K. DISQUALIFICATION

METRO reserves the right to disqualify a bid, before or after the bid opening, upon evidence of collusion with intent to defraud or other illegal practices on the part of a bidder.

L. EXAMINATION OF DOCUMENTS

1. A complete set of bid documents shall be used in preparing a bid. Bids will be accepted from only bidders who respond to this solicitation by the designated bid opening time. METRO assumes no responsibility for errors or misinterpretations resulting from the use of incomplete sets of documents.

2. METRO, in making copies of these documents available on the above terms, does so only for the purpose of obtaining bids on the work and does not convey a license or grant for any other use.

3. Each bidder should carefully examine these documents and take such other steps as may be reasonably necessary to ascertain the contract performance requirements. Failure to do so will not relieve bidders from responsibility for estimating properly the difficulty or cost of successfully performing the contract. Extra compensation will not be allowed for conditions which are determinable by examining these documents. METRO will assume no responsibility for any understanding or representations concerning conditions made by any of its officers or agents prior to the execution of the contract, unless included in these documents.

M. EXPLANATIONS/AMENDMENTS ISSUED TO BIDDERS

1. Any explanation desired by a bidder regarding the meaning or interpretation of the IFB or its scope of services must be requested in writing and received by METRO via the METRO EUNA (Bonfire) hub (https://www.ridemetro.org/procurement) no later than February 23, 2026. METRO’s response will be in the form of an amendment and will be furnished to all prospective bidders. METRO may also issue amendments when a solicitation is changed.

2. The bidder must acknowledge receipt of every amendment issued by METRO in the space provided on the Amendment form itself and submit a copy of all amendments with the bid or send a letter of amendment acknowledgement to be received by METRO before the time set for receipt of bids. Oral explanations or instructions given before the award of the contract will not be binding. METRO will assume no responsibility for any understanding or representations concerning conditions made by any of its officers or agents prior to the execution of the contract, unless included in these documents.

N. INDEPENDENT PRICE DETERMINATION

By submitting this bid, the bidder certifies that he has not colluded, conspired, connived, or agreed, directly or indirectly, with any bidder or person, to put in a sham bid or to refrain from bidding; and further, that he has not in any manner, directly or indirectly sought by agreement, collusion, communication or conference, with any person, to fix the bid amount herein or any other bidder, or to fix any overhead, profit, or cost element of said bid amount, or that of any other bidder, or to secure any advantage against METRO or any person interested in the proposed contract.

O. INSTRUCTIONS FOR CERTIFICATION

1. By signing and submitting a bid, the bidder is providing the certification set out in Paragraph E above.

2. The certification in this Instruction to Bidders is a material representation of fact upon which reliance will be placed by METRO to enter into a resultant contract. If it is later determined that the bidder/contractor knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, METRO may pursue available remedies, including suspension and/or debarment.

3. The bidder shall provide immediate written notice to METRO if at any time the bidder learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms ‘covered transaction,’ ‘debarred,’ ‘suspended’, ‘ineligible,’ ‘lower tier covered transaction,’ ‘participant,’ ‘person,’

‘primary covered transaction,’ ‘principal,’ ‘bid,’ and ‘voluntarily excluded,’ as used herein, have the meanings set out in the Definition and Coverage sections of rules implementing Executive Order 12549. The bidder may contact the designated METRO Contracts Administrator for assistance in obtaining a copy of this regulation.

5. The bidder agrees by submitting a bid that, should the resulting contract for the proposed covered transactions entered into, it shall not knowingly enter into any subcontract with a firm who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by METRO.

6. The bidder further agrees by submitting this bid that it will include the instruction titled ‘Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction,’ at Paragraph E, without modification, in all solicitations for lower tier covered transactions, expected to equal or exceed $25,000.00.

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P. LATE BIDS, MODIFICATION OR WITHDRAWAL OF BIDS

1. Any bid or modification of bid received at the METRO office designated in the Invitation for Bids after the exact time specified for receipt will not be considered. Late bids received will be retained unopened and filed with unsuccessful bids in the official contract file.

2. A bid may be withdrawn in person by a bidder or authorized representative, provided their identity is made known and they sign a receipt for the bid, but only if the withdrawal is made prior to the exact time set for opening of bids.

3. Modifications of bids already submitted will be considered if received at the office designated in the Invitation for Bids by the time set for opening of bids.

Q. METRO-FURNISHED PROPERTY

No material, equipment or facilities will be furnished by METRO unless otherwise stated in the solicitation.

