13-Solicitation Package 260-25-EPW-IFB- Purchase and Delivery of Landfill 3rd Truck scale Device and Installation.pdf

City of Brownsville Procurement Department

INVITATION FOR BIDS FOR: PURCHASE AND

DELIVERY OF LANDFILL THIRD TRUCK SCALE

DEVICE AND INSTALLATION

IFB#: 260-25-EPW-IFB

PRE-BID MEETING DATE Tuesday, July 29, 2025

PRE-BID MEETING TIME: 11:00 A.M CT

PRE-BID LOCATION: TEAMS VIRTUAL MEETING

IFB CLOSING DATE: Tuesday, August 12, 2025

IFB CLOSING TIME: 3:00 P.M CT

Contents

CALENDAR OF EVENTS

INVITATION

GENERAL INFORMATION

Scope of Work/Specifications

POINT OF CONTACT:

UNAUTHORIZED COMMUNICATION

TERMINATION BY THE CITY

SUBMISSION OF BIDS

CONTRACT TERM

SUBMISSION FOR REQUEST FOR CLARIFICATIONS OR CHANGES

INDEMNIFICATION

BID REJECTION OR PARTIAL ACCEPTANCE

CHANGE ORDERS

SINGLE BID

CANCELATION OF PROCUREMENT

AVAILABILITY OF FUNDS

BID AWARD

BID PRICING

NON-APPROPRIATION CLAUSE

EVALUATION

BASIS OF BID AWARD

APPLICATION FOR PROGRESS OF PAYMENT

CONTRACTORS WARRANTY OF TITLE

REVIEW OF APPLICATIONS FOR PROGRESS OF PAYMENT

RESTRICTIONS ON LOBBYING ACTIVITY

DISCLOSURES AND REQUIREMENTS FOR CITY VENDORS/CONTRACTORS

PROHIBITED CONTACTS DURING CONTRACT EVALUATION

A LOBBYIST OR VENDOR/CONTRACTOR MAY NOT PLACE CITY OFFICIAL UNDER PERSONAL OBLIGATION

FALSE STATEMENTS

USE OF FALSE IDENTIFICATION

IMPROPER INFLUENCE

SEC. 40-7. - PROHIBITED CONTRACTOR CONTRIBUTIONS

CHAPTER 176 OF THE LOCAL GOVERNMENT CODE

PROTEST PROCEDURES

PROTEST BEFORE OPENING

PROTEST AFTER OPENING/ PRIOR TO AWARD

PROTEST AFTER AWARD

TEXAS OPEN RECORDS ACT AND CONFIDENTIALITY

CERTIFICATION OF COMPLIANCE WITH TEXAS FAMILY CODE PROVISION

CERTIFICATION OF COMPLIANCE WITH HOUSE BILL 89 & HOUSE BILL 793

INSURANCE

EXHIBITS

EXHIBIT “A” - STANDARD PURCHASING TERMS AND CONDITIONS

EXHIBIT “B” – CONTRACT SAMPLE

CALENDAR OF EVENTS

• Advertisement: Saturday, July 19th , 2025, and July 26th ,

• Pre-Bid Meeting Date And Time: Tuesday, July 29, 2025

@ 11:00 A.M CT

• Due Date For Written Questions: Friday, August 1, 2025

@ 3:00 P.M CT

• Due Date For Written Answers/Addendum: Tuesday, August 5, 2025 @ 5:00 P.M CT

• Due Date For Bids: Tuesday, August 12, 2025 @ 3:00 P.M

CT

• Tentative City Commission Approval: August 19th, 2025

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.

INVITATION

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

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

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

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

Description NUMBER Pre-Bid Meeting OPENING

Invitation For Bids For The: Purchase

& Delivery Of Landfill 3rd Truck Scale Device &

Installation

*B

260-25-EPW-IFB

Tuesday, July 29, 2025 @

11:00 A.M CT

TEAMS VIRTUAL MEETING

Tuesday, August 12, 2025 @ 3:00 P.M CT

TEAMS VIRTUAL

MEETING

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

General Information

The City of Brownsville seeks to release this Invitation for Bids (IFB) to find a qualified firm to supply, furnish, and install a third 70' x 11' four-module truck scale with a load capacity of 100,000 lbs, along with associated equipment, at the landfill scale house— ensuring accurate measurement, reliable operation, and full connectivity and communication with the existing two VTC221 Mettler-Toledo scales and scale computers.

