REQUEST FOR QUALIFICATIONS FOR: SOUTHMOST AREA

CORRIDOR STUDY AND POLICY INITIATIVE

RFQ#: 206-26-PLN-RFQ

RFQ CLOSING DATE: Thursday, April 23, 2026

RFQ CLOSING TIME: 3:00 P.M CT

City of Brownsville, Texas Procurement Department Solicitation No. 206-26-PLN-RFQ

Table of Contents

1 GENERAL INFORMATION

1.1 INVITATION SUMMARY

1.2 LEGAL ADVERTISEMENT NOTICE

1.3 CALENDAR OF EVENTS

1.4 PROJECT OVERVIEW

1.5 CONTRACT TERM

1.6 AWARD OF RFQ

1.7 POINT OF CONTACT

1.8 UNAUTHORIZED COMMUNICATION

1.9 SUBMISSION OF CLARIFICATIONS OR CHANGES

1.10 SUBMISSION OF QUALIFICATIONS

1.11 FUNDING NOTICE

1.12 EQUAL EMPLOYMENT OPPORTUNITY

2 SCOPE OF WORK

2.1 PROJECT DESCRIPTION:

2.2 GENERAL SCOPE OF SERVICES

2.3 MINIMUM QUALIFICATIONS

2.4 DELIVERABLES

2.5 CITY RESPONSIBILITIES

2.6 PERFORMANCE REQUIREMENTS

3 SOQ INSTRUCTIONS

3.1 GENERAL REQUIREMENTS

3.2 SOQ FORMAT AND ORGANIZATION

3.3 WITHDRAWAL/MODIFICATION OF RESPONSE PRIOR TO DEADLINE

3.4 CONFIDENTIALITY / TEXAS PUBLIC INFORMATION ACT

4 EVALUATION AND AWARD

4.1 GENERAL EVALUATION APPROACH

4.2 EVALUATION COMMITTEE

4.3 STEPS IN THE EVALUATION PROCESS

4.4 EVALUATION CRITERIA AND SCORING

4.5 ORAL INTERVIEWS, PRESENTATIONS, AND NEGOTIATIONS

4.6 BASIS OF AWARD

4.7 SINGLE SOQ

5 TERMS AND CONDITIONS

5.1 STANDARD TERMS AND CONDITIONS REFERENCE (EXHIBIT A)

5.2 SOQ VALIDITY / FIRM OFFER PERIOD

5.3 POST-AWARD FEE ADJUSTMENTS (IF APPLICABLE)

5.4 AVAILABILITY OF FUNDS / NON-APPROPRIATION

5.5 TERMINATION BY THE CITY

5.6 INDEMNIFICATION

5.7 INSURANCE REQUIREMENTS

5.8 PROTEST PROCEDURES

5.9 RESTRICTIONS ON LOBBYING & POLITICAL CONTRIBUTIONS

5.10 CONFLICT OF INTEREST DISCLOSURES

5.11 STATE AND FEDERAL CERTIFICATIONS (AS APPLICABLE)

5.12 PUBLIC INFORMATION ACT & CONFIDENTIALITY

5.13 GOVERNING LAW & VENUE

5.14 INDEPENDENT CONTRACTOR STATUS

5.15 RESERVATION OF RIGHTS

5.16 DRUG-FREE WORKPLACE

6 EXHIBIT “A” - STANDARD PURCHASING TERMS AND CONDITIONS

1 General Information

1.1 Invitation Summary

The City of Brownsville (the “City”) is soliciting Statements of Qualifications (SOQs) from experienced and qualified firms to provide the professional services described in this Request for Qualifications (RFQ).

Selection will be based on demonstrated competence and qualifications to perform the required services.

This procurement will follow all applicable local, state, and federal regulations governing qualifications-based selection, including compliance with Texas Government Code Chapter 2254, where applicable.

For questions or assistance, please contact the designated Buyer listed in Section 1.4 (Point of Contact).