R. POSTPONEMENT OF BID OPENING

Notwithstanding the time for opening of bids established in the Invitation for Bids, the bid opening may be postponed solely at METRO's discretion.

S. PREPARATION OF BID

1. A bid shall be submitted on the forms furnished, or copies thereof, shall be completed in ink or be typed and shall be manually signed. If erasures or other changes appear on the forms, each erasure or change shall be initialed by the person signing the bid.

2. The ‘Solicitation, Bid and Award’ form may provide for submittal of a price or prices for one or more items, which may be lump sum bids, alternative prices, scheduled items resulting in a bid on a unit price, lump sum or a combination thereof.

Where the Bid form explicitly requires that the bidder bid on all items, failure to do so will disqualify the bid. When submittal of a price on all items is not required, a bidder shall insert the words ‘no bid’ in the space provided for any item on which no price is submitted.

3. If a bid is from an individual, sole proprietorship, or a bidder operating under a trade name, the bid shall be signed by that individual.

4. A bid by a partnership shall be executed in the partnership name and signed by a partner; the official address of the partnership shall be shown where indicated on the ‘Solicitation, Bid and Award’ form.

5. A bid by a corporation shall be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the corporate secretary or assistant secretary.

6. A bid submitted by a joint venture shall list the names of all joint venturers and the mailing addresses of each and shall be executed by all joint venturers in the same manner as if they were individually submitting bids. The signature portion of the Bid Form shall be altered as appropriate for execution by the joint venture and all joint venturers.

7. All names shall be typed or printed below the signature.

8. The bid shall contain an acknowledgment of receipt of all amendments to the solicitation. Refer to Paragraph L above.

9. Communications regarding this solicitation are to be directed to the address and to the attention of the person shown in this

Invitation for Bids document.

10. Unless called for, alternative bids will not be considered.

11. In an effort to promote greater use of recycled and environmentally preferable products and minimize waste, all bids submitted should comply with the following:

a) All bids and copies should be printed on recycled paper with a minimum post-consumer content of thirty percent (30%) or on tree-free paper (i.e., paper made from raw materials other than trees, such as kenaf);

b) Unless absolutely necessary, all bids and copies should minimize or eliminate the use of non-recyclable or non-reusable materials, such as plastic report covers, plastic dividers, vinyl sleeves and bindings;

c) To further reduce the use of materials not essential to bids, METRO encourages Bidders to forgo the use of three-ringed binders or glued materials when assembling the originals and copies of the bid. Instead, METRO prefers and appreciates x the use of paper clips, binder clips, staples, rubber bands, and other materials containing recycled content, such as folders, paper clips, discs or thumb drives, envelopes, boxes, etc. METRO also appreciates receiving bids assembled in formats that allow for easy removal and recycling of paper and other materials; and

d) Unnecessary samples, attachments or documents not specifically asked for should not be submitted with a bid.

T. PROHIBITION ON LOBBYING

No bidder shall, directly or indirectly, engage in any conduct (other than the submission of the bid or other prescribed submissions and/or presentations before the Evaluation or Selection Committees) to influence any employee of METRO or any member of the Metropolitan Transit Authority Board of Directors or the President and CEO Representative(s) concerning the award of a contract as a result of this solicitation. Violation of this prohibition may result in disqualification of the bidder from further participation in the solicitation for the services or goods sought herein or from participation in future METRO solicitations or contracts. The communication blackout period shall commence from the issue of a solicitation through contract award. The Contract Administrator is the only METRO representative authorized to communicate with firms or their representatives during the blackout period.

U. PROTESTS

1. Each protest or objection to the solicitation documents shall be submitted for resolution to the Chief Procurement Officer.

Each such protest shall be in writing and shall be supported by the information set forth in Chapter 12 of METRO's Procurement Manual to enable the protest to be considered. A protest or objection will not be considered if it is insufficiently supported or it is not received within the time limits specified herein.

2. A protest based upon terms, conditions or form of a proposed procurement action prior to bid opening, shall be submitted so that it is received by the Chief Procurement Officer no later than five (5) calendar days prior to the specified bid opening date.

3. For a protest concerning an award decision, including bid evaluations, the initial protest must be received by the Chief

Procurement Officer not later than five (5) calendar days after the interested party knows, or through exercise of reasonable diligence should have known, whichever is earlier, of the grounds for the protest, following bid opening.

4. Each protest will be processed in accordance with METRO's Protest Procedures located in Chapter 12 of METRO's

Procurement Manual, and as displayed in the ‘Disputes’ Article in a resultant Contract. A copy of the procedures will be provided to the protester upon written request to METRO's Chief Procurement Officer.

