11-126-25-AIR-IFB Reconstruct Runway 18-36 Schedules I, II, III.pdf

City of Brownsville Procurement Department

INVITATION FOR BIDS FOR :

Reconstruct Runway 18/36 Schedules I, II, & III

IFB#: 126-25-AIR-IFB

AIP Project # 3-48-0031-063-2025

Issued For Bid August 9, 2025

PRE-BID MEETING DATE: Tuesday, August 19, 2025 PRE- BID MEETING TIMES: 10:00 A.M. Central Time

PRE- BID LOCATION: Microsoft Teams Virtual Meeting

BID DUE DATE: Wednesday, September 10, BID DUE TIME: 3:00 P.M. Central Time

THIS PAGE INTENTIONALLY LEFT BLANK

Invitation for Bids for the Reconstruct Runway 18/36 Schedules I, II, & III

BID # 126-25-AIR-IFB AIP Project # 3-48-0031-063-2025 i

CALENDAR OF EVENTS

1. ADVERTISE SOLICITATION: Saturday, Saturday, August 9, 2025, and August 16, 2025

2. PRE-BID MEETING DATE AND TIME: Tuesday, August 19, 2025 @ 10:00 A.M. C.T.

3. SITE VISIT (Optional): Tuesday, August 26, 2025 @ 9:00 A. M. C.T.

4. DUE DATE FOR WRITTEN QUESTIONS: Friday, August 29, 2025, @ 3:00 P.M. C.T.

5. DUE DATE FOR WRITTEN

ANSWERS/ADDENDUM: Tuesday, September 2nd, 2025 @ 5:00 P.M. C.T.

6. DUE DATE FOR BIDS: Wednesday, September 10, 2025 @ 3:00 P.M. C.T.

BID # 126-25-AIR-IFB AIP Project # 3-48-0031-063-2025 ii

BID # 126-25-AIR-IFB AIP Project # 3-48-0031-063-2025 iii

TABLE OF CONTENTS

DIVISION 1 Invitation General Information Restrictions On Lobbying Activity Protest Procedures Chapter 2253. Public Work Performance And Payment Bond Insurance Exhibits

DIVISION 2 Contract Proposal

Bid Bond Contractor Information Sheet Subcontractor/Material Supplier Listing Authorized Contact Form General Information Required for All Bidders Certificate of Interested Parties House Bill 1295 Certificate of Interested Parties City of Brownsville Disclosure of Interests City of Brownsville Non-Collusive Bidding Certification Award of Contract Disadvantaged Business Utilization Commitment DBE Participation Form Historically Underutilized Business Submittal Requirements Equal Employment Opportunity Report Statement Buy America Certification Buy America Waiver Request Buy American Preference-Final Assembly Questionnaire Buy America Conformance Listing Certification of Offeror/Bidder Regarding Tax Delinquency and Felony Convictions Contractor’s Statement of Qualifications Certification Form Bid Proposal Any requested City forms will be found on Bonfire

DIVISION 3 Contract Agreement Contract Clause Certification Regarding Lobbying Certification Regarding Lobbying Certification of Owner’s Attorney Affidavit of Bills Paid

Payment Bond Performance Bond

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Notice of Award Notice to Proceed Notice of Contractor’s Settlement

DIVISION 4 Part 1 - General Contract Provisions (FAA)

Section 10 – Definition of Terms Section 20 – Proposal Requirements and Conditions Section 30 – Award and Execution of Contract Section 40 – Scope of Work Section 50 – Control of Work Section 60 – Control of Materials Section 70 – Legal Regulations and Responsibility to Public Section 80 – Prosecution and Progress Section 90 – Measurement and Payment

Part 2 - General Construction Items (FAA) Item C-100 – Contractor Quality Control Program (CQCP) Item C-102 – Temporary Air and Water Pollutions, Soil Erosion, and

Siltation Control Item C-105 – Mobilization Item C-110 – Percentage of Material within Specification Limit (PWL)

DIVISION 5 Special Provisions

Part A - Federal Requirements Part B - FAA Requirements Part C - Airport Requirements

DIVISION 6 FAA Advisory Circular 150/5370-2 Operational Safety on Airports During

Construction Construction Safety and Phasing Plan (CSPP)