1.2 Legal Advertisement Notice

*Q (Request for Qualifications)

Sealed, Statements of Qualifications (SOQs) must be submitted electronically via the City’s Bonfire portal, at City of Brownsville (bonfirehub.com)

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

Interested Respondents are invited to attend the SOQ opening Virtually on the dates specified. Presence is not mandatory. Specifications may also be viewed and downloaded at: City of Brownsville (bonfirehub.com)

Description NUMBER Pre-Submittal Meeting OPENING

REQUEST FOR

QUALIFICATIONS FOR

THE SOUTHMOST AREA

CORRIDOR STUDY AND

POLICY INITIATIVE

*Q

206-26-PLN-

RFQ

Monday, April 20, 2026 @

10:00 A.M CT

TEAMS VIRTUAL MEETING

Thursday, April 30, 2026 @ 3:00 P.M CT

TEAMS VIRTUAL

MEETING

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

1.3 Calendar of Events

Release Date Saturday, April 11, 2026 Pre-Submittal Meeting 4/20/2026 10:00 AM

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

Microsoft Teams Link:

https://teams.microsoft.com/meet/292658481527779?p=y4eGAffl1B3KDk1lxJ

Meeting ID: 292 658 481 527 779

Passcode: Gr7FT7yY

Dial by your location: +1 346 248 7799 US (Houston)

Questions Due Date 4/21/2026 3:00 PM Addenda Issue Date Thursday, April 23, 2026 SOQ Closing Date 4/30/2026 3:00 PM SOQ Opening Date 4/30/2026 3:00 PM

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

Microsoft Teams Link:

https://teams.microsoft.com/meet/229710481315155?p=ZZfdz8pPWhrqTz5pcD

Meeting ID: 229 710 481 315 155

Passcode: ih7AN7kf

Dial by your location: +1 346 248 7799 US (Houston)

Evaluation Period 14-20 days Interviews (If Applicable) May 26-29, 2026 https://teams.microsoft.com/meet/292658481527779?p=y4eGAffl1B3KDk1lxJ https://teams.microsoft.com/meet/229710481315155?p=ZZfdz8pPWhrqTz5pcD

1.4 Project Overview

The purpose of this RFQ is to identify and select the most qualified firm(s) to provide planning professional services. This is a qualifications-based solicitation; cost proposals are not to be submitted and will not be considered as part of the evaluation process.

1.5 Contract Term

The contract resulting from this RFQ will commence upon award by the City Commission and shall remain in effect for the duration of the project, not to exceed nine (9) months. The City reserves the right to approve optional extensions on a month-to-month basis, not to exceed a total of 3 months or as otherwise defined in the negotiated agreement. Final contract execution is subject to the availability of funds.

1.6 Award of RFQ

The City of Brownsville reserves the right to award this RFQ to the most qualified Respondent or, if in the City’s best interest, to multiple Respondents to establish a pool of qualified firms for future task orders or project assignments.

Selection shall be based on demonstrated competence and qualifications in accordance with Texas Government Code Chapter 2254, where applicable. If multiple awards are made, the City may assign work at its sole discretion based on project scope, availability, expertise, and the best interest of the City.

The City further reserves the right to reject any or all submittals, waive informalities, or re-advertise the RFQ.

1.7 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

1.8 Unauthorized Communication

Any oral communications are considered unofficial and non-binding with regard to this RFQ. After the release of this solicitation, Respondent(s) are prohibited from contacting or communicating with any City officer, employee, or representative regarding this RFQ other than (i) the point of contact designated herein. No officer, employee, agent, or representative of the Respondents(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 RFQ evaluation, interview, or selection panels; City staff or City’s consultants, or seek to influence any City Commission Member, RFQ evaluator, City staff, or City’s consultants regarding any matters pertaining to this solicitation, except as expressly provided herein. IF A REPRESENTATIVE OF ANY RESPONDING

COMPANY VIOLATES THE FOREGOING PROHIBITION BY CONTACTING ANY OF THE

ABOVE-LISTED PARTIES WITH WHOM CONTACT IS NOT AUTHORIZED, SUCH CONTACT

MAY RESULT IN THE RESPONDENT BEING DISQUALIFIED FROM THIS RFQ OR ANY OTHER

PROCUREMENT-RELATED PROCESS.

1.9 Submission of Clarifications or Changes

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

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

1.10 Submission of Qualifications

Respondents are responsible for ensuring their SOQ is complete and submitted in a timely manner. SOQs received after the deadline will not be opened, evaluated, or considered, regardless of circumstances

SOQs may not be withdrawn for a period of ninety (90) calendar days following the submission deadline. The City of Brownsville will evaluate SOQs strictly on the basis of qualifications. Cost terms will only be considered during contract negotiations with the most qualified Respondent..

1.11 Funding Notice

Local funds will be used and shall comply with all applicable local procurement laws, regulations, and policies.