5. A written final determination on any protest will be rendered by METRO's President & Chief Executive Officer and will be provided to the protester as soon as practicable.

6. The protester must exhaust its administrative remedies by pursuing METRO’s protest procedures to completion prior to appealing METRO’s decision to the FTA.

7. Federal Transit Administration (FTA) Circular 4220.1F, Paragraph 7L, addresses bid protests. A copy of this Paragraph will be provided to the protester upon written request to METRO. Review of a protest by FTA will be limited to a grantee's failure to have or follow its written protest procedures, its failure to review a complaint or protest, or violations of federal law or regulations. An appeal to FTA must be received by the cognizant FTA regional or Headquarters Office within five (5) working days of the date the protester learned or should have learned of an adverse decision by METRO or other basis of appeal to FTA. Violations of a specific federal law or regulation will be handled by the complaint process stated within that law or regulation. Alleged violations on other grounds are under the jurisdiction of the appropriate state or local administrative or judicial authorities.

V. PUBLIC OPENING OF BIDS

Bids will be publicly opened immediately following the time set for opening in the Invitation for Bids. The total bid price(s) will be read aloud for the information of bidders and others interested, who may be present.

W. RECEIPT OF SINGLE BID

If only one bid is received in response to the Invitation for Bids, a detailed cost breakdown will be required from the single bidder.

An evaluation will be performed of the cost breakdown in order to determine if the price is fair and reasonable.

X. SOLICITATION ORDER OF PRECEDENCE

Notwithstanding the Article of this solicitation entitled ‘Contract Order of Precedence,’ in the event of an inconsistency between provisions of this Solicitation prior to award, the inconsistency shall be resolved by giving precedence in the following order:

1. Solicitation Amendments (if any) with the latest having precedence;

2. Bid/Contract Amount, Items and Prices excluding any specifications or drawings;

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3. Instructions to Bidders including Invitation for Bids form;

4. Solicitation, Bid and Award form/Attachments;

5. Technical specifications/Scope of services;

6. Contract Articles;

7. Drawings; and

8. Any other full-text provision of this solicitation whether incorporated by reference or otherwise.

Y. SUBMISSION OF BIDS

A bid shall be submitted so as to be received no later than the exact time and at the place indicated in the Invitation for Bids and shall be enclosed in a sealed envelope clearly identified as a bid with the project title, Invitation for Bids number and bid opening date and time. The envelope shall identify the name and address of the bidder and shall contain all required documents. Failure to do so may result in a premature opening of, or a failure to open, such bid.

Z. TAXES

METRO is exempt from payment of Federal Excise and Transportation Tax and the Texas Limited Sales, Excise and Use Tax.

The Contractor’s invoice(s) shall not contain assessment for any of those taxes.

3 SMALL BUSINESS AND DISADVANTAGED BUSINESS ENTERPRISE PROGRAMS

A. The Metropolitan Transit Authority of Harris County, Texas (METRO) has implemented a Small Business Enterprise Program, hereinafter referred to as the Program, for small businesses attempting to provide goods and/or services as prime Contractors to METRO or as subcontractors to other prime Contractors to METRO. It is the policy of METRO to promote equal opportunity and non-discrimination in all of its procurement matters in accordance with state and federal law. The Program seeks to provide METRO-certified Small Businesses (SBE) and federally-certified Disadvantaged Businesses Enterprises (DBE) a full and fair opportunity to participate in METRO projects through race-gender neutral means. The Small Business Enterprise Program shall not be used to discriminate against any person or company or group of persons or companies because of race, color, national origin, sex (including gender identity and sexual orientation), disability, or age. Each bidder, proposer, Contractor and subcontractor shall comply with this non-discrimination requirement.

B. The Small Business Enterprise Program is a separate program from METRO’s Disadvantaged Business Enterprise (DBE)

Program which is administered by the federal government and applies to federally funded projects. METRO’s Small Business and Disadvantaged Business Enterprise Programs can be found at https://metro.resourcespace.com/pages/search.php?search=%21collection327536

C. Nothing in the Small Business or Disadvantaged Business Enterprise Programs should be construed to give a bidder or proposer a property interest in a proposal, bid or contract prior to the Board of Directors’ or the President and CEO Representative(s) award of the contract and compliance with all statutory and legal requirements.

D. The Small Business Participation goal METRO established for this solicitation is N/A%. The Small Business Participation goal may be satisfied by utilizing a METRO-certified Small Business Enterprises (SBE), a federally-certified Disadvantaged Business Enterprises (DBE) or a combination of both. These certification types are hereafter referred to as “certified”. All references to Small Businesses include Disadvantaged Businesses.