As part of its commitment to operational efficiency and meeting landfill traffic demands, the City of Brownsville is facing increased pressure on its landfill scale infrastructure.

Current scales and processes no longer adequately handle the required landfill traffic volume. This project aims to implement a reliable, efficient, and modern automated scale system that delivers precise measurements, supports operational needs, and complies with industry standards.

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

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

Scope of Work/Specifications

The selected firm shall deliver, furnish, and install a new 70' x 11' four-module truck scale at the City of Brownsville landfill scale house. The scale must have a maximum capacity of up to 200,000 lbs, meeting NTEP Legal-for-Trade requirements with increments of 20 lbs or less. Load cells must have a minimum capacity of 50 metric tons (110,000 lbs). The work includes providing all associated equipment and ensuring full integration with the existing two VTC221 Mettler-Toledo scales and scale computers.

The system must be fully operational, accurately calibrated, and compliant with industry standards for performance and connectivity.

The system and all related components must comply with recognized cybersecurity standards, including the NIST Cybersecurity Framework and CIS benchmarks. Data transmitted over Ethernet and RS-232C interfaces must be secured using encryption or secure protocols where feasible. The system must support strong authentication, role-based access controls, and avoid hard-coded credentials. Vendors shall provide evidence of secure development practices, disclose vulnerabilities with timely patching plans, and ensure compliance with data protection regulations (for example, GDPR).

Security testing and certifications (such as ISO 27001 or SOC 2) must be completed and documented before deployment.

Point of Contact:

For information regarding bidding procedures contact Mrs. Jaydy Valdez, Buyer or Mr.

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

Unauthorized Communication

Any oral communications are considered unofficial and non-binding with regard to this IFB. After the release of this solicitation, Proposer(s) are prohibited from contacting or communicating with any City officer, employee, or representative regarding this IFB other than (i) the point of contact designated herein. No officer, employee, agent, or representative of the Proposer(s) shall, directly or indirectly through others, have any contact or discussion, oral or written, with any members of the City Commission;

members of the IFB evaluation, interview, or selection panels; City staff or City’s consultants, or seek to influence any City Commission Member, IFB evaluator, City staff, or City’s consultants regarding any matters pertaining to this solicitation, except as expressly provided herein. IF A REPRESENTATIVE OF ANY PROPOSER VIOLATES

THE FOREGOING PROHIBITION BY CONTACTING ANY OF THE ABOVE-LISTED

PARTIES WITH WHOM CONTACT IS NOT AUTHORIZED, SUCH CONTACT MAY

RESULT IN THE PROPOSER BEING DISQUALIFIED FROM THE IFB PROCESS.

Termination by the City

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

Submission of Bids

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

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

All forms that need to be completed will be found on Bonfire as a separate attachment from the solicitation package. Some forms, such as the Certificate of Insurance and others not provided by the City, must be provided by the vendor. It is the vendor's responsibility to obtain and submit these required forms with their response package.

These forms are not issued or prepared by the City.

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

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

Contract Term

This agreement shall commence upon City Commission approval and end upon completion of the scope of work included in this IFB and determined to be completed by the City of Brownsville’s Engineering and Public Works Department.

Bid Opening Date: Tuesday, August 12, 2025 Bid Opening Time: 3:00 P.M CT

1. Telegraphic bids will not be considered.

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

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

4. At the sole discretion of the City, events listed are subject to scheduling changes and cancellation. The City will make public any changes to the stated schedule.