1.12 Equal Employment Opportunity

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 Statements of Qualifications (SOQs).

2 Scope of Work

2.1 Project Description:

The City of Brownsville seeks consultant services to prepare a focused planning and policy study for the Southmost area. The assignment will evaluate corridor conditions, community needs, and applicable regulations, and will produce implementation-ready recommendations to preserve neighborhood character while supporting compatible reinvestment, safer multimodal connectivity, and targeted public realm improvements.

The consultant will work under the direction of the Planning & Redevelopment Department. City staff will supervise the project and coordinate internal review; the consultant will perform the technical analysis, engagement, and policy development.

The name of the study is Southmost Area Corridor Study and Policy Initiative, and it will be funded with local, general funds.

2.2 General Scope of Services

Task 1. Project Initiation

Conduct a kickoff meeting, confirm the work plan and schedule, identify needed data, and coordinate with staff throughout the project. Deliverables: Work plan, schedule, monthly status updates.

Task 2. Existing Conditions Analysis

Document existing land use, zoning, development pattern, business activity, housing types, corridor character, mobility conditions, public facilities, transit conditions, pedestrian and bicycle connectivity, environmental conditions, and opportunities/constraints within the study area. Deliverables: Existing conditions memorandum, corridor maps, opportunities and constraints summary.

Task 3. Policy and Regulatory Review

Review applicable plans, current zoning, and relevant development standards to identify gaps, conflicts, and opportunities for more context-sensitive regulations. Deliverables: Policy and regulatory review memorandum, including how specific plans translate into aligned strategies in this study.

Task 4. Public Engagement

Conduct a targeted engagement process that includes stakeholder interviews, at least two public meetings or open houses, and one walk audit and/or corridor workshop. Engagement shall be accessible and responsive to the needs of residents, business owners, transit users, and older adults. Deliverables: Engagement plan, meeting materials, engagement summary.

Task 5. Vision and Corridor Framework

Prepare a concise vision and planning framework for the study area, including corridor-specific principles for neighborhood preservation, public realm improvements, multimodal mobility, and compatible reinvestment.

Deliverables: Vision and framework memorandum.

Task 6. Transportation and Design Alternatives

Develop corridor-level concepts for sidewalks, crossings, bicycle facilities, bus stop enhancements, traffic calming, streetscape improvements, trail connections, shade, ADA access, and other public realm improvements. Deliverables: Corridor alternatives package, illustrative sections or concepts.

Task 7. Land Use and Economic Development Recommendations

Recommend land use and reinvestment strategies that support neighborhood-scale business activity, adaptive reuse, small commercial nodes where appropriate, and improved compatibility between residential and commercial areas. Deliverables: Land use and economic development recommendations memorandum.

Task 8. Environmental and Resiliency Strategies

Identify practical strategies related to tree planting, shade, heat mitigation, stormwater-sensitive design, low-maintenance public improvements, and animal-friendly amenities where appropriate. Deliverables:

Environmental and resiliency summary.

Task 9. Overlay / Zoning Recommendations

Recommend an implementation tool or combination of tools, such as an overlay district, special area standards, or targeted UDC amendments. Recommendations shall address uses, setbacks, frontage, parking, landscaping, signage, buffering, adaptive reuse, and other context-sensitive development standards. Deliverables: Zoning strategy memorandum and draft code framework.

Task 10. Final Report and Implementation Strategy

Prepare a draft and final report that consolidates findings, recommendations, concept improvements, zoning direction, and implementation actions. The implementation strategy shall identify priority actions, responsible parties, and short-, medium-, and long-term steps. Deliverables: Draft report, final report, implementation matrix, presentation materials.

2.3 Minimum Qualifications

Each Respondent must provide information demonstrating that it is qualified to perform the services described in the Scope of Work. Respondents must demonstrate their capability to deliver the required services, manage the project effectively, and ensure successful completion in compliance with applicable laws and standards. At a minimum, Respondents must demonstrate the following qualifications:

1. Licensing and Authority: Authorized to conduct business in Texas; hold all required professional licenses/certifications.

2. Experience: At least 5 years of relevant experience; at least 3 comparable projects completed in the past 5 years.

3. Key Personnel: Project team must include qualified staff with credentials relevant to their assigned roles.

A Project Manager must be designated.