BIDDERS WHO FAIL TO COMMIT TO THE SMALL BUSINESS CONTRACT GOAL WILL BE DEEMED NONRESPONSIVE

AND NO FURTHER CONSIDERATION WILL BE GIVEN TO THEIR BID.

E. All certified and non-certified primes must self-perform a minimum of thirty percent (30%) of the contract value, regardless of the Small Business Participation goal percentage.

F. Below are the requirements to satisfy the minimum Small Business Participation goal and the Small Business Enterprise (SBE) Program:

1. A non-certified prime:

a) must self-perform a minimum of thirty percent (30%) of the contract value;

b) cannot self-perform one hundred percent (100%) of the contract value;

c) must subcontract, at a minimum, the Small Business Participation goal percentage to one or more certified firms;

d) cannot submit a Good Faith Effort (GFE) response. The names of all subcontractors and suppliers must be listed on the required Contractor Utilization Plan (CUP) form;

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e) is prohibited from multiple submissions of bids or proposals, i.e. submitting as a prime Contractor in one submission and as a subcontractor in another submission for the same project. Such multiple submissions may result in the disqualification of all submissions where the bidder/proposer is listed.

Note: If any one of the above requirements (a thru d) is not met, your bid/proposal WILL BE DEEMED NONRESPONSIVE.

2. A certified SBE/DBE prime:

a) must self-perform a minimum of thirty percent (30%) of the contract value;

b) cannot self-perform one hundred percent (100%) of the contract value;

c) must subcontract, at a minimum, the Small Business Participation goal percentage;

d) must subcontract, at a minimum, fifty percent (50%) of the Small Business Participation goal to one or more certified small or disadvantaged subcontractor(s);

(e.g. If the SB goal is 35%, then the certified SBE/DBE prime must subcontract at least 35% of the contract value; of which, at least half of the subcontracted 35% (which equates to 17.5%) must go to one or more certified SBE/DBE firms.

The remaining 17.5% can go to one or more certified or non-certified firms.)

e) cannot submit a Good Faith Effort (GFE) response. The names of all subcontractors and suppliers must be listed on the required Contractor Utilization Plan (CUP) form;

f) participation will count towards the Small Business Participation goal;

g) may submit as a prime in one submission and as a subcontractor in only one (1) other submission for the same project.

Note: If any one of the above requirements (a thru e) is not met, your bid/proposal WILL BE DEEMED

NONRESPONSIVE.

3. Certified SBE/DBE subcontractors, not submitting as a prime are limited to submitting as subcontractors on up to four (4) bid/proposal submissions for the same project. Failure to adhere to this four (4) bid/proposal limit may result in the disqualification of the offending certified subcontractor from all bids/proposals.

4. A Joint Venture (JV) can participate on a METRO project as a prime contractor or as a subcontractor. METRO views a JV as one legal entity and is subject to the same rules and requirements as other primes and subcontractors. For example (but not limited to):

a) The JV-prime must self-perform a minimum of thirty percent (30%) of the total contract value.

b) The JV-prime cannot self-perform 100% of the total contract value.

c) The JV-prime must demonstrate a commitment to the small business goal. Failure to commit to the SB goal will deem the JV Prime non-responsive and will not be considered for contract award.

d) If one (or more) of the firms that make up the JV partnership is a certified small or disadvantaged business, then the portion of the work performed by the certified firm(s) will be counted towards the small business goal.

e) The JV-prime must subcontract at a minimum, the small business goal percentage.

f) JV primes with a certified small or disadvantaged partner(s) are viewed the same as certified SBE/DBE primes, and therefore must subcontract, at a minimum, fifty percent (50%) of the Small Business Participation goal to a small or disadvantaged subcontractor(s).

g) The certified small or disadvantaged firm(s) that is part of a JV-prime partnership, can also be listed as a subcontractor(s) on one other team.

h) A JV-prime, without certified small or disadvantaged partners, is prohibited from submitting as a prime and as a subcontractor on the same submission.

i) A JV-subcontractor, with a certified small or disadvantaged partner(s), is limited to submitting as subcontractor(s) on only four (4) bid/proposal submissions for the same project. Only the portion of the work performed by the certified firm(s) will be counted towards the small business goal. Failure to adhere to this four (4) bid/proposal limit may result in the disqualification of the offending JV-subcontractor on all bids/proposals.

5. Agreements between a bidder/proposer and a certified SBE/DBE subcontractor in which the certified subcontractor promises not to provide subcontracting quotations to other bidders/proposers shall be prohibited.

