REQUEST FOR PROPOSALS FOR: MOWING SERVICES FOR

VACANT LOT

RFP#: 135-26-HLH-RFP

RFP CLOSING DATE: Wednesday, March 25, 2026

RFP CLOSING TIME: 3:00 P.M CT

City of Brownsville, Texas Procurement Department Solicitation No. 135-26-HLH-RFP

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 POINT OF CONTACT

1.7 UNAUTHORIZED COMMUNICATION

1.8 SUBMISSION OF CLARIFICATIONS OR CHANGES

1.9 SUBMISSION OF PROPOSALS

1.10 BUDGET INFORMATION

1.11 FUNDING NOTICE

1.12 EQUAL EMPLOYMENT OPPORTUNITY

2 SCOPE OF WORK

2.1 PROJECT DESCRIPTION

2.2 SCOPE OF SERVICES

2.3 MINIMUM QUALIFICATIONS

2.4 DELIVERABLES

2.5 PROJECT SCHEDULE

2.6 PERFORMANCE REQUIREMENTS

2.7 REFERENCE TO TECHNICAL DOCUMENTS

3 PROPOSAL INSTRUCTIONS

3.1 GENERAL REQUIREMENTS

3.2 PROPOSAL FORMAT

3.3 WITHDRAWAL OR MODIFICATION OF PROPOSALS (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 PROPOSAL

5 TERMS AND CONDITIONS

5.1 STANDARD TERMS AND CONDITIONS REFERENCE (EXHIBIT A)

5.2 PROPOSAL VALIDITY / FIRM OFFER PERIOD

5.3 WITHDRAWAL OF PROPOSAL

5.4 PROPOSAL PRICE REVISIONS (IF APPLICABLE)

5.5 AVAILABILITY OF FUNDS / NON-APPROPRIATION

5.6 TERMINATION BY THE CITY

5.7 INDEMNIFICATION

5.8 INSURANCE REQUIREMENTS

5.9 PROTEST PROCEDURES

5.10 RESTRICTIONS ON LOBBYING & POLITICAL CONTRIBUTIONS

5.11 CONFLICT OF INTEREST DISCLOSURES

5.12 STATE AND FEDERAL CERTIFICATIONS (AS APPLICABLE)

5.13 PUBLIC INFORMATION ACT & CONFIDENTIALITY

5.14 GOVERNING LAW & VENUE

5.15 INDEPENDENT CONTRACTOR STATUS

5.16 RESERVATION OF RIGHTS

5.17 CONSTRUCTION ONLY TERMS AND CONDITIONS (IF APPLICABLE)

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

5.17.2 Proposal Security/Bid Bond (Construction Only)

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

5.17.4 Liquidated Damages (Construction Only)

5.17.5 Change Orders (Construction/Renovation Only)

5.17.6 Application for Progress Payment; Retainage (Construction/Renovation Only) 29

5.17.7 Contractor’s Warranty of Title (Construction/Renovation Only) 30

6 EXHIBIT “A” - STANDARD PURCHASING TERMS AND CONDITIONS

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

1 General Information

1.1 Invitation Summary

The City of Brownsville (the “City”) is soliciting sealed proposals from qualified firms to provide the services described in this Request for Proposals (RFP). All proposals must be prepared and submitted in accordance with the instructions in this solicitation All dates and times referenced in this RFP are Central Standard Time (CST).

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

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

1.2 Legal Advertisement Notice

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

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

1.3 Calendar of Events

Release Date Saturday, February 14, 2026 Pre-Proposal Meeting Tuesday, February 24, 2026 at 10:00 A.M. CT

The Proposal meeting is open to the public. Participants may attend via Microsoft

Description NUMBER Pre-Bid Meeting OPENING

Request For Proposals For:

Mowing Services For

Vacant Lot

*P

135-26-HLH-RFP

Tuesday, February 24, 2026 @

10:00 A.M CT

TEAMS VIRTUAL MEETING

Wednesday, March 25, 2026 @ 3:00 P.M CT

TEAMS VIRTUAL MEETING

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

Teams (link below).