4. Insurance: Ability to meet insurance requirements listed in Section 5.7.

5. Financial and Legal Standing: Not debarred, suspended, or in default on any contract with the City.

If a Respondent cannot fully meet one or more of the minimum qualifications listed above, the Respondent may provide supporting evidence demonstrating its ability to successfully perform the required services. Such evidence may include, but is not limited to, the experience of key management staff on comparable projects, innovative approaches to service delivery, or other relevant accomplishments. The City reserves the right to determine, at its sole discretion, whether the alternative evidence satisfies the intent of the minimum qualifications.

2.4 Deliverables

The successful Respondent shall provide deliverables that document project progress and ensure the City receives a complete and actionable work product. Deliverables shall include, at a minimum, technical memoranda, corridor analyses, stakeholder engagement summaries, planning and design recommendations, draft and final reports, implementation strategies, and presentation materials. All deliverables shall be submitted in both digital and editable formats, as applicable, and shall incorporate City review comments.

2.5 City Responsibilities

The City of Brownsville will provide:

• Access to relevant data, studies, reports, and background information necessary for project execution.

• A designated City Project Manager as the primary point of contact.

• Coordination with internal departments, external stakeholders, and regulatory agencies as required.

• Review of deliverables and timely feedback to facilitate progress.

2.6 Performance Requirements

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

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

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

• Quality assurance and warranty provisions as specified.

• Coordination with City staff and other contractors as necessary.

3 SOQ Instructions

3.1 General Requirements

All responses must be submitted electronically through the City’s Bonfire portal at https://brownsvilletx.bonfirehub.com no later than the date and time specified in Section 1 (General Information). Responses received after the deadline will not be opened or considered.

Responses must be complete, organized, and signed by an officer or other authorized representative of the firm.

Any costs incurred in preparing or submitting a response are the sole responsibility of the Respondent.

Respondents shall not include pricing, fee schedules, or any other cost-related information in their RFQ submission. Any inclusion of cost information may result in disqualification. The City will request cost and fee proposals separately during the negotiation phase in accordance with Texas Government Code Chapter 2254.

3.2 SOQ Format and Organization

Responses shall be organized into the following chapters. Each chapter should be clearly labeled, and responses should be complete and concise.

Once submitted, SOQs become the property of the City and will not be returned. Responses must be signed by a duly authorized official of the firm or by an authorized agent with written proof of authority. Responses that fail to follow the required format or omit requested information may be deemed non-responsive and excluded from further evaluation. Responses transmitted by telegraph, facsimile, or other non-approved electronic means will not be considered. Responses may not be withdrawn after the closing deadline, except as permitted by law. The City of Brownsville reserves the right to reject any and all responses, to waive informalities or irregularities in the best interest of the City, and to rely on information contained in the response, obtained from references, or secured through other sources as part of its evaluation. Conditional or incomplete SOQs may be rejected at the City’s sole discretion. At the sole discretion of the City, the events and dates listed in this solicitation are subject to change or cancellation, with notice provided through addenda posted on the Bonfire portal. The contents of the response will become part of the resulting contract; therefore, Respondents should ensure that all information is accurate, complete, and free of conditions that might limit the City’s rights.

https://brownsvilletx.bonfirehub.com/

Chapter 1 – Cover Letter

• Signed by an authorized representative, confirming the Respondent’s intent to provide services in accordance with this RFQ.

• Identify the primary point of contact for the SOQ.

Chapter 2 – Experience, Qualifications, and Past Performance

• Company history, years in business, and areas of expertise.

• Relevant experience with projects of similar size and scope within the last 10 years.

• At least 3 references for comparable projects (include client name, project title, year completed, and contact information).

• Disclosure of any litigation or default history within the last ten (10) years.

Chapter 3 – Staffing and Key Personnel

• Organizational chart showing key personnel and reporting structure.

• Résumés of the Project Manager/Lead Professional and other key staff.

• Availability of proposed personnel for this project.

• Identification of subcontractors (if any) and their role in the project.

Chapter 4 – Project Methodology and Technical Approach

• Narrative description of the Respondent’s approach to accomplishing the Scope of Work.

• Description of deliverables and schedule for completing the project.

• Explanation of quality control and project management processes.

Chapter 5 – Required Forms and Certifications Respondents must submit all required forms and certifications listed below. Failure to complete and submit these forms may result in the SOQ being deemed non-responsive.