DIVISION 7 Wage Rates

DIVISION 8 Technical Specifications

BID # 126-25-AIR-IFB AIP Project # 3-48-0031-063-2025

Division 1-1 Bidder’s Initials______

INVITATION

Brownsville South Padre Island International Airport Brownsville, Texas

AIP Project No. 3-48-0031-063-2025

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

Sealed, bids/proposals will be received by the City of Brownsville, 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 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)

Sealed bids, subject to the conditions contained herein, for improvements to the Brownsville South Padre Island International Airport, Brownsville, Texas, AIP Project No. 3-48-0031-063-2025 will be received by the City of Brownsville, Purchasing & Contracting Services Department, City Hall 1001 E. Elizabeth St., First Floor, Suite No. 101, Brownsville, Texas, 78520, through the Bonfire Interactive Portal specified in the ‘Instructions to Bidders’ section below, until Wednesday, September 10, 2025, at 3:00 P.M., and then publicly opened and read aloud.

The work involved will include the following major work items:

Schedule I - Reconstruct Runway 18/36 from Station 50+00.00 to Approach End of Runway 18 and Airfield Electrical

Description NUMBER Pre-Bid Meeting SITE VISIT OPENING

Invitation For

Bids For

Reconstruct

Runway 18/36

Schedules I, II, & III

*B

126-25-AIR-IFB

Tuesday, August 19, 2025 @

10:00 A.M. C.T., Microsoft Teams Virtual Meeting

Tuesday, August 26, 2025 @ 9:00 A.M CT

Wednesday, September 10, 2025

@3:00 P.M. C.T., virtually on Microsoft

Teams.

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 https://brownsvilletx.bonfirehub.com/portal/?tab=openOpportunities https://brownsvilletx.bonfirehub.com/portal/?tab=openOpportunities

BID # 126-25-AIR-IFB AIP Project # 3-48-0031-063-2025

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Schedule II - Reconstruct Runway 18/36 from Station 29+00.00 to Station 50+00.00 and Airfield Electrical Schedule III - Airfield Electrical

Construction for this project is expected to take 255 calendar day(s).

Pre-Bid Conference. The pre-bid conference for this project will be held on August 19, 2025 at 10:00 A.M., Microsoft Teams Virtual Meeting. All bidders are required to examine the site to become familiar with all site conditions.

Bid Conditions. The bidder is required to provide all information as required within the Contract Documents. The bidder is required to bid on all items of every schedule or as otherwise detailed in the Instructions to Bidders.

Bids may be held by City of Brownsville for a period not to exceed 120 calendar days from the date of the bid opening for the purpose of evaluating bids prior to award of contract.

The right is reserved, as City of Brownsville may require, to reject all bids and to waive any informality in the bids received.

For any clarifications, please contact Mr. Damian Espinoza, , Purchasing Director, at the City of Brownsville Purchasing & Contract Services Department (956) 548-6087 or email:

purchasing@brownsvilletx.gov

Bid Bond. Guarantee will be required with each bid as a certified check on a solvent bank or a Bid Bond in the amount of five (5) % of the total amount of the bid, made payable to the City of Brownsville.

Performance & Payment Bond. The successful bidder will be required to furnish separate performance and payment bonds each in an amount equal to 100% of the contract price.

Airport and Airway Improvement Act of 1982 as Amended. In accordance with the Davis-Bacon Act, as amended, the Contractor will be required to comply with the wage and labor requirements and to pay minimum wages in accordance with the schedule of wage rates established by the United States Department of Labor.

Equal Employment Opportunity and Affirmative Action Requirement. The proposed contract is under and subject to 41 CFR Part 60-4 and Executive Order 11246 of September 24, 1965, as amended, and to the equal opportunity clause and the Standard Federal Equal Employment Opportunity Construction Contract specifications including the goals and timetables for minority and female participation.

Title VI Solicitation Notice: The City of Brownsville, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 USC §§ 2000d to 2000d-4) and the Regulations, hereby mailto:purchasing@brownsvilletx.gov

BID # 126-25-AIR-IFB AIP Project # 3-48-0031-063-2025

Division 1-3 notifies all bidders or offerors that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and no businesses will be discriminated against on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability in consideration for an award.

DBE Requirement:

Bid Information Submitted as a matter of responsiveness:

The Owner’s award of this contract is conditioned upon Bidder or Offeror satisfying the good faith effort requirements of 49 CFR §26.53.