Microsoft Teams Link:

https://teams.microsoft.com/meet/27362149026987?p=cFnmRFGDlfjEJMC0xP

Meeting ID: 273 621 490 269 87 Passcode: AW2YQ9r8

Questions Due Date Tuesday, March 3, 2026 at 3:00 P.M. CT Addenda Issue Date Wednesday, March 11, 2026 at 5:00 P.M. CT Proposal Closing Due Date Wednesday, March 25, 2026 at 3:00 P.M. CT Proposal Opening Meeting Wednesday, March 25, 2026 at 3:00 P.M. CT

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

Microsoft Teams Link:

https://teams.microsoft.com/meet/28267244978857?p=oLvjLLZNFkxtyuXeab

Meeting ID: 282 672 449 788 57 Passcode: TD7Ae6Kw

Evaluation Period Week of March 30, 2026 Interviews (If Applicable) Week of April 6, 2026 Anticipated City Commission Award

May 19, 2026

This timeline is subject to change at the sole discretion of the City. Potential Proposers will be notified via addendum if a change in the schedule is made by the City.

https://teams.microsoft.com/meet/27362149026987?p=cFnmRFGDlfjEJMC0xP https://teams.microsoft.com/meet/28267244978857?p=oLvjLLZNFkxtyuXeab

1.4 Project Overview

It is the intent of the City of Brownsville, Texas to solicit sealed competitive proposals from qualified vendors to provide mowing and related maintenance services for vacant lot properties within the City limits. These services are required to address properties that are in violation of City ordinances and to maintain public health, safety, and community appearance standards. The City seeks to establish one or more contracts with responsible vendors capable of performing work order–based services in a timely, compliant, and cost-effective manner.

Services may also be required for other City-owned, City-managed, or City-designated properties, that the City determines require mowing or related maintenance services during the contract term.

1.5 Contract Term

The initial term of the agreement resulting from this RFP shall commence upon approval by the City Commission or its designee and be for a period of two (2) years, unless terminated earlier in accordance with the contract provisions. The City reserves the right to renew the contract for one (1) additional one-year period, subject to mutual agreement and availability of funds.

The City reserves the right to make a single award, multiple awards, or no award, as determined to provide the best value to the City and consistent with the evaluation criteria in this RFP.

1.6 Point of Contact

For information regarding bidding procedures contact Mrs. Alondra Palacios, Buyer or Mr. Damian Espinoza, Procurement Director, via Bonfire or email at purchasing@brownsvilletx.gov

1.7 Unauthorized Communication

Any oral communications are considered unofficial and non-binding with regard to this RFP. After the release of this solicitation, Proposer(s) are prohibited from contacting or communicating with any City officer, employee, or representative regarding this RFP 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 RFP evaluation, interview, or selection panels; City staff or City’s consultants, or seek to influence any City Commission Member, RFP evaluator, City staff, or City’s consultants regarding any matters pertaining to this solicitation, except as expressly provided herein. IF A REPRESENTATIVE OF ANY PROPOSING

COMPANY VIOLATES THE FOREGOING PROHIBITION BY CONTACTING ANY OF THE

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

MAY RESULT IN THE PROPOSER BEING DISQUALIFIED FROM THE IFB/RFP/RFQ/OR ANY

OTHER PROCUREMENT RELATED PROCESS.

1.8 Submission of Clarifications or Changes

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

mailto:purchasing@brownsvilletx.gov

1.9 Submission of Proposals

Respondents are responsible for ensuring their RFP response is complete and submitted in a timely manner.

Proposals received after the deadline will not be opened, evaluated, or considered, regardless of circumstances.

The City of Brownsville reserves the right to negotiate with proposers within a competitive range and to reject any and all proposals. 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 proposal will become part of the resulting contract; therefore, Proposers should ensure that all information is accurate, complete, and free of conditions that might limit the City’s rights.

1.10 Budget Information

Option A – Budget Disclosed The City of Brownsville has allocated approximately $55,000.00 for this project. Proposers are advised that the City reserves the right to reject any and all proposal that exceed the allocated budget. Submission of a proposal within budget does not guarantee award.