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

1. Form 1 - Request for Project Acknowledgment

2. Form 2 - Conflict of Interest Questionnaire

3. Form 3 - Texas Ethics Commission Certificate of Interested Parties (Form

1295)

4. Form 4 - Proposer's Statement of Organization

5. Form 5 - Authorized Contact Form

6. Form 6 - Non-Collusive Bidding Certification Form

7. Form 7 - Drug-Free Place

8. Form 8 - Litigation Disclosure Form

9. Form 9 - Disclosure of Interest Form

10. Form 10 - City Certification Forms (Compliance with requirements for the participation of DBE’s/ Debarment, Suspension, and other ineligibility and voluntary exclusion lower tier covered transactions/ Certification regarding restrictions on lobbying)

11. Form 11 - References

12. Form 12 - Proposed Deviations

13. Form 13 – Bid Price Form

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

15. Certificate of Insurance 16.Vendor Cybersecurity Compliance Evidence Submission

Submission for Request for Clarifications or Changes All requests for approved equals, modifications or clarifications must be received via Bonfire, no later than Friday, August 1, 2025 3:00 P.M CT.

INDEMNIFICATION

BIDDER covenants and agrees to FULLY INDEMNIFY, DEFEND and HOLD HARMLESS, the CITY and the elected officials, employees, officers, directors, volunteers and representatives of the CITY, individually and collectively, from and against any and all costs, claims, liens, damages, losses, expenses, fees, fines, penalties, proceedings, actions, demands, causes of action, liability and suits of any kind and nature, including but not limited to, personal or bodily injury, death and property damage, made upon the CITY directly or indirectly arising out of, resulting from or related to BIDDER’S activities under this contract, including any acts or omissions of BIDDER, any agent, officer, director, representative, employee, consultant or subcontractor of BIDDER, and their respective officers, agents employees, directors and representatives while in the exercise of the rights or performance of the duties under this contract. The indemnity provided for in this paragraph shall not apply to any liability resulting from the negligence of CITY, its officers or employees, in instances where such negligence causes personal injury, death, or property damage. IN THE EVENT

BIDDER AND CITY ARE FOUND JOINTLY LIABLE BY A COURT OF COMPETENT

JURISDICTION, LIABILITY SHALL BE APPORTIONED COMPARATIVELY IN

ACCORDANCE WITH THE LAWS FOR THE STATE OF TEXAS, WITHOUT, HOWEVER,

WAIVING ANY GOVERNMENTAL IMMUNITY AVAILABLE TO THE CITY UNDER TEXAS

LAW AND WITHOUT WAIVING ANY DEFENSES OF THE PARTIES UNDER TEXAS LAW.

The provisions of this INDEMNITY are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity.

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

BID REJECTION OR PARTIAL ACCEPTANCE

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

CHANGE ORDERS

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

Shall follow Local Government Code §252.048 Change Order

SINGLE BID

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

CANCELATION OF PROCUREMENT

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

AVAILABILITY OF FUNDS

This procurement is subject to the availability of funding. The City’s obligation hereunder is contingent upon the availability of appropriated funds from which payment for the Contract purposes can be made. No legal liability on the part of the City for any payment shall arise until funds are made available to the Contracting Officer for this Contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer. Any award of Contract hereunder will be conditioned upon said availability of funds for the Contract.

BID AWARD

Bid award will be made on ALL or nothing basis.

BID PRICING

The bid prices quoted on this form are firm bid prices, which are good for Ninety (90) calendar days following the acknowledgement of bids and are not subject to price adjustments. I have attached and initialed a copy of the City’s specifications for the item(s) on this form to clarify my understanding as to what features shall be required in the goods and/or services.

NON-APPROPRIATION CLAUSE

Notwithstanding any provisions of this agreement, the parties agree that the services are payable by city from appropriations, grants, and monies from the General Fund and other sources. In the event sufficient appropriation, grants, and monies are not made available to City to pay these services for any fiscal year, this Agreement shall terminate without further obligation of City. In such event, the City Manager of City shall certify to contractor that sufficient funds have not been made available to City to meet the obligations of this Agreement; such certification shall be conclusive upon parties.