As a condition of responsiveness, the Bidder or Offeror must submit the following information with its proposal on the forms provided herein:

(1) The names and addresses of Disadvantaged Business Enterprise (DBE) firms that will participate in the contract;

(2) A description of the work that each DBE firm will perform;

(3) The dollar amount of the participation of each DBE firm listed under (1)

(4) Written statement from Bidder or Offeror that attests their commitment to use the DBE firm(s) listed under (1) to meet the Owner’s project goal; and

(5) Written confirmation from each listed DBE firm that it is participating in the contract in the kind and amount of work provided in the prime contractor's commitment; and

(6) If Bidder or Offeror cannot meet the advertised project DBE goal, evidence of good faith efforts undertaken by the Bidder or Offeror as described in appendix A to 49 CFR part

26. The documentation of good faith efforts must include copies of each DBE and non-

DBE subcontractor quote submitted to the bidder when a non-DBE subcontractor was selected over a DBE for work on the contract.

The bidder shall make good faith efforts, as defined in Appendix A of 49 CFR Part 26, Regulations of the Office of the Secretary of Transportation, to subcontract 2.1 % of the dollar value of the prime contract to small business concerns owned and controlled by socially and economically disadvantaged individuals (DBE). In the event that the bidder for this solicitation qualifies as a DBE, the contract goal shall be deemed to have been met. Individuals who are rebuttably presumed to be socially and economically disadvantaged include, women, Black Americans, Hispanic Americans, Native Americans, Asian-Pacific Americans, and Asian-Indian Americans. The apparent successful bidder will be required to submit information concerning the DBE's that will participate in this contract. The information will include the name and address of each DBE, a description of the work to be performed by each named firm, and the dollar value of the contract. If the bidder fails to achieve the contract goal stated herein, it will be required to provide documentation demonstrating that it made good faith efforts in attempting to do so. A bid that fails to meet these requirements will be considered non-responsive. Those firms currently certified as DBE's by the Texas Department of Transportation

BID # 126-25-AIR-IFB AIP Project # 3-48-0031-063-2025

Division 1-4 are eligible to participate as DBE's on this contract. A list of these firms can be obtained from the State, the consulting engineer, or the Sponsor.

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FAA Buy American Preference The Contractor agrees to comply with 49 USC § 50101, which provides that Federal funds may not be obligated unless all steel and manufactured goods used in AIP funded projects are produced in the United States, unless the Federal Aviation Administration has issued a waiver for the product; the product is listed as an Excepted Article, Material or Supply in Federal Acquisition Regulation subpart 25.108; or is included in the FAA Nationwide Buy American Waivers Issued list.

A bidder or offeror must complete and submit the Buy America certification included herein with their bid or offer. The Owner will reject as nonresponsive any bid or offer that does not include a completed Certificate of Buy American Compliance.

The Contractor certifies that its bid/offer is in compliance with 49 USC § 50101, BABA and other related Made in America Laws, U.S. statutes, guidance, and FAA policies, which provide that Federal funds may not be obligated unless all iron, steel and manufactured goods used in AIP funded projects are produced in the United States, unless the Federal Aviation Administration has issued a waiver for the product; the product is listed as an Excepted Article, Material Or Supply in Federal Acquisition Regulation subpart 25.108; or is included in the FAA Nationwide Buy American Waivers Issued list.

The bidder or offeror must complete and submit the certification of compliance with FAA’s Buy American Preference, BABA and Made in America laws included herein with their bid or offer. The Airport Sponsor/Owner will reject as nonresponsive any bid or offer that does not include a completed certification of compliance with FAA’s Buy American Preference and BABA.

The bidder or offeror certifies that all constructions materials, defined to mean an article, material, or supply other than an item of primarily iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives that are or consist primarily of: non-ferrous metals; plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables); glass (including optic glass); lumber; or drywall used in the project are manufactured in the U.S.

1 Per Executive Order 14005 “Made in America Laws” means all statutes, regulations, rules, and Executive Orders relating to federal financial assistance awards or federal procurement, including those that refer to “Buy America” or

“Buy American,” that require, or provide a preference for, the purchase or acquisition of goods, products, or materials produced in the United States, including iron, steel, and manufactured products offered in the United

States.

Trade Restriction Certification By submission of an offer, the Offeror certifies that with respect to this solicitation and any resultant contract, the Offeror –

1) is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms as published by the Office of the United

States Trade Representative (USTR);

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2) has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country included on the list of countries that discriminate against U.S. firms as published by the USTR; and

3) has not entered into any subcontract for any product to be used on the Federal project that is produced in a foreign country included on the list of countries that discriminate against

U.S. firms published by the USTR.