G. Required Small Business Documents

Note: The ‘Contractor’s Utilization Plan,’ ‘Business Assurance Statement,’ ‘Subcontractor/Supplier Letter of Intent,’ and

‘Contractor Utilization Plan Pledge’ forms constitute the Contractor’s commitment to subcontract to certified businesses.

Submission of these documents is a condition to be met by the primes to be deemed responsive.

Note: All Small Business forms are to be submitted together under a single tab in bid/proposal submissions. If no Small xiii

Business Participation goal has been established, only the Contractor Utilization Plan Form must be submitted.

1. Contractor Utilization Plan See Exhibit F, Form 1

a) IT IS MANDATORY that every bidder or proposer submit a Contractor's Utilization Plan (the ‘Plan’) when submitting a bid or proposal or response to request for qualifications, whether or not a Small Business Participation goal has been established.

b) The bidder/proposer must use this form to identify all subcontractors with whom the bidder/proposer intends to contract, specifying the agreed price and/or percentage to be paid each subcontractor for such work, and certifying the contract items and parts thereof to be performed by each subcontractor. Only percentages of Contract Work Effort are to be indicated when responding to RFQ/RFP submissions, as pricing is determined later in the procurement process. The METRO SBE program does not accept a Good Faith Effort (GFE) response to its solicitations. All bidders/proposers must list each certified and non-certified firm on the Contractor Utilization Plan (CUP) form that it plans to utilize to satisfy the requirements of the scope of work.

c) If applicable, the Plan should set forth how the Small Business Participation goal for the proposed project is to be met.

The Plan will be used by METRO as a factor in evaluating whether a bidder/proposer has complied with the requirements of the Program to satisfy the Small Business Participation goal.

d) If the Small Business participation submitted by the bidder/proposer does not meet an established Small

Business Participation goal, if any, the bidder/proposer will be deemed non-responsive and will not be considered for contract award.

e) Failure to submit a complete Plan for a contract with a Small Business Participation goal will result in bid/proposal being deemed non-responsive and will not be considered for contract award.

f) When a Small Business Participation goal has been established, the Contractor shall adhere to the Plan submitted unless a waiver is received from the Office of Economic Business Opportunity. Any changes in the Plan regarding the proposed use of certified subcontractors in discharging the contract duties must be approved by the Office of Economic Business Opportunity. The approval of the Office of Economic Business Opportunity will not be unreasonably withheld upon a showing of good cause to make the change.

g) When adding a certified subcontractor to the Plan with a Small Business Participation goal, the Contractor must submit a copy of the subcontract agreement to the Office of Economic Business Opportunity within fifteen (15) days of receiving approval from the Office of Economic Business Opportunity.

h) The Contractor Utilization Plan must include the following:

1) A simple, straight-forward statement outlining subcontractor participation regardless of certification, inclusive of scope, responsibilities and percentage of work.

2) Materials and supplies shall be counted towards the small business goal as follows:

i. One hundred percent of the cost of materials or supplies purchased from a small business manufacturer can be applied towards the Small Business Participation goal of a Contract. A manufacturer is defined as a firm that operates or maintains a factory or establishment that produces, on the premises, the materials, supplies, articles, or equipment of the general character described by the scope and/or specifications of the contract.

ii. Sixty percent of the cost of materials or supplies purchased from a small business regular dealer can be applied towards the Small Business Participation goal of a Contract. A regular dealer is defined as a firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the scope and/or specifications of the contract are bought, kept in stock, and regularly sold or leased to the public in the usual course of business.

3) Copies of documents demonstrating that each Small Business team member is acceptably certified as either a

METRO-certified Small Business Enterprise (SBE) or TUCP-certified Disadvantaged Business Enterprise (DBE) and verifying that such certification is current as of the date of submission.

i. METRO accepts the following certifications:

• SBE - Metropolitan Transit Authority of Harris County (METRO)

• DBE - City of Houston/Texas Unified Certification Program (TUCP)

• DBE - City of Austin

• DBE - Corpus Christi Regional Transportation Authority

• DBE - North Central Texas Regional Certification Agency

• DBE - South Central Texas Regional Certification Agency

• Department of Transportation (DOT) approved DBE certification (from any state) xiv

• Small Business Administration (SBA) 8a

Important: While any certified or non-certified firm may participate on a METRO project, only the participation of firms with any one of above certifications will count towards the Small Business Participation goal.

ii. METRO does not count the participation of any other small business type certification toward the Small Business Participation goal, such as (but not limited to):

• State of Texas…