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 proposals.

2 Scope of Work

2.1 Project Description

The City of Brownsville is seeking professional mowing and property maintenance services for vacant lots and other City-owned, City-managed, or City-designated properties, identified by the Department of Health, Wellness & Animal Services and other City departments, as applicable. Services will be performed on an as-needed, work order basis and may include, but are not limited to, mowing of overgrown grass, edging, debris removal, tree trimming, and related cleanup activities. The selected contractor(s) will be responsible for responding to issued work orders, performing services in accordance with City standards, and providing required documentation to verify completion.

2.2 Scope of Services

2.2.1 Purpose & Objectives

This Scope of Work defines requirements, service standards, and deliverables for work order–based mowing services across designated sites. Objectives include:

• Abate specified properties/lots in compliance with established appearance standards

• Provide reliable, timely response to individual work orders (WO) with clear documentation.

2.2.2 Service Model Overview

Services are dispatched via Work Orders (WOs). Each WO specifies location(s), service window, tasks, and special instructions. Contractor shall acknowledge, perform, and close WOs per the timelines and standards in this SOW.

2.2.3 Operational Hours

• The contractor shall maintain a local office for administrative purposes. If a local office is not available, telephone communication staffed during normal business hours must be provided.

• Services may be provided Monday through Sunday between the hours of 7:00 am to 7:00 pm, unless otherwise directed.

• Properties classified as ‘warrants’ shall be scheduled and serviced exclusively during the City of Brownsville’s official business hours.

2.2.4 Included Services (per WO)

Unless otherwise specified in a WO, mowing WOs shall include:

1. Mowing

2. Edging

3. Blowing/Cleanup

4. Debris Pickup

5. Tree Trimming

6. Debris/Tree Branch Disposal (light/moderate/heavy/extreme)

7. Gate/Access Management

8. Special Event/Priority/Emergency Mowing

2.2.5 Performance Standards

• Appearance o Mow all designated areas to maintain a neat and uniform appearance.

o No scalping, rutting, gouging, or “rooster tails”; no uncut strips.

• Clippings Management o Grass clipping shall remain on the serviced lot.

o Any clippings on the street, alley, sidewalk, gutter, or storm drain must be blown back into the yard.

• Edging & Trimming o Trim edges along posts, trees, fences, sidewalks, driveways, alleys, and curbs.

o Edges kept neat, vertical, and straight; trimming height consistent with mowed grass.

• Debris o Remove all visible debris, including branches, construction materials, household appliances, furniture, tires, etc.

• Tree Trimming o Trim trees above sidewalks, streets, and alleys to allow for a 12-foot clearance.

o Remove any and all broken tree limbs.

• Disposal o Document before-and-after photos for verification.

o Ensure that loads from one property are kept completely separate from loads belonging to other properties to prevent misallocation.

o Ensure completion of City Landfill Waiver’s and corresponding load tickets for each disposal haul.

• Special Event/Priority/Emergency Mowing o Upon receipt of notification and approval, crews shall be dispatched within 48 hours.

• Gate/Access Management

*Gate Access Control: Gates must only be opened or removed under the direct supervision of an Ordinance Enforcement Inspector to ensure compliance with local regulations.

o Maintain access to all necessary tools for gate removal, such as wrenches, screwdrivers, cutting tools, and safety equipment.

o Retain tools suitable for different gate materials (metal, wood, chain-link) and mechanisms (hinged, sliding).

o Ensure personnel are trained on how to correctly and safely use the tools for gate removal.

o Ensure gates are fully opened and secured before equipment enters or exits.

o Secure gates when the crew leaves the site or during non-operational hours.

o Inspect gates for damage or obstructions before and after operations.

o Report any gate malfunctions or security issues immediately.

• Workmanship & Property Protection o No damage to trees (string trimmer guards), signage, irrigation heads, valve boxes, lighting, or structures.

o Report any incidental damage immediately.