This certification concerns a matter within the jurisdiction of an agency of the United States of

America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18 USC § 1001.

The Offeror/Contractor must provide immediate written notice to the Owner if the

Offeror/Contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The Contractor must require subcontractors provide immediate written notice to the Contractor if at any time it learns that its certification was erroneous by reason of changed circumstances.

Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR § 30.17, no contract shall be awarded to an Offeror or subcontractor:

1) who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR; or

2) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign country on such USTR list; or

3) who incorporates in the public works project any product of a foreign country on such USTR list.

Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

The Offeror agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in all lower tier subcontracts. The Contractor may rely on the certification of a prospective subcontractor that it is not a firm from a foreign country included on the list of countries that discriminate against U.S. firms as published by USTR, unless the Offeror has knowledge that the certification is erroneous.

This certification is a material representation of fact upon which reliance was placed when making an award. If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration (FAA) may direct through the Owner cancellation of the contract or subcontract for default at no cost to the Owner or the FAA.

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Division 1-7

Notice Of The Requirement For Affirmative Action To Ensure Equal Employment Opportunity

1. The Offeror’s or Bidder’s attention is called to the “Equal Opportunity Clause” and the “Standard

Federal Equal Employment Opportunity Construction Contract Specifications” set forth herein.

2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor’s aggregate workforce in each trade on all construction work in the covered area, are as follows:

Timetables

Goals for minority participation for each trade: 71.0%

Goals for female participation in each trade: 6.9%

These goals are applicable to all of the Contractor’s construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the

Contractor also is subject to the goals for both its federally involved and nonfederally involved construction.

The Contractor’s compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a) and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor’s goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed.

3. The Contractor shall provide written notification to the Director of the Office of Federal Contract

Compliance Programs (OFCCP) within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the subcontract is to be performed.

4. As used in this notice and in the contract resulting from this solicitation, the “covered area” is

Cameron County, Brownsville, Texas.

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Federal Fair Labor Standards Act (Federal Minimum Wage) All contracts and subcontracts that result from this solicitation incorporate by reference the provisions of 29 CFR part 201, et seq, the Federal Fair Labor Standards Act (FLSA), with the same force and effect as if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and part-time workers.

The Contractor has full responsibility to monitor compliance to the referenced statute or regulation.

The Contractor must address any claims or disputes that arise from this requirement directly with the U.S. Department of Labor – Wage and Hour Division.

Certification of Offeror/Bidder Regarding Debarment By submitting a bid/proposal under this solicitation, the bidder or offeror certifies that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction.

Other Federal Provisions Award of contract is also subject to the following Federal Provisions:

• Civil Rights – Title VI Assurances

• Lobbying Federal Employees

• Recovered Materials

• Other Federal Provisions included in Part A of the Special Provisions

Brownsville, Texas

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1 General Information

It is the intent of the City of Brownsville, Texas to solicit sealed competitive bids for the Brownsville South Padre Island International Airport Reconstruct Runway 18/36 Schedules I, II, & III Project funded by The FAA, TxDOT and The City of Brownsville and is issuing a Solicitation for Sealed Bids to solicit responses for a construction contract.

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.

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.

If any of these conditions conflict with Federal conditions the stricter of the two conditions shall be enforced.

2 Point of Contact:

For information regarding bidding procedures contact Mr. Eduardo Torres, Buyer or Mr.

Damian Espinoza, Procurement Director, via Bonfire or email at purchasing@brownsvilletx.gov

3 Unauthorized Communication Any oral communications are considered unofficial and non-binding with regard to this

IFB. After the release of this solicitation, Proposer(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 PROPOSER VIOLATES

THE FOREGOING PROHIBITION BY CONTACTING ANY OF THE ABOVE-LISTED

mailto:purchasing@brownsvilletx.gov

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PARTIES WITH WHOM CONTACT IS NOT AUTHORIZED, SUCH CONTACT MAY

RESULT IN THE PROPOSER BEING DISQUALIFIED FROM THE IFB PROCESS.

4 Termination by the City

The City of Brownsville reserves the right to unilateral termination of the contract by providing a thirty (30) day written notice of such intent.