EVALUATION

1. Minimum Contractor Requirements

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

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

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

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

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

d. Contractor must not be debarred at the time of response submission, and prior to award of a contract, the System for Award Management (SAM.gov) and the Texas Comptroller’s website will be checked to ensure Vendor is not debarred. If the Vendor is debarred, the Vendor’s proposal will not be evaluated.

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

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

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

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

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

3. Verified, satisfactory performance feedback.

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

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

i. Public records and databases.

ii. Internal records from previous City contracts.

2. Evaluation Criteria

Evaluation Criteria Score Responsiveness of Bid Pass/Fail Financial Stability of Respondent Pass/Fail Minimum requirements met Pass/Fail Pricing 100 Total Score 100

Solicitation responses shall be evaluated in accordance with Chapter 252 and 2269 of the Texas Government Code. The Entity will award the contract to the lowest responsible and responsive bidder.

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

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

i. Sufficient experience in similar projects.

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

3. Reference Verification and Pass/Fail Criteria

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

b. Any reference deemed unsatisfactory, unverifiable, or inconsistent with the Contractor’s submitted qualifications may result in a failing grade for responsibility.

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

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

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

BASIS OF BID AWARD

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

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

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

Revisions on unit prices: it is agreed that bid prices may be superseded during the contract period only if such revisions are the result of increased in the Gulf coast area. A written notice stipulating in detail the price revision must be furnished to the City before revised prices go into effect. Also, such revisions must be supported by continuing written notices for each 30 day period such revisions are in effect. Discounts, delivery, and services accepted as part of this bid are not subject to revision.

APPLICATION FOR PROGRESS OF PAYMENT

(Construction/Renovation Only) Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the CONTRACT DOCUMENTS. If Payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances (which are hereinafter in these General Conditions referred to as "Liens") and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER'S interest therein, all of which will be satisfactory to OWNER. The amount of retainage with respect to progress payments will be 10% (ten percent). The retainage shall be held by the owner until all the work has been satisfactorily completed and accepted in writing. At that time the retainage may be released and included in the Final Payment.

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

Review of Applications for Progress of Payment

(Construction/Renovation Only)

Architect/Engineer will, within ten days after receipt of each Application for Payment, either indicate in writing a recommendation of payment or present the Application to Owner, or return the Application to Contractor indicating in writing ARCHITECT’S/ENGINEER’S reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and re-submit the Application twenty (20) days after the presentation of the Application for Payment with ARCHITECT’S/ENGINEER’S recommendation, the amount recommended will (subject to the provisions of the last sentence of paragraph 14.7) become due and when due will be paid by OWNER to CONTRACTOR.

RESTRICTIONS ON LOBBYING ACTIVITY

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

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

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

A Lobbyist or Vendor/Contractor May Not Place City Official Under Personal Obligation

A Lobbyist or a Vendor/Contractor or any of their agents may not do any act or refrain from any act for the express purpose and intent of placing any city official under personal obligation to the Lobbyist or Vendor/ Contractor.

False Statements

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

Use of False Identification

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

Improper Influence

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

Sec. 40-7. - Prohibited contractor contributions.

It shall be unlawful for any contractor to contribute or offer any contribution to a candidate, or for any candidate to solicit or accept any contribution from a contractor during a contract award period. In the event that a candidate unknowingly accepts a contribution in contravention of this provision, it shall be the duty of the candidate to return the contribution within ten days after he/she becomes aware of the violation.

Each request for proposal or other document, notice, or advertisement for a contract shall contain a notice regarding this section in a form approved by the city attorney.

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

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

Chapter 176 of the Local Government Code

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

1. Begins contract discussions or negotiations; or

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

The questionnaire requires the vendor/contractor or contract seeker to disclose business or employment relationships with Commissioners, Mayor, and the City Manager. The Texas Ethics Commission is responsible for drafting the questionnaire and a link to the form on the Texas Ethics Commission website is posted on the “Forms” page of the city’s ethics webpage. It is subject to change and anyone subject to the requirement should consult the TEC website to obtain the most up-to-date form.

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

Please consult your own legal counsel for questions about compliance.