• Safety & Cleanliness o Barricade or cone areas when operating near public walkways.

o Remove all tools, equipment, and litter.

2.2.6 Service Levels & Timelines (Work Order Lifecycle)

Acknowledgement: Contractor acknowledges WO within 2 business days Dispatch Window: Service scheduled within 3 business days for standard priority; 4–8 business hours for urgent WOs.

Completion: Work completed within the WO window. If weather or site conditions prevent service, the WO window will be revised and reissued at the city’s discretion.

Status Updates via live document:

• Accepted / Scheduled date & ETA.

• In-progress / On-site time stamp.

• Completed / Off-site time stamp, photos, notes, and exceptions.

Escalation: Issues (access denied, hazards, equipment failure) reported within 1 hour of discovery.

2.2.7 Seasonal & Weather Adjustments

• Suspend mowing during saturation, standing water, severe storms, or freeze conditions to prevent damage.

• Resume at next safe opportunity; update with revised schedule.

2.2.8 Equipment & Materials

• Use well-maintained commercial-grade mowers and trimmers sized to site conditions.

• Sharp blades; no fluid leaks; functioning guards and deflectors.

• Fueling and maintenance conducted off lawn areas.

2.2.9 Environmental Practices

• Prevent discharge of clippings to storm drains.

• Spill prevention and response plan for fuels and oils.

• Noise mitigation: avoid early/late hours near residences as required by ordinance Sec. 46-78.

- Enumeration of excessive sound levels.

• Ensure the disinfection of equipment to prevent the spread of disease and pathogens.

2.2.10 Deliverables & Documentation (Per WO)

• Before/During/After Photos: 3 Wide-angle + detail shots of representative areas and any issues found with stamped date and time.

• Return completed City Landfill Waiver and load tickets for each Debris Removal.

• Notes: Exceptions (blocked access, hazards), weather hold rationale, and damage reports.

2.2.11 Reporting & Invoicing

• All materials, including the Completed Work Order, Property Packets, Photos, City Landfill Waivers, Load Tickets, and Invoices must be submitted within 15 business days of completion.

• Invoice: Issued per WO with itemization by property.

• Discrepancy Resolution: Billing queries addressed within 3 business days.

2.2.12 Communication Protocols

• Primary Contacts:

• After Hours Email: healthadministration@brownsvilletx.gov

• Channels: Email and telephone communication.

• Frequency: Weekly status (if active Wos)

2.2.13 Data Privacy & Security

• Protect location data and photos; do not publish images of services completed or in progress.

• Retain records for 6 months or 180 days post service.

2.3 Minimum Qualifications

Each Proposer must provide information demonstrating that it is qualified to perform the services described in the Scope of Work. Proposers 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, Proposers must demonstrate the following qualifications:

1. Relevant Experience – A minimum of two (2) years of experience providing mowing, grounds maintenance, or similar property maintenance services of comparable size and scope.

2. Past Performance – At least three (3) completed projects of a similar nature within the last five (5) years, preferably for municipalities, governmental entities, or large commercial clients.

3. Key Personnel – Identification of a Project Manager or Site Supervisor responsible for contract oversight, scheduling, and quality control, with demonstrated experience in managing work order–based or field service operations.

4. Financial Capacity – Sufficient financial strength to successfully perform under the resulting contract (as demonstrated by financial statements or other supporting documentation).

5. Insurance Eligibility – The Proposer must be able to obtain and maintain all insurance coverage required under Section 5 – Terms and Conditions. Failure to demonstrate the ability to meet insurance requirements may result in the proposal being deemed non-responsive.

If a Proposer cannot meet one or more of the minimum requirements, the Proposer may provide supporting evidence demonstrating its ability to successfully complete the services, including the experience of management staff on similar contracts.

Insurance and Bonding (if applicable)

• All Proposers must be able to provide insurance coverage meeting the requirements outlined in Section 5 (Terms and Conditions).

2.4 Deliverables

Deliverables for this project are defined in the Scope of Work and shall be provided on a work order basis.