5 Submission of Bids

The City of Brownsville has partnered with Bonfire Interactive to create a new procurement portal for managing bids and proposals. Registration is easy and free.

Interested bidders must register at https://brownsvilletx.bonfirehub.com/ to receive notifications of business opportunities and to submit bids and proposals digitally. All bids must be submitted online through this portal.

All forms referenced in Division 2 of this solicitation must be submitted electronically through the City of Brownsville’s Bonfire Procurement Portal. These forms are included within Division 2 of the solicitation package.

Any required City forms, as well as additional supplemental forms — including the Request for Project Acknowledgment, Conflict of Interest Questionnaire, Drug-Free Workplace Certification, Litigation Disclosure Form, References Form, Form 14: System for Award Management (Sam.gov) Record Search, and Proposed Deviations Form — can be found on Bonfire.

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.

Bid Opening Date: Wednesday, September 10, 2025 Bid Opening Time: 3:00 P.M. C.T.

1. Telegraphic bids will not be considered.

2. Bids may not be withdrawn after the bid opening.

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

4. 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.

6 Submission for Request for Clarifications or Changes

All requests for approved equals, modifications or clarifications must be received via

Bonfire, no later than Friday, August 29, 2025 3:00 P.M CT.

7 Bid Bond

A certified or cashier's Check or an original Bid Bond Proposal Guaranty issued by a corporate surety company licensed to do business in the State of Texas and payable to the order of the City of Brownsville, Texas, in an amount not less than five percent (5%) of the greatest total amount of the Bid Proposal, must accompany each Bid as a guarantee that https://brownsvilletx.bonfirehub.com/

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Division 1-11 if awarded the Contract, the successful Bidder will promptly enter into a Contract and execute payment and performance bonds as outlined in the specification and Contract

Documents.

8 Payment and Performance Bond Requirements (If applicable)

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, 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 http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=GV&Value=2253 http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=GV&Value=2253

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Division 1-12 secretary of the treasury to qualify on obligations permitted or required under federal law.

(See Chapter 2253 – Performance and Payment Bond)

A. A listing on the Department of the Treasury Listing of Approved Sureties on the date of bond issuance shall be sufficient proof of the previously mentioned certificate of authority.

B. A copy of the reinsurance contract(s) with accompanying cover letter with original signature shall be sufficient proof of the previously mentioned reinsurance.

Contractor shall provide either a copy of the list as described in “A.” above, or the contract(s) and letter described in “B.” above, together with the payment and performance bonds.

Bid Bonds, Performance Bonds, Payment Bonds, and Extended Warranty Bonds issued by a corporate surety company not licensed to do business in the State of Texas will not be accepted.

9 PAYMENT AND PERFORMANCE BONDING CAPACITY LETTER

Must be included with the bid package (if applicable).

10 LIQUIDATED DAMAGES

The undersigned BIDDER further agrees to complete the project and achieve substantial completion/Delivery within 255 Consecutive Calendar Days submittal from the date of

Commencement/shipment, unless such time is extended by the City of Brownsville and that one thousand dollars ($1,000.00) per each consecutive calendar day will be the measure of liquidated damages assessed the undersigned for each calendar day in excess required to complete work and/or delivery under the contract for each portion of the project.

11 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

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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

12 BID REJECTION OR PARTIAL ACCEPTANCE

The CITY OF BROWNSVILLE reserves the right to reject any or all bids. Additionally, the City reserves the right to waive technicalities and formalities in bids, and to accept any bid in whole or in part, or to partially accept a bid, where such action is deemed to be in the best interest of the City.

13 CHANGE ORDERS

No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in the resulting contract. All change orders will be made in writing by the City of Brownsville Purchasing & Contract Services Department.

Shall follow Local Government Code §252.048 Change Order

14 SINGLE BID

In the event a single bid is received, the City will, at its option, conduct a price and/or cost analysis of the bid, or reject the bid and re-advertise. A price analysis would be performed by comparing price quotations submitted on other current quotations, current price lists, or other established or competitive prices.

15 CANCELATION OF PROCUREMENT

The City of Brownsville reserves the right to cancel the procurement, at any time for any reason before the Contract is fully executed and approved on behalf of the City.

16 AVAILABILITY OF FUNDS

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.

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17 BID AWARD

Bid award will be made on ALL on nothing basis.