PROTEST PROCEDURES

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

Prospective bidders whose direct economic interest would be affected by the award of a contract or by failure to award a contract may file a protest. The purchaser (City of Brownsville/Engineering) will consider all protests requested in a timely manner regarding the award of a contract, whether submitted before or after an award. All protests are to be submitted in writing to:

Damian Espinoza, Purchasing/Contracting Director, City of Brownsville Procurement Division, City Hall, 1001 E. Elizabeth St., First Floor, Suite 101 Brownsville, TX 78520.

Protest submissions should be concise, logically arranged, and clearly state the grounds for protest. Protest must include the following information:

A. Name, address, and telephone number of protestor, B. Identification of contract solicitation number, C. A statement as to what relief is requested.

Protest must be submitted to the City of Brownsville Purchasing Department in accordance with these procedures and time requirements must be complete and contain all issues that the protestor believes relevant. In the procedure outline below, the Chief Procurement & Contracting Officer is considered to be the Contracting Officer.

Protest before Opening

Protests alleging restrictive specifications or improprieties which are apparent prior to the bid deadline or receipt of bids must be submitted in writing to the Contracting Officer at the address above and must be received at least seven (7) days prior to the bid opening. If the written protest is not received by the time specified in bid package may be received an award made in the normal manner unless the Contracting Officer determines that remedial action is required. Oral protest not followed up by a written protest will be disregarded. The Contracting Officer may request additional information from the appealing party and information or responses from other bidder, which shall be submitted to the Contracting Officer not less than ten (10) days after the date of the City of Brownsville’s request. So far as practicable, appeals will be decided based on the written appeal, information and written responses submitted by the appealing party and other proposers. In failure of any party to timely respond to a request form information, it may be deemed by the purchaser that such party does not desire to participate in the proceeding, does not contest the matter, or does not desire to submit a response, and in such case, the protest will proceed and will not be delayed due to the lack of response. Upon receipt and review of written submissions and any independent evaluation deemed appropriate by the purchaser, the Contracting Officer shall either (a) render a decision, or (b) at the sole election of the Contracting Officer, conduct an informal hearing at which the interested parties will be afforded the opportunity to present their respective positions and facts, documents, justification, and technical information in support thereof. Parties may, but are not required to, be represented by counsel at the informal hearing, which will not be subject to formal rules of evidence or procedures. Following the informal hearing, if one is held, the Contracting Officer will render a decision, which shall be final, and notify all interested parties thereof in writing but no later than ten (10) days from the date of the informal hearing.

Protest After Opening/ Prior to Award

Proposal protests against the making of an award by the purchaser must be submitted in writing to the Contracting Officer and received within seven (7) days of the award by the purchaser. Notice of the protest and the basis thereto will be given to all proposers.

In addition, when a protest against the making of an award by the purchaser is received and it is determined to withhold the award pending disposition of the protest, the proposers whose proposals might become eligible for award shall be requested, before the expiration of the time for acceptance, to extend or to withdraw the proposal. Where a written protest against the making of an award is received in the time period specified, award will not be made prior to seven (7) days after resolution of the protest unless the purchaser determines that:

A. The item to be purchased are urgently required B. Delivery or performance will be unduly delayed by failure to make an award promptly, or C. Failure to make an award will otherwise cause undue harm to City of Brownsville or the Federal Government.

Protest After Award

In instances where the award has been made, the Contractor shall be furnished with the notice of protest and the basis thereof. If the contractor has not executed the contract as of the date of the protest is received by the City of Brownsville; the execution of the contract will not be made prior to seven (7) days after resolution of the protest unless the City of Brownsville determines that:

A. The items to be purchased are urgently required B. Delivery or performance will be unduly delayed by failure to make an award promptly, or C. Failure to make an award will otherwise cause undue harm to the City Of

Brownsville or the federal government.

Texas Open Records Act and Confidentiality

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

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

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

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

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

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

Certification of Compliance with Texas Family Code Provision

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.

Certification of Compliance with House Bill 89 & House Bill 793

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.