Required deliverables include, but are not limited to, completed work orders, before-and-after photographs, disposal documentation, and any other records necessary to verify satisfactory performance in accordance with the Scope of Work.

2.5 Project Schedule

This contract is for on-call, work order–based services. There is no fixed project schedule or Notice to Proceed.

Services shall be performed in accordance with the response times, service levels, and completion requirements specified in the Scope of Work and individual work orders issued by the City.

2.6 Performance Requirements

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

• Timely Performance of Services Completion of services in accordance with the response times, service levels, and requirements specified in the Scope of Work and individual work orders.

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

• Quality of Work Performance of services in a professional manner consistent with industry standards and the requirements of the Scope of Work.

• Coordination Coordination with City staff and other contractors, as necessary, to ensure efficient and effective service delivery.

• Safety Practices Adherence to applicable safety standards and City requirements while performing services.

2.7 Reference to Technical Documents

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

• Exhibit A – Vacant Lot Reference Images

3 Proposal Instructions

3.1 General Requirements

All proposals 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). Proposals received after the deadline will not be opened or considered.

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

Any costs incurred in preparing or submitting a proposal are the sole responsibility of the Proposer

3.2 Proposal Format

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

Once submitted, proposals become the property of the City and will not be returned. Proposals must be signed by a duly authorized official of the firm or by an authorized agent with written proof of authority. Proposals that fail to follow the required format or omit requested information may be deemed non-responsive and excluded from further evaluation. Proposals transmitted by telegraph, facsimile, or other non-approved electronic means will not be considered. Proposals 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 proposals, to waive informalities or irregularities in the best interest of the City, and to rely on information contained in the proposal, obtained from references, or secured through other sources as part of its evaluation. Conditional or incomplete proposals 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 proposal will become part of the resulting contract; therefore, Proposers should ensure that all information is accurate, complete, and free of conditions that might limit the City’s rights.

Proposers shall furnish documentation that identifies the following:

Chapter 1 – Letter of Intent

• Signed by an authorized representative, confirming the Proposer’s intent to provide services in accordance with this RFP 's terms and conditions, for the Rates (prices) submitted with the Proposal.

• Identify the primary point of contact for the proposal.

Chapter 2 – Experience, Qualifications, and Past Performance

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

• Experience providing mowing, grounds maintenance, or similar services within the last five (5) years.

• At least three (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

• Identification of the primary contact or site supervisor responsible for contract administration

• Description of staffing availability and capacity to perform work order–based services.

• Identification of any subcontractors proposed and their role (if applicable)

Chapter 4 – Service Approach and Compliance

• A brief description of the Proposer’s approach to responding to work orders.

• Confirmation of the Proposer’s ability to comply with the Scope of Work, response times, and service requirements.

• Description of quality control and safety practices.

Chapter 5 – Budget and Fees

• Completed pricing schedule submitted in the format provided by the City. Pricing shall be based on work order services and service categories identified in the Scope of Work.

• All-inclusive pricing that includes all labor, equipment, materials, supervision, transportation, disposal, overhead, and any other costs necessary to perform the services.

• Firm pricing for the initial contract term, unless otherwise stated in the solicitation.

Required Forms and Certifications Proposers must submit all required forms and certifications listed below. Failure to complete and submit these forms may result in the proposal 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 proposal:

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 Form 10 – Proposed Price Matrix o Form 11 – Optional Cooperative Use Authorization & Administrative Fee Acknowledgment o Addenda Acknowledgement Form - This form will be issued out by the City when an addendum is issued out.

• Vendor-Produced Documentation In addition to the City forms, vendors are responsible for providing certain documents that are not prepared or issued by the City. These must be completed by the vendor and uploaded in Bonfire with the proposal response in addition to City-issued forms. Proposers must submit the following documents prepared by the Proposer:

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

o Financial Statements or Proof of Financial Capacity (if requested under Section 2 – Scope of

Work or Section 2.3 – Minimum Qualifications).

o Any additional documents specifically requested in this RFP.