18 BID PRICING

The bid prices quoted on this form are firm bid prices, which are good for One Hundred-

Twenty (120) calendar days following the acknowledgement of bids and are not subject to price adjustments. I have attached and initialed a copy of the City’s specifications for the item(s) on this form to clarify my understanding as to what features shall be required in the goods and/or services.

19 NON-APPROPRIATION CLAUSE

Notwithstanding any provisions of this agreement, the parties agree that the services are payable by city from appropriations, grants, and monies from the General Fund and other sources. 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.

20 EVALUATION

1. Minimum Contractor Requirements

a. The selected Contractor shall have no convictions or civil judgments preceding nor thereafter this solicitation rendered against Respondent for:

i. Commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction.

ii. Violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property.

b. The selected Contractor shall not have been indicted or otherwise criminally or civilly charged by a government entity (federal, state, or local) with commission of any of the offenses enumerated above.

c. Where applicable, Contractor’s staff must meet and maintain current certifications and/or licensure requirements as mandated by state law or the appropriate licensing authority.

d. Contractor must not be debarred at the time of response submission, and prior to award of a contract, the System for Award Management

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(SAM.gov) and the Texas Comptroller’s website will be checked to ensure

Vendor is not debarred. If the Vendor is debarred, the Vendor’s proposal will not be evaluated.

e. Contractor must demonstrate responsibility to complete the statement of work, including:

i. Contractor must have been in business providing work similar in scope for the past five (5) years as documented on the submitted statement of qualifications.

ii. References for 3 projects similar in scope and cost within the past five (5) years. References must include:

1. Client name, contact information, and project details (scope, cost, timeline)

2. Confirmation of the Contractor’s adherence to project timelines, budgets, and quality standards.

3. Verified, satisfactory performance feedback.

f. Contractor must not be in arrears on any existing contract or have defaulted on a previous contract.

g. In addition to references, the City reserves the right to independently verify the Contractor’s past performance through:

i. Public records and databases.

ii. Internal records from previous City contracts.

2. Evaluation Criteria

Evaluation Criteria Score

Responsiveness of Bid Pass/Fail

Financial Stability of Respondent Pass/Fail

Minimum requirements met Pass/Fail

Pricing 100

Total Score 100

Solicitation responses shall be evaluated in accordance with Chapter 252 and

2269 of the Texas Government Code. The Entity will award the contract to the lowest responsible and responsive bidder.

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a. Responsiveness: The bid must be complete, including pricing for the entire scope and all required documentation.

b. Responsibility: The bidder must demonstrate the ability to complete the contract requirements, including but not limited to:

i. Sufficient experience in similar projects.

ii. Financial capacity, operating capacity, workforce, equipment, and facilities.

3. Reference Verification and Pass/Fail Criteria

a. References will be scored on criteria such as project timeliness, adherence to budgets, quality of work, and issue resolution.

b. Any reference deemed unsatisfactory, unverifiable, or inconsistent with the

Contractor’s submitted qualifications may result in a failing grade for responsibility.

c. Vendors may be deemed non-responsible if they fail to provide accurate references or demonstrate a track record of successful project completion.

If the lowest-priced bidder fails to meet responsiveness or responsibility requirements, the City reserves the right to disqualify the offer and evaluate the response of the next lowest-priced responsive and responsible bidder.

The City reserves the right to waive informalities or minor irregularities in received bids and reject any and all bids at its discretion.

21 BASIS OF BID AWARD

The contract will be awarded to the responsible and responsive bidder meeting the specifications and having the lowest possible unit price of the Bid, consistent with the quality needed for effective use. All prices quoted will be firm. Award to successful bidder will be made by Commission action. Bid pricing shall be firm for the entire term of the awarded contract.

The City may at its option and expense have the material tested at any time for compliance. The Contractor's payment shall be deducted the full amount of expense to the City for any tests which fail to show compliance with the specifications.

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Supplied materials which tests show to not be in compliance shall be removed from the stockpile or roadbed at the contractor's expense. Additionally, no payment will be made to the supplier by the City, for the materials which do not meet the specifications. The quantity of such material shall be determined by the Public Works Director, whose decision shall be final.

22 APPLICATION FOR PROGRESS OF PAYMENT

(Construction/Renovation Only) Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the CONTRACT

DOCUMENTS. If Payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances

(which are hereinafter in these General Conditions referred to as "Liens") and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER'S interest therein, all of which will be satisfactory to OWNER. The amount of retainage with respect to progress payments will be 10% (ten percent). The retainage shall be held by the owner until all the work has been satisfactorily completed and accepted in writing. At that time the retainage may be released and included in the Final Payment.