INSURANCE

The contractor shall, at no expense to the City, instruct their insurance agent or carrier to furnish a certificate of insurance attesting to the issuance of policies affording coverage as required and listed in this section. Certificates required by this contract shall be submitted prior to award of the contract and should be forwarded to:

City of Brownsville

Finance Department-Purchasing/Contracting Division

City Hall 1001 E. Elizabeth St., 1st Floor, Suite No. 101

P. O. Box 911, Brownsville, Texas 78520

Attention: Mr. Damian Espinoza, Procurement and Contracting Manager

BID # 087-24-EPW-IFB

A. The contractor shall furnish and keep in full force during the term of this contract the following insurance coverage:

A) Worker’s Compensation Insurance Amount: Statutory

B) Comprehensive General Liability Insurance Amount:

$1,000,000 Each Occurrence

$2,000.000 General Aggregate

C) Comprehensive Automobile Liability Insurance (applicable to owned, non-owned and hired vehicles) Amount:

$500,000 Combined Single Limit

B. The premiums to be expended for all of the above-enumerated policies of insurance shall be paid by the contractor. The policies of insurance, certificates of insurance, and the insurance company(s) issuing such certificates or policies of insurance must be acceptable to the City.

A. All policies or certificates of insurance must be issued indicating that such policies or certificates are applicable to work being performed under a specific contract or to all work performed by the contractor for the City of Brownsville.

B. All of the aforementioned policies and certificates of insurance should be issued immediately after the contractor receives notification of award. It should be clearly understood that the contractor is not to commence any work until a written notice to proceed is received from the City. Policies and certificates of insurance must clearly indicate that they will remain in force for a period of at least twelve (12) months from inception date.

C. A minimum of thirty (30) days written notification must be given by an insurer of any alteration, material change or cancellation affecting any certificates or policies of insurance as required under this contract. The City of Brownsville is to be named as an additional insured.

A. Such required notification must be sent via registered or certified mail to the address indicated in Section above.

Exhibits Exhibit A – Standard Purchasing Terms and Conditions

Exhibit B – Contract Sample

EXHIBIT “A” - Standard Purchasing Terms and Conditions

By acceptance of a purchase order or agreement, or response to a solicitation, the successful proposer 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. Any willful violation of this section shall constitute malfeasance in office, and any officer or employee found guilty thereof shall thereby forfeit his office or position. Any violation of this section with the knowledge, expressed or implied, of the person or corporation contracting with the City Commission shall render the contract invalid by the City Manager or the City Commission. (Chapter XXVII, Section 16, City of Brownsville Charter)

ORDERS

No employees of the Buyer or its officers, agents, servants, vendors or sub vendors who act on behalf of various City departments, bodies or agencies are authorized to place orders for goods and/or services without providing approved contract numbers, purchase order numbers, or release numbers issued by the Buyer. The only exceptions are Purchasing Card orders and emergencies pursuant to Texas Local Government Code Section 252.022(a)(1), (2), or (3). In the case of emergencies, the Buyer’s Purchasing Division will place such orders.

Acceptance of an order and delivery on the part of the Seller without an approved contract number, purchase order number, or release number issued by the Buyer may result in rejection of delivery, return of goods at the Seller’s cost and/or non-payment.

SELLER TO PACKAGE GOODS

Seller will package goods in accordance with good commercial practice. Each shipping container shall be clearly and permanently marked as follows: (a) Seller's name and address: (b) Consignee's name, address and purchase order or purchase change order number; (c) Container number and total number of containers, e.g., box 1 of 4 boxes; and

(d) Number of the container bearing the packing slip. Seller shall bear the cost of packaging unless otherwise provided.

Goods shall be suitably packed to secure lowest transportation costs and to conform to requirements of common carriers and any applicable specifications. Buyer's count or weight shall be final and conclusive on shipments not accompanied by packing lists.

SHIPMENT UNDER RESERVATION PROHIBITED

Seller is not authorized to ship the goods under reservation, and no tender of a bill of lading will operate as a tender of goods.