3.3 Withdrawal or Modification of Proposals (Prior to Deadline)

Proposals 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). Proposers 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

Proposals will be evaluated to determine which Proposer offers the best overall value to the City, considering price and other evaluation factors identified in this RFP. The evaluation process will be conducted in a fair, impartial, and transparent manner consistent with applicable local, state, and federal laws and regulations. Final award and contract execution are subject to approval by the Brownsville City Commission.

4.2 Evaluation Committee

All proposals 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 Review Proposals will undergo an initial screening to confirm that they meet the mandatory submission requirements outlined in this RFP. Proposals failing to meet these requirements may be deemed non-responsive and excluded from further consideration.

• Step 2 – Review and Scoring of Technical Criteria Responsive proposals 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 Proposer.

o Experience of key personnel and project team.

o Past performance and references.

o Financial and litigation history.

• Step 3 – Review and Scoring of Cost Proposal

Cost proposals will be evaluated for overall cost-effectiveness. The City may use a variety of methods to assign cost scores, including formula-based scoring, ranked or tiered scoring, range or band scoring, or other approaches that ensure fair and meaningful differentiation between proposals. Where appropriate, the City may also consider life-cycle costs, cost reasonableness, cost realism, and cost balance. The specific approach may vary depending on the number of proposals received, the funding source, and the nature of the procurement. Where federal funds are involved, evaluations will comply with applicable cost principles and procurement requirements under 2 CFR Part 200.

• Step 4 – Shortlisting (Competitive Range) Based on initial technical and cost evaluations, the Committee may establish a competitive range of the most highly rated proposals. Proposers within this range may be invited to participate in oral interviews, presentations, or clarifications.

• Step 5 – Negotiations and Best and Final Offer (BAFO) The City may conduct negotiations with Proposers in the competitive range. Following negotiations, the City may request Best and Final Offers (BAFOs). BAFOs will be evaluated against the same criteria, with adjustments based on negotiations and clarifications. The City reserves the right to make an award without negotiations or BAFOs if deemed in the City’s best interest.

• 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 proposals, 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, Experience, and Capacity 35

Service Approach and Compliance 30

Cost 20

Equipment and Capacity 15

Total Available 100

• Minimum Qualifications (Pass/Fail): Proposals will be reviewed to confirm compliance with the minimum qualification requirements identified in this solicitation, including the ability to meet insurance requirements, minimum experience thresholds, and other mandatory conditions. Only Proposers meeting all minimum qualifications will be deemed responsive and eligible for further evaluation.

• Qualifications and Experience (35 Points): Evaluation will consider the Proposer’s demonstrated experience providing mowing, grounds maintenance, or similar services of comparable size and scope.

Factors include years in business, past performance, references, and the Proposer’s demonstrated ability to successfully perform work order–based services.

• Service Approach and Compliance (30 Points): Evaluation will assess the Proposer’s understanding of the Scope of Work and ability to comply with work order response times, service levels, documentation requirements, and quality standards. Consideration will be given to scheduling practices, quality control procedures, and safety practices.

• Cost (20 Points): Evaluation will consider pricing submitted on the City’s Cost Proposal Form, including competitiveness, reasonableness, and overall value to the City based on the work order–based pricing structure defined in the Scope of Work.

• Equipment and Capacity (15 Points) Evaluation will consider the adequacy, condition, availability, and scalability of equipment proposed to perform the services described in the Scope of Work.

Equipment scoring will focus on operational capacity and readiness and will not duplicate evaluation of qualifications or service approach.

4.5 Oral Interviews, Presentations, and Negotiations

As part of the evaluation process, the City may invite shortlisted Proposers to participate in oral interviews, presentations, or demonstrations. These sessions are intended to clarify proposals, confirm the Proposer’s ability to meet project requirements, and provide evaluators with additional insight into the qualifications, methodology, staffing, and technical approach of each Proposer. 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 RFP.

If negotiations are conducted, they may address technical requirements, terms and conditions, pricing, or other elements of the proposal. Following negotiations, the City may request Best and Final Offers (BAFOs).