• City-Issued Forms The following forms are provided as separate attachments on the City’s Bonfire procurement portal and must be completed and returned with the SOQ submission:

o Form 1 – Proposal Acknowledgment & Authorized Contact Info o Form 2 - Statement Of Conflicts Of Interest o Form 3 - Texas Ethics Commission Certificate of Interested Parties (Form 1295) o Form 4 – Respondent’s Statement of Organization o Form 5 – Non-Collusion Affidavit o Form 6 – Litigation Disclosure o Form 7 – Disclosure of Interest o Form 8 - References o Form 9 – Proposed Deviations o Addenda Acknowledgement Form (to be provided with each issued addendum)

• Vendor-Produced Documentation

In addition to the City forms, respondents are responsible for providing certain documents that are not prepared or issued by the City. These must be completed by the vendor and uploaded in Bonfire with the SOQ response in addition to City-issued forms. Respondents must submit the following documents prepared by the Respondent:

o Certificate of Insurance (meeting requirements in Section 5 – Terms and Conditions).

o Manufacturer Documentation, Technical Data Sheets, or Service Descriptions (if requested in

Section 2 – Scope of Work).

o Any additional documents specifically requested in this RFQ.

o Financial Statements or Proof of Financial Capacity

3.3 Withdrawal/Modification of Response Prior to Deadline

Responses may be withdrawn or modified at any time prior to the submission deadline through the City’s Bonfire portal. After the deadline, no changes, additions, or withdrawals will be permitted.

3.4 Confidentiality / Texas Public Information Act

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

The City will honor such designations to the extent allowed by law; however, the final determination of whether such information may be withheld rests with the Texas Attorney General or a court of competent jurisdiction.

4 Evaluation and Award

4.1 General Evaluation Approach

Statements of Qualifications (SOQs) will be evaluated to determine which Respondent(s) offer the highest overall qualifications to the City, consistent with the evaluation factors identified in this RFQ. Evaluations will be conducted in a fair, impartial, and transparent manner, in compliance with applicable local, state, and federal laws and regulations, including Texas Government Code Chapter 2254 (Professional Services Procurement Act), where applicable. Final award and contract execution are subject to approval by the Brownsville City Commission.

4.2 Evaluation Committee

All SOQs will be evaluated by an Evaluation Committee composed of City staff and/or subject matter experts.

The Committee may consult with other City representatives, legal counsel, or outside advisors as needed.

4.3 Steps in the Evaluation Process

• Step 1 – Compliance/Minimum Qualifications Review SOQs will undergo an initial screening to confirm that they meet the mandatory submission requirements outlined in this RFQ. SOQs failing to meet these requirements may be deemed non-responsive and excluded from further consideration. After a compliance review is done, a minimum qualifications review will be initiated. Only SOQs that meet the minimum qualifications set forth in Section 2.3 will be advanced to detailed evaluation. Failure to meet minimum qualifications, or failure to provide sufficient supporting documentation, will result in disqualification.

• Step 2 – Review and Scoring of Technical Criteria Responsive SOQs will be evaluated on technical merit, which may include:

o Understanding of the project requirements and scope.

o Methodology, approach, and work plan.

o Qualifications, abilities, and reputation of the Respondent.

o Experience of key personnel and project team.

o Past performance and references.

o Financial and litigation history.

• Step 3 – Shortlisting (Competitive Range)

Based on initial evaluations, the Committee may identify a shortlist of the most highly qualified Respondents. Shortlisted firms may be invited to participate in oral interviews, presentations, or clarifications.

• Step 4 – Oral Interviews / Presentations (if applicable) Shortlisted Respondents may present their qualifications, project understanding, and approach. Scores may be adjusted based on interview results, provided adjustments are tied directly to the published evaluation criteria.

• Step 5 – Request for Pricing & Negotiations Following completion of qualifications evaluations and oral interviews (if conducted), the City will request a detailed fee proposal from the highest-ranked Respondent. Negotiations will then be conducted in accordance with Texas Government Code Chapter 2254, where applicable, to establish a fair and reasonable price.

If the City is unable to reach an agreement with the highest-ranked Respondent, negotiations may be terminated, and the City may initiate negotiations with the next most qualified Respondent, continuing in this manner until an agreement is reached or the City elects to cancel the procurement.

• Step 6 – Recommendation and Award The Evaluation Committee will prepare a recommendation to the City Commission. The Commission, at its sole discretion, will make the final award decision. The City reserves the right to reject any or all SOQs, waive minor informalities, and award in whole, in part, or not at all.