TITLE AND RISK OF LOSS

The title and risk of loss of the goods shall not pass to Buyer until Buyer actually receives and takes possession of the goods at the point or points of delivery after inspection and acceptance of the goods.

DELIVERY TERMS AND TRANSPORTATION CHARGES

Freight terms shall be F.O.B. Destination, Freight Prepaid and Allowed, unless delivery terms are specified otherwise in Seller's proposals. Buyer agrees to reimburse Seller for transportation costs in the amount specified in Seller's proposals or actual costs, whichever is lower, if the quoted delivery terms do not include transportation costs;

provided, Buyer shall have the right to designate what method of transportation shall be used to ship the goods.

PLACE OF DELIVERY

The place of delivery shall be set forth in the "Ship to" block of the purchase order, purchase change order, or release order.

RIGHT OF INSPECTION

Buyer shall have the right to inspect the goods upon delivery before accepting them.

Seller shall be responsible for all charges for the return to Seller of any goods rejected as being nonconforming under the specifications.

INVOICES

Seller shall submit separate invoices in duplicate, on each purchase order or purchase change order after each delivery. Invoices shall indicate the purchase order or purchase change order number. Invoices shall be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading and the freight waybill, when applicable, should be attached to the invoice. Seller shall mail or deliver invoices to Buyer’s Department and address as set forth in the block of the purchase order, purchase change order or release order entitled "Ship to." Payment shall not be made until the above instruments have been submitted after delivery and acceptance of the goods and/or services.

Seller shall not include Federal Excise, State or City Sales Tax in its invoices. The Buyer shall furnish a tax exemption certificate upon Seller’s request.

PRICE WARRANTY

The price to be paid by Buyer shall be that contained in Seller's proposals which Seller warrants to be no higher than Seller's current prices on orders by others for products and services of the kind and specification covered by this agreement for similar quantities under like conditions and methods of purchase. In the event Seller breaches this warranty, the prices of the items shall be reduced to the prices contained in Seller’s proposals, or in the alternative upon Buyer's option, Buyer shall have the right to cancel this contract without any liability to Seller for breach or for Seller's actual expense. Such remedies are in addition to and not in lieu of any other remedies which Buyer may have in law or equity.

Seller warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage or contingent fee, excepting employees of an established commercial or selling agency that is maintained by Seller for the purpose of securing business. For breach or violation of this warranty, Buyer shall have the right, in addition to any other right or rights arising pursuant to said purchase(s), to cancel this contract without liability and to deduct from the contract price such commission percentage, brokerage or contingent fee, or otherwise to recover the full amount thereof.

PRODUCT WARRANTY

Seller shall not limit or exclude any express or implied warranties and any attempt to do so shall render this contract voidable at the option of Buyer. Seller warrants that the goods furnished will conform to Buyer's specifications, drawings and descriptions listed in the proposal invitation, and the sample(s) furnished by Seller, if any. In the event of a conflict between Buyer's specifications, drawings, and descriptions, Buyer’s specifications shall govern.

SAFETY WARRANTY

Seller warrants that the product sold to Buyer shall conform to the standards promulgated by the U.S. Department of Labor under the Occupational Safety and Health Act (OSHA) of 1970, as amended. In the event the product does not conform to OSHA standards, Buyer may return the product for correction or replacement at Seller's expense. In the event Seller fails to make appropriate correction within a reasonable time, any correction made by Buyer will be at Seller's expense. Where no correction is or can be made, Seller shall refund all monies received for such goods within thirty (30) days after request is made by Buyer in writing and received by Seller. Notice is considered to have been received upon hand delivery, or otherwise in accordance with Section 29.0 of these terms and conditions. Failure to make such refund shall constitute breach and cause this contract to terminate immediately.

SOFTWARE LICENSE TO SELLER

If this purchase is for the license of software products and/or services, and unless otherwise agreed, Seller hereby grants to Buyer, a perpetual, irrevocable, non-exclusive, nontransferable, royalty free license to use the software. This software is ”proprietary” to Seller, and is licensed and provided to the Buyer for its sole use for purposes under this Agreement and any attached work orders or invoices.