Proposers are advised to submit their proposals on the most favorable terms, as the City reserves the right to award a contract without conducting interviews, negotiations, or requesting BAFO

4.6 Basis of Award

The City may award a contract in whole, in part, or by groupings of services, if such action is determined to provide the best value to the City, consistent with the evaluation criteria set forth in this RFP. The City also reserves the right to make multiple awards when such possibility is stated in this RFP and when consistent with applicable laws and funding requirements. In the event of a tie score, the City will follow the procedures outlined in Texas Local Government Code §271.901. If federal or state funding requirements prohibit the use of local preference in resolving a tie, the City will use a random selection method (such as drawing lots) to determine the award.

4.7 Single Proposal

In the event that only one proposal is received, the City will evaluate the proposal in accordance with the published evaluation criteria to determine whether it represents best value to the City. The City may also conduct a cost and technical analysis to determine whether the proposal is fair and reasonable. Based on this review, the City may make an award, negotiate with the Proposer, or reject the proposal 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 a proposal, the Proposer acknowledges receipt and acceptance of Exhibit A.

5.2 Proposal Validity / Firm Offer Period

A proposal may not be withdrawn or cancelled by the Proposer for a period of ninety (90) calendar days following the proposal due date, and Proposer so agrees upon submittal. During this period, the City may accept a proposal and negotiate terms consistent with this RFP. Any attempted withdrawal after the deadline and within the irrevocability period may result in forfeiture of any proposal security (if applicable) and may affect the Proposer’s responsibility determination in future City solicitations.

5.3 Withdrawal of Proposal

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

5.4 Proposal Price Revisions (If Applicable)

Unless otherwise stated in this RFP or the resulting contract, prices shall remain firm for the initial contract term. If a price revision mechanism is permitted, revisions may occur only when supported by verifiable market documentation (e.g., published indices or manufacturer notices) and must:

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

• Include detailed documentation supporting the revision.

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

Discounts, delivery, and services accepted as part of the proposal are not subject to revision.

5.5 Availability of Funds / Non-Appropriation

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

5.6 Termination by the City

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

5.7 Indemnification

PROPOSER 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 PROPOSER’S activities under this contract, including any acts or omissions of PROPOSER, any agent, officer, director, representative, employee, consultant or subcontractor of PROPOSER, 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 PROPOSER 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. PROPOSER shall advise the CITY in writing within 24 hours of any claim or demand against the CITY or PROPOSER known to PROPOSER related to or arising out of PROPOSER's activities under this contract, and shall see to the investigation and defense of such claim or demand at PROPOSER's cost. The CITY shall have the right, at its option and at its own expense, to participate in such defense without relieving PROPOSER of any of its obligations under this paragraph.

5.8 Insurance Requirements

The Proposer 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.

Required Endorsements:

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

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

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

Certificates of Insurance:

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

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

5.9 Protest Procedures

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

Prior to Bid/Proposal Due Date:

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

After Bid/Proposal Due Date:

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

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

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

The protest must include:

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

• The solicitation number;

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

• Signature of the protestor or authorized representative;

• The form of relief requested; and

• A concise and logical presentation of facts.

Review and Hearing:

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

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

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

Exceptions; Restrictions:

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

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

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

Federal Agency Review:

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

• Federal review is limited to:

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

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

5.10 Restrictions on Lobbying & Political Contributions

A vendor/contractor or their agent is prohibited from lobbying activities with City officials, including elected officials, and employees regarding a proposed contract from the time a solicitation (RFP, RFQ, IFB, or other procurement) has been released until the contract is posted as a City Commission agenda item. If contact is required, such contact shall be made only in accordance with the procedures set forth in Section 1.6 (Authorized Contact) of this IFB. Violation of this provision by respondents or their agents, including lobbyists, may result in disqualification of the respondent’s offer. A parallel no-contact provision applies to lobbyists and their agents.

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

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

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

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

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

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

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

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

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

5.11 Conflict of Interest Disclosures

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

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

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

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

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

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

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

5.12 State and Federal Certifications (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 Proposers 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…