4.4 Evaluation Criteria and Scoring

Criteria Points

Minimum Qualifications (Pass/Fail) –

Qualifications, Abilities, and Reputation 35

Quality of Proposed Services / Methodology 30

Staffing and Key Personnel Availability 20 Responsiveness of SOQ 15

Total Available 100

• Qualifications, Abilities, and Reputation (35 points): Demonstrated competence and experience with similar projects; references; qualifications and availability of key staff; financial stability; and ability to deliver within project requirements. The City Prefers Firms that can demonstrate 10 or more years of relevant experience.

• Quality of Proposed Services / Methodology (30 points): Strength and clarity of proposed methodology, work plan, schedule, and quality control measures.

• Staffing and Key Personnel Availability (20 points): Experience, credentials, and Community Development expertise of proposed key personnel and subconsultants relevant to the scope of services.

Availability of proposed personnel for this project.

• Responsiveness of SOQ (15 points): Completeness, organization, and relevance of the SOQ; alignment with City requirements; and demonstrated understanding of the City’s needs.

4.5 Oral Interviews, Presentations, and Negotiations

As part of the evaluation process, the City may invite shortlisted Respondents to participate in oral interviews, presentations, or demonstrations. These sessions are intended to clarify responses, confirm the Respondent’s ability to meet project requirements, and provide evaluators with additional insight into the qualifications, methodology, staffing, and technical approach of each Respondent. The Evaluation Committee may adjust scores based on interview results; however, adjustments must be tied to the evaluation criteria in Section 4.4.

Interviews should not introduce new evaluation criteria beyond those identified in this RFQ.

4.6 Basis of Award

The City may award a contract in whole, in part, or by grouping of services, if such action is determined to be in the City’s best interest. The City also reserves the right to make multiple awards when such a possibility is stated in this RFQ and when consistent with applicable laws and funding requirements.

4.7 Single SOQ

In the event that only one SOQ is received, the City will evaluate the submission in accordance with the published evaluation criteria to determine whether it represents best value to the City. The City may also conduct a qualifications and capacity analysis to determine whether the submission is fair and reasonable. Based on this review, the City may make an award, negotiate with the Respondent, or reject the SOQ and re-advertise the solicitation.

5 Terms and Conditions

5.1 Standard Terms and Conditions Reference (Exhibit A)

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

5.2 SOQ Validity / Firm Offer Period

A Statement of Qualifications (SOQ) may not be withdrawn or cancelled by the Respondent for ninety (90) calendar days following the SOQ due date, and Respondent so agrees upon submittal. During this period, the City may review SOQs, conduct evaluations and interviews, and negotiate contract terms consistent with this

RFQ.

Any attempted withdrawal after the submission deadline and within the firm-offer period may result in disqualification from this RFQ and may negatively affect the Respondent’s responsibility determination in future City solicitations.

5.3 Post-Award Fee Adjustments (If Applicable)

Unless stated otherwise in the resulting contract, negotiated fees shall remain firm for the initial contract term.

If a fee adjustment mechanism is expressly permitted, adjustments may occur only when supported by verifiable market documentation (e.g., published indices) and must:

• be submitted in writing before going into effect, and

• include detailed supporting documentation.

Continuing written notices are required for each thirty (30) day period that adjusted fees remain in effect.

5.4 Availability of Funds / Non-Appropriation

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

5.5 Termination by the City

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

5.6 Indemnification

RESPONDENT 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 RESPONDENT’S activities under this contract, including any acts or omissions of RESPONDENT, any agent, officer, director, representative, employee, consultant or subcontractor of RESPONDENT, 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 RESPONDENT AND CITY ARE FOUND JOINTLY LIABLE BY A COURT OF COMPETENT

JURISDICTION, LIABILITY SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH

THE LAWS FOR THE STATE OF TEXAS, WITHOUT, HOWEVER, WAIVING ANY GOVERNMENTAL

IMMUNITY AVAILABLE TO THE CITY UNDER TEXAS LAW AND WITHOUT WAIVING ANY

DEFENSES OF THE PARTIES UNDER TEXAS LAW.

The provisions of this INDEMNITY are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. RESPONDENT shall advise the CITY in writing within 24 hours of any claim or demand against the CITY or RESPONDENT known to RESPONDENT related to or arising out of RESPONDENT's activities under this contract and shall see to the investigation and defense of such claim or demand at RESPONDENT's cost. The CITY shall have the right, at its option and at its own expense, to participate in such defense without relieving RESPONDENT of any of its obligations under this paragraph.