23 Contractors Warranty of Title Contractor warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens.

24 Review of Applications for Progress of Payment

(Construction/Renovation Only)

Architect/Engineer will, within ten days after receipt of each Application for Payment, either indicate in writing a recommendation of payment or present the Application to

Owner, or return the Application to Contractor indicating in writing

ARCHITECT’S/ENGINEER’S reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and re-submit the

Application twenty (20) days after the presentation of the Application for Payment with

ARCHITECT’S/ENGINEER’S recommendation, the amount recommended will (subject to the provisions of the last sentence of paragraph 14.7) become due and when due will be paid by OWNER to CONTRACTOR.

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25 RESTRICTIONS ON LOBBYING ACTIVITY

26 Disclosures And Requirements For City Vendors/Contractors Lobbyists are often retained for the purpose of assisting vendor/contractor seeking to do business with the city. The standards of conduct applicable to city contractors or other vendor/contractor of lobbyists are discussed below.

27 Prohibited Contacts During Contract Evaluation 28 A vendor/contractor or a vendor’s/contractor’s agent is prohibited from lobbying activities with city officials, including elected officials, and employees regarding a proposed contract from the time a Request for Proposal (RFP), a Request for statements of Qualifications (RFQ-SOQ), a Bid Solicitation (IFB) or other solicitation has been released until the contract is posted as a City Commission agenda item. If contact is required, such contact will be done in accordance with procedures incorporated into the solicitation document.

Violation of this provision by respondents or their agents, including lobbyists, may lead to disqualification of the respondent’s offer. There is a parallel no-contact provision for lobbyists and their agents.

29 A Lobbyist or Vendor/Contractor May Not Place City Official Under 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 express purpose and intent of placing any city official under personal obligation to the Lobbyist or Vendor/ Contractor.

30 False Statements

A lobbyist or the vendor/contractor or any of their agents/representatives cannot intentionally or knowingly make any false or misleading statement of fact to any city official, or cause a copy of a document with false information to be received by an official without notifying the official in writing of the truth. Likewise, a registrant who learns that a statement in a registration form or activity report during the previous 3 years is false must correct that statement within 30 days by written notification to the

Office of the City Secretary.

31 Use of False Identification

A lobbyist or the vendor/contractor or any of their agents/representatives cannot communicate with a city official in the name of any fictitious person or in the name of any real person, without that person’s consent.

32 Improper Influence

A lobbyist or the vendor/contractor or any of their agents/representatives cannot cause or influence the introduction of any ordinance, resolution, appeal, application, petition, nomination, or amendment for the purpose of later being employed as a lobbyist to secure its granting, denial, confirmation, rejection, passage, or defeat.

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33 Sec. 40-7. - Prohibited contractor contributions.

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. 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.

34 Chapter 176 of the Local Government Code

Effective January 1, 2006, Chapter 176 of the Local Government Code requires all vendors or those who seek to contract for the sale or purchase of property, goods, or services with a local governmental entity to submit a completed “conflict of interest questionnaire” with the Office of the City Secretary within seven (7) days after the person:

1. Begins contract discussions or negotiations; or

2. Submits an application, response to a request for proposal or bids, correspondence, or another writing related to a potential agreement with the local governmental entity.

The questionnaire requires the vendor/contractor or contract seeker to disclose business or employment relationships with Commissioners, Mayor, and the City Manager. The

Texas Ethics Commission is responsible for drafting the questionnaire and a link to the form on the Texas Ethics Commission website is posted on the “Forms” page of the city’s ethics webpage. It is subject to change and anyone subject to the requirement should consult the TEC website to obtain the most up-to-date form.

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Violation of Chapter 176 of the Local Government Code is a class C misdemeanor.

Please consult your own legal counsel for questions about compliance.

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35 PROTEST PROCEDURES

The protest must outline the specific portion of the specification or IFB procedure that had been violated.

Prospective bidders whose direct economic interest would be affected by the award of a contract or by failure to award a contract may file a protest. The purchaser (City of

Brownsville/Engineering) will consider all protests requested in a timely manner regarding the award of a contract, whether submitted before or after an award. All protests are to be submitted in writing to:

Damian Espinoza, Purchasing/Contracting Director, City of Brownsville Procurement Division,…