5.7 Insurance Requirements

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

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

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

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

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

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

Required Endorsements:

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

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

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

Certificates of Insurance:

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

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

5.8 Protest Procedures

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

Prior to Bid/SOQ Due Date:

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

After Bid/SOQ Due Date:

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

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

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

The protest must include:

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

• The solicitation number;

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

• Signature of the protestor or authorized representative;

• The form of relief requested; and

• A concise and logical presentation of facts.

Review and Hearing:

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

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

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

Exceptions; Restrictions:

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

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

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

Federal Agency Review:

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

• Federal review is limited to:

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

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

5.9 Restrictions on Lobbying & Political Contributions

A vendor/contractor or their agent is prohibited from lobbying activities with City officials, including elected officials, and employees regarding a proposed contract from the time a solicitation (RFP, RFQ, IFB, or other procurement) has been released until the contract is posted as a City Commission agenda item. If contact is required, such contact shall be made only in accordance with the procedures set forth in Section 1.7 (Authorized Contact) of this RFQ. Violation of this provision by respondents or their agents, including lobbyists, may result in disqualification of the respondent’s offer. A parallel no-contact provision applies to lobbyists and their agents.

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

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

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

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

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

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

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

Each request for proposal or other document, notice, or advertisement for a contract shall contain a notice regarding this section in a form approved by the city attorney. Each contractor shall be required to submit with any proposal or other submission for the award of any contract a complete list of the persons included in the term "contractor" as defined in this chapter in a form prescribed by the city attorney. It shall be the duty of each city department director to immediately forward each contractor list received to the city secretary, who shall compile and maintain a log of persons who are required to be reported. In addition, the city secretary shall compile, maintain, and post online, by the 14th day after a city commission meeting, a list of contracts awarded at such commission meeting by city commission, including on such list, the date of the initial posting of the request for commission action relative to each specific contract, the name of the contractor, a short description of the contract and the date occurring

180 days after the award of the contract or the determination by city commission or the mayor that the contract would not be awarded to a contractor.

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

5.10 Conflict of Interest Disclosures

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

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

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

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

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

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

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

5.11 State and Federal Certifications (As Applicable)

The Contractor certifies the following:

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

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

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

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

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

5.12 Public Information Act & Confidentiality

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

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

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

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

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

If you fail to identify any records submitted as part of your SOQ as “Confidential” within the Bonfire system AND you fail to identify the specific state or federal law creating said privilege, you are irrefutably agreeing that said records are not confidential and are subject to public access.

5.13 Governing Law & Venue

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

5.14 Independent Contractor Status

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

5.15 Reservation of Rights

The City reserves the right to reject any or all SOQs, to waive informalities or irregularities, to cancel the solicitation, and to accept the SOQ(s) determined to provide the best value to the City consistent with this RFQ.

5.16 Drug-Free Workplace

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

6 EXHIBIT “A” - Standard Purchasing Terms and Conditions

By acceptance of a purchase order or agreement, or response to a solicitation, the successful Respondent agrees that the following terms and conditions, without modification, will govern:

DEFINITION OF BUYER

The City of Brownsville, its officers, agents, servants, authorized employees, vendors, and subvendors who act on behalf of various City departments, bodies or agencies.

DEFINITION OF SELLER

The consultant, contractor(s), supplier, contractor(s) or other providers of goods and/or services, its officers, agents, servants, employees, vendors and sub vendors who act on behalf of the entity under a contract with the City of Brownsville.

PUBLIC INFORMATION

Any information submitted to the City of Brownsville (the “City”) may be requested by a member of the public under the Texas Public Information Act. See TEX. GOV’T CODE ANN. §§ 552.002, 552.128(c) (West Supp.

2006). If the City receives a request for a Seller’s proprietary information, the Seller listed in the request will be notified and given an opportunity to make arguments to the Texas Attorney General’s Office (the “AG”) regarding reasons the Seller believes that its information may not lawfully be released. If Seller does not make arguments or the AG rejects the arguments Seller makes, Seller’s information will be released without penalty to the City.

PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS

No officer or employee of Buyer shall have a financial interest, direct or indirect, in any contract with Buyer or be financially interested, directly or indirectly, in the sale to Buyer of any land, materials, supplies or services, except on behalf of Buyer as an officer or employee.